No preview available
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 B-1 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 O 1 OZ-2 &1 4. Bidder Natures image habitat West Inc. Bid Amount Bid Bond/Addenda? $ Iga� sYJ U `� $IES,(099 5. $ CQ 7. 1.31 Sigr cc: City Clerk Staff (3) Project Department (3) City Manager (1) Date F i The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. m Z fi �U am mmE del � I SII I�, I d��_ I ��I Illlll�lll III ;oo d m ..o _ N D N 2 W Z p N N J LL 1p O ❑ OI gl gl 81 I S I � � II I � 'lull I Il�ll�i d m Iq m m illlljiiiilll A n n n n ❑ I g I ILI I 8 g i d I N QX LL N O O O S l9 N y m m it I �i m O1 m Z fi �U am mmE del � I SII I�, I d��_ I ��I Illlll�lll III ;oo d m ..o _ N D N 2 W Z p N N J LL 1p O ❑ OI gl gl 81 I S I � � II I � 'lull I Il�ll�i d m Iq m m illlljiiiilll A n n n n ❑ I g I ILI I 8 g i d I N QX LL N O O O S l9 N y m it I �i m O1 w i n IppA ppb yO C N LL C O N m Z fi �U am mmE del � I SII I�, I d��_ I ��I Illlll�lll III ;oo d m ..o _ N D N 2 W Z p N N J LL 1p O ❑ OI gl gl 81 I S I � � II I � 'lull I Il�ll�i d m Iq m m illlljiiiilll A n n n n ❑ I g I ILI I 8 g i d I N QX