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1986-0102_CAPISTRANO VALLEY LANDSCAPE_Settlement Agreement
0 This Settlement Agreement is entered into as of this 9th day of January, 1986 by and between TAKEO YOSHIMDRA ("YOSHIMORA") and RONALD JOHNSON ("JOHNSON"). WHEREAS, YOSHIMDRA and JOHNSON formerly conducted a landscaping business under the name of YOSHIMDRA h JOHNSON LANDSCAPING, a general partnership, which said partnership was dissolved on January 2, 1986; and WHEREAS, there are certain outstanding contracts for which the parties wish to establish rights as hereinafter defined, NOW, THEREFORE, the parties agree as follows: 1. That as of January 2, 1986 YOSHIMURA shall be entitled to all rights and interest in the below listed contracts/clients and JOHNSON hereby waives any and all interest he may have had in said contracts. A. Toomey contract B. Mc Cook contract C. Jim Shin 2. That as of January 2, 1986 JOHNSON shall be entitled to all rights and interest in the below listed contracts/clients and YOSHIMDRA hereby waives any and all interest he may have had in said contracts. S.J.C.-City A. City of San Juan Capistrano - Capistrano Royal 7P3!h * 7275 B. City of San Juan capistrano - San Juan District 7263 7476 C. City of San Clemente - Los Maries 7131 IN WITNESS WHEREOF,the parties have entered the 9th day of January, 1986. JANUARY 3, 1986 CITY OF SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO, CALIFORNIA TO WHOM IT MAY CONCERN: WHEREAS, YOSHIMURA AND JOHNSON EXECUTED.THE DISSOLUTION OF THE PARTNERSHIP ON JANUARY 2, 1986. RON JOHNSON WILL BE FOR ALL CONTRACTS HELD WITH THE CITY OF SAN JUAN CAPISTRANO, PURCHASE ORDER NUMBERS LISTED BELOW: # 7383 #:7263 # 7131 # 7275 # 7476 I, RON JOHNSON, WILL BE DOING BUSINESS AS CAPISTRANO VALLEY LANDSCAPE AND MAINTENANCE COMPANY, 33826 VIA DE AGUA, SAN JUAN CAPISTRANO, CALIFORNIA 92675 RONALD D. JOHNSON CAPISTRANO VALLEY LANDSCAPE AND MAINTENANCE 33826 VIA DE AGUA SAN JUAN CAPISTRANO, CALIFORNIA 92675 A G R E E M E N T LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS 7673, 8485., 9382, 9284, & 9373/7654 THIS AGREEMENT is made and entered into this 21st day of May 1985, between the City of San Juan Cap trano herein ter re erre to as "CITY", and Yoshimura s Johnson hereinafter referred to as =CONTRACTOR" for la—Frascape maintenance of specified portions of various parkways, parks and specified City facilities. The implementing authority for the CITY shall be the Department of Public Works. W I T N E S S E T H: SECTION 1. TERM: This Agreement shall commence on the 1st day of June 1985, and shall remain and continue in of act for a period of twenty-four (24) months thereafter, subject to extension or termination as described in Section 11 or Section 12. SECTION 2. MAINTENANCE: Maintenance shall include but not be limited to slopes, parkways and other specified areas in above referenced tracts. CONTRACTOR may be required to perform extra work as deemed necessary by the Director of Public Works. SECTION 3. MEASUREMENT AND PAYMENT: CONTRACTOR shall agree to provide all necessary labor, machinery, tools, equipment and all other utility and transportation services required to perform the landscape maintenance in the manner specified herein for the following consideration: , Specified areas in Tracts 7673, 8485., 9382, 9284, and 9373/7654. Total Monthly Cost Total Annual Cost Total Bi -Annual Cost -12-d $ 2,,534.33 $ 30, A. $ 60,824.00 I 1 I , II II II 1 k 1 1 1 1 Payment for any extra work directed by CITY shall be the actual cost of labor plus wholesale cost of material plus 20 percent. Monthly payments to CONTRACTOR will be made on the regular day for payment of City bills by the CITY Treasurer. CONTRACTOR shall submit detailed invoices with backup vouchers for all charges other than monthly costs for item above. At the sole discretion of the Director of Public Works, additions or deletions may be made to this agreement which may result in an increase or decrease in the areas and acreage to be maintained. Such changes will be submitted to CONTRACTOR in writing and shall be identified as addendums to this agreement. The affected areas will be classified, measured, and priced in accordance with the unit costs specified above. SECTION 4. GENERAL PROVISIONS: General provisions for the work to be performed are contained herein and are made a part of this agreement by reference. SECTION 5. EQUIPMENT, LABOR AND PREVAILING WAGES: CONTRACTOR shall use and furnish at his own expense all labor and equipment necessary for the satisfactory performance of the work set forth in this contract. Eight (8) hours constitutes a legal day's work. The time worked by each workman employed in the execution of the agreement by CONTRACTOR or any sub -contractor under him is limited and restricted to eight hours in any one calendar day and 40 hours in any one calendar week. Work performed in excess of eight hours per day shall be permitted upon compensation at not less than one and one half times the basic rate of pay provided in Section 1815, California Labor Code. The CONTRACTOR and all su¢-contractors shall keep accurate records showing the name and hours worked each calendar day and calendar week by each workman in accordance with Section 1812, California Labor Code. In the performance of the terms of the agreement, CONTRACTOR agrees that he will not engage in nor permit such sub -contractors as he may employe from engaging in discrimination in employment of persons because of race, color, national origin, ancestry, or religion. Pursuant to Section 1771 of the Labor Code, CONTRACTOR is required to pay the general prevailing rate of per diem wages for each laborer or, workman performing any work under this contract. SECTION 6. CONTROL OF WORK: The Director of Public ' Works, or his authorized representatives, shall decide all questions which may arise as to the manner of performance and rate of progress of the work; all questions as to the acceptable -13- 1 11 11 fulfillment of the contract on the part of the CONTRACTOR: all questions as to the interpretation of the specifications; and all questions as to compensation. His decisions shall be final and he shall have authority to enforce and make effective such decisions. When condition of a maintained area is determined by the Director to be substandard due to inadequate or improper maintenance, monthly payment may be withheld until such condition is resolved to the satisfaction of the Director. SECTION 7. PROSECUTION OF WORK: The CONTRACTOR shall ' begin maintaining landscaping within fifteen (15) days after the execution of the agreement by the CITY and shall diligently prosecute the same until the termination of the agreement. ' SECTION 8. CONTRACT BONDS: Prior to the date of execution of this agreement by CITY, CONTRACTOR shall deposit with the CITY a surety bond to secure the faithful performance ' of this contract and a separate bond to secure payment of persons performing labor and furnishing materials in connection with this contract, each bond shall be in the amount of not less than one ' hundred percent (100%) of the amount of this contract. All bonds shall be submitted on the forms provided in these specifications. ' The CONTRACTOR shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1979 Edition, hereinafter referred to as the Standard Specifications. ' Change 1: "Section 2-4 - Contract Bonds" The "Payment Bond" (Material and Labor Bond) shall be ' in the amount of 100 percent (100%) of contract price. The "Faithful Performance Bond" shall be held in assurance of guaranteed performance for a period of, one year after acceptance of the improvements by the City Council. ' Change 2: "Liability Insurance The amounts and provisions of insurance are modified to be: 1 Bodily Injury $ 500,000 each person Bodily Injury $1,000,000 each accident ' Bodily Injury $1,000,000 aggregate products Property Damage $ 500,000 each accident ' Property Damage $ 500,000 aggregate operations - Property Damage $ 500,000 aggregate protection Property Damage $ 500,000 aggregate products Property Damage $ 500,000 aggregate contractual 1 1 -14- 1 F k 0 0 The CONTRACTOR shall likewise obtain public liability and property damage insurance to cover vehicles used or maintained by him, whether on or off the premises, with liability limits of not less than $500,000, for any one person, and $500,000 for any one accident, and property damage of $500,000. The insurance amounts set forth herein are the minimum amounts required by the CITY. Other agencies with which the CONTRACTOR may be involved in the accomplishment of the work may require greater amounts. The CITY will not recognize any claim for additional compensation because of the requirement for greater amounts of insurance, as an element to be considered by the CONTRACTOR in determining his bid. SECTION 9. SAFETY: CONTRACTOR agrees to perform all work outlined in this contract in such manner as to meet all accepted standards for safe practices during operations and to maintain safe conditions of premises and ways at all times, including safely stored equipment, machines, materials or debris, protected excavations, or other hazards consequential or related to his work; and agrees additionally to accept the sole responsi- bility for complying with all applicable, local, County, State or other legal requirements including but not limited to full compliance with the intents and terms of the applicable OSHA and CAL/OSHA safety orders at all times, so as to protect all persons, including CONTRACTOR employees, agents of CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. Crimes, thefts, vandalisms, hazards, etc., shall be