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1980-0522_PLANT CONTROL CORPORATION_Contract 4 BK 13618PO 387 EXErV PT- RECORDED AT THE REQUEST OF C 2 J RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto Mary Ann anovet, City Clerk San Juan Capistrano, CA 92675 City of an Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Plant Control Corporation, 16281 Construction Circle West, Irvine, California, 92714 , who was the company thereon for doing the following work, to wit: LANDSCAPING OF MISSION BELL PARK 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 21st day of May 1980 , by Resolution No. 80-5-21-7 That upon said contract the American Fidelity Fire Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 22nd day of May , 1980. Mary Ann p bVer, C ty Clerk of the City/ f�San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that 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 Orange County Recorder by said City Council. Dated at San Juan Capistrano this 22nd day of May , 1980 . RECORDED IN OFFICIAL RECORDS OF ORANGE CDUARY, CALIFORNIA �7 '3() Pam 12 hxg 281980 LEE A. BRANCH,Coara • TY COPY" corUMCT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and PLANT CONTROL CORPORATION hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN TIM PARTIES AS FOLLOWS: FIRST. CONTRACT DOCL^BENTS . The contract documents shall be conSider(-d to include the Notice Inviting; Bids , the Instruction to Bidders , the Proposal , the Bid Bond, the Non-Collusiou Affi- davit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the City and the Contractor, plans, specifications and special provisions, contract bonds , resolu- tions adopted by the City Council pertaining to the work, in- surance policies and certificates , and any supplemental. written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND, TIS: WORK. CONTRACTOR agrees to furnish all tools , labor, material , equipment, transportation, and supplies neces- sary to perform and complete in good and workmanlike manner the construction of MISSION BELL PARK LANDSCAPING Y in strict confor- mity with the Plans , Specifications and all other contract docu- ments, which documents are on file at the Office of the City Cleric, City Ilal.l , 32400 Paseo Adelanto, San Juan Capistrano, California . t� c III IRD. PAYMENT. City agrees to pay, and CONTRAC%R agrpos to accept, the lump sum adjusted for variation; of quantz�tn s titM, - c: the prices designated in bid proposal at the time and', iii_the` manner set forth in the Specifications. _ � 0 FOURTH. COMMIINCEUIENT AND COMPLETION OF T1117WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids . It is agreed that it would be im- practicable and extremely difficult: to fix the actual amount of damages , and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time ; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) a day for each day delayed; Provided that extensions of time with waiver of liquidated damages , may be granted as provided in the Specifications . FIFTH, PPRF0R1-,IANCE BOND_ AND LABOR AND MATTRIAL BOND. Contractor agrees to furnish bonds guaranteeing the performance of this con- tract and guaranteeing payment of all labor and material used under this contract, as required by the lavas of the State of Cali- fornia, on forms approved -by City. The Performance Bond shall be for an amount of one hundred percent (7.007„) of the amount of this contract and shall be conditioned on full and complete pea.•- formance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after com- pletion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (1007o) of the amount of this contract and shall be conditioned. upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Spec ifi.cations . SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGPS . Pursuant to the Labor Code of the State of California, copies of the Pro- ate of per diem wages, as determined by the Director of tbo State Department of Industrial Relations , are on file in the office of the City Clerk, 32400 Pasco Adclant:o, San Juan Capistrano, California, and .ire hereby incorporat•ed ' and made a -17- part hereof . CONTRAC'T'OR agrees that he, or any SUB-CONTRACTOR under him, shall pay not less than the foregoing specified pre- vailing rates of wages to all workmen employed in the execution of the contract . SEVENTII. INSURANCE. CONTRACTOR agrees to carry Public Liability, Property Damage, and Workmen ' s Compensation Insurance in amounts as required by the Specifications . EIGHTII. COMPLIANCE WITIi OTIIER PROVISIONS OF LAW REI..ATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California . It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same ex- tent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipula- tion that eight (8) hours labor constitute a legal day ' s work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calen- dar day during which such workman is required or permitted to work more than eight (8) 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. IAT WITNESS WIIEREOF, this contract is executed by the duly authorized agent (s) of City, pursuant to Council action., and by CONTRACTOR on the date set before the name of each. DATED: May 17 , 1979 CITY OF SAN JUAN CAjISTRANO BSMGs APPROVED AS TO FORM: KENNETH RIESO MAYOR CITY CLERK e Cit Attorney PLANT CON OL RATION C 11 DATIs'D;_ /7cY By -18- � AGENDA ITEM May 21, 1980 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion and Final Report - Mission Bell Park Landscaping (Plant Control Corp. ) SITUATION The landscaping of Mission Bell Park and the subsequent plant establishment period has been satisfactorily completed, and is now ready for acceptance by the City Council and recordation with the County. FINANCIAL CONSIDERATIONS The current payment status is: Total Project Cost $29 ,548 .93 Less 10% retention 2 ,954 . 89 Total Due to Date 26 ,594. 04 Previous payments 26 ,234. 04 Balance due $ 360. 00 The original contract price was $24 ,916 .93 and there were two change orders totaling $4 ,632. 00. There is $25 ,000 budgeted for landscaping and $30, 000 budgeted for upgrading park facilities in the Parks and Recreation Fund. ALTERNATE ACTIONS 1. Accept the project as complete. 2 . Do not accept the project. 3. Request additional information from staff. RECOMMENDATION By resolution, determine that the work has been completed and declare the work to be accepted. Direct that within ten (10) days of the date of acceptance of the Mission Bell Park landscaping a Notice of Completion be filed with the County Recorder. The total amount of work performed under this contract is $29 ,548.93 . Direct staff to release the 10% retention thirty-five (35) days after recordation of the Notice of Completion. IRespectfully submitted, W. �, x D. Murphyl / /O WDM:MG/rem NC11- A �A Encls. f0R CITY CO GEN I RESOLUTION NO. 80-5-21-7 • COMPLETION OF MISSION BELL PARK LANDSCAPING ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND ` SPECIFICATIONS FOR THE LANDSCAPING OF MISSION BELL PARK WHEREAS, on the 10th day of May, 1979, the City of San Juan Capistrano entered into a contract with Plant Control Corporation for the landscaping of Mission Bell Park; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. 