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1974-1223_JOHNSON LANDSCAPING, R.K._Contract Agreement0 6559 MAIL TO: RECORDING EXEMPT REQUESTED By C8 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 41 ax 1 1373Pc 970 DOCUMENTARY TRANSFER TAX - NO TAX DUE Mary Ang tnaxrover, uiiy ulerx San J n Capistrano, California NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was duly awarded by the City Council of the city of San Juan Capistrano, California, to R. K. Johnson Landscaping, 15544 Jacana Drive, La Mirada, California 90638, for doing the following work, to wit: Trabuco Creek Channel Irrigation and Planting Plan in the city of San Juan Capistrano; That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the city of San Juan Capistrano and that said work was accepted by the City Council of the city of San Juan Capistrano at a regular meeting thereof held on the 2nd day of April, 1975 by Resolution No. 75-4-2-2. Dated at San Juan Capistrano, California this 3rd day of April, 1975. 'MARYA SIA—NOV , City Clerk of the city f San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. APR 8 1975 J. WYLIE CARLYLE, County Recorder I, MARY ANN HANOVER, the duty appointed qualified City Clerk of the City Council of the city of San Juan Capistrano, California do hereby certify that under penalty of perjury, the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the office of the County Recorder of Orange County by said City Council. Dated at San Juan Capistrano this 3rd day of April, 1975. (SEAL) �TN? RY ATS NO , City Clerk of the city o San Juan Capistrano VONTRACT AGREEMENT THIS CONT;2ACT is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as the "Owner" and [w_!S0nJ („At,&w0Pjl.%, hereinafter referred to as t e "Contractor". IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: First. Contract Documents. The complete contract includes all of the contract documents, to wit: (a) Notice Inviting Bids; (b) Instructions to Bidders; (c) Bid Form; (d) General Conditions; (e) Technical Divisions including the complete set of Plans for the Construction and Planting of Trabuco Creek Channel Irrigation and Planting Plans; (f) The Contract Agreement; (g) Performance Bond; (h) Labor and Material Bond; (i) duly issued Addenda and all modification incorporated in the foregoing contract documents before execution of the Contract Agreement. The foregoing contract documents are hereby incorporated by reference and shall be deemed and considered as forming a part of this Contract Agreement as fully and to the same extent as if it were copied at length herein. Second. The Work. The Contractor agrees to furnish all tools, labor, materials, equipment, transportation, services and supplies necessary to perform and complete in a good and workmanlike manner the construction of Trabuco Creek Channel Irrigation and Planting Plan, in strict conformity with and in exact accordance with the Plans and Specifications and all other Contract Documents referred to above which documents are on file at the office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. Third. Payment. The Owner agrees to pay and the Contractor agrees to accept the lump sum adjusted for variations of quantities, at the prices named in the Bid Proposal at the time and manner set forth in the Specifications. The foregoing shall be accepted by the Contractor as full and final compensation for all work done under this Contract. Fourth. Commencement and Completion of the Work. The Contractor agrees to begin and complete the work within the specified time in the Notice Inviting Bids. It is agreed that it would be impractic- able and extremely difficult to fix the actual amount of damage and loss sustained by the Owner should the Contractor fail to complete the work in the specified time, he shall pay to the Owner, as liquidated damages, ascertain and agreed, and not in the nature of a penalty, One Hundred Dollars ($100.00) a day for each day delayed, which shall be deducted from the final amount to be paid under this Contract; provided that extensions of time with waiver of liquidated damages may be granted as provided in the Specifi- cations. Fifth. Performance Bond and Labor and Material Bond. The Con- tractor agrees to furnish bonds guaranteeing the performance of this Contract and guaranteeing payment of all labor and material used under this Contract, as required by the laws of the State of 0 E California, in forms approved by the Owner. The Performance Bond shall be for an amount not less than one hundred percent (100%) of the amount of this Contract, and shall be conditioned on full and complete performance of the Contract; guaranteeing the work against faulty workmanship and materials for a period of one year after completion and acceptance. The Labor and Material Bond shall be in an amount not less than one hundred percent (1008) of the amount of this Contract, and shall be conditioned upon full payment of