initially reported by telephone followed by confirmation in writing to the Director of Public Works or his representative. SECTION 10. INDEMNITY PROVISION: The CONTRACTOR shall be responsible from the time of the beginning of operations, and all injury or damage of any kind resulting from said operations to persons or property regardless of who may be the owner of the property. In addition to the liability imposed upon the CONTRACTOR on account of the CONTRACTOR's negligence, which liability is not impaired or otherwise affected hereunder, the CONTRACTOR assumes the obligation to save the CITY harmless and to indemnity the CITY from every expense, liability or payment arising out of or through injury (including death) to any person or persons or damage to property (regardless of who may be the owner of the property) of any place in which work is located, arising out of or suffered through any act or omission of the CONTRACTOR or any sub -contractor or anyone directly or indirectly employed by or under the super- vision of any of them in the prosecution of the operations included in this contract. -15- F I SECTION 11. CONTRACT EXTENSION: In the event CONTRACTOR has fully complied with all terms and conditions of this contract, as determined in the sole discretion of CITY'S Director of Public Works, CONTRACTOR may request that the duration of this contract be extended for a successive period of twelve months. CONTRACTOR shall submit his request in writing to the Director of Public Works at least 30 calendar days prior to the date on which the contract or an extension thereof would otherwise have terminated. In no event shall the total term of this contract, including all extensions, exceed 36 months. SECTION 12. CONTRACT TERMINATION: Any other provisions herein to the contrary notwithstanding, and in addition to other methods of termination provided for herein or available under the laws of the State of California, it is agreed that this agreement shall terminate thirty (30) days after written notice of intent to terminate which may be given by the CITY to the CONTRACTOR. SECTION 13. NOTICES: Any written notices to the parties hereto shall be sufficient if they are deposited in the United States mail in envelope, postage prepaid by registered or certified mail, addressed as follows: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SECTION 14. ASSIGNMENT: CONTRACTOR may not assign this agreement without prior consent and approval of CITY. SECTION 15. LICENSING REQUIREMENTS: CONTRACTOR is required to possess either a valid C-27 Landscape Maintenance License or a valid Class A Contractor's License. In addition, CONTRACTOR must possess a Pest Control Advisor's License and a Pest Control Operator's License or must sub -contract pest control requirements to a licensed contractor. IN WITNESS WHEREOF, the parties hereto have executed this agreement at San Juan Capistrano, California the day and year first above written. -16- •. • CITY OF SAN JUAN CAPISTRANO CONTRACTOR: APPROVED AS TO FORM: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of the Agreement For Maintenance of Land- Scaping in Various Park Sites and Parkway Areas and Specified City Facilities, executed by the Mayor of the City Council of the City of San Juan Capistrano, California. -17- ��1 e u���X� MARY OVER, CITY C ERK Ah Please sign, date, and SAN return to the City Clerk's Department NOTICE TO PROCEED To: Yoshimura & Johnson 33826 Via de Agua San Juan Capistrano, California 92675 Amount of Contract: $30,412.00 per year You are hereby notified to commence work on the above referenced contract commencing June 1, 1985. The contract is in effect for 24 months. Your completion date is May 31, 1987. Dated this 29th day of y, 1985. MARY ANN NOVER, CMC City Clerk ACCEPTANCE OF NOTICE Receip�t of the foregoing Notice to Proceed is hereby acknowledged by Nonalcl ShnSot Yoshimura & Johnson, this d y of y tJ nl-- , 1985. �� '7j 2. i l Written Communications: Report dated May 21, 1985, from the Director of Public Works, forwarding results of bids received for maintenance of City landscaping. Award of Contracts: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, and unanimously carried to accept the bids as submitted and to award 2 -year contracts as follows: Parks - J & R Landscape, of Pomona, in the amount of $74,400; Parkways - Midori Gardens, of Santa Ana, in the amount of $41.166; City Facilities - J&R Landscape, in the amount of / $10,200; and, ;/ Landscape Districts Capistrano, in the - Yoshi.mura & Johnson, of San Juan amount of $30,412. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contracts on behalf of the City. AGENDA ITEM • May 21, 1985 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract, City Landscape Maintenance - Parks, Parkways and City Facilities and Landscape Maintenance Districts SITUATION As per Council direction, bids for the maintenance of City land- scaping were solicited with the following results: City Parks J&R Landscape $ 74,400 Midori Gardens 76,944 Toyo Landscaping Co. 109,401 City Parkways Midori Gardens 41,166. Yoshimura & Johnson - 44,650 Toyo Landscaping Co. 59,592 J&R Landscape 80,400 Citv Facilities J&R Landscape 10,200 Midori Gardens 10,267 Green's Landscaping 15,060 Yoshimura & Johnson 15,250 Toyo Landscaping 15,600 Landscape Maintenance Districts Yoshimura & Johnson 30,412 Toyo Landscaping 33,780 J&R Landscape $40,284 Staff has reviewed each bid and has determined them to be satisfactory. Award of contract to the low bidders for two years would be staff's recommendation. Award of Contracts -2- COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable FINANCIAL CONSIDERATIONS May 21, 1985 Funds have been appropriated in this year's 1985-86 budget to accommodate these costs. The expenditures are higher than last year's original contract, however, due to the difficulties experienced with that contractor, other considerations were made with new contractors providing these services. These bid proposals are consistent with the engineer's estimate and budget appropriations. The Landscape Maintenance Districts contract, however, continue to be reimbursed through that fund. ALTERNATE ACTIONS 1. Accept the bids as submitted for landscape maintenance. 2. Do not accept the bids for landscape maintenance. 3. Refer to staff for additional information. RECOMMENDATION By motion, accept the bids as submitted and approve the award of contracts for: Parks, to J&R Landscape @ $74,400 Parkways to Midori Gardens @ $41,166 City Facilities to J&R Landscape @ $10,200 Landscape Districts to Yoshimura & Johnson @ $30,412 Respectfully submitted, W. D. Murphy WDM:CSF/rem ' Bond # 612346 Premium: $608.00 ` ^ FAITHFUL PERFOFdQ= BOM KNOW ALL MEN BY THESE PRESENTS: that WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Yoshimura & Johnson Landscape License No. 208790 , hereinafter designated as "Principal", a contract for Maintenance of Landscaping in Tracts 7673, 8485, 9382 : and WHEREAS, said Principal is required under the terns of said contract to fuucnish a bond for the faithful performance of said contract. NOW, THEPORE, WE, Yoshimura & Johnson Landsca e as Principal, and Transamerica Premier Insurance Co., as surety, are held and firmly bound unto the City of San Juan Capystrano a municipal corporation of Orange County, California, in the r.�,�� Sum Of Thirty Thousand Fur QrwA T,..ol, an No DOTT.ARS ($ 30.412.00 ) lawful Y�""� An money of the United States of America, for payment of which sun, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. TELE CONDITION OF THIS OBLIGATION is such that, if the hereby bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said contract and any alteration thereof, made as therein provided, all within the time and manner therein designated and in all respects according to their true intent and meaning, then this obligation shall became null and void, otherwise it shall be and remain in full force and virtue. The above agreement is by reference made a part hereof. 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. 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 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. Surety waives whatever legal right it may have to require that a demand be made first against the Principal paid in the event of default. 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 20th day of May 19 85, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. -23- 4/85 Yoshimura & Jo Insurance ATTORNEY-IN-FACT AFFIDAVIT STATE OF CALIFORNIA, COUNTY OF --Orange-----_- SS. i On this -_20th day of — -- - May---- ___-_---- in the year 1985 before me ------- - _- - -- --- --- _____---___-___.--_ ___S__usan_M.__S_c__herwerts-------------- ------------ ------ - personally appeared (here insert the name and quality of the officer) ------------ --- - ---RalphEidem,- Jr.----------- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as attorney in fact on behalf of the corporation therein named and .