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1982-0406_TOYO LANDSCAPING CO_Specs & Contract • 11GEMENT - Tract 7673 CITY COPY LAID CAPE MAINTENANCE FOR SPECIFIED PORTIONS OF • TRACTS 7673 , 8485 , 9382 , .9284, 9373 and .7654 TH S AGREEMENT is made and entered into this 6th day of April 19 82 , between the City of San Juan Capistrano, hereinafter referred to as "CITY" and Toyo Landscan; nn Com , hereinafter referred to as "CONTRr1CTOR' or andscaoe r intenance of specified portions of Tracts 7673 , 8485 , 9382, 9284, 9373 anj 7654. The implementing authority for the CITY Shall be the Department of Public Works. W I T N E S S E T H: SETION 1. TERM. This Agreement shall commence on the 6th day of April 19 82 , and shall remain and continue 'n efeffect f r a period of twelve (12) months thereafter subject to extension o termination as described in Section 13 or Section . 14. SECTION 2. MAINTENANCE: Maintenance shall include but not be limited to lopes , parxways 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 TRACTS 7673 , 8485 , 9382 , 9284, 9373 and 7654 TOTAL MONTHLY COSTS $ 437 . 00 TOTAL ANNUAL COSTS $ 5, 244 .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 Writinq and shall be identified .as addendums to this agreement. The affectcl areas will be classified, measured, and priced in accordance ith the unit costs specified above. -12- !i G REE M r N T - Tract 8485 ' , =,ANDS APE MAINTENANCE FOR SPECIFIED PORTIONS OF RACTS 7673 , 8485 , 9382 , 9284, 9373 `an�c 7654 THI AGREEMENT is made and entered into this 6th day of April , 19 82 , between the City of San Juan aFistrano, ereinaiter referred to as "CITY" and Toyo L ompany - hereinafter referred to as "CONTRACTOR ' or andscape ma ntenance of snecified portions of Tracts 7673 , 8485 , 9382, 9284, 9373 and 7654. The implementing authority for the CITY shall be the Department of Public Works. r N I T N E S S E T H- SE ION 1. TERM. This Agreement shall commence on the 6th day of April 1982_, and shall remain and continue In—effect fa a period or twelve (12) months thereafter subject to extension or termination as described in Section 13 or Sectior. . 14. SECTION 2. 1AINTENANCE: Maintenance shall include but not be limited to slopes, parrways and other specified areas in above,. r -referenced racts_ CONTRACTOR may be required to perform extra work as dee ed necessary by the Director of Public Worcs. SE ION 3. MEASUREMENT AND PAYMENT: CONTRACTOR shall Agree to pr vide all necessary iancr, macrinery, tools , ecuip:aent and all oth r utility and transportation services required to per- form the la. dscape maintenance in the manner specified herein for the followi g consideration: SP CIFIED AREAS IN TRACTS 7673, 8485 , 9382 , 9284, 9373 - and 7654 '1OTAL MONTHLY COSTS $ 437.00 TOTAL ANNUAL COSTS $ 5 ,244 . 00 P ent for any extra, work directed by CITY shall be the Setual Cos of labor plus wholesale cost of material plus 20 percent, H nthly payments to CONTRACTOR will be made on the regular day for pa mcnt of City bills by the City Treasurer. CONTRACTOR shall subm It detailed invoices with back-un vouchers for all Charges of er than monthly costs for item above. A the sole discretion of the Director of Public Works , :additions r deletion, may be made to this agreement which may ' result in n increase or dFcrcase in the areas and acreage to be maintai cd. Such changes will be submitted to CONTRACTOR in Writino ant nihil hr identified a- addenciuma to this agreement. The affect d areas will be classified, measured , and priced in OCCordance witn the unit costs specified above. � i -12a- A G Rq E M E N T = Tract 93820 LANDS AVE MAINTENANCE FOR SPECIFIED PORTIONS OF -• . FACTS 76731 8485 , 9332 , .9284, 9373 and 1654 THI AGREEMENT is made and entered into this 6th day of April , 19 82 , between the City of San Juan caapistrano, ereinafter referred to as "CITY" and TOyO Landscaping Company , hereinafter referred to as "CONT.RACTOR for andscane ma nzenance of specified portions of Tracts 7673 , 8485 , 9382, 9284, 9373 �n 7654. The . implementing authority for the CITY thall be the Department of Public Works. W I T N E S S E T H: ' SE ION 1. TERM. This Agreement shall commence on the 6thday of April 19-., and shall remain and continue In effect f ra period of twelve (12) months thereafter subject to extension o termination as described in Section 13 or Section 14. SECTION 2. MAINTEN.'-NCE: Maintenance shall include but not be limited to lopes , parkways and other specified areas in above referenced racts. CONTRACTOR may be required to perform extra Work as dee ed necessary by the Director of Public Works. SE ION 3. ME.AISURFt?E17T AND PAYME*?T: CONTRACTOR shall •agree to pr vide all necessary labor, 'macninery, too-IS, ecuirment and all oth r utility and transportation ser.rices required to per- form the la dscape maintenance in the manner specified herein for the followi g consideration: SP CIFIED AREAS IN TRACTS 7673, 8485, 9382 , 9284, 9373 and 7654 • TOTAL MONTHLY COSTS $ 786 . 00 :TOTAL ANNUAL COSTS $ 9, 432, 00 Pa ent for any extra work directed by CITY shall be the ftCtual cos Of labor plus wholesale cost of material plus 20 percent. H nthly payments to CONTRACTOR will be made on the regular day for pa mcnt of City bills by the City Treasurer. CONTRACTOR &hall subm t detailed invoices with back-up vouchers for all Charges of cr than monthly costs for item above. " A the sole discretion of the birector of Public works , additions r deletions may be made to this agreement which may result in n increase or decrease in the areas and acreage to _< ba maintai ed. Such changcs will be submitted to CONTRACTOR in Nritinq .ino e.hill ho identified an addendum= to this agreement. She atfect d areas will be classified, measured, and priced in accordance wilts the unit costs specified above. -12b- J► GEMENT - Tract 9284 IS&DSOAPE MAINTENANCE FOR SPECIFIED PORTIONS OF RACTS 76731 8485 , 9382 , 9284, 9373 and 7654 Apri1THIS AGREEMENT is made and entered into this 6th day of 19 82 , between the City of San Juan Capistrano, hereinafter referred to as "CITY" and To Company , hereinafter referred to as "CONTrACTOR" landscape m- intenance of specified portions of Tracts 7673 , 8485 , 9382, 284, 9373 an 7654. The implementing authority for the CITY Shall be th Department of Public Works. W I T N E S S E T H: SE TION 1. TERM. This Agreement shall commence on the 6th day of April 19S2_, and shall remain and continue n effect for a period of twelve (12) months thereafter subject to extension o termination as described in Section 13 or Section . 14. SECTION 2. MAINTENANCE: Maintenance shall include but not be limited to lopes , parxways and other specified areas in above referenced racts. CONTRACTOR may be required to perform extra work as dee ed necessary by the Director of Public Works. SE ION 3. MEASUREME`IT AND PAYMENT: CONTRACTOR shall agree to pr vide all necessary labor, machinery, tools, eeuipment and all jr r utility and transportation services required to per- form the la dscaoe maintenance in the manner specified herein for the followi g consideration: S CIFIED AREAS IN TRACTS 7673, 8485 , 9382 , 9284, 9373 and 7654 TOTAL MONTHLY COSTS $ 489 . 00 " .'TOTAL ANNUAL COSTS $ 5,868 . 00 P yment for any extra work directed by CITY shall be the actual cos of labor plus wholesale cost of material plus 20 percent. M nthly payments to CONTRACTOR will be made on the regular day for pa ment of City bills by the City Treasurer. CONTRACTOR shall subm t detailed invoices with back-up vouchers for all Charges of cr than monthly costs for item above. A the ^,ole discretion of the Director of Public works , additions r deletions may be made to this agreement which may result in n incrcanr_ or decrease in the areas and acreage to be tnaintai cd. Such changes will be submitted to CONTRACTOR in writinq and nha11 hr. identific,d ac addcridumc to this agreement. The affected areas will be classified, measured-, and priced in Accordance with the unit costs specified above, -12c- AGRfrMENT - Tract 9373• LANDSC PE MAINTENANCE FOR SPECIFIED PORTIONS OF TACTS 7673, 8485, 9382, 9284, 9373 and 7654 THI AGREEMENT is made and entered into this 6th day of April , 1982 , between the City of San Juan Capistrano, creinatter referred to as "CITY" and Toyo Landscaping Com an hereinafter referred to as "CONTRACTOR" for andscape na ntenance of specified portions of Tracts 7673 , 8485 , 9382, 9284, 9373 and 7654. The implementing authority for the CITY Shall- the Department of Public Works. V 2 T N E S S E T H: SEC ION 1. TERM. This Agreement shall commence on the 6th day of A ri 1982 and shall remain and continue In effect fo a period or twelve (12) months thereafter subject to extension or termination as described in Section 13 or Section . 14. SECTION 2. LIINTENANCE: Maintenance shall include but not be limited to s ones , parxways and other specified areas in above • -referenced t acts. CONTRACTOR may be required to perform extra ♦fork as deem d necessary by the Director of Public works. - SE ION 3. MEASUTEZMENT AND PAYMENT: CONTRACTOR shall agree to pro 1de all necessary labor, machinery, tools , equipment and all othe utility and transportation services required to per- form the lan scape maintenance in the manner specified herein for the followin consideration: Sp IFIED AREAS IN TRACTS 7673 , 8485 , 9382 , 9284, 9373 and 7654 ''TOTAL MONTHLY COSTS $ 882 .00 TOTAL ANNUAL COSTS $ 10 ,584 . 00 pa ent for any extra work directed by CITY shall be the actual cost of labor plus wholesale cost of material plus 20 percent. - Mo thly payments to CONTRACTOR will be made on the regular day for pay ent of City bills by the. City Treasurer. CONTRACTOR Shall submi detailed invoices with back-up vouchers for all Charges oth r than monthly costs for item above. At the sole discretion of the Director of Public Works , additions o deletions may be made to this agreement which may rCsult in a increnae or dacrease in the areas and acreage to be maintain d. Such changes will be submitted to CONTRACTOR in y Mrltin(t AnO -hall hn identified as addendum= to this agreement. „ The atfecte arcaa will be classified, measured, and priced in t , accordance ith the unit costs specified above. �� -ltd- - A GRI E M E NT - Tract 76540 =ANDS APE MAINTENANCE FOR SPECIFIED PORTIONS OF PACTS 7673 , 8485, 9382 , .9284, 9373 and 7654 THI AGREEMENT is made and entered into this 6th day of April , 19 82 , between the City of San Juan Capistrano, ereinaster referred to as "CITY" and TOMO Landsran Company , hereinafter referred to as "CONTRACTO:' for andscapema ntenance of specified portions of Tracts 7673 , 8485 , 9382, 9284, 9373 and 7654, The .implementing authority for the CITY &hall be the apartment of Public Works. W I T N E S S E T H: ' SEC ION 1. TERM. This Agreement shall commence an the 6th day of ri 1982 , and shall remain and continue effect fo a period of twelve (12) months thereafter subject to extension or termination as described in Section 13 or Section . 14. SECTION 2. LAINTENANCE: 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 dee ed necessary by the Director of Public Works. SE ION 3. MEASUREMENT AND PAYMENT: CONTRACTOR shall agree to pr vide all necessary hoof, :machinery, tools, equipment and all oth r utility and transportation services required to per-- form the la dscape maintenance in the manner specified herein for the followi g consideration: SP CIFIED AREAS IN TRACTS 7673 , 8485., 9382 , 9284, 9373 and 7654 TOTAL MONTHLY COSTS $ 808 .0.0 '%TOTAL ANNUAL COSTS $ 9 , 696 . 00 Pa ent for any extra work directed by CITY shall be the actual cost of labor plus wholesale cost of material plus 20 percent ,. . Mo thly payments to CONTRACTOR will be made on the regular day for pay ent of City bills by the City Treasurer. CONTRACTOR i. &hall submi detailed invoices with back-up vouchers for all Charges oth r 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 r result in a increase or decrease in the areas and acreage to be maintained. Such changes will be submitted to CONTRACTOR in MritinT and r.hail he identified as addendum-s to this agreement. - The affect d areas will be classified, measured , and priced in accordance with the unit costs specified above. SECTION 4 . Gr.1 :RAT, PROVISTONS: Gencrallrovisions for the wk -to be perfor ed arc contained herein and are made a part of this jrcet:tcnt by reit cncc. SECTION 5. E011IPMEMT_ LAnOR AND PREV,ATLINC,, WAGES: • ' WTPACTO; s11a11 15C and iuinish at his own c-Pensu all labor ar_d equip- ent nece:.sary fo the satisfactory performance of the wort: set forth v this. contract. Eight h urs constitutes a legal' day' s work. The time worked by ach %•torkman ctrpl }•cd in the execution of: the agreement. by CMTRACTOR or iy subcontractor under hir,1 is limited and restricted to eight hours in y one calendar lay and 40 hours in any one calendar %reek. Work per- crnicl in excess f eight- liours per clay shall be permittcd upon compen- ation at not les than one and one half time, the basic rate of pay as • :ovidcd in Sccti n 1815, California Labor Code. THE CON Y,e1CTOR and all subcontractors shall keep accurate :cords shorting t e nam_ and hours worked each calendar day and calendar eek by each work -,tan in accordance with Section 1812, California Labor .In the performance of the terms of the Agreement, CONTRACTOR grees that he will not engage in nor permit such subcontractors as he 2y• cmploy. Prem ngacing in discrimination in employment of persons vecause of race, color, national origin, ancestry, or religion. Pursua t to Section 1771 of the Labor Code, CO:.TRACTOR is _equired to pay he general prevailing rate of per diem %•:ages for each laborer or wori:m, n performing any work under this contract. SECTIO. G. CONTROL Or WORK: The Director of Publid Works, Or his authorize representatives, shall decide all questions %•:hic:i tnsv -rise as to the anner of performance and rate of progre-s of the work; 11 questions as to the acceptable fulfillment of the contract on the part of the CO::'f^..;CTO .; all questions as to the interpretation of the Rpecifications ; nd all questions as to compensation. IIis decision hall be final a d he shall. have authority to enforce and make er=ective ouch decisions. "Imn condition of a maintained area is determined by Dircctor t.o be s bstandard due to inadequate or improper maintenance, uontltl} be vithhcld until such condition is rc--olved to the .,atisfacticn of the Director. SECTI N 7 , PF.OSMUTTON OF t•'ORK: The CONTRSCTOTt ::hall bngin mintai.ninct lit: a:capinarri tihiii ill Lcen (15)clay:: after the execution of Lite agr.a.,;;:aat b} the CITY and =hall diligently prouccutc the same unLil ':ho to:xin:ttiotl o tilt acjrcc:tent. SrCTI N R. CONT;AAT r•ONns: Prior to tiro data � , of thi : a.;r,•+ ❑:ct t by CITYck, C; .: of Cx�cufiU.1 Ct.,AC:",ti t nll. cle.lu+::it %uitll the CITY a :u:<:Ly to : Ocut a tit%! faithful pOrf:orntancc: (.jr this contract anti a tnaharatc bond tt, ::Ocurr• 1+a1r•"int- of per::on:; perfon:nin.7 labor anal furnish.iuy , Molt.