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1984-0306_LANDSCAPE WEST_AgreementA G R E E M E N T "CITY COPY" P.EO,ziYED LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIO�,I.S?bF VARIOUS PARKWAY AREAS AND CITY PARKS THIS AGREEMENT is made and entered into this 6th Jay of March 1984 between the City of San JuanCapistrano, hereinafter referred to as "CITY" and Landscape west , hereinafter referred to as "CONTRACTOR" for landscape maintenance of specified portions of Various Parkways, Parks, & 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 April , 1984 , and shall remain and continue in effect for a period of twelve.(12) months thereafter subject to extension or termination as described in Section 13 or Section 14. 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 per- form the landscape maintenance in the manner specified herein for the following consideration: SPECIFIED AREAS IN VARIOUS PARKWAY AREAS, CITY PARKS, AND CITY FACILITIES TOTAL MONTHLY COSTS TOTAL ANNUAL COSTS $ 8,550.00 $102,600.00 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 back-up 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. -15- 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 subcontractor 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 as provided in Section 1815, California Labor Code. The CONTRACTOR and all subcontractors 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 engage4in nor permit such subcontractors as he may employ 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 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 decision 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. -16- 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. The contractor shall maintain a copy of this book on the job site at all times. The provisions of the Standard Specifications shall be modified as indicated below: 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 assur- ance 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: Bodily Injury $ 500,000 Bodily Injury $1,000,000 Bodily Injury $1,000,000 Property Damage $ 500,000 Property Damage $ 500,000 Property Damage $ 500,000 Property Damage $ 500,000 Property Damage $ .500,000 each person each accident aggregate products each accident aggregate operations aggregate protection aggregate products aggregate contractual The CONTRACTOR shall likewise obtain public liability and property damage insurance to cover vehicles used or main- tained 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 com- pensation because of the requirement for greater amounts of insurance, as an element to be considered by the con- tractor in determining his bid. SECTION 9 (Deleted) SECTION 10 (Deleted) SECTION 11. 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 -17- equipment, machines, materials or debris, protected excavations, or other hazards consequential or related to his work; and agrees additionally to accept the sole responsibility 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 representatives. SECTION 12. 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 personal injury (including death) or property damage suffered through the CONTRACTOR's negligence, which liability is not impaired or other- wise affected hereunder, the CONTRACTOR assumes the obligation to save the CITY harmless and to indemnify 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 subcontractor or anyone directly or indirectly employed by or under the supervision of any of them in the prosecution of the operations included in this contract. SECTION 13. 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 successive periods 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 14. 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 sixty (60) days after written notice of intent to terminate which may be given by either party to the other party of the Agreement. SECTION 15. NOTICES: Any written notices to the parties hereto shall be sufficient if they are deposited in the United States mail in envelopes, postage prepaid by registered or certified mail, addressed as follows: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SECTION 16 ASSIGNEMNT: CONTRACTOR may not assign this Agreement without prior consent and approval of CITY. SECTION 17 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 subcontract 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. CITY OF SAN JUAN CAPISTRANO By z -Zzja .NO _ANTHONY L BLAND, MAYOR Dated: March 6, 1984 ATTEST: CONTRACTOR: z LANDSCAPE WEST By MAR�HANOVER, CITY CLERK -- APPROVED AS TO FORM: -2�- J TES S. OKAZAKI, C47Y ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 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 executed by the Mayor of the City Council of the City of San Juan Capistrano, California. -19- '"�4A , ? 3;'400 P1�5` k6 AO �I�ANT� 4 { SAN J U.A�iG�APISTR A f#O, CA92675 JTONBZq 93`' 1 17j'f October 5, 1984 Amwest Surety Insurance Company Post Office Box 4500 Woodland Hills, California 91365 Attention: Jim Hilliary Re: Demand on Amwest Performance Bond / #1044845 Dear Mr. Hilliary: This letter and enclosed City of San Juan Capistrano Resolution #84-10-2-2 are to make formal demand on Amwest Surety Insurance Company for performance of the landscape maintenance obligations secured by Amwest in the above -captioned performance bond. The underlying agreement which sets forth the nature of the landscape maintenance obligations is enclosed as Exhibit A. Briefly, your principal failed to perform contractual landscape maintenance obligations during the period of June and July, 1984, some three months after Landscape West initially began performance of this one year agreement in March, 1984. Documentation setting forth the nature of the breach is enclosed as Exhibit B. Your principal's breach resulted in contract termination by the City on August 13, 1984. See Exhibit C. City projects damages resulting from the breach as described in Exhibit D. Please respond within 10 days as to how Amwest intends to undertake performance of the landscape agreement. Contact should be made directly with this office. Your cooperation is most appreciated. Very truly yours, IL R. hn R. Shaw ity Attorney JRS:cj Enclosures cc: City Manager Director of Public Works City Clerk Landscape West I RESOLUTIONS 0 ON OF DEFAULT (LANDSCAPE WEST AGREEMENTS WITH CITY) A1C AGA IJ Written Communications: Report dated October 2, 1984, from the Director of Public Works, noting that due to unsatisfactory performance, the contracts for maintenance of City parks, parkways, and facilities with Landscape West had been terminated on August 13, 1984. New contracts were employed to provide landscape.maintenance services and an increase in costs was estimated at $15,500; work needed to re-establish neglected landscaping was estimated at $9,000. The report recommended that a demand be made on the surety, AmWest, to perform under the agreement. Councilman Bland suggested that in such cases, if the surety refuses to perform, legal means of recovering damages should be explored. Declaration of Default: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the following Resolution be adopted: ON NO. 84-10-2-2 MAKING - A CAPISTRANO, CALIFORNIA, DECLARING A DEFAULT IN PERFORMANCE OF MAINTENANCE OF LANDSCAPING IN VARIOUS CITY PARKS AND PARKWAY AREAS AND CITY FACILITIES AGREEMENT (LANDSCAPE WEST, ROBERTS & ASSOCIATES) AND MAKING DEMAND ON SURETIES FOR PERFORMANCE The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None L ABSENT: None / /q.,�'/ N -2- October 2, 1984 FINANCIAL CONSIDERATIONS New contractors were employed to provide landscape maintenance services following the termination of Landscape West's contract. An increase in the costs of services is estimated to be about $15,500 for the year. The work which has been or is needed to be performed to re-establish the neglected landscaping to a satisfactory condition is anticipated to be about $9,000. The City has withheld two one-half months payments as work was not performed satisfactorily in June or July. The City has also not released a final two weeks payment for work done in August. Landscape West has been advised of the costs associated with their unsatisfactory performance and has not responded with financial reimbursement. Staff requests that the City Council authorize that a demand be made on the surety, AmWest, to perform under the Landscape West maintenance agreement. The objective would be to have the surety incur the above stated costs. ALTERNATE ACTIONS 1. By resolution, declare a default in performance of maintenance of landscaping in various City parks, parkways, and City facilities as defined in the agreement with Landscape West, Roberts & Associates, and make a demand on sureties for performance. 2. Do not declare a default in performance or make a demand on sureties for Landscape West's landscaping services. 3. Refer to staff for additional information. RECOMMENDATION By resolution, declare a default in performance of maintenance of landscaping in various City parks, parkways, and City facilities as defined in the agreement with Landscape West, Roberts & Associates, and make demand on sureties for performances. Respectfully submitted, W. D. Murphy WDM:CSF/rem STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of Resolution No. 84-10-2-2 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 2nd day of October 1984 ( SEAL) /1 l� U Llit t'd ow, .��z�-� [OM Y ANN HANOVER, City Clerk San Juan Capistrano, California DATED: This 3rd day of October , 19 84 . RESOLUTION NO. 84-10-2-2 IN PERFORMANCE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING A DEFAULT IN PERFORMANCE OF MAINTENANCE OF LANDSCAPING IN VARIOUS CITY PARKS AND PARKWAY AREAS AND CITY FACILITIES AGREEMENT (LANDSCAPE WEST, ROBERTS & ASSOCIATES) AND MAKING DEMAND ON SURETIES FOR PERFORMANCE WHEREAS, Landscape West, Roberts & Associates, executed a contract for "Maintenance of Landscaping in various City Parks and Parkway Areas and City Facilities" with the City of San Juan Capistrano on or about March 6, 1984; and, WHEREAS, Landscape West has posted a surety bond securing performance of the contractual obligations set forth in the above -stated agreement; and, WHEREAS, the Public Works Director has determined that Landscape West has defaulted in performance of the landscape agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council as follows: 1. The City Council hereby accepts the findings of the Public Works Director that contractor, Landscape West, has defaulted in the performance of its obligations under the landscape agreement. The findings of the Public Works Director are attached as Exhibit "A," and incorporated herein by reference. -1- The City Council hereby makes demand on the Surety, Amwest Surety Insurance Company, securing performance on the landscape agreement to cure the default by completing performance required under the above -stated agreement. PASSED, APPROVED AND ADOPTED this 2nd October 1984 , by the following vote, to AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer ATTEST: NOES: None day of wit: ABSENT: None A L AUS ORFER, MAYOR P, � _ 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 Resolution No. 84-10-2-2, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 2nd day of September, 1984, (SEAL) O -A "� Y NOVER, CITY CL K -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 83-12-20-3 and on the 4th day of October 1984 she caused to be posted: being: RESOLUTION NO. 84-10-2-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING A DEFAULT IN PERFORMANCE OF MAINTENANCE OF LANDSCAPING IN VARIOUS CITY PARKS AND PARKWAY AREAS AND CITY FACILITIES AGREEMENT (LANDSCAPE WEST, ROBERTS & ASSOCIATES) AND MAKING DEMAND ON SURETIES FOR PERFORMANCE in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. NARY ANS HANOVER, CITY CLERK San Juan Capistrano, California -3- AGENDA ITEM October 2, 1984 TO: Stephen B.Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Declaration of Default (Landscape West Agreements With City) SITUATION On August 13, 1984, the contract for the landscape maintenance of City parks, parkways and facilities with Landscape West was terminated. This action was the culmination of continuous problems experienced throughout the period of their contract which commenced in April of this year. Since the initiation of their agreement there were always difficulties in obtaining satisfactory performance. The work was rarely performed in the manner specified and much of what was done usually took repeated requests by City staff to get accomplished. One major problem was that too few persons were assigned by the company to provide this service for the City which accounts for the limited amount of work performed on a daily basis. Additionally, this lack of labor caused many problems in keeping the irrigation systems operable as routine monitoring is required to assure that damaged sprinklers and timeclocks and valves are repaired and replaced as soon as possible to eliminate any damage to surrounding vegetation, or at least keep it to a minimum. At the time of termination, insufficient irrigational maintenance was the main cause of the many landscaping problems which developed. Numerous contacts with Landscape West's Field Supervisor advising him of the poor service and problem areas as well as letters sent to the company owners received only temporary attention which was then reduced to nominal service again. Withholding of payments to encourage better service responses did not prove effective either as a continuous monthly workload was then reduced to a surge of concentrated week of labor sacrificing the daily visual appearances the City had specifically contracted for. Realizing that this was the operational mode of the company and that little or no change could be expected, the City advised Landscape West of its intent to terminate the contract. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable Exhibit A, Page One of Two cnu CITY COUNCIL AC -SNDA -2 - FINANCIAL CONSIDERATIONS October 2, 1984 New contractors were employed to provide landscape maintenance services following the termination of Landscape West's contract. An increase in the costs of services is estimated to be about $15,500 for the year. The work which has been or is needed to be performed to re-establish the neglected landscaping to a satisfactory condition is anticipated to be about $9,000. The City has withheld two one-half months payments as work was not performed satisfactorily in June or July. The City has also not released a final two weeks payment for work done in August. Landscape West has been advised of the costs associated with their unsatisfactory performance and has not responded with financial reimbursement. Staff requests that the City Council authorize that a demand be made on the surety, AmWest, to perform under the Landscape West maintenance agreement. The objective would be to have the surety incur the above stated costs. ALTERNATE ACTIONS 1. By resolution, declare .a default in performance of maintenance of landscaping in various City parks, parkways, and City facilities as defined in the agreement with Landscape West, Roberts & Associates, and make a demand on sureties for performance. 2. Do not declare a default in performance or make a demand on sureties for Landscape West's landscaping services. 3. Refer to staff for additional information. RECOMMENDATION By resolution, declare a default in performance of maintenance of landscaping in various City parks, parkways, and City facilities as defined in the agreement with Landscape West, Roberts & Associates, and make demand on sureties for performances. Respectfully submitted, 400 W. D. Murphy WDM:CSF/rem Exhibit A, Page Two of Two AGENDA ITEM October 2, 1984 TO: Stephen B.Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Declaration of Default (Landscape West Agreements With City) SITUATION On August 13, 1984, the contract for the landscape maintenance of City parks, parkways and facilities with Landscape West was terminated. This action was the culmination of continuous problems experienced throughout the period of their contract which commenced in April of this year. Since the initiation of their agreement there were always difficulties in obtaining satisfactory performance. The work was rarely performed in the manner specified and much of what was done usually took repeated requests by City staff to get accomplished. One major problem was that too few persons were assigned by the company to provide this service for the City which accounts for the limited amount of work performed on a daily basis. Additionally, this lack of labor caused many problems in keeping the irrigation systems operable as routine monitoring is required to assure that damaged sprinklers and timeclocks and valves are repaired and replaced as soon as possible to eliminate any damage to surrounding vegetation, or at least keep it to a minimum. At the time of termination, insufficient irrigational maintenance was the main cause of the many landscaping problems which developed. Numerous contacts with Landscape West's Field Supervisor advising him of the poor service and problem areas as well as letters sent to the company owners received only temporary attention which was then reduced to nominal service again. Withholdincc of payments to encourage better service responses did not prove e*fective either as a continuous monthly workload was then reduced to a surge of concentrated week of labor sacrificing the daily visual appearances the City had specifically contracted for. Realizing that this was the operational mode of the company and that little or no change could be expected, the City advised Landscape West of its intent to terminate the contract. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable '"nP r,ITY COUNCIL AGENDA STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of Resolution No. 84-10-2-2 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 2nd day of October , 19 84- (SEAL) 4. (SEAL) P 7v1 /] aa,//JC NI Y AN NOCVER, City Clerk San Juan Capistrano, California DATED: This 3rd day of October , 19 84 . RESOLUTION NO. 84-10-2-2 DECLARING DEFAULT IN PER] A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING A DEFAULT IN PERFORMANCE OF MAINTENANCE OF LANDSCAPING IN VARIOUS CITY PARKS AND PARKWAY AREAS AND CITY FACILITIES AGREEMENT (LANDSCAPE WEST, ROBERTS & ASSOCIATES) AND MAKING DEMAND ON SURETIES FOR PERFORMANCE WHEREAS, Landscape West, Roberts & Associates, executed a contract for "Maintenance of Landscaping in various City Parks and Parkway Areas and City Facilities" with the City of San Juan Capistrano on or about March 6, 1984; and, WHEREAS, Landscape West has posted a surety bond securing performance of the contractual obligations set forth in the above -stated agreement; and, WHEREAS, the Public Works Director has determined that Landscape West has defaulted in performance of the landscape agreement. follows: r NOW, THEREFORE, BE IT RESOLVED by the City Council as 1. The City Council hereby accepts the findings of the Public Works Director that contractor, Landscape West, has defaulted in the performance of its obligations under the landscape agreement. The findings of the Public Works Director are attached as Exhibit "A," and incorporated herein by reference. -1- 2. The City Council hereby makes demand on the Surety, Amwest Surety Insurance Company, securing performance on the landscape agreement to cure the default by completing performance required under the above -stated agreement. PASSED, APPROVED AND ADOPTED this 2nd day of October F 1984 , by the following vote, to wit: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ATTEST: ABSENT: None &t.4-4 A L AUS ORFER, MAYOR r 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 Resolution No. 84-10-2-2, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 2nd day of September, 1984. (SEAL) RY NOVER, CITY CL t _I J -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk i of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 83-12-20-3 and on the 4th day of October 1984 she caused to be posted: RESOLUTION NO. 84-10-2-2 being: DECLARING DEF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING A DEFAULT IN PERFORMANCE OF MAINTENANCE OF LANDSCAPING IN VARIOUS CITY PARKS AND PARKWAY AREAS AND CITY FACILITIES AGREEMENT (LANDSCAPE WEST, ROBERTS & ASSOCIATES) AND MAKING DEMAND ON SURETIES FOR PERFORMANCE in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. -3- RY ANS HANOVER, CITY CLERK San Juan Capistrano, California AGENDA ITEM October 2, 1984 TO: Stephen B.Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Declaration of Default (Landscape West Agreements With City) SITUATION On August 13, 1984, the contract for the landscape maintenance of City parks, parkways and facilities with Landscape West was terminated. This action was the culmination of continuous problems experienced throughout the period of their contract which commenced in April of this year. Since the initiation of their agreement there were always difficulties in obtaining satisfactory performance. The work was rarely performed in the manner specified and much of what was done usually took repeated requests by City staff to get accomplished. One major problem was that too few persons were assigned by the company to provide this service for the City which accounts for the limited amount of work performed on a daily basis. Additionally, this lack of labor caused many problems in keeping the irrigation systems operable as routine monitoring is required to assure that damaged sprinklers and timeclocks and valves are repaired and replaced as soon as possible to eliminate any damage to surrounding vegetation, or at least keep it to a minimum.. At the time of termination, insufficient irrigational maintenance was the main cause of the many landscaping problems which developed. Numerous contacts with Landscape West's Field Supervisor advising him of the poor service and problem areas as well as letters sent to the company owners received only temporary attention which was then reduced to nominal service again. Withholding of payments to encourage better service responses did not prove effective either as a continuous monthly workload was then reduced to a surge of concentrated week of labor sacrificing the daily visual appearances the City had specifically contracted for. Realizing that this was the operational mode of the company and that little or no change could be expected, the City advised Landscape West of its intent to terminate the contract. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable Exhibit A, Page One of Two H1 rna n17Y COUNCIL AGENDA .. - -2- October 2, 1984 FINANCIAL CONSIDERATIONS New contractors were employed to provide landscape maintenance services following the termination of Landscape West's contract. An increase in the costs of services is estimated to be about $15,500 for the year. The work which has been or is needed to be performed to re-establish the neglected landscaping to a satisfactory condition is anticipated to be about $9,000. The City has withheld two one-half months payments as work was not performed satisfactorily in June or July. The City has also not released a final two weeks payment for work done in August. Landscape West has been advised of the costs associated with their unsatisfactory performance and has not responded with financial reimbursement. Staff requests that the City Council authorize that a demand be made on the surety, AmWest, to perform under the Landscape West maintenance agreement. The objective would be to have the surety incur the above stated costs. ALTERNATE ACTIONS 1. By resolution, declare a default in performance of maintenance of landscaping in various City parks, parkways, and City facilities as defined in the agreement with Landscape West, Roberts & Associates, and make a demand on sureties for performance. 2. Do not declare a default in performance or make a demand on sureties for Landscape West's landscaping services. 3. Refer to staff for additional information. RECOMMENDATION By resolution, declare a default in performance of maintenance of landscaping in various City parks, parkways, and City facilities as defined in the agreement with Landscape West, Roberts & Associates, and make demand on sureties for performances. Resppeectff}jully submitted, hW. D. Murli phy- WDM:CSF/rem Exhibit A, Page Two of Two SAN Landscape West 1518 South Eastern Avenue Los Angeles, California 90022 September 7, 1984 Attn: Mr. Barry L. Konier, President Subject: Contract Termination - San Juan Capistrano Gentlemen: Submitted herewith is the Statement of Damages due to the City of San Juan Capistrano for your breach of the contract for "Maintenance of Landscaping in Various City Parks and Park- way Areas and City Facilities" in the amount of $26,970.92, which includes your credit for August payment. It is my intention to request the City Council to give authorization to call the Perfor- mance Bonds from Amwest Surety Insurance Company on this project to cover these damages should your payment of the above amount not be received by September 28, 1984. Please be aware that no legal fees have been included in these damage claims. However, legal fees may be included as part of new further action by the City of San Juan Capistrano. With regards to your statements in your letter of September 4, 1984, I wish to inform you that we are in strong disagreement with your positions on payment due and the level of deficiencies upon termination of the contract regarding maintenance of landscaping within the City. The final inspection on August 16 and 17 indicated 29 areas of deficiencies in maintenance of City parks, and 36 unsatisfactory ratings on the maintenance of City parkways. Since your termination, the City has gone to great administrative expenses to obtain new services and respond to these deficiencies. I would like to reiterate that we are not pleased with the efforts of your company on this project as you should be aware by our letters of April 18, May 2 and 29, June 7, July 13, and August 2 and 8, as attached. We are looking forward to your immediate response to this matter. Very truly yours, CITY OF SAN JUAN CAPISTRANO W. D. Murph Director of Public Works WDM:ol attachments xc: Amwest Surety Insurance Company City Manager City Attorney Director of Administrative Services REPORT ON LANDSCAPE DAMAGES LANDSCAPE WEST 1. Additional charges for replacement services: $10,588.83 - 8,550 = $2,038.83/month $2,038.83/month x 7.58 months = $15,454.33 2. City crew labor - additional inspections: $15.23/hour x 10 hours = 152.30 3. City crew labor - irrigation repair $15.23/hour x 36 hours = 548.28 4. Contractor repairs Parks $ 3,253.20 Parkways 4,538.00 Facilities 305.00 Sub Total 26% Overhead CITY DAMAGES Credit for Payment of 13 Days in August 13/31 x 8,550 AMOUNT DUE 9/6/84 8,096.20 $24,251.11 6,205.29 $30,556.40 3,585.48 $26,970.92 SAN JL%A d)FARISTRANQ/ CAL.CFORNIA 92675 r"CpKI361541177 August 8, 1984 Landscape West 1518 South Eastern Avenue Los Angeles, California 90022 Gentlemen: The City of San -Juan Capistrano is terminating our contract with Landscape West, effective Monday, August 13, 1984. You were given a fair opportunity to bring the quality of your performance back to a satisfactory level during the 60 day termination period; it is now readily apparent however, that your efforts fall far short of even a minimally acceptable standard. Our repeated attempts to alert you to a developing problem and the continuing degradation of the maintenance areas indicates a total disregard and lack of effort to provide services as specified. You have not, in spite of repeated warnings, performed the specified work in an acceptable manner;.the more apparent deficiencies have been in your: (a) irrigation work and routine inspection; (b) spray- ing of herbicide and insecticide; (c) tree care; (d) turf, shrub and groundcover care; (e) response time and work effort; (f) reporting and daily check -ins; (g) and adherence to your work schedule in personnel and locations. Since your breach of contract will require the City to expend unanticipated funds, monies to cover the costs for work not per- formed; done by City crews and that work which will have to be done to reestablish degradated vegetation, is being withheld by the City. At this time funds will be withheld from your June, July, and August payments. The City may, moreover deem it necessary to alert your bonding company of your breach of contract. 'As this is the City's final notice to Landscape West regarding the landscape maintenance of City parks, parkways and facilities, please be advised that should you have additional inquiries immediate contact is necessary. Very truly yours, CITY OF SAN JUANIPISTRANO W. W W. D.. Murphy Director of Public Works WDM:CSF/rem 1 3Z400 PA63l010.D EIARTa,' SAN JVA7CCAXMTRA*O. CALIFORNIA 92673 PIZI N 4434117T August 2, 1984 Landscape West 1518 South Eastern Avenue Los Angeles, California 90072 Gentlemen: on July 17th the City advised your company, Landscape West, of its intention to initiate contract termination. At that time you expressed your desire to continue providing services during the 60 days termination period to bring the landscaped areas back to a condition of acceptability prior to your departure. To date very little has changed as the number of personnel and the level of service remains poor and very inadequate. The basic specifications have not and continue to not be met. The quality of the maintenance is as it has been throughout the contract unsatisfactory. The City appreciates your expression.of good faith to make good the agreement between us and as such has released a previous month's payment to assist you in this effort. This should not be interpreted to mean, however, that the work was done in the manner specified (as is indicated by past correspondence.) As has been referenced above, a more intense service level both in personnel and work performance is essential over the next six weeks to just keep the landscaped properties in their exist- ing condition. This time of the year is the most critical in overall maintenance -and care of vegetation. Please do not over estimate the abilities of your crews and under estimate the maintenance required. If additional problems arise, it is your responsibility to contact the City.immediately. This notification is greatly appreciated. Thank you for your attontinn to this matter. Very truly yours, CITY OF SAN JUAN CAPISTRANO "'John Jones Public Works Superintendent JJ;CSF/rem cc: W. D. Murphy Jack Galaviz 2400 P16lO�AA �An S SAN JIAR'!4{GRiSTR/MfOi CA11FOiW IA 92673 Y __i� 'PI4pWH3AIi(17 July 13, 1984 Landscape West 1518 South Eastern Los Angeles, California 90022 Gentlemen: This is notification that as the Field Supervisor and Contract Administrator of your contract with the City of San Juan Capistrano for landscape maintenance I am recommending termin- ation. Since the initiation of your work with the City in April of this year, there has been an expressed continuing concern for the level of maintenance being provided. Not only has your work effort been very poor but in most cases unaccept- able to the point where second and even third attempts to perform the tasks were required. Numerous letters regarding this issue have been transmitted to your company with the expressed hope to obtain better landscaping performances. Additionally, weekly/daily contacts with Field Supervisors concerning the many maintenance problems have failed to generate any positive actions in a timely manner, which as you know in landscaping work is of extreme importance. In fact, and due to the lack of any actions after repeated requests to take care of a problem, the City has many times done the work ourselves. At our last official walk-through on June 29, 1984,- with both myself and Mr. Jones and Art, your City representative, the problems were again reiterated. Since that time little, has been done to correct the situation and in fact many maintenance areas have worsened. Quite frankly, I am frustated and dis- gusted with the lack of professionalism and general maintenance work being provided by Landscape West. Itis apparent to me that unless something major is done soon, the City parks, parkways and facilities properties will be so badly destroyed that restoration will be not only costly but time consuming, if it is not already too late. Landscape West -2- July 13, 1984 Today, as in the numerous times I've reviewed the conditions of City properties with your people, I have again made the following comments. 1) All turf needs broadleaf and fungicide spraying as well as fertiliz ni g; 2) There is an increasing problem with rodents which needs to be controlled immediately in all areas; 3) Shrubbery should be sprayed for pests and disease; 4) All trees need to be shaped, trimmed and pruned as well as sprayed for disease and pest control. Fertilizing is also necessary. The major problem, although all the above items are extremely important, is the inattention to the irrigation systems. The overall general inoperability of many of the sprinklers all over the City have left much of the adj.acent landscaping areas in very poor condition. The lack of monitoring of these systems including replacing and repairing broken and damaged parts is unexcusable. The work schedule submitted has never been followed or adhered to. This is evidenced by the visual appearance of City land- scaped property. The City has too much invested in these areas to allow them to continue to deteriorate as they are doing. It appears that the only way to preserve the City's investment is to terminate the contractor for not adequately providing the requested service and seek other means of having this work done in a satisfactory manner. Very truly yours, CITY OF SANJUA�j Jack Galaviz Field Supervisor Lead Maintenance JJ: rein CAPISTRANO Worker cc: W. D. Murphy John Jones i SAN June 7, 1984 Landscape West 1518 South Eastern Los Angeles, California 90022 Re: Landscaping Maintenance - Parks and Parkways Mowing and Cleanup Gentlemen: This is to advise you that with the present mowing equipment you are using you are not meeting specified lawn heights and cleanup standards Additionally, the method you've employed to pick up the cuttings from your mowing efforts (Ray -O -Vac Truck) has caused damage to tree roots,.irrigation.systems and has a high potential for causing severe ruts over the areas it is used. .There is also a problem of inadequate cleanup of corner areas and restricted/narrow spaces. Please review the attached copy of specifications regarding the above items. it would be my recommendation that a rotary mower, vacuum type, would provide the service designated.by the City. If you have any questions or comments on this issue, please contact me at City Hall. Thank you for your immediate attention to this matter. Very truly yours, CITY J7,IAN fjAPISTRANO Field Supervisor JG:CSF/rem Attach. GENERAL PROVISIONS •Turf Grass ]. All lawn areas are•to be mowed weekly, or as•needed to maintain the.height snecified below and borders neatly edged. Trim around sprink1cr heads as needed to provide maximum water coverage. Trim around planters. Remove and dispose of all cuttings. .now to the following height: Bermuda 1/2' to 1' . Bluegrass 1-3/4" to 2-1/4" Z. Irrigate as necessary to maintain proper growth rate and optimum appearance (see Section 3.E.., Irrigation). 3. Maintain lawn areas in a weedfree condition. a. A preemergent 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 an an as -needed basis to maintain at •weed free" turf condition. This shall be the program for all bluegrass and Bermuda grass - areas. Aerate once a year between February 1 and March 3i. Aerate all turf by removing 1/2" by 2" cores of sod with an aerator machine at not more than 6" spacing. Turf shall be dethatched once a.year between February 1 and March 31. This shall be accomplished by using a 'flail type" dethatching machine. Fertilization: 7t. Bluegrass turf shall be fertilized every 30 to 45 days, as needed, at the rate of one pound of actual nitrogen per 1,000 square feet. A 16-6-8 formula with trace 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. -21- r' b. Chemical control of broadleaf weeds shall be initiated an an as -needed basis to maintain at •weed free" turf condition. This shall be the program for all bluegrass and Bermuda grass - areas. Aerate once a year between February 1 and March 3i. Aerate all turf by removing 1/2" by 2" cores of sod with an aerator machine at not more than 6" spacing. Turf shall be dethatched once a.year between February 1 and March 31. This shall be accomplished by using a 'flail type" dethatching machine. Fertilization: 7t. Bluegrass turf shall be fertilized every 30 to 45 days, as needed, at the rate of one pound of actual nitrogen per 1,000 square feet. A 16-6-8 formula with trace 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. -21- 1 , b. Chemical control of broadleaf weeds shall be initiated an an as -needed basis to maintain at •weed free" turf condition. This shall be the program for all bluegrass and Bermuda grass - areas. Aerate once a year between February 1 and March 3i. Aerate all turf by removing 1/2" by 2" cores of sod with an aerator machine at not more than 6" spacing. Turf shall be dethatched once a.year between February 1 and March 31. This shall be accomplished by using a 'flail type" dethatching machine. Fertilization: 7t. Bluegrass turf shall be fertilized every 30 to 45 days, as needed, at the rate of one pound of actual nitrogen per 1,000 square feet. A 16-6-8 formula with trace 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. -21- b �YJ �, y 383400 Pf6lO 'AA#T y SAN JUTA'1!