••'-"•., OFFICIAL SEAL �n� Givenu Y _ a3�S�f0aI�ItRERWExiSh-- -d of--- --May--- — ----119--85 NOTARY PUBLIC CALIFORNIA U PRINCIPAL OFFICE IN - / ORANGE COUNTY Notary Public My Commission Exp . A 7 Susan M. Scherwerts Y My Commis n e ___--_---- _--____-_a—_ 1989 ___ -- Jud. 999 (7-88) C.IIf. . Bond # 612346 Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Yoshimura & Johnson T.andara�y__, License No. 208790 , hereinafter designated as "Principal", a contract for Maintenance of T.and... pi 7673, 8485, 9382 i and 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 Yoshimura & Johnson T.anrsraPc Principal, and Transamerica Premier Tnquranre ro. , as surety are held firmly bound unto the City ofr $an Juan Ca istrano, a municipal hircorporation, in the penal sum of TweTtg - e an ° 0 0 our -undyed --- DOLLARS 8 ($ 30,412.00) , lawful money of the United State 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 5, 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, altera- tion 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. -24- r] 0 IN WITNESS WHEREOF three (3) identical counterpoarts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed ecutedy the Principal and surety herein named on the Y of K!1_1985 The name and corporate seal of Tach corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. STATE OF CALIFORNIA, SS. COUNTY OF _Grange--__. On this-__20t___h __ day of __------ Yoshimura & Johnson Landscape PRINCIPAL Transamerica Premier Insurance Company ATTORNEY-IN-FACT AFFIDAVIT --- ---_, in the year -_1985 before me (here insert the name and quality of the officer) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as attorney in fact on behalf of the corporation therein named and OFFICIAL SEAL Given PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. Apt 1 1989 My Commisst9r.8i Jud 999 (7.82) Cdit. of----- - Susan M. Scherwerts 19.85 Public 0 For the: BID PROPOSAL Maintenance of Landscaping in Tracts 7673, 8485, 9382, 9284, 9373 and 9373/7654 To the Honorable City Council City of San Juan Capistrano Gentlemen: 0 Bid Opening ��r,f 'P From T -Conttactor /,4ND5dn4E The undersigned, as bidder, declares that he has carefully examined the location(s) of the proposed work as described, examined the 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 provide all necessary labor, machinery, tools, equipment and all other utility and transportation services required to perform the landscape maintenanct in accordance with the specifications for the maintenance Of Landscaping in Tracts 7673 8485 9382, 9284, 9_373_/7654 ___in the time stated herein, for the lump sum given on the following pages of this proposal. 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. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then the enclosed check or bid bond shall be returned to the under- signed within thirty (30) days. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council, then said check shall be cased 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. Accom anyin th' proposal is LrA C{�f !(, (insert "$ �� 7 � cash", "cashier's check", "certified check", or maye in "bidder's bond" as the case an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: 0 Licensed in accordance with of contracts -- License No. a an act ro ing for the registration p� A Signatfire/of (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer and Manager thereof.) Dated: zo_ , 19�� ' o 7/ J1120ZZ � ,�"/�� - Business Address -114( 3'F7!70 Telephone As you are required to review each location prior to the submittal of your bid, please identify any existing/anticipated problems associated with each project area. -4- AREAS TO MAINTAINED BY THE DISTTS ' TRACT 7673 - .828 Acres ' The Ortega Highway right-of-way, exclusive of the street section to the southerly curb, along the northerly boundary of said tract, and the area lying northerly of the curved walls at the intersection of Ortega Highway and Via Cuartel, being a portion of Lots 1 and 79 of said Tract. Lot C of said Tract ' The westerly two feet, lying northerly of Lot B, of said tract, being a portion of Lots 71 and 72 of said Tract. ' The slope area along the westerly boundary, lying southerly of Lot B, and westerly of the block wall, being a portion of Lots 44 through 52 ' inclusive, of said Tract. The slope area along the northerly right-of-way of Calle Arroyo, exclusive of street intersections, lying southerly of the block wall, ' being a portion of Lots 32, 43, 44 and 61 of said Tract. TRACT 8485 - .802 Acres ' The Ortega Highway right-of-way, exclusive of the street section to the southerly curb, along the northerly boundary of said tract, and ' the area lying northerly of the curved walls at the intersection of Ortega Highway and Via Errecarte, including that area extending from the intersection of Via Anzar and Via Errecarte to the block wall ' entrance, being a portion of Lots'l and 74 of said Tract. The slope area along the northerly right-of-way of Calle Arroyo, including the portion of said right-of-way lying northerly of the ' S foot wide sidewalk, including the northeast side of Via Estenaga extending from the intersection of Via Estenaga and Calle Arroyo to the intersection of Via Estenaga and Via Ordaz, being a portion of ' Lots 12 through 24, inclusive, a portion of Lot 54, of said Tract. The slope area along the westerly right-of-way of Avenida Siega, ' including the portion•of said right-of-way lying westerly of the 5 foot wide sidewalk, being a portion of Lots 10 through 12, in- clusive, of said Tract. ' TRACT 9382 - 3.868 Acres The Ortega Highway right-of-way, exclusive of the street section to ' the northerly curb, along the southerly boundary of said tract. The slope area along the northerly right-of-way for Ortega Highway, lying southerly of the block wall, being a portion of Lots 1 through ' 8, inclusive of said Tract. The slope area along the easterly right-of-way of Belford Terrace, ' including the portion of said right-of-way lying easterly of the 5 foot wide sidewalk, bounded on the south by Ortega Highway, and bounded on the north by Rosedale drive, being a portion of Lot 1 of said Tract. ' -5- • The southerly 10 feet of the 56 foot wide right-of-way of Rosedale Drive, bounded on the west by Belford Terrace, and bounded on the east by a line parallel with and distant 65 feet from the center- line of Belford Terrace. The remanufactured slopes lying within Lots 62, 63, and 64 of said tract, excepting therefrom the portion of the remanufactured slope within Lot 62 lying southwesterly of the southwesterly line of the 150 foot wide easement to San Diego Gas & Electric Company, as shown on the map of said tract. TRACT 9284 - 2.350 Acres The remanufactured slopes within Lots 1, 6, 7, 8, 9 and 22 of said tract, and the remanufactured slope along the easterly right-of-way for Paseo Peregrino lying easterly of the angle point in the centerline of said Paseo Peregrino, being a portion of Lot 16 of said tract. TRACT 9373/7654 (Los Corrales) 33,000 sq. ft. All of Lot A of said tract 7654 and the southeast corner of Camino La Ronda and La Novia Avenue. Please submit cost estimates in both of the following ways: A) That each tract will be awarded on an individual low bid basis - possibly 5 different contracts; and B) The combined cost for all tracts will constitute the basis for contract. Monthly cost for Tract 7673: Annual cost for Tract 7673: Monthly cost for Tract 8485: Annual cost for Tract 8485: Monthly cost for Tract 9382: Annual cost for Tract 9382: B. $5S°� $ X460 $ Z, $�/1A¢ $ o i $ its *Monthly cost for Tract 9284:• $ 04" ,, ,,e,$� Annual cost for Tract 9284:., $ Z//�j� w $ Monthly cost for Tract 9373/7654 $ `f $ 4� / Annual cost for Tract 9373/7654 $ $ TOTAL ANNUAL COST: (A) $ )$ O -6- 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. S na ure o i der 979-7/ x Iie-L Address 7/�- 4 73- t;y9D Telephone number Each tract is to be bid separately, however, award can be made on the cumulative total. *The City has entered into an agreement with the homeowners of Tract 9284 to only provide contractual personnel twice a year to weed this District as follows: 3 men at $ /hr. for 8 hours/day for two 5 -day periods bi-annually, April 1st and October 1st. TOTAL $ Please indicate your charge for this service. -7- 0 0 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ss. County of Orange ) Ronald D. Johnson 'being first duly sworn deposes and says that he isCo-owner of Ynshimijra P. the party making the foregoing bid; that suc bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or 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 have a partnership or other financial interest with said bidder in this general business. OFFICIAL REAL JILL N NILYARO NOTARY PUBLIC -CALIFORNIA �IORANGE COONTY IN NY CONNISSION EXP. DEC. 5, 1988 By Ronald D. Johnson Subscribed and sworn to before me this loth day of d a� , 19 5 Public in and <. Wilyard r a County of Orange, California -S- PDY �q Tr. AI -976 73 -1 ' \ Z b a � , o ' q c„ � c 1 1• I .' I DISTRICT B�UNDlJRY • ' LOCAT/U�t/ MAP NO, _ SCAGE All e � ti? i fit TRACT 7 73 € i GA an � r JSP Sk h ., RR Q P BQ INDARYAlO , �.... CALLc^ � _ ScA�E 1 � . Tr. N� 848s ' • .. • 1 8�/LocnTioy M4.� NO A� �F6;1 r TR. FPY, BOLINDPRY CT f Olk . Q zzNnl 4 v Q y V V P6 LOC.ATlOq MAP NO SCALE lirN O? L' -f iF` 1 .J�'I /I �NTCNR�C E Q 3 1. 1 ?/R 93 8 Z 11 MC- •,fj 1 t lirN O? L' -f iF` 1 .J�'I /I �NTCNR�C E Q 3 1. 1 ?/R 93 8 Z 11 MC- •,fj MA/NTENANCE f , Q/STS/C T ' _:BOUNDARY ...� - �t • • Y i r _ MR/NT�NAMf '10I5TRICT _ \�o .BOUNDARY _ ly ....... MSLA , LAS- a. �28� A , ' rVellMENT �A LOCATION MAP ' j` NO SCALE r I17dFNC� "E,' i • NIAif✓TENA�✓cE � ' ' � . � . �7iRC//MCN7'•�3 �• I' I' I1 I1 II I O. INITIAq OE: REVISK = 2 9 � m O T s y m O s K n n �{ w OZ x = o p C U 0 a m of 0 N O = � m B I D O P E N I N G R E P O R T Bids opened 41 �5 at ; ()C) am/qW Project Title Project Engineer 01 Pre -Bid Estimate �i 0o Bid Bid Bidder: Amount Bond 1. 2. 3. 4. 5. 6. 7. 0 9. 10. Co. J & R Landscape 04. s2-, 3�9 ./ (! ) 45 CC: City Clerk's Staff (3) Signed Y , Gk 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. 