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 $29,548.93. SECTION 3. That the work is hereby accepted and approved. ' SECTION 4. It is further ordered that a "Notice of t Completion�rded, on behalf of the City, in the office of the County Recorder of the County of Orange within ten (10) days of the date of this Resolution. PASSED, APPROVED AND ADOPTED this 21st day of May , 1980 , by the following vote, town: ' AYES: Councilmen Friess, Schwartze, Thorpe, Buchheim and Mayor Hausdorfer NOES: None ASSENT: None /41 G Y L/HAUSDORFER, MAYOR i ATTEST: CITY CLER 1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as, CITY OF SAN JUAN CAPISTRANO ) i I, MARY ANN HANOVER, City Clerk of the City of San Juan i Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 80-5-21-7 , adopted by i the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 21st day of May 1980 rrte�,, (SEAL) MARY ANN I!ANOVER,' CI YY CLERK _1_ AGENDA ITEM January 23 , 1980 TO: James S . Mocalis , City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Extension of Time, Change Order No. 6 - Mission Bell Park SITUATION Electrical service to Mission Bell Park was finally accomplished on January 9 , 1980 . With the electricity installed, planting and the subsequent plant-establishment period of 60 days can com- mence as soon as the weather permits. FINANCIAL CONSIDERATIONS The City can require the contractor to pay $100 per day in liqui- dated damages . ALTERNATE ACTIONS 1 . Grant a 90-day extension of time. 2. Do not grant an extension of time. 3 . Refer to staff for more information. RECOMMENDATION By motion, grant a 90-day extension of time to Plant Control Corp. for the landscaping of Mission Bell Park. Respectfully submitted, W. . W. D. Mur�. ph ,/ h WDM:MG/tw FOR CITY COUNCIL AGENDA ... y • CONTRACT CHANGE ORDLR • Change Order No. 6 Beginning, Contract Date June 14, • 197.9 Date Jan. 11, 1980 Contract Amount $ 24, 916 . 93 Project No. 6699-21 Previous Change Orders $ 4,632.00 Location Mission Bell Park This Change Order $ 0 •Plant control Corporation Adjusted Contract $ 29, 548 . 93 Item Decrease In Increase In No. Description of Changes Contract Price Contract Price 1 75-day time extension due to delay in hooking up electricity. 0 0 Change In Contract Price Due to This Change Order $ $ 0 Net Change In Contract Price $ $ 4 ,632. 00 TIME SCHEDULE: ACCEPTANCE: DATE: Total Contract Days 60 Accepted by• Amount Prior C.O. (s) 165 Amount This C.O. 90 Recommended by:-!?Z -- `,J Adjusted Contract Days 315 New Date of Completion 4-24-80 Approved by: AGENDA ITEM November 7, 1979 TO: James S . Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Extension of Time, Change Order No. 4 , Mission Bell Park Landscaping SITUATION The landscaping of Mission Bell Park is still waiting for elec- tricity to run the irrigation controller. Arrangements for service have been made and installation is scheduled for the first week in November. With the electricity installed, the other phases of work--weed germination, planting and plant establishment period--can commence. Toward this end, staff is requesting a 60-day time extension. This would extend the completion date to Pe45, -z 1980 . �D FINANCIAL CONSIDERATIONS The City can require the contractor to pay $100 per day to the City in liquidated damages . ALTERNATE ACTIONS 1 . Grant a 60-day extension of time to the contractor, Plant Control Corporation. 2 . Do not grant a time extension. 3 . Request additional information from staff. RECOMMENDATION By motion, grant a 60-day extension of time to Plant Control 2� Corp. for the landscaping of Mission Bell Park to FebxuaT 2;J 1980 . Respectfully submitted, L3 rs jok, W. : Murph Enclosure 1-7 FOR CITY COUNCIL AGENDA .. `� ' CONTRACT CHANGE ORDER. . s Change Order No. 4 - Beginning Contract Date June 14, .1979 Date October 22, 1979 Contract Amount $ 24 , 916 . 93 Project No. 6699-21 Previous Change Orders $ 2 , 182 . 00 Location Mission Bell Park This Change Order $ -0- Plant Control Corporation Adjusted Contract $ 27, 098. 93 Item Decrease In Increase In No. Description of Changes Contract Price Contract Price 1 Request for 60-day time extension due to delay in hooking up electricity. 0 0 Change In Contract Price Due to This Change Order $ $ Net Change In Contract Price $ 0 $ 0 TIME SCHEDULE: ACCEPTANCE: DATE: Total Contract Days 60 Approved by: Director o£ ubli 9orks Amount Prior C.O. (s) 165 Amount This C.O. 60 Recommended by: l(9 — 2 6-79 Adjusted Contract Days 225 New Date of Completion 1-25-80 Accepted by: Pla Co rol Corp. • CONTRACT CHANCE ORDER • ' Change Order No. 3 Beginning Contract Date 6-14-79 Date 9-27-79 Contract Amount $ 24 , 916 . 93 Project No. 6699-21 Previous Change Orders $ 0 Location mission Bell Park This Change Order $ 2 ,182. 00 Adjusted Contract $ 27 , 098 . 93 Item Decrease In Increase In No. Description of Changes Contract Price Contract Price 1 Replace above grade impact sprinklers 1 , 497 . 00 with pop-up heads . 2 Provide vandal-proof metal box for 685.00 controller. 1 Change In Contract Price Due to This Change Order $ $ 2 , 182 . 00 Net Change In Contract Price $27 , 098 . 93 TIME SCHEDULE: ACCEPTANCE: / DATE: Total Contract Days 60 Accepted by: Amount Prior C.O. (s) 105 / Amount This C.O. 0 Recommended by: 1 ¢ r)2 6 7 6 Adjusted Contract Days 165 New Date of Completion 11-26-79 Approved by: 0 AGENDA ITEM September 19 , 1979 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Extension of Time - Change Order No. 2 - Mission Bell Park Landscaping (Plant Control Corporation) SITUATION The original contract executed by the City and Plant Control Corporation was for 60 days. This did not allow for a 60-day Plant establishment period as specified on the plans. Staff is requesting a time extension of 60 days in order to reconcile the requirements of the plans for a plant establishment period, with the requirements of the contract. The park will still require to be essentially complete , i.e. , irrigation and land- scaping finished, by September 28th. FINANCIAL CONSIDERATIONS There would be no financial impact due to this change order. ALTERNATE ACTIONS 1. Grant a 60-day extension of time to the contractor, Plant Control Corporation. 2. Do not grant a time extension. 3. Request additional information from staff. RECOMMENDATION By motion, grant a 60-day extension of time to Plant Control Corporation for the landscaping of Mission Bell Park. Respectfully submitted, W. D. MurpIT9-�-� WDM:MG/rh FOR CITY COUNCIL AGENDA . ........ • • CONTRACT CHANGE ORDER • ' Change Order No. 2 Beginning Contract Date 6-14-79 , Date Sept. 5 , 1979 Contract Amount $ 24, 916 . 93 Project No. 6699-21 Previous Change Orders $ 0 Location mission sell Park _ This Change Order $ 0 Plant Control Corp. Adjusted Contract $ 24, 916 . 93 Item Decrease In Increase In No. Description of Changes Contract Price Contract Price i 1 Request for time . extension to allow { for plant establishment period. 0 0 E i Change In Contract Price Due to This Change Order $ $ Net Change In Contract Price $ $ 0 TIME SCHEDULE: ACCEPTANCE: ATE: Total Contract Days 60 Accepted by: /© Amount Prior C.O. (s) 45 ! n Amount This C.O. 60 Recommended by: ��. 9-5-79 Adjusted Contract Days 165 New Date of Completion 11-27-79 Approved by: AGENDA ITEM August 15 , 1979 TO: James S . Mocalis , City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Extension of Time - Change Order No. 1, Mission Bell Park SITUATION Landscaping of Mission Bell Park has been delayed because water and electricity were not readily available to the park. Arrangements have now been made and the contracter may now start construction. A 45-day extension of time should suffice. This would extend the completion date to September 28 . FINANCIAL CONSIDERATIONS The City can require the contractor to pay $100 per day to the City in liquidated damages . ALTERNATE ACTIONS 1. Grant a 45-day extension of time to the contractor, Plant Control Corporation. 2 . Do not grant a time extension. 3 . Request additional information from staff. RECOMMENDATION By motion, grant a 45-day extension of time to Plant Control Corp. for the landscaping of Mission Bell Park. IRespectfully submitted, W W. D. Murph WDM:MG/rkh FOR CITY COUNCIL AGENDA .... .. . O arise" Order No, i Beginning Contract �e June 14 , 1979 to July 25 , 197.9 ' -Contract Amount $ 24 ,916. 