•rial :: in cc•tnt+�rt.ion %r.ith this; contract, each bond s11a11 he in tile mtvunt. c,t nat: 1 :::;; titan p:tc Hundred 1'urea11t (10()';.) of thu ariount. of thi (+ttt rac-L. i The contr ctor shall perform his work in accordance with the Standard _ nerifications for Public Works Construction, 1979 Edition , ereina:ter rererred to as the Stanaara Specifications . ' We contr ctor shall maintain a copy of this book on the job site at a 1 times. The provisions of the Standard Specifica- tions sha 1 be modified as indicated below: Chan a 1: "Section 2-4 - Contract Bonds" The Payment Bond" (Haterial and Labor Bond) shall be in t e amount of 100 percent of contract price. The •Fai hful Performance Bond" shall be held as assurance of g aranteed performance for a period of one year after aece tance of the improvements by the City Council. Chan a 2: "Liability Insurance" The mounts and provisions of insurance are modified to be: So ily Injury $ 500,000 each person a dily Injury $ 1, 000, 000 each accident dily Injury $ 1,000, 000 aggregate products Pro erty Damage $ 500,000 each accident Pro erty Damage $ 500,000 aggregate operations Pro erty Damage $ 500,000 aggregate protection Pro erty Damage $ 500, 000 aggregate products Pro erty Damage $ 500,000 aggregate contractual The contractor shall likewise obtain public liability and pro erty damage insurance to cover vehicles used or main- tai ed by him, whether on or off the premises , with lia ility limits of not less than $500, 000 , for any one per on, and $500, 000, for any one accident, and property dam go of $500, 000 , . The insurance amounts set forth herein are the minimum amounts required by the City. Other age cies with which the contractor may be involved in the ace mplishmcnt of the work may require greater amounts . The City will not recognize any claim `or additional cpm- pen anon because of the requirement for greater amounts . .of insurance, as an element to be considered by the con- tra Lor in determining his bid. SECTION 9 - Deleted II SECTION 10 - Deleted SEC ION 11. SAFETY: CONTP_.CTOR agrees to perform all work ' outlined in t1 is contract in such manner as to meet all accepted stan- dards for saf: practices during operations and to maintain safe conditions of premises a d ways at all times, including safely stored equipr,:ent, .aachines, mat rials or debris, protected excavations,' or ocher hazards consequenL-ial or related to his work; and agrees additionally to accept the sole resp nsibility for- -complying with all applicable local, County, . State or othe legal requirements including but hot limited to full compliance c:i h the intents and terms of the applicable OSIIA and Cal; OSHA safety o ders at all times, so as to protect all persons, including COPITP.'.Cr.O3 em lnyees, agents of CITY, vendors, members of the public or others fro foreseeable injury, or damage to their property. Cri es, thefts, vandalisns, hazards, etc. shall be initially reported by p one followed by confirmation in writing to the Director of Public Wor ;s or his representatives. SEC ION 12. INDEMNITY PROVISION: The CONTRACTOR shall be ' responsible f om the time of the beginning of operations, for all injury or dam ge of any kind resulting from said operations to persons or property r gardless of c:•ho may be the owner of the property. In ' addition to tic liability imposed upon the COPJT?'P_CTOR on account of personal 11,11, -y (i11Clucling death) or property dai:age suffered through the C0:1T1tA' C'l'O :' S negligence, which liability is not impaired or other- , wise affected hereunder. , the CCUTRACTOR assurics the obligation to save the CITY hirm c^s and to indemnify the CITY from every expcnse, liaL•:_lity or payment arising out. of or through injury (including death) to any person or persons or damage to t property (regardless of who may be the owner of t c � oY;;rty) of any place in which work is locaicd, arising out of or suffered through any act or omission of the CON'21ZACTOR or ' any subcoia racLor or anyone directly or inclirectly employed by or unclor ncr of any of them in the prosocuti.on of the operations includcd in -his 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 recuest that the duration of this contract be extended for successive OR of twelve months. CONTRACTOR shall submit his request in wr t=ng to the Director of Public works at least 30 calen- dar days Ar1D to the date -on which the contract or an extension thereof would otherwise have terminated. In no event shall the total term of this ontract, including all extensions , exceed 36 months. SEC ION 14. CONTRACT TERMINATION: Any other provisions berein to the contrary notwithstanding, and in addition to other methods of to mination 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 whi h may be given by either party to the other party of the Agreement. SE ION 15. NOTICES: Any written notices to the parties hereto shall be sufficient ii they are deposited in the United States mail in enve opes , postage prepaid by registered or certified mail, addressed as follows: CI OF SAN JUAN CAPISTRANO 32 00 Paseo Adelanto S Juan Capistrano, CA 92675 • SE TION 16. ASSIGNMENT: CONTRACTOR may not assign this Jlgreement wi hout prior consent and approval of CITY. SE TION 17. LICENSING REQUIP.EMENTS : CONTRACTOR is required to Possess either a valid C-27 Landscape Maintenance License Or a valid C ass A Contractor' s License. In addition , CONTRACTOR must possess a Pe t Control Advisor' s License and a Pest Control Operator ' s License or m st subcontract pest controi 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 writte . • CITY OF SAN JUAN�CAPISTRANO • � sy_ Gs . Cs%�� . PHIL P R. SCHKARTZE, M1 YOR Dated: L y CONTRACTOR •TOYO LANDSCAPING COMPANY • gym X16- • j , RECEIVED ANA 1 3�PM 'Q2 CITY OF �o SAN JUAN C Apt5 TR n'Y1 ATTEST: VA - MARY ANN HAR, CITY CLERK . APPROVED AS TO FORA: ?i�a1ES S. OKAZAKI. C ATTORNEY STATE 'OF CALIFORNIA COUNTY OF ORANGE 'eCITY OF SAN JUAN CAPISTR.ANO ) 3, 14ARY 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 Maintenancea nd executed by reaping in Tracts 7673,8435,9382,9284.9373 and 7654 the Mayor of the City Council of the City of San Juan Capistrano, California. ` '.MARY AN ANOVER, CITY CLERK %47- W ' • ) em ium Included nd No. AC00 6420 Premium Includled in charge for Performance Bond LABOR AND MATERIAL BOND KNOW ALL MEN BY TIIESE PRESENTS: That ' WHEREAS, the City of San Juan Capistrano, a municipal oorporati n of Orange County, California , iias awarded to TOYO ' LANDSCAPING COMPANY License No. , ereinaft r designated as "Principal, " a contract for Landscape maintenance of s eeifie ortions ; and ' and 7654 . WHEREAS, said Principal is required to_ furnish a bond in oonnectio with the said contract providing that if said Principal , or any of his or its sub-contractors , shall fail to pay for any ' materials, provisions , provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, r for any work or labor done thereon of any kind, the ' surety or this bond will pay the same. NOW, TIIEREFORE, • weTOYO LANDSCAPING COMPANY , ' Principal , anti ALLIED FIDELITY INSURANCE CO. , as surety are held firmly bouud unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of FORTY SIX THOUSAND SIXTY EIGHT ' AND NO11 0 DOLLARS ($46,068.00 ) , lawful money of the United States of America, for payment of which sum well and truly to be made %,a bind ourselves , our heirs , executors , administrators and suet ssors , jointly and severally, firmly by these presents . 1 Till; CONDITION OF TRIS OBLIGATION is such that, if said Principa , his or its heirs , executors, administrators , successors or assig s , or sub-contractors , shall fail to pay for any materials , provisions , provender, or teams , or other supplies or equipment used in, upon, for or about the performance of the work contracted ' to be don c , or for any work or labor dcne thereon of any kind , or for amou is due under the Unemployment Insurance Act with respect to such pork or labor as required by the provisions of Title 1 , ' Division S , Cli::pter 3 of the Government Code of California as amended, that tho surety will pay for the same in an amount not exceedin, the sum specified in this. bond and also in case suit is brought iron the bond , a reasonable attorney' s fee to be fixed by the c urt . This bond shall inure to the benefit of any and all pars ns , companies and corporations entitled to file claims under sa d act, so as to T;ive a right of action to them or tt.ci: ' assigns n any suit brought upon this bond . FUHTITT:R, the said surety, for value received, hereby ' stipulat .s and agrees that no chanKc , extension of time , altera- tion or modification of the contract documents or of the worle to bo perfo -med thc•raunder shall in any way affect its obligation on this; bon i and i L doer; Icereby waive notice of ally such ch:singe , ex- tons J 01) x- tonsion f time, alteration or modification of the contract documents Or of wo It to be performed thereunder. ' -20- . RECEIVE© CITY OF SAN JUAN CAPISTRANO ALLIED FIDELITY INSURANCE CO. A c N° 006420 6320 North Rucker Road • Indianapolis, Indiana 46220 POWER OF,,, KNOW ALL MEN BY THESE PRESENTS:That this Pobvk UAttorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE�T AUTI?IORIT qyp THE LIABILITY OF THE COMPANY, HEREIN. t. Ski 11,44. �1111i1 THE AUTHORITY OF-THE ATTORNEY-IN•FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED * * * FOUR HUNDRED TH;?US f4Q DOLLARS USE OF MORE THAN ONE'"WER VOIDS THE BOND o ALLIED FIDELITY INSURANCE CO.,an Indiana corporation,havingi�ts principal office in the City of Indianapolis,State b > of Indiana, does hereby make, constitute and appoint: Johnny M. WatSOin tl Z m O in the City of rla elm , County of_ I'aDge , State of a 1 its true and lawful attorney-in-fact,at Anaelm in the State of aM sC' to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, and undertakings in behalf of court fiduciaries, who under the jurisdiction of a court, administer property held in trust; public official bonds; license and permit ,d C bonds; tax, lien,and miscellaneous bonds;required by Federal,State,County, Municipal Authority,or other obligees, provided h that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum b shown above. Z THIS POWER VOID IF ALTERED OR ERASED y x This power not valid unless used before December 31, 1985 The acknowledgment and execution of any such document by the said Attorney-In-Fact shall be as binding upon the Com- p toto pany as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following By-Law 9 tyrl adopted by the Board of Directors of Allied Fidelity Insurance Co.at a meeting duly called and held on the 5th day of September, Z 1969. l7� "Article V,Section 12,The President shall have power and authority to appoint,or delegate to other Corporate Officers,the (� appointment of . . Attorneyls)-in-Fact, and authorize them to execute, on behalf of the Company as Surety, bonds and 9 undertakings,recognizances,contracts of indemnity,and other writings obligatory in the nature thereof;and he may at any h%I time in his judgment remove any such appointee(s)and revoke the authority given to them;and with respect to any Certified Z Copy of any Power of Attorney,the signatures of any issuing or attesting officer,and the seal of the Company,may be affix- ed to such Power of Attorney or to any certificate relating thereto,by facsimile;and such facsimile signatures and facsimile n seals shall be valid and binding on the Company, in the future, with respect to any bond, undertaking or instrument of O suretyship, to which it is attached." �3d a IN WITNESS WHEREOF,Allied Fidelity Insurance Co.has caused its official seal to be hereunto affixed and these presents Z to be signed by its duly authorized officers this 25th day of November, 1980. ALLIED FIDELITY INSURANCE CO. n O W S$1k3: a BY Secretary President THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES STATE OF INDIANA SS: COUNTY OF MARION On this 25th day of November,1980,before me a Notary Public,personally appeared H.O.CROQUART and T.L.EADS,who being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Secretary of the said ALLIED FIDELITY INSURANCE CO.and acknowledged said instrument to be the voluntary act and deed of said Corporation. Notary Public, Marion County, Indiana My Commission Expires: March 9, 1983 Notary Public 1. ONLY ONE POWER OF ATTORNEY MAY BE ATTACHED TO A BOND. 2. POWER OF ATTORNEY MUST NOT BE RETURNED TO ATTORNEY IN FACT,BUT SHOULD REMAIN A PERMA- NENT PART OF THE OBLIGEE'S RECORDS. ��al►�� 3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS, OR BONDS FOR CRIMINAL APPEARANCE. premium Included - • -� Bond No. AC00 6420 . Premium; $921 .00 . ' FAITI FUL PERFO'v�'U��CE BOIL ' KNO" ALL 11EN BY TIESE PRESENTS: That WHE AS, The City of San Juan Capistrano, a municipal corporation L! Orange Coun y, California, has awarded to TOYO iANDS( APTN( �nMPp�g icense No. , hereinafter designated as "Principal, ^ a con- tract for ;9382, 9284 ,9373, and 7654. WIFE AS, said Principal is required under the terms of said Contract to fu nish a bond for the faithful performance of said contract . NOSY, THEREFORE, we, TOYO LANDSCAPING COMPANY , as Principal, land ALLIED F D , as surety, are held and firmly bound unto the City of San Juan Capistrano, a municipal corporation of range County, California, in the penal sum of FORTY SIX THOUSAND SIXTY EIGHT AND NO/100--- ----- DOLLARS ($ 46 .068.00 ) lawful money of the United States of Ame1 ca , for payment of which sum, well and truly to be made , lwe bind oursees , our heirs, executors , administrators and successors , jointly and se orally, firmly by these presents. 