0 AFFIDAVIT OF PUBLICATION RECEIVED u This space is for the County Clerk's Filing Stamp NY 13 12 02 FM '85 CITY CLERK DEPARTMENT CITY OF �n.N JUAN CAF',: `Rr,Np STATE OF CALIFORNIA County of Orange I am a citizen of the United States and a resident of the County aforesaid: I am over the age of twenty one years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Capistrano Val- ley News, a newspaper of general circulation in the City of San Juan Capistrano, County of Orange, and which newspaper has been adjudicated to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, June 5, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange and the South Orange County Judicial District; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supple- ment thereof on the following dates, to wit: April 25, May 2, 1985 I declare under penalty of perjury that the foregoing is ture and correct. Executed at Mission Viejo, Orange County California, this .....3... dayof May 19 ...85... ..✓L.�"CG!!/.......................... Signature Capistrano Valley News 23811 Via Fabricante P.O. Box 3629 Mission Viejo, Calif., 92690 Proof of Publication of NoT?.CE..ZbXZTZ.NG..$IRS ............................ NOTICE INVITING BI)98. Heinle once of kggW an Noliei Is bWdw OWMQYteWkFClb S"S"ECnplWo'iiureeehe "Wed pegoq�weNdafotthsi asneaaflandrta 'nrrtaWl; 8M4 9dlt. pL61i13 mE YRYAEORj�eW kpp P.Y. ae ttio'.11Oih dg ON". 12 A pre-bid codRerenea is wledalad at"A.Y. m thwbd day of Yap, 1p®. at 113e(5b alneesfr owit linumf Published: Capistram Valley News April 26. Yay 2, IM _ ON I 1 1 1 1 II 1 N O T I C E I N V I T I N G B I D S Public notice is hereby given that the City Council of the City of San Juan Capistrano will up to 2:00 p.m. on the loth day of May 1985, receive sealed proposals or bids for the Maintenance of Landscaping in Tracts 7673, 8485, 9382, 9284, 9373 and 9373/7654 in accordance with the approved specifications on.file in the office of the City Clerk of the City of San Juan Capistrano, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. Bids will be received until the time hereinbefore indicated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accompanied by a certified check, 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 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 failed to enter into the required contract within 25 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a. m. on the 3rd day of I May- 1985, at the City-75TT ces. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the contract documents or specifi- cations. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or interpretation of the specifications and contract documents presented to the bidders in any manner. ' BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem o wages, as determined by the Director f 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. I 1 I 1 1 L� Copies of the specifications are on file in the City Clerk's Department, City of San Juan Capistrano., 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the specifications for use in preparing bids may be obtained at the City Clerk's Department, San Juan Capistrano, at the address shown above. One set of specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of 55.00, non-refundable, is required for obtaining each set of specifications. There will be a $5.00 ch'a=ge 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 pro- visions of the laws of the State of California relating to licensing of contractors. This.notice is hereby given and published by order of the City Council of the Cit of an Juan Capistrano, and:"is dated this qday of 19 �S• MARY ANN-EMOVER, CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA The successful bidder, simultaneously with the execution of the contract, will be required to furnish a faithful performance bond ' equal in amount to one hundred percent (1001) of the contract price and a labor and -materials bond equal in amount to one hundred percent (1008) of the contract price. ' The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids 'and to choose that which in the opinion of said.City will best serve the interests or needs of said City. At the discretion of the City a contract may be awarded on the combined ' total of parks and parkways or awarded to separate low bidders. 1 -2- 0 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Jody Kolar, Legal FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: THURSDAY, APRIL 25, 1985 and THURSDAY, MAY 2, 1985 NOTICE INVITING BIDS - MAINTENANCE OF LANDSCAPING IN TRACTS 7673, 8485, 9382, 9284, 9373 AND 9373/7654 PROOF OF PUBLICATION: Please send to: AUTHORIZED BY: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 DATE: April 18, 1985 Date of Bid Opening Date(s) notice published Date affidavit received Date notice posted in designated posting places (3) - 5/10/85 - 4/25/85 & 5/2/85 - 4/25/85 0 NOTICE INVITING BIDS ina in Tracts 7673, 8485 Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the maintenance of landscaping in Tracts 7673, 8485, 9382, 9284, 9373 and 9373/7654 until 2:00 P.M. on the 10th day of May, 1985. A pre-bid conference is scheduled at 10:00 A.M. on the 3rd day of May, 1985, at the City offices to assist contractors. Copies of Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at a non-refundable charge of $5.00, plus a charge of $5.00 for each Specification mailed. Dated: April 18, 1985 MARY ANN HANOVER, CITY CLERK By ///Gw�/ L/• ( CZLf=Ldrt� DEPUTY- CI7Y CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA CI AGENDA ITEM TO: Stephen B 0 April 16, 1985 Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Specifications and Authorization to Call for Bids - Landscape Maintenance of: a. Parks b. Parkways C. Landscape Maintenance Districts d, City Facilities SITUATION The City of San Juan Capistrano provides landscape maintenance services for City parks, parkways and facilities as well as Landscape Maintenance Districts through contractual agreements. This has been done to reduce the costs of landscaping maintenance and because the City does not have the personnel or equipment to perform this work. The specifications developed for the performance of the landscaping services have been reviewed and updated to incorporate additional qualifications. The administration and field supervision of these contracts will be provided by City Staff. Because these are ongoing maintenance contracts and not one time projects a period of two years is requested to better establish the continuity of seasonal landscape maintenance requirements. Additionally, an extended period of service allows the contractors and the City to have more flexibility in the performance of tasks and fulfillment of work requests. Due to the amount of information contained in the specifications only abbreviated items describing the areas to be maintained have been attached. The entire document is available for perusal in the City Clerk's Office. COMMISSIONS/BOARDS REVIEW, RECOMMENDATION Letters have been sent to the Landscape Maintenance Districts Advisory Committee members and other interested individuals advising them of the availability of the specifications and solicitation of bids. oe�.. TI • i April 16, 1985 FINANCIAL CONSIDERATIONS The costs associated with providing landscape maintenance services will be included in the 1985-86 budget. The current year's expenditures for these contracts is about $115,000 for City properties and $42,240 for the Landscape Maintenance Districts. There are additional costs for repairs, vandalism, and utilities which are not part of these contracts but are, however, anticipated in the overall program budgets. ALTERNATE ACTIONS 1. Approve the specifications for the landscape maintenance of City properties and the Landscape Maintenance Districts and authorize staff to initiate the call for bids for these projects. 2. Do not approve the specifications. 3. Refer to staff for additional information. RECOMMENDATION By motion, approve the specifications for the landscape maintenance of City properties and the Landscape Maintenance Districts and authorize staff to initiate the call for bids for these projects. Respectfully submitted, W. D. Murphy WDM:CSF/rem Encls. TRACT 7673 - .828 Acres The Ortega Highway right-of-way, exclusive of the street section to the southerly curb, along the northerly boundary of said tract, and the area lying northerly of the curved walls at the intersection of Ortega Highway and Via Cuartel, being a portion of Lots 1 and 79 of said Tract. Lot C of said Tract The westerly two feet, lying northerly of Lot B, of said tract,, being a portion of Lots 71 and 72 of said Tract. The slope area along the westerly boundary, lying southerly of Lot B, and westerly of the block wall, being a portion of Lots 44 through 52 inclusive, of said Tract. The slope area along the northerly right-of-way of Calle Arroyo, exclusive of street intersections, lying southerly of the block wall, being a portion of Lots 32, 43, 44 and 61 of said Tract. TRACT 8485 - .802 Acres The Ortega Highway right-of-way, exclusive of the street section to the southerly curb, along the northerly boundary of said tract, and the area lying northerly of the curved walls at the intersection of Ortega Highway and Via Errecarte, including that area extending from the intersection of Via Anzar and Via Errecarte to the block wall entrance, being a portion of Lots 1 and 74 of said Tract. The slope area along the northerly right-of-way of Calle Arroyo, including the portion of said right-of-way lying northerly of the 5 foot wide sidewalk, including the northeast side of Via Estenaga extending from the intersection of Via Estenaga and Calle Arroyo to the intersection of Via Estenaga and Via Ordaz, being a portion of Lots 12 through 24, inclusive, a portion of Lot 54, of said Tract. The slope area along the westerly right-of-way of Avenida Siega, including the portion -of