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07-0918_NATURE'S IMAGE, INC._Construction ContractfCONSTRUCTION CONTRACT
THIS CONTRACT is made and entered into, to be effective, this )S day of
-,:2 C910 ber-- , 2007, by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as "City," and Nature s Zi„LA,e
hereinafter referred to as "Contractor."
City and Contractor mutually agree as follows:
Section 1. General Conditions.
Contractor certifies and agrees that all the terms, conditions and obligations of
the Contract Documents as hereinafter defined, the location of the job site, and the
conditions under which the work is to be performed have been thoroughly reviewed, and
enters into this Contract based upon Contractor's investigation of all such matters and is
in no way relying upon any opinions or representations of City. It is agreed that this
Contract represents the entire agreement between the parties. It is further agreed that
the Contract Documents including the Notice Inviting Bids, Special Instructions to
Bidders, if any, and Contractor's Proposal are incorporated in this Contract by
reference, with the same force and effect as if the same were set forth at length herein,
and that Contractor and its subcontractors, if any, will be and are bound by any and all
of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the work covered by this Contract. In the event of a conflict in the
documents the following order of precedence will apply - the Construction Contract VU
precedes the Specifications which precedes the Plans, which precedes the bid
proposal.
"Project" as used herein defines the entire scope of the work covered by all the
Contract Documents. Anything mentioned in the Specifications and not indicated in the
Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the Plans or
CITY OF SAN JUAN CAPISTRANO
AVENIDA PLACIDA HABITAT RESTORATION
AGREEMENT
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ATTACHMENT
Is I
Specifications, the matter shall be immediately submitted to City's Engineer, without
whose decision Contractor shall not adjust said discrepancy save only at Contractor's
own risk and expense. The decision of the Engineer shall be final.
Section 2. Materials and Labor.
Contractor shall furnish, under the conditions expressed in the Plans and
Specifications, at Contractor's own expense, all labor and materials necessary, except
such as are mentioned in the Specifications to be furnished by the City, to construct and
complete the Project, in good workmanlike and substantial order. If Contractor fails to
pay for labor or materials when due, City may settle such claims by making demand
upon the surety to this Contract. In the event of the failure or refusal of the surety to
satisfy said claims, City may settle them directly and deduct the amount of payments
from the Contract price and any amounts due to Contractor. In the event City receives
a stop notice from any laborer or material supplier alleging non-payment by Contractor,
City shall be entitled to deduct all of its costs and expenses incurred relating thereto,
including but not limited to administrative and legal fees.
Section 3. Description of Project.
The Project is described as the Avenida Placida Habitat Restoration as
delineated in the Restoration Plans and Technical Specifications prepared by the
Chambers Group. Work to include: the restoration and enhancement of approximately
4.9 acres of Coastal Sage Scrub and Mule Fat Scrub habitat.
Section 4. Plans and Specifications.
The work to be done is shown in a set of detailed Plans and Specifications
entitled:
AVENIDA PLACIDA HABITAT RESTORATION
CITY OF SAN JUAN CAPISTRANO
AVENIDA PLACIDA HABITAT RESTORATION
AGREEMENT
B-2
Said Plans and Specifications and any revisions, amendments or addenda
thereto are attached hereto and incorporated herein as part of this Contract and referred
to by reference.
Section 5. Time of Commencement and Completion.
Contractor agrees to commence the Project within ten (10) calendar days from
the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute
the work to completion within one -hundred -twenty (120) calendar days from the date of
the "Notice to Proceed" issued by the City excluding delays caused or authorized by the
City as set forth in Sections 7, 8 and 9 hereof.
Section 6. Time is of the Essence.
Time is of the essence of this Contract. As required by the Contract Documents,
Contractor shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of Contractor's work
in conformance with an approved construction progress schedule. Contractor shall
coordinate the work covered by this Contract with that of all other Contractors,
subcontractors and of the City, in a manner that will facilitate the efficient completion of
the entire work in accordance with Section 5 herein. City shall have complete control of
the premises on which the work is to be performed and shall have the right to decide the
time or order in which the various portions of the work shall be installed or the priority of
the work of other subcontractors, and, in general, all matters representing the timely and
orderly conduct of the work of Contractor on the premises.
Section 7. Excusable Delays.
Contractor shall be excused for any delay in the prosecution or completion of the
Project caused by acts of God; inclement weather; damages caused by fire or other
casualty for which Contractor is not responsible; any act, neglect or default of City;
CITY OF SAN JUAN CAPISTRANO
AVENIDA PLACIDA HABITAT RESTORATION
AGREEMENT
B-3
failure of City to make timely payments to Contractor; late delivery of materials required
by this Contract to be furnished by City; combined action of the workers in no way
caused by or resulting from default or collusion on the part of Contractor; a lockout by
City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable
control.
City shall extend the time fixed in Section 5 for completion of the Project by the
number of days Contractor has thus been delayed, provided that Contractor presents a
written request to City for such time extension within fifteen (15) days of the
commencement of such delay and City finds that the delay is justified. City's decision
will be conclusive on the parties to this Contract. Failure to file such request within the
time allowed shall be deemed a waiver of the claim by Contractor.
No claims by Contractor for additional compensation or damages for delays will
be allowed unless Contractor satisfies City that such delays were unavoidable and not
the result of any action or inaction of Contractor and that Contractor took all available
measures to mitigate such damages. Extensions of time and extra compensation as a
result of incurring undisclosed utilities will be determined in accordance with Section C -
9(f) of the General Provisions. The City's decision will be conclusive on all parties to
this Contract.
Section 8. Extra Work.
The Contract price includes compensation for all work performed by Contractor,
unless Contractor obtains a written change order signed by a designated representative
of City specifying the exact nature of the extra work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof.
City shall extend the time fixed in Section 5 for completion of the Project by the
number of days reasonably required for Contractor to perform the extra work, as
determined by City's Engineer. The decision of the Engineer shall be final.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-0
Section 9. Changes in Project.
A. City may at any time, without notice to any surety, by written order
designated or indicated to be a change order, make any change in the work within the
general scope of the Contract, including but not limited to changes:
1) in the Specifications (including drawings and designs);
2) in the time, method or manner of performance of the work;
3) in the City -furnished facilities, equipment, materials, services or
site; or
4) directing acceleration in the performance of the work.
B. A change order shall also be any other written order (including direction,
instruction, interpretation or determination) from the City which causes any change,
provided Contractor gives the City written notice stating the date, circumstances and
source of the order and that Contractor regards the order as a change order.
C. Except as provided in this Section 9, no order, statement or conduct of the
City or its representatives shall be treated as a change under this Section 9 or entitle
Contractor to an equitable adjustment.
D. If any change under this Section 9 causes an increase or decrease in
Contractor's actual, direct cost or the time required to perform any part of the work
under this Contract, whether or not changed by any order, the City shall make an
equitable adjustment and modify the Contract in writing. Except for claims based on
defective specifications, no claim for any change under paragraph (B) above shall be
allowed for any costs incurred more than twenty (20) days before the Contractor gives
written notice as required in paragraph (B). In the case of defective specifications for
which the City is responsible, the equitable adjustment shall include any increased
direct cost Contractor reasonably incurred in attempting to comply with those defective
specifications.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-5
E. If Contractor intends to assert a claim for an equitable adjustment under
this Section 9, it must, within thirty (30) days after receipt of a written change order
under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a
written statement to the City setting forth the general nature and monetary extent of
such claim. The City may extend the thirty (30) day period. Contractor may include the
statement of claim in the notice under paragraph (B) of this Section 9.
F. No claim by Contractor for an equitable adjustment shall be allowed if
made after final payment under this Agreement.
G. Contractor hereby agrees to make any and all changes, furnish the
materials and perform the work that City may require without nullifying this Contract.
Contractor shall adhere strictly to the Plans and Specifications, unless a change
therefrom is authorized in writing by the City. Under no condition shall Contractor make
any changes to the Project, either in additions or deductions, without the written order of
the City and the City shall not pay for any extra charges made by Contractor that have
not been agreed upon in advance in writing by the City. Contractor shall submit
immediately to the City written copies of its firm's cost or credit proposal for change in
the work. Disputed work shall be performed as ordered in writing by the City and the
proper cost or credit breakdowns therefore shall be submitted without delay by
Contractor to City.
H. If in the opinion of the City's Engineer, it is in the City's best interest and it
is deemed necessary to proceed with a required change in the Contract Documents,
and time precludes submittal of the Contractor's proposal or, thorough analysis of the
Contractor's proposal, or the parties fail to reach an agreement, the City may order the
Contractor to proceed (Proceed Order) on the basis of a tentative, not to exceed price
based on the best estimate available at the time, with the firm price and time impact to
be determined later. If a Proceed Order is issued, the Contractor shall submit his
proposal for the changes in the work within 7 calendar days of the Proceed Order, and a
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-6
Change Order shall be negotiated and fully executed within 30 calendar days of the
Proceed Order.
Section 10. Liquidated Damages for Delay.
The parties agree that if the total work called for under this Contract, in all parts
and requirements, is not completed within the time specified in Section 5 plus the
allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City
will sustain damage, which would be extremely difficult and impracticable to ascertain.
The parties therefore agree that Contractor will pay to City the sum of Five Hundred
Dollars ($500) per day, as liquidated damages, and not as a penalty, for each and every
calendar day during which completion of the Project is so delayed.
Contractor agrees to pay such liquidated damages and further agrees that City
may offset the amount of liquidated damages from any monies due or that may become
due Contractor under this Contract.
Section 11. Contract Price and Method of Payment.
City agrees to pay and Contractor agrees to accept as full consideration for the
faithful performance of this Contract, subject to any subsequent additions or deductions
as provided in approved change orders, the lump sum of One Hundred Eighty Two
Thousand Five Hundred Thirty Seven dollars and no cents ($182,537.00) as shown on
Exhibit 'A" the Contractors Bid.
Within thirty (30) days from the commencement of work, there shall be paid to
the Contractor a sum equal to ninety percent (90%) of the value of the actual work
completed plus a like percentage of the value of material suitably stored at the worksite,
treatment plant or approved storage yards subject to or under the control of the City,
since the commencement of the work as determined by the City. Thereafter, on a
schedule issued by the City at the commencement of the job which shows a minimum of
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-7
one payment made to the Contractor per month for each successive month as the work
progresses and the request for payment due dates from the Contractor to meet the
payment schedule, the Contractor shall be paid such sum as will bring the total
payments received since the commencement of the work up to ninety percent (90%) of
the value of the work completed since the commencement of work as determined by the
City, less all previous payments, provided that the Contractor submits the request for
payment prior to the end of the day required to meet the payment schedule. The City
will retain ten percent (10%) of each approved progress payment until the Work is fifty
percent (50%) complete. Then, the City may at its option suspend further retainage
until the final progress payment. The City reserves the right to reinstate up to ten
percent (10%) retainage of the total of the Work if the City determines, at its discretion,
that the Contractor is not performing the Work satisfactorily, or there is other specific
cause for such retainage.
Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City's Engineer, stating that the work for
which payment is demanded has been performed in accordance with the terms of the
Contract, and that the amount stated in the certificate is due under the terms of the
Contract. Partial payments on the Contract price shall not be considered as an
acceptance of any part of the work.
Section 12. Substitution of Securities in Lieu of Retention of Funds.
Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be
entitled to post approved securities with the City or an approved financial institution in
order to have the City release funds retained by the City to insure performance of the
Contract. Contractor shall be required to execute an addendum to this Contract
together with escrow instructions and any other documents in order to effect this
substitution.
Section 13. Completion.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-8
Within ten (10) days after the contract completion date of the Project, Contractor
shall file with the City's Engineer its affidavit stating that all workers and persons
employed, all firms supplying materials, and all subcontractors upon the Project have
been paid in full, and that there are no claims outstanding against the Project for either
labor or material, except those certain items, if any, to be set forth in an affidavit
covering disputed claims, or items in connection with Stop Notices which have been
filed under the provisions of the statutes of the State of California. City may require
affidavits or certificates of payment and/or releases from any subcontractor, laborer or
material supplier.
Section 14. Contractor's Employees' Compensation.
A. Davis -Bacon Act:
Contractor will pay and will require all subcontractors to pay all employees on
said Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis -Bacon Act for each
craft or type of worker needed to perform the Contract.
The provisions of the Davis -Bacon Act shall apply only if the Contract is in
excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or
more of the Contract is funded by federal assistance. If the aforesaid conditions are
met, a copy of the provisions of the Davis -Bacon Act to be complied with are
incorporated herein as a part of this Contract and referred to by reference.
B. General Prevailing Rate:
City has ascertained from the State of California Director of Industrial Relations
the general prevailing rate of per diem wages and the general prevailing rate for legal
holiday and overtime work in the locality in which the work is to be performed for each
craft or type of work needed to execute this Contract, and copies of the same are on file
in the Office of the Engineer of City. The Contractor agrees that not less than said
prevailing rates shall be paid to workers employed on this public works contract as
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-9
required by Labor Code Section 1774 of the State of California.
C. Forfeiture For Violation:
Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each
calendar day or portion thereof for each worker paid (either by the Contractor or any
subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the work provided for in this Contract, all in accordance with Section
1775 of the Labor Code of the State of California.
D. Travel and Subsistence Pay:
Section 1773.8 of the Labor Code of the State of California, regarding the
payment of travel and subsistence payments, is applicable to this Contract and
Contractor shall comply therewith.
E. Apprentices:
Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California,
regarding the employment of apprentices, is applicable to this Contract and the
Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars
($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty
Contractors not bidding for work through the general or prime Contractor are Two
Thousand Dollars ($2,000.00) or more or five (5) working days or more.
F. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute
a day's work, and Contractor shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B)
above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.)
