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1988-0621_CAPISTRANO VALLEY LANDSCAPE_Contract (3) � . ' wity Copy" CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and Capistrano Valley Landscape hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 1985 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council pertaining to the work, insurance 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. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the maintenance of City Parkways in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting -14- Bids. It is agreed that it would be impracticable 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) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR 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 California, on forms approved by City. The Performance Bond shall be for an amount of 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 (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the Aork covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay City such sum as the Court mai judge as reasonable for the legal services of any attorney representing the City in and action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by City in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. 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 offices of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or -15- any SUB-CONTRACTOR under him, shall pay not less than the foreqoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the City and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this construction agreement. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE 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 extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation 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 calendar day during which such workman is required or -16- 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. IN WITNESS WHEREOF, 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. CITY OF SAN JUAN CAPISTRANO DATED: .Tune 21. 1988 BY: M OR GARY L. HAUSDOR R BY: C RACTOR ATTEST: Mary Ann nover, City Clerk APPROVED AS M: John R. Sha t City Attorney -17- �VA* COPY sectile MEMBERS OF THE CITY COUNCIL r ' ANTHONY LBLAND LAWRENCE F. BUGNNEIM Iii' niJuu HiJ KENNETH E. FRIESS IAHIu+IJ 1961 GARY L. HAUSOORFER 176 PHILLIP R. SCHWARTZE �I�� E + • CITY MANAGER II '� STEPHEN B JULIAN Jure 24, 1988 Capistrano Valley Landscape 33826 Via de Agua San Juan Capistrano, California 92675 Re: Award of Contracts - Landscape Maintenance Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held June 21, 1988, awarded the following contracts for landscape maintenance to your company City Parkways in the amount of $107,040 for the two-year contract; Landscape Districts in the amount of $68,400 for the two-year contract. Enclosed are fully-executed copies of the Agreements for your records, We have received all bonds and insurance. Please return an acknowledged copy of this Notice of Award. Thank you for your cooperation, If we can be of further assistance, please call. Very truly yours, Mary Ann Ha er, CMC City Clerk MAH/mac Enclosures cc: Director of Public Works Director of Administr [ive Services Receipt fore i Notice of Award is hereby acknowledged: By This _5 day ofC! i�, 1988. 32400 PASEO AOELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 926715 0 (714) 493-1171 0 'I MEMBERS OF THE CITY COUNCIL ANTHONY L BLAND LAWRENCE FRIES$ EIM F Iri na lil KENNETH E. OORF 6ER 17 a t86I GARY L. R. SCHWARTZ III6 �I PHILLIP R. SCHWARTZE I �L + , • CITY MANAGER A' STEPHEN B JULIAN June 27, 1988 Mr. Ron Johnson Capistrano Valley Landscaping d Maintenance 32306 Linda Vista Laguna Niguel, California 92677 Re: Landscape Maintenance - City Parkways Dear Mr. Johnson: The executed contract, required bonds and insurance for the Landscape Maintenance of City Parkways, awarded to your company by the City Council at its meeting of June 21, 1988, have been received in this office. Enclosed, please find your Cashier's Check No. 17814, in the amount of $7,172.00 from Farmers & Merchants Bank, submitted as the bid bond for the above-mentioned project. Thank you for your cooperation. Very truly yours, i 324 'G�a Mary Ann Hanover, CMC City Clerk - MAH/dors Lnclosure cc: Ron Sievers, Public Aorks Superintendent �p� Cashier's Check No. 17814 in the amount of $7,172.00 received this p day of June, 1988. I Capistrano Valley Landscaping G Maintenance i[400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 4931171 BID PROPOSAL • For the: MAINTENANCE OF LANDSCAPING VARIOUS CITY PARKS, PARKWAY AREAS, AND SPECIFIED CITY FACILITIES From: l_�F l 1 Vh �4 R g4j L-h ub u t z— 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 proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete the said maintenance 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: City Parks kj/ W ds Figures City Parkways 3Wor hue d 't SF✓E�/ %fl1�wSld� �L'1 ,,Figures �4o�L kyr City Facilities 06en 'IAOk f n y� Words Figures Ti�)krl J)'V 1-+'-t'AA0Z 34..1 `"rte 1y� 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, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifica- tions or the drawings for the work. It is the intent of the City of San Juan Capistrano, that each of 3 individual lump sum items, identified as City Parks; City Parkways; and City Facilities be bid individually, and that the lowest qualified bidder on each item be awarded the contract for that particular item. The contract(s) will not be awarded based on the lowest cumulative bid for the total of all three items. • -3- • If the contract is awarded, the undersigned agrees to enter into a contract 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 two years (730 calendar days). 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 the 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 correspond 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 Director of Public Works. 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 any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. 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 undersigned to comply with the terms of this proposal. Accompanying this proposal isSEU[rl-7-✓-00l (Insert ttcash", cashier's check, certified check or bidder's bond on the forms from Pages 18 and 19 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. • -4- • 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: C ftrsw\Cfc jA1.- s ,c on/ &),W AWz v 31yo eAApk j Licensed in accordance with an act providing for the registration of contractors -- License No. gr0--) D gnat r of Bi er: /1 (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.) c A p l r-r1tX-� v A L-k-OV L-t1 / 3J-h6 TAA v is 7-A �N Dated: S l f >� L-A & tJYt/3 tip'�+4� 6A ez.24 7 7 BusinJe1ss Address 2 Dated: 71 6/ Y 391 Telephone Number • Further, the undersigned bidder certifies that he 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,� Dated: Signature of dder Dated: ��,2 3r�� tT—elephone Number • -5- BID SUMMARY MAINTENANCE OF SPECIFIED LANDSCAPING City Parks Total annual cost $ t7- — Times two (2) years x 2 Total bid for two (2) years $ Insert this information on the bid proposal on Page 3, on the line "City Parks" City Parkways Total annual Cost $ S 3 5 Times two (2) Years x 2 Total bid for two (2) years $ 10`l a b i Insert this information on the bid proposal on Page 3, on the line "City Parkways". City Facilities Total annual cost $ Times two (2) years x 2 iTotal bid for two (2) years $ Insert this information on the bid proposal on Page 3, on the line "City F ' i les. 2 IGNATUR OF BIDDE 3a-ap� akmix i A ADDRESS TELEPHONE • -6- NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY • BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ss. County of m�f�i1lat ) Re tl�iZl� being first duly sworn deposes and says that he is 6L,Jo of AL it V , L,LVL 41 i,I F 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 sharp; 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 anyone 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 bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested 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 therewith, 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 h e a partner ip or other financial interest with said bidder in this general business. DATED: S ' GNATUR£ On this the day of y/) y 19 Q1' before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. OFFIGAL BEAT JILL N IIILYARD NOTARY PV8LIC-C/J.IF0RNIA PRINCYPAL OPFICE IN 9 OUN WITNESS my hand and official seal. MY CONNis3I0N D%PNGCEC. s,Y199B Notary Public :n and said State -7- DESIGNATION OF SUB-CONTRACTORS I • Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub-bids of the following listed sub-contractors in making 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 Director of Public Works, 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. 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 DDER' ME l UTHORIZE URE • -8- 653 03 CERTIFICATE HOLDER 12/14/32 DECOATIONS COMMERCIAL VEHICLE POLICY RENEWAL DECLARATION * PLEASE PAY THE PREMIUM RENEWAL OF POLICY INDICATED ON THE INVOICE BELOW BY 02/19/89 C 3815653 POLICY NUMBER =soM Pc�CY PER oo 0 AGENT — TELEPHONE NUMBER AGENCY C 3815653 102/19/891C)8/19/89 1 714— 492-5115 2694 NAMED INSURED AND ADDRESS AGENT CAPISTRANO VALLEY LANDSCAPE ISLANDIA INS SRVS 2694 MAINTENANCE INC SUITE B P 0 BOX 1437 125 W EL PORTAL SAN JUAN CAPISTRANO CA 92693 SAN CLEMENTE CA 92672 •* COVERAGES LIMITS OF LIABILITY ODILY INJURY $100 , 000 EA PERSON $300 , 000 EA ACCIDENT R0PERTY DAMAGE $50 , 000 PER ACCIDENT * * CERTIFICATE HOLDER * * CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 r� yy;nt C A=ye m v O C7O C� OP-44L 404/871 ;'Me newmp�1F' MILEAGE LIMITATION ENDORSEMENT In consideration of the premium charged in the policy, it is hereby understood and agreed that coverage is null, void and of no effect if regular or frequent trips are made, during the course of business, outside a 50 mile radius of the principal garaging point as stated in the Declarations. The terms of this endorsement will not apply with respect to the interest of any lessor or loss payable named on the policy. Nothing herein contained shall be held to vary, alter, waive or extend any terms, limits of liability, conditions or exclusions of the policy to which this endorsement is attached, other than as stated above. Financial Indemnity Company Secretary President This endorsement must be attached to the revision Declarations when issued after the policy is written. U-24 (03186) DECOATIONS COMMERCIAL VEHICLE POLICY REINSTATEMENT OF POLICY EFFECTIVE 02/19/89 RENEWAL OF POLICY C 3815653 POLICY NUMBER 'OL' 'E m° � AGENT - TELEPHONE NUMBER AGENCY C 3815653 02/19/89 8/19/89 714- 492-5115 694 NAMED INSURED AND ADDRESS AGENT CAPISTRANO VALLEY LANDSCAPE ISLANDIA INS SRVS 2694 MAINTENANCE INC SUITE B P 0 BOX 1437 125 W EL PORTAL SAN JUAN CAPISTRANO CA 92693 SAN CLEMENTE CA 92672 * COVERAGES LIMITS OF LIABILITY ODILY INJURY $100 , 000 EA PERSON $300 , 000 EA ACCIDENT ROPERTY DAMAGE $50 , 000 PER ACCIDENT * * CERTIFICATE HOLDER * * CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA ��/fin 92675 ui oa—aac 94/e7) C 3815653 03 CERTIFICATE HOLDER 0541 -1/99 99 DECOATIONS t ✓�� COMMERCIAL VEHICLE POLICY REINSTATEMENT OF POLICY EFFECTIVE 05/18/89 RENEWAL OF POLICY C 3815653 POLICY NUMBER FFOM Pcrncr 1Ee1a TO AGENT — TELEPHONE NUMBER AGENCY C 3815653 02/19/89 08/19/89 714- 492-5115 694 NAMED INSURED AND ADDRESS AGENT CAPISTRANO VALLEY LANDSCAPE ISLANDIA INS SRVS 2694 MAINTENANCE INC SUITE B P 0 BOX 1437 125 W EL PORTAL AN JUAN CAPISTRANO CA 92693 SAN CLEMENTE CA 92672 i COVERAGES LIMITS OF LIABILITY ODILY INJURY $100 , 000 EA PERSON $300 , 000 EA ACCIDENT PROPERTY DAMAGE $50 , 000 PER ACCIDENT * * CERTIFICATE HOLDER * * CITY OF SAN JUAN CAPISTRANO Q) 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 G HT1 2rn < Z = J 37 C.D 0 -4aL f04/8T ?3a. +i x 03-07-89 ISLANDIA INSURANCE SERVICES, INC, x 125 W. EI Portal, Suite B San Clemente,CA 92672 (714)492-5115 ,_" f.