71IE ONDITION OF TRIS OBLIGATION is such that, if the hereby 'bounden Principal, his or its heirs , executors , administrators , succes- sors. or assigns, shall in all things stand to and abide by and well and truly keep and per;orm all the undertakings , terms, covenants , conditions , land agreements in the said contract and any alteration thereof , made as therein provided , all within the time and manner therein designated and in all respects ccording to their true intent and meaning, then this obl- gation shall ecome null and void, otherwise it shall be and remain in full force and vir ue . FUR IER, the said surety, for value received , hereby stipulates land agrees th t no change , extension of time , alteration or modification of the contra t documents or of the work to be performed thereunder, lshall in any way affect its obligations or this bond , and it does hereby waive notice f any such change, extension of time , alterations or modi- fications oS he contract documents or of work to be performed thereunder, IN IITNESS 1V1M ,EOF three (3) identical counterparts of this l Instrument , c. ch of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named , lon the 2 rd day of APRIL , 19 82 , the name and corporate seal of each co rporaie party bein ; hereto of ixed and these presents duly signed by its undersigned representative pursuant to authority of its l governing bod TQYOy�LANDSCAPING COMPANY l G"• PPR`INCIIP-A-L By BY • ALLIED IDELITY INSURANCE CO. i S U1iL'1'Y -19- JOH N . WATSON, ATTORNEY-IN_FACT STATE OF cai ifornia COUNTY OFO an9e ) On this-------- _�3 !j__r _._._dayof_�rll before me personally cam -__--AhnnV M _--- to be known, who being by me duly sworn, did depose and say: that he is Attorney-in-Fact of ALLIED FIDELITY INSURANCE CO. the Corporation described in and which executed the foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accor- dance with the By-Laws of the said Corporation, and that he signed his name thereto by like authority. ....__....______---- - OFF!CIAt SW� --� LUI 'E E. EPNER 1 ///�/jJ Notary Public California i V"�ZLy ruU11Lj amu? ORANGE COUNTY i �My Commission Expires March 9, 19841 LAURIE B. EPNER ' _--_____-__ sia"I qv;f//lG ��llll/6 fJII�/C�1lrQlZ6 72400 PASEO ADELANTO, SAN JUAN CAPISTRANO.CALIFORNIA 92575 \PHONE 493•1171/ . April 12, 1982 i Toyo Lands aping Company 302 S. New ope Avenue Santa Ana, California 92704 Re: Award of Contracts: Landscape Maintenance Districts - Tracts, Park Sites and Parkways Extension of Contract: City Parks and Parkways Maintenance Centlemen• At their meeting of April 6 , 1982 , the City Council took unanimous iction in approving the following Contracts: 1. The Contract between the City and your company for ----� the landscape maintenance of Tracts 7673, 8485, 9382, 9284 , 9373, and 7654 at an annual cost of $46,068 .00; 2. The Contract between the City and your company for landscape maintenance of various City parks and parkways at an annual cost of $38 ,400 . 00 . The original and one copy of these Contracts are enclosed. Please si n and date all copies and return the "City" copies to this office; t e second copies are for your files. An additional agenda item regarding the extension of your existing ontract for maintenance of City parks and parkways for one year to A ril 1, 1983 with a 6% cost increase was also approved. Thank you for your cooperation. Very ttr�u+ly, -yoouuWRMC rs MARY ANN , City Clerk MAH/na Enclosure Cc: California Landscaping Kathy Holmes Robert Bancroft Mich ' cia el Lopez Plant Control Corp. Richard Kopp PatrStauderbaur Maryann Pette Paul Stubbs Paul Weddel Kathy itzel Director of Public Mike Tolmasoff Jim Young Works Charles B. Davis Dennis Haehn ! AGENDA ITEM April 6 , 1982 TO: Stephen B. Julian, City Manager FROM: iW. D. Murphy, Director of Public Works SUBJECT: Award of Contract - Landscape Maintenance Districts, ' Tracts 7673 , 8485, 9382 , 9284 , 9373, and 7654 i SITUATIONI As per Cc ncil direction, bids for the Landscape Maintenance of special districts were received and opened on March 30 , 1982 , at 2 : 00 p.m. in the City Council Chambers. The results of the bids were as f llows: C LIFORNIA LANDSCAPE $67,845 . 84/yr. P T CONTROL CORP. $49 ,920 . 00/yr. T O LANDSCAPING CO. $46 ,068 . 00/yr. See attac ed cost breakdown. After a eview of the contracts, it was determined that all bids were in order and that the contractors are qualified. Currently staff has been wor ing with Toyo Landscaping in this capacity and has experienced no diffi ulties. FINANCIAI CONSIDERATIONS The costs for maintaining the districts will be assumed by those property owners in each tract. The contractual cost as well as utilities, City staff and repairs will make up the total assessment for the main- tenance. ALTERNA ACTIONS 1. Acce t the bids. as complete and award the contract to the lowest bidd r, Toyo Landscaping Company, for the annual cost of $46 ,068 . 00 . 2 . Do n t award the bid. 3. Refe to staff for additional information. RECOMMEN ATION By motion, accept the bids as complete and award the contract to the lowest bidder, Toyo Landscaping Company, for the annual cost of $46 ,068. CO and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. Respectfully submitted, L4jW. DD Mu ph WDM — Encl . F/ em Encl . LANDSCAPE MAINTENANCE DISTRICTS INDIVIDUAL BID COST BREAKDOWN PRESENT 1981-82 CONTRACT* PROPOSED 1982-83 CONTRACT* Tract 7673 $6 ,000 $ 5,244 Tract 8485 $6 ,600 $ 5 ,244 Tract 9382 $12,000 $ 9,432 Tract 9284 $6 ,780 $ 5,868 Tract 9373 $14 ,400 $10 ,584 Tract 7654 $12 ,600 $ 9 ,696 * With the better establishment of vegetation, the contractual costs have d creased. The above costs are only contractual maintenance costs. They do not reflect additional charges for repairs, utilities , City personnel time , and overhead which differ from tract o tract and will serve to increase the final assessment to the property owners. i RID OPEOING 2 : 00 M . BIDDER AMOUNT 46 fa- t a • Bund No. AC004186-6 BID BN KNOW ALL MEN BY THESE PRESENTS,-. that we, TOYO LANDSCAPE COMPANY , as Principal, and ALLIED FIDELITY INS. CO. existing under the laws of the State of INDIAN , and whose principal office Is located in the City of , as surety are jointly and severally bo nd unto the CITY OF SAN JUAN CAPISTRANO of Orange County , California, in , t a sum of FOUR THOUGANn A"V NnL1D0 DOLLARS ($--L000.00 ) , lawful. money of the United States of America to be paid to the said CITY OF SAN JUAN CAPISTRANO, for which payment well and truly to be made , we b' nd ourselves , our heirs, successors , executors, adminis- trators and asci ns, jointly and severally, by these presents . THE CO DITION OF MIS OBLIGATION is such that whereas the Principal has su milted the accompanying bid dated Marnh nn , 19 82 , for the construc 'ion of Maint. 6 Landscpee TRtt7673.8485,9382, 2x4.9:9JDT 6tPA54 CITY OF SAN JUAN CAPISTRANO, Orange County, California. NO1V, IERI�:FORE, if the Principal shall not withdraw said bid within thirty (3 ) days after the opening of same, and shall within fifteen (15) days after he agreement has been presented to him for execution enter into a wri ten contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient suret 'es, or sureties for the faithful performance and proper fulfillment of s ch contract and for the protection of laborers and materi- almen, or in the event of the withdrawl of said bid within the periods specified , or thefailure to enter into said contract and give said bond within the time pecified, if the Principal shall within sixty (60) days after request . by the City, pay the City the difference between the amount specified in said bi.d and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of' the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN 171 NESS WHEREOF the above-bounden parties have executed this Instrument unde their several seals this 26th day of umccti , 19 82 , the nam and corporate seal of each corporate party being affixed hereto and thes presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses ( f individual) TOY" LANDSCAPE COMPANY PRINCIPAL AWEST (if corp ration) Titic-.— TOMO LANDSCAPIN COWANY .r Titlo ;,/?W- 6 T ❑ FI❑F Nr TTY TS HANc rv Corporate Seal 5UhI1s7T ATTEST Neal L. Witt, Titley _ -------Fr' � ,� " "''Pitlo Attorney-in-fact Corpornto Sealea18- �jL�J il!fii�G1: :U!t iliY d:y Cry^,m:--- ----- --- , ALLIED FIDELITY INSURANCE CO. AC N° 004186 6320 North Rucker Road a Indianapolis, Indiana 46220 POWER OF ATTORNEY KNOW ALL MEN Y THESE PRESENTS:That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It pecifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN. III x THE AUTHORITY OFITHE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY y * * * FOUR HUNDRED THOUSAW DOLLARS * * * SHALL NOT EXCEEE 'a E USE OF MORE THAN ONE POWER VOIDS THE BOND r. ALLIED FIDELITY INSURANCE CO.,an Indiana cgs orli.oq'hav�'pgits princi al office in the Cit of Indianapolis,State 0 0 Neal 1. W1tL P Y Po of Indiana, does hereby make, constitute and appoint: > Z m O in the City of n e m , County of l^anga , State of_e ex' its true and lawful attorney-in-fact,at Ani3he i m ,in the State of Ca 1 if. K to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, and undertakings in behalf of court M fiduciaries, who under the jurisdiction of a court, administer property held in trust: public official bonds; license and permit A C bonds; tax, lien.and miscellaneous bonds:required by Federal, State,County, Municipal Authority,or other obligees,provided tv W that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum n C shown above. 2 TH S POWER VOID IF ALTERED OR ERASED o s This power not valid unless used before December 31, 1985 f Rf The acknowledgmen and execution of any such document by the said Attorney-In-Fact shall be as binding upon the Com- pany as if such bond ha4 been executed and acknowledged by the regularly elected officers of this Company. r „aj This Power of Attor ey is granted and is signed and sealed by facsimile under and by the authority of the fallowing By-Law Z ch adopted by the Board of Xrectors of Allied Fidelity Insurance Co.at a meeting duly called and held on the 5th day of September, p 1969. fn "Article V.Section 2,The Pre3ident shall have power and authority to appoint,or delegate to other Corporate Officers,the y appointment of . . Attorney(s)-in-Fact, and authorize them to execute, on behalf of the Company as Surety, bonds and m undertakings,reco ' ances,contracts of indemnity,and other writings obligatory in the nature thereof;and he may at any time in his judgmeni remove any such appointee(s)and revoke the authority given to them;and with respect to any Certified 0 Copy of any Power ii f Attorney,the signatures of any issuing or attesting officer,and the seal of the Company,may be affix- 0 ed to such Power of Attorney or to any certificate relating thereto,by facsimile:and such facsimile signatures and facsimile ; seals shall be valid and binding on the Company, in the future, with respect to any bond, undertaking or instrument of D suretyship, to which it is attached." Z IN WITNESS WHEREOF,Allied Fidelity Insurance Co.has caused its official seal to be hereunto affixed and these presents to be signed by its duly uthorized officers this 25th day of November, 1980. ALLIED FIDELITY INSURANCE CO. BY „ O, lir Secretary President THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES STATE OF INDIANA SS: COUNTY OF MARION On this 25th day of N ovember,1980,before me a Notary Public,personally appeared H.O.CROQUART and T.L.EADS,who being by me duly sworn acknowledged that they signed the above Power of Attorney as President and Secretary of the said ALLIED FIDELITY IN SURANCE CO.and acknowledged said instrument to be the voluntary act and deed of said Corporation. Notary Public, Expires: County,19.1983 My Commission Expire :Much 9. 1983 Notary Public 4 1. ONLY ONE POWER OF ATTORNEY MAY BE ATTACHED TO A BOND. 2. POWER OF ATTOR EY MUST NOT BE RETURNED TO ATTORNEY IN FACT,BUT SHOULD REMAIN A PERMA- NENT PART OF TE E OBLIGEE'S RECORDS. ��n►� 3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS, OR BONDS FOR CRIMINAL APPEARANCE. PROOF OF PUBATION This spar the County Clerk's Pilin Stamn (2015.5 G.C.P.) STATE OF CALIFORNIA, RECEIVED County of Orange ZZ 1 3� N '82 City of San (Temente cIr'r uF SAN JUAN Proof of Publication of NOTICE TNVTT7G BIDS ................. ...................................................................... I am a citizen of the United States and a resident ......................... of the Coun y aforesaid; I am over the age of eighteen y s, and not a party to or interested in the aboveientitled matter. I am the principal clerk of the printer of the San Clemente Sun-Post a newspaper of general circulation printed and published ..... . DAILY ...... ... ....................... R�Ic ............................... in the City of San Clemente County of Orange, and which newspaper has been 5d 10:00 a ` dRY of I>fat�,i adjudged a newspaper of general circulation by M60esto the Superior Court of the County of Orange, State of Plans od of California under the date of March 11, 1960, the city cit of y Case Number A9140; J p that the notice, of which the annexed is a printed ! s)?t watt{ aod' mtiy; copy (set int me not smaller than nonpareil), has " g been publishel in each regular and entire issue of et its: said newspa r and not in any supplement thereof ' tOnve�r on the following dates, to-wit: .................._--.......... Jntls March 12 rd..19 ... . .... . ................................................. all in the year 19....82 I certify (or declare) under penalty of perjury that the forej oing is true and correct. Dated at San Clemente, California, this 19ti,... y of .. .....Marek......-------............ 19......8.2 r'i .. . . ....... .... .............. Signature SANCLMD ENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 San Clementea Calif. 92672 - Phone 714-492-5121 NOTICE OF TRANSMITTAW LEGAL PUBLICATIONS.. TO: DAILY SUN-POST Helen Nielsen, Legal FOR PUBLIC� T3ON ON: FRIDAY, MARCH 12, 1982 r DOCUMENT (SI) TO BE PUBLISHED: NOTICE INVITING BIDS - MAINTENANCE OF LANDSCAPING IN TRACTS 7673, 8485 , 9382 ,• 9284 , 9373 AND 7654 PROOF OF UBLICATION: Please send to: Office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZE BY: DATE: March 9, 1982 Date of Bid Opening 3/30/82 Date (s) notice published 3/12/82 Date affidavit received Date notice posted in designated posting places (3) 3/12/82 (2 pa. ) Date not4e (s) posted on property n/a Date of m cling notices to prop rty owners n/a NOTICE INVITING BIDS MAINTENANCE OF LANDSCAPING IN TRACTS 7673 , 8485, 9382 , 9284,, 9373 AND 7654 otice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the Maintenanc of Landscaping in Tracts 7673 , 8485 , 9382 , 9284 , 9373 and 7654 until 2 : 0 P.M. on the 30th day of March 1982 pre-bid conference is scheduled at 10 : 00 A.M. on the 24th day of March 1982 , at the City offices to assist con ractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan. Capistrano, California, and may be obtained at a non-refundable charge of $5. 00 plus a charge of $5 . 