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-10
of the Labor Code of the State of California and shall forfeit to the City as a penalty, the
sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this
Contract by Contractor or any subcontractor for each calendar day during which any
worker is required or permitted to labor more than eight (8) hours in any one calendar
day and forty (40) hours in any one week in violation of said Article. Contractor shall
keep an accurate record showing the name and actual hours worked each calendar day
and each calendar week by each worker employed by Contractor in connection with the
Project.
G. Record of Wages; Inspection:
Contractor agrees to maintain accurate payroll records showing the name,
address, social security number, work classification, straight -time and overtime hours
worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker or other employee employed by it in connection with the Project and
agrees to require that each of its subcontractors does the same. All payroll records
shall be certified as accurate by the applicable Contractor or subcontractor or its agent
having authority over such matters. Contractor further agrees that its payroll records
and those of its subcontractors shall be available to the employee or employee's
representative, the Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards and shall comply with all of the provisions of Labor Code
Section 1776, in general.
Section 15. Surety Bonds.
Contractor shall, before entering upon the performance of this Contract, furnish
bonds approved by the City Counsel -- one in the amount of one hundred percent
(100%) of the Contract price bid, to guarantee the faithful performance of the work, and
the other in the amount of one hundred percent (100%) of the Contract price bid to
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-11
guarantee payment of all claims for labor and materials furnished. This Contract shall
not become effective until such bonds are supplied to and approved by the City.
Section 16. Insurance.
A. Contractor is also aware of the provisions of Section 3700 of the Labor
Code, which requires every employer to be insured against liability for Workers'
Compensation or undertake self-insurance in accordance with the provisions of that
Code and will comply with such provisions before commencing the performance of the
work of this Contract.
B. Contractor and all subcontractors will carry workers' compensation
insurance for the protection of its employees during the progress of the work. The
insurer shall waive its rights of subrogation against City, its officers, agents and
employees and shall issue a certificate to the policy evidencing same.
C. Contractor shall at all times carry, on all operations hereunder, bodily
injury, including death, and property damage liability insurance, including automotive
operations, bodily injury and property damage coverage. All insurance coverage shall
be in amounts specified by City in the Insurance Requirements and shall be evidenced
by the issuance of a certificate in a form prescribed by the City and shall be
underwritten by insurance companies satisfactory to City for all operations, subcontract
work, contractual obligations, product or completed operations, all owned vehicles and
non -owned vehicles. Said insurance coverage obtained by the Contractor, excepting
workers' compensation coverage, shall name the City, its Directors, Officers, Agents,
Employees, Engineers, and Consultants for this contract, and all public agencies from
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-12
whom permits will be obtained and their Directors, Officers, Agents and Employees, as
determined by the City, as additional insureds on said policies.
D. Before Contractor performs any work at, or prepares or delivers materials
to, the site of construction, Contractor shall furnish certificates of insurance evidencing
the foregoing insurance coverages and such certificates shall provide the name and
policy number of each carrier and policy and that the insurance is in force and will not
be canceled without thirty (30) days' written notice to City.
Contractor shall maintain all of the foregoing insurance coverages in force until
the work under this Contract is fully completed. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of City by
Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of Contractor with respect to the foregoing, Contractor shall subscribe for
and maintain in full force and effect during the life of this Contract, the following
insurance in amounts not less than the amounts specified and issued by a company
admitted in California and having a Best's Guide Rating of A -Class VII or better:
Worker's Compensation In accordance with the Workers'
Compensation Act of the State of
California -- Minimum of
$1,000,000
Public Liability, in the form of
either Comprehensive General $1,000,000, per occurrence, or
Liability or Commercial General alternatively,
Liability written on a per -occurrence $5,000,000 aggregate, separate
basis for this project.
Automobile liability, including $1,000,000 per occurrence
non -owned and hired vehicles
City or its representatives shall at all times have the right to inspect and receive
the original or a certified copy of all said policies of insurance, including certificates.
Contractor shall pay the premiums on the insurance hereinabove required.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-13
Section 17. Risk and Indemnification.
All work covered by this Contract done at the site of construction or in preparing
or delivering materials to the site shall be at the risk of Contractor alone. Contractor
agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees,
Engineers, and Consultants for this Contract, and all public agencies from whom
permits will be obtained and their Directors, Officers, Agents and Employees harmless
against any and all liability, claims, judgments, costs and demands, including demands
arising from injuries or death of persons (Contractors' employees included) and damage
to property, arising directly or indirectly out of the obligations herein undertaken or out of
the operations conducted by Contractor, save and except claims or litigation arising
through the sole negligence or sole willful misconduct of City, and will make good to and
reimburse City for any expenditures, including reasonable attorneys' fees City may incur
by reason of such matters, and if requested by City, will defend any such suits at the
sole cost and expense of Contractor.
Section 18. Stop Notice Administration.
City reserves the right to charge Contractor for City's actual administrative time
(including attorney's time) to administer and process stop notices filed by Contractor's
subcontractors, materialmen, or any other claimant or lienholder.
Section 19. Termination.
A. This Contract may be terminated in whole or in part in writing by either
party in the event of substantial failure by the other party to fulfill its obligations under
this Contract through no fault of the terminating party, provided that no termination may
be effected unless the other party is given: (1) not less than ten (10) calendar days'
written notice (delivered by certified mail, return receipt requested) of intent to terminate,
and (2) an opportunity for consultation with the terminating party prior to termination.
B. This Contract may be terminated in whole or in part in writing by the City
for its convenience, provided that the Contractor is given (1) not less than ten (10)
calendar days' written notice (delivered by certified mail, return receipt requested) of
intent to terminate, and (2) an opportunity for consultation with the terminating party
prior to termination.
CITY OF SAN JUAN CAPISTRANO
AVENIDA PLACIDA HABITAT RESTORATION
AGREEMENT
B-14
C. If termination for default or convenience is effected by the City, an
equitable adjustment in the price provided for in this Contract shall be made, but (1) no
amount shall be allowed for anticipated profit on unperformed services or other work,
and (2) any payment due to the Contractor at the time of termination may be adjusted to
cover any additional costs to the City because of the Contractor's default. If termination
for default is effected by the Contractor, the equitable adjustment shall include a
reasonable profit for services or other work performed, but no adjustment will be
allowed for anticipated profits. The equitable adjustment for any termination shall
provide for payment to the Contractor for services rendered and expenses incurred prior
to the termination, in addition to termination settlement costs reasonably incurred by the
Contractor relating to commitments which had become firm prior to the termination.
D. Upon receipt of a termination action under paragraphs (A) or (B) above,
the Contractor shall (1) promptly discontinue all affected work (unless the notice directs
otherwise), and (2) deliver or otherwise make available to the City all data, drawings,
specifications, reports, estimates, summaries and such other information and materials
as may have been accumulated by the Contractor in performing this Contract whether
completed or in process.
E. Upon termination under paragraphs (A) or (B) above, the City may take
over the work and may award another party an agreement to complete the work under
this Contract.
Contractor agrees to perform all work under this Contract in accordance with the City's
designs, drawings and specifications. The Contractor guarantees for a period of at least
one (1) year from the date of substantial completion of the work that the completed work
is free from all defects due to faulty materials, equipment or workmanship and that he
shall promptly make whatever adjustments or corrections which may be necessary to
cure any defects, including repairs of any damage to other parts of the system resulting
from such defects. The City shall promptly give notice to the Contractor of observed
defects. In the event that the Contractor fails to make adjustments, repairs, corrections
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-15
or other work made necessary by such defects, the City may do so and charge the
Contractor the cost incurred. The performance bond shall remain in full force and effect
through the guarantee period.
The Contractor's obligations under this clause are in addition to the Contractor's
other express or implied assurances under this Contract or state law and in no way
diminish any other rights that the City may have against the Contractor for faulty
materials, equipment or work.
Section 20. Assignment.
No assignment by the Contractor of this Contract or any part hereof, or of funds
to be received hereunder, will be recognized by the City unless such assignment has
had prior written approval and consent of the City and the surety.
Section 21. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which it may be entitled.
If any action is brought against the Contractor or any subcontractor to enforce a Stop
Notice or Notice to Withhold, which names the City as a party to said action, the City
shall be entitled to reasonable attorneys' fees, costs and necessary disbursements
arising out of the defense of such action by the City. The City shall be entitled to deduct
its costs for any Stop Notice filed, whether court action is involved or not.
Section 22. Resolution of Disputes.
The City and the Contractor shall comply with the revisions of California Public
Contracts Code Section 20104, et seg., regarding resolution of construction claims for
any claims which arise between the Contractor and the City.
CITY OF SAN JUAN CAPISTRANO
AVENIDA PLACIDA HABITAT RESTORATION
AGREEMENT
B-16
16
Section 23. Notices.
Any notice required or permitted under this Contract may be given by ordinary
mail at the address set forth below. Any party whose address changes shall notify the
other party in writing.
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Public Works
To Contractor: Lisa La Mond
Natures Image, Inc.
20472 Crescent Bay Dr., Ste 102
Lake Forest, CA 92630
CITY OF SAN JUAN CAPISTRANO
AVENIDA PLACIDA HABITAT RESTORATION
AGREEMENT
B-17
IN WITNESS WHEREOF, the parties hereto have executed this Construction
Contract as of the date first hereinabove written.
I=
L
CITY OF SAN JUAN CAPISTRANO
By: ::Fy
Dave Adams, City'Manager
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-18
L natures image
October 15, 2007
Mr. Eric Bauman
Natures Image, Inc. City of San Juan Capistrano
20472 crescent Bay Dr. 32400 Paseo Adelanto
Suite 102 San Juan Capistrano. CA 92675
Lake Forest, CA. 92630
P 949 454 1225
F 949 454 1215 Dear Mr. Bauman:
w .naturesima9e.net
Enclosed please find duplicate original Performance and Payment
CL720513 Bonds for the above referenced project.
Should you need anything further please do not hesitate to contact me.
Sincerely,
Administrative Coordinator
Natures Image, Inc.
Enclosure
PUBLIC WORKS DEPARTMENT
OCT 16 2007
CITY OF
SAN JUAN CAPISTRANO
µovrt'�\
EXECUTED IN DUPLICATE
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
NATURES IMAGE, INC.
P'RfMIUM IS FOR CONTRACT TERM
AND IS SUBJECT TO ADJUSTMENT
BASED ON FINAL CONTRACT PRICE
BOND #6473465
PREMIUM: $3,738
as Contractor,
And FIRST NATIONAL INSURANCE COMPANY OF AMERICA as Surety,
are held firmly bound unto the City of San Juan Capistrano, a legal entity, organized and
existing in the County of Orange, California, hereinafter called the "Owner," in the sum of:
ONE HUNDRED EIGHTY TWO THOUSAND FIVE HUNDRED THIRTY SEVEN AND NO CENTS
($182,537.00)------------------------------------------------------------------------------- dollars,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents.
WHEREAS said Contractor has been awarded and is about to enter into the annexed
Agreement with said Owner to perform the Work as specified or indicated in the Contract
Documents entitled:
AVENIDA PLACIDA HABITAT RESTORATION
NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract
Documents required to be performed on its part, at the times and in the manner specified
herein, then this obligation shall be null and void, otherwise it shall remain in full force and
effect.
PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or
changes in the time of completion, which may be made pursuant to the terms of said
Contract Documents, shall not in anyway release said Contractor or said Surety thereunder,
nor shall any extensions of time granted under the provisions of said Contract Documents,
release either said Contractor or said Surety, and notice of such alterations or extensions of
the Agreement is hereby waived by said Surety.
SIGNED AND SEALED, this 11th day of OCTOBER , 20-L7—
Contr4lpr NATUR S IMAGE, INC. Surety FIRST NATIONAL INSURANCE COMPANY OF AMERICA
By By
DWIGHT REILLY
Title rtS. Title ATTORNEY-IN-FACT
(SEAL AND NOTARIAL
ACKNOWLEDGMENT
OF SURETY)
FORM "10 PERFORMANCE BOND
.�alunww.wve
�AGREEMENT AND BONDS - PAGE 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 11
ORANGE y ss.
County of J
On October 11th, 2007 , before me, ALLISON RITTO, NOTARY PUBLIC
Date Name aM Ttb of OXiur a g., "Jam Dm, Notary u
personally appeared DWIGHT REILLY
Name(,) a Signer(s)
ALLISON BIRO
Commission # 7537464
® Notary Public - California
' Orange County
My Comm. Fxptres Dec 23, 2008
2] personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(e) whose name(e) iskrre
subscribed to the within instrument and
acknowledged tome that helsgeFipsy executed
the same in hisfherM-ek authorized
capacityOesj, and that by hisA""01-peir
signature*on the instrument the person(e), or
the entity upon behalf of which the persoroW
acted, executed the instrument.
WITNESS m�official
Pla NMary SeelA ve Slpmlure of NWery Pudk
ALLISON RITTO
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document Performance Bond
Title or Type of Document:
Document Date: October 11th, 2007
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner — ❑ Limited ❑ General
?§ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
NONE
DWIGHT REILLY
Number of Pages:
Signer Is Representing: FIRST NATIONAL INSURANCE COMPANY OF AMERICA
ru S A F E G a POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY PO BOX 34526
FIRST NATIONAL SURETY SEATTLE, WA 98124-1526
PO BOX 34526
SEA'ITi.i+, WA 98124-1526
No. 9551
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
unn..w......u.....................n....".fl. J. DUECK: DWIGHT REILLY; Anaheim, Califomia................u.. w....•uu.................
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the mmpany fidelity and surety bonds or undertakings and other documents of a
similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as
if such instrumems had been duly executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested mese presents
cols
day of January 1 2005
C41 4 �_ P a7)fv% 6&_'
CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assisent Vim President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as attomeysJn-fact or under otter appropriate titles with
authority to execute on behalf of the company fdelity and surety bonds and other documents of similar character issued by the company in the course of Its
business... On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or
on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or In any other manner reproduced; provided, however,
that the seal shat not be necessary to the validity of any such instrument or undelisking "
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL, INSURANCE COMPANY OF AMERICA adopted July 28, 1870.
