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
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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.
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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.
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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.
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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
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RECORD/
NOES:
WHEY, REP'ORDED MAIL TO: RE STEP 6Y -
DOCUMENTARY TRANSFER
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,City of San Juan Capistrana � 6JS8
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Office of the City Clerk
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32400 Paseo Adelanto RESOLUTION NO. 75-4-2-2
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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
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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
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MEMORANDUM
TO:
FROM:
SUBJECT:
ermrrATMN-
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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
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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
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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.