00 for each set of plans and specifications mailed. ' 41 Dated: March 9 1982 �— CITY 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 Publiclnotice is hereby given that the City Council of the City of San J an Capistrano will up to 2 : 00 p.m. on the 30th day of March 1982, receive sealed proposals or bids for the Mai tenance of Landscaping in Tracts 7673, 8485 , 9382, 9284, 9373 and 7654 . in accordance with the approved specifications on file in the office of the City Clerk of the City of San Juan Capistrano, City Hall , 32400 Paseo elanto, 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 bi will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accompanied by a certifi d check, cash, cashier' s check or bidder' s bond payable to the City f San Juan Capistrano in the sum of not less than ten percent of t e amount. The b'd check, cashier ' s check or bidder's bond of the successful bidder will e forfeited to said City in the event such successful bidder faile to enter into the required contract within 25 days after the written otice that said contract has been awarded to him for the work. A pre bid conference is scheduled at 10: 00 a. m. on the 24th day f March 1982, at the City-Off ices. The contractor shall have t e opportunity for clarification or interpretation of any point or poi is of question within the contract documents or specifi- cations. It is the contractor' s responsibility to be in attendance at this conf rence 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. BIDD RS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State o California, copies of the prevailing rate of per diem wages, as d termined by the Director of the State Department of Industrial elations , are on file in the office of the City Clerk and shall be ma e available to any interested party on request. I Copies of the specifications are on file in the City Clerk' s Department, ,City of San Juan Capistrano, 32400 Paseo Adelanto, SanJuan Ca istrano, California. Copies of the specifications for use in reparing 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 t submit a bid for said work. A charge in the amount of $5. 00, non-refundable, is required for obtaining each set of specificati ns. There will be a $5 .00 charge for postage and handling on all plans and specifications mailed. Each b' dder shall state the California Contractor' s License number of s ch bidder so bidding, as no bid will be accepted from a contractor ho has not been licensed in accordance with the pro- visions of he laws of the State of California relating to licensing of contract rs. This n tice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 9th day of March 1982 . o2Zztte MARY AN HANOVER, CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA The s ccessful bidder, simultaneously with the execution of the contract, ill be required to furnish a faithful performance bond equal in a ount to one hundred percent (1000) of the contract price and a labo and materials bond equal in amount to one hundred percent (1 0%) of the contract price. The C' ty Council reserves the right to reject any and all bids received a d to compare the relative merits of the respective bids and to cho se that which in the opinion of said City will best serve the interests or needs of said City. BIDS, CONTRACTS, AGREEMENTS 1. LANDSCAPE MAINTENANCE DISTRICTS , TRACTS 7654 , 9373, 8485, 7673 , 9382, AND 9284 , PARKS AND PARKWAYS - APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS (38) Written Communications : Report dated March 2 , 1982 , from the Director of Public Works forwarding specifications for the maintenance of various landscape districts and specific parks and parkways . Notification to Tract Representatives : There was a concurrence of Council that letters be directed to 'the homeowners representatives advising of the schedule for presentation of bids to the Council. A royal of Specifications and Call for Bids : It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to approve the specifications asisubmitted and to authorize a call for bids for landscape maintenance. AGENDA ITEM March 2 , 1982 TO: ,Stephen B. Julian, City Manager FROM: 4V. D. Murphy, Director of Public Works SUBJECT: Approval of Specifications and Authorization To Call ,For Bids - Landscape Maintenance Districts and Specific ,City Parks & Parkways (Cook, Ortega Properties) SITUATION As per Ci y Council direction the City is currently contracting services or landscape maintenance of City-established districts and parks and parkways , to insure that an adequate maintenance service is being rovided to all facilities and to keep costs competitive. The follo ing areas are recommended for re-bid of contractual services: All speci ied areas in Landscape Maintenance Districts of Tracts 7654, 937 , 8485, 9284, 9382 and 7673. (All tracts will be bid as one packa e. ) - Ortega Pr perties' Parkways and Cook Park. The attac ed specifications have been reviewed by staff and determined as satisf ctory. At this time, however, should Council wish to include a 1 costs for fertilizer and the reestablishment of flowering plants as need to be part of the contractor' s bid this could be incorpora ed. With rega d to district maintenance, all specified areas have been establish d and are in very. good condition at this time. Some additional work is required in some places to eliminate bermuda grass and assist slow growing cover, however, this should probably be done i the warmer months. Few complaints have been expressed. Followin the bidding results and prior to award of contract, staff will pre are a review of maintenance costs thus far. FINANCIA CONSIDERATIONS Those cc is associated with landscape maintenance districts will be assessed the property owners in the designated tracts. All other costs fo parks and parkways are budgeted for in the General Fund under Pu lic Works. ALTERNAT� ACTIONS 1. Appr ve the specifications and authorize the call for bids for landscap maintenance contracts on specified districts, parks and parkways 2. Modi y the specifications and approve as modified. 3. Refer back to stafffo a ditional information. FOR CITY dOUNCII AGENDA ... S � Approval of Specifications and -2- March 2 , 1982 Call for Bids RECOMMEND TION By motion ' approve the specifications and authorize the call for bids for andscape maintenance contracts on specified districts, parks and parkways. Respectfu ly submitted, WW. D. W. D. Mur y WDM:SCF/r m Attachmen i • OENCRAL PROVISIONS A. Turf Grana . A11 !awn areas are to be mowed weekly, or as- needed to maintain the height specified below and borders neatly dged. frim around sprinkler heads as needed to provide 11�a xirwm water coverage. Trim around planters. Remove and QL&pose of all cuttings. Mow to the•following height: Bermuda 1/2" to 1" Bluegrass 1-3/4" to 2-1/4" 20 rrigate as necbssary to maintain proper growth rate nd optimum appearance (see Section 3.E. , Irrigation) . 30 aintain lawn areas in a weedfree condition. - A prccmergent crabgrass control shall be applied to all bluegrass turf between February 15 and • April 15 of each year. ' • . 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. 40 crate once a year between February l . and March 31. crate all turf by removing 1/2" by 2" cores of sod ith an aerator machine at not more than 6" spacing. ,•5. urf shall be dethatched once a year between February 1 nd March 31. This shall be accomplished by using a flail type" dethatching machine. 6. ertilization: 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. • 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 4G-0-0 formula shall be applied every 60 days rebruary through November. , it ,• • ' • -21- broad spettium fungicide (such as Widone RZ) shall • be applied to all bluegrass turf at the preventive - -- rate beginning April' 1 each year. Additional appli- ••Cations shall -be made at the curative rate as necessary throughout the year. $. Slope Care! 1. (round cover (grass, herbaceous plants) ` Irrigate as ,required to maintain a reasonable. appearance. Fertilization: 1. Iceplant 'areas shall be fertilized when recommended by the Director of Public Works or his authorized representative with --the rate of each application to be oneapcund of actual nitrogen per 1, 000 square feet using a 16-16-16 formula material. 2. Grass areas (Alta Fescue, etc. ) shall be fertilized every 120 days with the rate of _ each application to be one pound of actual • __. nitrogen per 1, 000 square feet using a 16-16-16 • formula material. . Control pests, including rodents and snail$, as - - needed. d. Maintain slopes weed free. Periodic hand weeding over entire area will be required. 6. 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. �. Trim and edge to maintain sidewalks and curbs free of plant growth. { C. Shrub and Ground Cover Care 1. Prune to maintain reasonable size and appearance. 2. Annually thin out, shape and head back all shrubs. 3. Control pests and diseases as needed. 4. A broad spectrum preemcrgent weed control, such as Treflan, shall bc. applicd to shrub beds and ground Cover beds in April and September of each year. •22_ • Additionaleed control shall be 'iniated as .• necessary to maintain a weedfree condition.. •• S. around cover areas should be fertilized every ninety " 196) days with the rate of each application to be one ound of actual nitrogen per 1, 000 square feet using �6-16-16 formula material- rim and edge as necessary to restrict growth from ncroaching on sidewalk or other adjacent areas. ?. rrigate as required to maintain adequate growth rate nd reasonable appearance. - $o nnual bedding plant areas shall be programmed for eplacement as directed by the Director of Public ' orks or his authorized representative. Replacement lants shall be of a suitable type to provide the ximum amount cf color (bloom) during the time they e in the bed areas. all of the applicable maintenance rograms covered in this section shall apply to these nnual bedding plant areas as well. D. Tree Care • 1. hape, trim and prune to maintain a reasonable - - ppearance. 2. nually thin out, shape and head back all trees. 3. ontrol pests and diseases as needed. 4. Remove all dead and damaged branches back to point of breaking.. "S• 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 fdliage - color. - 9. Irrigate as required to maintain adequate growth rate appearance. i $. Irrigation System • - ' 1.• The CONTRACTOR shall maintaiA the complete •sprinkler system in an operable -coii3ii.i0n- 2. epair and adjust all sprinkler heads to maintain roper coverage. 3. djust water application to compensate for changes n weather. • CONTRACTOR will be respbnsib,le for amagen occurring due to under-:.atering or over- atering. i 4: ll replacements to be with original type material r substitutes approved by the CITY. S., epair or replacement of equipment damaged as a result f CONTRACTOR' S negligence •shall be replaced at the ONTRACTOR'S expense. 6. amage not resulting from CONTRACTOR'S negligence ill be reported promptly to the CITY, together with • estimate of costs for correction of the condition. 7. All systems to be operationally checked a minimum of once a week. S. 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. r. Common Se ting Areas 1. Sweep, clean and remove debris- a minimum of once a ~ week. - 2. Inspect and check all benches and equipment for vandalism and safety hazards; make minor repairs iand report major damage to CITY., - 3. I 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. -24- G. Rest�rooms 1. As required, zestroom facilities will be maintained •by •CITY. . r H, General' i 1. Vegetation shall not overhang a sidewalk at less than • T feet in height or a roadway at less than 14 feet in height. Z. -All operations will be conducted so as to provide imum safety for the public. 3. here CONTRACT work may create potential or known zards on streets or roads and to persons traversing em, CONTRACTOR shall obtain at his own expense and lace whatever signs , lights , barricades , cones or Cher safety devices are necessary to 'prevent accidents , njuries or damages, consistent with. the Orange County nual of Warning Signs, Lights and Devices and r:ith 11 other applicable ordinances a-id statutes. When orking adjacent to the roadway, red vests shall be rn at all times. `. aves, paper, weeds, and any other debris will be emoved from landscaped areas and disposed of offsite. rash cans provided by the CITY will be emptied nd 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, preemergent weed control; turf aerification; turf dethatching; preventive application of turf fungicide; and annual type bedding plant replacements. S. CONTRACTOR is required as part of this A7rcement to furnish all materials necessary to accomplish maintenance In accordance with the foregoing specifications except fertilizer, which will be available at Corporation Yard, 32400 Paseo Adelanto, San Juan Capistrano. •i •. 40ONTRACTOR is further required to sok high usage Items for repair of irrigation systems. CONTRACTOR Will be rcimbursed• the wholesale cost of such materials • nd. parts upon presentation of properly itemized nvoiccs . Any other types of materials required to e furnished will be considered as extra work (see xhibit I, H) . 9. ONTRACTOR is required to maintain an office in range County and provide the office with phone ervice during normal working hours. If a telephone nswering service is utilized,, the answering service hall be capable of contacting CONTRACTOR by radio or ager. CONTRACTOR is further required to provide ITY with an emergency number for contact outside the ormal working hours. 10. henever herbicides are used, dONTRACTOR shall apply hen air currents are still, to prevent herbicide rift onto adjoining property, and to prevent any oxic exposure to persons whether or not they are in or on the grounds. 11. CONTRACTOR is also required to provide uniforms and name badges for all field personnel. 12. Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. 13. Prune plant materials so that all traffic control signs are clearly visible to approaching drivers . 14. Compile -and maintain "as builts" of all irrigation systems to include location and serial numbers of major components. Turn over to CITY on termination of agreement. , 15. CONTRACTOR shall not block bike trail with equipment • or materials during or after his maintenance operations. 16. Rake and remove debris, trash and other materials a minimum of twice a week. 17. Remove from park and parkways any and all animal •feces or materials detrimental to human health daily. L • Extra Work 1. Extra work will not be performed without prior approval • by CITY u:ilcss a condition exists wherein it appears ' -26- there is danger of injury to persons damage to ,property. • 2.• Extra work may be requitcd by the CITY as a result of acts of God, vandalism, theft, civil disturbances or accidents. $. Extra work may be required by the CITY in order to dd new landscaping or to delete or modify existing andscaping: 40 ayment for extra work will be based on actual cost of abor plus wholesale cost of materials plus 20 percent • f materials. $. he Director of Public works, or his authorized epresentative, is authorized to approve extra ork up to 25 percent of the annual cost of the . greement. J. Standatds 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. -27- I TRACT 9384 - Continued The slope area long the easterly right-of-way of Belford Terrace, including the portion of said right-of-way lying easterly of the 1 5 foot wide sidewalk, bounded on the south by Ortega Highway, and bounded o the north by Rosedale Drive, being a portion of Lot 1 of said tact. ' The south rly 10 feet of the 56 foot wide right-of-way of Rosedale Drive, bounded on the west by Belford Terrace, and bounded on the east by aline parallel with and distant 65 feet from the centerline of Belford Terrace. The reman factured slopes lying within Lots 62, 63, and 64 of said 1 tract, ex epting therefrom the portion of the remanufactured slope within Lot 62 lying southwesterly of the southwesterly line of the 150 foot ide easement to San Diego Gas and Electric Company, as shown on a map of said tract. TRACT 928 2. 