"On any certifimts executed by the Secretary or an assistam secretary of the Company setting out,
(1) The provisions of Article V, Section 13 of the By -Laws, and
(Ii) A copy of the power-of-attomey, appointment, executed pursuant thereto, and
(111) Certifying that said power-of-attomey appointment Is In full form and effect,
the signature of the certifying officer may be by f rcalmile, and the seal of the Company may be a facsimile thereat'
I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the By -Laws, the
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
` pttkNtf
SEAL
;928
&IU91FNEF 7195
this 11th
day of October 2007
CHRISTINE MEAD, SECRETARY
OA registered trademark of SAFECO Corporation
0111112m5 PDF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Orange T ss.
County of g J
On 10/15/07 beforeme, Lori Robinson, Notary Public
Date Name and Title of OBioer (a ,'Jane one. Notary Puhlis')
personally appeared Michelle Caruana
Name(a) of Signer(s)
N�
0,D-10""
✓ LORI ROBINSON
,. COMM. 0,5"
A
w o NCIARy Pile:JGCALIFORNIA N
ORANfdr t:OUNTY N
��in-r" My Cc 'mrne
D"NE 17, 1U09
LX personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the y upo alf of which the person(s)
ted, executed the f trument.
W NES an)an�off icial seal.
Signature Di Notary Pohllc
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Performanr•a Rona
Document Date: in/1 1/07 Number of Pages: 1
Signer(s) Other Than Named Above: None
Capacity(ies) Claimed by Signer
Signer's Name: Michelle Caruana
iD Individual Top of thumb here
X Corporate Officer — Title(s): PraGi dant
C Partner — ❑ Limited ❑ General
G Attorney -in -Fact
G Trustee
I - Guardian or Conservator
❑ Other:
Signer Is Representing: Natures Image. Inc-
[1999
nc.
[.1999 National Notary Association • 9350 De Soto Aoe.. P.O. Box 2402 - Chatsworth, CA 91313-2402 • www naeonenotary org Prod No 5907 Reorder'. Cell Toll -Free 160D 676-6927
EXECUTED IN DUPLICATE
PAYMENT BOND
BOND #6473465
PREMIUM INCLUDED ON
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That NATURES IMAGE, INC. AS CONTRACTOR AND FIRST NATIONAL INSURANCE COMPANY OF AMERICA as Surety,
are held firmly bound unto the City of San Juan Capistrano, a II
of Orange, State of California, hereinafter called the "Owner,
entity, organized and existing in the County
the sum of:ONE HUNDRED EIGHTY
TWO THOUSAND FIVE HUNDRED THIRTY SEVEN AND NO CENTS ($182,537.00)---------- dollars,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said
Owner to perform the Work as specified or indicated in the Contract Documents entitled:
AVENIDA PLACIDA HABITAT RESTORATION
NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors,
or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in,
upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of
any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be
deducted, withheld, and paid overto the Employment Development Department from the wages of employees
of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive,
of the Civil Code of the State of California and. acts amendatory thereof, and Sections of other Codes of the
State of California referred to therein and acts amendatory thereof, and provided that the persons, companies,
or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power
used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person,
company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work
to be done, or any person who performs work or labor upon the same, or any person who supplies both work
and materials therefor, shall have complied with the proyisions of said laws, then said suretywill pay the same
In an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this
bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any
and all persons named in Section 31 B1 of the Civil Code of the State of California so as to give a right of
action to them or their assigns in any suit brought upon this bond.
PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the
time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any
way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the
provisions of said Contract Documents release either said Contractor or said Surety, and notice of said
alterations or extensions of the Agreement is hereby waived by said Surety.
SIGNED AND SEALED, this 11th day of OCTOBER 20 07
Contract I NATURES IMAGE, INC. (SEAL AND NOTARIAL ACKNOWLEDGMENT
OF SURETY)
By
Title I TtC l l�fy
Surety FIRST NATIONAL INSURANCE COMPANY OF AMERICA
By
DWIGHT REILLY
Title ATTORNEY-IN-FACT
FORM U4W PAYMENT BOND
x17Nw 001 AGREEMENT AND BONDS - PAGE 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
ORANGE
I ss.
On October 11th, 2007 , before me, ALLISON RITTO, NOTARY PUBLIC
Data Name and Tine of baicer (e.g.,ane , eNotary ublet
personally appeared DWIGHT REILLY
Name(a) a Signer(s)
ALLISON RITTO
_Commission # 1537464 Z
Notary Public - California5
Orange County
-eQtvty Comm. Expires Dec 23, 2008
IN personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the persort(•ei whose nam isfam
subscribed to the within instrument and
acknowledged to me that heAshe/ANey executed
the same in his#vftffheir authorized
capacity{ise), and that by hisMer/lheir
signature* on the instrument the person(s), or
the entity upon behalf of which the persoril
acted, executed the instrument.
WITNESS my nd Icial seal.
Place Notary Seel Above �— Signature of Notary Publk
ALLISON RITTO
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Payment Bond
Document Date:
October 11th, 2007
Signer(s) Other Than Named Above•.
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual
0
❑
Corporate Officer — Title(s): _
Partner —❑ Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
NONE
DWIGHT REILLY
Number of Pages:
Signer Is Representing: FIRST NATIONAL INSURANCE COMPANY OF AMERICA
HIGHT THUMBPRINT
OF M;NLH
SAFECa POWER
OF ATTORNEY
FIRST NATIONAL SURETY
PO BOX 34526
SEAT"fl.i:, WA 98124-1526
KNOW ALL BY THESE PRESENTS
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
PO BOX 3/526
SEATTLE, WA 981241528
No. 9551
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
•••••...••.•.......•.••.•....•...•.....•.••.'•^•11. J. DUECK; DWIGHT REILLY; Anaheim, Celifomiau•••.•.u.•.••.......
Its true and lawful attonney(s)-In-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a
similar character issued by the company In the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as
if such instruments had been duly executetl by its regularly elected officers at its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested mese presents
this Ilrh day of January 2005
CHRISTINE MEAD, SECRETARY MIKE MCOAVICK, PRESIDENT
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA
"Anile V, Section 13. - FIDELITY AND SURETY BONDS .-. the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or
on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided. however,
that the seat shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONALINSURANCE COMPANY OF AMERICA adopted July 28. 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(I) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A Copy of the power-of-attorney appointment, executed pursuant thereto, and
(III) Certifying that said powerof-attorney appointment Is in full force and effect,
the signature o1 the carrying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
1, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a
Resolution of the Board of Director& of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the
Resolution and the Power of Attorney are still In full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
+SpFaMeGfCe'�.
sy
SEAL
y 1926
&10,191FNEF Troll
this 11th day of October 2007
CHRISTINE MEAD, SECRETARY
0 A regiebrW aaderriark of SAFECO Corporation
01/11/2005 PDF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
a ss.
County of Orange
On_ 10/15/07 beforeme, Lori Robinson, Notary Public
Date Name and Title M Officer (e if ,'Jane Due, Notary Public')
personally appeared Mi chef I P r'wrT3ang ,
Namels) of 9igmi
K personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the behalf of which the persons)
ted, executedIbe instrument.
10Fr„F LORI ROBIN (WJ NESS my hon and official seal.
N �J COMM. * 1580372
d NOT?Rv?r ISLIC-CAUFORNIA
OFRAN(COUNTY N Signature olary Publro
�Cgipq;N• My CoPen. Expires JUNE 17, 2009
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Payment Bond
Document Date: 10/11/07
Signer(s) Other Than Named Above: None
Capacity(ies) Claimed by Signer
Signer's Name: Michelle Caruana
❑ Individual
X Corporate Officer—Title(s): President
C Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
C Other:
Signer Is Representing: Natures Image, Inc,
Number of Pages: 1
01999 National Notary Assocauon •9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313-2402 • www natm alnotary.org Prod No 5907 Reortler'. Call Toll Free 1 ear e76-6827
EXECUTED IN DUPLICATE
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That
NATURES IMAGE, INC.
PREMIUM IS FOR CONTRACT TERM
AND IS SUBJECT TO ADJUSTMENT
BASED ON FINAL CONTRACT PRICE
BOND #6473465
PREMIUM: $3,738
as Contractor,
And FIRST NATIONAL INSURANCE COMPANY OF AMERICA as Surety,
are held firmly bound unto the City of San Juan Capistrano, a legal entity, organized and
existing in the County of Orange, California, hereinafter called the "Owner," in the sum of:
ONE HUNDRED EIGHTY TWO THOUSAND FIVE HUNDRED THIRTY SEVEN AND NO CENTS
($182,537.00) ----------- — ---- –---- ---------- ------ -- — – — – dollars,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents.
WHEREAS said Contractor has been awarded and is about to enter into the annexed
Agreement with said Owner to perform the Work as specified or indicated in the Contract
Documents entitled:
AVENIDA PLACIDA HABITAT RESTORATION
NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract
Documents required to be performed'on its part, at the times and in the manner specified
herein, then this obligation shall be null and vold, otherwise it shall remain in full force and
effect.
PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or
changes in the time of completion, which may be made pursuant to the terms of said
Contract Documents, shall not in any way release said Contractor or said Surety thereunder,
norahali any extensions of time j ranted under the provisions of said Contract Documents,
release either said Contractor or said Surety, and notice of such alterations or extensions of
the Agreement is hereby waived by said Surety.
SIGNED AND SEALED, this 11th day of
CoOt, NATURES IMAGE, INC.
By
Title
FORM D610
X16U-0/0bXW.*Vd
N 2001
OCTOBER ,2007
Surety FIRST WATIONAL INSURANCE COMPANY OF AMERICA
By 1--�—
D IGHT REILLY
Title ATTORNEY-IN-FACT
(SEAL AND NOTARIAL
ACKNOWLEDGMENT
OF SURETY)
PERFORMANCEBOND
AGREEMENT AND BONDS - PAGE 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of ORANGE
On October 11th, 2007 , before me, ALLISON RITTO, NOTARY PUBLIC
Owe Name and T d Oacx e.g.,' of ry u
gpr-
personally appeared DWIGHT REILLY
Name(s) of siver(s)
ALLISON RITTO
_Commission # 1537464
Notary Public - Californiaorange Coun
-wly
OMy Comm. Expires Dec 23, 2008
29 personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(e) istam
subscribed to the within instrument and
acknowledged to me that heAaheA49y executed
the same in hisA"m4heir authorized
capacity(ies'), and that by hisfhen4heir
signature*on the instrument the person(e), or
the entity upon behalf of which the person(e)
acted, executed the instrument.
WITNESS =aandcial s�eJ�a1l��/���JJ�
Place Ndary Sal Aewe d SlgmW d NMq PAW - —
ALLISON RITTO
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: Performance Bond
Document Date: October 11th, 2007 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
Individual
Corporate Officer — Title(s): _
Partner— Q Limited O General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
NONE
DWIGHT REILLY
Signer is Representing: FIRST NATIONAL INSURANCE COMPANY OF AMERICA
NIGHT THHfd HPRINT
OP SIGNER
Ju SAFECa POWER
FIRST NATIONAL SURETY OF ATTORNEY
PO BOX 34526
SEA rri.E. WA 96124-1526
KNOW ALL BY THESE PRESENTS:
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
PO Box 34526
SEATTLE, WA 961241526
No. 9551
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
urrrrrurnrrrurrrr rr a♦•rurrr• urrrrr rrwrrgl. J. DUECK: DWIGHT REILLY: Anaheim, California .... *..rnrrrrrrrrrrrrrrrrrrrrrrrwmrrorr,rrr
Its true and lawful attomey(s)-m-fact, with NY authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a
similar character issued by the company In bre course of as business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMER1CAthereby as lully as
if such instruments had been duly executed by its regularly slacted officers at its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested Mese presents
this
day of
CHRISTINE MEAD, SECRETARY MIKE MCt3AVICK, PRESIDENT
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA
2005
"Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer In charge of surety operations, shall each have authority to appoint individuals as attomeysan-fad or under other appropriate titles with
authority to execute on behalf of the company fk elity and surety bonds and other documents of similar character issued by the company in the course of Its
business... On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or
on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressW or affixed or In any other marmer reproduced; provided, however,
that the seal she% not be necessary to the validhy of any such instrument or undertaking."
Extract from.8 Resolution of the Board of Directors of
FIRST HATIONAWNSURANCE COMPANY OF AMERICA adopted July 2S, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(1) The provisions of Article V, Section 13 of the By -Laws, and
(fi) A copy of the power-of-attomay appointment executed pursuant thereto, and
(Ig) Certifying that said power- Lattomey appointment is in fur force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.'
I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing exbacls of the By -Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the By -Laws, the
Resolution and the Power of Attomey are still In full forcb and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
`+S�RMiceC-
M
SEAL
1928 ted' F
S-1019/FNEF 7/96
this 11th day of October 2007
CHRISTINE MEAD, SECRETARY
OA registered trademark of SAFECO Cogmnaon
01/11/2005 PDF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
a ss.
Oran
County of 4
On 10/15/07 beforeme, Lori Robinson. Notary Public ,
Data Name and Tithe a Officer (s.g_ `Jane Dae, Notary Publlc9
personally appeared Michelle Caruana
Names) d Sgnat(s)
N personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signal on the instrument the person(s), or
t entity upo behalf of which the person(s)
cted, executed a instrument.
my han4and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this fano to another document.