�CYVERAGE WEST AMERICAN INS. CO. CAPISTRANO VAL;.EY LANDSCAPE & MAINTENANCI,., INC, - - - PO BOX 1437 SAN JUAN CAP1S1'RANO, CA 92693 �Hlb- :h'RTI ^i .! Fi '.E":R "H'-POLICY PERIO�INO�t'- rEC C ,4=r+1 TH;S CER7'191 t;T,:f{AY •> TF,Tb$ ERC . ._ L'JSIONS nne�:.OwD: - „ - - -�:IXTS IN THOUSANDS - Q. -_. . �$11000. X F ,I,ip �$1,000f._ X $11000, X $1,000, i$50, A, _ ___ _ _ _ BHW 9050090738 01-01-89 01-01-90 -� - -- k 1 i_./1"1 $ fhY J x `,nbUC: $ .. , --- �FXCES l AB,L TY � r ec e e JfI:L�P. tV,c — fie, i$ I o ,_ L i�TOR` WORKERS con '::Ns,r r. 1$ 1,000, o A AND XWW 9050090738 01-01-89 01-01-90 - - — F EMPLOYERS -'AB!I.ITp"— '$ 1 000 — OTHER DESCRIP?ION OF OPERA"ION.Irl C 3,/E C.P i'RE5TJ' i .J!-ITEMS MAINTENANCE OF D]�STR{ICT 1 l ` .ESI IDhft ?idt 'Nllill�ikl: I HI ,P�IHOULD�Y OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX CITY OF SAN JUAN CAPISTRANO PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ` K0(4Mxxx9c 32400 PASEO ADELANTO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN JUAN CAPISIRANO, CA 92675 = LEFT, rfirfaxn ' IL'THORIZED REPRESENTATIVE J.L. COBB 1wnK t/A I --f qrqf 1!Tmr"-'!,Is T _77 T Iff 71711T.; I I-10-89 Eli I 1 t;R 11 S >UEG "s T NIA, FOR NO CONFERS '. -:11 U 10N HE k�EPT:: :CAT HOLT El I 41S IFATIFICATE DOES NOT AMEND, x LF'if� 7:t', A L,ril Tlr.,-� '+T ORS F5 BY THE POLICIES BELOW N11 FOR IN I ISIANDIA JNSURANCE SERVICES, INC. 125 W. El, PORTAL, STE. B SAN CLEMIT"tNTE, CA 92672 COMPANIES AFFORDING COVERAGE (714) 492-5175 M1111 WEST AMERICAN INS. CO. I, -AN' c— LE CAPISTRANO PALLETLANDSCAPE & -E- EET c MAINTENANCE, INC. PO BOX 1437 ..F TFR El SAN JUAN CAPISTRANO, CA 92693 --- r" '3( VIA!,I` E LE R I his AIM I M111111 suiff ul 1A THIS IS TO CERT I f I I F CG S OF It! RAN -1: TED BI L,:t HAVE' I-EN ISS J--D TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANE I G I h RE AJ I4:-NIENT Ulm I :C 4017111 q :I ANY C IN�RACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR Mn' I �' Ail , T-E.14SUF i I'CF 4 OF DED it 1'*J POLIC 'Zi"IESCIR-SED HEREIN IS SUBJECT TO AI-L THE TERMS,EXCLUSIONS,AND I ONDN TIONS OF SUCH I )l 1 '3. F 1 4 11 C, I �YNJLN43EE �POLI �,PYFGCH\E PO IU,FXFIRAT:ON A'L LIMITS IN THOUSANDS COCR) Ty.-—0-- )�q 4MDI OATE,AM,OT'CY) 6LNERAIL�GGRz,A7F '!1 000 6"EG COMMERCIAL(i N uLIN Ili Y �RODOCTSTN(P OPS ACGRE,ATE $1 000 D AIMM, P I XX] I al O(z PERSONA AovER' NTir,jp'y $1 000 XX UNGER T&CCN 1C K FRO-1:11V $I 000 A FIRE DAMAGE ANY BNr EIRE -$50. MEDICAL EXPFNSE(ANY ONE PERSOD, BHW 9050090738 01-01-89 01-01-90 AUTOMOBILE LbLA IL T ANY AUTO CSL $ L OWNED Al I r I' TOD LY AUuRy 1611DILE1 A I I)l Xit PERSON! $ R T' RED AUTOS NINJUROILY Y ION OWNED Al I r)E [2C'1OENTI GARAGE I IABIL ]PROPERTY $ EXCESS LIABILITYOGG EACH AGGREGATE URRENCE OTHER THAN U Ai,R -0, ORt I WORKERSUCOA,Pt:KSATI(III $ 1,000, (EACH ACCIDENT) A AIC. XMI 9050090733 01-01-69 01-01-90 I$ i,000, ()GEASE POL0 LIMITS EMPLOYERS LIABILITY I$ 1,000, tDISEASE EACH EMPLOYEE) OTHER DESCRIPTION HE,31ERIGToN� SPECIALITENIS MAINTENANCE OF DISTRICT I. 41 CELLATION S� 01TIT$11T01"y Zmmmm P' 10 LEFT, ME SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEF ETHE EX CITY OF SAN JUAN CAPISTRANO PURATION DATE THEREOF, THE ISSUING COMPANY W(LLyK%qFMy ,3A 32400 PASEO ADE�LANTO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN JUAN CAPISTRANO, CA 92675 IRIACORD CORPORA71ON 1965 ORM 25-5 [3/88] ------- CERTIFICATE OF-INSURANCE-- I ISSUE DATE: 08-08-88 --------------- ----- ------------------ RODUCER ITh is certificate is ued as a matter of inform SLANDIA INSURANCE SERV. lation only and confers no rights upon the certi- 25 W. EL PORTAL, STE. B Ificate holder . This certificateO@ ,pot amend; lextend or alter the coverage afford below. 2672LEMENTE, CA COMPANIES AFFORDING ER G� ��__E-1PKTR------ ] LETTER A WEST AMERICAN INSURANQjrryCLOrRK ODE SUBCODEI ------------------------------6Kr- ftfjgtNT---------- _________________________ILETTER B FINANCIAL INDEMNITY�F,,4KPA'NYAN ----- +-----------------------------=---- S84N1.-------- INSURED ILETTER C Capistrano Valley I ------------------------------------------------ Landscape & Ma.int. , Inc. ILETTER D .0. Box 1437 1 ------------------------------------------------ an Juan Capistrano, Ca. 92693 ILETTER E OVERAGES: This is to certify that policies of insurance listed below have bee issued to the named insd , for the policy period indicated; notwithstanding any rgrmnt; term or Gond. of any contract or other document with respect to which this which this certificate may be issued or may pertain; the insurance afforde by the policies described herein is subject to all the terms; exclusions; and onditions of such policies. Limits shown may have been reduced by paid claims. ------------------------------------------------------------------------------- LITYPE OF INSURANCE I POLICY NUMBER JEFF DATEIEXP DATEIALL LIMITS IN THOUSAND --------------------+----------------+--------+------------------------------- ENERAL LIABILITY I I I IGENERAL AGG J $1 ,000 [X}Commercial GL {BHW (89) 50090738 108-16-88 { 01-01-891PRD-CMP/OP AGGJ $1,000 [ I ] Claim [X]Occurl I I ] PER & ADVT INJJ $1,000 [X]Ownrs/Cntr Prot I I I JEACH OCCURENCEJ $1,000 [ ] I I I IFIRE DAMAGE J $ 50 [ ] 1 I 1 IMED EXPENSES J $ 5 UTOMOBILE LIABILITY I --------------------------------------------------------- [ ] Any Auto I I I ( CSL I $ J [ ]All Owned Autos I I I I ----+----------- I 3 [X] Scheduled Autos IC 3815653 108-19-88102-19-891BI/PI $100,000 I [ ] Hired Autos I I I I ----+----------- I [ ] Non-Owned Autos I I I IBI/AI $300,000 I [ ]Garage Liabilityl I I I ----+-----------I [ ] I I I JP.D. J $ 50, 000 1 XCESS LIABILITY J ----------------+-----------------+---------------------- [ ] Umbrella Form J J I 1 1 $ 1 [ } Other than Umb { 1 { 1 I /Occur I Aggreg ORKERS' COMPENSATION1 ----------------+--------+-------- ( Statutory ---------- AND EMPLOYERS ' JXWW (89) 50104813 101-01-88101-01-891 J $1 ,000, Each Acc. LIABILITY I I I 1 J $1 , 000, Disease Lim I I I 1 [ $1 ,000 , Disease/Emp THERI ----------------+--------+--------+---------------------- I I I I I I I I I I I --------------------------------------I.---------------------------------------- escription of operations/locations/vehicles/restrictions/special items ANDSCAPE MAINTENANCE DISTRICTS ---------------------------------.----------------------------------------^---- ERTIFICATE HOLDER (CANCELLATION : Should any of the above described ITY OF SAN JUAN CAPISTRANO (policies be cancelled before the expiration dat 2400 PASEO ADELANTO Ithereof; the issuing company will endeavor to AN JUAN CAPISTRANO, CA. Imail 10 days written notice to the certificate 92675 (holder named to the left; but failure to mail ) such notice shall impose no obligation or liab- I i 1 i t• anon rhr� t4o@�'inr�, jts »(iPnts or rnps. 1� I E _ .. _,. . . _ ...- ;.-r Oryx t�a.:.w. yl ORM 25_S- [3/88] ---------CERTIFICATE OF INSURANCE - I ISSUE DATE: 08-08-88 - ------------------ --------------------- RODUCER This certificate is iss d as a matter of inform- SLANDIA INSURANCE SERV, lation only and confers no rights upon the certi- 25 W. EL PORTAL, STE. B Ificate holder. This certificate does not amend; lextend or alter the coverage afforded below. AN CLEMENTE, CA I ------------------------------------------------- 2672 I COMPANIES AFFORDING COVERAGE ILETTER A WEST AMERICAN INSURANCE CO ODE SUBCODE I ------------------------------------------------- ILETTER B FINANCIAL INDEMNITY COMPANY -----------------------------+------------------------------------------------- INSURED ILETTER C apistrano Valley I ------------------------------------------------- andscape & Maint. , Inc . ( LETTER D .0. Box 1437 1 ------------------------------------------------- an Juan Capistrano, Ca.92693 ILETTER E OVERAGES: This is to certify that policies of insurance listed below have been issued to the named insd . for the policy period indicated; notwithstanding any grmnt; term or cond. of any contract or other document with respect to which this which this certificate may be issued or may pertain; the insurance afforded y the policies described herein is subject to all the terms; exclusions; and onditions of such policies . Limits shown may have been reduced by paid claims. ------------------------------------------------------------------------------- LITYPE OF INSURANCE I POLICY NUMBER JEFF DATEJEXP DATEIALL LIMITS IN THOUSAND --------------------+----------------+--------+--------+----------------------- ENERAL LIABILITY I I I IGENERAL AGG 1 $11000 [X] Commercial GL JBHW(89) 50090738 108-16-88101-01-891PRD-CMP/OP AGGI $1 ,000 [ I ] Claim [X] Occurl I I ( PER & ADVT INJI $1 ,000 [X] Ownrs/Cntr Prot I I I JEACH OCCURENCEI $1 , 000 [ ] I 1 I IFIRE DAMAGE J $ 50 [ ] I I { IMED EXPENSES J $ 5 UTOMOBILE LIABILITY I ---------------------------------------------------------- [ ] Any Auto I I I JCSL J $ I [ ] All Owned Autos I I I I ----+----------- I [X] Scheduled Autos IC 3815653 108-19-88102-19-891BI/PI $100, 000 I [ ] Hired Autos J I I I ----+-----------I [ ] Non-Owned Autos I I I IBI/AI $300,000 I [ ] Garage Liabilityl I I I ----+----------- I [ ] I I I IP.D. I $ 50, 000 1 XCESS LIABILITY I ----------------+--------+--------+----+------------------ [ ] Umbrella Form I I I 1 1 $ 1 [ ] Other than Umb I I I I I /Occur I Aggreg ORKERS ' COMPENSATIONJ ----------------+--------+-------- IStatutory ----------- AND EMPLOYERS ' JXWW(89) 50104813 101-01-88101-01-891 J $1 ,000 , Each Acc. LIABILITY I I I 1 1 $1 ,000, Disease Limt I I I 1 J $1 ,000, Disease/Empl THERI ----------------+--------+--------+---------------------- I I { I I I I I I I I I ------------------------------------------------------------------------------ escription of operations/locations/vehicles/restrictions/special items ANDSCAPE MAINTENANCE DISTRICTS ------------------------------------------------------------------------------- ERTIFICATE HOLDER ICANCELLATION : Should any of the above described ITY OF SAN JUAN CAPISTRANO (policies be cancelled before the expiration date 2400 PASEO ADELANTO Ithereof ; the issuing company will endeavor to AN JUAN CAPISTRANO, CA. Imail 10 days written notice to the certificate 2675 (holder named to the left; but failure to mail Isuch notice shall impose no obligation or liab- Iility upon th 0 s agents or reps. RECEIVED duc PN `8B i' CLERK "E 'RiMEN7 C. OF SAN JUAN CA;'!S?RAN6 r .• I I0. ,C f 4. tLF� d x M. `F4..,�•if'.ai +-�M15'Ywe+.Nu4+sw ylo- "x.v., r .`«:,i , RECEIVED DSC 13 37 W CITY CLERK ^F'ARTIIENT CITY OF SAN 10N ['►PSSTRANO FROM ISLANDIA INS SRVS 2694 FINANCIAL INDEMNITY CO SUITE B REINSTATEMENT NOTE 2694 P 0 BOX 7754 125 W EL PORTAL BURBANK CA 91510 SAN CLEMENTE CA 92672 12/ 10/881 C 3815653 0205 DESCRIPTION SA4ANCE AGENT TELEPHONE 714 492-5115 IT IS UNDERSTOOD THAT POLICY NUMBER C 3815653 IS REINSTATED EFFECTIVE 12/20/88 AND IS IN FULL FORCE AND EFFECT . TO CAPISTRANO VALLEY LANDS CITY OF SAN JUAN CAPISTRANO MAINTENANCE INC 32400 PASEO ADELANTO P 0 BOX 1437 SAN JUAN CAPISTRANO CA SAN JUAN CAPISTRANO CA 92675 oa49 REFtE-IVEU MAR 6 3 oo ?M '89 "Ti 'L-- 0FPtRTMF. T SAN JLd� a �,?P,AMC FROM ISLANDIA INS SRVS 2694 FINANCIAL INDEMNITY CO SUITE B LAPSE NOTICE 26941 P 0 BOX 7754 125 W EL PORTAL BURBANK CA 91510 SAN CLEMENTE CA 92672 03/03/891 C 3815653 103051 DESCRIPTION BALANCE AGENT TELEPHONE 714 492-5115 YOUR COVERAGE LAPSED ON 02/ 19/89 BECAUSE PREMIUM DUE WAS NOT PAID . $4 , 760 . 00 PREMIUM DOWN PAYMENT DUE $1 , 897 . 