350 Acres The reman factured slopes within Lots 1, 6, 7, 8, 9, and 22 of said tract, an the remanufactured slope along the easterly right-of-way for Paseo Peregrino, lying easterly of the angle point in the centerlin of said Paseo Peregrino, being a portion of Lot 16 of said trac . TRACT 937 4. 370 Acres All of Lo A of said tract. The 32 foot wide drainage easement, and the adjac nt 10 foot wide equestrian easement along the southwesterly boundary f said tract, being a portion of Lots 100 through 102 of said trac . The reman factured slopes within Lots 52 through 60 inclusive, and Lots 111 hrough 118, inclusive, of said tract. The 10 fo t wide equestrian easement along the northeasterly boundary of said t act. TRACT 765 1. 9 Acres All of Lot A of said Tract 7654. - I The 15 foot wide drainage easement within said Tract 7654, along the northerly boundary of said Tract 7654. • Detailed landscaping plans for each Tract are on file in the San Juan Capistrano Planning Department. Each trach is to be bid separately, however, award will be made on the cumulative total. -6- i TRACT 7654 • The remanufactured slopes within Lots 47 through 55, inclusive, and within Lot 58 of said tract and the slope areas within Lots 33 through 42, inclusive, and within Lots 45 and 46. The remanufactured slopes along the southerly and westerly boundaries of said tract lying within Lots 12 through 19, inclusive. The sloping area on the southeast corner of San Juan Creek Road and La Novia Avenue bordered by Lots 1, 2, 3, and 4 of said tract on the east, La Novia Avenue on the west, San Juan Creek Road on the north and Camino La Ronda on the south. Please submit cost estimates in both of the following ways: A) That each tract wi11 be awarded on an individual low bid basis - possibly ix different contracts, and B) The comb' ed cost for all tracts will constitute the basis for contract A. B. MONTHLY C ST FOR TRACT 7673: $ 460.00 $ 437.00 ANNUAL OST FOR TRACT 7673: $ 5244.00 MONTHLY C ST FOR TRACT 8458: $ 460.00 $ _ ANNUAL OST FOR TRACT 8485: 5520.00 5244.00 MONTHLY COST FOR TRACT 9382: $ 827.00 $ 786.00 ANNUAL COST FOR TRACT 9382: 9924.00 9432.00 MONTHLY COST FOR TRACT 9284: $ ,nn $ 489.00 ANNUAL OST FOR TRACT 9284 x•80 $ 5868.00 MONTHLY COST FOR TRACT 9373 $ $ 882.00 ANNUAL COST FOR TRACT 9373 $ 11136.UU $ 10584.00 MONTHLY C ST FOR TRACT 7654 $ 850 $ 808.00 ANNUAL OST FOR TRACT 7654 -, 010 6 00— 9696.00 TOTAL ANNUAL COST (A) $_ 48480.00 (B) $ 46068.00 Further, the undersigned bidder certifies that he has thoroughly checked the figures set fc=th in 4--h-is proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. IG TURF OF BIDDER 302 S. NOPE, SANTA ANA, CA. 92704 ADDRESS (714) 77�-7768 TELEPHONE NUMBER -7- 1 , fill T... - _ l;j -4s h MRiur.i o9 ,Q 0 D%5TDy -Q 0 \ ` Tr. 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OVY1GfIRICS pvDSaA�E MRI?I�EMANC Dl97MIC '� ` NON-COLLUCIC:' ':FFjnp,%gT TO BE EXECUTED BY BIDDER OD SUIDNITTED WITH BiD F OF CALIFORNIA'ty of j as. . being first duly sworn deposes says that lie is of the party making the egoing bic; t. �t sucn bid is not made in the interest of or on behalf inany undisclos d person, partnershin, company, association, organization, corporation; hat such bid is genuine and not collusive or sham; that d bidder ras of directly or indirectly induced or solicited any other idder to put in a false or sham bid, and has not directly or indirectly luded, conspi ed, connived, or agreed with any bidder or anyone else put in a shaft bid, or that any one shall refrain from bidding; that Said bidder has of in any manner, directly or indirectly, sought, by Cement, cor�mu icati.on or conference with any :one to fix the bid ce of said .b 'der or of any other bidder• or to fix the bid price O or cost eleme t of such bid price , or of that of any other bidder, or • secure any ad antage against the public body awarding the contract any one inter sted in the proposed ccntract; that all statements tai One in suc bid are true; and further, that said bidder has not ectly or in ectly, sub. 'tted his bid price or any breakdown Hereof, the contents hereof , or divulged information or data relative reto, or paid and will not pay any fee in connection therewith, to an corporation , partnership, company, association , organ ization, " bid ository, or to any member or agent thereof , or to any other indi- uall except t any person or persons as have a partnership or other financial interest with said bidder in this general business . ,bscribed and worn to before me is da of . 19 Lary Public i and for said county and State • .. -?� r.. .. .• � fffffffff 3 / / r 1 �, \` � +... ,I •.ww •.ter • • 7-ni '• •�'.• t \`{' oe • 1�lf�l/l _ - '„ - •+rte. •.'._• , \ . �� \ I �,\ i•� �/.i �,•,.\+:^-�.�: _� `;f`t��tl.:......-1�'""��•.=-`V . 1 »IIf try AEC 1 Jf'`•\ ,. i,i. � ',/�' .i1✓ • 1•J '� 'i.•' Ili • �. _ J ,, .t� `' ,-, ,� 1 r 111 /� \ I, - .: ( ... ,'• , . .- f.. � ' ••' 1 1 a •� .:! 1<< .� •/,t.i�'•�` /�•, q \ •: ,+ \.'!�.-JF��•.-..... • '`'moi ' ''F'•.: , I �. 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' : .,,, - , ' LN CTION •1•0 nIDI)E123 ur. irg Documcn4s. pecification documents will be available for examination without charge copies may be secured in accordance with the "Notice Inviting Bids. " xaminatioin of S1 ccifications and Site of Work. f bidder is rc uircd to examine the site of work, the proposal, and the spccifieaLlols very carefully. lie shall satisfy himself as to the racter, nuali y and quantities of the work to be performed, the erials to be -urnishcd and the requirements of the Contract Documents. !DUqualification of Bidders. :, person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate ls are calledor. . A person, firm or corporation who has submitted ub-proposal t a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submittii,g a bid in his own Provos a l s. s to receive onsideration shall be in accordance with the following instructions: A. Bids sha 1 be made only upon the forms provided within- these Specific tions; all bid items shall be properly filled out-, and the signatures of all persons signing shall be in longhand. B. . All pri.c s and notations must be in ink or typewritten. No erasures -.:ill be permitted. Mistakes may be crossed out and • Correcti ns 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.tulation -of the work to be done. Alternate proposals will not be considered excepL- as required hereinabove. No oral, telegraphic or telephonic . proposaIs or modifications will be, con=sidered. ' D. The City may require any bidder to furnish a statement of - his c\pericncc, financial rosponsi.bility, technical ability, Cquil,mcnt and references properly and fully filled out: ' 8. Each biddor must accornpany his bid t•:iti, ci.ther. a cashier' s Chock upon :sang reSiIon::.ible ban% , or a properly certified Chvck ul on :such ban): , or an approved cornoratu surety hoed payabli to the City for such a sum of nvt les.: than ten (10) i percent of the aggrlite sum of the bid, whicheck or . bond and ',the monies represented thereby shal a held by the City an a guarantee that the bidder, if awarded the Contract, till in good faith enter into such contract and furnish the required bonds. The bidd r agrees that, in case of his refusal or failure to Cxecu a said contract and give bonds within the time required by these documents, such check or bond, and the money rc rc--cntcd thereby, shall rc^ain 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 ereecdin the sum of. ten (10) percent of the amount of the Ibid. A id received and not accompanied by such cashier ' s Check, c rtificd check or approved bond shall be reject_d. F. Bids sha 1 be delivered to the City at the location stipulated, On or be ore the day and hour set for the opening of bids , as herci before specified in the "Notice Inviting Bids. " Bids sha 1 be enclosed in a sealed envelope bearing the title Of the w rk and the name of the bidder. E1censina•of Con racter. . ,l persons, fi . s, partnerships or corporations shall be licensed in a ordance with he Business and Professions Code of the State of "alifornia and films, applicable ordinances of the City and County before ng any worko any kind. Nithdrawl of Bid . y bidder may w thdrau his bid in person or by written request at any time prior to th scheduled closing time for receipt of bids. ening of rid P -oposals. e City c:ill, ii open session, publicly open, examine, and declare o bidat the ime sct forth in the "Notice Inviting Bids. " Bidders their authori ed representatives are invited to be present. tcrvicc: of T)i.ddcrs If dcemc�'. necc�,Sarv, the three lowest bidders will be requested to appear �r 11iLervie b..fore the Director of Public Works or his authorized presclit:ati.v�. •ar.l of t• or I:."icction of rids. , nbidQ. r r::cy titl%Oraw hin bid for a perird of forty-five (QS) dayn after 0 date zwt. folthc: (1h.uing of bid;. The contract for the work will 0103* 1). A1:'.1Ct.� Ct or thy• f)lilti ]'..'ICC.tcd wlthlll 'the forty-five (:5) clays • fall% 11110 date: ::c+t: for tho oiienitlg o: bi.l::. n, contract for the war?: W4211 be awarded to the low responsible ck:r cowl,)yinq %•rich thasc i),:atrucC::on:: and %•nigh the "Notice Inviting + " The City, ho:,evcr, reserves ti:o light to reject any or all bids to waive any nonconformity in t!le bids received. bidder to wham the award is made shaft execute a writtcn -Contract h the City as furnish the stipula'ced bonds %•rithin ten (10) days Eton the notice of guard of contract. The Contract Agreement shall be Ac in the form `adopted by the City. The release of the successful der' s :urcL•y cponit, as previously stipulated , shall be made upon he City' s acccp ante of the Labor and materials Bond and the Faithful t�formancc Bond. Af the bidder tolwhom the award is made fails to enter the contract as h cin provided , the a -ard clay be annulled and an award m, be made athc nc::t lows t rc_^.ponsible bidder; and such bidder shall fulfill every .. 1pulation c::jbr• ced horcin, as if he urere the party to erhon) the first rd was made. A corporation to which an award is made shall furnish dente of. its orporate e::istcnce and evidence that the officer sicnir_g contract and bonds for the corporatio:l is duly authorized to do so. Sands. tSuccessful b dder, simultaneously with the execution of the Agreement, Will be rcquircd to furnish a Lahor and l-:aterials Sond in a sum not less n one hundred percent (l0u?:i of the total a:aouui payable by the tones clic contract ind a raitJhful rcrformance. Bard in -a. sum not less than %Me hundred sere ant (1000 of the .amount: of thh ,contract. Said bonds , T11 be secured from a surety com?zany satisfactory to the City. " Surety panics , to be acceptable to the City, must be authorized to do business thc State or alifornia and be on the accredited list of the United �ates Treasury. . . .. •• _ . .. me of Pcrfo_-a Cc. e wort: shall b commenced within fiftcz *n (15) calendar days from the to of c%ocut:io of the contract and shall be diligently prosecuted for a period of tucl c (12) months. rdgn)ncnt of Contract. •: assignncnt b-- the COntraCtOT of any contract 'to be entered into raundcr or an) hart: thcrcaf, or of fund:. to be rcccived thereunder • the Co11Lract r, will be recogniacd by the awarding authority and the �rety ha n b,,cll given nalticc of such assignment in writing and has con- nlyd Lhcrrl.a •In writillJ. , KOC�:[a`il ,l n.� l^._ltl�. .. .'. . . y . .. - � : . . .• _.. . Ill`7lt ion i:: ::j`a ci fically direr Lc-d to all rrnvinti is s , 1 of the r.abor Codc hof tha ;:l3 of Cali farnic) with rrclald lel %:c)r;:aa_n anti wages . wales t be less tha prevailing wage rates determined by the CITY pursuant to id Code and a listed in the "NOTICE INVITING BIDS. " r • , : • .&ER11L PROVISIONS • ' -Turf Grass 1. All 1 awn 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 ' dximum water coverage. Trim around planters. Remove and spose of all cuttings. Mow to the following height: Bermuda 1/2" to 1" • Bluegrass 1-3/4" to 2-1/4" ' 2• •I rigate as necessary to maintain proper growth rate a d optimum appearance (see Section 3.E. , Irrigation) . 3e intain 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 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: este once a year between February 1 and March 31. erate all turf by removing 1/2" by 2" cores of sod ith an aerator machine at not more than 6" spacing. ' es. rf shall be dethatched once a .year between February 1 nd March 31. This shall be accomplished by using a flail type" dethatching machine. 6. ertilization: ' 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. ' 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-o formula shall be applied every 60 days ' February through November. i -21- •. • 70 !1 broad spectrum fungicide (such as Afidone RZ) shall ' be applied to all bluegrass turf at the preventive 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) yet. Irrigate as required to maintain a reasonable. appearance. . b. Fertilization: Iceplant 'areas shall be fertilized when recommended by the ' Director of Public ' Works or his authorized representative with • the rate of each application to be one pcund of actual nitrogen per 1, 000 square feet axing a 16-16-16 formula aaaterial. • 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. • • O Control pests, including rodents and snail$, as . Needed. d Maintain slopes weed free. Periodic hand weeding Over entire area will be required. ' e: Maintain a maximum allowable height of 24" on Slope areas. The seed stems and heads shall be removed from the grass (Alta Fescue, etc. ) before ' they go off color each year. • Trim and edge to maintain sidewalks and curbs free of plant growth. Shrub and round Cover Care ' I. Prune to maintain reasonable size and appearance. 2. nnually• thin out, shape and head back all shrubs. , . 2, ontrol pests and diseases as needed. 4a broad spectrum preemergent weed control, such as ' ` re flan, shall be applied to shrub beds and ground over beds in April and September of each year. ' -22- i ' Additionald control shall be ini ted as necessary t*aintain a weedfree concvion. • S. Ground cover areas -should be fertilized every ninety • (90) days with the rate of each application to be one pound of actual nitrogen per 1, 000 square feet using 1$-16-16 formula material. 