said right-of-way lying westerly of the 5 foot wide sidewalk, being a portion of Lots 10 through 12, in- clusive, of said Tract. TRACT 9382 - 3.868 Acres The Ortega Highway right-of-way, exclusive of the street section to the northerly curb, along the southerly boundary of said tract. The slope area along the northerly right-of-way for Ortega Highway, lying southerly of the block wall, being a portion of Lots 1 through 8, inclusive of said Tract. The slope area along the easterly right-of-way of Belford Terrace, including the portion of said right-of-way lying easterly of the 5 foot wide sidewalk, bounded on the south by Ortega Highway, and bounded on the north by Rosedale drive, being a portion of Lot 1 of said Tract. -5- The southerly 10 feet of the 56 foot wide right-of-way of Rosedale Drive, bounded on the west by Belford Terrace, and bounded on the east by a line parallel with and distant 65 feet from the center- line of Belford Terrace. The remanufactured slopes lying within Lots 62, 63, and 64 of said tract, excepting therefrom the portion of the remanufactured slope within Lot 62 lying southwesterly of the southwesterly line of the 150 foot wide easement to San Diego Gas & Electric Company, as shown on the map of said tract. TRACT 9284 - 2.350 Acres The remanufactured slopes within Lots 1, 6, 7, 8, 9 and 22 of said tract, and the remanufactured slope along the easterly right-of-way for Paseo Peregrino lying easterly of the angle point in the centerline of said Paseo Peregrino, being a portion of Lot 16 of said tract. TRACT 9373/7654 (Los Corrales) 33,000 sq. ft. All of Lot A of said tract 7654 and the southeast corner of Camino La Ronda and La Novia Avenue. Please submit cost estimates in both of the following ways: A) That each tract will be awarded on an individual low bid basis - possibly 5 different contracts; and B) The combined cost for all tracts will constitute the basis for contract. A. B. Monthly cost for Tract 7673: $ $ Annual cost for Tract 7673: $ $ Monthly cost for Tract 8485: $ $ Annual cost for Tract 8485: $ $ Monthly cost for Tract 9382: $ $ Annual cost for Tract 9382: $ $ *Monthly cost for Tract 9284: $ $ Annual cost for Tract 9284: $ $ Monthly cost for Tract 9373/7654 $ $ Annual cost for Tract 9373/7654 $ $ TOTAL ANNUAL COST: (A) $ (B)$ LZ� •. • PARKWAY AREAS 1. Del Obispo Street, easterly side from 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. Also, Del Obispo on school side; 23 Sycamores and eight Pear trees; water truck for trees, weed control. 3. Calle Aspero, each side from Del Obispo 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 Terraza easterly to 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 (water truck required); weed control. C) Del Obispo Street, traffic island between Camino Capis- trano and railroad; 14 Sycamores and ground cover (manually controlled irrigation system). 6. Camino Capistrano, freeway side from San Juan Creek Road southerly 1,500'; 120 Liquid Ambers (water truck required); weed control. San Juan Creek Road between Camino Capistrano and freeway overcrossing; 14 Sycamores (water truck required); 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. S. Cristal at Ortega Highway; 20 Sycamores. Ortega Highway at Cristal; 43 trees and ground cover (automatic controlled irrigation system). aM. 9. Calle Arroyo • uth 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, 1 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 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 Golondrina; 23 Sycamores, 4 Ficus, automatic irrigation system; weed control; shrubs and groundcover. b) Camino Capistrano, traffic.island between Del Obispo and 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 and Camino Capistrano, extending 200' easterly from the corner; 12 California Sycamores, shrubs and lilies; automatic irrigation system. 13. Ortega Properties Parkways - 2.5 acres Twenty feet from curb around the perimeter and internal roads within the 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 groundcover an 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; groundcover and trees; (191). -7- 11 16. 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 groundcover 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 undercrossing of Camino La Ronda; trees, grass, fescue in 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. 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 on Calle Aspero; weed control and water truck required. -8- W • PARKSITES 1. Bonita Park - .6 acres; west side of Via Del Rey, across from Via Loradc; automatic irrigation controls, grass playground equipment and trees. 2. Four Oaks Park - 2.54 acres; east side of 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 Alipaz Street; automatic 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 Eucalyptus trees; one Jacaranda; manual controlled Rainbirds. 9. Mini Park - .3 acres located at Yorba and Camino Capistrano; crushed rock groundcover. 10. Juninero Serra - 3.75 acres located at Calle Santa Rosalia and Calle Bonita; automatic irrigation. 11. E1 Camino Real Park - 4.5 acres located on Camino Capistrano from La Zanja to Calle Chueca; automatic irrigation (City will maintain restrooms.) 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, parking lots and trees. -9- 0 0 13. Cook Park (Ortega Properties) - 6.5 acres; east side of Calle Arroyo between La Novia 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. Minimum water truck capacity of 500 gallons is required. -10- CITY FACILITIES *Multi -Modal at terminus of Verdugo Street including Verdugo complex, alleyway and part of Camino Capistrano - trees, groundcover, turfgrass, shrub beds, parking lot medians, sidewalks, common seating areas, parking lot; automatic and manual irrigation. *Old Fire Station Facility, corner of E1 Horno Street and La Matanza; trees, shrubs and groundcover, turfgrass, walkway and parking lot; manual irrigation. *Library - northwest corner of E1 Camino Real and Acjachema Street; trees, shrubs and shrub hedges, groundcover, turfgrass, 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 groundcover, shrub hedges, turf grass; manual irrigation and weed control. *City Hall - Terminus of Paseo Adelanto includes all landscaping adjacent to main complex, Planning Dept. trailer and Hot Springs Dance Hall; trees, shrubs and shrub hedges, groundcover, turf grass, parking lot medians, sidewalks, parking lot; manual irrigation. * Will require additional litter control of common seating; parking lot and sidewalk cleaning to maintain good public visibility before and after weekends. -11- .R r 44 P SAN J RfSTR �!Cyy F� I 92675 ^AFS 9] 17 June 10, 1985 Yoshimura & Johnson Landscape 27971 Via del Cerro San Juan Capistrano, California 92675 Re: Landscape Maintenance - Parks Gentlemen: The executed contract, required bonds and insurance for the landscape maintenance of Districts, awarded to your Company by the City Council at its meeting of May 21, 1985, have been received in this Office. Enclosed please find your Cashier's Check No. 01 55171, in the amount of $8,778.00 from Farmers & Merchants Bank, submitted as the bid bond for the above-mentioned project. Thank you for your cooperation. Very truly yours, 711 MARYAN H OVER, CMC City Clerk MAH/cdc Enclosure cc: Director of Public Works Cashier's eck mac. 01 551yi� in t e aunt of $8,778.00 Recei th' l0! day o J ne, 1985. & Johnso�ndscape FARMERS kMERCHANT$ BANK'' Re Lnarc Proceeds Fir - `� MAIN.OFFICE - 0.' aC�C�rI J - - 302 PINE-AVE-NUE.- r .,. BANK LONCvS&kCH; CA 90807- DATE: May -10, 1985 eo-nwtt2zl a PAY TO THE- �,,, *************8,778 O 'ORDER-0F�l'�,a�of.San.. Tiva�„Capsirana. ********_ l e MM Z-7 -✓� `R.t'/�. .Y r1�/"L "\F '� '✓�\ J"'1y�../•^'. � +ter.. \ '_ ' ` r CASH-� E�?� �C _ !;, - �'v' ' :AUTHORIZED- SIGNATURE CA- ao L &S 17411— F �2 2oi.-i4 D L - 7000-r-_ O O S4 a ro CO � o a •. oho ro �v Lav a •,Ia w s4 ro U ul oro u +.l . v s4 ror:O ro mF rd •H .4 q - .- - O 3 q ,4 ar ro x +J - a a >1 4-4 r: 4J Ooo r:: 10 >1 >1v ro0ro •14 ro aha u w r A"CRICAV_STATr S INSURANCPFG pp4PANY PAS;': 1 INOtANAP�''LIS♦ I&D AFyiS�Zlll-C CC"9MERCIAL INSJRA�1Cn` 400 YY /Pte t s.r»»aw raww:rrsar wsarrrrrsw rrr♦♦rrrsr /;P°}LI-Y 'V I';13ER: 01 -PP -052,600-2 r C0 P0LI':Y DECLARATIONS 'QlE#AL OF: O1 -PP -05244-00-1 ararra+rs#e rr♦r as =aaawrrsrwr#rwrrr+wr u�.... ;, .r kAMEC iAPIST "4-0 uALLEY LA*OSCAPE sOEN7: "aEP]£bAL IYSURANCE AGENCY T%gURE;I t'AXNFENIANCE Co}4pAfiy; ?l4d0O^YIA CE AGN MAILING RONAL� J,)HNSnNt 164: tAN JUAN CAPISTRANO# CA 9".'675ADfDNEsl x382? ., ''IU .:. OE A^,,A 94-2'4364 (394) xtN JU:�i CASISTRAR70t CA 9267" (71.01 661-2231 PDLICY "R t 0 16-146 T 08-16-87 PF RIO"•: 12:G1 ," STANDARD TIME AT Y°.UR 4AILI<NG .CCRESS rHDW,% AP6�VE xraa•rrraw:•+w r4- tt rrasf r♦rrr a»♦ar.sra»rsrr»♦a♦rw♦warrra#arrr ♦r r»rrra+rr♦rrrf tw rrwrr T -•I:'- nDi.ICY IS CU,_'-JeCT TO FINAL AUCIT, * i TAt C'7i?!ATFD ANNUAL PRE'pI:MS lf?G3r03 a • w * T-> A'�! .,;T DUE :ILL !'�C BILLE... UN.CER VARI—GILL ACCOUNT z 112G0 66Fs + * s •rw«aas+aarx 4-r+asf xw#aa#ws»r+t♦4-rwaw»rraaar♦a»rrrsw»4-r»arrasw4♦rrr►wa s»ra♦rr»versa rr :.'f ; r TU- % F2R THE PaYMENT '7F T tE PPC_+I1 t AtvC SUB ECT T^.. AL THE TERMS OF THIS POLICY, WE �?R :ATH Y -U YS) PRpyIaE THF. INSURANC AS !iTATE� I"1 T41S POLICY. " /A=RIL TY CCVERAGC PART •4-4-••4-4- •••••arr•a•as•«a : CO3M%!ERCTAL 4.JT41 C'UEAA`=r PART r•ra••raa••ara•fa•••aa•r11 1#543000 1 xOah3 0^qF?CRCI L LiASILI'Y CCVERA4E PA^"T}ECLduAT!O' %AMEL I-4SlJAE-,: CAPTiTRANO VALLEY LANDSCAPE PORM of ;.0„In.IF..SS: P»RTtiER$^1p PAGE POLI:Y NUMDER: 01-PP-0526OO-2 --------------------------------------------------------------- w ----------------- L r--------r--------w--------_ _ -__ r ----wr-----_-r-----_-- L I M I T S O F I N S U R A N C E -----------------------------------------------r-.