60 *****REINSTATEMENT OFFER***** WE WILL REINSTATE YOUR POLICY , WITHOUT ANY LAPSE IN COVERAGE , IF THE AMOUNT SHOW ABOVE IS MAILED TO FINANCIAL INDEMNITY AND POSTMARKED BY 03/05/89 . PLEASE RETUR THIS NOTICE WITH YOUR PAYMENT . DISREGARD THIS NOTICE IF PAYMENT HAS BEEN MADE . IF YOU HAVE ANY QUESTIONS , PLEASE CONTACT YOUR AGENT . TO &7� CAPISTRANO VALLEY LANDS CITY OF SAN JUAN CAPISTRANO CJZ MAINTENANCE INC 32400 P45EO ADELANTO P 0 BOX 1437 SAN JUAN CAPISTRANO CA SAN JUAN CAPISTRANO CA �� 92675 �) • Joe" • I -1—� MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND BUCHHC r' iaiu,r,aiip LAWRENCE F. ,N KENNETH E. FRIE5SRIE95 i,i�,i exp 1961 GARY L. HAUSDORFER 1776 PHILLIP R. SCHWARTZE 1 CITY MANAGER STEPHEN B JULIAN July 21, 1988 Capistrano Valley Landscape P.O. Box 1437 San Juan Capistrano, California 92675 Re: General Liability and Automobile Liability Certificate of Insurance Landscape Maintenance Districts T7673, 8485, 9382, 9284, 93-7-3F7-654 and Landscape Maintenance - City Parkways Gent let nen: The following Certificates of Insurance, for the above referenced projects, are soon due to expire: 1. General Liability Insurance expires on August 16, 1988. 2. Automobile Liability Insurance expires on August 19, 1988. 3. A certificate of Workers' Compensation for the Landscape Maintenance of City Parkways. The City requires an original certificate for each project. Please forward the above Certificates of Insurance to the City of San Juan Capistrano, attention City Clerk's Department, by the above expiration dates. If you have any questions, please contact Dawn Schanderl, Records Coordinator, at (714) 493-t 171 extension 244. Thank you for your cooperation. Very truly yours, Mary Ann over, CMC City Clerk MAI i/dnls cc: Ron Sievers, Public Works Superintendent :_a:)O PAShO AUEL AN TO, SAN JUAN CAPISFRANO. CALIFORNIA 92675 0 (714) 493-1171 THIS CERTIFICATE REPLACES PREVIOUS CERTIFICATE DATED 9/9/87. acllieu® CERTIFICA OF INSURANCE ISSUE DATE(MM/pD/VVI ---! 6/15/88 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ISLANDIA INSURANCE SERVICES INC. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, SERVICES, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 125 WEST EL PORTAL, STE. B SAN CLEMENTE, CA. 92672 COMPANIES AFFORDING COVERAGE (714) 492-5115 LETTER A WEST AMERICAN INSURANCE CO. 1 CODE SUB-CODE COMETTER"Y B INSURED FINANCIAL INDEMNITY CO. u CAPISTRANO VALLEY LANDSCAPE LY COMPANY MAINTENANCE, INC. LETTER C PO BOX 1437 COMPANY SAN JUAN CAPISTRANO, CA 92693 LETTER D COMPANY E I LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION TR TYPE OF INSURANCE POLICY NUMBER DATE(Mi DATE(MM/DD/VV) ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $ 10001 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 1:000, X CLAIMS MADE X OCCUR. PERSONAL&ADVERTISING INJURY $ 1,000, X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000, FIRE DAMAGE(Any one fire) $ 50, A BHW50090738 8/16/87 8/16/88 MEDICAL EXPENSE(Any one person) $ 5, AUTOMOBILE LIABILITY COMBINED I ANY AUTO SINGLE $ LIMIT ALL OWNED AUTOS BODILY X SCHEDULED AUTOS (Per/person) $ 100, HIRED AUTOS BODILY NON-OWNED AUTOS (Per/accident)RY $ 300, GARAGE LIABILITY PROPERTY B C3815653 2/19/88 8/19/88 DAMAGE $ 50, EXCESS LIABILITY EACH AGGREGATE OCCURRENCE $ OTHER THAN UMBRELLA FORM $ i WORKER'S COMPENSATION STATUTORY AND $ (EACH ACCIDENT) $ (DISEASE—POLICY LIMIT) I V EMPLOYERS'LIABILITY $ (DISEASE—EACH EMPLOYEE OTHER I dY I DESCRIPTION OF OPERATIONS/LOCATIOHSNENICLES/RESTRICTIONS/SPECIAL ITEMS ADDITIONAL INSURED ! CERTIFICATE HOLDER IS INCLUDED AS ; ADDITIONAL INSURED WITH RESPECTS TO LIABILITY CERTIFICATE HOLDER $ ADDITIONAL INSURED CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 32400 PASEO ADELANTO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN JUAN CAPISTRANO, CA 92675 LEFT, B143�FXYCSXFyaX�l€dI� �sYXx�gd €Xd{�{ { Xlg}gXX Y, � XYol4xxilfX>1€biXl$YcPFY>Xl�$3GXI)6➢CI��I$IiA�X1��XI��h�#CRJFR�X� ACORD 25-5 3/88 AUTHORIZED REPgESE rgrlvE J.L. mACORD CORPORATION 7988 COBB C�i�f/ AA C 3815653 CERTIFICATE HOLDER 06/11/88 DE RATIONS COMMERCIAL VEHICLE POLICY RENEWAL DECLARATION * PLEASE PAY THE PREMIUM RENEWAL OF POLICY INDICATED ON THE INVOICE BELOW BY 08/19/68 C 3815653 POLICY NUMBER L1C9 PERIOD !O AGENT - TELEPHONE NUMBER AGENCY PFOM C 3615653 08/19/88 02/19/89 714- 492-5115 2694 NAMED INSURED AND ADDRESS AGENT CAPISTRANO VALLEY LANDSCAPE ISLANDIA INS SRVS 2694 MAINTENANCE INC SUITE B P 0 BOX 1437 125 W EL PORTAL SAN JUAN CAPISTRANO CA 92693 SAN CLEMENTE CA 92672 * * COVERAGES LIMITS OF LIABILITY BODILY INJURY $100 , 000 EA PERSON $300 , 000 EA ACCIDENT PROPERTY DAMAGE $50 , 000 PER ACCIDENT ** CERTIFICATE HOLDER * * CITY OF SAN JUAN CAPISTRANO ATTN DAWN SHANDERL 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 Q � n 4 cs G z - -"J o°-aoL oaJO� MILEAGE LIMITATION ENDORSEMENT In consideration of the premium charged in the policy, it is hereby understood and agreed that coverage is null, void and of no effect if regular or frequent trips are made, during the course of business, outside a 50 mile radius of the principal garaging point as stated in the Declarations. The terms of this endorsement will not apply with respect to the interest of any lessor or loss payable named on the policy. Nothing herein contained shall be held to vary, alter, waive or extend any terms, limits of liability, conditions or exclusions of the policy to which this endorsement is attached, other than as stated above. Financial Indemnity Company Secretary President This endorsement must be attached to the revision Declarations when issued after the policy is written. U-24 (01/86) Creek Road, and to approve the Hold Harmless agreement between the City and James W. Diffley. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City. 3. SEWER USER FEE STUDY MODIFICATION (1040.20) tXritten Communications: Report dated June 21, 1988, from the Director of Public Works, advising that a sewer user tee study was being undertaken to bring the City into compliance with Mate Environmental Protection Agency requirements for assessment fo commercial sewer user fees in an equitable manner based on business operations and sewage components. The report advised that to provide consistent implementation of the fees between cornrnercial/industrial users and equivalent dwelling units (i.e., single- family residences), it was necessary to extend the original scope of work for review of the capacity tee schedule. A budget adjustment in the amount of $10,000 was required to accommodate the work. It was anticipated that the new regulations could be implemented in January, 1989. approval of Budget Adjustment: It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to approve the transfer of atonies within the Sewer Enterprise Fund (Account No. 17-6213-4417) in the amount of $10,000 for additional work on the Sew er User Fee Study. 5. LANDSCAPE MAINTENANCE - AWARD OF CONTRACTS CAPISTR.ANO VALLEY LANDSCAPE TOYO LANDSCAPING) (600.30)----• W ntten Cori nwnvcations: Report dated June 21, 1988, from the Director of Public Works, forwarding results of bids received for maintenance of Cit parks, parkways, medians, City facilities, landscape districts and Landscape Maintenance District No. 1. With the exception of the one-year Landscape Maintenance District contract, all contracts are to be in etfect for two years. I=rank Boscarini, 29591 .Monarch Drive, noted that the homeowners had intended to assume maintenance of the area in Landscape Maintenance District No. I, but had discovered that 11 homes had not been included in the District and could not legally be required to participate in the financial costs. Ile requested input and assistance from the City to resolve the problem. Award of Contract: It was moved by Councilman Bland, seconded by Councilman Friess and carried with Councilman Schwartze abstaining, to accept the bids as complete and to award the contracts to the low responsible bidders as follows: City Parks - Toyo Landscaping of Garden Grove in the amount of $173,250; — . City Parka.s - Capistrano Valley Landscape of San Juan Capistrano in the amount of $$107,040; City Facilities - Toyo Landscaping in the amount of $22,800; Landscape Districts - Capistrano Valley Landscape in the amount of $68,400; - 12- 6/21/88 Landsca e Maintenance District No. l - Toyo Landscaping in the amount of 76,494. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contracts on behalf of the City. ORDINANCES I. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - VESTING TENTATIVE MAPS ADOPTION 420.30 Written Communications: Report dated June 21, 1988, from the City Clerk, advising that the Ordinance was introduced at the meeting of June 7, 1988, and was scheduled for adoption. Adoption of Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Fries, seconded by Councilman Buchheim that the following Ordinance be adopted: ORDINANCE NO. 631, AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - VESTING TENTATIVE MAPS - AN ORDINANCE OF THE CITY OF SAN JUAN C.APISTRANO, CALIFORNIA, AMENDING SECTION 9-4.505, ENTITLED "VESTING TENTATIVE MAPS," OF TITLE 9, ENTITLED "LAND USE," OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None .ABSENT: .None 2. APPROVING REZONE 88-2 (VIA PASTORAL) (ADOPTION) (460.20) Written Communications: Report dated June 21, 1988, from the City Clerk, advising that the Ordinance was introduced at the meeting of June 7, 1988, and was scheduled for adoption. Adoption of Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Buchheim, seconded by Councilman Friess that the following Ordinance be adopted: ORDINANCE NO. 632, REZONE 88-2 (VIA PASTORAL) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY TITLE 9 OF THE MUNICIPAL CODE BY CHANGING THE ZONING OF ASSESSOR'S PARCEL NOS. 649-091-05, 649-091-06, 649-091-07, AND 649-321-04 FROM SMALL ESTATE (ES) TO LARGE ESTATE (EL) -13- 6/21/88 AGENDA ITEM June 21, 1988 TO: Stephen B. Julian, City Manager COPY FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contracts - Landscape Maintenance SITUATION At the direction of the City Council, bids were solicited for the maintenance of various City landscape areas. These include City parks, parkways and medians, City facilities, landscape districts, and Landscape District No. 1. The bids were opened at 2:00 p.m. on May 17, 1988. The following bids were received: City Landscape Landscape Parks Parkways Facilities Districts Dist. No. 1 Capistrano Valley Landscape -0- $107,040 * $36,400 $68,400 * -0- J&R Landscape $177,600 117,200 57,600 99,558 $78,000 Midori Gardens 183,984 119,040 48,048 79,528 76,944 Toyo Landscaping 173,250 * 108,110 22,800 * 84,480 76,494 *Indicates Low Bidder Note - All figures shown are the cost for a two (2) year contract, with the exception of Landscape District No. 1, which is a one (1) year contract. The low bidders on each item were notified and were requested to supply verification of their contractor's license, spray license, and letters of reference from other cities and municipalities where they are currently performing similar work. After checking the submitted information, the low bidders on each item meet the requirements set forth in the specifications. As directed by City policy, the low bidders were informed that they had met the requirements and would need to provide the City with the required bonding and insurance certificates prior to the award of the contracts. The low bidders have complied with this requirement. NOTIFICATION Capistrano Valley Landscape J&R Landscape Midori Gardens Toyo Landscaping Residents of Landscape Maintenance District No. 1, Tract 7673 (Mission Woods), Tract 8485 (Mission Springs), Tract 9382 (Belford Terrace), Tract 9284 (Seaview Estates) have been notified of the overall process. CITY C,-.+(PLXIl" ACrPiGA ( l , K z�. AGENDA ITEM . • June 21, 1988 Page 2 COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS Monies for the maintenance of City-owned properties are budgeted through the Public Works Maintenance Budget, Account #01-6213-4440. This amount will be $151,545 per year. Costs for the maintenance of the Landscape Districts are borne by the Districts. These costs are assessed to the individual property owners in the districts. ALTERNATE ACTIONS 1. Accept the bids and award the contracts to the low bidders as follows: Parks - Toyo Landscaping ($173,250) Parkways - Capistrano Valley Landscape ($107,040) City Facilities - Toyo Landscaping ($22,800) Landscape Districts - Capistrano Valley Landscape ($68,400) Landscape District No. 1 - Toyo Landscaping ($76,494) 2. Do not award the contracts. 