6. Trim and edge as necessary to restrict growth from croaching on sidewalk or other adjacent areas. rigate as required to maintain adequate growth rate aid reasonable appearance. •� 8. A nual bedding plant areas shall be programmed for • r placement as directed by the Director of Public rks or his authorized representative. Replacement ants shall be of a suitable type to provide the ximum amount of color (bloom) during the time they e in the bed areas. All of the applicable maintenance ograms covered in this section shall apply to these nual bedding plant areas as well. Tree Care '. 1. hape, trim and prune to maintain a reasonable - ppearance. ' $. ually thin out, shape and head back all trees. 3. ontrol pests and diseases as needed. 60 emove all .dead and damaged branches back to point . of reaking. ,. S. take and support trees when necessary. 6. takes and ties will be placed so no chafing of bark ' ccurs. Remove as soon as no longer needed.. .' T. 11 guys and ties shall be checked frequently to void girdling. • 8. pplications of an iron chelate fertilizer shall be A sed as needed throughout the year, where necessary o maintain healthy, vigorous growth and good foliage olor. S. rrigate as required to maintain adequate growth rate ppearance. ' E. Irrigation System• • ' 1. The CONTRACTOR shall maintain the complete sprinkler system in an operable condition. 2. Repair and adjust all sprinkler heads to maintain proper coverage. 3. Adjust water application to compensate for changes ' in weather. CONTRACTOR will be responsible for damages occurring due to under-watering or over-watering. ' 4. All replacements to be with original type material or substitutes approved by the CITY. ' S. Repair or replacement of equipment damaged as a result o CONTRACTOR' S negligence shall be replaced at the CONTRACTOR' S expense as will the cost for any water loss during this time. 6. Dunage not resulting from CONTRACTOR'S negligence will ' be reported promptly to the CITY, together with an estimate iCNTRACTOR costs for correction of the condition. 7. 1 systems to be operationally checked a minimum of ' ce a week. 8. rigation of park will be accomplished between 10: 00 p.m. ' d 3:00 a.m. , subject to change by CITY. 9. rigation by water truck will be accomplished during ylight hours and no less than bi-monthly, or as ' rected. 10. minimum 500 gallon capacity tank is required. 11. is required to be present during watering and/or inspect the irrigation system daily to assure that there ' Are no problems with the system. F. Common Seating Areas 1. Sweep, clean and remove debris a minimum of once a week. 2. nspect and check all benches and equipment for vandalism ' nd safety hazards; make minor repairs and report major amaged to CITY. ' 3. aintain concrete areas by hosing off sand and base aterials a minimum of once a week. 4. mmediately remove all broken glass and any sharp objects. ' -24- . Res trooms As required, restroom facilities will be maintained ' by CITY. . 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. $. Where CONTRACT work may create potential or known h zards on streets or roads and to persons traversing em, CONTRACTOR shall obtain at his own expense and p ace whatever signs , lights, barricades , cones or o her safety devices are necessary to prevent. accidents , _1furies or damages , consistent with the Orange County Mnual of Warning Signs , Lights and Devices and o:ith ' a 1 other applicable ordinances a-id statutes. When working adjacent to the roadway, red vests shall be rn at all times. ' . t0 aves, paper, weeds, and any other debris will be oved from landscaped areas and disposed of offsite. ' ash cars provided by the CITY will be. emptied - nd washed out after emptying. ' - 5. ONTRACTOR will clean sidewalks , roadways , and any • - ther areas dirtied by his maintenance operations. 6. ONTRACTOP• will report to CITY any malfunction of e lighting system in any CITY-maintained area ?. otification of all "specialty type" maintenance ' �• Aerations shall be given to the CITY 48 hours prior • each of these operations by the CONTRACTOR. • ' Specialty Type" maintenance operations are defined 5: fertilization , nreemercent weed control ; turf erificaticn : turf dethatckring ; preventive application f turf fungicide; and annual type bedding plant ' eplacements. 8. ONTMACTOR is required as part of this Agreement to urnish all materials necessary to accomplish maintenance n accordance with the foregoing specifications except ertilizer , which will be available at Corporation ard, 32400 Pasco Adelanto, San Juan Capistrano. 1 • =25- ' CONTRACTOR is further required to stool high usage items for repair of irrigation systems. CONTRACTOR ' will. be reimbursed, the wholesale cost of such materials and parts upon presentation of properly itemized ' invoices . Any other types of materials required to be furnished will be considered as extra work (see Adhibit I, H) . , CO=1T "CTOR is required to maintain an office in OVange County and provide the office with phone •seervice during normal working hours. If a telephone ' 'answering service is utilized,, the answering service Shall be capable of contacting CONTRACTOR by radio or ger. CO2dtR1CTOR is further required to provide CCTY with an emergency number for contact outside the ,. n;rmal working hours. ' 10. Wenever herbicides are used, CONTRACTOR shall apply W en air currents are still, to prevent herbicide d ift onto adjoining property, and to prevent any ' xic exposure to persons whether or not they are or on the grounds. 1.1. C NTRACTOR is also required to provide uniforms and • �� 11 a badges for all field personnel. 12. P une plant materials adjacent to roadway intersections ' provide adequate sight distance for vehicles b tering the intersection. ' 13. P une plant materials so that all traffic control •signs are clearly visible to approaching drivers . 14. C mpile and maintain "as builts" of all irrigation S stems to include location and serial numbers of jor components. Turn over to CITY on termination ' O agreement. 15. C NTRACTOR shall not block bike trail with equipment materials during .or after his maintenance operations . ' 16. ke and remove debris , trash and other materials a nimum of twice a week. • 17. em'move from park and parkways any and all animal •feces r materials detrimental to human health daily. 18. C NTRACTOR shall submit a work schedule identifying the er of persons working in Che area and the anticipated urs of Work for each week. • I• Extra work 1. ixtra •work will not be performed without prior apprCval by�CIrY unless a condition existp -Wherein it appears. 1 X26- •. ' there is AV of injury to persons damage to ' .property. . ' 2.• Extra work may be required by the CITY as a result of - acts of God, vandalism, theft, civil disturbances or accidents. - $. 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 20 percent • of materials. S. T e Director of Public works, or his authorized r presentative, is authorized to approve extra w rk up to 25 percent of the annual cost of the A reement. Standards o Performance • ' All other p rtions of this Agreement notwithstanding, it is agreed that the intent of this maintenance contract is to provide . • a level of „aintenance that will present a pleasing and desirable ' appearance t all tLies. CONTRACTOR agrees to maintain all designated areas cover d by this Agreement at such level. ' '• it t t t t * tt # * *' : : : * * : � , C. i c ti-oyrs> _ /��j��✓ l iY �. - . .�./>./ _ � J /f -�I �,-.. _ G�-�� l�c� -,... J.'ilJ 3?--�-;�jTLANIPAND SPECIF16T— IGS Fd., : .�"�//°'' �';; / may„ /� +.L,i✓,_ `<'_= �'�,�/ .�_� _' .,:T. :I.-�'' � �/ -� �/ � �� , /� Tentative •Contract Award Date: NAME jam/ 1��D I:�S Pi�0 E ..._-_ W1 z - -- < s I I I � f ,ip CITY OF SAN JUAN CAPISTRANO 1 ORANGE COUNTY 1 STATE OF CALIFORNIA 1 SPECIFICATIONS & CONTRACT DOCUMENTS FOR THE MAINTENANCE OF LANDSCAPING IN ' CTS 7673, 8485, 9382 , 9284 , 9373 and 7654 1 . 1 1 ' 1 CITY COUNCIL PHILLIP R. SCHWARTZE, MAYOR 1 ANTHONf L. BLAND KENNETH E. FRIESS LARRY F. BUCCHEIM GARY L. HAUSDORFER ' W. D. Murphy 1 DIRECTOR OF PUBLIC WORKS March 1982 i I I i 1 I�, TABLE OF CONTENTS 1 CONTRACT DOCUMENTS NOTICE INVITING BIDS, . . . .. . . . . . . ... . . . . .. . . . . . . . . . . 1 SIDPROPOSALI . . . . . . . . . . . ... . . . . .. .. . . .. . . . . .. . . . . . . . . . 3 NON—COLLUSIO0 AFFIDAVIT. . . . . . . . ..... . .. . .. . . . . . . . . . . . . 8 ' INSTRUCTION TO BIDDERS. . . . .. .. . . . . . . . . . . . .. . . . . . .. .. . . 9 ' AGREEMENT. . . . . . . . . .. ... ... 0 . . . . . . . . . . . . .. . . : . . . . . . . .. 12 SIDBOND. . . . . . . . .. . . . . .. .. . . 18 FAITHFULPE ORMANCE BOND. . . . . . . ... . . . . . . . ... . . . . . . . . . 19 LABORAND MA(IERIAL BOND. . .... . ...... . ... ..... . . .... ... 20 ' GENERALPROVISIONS. . . . . ... . .. . . . ... . . . . ... .. . . . . . . . . .. 21 . s f 0 1 . N O T I C E I N V I T I N G B I D S ' public notice is hereby given that the City Council of the City of San Juan Capistrano will up to 2 :00 p.m. on the 30th day March 1982, receive sealed proposals or bids for the .Maintenance of Landscaping in Tracts 7673 , 8485 , 9382 , 9284 , 9373 and 7654. accordance with the approved specifications on file in the office the City Clerk of the City of San Juan Capistrano, City Hall , 400 Paseo Adeanto, San Juan Capistrano, California. Bids will be �ceived until the time hereinbefore indicated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, jlifornia. NO bidill be received unless it is made on a proposal provided ty, thin these specifications. Each proposal or bid must be accompanied acertified check, cash, cashier' s check or bidder ' s bond payable the City of San Juan Capistrano in the sum of not less than ten fercent of the amount. The bid check, cashier' s check or bidder's bond of the successful bidder will be forfeited to said Citv in the event such successful bidder failed 0 enter into the required contract within 25 days after e written noice that said contract has been awarded to him for the work. A pre-b d conference is scheduled at 10: 00 a. m. on the 24th day of March 1982, at the City Offices. The contractor a 1 have the opportunity for clarification or interpretation of any int or point of question within the contract documents or specifi- ations. It i the contractor's responsibility to be in. attendance at this confer nce to receive any information disclosed during the Sproceedings , f r the City shall not disseminate anv records of the Conference. E elusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions , explanations , 'Or interpretat on 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 C lifornia, copies of the prevailing rate of per diem wa es , as dete mined by the Director of the State Department of ndustrial Rel tions, are on file in the office of the City Clerk and ' shall be made vailable to any interested party on request. i i Copies of the specifications are on file in the City Clerk's Fepartment, City of San Juan Capistrano, 32400 Paseo Adelanto, an Juan Capistrano, California. Copies of the specifications for use in preparing bids may be obtained at the City Clerk' s .Department, Sn Juan Capistrano, at the address shown above. re set of specifications is available for each general contractor oposing to submit a bid for said work. A charge in the amount Of $5. 00, non-irefundable, 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 bid er shall state the California Contractor's License 'number of suc bidder so bidding, as no bid will be accepted from a Contractor wh has not been licensed in accordance with the pro- visions of th laws of the State of California relating to licensing 'Of contractor . This notice is hereby given and published by order of the City Council of tht City of San Juan Capistrano, and is dated this 9th day of March 1982 . Zez<,. - e MARY A.M HANOVER, CITY CLERK CITY OF SAN JUAN CAPISTRANO -ORANGE COUNTY, CALIFORNIA ' The suc essful bidder, simultaneously with the execution of the Contract , wi 1 be required to furnish a faithful performance bond equal in amo nt to one hundred percent (100%) of the contract price " ' and a labor nd materials bond equal in amount to one hundred percent (100" ) of the contract price. ' The Cit Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choos that which in the opinion of said City will best ' Serve the in crests or needs of said City. I i -2- . i " SID PROPOSAL Bid opening ' For the: Maintenanc1e of Landscaping in From Tracts 767,3 , 8485 , 9382, 9284 Contractor I 9373 and 7654 To the Honorable City Council City of San Juan Capistrano :Gentlemen: h has carefully examined that e The tinderli nod, as bidder, declares Y 4 the locat ' ons (s) of the proposed work as described, examined the Specifics ions and general conditions therefor, read the instruc- tions to idlers , and is familiar with all proposal requirements , ' and hereb_ proposes and agrees, if the proposal is accepted to provide a 1 necessary labor, machinery, tools , equipment and all • other uti ity and transportation servicesrequiredto perform the � • landscape maintenance in accordance with the specifications for the maint nance of Landscaping in Tracts 7673 , 3485 , 9332 , 9234 , • 9373 and 7654 rn the time stated 'herein, or the 1 imp sum given on the following pages of this proposal. ' In case o discrepancy between unit prices and the extension there- of, the u it price shall prevail and bids will be computed as Indicated above and compared on the basis of corrected totals. It- is als understood by Bidder that the City of San Juan Cap- istrano h s the right to reject this proposal or to award a Contract o the undersigned at the prices stipulated. If the proposal s rejected, then the enclosed check or bid bond shall be . returned o the undersigned within thirty (30) days. If the pro- posal is ccepted and the undersigned fails to enter into a contract within fi teen (15) days after the agreement is delivered to him for signer ure, or within such further time as may be granted by the City ouncil, then said check, shall .be cashed or said bond declared crfcit and an amount equal to the difference between the loves bid and the next lowest bidder who will execute a Contract hall be paid into the treasury of the City of San Juan Capistran as liquidated damages for the failure of the undersigned 'tb comply with the terms of this proposal. Accompany ng this proposal is (insert •S * cash" , "cashier's check" , "cert.i£ied check" , or biddu ' s bond" as the case maybe) in an amount equal to at 1 least tcn percent (10;) of the total bid. -The following is the name and place of business of the surety ' Company which will furnish the required bonds as surety if the Work is awarded to the undersigned: I ' *Licenced in accordance with an act providing for the registration of contractors - - License No. 