(GABTSTRA"O CALLkOi*llA 92675 s May 24, 1984 Landscape West 15.18 South Eastern Los Angeles, California 90022 Re: Field Inspection/Walk-Through Gentlemen: A field inspection of City parks, parkways and facilities (as designated in your contract with the City) took place today with your Supervisor, Art. While there still are some areas of concern many of the major .problem areas have experienced improvement and with continued effort on your behalf could regain/enhance their appearance. Some areas which still require concentrated work are the thinning and trimming of all the trees; increased rodent control measures and more attention to the irrigation system. These items are not of a critical nature presently but if not taken care of could create major problems. It appears that all the effort and cooperation you've exerted over the past several weeks has done a lot to improve your relationship with the City. The appearance of all the land- scaping has become better and I appreciate your efforts. If you have any other questions or wish further discussion, please feel free to contact me. Very truly yours, CITY OF SAN JU4N CAPISTRANO Jack Galavi2 Field Supervisor CSF/rem (76'7 CjC� SAN May 2, 1984 Landscape West 1518 South Eastern Los Angeles, California 90022 Re: Contract For Landscape Maintenance of City Parks, Parkways and Facilities Gentlemen: It has been over a month now that Landscape West has been responsible for the landscaping maintenance of city parks, parkways and facilities. As you know, this contract is quite extensive and, due to the location and visibility of the facilities, requires constant attention. This point was not only strongly stressed in the pre-bid conference, but has been continuously emphasized prior to and during your acceptance of the contract. To date, the level of service of your firm toward this work has been unacceptable. As Field Supervisor of this program I have contacted you and your representatives in the field numerous times to try and rectify the situation. Today another walk-through took place to review the maintenance being provided and evaluate whether the.requests of the previous walk-through on April 12th were accomplished. Please be advised that nothing has improved. In fact, due to the lack of attention afforded most of the parks and parkways, the overall appearance of these areas is very undesirable. Specifically, irrigation practices are very poor, rodent control ineffective, tree care unacceptable and mowing practices, i.e. trim mowing, removing and disposal of cuttings and overall detailing, unsatisfactory. City specifications require a high level of attention and labor to be performed to assure adequate maintenance of public land- scaping. If this cannot be obtained by your firm and sustained through the duration of your contract, then the City will have to relinquish your services. Landscape West -2- May 2, 1984 As the hot summer months are rapidly approaching and maintenance conditions become more critical, the City has to be assured that all contracted work will be performed in a timely and effective manner. Of an added concern is the inclusion of the library facility and the Rancho Viejo Road parkway to your contract that was part of your original bid package and is now ready to be maintained as of May 15th. These are major facilities and require a high level of maintenance. if you are desirous to continue with your agreement, a vast increase in service level and responsiveness will have to be demonstrated immediately. A work schedule identifying the area, locations of work for each week has yet to be submit this information as additional comments or wish contact me promptly. Very truly yours, the number of persons working in and the anticipated hours of work provided by your firm. Please soon as possible. If you have any to discuss this matter further, CITY OF SAID 6TU CAPISTRANO Jack Galaviz Lead Maintenance Worker/Field Supervisor JG:CSF/rem SAN April 18, 1984 Landscape West 1518 South Eastern Los Angeles, CA 90022 Re: Contract For Landscape Maintenance of City Parks, Parkways and Facilities Gentlemen: On April 12th, at my request, a walk-through of the City's parks, parkways and facilities with your representative, Art Jensen, took place. As you know your contract began on April 1st, and due to the lack of response and work production I felt it necessary to review what is required by the City to be performed. At this time I reiterated that the City requests and specifications dictate that among other things: 1. Work is to be done in a timely manner; 2. Work is to be done by competent persons; 3. A field superintendent and lead person will report daily and on a routine basis to designated City personnel; 4. Rodent control is of the utmost importance now;. 5. All facilities need to be checked at least three times each week for litter control and overall appearance; 6. Watering and irrigation needs to be monitored continuously and conscientiously; and 7. Another review in two weeks with your field representative of all City facilities and parkways will be taken to determine further appropriate actions. There are other possible problems associated with your work to date, however, the above items were the most severe and require immediate attention. Should the performance level not rise substantially within the designated time period, other measures may be forthcoming. Very tru o , Jack Galaviz 2. AWARD OF CONTRACT - CONTRACTURAL SERVICES FOR CITY PARKS PARKWAYS. AND CITY FACILITIES (LANDSCAPE WEST) (38-#415. r(38) Written Communications: (74) Report dated March 6, 1984, from the Director of Public Works, forwarding results of bids received for the landscape maintenance of City parks, parkways, and facilities. Funds are allocated in Account No. 01-4440-213. Award of Contract: It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried to accept the bids as complete and to award the contract for landscape maintenance of City parks, parkways, and facilities to Landscape West, of Los Angeles, in the amount of $102,600, annually. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 0 0 AGENDA ITEM March 6, 1984 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Contract for Landscape Maintenance of City Parks, Parkways and Facilities SITUATION As per City Council direction bids were received for the landscape maintenance of City parks, parkways and facilities. The opening of the bids took place on February 16th with the following results. Bidder Parks Parkways Facilities TOTAL Landscape West $72,000 $27,600 $ 3,000 $102,600 Midori Gardens 73,666 58,648 6,658 138,972 Artistic Maint. 74,300 32,400 14,100 120,800 Green's Gardening -- -- 9,540 So.Coast Landscape 80,500 49,140 22,500 152,140 Toyo Landscaping 84,155 42,840 10,548 137,543 The Soto Company 90,000 50,000 15,000 155,000 Calif. Landscape Maint. 112,469 49,795 15,573 177,837 All bids were reviewed by staff and determined as complete. Reference contacts were made as well as a personal meeting with the low bidder on all the landscape maintenance items and it is staff's recommenda- tion that Landscape West be awarded the total contract for City parks, parkways and facilities. COMMISSION/BOARD REVIEW. RECOMMENDATION Not applicable FINANCIAL CONSIDERATIONS The total cost for the landscape maintenance of these City properties will be assessed the 01-4440-213 Account. This expenditure has been budgeted for in this year's budget 1983-84 and will be continued into the 1984-85 budget. The City estimate for this work was $151,000. This contract is $48,400 less than what was anticipated. FOR CITY COUNCIL AGENDA .. 0 0 Landscape Maintenance of -2- March 6, 1984 City Parks, Parkways and Facilities ALTERNATE ACTIONS 1. Accept the bids as complete and award the contract for the landscape maintenance of City parks, parkways and facilities to Landscape West in the amount of $102,600 annually. 2. Do not accept the bids. 3. Refer to staff for additional information. RECOMMENDATION By motion, accept the bids as complete and award the contract for landscape maintenance of City parks, parkways and facilities to Landscape West in the amount of $102,600 annually; authorize the Mayor and City Clerk to execute the contract on behalf of the City. Respectfully submitted, W. D. Murphy WDM:CSF/rem AMWEST SURETY INSURANCE COMPANY LOS ANGELES, CALIFORNIA A Aw FtCFIVE D f BOND NO. 1044845 1 Premium: $2,052.00 per annum PERFORMANCE BOND — PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS: That we, Konier & Associates, Inc. DBA: LANDSCAPE WEST, ROBERTS & ASSOCIATES as. Principal, and AMWEST SURETY INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto: City of San Juan Capistrano ,as Obligee, inthesum of ONE HUNDRED TWO THOUSAND SIX HUNDRED AND NO/100---------------------DOLLARS, ($ *102, 600. 00*****), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal entered into a contract dated the with said Obligee to do and perform the following work, to wit: Landscape Maintenance of Specified Areas in Various Parkway Areas, City Parks, and City Facilities. NOW, THEREFORE, if the above -bounden Principal shall well and truly perform or cause to be performed, each and all of the requirements and obligations of said contract set forth, then this bond shall be null and void; otherwise it shall remain in force and effect. SIGNED, SEALED AND DATED this 20th day of March 19 84 Konier & Associates, Inc. DBA: LANDSCAPE WEST, ROBERTS & ASSOCIATES PRINCIPAL BY AMWEST SURETY INSURANCE COMPANY BYf• ATTO RNE V -I N -FACT Joseph M. Panarisi C-101 (7/78) 1 STATE OF CALIFORNIA, COUNTY OF Orange 55. On March 20, 1984 , before me a Notary Public, within and for the said County and State, personally appeared Joseph M. Panarisi , known tome (or proved tome on the basis of satifactory evidence) to be the person whose name is subscribed to the within instrument as the Attomey in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety, and his own name as Attorney in Fac OFFICIAL SEAL DANA YANCEY - ROSS /} NOTARY PUBLIC -CALIFORNIA L PRINCIPAL OFFICE IN NOTARY MILLI ORANGE COUNTY S, My Comm. Expires Sept. 18, 1987 AMWEST SURETY INSURANCE COMPANY LOS ANGELES, CALIFORNIA F,? 0 E'r'e E4 BOND NO. PUBLIC WORKS - Cf%►OOR &,TERIAL BOND JL'.- iA Premium: KNOW ALL MEN BY THESE PRESENTS, 1044845 $2,052.00 per annum That we, Konier & Associates Inc DBA• LANDSCAPE WEST ROBERTS & ASSOCIATES , as Principal, and AMWEST SURETY INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of Califor- nia, and authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto: City of San Juan Capistrano , as Obligee, in the sum of ONE HUNDRED TWO THOUSAND SIX HUNDRED AND NO/100--------------------- DOLLARS ($*102, 600.00**), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that WHEREAS, the above bounden Principal has been awarded and has entered into a contract with the Obligee to do and perform the following, to wit: Landscape Maintenance of Specified Areas in Various Parkway Areas, City Parks, and City Facilities. NOW, THEREFORE, if the above -bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with repect to work or labor performed by any such claimant, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall insure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. SIGNED, SEALED AND DATED this 21st day of March 19 84 Konier & Associates, Inc. DBA: LANDSCAPE WEST, ROBERTS & ASSOCIATES Principal BY - AM EST SURETY URANCE COMPANY BY _ -Y�y -- Attorney-in-Fact Joseph M. Panarisi C-103 (7178) STATE OF CALIFORNIA, COUNTY OF Orange 55 On March 21, 1984 , before me a Notary Public, within and for the said County and State, personally appeared Joseph M. Panarisi , known tome (or proved to me on the basis of satifactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged to me that he SURETY INSURANCE COMPANY thereto as Surety, and his own name as Attomey In Fact. NOTARY PUBLIC OFFIOIAL SEAL L 2.4 DANA YANCEY - ROSI NOTARY PLIBUC - CALIFOR PRINCIPAL OFFICE IN ORANGE COUNTY MY Comm. Expires Sept. 18, AMWEST SURETYINSURANCE COMPANY P.O. Box 4500 0 Woodland Hills, California 91365 Telephone 213: 704-1111 PA R' A OR kd �mr=- KNOW ALL MEN BY THESE PRESENTS; TPoAt 10. NTAURE; C11 NX, A CALIFORNIA CORPORATION does hereby make, constitute irrt Q RsON A z *HAN—SHIPLEY PAIVA—CHERYL N BUB 0itf;.VAti4+ TT `D; 'Ea -M CATHERINE THOM PSON—ROCHE I-Ik B. �I'E{R— 4,E, IRS—S � Bh ME J. SANDEN— JOSEPH M. PANARISI-g''� qV— I ARIL. Y E— E. BETTIN its true and lawful Attorney(s)-in-Fact, with fU(Ipowo auttir r 7 oadOn o half° ny $I' ,¢elBxecute and deliver and affix the seal of the compan tato ff AJ ISeat f rpt I lade r AL¢ni her written obligations in the nature thereof, as fohgyra r . _ � � + � „ , . ; , � �'• � s � ^ ` ,� 1 , s k x � - CONTRACT, LICENSE?PE t"'I22'�.'OURT+&V (''EL�(►NE®t1��+�Nb$T}p O� = and to bind AMWEST SURETY tr $q C®MPt1 it trN Ant to At �L,y; these 't t -a ioint Arid all of th eDttt of sa( t In � presents, are hereby ratifiecartd adt#frmes."itis apfmintmrr,,s.jriade undertahlsby`abaittdt#!'�rthesf8 tsg (€ryaw cions of the By La of the caapar�; itAich aragaw #rt ul-forc$:,ah effeot: Article III, Section 7•df"tiba $, r*, so# $$T $Uti 7Y Mt$UgANCE.`( iMPAEGY This Power of Attorpey tsssfe,Ptad an ` ' - } a ' # .. +• t A' ea ;b3rxfacsi�Aile +ynder and by the cult grttY ttsY the s ttrg deaolotr6 ted by the board of directorsTof AMIIVESTf� Y tNSURA CQMPANY at a rh"egi{ #y hel B er i "1tt a " r; x4s9ea5 �F s$I6"-� ���� 3 RESOLVED+thaf&rbI 4s arv4ee a k;jgC ,. *tr# P?@ei +hBe-pr$slde„ilgxonjuncuon with theasffirOr nyssait fe +-2 tart', may appOinl: t c)ra,Ftjts in-laot f § is witt#aulbbcity'as defined or limited int f "chem- appointment'ih $rahz&ase, foriA I If rffRthe CamAg, my to execute and deliver seal qp� ale pant' to bQrtriUsa }IBdeTt�cin flt,thces,tiAtdlys$I}sh ip obligations of all kinds, ai} -rs any such attoTnl ih?fAct p tg a8 revoke gr t r+4r#Btdffifh2y tt e?' rEIY`t” Ihoo +-� ck �rt,s•s :2sektr,y�?tTw;a�;a�tir�� {i Wl.yt{.2FURT d tan fid and Indin u the. t ie"takirrEFEE 'Etaft1'e orLpeEy$f40 �lt5��;'`rx t2 B OW) � t. siftf..a , xti`r :-T fora tz44f Tte4 "^T d8,:. (i);yrllerl;ssgned by$htt r}esidF#rtt,an*Vete-president arrdi atte§fPtl aQ# z(fi''azS�tYIy., rgr"&"` secretary On assistant §`efceei r�,tor s i # a t a ; * "- • ' - (ii) when s4obdb vthe,presid" oil ArWvice� president or secretary 4r _assistant sgcprerWrY, and coun�Gq�Igr eA_ and seated (if a s'eB liE�rg yired) #ay'ovdidyf•.aiithorized attorney in -fact for agent dia �.. ; x so t I > r' sT r �, c m ,. r : + ' . (ii#1`wheh r�uly,efteou ted Ands@Yte0 Iif asea; be required) by onex rq xel6 `twir t -$n: t"s •EoS*tfr-+t ' µ$,Uan11:q and kt i the timers Ott tffe�' f�ority evidenced by the powert#f' i[q rim ifsG@rY$} ffi5 sY f , e • (a$rsor! or person$:$ 1. 5 i- F 1 4 4 . rt ; . bs % fi 4 -5 'i u' '+' e V g x b 9 k t - F. ' RWOO) FURtHERtthfthe signature of any authorized officer and the seal of the,cgrppany may be ` iffixed byzfacMs/? fir5 ile to attorney or certification thereof authgrraiogthe^eScr�idYhte6ya4t .any bi undertakirrg; fet 4m ante, or other suretyship obligations of the cotTtpatry 'ah$ UiQh M ' n gra rj real when soused shall have t`h'g same force and effect as though manually affixed. IN WITNESS WHEREOF" 41MWEST SURETY INSURANCE COMPANY has caused these'p;ese'nts to be signed by its proper officer, and its corporate seal to be hereunto affixed this 17th day of S?DteJl19_$1 gpftWEST SURETY INSURANCE COMPANY pnvnaa,o 'b �4YiliY+i� / STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - ss On this 17tbijay of September A.D., 19-B-1, personally came before me Richard H. S3V3Ee and Marge Schneider to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM- PANY,CALIFORNIA who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. OFFICIAL SEA1_ DYANNE A. CAIAtN, NOTARY PUBLIC - CALIF (SEAL) �e PRINCIPAL OFFICE IN LOS ANGELES COUNTY Mr Commission EIIP. Mar. 29, 1995 Notary Pumm STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - ss CERTIFICATE I, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY, a California corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the By -Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. Signed and sealed at costa Mesa yJeEtV IM5YN, 4.Cf O AW -2 34 !r'OR VOR f\S i a \*�Y 1 191« this 20th day of March 9 84 Y�_ JFJ X//rl2A'1 / Secretary 'b_ -1,_ 4 fl_ t, . (PROJECT TITLE) BIDDER AMOUNT BONE ` California Landscape Maintenance Inc. 7 Green's Gardening v C / i v� Landscape West 66D ° r ✓ Midori Gardens A / 6 �6 r/ The Soto Company Toyo Ladscaping Company 0 �C�, .� 61). ° South Coast Landscape, Inc. °sa.- D y2, Sao do Artistic Maintenance, Inc. i 7 cc: City Clerk's Staff (3) Public Works (3) Mana er (1) BID PROPOSAL For the: Maintenance of Landscaping in Bid Opening February' 16, 1984 From Konier & Assoc., Inc., dba LANDSCAPE NEST Contractor Various Park Sites and Parkway Areas and City Facilities To the Honorable city -Council City of San Juan Capistrano. . .Gentlemen: The undersigned, as bidder, declares that he has carefully examined the locations(s) of the proposed work as described, examined the specifications and general conditions therefor, read the instruc- tions 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 maintenance in accordance with the specifications for the maintenance of Landscaping in various park sites and parkway areas and City facilities ;n the time stated herein, or the lump sum given on the following pages of this proposal. In case of discrepancy between unit prices and the extension there- of, 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 Cap- istrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then the enclosed check or bid bond shall be returned to the undersigned within thirty (30) days. If the pro- posal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council, then said check, shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damnagcs for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is Bidder's Bond . (insert •s 11,700.00 -cash", "cashier s check" , "certified check", or bidder's bond" as the case may.bc) in an amount equal to at least ten percent (101) of the total bid. -3- 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: AMWEST SURETY BONDING LQ) Adams Blvd finite 717_ r'nc+-o m— nn W606 Licenced in accordance with an act providing for the registration of contractors - - 'License No. 417109 Signature of bidder: PRESIDENT - LXNDSCAPE WEST (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.) TOM DINLEY, Vice President CATHY KONIER, Secty/Treas. Dated: February 14, 19 84 1518 S. Eastern Avenue, L.A. 90022 Business address (213) 261-2508/(714) 995-1130. .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- 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). -5- 9. Calle Arroyo, south side of street from Sundance Drive to via Parra 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; autom�ktic 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. 