Description of Attached Document
Title or Type of Document: Pa_rfnrmAnr•a Rnnc1,
Document Date: 1 0 / 1 1107 Number of Pages: 1
Signer(s) Other Than Named Above: None
Capacity(ies) Claimed by Signer
Signer's Name: Michelle Caruan
❑ Individual Tap of thumb here
X Corporate Officer — Title(s): Praai r3anf-
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Natures Image Inc
®1999 NatWal Notary Association - 9350 De Sao Ave., PO. Box 2402 • Chaps om,, CA 91313-2402 - w h.t,onalnotaryor9 Prod. No. 5907 Reorder Cell Tdl-Free 1-90&snl s 27
rAfe LORI ROBINSON
la�`0F
N :'J COMM, # 1580372
0 -
o pJTAF1 PL'PUC-CALIFORNIA
N
CRA COUNTY
c tPrs11 Ny Cu., ,,," JUNE 17, 2009
IV
r
N personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signal on the instrument the person(s), or
t entity upo behalf of which the person(s)
cted, executed a instrument.
my han4and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this fano to another document.
Description of Attached Document
Title or Type of Document: Pa_rfnrmAnr•a Rnnc1,
Document Date: 1 0 / 1 1107 Number of Pages: 1
Signer(s) Other Than Named Above: None
Capacity(ies) Claimed by Signer
Signer's Name: Michelle Caruan
❑ Individual Tap of thumb here
X Corporate Officer — Title(s): Praai r3anf-
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Natures Image Inc
®1999 NatWal Notary Association - 9350 De Sao Ave., PO. Box 2402 • Chaps om,, CA 91313-2402 - w h.t,onalnotaryor9 Prod. No. 5907 Reorder Cell Tdl-Free 1-90&snl s 27
EXECUTED IN DUPLICATE
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS,
BOND #6473465
PREMIUM INCLUDED ON
PERFORMANCEBOND
That NATURES IMAGE, INC. AS CONTRACTOR AND FIRST NATIONAL INSURANCE COMPANY OF AMERICA as Surety,
are held firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing in the County
of Orange, State of California, hereinafter called the "Owner;' in the sum of: ONE HUNDRED EIGHTY
TWO THOUSAND FIVE HUNDRED THIRTY SEVEN AND NO CENTS ($182,537.00) dollars,
or the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
Idministrators, successors, and assigns, jointly and severalty, firmly by these presents.
WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said
Owner to perform the Work as specified or indicated in the Contract Documents entitled:
AVENIDA PLACIDA HABITAT RESTORATION
NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors,
or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in,
upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of
any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be
deducted, withheld, and paid overto the Employment Development Departmentfrom thewages of employees
of the Contractor and its subcontractors pursuant to Section 13020 of the unemployment lrisurance Codewith
respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive,
of the Civil Code of the State of California andacts amendatory thereof, and Sections of other Codes of the
State of California referred to therein and acts amendatorythereof, and provided that the persons, companies,
or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power
used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person,
company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work
to be done, or any person who performs work or labor upon the same, or any person who supplies both work
and materials therefor, shall have complied with the provisions of said laws, thensaid surety will pay the same
in an amount not exceeding the sum hereinbefore set forth, and also will pay, In case suit is brought upon this
bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any
and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of
action to them or their assigns in any suit brought upon this bond.
PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the
time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any
way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the
provisions of said Contract Documents release either said Contractor or said Surety, and notice of said
alterations or extensions of the Agreement is hereby waived by said Surety.
SIGNED AND SEALED, this 11th day of OCTOBER 20_2L_.
Co c NATURES IMAGE, INC. (SEAL AND NOTARIAL ACKNOWLEDGMENT
By OF SURETY)
Title
Surofi, FIRST NATIONAL INSURANCE COMPANY OF AMERICA
By
DWI TREILLY
Title ATTORNEY-IN-FACT
FORM u4w PAYMENT BOND
NW 20>a'wp6 AGREEMENT AND BONDS - PAGE 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of ORANGE
On October 11th, 2007 , before me, ALLISON RITTO, NOTARY PUBLIC
Dds Name m Tito d Offim (e.o. • Doe, Nolen u
personally appeared DWIGHT REILLY
Neme(s) d Siybr(s)
ALLISON RITTO
Commission # 1537464
` u Notary Public - California _
�` .. Orange County
My Comm. Expires Dec 23,20M
N personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the persorrW whose name(e) isMm
subscribed to the within instrument and
acknowledged to me that helekeAhey executed
the same in hisfheNM+ek authorized
capacity(lesj, and that by hisfhe*heir
signature*on the instrument the person(e), or
the entity upon behalf of which the person(e)
acted, executed the instrument.
WITNESS my and and official seal.
P1.Ndary Seel Above 6 Ndary
ALLISON RITTO
OPTIONAL
777ough the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this ton" to another document.
Description of Attached Document
Title or Type of Document: Payment Bond
Document Date:
October 11th, 2007
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
8 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
RESIN�
DWIGHT REILLY
Number of Pages:
Signer Is Representing: FIRST NATIONAL INSURANCE COMPANY OF AMERICA
RIGHT THUMBPRINT
OF SIGNER
11
lSAFECa POWER
FIRST NATIONAL SURETY OF ATTORNEY
PO BOX 34526
SEA] -fl J:, WA 98124-1526
KNOW ALL BY THESE PRESENTS:
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
PO BOX 34528
SEATTLE. WA 95124-1528
No. 9551
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA a Washington corporation, does hereby appoint
ru................................ ....u........l1. J. DUECK: DWIGHT REILLY; Anaheim, California$•••••• r......n...................u........u•
Its we and lawful ahomey(s)-"cl, with full authority to execute on behaH of the company fidelity and surety bonds or undertakings and Other documents of a
similar character Issued by the company In the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as
if such Instruments had been duly executed by its regularly elected officers at its home oMco.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this Ilth
dayof Januar
CHRISTINE MEAD, SECRETARY MIKE MCGAVICK PRESIDENT
CERTIFICATE
Extract from the By -Lena of FIRST NATIONAL INSURANCE COMPANY OF AMERICA
2005
"Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as aftomeys4n-fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of simaar character issued by the company N the course of Its
business... On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conlemng such authority or
on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however,
that the seat shall not be necessary to the valid8y of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAWNSURANCE COMPANY OF AMERICA adopted July 28, 1970.
-On any certificate executed by the Secretary or an assistant secretary of the Company selling out,
(I) The provisions of Article V, Section 13 of the By -Laws, and
(11) A copy of the power-ut-abomey appointment executed pursuant thereto, and
(III) Certifying that said power-of-attorney appointment Is in full force and effect,
the signature of the cord" officer may be by facsimile, and the seal of the Company may be a facsimile thereof.'
1, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the By -Laws, the
Resolution and the Power of Attorney are pill in full forcii, and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 11th days October 2007
L�9
6
• CHRISTINE MEAD, SECRETARY
S-104WFWF 7/99 OA registered trademark of SAFECO Conpondwn
01/11/2005 PDF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
Orange
I ss.
On 10/15/07 beforeme, Lori Robinson, Notary Public
Data Name anC Title of O91cer (a.g.,'Jame Doe, Notary Public')
personally appeared Mi rhpl 1 a ('arnana ,
Names) or Signer(s)
K personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) isfare
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature s) on the instrument the person(s), or
t Ity upo alf of which the persons)
LOR" ROBINSac
ac ed, executed the trument.
COMM. # 1580372 ESS my a fficial seal.
i m a NOIAAY Pi;9LIC CALIFORNIA
P CPANC=E COUNTY N
is o My C,f_.0 �,. .;UNE 17, 21)09
e— ll Signature of Notary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this to" to another document.
Description of Attached Document
Title or Type of Document: Payment Bond
Document Date: 10/11/07 Number of Pages: 1
Signer(s) Other Than Named Above: None
Capacity(les) Claimed by Signer
Signer's Name: Michelle Caruana INIMM
❑ Individual Top of thumb here
X Corporate Officer — Title(s): President
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Natures Image, Inc.
01998 National Notary Asaocilumn • 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 • www.muouelnoteryorg ProO. No. 5907 Reorder: Call Toll -Free 1-800-99fiE827
•
• NATURES IMAGE, INC.
•
i
•
•
•
•
BID DOCUMENTS
Only the following listed documents, identified in the lower right corner
• as "Bid Forms" and reproduced on colored paper, shall be fully
executed and submitted with the Bid at the time of opening of Bids.
•
• • Bid (Proposal)
• Bid Schedule(s)
List of Subcontractors
• Non-collusion Affidavit
• Bid Bond (Bid Security Form)
• Bidder's General Information
•
Failure of a Bidder to fully execute and submit all of the listed
documents with the Bid will render a Bid as non-responsive and
subject to rejection.
. saco COVER SHEET
N,9 ��+ .wae BID FORMS
n
U
BID
BID TO: CITY OF SAN JUAN CAPISTRANO
This is page one of EXHIBIT A, referred to in
made and a part of the AGREEMENT
between the OWNER and the
CONTRACTOR
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreementwith the City in the form
included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or
indicated In said Contract Documents entitled:
AVENIDA PLACIDA HABITAT RESTORATION
Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice
Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security.
This Bid will remain open for the period stated In the Notice Inviting Bids, unless otherwise required bylaw. Bidderwill
enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the
insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents.
Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby
acknowledged):
Number l Date July 2007
Number Date
Number Date
Number
Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where
the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations),
and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations
as Bidder deems necessary.
In conformance with the current statutory requirements of California Labor Code Section 1860, et seq., the undersigned
confirms the following as its certification:
I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured
against liability forworker's compensation, orto undertake self-insurance in accordance with the provisions,
before commencing the performance of the Work of this Contract.
To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non -collusion Affidavit, Bidder's General
Information, and Bid Bond contained in these Bid Forms, said Bidderfurther agrees to complete the Work required under
the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment
therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding
Schedule(&).
Dated:
8/21/07
Natures image, Inc.
Bidder:
By:C `
(Signature)
Title:
CEO
• FoWUu BID (PROPOSAL)
xo
"08.s d 2001 ry° BID FORMS - PAGE 1
L
•
•
This is Page 2 of Exhibit A, referred to in and made part of the Agreement between the Owner and the
Contractor
BID SCHEDULE
AVENIDA PLACIDA HABITAT RESTORATION
Natures Image, Inc.
Name of Bidder or Firm
Unit Price Bid Schedule
Bid Forms - Page 2
ESTIMATED
UNIT
ITEM
DESCRIPTION
QUANTITY
UNIT
COST
AMOUNT
1
General Conditions, Mobilization, Demobilization
1
LS
15,200.00
15,200.00
Site Preparation/Weed Abatement and
22,000.00
22,000.00
2
Control
1
LS
10,850.00
10,850.00
3
Erosion Control
1
LS
4
1 Seed Application
1
LS
15,000.00
1
15,000.00
5
Container Plant Installation
1
LS
31,300.00
31,300.00
6
Mulch/Straw Installation
1
LS
14,000.00
14,000.00
7
Install plant protection as required
1
LS
32, 000.00
32, 000.00
8
90 -day maintenance period
1
LS
42,187.00
42,187.00
Tota/
laz,s3 .00
Natures Image, Inc.
Name of Bidder or Firm
Unit Price Bid Schedule
Bid Forms - Page 2
Natures Image, Inc.
tINFORMATION REQUIRED OF BIDDER
LIST OF SUBCONTRACTORS
As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business
address of each subcontractor who will perform Work under. this Bid in excess of one-half of one percent of the
Contractor's Total Bid Price, and shall also list the portion of the Work which will be done by such subcontractor. After
the opening of Bids, no changes orsubstitutions will be allowed except as otherwise provided bylaw. The listing of more
than one subcontractor for each item of Work to be performed with the words "andlor'' will not be permitted. Failure to
comply with this requirement will render the Bid as non-responsive and may cause its rejection.
Contractor's
License
Work to be Performed
Number
Subcontractor's Name & Address
Hydroseeding
582303
HydroSprout, Inc.
1
460-A Corporate Drive
Escondido CA 92024
2
3
•
4
5
e
7
8
•
FORM U430
LIST OF SUBCONTRACTORS
ABW�l ee "p°
BID FORMS - PAGE 4
0
NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
State of California )
ss.
County of Orange )
Lisa LaMond , being first duly sworn, deposes and says that he or she is
CEO of Natures Image, Inc. , the party making the
foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the
Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has
not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a
sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other
Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to
secure any advantage against the public body awarding the Contract of anyone interested in the proposed
Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or
indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, anyfee to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham
Bid.
Natures Image, Inc.
Bidder
By o_ r %1 iw
Title CEO
Organization Natures image, Inc.
Address 20472 Crescent Hay Drive, Suite 102
Lake Forest, CA 92630
• 501W U4W NON -COLLUSION AFFIDAVIT
iiu�t"d -
"2om BID FORMS - PAGE 5
0
•
BID BOND
KNOW ALL MEN BY THESE PRESENTS,
That NATURES IMAGE, INC. as Principal, and
FIRST NATIONAL INSURANCE COMPANY OF AMERICA as Surety, are held and firmly bound unto The
City of San Juan Capistrano, hereinafter called the "Owner" in the sum of TEN PERCENT OF THE
TOTAL AMOUNT BID dollars
(not leae than 10 PWOW of the told amount of the bid)
for the payment of which sum, welt and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severalty, firmly by these presents.
WHEREAS, said Principal has submitted a Bid to said Owner to perform the Work required under the Bid
Schedules) of the Ownses Contract Documents enfifledi
AVENIDA PLACIDA HABITAT RESTORATION
NOW THEREFORE, if said Principal is awarded a Contract by said Owner, and within the time and in the
manner required in the "Notice Inviting Bids" and the "Instructions to BiddeW' enters into a written Agreement
on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of
Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be nuff
and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said
Owner, and Owner prevails, said Surety shall pay all costs incurred by said Owner in such suit, including a
reasonable attorneys fee to be fixed by the court.