93 jest No. 6699-21 Previous Change Orders $ 0 cation Mission sell Park This Change Order $ 0 Plant Control Corp. Adjusted Contract $ 24 ,916 .43 -em Decrease In Increase In 10. Description of Changes Contract Price Contract Price 1 Request for time extension due to yj fd electrical and water system, hookups delay. nge In Contract Price Due to This Change Order $ $ t Change In Contract Price $ $ HE SCHEDULE: ACCEPTANCE: DATE: 1 Contract—Days 60 Accepted 'by: unt Prior C,O. (s) 0 PLANT CONTRO. .. CORP, ' Recommended by: unt This C.O. 45 Mar Gibson —Tf2�J7zJ usted Contract Days 45 1 . . r Date of Completion 9/27/79 Approved by: r W. D: Murphy, Director of Public Works ; • AGENDA ITEM May 16, 1979 TO: James S . Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Report of Bids on Mission Bell Park SITUATION On May 10, 1979, a bid opening was held for Improvements to Mission Bell Park, located on the east side of Tract 5657 . One bid was received from Plant Control Corporation, Irvine, California, in the amount of $24 , 916. 93 . The Public Works Department has reviewed the qualifications of this contractor and finds him qualified. FINANCIAL CONSIDERATIONS The City has budgeted funds from the Park and Recreation Fund in the amount of $27, 000 . The Engineer ' s estimated cost for this construction was $24 , 500 . ALTERNATE ACTIONS 1. Award the contract to Plant Control Corporation, Irvine, California, in the amount of $24, 916 . 93; and authorize the Mayor to execute the contract document on behalf of the City. 2 . Do not accept the bid submitted by Plant Control Corporation; direct the Public Works Department to readvertise for bids . 3. Request further information from staff . RECOMMENDATION By motion, award the contract for Improvements to Mission Bell Park to Plant Control Corporation, Irvine, California, in the amount of $24, 916 . 93; and authorize the Mayor to execute the contract document on behalf of the City. Respectfully submitted, W. D. Murphy` WDM:GA/tm FOR CITY COUNCIL AGENDA . . . . . . . / F kRRO KIANC,F FOR5TER JR L AV _NI t C, NI LCFL RANC;fo DFL AIJON ON TRAILER PARK A 267,! EA BL?I L _O 1 _10 0 AVENIDA MAR CLA FLj, SA 14 1-) PASFO AVE U I DA 0 R Q-A E.4 lmrlRAF RESFASLODCL u > 0 BLUE FIN OR. C\i 0 V1 --LIS LIVO I VO 0 1 17 ALAE I. MARINERDRIVE r 2.SEA PREEZE COURT a 3'Co'%4!"M0RE COURT 4 DRIFTWOOD COURT / 5.LIGHTHOUSE' 4 COURT ll�l - COURT -V 6-DOLPHIN 7.TERRAPIN C T 47Z E R COURT 8 OUTRIGGER -OUR 9,SURFRIDE / j R COURT SANDPIPER COURT TRADEWIND COURT '2 IIALFh'OON COURT00�\ �' '/ / 3- SOUTINViND 3. COURT REGATTA COURTCb� BUCCANEER COURT :.t,2 // , FORS ER % `J 7 2 AMERICAN FALITY FIRE INSURANCE COMPANY New York BOND NUMBER 2685148 PREMIUM: $374.00 PERFORMANCE BOND — PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS: That we, PLANT CONTROL CORPORATION as Principal, and AMERICAN FIDELITY FIRE INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of New York, and authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto: CITY OF SAN JUAN CAPISTRANO ,as Obligee, in the sum of TWENTY FOUR THOUSAND NINE HUNDRED SIXTEEN AND 93/100------- DOLLARS ($ 24,916.93 ),lawful money of the United States of America,for the payment whereof,well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH, that WHEREAS, the above-bounden Principal entered into a contract dated the MAY 17, 1979 with said Obligee to do and perform the following work, to wit: MISSION BELL PARK LANDSCAPING NOW, THEREFORE, if the above-bounden Principal shall well and truly perform or cause to be performed,each and all of the requirements and obligations of said contract set forth, then this bond shall be null and void;otherwise it shall remain in force and effect. SIGNED, SEALED AND DATED this 8th day of AUNE 19 79 PLANTNT "ORP ATION PRINCI AL BY AMERICAN FIDEL�IITY FI SURANCE COMPANY GA - PlifERSON, ATTORNEY-IN-FACT 321 (5/5) • PREMIUM: INCULDE�N PERFORMANCE BOND . , BOND NUMBER 2685148 AMERICAN FIDELITY FIRE INSURANCE COMPANY New York PUBLIC WORKS LABOR & MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, PLANT CONTROL CORPORATION as Principal, and AMERICAN FIDELITY FIRE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New York,*a auGiorized to transact surety business in the State of California, as Surety, are held and firmly bound unto: CITY OF SM JUAN CAPISTRANO as Obligee, inthesum otTWENTY FOUR THOUSAND NINE HUNDRED SIXTEEN AND 93/100------------------ DOLLARS (s 24.91 ), lawful money of the United States of America, for the payment whereof,well and truly to be made,we hereby bind ourselves,our heirs,executors,administrators,jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that WHEREAS, the above bounden Principal has been awarded and has entered into a contract dated_ MAY 17, 1979 with the Obligee to do and perform the following,to wit: MISSION BELL PARK LANDSCAPING NOW, THEREFORE, if the above-bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with repect to work or labor performed by any such claimant, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond,and also,in case suit is brought upon this bond,a reasonable attorney's fee,to be fixed by the court. This bond shall insure to the benefit of any and all persons,companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California sa as to give a right of action to them or their assigns in any suit brought upon this bond. SIGNED, SEALED AND DATED this 8th day of JUNE 19 79 LA OL ORPORATION 2 Ponci BY AMERICA ELITY IR ANCE COMPANY 8 GAR . PE BRSON, Attorney-in-Fact 322 (r/a)• AMERICAN FELITY FIRE INSURACE COMPANY WOODBURY, NEW YORK POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Fidelity Fire Insurance Company, a Corporation in the State of New York, having its principal office in Woodbury, State of New York, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 18th day of February, 1969, to wit: "The President, or any Vice-President, or other officer designated by the Board Executive Committee shall have authority, severally, to make execute and deliver a power of attorney constituting as Attorney-in-Fact such persons, firms or corporations as such officers may select from time to time," does hereby make,constitute and appoint: GARY R. PETERSON of LOS ANGELES, CALIFORNIA its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, as follows: Specifically and only on bonds executed having Guarantee indemnification of the SMALL BUSINESS ADMINISTRATION in an amount not exceeding$200,000.000,as to any one project, for or on behalf of this Company,in its business and in accor- dance with its charter, and to bind AMERICAN FIDELITY FIRE INSURANCE COMPANY thereby,and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. IN WITNESS WHEREOF,the American Fidelity Fire Insurance Company has caused thesepresentsto be signed by its President and/or Vice-President,and its Corporate Seal to be affixed. AMERICAN FIDELITY FIRE INSURANCE COMPANY Ncw v_o<` Luther H. Williams, President State of New York ) )} ss. County of Nassau On this 24th day of January,1977,before the subscriber,a Notary Public of the State of New York in and for the County of Nassau duly commissioned and qualified, came Luther H. Williams of the American Fidelity Fire Insurance Company, to me personally known to be the individual and officer described herein, and who executed the preceding instrument,and acknowl. edged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corp- oration,and that the resolution of said Company,referred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Woodbury, New York the day and year above written. v Notary Public , ELLEN K.DONOHUE s�0 NOTARY PUBLIC,State of New York i \9�n Nexi/ No.30-6070410 Qualified in Nassau County Commission Expires March 30, 1980 State of New York ss. County of Nassau CERTIFICATE I, the undersigned, Assistant Secretary of AMERICAN FIDELITY FIRE INSURANCE COMPANY, a stock corporation of the State of New York,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors,as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the said Company, at Woodbury, New York, dated this 8th day of JUNE ,19 79 ............ ............................................... ......... l+ew roves Assistant Secretary 361 200 GP (9/78) a STATE OF CALIFORNIA County of LOS ANGELES On this 8th day of JUNE in the year 19 79 , before me, a Notary Public In and for the County and State aforesaid personally appeared GARY R. PETERSON known to me to be the person whose name is subscribed to the within instrument and known to me to be the Attorney-in-Fact of AMERICAN FIDELITY FIRE INSURANCE COMPANY, and acknowledged to we that he subscribed the name of the said Company thereto as Surety, and his own name as Attomey-in-Fact. - - - - - - - - - - - - OFF1C.lAt. SEAL P E 9RAtNEN /7 NOTARY PUBLIC • CALIFORNIA r Lila MIKE CMJN!Y - W Insert. mom MAY 23. 1993 NOTARY PUBLIC 348 OP tarsi STATE OF CALIFORNIA es. County of LOS ANGELES On this 8th day of JUNE in the year 191_4_, before me, a Notary Public in and for the County and State aforesaid personally appeared GARY R. PETERSON known to me to be the person whose name is subscribed to the within instrument and known to me to be the Attorney-in-Fact of AMERICAN FIDELITY FIRE INSURANCE COMIPANY, and acknowledged to me that he subscribed the name of the said Company thereto as Surety, and his own name as Attorney-in-Fact. OFFICIAI, .,FAL NOtARY P '1 '&LiC - CA C f fFORPJIA LOS ANGELES COurf-y NOTAL MY comm. Wigs AMY 23, 7903 Am M War e a u : ' B I D P R O P O S A L For the: MISSION BELL PARK LANDSCAPING From: Plant Control Corporation Contractor ' To the Honorable City Council City of San Juan Capistrano Gentlemen: ' The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined ' the Plans and Specifications and General Conditions therefor, read the Instructions to Bidders , and is familiar with all pro- posal- requirements, and hereby proposes and agrees , if the pro- posal is accepted, to complete the said construction in accordance with the Contract Documents , as defined in Section 1-2 of the ' Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal , amounting to a total of : Twenty four thousand nine hundred sixteen and 93Z100 Dollars $24, 916 . 93 Words Figures ' Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or ' proper and the providing of: all necessary machinery, tools, ap- paratus , and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. ' If the contract is awarded the undersigned agrees to enter into a c:ont:ract with the City and to commence work within fifteen ' (15) calendar days from the date of execution thereof , and to diligently prosecute the work to completion before the expiration ' of _ 60 days . -4- ' All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, ' times the unit prices as submitted by the bidders . In case of discrepancy between words and figures , the words shall prevail . ' In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals . The estimated quantities of work indicated in this proposal are approximate only, being given solely as a basis for comparison of bids . It is understood that the City does not expressly nor by implication agree that the actual amount of work will corres•- pond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions ' of the work as may be deemed expedient by the Engineer . It is also understood by Bidder that the City of San Juan ' Capistrano has the right to reject this proposal -or to award a contract to the undersigned at the prices stipulated . If the proposal is rejected, then the enclosed check or bid bond shall be returned to the undersigned within thirty (30) days . If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council, then said check shall. be cashed or said bond declared forfeit and an amount equal to the difference between ' the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the under- signed to comply with the terms of this proposal . Accompanying this proposal is A 2, 500. 00 BIT) Amin ( insert "$ cash", cashier's check, certified check or bidder's bond, as the case may be) in an amount equal to at least ten percent (10^x) of the total bid . The following is the name and place of business of the surety company which will furnish the required bonds as surety if the ' work is awarded to the undersigned : -5 STATE OF CALIFORNIA l County of LOB ANGELES On this_ 2th day of Mei+ in the year before me, a Notary Public in and for the County and State aforesaid personally appeared GARY R. PETERSON known to me to be the person whose name is subscribed to the within instrument and known to me to be the Attomery-in-Fact of AMERICAN FIDELITY FIRE INSURANCEtheretoCOMPANY, and acknowledged to me that he subscribed the name of the aid Company as urety, and his own name as Attomeyin•Fact. OFFICIAL SEAL SANDRA K. ROSKE Z p NOTARY PUBLIC - CALIFORNIA Q LGS ANGELES t982 NOTARY PUBLIC Lly a L a* AMERICAN FIDELITY FIRE INSURANCE COMPANY E3113 BOND NEW YORK BOND NUMBER: 2685008 PREMIUM:.....B.BSU.................... BID DATE 5/10/79 KNOW ALL MEN BY THESE PRESENTS,That we,..,,,,PlaAtSWI�Tgl...QQ.r.PQXA..:Uq2A......................................... ..........I..........I.............................................................................................................................................................................. ........................................................................................................................................... (hereinafter called the Principal),as Principal, and AMERICAN FIDELITY FIRE INSURANCE CO., a corporation, organized and existing under the laws of the State of New York and authorized to transact a general surety business in the State of............... ..............................................al.ifornia (hereinafter called the Surety),as Surety,are held and firmly bound unto..,,City,,, .............. ........................................... ................................................................................................ ........................................................ (hereinafter called the Obligee) in the penal sum of....................Ten..............percent (..........10.................%0) not to exceed .... Two ...Five. ...H.un.dr.e.d..a.n.d...0.0./.1.00................... ............................ Dollars($-.2..,.5.0.0.-..0.0...................... ...... .... . .. . . .... .... .... for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for......Mission Bell Park Landscaping ........................................................................................................................ ....................................................... .......... ................................................................I......... ...................................................... ....................................................... ............................................................................................................................................. NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful perfor- mance of the said contract;or if the Principal shall fail to do so,pay to the Obligee the damages which the obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void;otherwise remain in full force and effect. SIGNED, SEALED AND DATED this.......................q.t,b.................day of............KV ................................. 