3. Refer back to Staff for additional information. 4. Reject all bids and readvertise. RECOMMENDATION By motion, accept the low bids as noted above and award the contracts to the low bidders as noted. Respectfully submitted, WD. Mur y Mur yl . WDM/RCS:nb S. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS - ASPHALT CONCRETE OVERLAY, CAMINO CAPISTRANO FROM JUNIPERO SERRAR AD TO TRABUCO CREEK BRIDGE 600.30 As set forth in the report dated April 19, 1988, from the Director of Public Works, the plans and specifications for the asphalt concrete overlay of Camino Capistrano from Junipero Serra Road to Trabuco Creek Bridge were approved. Staff was authorized to call for bids. The Engineer's estimate for the project was $60,000. Sufficient funds were available in Account No. 12-6900-6703. 9. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS - LANDSCAPE MAINTENANCE CONTRACTS FORP_ P SAND -F-ACILITIE9,-LANE)SCAP S RI T AND LANDS AP MAIN A E DISTRICT NO. l 600.30 As set forth in the report dated April 19, 1988, from the Director of Public Works, the specifications for maintenance of City parks, parkways, facilities, and landscape maintenance districts were approved and staff was authorized to call for bids. 10. C[TY-WIDE CLEAN-UP WEEK - MAY 2 - 6, 1988 (530.60) The report dated April 19, 1988, from the Director of Public Works, advising that the annual City-Wide Clean-up Week had been scheduled for the week of :.gay 2-6, 1988, was ordered received and filed. H. WESTSIDE ANNEXATION - RESOLUTION TERMINATING PROCEEDINGS (620.20) As set forth in the report dated April 19, 1988, from the City Attorney, the following Resolution terminating annexation proceedings was adopted: RESOLUTION NO, 88-4-19-3 TERMINATING ANNEXATION PROCEEDINGS - WESTSIDE-ANNEXATION NO. 2 - A RESOLUTION O HE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING FINDINGS AND TERMINATING ANNEXATION PROCEEDINGS WITH RESPECT TO WESTSIDE ANNEXATION NO. 2 12. ACCEPTANCE OF GRANT DEED (670.50) As set forth in the report dated April 19, 1988, from the City Attorney, the following Resolution accepting title of property located at 28121 Calle San Remo, was adopted: RESOLUTION NO. 88-4-19-4 ACCEPTANCE OF GRANT DEED - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING GRANT DEED - 28121 CALLS SAN REMO -10- 4)19/88 �* C. _ AGENDA ITEM 10 AL April 19, 1988 TO: Stephen B. Julian, City Manager /1/ _ FROM: W. D. Murphy, Director of Public Works r SUBJECT: Landscape Maintenance Contracts (Specifications and Authorization to Call for Bids) SITUATION All of the contracts which the City has for landscape maintenance work expire on June 30, 1988. These contracts provide for the on-going maintenance of City parks and parkways, City facilities, and also the landscape maintenance districts which are administered by the City. The current contracts were awarded by the City through the bid process in 1985. The proposed contracts will again be for a period of two years, with the option of extending the contracts for one additional year, with the exception of Landscape Maintenance District No. 1, Capistrano Royale. This particular contract will be bid again on a year- to-year basis. Limiting the time period to one year provides the ability for the District responsibility to be absorbed by the homeowners. Due to a combination of several factors, it is anticipated that the contracted bid prices will increase significantly this year. The effect of inflation and the new minimum wage law are going to increase contracted prices. Additionally, the City of San Juan Capistrano is bringing several new landscape areas into the existing inventory of parks and parkways. New areas which will need to have contract maintenance include: the intersection of Del Obispo and Camino Del Avion, the medians in front of the Price Club, the Los Rios historical area, the expanded Cook Park athletic facilities, the landscaping of the new Camino Capistrano Bridge area, the new strip park at the end of Avenida de la Vista, and several other smaller areas. The following table shows the current contracted costs for the various City landscape areas: Current Parks $ 78,750 Parkways & Medians $ 47,004 Facilities $ 10,710 Landscape Districts $ 31,932 Landscape District fel $ 69,540 NOTIFICATION Capistrano Valley Landscape J & R Landscape Midori Gardens Residents of Landscape Maintenance District No. 1, Tract 7673 (Mission Woods); Tract 8485 (Mission Springs); Tract 9382 Belford Terrace); Tract 9284 (Seaview Estates); Tract 9373 (Los Corrales); Tract 765 o Corrales). AGENDA ITEM • April 19, 1988 • Page 2 COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS Monies for the maintenance of City-owned properties are budgeted through the Public Works Maintenance budget, Account #01-6213-4440. The projected cost increases have been used in preparing the 1988-89 operating budget. Costs for the maintenance of the landscape districts are borne by the districts. These costs are assessed to the individual property owners in the districts. ALTERNATE ACTIONS 1. Approve the specifications for the maintenance of City parks, parkways, facilities, and landscape maintenance districts; and authorize the call for bids. 2. Do not approve the specifications or authorize the call for bids. 3. Refer to Staff for additional information. RECOMMENDATION Approve the specifications for maintenance of City parks, parkways, facilities, and landscape maintenance districts; and authorize the call for bids. Respectfully submitted, W. D. Murphy WDM/RCS:nb B I D 0 P O�_]T/ vE p R T Bids opened May 17, 1988 at 2:00 X"/Pm Mainten,ince Qf La dscapi Project Title Various ( ity nParks, Pfrkway Areas, and Specified City Facilities ParkWaYs-$6 0 0.pp Project Engineer Ron Sievers Pre-Bid Estimate Warks-$90,000.00 Facilities-$15,000.00 Bid Bid Bidder: Amount Bond 1 . Capistrano Valley Landscaping and Maint. Parks doom% Q Parkways 3�.�'S�� Faciliti 2. J 6 R Landscape Parks Parkways db Facilities lr . L I A 3 . Midori Gardens Parks Parkways 14 A Facilities 4 . Tovo Landscaping Company Parks Parkways Facilities Z'1 PAd 5 • Park Parkways Facilities 6 , Parks Parkways Facilities 7• Pnrlrc Parkways Facilities 8 • Pnrlrc Parkways Facilities 9 . 10 . cc: City Clerk ' s Staff (3) Signed Public Works (3) City Manager (1) Dated ��- The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. 4 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Jody Kolar, Legal FOR PUBLICATION ON: THURSDAY, ,APRIL 28, 1988 THURSDAY, MAY 5, 1988 DOCUMENT TO BE PUBLISHED: NOTICE INVITING BIDS - MAINTENANCE OF LANDSCAPING PROJECTS PROOF OF PUBLICATION: Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 AUTHORIZED BY: DATE: April 21, 1988 Date of Bid Opening - 5/17/88 Date (s) notice published - 4/28/88 - 5/05/88 Date affidavit received - Date notice posted in designated posting places (3) - 4/28/88 NOTICE INVITING BIDS COPY MAINTENANCE OF LANDSCAPING PROJECTS Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the following projects up to 2:00 p.m. on the 17th day of May, 1988: 1. Maintenance of Specified Landscaping in Landscape Maintenance District No. 1 (Capistrano Royale); 2. Maintenance of Landscaping in Tracts 7673, 8485, 9382, 9284 and 9373)7654, and; 3. Maintenance of Landscaping of Various City Parks, Parkways, and Specified City Facilities. A pre-bid conference is scheduled at 1:00 p.m, on the 6th day of May, 1988, at the City offices to assist contractors. Copies of Plans and Specifications may be obtained at the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California for a charge of $5.00. There will be a $5.00 charge for postage and handling on all plans and specifications mailed. Dated: April 21, 1988 IC[TYEERK CITY OF SAI JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA 0DJU6 AL MAINTENANCE OF LANDSCAPING VARIOUS CITY PARKS, PARKWAY AREAS, AND SPECIFIED CITY FACILITIES NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 17th day of May 1988, receive sealed proposals or bids for the Maintenance of Landscaping VARIOUS CITY PARKS, PARKWAY AREAS AND SPECIFIED CITY FACILITIES in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction 1985 Edition, including all supplements therefor, on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifi- cations. 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 ten percent of the total bid 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. It is the intent of the City of San Juan Capistrano, that each of 3 individual lump sum items, identified as: City Parks, City Parkways; and City Facilities be bid individually, and that the lowest qualified bidder on each item be awarded the contract for that particular item. The contract(s) will not be awarded based on the lowest cumulative bid for the total of all three items. -1- L It is the intent of the City of San Juan Capistrano, that each of 3 individual lump sum items identified as: City Parks; City Parkways; and City Facilities, be bid individually, and that the lowest qualified bidder on each item be awarded the contract for that particular item. The Contract(s) will not be awarded on the lowest cumulative bid for the total of all three items. A pre-bid conference is scheduled at 1:00 p.m. on the 6th day of May 1988, at the City offices. The contractor shall have the opportunity for clarification or interpretation 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 dis- seminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Performance Bond equal in the amount of one-hundred percent (100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the surety list provided herein. 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 two years (730 calendar 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 specifications 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 -2- Y specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $5, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $5 charge for postage and handling on all plans and specifications mailed. 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. �C DATED ZM CITY LER CITY OF S. N JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2a- • •ond #TPI 01352035 • PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Capistrano Valley Landscape & Maintenance, Inc. as Principal, hereinafter called CONTRACTOR, and TRANGAMF.PTrA PPFMTFR TNCUR&NCE C as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Fifty ThrP, Thousand Five Hundred Twenty--- Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): Maintenance of T,andscapina - Various City Parks . ParkwaV • Areas and Rnecified City Facilities which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, • including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -20- I • 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. ** Executed this 21st day of June , 19 88 , at Newport Beach , California. PRINCIPAL Capistr no Valley Landscape &,I,Nint niZnce, ,IInc. c. APPROVED AS TO FORM XNIRIZATION AND SEAL) ki*x,�r 3 R. SHAW, CITY ATTORNEY SURETY TRANSAMERICA INSURANCE COMPANY isa orney in ac (NOTARIZATION AND SEAL) **Term of the bond shall not exceed 12 months. -21- I State of Ea}�€e> nia On this the-21,stday of Tr,2 19811_,before me, SS. County of Orange Jill K. Wilyard the undersigned Notary Public, personally appeared Robert Hooper jxpersonally known to me OFFICIAL SEAL JILL N NILYARD ❑ proved to me on the basis of satisfactory evidence NOTARY PUBLIC-CALIFORNIA to be the person(s)who executed the within instrument as PRINCIPAL OFFICE IN ORANGE COUNTY vice President or on behalf of the corporation therein MY CORN ISSION EXP. DEC. 5, ME named,and acknowledged to me that the corporation executed it. WITNESS hand and official seal. Notary Signatu /� CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION,23012 Ventura Blvd,*Wwdland Hills,CA 91364 STATE OF California Orange /ss: County of 1 ' On this 21st day of June 88 19 , before me Pamela M. Androsko aNotary Public, - personally appeared Richard Eidem personally known to me(or proved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the Transamerica Premier Insurance Company and acknowledged tome that he subscribed the name of the Transamerica Premier Insurance Company thereto and his own name as Attorney-in-Fl I n 8KO Notary Public in and foTthe County of GRNIA OrangeState of California 30272 .z_ ` t. �J. 1590 3-85 i.