SIGNED AND SEALED, this
(SEAL AND NOTARIAL
ACKNOWLEDGMENT OF SURETY)
10TH n day Of
NATURES IMAGE, INC
20 07
(SEAL)
(SEAL)
(SEAL)
FIRST NATIONAL I4UR4NCE COMPANY OF AMERICA
t (610ft
DWIGHT REILLY (slBTvrel
ATTORNEY-IN-FACT
• FORM U410 BID BOND (BID SECURITY FORM)
NW=1 tl Wp0 BID FORMS - PAGE 0
0
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 11
ORANGE y ss.
County of J
On AUGUST 10, 2007 , before me, SUSAN PUGH, NOTARY PUBLIC
Dale Name aM Title of Officer (e.g., 'Jane Doe. Notary ftUW)
personally appeared DWIGHT REILLY
El personally known to me
❑ proved to me on the basis of satisfactory
evidence
SUSAN PUGH
Commission B 1734680
• Notary Publio - California
orange County
MVC0rnm. 8ipkw Mar28, 2011
WITNESS y hand and officialseal.
Place Naa Seal AM. SUSAN PUGH SosWradNot P I
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
to be the person(0 whose nameol) is/4(e
subscribed to the within instrument and
acknowledged to me that he/st(@/tl�y executed
the same in his/Ir/tlir authorized
capacity(i�), and that by hislt�$lttTld`tr
signatures on the instrument the person(tj or
the entity upon behalf of which the pereon(�
acted, executed the instrument.
Description of Attached Document
Title or Type of Document: BID BOND
Document Date: AUGUST 10, 2007 Number of Pages:
Signer(s) Other Than Named Above: NONE
Capacity(les) Claimed by Signer
Signer's Name: DWIGHT REILLY -------------- --------
E) Individual
❑ Corporate Officer — Title(s):
❑ Partner —❑ Limited ❑ General
;sl Attorney in Fact
O Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: FIRST NATIONAL INSURANCE COMPANY OF AMERICA
RIGHT THUMBPRIhT
OI SIGNER
O rear Natlmel NWq Aasoc dw • 9350 De Sob Ave., P.D. Sox 2402 • ChahwoM. CA 913132402 Pmd. No. 5907 Re=i.. Cal TM -Free 1-0 768a21
• 5 A F E C O' POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA
OFATTORNEY Po SOX 315211
FIRST NATIONAL SURETY SEATTLE, WA 93124-1526
PO BOX 34526
SEA II'I.E. WA 99124-1526 Na 9551
KNOW ALL 9Y THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a W"Nrpton corporation, does hereby appoint
un.....n,...................................... 1. 1. DUECK; DWIGHT REILLY: Arehaim, CMifomia... 0u..uo....................................
its true end lawful aKomey(a)-In-fact, with Na authority to execute on behalf of the company fidelity and sully bonds a undertakings and other documents of a
similar character issued by the company in the course of its business, and to bind FIRST NATIONAL. INSURANCE COMPANY OF AMERICA thereby a hely as
0 such Instruments had been duty executed by its regularly Wcted officers at be hems office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these prea3ms
this NIM day of January 2005
CHRISTINE MEAD. SECRETARY MIKE MCOAVICK PRESIDENT
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA
"Article V, Section 19. - FIDELITY AND SURETY BONDS ... the President. any Moo President, Me Satxstary, and any Assistant Vbe President appointed for that
purpose by the officer in Gorge of surely operations, shall each hays authority to appoint Individuals u attorney.-imil ct or under other appropriate Iran with
.
authority to execute on behalf of the company W$My and surety bonds and other docurneMs of vimili character issued by this company In Me course of as
bualness... On any Instrument r axing or sucenuing such appointment. the signatures may oe aamao by recamilla. On any Inso unment Containing no auvromy or
on any bond or undone" of the company, the seat, or a Iscs4Nls thereof, may be Impressed or affixed w In any other manner reproduced; provided, however.
Mat the mat shall not be netafwary to the veldily of any such 9lsmlmanl or 1mdemali
Extract from a Resolution of the Board of Directors of
FIRST NATIONALINSURANCE COMPANY OF AMERICA adopted July 28, 1970.
'On any certificate executed by the, Secretary or an assistant sscroWq of the Company "rig out,
(1) The provlabns of Article V, Section 13 of the -By -Laws, and
(11) A Copy of the power-of-ettamey appointment, executed pursuant thereto, and
(III) Certifying that sold powerof-agomey appointment N In rust force and eRaG,
the signature of the certifying of eser may be by famlmlle, and the a"l of the Company may be a facsimile tMradf,•
I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA do 1leraby, Cerny that the foregoing ewalda of ilia By -Laws and of a
Revolution of go Board Of Directors of this corporation, arab of a Power of AborrNy Issued pursuant thereb, ere true and correct, and that both the By -Laws, the
Resolution and gra Power of Attorney are 51111 In AA force and effect.
IN WITNESS WHEREOF. I have hereunto set my hand and atMNd the facsimile sell of ssd corponifion
this 10TH day of AUGUST 2007
CHRISTINE MEAD, SECRETARY
S-1049JFNEF 7198 *A n*WWW Iraeanrrk oi SAFECO Carpartlwn
0
0V1112005POF
n
U
•
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Orange
On 8/17/07 beforeme, Lori Robinson, Notary Public,
Date Name and Tine of Office, do g,'Jane Doa. Notary Public')
personally appeared Mi cht-11 t, Caruana
Nacrou) or Slgri
SE L ov
N �. .�F@ LORI RORINSON
COMM. # 1580372
d a NOTARYPUSUC-CAUFORNIA y
r ' ORANGE COUNTY
°4k,cr,, My Cornet. Cu)i JUNE 17, 2009
X personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/shetthey executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
slgna instrument the person(s), or
th entity upon beftsf of which the person(s)
cted, executed the in ument.
OPTIONAL
seal.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Bid Bond _
Document Date: A /s n / 0 7 Number of Pages: 1
Signer(s) Other Than Named Above: NTnna
Capacity(ies) Claimed by Signer
Signer's Name: Michelle Caruana
El Individual To, fin, hne,a
IX Corporate Officer — Title(s): President
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Natures Image, Inc.
fl 1939 National Notary AalcOation -9350 De Soto Ave.. P.O. Rex 2402 • Chatsworth. CA 913132002 - wNw.nationalnotaryorg Pool No. 59117 Reorder: Call Toll -Free 1-800-676689
0
BIDDER'S GENERAL INFORMATION
The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be
non-responsive and may cause its rejection.
1. BIDDER/CONTRACTOR'S Name and Street Address:
Natures Image, Inc.
20472 Crescent Bay Drive, Suite 102, Lake Forest, CA 92630
2.
CONTRACTOR'S Telephone Number: ( 949 ) 454-1225
Facsimile Number: ( 949 ) 454-1215
E-mail address ni®naturesimage.net
3. CONTRACTOR'S License: Primary Classification C27
State License Number(s) 720513
Supplemental License Classifications N/A
4.
Surety Company and Agent who will provide the required Bonds on this Contract
Name of Surety First National Insurance Company of America
Address P.O. Box 34526, Seattle, WA 98124-1526
Surety Company Agent Crosby Insurance -
Telephone Numbers: Agent ( 714 ) 221-5200
Dwight Reilly
Surety( 949 ) 860-6602
5. Type of Firm (Individual, Partnership or Corporation): Corporation
6. Corporation organized under the laws of the State of: California
7. List the names and addresses of the principal members of the firm or names and titles of the principal
officers of the corporation or firm:
Michelle Caruana -President Ladera Ranch, CA
John Caruana - Vice President Ladera Ranch, CA
Lisa LaMond - CEO Mission Viejo, CA
• FORM 0420 BIDDER'S GENERAL INFORMATION
"ice aot"f°"9tl BID FORMS - PAGE 7
• BIDDER'S GENERAL INFORMATION (Continued)
8. Number of years experience as a contractor in this specific type of construction work: 12
9. List at least three related projects of comparable size and complexity completed to date:
1. Owner See Attached Address
Contact Class of work
Phone( Contract amount
Date completed
Project !,
2. Owner -
Contact
Phone �)
• Project (�
3. Owner
Contact
Phone (_)
Project
Address
Class of work
Contract amount
Date completed.
Address
Class of
work
Contract amount
Date completed.
10. List the name and title of the person who will supervise full-time the proposed work for your firm:
Luis Lopez, Mitch Farr or Steve Reinoehl
11. Is full-time supervisor an employee x contract services ^ ?
12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal
• of your current financial condition may be required by the Engineer.
FOWU420 BIDDER'S GENERAL INFORMATION
Na 2WI 'x
optl BID FORMS - PAGE 8
NATURES IMAGE, INC.
BIDDERS REFERNCES
• ❖ Santa Barabara Airfield Area / Restoration and Creek Corridor C/earino
Santa Barbara, CA
Owner: City of Santa Barbara
Contact: Owen Thomas, City of Santa Barbara
Phone: (805) 692-6018 Fax: (805) 964-1380
601 Firestone Road, Santa Barbara, CA 93117
Project Dates: 9/05 — 3/07
Contract Amount: $2,047,474.03
Type of services performed: 12 acres of creek corridor clearing, grading, BMP
Installation, site preparation, irrigation installation, fence installation, planting,
seeding and maintenance
❖ Hill Canyon WWTP
Thousand Oaks, CA
Owner: City of Thousand Oaks
Contact: James Gorham, CH2M Hill (714) 429-2020
Phone: (714) 429-2020 Fax: (714) 429-2050
3 Hutton Centre Drive. Santa Ana. CA 92707
Project Dates: 9/03 — Present (in ongoing maintenance)
Contract Amount: $793,516.00
Type of services performed:8 acres of wetland, march and riparian restoration
including Arundo removal, irrigation installation, planting, seeding, erosion control
and maintenance.
❖ Serrano Creek Habitat Restoration
Lake Forest, CA
Owner: County of Orange
Contact: Ralph Maples, County of Orange
Phone: (714) 567-7826 Fax: (714) 567-7813
P.O. Box 4048, Santa Ana, CA 92702-4048
Project Dates: 3/03 — 6/04
Contract Amount: $325,762.50
Type of services performed: 9.2 acres of riparian, sycamore woodland, upland oak
woodland, coastal sage scrub, willow mulefat scrub restoration including site
preparation, Arundo donax eradication, planting, seeding, erosion control, irrigatior
system installation and maintenance.
❖ Sunny Creek
Carlsbad, CA
Owner: Harry Gateway Ivy Ranch
Contact: Sally Davis, Biologist, Glenn Lukos Associates
Phone: (949) 837-0404 Fax: (949) 837-5834
29 Orchard, Lake Forest, CA 92630
Project Dates: 1/01 — 12/05
Contract Amount: $112,791.50
Type of services performed: 1.84 acres of riparian restoration including planting,
seeding, irrigation system and maintenance.
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-10531"
www. sanjuancapistrano. org
TRANSMITTAL
TO:
Lisa La Mond
Natures Image
20472 Crescent Bay Drive, Suite 102
Lake Forest, CA 92630
DATE: October 18, 2007
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
RE: Construction Contract — Avenida Placida
MEMBERS OF THE CITY COUNCIL
Thank you for maintaining documentation confirming compliance with the terms of the
agreement related to insurance.
SAM ALLEVATO
THOMAS W. HROAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949)443-6309.
If you have questions concerning the agreement, please contact Eric P. Bauman, Water
Engineering Manager (949) 487-4312.
An original agreement is enclosed for your records.
Cc: Eric P. Bauman, Water Engineering Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
Q* Printed on 100%rerycleG paper
9/1812007
AGENDA REPORT D6
TO: Dave Adams, City Manager
FROM: Cindy Russell, Interim Public Works Director
SUBJECT: Consideration of Award of Construction Contract for the Avenida Placida
Habitat Restoration Project (Avenida Placida)(FEMA DR-1585)(Nature's
Image, Inc.)
RECOMMENDATION:
By motion,
1) Award the Avenida Placida Habitat Restoration Project to Nature's Image, Inc., in
the amount of $182,537.00; and,
2) Authorize the City Manager to sign the Agreement, and to approve necessary
changes to the Construction Contract within the project budget.
SITUATION:
At its meeting of July 17, 2007, the City Council approved Plans and Specifications for
the Avenida Placida Habitat Restoration Project and authorized the City Clerk to
advertise for competitive bids. The restoration effort includes site preparation,
installation of native plants, monitoring, and maintenance of the restored areas for a
period of 5 years. This phase of the work relates only to site preparation and
installation of the native plants. The monitoring and maintenance work will be
presented to the City Council as separate contracts after installation has been
completed, the status of the project evaluated, and a maintenance contract solicited for
bid. Two bids for the restoration project were received by the Clerk on August 21,
2007. The low bid was submitted by Nature's Image, Inc. Staff recommends award of
the contract to Nature's Image, Inc. (attachment # 1).
HISTORY:
In early June 2005, an ancient landslide, known as the Avenida Placida Landslide was
re -activated. The landslide is located west of the San Juan Hills Estates residential
development, just above Avenida Placida, (attachment # 2). According to the City's
Geotechnical Engineer, Lawson and Associates Geotechnical Consulting (LGC), the re-
activation of the landslide was due to the heavy rains experienced by Southern
California during the declared Federal Emergency Management Agency (FEMA) DR -
1585 event. This event occurred between February 16th and February 23rd, 2005.
Agenda Report
Paae 2
September 18, 2007
Debris from the landslide impacted an existing detention basin within the San Juan Hills
Estates development. Based on LGC's recommendations, the City proceeded under
an emergency basis to remove the landslide debris and re -grade the impacted areas.
The landslide repair work has been completed; however, it resulted in impacts to
existing native habitat. Because of these impacts to native habitat, environmental
permits were required from jurisdictional resource agencies including U.S. Fish and
Wildlife and the California Department of Fish and Game. As part of the environmental
permit requirements, the City is required to restore five acres of native habitat on site as
mitigation.
Staff along with its environmental consultant, Chambers Group, Inc., completed the
restoration plans and specifications, and received approval from the resource agencies
prior to solicitation of bids.