19...7Q........... t ................................. PRINCIPAL By:......................................................................................... ELITY) L /A:ZCOMPANY BY ......... . ..Gary.. _.....Peterson.................... .............. ATTORNEY-IN-FACT 364 (7/7)- r AELITY AMERICAN FIRE INSUACE COMPANY WOODBURY, NEWYORK POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Fidelity Fire Insurance Company, a Corporation in the State of New York, having its principal office in Woodbury, State of New York, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 18th day of February, 1969, to wit: "The President, or any Vice-President, or other officer designated by the Board Executive Committee shall have authority, severally, to make execute and deliver a power of attorney constituting as Attorney-in-Fact such persons, firms or corporations as such officers ma}' select from time to time," does hereby make, constitute and appoint: GARY R. PETERSON of LOS ANGELES, CALIFORNIA its true and lawful attorneys)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, as follows: Any and all bonds in an amount not exceeding $50,000.00 as to any one project, for or on behalf of the Company, in its business and in accordance with its charter, and to bind American Fidelity Fire Insurance Company thereby,and all of the acts of said Attorney-in-Fact, pursuant to these presents,are hereby ratified and confirmed. IN WITNESS WHEREOF,the American Fidelity Fire Insurance Company has caused these presents to be signed by its President and/or Vice-President, and its Corporate Seal to be affixed. AMERICAN FIDELITY FIRE INSURANCE COMPANY Luth r H. Williams,President State of New York ) ss. 1} County of Nassau On this 24th day of January,1977, before the subscriber,a Notary Public of the State of New York in and for the County of Nassau duly commissioned and qualified, came Luther H. Williams of the American Fidelity Fire Insurance Company, to me personally known to be the individual and officer described herein, and who executed the preceding instrument,and acknowl- edged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signature as an officer were duty affixed and subscribed to the said instrument by the authority and direction of the said Corp- oration,and that the resolution of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Woodbury, New York the day and year above written. . P�(N M ti %`"�o q�"t Notary Public ELIZABETH M. ROSELLE NOTARY PUBLIC, State of New York \9`�v�++�`'" No. 30.8643115 Qualified in Nassau County Commission Expires March 30, 1980 State of New York SS. County of Nassau CERTIFICATE I, the undersigned, Assistant Secretary of AMERICAN FIDELITY FIRE INSURANCE COMPANY, a stock corporation of the State of New York, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors,as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the said Company,at Woodbury,New York,dated this 9 ,19 79 .t.h..day of Mx.... ...... .... ......... C�l ��\= Assistant Secretary 350 50 GP 11/7) American Fidelity FIRE Insurance Company , New York ' Licensed in accordance with an act providing for the registration of contractors -- License No. C-27 283910 Signature of Bidder : Plant Control Corporation mes P. Baier, Sales Manager ( If an individual, so state . If a firm or co-partnership, ' state the firm name and give the names of all individual co- partners composing the firm : President , secretary, treasurer and manager thereof. ) Dated : May 10 , 1979 ' Plant Control Corporation President/general manager 16281 Construction Circle West, Irv ' ne, Ca. ' Robert E. Baier Business Address 92714 Secretary/Treasurer' (714) 559-5152 Carol A. Baier Phone Number Sales manager 1 James P. Baier Further, the undersigned bidder certifies that lie has ' thoroughly checked the figures set forth in this proposal , that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. 1 May 10 . 1979 _ Oxies PSig ,k-,Fre WWi&Wger Date (714) 559-5152 , Phone Number 1 ' SCHEDULE OF WORK ' CONSTRUCTION OF MISSION BELL PARK LANDSCAPING WORK ITEM LUMP SUM PRICE (Price in Words) ( In Figures) t Furnish and install irrigation system and landscaping 'as shown on the plans and specifications complete and in place for the lump sum of Twenty four thousand nine hundred sixteem and 93/100 DOLLARS . $ 24, 916. 93 — ` James P. Baier Sales Manager May 10, 1979 Signature of Bidder Date Phone Number : (714) 559-5152 ' -6a- ' NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY ' BIDDER AND SUMITTED WITH BID ' STATE OF CALIFORNIA ) County of ORANGE ) ss . James P. Baier , being first duly sworn deposes and says that he is Sales Manager of ' Plant Control Corporation, 16281 Const . Cir. W. , Irvine, 92714 the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation ; that such bid ' is genuine and not collusive or sham; that said 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 any-- one else to put: in a sham bid , or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement , communication or conference with any one to fix the bid price of said bidder or of any other bid- der, or to fix the bid price of or cost element of such bid pri+:e, ' or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one inter- ested in the proposed contract ; that all statements contained in such bid are true ; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof , or the contents thereof• , or divulged information or data relative thereto, or paid and will not pay any fee in connection there- with, to any corporation, partnership, company, association, ' organization, bid depository, or to any member or agent thereof , or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder ' in this general. business . ' -7- ON May 1n 1979 r 19 79 e ' before me , the undersigned , a Pcotary Public in and for said State, =all areal ' Irvine. California 92714 to be the person 1 whose name is ' subscribed to the within Instrument, and acknow- ledged to me that he executed the same . ' hand and official seal . =(4OYTA SEAL ' HANE ;qLIFORNIA UNTY AUG 27, 198277 Notary Pub is in and for said State . t 1 1 _g_ , DESIGPIUM OF SUE-COURACTORS 1 ' Submit with Proposal ' In compliance with the Provisions of Section 4100-4107 of the Goverxment Code of the State of California as amended , the undersigned certifies that he has used the sub-bids of the fol- lowing listed sub-contractors in malting up his bid , and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications . It is ' understood and agreed that all those portions of the work called for in the contract documents for which a sub-contractor is not ' listed will be performed by the undersigned through his forces. If no sub-contractors are listed , all bonds and insurance will ' be written in the name of the general contractor only. ' ITEM OF WORK SUB-CONTRACTOR ADDRESS PHONE NO. None Retained 4. t' - Plant Control Corporation BIDDER' S NAME `ter A 1PORIZED SIGNATURE -9- PROOF OF PUBLI`nON This space Or the County Clerk's "ins Stamp (2015.6 C.C.P.) STATE OF CALIFORNIA, NaRECEIVED N County of Orange 7 2 38 PM X79 City of San Clemente C IT'( OF SAN JUAN U Proof of Publication of NOTICE INVITING BIDS ......................................................_.....................�.... .. I am a citizen of the United States and a resident .......... • . .. of the County aforesaid; I am over the age of ` T eighteen years, and not a party to or interested g ' in the above-entitled matter. I am the principal clerk of the printer of the San Clemente Sun-Post °r [ AW Mission Bell ftit a newspaper of general circulation printed and Inndreapiag !!ot6tiD a a •IAF lath ddyolfilayilMs � ", p � . published ..... .... ..... .daily ................................................ at May list_ ............................... ---- in the City of San Clemente o dds„ to.; Count of Orange, and which news ' County g paper has been adjudged a newspaper of general circulation by °$the� Q( the Superior Court of the County of Orange, State of California under the date of March 11, 1260, Case Number A9140; t�r that the notice, of which the annexed is a printed Annerk Hsnsver type not smaller than nonpareil copy (set int ), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ................................ s ; April 27 and May l+ ....................................................................................... all in the year 19...79 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this l+th- day of . Ma3' _..........-... /... .... 19...79... SiTgnature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 San Clemente, Calif. 92672 - Phone 7141192-5121 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS �_-..•.; �� 1�7 1, TO; DAILY SUN-POST IIelen Nielsen , Legal FOR PUBLICATION ON: FRIDAY, APRIL 27 , 1979 and FRIDAY, MAY 4 , 1979 DOCUMENT(S) TO BE PUBLISHED: NOTICE INVITING BIDS - MISSION BELL PARK LANDSCAPING (BID OPENING - MAY 10, 1979) PROOF OI'' PUBLICATION: Please send to: Office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 -7 AUTHORS ZED BY: DATE: May 19, 1.979 Date sent to paper Date proofed Date published Date affidavit received Cost NOTICE INVITING BIDS MISSION BELL PARK LANDSCAPING Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the Mission Bell Park Landscaping until 11 :00 a.m. on the loth day of May 1979 A pre-bid conference is scheduled at 10 :00 a.m. on the 2nd day of May , 1979 , at the City offices to assist contractors. 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, and may be obtained at a non-refundable charge. of $10. 00 Dated: April 19, 1979 CITY LE CITY OF AN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA N O T- 1 C. E I N V I T I N G B I D S Public notice is hereby given that the City of San Juan Capistrano will. up to 11 : 00 a .m, on the 10th day of May , 1979; receive scaled proposals or bids for the Mission Bell Park Landscaping _, in accordance with the approved plans and specifications on file in the office of the City Cleric of the City of San Juan Capistrano, City Fall, 32400 Pasco Adelanto , San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall , 32400 Paseo Adelaruto, San Juan Capistrano, California . No bid will be received unless it is made on a proposal provided within these specifications . Each proposal or bid must be accompanied by a certified check, ca.sh, cashier ' s check or bidder' s bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount . The bid check, cashier ' s check or bidder ' s bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10 : 00 a .m. on the 2nd day of _Mav 1979 , at the City offices . The con- tractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications . It is •the contractor ' s responsibility to be in attendance at this conference to receive any information disclosed during the proceedings , for the City shall not disseminate any records of the conference . Exclusive of written addenchuns and this pre-bid conference, the City shall riot be responsible for any instructions , explanations , or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. -1- The successful bidder, simultaneously with the execution of the contract, will be required to furnish a. Faithful Perfor- mance Bond equal in the amount of one-hundred percent (100%) of the contract price . The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City . A time limit of 60 (sixty) days has been set for the completion of the work, from the date of execution of the contract . BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages , as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. 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 speci- fications 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 $10. 00, nonrefundable, 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 . -2- This Notice is hereby given and Published by order of the City Council of the City of San Juan Capistrano, and is dated this 19th day of April , 1979 CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA ry -3- ij AGENDA ITEM April 18 , 1979 TO: James S. Mocalis , City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Plans and Specifications and Authorization to Call for Bids - Mission Bell Park, Alipaz and Calle Jardin SITUATION Plans and specifications have been completed for improvements to Mission Bell Park, located on the east side of Tract 5657 . Pre- liminary plans were approved by the Parks and Recreation Commission on March 19 , 1979 . Residents of the area were invited to attend and gave their general approval to the plan. FINANCIAL CONSIDERATIONS The City has budgeted funds from the Parks and Recreation Fund in the amount of $27, 000. The estimated construction cost for the proposed project is $24 , 500 . ALTERNATE ACTIONS 1. Approve the plans and specifications and authorize staff to advertise for bids for the construction of Mission Bell Park Improvements . 2. Do not approve the plans and specifications for the construction of Mission Bell Park Improvements . 3 . Request further information from staff. RECOMMENDATION By motion, approve the plans and specifications amd authorize staff to advertise for bids for the construction of Mission Bell Park Improvements . Respectfully submitted, L . � _ �� W. D. Murphy WDM:RFC/tm Enc. FOR CITY COUNCIL AGENDA . . V 3 ry HANUIO AI IFAS pq' TRAI LKA 11 PARA h 1' Q V� QA O q � @h o ... I:In •, �Ra c c9 <f nl E v --- O v qNq � N 4t 2 o Q ti Q J W < O CHARRO DR. A" MARCO F.FORSTER CAMINO JR HI Ra�,c;Io DEL A' CAMWO DEL AVION 25601DEL ON 26231 r TRAILER P, P AVI AVENIDA.__ CABRILLO - o o � a / Q' 4VENt0 sAVENIDA MARIPOSA q PEDREGAL a J p)' u H O LA F(jEN E a W J f9 a. O PASEO o j a AVENIDA a O O J �y yyyy .gCO[DNIAL J o M!RAF _ .-S RISEO DEL' SNE DR. _ Q 0 t; Ifl lD n O] � O A p — r7 C v O v LV (V P 6 aLuE FIN DR. OF. )�r-3 AVENIDA N p $ 2fDQ C z OLIVO LI — OVO �a AERCPUER�O q m VIA SOLIS 1 m 44, W o on12 v in 3 j �i,�F.1kA0 t BLADRE m° A v MARINER D IVC -7r IL 2. SEA BREEZE COURT E�+ 0 ANMNDq 3. DOCOURT ANan 4.DRIFTWOOD COURT MISSION S. LIGH DIOUSECOURT RERA 6.DOLPHIN COURT WLL L / F T. TERRAPIN COURT PARK O. OUTRIGGER COURT 9.SURFRIDER COURT 10, SANDPIPER COURT 0 II. TRADEWIND COURT 12.HALFMOON COURT ' 1� 13. SOUTHVIINU COURT 14. REGATTA COURT F Y ) BUCCANEER, COURT * C /T y r- CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORldIA PLANS , SPECIFICATIONS, SPECIAL PROVISIONS AND CONTRACT DOCUMENTS FOR THE MISSION BELL PARK LANDSCAPING 1979 CITY COUNCIL KENNETH E. FRIESS , MAYOR GARY L. HAUSDORFER PHILLIP R. SCHWARTZE JAMES F. THORPE LARRY BUCHIIEIM W. D. MURPHY DIRECTOR OF PUBLIC WORKS — CITY ENGINEER April, 1979 TABLE OF CONTENTS Contract Documents Page NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . 1 BID PROPOSAL . . . . . . . . . . . . . . . . . . . . . . 4 SCHEDULE OF WORK . . . . . . . . . . . . . . . . . . . . 6A NON-COLLUSION AFFIDAVIT . . . . . . . . . . . . . . . . 7 DESIGNATION OF SUB-CONTRACTORS . . . . . . . . . . . . . 9 INSTRUCTION TO BIDDERS . . . . . . . . . . . . . . . . . 10 CONTRACT . . . . . . . . . . . . . . . . . . . . . . 16 BID BOND (SAMPLE) . . . . . . . . . . . . . . . . . . . 19 FAITHFUL PERFORMANCE BOND (SAMPLE) . . . . . . . . . . . 20 LABOR AND MATERIAL BOND (SAMPLE) . . . . . . . . . . 