'Signature of bidder: (If an in ividual, so state. If a firm or co-partnership, state the firm ame and give the names of all individual co-partners Composing the firm: President, secretary, treasurer and manager t ereof. ) Dated• 19` ' business address » _• Telephone As you are required to review each location prior to the submittal ' of yourbi please identify any existing/anticipated problems ociat assed with each project area. ' r i � ro v � � r � � r■� r � � r � � � � � r � � � AREAS TO B•INTAINED BY THE DISTRA TRACT 7673. .828 Acres The Ortega Highway, right-of-way, exclusive of the street section to the southerly curb, along the northerly boundary of said tract, and the are lying northerly of the curved walls at the inter- Section of �rtega Highway and Via Cuartel, being a portion of Lots 1 and 79 of said tract. Logit C of said Tract The westerly two feet, lying northerly of Lot -B, of said tract, being a•portion of� Lots 71 and 72 of said tract. The slope a ea along the westerly boundary, lying southerly of Lot B, and westerly of the block wall, being a portion of Lots 44 through 52 inclusive, of said tract. The slope area along the northerly right-of-way of Calle Arroyo, ' exclusive of street intersections, lying southerly of the block wall, being a portion of Lots 32, 43, 44 and 61 of said tract. TRACT 8485 � .802 Acres The Ortega . ighway right-of-way, exclusive of the street section to the southerly curb, along the northerly boundary of said tract, and ' the area lying northerly of the curved walls at the intersection of Ortega Highway and Via Errecarte, including that area extending from the intersection of Via Anzar and Via Errecarte to the block wall entrance, being a portion of Lots 1 and 74 of said tract. The slope area along the northerly right-of-way of Calle Arroyo, including the portion of said right-of-way lying northerly of the 5 foot wide sidewalk, including the northeast side of Via Estenaga extending from the intersection of Via Estenaga and Calle Arroyo to the intersection of Via Estenaga and Via Ordaz, being a portion of Lots 12 through 24 , inclusive, a portion of Lot 54,. of said tract. The slope a ea along the westerly right-of-way of Avenida Siega, 1 including the portion of said right-of-way lying westerly of the S foot wide sidewalk, being a portion of Lots 10 through 12, in- clusive, of said tract. TRACT 9382 3.868 Acres The Ortega iqhway right-of-way, exclusive of the street section to the norther y curb, along the southerly boundary of said tract. The slope a ca along the northerly right-of-way for Ortega Highway, lying south rly of the block wall, being a portion of Lots 1 through 8, nclusive, of said tract. _5_ CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA SPECIFICATIONS & CONTRACT DOCUMENTS FOR THE MAINTENANCE OF LANDSCAPING IN TRACTS 7673, 8485, 9382 , 9284, 9373 and 7654 CITY COUNCIL GARY L. HAUSDORFER, MAYOR ANTHONY BLAND PHILLIP R. SCHWARTZE LARRY BUCHHEIM KENNETH E. FRIESS W. D. Murphy DIRECTOR OF PUBLIC WORKS February 1981 TABLE OF CONTENTS CONTRACT DOCUMENTS NOTICE INVITING BIDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 BID PROPOSAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 NON-COLLUSION AFFIDAVIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 INSTRUCTION TO BIDDERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 BIDBOND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 FAITHFUL PERFORMANCE BOND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 LABOR AND MATERIAL BOND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 NOTICE INVITING BIDS Public notice is hereby given that the City Council of the City of San Juan Capistrano will up to 2: 00 P.M. on the �Sth day of February 19 81 , receive sealed proposals or bids for the Maintenance of Landscaping In Tracts 7673 , 8485 , 9382 , 9284, 9373 and 7654 ' In accordance with the approved specifications on file in n he office Of the City Clerk of the City of San Juan Capistrano, City Hall , 32400 Pa$eo 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 accom- panied 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 fails 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-bio conference is scheduled at 10 : 00 A.M. on the 19th day of February 19 81 , at the City offices. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the contract documents or specifications. It is the contractor' s responsibility to be in attendances at this conference to recive 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 in- structioAs , explanations , or interpretation of the specifications and contract documents presented to the bidders in any manner. BIDDERS ARE HEREBY NOTIFIED '.'NAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wage's , as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. ' _1- Copies of the specifications are on file in the City Clerk' s Department, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the specifications for use in preparing bids may be obtained at the City Clerk' s Department, San Juan Capistrano, at the address shown above . One set of specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $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 provisions 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 4th day of February, 1981 . MARY J " HANOVER, 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 (1008) of the contract price and a labor and materials bond equal in amount to one hundred percent (1000 of the contract price. The City ;Council reserves the right to reject any and all bids received 'sand 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. -2- ' BID PROPOSAL Bid Opening For the: Maintenance of Landscaping in From /dyd L�7iJD5f�b/�G�_ Tracts 7673 , 8485, 9382, 92841 Contractor 9373 and 7654 ' 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 Tracts 7673 , 8485 , 9382 , 9284 , 9373 ,and 7654 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, thie 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 damages for the failure of the undersigned to comply with the terms of this proposal. Accom anying this proposal is %3 � (2"i (insert , pg °=— cash" , "cashier ' s check" , "certified check" , or "biddcr' s bond" as the case may be) in an amount equal to at ' least ten percent (10" ) of the total bid. -3- I' ' 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: Licenced in accordance with an act providing for the registration ' of contractors - - License No. (2-2,7 2�3`f'Iad Signature of �bidder: (If an; individual, so state. I£ a firm or co-partnership, state ' the firm name and give the names of all individual co-partners composing the firm: President, secretary, treasurer and manager thereof. ) Dated; � 19�/� 1�27ox Business address Telephone F AREAS TO BE MAINTAINED BY THE DISTRICTS TRACT 7673. . 828 Acres The Ortega Highway, right-of-way, exclusive of the street section to the southerly curb, along the northerly boundary of said tract, and the area lying northerly of the curved walls at the inter- section of Ortega Highway and Via Cuartel, being a portion of Lots 1 and 79 of said tract. Lot C of said Tract The westerly two feet, lying northerly of Lot B, of said tract, being a portion of Lots 71 and 72 of said tract. The slope area along the westerly boundary, lying southerly of Lot B, and westerly of the block wall, being a portion of Lots 44 through 52 inclusive, of said tract. The slope area along the northerly right-of-way of Calle Arroyo, exclusive of street intersections, lying southerly of the block wall, being a 'portion of Lots 32, 43, 44 and 61 of said tract. OTRACT 8485 . 802 Acres ' The Ortega Highway right-of-way, exclusive of the street section to the southerly curb, along the northerly boundary of said tract, and the area lying northerly of the curved walls at the intersection of ' Ortega Highway and Via Errecarte, including that area extending from the intersection of Via Anzar and Via Errecarte to the block wall entrance, being a portion of Lots 1 and 74 of said tract. ' The slope area along the northerly right-of-way of Calle Arroyo, including the portion of said right-of-way lying northerly of the 5 foot wide sidewalk, including the northeast side of Via Estenaga extending from the intersection of Via Estenaga and Calle Arroyo to the intersection of Via Estenaga and Via Ordaz, being a portion of Lots 12 through 24 , inclusive, a portion of Lot 54 , of said tract. ' The slope area along the westerly right-of-way of Avenida Siega, including the portion of said right-of-way lying westerly of the ' S foot wide sidewalk, being a portion of Lots 10 through 12, in- clusive, of said tract. TRACT 9182 3. 868 Acres The Ortega Highway right-of-way, exclusive of the street section to the northerly curb, along the southerly boundary of said tract. ' The slope area along the northerly right-of-way for Ortega Highway, lying southerly of the block wall, being a portion of Lots 1 through 8, inclusive, of said tract. -5- TRACT 9382 - CONTINUED The slope area long the easterly right-of-way of Belford Terrace, . including the portion of said right-of-way lying easterly of the ' 5 foot wide sidewalk, bounded on the south..by Ortega Highway, and bounded on the north by Rosedale Drive, being a portion of Lot 1 of said tract. ' The southerly 10 feet of the 56 foot wide right-of-way of Rosedale Drive, bounded on the west by Belford Terrace, and bounded on the east by a line parallel with and distant 65 feet from the center- line of Belford Terrace. The remanufactured slopes lying within Lots 62 , 63 , and 64 of said ' tract, excepting therefrom the portion of the remanufactured slope within Lot 62 lying southwesterly of the southwesterly line of the 150 foot wide easement to San Diego Gas & Electric Company, as shown ' on the map of said tract. TRACT 9284 2. 350 Acres ' The remanufactured slopes within Lots 1, 6 , 7, 8 , 9, and 22 of said tract, and the remanufactured slope along the easterly right-of-way for Paseo Peregrino, lying easterly of the angle point in the center- line of said Paseo Peregrino, being a portion of Lot 16 of said tract. TRACT 9373 4.370 Acres All of Lot A of said tract. The 32 foot wide drainage easement, and the adjacent 10 foot wide equestrian easement along the southwesterly boundary, of said tract, being a portion of Lots 100 through 102 of said tract. The remanufactured slopes within Lots 52 through 60 inclusive, and ' Lots 111 through 118, inclusive, of said tract. The 10 foot wide equestrian easement along the northeasterly boundary ' of said tract. All of Lot A of said Tract 7654. The 15 foot wide drainage easement within said Tract 7654 , along the northerly boundary of said Tract 7654. ' Detailed landscaping plans for each Tract are on file in the San Juan Capistrano Planning Department. Each tract is to be bid separately, however, award will be' made on ' the cumulative total. ' -6- TRACT 7654 The remanufactured slopes within Lots 47 through 55, inclusive, and within Lot 58 of said tract and the slope areas within Lots 33 through 42, inclusive, and within Lots 45 and 46. The remanufactured slopes along the southerly and westerly boundaries of said tract lying within Lots 12 through 19, Iinclusive. The sloping area on the southeast corner of San Juan Creek Road and La Novia Avenue bordered by Lots 1, 2 , 3 , and 4 of said tract on the east, La Novia Avenue on the west, San Juan Creek Road on the north and Camino La Ronda on the south. a Monthly Cost for Tract 7673: $ Annual Cost for Tract 7673: $ 6,6OU Monthly Cost for Tract 8485: $ 1 yv Annual Cost for Tract 8485: $ �GGd u Monthly Cost for Tract 9382 : $ l OQ 4 ' ov Annual Cost for Tract 9382 : $ — a ' Monthly Cost for Tract 9284: $ S �r / ,o Anhual Cost for Tract 9284 : $ / LEE ' Monthly Cost for Tract 9373 : $ /Za., Annual Cost for Tract 9373 : $ o; Monthly Cost for Tract 7654 : $ Annual Cost for Tract 7654r $��6« dam 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. 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'.f `el`\>.� Ir , ,a at ' NON-COLL I AFFIDAVIT TO BE EXEC* BY BIDDER AND SUBMITTED WITH BiD ' STATE OF CALIFORNIA ) County of ��' '=.j ss. being first duly sworn deposes and says that lie is �/'�v of the party making the foregoingd; that such bid is not made in the interest of or on behalf of any undisc osed person, partnership, company, association , organization, or corporatio ; that such bid is genuine and not collusive or sham; that said bidder h4 not directly or indirectly induced or solicited any other ' bidder to putlin a false or sham bid, and has not directly or indirectly Colluded, con pired, 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, co 'municatioa 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 conte is thereof, or divulged information or data relative thereto, or aid and will not pay any fee in connection therewith, to ' any corporation, partnership, company, association, organization, bid depository, r to any member or agent thereof, or to any other indi- vidual excep to any person or persons as have a partnership or other financial in erest with said bidder in this general business . T sy 'icb ' Subscribed and sworn to before me this �. day of 19j / 1 � Not, ry Publicx in and for said County and State ♦ OFFICIAL SEAL JOAN MARSELLE i ♦ ;�ffi'.i 6" fro NOTARY P❑ • ® .,y; BUC CA LIFORNIA0 • — PRINCIPAL OFFICE IN • • NCtr ORA ♦ . •, .