�.K..us� Bond #TPI 01352035 • Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano municipal corporation of Orange is},-ano dale bands County, California, has awarded to ,nkat aya* _ Xn, __ : _ License No. , hereinafter designated as "Principal", a contract for 1JAint-cnnnna of Tandgr--aping- Variong rii-,U Parkg, ParkesU Araag and Sprnified : and City Facilities WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Qanig rano Va11 ey Tang ane Ma_ intenance. Tne- Principal, and 'TgANSAMEgTc'A pRFMTER TTT.SirRANc'F. AIV , as surety, are held firmly bound unto the City of San Juan Caplstrano, a municipal corporation, in the penal sum of Eighteen Thongenrl Twn Hnnlrrd r. no11 p0_____________ DOLLARS • ($is.2o0.00), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Government Code of California as amended, that 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 the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount • specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. _2Y_ I IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 21st day of e 19 88 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. ** Capistrano Valley Landscape & Maintenance, In PRINCIPA� r1 By TRANSWMCA P INSURANCE CWANY SUR i sy Richa&U Ei em Attorney in Fact APPROVED AS TO FORM nLP..cJL,.,j 7 R. SHAW, CITY ATTORNEY **Term of this bond shall not exceed twelve months. -23- STATEOF California / Orange /ss. County of / On this 21sta�yof June 19 88 , before me Pamela M. Androsko a Notary Publig personally appeared Richard Eidem personally known to me(orproved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the Transamerica Premier Insurance Company and acknowledged to me that he subscribed the name of the Transamerica Premier Insurance Company thereto and his own name as Attorney-in-Fact"} er•.net¢u� r. .ht r a �� <'-E'r/'Y",1-P +(4 J l-' ��9'. .r�1�-17F�-�:1-� 1 Notary Public in and for the County of - Y � o F Orange California cn State of 30272 w-so`:.., a+c:w W ,.F,rev-,,,..,n,r•„,�,,,,, - 3-85 State of r.l ifrraia On this ti9l 190Y of 19�before me, SS. County of Orange l K. Wilyarr9 the undeNotary Public,personally appeared ert Hooper OFFICIAL SEAL &K persnown to me JILL K YILYARD ❑ prove on the basis of satisfactory evidence ® - NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN to be thes)who executed the within instrument as ORANGE C. 5, President or on behalf of the corporation therein MY CONMISSIOM E%P, DEC. 5, 1988 named, nowledged to me that the corporation executed it. WITNESd and official seal. t `Notary'sure CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION.23012 Ventura Blvd.,Woodland Hills,CA 91364 I i Transamerica Trerca Premiernsurance Company Atl ve cehome.Cel Insurance Services GPA---N°, 1482 Power of Attorney valid only if numbered in red. General Power of Attorney Know All Men by These Presents,That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office in Irvine, Orange County, California, does by these presents make, constitute and appoint _ _ RIGHARO EIDEM — of_ Newport Beach and State of. California __ its true and lawful Attorneys(-in-Fact,with full power and authority hereby conferred in its name, place and stead,to execute, acknowledge and deliver _ CONTRACT BONDS (S.B.A. Guarantee Agreement LT - MAXIMUM PENAY $500,00_0.00______ OTHER CONTRACT BONDS - MAXIMUM PENALTY $50,000.00_ ALL OTHER BONDS - MAXIMUM PENALTY $15,000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE _ OF NO FURTHER EFFECT AFTER DECEMBER 31, 1988" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Atterney(s(-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company, at a meeting held on the 12th day of June, 1984. "Be It Resolved,that the President, any Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1.Attorney-in-Fact.Attorney-in-Fact may be given full power and authorityfor and in the name of and on behalf of the Company,to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Transamerica Premier Insurance Company has caused these presents to be signed by its _— President and its corporate seal to be hereto affixed this__ 16th day of si'nher__, A.D., 19 QREMtER IHS& TRANSAMERICA PREMIER INS RANCE COMPANY By Z* INCORPORATED o _ _ a State of California °G JULY 1, 1941 ss. County of Orange k On this---- 16th __da ALIFORNIA October in the year 1987 ,before me Joan M. Wynn a notary public, personally appeared -----------Jack M. Trapp - , personally known to me to be the person who executed the within instrument as President on behalf of the corporation therein named and acknowlratinn a ecuttedit. OFPr14L SEAL I c LI Li rn L F. S!N _—� _ �L(- �1 iti — Nota Public ry My COMML4;ION FXP!USS OCT. 12, 1991 f I Company Y certify foregoing copy I,the undersigned Secretary o ransamerica remler Insurance Com an hereb certi that the above and fore oin Is a full,true and correct co of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted bythe Board of Directors of the Transamerica Premier Insurance Company at a meeting duly called and held on the 12th of June, 1984, and that said resolution has not been amended or repealed: "Resolved,that the signature of the Secretary or any Assistant Secretary of this Corporation,and the seal of Corporation,may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company,this_ 24-s+ ---day of __jug 19 88 0�,,THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO...,--Tp- q7.-3-12A3..5 Secretary 30024A 10-85 CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS MAINTENANCE OF LANDSCAPING IN VARIOUS CITY PARKS, PARKWAY AREAS, AND SPECIFIED FACILITIES CITY COUNCIL ANTHONY L. BLAND, MAYOR PHILLIP R. SCHWARTZE KENNETH E. FR[ESS LAWRENCE F. BUCHHEIM GARY L. HAUSDORFER CITY MANAGER S. B. JULIAN DIRECTOR OF PUBLIC WORKS W. D. MURPHY APRIL, 1988 TABLE OF CONTENTS MAINTENANCE OF LANDSCAPING IN VARIOUS CITY PARKS, PARKWAY AREAS, AND SPECIFIED CITY FACILITIES TITLE PAGE CONTRACT DOCUMENTS Notice Inviting Bids .. .. . .. . .. . .. . . . . . . . .. . . . . . .. .. . .. .. . .. . . .. ... . . .. .. . ... .. . 1 BidProposal .. . .. .. . .. . . . .. . .. . .. . . . . . . . .. . . . .. .. .. .. . .. . . . . . .. ... .. ... . . .. .. .3 BidSummary .. . . . .. . .. . . . . .. . . . .. . . . . . .. .. . . . . . .. . . . ..... . .. . .. .. .. .. .. .. .. ..6 Non-Collusion Affidavit.. . .. . .. . . . ... . . . .. . . . ... . . .. .. . .. . .. . ... .. . . . .. . .. .. . . .7 Designation of Sub-Contractors ... .. . .. . . . . . . .. .. . .. .. . .. . .. . . .. . . . .. . . ... .. .. . .8 Instructions to Bidders . . . . . . .. . .. . .. . . . . .. . .. .. .. . . . .. . . .. . .. . ... .. .. ... .. .. . . .9 Contract. . .. . .. .. . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . ... . . . .. . ... . .. .. . . .. . .. . . . 14 BidBond ................... ......................... ........................ 18 Performance Bond.. .. . . .. .. . . . . .. . .. ... .. . .. . .. .. .. . . . . ... .. . . .. .. .. .. . .. .. ..20 Labor & Material Bond.. .. . . . . .. . . . . .. . . . . . . . . . .. .. . . . .. . ... ... . .. .. .. .. ... .. .22 Listing of Surety Companies . .. . . . . .. . .. .. . . .. .. . . . .. . . . . .. .. . .. . .......... .. . .24 SPECIAL PROVISIONS Section 1. Scope of Work to Be Done . .. . .. .. . .. ... .. ... . . . ... .. . .... .. . ..SP-1 Section 2. Terms Defined. .. . .. . .. . . . . . . .. .. ... .. . .. . . . .. . .. ... .. ... ... .SP-2 Section 3. Flow and Acceptance of Water. . .. ..... .. . .. ... . Section 4. Water . .. . . . . . . . . .. .. . ... . . . .. .. .. . .. . . . .. ... . .. ..... ... . . . .SP-3 Section 5. Insurance and Overhead Costs.. . . . .. . .. .... . ... ... ..... .. ... .. .SP-3 Section 6. Protection of Existing Utilities Underground Services Alert. . . . .. . .. .. . .. .. . . . . .. ... .. . .. .. .. ..SP-3 Section 7. Protection of Private Property.. .. . .. . . . . . . . . . .. ... .. .. .. .. . .. .SP-4 Section 8. Construction Zone. . . . . . .. . . .. .. ... .. .. . . . . .. ... .. . .. . . .. .. .. .SP-4 Section 9. Pre-Construction Coordination Meeting . . . . .. . .. . .. . .. .. .. .. .. . .SP-5 Parksites.. ... . . . .. . . . .. . .. . .. . .. ... . .. . . . ... .. .. . .. . . ... .. . .. . .. .. .. . . SP6-SP7 Parkways .. .. . . . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. .. .. . .. .. .. . ... .. . . . .... SP8-SPIT City Facilities .. . . . .. . .. .. . .. . .. ... . .. .. . . . . . . . . . .. .. .. . .. . ... .. .... .. . . . .SP-12 GENERAL PROVISIONS Turf Grass .. . .. .. . ..... . .. . .. . .. ... .. . . .. .. . . . .. .. . .. .. . . . ... .. . .. .. . .. . .SP-13 Slope Care . ... .. ... .. . ... .. . .. ... ... ... .. . .. .. . .. .. .. . .. .. ... .. . . .. .. .. . .SP-14 Shrub and Ground Cover Care.. . .. . ..... ... . .. .. .. ... .. .. ... .. . .. .. . .. .. . . ..SP-14 Tree Care.. .. .. . ... .. . .. ... . .. .. . .. . .. . .. . . . .. .. . .. .. .. .. . .. .. . .. . .. .. . ..SP-15 Irrigation System.. .. . ..... ... . .. ... . .. .. . ... .. .. .. . .. .. .. .. .. . . .. .. ... . .. .SP-15 Common Seating Area ... ... ... . .. . .. . .. ... . . . .. .. .. . .. . . . . .. .. . .. ... .. . .. .SP-16 Restrooms . ........ .. ... . .. . ... .. . .. . .. . .. . . ... .... .. . .. .. .. . .. . ... . .. .. .SP-16 General..... ........... .. . .. . .. . .. . . . . .. . .. .. . .. .. . .. .. .. ... . . . . . .. . . ... .SP-16 Extra Work....... . ..... . . . . . .. . . . . . . .. . . .. .. .. . .. ... .. .. . . . .. . .. .. . . .. . ..SP-18 Standards of Performance .. . .. ... ... . .. . .. .. . ... .. .. . . . . . . . . .. .. . .. .. . . . . . .SP-18 Statement of Experience . .. . .. . . .. . . . . . . . .. . .. ... . . . . . . . .. . .. . . . .. .. . . .. . . .SP-18 Spraying .. .. . .. . .. ... . .. . .. . .. . . . . .. . .. . . . . .. .. . .. .. . .. . .. .. . .. .. .. . . .. . .SP-18 CityInspection . .. .. . . . .. . . .. . .. . .. . .. . .. . .. ... .. .. . .. . .. . .. . . . . . . . .. .. . . .SP-18 Daily Reports. .. . . . .. . . . ... ... . .. . .. ... . . . . .. ... .. . .. .. . .. . .. . . .... . . . . . . .SP-19 Inclimate Weather.. . .. . .. . . . ... . . . . . . . .. . .. . .. . . . .. .. . . . . .. . .. . .. .. .. .. . . .SP-19 Library Facilities .. .. ... ... ..... . .. . .. . ... . .. .. .. . .. . .. . . . . .. . .. .. . . . . . . . .SP-19 Fertilizing .. . .. . . . . .. . .. . .. ... . .. . .. . .. . .. . . . . . . .. .. . .. . .. . . . .. ... . . . . . . .SP-19 0 INSTRUCTION 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, Special Provisions, and the Standard Specifications for Public Works Construction, 1995 Edition including all supplements, 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 officer 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 s If any bidder should find discrepancies in, or omissions 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 request 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 Engineer discovers errors, 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. -9- I 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. Before 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 corporation 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 figures, the words shall govern. 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 responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder shall shall list his proposed sub-contractors on the form accompanying the proposal in accordance with the provisions 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. -to- I 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 represented 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. 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, the name of the bidder, bid opening date and time of bid opening. 