—rrr Q�i�ERCI L L":ERAL LI 31 :"NERALssGF">A'E LIMIT (OTHER TWAN PPOGUCTS-CO'KPL'LTED .?P" -:RATIONS) "IfoQds00O SRO U"TS-CO'?:L° T1C OPERATIONS AG5REGATE LIMIT :le000tDoo A- INJURY LIMIT slew 0e00`J "H �CCURRE°i^E LI'iT S1t0D0e000 FIRE :`. "+A'?E LIK:T (Ap;Y O%E FIFE) T 50 030 MFOIC-L LP -IT (ANY V17 Pf-*SOK) S 5e0oG --------------------------------------------------------------------------------- �x�?T1��j_iE_��.1�_"�a�i���._y3�t_2��s_�.�!': SAP•. JUAN C6, -^I `,TRANC, #A 92675 CODE � -- CLA5SI"ICdTiOM-PREMiUKra»SiC------(--XPOSUR` �- RATE _-j--PREMIUM r_ -_..------------------------------------------------------------------------------- ti.TPA CONTRACTORS *• LOC ATIOk d 1 •• "•Oc`^° uLTRA ':ONTRA' OT S. - LAMDSCePE SARiJEN114- NO TR`_'`. TRIM "IN'it PRU'VING OR SPPAYITNI 's (PER 'L'U'�iER QF BULL TIME EMPLOYE',"`) CALIFGR'vlA U;CHARGE CNg MERC TAL LIABILITY TOTAL 'iHE F'OLL,141 ,, F--O--M'. CURRENTLY APPLY TO THIS COVERAGE PART: 3-7^24 773) - G 1TTCNAL INSURED tsS1 R$/LESSEES) IL^olltll*.A) - :^'IKON POLICY CON'_`ITIOr!S C6o001t1Ai'') - _J'MERCIAL GENERAL LIAi?ILITY CwQGo4(1236) IONRENEYAL CON3jlTI3% } floe0000ls 1993000P Y l3.nc k- 1eR43.O0 9-CCt013_,) SAp.TA AA!A (9) DR"PARE:: 05 -16 -PS Cm2CR SEOe2IE+3 DECLARATION F..XTENS :O'a 0 AME91C4N STATES :USINES' AUTC 0 PAGE 3 -LASTI AGT `"(SURED CAPISTF,ANC VALLEY LANDSCAPE POLICY ":U►SO ER: 0I-PP-I!,1?610- i?EM•TN•0 -- SCHEOULE OF COVCRAGES ANC COVERED AUTOS --THIS-POLI"Y P40V-]ES ONLY THOSECOVERAGES SHOW* 'GELDS. EACH OF THESE COVERAGES 41LL APPLY ONLY •O THCI;E AUTOS SHOWN AS COVERED AUTOS. AUTOS ARE 2HOWN AS C^,VE°c.? AUTOS POD A PARTICULAR COVERAGE BY THE ENT, -,.Y OF ONE OR MORE OF THI' SYMBOLS FR.DM °IT�Y THREE" NEXT TO THE NAME OR THE COVERAGE. COVE L5 t AUTC LIMI7 DEDUCTIBLE SrMBOL 0 4 E41UM ...... ..._.......,............... ........»»_►..... ...l....-. .»l.r.r ........... SI"aGLE LI SIT LIAIILITY I1 80 S 36.U0 ------------------ ------------.. --------------- Y . - - RINIMUM APPLIES '�INT4UM POLICY PREMIUM S x1.00 CALIF;SRYIA SURCHARGE t .D; TCTAL PREMIUM........................ ........ TO ATTACHED ^ESCRIPTION OF COVERED AUTO DESIGNATION SY*IHOLS. SCHFD.;LL OF COVERED AUTGt' Y -U OilN NO SCHEr,;LED V'HICLE ITEM SIX -- MON-:)W','ASHIP LIABILITY ^01V -RAGE "'I :I *tUa RATIW EASIS NUMEER RATE PRr"7u; PREMIUM ------ ..r NE .... � { Y... -Y.•w. •I..• • • Y -! . - E"aLOYEES ? --------- lA.00 ........ r....... . _ .. » _ M ......... •TOTAL s 18.90 THF =OLLDWINJ• FG KM:`, CURRENTLY APPLY TO T,-�IS COVERAGE PART: 81226(1230) A140(ulalo) -292i?("1 52) 6-126^(£f2�6) A482E(0785) A225(OlA(-) Aw3't(0irs5} ILCC17(I155) fi�ThERSHIp AS NAHEO INSURED/NON-OWNED ^USyINESS AUTO POLICY - AL IN INNSUP4n ^Y-a�cC,t REF' REOAR UM t,iRCe�.,aL - ,.HANGEk, lk POLICY - '006TRACTUAL LIABILITY t POLLUTION - iH:S IN '"UMM AUTO FORMS FOR COMM PKG POL ::O„WON POLICY CONDITION=S `t-';CCL'1k5) SANTA ,ANA ('3 } PREPAR^.D 06-1: -56 CM2Eer SL'�,.216+1 TTc 14' -- HIRED OR E%ORP.OWEO COVERED AUTO LIABILITY COVERAGE RATA' E.S'PI FATE~ PER $100 MINIMUM ST, T' ;',OgT ''F HIRE COST OF HIRr PRCMIUM PREMIUM .!w_rr...w..rr ... ......... ..•......... .......r ......... IF � Y 16.11 .. ! • . ! Y ... --_L_--_-R--- ! i i _M w.i . - ! i T .. i r . w r i i . i ..� a --- ----- . Y• r i i . TOTAL S 18.10 ITEM SIX -- MON-:)W','ASHIP LIABILITY ^01V -RAGE "'I :I *tUa RATIW EASIS NUMEER RATE PRr"7u; PREMIUM ------ ..r NE .... � { Y... -Y.•w. •I..• • • Y -! . - E"aLOYEES ? --------- lA.00 ........ r....... . _ .. » _ M ......... •TOTAL s 18.90 THF =OLLDWINJ• FG KM:`, CURRENTLY APPLY TO T,-�IS COVERAGE PART: 81226(1230) A140(ulalo) -292i?("1 52) 6-126^(£f2�6) A482E(0785) A225(OlA(-) Aw3't(0irs5} ILCC17(I155) fi�ThERSHIp AS NAHEO INSURED/NON-OWNED ^USyINESS AUTO POLICY - AL IN INNSUP4n ^Y-a�cC,t REF' REOAR UM t,iRCe�.,aL - ,.HANGEk, lk POLICY - '006TRACTUAL LIABILITY t POLLUTION - iH:S IN '"UMM AUTO FORMS FOR COMM PKG POL ::O„WON POLICY CONDITION=S `t-';CCL'1k5) SANTA ,ANA ('3 } PREPAR^.D 06-1: -56 CM2Eer SL'�,.216+1 Comrltete only when this endarsernent is not prepareW the policy or when the effective date differs from the polrcy- Per . No.. ER. Insured. 0 ADDITIONAL INSURED (Owners or Lessees) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE GL 20 10 It is agreed that: 1. The "Persons Insured'' provision is amended to include as an insured the person or organization named below but only with respect to liability arising out of operations performed for such insured by or on behalf of the named insured. 2. The applicable limit of the company's liability for the insurance afforded under the Contractual Liability Insurance Coverage Part forming a part of this policy shall be reduced by any amount paid as damages under this endorsement in behalf of the person or organization named below. Name of Person or Organization (Additional Insured) OW OF SAfi Ji A4 WIStM40 3240 ►AKEG AMu111170 MR ave CNISI M0, M seas All other terms of this policy remain unchanged r � American States Insurance Company wo"-6 Nv1 American Economy Insurance Company OC.h3VG1E�In1C�C3 INDIANAPOLIS, INDIANA President ED Countersigned by EoncENr � cr/i etatry 9-702 CL, ML (7-73) CERTIFICATE OF INSURANCE This certificate is issu as a matter of informati0 only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. Name and Address of Agency C Letter A FAIRMONT INS. COMPANY 0 GENERAL INSURANCE AGENCY M Letter B AMERICAN STATE$,�INS. CO. P. 0. BOX 6010 P o MISSION VIEJO CA 92690-4010 A Letter C Name and Mailing Address of Insured N CAPISTRANO VALLEY LANDSCAPE I Letter D & MAINTENANCE, INC. E 33826 VIA DE AGUA S Letter E S J CAPISTRANO CA 92675 This is to certify that policies of insurance listed below have been issDed 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. Co. Type of Policy # Policy Policy Limits (000's) Insurance Effective Expiration Occur Aggregate ---- GENERAL LIABILITY ------------------------------------t-------------------- B (X) Comprehensive PP0526002 08/16/86 08/16/87 B.I. (X) Premises & Ops. ( ) Exp/Coll/Under P.D. (X) product/Comp Op CSL $1,000 $1,000 (X) Contractual (X) Broad Form PD (X) Ind Contractors (X) Personal Inj. Personal Inj $1,000 _ AUTOMOBILE LIABILITY ---------- "-----------------.__.__..___-_ ( ) Any Auto B.I./Person ( ) Owned Priv Pass B.I./Accidnt ( ) Owned OT Priv P P.D. (X) Hired P0526002 08/16/86 08/16/87 CSL $500 (X) Non -Owned ( ) Garage Liab EXCESS LIABILITY ------------------------------------------- ( ) Umbrella Form B.I. & P.D. Combined ( ) O.T. Umbrella ---- WORKERS COMPENSATION ----------`------------------------------------------- A W.C. LS33529 01/09/86 01/01/87 STATUTORY Employers Liab. #�(L Each Accident D*-I((o Disease/Pol lO Disease/Emp - - - - OT H ER - - - - - - - - - - - - - Y - F . Y u i r _ J O - - - - - _ _ - - - - - - - - _ _ r - - - - - - m - - - r x. - A. Description of Operations/Locations/Vehicles As respects the above insureds operations, the below named certificate holder is named as additional insured. Re: Maintenance of Districts CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 10 days written notice to the certificate holder named below but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. Name and Address of Certificate Holder City of San Juan Capistrano Date Issued: 09/11/86 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 cv 021 'Authorized R pr T PRODUCER GENERAL INSURANCE AGENCY P. 0, BOX 6010 MISSION VIEJO, CA. 92690-4010 INSURED YOSHIMURA & JOHNSON, A PARTNERSHIP 33826'VIA DE AGUA SAN JUAN CAPISTRANO, CA. 92675 �1�Y►f .F �' `r74 9-12-85 THIS CERTGIC.)TF d -EUFU A A 4LIIER OF Ile'.iF V 4 AlIOI L" AMD ('-)N"ERS NO RIGHTS LIP: IN 0:. Y:R` 1'AC A -'T' H D._DER. THC, ;Tlf" I:F TE JOE-' NCI AMF ND, EXTEND OR Fd TEI i. CC `IE:F A(' ' ,AFFORDED 0' l -L. I CIES BLOW CCJP11P.aMES VIFORDIN(, '.DVERAGY COMPANY A POLICY NUMBER Oa'. TR LETTER ° ; EA H A�� AMERICAN STATES INSURANCE COBQ'ANY COMPANY B --._ / LETTER COMPANY LEITER Ci "REVISED" ;8/16/86 UNDERGROUND n- COMPANY D X LETTEP, IF N - COMPANY -- L ETTS P E-' ®411 1�Nf1i1111 !1{I�t��;�11�I1®111�1 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED T. D T 1 C ! i JF I IA6 [i' nBOVE FG' Y FE$F )U fNj zA TEC. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR O THI I ('UI -I E N" IV 1 RESPECT ' ' IIS 11FICA'E MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBE HE : ' L' I S 1' iJ: C I I '� .ti_L THE ""- 1' y �1 1 .0&¢H- -, ANC C00 - TIONS OF SUCH POLICIES. r➢ ' E Tllr /16/85 TYPE OF INSURANCE POLICY NUMBER Oa'. TR D,; _ M )0N ° ; EA H A�� GENERAL LIABILITY X COMPREHENSIVE FORM PREMISES/OPERATIONS j 16/85 ;8/16/86 UNDERGROUND EXPLOSION & COLLAPSE HAZARD IF —CN i. NARY $1,000, X PRODUCTS/COMPLETED OPERATIONS IF N X CONTRACTUAL (BLANKET) 9 ''18/16/86 _--- 01PP05260010 i8/ A X INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY DAMAGE II X PERSONAL INJURY i AUTOMOBILE LIABILITY 4 ANY AU O 81! L Co Irm:� $ ALL OWNED AUTOS (PRIV. PASS I 'LIUnY j I CI ACCIDINT,— g,-- ALL OWNED AUTOS (OTHER THAN) ----( -- I (ASE SEPOL'CY LIMIT) A X' AS HIRED AUTOS 01PP05260010 $ X NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION — —_ AND EMPLOYERS' LIABILITY OTHER ' E Tllr /16/85 Ki_!:' `I'RATION s e '_iW1 S Ili THOI S) NDS _ [ r 10, D,; _ M )0N ° ; EA H A�� 1 II I cl 3"E1) ;' 1,000,$1,000, 16/85 ;8/16/86 IF —CN i. NARY $1,000, IF N IN, r 9 ''18/16/86 _--- PP H 1" ccii �n: a _ `j * 300, 4 81! L Co Irm:� $ 'LIUnY I CI ACCIDINT,— g,-- ----( -- I (ASE SEPOL'CY LIMIT) ,1 g ()ISE ISE-EACiI EAPLOYEEj DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS AS RESPECTS TO ABOVE INSUREDS OPERATIONS,THE BELOW NAf4ED CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. RE: MAINTENANCE OF DISTRICTS • • ■ I I 11111111111111111=1{ IM11111 imm. mm SHOULD ANY OF TH i AI :)AE IE:ECIi. KILO) POLICIES i E GANIi72I.LED BEFORE THI: EX- PIRATION CAPISTRANO DATIi ' III I EDF, TNI: IISUING CID UPA I4Y WILL ENDEAVOR TO M,41L DA'S V 1 i 1 fI.N IIOTICE T) THE CERT"FCA'TE l' OLDER NAMED TO THE 32400 PASEO ADELANTO - LEFT, BUT FAILUFET:411E S1I1:H NI I-HHALL IMP -)SE NO OE LIGATION OR LIABILITY SAN JUAN CAPISTRANO, CA, 92675 OF ANY KIND UP)N'I Hi CDVIIANY 171iAGENTS O' 1 REPWSr'NTATIVES. AUTHORIZED REPF ESI -T T VE_ ,HERBERT W. BROWN T-1 dd 18 1 8-23-85 R I IS CERTI:=ICATI' ISSUED A: A M!,TTER OF INF(r;I .'11'!en; ONLY ,kVp C iN�=ERS NORIGHTS UPON-f:'E. CER11FZkilE HOLCEFL THIS 11 1TICaTE DOES NOT AMEND, ETI TEND OR ALTER '"HE COVER AGti I FFORDED B"POI iGiES BIiLfRk'. GENERAL INSURANCE AGENCY pF_pE���y� P. 0. BOX 6010 GOIiFC61NEE�D ARFORDING C OVERAGE MISSION VIEJO, CA. 92690-4010 _� CO,AFANV pj�jA_tCS$�fx _---- ------------ - -_ LETE_ RRUUbU RI T INSURANCE COMPAN., INSURED YOSHIMURA & JOHNSON, A PARTNERSHIP 33826 VIA DE AGUA SAN JUAN CAPISTRANO, CA. 92675 GO OF ANY ( LE'TERBCO.IPANY JURNIl., O6` dM/OC/YY) F LEITERC -r. COLEl.IPTE ANYR D 1 V rn Corn ( LIT` - MI S IN THOI ANDS O6` dM/OC/YY) F EA H F HI A �( 1 V rn INi 2 500, 1$1,000, ,IPNNV LEI I" E THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE IE EN ISSUED T0111 ° INSURED V AMM I ABOVE FOR (U 1 0i.1, Y PERIOD IND :A CED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CVN' RACT OR OTRR DOCUMENT IV T. I I RE;PECT T+3 III 1' 11 HIS-ERTIFICA 'S MAI' BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICI iS DESCRIE ED HEREIN IS SUBJI CT T:) ALL THE TE -A w , ET :,-US CN!:. AN_ CCND6 TIONS OF SUCH POLICIES. TYPE OF INSURANCE GENERAL LIABILITY { COMPREHENSIVE FORM K PREMISES/OPERATIONS K UNDERGROUND EXPLOSION & COLLAPSE HAZARD K PROOUCTSICOMPLETED OPERATIONS { CONTRACTUAL (BLANKET) { INDEPENDENT CONTRACTORS K BROAD FORM PROPERTY DAMAGE K PERSONAL MJURY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV. PASS.) ALL OWNED AUTOS (OTHER THAN)/ PRIV. PASS C HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER 01PP05260010 FO_(r EFFECTVE AT aMooml I 'O.!-KP!R,ITION ( LIT` - MI S IN THOI ANDS O6` dM/OC/YY) F EA H F HI 1 V 1 ,U0.R1 RAE . _GATE INi 500, 1$1,000, DAI iF 1;i 500, 1$ 500, 8/16/85 8/16/86 1 :g Is PFES )vA: NJLRY $500, Ise1 $ IRR IIP,) 07Ch — lwu 01PP05260010 8/16/85 8/16/86 Ra:PIUF PRO P_R { DANA:5�--- - cove`a=,J $ 500, MEI NE Ie $ Is SZAN CR± (EACH AOCIDE VT) (OISEASE-POL :Y _IMI DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS AS RESPECTS TO ABOVE INSUREDS OPERATIONS, THE BELOW NAMED CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. RE: MAINTENANCE OF DISTRICTS CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA. 92675 SUM SFOULD ANY OF THE P,BOVE DESCRIBED POLICIES BEC NCU.LED BEFORE `'HE EX- PIINATION DATE TEEREOF, THE: ISSUING COMPA 17 If ILL ENDEAVOR TO M/ JL _DAYS WRITTEN NOTICE TO THE CERTIRCA 'E: HC I_DER NAMED "O THE LE 'T, BUT FAILURE TO MAIL SUCH FIOT'IC F, SHALL IMPOSE I O OB .IGATION GR LIABII_RV OF ANY KIND 'UPON "HE COMPAN/, ITS AGENTS OR REI FIES?NTATIVES. W. BROWN �.� CKOf PRODUCER GENERAL INSURANCE AGENCY P. 0. BOX 6010 MISSION VIEJO, CA. 92690-4010 INSURED YOSHIMURA & JOHNSON, A PARTNERS 33826 VIA DE AGLA SAN JUAN CAPISTRANO, CA. 92675 THIS IS TO CERTIFY NOTWITHSTANDING BE ISSUED OR MAY TIONS OF SUCH POI - A - A A r THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATI[ HO' --_DER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE: AFFORDED BY THE POLICIES BELOW. CONAL" IN AFFORDING COVERAGE TIM LETTERNY t RTZ 49%T'95 INSURANCE COMPANY INDICATED. FICA fE MAY AND CONDI- 10 TYPE OF INSURANCE COMMALETTER Y B Cipr CLEfiK- LIABILITY LIMNS IN THOUSANDS _ TR COMPANY DATE (MM/W/YY) CITY OF SIN LETTER C JUAN CAI>,. COMPANY C LETTER X COMPANY E LETTER INDICATED. FICA fE MAY AND CONDI- 10 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POU;Y 2xrtRAAON LIABILITY LIMNS IN THOUSANDS _ TR DATE (MM/W/YY) 0' T` (MN'DDiI'V7 111m EACH T A„GREGATE OCCUhRENCE BODILY INJURY $ $ GENERAL __ LIABILITY _____ X COMPREHENSIVE FORM X PREMISES/OPERATIONS PROPERTY (DAMAGE $ $ X UNDERGROUND EXPLOSION & COLLAPSE HAZARD A X PRODUCTS/COMPLETED OPERATIONS y X CONTRACTUAL (BLANKET) O1PP05260010 8/16/85 8/16/86 'COMBINED $ 300, $300, X INDEPENDENT CONTRACTORS X X BROAD FORM PROPERTY DAMAGE ' PERSONAL INJURY PERSONAL INJURY 1$300, AUTOMOBILE LIABILITY B7alt� NJURY $ ANY AUTO 'PER REASON) ALL OWNED AUTOS (PRIV. PASS.) ax:av A OWNED AUTOS OTHER THAN) ALL / PRIV. PASS 01PP05260010 8/16/85 8/16/86 (KR Rk)�#ANIE $ X HIRED AUTOS PROPERTY $ X NON -OWNED AUTOS DAMAGE GARAGE LIABILITY BI & PD 300, COMBINED $ EXCESS LIABILITY UMBRELLA FORM 8(& Po COMBINED $ $ OTHER THAN UMBRELLA FORM STATUTORY WORKERS' COMPENSATION $ (EACH ACCIDENT) AND (OISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY $ 'DISEASE -EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS I AS RESPECTS TO ABOVE INSUREDS' OPERATIONS, THE BELOW NAMED CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. CITY OF SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 32400 PASEO ADELANTO MAILDAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN JUAN CAPISTRANO, CA. 92675 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. THORIZED REPRENTAT \r ' - -- ,HERBERT W. BROWN ❑ NOTICE OF NONRENEWAL - NOTICE OF CANCgLLATION AMERICAN STATES Insurance Companyw4ww ox.,Ine.n.aspT AMERICA.. ECONOMY AMERICAN STATES INS. .ANCE AMERICAN STATES LLOYDS Date 8-1_85 Flinsurance Company COMPANY OF TEXAS Insurance Company 10My n Clu ) (Ory If CNet d) (only N Checker) l Hereby gives you written notice in accordance with policy conditions, of the termination of: Policy No. 01—PP-020417-3 Insured YOSHIMURA & JOHNSON;" Agent LARRY CLARK INSURANCE, INC. SAN CLEMENTE, CA. 92672 By virtue of this notice, as issued to you, the Policy will expire or be cancelled and all liability cease on 8-16-85 at the hour on which said Policy became effective. No further notice will be sent. If the premium has been paid, the excess premium above the pro rata premium for the expired term, if not tendered to you herein, will be refunded on demand. If the premium has not been paid, a bill for the premium earned to the time of the termination will be forwarded in due course. The company will terminate this policy on the date above for the following reason(s): [,Jpue to nonpayment of premium. - Your insurance is not within the underwriting program of the company and the company is exercising its option to cancel during El the initial processing period. E] The company's contractual or statutory obligations will expire effective at the hour and date mentioned above and the policy will NOT be renewed. ❑ Your automobile insurance is unacceptable to the company because the drivers license or motor vehicle registration of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under this policy has been under suspension or revocation during the policy period (or, if this policy is a renewal, during its policy period or the 180 days immediately preceding its effective date). (Not applicable in Michigan) ❑ Your automobile insurance is unacceptable to the company for the statutory reason(s), shown below. This automobile policy is unacceptable to the company. The Company is willing, upon your request, to issue a new policy within Ej the same insurer or within another insurer under the same ownership or management if request received prior to the effective date of this notice. One piece of FIRST CLASS mail addressed to: INSURED YOSHIMURA & JOHNSON AS PARTNERSHIP 27921 VIA DEL CERRO SAH JUAN CAPISTRANO, CA. 92675 One piece of FIRST CLASS mail addressed to: MORTGAGEE OR OTHER IDENTIFIED INTEREST CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRAN, CA. 92675 / PLEASE RETURN THE POLICY. 9Y RETURN PNEMIUM s-acs-Nc (4-82) t;11}:I �. THIS CU'?V TO NIORTGAGFE OR OTHER IDENTIFIED INTEREST W,00'r— Se ., vice-PrePn M NAME AND ADDRESS OF A,CEN ]1' LARRY CLARK INSURANCE, A DIVISION OF SUN PACIFIqOMPANIES AFFORDING COVERAGES INSURANCE BROKERS INC. cOMPnNY n 1450 N. El Camino Real LFTTFP A American States Ins. Co. COMPLNY B San Clemente, CA 92672 LETTEI NAME AND ADDRESS OF INSIIF FCS COMPANY Yoshimura . & Johnson LF71I 279JI1 Via Del Cerro COMPANY San Juan Capistrano, CA 92675 LETTER_ COMPANY E LETTER This is to certify that policies c t insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any Y quire ment. term or condition of any contract or other dxcment with respect to which this --erbficate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and cordtions of such polices. �`XP'PATION Limits of Liability m -Tho uSand �00) COMPANY LEITER I YET OF INS; DANCE 'OLICY NUMBER POLICY DATE EACH ACGREGATF �_— �—_— OCCURRENCE - GENERAL LIABILITY -------_ _- --_---- - BODILY INJURY $ $ A © COMPRFHFNSiV= FORM 411PP020417-3 2-17-86 21 PREMISES-OPERATIONS PROPERTY DAMAGE $ $ EXPLOSION ANP COLLAPSE HAZARD ® UNDERGROUND HAZARD ® PRODUGTSCOMPLETED OPERATIONS HAZARD INSURANCE - BODILY INJURY AND PROPERTY DAMAGE $ E CONTRACTUAL 1 DDQ 1 DDO © BROAD FORM I ROPFRTY COMBINED DAMAGE FX INDEPENLNI CONI RAC TORS PERSONAL INJURY $ PFRSONAL DA R" AUTOMOBILE LIABILITY BODILY INJURY $ COMPREHENSIVE FORM (EACH PERSON) BODILY INJURY $ ❑ (EACH ACCIDENT) OWNED r RED PROPERTY DAMAGE $ LJ NOROWN,PROPERTY PROPER INJURY AND $ _J ___ DAMAGE COMBINED EXCESS LIABILITY BODILY INJURY AND UMBREI.IA POPM PROPERTY DAMAGE $ 8 OT HER THAN UM BRELLA COMBINED °ORM_ WORKERS' COMPENSATION STATUTORY and EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONSLOCATION$NEHICLES Cancellation: Should any of the above desfbbed policies be cancelled before the expiration date thereof. the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. Certificate Holder NAME AND ADDRESS OF CERTIFICATE HOLDER City of San Juan Capistrano DATE ISSUEDay 1 t obi o� 32400 Paseo Adelanto San Juan Capistrano, CA 92675 iSa Hain D,RIZ fttfSENTATlVE ACORD 25 (149) 1 Y ,^V V O 0 U N J W 1 H N CP m 0 .0 W ,J w N H z° N N cuN .ti w n• v a 41Q N 4 N A N (D N cn 2 £ v H G N u N q O q O q W W N U v O H W O1 E E \ 41 4J O W a ro 0 v 0 N 0 w ro v 1 v a N � N H CM ro F .O N N N N a N y v a U O � N In D W O N41 N 10 ro v x ul o rt; Q D o m N O x U 4w U o 4 0 O ro � s � 904 H w v G 1 C H oor ��� _ V `S Lo ro N o V G� V � O env a C p 4J w ckl f JSa l• !