all labor and material entering into or incident to the work covered by this Contract. The Contractor agrees to furnish the bonds on the forms bound within these specifications. Sixth. Insurance. The Contractor agrees to carry Public Liability Insurance, Property Damage Insurance, and Workmen's Compensation In- surance in amounts as required by the Specifications. Seventh. This section deleted. Eighth. General Prevailing Rate of Per Diem Wages. The general prevailing rate of per diem wages and general prevailing rate for holiday and overtime work in the locality in which the work is to be performed for each craft, classifications, or type of workmen needed to execute the Contract, have been determined by the Owner and are set forth in the Notice Inviting Bids. The general pre- vailing rate of per diem wages set forth in said documents is here- by incorporated herein and made a part hereof. The Contractor agrees that he, or any sub -contractor under him, will pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the Contract. Ninth. Compliance with Other Provisions of Law Relative to Public Contracts. The Owner is a public agency in the State of California and is subject to the provisions of the Govern- ment Code and the Labor Code of that State. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this Contract to the same extent as though set forth herein and will be complied with by the Contractor. These include, but are not limited to, the stipulation that eight hours labor constitutes a legal day's work and the Contractor will, as a penalty to the Owner, forfeit Twenty-five Dollars ($25.00) for each workman employed in the execution of the Contract by the Contractor or by any sub -contractor for each calendar day during which such workman is required or permitted to work more than eight hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2 of the California Labor Code, except as permitted by law. -2- IN WITNESS WHEREOF, This Contract authorized agent (s) of the Owner, purs action on December 18, 1974 the date set before the name ot each. Dated: ' c3�I — 7� CITY OF SAN JUAN CAPISTRANO Owner City Clerk �I Contractor By: 11 BID PROPOSAL 11 TRABUCO CREEK CHANNEL IRRIGATION AND PLANTING PLANS Bid Item 1. 1" Schedule 40 P.V.C. 2,177 l.f. 2. Automatic controller 1", Water Watcher, 4 ea. 3. Anti -syphon valve 1", 4ea. 4. Self tapping in line shrub spray heads, 334 ea. TOTAL AMOUNT Construction time Unit Price Total S �t -A, $ o� $ 10 ®� S�C 0QP $ 2,93F C-A)F ItlEr, Note; Individual items may be deleted by the Owner after review of complete bids. MM E 11 connection with any other person or persons making a bid for the same purpose; that this Bid is in all respects fair and without collusion or fraud; and that he agrees that if his Bid, as submitted on this Proposal, be accepted, he will promptly execute a contract prepared by Owner in accordance with his proposal and Specification; that he will perform the work and complete the same within the time specified therein; and that he will accept in full payment therefore the prices named in this Proposal. The undersigned, having examined the Contract Documents, Specif- ications and Drawings entitled: TRABUCO CREEK CHANNEL IRRIGATION AND PLANTING PLANS which compose the Contract Documents, hereby proposes and agrees to furnish all labor, materials, equipment and appliances, and to perform all operations necessary to complete the entire work as required by the Contract Documents as indicated on the Bid Proposal. Contractor's License No.29(1,q3(—_) Issued on /-2,3 c has not been revoked. Signed this day of MeC-#1V6'k_9, 1474. l 5�E<f fT10(!WA")1q Dk Address City & State State whether individual co -partnership, or corporation; if co- partnership, give names of members of firm. v w -9-7 y- -7- i • SUBCONTRACTS The Owner reserves the right to review for approval or rejection any or all sub -contractors that will be used by the prime contactor under the terms of this document prior to assignment of contact. Firm Name Address Firm Name Address Firm Name Address Firm Name Address Firm Name Address Firm Name Address LIST OF SUB -CONTRACTORS -9- RECORD/ NOES: WHEY, REP'ORDED MAIL TO: RE STEP 6Y - DOCUMENTARY TRANSFER T r ,City of San Juan Capistrana � 6JS8 � NO TAX DUE 7 ) Office of the City Clerk / • 32400 Paseo Adelanto RESOLUTION NO. 75-4-2-2 /� — � San Juan Capistrano, CA 92675 Mary Hanover, TRABUCO CREEK LANDSCAPING Cit Jerk Y EXEPiiPI San Juan Capistrano C 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY -. OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFI- CATIONS FOR THE TRABUCO CREEK CHANNEL IRRIGA- v W TION AND PLANTING PLAN Ck The City Council of the City of San Juan Capistrano, California, does hereby resolve: ) WHEREAS, on the 18th day of December, 1974, the City of San Juan Capistrano had entered into a contract with R. K. Johnson Landscaping for the Trabuco Creek Channel Irrigation and Planting Plan; and WHEREAS, the Director of Public Works has submitted his approval of the final quantities and cost figures. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does resolve as follows: SECTION 1. That the work required to.be performed by said contractor has been completed. SECTION 2. That the total cost of said work is in the amount of $3,242.00. SECTION 3. That the work is hereby accepted and approved. SECTION 4. It is further ordered that a "Notice of Completion" be filed, on behalf of the City, in the office of the County Recorder of the County of Orange within ten days of the date of this resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of San Juan Capistrano, California, at a meeting held on the 2nd day of April , 1975, by the following vote, to wit: AYES: Councilmen Byrnes, Heckscher, Sweeney and Mayor Weathers ;'- NOES: a ABSENT • U a ATTEST: Councilman Nash None n AA1�IES' K. WEATHERS, MAYOR City of San Juan Capistrano CITY CLERK I/ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) RECORDED IN OFFICIAL RECORDS OF ORANGE COU:d'Y. CALIFORNIA 9:05 A.M. APR 8 1975 J. WYLIE CARLYLE, County Recorder I, MARY ANN HANOVER, City` Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No, 75-4-2-2 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 2nd day of April , 1975. (SEAL) MARY ArHANOVER, City Clerk -1- d BK 1 1373K 969 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of Resolution No. 75-4-2-2 adopted by the City Council of the City of San Juan Capistrano, California, on the 2nd day of April, 1975. (SEAL) MARY ANN OVE City Clerk San Juan;Capistrano, California 0 MEMORANDUM April 2, 1975 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Completion of Construction - Trabuco Creek Channel Irrigation and Planting Plan SITUATION: In accordance with the plans and specifications of the subject project, R. K. Johnson Landscaping has completed said project. Two Change Orders were required to insure the proper functioning of the irrigation system, and they are described below. The costs incurred for each Change Order are also indicated below. Change Order No. 1 - The system as designed by Orange County Flood Control District did not permit sufficient water pressure to operate the sprinkler heads at the end of the irrigation line. Staff designed a revision which required the addition of six hundred lineal feet of one and one-half inch pipe. The system functioned properly after this change. Cost: $1,050. Change Order No. 2 - Anchors as provided in the original design were not adequate to hold the irrigation pipe in place, due to the sandy nature of the soil. Anchors penetrating deeper into the soil were provided to insure pipe stability. Cost: $388. The budgeted funds for this project are $7,000, and the current pay- ment status is: Total Project Cost $3,242.00 Less 10% Retention 324.20 Total due to date 22917.80 Previous Progress Payment 2,568.00 BALANCE DUE $ 349.80 The final progress payment will be processed through the normal disbursement procedure. ALTERNATE ACTIONS: 1. Request further information. 2. Accept the work and authorize payment of the 10% retention. FOUR CITY C0!Ji,N'C;L !,; I __."'Di% James S. Mocalis Completion of Construction - Trabuco Creek Channel Irrigation April 2, 1975 Page 2 RECOMMENDATION: BY RESOLUTION: Determine the work has been completed and accept the work. The total amount of the contract payments for the work performed is $3,242.00. Within ten (10) days from the date of acceptance, file a Notice of Completion with the Orange County Recorder. BY MOTION: Direct Staff to make payment to R. K. Johnson in the amount of $324.20 (10% retention) after thirty-five days from the filing of the Notice of Completion. Respectfully submitted, W. D. Murph'y I WDM: GL: rm Encl. m p O O O O C i -a - -IIjjIIFrII f--= -1 16).`.. ro O � O u � u I N i O 61 M a. W L N L u O 00 O C d F •o — U T u ro•a n W O OW d�tD 5 u L� O o7 M L N G W W W W 5 a a 47 u r H O M V U w ro or n a d c i P Cq O o G V> u 0 N e u c m v ro G G Q N ^J H C N N V 3 w ti �ti M O yIt tiN Md V MEMORANDUM TO: FROM: SUBJECT: ermrrATMN- I� U December 18, 1974 John O'Sullivan, Interim City Manager W. D. Murphy, Director of Public Works Trabuco Creek Channel Irrigation and Planting Plan Award of Contract In compliance with City Council action at their meeting of November 20, 1974, bids were received on December 10, for the subject project. A tabulation of the bids received is enclosed, and the low bidder was R. K. Johnson Landscaping. ALTERNATE ACTIONS: 1. Award the contract to R. K. Johnson Landscaping. 