1? Ortega Properties Parkways - 2.5 acres Twenty feet from curb around the perimeter and internal roads within the Ortega Properties development. (See attached map.) 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 on the slopes, trail requires weed and erosion control. 15. The west side of Camino Las Ramblas from Avenida Pescador to Kinkerry Lane; automatic irrigation system; groundcover and trees; (191). 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 with shrubs and ground cover in medians; automatic irrigation and weed control. Minimum water truck capacity of 500 gallons is required. TOTAL ANNUAL COST $ 27.600.00 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. Signatur of Bidder 1513 S. Eastern Ave., L.A. 90022 Address (213) 261-2508/(714) 995-1130 Telephone Number 6-a PARXSITES 1. Bonita Park - .6 acres; west side of Via Del Rey, across from Via Lorado; 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 cos.=rolled Rainbirds. 9. Mini Park - .3 acres located at Yorba and Camino Capistrano; crushed rock groundcover- 10. Junipero 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. -7- 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 and trees. 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. TOTAL ANNUAL COST $ 72,000.00 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. Signature of Bidder 1518 S. Eastern Ave., L.A. 90022 Address (213) 261-2508/(714) 995-1130 Telephone number am 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. *Will require additional litter control common seating, parking lot, and sidewalk. Cleaning to maintain good public visibility before and after weekends. TOTAL ANNUAL COST $ 3,000.00 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. Signatur of Bidder / 1513 S. Eastern Ave. L.A. 90022 AcTdress (213) 261-2508/(714) 995-1130 Telephone Number 'r Ir z. IF i w to osc PA_ z,E EL CAMINO REAL Camino CaDistrano ArRCZ {'A P Y - I' �d SAN JUAN CAPISTRANO CITY OFFICES x32400 Paseo Adelanto SAN JUAN HOT SPRINGS DANCE HALL !'32506 Paseo Adelanto A. i I� BONITA PARK Via Del Rey rrs Arizr;, Ali L IL CITY PARKS LI Her,.�c/i..a m�Va„sd t,Pac-1L^ ERRA PARK aIle S to Rosalia - MsNi PARS. a FOUR OAKS PARK /VI Via D rr V[a. FArcA ' 0 SAN JUAN ELEMENTARY �! EI Camino Real and Sormq i c - ALTO IIAPISTRA _10_ DESCANSO PARK San Juan Creek and Bike Trai NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ss. County of BARRY L. KONIER , being deposes and says that he is Presdent KONIER & ASSOC., INC. dba LANDSCAPE WEST the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or 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=_nancial interest with said bidder in this general business. Tom Dinley By first duly sworn of Subscribed and sworn to before me this 16th day of February , 19 84. -11- AMWEST SURETY INSURANCE COMPANY LOS ANGELES, CALIFORNIA BID BOND BOND NUMBER: 1031898-22 PREMIUM:,_. BBSU.................... BID DATE 2-16-84 2:00 p.m. KNOW ALL MEN BY THESE PRESENTS, That we,,,,,,,,,,,,,,,,Konier & Associates, Inc.... .......................................................... DBA: LANDSCAPE WEST, Roberts & Associates ..................................................................................................................................................................................... (hereinafter called the Principal), as Principal, and AM WEST SURETY INSURANCE COMPANY, a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of ,,,,,,,,,,,,,,,,California ................. (hereinafter called the Surety), as Surety, are held and firmly bound unto,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ................ City of San Juan Capistrano (hereinafter called the Obligee) in the penal sum of,,,,,,,,, *Ten* percent ( .......... *10*,,,,,,,,,,,,,,°k) not to exceed ELEVEN THOUSAND SEVEN HUNDRED AND NO/100------------------ ....................................................................................................................................... Dollars ($........?.................................) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit aproposal to the Obligee on a contract for.............................................................................................................................. ,Maintenance of Landscape: Various City Parks, ..................... ................................................................ ,ParkwaXst and.Cftx Facilities. NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful perfor- mance of the said contract; or if the Principal shall fail to do so, pay to the Obligee the damages which the obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise remain in full force and effect. SIGNED, SEALED AND DATED this......................16 th............ , day of,,,,,,,,,, February,,,,,,,,,_,,,,,,,,,,, ,19,,, 84,,,,,,,,,,. KONIER & ASSOCIATES, INC., DBA: LANDSCAPE WEST, ROBERTS & ASSOCIATES .............................................................................................. PRINCIPAL By.... .....0"-'e-wp- .......................... AM ST SURETY INSURANCE COMPANY By' ..... .. ......`P.....................1.:....^.:.ti`. .......:.. ................ ATrORNEY;IN-FACT Joseph M. Panarisi C-104 (7/7e) STATE OF CALIFORNIA, COUNTY OF Orange 55. On February 16, 1984 , before me a Notary Public, within and for the said County and State, personally appeared Joseph M. Panarisi , known tome (or proved tome on the basis of satifactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMW EST SURETY INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the AM WEST SURETY INSURANCE COMPANY thereto as Surety, and his own name as Attorney in Fact. EQ OFFICIAL - / DANA YANCEy "ROSS NOTARY VUBLIC roT PtIBt1C _ C ORM rRINCIRAL OFFICE IN ORANGE COUNry MP �WRRi. F1pIMS Sept. 19, 1987 AMWEST SURETY INSURANCE COMPANY P.O. Box 4500 Woodland Hills, Califomia 91365 Telephone 213: 704-1111 PQW$R OF ATTORA-X KNOW ALL MEN BY THESE PRESENTS,,TRat AMWE'.ST'SURETY UStJRANCE' C NY, A CALIFORNIA CORPORATION does hereby make, constitute and appoint OANY„R, PET£ASOK^JANICE DRUEZ-6YAk4tk;ALYIHAN—SHIRLEY PAIVA—CHERYL M. BYRNAND- dHN f. aA,VASE-SOOTT D'. AN§CHVLT2—MAa410-INI CATHERINE THOM PSON—ROCHELLE•.P. WQE§sNe141 OC A=,i, RottEtts-SUE ISROWN-PAM as :d. SANDEN— JOSEPHM.PANARIShLK UtttNOtfEAY—MAtx ADS§M,ITN—MARILYNK.CANLtSLE—p90MM'LTY,KAYE.BETTIN its true and lawful Attorney(s)-in-Fact, with fpf 'piowef, arld autFiQrftyfor and On behalf of tho'agn(piany as,dai'I'et§�1`$D execute and deliver and affix the seal of the company;hereid ff a teal requlred,' bonds, underfakIrl Teoagniz§rtoBa at Other written obligations in the nature thereof, as follows:, - - CONTRACT, LICENSE, PERWIT,,COURTJA.MISCELLANEOUS BOND$ TO'S2$0,000.10 #" and to bind AMWEST SURETY ;NSURANtE COMPANY thereby, and"all df'the actsofsaidl_At;am4tys-in-FaCt',.Put Isuant to these presents, are hereby ratified •and confirmed This appointment is made under and by autboritycif the fc'00*iniQ PrOvi cions of the By Laws of the company; which are now in, tull`force and effect: Article III, Section 7 cif -the ,By' aws of AMI SURETY INWRANCF Ct,1MOAXY This Power of Attorney'Is sI ged'ands lad Cly. facsi,n:la under and by the authbrjtygf the fall pwtttg,resol ution5, 2ilfo ted by the board of directors of AMWEST-SI ET'If lNSURANC€,COMPANY at a miiatin dbly hef&od er RESOLVED that the`,presip,am'pr enywice presldenf in`conjunction with the Mreig;aty'Or anyss' it i T=s cre tary, may appointtatteirri4ys ,n fac'tpo agents witRauthgrity'as defined or limited ih'tff4k. i'(a titft#}entzevfdlt tffe �" q appointment to a.fi"'1c,Aae: fgrvati fftalf ®=c'' ny to execute and deliver iptdfiifsbo sealsfiY pang to bond4r }xYdertakings; re ot,{ %ance;l;a si+fewthip obligations of ail kinds; amf" Nyers any such attorneyuh4act or ajenUaQ revolt'41iY`{yblaerofr,attorney previously, lytei)tottjq ,fiE-S'f}LV D FU,Fis that enfyb6rrt4 uhifartakirrg; reobgnita oa Or ire }I iPib i igo �p�z �s y.^",'t s� ' arid binding the cpidp RY �• �, :'"� .- ,` '- s'a ',. a^',, ,t'ty, �f'ty ,sv_ ` (i) wheh signed by#wpresidept or alW'�vice-president and attested andsalad, if4,seathe`requiieiif secretary or assistant seeratany; or . -. ' ,` , I- (ii) *hen signed by, the president gr,ady vice-president or secretary or assistant secretary, and countersigned and sealed lif a seal be required) Ity,a dilly'authorized attorney in fact drlagerit; o:, _ fiiil when duty,exebu red 'arid sealed1if a se.ai be required) by one,w more -attorneys iwfSCjxY�„ati fur* `- - suant to and dvithrn"the fimits of the"authority evidenced by the power of attorney is;ued,byxthkodri '1, #ueh, •"" person or persons.' RESOLVED FURTHER. that the signature of any authorized officer and the seal of the company may be 'affixed by facsimile`to any:poyiet of attorney or certification thereof authotizim be executicur".snd-40tiveiy. of ” any bond,",tirtdertaking,;raCOg`aiz$rice, or other suretyship obligations of the company; and'Siudi 6 tore 8nd'seal when so Used shall have"thE`same force and effect as though manually affixed. IN WITNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be hereunto affixed this 17th day of September 19_91. F F�pQWEST SURETY INSURANCE COMPANY LpP V,)P4Io �� Al s , °4ti�oan�e — Secretary STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — ss On this 17thday of SepteTiLber A.D., 19-�.1, personaNy came before me Richard H. Savape and Marge Schneider to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM- PANY,CALIFORNIA who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seat affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. OFFICIAL SEAL DYANNE A. CALANAN NOTARY PUBLIC CALIFORNIA (SEAL) PRINCIPAL OFFICE IN LOS ANGELES COUNTY Notary Public My Commission ExP. Mal. 29. 1985 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — ss CERTIFICATE I, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY , a California corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the By -Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. Signed and sealed at Costa Mesa this 16th day of February 19 84 it AW-2oanon�ro\� �/ e /rA_��sf Sid^ Secretary S PROOFOFPUBLICATION (2015.5 C.C.P. ) STATE OF CALIFORNIA County of Orange City of San Clemente I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the San Clemente Sun/Post, a newspaper of general circulation printed and published daily in the City of San Clemente, County of Orange, and which newspaper has been ad- judged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of March 11, 1960, Case Number A9140; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: Jan- 25 and Feb. 1 all in the year 19 8 4 . I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this 1st dayof February 19 84 Signature SAN CLEMENTE PUBLL4HING CORP. 1542 North El Camino Real — P.O. Box 367 San Clemente, Calif. 92672 — Phone (714) 492-5121 This spla for the Camty Clerk's Filing Stamp RECEIVED `Fe ? if 7 PiN'8q CI' Proof of Publication of SJC Bids NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: DAILY SUN -POST Donna Harrison, Legal FOR PUBLICATION ON: DOCUMENT(S) TO BE PUBLISHED: WEDNESDAY, JANUARY 25, 1984 and WEDNESDAY, FEBRUARY 1, 1984 NOTICE INVITING BIDS - MAINTENANCE OF LANDSCAPING IN VARIOUS CITY PARKS AND PARKWAY AREAS AND CITY FACILITIES PROOF OF PUBLICATION: Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: DATE: January 19, 1984 Date of Bid Opening Date(s) notice published Date affidavit received Date notice posted in designated posting places (3) - 2/16/84 at 2:30 p.m. - 1/25/84 & 2/1/84 - 1/25/84 Date notice(s) posted on property - n/a Date of mailing notices to property owners - n/a Main 0 M NOTICE INVITING BIDS es Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the maintenance of landscaping in various City parks and parkway areas and City facilities until 2:30 P.M. on the 16th day of February, 1984. A pre-bid conference is scheduled at 10:00 A.M. on the 9th day of February, 1984, 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: January 19, 1984 ITY CLE CITY OF AN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA 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 p.m. on the 16th day of February 1984, receive seale —proposals or bids o-�r—the Maintenance of landscaping in Various City Parks and Parkway Areas AND City Facilities 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 9th day of February 19 84, at the City-70=ices. The contractor sTia3r 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 wages, as determined by tFie Director o the State Department o Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of 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 S'n the amount of $5.00, non-refundable, is required for obtaining each set of specifications. There will be a $5.00 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor's License number of such bidder so bidding, as no bid will be accepted from a contractor who has not been licensed in accordance with the 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 City of San Juan Capistrano, and is dated this 18th day of January 1984. MARY ANZ OVER, 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 (100%) 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. -2- A • 4. APPROVAL OF PLANS AND SPECIFICATIONS - CITY LANDSCAPE "T\T1TTL+TTT wTIT L+ /00_AAT C/ATG/A T'/ .438) Written Communications: (74) Report dated January 17, 1984, from the Director of Public Works, requesting approval of specifications for the maintenance of City parks, parkways, and Landscape Maintenance Districts. New additions to the program include the library, fire station, Sunhollow right-of-way, and Rancho Viejo Road area. Approval of S ecifications/Call for Bids It was movedby Counci man Sc wartze, seconded by Councilman Hausdorfer and unanimously carried to approve the specifications for City landscape maintenance and to authorize staff to call for bids. t � k,V�-� • AGENDA ITEM January 17, 1984 TO: Stephen B. Julian, City Manager 0 FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Specifications and Authorization to Call For Bids - City Landscape Maintenance SITUATION The specifications for City landscaping maintenance includes City parks and parkways and the Landscape Maintenance Districts. Although both items are bid separately the general provisions of the landscape maintenance are similar and applicable to any program. All City parks, including the Fire Station (Recreation Dept.) and the library, the majority of City parkways and all but the Seaview Tract of the Landscape Maintenance Districts will be bid at this time. The contract will run from April 1, 1984 through March 31, 1985. Specifications are available in the Public Works Department for review. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable FINANCIAL CONSIDERATIONS The cost for providing this service has been partially budgeted for in this current budget and will be continued to the next fiscal year appropriations. Using contractual labor for this program has reduced the City's maintenance personnel costs. Last year's contracts totalled approximately $155,000, however, with the addition of the library, fire station, Sunhollow right-of-way and Rancho Viejo Road these charges will escalate. ALTERNATE ACTIONS Approve the specifications for City landscape maintenance. Do not approve this program. Refer to staff for additional information. RECOMMENDATION By motion, approve the specifications for City landscape maintenance and authorize staff to call for bids. AA/ e -- W. D. Murphy WDM:CSF/rem 1y r N 0 T I C E I N V I T I N G B I D S W t Public notice is hereby given that the City Council of the City of San Juan Capistrano will up to 2:30 p.m. on the 16th day of February 1984, receive sealed proposals or bids or the Maintenance of Landscaping in Various City Parks and Parkway Areas AND City Facilities 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 9th day of February 19 84, at the Cityes. 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 wa�L, as determined by the Director of t e 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. r &J 4. Aerate once a year between February 1 and March 3i. Aerate all turf by removing 1/2" by 2" cores of sod with an aerator machine at not more than 6" spacing. S. Turf shall be dethatched once a.year between February 1 ' and March 31. This shall be accomplished by ,using a 'flail type" dethatching machine. i 60 Fertilization: i -a. Bluegrass turf shall be fertilized every 30 to 45 days, as needed, at the rate of one pound of actual nitrogen per 1,000 sa_uare feet. A 16-6-8 i1- formula with trace elements is recommended. 2t. 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. ' GENERAL PROVISIONS W r; Turf Grass All ?awn areas are. to be mowed weekly, or as -needed to maintain the height snecified below and borders neatly edged. Trim around sprinklQr heads as needed to provide W maximum water coverage. Trim around planters. Remove and _ dispose of all cuttings. :low to the following height: Bermuda 1/2" to 1" .Bluegfass 1-3/4" to 2 2. Irrigate as necessary to maintain proper growth rate and optimum appearance (see Section 3.E., Irrigation). 3. Maintain lawn areas in a weedfree condition. a. A preemergent crabgrass control shall be applied to all bluegrass turf between February 15 and 1• 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 ' rass• the program for all bluegrass and bermuda grass- areas. i L 0. 4. Aerate once a year between February 1 and March 3i. Aerate all turf by removing 1/2" by 2" cores of sod with an aerator machine at not more than 6" spacing. S. Turf shall be dethatched once a.year between February 1 ' and March 31. This shall be accomplished by ,using a 'flail type" dethatching machine. i 60 Fertilization: i -a. Bluegrass turf shall be fertilized every 30 to 45 days, as needed, at the rate of one pound of actual nitrogen per 1,000 sa_uare feet. A 16-6-8 i1- formula with trace elements is recommended. 2t. 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. w +* 7. A broad spectrum fungicide (such as Actidone RZ) shall be applied to all bluegrass turf at the preventive rate beginning April' 1 each year. Additional appli- R Cations shall be made at the curative rate as necessary throughout the year. Slope Care 1. Ground cover (grass, herbaceous plants) '3'C. Shrub and Ground Cover Care IL `a. Irrigate as required to maintain a reasonable. maintain reasonable size appearance. • b. Fertilization: 1. Iceplant areas shall be fertilized when recommended by the Director of Public Works or his authorized representative with 2. rate of each application to be one pcund -thin out, shape and • ,. .*the Of actual nitrogen per 1,000 scuare feet acing a 16-16-16 formula material. • 2. Grass areas (Alta Fescue, etc.) shall be i' 3. fertilized every 120 days with the rate of pcst3 and diseases as needed. 