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. Withdrawal of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt 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 (43) days after the date set of the opening of bids. The contract for the work will either be awarded or the bids rejected within the forty five (43)days form 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 mere informalities, minor technical errors or irregularities, obvious clerical or erasures. -11- 0 0 The bidder shall execute two copies of the written contract with the City and furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days after the bid opening date. The contract shall be made in the form adopted by the City. The release of the successful bidder's surety deposit, as previously stipulated (page 5), 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 corporation 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 of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract. Said bonds shall be secured from a surety company listed as acceptable on the list included in these specifications. Bonds must be submitted on the forms contained in these specifications. Time of Performance The work shall be commenced within fifteen (15) calendar days from the date of issuance of the Notice to Proceed and shall be diligently prosecuted until completion. A time limit of two years (730) calendar days form the date specified in the Notice to Proceed 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. 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. -12- 0 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. -13- I Prepared By: Office of City Attorney San Juan Capistrano 1!29185 LISTING OF SURETY COMPANIES QUALIFYING UNDER SURETY BOND COMPANY RATING CRITERIA The following surety bond companies are qualified to submit surety bonds to the City of San Juan Capistrano. The criteria utilized in rating surety bond companies are: A.M. Best Company Rating of "A"; U.S. Treasury Underwriting Limitation of $1,000,000.00 or more. Use of any other surety company may only be allowed with approval of the City Attorney. AID Insurance Company Aetna Casualty and Surety Company of Illinois Aetna Reinsurance Company Affiliated FM Insurance Company Alaska Pacific Assurance Company Allendale Mutual Insurance Company Allstate Insurance Company American Automobile Insurance Company American Casualty Company of Reading, Pennsylvania American Centennial Insurance Company American Credit Indemnity Company American Economy Insurance Company American Indemnity Company The American Insurance Company American Manufacturer's Mutual Insurance Company American Motorists Insurance Company American Mutual Liability Insurance Company American Re-Insurance Company American States Insurance Company Argonaut Insurance Company Arkwright-Boston Manufacturers Mutual Insurance Company Associated Indemnity Corporation Atlantic Mutual Insurance Company -24- Listing of Surety Companies, Continued Page Two Auto-Owners Insurance Company Balboa Insurance Company Bankers Multiple Line Insurance Company Boston Old Colony Insurance Company The Camden Fire Insurance Association Centennial Insurance Company Central Mutual Insurance Company The Central National Insurance Company of Omaha The Charter Oak Fire Insurance Company Cigna Insurance Company Commercial Insurance Company of Newark, New Jersey The Connecticut Indemnity Company Continental Casualty Company The Continental Insurance Company Continental Reinsurance Corporation Dependable Insurance Company, Inc. Employers Mutual Casualty Company Employers Reinsurance Corporation Fairmont Insurance Company Farmers Alliance Mutual Insurance Company Federal Insurance Company Federated Mutual Insurance Company The Fidelity and Casualty Company of New York Fidelity and Deposit Company of Maryland Fireman's Fund Insurance Company Firemen's Insurance Company of Newark, New Jersey First National Insurance Company of America Foremost Insurance Company Fremont Indemnity Company General Accident insurance Company of America General Insurance Company of America General Reinsurance Corporation -25- Listing of Surety Companies, Continued Page Three The Glens Falls Insurance Company Global Surety do Insurance Co. Globe Indemnity Company Grain Dealers Mutual Insurance Company Great American Insurance Company Greater New York Mutual Insurance Company Gulf Insurance Company The Hanover insurance Company Harco National Insurance Company Harleysville Mutual Insurance Company Hartford Accident and Indemnity Company Hartford Casualty Insurance Company Hartford Fire Insurance Company The Hawaiian Insurance do Guaranty Company Highlands Insurance Company Highlands Underwriters Insurance Company The Home Indemnity Company The Home Insurance Company Houston General Insurance Company INA Reinsurance Company ITT Lyndon Property Insurance Company Imperial Casualty and Indemnity Company Indemnity Insurance Company of America Industrial Indemnity Company Insurance Company of North America Insurance Company of the West Integrity Insurance Company International Insurance Company Iowa National Mutual Insurance Company John Deere Insurance Company Liberty Mutual Insurance Company Lumbermen Mutual Casualty Company -26- I ' Listing of Surety Companies, Continued Page Four Maryland Casualty Company Mead Reinsurance Corporation The Mercantile and General Reinsurance Company of America Michigan Millers Mutual Insurance Company Michigan Mutual Insurance Company Mid-Century Insurance Company The Millers Mutual Fire Insurance Company of Texas Munich American Reinsurance Company National Fire Insurance Company of Hartford National Indemnity Company The National Reinsurance Corporation National Surety Corporation Nationwide Mutual Insurance Company New Hampshire Insurance Company New York Underwriters Insurance Company Newark Insurance Company North American Reinsurance Corporation The North River Insurance Company North Star Reinsurance Corporation Northbrook Property and Casualty Insurance Company Northwestern Pacific Indemnity Company The Ohio Casualty Insurance Company Ohio Farmers Insurance Company Old Republic Insurance Company Pacific Employers Insurance Company Pacific Indemnity Company Peerless Insurance Company Pennsylvania Manufacturers' Association Insurance Company Phoenix Assurance Company of New York The Phoenix Insurance Company Progressive Casualty Insurance Company Protective Insurance Company -27- I 0 Listing of Surety Companies, Continued Page Five Prudential Reinsurance Company Ranger Insurance Company The Reinsurance Corporation of New York Reliance Insurance Company Republic Insurance Company Republic Western Insurance Company Royal Indemnity Company Royal Insurance Company of America SAFECO Insurance Company of America St. Paul Fire and Marine Insurance Company St. Paul Mercury Insurance Company Seaboard Surety Company Security Insurance Company Select Insurance Company Skandia America Reinsurance Corporation South Carolina Insurance Company The Standard Fire Insurance Company State Farm Fire and Casualty Company Transamerica Insurance Company Transamerica Premier Insurance Company Transcontinental Insurance Company Transportation Insurance Company The Travelers Indemnity Company The Travelers Indemnity Company of America The Travelers Indemnity Company Trinity Universal Insurance Company Twin City Fire Insurance Company Unigard Security Insurance Company United Fire h Casualty Company United Pacific Insurance Company United States Fidelity and Guaranty Company United States Fire Insurance Company -28- Listing of Surety Companies, Continued Page Six Universal Underwriters Insurance Company Utica Mutual Insurance Company Valley Forge Insurance Company Vigilant Insurance Company West American Insurance Company Weschester Fire Insurance Company The Western Casualty and Surety Company The Western Fire Insurance Company Western Surety Company Westfield Insurance Policy -29- .MAINTENANCE OF LANDSCAPING VARIOUS CITY PARKS, PARKWAY AREAS, AND SPECIFIED CITY FACILITIES SPECIAL PROVISIONS SCOPE OF WORK TO BE DONE The work to be done under this contract consists of the maintenance of various parks, parkways, and facilities in the City of San Juan Capistrano. SECTION 1 - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1985 Edition, hereinafter referred to as the Standard Specifications. The Contractor shall maintain a copy of this book on the job-site at all times. Unless otherwise specified, errata and supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: Contract Termination "If at any time, in the opinion of the Public Works Director, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract, notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within_ the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City may designate. Upon such termination, the SP-1 0 0 Contractor's control shall terminate and thereupon the City Council, or its duly authorized representative, may take possession of alt or any part of the Contractor's materials, tools, equipment, appliances, and plant, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City Council may annul and cancel the contract and re-let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the sureties from liability or failure to fulfill the contract. Contractor and sureties will be credited with the amount of monies so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operation of the contract and the completion of the work by the City as provided above, and the Contractor will be credited with any surplus remaining after all just claims for such completion have been paid." Change 2: Section 8 - Facilities for Agency Personnel Delete this Section. SECTION 2 - TERMS DEFINED Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City departments or persons shall be intended: AGENCY shall mean City of San Juan Capistrano, whenever appropriate. BOARD shall mean the City Council of the City of San Juan Capistrano. ENGINEER shall mean City Engineer or other person(s) designated by same. SP-2 0 0 SECTION 3 - FLOW AND ACCEPTANCE OF WATER Surface or other waters may be encountered at various times during construction. The Contractor, by submitting a bid, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his bid accordingly. It shall be the sole responsibility of the Contractor to protect his work from danger due to any waters encountered. Should any damage to the work due to surface or other water occur prior to acceptance of the work by the City, the Contractor shall repair such damage at his expense. SECTION 4 - WATER Water will be available from the Capistrano Valley Water District. Arrangements for temporary construction water services permit and water service may be made by contacting the Capistrano Valley Water District at 714/493-1515 one week prior to need for service. All water facility construction shall conform to the "Standard Specifications," Capistrano Valley Water District, and "The Uniform Plumbing Code," 1982 Edition. SECTION 5 - INSURANCE AND OVERHEAD COSTS The Contractor shall receive no direct compensation for insurance and overhead (move-in costs, for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. SECTION 6 - PROTECTION OF EXISTING UTILITIES (UNDERGROUND SERVICE ALERT) The Engineer has endeavored to show all existing utilities. The Contractor must, however, take all due precautionary measures to protect all of the existing utilities. The Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any construction work. SP-3 9 0 The Contractor's attention is directed to the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the USA by calling 1-800-422-4133. Other utility phone numbers are noted on Sheet l of the plans. Full compensation for conforming to the requirements of this section shall be considered as included in the contract bid prices paid for the various items of work, and no additional compensation will be allowed therefor. SECTION 7 - PROTECTION OF PRIVATE PROPERTY The Contractor must remain within the construction zone to the best of his ability. The Contractor must protect all existing private property. SECTION 8 - CONSTRUCTION ZONE Contractor shall protect property and facilities adjacent to the construction zone, and all property and facilities within the construction zone which are shown on the plans to be protected. After completion of project, the construction zone shall be clean and in a presentable condition. .All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of facilities are damaged, they shall be replaced with new materials equal to the original. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, way or parking area during performance of the contract work, and Contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. The Contractor shall be responsible for investigating conditions of available public and private roads and of clearances, restrictions and other limitations affecting transportation and ingress and egress to the site of the work. SP-4 SECTION 9 - PRE-CONSTRUCTION COORDINATION MEETING Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor, the Engineer, and involved utility representatives. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor will be required to submit a complete schedule showing the number of working days required to complete each phase of the project. This schedule shall be approved by the City Engineer prior to the start of construction. SP-5 PARKSITES 1. Bonita Park - .6 acres; west side of Via Del Rey, across from Via Lorado; automatic irrigation controls, grass playgorund equipment and trees. 2. Four Oaks Park - 2.54 acres; east sideof Via Madonna between Calle Santa Ynez and Via Del Cerro; automatic irrigation, grass and trees. 3. Rio Oso Park - .8 acres; west side of Avenida De La Vista adjacent to Oso Road; automatic irrigation, grass and shrubbery. 4. Arce Park - .2 acres; northwest corner of Del Obispo Street and Aiipaz Street; manual irrigation, grass, trees and shrubs. 5. Arroyo Park - 3.6 acres; bordered by Via Parra on the east, Sundance Road on the west; automatic irrigation, grass, trees, shrubs and equestrian trail. 6. Mission Bell Park - 2.8 acres; west side of Alipaz Street, north of Calle Jardin; 30 trees and grass; automatic sprinkler system. 7. Descanso Park - 1.0 acres at the confluence of Trabuco and San Juan Creeks; automatic irrigation controls (City will maintain restrooms). 8. C. Russell Cook Park - Calle Arroyo and Del Campo; 1.5 acres of grass; row of 20 mature Ecualyptus trees; one jacaranda; automatic irrigation. 9. Mini- Park - .3 acres located at Yorba and Camino Capistrano; crushed rock ground cover. 10. Junipero Serra - 3.75 acres located at Calle Santa Rosalia and Calle Bonita; automatic irrigation. 11. El Camino Real Park - 4.5 acres located on Camino Capistrano from La Zanja to Calle Chueca; automatic irrigation (City will maintain restrooms). SP-6 12. Cook Park (Ball Diamonds) - 9 acres; east side of Calle Arroyo between Via Entradero and Via Solana adjacent to San Juan Creek; automatic irrigation controls, grass, two baseball diamonds, and trees. 13. Cook Park (Ortega Properties) - 6.5 acres; east side of Calle Arroyo between La Novia Avenue and Paseo Tirador adjacent to San Juan Creek; automatic irrigation controls, grass, trees and basketball court. 14. Acu Park - 4.7 acres; located at Camino Las Ramblas and Avenida Pescador; automatic irrigation controls, grass, and trees. SP-7 PARKWAY AREAS 1. Del Obispo Street, easterly side form southerly city limits to Blue Fin Drive; Blue Fin Drive on southerly side to Via La Pluma; 22 Jacaranda trees and ground cover; manually controlled irrigation. 2. Camino Del Avion, each side, easterly from Del Obispo; 10 Sycamores, 13, Acacias, five Peppers; water truck for trees, weed control. Additionally, Del Obispo Street on school side; 23 Sycamores and eight Pear trees; water truck for trees, weed control. 3. Calle Aspero, each side from Del Obispo Street to Calle Ricardo; 22 Jacarandas and 22 Peppers; water truck for trees; weed control. 4. East side of Aguacate Road at Estelita to northerly end of street; 12 Evergreen Pear trees, Bougainvillea, three Olives, 17 Bottle Brush, 42 Sycamores, and ground cover; manually controlled irrigation system; also water truck required. 5. a. Del Obispo Street at Terraza; 12 Evergreen Pears, 26 Sycamores and ground cover; manually controlled irrigation system. Del Obispo, north side from Paseo Terraza easterly to Via Belardes; four Evergreen Pear trees, 13 Sycamores (water truck required); weed control. b. Del Obispo Street, north side from Trabuco Creek bridge to Camino Capistrano; 30 Sycamores, weed control. c. Del Obispo Street, traffic island between Camino Capistrano and the railroad; 12 Sycamores and ground cover (manually controlled irrigation system). 6. Camino Capistrano, freeway side from San Juan Creek Road southerly 1,500; 120 Liquid Ambers, weed control. 7. Easterly side of San Juan Creek Road between Camino Santo Domingo and northerly end of improvements; eight Evergreen Pears, 20 Sycamores (water truck required} weed control. SP-8 0 0 8. Via Cristal at Ortega Highway; 20 Sycamores. Ortega Highway at Via Cristal 43 trees and ground cover. 9. Calle Arroyo, south side of street from Sundance Drive to Del Campo and from Via Cordova to Avenida Siega; 60 Eucalyptus, 92 Liquid Ambers/Sycamores, ground cover; automatic irrigation system. Calle Arroyo, north side of street starting 100 feet east of Via Cordova and extending to the end of Tract 5126 boundary; 35 Sycamores, l maple, 3 Blooming Pears, 47 Eucalyptus; automatic irrigation. 10. Avenida Siega, northeast side from Calle Arroyo to Ortega; equestrian trail, 34 Eucalyptus, 15 Liquid Ambers; automatic irrigation system. Ortega Highway, southeast side from Avenida Siega to end of Tract 9204 boundary; grass, 5 Elms, 5 Sycamores, 6 Eucalyptus and 1 Pepper, automatic irrigation system. 11. a. Camino Capistrano, north side from Avenida Padre to Avenida Golondrina; 18 Sycamores, shrubs and ground cover; automatic irrigation system; weed control. b. Camino Capistrano, traffic island between Del Obispo Street Avenida Golondrina; 18 Sycamores, shrubs and ground cover, automatic irrigation system; weed control. c. Del Obispo Street, traffic island from Camino Capistrano to 220' easterly; 12 Sycamores, shrubs and ground cover; automatic irrigation system; weed control. 12. The northeast corner of Del Obispo Street and Camino Capistrano, extending 200' easterly from the corner; 12 California Sycamores, shrubs and lilies; automatic irrigation system. SP-9 13. Ortega Properties Parkways - 2.5 acres twenty feet from curb around the perimeter and internal roads within Ortega Properties development. Automatic irrigation controls; grass, trees, and shrubs. 14. Desilting basins and fitness trail - 12.5 acres on east side of Camino Las Ramblas from Acu Park south to Kinkerry Lane; automatic sprinkler system; basins require maintenance of ground cover on the slopes, trail requires weed and erosion control. 15. The west side of Camino Las Ramblas from Avenida Pescador to Kinkerry Lane; automatic irrigation system; ground cover and trees; (191). l6. Southwest corner of Alipaz Street and Del Obispo Street - 2,800 square feet; 15 Sycamores, shrubs, ground cover with manual irrigation, weed control. 17. Ortega Highway and Sundance Drive (Sunhollow Tract); 6,720 square feet of equestrian trail; 3,350 square feet of shrubs and ground cover; 1,560 square feet of grass and 27 trees with automatic irrigation, weed control. 18. Rancho Viejo Road - 1.07 acres of trees and grass 10 feet from curb in parkways with shrubs and ground cover in medians; automatic irrigation and weed control. 19. Camino La Ronda - approximately 54,000 square feet, including easterly terminus in Tract 9373 (Los Corrales) and flood control channel running from this point downstream to channel, fencing; automatic irrigation. 20. Rancho Viejo Road - Endevco - 14,253 square feet including medians and westerly parkway from Malaspina Road south to gated entrance. Trees, irrigation may require water truck, shrubs, ground cover, weed control, automatic irrigation on medians. 21. Northwest corner of Calle Aspero and Calle Ricardo - approximately 400 square feet including in front of Tract sign and Pepper trees adjacent to and north of Calle Aspero; weed control and water truck required. SP-10 0 0 22. Del Obispo Street and Camino Del Avion, 19 Sycamore trees, shrubs and ground cover, automatic irrigation. 23. Del Obispo Street (in front of Christian's Farmers Market south side) 22 Jacaranda and 10 Prunus Newport Plum trees, shrubs, ground cover, and automatic irrigation. 24. Price Club from end of City limits to north end of Price Club property, 3 medians, 25 Eucalyptus trees, and shrubs, automatic irrigation. SP-ll CITY FACILITIES *Multimodal at terminus of Verdugo Street including Verdugo Street complex; alleyway and part of Camino Capistrano. Trees, ground cover, turf grass, shrub beds, parking lot medians, sidewalks, common seating areas, parking lot; automatic and manual irrigation. *Old Fire Station Facility corner of El Horno Street and La Matanza; trees, shrubs and ground cover, turf grass, walkway and parking lot; automatic irrigation on turf. *Library - northwest corner of El Camino Real and Acjachema Street; trees, shrubs and shrub hedges, ground cover, turf grass, climbing vines, drains, sidewalk, walkway, steps, courtyard, common seating areas, fountain and pool, parking lot; automatic and drip irrigation. *Montanez Adobe - 31745 Los Rios Street; shrubs and ground cover, shrubs hedges, turf grass; manual irrigation and weed control, parking lot landscaping. *City Hall - Terminus of Paseo Adelanto includes all landscaping adjacent to a main complex, Capistrano Valley Water District trailer and Hot Springs Dance Hall; trees, shrubs and shrub hedges, ground cover, turf grass, parking lot medians, sidewalks, parking lot; automatic irrigation. *Will require additional litter control of common seating; parking lot and sidewalk cleaning to maintain good public visibility before and after weekends. SP-12 9 0 MAINTENANCE OF LANDSCAPING IN VARIOUS CITY PARKS, PARKWAY AREAS, AND SPECIFIED CITY FACILITIES GENERAL PROVISIONS A. Turf Grass 1. All lawn areas are to be mowed weekly, or as needed to maintain the height specified below and borders neatly edged. Trim around sprinkler heads as needed to provide maximum water coverage. Trim around planters. Remove and dispose of all cuttings. Mow to the following height: Bermuda - 1/2" to 1" Bluegrass - 1-3/4" to 2-1/4" 2. Irrigate as necessary to maintain proper growth rate and optimum appearance (See Section E., Irrigation). 3 Maintain lawn areas in a weed-free condition. a. A pre-emergent crabgrass control shall be applied to all bluegrass turf between February 15 and April 15 of each year. b. Chemical control of broadleaf weeds shall be initiated on an as-needed basis to maintain a "weed-free" turf condition. This shall be the program for all bluegrass an bermuda grass areas. 4. Aerate twice a year between February 1 and March 31 and September 1 and October 31. Aerate all turf removing 1/2" by 2" cores of sod with an aerator machine at not more than 6" spacing. 5. Turf shall be dethatched twice a year between February 1 and March 31; also September 1 and October 31. This shall be accomplished by using a "flail type" dethatching machine. 6. Fertilization a. Bluegrass and fescue turfs shall be fertilized every 30 to 45 days, as needed not to exceed 60 to 75 days, at the rate of one pound of actual nitrogen per 1,000 square feet. A 16-6-8 formula with tract elements is recommended, or a formula specified by the Director of Public Works or his authorized representative. b. Bermuda grass turf shall be fertilized at the rate of one pound of actual nitrogen per 1,000 square feet. Fertilizer of an ammonia nitrate 33.5-0-0 formula shall be applied once during the months of January and December. Fertilizer of a urea 46-0-0 formula shall be applied every 60 days February through November. 