The work associated with the Avenida Placida Landslide has been previously reviewed
in accordance with the California Environmental Quality Act (CEQA) of 1970. Staff has
determined that the proposed mitigation measures constitute an "emergency project"
under the provisions of Section 15269 of the CEQA Guidelines.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
The cost of site preparation and installation of the five -acre restoration area covered in
the Avenida Placida Habitat Restoration Project is $182,537. The Fiscal Year 2007-
2008 Maintenance Budget has sufficient funds to cover this estimated cost.
Since the re -activation of the Avenida Placida Landslide is a result of the declared
FEMA DR -1585 event, and considered a threat to public property and infrastructure,
staff is seeking FEMA reimbursement for all related repair and environmental mitigation
costs.
NOTIFICATION:
Nature's Image, Inc.
Habitat West. Inc.
Agenda Report
Pape 3
RECOMMENDATION:
By motion,
September 18, 2007
1) Award the Avenida Placida Habitat Restoration Project to Nature's Image Inc., in
the amount of $182,537.00; and,
2) Authorize the City Manager to sign the Agreement, and to approve necessary
changes to the Construction Contract within the project budget.
Respectfully submitted,
"-'e
Cinll
Y
Interim Public Works Director
Attachments: 1. Construction Contract
2. Location Map
Prepared by,
Eric P. Bauman
Water Engineering Manager
CONSTRUCTION CONTRACT
THIS CONTRACT is made and entered into, to be effective, this day of
2007, by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as "City," and Nature's Image, Inc., hereinafter
referred to as "Contractor."
City and Contractor mutually agree as follows:
Section 1. General Conditions.
Contractor certifies and agrees that all the terms, conditions and obligations of
the Contract Documents as hereinafter defined, the location of the job site, and the
conditions under which the work is to be performed have been thoroughly reviewed, and
enters into this Contract based upon Contractor's investigation of all such matters and is
in no way relying upon any opinions or representations of City. It is agreed that this
Contract represents the entire agreement between the parties. It is further agreed that
the Contract Documents including the Notice Inviting Bids, Special Instructions to
Bidders, if any, and Contractor's Proposal are incorporated in this Contract by
reference, with the same force and effect as if the same were set forth at length herein,
and that Contractor and its subcontractors, if any, will be and are bound by any and all
of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the work covered by this Contract.
"Project" as used herein defines the entire scope of the work covered by all the -
Contract Documents. Anything mentioned in the Specifications and not indicated in the
Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the Plans or
Specifications, the matter shall be immediately submitted to City's Engineer, without
whose decision Contractor shall not adjust said discrepancy save only at Contractor's
own risk and expense. The decision of the Engineer shall be final.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-1
ATTACHMENT
Section 2. Materials and Labor.
Contractor shall furnish, under the conditions expressed in the Plans and
Specifications, at Contractor's own expense, all labor and materials necessary, except
such as are mentioned in the Specifications to be furnished by the City, to construct and
complete the Project, in good workmanlike and substantial order. If Contractor fails to
pay for labor or materials when due, City may settle such claims by making demand
upon the surety to this Contract. In the event of the failure or refusal of the surety to
satisfy said claims, City may settle them directly and deduct the amount of payments
from the Contract price and any amounts due to Contractor. In the event City receives
a stop notice from any laborer or material supplier alleging non-payment by Contractor,
City shall be entitled to deduct all of its costs and expenses incurred relating thereto,
including but not limited to administrative and legal fees.
Section 3. Description of Project.
The Project is described as the Avenida Placida Habitat Restoration as
delineated in the Restoration Plans and Technical Specifications prepared by the
Chambers Group. Work to include: the restoration and enhancement of approximately
4.9 acres of Coastal Sage Scrub and Mule Fat Scrub habitat.
Section 4. Plans and Specifications.
The work to be done is shown in a set of detailed Plans and Specifications
entitled:
AVENIDA PLACIDA HABITAT RESTORATION
Said Plans and Specifications and any revisions, amendments or addenda
thereto are attached hereto and incorporated herein as part of this Contract and referred
to by reference.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-2
Section 5. Time of Commencement and Completion.
Contractor agrees to commence the Project within ten (10) calendar days from
the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute
the work to completion within one -hundred -twenty (120) calendar days from the date of
the "Notice to Proceed" issued by the City excluding delays caused or authorized by the
City as set forth in Sections 7, 8 and 9 hereof.
Section 6. Time is of the Essence.
Time is of the essence of this Contract. As required by the Contract Documents,
Contractor shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of Contractor's work
in conformance with an approved construction progress schedule. Contractor shall
coordinate the work covered by this Contract with that of all other Contractors,
subcontractors and of the City, in a manner that will facilitate the efficient completion of
the entire work in accordance with Section 5 herein. City shall have complete control of
the premises on which the work is to be performed and shall have the right to decide the
time or order in which the various portions of the work shall be installed or the priority of
the work of other subcontractors, and, in general, all matters representing the timely and
orderly conduct of the work of Contractor on the premises.
Section 7. Excusable Delays.
Contractor shall be excused for any delay in the prosecution or completion of the
Project caused by acts of God; inclement weather; damages caused by fire or other
casualty for which Contractor is not responsible; any act, neglect or default of City;
failure of City to make timely payments to Contractor; late delivery of materials required
by this Contract to be furnished by City; combined action of the workers in no way
caused by or resulting from default or collusion on the part of Contractor; a lockout by
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-3
City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable
control.
City shall extend the time fixed in Section 5 for completion of the Project by the
number of days Contractor has thus been delayed, provided that Contractor presents a
written request to City for such time extension within fifteen (15) days of the
commencement of such delay and City finds that the delay is justified. City's decision
will be conclusive on the parties to this Contract. Failure to file such request within the
time allowed shall be deemed a waiver of the claim by Contractor.
No claims by Contractor for additional compensation or damages for delays will
be allowed unless Contractor satisfies City that such delays were unavoidable and not
the result of any action or inaction of Contractor and that Contractor took all available
measures to mitigate such damages. Extensions of time and extra compensation as a
result of incurring undisclosed utilities will be determined in accordance with Section C -
9(f) of the General Provisions. The City's decision will be conclusive on all parties to
this Contract.
Section 8. Extra Work.
The Contract price includes compensation for all work performed by Contractor,
unless Contractor obtains a written change order signed by a designated representative
of City specifying the exact nature of the extra work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof.
City shall extend the time fixed in Section 5 for completion of the Project by the
number of days reasonably required for Contractor to perform the extra work, as
determined by City's Engineer. The decision of the Engineer shall be final.
Section 9. Changes in Project.
A. City may at any time, without notice to any surety, by written order
designated or indicated to be a change order, make any change in the work within the
general scope of the Contract, including but not limited to changes:
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-4
1) in the Specifications (including drawings and designs);
2) in the time, method or manner of performance of the work;
3) in the City -furnished facilities, equipment, materials, services or
site; or
4) directing acceleration in the performance of the work.
B. A change order shall also be any other written order (including direction,
instruction, interpretation or determination) from the City which causes any change,
provided Contractor gives the City written notice stating the date, circumstances and
source of the order and that Contractor regards the order as a change order.
C. Except as provided in this Section 9, no order, statement or conduct of the
City or its representatives shall be treated as a change under this Section 9 or entitle
Contractor to an equitable adjustment.
D. If any change under this Section 9 causes an increase or decrease in
Contractor's actual, direct cost or the time required to perform any part of the work
under this Contract, whether or not changed by any order, the City shall make an
equitable adjustment and modify the Contract in writing. Except for claims based on
defective specifications, no claim for any change under paragraph (B) above shall be
allowed for any costs incurred more than twenty (20) days before the Contractor gives
written notice as required in paragraph (B). In the case of defective specifications for
which the City is responsible, the equitable adjustment shall include any increased
direct cost Contractor reasonably incurred in attempting to comply with those defective
specifications.
E. If Contractor intends to assert a claim for an equitable adjustment under
this Section 9, it must, within thirty (30) days after receipt of a written change order
under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a
written statement to the City setting forth the general nature and monetary extent of
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-5
such claim. The City may extend the thirty (30) day period. Contractor may include the
statement of claim in the notice under paragraph (B) of this Section 9.
F. No claim by Contractor for an equitable adjustment shall be allowed if
made after final payment under this Agreement.
G. Contractor hereby agrees to make any and all changes, furnish the
materials and perform the work that City may require without nullifying this Contract.
Contractor shall adhere strictly to the Plans and Specifications, unless a change
therefrom is authorized in writing by the City. Under no condition shall Contractor make
any changes to the Project, either in additions or deductions, without the written order of
the City and the City shall not pay for any extra charges made by Contractor that have
not been agreed upon in advance in writing by the City. Contractor shall submit
immediately to the City written copies of its firm's cost or credit proposal for change in
the work. Disputed work shall be performed as ordered in writing by the City and the
proper cost or credit breakdowns therefore shall be submitted without delay by
Contractor to City.
H. If in the opinion of the City's Engineer, it is in the City's best interest and it
is deemed necessary to proceed with a required change in the Contract Documents,
and time precludes submittal of the Contractor's proposal or, thorough analysis of the
Contractor's proposal, or the parties fail to reach an agreement, the City may order the
Contractor to proceed (Proceed Order) on the basis of a tentative, not to exceed price
based on the best estimate available at the time, with the firm price and time impact to
be determined later. If a Proceed Order is issued, the Contractor shall submit his
proposal for the changes in the work within 7 calendar days of the Proceed Order, and a
Change Order shall be negotiated and fully executed within 30 calendar days of the
Proceed Order.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-6
Section 10. Liquidated Damages for Delay.
The parties agree that if the total work called for under this Contract, in all parts
and requirements, is not completed within the time specified in Section 5 plus the
allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City
will sustain damage, which would be extremely difficult and impracticable to ascertain.
The parties therefore agree that Contractor will pay to City the sum of Five Hundred
Dollars ($500) per day, as liquidated damages, and not as a penalty, for each and every
calendar day during which completion of the Project is so delayed.
Contractor agrees to pay such liquidated damages and further agrees that City
may offset the amount of liquidated damages from any monies due or that may become
due Contractor under this Contract.
Section 11. Contract Price and Method of Payment.
City agrees to pay and Contractor agrees to accept as full consideration for the
faithful performance of this Contract, subject to any subsequent additions or deductions
as provided in approved change orders, the lump sum of One Hundred Eighty Two
Thousand Five Hundred Thirty Seven dollars and no cents ($182,537.00) as shown on
Exhibit 'A" the Contractors Bid.
Within thirty (30) days from the commencement of work, there shall be paid to
the Contractor a sum equal to ninety percent (90%) of the value of the actual work
completed plus a like percentage of the value of material suitably stored at the worksite,
treatment plant or approved storage yards subject to or under the control of the City,
since the commencement of the work as determined by the City. Thereafter, on a
schedule issued by the City at the commencement of the job which shows a minimum of
one payment made to the Contractor per month for each successive month as the work
progresses and the request for payment due dates from the Contractor to meet the
payment schedule, the Contractor shall be paid such sum as will bring the total
payments received since the commencement of the work up to ninety percent (90%) of
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-7
the value of the work completed since the commencement of work as determined by the
City, less all previous payments, provided that the Contractor submits the request for
payment prior to the end of the day required to meet the payment schedule. The City
will retain ten percent (10%) of each approved progress payment until the Work is fifty
percent (50%) complete. Then, the City may at its option suspend further retainage
until the final progress payment. The City reserves the right to reinstate up to ten
percent (10%) retainage of the total of the Work if the City determines, at its discretion,
that the Contractor is not performing the Work satisfactorily, or there is other specific
cause for such retainage.
Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City's Engineer, stating that the work for
which payment is demanded has been performed in accordance with the terms of the
Contract, and that the amount stated in the certificate is due under the terms of the
Contract. Partial payments on the Contract price shall not be considered as an
acceptance of any part of the work.
Section 12. Substitution of Securities in Lieu of Retention of Funds.
Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be
entitled to post approved securities with the City or an approved financial institution in
order to have the City release funds retained by the City to insure performance of the
Contract. Contractor shall be required to execute an addendum to this Contract
together with escrow instructions and any other documents in order to effect this
substitution.
Section 13. Completion.
Within ten (10) days after the contract completion date of the Project, Contractor
shall file with the City's Engineer its affidavit stating that all workers and persons
employed, all firms supplying materials, and all subcontractors upon the Project have
been paid in full, and that there are no claims outstanding against the Project for either
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-8
labor or material, except those certain items, if any, to be set forth in an affidavit
covering disputed claims, or items in connection with Stop Notices which have been
filed under the provisions of the statutes of the State of California. City may require
affidavits or certificates of payment and/or releases from any subcontractor, laborer or
material supplier.
Section 14. Contractor's Employees' Compensation.
A. Davis -Bacon Act:
Contractor will pay and will require all subcontractors to pay all employees on
said Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis -Bacon Act for each
craft or type of worker needed to perform the Contract.
The provisions of the Davis -Bacon Act shall apply only if the Contract is in
excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or
more of the Contract is funded by federal assistance. If the aforesaid conditions are
met, a copy of the provisions of the Davis -Bacon Act to be complied with are
incorporated herein as a part of this Contract and referred to by reference.
B. General Prevailing Rate:
City has ascertained from the State of California Director of Industrial Relations
the general prevailing rate of per diem wages and the general prevailing rate for legal
holiday and overtime work in the locality in which the work is to be performed for each
craft or type of work needed to execute this Contract, and copies of the same are on file
in the Office of the Engineer of City. The Contractor agrees that not less than said
prevailing rates shall be paid to workers employed on this public works contract as
required by Labor Code Section 1774 of the State of California.
C. Forfeiture For Violation:
Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each
calendar day or portion thereof for each worker paid (either by the Contractor or any
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-9
subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the work provided for in this Contract, all in accordance with Section
1775 of the Labor Code of the State of California.