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 snail.,;, as <. A broad needed. weed d. Maintain slopes weed free. Periodic hand weeding Treflan, over entire area will be required. shrub beds and ground • e. Maintain a maximum allowable height of 24" on • in April and September Slope areas. The seed stems and heads shall be of each year. • removed from the grass (Alta Fescue, etc.) before -25- they go off color each year. f. Trim and edge to maintain sidewalks and curbs free of plant growth. '3'C. Shrub and Ground Cover Care IL 1. Prune to maintain reasonable size and appearance.* 2. Annually -thin out, shape and head back all shrubs. i' 3. Control pcst3 and diseases as needed. , <. A broad spectrum preemergent weed control, such as Treflan, shall Be applied to shrub beds and ground IL Cover beds in April and September of each year. • -25- i 3. Control pests and diseases as needed. J,. ' 1►dditional weed control shall be initiated as j ' necessary to maintain a weedfree condition. I •5. Stake and support trees when necessary. S. Ground cover areas should be fertilized every ninety • ' (90) days with the rate of each application to be one 7. 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 encroaching on sidewalk or other adjacent areas. 7. ,Irrigate as required to maintain adequate growth rate IL and reasonable appearance. S. Annual bedding plant areas shall be programed for IL replacement as directed by the Director of Public IL ' Works or his authorized reoresentative. Replacement plants shall be of a suitable type to provide the maximum amount of color (bloom) during the time they .1 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. ��. Tree Care • 1. Shape, trim and prune to maintain a reasonable appearance.. 2. Annually thin out, shape and head back all trees. i 3. Control pests and diseases as needed. 4. Remove all dead and damaged branches back to point. of j breaking. I •5. Stake and support trees when necessary. 6. Stakes and ties will be placed so no chafing of bark occurs. Remove as soon as no longer needed. 7. All guys and ties shall be checked frequently to ' avoid girdling. 8. Applications of an iron chelate fertilizer shall be used as needed throughout the year, where necessary to maintain healthy,vigorous growth and good foliage IL color. 9. Irrigate as required to maintain adequate growth rate IL appearance. IL .1 -26- A E. Irrigation Svstem 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. ? 2. Inspect and check all benches and equipment for vandalism and safety hazards; make minor repairs and report major damaged to CITY. 3. Maintain concrete areas by hosing off sand and base materials a minimum of once a week. i 4. Immediately remove all broken glass and any sharp objects. L T t. -27- 5. Repair or replacement of equipment damaged as a result of CONTRACTOR'S negligence shall be replaced at the CONTRACTOR'S expense as will the cost for any water loss during this time. 6. Damage not resulting from CONTRACTOR'S negligence will be reported promptly to the CITY, together with an estimate of costs for correction of the condition. 7. All systems to be operationally checked a minimum of j' i 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 daylight hours and no less than bi-monthly, 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 a. 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 damaged to CITY. 3. Maintain concrete areas by hosing off sand and base materials a minimum of once a week. i 4. Immediately remove all broken glass and any sharp objects. L T t. -27- Restrooms 1. As required, restroom facilities will be maintained by CITY.. J General ]. Vegetation shall not overhang a sidewalk at less than 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 %cork 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 Orance County Manual of Warning Signs, Lights and Devices and v.ith all other applicable ordinances a -id 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 cars provided by the CITY will be emptied and washed out after emptying. S. 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 anv 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, r.reemeraent weed control; turf aerificaticn:turf dethatching ; preventive application of turf fungicide; and annual type bedding plant replacements. e. CONTRACTOR is required as part of this Agreement to furnish all materials necessary to accomplish maintenance in accordance with the foregoing specifications except fertilizer, which will be available at Corporation Yard, 32400 Pasco Adelanto, San Juan Capistrano. -28- CONTRACTOR is further required to stock high usage ' items for repair of irrigation systems. CONTMACTOR 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 Exhibit I, H). 9. CONTRACTOR is required to maintain an office in Orange County and provide the office with phone 'service during normal working hours. If a telephone 'answering service is utilized, the answering service shall be capable of contacting CONTRACTOR by radio or pager. CONTRACTOR is further required to provide 3v CITY with an emergency number for contact outside the normal working hours. 10. Whenever herbicides are used, CONTRACTOR shall apply when air currents are still, to prevent herbicide drift onto adjoining property, and to prevent any toxic exposure to persons whether or not they a_�e in or on the grounds. j ,11. CONTRACTOR is also required to provide uniforms and L.. 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 nu..,bers 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 +e or materials detrimental to human health daily. 18. CONTRACTOR shall submit a work schedule identifying the number of persons working in rhe area and the anticipated � hours of work, for each week. I. Extra Work 1. Extra,work will not be performed without prior approval by,CITY unless a condition existp•wherein it appears. -79, • 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 j' such level. L ?t. Statement of Exmerience 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. Spravinc All contractors are required to show verification of a current herbicidal spraying permit issued by the Department of Agriculture. M. City Inspection AJ Contractor or responsible representative may be expected to inspect all locations once each month accompanied by a repre- T sentative 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 and until the situation is rectified. theree-s dancer of in;ury to persons or camace to property. 2. Extra work may be required by the CITY as a result of acts of God, vandalism, theft, civil disturbances or accidents. 3. Extra work may be required by the CITY in order to add new landscaping or to delete or modify existing landscaping. 4. Payment for extra work will be based on actual cost of labor plus wholesale cost of materials plus a percentage of materials. 5. The Director of Public Works, or his authorized representative, is authorized to approve extra work up to 25 percent 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 j' such level. L ?t. Statement of Exmerience 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. Spravinc All contractors are required to show verification of a current herbicidal spraying permit issued by the Department of Agriculture. M. City Inspection AJ Contractor or responsible representative may be expected to inspect all locations once each month accompanied by a repre- T sentative 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 and until the situation is rectified. 3� N. Daily Reporting Contractor shall make daily contact with City Supervisor to determine work level and effort as well as maintenance performance. 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 is to be maintained and kept clean and free of debris and leaves. Area drains are to be checked and cleaned as needed. * * * * * * * * * * -31- CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA SPECIFICATIONS & CONTRACT DOCUMENTS FOR THE MAINTENANCE OF LANDSCAPING IN VARIOUS CITY PARKS AND PARKWAY AREAS AND CITY FACILITIES CITY COUNCIL ANTHONY L. BLAND, MAYOR KENNETH E. FRIESS GARY L. HAUSDORFER LAWRENCE F. BUCHHEIM PHILLIP R. SCHWARTZE S. B. JULIAN CITY MANAGER W. D. MURPHY DIRECTOR OF PUBLIC WORKS JANUARY, 1984 J TABLE OF CONTENTS CONTRACT DOCUMENTS NOTICE INVITING BIDS -----------------------------------i BID PROPOSAL --------------------------------------------3 NON -COLLUSION AFFIDAVIT ---------------------------------11 INSTRUCTION TO BIDDERS ----------------------------------12 AGREEMENT -----------------------------------------------15 BID BOND ------------------------------------------------21 FAITHFUL PERFORMANCE BOND -------------------------------22 LABOR AND MATERIAL BOND ---------------------------------23 r GENERAL PROVISIONS --------------------------------------24 r BID PROPOSAL For the: Maintenance of Landscaping in Various Park Sites and Parkway Areas and City Facilities To the Honorable City -Council City of San Juan Capistrano. Gentlemen: Bid Opening February' 16, 1984 From Konier & Assoc., Inc,, dba LANDSCAPE WEST Contractor The undersigned, as bidder, declares that he has carefully examined the locations (s) of the proposed work as described, examined the specifications and general conditions therefor, read the instruc- tions 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 maintenance in accordance with the specifications for the maintenance of Landscaping in various park sites and parkway areas and City facilities in the time stated herein, or the lump sum given on the following pages of this proposal. In case of discrepancy between unit prices and the extension there- of, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. Itis also understood by Bidder that the City of San Juan Cap- istrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, t'..=n the enclosed check or bid bond shall be returned to the undersigned within thirty (30) days. If the pro- posal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan - Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is Bidder's Bond. (insert •$ 11, 700.00 • cash", "cashier s check" "certified check", or bidder's bond" as the , case may be) in an amount equal to at least ten percent (10.) of the total bid. -3- The following is the name and place of business of the surety company which will furnish the required bonds as surety work is awarded to the undersigned: AMWEST SURETY BONDING L&)) Adams B providing for the Licenced in accordance with an act registration of contractors - License No. 417109 ' Signature of bidder: PRESIDENT E [-TEST (If an individual, so state. If a firm or co -partnership, state f the firm name and give the names of all individual co-partners composing the firm: President, secretary, treasurer 'and manager thereof.) TOM DINLEY, vice President CATHY KONIER, Secty/Treas. Dated: February 14, 19 E4 1518 S. Eastern Avenue, L.A. 90022 Business address (213) 261-2508/(714) 995-1130. Telephone As you are required to,review each location prior to of your bid, please identify any existing/anticipated associated with each project area. -4- the submittal problems . 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). -5- 9. Calle Arroyo, south side of street from Sundance Drive to Via Parra 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; automFktic 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. 1? Ortega Properties Parkways - 2.5 acres Twenty feet from curb around the perimeter and internal roads within the Ortega Properties development. (See attached map.) 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 on the slopes, trail requires weed and erosion control. 15. The west side of Camino Las Ramblas from Avenida Pescador to Kinkerry Lane; automatic irrigation system; groundcover and trees; (191). 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 with shrubs and ground cover in medians; automatic irrigation and weed control. Minimum water truck capacity of 500 gallons is required. TOTAL ANNUAL COST $ 27,600.00 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. Signatur of Bidder 1513 S. Eastern Ave., L.A. 90022 ss (213) 261-2508/(714) 995-1130 Telephone Number 6-a PARRSITES 1. Bonita Park - .6 acres; west side of Via Del Rey, across from Via Lorado; 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 Eucalyptup trees; one Jacaranda; manual controlled Rainbirds. 9. Mini Park - .3 acres located at Yorba and Camino Capistrano; crushed rock groundcover_ 10. Junipero 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. -7- 13. Cook Park (Ortega Properties) 1.5 acres; east side of Calle Arroyo between La Novia and Paseo Tirador adjacent to San Juan Creek; automatic irrigation controls, grass and trees. 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. TOTAL ANNUAL COST $ 72,000.00 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. Signature of Bidder` 1518 S. Eastern Ave., L.A. 90022 Address (213) 761-2508/(714) 995-1130 Telephone number 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. *Will require additional litter control common seating, parking lot, and sidewalk. Cleaning to maintain good public visibility before and after weekends. TOTAL ANNUAL COST $ 3,000.00 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. Signatur46 of Bidder / 1513 S. Eastern Ave. L.A. 90022 Address (213) 201-2503/(714) 995-1130 Telephone Number cm I 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. *Will require additional litter control common seating, parking lot, and sidewalk. Cleaning to maintain good public visibility before and after weekends. r- TOTAL ANNUAL COST $ s i. 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. Signature of Bidder Address Telephone Number 9-a a� w W, { IF !GU G50 PAZY� FEL CAMINO REAL PA Camino Capistrano hRC� 4'A P, L SAN JUAN CAPISTRANO ..CITY OFFIC;S 1 32400 Paseo Adelanto 1 -SAN JUAN HOT SPRINGS DANCE HALL ('32506 Paseo Adelanto i.. d.. i. .r SONITA PARK V a Dei Rey 3 CITY PARKS C}�G �trL J`iZ�con`. EI NorNc/%a mom.-.ya„sa C ppb C�cli'�—. RA PARK . S to Rosalia ,~seg"•�'�`Y' �/C.�....:..mR�alr Mzn33 PA��. Fo Nolrba St. -I >L I FOUR=PA�RKViaD Via Pia ` SAN JUAN ELEMENTARY EI Camino Real and SorinG O ALTO RAPISTRANO _10_ OESCANSO PARK San Juan Creek and Bike T rai NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ss. County of ) BARRY L. KONIER , being first duly sworn deposes and says that he is Presdent of KONIER & ASSOC., INC. dba LANDSCAPE WEST the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or 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. Tom Dinley By Subscribed and sworn to before me this 16th day of February , 19 84. -11- INSTRUCTION TO SIDDERS in:1 nOCumcnitri. IpeciEication documents will be available for examination without charge nd copies r, -,ay be secured in accorc:ance with the "Notice Inviting Bids." nation of S 'ications and Site of Work. WL The bidder is required to examine the site of work, the proposal, and he specifications very carefully. lie shall satisfy himself as to the haracter, quality and quantities of the work to be performed, the material:: to be furnished and the requirements of the Contract Documents. Ijisqualification of Bidders. o person, firm or corporation shall be allowed to make, file or be nterestcd in more than one bid for the same work unless alternate ids are called for.. A person, firm or corporation w'ho has submitted a -sub -proposal to a bidder, or who has quoted prices on materials to i bidder, is not hereby disqualified from submittii,g a bid in his own Teha1f. T'roposals. jBids to receive consideration shall be in accordance with the following 'nstructicns: 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. B. All prices and notations must be in ink or typewritten. No erasures ;:ill be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic propo:;als or modifications will be considered. - IL D. The City may require any bidder to furnish a statement of his cxpericnce, financial rnspon.cibiliLy, technical ability, ' Cquipmcnt and rufcrcnccs properly and fully filled out.. t; E. Each hidkior must accompany his bid c:itli ci.ther a cashier's m chock upon :.omo respon:;.ib.lc b.znk, or a properly ccrtificd 4 Chock upon :;uc:i bank, or an approvvd ck)rr,or.,ltc: sui:cty bond payable to thr City for such a sum of Wit lcs: than ten (10) -12- op I percent of the aggregate sum of the bid, which clicck or bond and tiic Tronics represented thereby shall be held by the City as a guarantcC that the bidder, if awarded the conl.ract, till in good faith enter into such contract and furnish the required bonds. The bi.Jder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents, such check or bond, and the money represented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ten (10) percent of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. 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. �,icensina of Contractor. 1 p^_r;ons, firms, partnerships or corporations shall be licensed in lccordance with the Business and Professions Code of the State of 'alifornia and the applicable ordinances of the City and County before doing any work of any kind. .lithdrawl of Rids. kny bidder may withdrac: his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. Dpcninci of Rid Proposals. The City will, in open session, publicly open, examine, and declare -the bids at tiic time set forth in the. "Notice Inviting Bids." Bidders far their authorized representatives are invited to be present. j1ntcrvi.cr of I:iddcr. s — 1If decmci n0CL'SSary, the three lowest. bidders will be requested to appear for ilaLervit2i> before the Director of Public storks or his authorized " represcntw:i.vc. Awir.l of Conl•rnct- or r.:,icction of rids. ..Ko bid(lor r,,a%• wit.hdrn%: hin bid for a poried of forty-five (45) dap!-, after t110 date ^c•t. fcr1- the: 011011ind of Lids. The contract for the work will eiitll: r h: zw..IL.Corl or th•• Wk'1 r0•iec.t.cd wi.thill "the forty-five (;5) elriys frou: tlir ciito l:ct for 111; ohc11i11.J of f' -13- hhe contract for the wort: will lie at.ardr_d to the lowest rc,-ponsiblc jMder Coto,lying lJith these i.t3::trucC::on:: and with the "Notice Inviting Bids." Thu City, hot•:cvcr, rc--rrves ihc. right to reject any or all bids Ignd to waivu any nonconformity in tllc bids received. The bidder to whom the award is made :hell execute a written Contract �fith the City and furnish the stipulated bonds within ten (10) days ter the notice of: award of contract. The Contract Agreement shall be de in the form adopted by the Citv. The release of the successful idder's :urcty dcpoait, as previously stipulated, shall be made upon he City's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. f the bidder to whom the award is made fails to enter the contract as ierein provided, the a:uard niay be annull.ud and an award may be made to the next lowest rcr-ponsible bidder; and such bidder shall fulfill every Itipulation c! -.