7. A broad spectrum of fungicide (to be approved by City Field Supervisor) shall be applied to all bluegrass turf at the preventive rate beginning April 1 each year. Additional applications shall be made at the curative rate as necessary throughout the year. SP-13 8. Turf Grass All lawn areas will be programmed for reseeding between the months of October and November as directed by the Director of Public Works or his authorized representative. Grass seeds hall be an annual rye type designated by the City representative and the costs for the materials shall be the responsibility of the Contractor. B. Slope Care 1. Ground Cover (Grass, herbaceous plants). a. Irrigate as required to maintain a reasonable appearance. b. Fertilization: 1) Iceplant areas shall be fertilized when recommended by the Director of Public Works or his authorized representative with the rate of each application to be one pound of actual nitrogen per 1,000 square feet using a 16-16-16 formula material, or a formula specified by the Director of Public Works or his authorized representative. 2) Grass areas (Alta Fescue, etc.) shall be fertilized every 120 days with the rate of each application to be one pound of actual nitrogen per 1,000 square feet using a I6-16-16 formula material, or a formula specified by the Director of Public Works, or his authorized representative. c. Control pests, including rodents and snails, as needed. d. Maintain a maximum allowable height of 24" on slope areas. The seed stems and heads shall be removed from the grass (Alto Fescue, etc.) before they go off color each year. e. Trim and edge to maintain sidewalks and curbs free of plant growth. C. Shrub and Ground Cover Care 1. Prune to maintain reasonable size and appearance. 2. Annually thin out, shape and head back all shrubs. 3. Control pests and diseases as needed. 4. A broad spectrum pre-emergent weed control, such as Treflan, shall be applied to shrub beds and ground cover beds in April and September of each year. Additional weed control shall be initiated as necessary to maintain a weed-free condition. 5. Ground cover areas should be fertilized every ninety (90) days with the rate of each application to be one pound of actual nitrogen. per 1,000 square feet using 16-16-16 formula material, or a formula specified by the Director of Public Works or his authorized representatives. SP-14 0 0 6. Trim and edge as necessary to restrict growth from encroaching on sidewalk or other adjacent areas. 7. Irrigate as required to maintain adequate growth rate and reasonable appearance. 8. Annual bedding plant areas shall be programmed for replacement for three times a year, as directed by the Director of public Works or his authorized representative. Replacement plants shall be a suitable type to provide the maximum amount of color (bloom) during the time they are in the bed areas. All of the applicable maintenance programs covered in this section shall apply to these annual bedding plant areas as well. The costs of these plants and associated materials shall be the responsibility of the Contractor. D. Tree Care 1. Shape, trim and prune to maintain a reasonable appearance. 2. Annually thin out, shape and head back all trees. 3. Control pests and diseases as needed. 4. Remove all dead and damaged branches back to point of breaking. 5. Stake and support trees when necessary. 6 Stakes and ties will be placed so no chafing of bark occurs. Remove as soon as no longer needed. 7. All guys and ties shall be checked frequently to avoid girdling. 8 Applications of an iron chelate fertilizer shall be used as needed throughout the year, where necessary to maintain healthy, vigorous growth and good foliage color. 9. Irrigate as required to maintaining adequate growth rate appearance. E. Irrigation System 1. The CONTRACTOR shall maintain the complete sprinkler system in an operable condition. 2. Repair and adjust all sprinkler heads to maintain proper coverage. 3. Adjust water application to compensate for changes in weather. CONTRACTOR will be responsible for damages occurring due to underwatering or over-watering. 4. All replacements to be with original type material or substitutes approved by the CITY. SP-15 0 0 5. Repair or replacement of equipment damaged as a result of CONTRACTOR'S negligence shall be replaced at the CONTRACTOR'S expense as will the cost for any water loss during this time. 6. Damage not resulting from CONTRACTOR'S negligence will be reported promptly to the CITY, together with an estimate of costs for connection of the condition. 7. Alt systems to be operationally checked a minimum of once a week. 8. Irrigation of park will be accomplished between 10:00 p.m. and 4:00 a.m., subject to change by CITY. 9. Irrigation by water truck will be accomplished during day-light hours and no less than bi-weekly, or as directed. 10. A minimum 500 gallon capacity tank is required. It. CONTRACTOR is required to be present during watering and/or inspect the irrigation system daily to assure that there are no problems with the system. F. Common Seating Areas I. Sweep, clean and remove debris a minimum of once a week. 2. Inspect and check all benches and equipment for vandalism and safety hazards; make minor repairs and report major damage to CITY. 3. Maintain concrete areas by hosing off sand and base materials a minimum of once a week. 4. Immediately remove all broken glass and any sharp objects. G. Restrooms 1. As required, restroom facilities will be maintained by CITY. H. General 1. Vegetation shall not overhang a sidewalk at less than seven (7) feet in height or a roadway at less than 14 feet in height. 2. All operations will be conducted so as to provide maximum safety for the public. 3. Where contract work may create potential or know hazards on streets or roads and to persons traversing them, CONTRACTOR shall obtain at his own expense and place whatever signs, lights, barricades, cones or other safety devices are necessary to prevent accidents, injuries or damages, consistent with the Orange County Manual of Warning Signs, Lights and Devices and with all other applicable ordinances and statutes. When working red vests shall be worn at all times. SP-16 4. Leaves, paper, weeds, and other debris will be removed from landscaped areas and disposed of off-site. Trash cans provided by the CITY will be emptied and washed out after emptying. 5. CONTRACTOR will clean sidewalks, roadways, and any other areas dirtied by his maintenance operations. 6. CONTRACTOR will report to CITY any malfunction of the lighting system in any CITY-maintained area. 7. Notification of all "specialty type" maintenance operations shall be given to the CITY 48 hours prior to each of these operations by the CONTRACTOR. "Specialty Type" maintenance operations are defined as: fertilization, pre- emergent weed control; turf aerification; turf dethatching; preventative application of turf fungicide; and annual type bedding plant replacements. 8. CONTRACTOR is required as part of this agreement to furnish all materials necessary to accomplish maintenance in accordance with the foregoing specifications. CONTRACTOR is further required to stock high usage items for repair of irrigation systems. CONTRACTOR will be reimbursed the wholesale cost of such materials and parts upon presentation of properly itemized invoices. Any other types of materials required to be furnished will be considered as extra work (see Section I). 9. CONTRACTOR is required to maintain an office in Orange County and provide the office with telephone service during normal working hours. If a telephone answering service is utilized, the answering service shall be capable of contacting CONTRACTOR by radio or pager. CONTRACTOR is further required to provide CITY with an emergency number for contact outside the normal working hours. 10. Whenever herbicides are used, CONTRACTOR shall apply when air currents are still, to prevent herbicide drift onto adjoining property, and to prevent any toxic exposure to persons whether or not they are in or on the grounds. 11. CONTRACTOR is also required to provide uniforms and name badges for all field personnel. 12. Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. 13. Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. 14. Compile and maintain "as builts" of all irrigation systems to include location and serial numbers of major components. Turn over to CITY on termination of agreement. 15. CONTRACTOR shall not block bike trail with equipment or materials during or after his maintenance operations. 16. Rake and remove debris, trash and other materials a minimum of twice a week. SP-17 0 0 17. Remove from park and parkways any, and all animal feces or materials detrimental to human health daily. 18. CONTRACTOR shall submit a work schedule identifying the number of persons working in the area and the anticipated hours of work for each week. 19. CONTRACTOR shall remove a daily the water accumulated on the basketball court area in the Cook Park Ortega Properties. I. Extra Work 1. Extra Work will not be performed without prior approval by CITY unless a condition exists wherein it appears there is danger of injury to persons or damage to property. 2. Extra work may be required by the CITY as a result of acts of God, vandalism, theft, civil disturbances or accidents. 3. Extra work may be required by the CITY in order to add new landscaping or to delete or modify existing landscaping. 4. Payment for extra work will be based on actual cost of labor; plus wholesale cost of materials; plus a percentage of materials. 5. The Director of Public Works, or his authorized representative, is authorized to approve extra work up to 25 percent (25%) of the annual cost of the agreement. J. Standards of Performance All other portions of this agreement notwithstanding, it is agreed that the intent of this maintenance contract is to provide a level of maintenance that will present a pleasing and desirable appearance at all times. CONTRACTOR agrees to maintain all designated areas covered by this agreement at such level. K. Statement of Experience All applicants are required to submit a statement of experience on related projects. This should include availability of experienced labor, available equipment, and qualifications of your designated project manager/supervisor. L. Spraying All contractors are required to show verification of a current herbicidal spraying permit issued by the Department of Agriculture. M. City Inspection CONTRACTOR or responsible representative may be expected to inspect all locations once each month accompanied by a representative from the CITY. At that time inadequacies/areas of improvements will be determined prior to release of payment for that month. if the CONTRACTOR fails to provide services, as per specifications noted in the inspection, the CITY shall have the right to withhold payment or that portion of payment as determined as appropriate by the CITY to correct the problem. SP-l8 M • N. Daily Reporting CONTRACTOR shall make daily contact with City Supervisor to determine work level and effort, as well as maintenance performance. Contractor shall provide City with a weekly log sheet showing the names, dates, and hours worked of all employees for the previous week. O. Inclement Weather CONTRACTOR shall be responsible for the checking of landscape maintenance areas and for the removal and disposal of broken branches, fallen trees and erosion control. P. Library Facilities Fountain and reflecting pool are to be maintained and kept clean and free of debris and leaves. Area drains are to be checked and cleaned as needed. Q. Fertilizing CONTRACTOR will be responsible for providing all fertilizing material as designated by CITY specifications. All fertilizing will be performed under the CITY'S supervision and only with prior CITY knowledge and approval of its application. SP-19