2. Reject all bids and do not award the contract. RECOMMENDATION: By motion, Award the contract to R. K. Johnson Landscaping, in the amount of $1920.20 and authorize the Mayor to execute the contract. Respectfully submitted, W. D. /ur Mur thy WDM:rm Encl. FOR CITY COUNCi:_ r: ^"` A el ■�»».: . . . , G / \ { \»\/ \ » \�/ "MIS- MIS- y 4 a %X14 -%X « \°2 % IN ^ 9 7 / % Q � J \ \ \ k J O NOTICE INVITING SnALED PROPOSALS OR BIDS FOR THE CONSTRUCTION OF TRABUCO CREEK CHANNEL IRRIGATION SYSTEM FOR THE CITY OF SAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA PUBLIC NOTICE IS HEREBY GIVEN that the City Council of the City of San Juan Capistrano will, up to 11:00 o'clock A.M. on the 10th day of December, 1974 —,receive sealed proposals ' or bids for the construction of Trabuco Creek Channel Irrigation r System to be constructed in the City of San Juan Capistrano and in the County of Orange, California, all in accordance with the approved plans and specifications on file in the offices of the City Clerk of the City of San Juan Capistrano, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. Bids will be received until the time hereinbefore indicated at the San Juan Capistrano Public Works Dept., 32400 Paseo Adelanto, San Juan Capistrano, California, 92675. No bid will be received unless it is made on a proposal form bound within these specifications. Each proposal or bid must be accompanied by a certified check, cash, cashier's check or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than 10 percent of the amount bid. The bond shall be a guarantee that the bidder shall enter into a contract if awarded the work and furnish the necessary bonds, one for faithful per- formance of the contract in an amount equal to one hundred per- cent (100%) of the contract price, and a second bond to secure laborers and material men, in an amount equal to one hundred per- cent (100%) of the contract price. Price, fitness and quality being equal, preference will be given to supplies grown, manufactured or produced in California, and next preference will be given to supplies partially manufactured, grown or produced in California, all as provided in California Governmental Code, Section 4330 through 4361, which sections are incorporated herein by this reference. A time limit of forty-five (45) calendar days has been set for the completion of the work from the date of execution of the contract agreement. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, the City of San Juan Capistrano has as- certained and determined the general prevailing rate of per diem wages, and the general prevailing rate for legal holiday and over- time work in the locality in which said work is to be performed for each craft classification or type of workman needed to execute the contract for said work which contract will be awarded to the successful bidder. The general prevailing rates so determined are as hereinafter provided. Wages for trades not specifically listed, and wages to be paid for overtime and holiday work shall not be less than the prevailing rates in Orange County. Resolution No. 73-2-31-1 adopted by the City Council of the City of San Juan Capistrano sets forth in detail said prevailing rates and other information. -1- Copies of Plans and Specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the Plans and Specificat- ions for use in preparing bids may be obtained at the office of the City Clerk, San Juan Capistrano, at the address shown above. One set of Plans and Specifications is available for each General Contractor proposing to submit a bid for said work. A charge in the amount of $5.00 , non-refundable, is required for obtaining each set of Plans and Specifications. Each Bidder shall state the California Contractor's License Number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. This notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 9th day of November, 1974 -2- City C1 k City o San Juan Capistrano Orange County, California SAN ROY L. BYRNES. MAYOR JAMES K. WEATHERS, MAYOR PRO -TEM YVON O. HECKSCHER. COUNCILMAN DOUGLAS B. NASH. COUNCILMAN JOHN B. SWEENEY. COUNCILMAN December 23, 1974 Mr. Robert K. Johnson R. K. Johnson Landscaping 15544 Jacana Drive La Mirada, California 90638 Dear Mr. Johnson: MARY ANN HANOVER CITY CLERK At their regular meeting of December 18, 1974, the City Council voted unanimously to award the contract for the Trabuco Channel Irrigation and Planting Plan to the low bidder, R. K. Johnson Landscaping, in the total amount of $1920.20. Pursuant to said action, enclosed herewith are the original and one copy of the Contract Agreement which have been executed by Mayor Byrnes. Please sign both copies and return the original to this office. The second copy is for your files. Very truly yours, (MRS) Y ANN HANOVER City Clerk mh Enclosures cc: Public;Works f April 7, 1975 Mr. J. Wylie Carlyle, Recorder County of Orange P.O. Box 23'1 Santa Ana, California 92702 Dear Mr. Carlyle: With regard to the Trabuco Creek Landscaping Plan, ;enclosed are the following documents for recordation: 1, Certified tory of Resolution No, 75-4-2-2: 2, Notice of Completion. J When placed of record, please return said documents to i, this office, Thank you for your cooperation. Very truly yours, mh Enclosures cc: Public Works (!PIS) MARY ANN HANOVER fjty ^Ierl.