21 STANDARD DRAWINGS I )STRUCTION TO BIDDERS Securing Documents Plans , specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids . " Examination of Plans Specifications and Site of Work The bidder is required to examine the site of work, the proposal, the plans and the specifications very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents . The plans for the work show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are actually existent, nor shall the City or any of its officers or agents be liable for any loss sustained by the Contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. Interpretation of Drawings and Documents If any bidder should find discrepancies in, or omission from, the drawings, specifications or other proposed contract documents , or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a re- quest shall be responsible for its prompt delivery. In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly and fully set forth, or if the L'ngineer discovers errors , -10- omissions, or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Be- fore submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. Disqualification of Bidders No person, firm or corporation shall be allowed to make , file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or cor- poration who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not, hereby disqualified from submitting a bid in his own behalf . Proposals Bids to receive consideration shall be in accordance with the following instructions : A . Bids shall be made only upon the forms provided within these specifications ; all bid items shall be properly filled out ; bid prices shall be stated both in words and in figures ; and the signatures of all persons signing shall be in longhand . Where there is a conflict in the words and the figures , the words shall govern. -11- B. All prices and notations must be in ink or typewritten. No erasures will be permitted . Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid . C. Bids shall not contain any recapitulation of the work to be done . Alternate proposals will not be considered except as required hereinabove . No oral , telegraphic or telephonic proposals or modifications will be considered . D. The City may require any bidder to furnish a statement of his experience, financial responsiblity, technical ability, equip- ment and references properly and fully filled out . ,. E. Each bidder shall list his proposed sub-contractors on the form accompanying the proposal in accordance with the pro- visions of the specifications . F. Each bidder must accompany his bid with either a cashier' s check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City for such a sum of not less than ten (10) percent of the aggregate sum of the bid , which check or bond and the monies represented thereby shall be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds . The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents, such check or bond , and the money re- presented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract , said surety will pay to the City the damages which the City may suffer by reason of such failure , not exceeding the sum of ten (10) percent of the amount of the bid . A bid received and not accompanied by such cashier' s check, certified check or approved bond shall be rejected . -12- G. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids . " Bids shall be enclosed in a sealed envelope bearing the title of the work and the name of the bidder. Licensing of Contractor All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind . Withdrawl of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for re- ceipt of bids . Opening of Bid Proposals The City will, in open session, publicly open, examine, and declare the bids at the time set forth in the "Notice Inviting Bids . " Bidders or their authorized representatives are invited to be present . Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids . The con- tract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids , The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids . " The City, however, reserves the right to reject any or all bids and to waive any nonconformity in the bids received. -13- The bidder to whom the award is made shall execute a written contract with the City and furnish the stipulated bonds and bid breakdown within fifteen (15) days after the notice of award of contract . The contract shall be made in the form adopted by the City. The release of the successful bidder 's surety deposit, as previously stipulated, shall be made upon the City ' s acceptance of the Labor and Materials Bond and the Faithful Performance Bond . If -the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder ; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made . A corpora- tion to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do SO . Bonds The successful bidder, simultaneously with the execution oj' the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (10070) of the total amount payable by the terms of the contract and a Faithful P rformance Bond in a sum not less than one hundred percent (100°/6) of the amount of the contract . Said bonds shall be secured from a surety company satisfactory to the City . Surety companies , to be acceptable to the City, must be authorized to do business in the State of California and be on the accredited list of the United States Treasury. Time of performance The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently prosecuted until completion. A time limit of sixty -14- ( 60) calendar days from the date of execution of the contract has been set for completion of the work. The Bidder's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages . i Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof , or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. Workmen and Wages Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages . Wages shall not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids . " Building Permits It shall be the Contractor 's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project . No extra compensation shall be made therefore. -15- • • �' � (SAMPLE) � . BID BOND KNOW ALL MEN BY THESE PRESENTS, that we , , as Principal, and existing under the laws of the State of , and whose principal office is located in the City of , as surety are jointly and severally bound unto the CITY OF SAN JUAN CAPISTRANO of Orange County, California, in the sum of DOLLARS ($ ) , lawful money of the United States of America to be paid to the said CITX OF SAN JUAN CAPISTRANO, for which payment well and truly to be made , we bind ourselves , our heirs , successors , executors , adminis- trators and assigns, jointly and severally, by these presents . THE CONDITION OF MIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 19^_, for the construction of for the CITY OF SAN JUAN CAPISTRANO, Orange County, California , NOW, THEREFORE , if the Principal shall not withdraw said bJ.d within thirty (30) days after the opening of same , and shall within fifteen (15) days after the agreement has been presented to him for execution enter into a written contract with the City in accordapee with the bid as accepted , and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the, faithful performance and proper fulfillment of such contract and for the protection of laborers and materi- almen, or in the event of the withdrawl of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount: Specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect , otherwise to remain in full force and virtue . IN WITNESS WIIEREOF the above-bounden parties have executed this instrument under their several seals this day of 19 , the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (if individual) PRINCIPAL By ATTEST (if corporation) Title Title Corporate Seal SURETY ATTEST By Title Title Corporate Seal -19-- 1 32400 PASEO ADELANTO y 0 SAN JUAN CAPISTRANO,CALIFORNIA 92675 PHONE 4931171 \ ..,= O. a -;/ • / May 29, 1980 Plant Control Corporation 16281 Construction Circle West Irvine, California 92714 Re: Completion of Mission Bell Park Landscaping Gentlemen: Enclosed is a copy of Resolution No. 80-5-21-7, which was adopted by the City Council at their meeting of May 21, 1980. The Resolution accepts the work completed for the landscaping of Mission Bell Park. The Council directed that the balance due in the amount of $360.00 be payable immediately. The 10% retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on May 28 , 1980; therefore, the final payment in the amount of $2, 954 . 