� O 4 CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA ' SPECIFICATIONS & CONTRACT DOCUMENTS FOR THE MAINTENANCE OF LANDSCAPING IN ' TRACTS 7673, 8485, 9382, 9284, & 9373/7654 1 1 ' CITY COUNCIL PHILLIP R. SCHWARTZE, MAYOR KENNETH E. FRIESS ANTHONY L. BLAND LAWRENCE F. BUCHHEIM GARY L. HAUSDORFER S. B. JULIAN CITY MANAGER W. D. MURPHY ' DIRECTOR OF PUBLIC WORKS APRIL, 1985 i 0 T A B L E O F C O N T E N T S CONTRACT DOCUMENTS NOTICE INVITING BIDS ----------------- DID PROPOSAL ------------------------ NON-COLLUSION AFFIDAVIT -------------- INSTRUCTION TO BIDDERS --------------- AGREEMENT ---------------------------- BID --------------AGREEMENT---------------------------- BID BOND ----------------------------- FAITHFUL PERFORMANCE BOND ------------ LABOR AND MATERIAL BOND -------------- GENERAL PROVISIONS------------------- -i- 0 INSTRUCTION TO BIDDERS Securing Documents Specification documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids." Examination of Specifications and Site of Work The bidder is required to examine the site of work, the proposal, and the specifications very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. 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 ' A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out, and the signatures of all persons signing shall be in longhand. II ■ 1 I' I I 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 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 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 -9- 0 and the monies represented thereby shall be held by the City as guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. ' The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents, such check or bond, and the money repre- sented 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. F. Bids shall be delivered to the City at the location ' stipulated, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids". Bids shall be enclosed in a sealed envelope bearing the title of the work and the name of the bidder. Licensing of Contractor All persons, forms, 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 of 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. ' Interview of Bidders If deemed necessary, the three lowest bidders will be requested to appear for interview before the Director of Public Works or his authorized representative. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of forty-five (45) ' days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of ' bids. -10- 0 The contract for the work will be awarded to the lowest respon- sible bidder complying with these instructions and with the "Notice Inviting Bids." The City, however, reserves the right to reject any or all bids and -to waive any nonconformity in the bids received. The bidder to whom the award is made shall execute a written contract with the City and furnish the stipulated bonds within ten (10) days after the notice of award of contract. The contract agreement shall be made in the form adopted by the City. The release of the successful bidder's surety deposit, as pre- viously stipulated, shall be made upon the City's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. If the bidder to whom the award is made fails to enter into the contract as herein provdied, 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 coprorate 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 Materials Bond in a sum not less than one hundred percent (1008) of the total amount payable by the terms of the contract and a Faithful Per- formance Bond in a sum not less than one hundred percent (1008) of the amount of the contract. Said bonds shall be secured from a surety company satisfactory to the City. Surety companies, to be acceptable to the City, must be authorized to do business in the State of California and be on the accredited list of the United States Treasury. All bonds shall be submitted utilizing the forms designated in these specifications. Time of Performance The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently ' prosecuted for a period of twelve (12) months. 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 there- under by the contractor, will be recognized by the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. ' Workmen and Wages Attention is specifically directed to all provisions of the Labor ' Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the CITY pursuant to said Code and as listed in the "Notice Inviting Bids." .BID BOND KNOW ALL MEN BY THESE PRESENTS, that we , as Principal, and existing under the laws of the State of California, and whose principal office is located in the City of , as surety are jointly and severally bound unto the CITY OF SAN JUAN CAPISTRANO of Orange County, California, in the sum of DOLLARS ($ ), lawful money of the Unite States of America to be paid—to the said CITY OF SAN JUAN CAPISTRANO, for which payment well and truly to be made, we -bind ourselves, our heirs, successors, executors, administrators and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated 19 , for the construction of for the City of San Juan Capistrano, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall within fifteen (15) days after the agreement has been presented to him for execution enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the with - drawl of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS WHEREOF the above -bounden parties have executed this instrument under their several seals this day of 19 , the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (if individual) ATTEST if corporation) Title Corporate Seal -18- ATTEST PRINCIPAL By Title SURETY By Title • • 1 ' 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 3.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 and 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. 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. -22- 0 0 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. 8. Turf Grass All lawn areas will be programmed for re -seeding between the months of October and November as directed by the Director of Public Works or his authorized representative. Grass seeds shall 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. 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 16-16-16 formula material. '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 (Alta Fescue, etc.) before they go off color each year. f. 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. II 1 II 3. Control pests and diseases as needed. -23- 0 0 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. 6. Trim and edge as necessary to restrict growth from encroach- ing 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 replace- ment 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 fertilzer shall be used as needed throughout the year, where necessary to maintain healthy, vigorous growth and good foliage color. -24- 1 • • 9. Irrigate as required to maintain 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 under -watering or over -watering. ' 4. All replacements to be with original type material or substitutes approved by the CITY. ' S. 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 correction of the condition. 7. All systems to be operationally checked a minimum of once ' a week. ' 8. Irrigation of park will be accomplished between 10:00 p.m. and 3:00 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. 11. 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 ' 1. 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. -25- 1 •. • 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 known 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 adjacent to the roadway, red vests shall be worn at all times. 4. Leaves, paper, weeds, and any other debris will be removed ' from landscaped areas and disposed of offsite. 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; pre- ventative 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 accord- ance 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.) -26- 0 ' 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 t 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 expo- ' sure 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. ' 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 daily the water accumulated on the basketball court area in the Cook Park Ortega Properties. 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. -27- ' N. Daily Reporting CONTRACTOR shall make daily contact with City Supervisor to ' determine work level and effort as well as maintenance per- formance. 1 -28- ' 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 repre- sentative, is authorized to approve extra work up to 25 percent (258) 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. ' N. Daily Reporting CONTRACTOR shall make daily contact with City Supervisor to ' determine work level and effort as well as maintenance per- formance. 1 -28- 0. Inclimate 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. -29-