-,braced horain, as if he were the party to whom the first ward was made. A corporation to which an acrard is made shall furnish evidence of its corporate e::istcnce and evidence that the officer signing .he contract and bonds for the corporation is duly authorized to do so. rands. ,The successful bidder, simultancously_with the execution of the Agreement, +sill be required to furnish a Labor and I.latcrials Bond in a sum not legis I'than one hundred percent (1007:) of the total a:aount payable by the terms of the contract and a Faithful rerfor:nancc. Bond in a. sum not less tlldia one hundred percent (1000 of the amount of th-.cortract. Said bonds shall be secured frons a surety company satisfactory to the City. 'Surety Companies, to be acceptable to the City, must be authorized to do bus.i^_ss in the State of California and be on the accredited list of the United States Treasury. Time of Performance. The worl: shall be commenced within 'date of execution of the contract A period of tl;•clve (12) montlis. Assi.ctnmcat of Contract. fiftcan (15) calendar days front the and shall be diligently prosecuted for No an__i9nment by the Contractor of any contract to be entered .nto her Mlndcr or any part thereof, or of fund:; to be received thereunder by il:c Cont r. ;:c tor, will be recognized by the awarding authority and the "surt•ty har, h.•on gi.vcn notice of such assitjnracnt in writing and has con- santrd thcrrt.a in writing. 11llr:ltiun i:; ;a r�:ifically d.ircct"l to all lirnvisi.otls of tllc Labor C000 Je+f th ::t lc ct. C.11ifeWllia With rk,(i;:rd tet l:ear'::u,_n ,14)e1 vagus. Wades lthc:ll. not be less than prevailing wage rates determined by tha CITY pursuant t said Code and as listed in the "NOTICE INVITING BIDS." -lu- } 3Z400 PAS%OiADKLAt TQJ 1 SAN JIIAK4CAMTRA-NO; CALLFO"m 92.675 \ ''pNdNF_49,3-1171 °a ldt i May 24, 1984 Landscape West 1518 South Eastern Los Angeles, California 90022 Re: Field Inspection/Walk-Through Gentlemen: A field inspection of City parks, parkways and facilities (as designated in your contract with the City) took place today with your Supervisor, Art. While there still are some areas of concern many of the major problem areas have experienced- improvement xperiencedimprovement and with continued effort on your behalf could regain/enhance their appearance. Some areas which still require concentrated work are the thinning and trimming of all the trees; increased rodent control measures and more attention to the irrigation system. These items are not of a critical nature presently but if not taken care of could create major problems. It appears that all the effort and cooperation you've exerted over the past several weeks has done a lot to improve your relationship with the City. The appearance of all the land- scaping has become better and I appreciate your efforts. If you have any other questions or wish further discussion, please feel free to contact me. Very truly yours, CITY OF SAN JU4N CAPISTRANO Jack Galaviz ` Field Supervisor p CSF/rem ,;A 32!x00 PASHOiAD �AM'1'� � SAN JIAKWCA.PTSTRAW01 CAL1FO41A 92675 77 11 � 91 lti_ 9 June 7, 1984 Landscape West 1518 South Eastern Los Angeles, California 90022 Re: Landscaping Maintenance - Parks and Parkways Mowing and Cleanup Gentlemen: This is to advise you that with the present mowing equipment you are using you are not meeting specified lawn heights and cleanup standards. Additionally, the method you've employed to pick up the cuttings from your mowing efforts (Ray -O -Vac Truck) has caused damage to tree roots,.irrigation systems and has a high potential for causing severe 'ruts over the areas it is used. There is also a problem of inadequate cleanup of corner areas and restricted/narrow spaces. Please review the attached copy of specifications regarding the above items. It would be my recommendation that a rotary mower, vacuum type, would provide the service designated by the City. if you have any questions or comments on this issue, please contact me at City Hall. Thank you for your immediate attention to this matter. Very truly yours, CITY OF SANK JOAN UISTRANO ack Galaviz Field Supervisor JG:CSF/rem Attach. ,.5. Turf shall be dethatched once a year between February I and March 31. This shall be accomplished by using a •flail type" dethatching machine. 6: Fertilization: t. Bluegrass turf shall be fertilized every 30 to 45 days, as needed, at the rate of one pound of actual nitrogen per 1,000 square feet. A 16-6-8 • formula with trace elements is recommended. 2�. 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. -21- 'NERAL PROVISIONS J .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. Maw to the following height: Bermuda 1/2" to l" �• Bluegrass 1-3/4" to 2-1/4" 24 •irrigate as necessary to maintain proper growth rate and optimum appearance (see Section 3.E., Irrigation). 3. Maintain lawn areas in a we.ed£ree condition. a. A preemergent 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 once a year between February 1 and March 31. Aerate all turf by removing 1/2" by 2" cores of sod with an aerator machine at not more than 6" spacing. ,.5. Turf shall be dethatched once a year between February I and March 31. This shall be accomplished by using a •flail type" dethatching machine. 6: Fertilization: t. Bluegrass turf shall be fertilized every 30 to 45 days, as needed, at the rate of one pound of actual nitrogen per 1,000 square feet. A 16-6-8 • formula with trace elements is recommended. 2�. 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. -21- 4 400 PASe<'ADEt;ANTQ2 ! SAN JU9W.CAPtSTRAN0; CA1AFd Ri41A 92675 PF+&Nie493:117f' p July 13, 1984 Landscape West 1518 So. Eastern Los Angeles, California 90022 Gentlemen: This is notification that as the Field Supervisor and contract administrator of your contract with the City of San Juan Capistrano for landscape maintenance, I am recommending termination. Since the initiation of your work with the City in April of this year, there has been an expressed continuing concern for the level of maintenance being provided. Not only has your work effort been very poor but in most cases unacceptable to the point where second and even third attempts to perform the tasks were required. Numerous letters regarding this issue have been transmitted to your company with the expressed hope to obtain better'landscaping per- formances. Additionally, weekly/daily contacts with field supervisors concerning the many maintenance problems have failed to generate any positive actions in a timely manner, which as you know in landscaping work is of extreme importance. In fact, and due to the lack of any action after repeated requests to take care of a problem the City has many times done the work ourselves. At our last official walk-through on June 29, 1984, with both myself and Mr. Jones and Art, your City representative, the problems were again reiterated. Since that time little has been done to correct the situation and in fact many maintenance areas have worsened. Quite frankly, I am frustrated and disgusted with the lack of professionalism and general maintenance work being provided by Landscape West. It is apparent to me that unless something major is done soon the City parks, parkways and facilities properties will be so badly destroyed that restoration will be not only costly but time consuming, if it is not already too late. Today, as in the numerous times I've reviewed the conditions of City properties with your people I have again made the following comments. Landscape West -2- July 13, 1984 1) All turf needs broadleaf and fungicide spraying, as well as fertilizing. 2) There is an increasing problem with rodents which needs to be controlled immediately in all areas. 3) Shrubbery should be sprayed for pests and disease. 4) All trees need to be shaped, trimmed and pruned as well as sprayed for disease and pest control. Fertilizing is also necessary. The major problem, although all the above items are extremely important, is the inattention to the irrigation systems. The overall general inoperability of many of the sprinklers all over the City have left much of the adjacent landscaping areas in very poor condition. The lack of monitoring of these systems including replacing and repairing broken and damaged parts is unexcusable. The work schedule submitted has never been followed or adhered to. This is evidenced by the visual appearance of City landscaped property. The City has too much invested in these areas to allow them to continue to deteriorate as they are doing. It appears that the only way to preserve the City's investment is to terminate the contractor not adequately providing the requested service and seek other means of having this work done in a satisfactory manner. Very truly yours, CITY OF SAN JUAN CAPISTRANO Jack Galaviz Field Supervisor and Lead Maintenance Worker JJ:CSF/rem # !i400 PASBO^A4)E4A4TO`,� SAN JL1A1L CAPtSTRANC, CA4AFORN IA 92675 p `� �PNdN�Ei 49lt 1 7 7 f a J July 18, 1984 Landscape West 1518 South Eastern Los Angeles, California 90022 Attention: Barry Konier Tom Dinley Gentlemen: VIA CERTIFIED MAIL On July 13, 1984, the City advised you of our possible termination of contract with your company, Landscape West, Inc. Please be advised that this is an official notification of the intent to terminate. As per our agreement 60 days from this notification the termination will be final. Prior to that time, however, your compliance with the specifications of the contract is imperative. Due to the poor condition of City landscaping being maintained by Landscape West and because of the hot summer season much work is necessary. As performance since the beginning of your contract has been marginal at best, if you are unable to provide the service in a satisfactory manner, please advise us at once so that other arrangements can be made. It is regretful that this association with your firm did not develop as was anticipated. However, to assure adequate maintenance of City property, should it be determined by the City Field Supervisor that the level of service over the next two months at any time is insufficient and detremental to the City's landscaped areas, the work will be performed by others and assessed to your account. Continued cooperation and coordination is very important in assuring a smooth transition of this program. Should any problems develop contact immediately Jack Galaviz and/or John Jones. Thank you for your attention to this matter. Very truly yours, CITY OF SAN JUAN CAPISTRANO W. D. Murphy Director of Public Works WDM:CSF/rem cc: Jones Galaviz 32400 PASH&AA6LANTO:' SAN JU'AfV C:AP-15TRANO, CAUFp RNIA 92675 August 2, 1984 Landscape West 1518 South Eastern Avenue Los Angeles, California 90022 Gentlemen: On July 17th the City advised your company, Landscape West, of its intention to initiate contract termination. At that time you expressed your desire to continue providing services during the 60 days termination period to bring the landscaped areas back to a condition of acceptability prior to your departure. To date very little has changed as the number of personnel and the level of service remains poor and very inadequate. The basic specifications have not and continue to not be met. The quality of the maintenance is as it has been throughout the contract unsatisfactory. The City appreciates your expression of good faith to make good the agreement between us and as such has released a previous month's payment to assist you in this effort. This should not be interpreted to mean, however, that the work was done in the manner specified (as is indicated by past correspondence.) As has been referenced above, a more intense service level both in personnel and work performance is essential over the next six weeks to just keep the landscaped properties in their exist- ing condition. This time of the year is the most critical in overall maintenance and care of vegetation. Please do not over estimate the abilities of your crews and under estimate the maintenance required. If additional problems arise, it is your responsibility to contact the City immediately. This notification is greatly appreciated. Thank you for your attention to this matter. Very truly yours, CITY SAN JUAN CAPISTRANO ;,,John Jones Public Works Superintendent JJ;CSF/rem cc: W. D. Murphy Jack Galaviz /Yp pp p J\ 32400 PAS*0'ADfi4ANT(3 SAN JVAN;,CAPtSTRANO, CALIFORNIA 92675 ��'� 'PF1dN�491�117Y August 8, 1984 Landscape West 1518 South Eastern Avenue Los Angeles, California 90022 Gentlemen: The City of San Juan Capistrano is terminating our contract with Landscape West, effective Monday, August 13, 1984. You were given a fair opportunity to bring the quality of your performance back to a satisfactory level during the 60 day termination period; it is now readily apparent however, that your efforts fall far short of even a minimally acceptable standard. Our repeated attempts to alert you to a developing problem and the continuing degradation of the maintenance areas indicates a total disregard and lack of effort to provide services as specified. You have not, in spite of repeated warnings, performed the specified work in an acceptable manner; the more apparent deficiencies have been in your: (a) irrigation work and routine inspection; (b) spray- ing of herbicide and insecticide; (c) tree care; -(d) turf, shrub and groundcover care; (e) response time and work effort; (f) reporting and daily check -ins; (g) and adherence to your work schedule in personnel and locations. Since your breach of contract will require the City to expend unanticipated funds, monies to cover the costs for work not per- formed; done by City crews and that work which will have to be done to reestablish degradated vegetation, is being withheld by the City. At this time funds will be withheld from your June, July, and August payments. The City may, moreover deem it necessary to alert your bonding company of your breach of contract. As this is the City's final notice to Landscape West regarding the landscape maintenance of City parks, parkways and facilities, please be advised that should you have additional inquiries immediate contact is necessary. Very truly yours, CITY OF SAN JUAN APISTRANO W. D. Murphy Director of Public Works WDM:CSF/rem , i �� SAh Landscape West 1518 South Eastern Avenue Los Angeles, California 90022 September 7, 1984 Attn: Mr. Barry L. Konier, President Subject: Contract Termination - San Juan Capistrano Gentlemen: Submitted herewith is the Statement of Damages due to the City of San Juan Capistrano for your breach of the contract for "Maintenance of Landscaping in Various City Parks and Park- way Areas and City Facilities" in the amount of $26,970.92, which includes your credit for August payment. It is my intention to request the City Council to give authorization to call the Perfor- mance Bonds from Amwest Surety Insurance Company on this project to cover these damages should your payment of the above amount not be received by September 28, 1984. Please be aware that no legal fees have been included in these damage claims. However, legal fees may be included as part of new further action by the City of San Juan Capistrano. With regards to your statements in your letter of September 4, 1984, I wish to inform you that we are in strong disagreement with your positions on payment due and the level of deficiencies upon termination of the contract regarding maintenance of landscaping within the City. The final inspection on August 16 and 17 indicated 29 areas of deficiencies in maintenance of City parks, and 36 unsatisfactory ratings on the maintenance of City parkways. Since your termination, the City has gone to great administrative expenses to obtain new services and respond to these deficiencies. I would like to reiterate that we are not pleased with the efforts of your company on this project as you should be aware by our letters of April 18, May 2 and 29, June 7, July 13, and August 2 and 8, as attached. We are looking forward to your immediate response to this matter. Very truly yours, CITY OF SAN JUAN CAPISTRANO W. I . �� W. D. Murph Director of Public Works WDM -o1 attachments xc: Amwest Surety Insurance Company City Manager City Attorney':. Director of Administrative Services 9�ql/ J / T 'tD0 REPORT ON LANDSCAPE DAMAGES LANDSCAPE WEST 1. Additional charges for replacement services: $10,588.83 - 8,550 - $2,038.83/month $2,038.83/month x 7.58 months - 2. City crew labor - additional inspections: $15.23/hour x 10 hours = 3. City crew labor - irrigation repair $15.23/hour x 36 hours - 4. Contractor repairs Parks $ 3,253.20 Parkways 4,538.00 Facilities 305.00 Sub Total 26% Overhead CITY DAMAGES Credit for Payment of 13 Days in August 13/31 x 8,550 $15,454.33 152.30 548.28 8,096.20 $24,251.11 6,205.29 $30,556.40 3,585.48 AMOUNT DUE $26,970.92 9/6/84 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA SPECIFICATIONS & CONTRACT DOCUMENTS FOR THE MAINTENANCE OF LANDSCAPING IN VARIOUS CITY PARKS AND PARKWAY AREAS AND CITY FACILITIES CITY COUNCIL ANTHONY L. BLAND, MAYOR KENNETH E. FRIESS GARY L. HAUSDORFER LAWRENCE F. BUCHHEINI PHILLIP R. SCHWARTZE S. B. JULIAN CITY MANAGER W. D. MURPHY DIRECTOR OF PUBLIC WORKS JANUARY, 1984 _/ ; - TABLE OF CONTENTS CONTRACT DOCUMENTS NOTICE INVITING BIDS -----------------------------------i BID PROPOSAL --------------------------------------------3 NON -COLLUSION AFFIDAVIT ---------------------------------11 INSTRUCTION TO BIDDERS ----------------------------------12 AGREEMENT -----------------------------------------------15 BIDBOND ------------------------------------------------21 FAITHFUL PERFORMANCE BOND -------------------------------22 LABOR AND MATERIAL BOND ---------------------------------23 GENERAL PROVISIONS --------------------------------------24 7' JL in I N 0 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_ 30 p.m. on the 16th day of February 1984, receive sealed proroposals or bids for the Maintenance of Landscaping in Various City Parks and Parkway Areas AND City Facilities 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 I 11 11 I 71 IL 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 9th day of February 19 84, at the City Od 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 the State of California, c wages, as determined by th Industrial Relations, are shall be made available to NOTIFIED THAT, pursuant to the Labor Code of opies of the prevailing rate of per diem r nt or on file in the office of the City Clerk and any interested party on request. ICITY FACILITIES T i *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. *Will require additional litter control common seating, parking lot, and sidewalk. Cleaning to maintain good public visibility before and after weekends. TOTAL ANNUAL COST $ 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. Signature of Bidder _ Address Telephone Number 9-a INSTRUCTION 'ro niDurlts lccurin:; Documents. specification documents will be available for examination without charge nd conics r:ay be secured in accori:ance with the "Notice Inviting Bids." nation of Specifications of Work. a The bidder is required to examine the site of work, the proposal, and he specificaLions very carefully. Ile shall satisfy himself as to the haracter, quality and quantities of the work to be performed, the material- to be furnished and the requirements of the Contract Documents. !isqualification of Bidders. o person, firm or corporation shall be allowed to make, file or be nterestcd in more than one bid for the same work unless alternate ids 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 i bidder, is not hereby disqualified from submittii,g a bid in his own ucha l f• . ��roposals. Bids to receive consideration shall be in accordance with the following nstructions: - 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. B. All prices and notations must be in ink or typcc:rritten. No erasures ,,ill be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recap i tulat ion 'of the work to be done. Alternate proposals will not be considered excepL- 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 respon-cibiliLy, technical ability, equipment and rc.ercnccs properly and fully fillccl out.. E. L•'ach bidklor mur.t accompany his bid c:•ith ci.ther a cashier's chock upon :.omo respoll.nible b.