D. Travel and Subsistence Pay:
Section 1773.8 of the Labor Code of the State of California, regarding the
payment of travel and subsistence payments, is applicable to this Contract and
Contractor shall comply therewith.
E. Apprentices:
Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California,
regarding the employment of apprentices, is applicable to this Contract and the
Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars
($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty
Contractors not bidding for work through the general or prime Contractor are Two
Thousand Dollars ($2,000.00) or more or five (5) working days or more.
F. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute
a day's work, and Contractor shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B)
above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.)
of the Labor Code of the State of California and shall forfeit to the City as a penalty, the
sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this
Contract by Contractor or any subcontractor for each calendar day during which any
worker is required or permitted to labor more than eight (8) hours in any one calendar
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-10
day and forty (40) hours in any one week in violation of said Article. Contractor shall
keep an accurate record showing the name and actual hours worked each calendar day
and each calendar week by each worker employed by Contractor in connection with the
Project.
G. Record of Wages: Inspection:
Contractor agrees to maintain accurate payroll records showing the name,
address, social security number, work classification, straight -time and overtime hours
worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker or other employee employed by it in connection with the Project and
agrees to require that each of its subcontractors does the same. All payroll records
shall be certified as accurate by the applicable Contractor or subcontractor or its agent
having authority over such matters. Contractor further agrees that its payroll records
and those of its subcontractors shall be available to the employee or employee's
representative, the Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards and shall comply with all of the provisions of Labor Code
Section 1776, in general.
Section 15. Surety Bonds.
Contractor shall, before entering upon the performance of this Contract, furnish
bonds approved by the City Counsel -- one in the amount of one hundred percent
(100%) of the Contract price bid, to guarantee the faithful performance of the work, and
the other in the amount of one hundred percent (100%) of the Contract price bid to
guarantee payment of all claims for labor and materials furnished. This Contract shall
not become effective until such bonds are supplied to and approved by the City.
Section 16. Insurance.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-11
A. Contractor is also aware of the provisions of Section 3700 of the Labor
Code, which requires every employer to be insured against liability for Workers'
Compensation or undertake self-insurance in accordance with the provisions of that
Code and will comply with such provisions before commencing the performance of the
work of this Contract.
B. Contractor and all subcontractors will carry workers' compensation
insurance for the protection of its employees during the progress of the work. The
insurer shall waive its rights of subrogation against City, its officers, agents and
employees and shall issue a certificate to the policy evidencing same.
C. Contractor shall at all times carry, on all operations hereunder, bodily
injury, including death, and property damage liability insurance, including automotive
operations, bodily injury and property damage coverage. All insurance coverage shall
be in amounts specified by City in the Insurance Requirements and shall be evidenced
by the issuance of a certificate in a form prescribed by the City and shall be
underwritten by insurance companies satisfactory to City for all operations, subcontract
work, contractual obligations, product or completed operations, all owned vehicles and
non -owned vehicles. Said insurance coverage obtained by the Contractor, excepting
workers' compensation coverage, shall name the City, its Directors, Officers, Agents,
Employees, Engineers, and Consultants for this contract, and all public agencies from
whom permits will be obtained and their Directors, Officers, Agents and Employees, as
determined by the City, as additional insureds on said policies.
D. Before Contractor performs any work at, or prepares or delivers materials
to, the site of construction, Contractor shall furnish certificates of insurance evidencing
the foregoing insurance coverages and such certificates shall provide the name and
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-12
policy number of each carrier and policy and that the insurance is in force and will not
be canceled without thirty (30) days' written notice to City.
Contractor shall maintain all of the foregoing insurance coverages in force until
the work under this Contract is fully completed. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of City by
Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of Contractor with respect to the foregoing, Contractor shall subscribe for
and maintain in full force and effect during the life of this Contract, the following
insurance in amounts not less than the amounts specified and issued by a company
admitted in California and having a Best's Guide Rating of A -Class VII or better:
Worker's Compensation In accordance with the Workers'
Compensation Act of the State of
California -- Minimum of
$1,000,000
Public Liability, in the form of
either Comprehensive General
$1,000,000, per occurrence, or
Liability or Commercial General
alternatively,
Liability written on a per -occurrence
$5,000,000 aggregate, separate
basis
for this project.
Automobile liability, including $1,000,000 per occurrence
non -owned and hired vehicles
City or its representatives shall at all times have the right to inspect and receive
the original or a certified copy of all said policies of insurance, including certificates.
Contractor shall pay the premiums on the insurance hereinabove required.
Section 17. Risk and Indemnification.
All work covered by this Contract done at the site of construction or in preparing
or delivering materials to the site shall be at the risk of Contractor alone. Contractor
agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees,
Engineers, and Consultants for this Contract, and all public agencies from whom
permits will be obtained and their Directors, Officers, Agents and Employees harmless
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-13
against any and all liability, claims, judgments, costs and demands, including demands
arising from injuries or death of persons (Contractors' employees included) and damage
to property, arising directly or indirectly out of the obligations herein undertaken or out of
the operations conducted by Contractor, save and except claims or litigation arising
through the sole negligence or sole willful misconduct of City, and will make good to and
reimburse City for any expenditures, including reasonable attorneys' fees City may incur
by reason of such matters, and if requested by City, will defend any such suits at the
sole cost and expense of Contractor.
Section 18. Stop Notice Administration.
City reserves the right to charge Contractor for City's actual administrative time
(including attorney's time) to administer and process stop notices filed by Contractor's
subcontractors, materialmen, or any other claimant or lienholder.
Section 19. Termination.
A. This Contract may be terminated in whole or in part in writing by either
party in the event of substantial failure by the other party to fulfill its obligations under
this Contract through no fault of the terminating party, provided that no termination may
be effected unless the other party is given: (1) not less than ten (10) calendar days'
written notice (delivered by certified mail, return receipt requested) of intent to terminate,
and (2) an opportunity for consultation with the terminating party prior to termination.
B. This Contract may be terminated in whole or in part in writing by the City
for its convenience, provided that the Contractor is given (1) not less than ten (10)
calendar days' written notice (delivered by certified mail, return receipt requested) of
intent to terminate, and (2) an opportunity for consultation with the terminating party
prior to termination.
C. If termination for default or convenience is effected by the City, an
equitable adjustment in the price provided for in this Contract shall be made, but (1) no
amount shall be allowed for anticipated profit on unperformed services or other work,
and (2) any payment due to the Contractor at the time of termination may be adjusted to
cover any additional costs to the City because of the Contractor's default. If termination
for default is effected by the Contractor, the equitable adjustment shall include a
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-14
reasonable profit for services or other work performed, but no adjustment will be
allowed for anticipated profits. The equitable adjustment for any termination shall
provide for payment to the Contractor for services rendered and expenses incurred prior
to the termination, in addition to termination settlement costs reasonably incurred by the
Contractor relating to commitments which had become firm prior to the termination.
D. Upon receipt of a termination action under paragraphs (A) or (B) above,
the Contractor shall (1) promptly discontinue all affected work (unless the notice directs
otherwise), and (2) deliver or otherwise make available to the City all data, drawings,
specifications, reports, estimates, summaries and such other information and materials
as may have been accumulated by the Contractor in performing this Contract whether
completed or in process.
E. Upon termination under paragraphs (A) or (B) above, the City may take
over the work and may award another party an agreement to complete the work under
this Contract.
Contractor agrees to perform all work under this Contract in accordance with the City's
designs, drawings and specifications. The Contractor guarantees for a period of at least
one (1) year from the date of substantial completion of the work that the completed work
is free from all defects due to faulty materials, equipment or workmanship and that he
shall promptly make whatever adjustments or corrections which may be necessary to
cure any defects, including repairs of any damage to other parts of the system resulting
from such defects. The City shall promptly give notice to the Contractor of observed
defects. In the event that the Contractor fails to make adjustments, repairs, corrections
or other work made necessary by such defects, the City may do so and charge the
Contractor the cost incurred. The performance bond shall remain in full force and effect
through the guarantee period.
The Contractor's obligations under this clause are in addition to the Contractor's
other express or implied assurances under this Contract or state law and in no way
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-15
diminish any other rights that the City may have against the Contractor for faulty
materials, equipment or work.
Section 20. Assignment.
No assignment by the Contractor of this Contract or any part hereof, or of funds
to be received hereunder, will be recognized by the City unless such assignment has
had prior written approval and consent of the City and the surety.
Section 21. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which it may be entitled.
If any action is brought against the Contractor or any subcontractor to enforce a Stop
Notice or Notice to Withhold, which names the City as a party to said action, the City
shall be entitled to reasonable attorneys' fees, costs and necessary disbursements
arising out of the defense of such action by the City. The City shall be entitled to deduct
its costs for any Stop Notice filed, whether court action is involved or not.
Section 22. Resolution of Disputes.
The City and the Contractor shall comply with the revisions of California Public
Contracts Code Section 20104, et seg., regarding resolution of construction claims for
any claims which arise between the Contractor and the City.
Section 23. Notices.
Any notice required or permitted under this Contract may be given by ordinary
mail at the address set forth below. Any parry whose address changes shall notify the
other party in writing.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-16
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Public Works
To Contractor: Lisa La Mond
Natures Image, Inc.
20472 Crescent Bay Dr., Ste 102
Lake Forest, CA 92630
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-17
IN WITNESS WHEREOF, the parties hereto have executed this Construction
Contract as of the date first hereinabove written.
CITY OF SAN JUAN CAPISTRANO
A
Dave Adams, City Manager
CONTI ACTOR
By.
ATTEST:
By:
Margaret R. Monahan, City Clerk
APPROVED AS T FORM:
By: 1 , �.
John R. haw, City Attorne
CITY OF SAN JUAN CAPISTRANO AGREEMENT
AVENIDA PLACIDA HABITAT RESTORATION B-18
ATTACHMENT
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-10531
www sand uancapistrano. org
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
The City Council of San Juan Capistrano will meet at 7:00 p.m. on Tuesday, September
18, 2007 in the City Council Chamber in City Hall, to consider: "Consideration of
Award of Construction Contract for the Avenida Placida Habitat Restoration
Project (Avenida Placida)(FEMA DR-1585)(Nature's Image, Inc)" — Item No. D6.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00
p.m. on Monday, September 17, 2007 to allow time for the Council to consider its
content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Eric P. Bauman,
Water Engineering Manager. You may contact that staff member at (949) 487-4312
with any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
citvclerk(a-)sanivancapistrano.org.
Meg Monahan, MMC
City Clerk
cc: Nature's Image, Inc; Habitat West, Inc; Cindy Russell, Interim Public Works
Director; Eric P. Bauman, Water Engineering Manager
Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
�, Printed on 100% recycled paper
32400 PASEO ADEI ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
September 19, 2007
0
IA[AAIAAAIEA
� FSIAIIISXEO 1961
1776
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRSAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
On September 18, 2007, the City Council of San Juan Capistrano met regarding:
"Consideration of Award of Construction Contract for the Avenida Placida Habitat
Restoration Project (Avenida Placida)(FEMA DR-1585)(Nature's Image, Inc)" Item
No. 136.
The following action was taken at the meeting: Avenida Placida Habitat Restoration
project construction contract revised to indicate the order of precedence of the
various contract documents; contract awarded to Nature's Image, Inc., in the
amount of $182,537.00; and the City Manager authorized to execute the
agreement and approve necessary changes to the construction contract within
the project budget.
If you have any questions regarding this action, please contact Eric P. Bauman, Water
Engineering Manager at (949) 487-4312 for more detailed information.
Thank you,
,MMC
Clerk
Cc: Nature's Image, Inc; Habitat West, Inc; Cindy Russell, Interim Public Works
Director; Eric P. Bauman, Water Engineering Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Pnmetl on 100°b recycled paper
G I Page 1 of 2
Maria Morris
From: Eric Bauman
Sent: Monday, September 24, 2007 11:20 AM
To: 'Natures Image, Inc. (sreinohole@naturesimage.net)'
Cc: Cindy Russell; Christine Casper; Maria Morris; Meg Monahan; 'Grady Banister
Subject: RE: Avenida Placida agreement
Attachments: Placida Restoration - Construction Contract.doc
Steve:
Please find attached a revised version of the change described below. That line has
been deleted in favor of the line added to the last paragraph of Section 1, General
Conditions "In the event of a conflict in the documents the following order of precedence will
apply - the Construction Contract precedes the Specifications which precedes the Plans, which
precedes the bid proposal."
The change is highlighted at the middle of page 1 with the line above. If this is
acceptable please provide a letter to that effect so we can process the contract. Also,
print out two copies the entire contract initial the highlighted line, and sign signature
page again. Send back two copies along with a letter accepting the contract change.
Eric.
From: Eric Bauman
Sent: Thursday, September 20, 2007 12:53 PM
To: Natures Image, Inc. (sreinohole@naturesimage.net)
Cc: Cindy Russell; Christine Casper; Maria Morris; Meg Monahan; Grady Banister
Subject: RE: Avenida Placida agreement
Steve:
Please find attached a revised version of the contract for the Placida Habitat
Restoration. The change is highlighted at the bottom of page 4 with the line "The
Specifications take precedence over the Plans". If this is acceptable please provide a
to that effect so we can process the contract. Also, print out page 4 and initial the
highlighted line. Send back two copies of the initialed page 4, along with the letter
Eric.
From: Meg Monahan
Sent: Wednesday, September 19, 2007 2:59 PM
To: Eric Bauman
Cc: Cindy Russell; Christine Casper; Maria Morris
Subject: Avenida Placida agreement
Eric,
9/24/2007
l
letter
!I'
;3x (l��
Page 2 of 2
Last night a revised agreement was approved. This revision needs to be incorporated into the
agreement and I need to receive verification from the contractor that they agree with the
revision.