89 may be released on July 2 , 1980. Very truly yours, (MRS) MARY ANN HANOVER, CMC City Clerk MAH/cj Enclosure cc: Director of Public Works Administrative Services 12400 PASEO AOELAN70 I SAN JUAN CAPISTRANO.CALIFORNIA 92675 ��� r, A ., PHONE 49]-1171i . s baa CITY i1 Of SIAM JJJAN CA,PJSTRANG May 23, 1980 Recorder' s Ofi'ice County of Orange P.O. I3ox 238 Santa Ana, California 92702 Re: Notice of Completion - Mission Bell Park Gentlemen : The following document(s) is enclosed for records:tion: Notice of Completion of work - landscaping of Mission Bell Park (Plant Control Corporation) When placed of record, please return said document (s) to this office. Enclosed also is a duplicate copy of this letter. Please stamp Bool. and Page Nwnbers and date of recording on the letter and return it to this office in the enclosed stamped, self-addressed env010pe at your earliest convenience. Thank you for your cooperation. Very truly yours, (Mrs . ) Mary Bun Hanover City Clcrk MAH/ DOCUMENT NUMBER .2 E 3S Enclosures BOOB NMIBER % 3 G lff PAGE NUL'!BBS 3 87 ------ DATE I?uC i / 32400 PASEO ADFLANTO SAN JUAN CAPISTRANO,CALIFORNIA 92675 ,h PHONE 493,1171 January 28, 1980 Plant Control Corporation 16281 Construction Circle West Irvine, California 92714 Re: Mission Bell Park Gentlemen: At their meeting of January 23, 1980, the City Council approved Change Order No. 6, an extension of the contract date to April 24 , 1980. If you have any questions, please do not hesitate to call. Very truly yours , 71 (MRS) MARY A14N 11ANOVER City Clerk MAH/cj cc : Director of Public Works i '"F ANTO SAN JUA,. CAPISTRA:.O.CALIFORNIA 92675 a PNC� '. .:?31171 November 9 , 1979 Plant Control Corporation 16281 Construction Circle West Irvine, California 92714 Re: Change Order No. 4 - Mission Bell Park Landscaping Gentlemen : At their meeting of November 7, 1979, the City Council approved Change Order No. 4 for the Mission Bell Park Landscaping contract, which extends the completion date to January 25; 1980. If we can be of any further assistance, please do not hesitate to let us know. Very truly yours, (MRS) MARY" ANN HANOVER City Clerk MAHJcj CC: Director of Public Works t32400 PASEO AOELANTO SAN JUAN CAPISTRANO.CALIFORNIA 92675 'PHONE 993.1 177' September 21, 1979 Plant Control Corporation 16281 Construction Circle West Irvine, California 92714 Re: Extension of Time - Mission Bell Park Landscaping Gentlemen: At their meeting of September 19, 1979, the City Council granted a 60-day time extension, to November 27, 1979, to allow time for plants within the park to become established. If you have any questions, please do not hesitate to call. Very truly yours,, (MRS) MARY ANN HANOVER City Clerk MAH/cj cc: Director of Public Works 14 �l� <�;�rrir ,�rrrrr (���r.JGrrrrr� 32400 PASEO ADELANTO SAN JUAN CAPISTRANO,CALIFORNIA 92675 PHONE 493.1171 August 16, 1979 Plant Control Corporation 16281 Construction Circle, West Irvine, CA 92714 Gentlemen: Subject: Extension of Time - Mission Bell Park At their meeting of August 15, 1979, the City Council granted a 45-day extension of time to your company for comple- tion of the landscaping of the Mission Bell Park. The new completion date for the project is September 28 , 1979 . Very truly yours, (MRS) MARY ANN HANOVER City Clerk MAH:nb cc : Director of Public Works CER,�IFICATE OF INSUR/CE u This Certificate of Insurance neither affirmatively or negatively amends, extends or alters the coverage afforded by policy nuorti listed below. ❑ GULF INSURANCE COMPANY ATLANTIC INSURANCE COMPANY ❑SELECT INSURANCE COMPANY INS. CO. OF THE PACIFIC COAST EXECUTIVE OFFICES, GALLAS, TEXAS CERTIFICATE ISSUED TO: I F Cit of San Juan Capistrano NAME Corp. , et al NAME y P INSURED Plant Control and 32400 Paseo Adelanto and 16281 Construction Circle West ADDRESS San Juan Capistrano, CA 92675 ADDRESS Irvine, CA 92714 L_ Attn: City Clerk J L J The Insurance afforded is only with respect to such of the following Parts designated by an "X'r in QX POLICY POLICY KIND OF POLICY LIMITS OF LIABILITY NUMBER PERIOD Elf. Provided by Workmen's Compensation Law E. WORKMEN'S COMPENSATION ;� States of GA599 11 00 Elf. 5/16/79 COMPREHENSIVE GENERAL LIABILITY INSURANCE. . . . . . . xx m Eno. 5/16/80 OWNERS'. LANDLORDS' AND TENANTS' LIABILITY INS. . . . ., MANUFACTURERS' AND CONTRACTORS' LIABILITY INS. . . . CONTRACTUAL LIABILITY INSURANCE . . . . . . . . . . . . . . COMPLETED OPERATIONS AND PRODUCTS LIABILITY INS. . E] EACH PERSON EACHOCCURRENCE AGGREGATE Bodily Inlpry Liability s 500 000. s 500 000. Property Damage Liability s 500,000; a 500 000, Combined Bodily Injury and Property Damage Liability a $ GA599 11 00 Lit. 5/16/79 COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE . . . . Exp, 5/16/80 Bodily injury Liability $ s Property Damage Liability a —r. Combined Bodilv Injury and Prop jy Damage Li phi hfy 5 En. BUSINESS AUTO POLICY. . . . . . . . . . . . ❑ ^ BASIC AUTOMOBILE LIABILITY INSURANCE. . . . . . . . . . . . . . . . . ❑ Exp. ❑Owned Automobiles Combined Single Limit s ❑ Hired Automobiles Bodily Injury Liability ❑Nom Owned Automobiles Property Damage Liability s ' FII. MULTI-PERIL LIABILITY . . . . . . . . . . . . . L7 ^ EACH OCCURRENCE AGGREGATE Exp. Bodily Injury Liability $ 5 Property Damage Liability s s Combined Bodily Injury and Property Damage Liability $ s ER. AUTOMOBILE PHYSICAL DAMAGE . . . . . . . . . . . . . . . . . 11 COVERAGE AFFORDED DESIGNATED BY AN "X" Exp. COMPREHENSIVE COLLISION Ftre. T Comb. Le Ligh Gng H Add'I. DESCRIPTION OF VEHICLE ACV Detlucnble ACV DedE Co uctsbte Tra&rt FKarl RE: MISSION BELL PARK LANDSCAPING T 2. 3. 4. 5. REMARKS: Use Other side. 10 days prior In the event of any material change in, or cancellation of, said policies, the Company wIIUXA6%66%(%XdCgiyVwritten notice to the party whom this certificate isrss�ed XU4X74k%4E X4C9GX9.'i4i:%%-0QD4%%9C10Yd7QD(96%X9C%9754%9C9QXd69Q9CCQ�C%9(tX�%965(I%dF7C0(E1Q%M%7�4DFjfX9FX,*p)xMR9CX-') x1x(9P7C7PR%D@SPXX (Dace) 6/12/79 1n AGENT'NAME F—0. J• Brown Company � and 2500 Wilshire Blvd. , #904 ADDRESS LLos Angeles, CA 90057 J By ._ 0, J. Brown AUTHORIZED REPRESENTATIVE AGENT—COPY MUST BE MAILED TO COMPANY ON DATE OF ISSUE 449(6-78) EEMERGE* INSECTS WEED CONTROL « IN FUMIGATION PCO 3012 /PCA 2173 PLANT CONTRC UU MRP. L"Oapet !Qp 4 &C*l r 0 SAN ')uAN CAP IS7RAN : June 4, 1979 City Clerk - City of San Juan Capistrano 32400 Pasco Adelanto San Juan Capistrano, California 92675 Attention: Kathy DuCong Dear Gentlepersons: Regarding the contracts and related forms for Mission Hell Park, we are currently working very hard to execute the documents in the 15 day period prescribed in your face letter of May 18, 1979. However, due to a mail delay of five days and the following holiday weekend, we are somewhat pressed for time. I advised Mary Ann Hanover of this by telephone on May 23, 1979. Your understanding in this matter is greatly appreciated. Sincerely, Baier, Sales Manager JH/ss Y 16281 CONSTRUCTION CIRCLE WEST, IRVINE, CALIFORNIA 92714 STOL ONIZING " (714) 5S9-S1S2 FERTILIZING C27.283910 EROSION CONTROL HYDROSEEDING :3t-Ord 3NOHd SS3aaab 31NVN WIP 00 At - 6L w 101 �91vtMlod '/SNo,ldD)jl»d* 00.0(*