�n!:, or a properly certified Chrck upon a:uc:li bink, or an approved cornor.ztu s:uroty honcl PAY -11110 to the City for such a sum of not leas Lhan ten (10) -12- percent of the aggregate sum of the bid, which check or bond and the ironics represented thereby shall be held by the City as a guaranLcc that the bidder, if awarded the CouLract, :ill in good faith enter into such contract and furnish the required Lords. The bidder agr.ecs 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 rcprescntcd thereby, shall remain the pro.perty 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 sutn 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. a of Contractor. X11 persons, firms, partnerships or corporations shall be accordance with the Business and Professions Code of the :alifornia and the applicable ordinances of the City and ioing any work of any kind. thdrawl of Bids. licensed in State of County before bidder may withdraw his bid in person or by written request at any prior to the scheduled closing time for receipt- of bids. incl of Aid Provosals. The City rill, in open session, publicly open, examine, and declare the bidi, at the time set forth in the "notice Inviting Bids." Bidders Dr their authorized representatives are invited to be present. ,.Intcrvi.ct: of lliddcr. s �If dacmed norL-7sarv, the three loe,cst bidders will be requested to appear for i1iLe1-vi,2w before tate Director of Public Works or his authorized �represcnt_,�t:i.vu. s: r rwar.l Of Cnnt•ric-t• or rt�ioction of Fids. ._K0 bidtior m-iy wi.thdrnw his bid for a period of forty-five (45) dayr, after tho (11"' ^ct. fOr. thct o110ninR of bids. The contract for the work a:i.11 "nithor 1)� at:.it-Cod or tho biJS ro'iectccl t.•i.Lhin that forty-five (95) days .front 1-110 clat•u SOL for Lh: olicning of bi.i.;. -13- W Rhe contract for the work will be awarded to the lowcst rccponsiblc Lidder complyinq with tilc!sc i.1,:,truct:.on:; and wi'ch talc "Notice Inviting 23icL:." The City, llo::ovcr, rcccrves thc. right to reject any or all bids ,nd to waive any nonconf:or:lity in the bids received. he bidder to whom the award is made _hclfl execute a written Contract 1th the City and furnish the stipulated bonds t•,ithin tcn (10) days f.ter the notice of award of contract. The Contract Agreement shall be made in the form adopted by the City. The release of the successful idder'n :urcty deponit, as previously stipulated, shall be made upon he City's acceptance of the Labor and Materials Bond and the Faithful ,erformancc Bond. Tif the bidder to whom the award is made fails to enter the contract as erein provicled, the a:ard may be annulled and an award may be made to the next lowest rcrponsible bidder; and such bidder shall fulfill every Lard c1::braced herein, as if he %•:ere the p=arty to whorl the first award was made. A corporation to :•:hich an award is made shall furnish evidence of its corporate existence and evidence that the officer signing he contract and bonds for the corporation is duly authorized to do So. 3onds. The successful bidder, simultaneously -with the execution of the Agreemc:lt, will be required to furnish a Labor and Materials Bond in a sum not less than one hundred percent (10u') of the total a:aoullt payable by the terns of the contract and a Faithful retformancc. Bond :in a slim not ;less than one hundred h_rcent (100%) of the .amount of th�.contract. Said bonds shall be secured from a surety company satisfactory to the City. Surcty companies, to be acceptable to the City, ;mist be authorized to do bun.ir_e_s in the State of California and be on the accredited list of the United States Treasury. of Performance. The wort: shall be commenced within fifteen (15) calendar days frons the date of excc>_:tion of the contract and shall be diligently prosecuted for a period of tl:•cive (12) months. si.gnmcnt of Contra( t. No ansignrtcnt by the Contracto37 of any contract to be entered :.nto hercullLlcl' Or 111y part. tllcrcof, or of fund:, to bo received ticrcundor by the Crnitr:rctor, will be recognized by the aw<nrding authority and the "curvty has b.•.n gi.vcn 110ticc of Such assiylutcnt in t:•riti.ng and has cou- santrd thcrrt.a in Writing. 1fc+:.Lru•n 1n.1 t•:n<rr.^. •. ]lllrniiun i:: ::1,�•.:ifir111v dirrcic•.i to all I), -if, of t:he h.1 1: COCl0 _le+f thv :;t1t.c cr' Califnt'nia 1:ith rretat'd tel 1:e±1'::u,n ,t,lel wades. Wayon :;11x11. not be less than prevailing wage rates determined by the CITY pursuant Ysaid Code and as listed in the "NOTICE INVITING BIDS." �4- "CITY COPY" A G R E E M E N T ECEi'iED LANDSCAPE MAINTENANCE FOR SPECIFIED PORTId'NS'aF ,5 !t-� +8q VARIOUS PARKWAY AREAS AND CITY PARKS THIS AGREEMENT is made and entered into this 6th day of March , 1984 between the City of San JuanCapistrano, hereinafter referred to as "CITY" and Landscape West , hereinafter referred to as "CONTRACTOR" for landscape maintenance of specified portions of Various Parkways, Parks, & 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 April 19.84 , and shall remain and continue in effect for a period of twelve (12) months thereafter subject to extension or termination as described in Section 13 or Section 14. 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 per- form the landscape maintenance in the manner specified herein for the following consideration: SPECIFIED AREAS IN VARIOUS PARKWAY AREAS, CITY PARKS, AND CITY FACILITIES TOTAL MONTHLY COSTS $ 8,550.00 TOTAL ANNUAL COSTS $102,600.00 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 back-up 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. -15- 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 subcontractor 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 as provided in Section 1815, California Labor Code. The CONTRACTOR and all subcontractors 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 subcontractors as he may employ 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 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 decision 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. -16- 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. The contractor shall maintain a copy of this book on the job site at all times. The provisions of the Standard Specifications shall be modified as indicated below: 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 assur- ance 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: Bodily Injury $ 500,000 Bodily Injury $1,000,000 Bodily Injury $1,000,000 Property Damage $ 500,000 Property Damage $ 500,000 Property Damage $ 500,000 Property Damage $ 500,000 Property Damage $ 500,000 each person each accident aggregate products each accident aggregate operations aggregate protection aggregate products aggregate contractual The CONTRACTOR shall likewise obtain public liability and property damage insurance to cover vehicles used or main- tained 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 com- pensation because of the requirement for greater amounts of insurance, as an element to be considered by the con- tractor in determining his bid. SECTION 9 (Deleted) SECTION 10 (Deleted) SECTION 11. 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 -17- equipment, machines, materials or debris, protected excavations, or other hazards consequential or related to his work; and agrees additionally to accept the sole responsibility 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 representatives. SECTION 12. 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 personal injury (including death) or property damage suffered through the CONTRACTOR's negligence, which liability is not impaired or other- wise affected hereunder, the CONTRACTOR assumes the obligation to save the CITY harmless and to indemnify 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 subcontractor or anyone directly or indirectly employed by or under the supervision of any of them in the prosecution of the operations included in this contract. SECTION 13. 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 successive periods 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 14. 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 sixty (60) days after written notice of intent to terminate which may be given by either party to the other party of the Agreement. SECTION 15. NOTICES: Any written notices to the parties hereto shall be sufficient if they are deposited in the United States mail in envelopes, postage prepaid by registered or certified mail, addressed as follows: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SECTION 16 ASSIGNEMNT: CONTRACTOR may not assign this Agreement without prior consent and approval of CITY. SECTION 17 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 subcontract 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. CITY OF SAN JUAN CAPISTRANO By _ANTHONY L BLAND, MAYOR Dated: March 6, 1984 CONTRACTOR: ATTEST: LANDSCAPE WEST _ By MAR�HANOVER, CITY CLERK - 7L— APPROVED AS TO FORM: - LSI-'' J +IES S. OKAZAKI, C ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 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 executed by the Mayor of the City Council of the City of San Juan Capistrano, California. -19- ' ATTEST: -1 MARY ANN HANOVERCITY CLERK APPROVED AS TO FORM: ' .. ........ JAMES S. OKAZAKI, CITY ''ATTORNEY 'STATE'OF CALIFORNIA COUNTY OF ORANGE • CITY OF SAP: JUAN CAPISTRANO ) MARY ANN HANOVER, City Clerk of the City Of San Juan CERTIFY that the foregoing is a Capistrano, California, DO HEREBY :true and correct copy of the Agreement for Maintenance executedaby scaping in various park sztes; and par3agray a of San Juan Capistrano, the Mayor of the City Council :of the qty California. MARY ANN HANOVi52, CITY CLERK -20- •+% -•. • . GENERAL PROVISIONS W Turfras -to be mowed weekly, or as -needed to ' All ?awn areas are below and borders neatly maintain the height snocified sprinkler heads as needed to provide edged. Trim around Trim around planters. Remove and maximum water coverage. height: :Sow to the dispose of all cuttings. •following Bermuda 1/2" to 1" Bluegrass 1-3/4" to 2-1/4" .� Z, .Irrigate as necessary to maintain proper growth rate Irrigation). and optimum appearance (see Section 3.E., 3.. Maintain lawn areas in a weedfree condition. A preemergent crabgrass control shall be applied a. 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• be a "weed free" turf condition. This shall the program for all bluegrass and bermuda grass j' areas. L 4: Aerate once a year between February 1 and March 31. Aerate all turf by removing 1/2" by 2" cores of sod with an aerator machine at not more than 6" spacing. S. Turf shall be dethatched once a year between February 1 and March 31. This shall be accomplished by •using a 'flail type" dethatching machine. i 6. Fertilization: 'a. Bluegrass turf shall be fertilized every 30 to 4 days, as needed, at the rate of one pound of j actual nitrogen per 1,000 square feet. A 16-6-8 • formula with trace elements is recommended. 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-o-0 formula shall be applied every 60 days February through November. a:, i, Abroad spectrum fungicide (such as Actidone RZ) shall turf at the preventive be applied to all bluegrass rate beginning April' 1 each year. Additional appli- Cations shall be made at the curative rate as necessary throughout the year. 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 :aith the rate of each application to be one pcund Of actual nitrogen per 1,000 square feet using a 16-16-16 formula .-naterial. 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. • Co. Control pests, 'including rodents and snails, as needed. d. Maintain slopes weed free. Periodic hand weeding over entire area will be required. • ee 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 L 1. Prune to maintain reasonable size and appearance. 2. Annually -thin out, shape and head back all shrubs. Control pests and diseases as needed. �. A broad spectrum prccmergcnt weed control, such as Treflan, Miall 5c applied to shrub beds and ground �• Cover beds in April and September of each year. -25- . a,. • Additional weed control shall be initiated as necessary to maintain a weedfree condition. S. round 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 encroaching on sidewalk or other adjacent areas. 7. ,Irrigate as required to maintain adequate growth rate and reasonable appearance. S. Tree Care Annual bedding plant areas shall be programmed for replacement as directed by the Director of Public Works or his authorized remresentative. Replacement plants shall be of a suitable type to provide the maximum amount of color (bloom) during the time they are in the bed areas. Ail of the applicable maintenance programs covered in this section shall apply to these annual bedding plant areas as well. • 1. Shape, trim and prune tb 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. ?. All guys and ties shall be checked frequently to avoid girdling. 8. Applications of an iron chelate fertilizer shall be used as needed throughout the year, where necessary to maintain healthy, vigorous growth and good foliage Color. 9. Irrigate as required to maintain adequate growth rate appearance. 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 System E. Irrigation Sweep, clean and remove debris a minimum of 1. The CONTRACTOR shall maintain the complete sprinkler Inspect and check all benches and equipment system in an operable condition. 2. Repair and adjust all sprinkler heads to maintain report major proper coverage. 3. Adjust water application to compensate for changes Maintain concrete areas by hosing off sand in weather. CONTRACTOR will be responsible for damages ' materials a minimum of once a occurring due to under -watering or over -watering. 4. All replacements to be with original type material glass and any sharp objects. or substitutes approved by the CITY. 5. Repair or replacement of equipment damaged as a result of CONTRACTOR'S negligence shall be replaced at the CONTRACTOR'S expense as will the cost for any water loss during this time. 6. Damage not resulting from CONTRACTOR'S negligence will be reported promptly to the CITY, together with an estimate of costs for 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 daylight hours and no less than bi-monthly, 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 z, 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 damaged to CITY. T' 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. IL -27- 'L !I. Restrooms ! 1. As required, restroom facilities will be maintained by CITY.. J General 1, Vegetation shall not overhang a sidewalk at less than 7 feet in height or a roadway at less than 14 feet in • beight. ' 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 z_id 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, rreemerar_nt weed control; turf aerificatie^;turf dethatching ; preventive application of turf fungicide; and annual type bedding plant replacements. 8. CONTRACTOR is required as part of this Agre^mcnt to furnish all materials necessary to accomplish maintenance in accordance with the foregoing specifications e>:cept fertilizer, which will be available at Corporation Yard, 32400 Pasco Adelanto, San Juan Capistrano. -28- 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. I. Extra tVork . 1. Extra.work will not be performed without prior apprGval by.CITY unless a condition exist$ -wherein it apiears. • CONTRACTOR is further required to stock high usage CONTRACTOR items for repair of irrigation systems. wholesale cost of such materials Will. be reimbursed. the of properly itemized and parts upon presentation t ia is aasrextrarworkr(seeo er Pe y vfurnishednwilln be considered be Exhibit I, H). 9. CONTRACTOR is required to maintain an officein with phone Orange County and provide the office working hours. If a telephone •service during normal is utilized, the answering service 'answering service be capable of contacting CONTRACTOR by radio or shall pager. C0td..1,R.1CTOR is further required to provide for contact outside the CITY with an emergency number normal working hours. 10. Whenever herbicides are used, CONTRACTOR shall apply herbicide when air currents are still, to prevent to prevent any drift onto adjoining property, and whether or not they are toxic exposure to persons in or on the grounds. CONTRACTOR is also required to provide uniforms and name badges for all field personnel. 12. Prune plant materials adjacent to roadway intersections to provide adequa e s_gnt distance for vehicles • bntering 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 cf 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. I. Extra tVork . 1. Extra.work will not be performed without prior apprGval by.CITY unless a condition exist$ -wherein it apiears. _'here is dancer of ---jury to cerscns or damace _o ,roperty. 2. Extra work may be required by the CIT" as a result of acts of God, vandalism, theft, civil disturbances or accidents. 3. Extra work may be required by the CITY in order to add new landscaping or to delete or :codify existing landscaping. 4. Payment for extra work will be based on actual cost of labor plus wholesale cost of materials plus a percentage of materials. 