. The agreement needs to indicate the order of precedence of the various contract
documents (this may already be in the General Conditions in the specification?). If it is in
the specs, then the agreement should refer to that section. If it is not — then something
needs to be added to the agreement. I will place the agreement in the PW interoffice
mail.
. Documentation that the contractor agrees to the revision. The easiest way is to e-mail
the term to the contractor, have them sign it and fax it back. Our office should receive a
copy of that fax to include in our agreement file.
Please complete the above and return the agreement to our office so we can finalize it.
Thank you,
Meg Monahan, MMC
City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949)443-6308
(949) 493-1053 - fax
9/24/2007
Znatures image
October 3, 2007
Mr. Eric Bauman
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano. CA 92675
Natures Image, Inc.
Re: Avenida Placida Restoration
20472 Crescent Bay Dr.
Dear Mr. Bauman:
Suite 102
Lake Forest, CA. 92630
We have reviewed the revision to Section 1 of the Construction
P 949 454 1225
Contract which adds the following provision:
F 949 454 1215
"In the event of a conflict in the documents the following order of
w .neturesimage.net
precedence will apply — the Construction Contract precedes the
CL720513
Specifications which precedes the Plans, which precedes the bid
proposal."
This revision is acceptable. Enclosed are two copies of the revised
contract which our President has initialed and signed.
Should you need anything further please do not hesitate to contact me.
Administrative C6or
Natures Image, Inc.
Enclosure
PUBLIC WORKS DEPARTNIENT
OCT 0 5 "C7
CITY OF
SAN JUAN CAPISTRANO
Page 1 of 1
Maria Morris
From: Eric Bauman
Sent: Wednesday, October 10, 2007 3:41 PM
To: Reinoehl Steven (sreinoehl@naturesimage.net)
Cc: Maria Morris; Christine Casper
Subject: FW: Nature's Image
Steve:
Please provide the Performance Bond, and the Payment (Labor & Material) Bond for the
Placida Habitat restoration.
Eric.
From: Maria Morris
Sent: Tuesday, October 09, 2007 3:24 PM
To: Eric Bauman
Cc: Christine Casper; Christy Swanson
Subject: Nature's Image
Hi Eric,
Hi Eric,
I just received the revised contract for the Avenida Placida Habitat Restoration Project. I have
all the required insurance. I'm only missing the faithful performance bond & labor & material
bond. Also, I need the bids from the unsuccessful bidders.
Thank you!!
Maria Morris
Deputy City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949)443-6309
(949)493 -1053 -Fax
10/11/2007
07/17/2007
D10
AGENDA REPORT
TO: Dave Adams, City Manager 4;�r1
FROM: Cindy Russell, Interim Public Works Director
SUBJECT: Consideration of Plans and Specifications for the Avenida Placida
Landslide Repair Environmental Restoration (Avenida Placida)(FEMA DR -
1585)
RECOMMENDATION:
By motion,
1. Approve the Plans and Specifications for the Avenida Placida Landslide Repair
Environmental Restoration project; and,
2. Authorize the City Clerk to advertise the project for competitive bids.
SITUATION:
In early June 2005, an ancient landslide, known as the Avenida Placida Landslide was
re -activated. The landslide is located west of the San Juan Hills Estates residential
development, just above Avenida Placida. According to the City's Geotechnical
Engineer, Lawson and Associates Geotechnical Consulting (LGC), the re -activation of
the landslide was due to the heavy rains experienced by Southern California during the
declared Federal Emergency Management Agency (FEMA) DR -1585 event. This event
occurred during the period of February 16 to 23, 2005.
Debris from the landslide impacted an existing detention basin within the San Juan Hills
Estates development. Based on LGC's recommendations, the City proceeded under
an emergency basis to remove the landslide debris and re -grade the impacted areas.
The landslide repair work has been completed; however, it resulted in impacts to
existing native habitat. Because of these impacts to native habitat, environmental
permits were required from jurisdictional resource agencies including the U.S. Fish and
Wildlife and the California Department of Fish and Game. As part of the environmental
permit requirements, the City is required to restore five acres of native habitat as
mitigation for the impacts.
Staff along with its environmental consultant, Chambers Group, Inc., has completed the
restoration plans and specifications. The plans and specifications have been reviewed
and approved by the aforementioned resource agencies and are ready for solicitation of
bids. Staff recommends that the City Council approve the plans and specifications, and
authorize the City Clerk to solicit bids.
Agenda Report July 17, 2007
Paae 2
The restoration effort includes site preparation and installation of native plants as well
as the monitoring and maintenance of the restored areas for a period of 5 years. The
recommended Council action to approve the plans and specifications relates only to
site preparation and installation of the native plants. The monitoring and maintenance
work shall be presented to the City Council as separate contracts, after installation has
been completed.
The work associated with the Avenida Placida Landslide has been previously reviewed
in accordance with the California Environmental Quality Act (CEQA) of 1970. Staff has
determined that the proposed mitigation measures constitute an "emergency project'
under the provisions of Section 15269 of the CEQA Guidelines.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
The estimated cost of site preparation and installation of the five -acre restoration area
is $156,000. The FY 2007-2008 Maintenance Budget has sufficient funds to cover this
estimated cost.
Since the re -activation of the Avenida Placida Landslide is a result of the declared
Federal Emergency Management Agency (FEMA) DR -1585 event and considered a
threat to public property and infrastructure, staff is seeking FEMA reimbursement for all
related repair and environmental mitigation costs.
NOTIFICATION:
Not applicable
Agenda Report July 17, 2007
Pape 3
RECOMMENDATION:
By motion,
1. Approve the Plans and Specifications for the Avenida Placida Landslide Repair
Environmental Restoration project; and,
2. Authorize the City Clerk to advertise the project for competitive bids.
Respectfully submitted,
Cindy Russell
Interim Public Works Director
Attachments: 1. Plans and Specifications
2. Location Map
Prepared by,
ATTACHMENT
Due to the size of this attachment, a copy has been distributed to
the City Council. In addition, a copy of the attachment is available
for public review at the City Clerk's Office located at City Hall 32400
Paseo Adelanto, San Juan Capistrano, CA 92675.
ATTACHMENT
ATTACHMENT
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above entitled matter. I am the principal clerk
of the Capistrano Valley News, a newspaper
that has been adjudged to be a newspaper of
general circulation by the Superior Court of the
County of Orange, State of California, on June 7,
1984, Case No. A-122949 in and for the City of
San Juan Capistrano, County of Orange, State of
California; 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 supplement thereof on the following
dates, to wit:
August 9, 16, 2007
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: August 16, 2007
Signature
Capistrano Valley Nem
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
RECEIVED
1 M SEP 10 A$ 5
CITY CLERK
SAN JUAN CAPISTRANO
Proof of Publication of
fN)7NJe NM1t1NA res
AY M PLAOMA HAMATMOMOM71eN
PFADJWT
Nobw la hereby glen that die City of .San Jun
A mk1a M=Nabkd Raab
raosm, sealed proposal,or TM 2 for p.m.
on me 21st daY of August, 2007. �� urN1:00 m.
A pre-0id oonMrence Is aenedulad M 1:00 p.m. an August
9, 20W, n Sn Pubec Works D0aTararthmnant 32430 Paseo
AdelanSan, SJudn Capiabano, CWifomia
Copies of the SpadSetliow arc on file in the Clark's
oflw st the Cly of San Jun Cep4truro. Pesao
AdalanW. San JunCapp Cahka is, and may be ob-
tekrad att "non+apaWalabtrM�Charge of SM, glue a onvye of
$10 for each est of Waw and SpW$"110w mated.
Dated: Juy 20, 2007
/ ktaroarat R Mwahan
MAROANET R. MONAHAN �f t'��I�RK
CRY OF SAN JUAN CAPISTRANO
l 0PAME COUNTY, CAUFOMA
0
is
NOTICE OF TRANSMITTAL
CAPISTRANO VALLEY NEWS
Legal Publications
CHARGE TO ACCOUNT NO:
FOR PUBLICATION ON:
DOCUMENT TO BE PUBLISHED
PROOF OF PUBLICATION:
AUTHORIZED BY:
DATE:
Date of Bid Opening
Ju
Date(s) notice published
Date affidavit received
Date notice posted in
designated posting places
0041125000
AUGUST 9, 2007
AUGUST 16, 2007
NOTICE INVITING BIDS — AVENIDA PLACIDA
HABITAT RESTORATION PROJECT
Please fax to:
City Clerk's Office, City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
fax (949) 493-1053
telephone (949) 493-1171
Monahan, City Clerk
- 08/21/20074
- 08/09/2007 N4\ UW\-
- 08/16/2007
0
NOTICE INVITING BIDS
0
AVENIDA PLACIDA HABITAT RESTORATION PROJECT
Notice is hereby given that the City of San Juan Capistrano will receive sealed
pro�osals or bids for the Avenida Placida Habitat Restoration Project until 2:00 p.m. on the
21 s day of August, 2007.
A pre-bid conference is scheduled for 1:00 p.m. on August 9, 2007, in the Public
Works Department 32450 Paseo Adelanto, San Juan Capistrano, California.
Copies of the Specifications are on file in the City Clerk's office at the City of San
Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be
obtained at the non-refundable charge of $20, plus a charge of $10 for each set of Plans
and Specifications mailed.
Dated: July 20, 2007
MAMARV F$. MONAH� N\CITY CLERK
CITY OF ANI JUAN CA IS RANO
ORANGE COUNTY, CALIFORNIA
0
0
CITY OF SAN JUAN CAPISTRANO
NOTICE INVITING BIDS
FOR THE AVENIDA PLACIDA HABITAT RESTORATION PROJECT
N-1. NOTICE IS HEREBY GIVEN that sealed bids for the Avenida Placida Habitat
Restoration Project will be received at the office of the City Clerk of the City of San Juan
Capistrano, California, until 2 p.m. on August 21, 2007at which time they will be opened
and read aloud in the Council Chambers of the City of San Juan Capistrano (City).
N-2 DESCRIPTION OF THE WORK: The Work includes the restoration of approximately
4.9 acres of native habitat.
N-3 LOCATION OF THE WORK: The Work shall be constructed on City open space
property, on graded slopes southwest of Avenida Placida, between Calle Miramonte and
Calle Amador.
N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be
completed within 60 calendar days after the date specified in the Notice to Proceed.
Liquidated damages will be assessed as set forth in the Agreement for failure to meet the
specified completion date.
N-5 AWARD OF CONTRACT:
(a) The City reserves the right after opening bids to reject any or all bids, to waive
any informality (non -responsiveness) in a bid, or to make award to the lowest responsive,
responsible bidder and reject all other bids, as it may best serve the interest of the City.
(b) As a condition of award, the successful bidder will be required to submit payment
and performance bonds and insurance in an amount of 100 percent of the contract price.
N-6 BID SECURITY: Each bid shall be accompanied by a certified or cashier's check or
Bid Bond in the amount of at least 10 percent of the total bid price, payable to the City of
San Juan Capistrano.
N-7 BIDS TO REMAIN OPEN: The Bidder shall guarantee the total Bid price for a period
of 90 calendar days after the date of Bid opening.
N-8 CONTRACTOR'S LICENSE CLASSIFICATION: Bidder shall meet qualification
requirements outlined in the Restoration Plan and Technical Specifications.
N-9 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general
prevailing rate of per diem wages as determined by the Director of the Department of
Industrial Relations of the State of California for the locality where the work is to be
performed. A copy of said wage rates is on file at the office of the City. The Contractor and
any subcontractors shall pay not less than said specified rates and shall post a copy of said
auW210 v e NOTICE INVITING BIDS
22""°"uwl PAGE 1
0
wage rates at the project site.
40
N-10 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent
of payments due under the Contract Documents from time to time, without retention of any
portion of the payment by the City by depositing securities of equivalent value with the City
in accordance with the provisions of Section 22300 of the Public Contract Code.
N-11 PRE-BID VISIT TO WORK SITE: Prospective bidders are invited to attend a pre-bid
visit to the proposed work site and existing facilities, which will be conducted by the City at
1:00 pm on August 9, 2007. This meeting will be held at the City of San Juan Capistrano,
Public Works Department at 32400 Paseo Adelanto, San Juan Capistrano. Any Bidder who
fails to attend the pre-bid site visit accepts full responsibility for acceptance of all site
conditions that would have been evident had a site inspection been made.
N-12 OBTAINING OR INSPECTING CONTRACT DOCUMENTS:
(a) Contract Documents may be inspected without charge at the City of San Juan
Capistrano, City Clerk's Office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675.
(b) Complete sets of said Contract Documents may be purchased for $20 dollars per
set and are obtainable from the City of San Juan Capistrano, City Clerk's Office, 32400
Paseo Adelanto, San Juan Capistrano, CA 92675. No refund will be made of any charges
for sets of Contract Documents. An additional fee of $10 shall be charged for sets of
documents sent by mail.
N-13 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be
sealed and addressed to the City of San Juan Capistrano, and shall be delivered or mailed
to the City Clerk at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The envelope
shall be plainly marked in the upper left hand corner with the name and address of the
Bidder and shall bear the words "Bid For.." followed by the Project title and the date and
hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the
same envelope with the Bid.
BY ORDER OF THE
THE CITY OF SAN JUAN CAPISTRANO
Date I
CAPISTRANO
MU-wzmm..Pd NOTICE INVITING BIDS
22A,.m l PAGE 2
Bid Opening Report
Bids Opened August 21, 2007 at 2:00 P.M.
Project Title Avenida Placida Habitat Restoration Project
Project Engineer Eric Bauman Pre Bid Estimate $156,000
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Bidder
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habitat West Inc.
Bid Amount Bid Bond/Addenda?
$ Iga� sYJ U `�
$IES,(099
5. $
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cc: City Clerk Staff (3)
Project Department (3)
City Manager (1)
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The above bid amounts have not been checked. The bid totals are subject to correction
after the bids have been completely reviewed.
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