5. The Director of Public Works, or his authorized representative, is authorized to approve extra work up to 25 percent 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 ecuipment, and qualifications of your designated project tanager/supervisor. L. Scrav_inc All contractors are required to show verification of a current 1- herbicidal spraying permit issued by the Department of &, Agriculture. M. City Inspection L Contractor or responsible representative may be expected to inspect all locations once each month accompanied by a repre- sentative from the City. At that time inadequacies/areas-of i 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., and until the situation is rectified. N. Daily Reporting Contractor shall make daily contact with City Supervisor to determine work level and effort as well as maintenance performance. O. 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 is to be maintained and kept clean and free of debris and leaves. Area drains are to be checked and cleaned as needed. * * * * * * * * * * -31- SAP F-1 March '1, 1984 Landscape West 1518 South Eastern Los Angeles, California 90022 Re: Award of Gentlemen: - Landscape Maintenance At their meeting of March 6, 1984, the City Council awarded the contract for Landscape Maintenance of various Parkway Areas and City Parks to your company at $102,600. Enclosed are two copies of the contract. Please sign and date both contracts and return the "City Copy" to this office along with all required bonds and insurance. The contract documents are to be executed by your company within 15 days of this notice. I am enclosing Pages 14 and 17 of the bid documents which cite the City's requirements for bond and insurance amounts. These requirements must be met as stated before the contract is effective. If I can be of any help to you, please do not hesitate to call. Thank you for your cooperation. Very truly yours, MARY ANN OANOVER, CMC City Clerk MAH/mac Enclosures cc: Director of Public Works Midori Gardens California Landscape Maintenance, Inc. Artistic Maintenance, Inc. Green's Gardening The Soto Company Toyo Landscaping Company South Coast Landscape, Inc. —CETiI (HICA-1 t`Ur-`fNV KJrl Alvl,c This certificate is issued as a matter of informationnd confers no rights upon the certificate holder. Th' Ificate does not emend, extend or alter the co.,- Ape afforded by the policies listed below. Notwith Ing any requirement, term, or condition of any d1lWct or other document with respect to which the certificate Is Issued, the insurance afforded by the policies listed on the certificate is subject to all the terms of such policies. NAME AND ADDRESS OF AGENCY Anderson and Ander" Insurance M.Gaers. . 2495 CAMPUS DRIVE IRVINE, CA. 92715 (714) 752-2255 KONIER & ASSOCIATES INC DBA: LANDSCAPE WEST & ROBERTS & ASSOCIATES 1518 SOUTH EASTERN AVENUE LOS ANGELES CALIFORNIA 90022 COMPANIES AFFORDING COVERAGES CoupAN ,Y LRTE A NATIONAL AMERICAN INSURAN COMPA LETTERr LETTER B ADMIRAL INSURANCE COMPANY COMPANY LETTER C REPUBLIC INDEMNITY COMPANY D LETTER COMPANY E ® LETTER j This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. ts of Liability In Thells"ads CDM TEpr TYPE OF INSURANCE POLICY MUMaER ExPI&6V PATE ,,,ETH I AGGREGATE ALL OPERATIONS OF THE NAMED INSURED. IT IS AGREED THAT THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS OPERATIONS OF THE NAMED INSURED SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY CONTRACTS, Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the Issuing com- pany will mail �_ days written notice to the below named certificate holder.by REGISTERED MAIL. NAME AND ADDRESS OF CERTIFICATE MOLDER CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 1017 DATE ISSUED 4-1-84 I S W REDFORD;'VICE PRESIDENT _--------- --------- - eooILrlAJuaY ® COMPREHENSIVE FORM ® PREMRES--OPERATgAS PROPERTY DAMAGE f S ®EXPLOSION AND COLLAPSE ®UNDERGROUND HAZARD HAZARD -T ✓ A® nn PRODUCTS�COMPLETED NTOPEAATUAL HAZARD CONTRACTUAL INSURANCE 1050 139 77 9/25/84 BODILPROPERTY MAGE s 500 f 500 ®BROAD FORM PROPERTY COMMNEO ® DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY ( I N CL PERSONAL INJURY AUTOMOBILE LIABILITY BDaLV INJURY (EACH PERSON) f COMPREHENSIVE FORM BODILY INJURY (EACH OCCURRENCE) f OYMED A PNON HIRED O"ED 1050 139 78 9/25/84 PROPERTYOMAGE BODLY INJURY AND PROIPERtYDMAGE f s 500 M10 COMBINED EXCESS LIABILITY - B ® ❑ UMBRELLA FORM OTHER THAN UMBRELLA (83) UC1 743 9/25/84 BODILY INJURY AND PROPERTY DAMAGE COMBINED f q I 1000 FORM WORKERS' COMPENSATION STATUTORY C and EMPLOYERS' LIABILRY PC9 695 82 9/25/84 f U. DD Q Accident ALL OPERATIONS OF THE NAMED INSURED. IT IS AGREED THAT THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS OPERATIONS OF THE NAMED INSURED SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY CONTRACTS, Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the Issuing com- pany will mail �_ days written notice to the below named certificate holder.by REGISTERED MAIL. NAME AND ADDRESS OF CERTIFICATE MOLDER CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 1017 DATE ISSUED 4-1-84 I S W REDFORD;'VICE PRESIDENT • 0 LANDSCAPE WEST RECE'YED ;Y.R ?7 1 ,� 4+ '8q r March 23, 1984 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Mary Ann Hanover, CMC SUBJECT: Landscape Maintenance Contract Parkway Areas & City Parks Dear Ms. Hanover: Enclosed you will find two executed copies of the following: (1) Landscape Maintenance Agreement between Landscape West and the City of San Juan Capistrano; (2) Labor and Material bond; (3) Certificate of Insurance naming the City of San Juan Capistrano as an additional insured. Should you require any further information, please contact our office. Sincerely, ! C_ Bary L.oK nier �--I�r-esident BLK:srr Enclosures 1518 South Eastern Avenue . Los Angeles, CA 90022 . (213) 261-4434 (213) 261-2508 (714) 995-1130 ECIFICATIONS , 06mFll]ECT TITLE rin�+nn /i nl(n P1L 1 n/��n q,e Ks 1f1 4y11, - c PROJECT ENGINEER G NoI4x NAME EXT PRE BID DATE/TIME —F Q 6 re tk a� 1ri�C�{ ---/ o'• 00 G✓1vo BID OPENING DATE/ TIr� h ((� (� 6 w LtAl(� ENGINEER'S ESTIMATV'Po O 11,h 0,�a0 ��o PURCHASE COST MAIL COST 5 00 NAME ADDRESS PHONE NO. n 7 97�ir/Lx ����d 7 i3_L�q _ _f1�2.. 0 �-- _/ sXXadA�vaai� '"'-`7`�` ot(?DFrt_Ssc,7�y CJa„ ` — —b�13_= li IV CLric� �a�ccGs� �a.,1 w,c � PLANS AND SPECIFICATIONS ;ROJECT TITLE7:� PROJECT ENGINEER PRE BID DATE/TIME I/ n r e. (`12S`r I i �ntf it I Diu yr Gl\lrlu Dnl Ll 11/1�1r. ENGINEER'S ESTIMATE C� - GOG -1 PURCHASE COST MAIL COST NAME ADDRESS PHONE NO. g� A aC�Ze - -P IS c �a 3 3— - ' c, &Kz-�aet OVC FS? - 71041 IcyLQ , , , �5 - &Z / �7 ./cdL A"i __~T �o0• doe vlo 79,;2 -/yA� x 9a,3 Jag a �� 1o)co, 9 ab30 TATE OF CALIFORNIA • • GEORGE DEUKMEJIAN, Go.e•rro• DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF LABOR STATISTICS AND RESEARCH _,1 525 GOLDEN GATE AVENUE SAN FRANCISCO'7 r, n. I i f1. ADDRESS REPLY TO: .;:3 1 I C n •• J ` P.D. BOX 609 February 1, ?984 _ SAN FRANCISCO. CA 94101 :Is. Cynthia S. Ferguson Senior Admihistrative Assistant I, AI: 32L4)C Paseo Adelanto San Juan Capistrano, CA 92675 Dear Public Official: As requested, we have enclosed the current prevailing wage determination for Landscape Maintenance Laborer in your area. This determination will be effec- tive until December 31, 1984 or until superseded by the Director. It may be used for your future projects until that time, and there is no need to request new determinations for this type of work until then. However, for other classifications, we will continue to issue special deter- minations on a project by project basis. Please request special prevailing wage determinations 30-45 days prior to the date you wish to begin advertising forbids. Include in your request the pro- ject name or bid number, the classifications needed, the bid advertisement date and the location of the project(s). I£ we can be of further assistance, please contact the Prevailing Wage Unit at P. 0. Box 603, San Francisco, California 94101, (415)557-0561. Si cerely, an E. Powers ssistant Chief Enc. M) PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 Determination: LM -ORA -83-1 Issue date: November 1, 1983 Craft: Landscape Maintenance Laborer Expiration date of determination: December 31, 1984 or until superseded by a new determination issued by the Director. Contact the Division of Labor Statistics and Research for the new rates after 10 days from the expiration date, if no subsequent determination is issued. Locality: Orange County Wage rate Basic straight -time Classification hourly rate Landscape Maintenance Laborera $4.00 aApplies only to landscape maintenance, including but not limited to mowing, watering, pruning, trimming, weeding, spraying, occasional planting and replacement of plants, servicing of irrigation and sprinkler systems, repairing of equipment used in such landscape maintenance, and performing janitorial work incidental to such landscape maintenance. This does not apply to the work of a landscape laborer employed on landscape construction (work incidental to construction or post -construction maintenance during the plant installation and establishment period). Employer payments: (Labor Code Section 1773.1) Vacation: One week after one year of service or 80 per hour; two weeks after two years or 150 per hour. Overtime: Pursuant to Section 1815 of the Labor Code, "work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compen— sation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay." 2400 P�iROy/W �AMTi� i SAN JUWt1}�'P-"TRAi"O,CAL.1F0WN1A 92675 0. • \FICYN� 4 A331 1J' . i J January 27, 1984 Department of Industrial Relations Division of Labor Statistics & Research P.O. Box 603 San Francisco, CA 94104 Attention: Prevailing Wage Unit To Whom It May Concern: The City of San Juan Capistrano is presently soliciting contractual services for landscape maintenance. The districts involved in this project contain established grounds requiring the maintaining of existing landscaping. in an effort to comply with State requirements, the City would request written verification of the current State determined prevailing wage for a person providing this type of service; Landscape Maintenance Laborer. Attached is a copy of the bid document utilized. Bid opening is to take place in March 1984, and the anticipated date of contractual performance is April 1984. Thank you for your attention to this matter. Very truly yours, CITY OF SAN JUAN CAPISTRANO Cynthia S. Ferguson Senior Administrative Assistant CSF/rem Attach. cc: Records Coordinator 5 I I i r PAY AREAS 0 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, 11 Acacias, five Peppers; water truck for trees, weed control.`.,Also, Del Obispo on school side; 23 Sycamores and eight Pear `ees; 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' Sycamores and ground cov system. Del Obispo, nor Belardes; four Evergreen truck required); weed co; Terraza; 12 Evergreen Pears, 26 �; manually controlled irrigation h\,side from.Terraza easterly to p4r trees, 13 Sycamores (water b) Del Obispo Street, north to Camino Capistrano; 30 Syc weed control. from Trabuco Creek bridge (water truck required), c) Del Obispo Street, traffic island between Camino Capi- strano and railroad; 14 Sycamores and ground cover (manually controlled irrigation system). 6. Camino Capistrano, freeway side froi* San Juan Creek Road southerly 1,500';120 Liquid Ambers (%Xater truck required); weed control. San Juan Creek Road between Camino Capi trano and freeway overcrossing; 14 Sycamores (water truckequired); weed control. 7. Easterly side of San Juan Creek Road betwe Camino Santo !� Domingo and northerly end of improvements; fight Evergreen Pears, 20 Sycamores (water truck required); eed control. 8; Cristal at Ortega highway; 20 Sycamores. Ortega Highway at Cristal; 43 trees and ground ver (automatic controlled irrigation system). Q Sr t N 2.w c T '� 9. Calle A oyo, south side of street from Sundance Drive to Via Parr and from Via Cordova to Avenida Siega; 60 Eucaly tus, 92 Liquid Ambers/Sycamores, ground cover; automatic rigation system. Calle Arroyo, north side of street starting 100 feet east of Via Cord ov and extending to the end of Tract 5126 boundary; 35 S amores, 1 maple, 3 Blooming Pears, 47 Eucalyptus; tomatic irrigation. 10. Avenida Siega, no theast side from Calle Arroyo to Ortega; equestrian trail, 4 Eucalyptus, 15 Liquid Ambers; automatic irrigation system. Ortega Highway, south ast side from Siega to end of Tract 9204 boundary; grass, Elms, 5 Sycamores, 6 Eucalyptus and 1 Pepper; automatic irrigation system. 11. a) Camino Capistrano, no th side from Avenida Padre to Golondrina; 23 Sycamores, Ficus, automatic irrigation r system; weed control; shru and groundcover. b) Camino Capistrano, traff c.island between Del Obispo and Golondrina; 18 Sycamores, shr s and ground cover; automatic irrigation system; weed contro . c) Del Obispo Street, traffic land from Camino Capistrano to 220' easterly; 12 Sycamores, hrubs and ground cover; automatic irrigation system; weed control. 12. The northeast corner of Del Obispo nd Camino Capistrano, extending 200' easterly from the co er; 12 California Sycamores, shrubs and lilies; automa is irrigation system. 13. Ortega Properties Parkways - 2.5 acre Twenty feet from curb around the perimeter and internal roads within the y Ortega Properties development. (See at ached map.) 17 Automatic irrigation controls; grass, tr es, and shrubs. 14. Desilting basins and fitness trail -12.5 cres on east side of Camino Las Ramblas from Acu Park south Kinkerry Lane; automatic sprinkler system; basins require aintenance of groundcover on the slopes, trail requires we d and erosion j control. 15. The west side of Camino Las Ramblas from Aveni a Pescador to Kinkerry Lane; automatic irrigation system; roundcover and trees; (191). d a WE ■ r 0 0 16. Southwest',corner of Alipaz Street and Del Obispo Street - 2,800 squa e feet; 15 Sycamores, shrubs, ground cover with manual irri ation - weed control. 17. Ortega Highwaand Sundance Drive (Sunhollow Tract); 6,720 square feet o equestrian trail; 3,350 square feet of shrubs and grod cover; 1,560 square feet of grass and 27 trees with a tomatic irrigation - weed control. 18. Rancho Viejo Road 1.07 acres of trees and grass with shrubs and ground p\over in medians; automatic irrigation and weed control. 6-a IN SAN OF AND F � ^�I 1.4.\ • 214 (0 pof 0Oi 4D �A78r i�? i RfSTRdFlf9; C'A, tilk'O fiv l/1 92875 January 20, 1984 ADDENDUM NO. 1 IONS FOR THE MAINTENANCE U PING IN VARIOUS CITY PARKS A �y — Y AREAS AND CITY FACILITIES 1. The Rancho Viejo Road arkway may not require maintenance until after the April c ntract starts. Please indicate what the estimate to do is work alone would be and submit it with your bid. Estimate Amount $ 9 0 Minimum water truck capacity of 500 gallons is required. TOTAL ANNUAL COST $ Furth, the undersigned bidder certifies that he has thorou hly checked the figures set forth in this proposal, that th*y are correct to the best of his knowledge and that the%constitute his proposal for the work called out herei . -7- a Signature of Bidder Address Telephone Number i 11 t PARKSITES V 1. Bonita P rk - 6 acres; west side of Via Del Rey, across from Via orado; automatic irrigation controls, grass playground equipment and trees. 2. Four Oaks Pa k - 2.54 acres; east side of Via Madonna between Calle Santa Ynez and Via Del Cerro; automatic irrigation, gr ss and trees. 3. Rio Oso Park - adjacent to Oso shrubbery. 4. Arce Park - .2 ac and Alipaz Street; shrubs. acres; west side of Avenida De La Vista d; automatic irrigation, grass and northwest corner of Del Obispo Street matic irrigation, grass, trees and C 6. Mission Bell Park - 2.8 north of Calle Jardin; 30 sprinkler system. 7. Descanso Park - 1.0 acres at San Juan Creeks; automatic irr maintain restrooms.) 8. C. Russell Cook Park - Calle Ar of grass; row of 20 mature Eucal manual controlled Rainbirds. 9. Mini Park - .3 acres located at crushed rock groundcover. west side of Alipaz Street, and grass; automatic e confluence of Trabuco and tion controls (City will and Del Campo; 1.5 acres trees; one Jacaranda; and Camino Capistrano; 10. Junipero Serra - 3.75 acres located at alle Santa Rosalia and Calle Bonita; automatic irrigation. 11. E1 Camino Real Park - 4.5 acres located Camino Capistrano from La Zanja to Calle Chueca; automatic i rigation (City will maintain restrooms.) 12. Cook Park (Ball Diamonds) - 9 acres; east s dof Calle a Arroyo between Vj Solana Via Entradero and Via Solana acent to San Juan Creek; automatic irrigation controls, grass, two baseball diamonds, parking lots and trees. a a 5. Arroyo Park - 3.6 acresX bordered by Via Parra on the east, Sundance Road on the westautomatic irrigation, grass, trees, shrubs and euestri n trail. c C 6. Mission Bell Park - 2.8 north of Calle Jardin; 30 sprinkler system. 7. Descanso Park - 1.0 acres at San Juan Creeks; automatic irr maintain restrooms.) 8. C. Russell Cook Park - Calle Ar of grass; row of 20 mature Eucal manual controlled Rainbirds. 9. Mini Park - .3 acres located at crushed rock groundcover. west side of Alipaz Street, and grass; automatic e confluence of Trabuco and tion controls (City will and Del Campo; 1.5 acres trees; one Jacaranda; and Camino Capistrano; 10. Junipero Serra - 3.75 acres located at alle Santa Rosalia and Calle Bonita; automatic irrigation. 11. E1 Camino Real Park - 4.5 acres located Camino Capistrano from La Zanja to Calle Chueca; automatic i rigation (City will maintain restrooms.) 12. Cook Park (Ball Diamonds) - 9 acres; east s dof Calle a Arroyo between Vj Solana Via Entradero and Via Solana acent to San Juan Creek; automatic irrigation controls, grass, two baseball diamonds, parking lots and trees. a a \ KNu.-m Lta4 �/ 13. Cook Parky(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 and trees. \\ 14. Acu Park - 4.`I acres; located at Camino Las Ramblas and Avenida Pescador; automatic irrigation controls, grass and trees. Minimum water trucl capacity of 500 gallons is required. TOTAL ANNUAL COST $ Further, the undersigne\hiknowledge dder certifies that he has thoroughly checked the figures setth in this proposal, that they are correct to the best of and that they constitute his proposal for the woalled out herein. a a A- A ME a R r j E I I I I I I I 11 i. CI:V FACILITIES *Multi-Modalat complex, all y groundcover, sidewalks, cont manual irrigat *Old Fire Stati terminus of Verdugo Street including Verdugo ay and part of Camino Capistrano - trees, rfgrass, shrub beds, parking lot medians, on seating areas, parking lot; automatic and on. Matanza; trees, and parking lot; Facility, corner of E1 Horno Street and La hrubs and groundcover, turfgrass, walkway ianual irrigation. *Library - northwest corner of E1 Camino Real and Acjachema Street7 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. \\ *Will require addi ional litter control common seating, parking lot, and — ewalk. Cleaning to maintain good public visibility band after weekends. TOTAL ANNUAL COST $ Further, the undersigned bidder c rtifies that he has thoroughly checked the figures set forth in t is proposal, that they are correct to the best of his knowledu and that they constitute his proposal for the work called oherein. 9-a Te ss W