• (HInITV • My Commission Expires May 13, 1983 1 ' ONSTRUCTION TO BIDDERS • Secur.in:; Documents. specification documents will be available. for examination without charge and copies may be secured in accori:ance with the "Notice Inviting Bids. " Examination of Specifications and Site of fork. The bidder is required to examine the site of work, the proposal, and the specifications very carefully. Ile shall satisfy himself as to the character, quality and quantities of the work to be performed, the material_ to 'be furnished and the requirements of the Contract Documents. Disqualification of Bidders. No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a •sub-propos 1 to a bidder, or who has quoted prices on materials to a bidder , is riot hereby disqualified from submitting a bid in his own behalf. Proposals. Bids to receive consideration shall be in accordance with the following `. instructions :) A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out, and the signatures of all persons signing shall be in longhand. B. All prices and notations must be in ink or. typewritten. No erasures -,Till 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 dote. Alternate proposals will not be considered except as rcuired hereinabove. No oral, telegraphic or. telephonic propo^nls or modifications will be considered. D. The 4ty may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equip}n.nt and references properly and fully filled out: E. Each ��iddcr must accompany his bid t•.ith either a cashier ' s Check u11O11 t:o`"O respoit::.ib.lc bank , or a properly certified Check upon such ban}: , or an approved corporate surety bond payable to the City for such a sum of 110't lits: than ten (10) -9- ` • • percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by 1 the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. The b�.dder 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. I A bid received and not accompanied by such cashier ' s checks, certified check or approved bond shall be rejected. F. Bids shall be delivered to the City at the location stipulated, onor before the day and hour set for the opening of bids , as hereinbefore specified in the "Notice Inviting Bids. " Bids shall be enclosed in a sealed envelope bearing the title of the work and the name of the bidder. Licensing of Contractor. - All persons, (firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawl of (Bids. Any bidder may withdrar: his bid in person or by written request at any time prior tc the scheduled closing time for receipt of bids. O cninq of Bk Proposals. Proposals. The City c•:ill , in open session, publicly open, examine, and declare the bids at the time set forth in the "Not-ice Inviting Bids. " Bidders or their autlorized representatives are invited to be present. Intervi.cw of Bidders If deemed no, essary, the three lowest bidders will be requested to appear for interviot- bnf:or.e the Director of Public Works or his authorized rcpresontati. Awar.l of Crntl{Tact or roiection of Bids. No b.iddor may %:ithdraw his bid for a period of forty-five (45) days after the date set for tho oponing of bids. The contract- for the work will aithor 110 aw,Ijt:C •d or tho bili: rc-jcct-ed within "the forty-five (45) days Vfrom the CLI V6 not: for the oponirng of bi.i:c. -10- The contract• for the work will be awarded to the lowest responsible bidder Complying with these i.n!;truct.ions and with the "Notice Inviting bids. " The City, ho%,7cver, reserves tho tight to reject any or all bids And to waive any nonconformity in the bias received. The bidder to whom the award is made shall execute a written Contract with the City and furnish the stipulated bonds within ten (10) days after the notice of: award of contract. The Contract Agreement shall be made in the form adopted by the Citv. The release of the successful bidder ' s surety deposit, as previously stipulated, shall be made upon the City ' s adceptance of the Labor and !Materials Bond and the faithful Performance bond. If the biddc to whom the award is made fails to enter the contract as herein proviced, the award may be annulled and an award may be made to the next owcst responsible bidder; and such bidder shall ft:lfil.l every stipulation i,�braced herein, as if he %sere the patty to whom the first Award was mace. A corporation to whicl, an award is made shall furnish evidence of. is corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. Bonds. I The successful bidder, simultaneously with the execution of the Agrec�mc:nt, will be required to furnish a Labor and I•Iaterials Eond in a sum not less than one hundred percent (lou"a) of the total a.aouut payable by the terms of the contract and a faithful Performance Bond in a sum not less than one hundred percent (1000 of the amount of the contract. Said bonds shall be secured from a surety company satisfactory to the City. ' Surety companies , t be acceptable to the City, must be authorized to do business in the State of California and be on the accredited list of the United States Treas ry. Time of Performance. The wort: shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently prosecuted for a period of lzuclve (12) months. Assignment o Contract. No assignmen - by the Contractor of any contract to be entered _.nt-o hereunder or I any pari: thereof, or of fungi:; to be r.cccivcd t-herouid -r by the CouLrdictor, will be recognized by the awarding authority and the surety has b 21 given notice of such assiY11mcnt in u•:riti.ng and has con- sented them .o in writing. l�or 3:ru•n an.l Attrntiun i:: ;aILICI.fically directcd to all provisions of the Labor Code +� nf the Statcil of California u•:ith ro(lard to u•;or'.;nan aitcl t•:ages . t;a�tes sh.: ll. not be less than prevailing wage rates determined by the CITY pursuant to said Code an as listed in the "NOTICE INVITING BIDS. " -11- i City Copy AGREEMENT - Tract 7673 LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS 7673 , &4aiXA1&RXXRRRAXXRARA MaX1654 THIS AGREEMENT is made and entered into this 17th day of March , 1981 , between the City of San Juan Capistrano , hereina€ter referred to as "CITY" and_ TOMO Landsc4 ng , hereinafter referred to as "CONTRACTOR" for landscape maintenance of specified portions of Tracts 7673 , 80GaX.V3XZ, X9aMX XXXRI%8&. 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 16th day !of March 1981 , and shall remain and continue .ui efeffectk for a period of twelve (12) months thereafter subject to extension or termination as described in Section 13 or Section . 14. SECTION . 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 tolprovide 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 foll6wi.ng consideration: SPECIFIED AREAS IN TRACTS 7673 , 9X334Xa3X2{X TOTAL MONTHLY COSTS $ 500 .00 TOTAL ANNUAL COSTS $ 6 ,000 . 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 su�mit detailed invoices with back-up vouchers for all charges ther than monthly costs for item above. At the sole discretion of the Director of Public Works , addition's or deletions may be made to this agreement which may result iin 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. -12- R E E M F ^I T - Tract 895 LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS NANS , 8485, } )CX9=3KXX"72 XKVX)a6a4C THIS AGREEMENT is made and entered into this 17th day of March , 19 81 , between the City of San Juan Capistrano, hereinafter referred to as "CITY" and Toyo Lan 'c hereinafter referred to as "CONTRACTOR" for andscane maintenance of specified portions of Tracts XK 8485,. , 9 $ XfX € 1X � i 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 16thday of March 19$1 , and shall remain and continue u'-i 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 TRACTS X7; =, 8485 , M9Va4M4; MXXX3#dX"3XX TOTAL MONTHLY COSTS $ 550 .00 TOTAL ANNUAL COSTS $ 6 ,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 Oayment 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 writ.inq ,and r;hall too identified as addendums to this agreement. The affected areas will be classified, measured, and priced in accordance with the unit costs specified above. -12a- CITY COPY AOR F F, M F. N T - Tract 939 LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS 7E73:�XEA355; 9382 , ,=3'XX THIS AGREEMENT is made and entered into this 3rd day of March 19 81 , between the City of San Juan Capistrano, hereinafter referred to as "CITY" and Toyo Landscape , hereinafter referred to as "CONTRACTOR" for andscape,rmaintenance of specified portions of Tracts XXBf $ 9382, 79�g4C�C}�$PCXtSSUX The implementing authority for the CITY shall be the Department of Public Works. W I T N E S S E T H: SECTION 1. TERM. This Agreement shall commence on the 16th day of March 19 81 , and shall remain and continue n effectifor a period of twelve (12) months thereafter subject to extension, or termination as described in Section 13 or Section . 14. SECTION 2. MAINTENANCE: Maintenance shall include but not be limited to slopes , parkways and other specified areas in above referenced tracts. CONTRACTOR may be required to perform extra work as deemed necessary by the Director of Public Works. SECTION 3. MEASUREMENT AND PAYMENT: CONTRACTOR shall agree to !iprovide all necessary labor, macninery, tools , equipment and all other utility and transportation services required to per- form the Ilandscape maintenance in the manner specified herein for the following consideration: SPECIFIED AREAS IN TRACTS 7KXXXX8XS7) , 9382 , }6CM4 �SRSX$f€NXXBB�'X TOTAL MONTHLY COSTS $ 1, 000 . 00 TOTAL ANNUAL COSTS $ 12 , 000 . 00 jPayment for any extra work directed by CITY shall be the actual cost of labor plus wholesale cost of material plus 20 percent. ) i Monthly payments to CONTRACTOR will be made on the regular day for ayment of City bills by the City Treasurer. CONTRACTOR shall sutmit detailed invoices with back-up vouchers for all charges other than monthly costs for item above. At the sole discretion of the t)irector of Public Works , additions or deletions may be made to this agreement which may result ih an increase or decrease in the areas and acreage to be maintained. Such changes will be submitted to CONTRACTOR in Writiml „incl shill he identified as addendumc to this agreement. The affected areas will be classified, measured, and priced in accordan;cc with the unit costs specified above. -12b- , AWEEMENT - Tract 920 LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS 7GXYXSgXk}73R 9284, YihtT:`7Y:5:4S THIS AGREEMENT is made and entered into this 3rd day of March , 19 81 , between the City of San Juan Capistrano , hereinafter referred to as "CITY" and Toyo Landscape , hereinafter referred to as "CONTRACTOR" for landscape ,maintenance of specified portions of Tracts 3X=XW4 XV3=, 9284, 9XMXKJX 4X 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 16thday Of March 1981 , 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 TRACTSX'3S$3YX8XWX) C, 9284, 91��SX3itYdXBX�sl§X TOTAL MONTHLY COSTS $ 565 .00 TOTAL ANNUAL COSTS $ 6 , 780 .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 summit detailed invoices with back-up vouchers for all charges Other than monthly costs for item above. ' At the sole discretion of the nirector of Public flnr?:s , addition,, 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 .5Tld c01111 hr identified as addendum- to this agreement. The affected areas will be classified, measured , and priced in accordance with the unit costs specified above. -12c- A4)R r F Kt r N T - Tract 93• LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS WK7WXS4,85k,'X33S2V:V'Z 'V* 9373 THIS AGREEMENT is made and entered into this 3rd day of March , 1981 , between the City of San Juan Capistrano, hereinafter referred to as "CITY" and Toyo Landscape , hereinafter referred to as "CONTRACTOR" for landscape maintenance of specified portions of Tracts 7673 , 8485 , 9382, 9284, 9373 and 7654. The implementing authority for the CITY shall-15c-the Department of Public Works. W I T N E S S E T H: $ECTION 1. TERM. This Agreement shall commence on the 16thday of March 1981 , and shall remain and continue 1n ffect for a period of twelve (12) months thereafter subject to extensionior 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 rovide all necessary iabor, machinery, tools , equipment and all o her utility and transportation services required to per- form the landscape maintenance in the manner specified herein !or the following consideration: SPECIFIED AREAS IN TRACTS XR�XS3�XB�� XXy 9373 XhdXNS5A TOTAL MONTHLY COSTS $ 1, 200 .00 TOTAL ANNUAL COSTS $ 14, 400 .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 increa-e or decrease in the areas and acreage to be maintained. Such changes will be submitted to CONTRACTOR in writinq ,ir:,l Miall lit, identified as addondums to this agreement. The affected areas will be classified , measured , and priced in accordance with the unit costs specified above. -12d- A O E E M E N T - Tract 76* LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS 76X3 � A88XH$B�KXX1& XO�{§t amd 7654 THIS AGREEMENT is made and entered into this 3rd day of March , 1981 , between the City of San Juan Capistrano, hereinafter referred to as "CITY" and Toyo Landscape , hereinafter referred to a,977"CONTRACTOR" for andscape maintenance of specified portions of Tracts SR�AXX ��$ffi, XX57654. 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 16th day of March 1981,- , and shall remain and continue ineffect 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 TRACTS 7H224X2AAD ,N93 32{XX92&1X 2223X)§t)3X 716 5,. ' TOTAL MONTHLY COSTS $ 1, 050 . 00 TOTAL ANNUAL COSTS $ 12 ,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 sutmit detailed invoices with back-up vouchers for all charges ther than monthly costs for item above. jAt the sole discretion of the Director of_Public Works , addition:] or deletions may be made to this agreement which may result in an increase or decrease in the areas and acreage to be maintjincd. Such changes will be submitted to CONTRACTOR in writing ,incl shall he idonti £icd as addendum-- to this agreement. The affected areas will be classified, measured , and pricedin aceordanCc with the unit costs specified above. -12e- SECTION 4 . •GENERAL PROVISIONS : General provisions for the wpr.k to be performed are contained herein and are made a part of this agreement by reference. SECTION 5. EQUIPMENT, LABOR AND Pnim, LING WAGES: CONTRACTOR shall use and iiiinish at his own cxpcnse all labor aLd equip- ment necessary for the satisfactory performance of the wort: set forth -in this contract. Eight 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 clay and 40 hours in any one calendar week. Rork per- formed in excess of eight hours per clay shall be permitted upon compen- sation 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 shoeing 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 rate, 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 G. CONTROL OF WORE: 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. hhen condition of a maintained area is determined by Director to be substandard due to inadequate or improper maintenance, monthly payaont ray be withheld until such condition is resolved to the satisfaction of the Director. . SECTION 7 . PROSMUTTON OF WOM The CONTRACTOR shall, begin maintai.ni.nq l-lndscaping w t.iin ii1Leen (15) clays after the execution of the agroomo nt by the CITY and shall diligently prosecute the same until the termination of the agreement. 1:0NDfi : Prior to the date of execution of this, agroog1:o11t by C1'rY, C'i)\"C:,.\C:';'c ' :shrill deposit with the CITY a sure Ly bond t:o sccuro t.hc1 fait-hf it poi: l:(irtllance of this Contract and a separate 1)"11,It(, :,ocllro p:1ym-nt of pCla011:> per"fO1'�i111I1,T 131301: al1�l ful. ni.,111ing Cn1,11orial :: it) '�cOn111ct: io)1 1,1th this; contract , each bond :11;11.1 bo. in J-11"0alounl. of not; roes;: th;ln Ono hundred 1,crccllt (I OV'.) of the a1:1ount. of this conlrarL. -13- 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 sha11 maintain a copy of this book on the job site at all times . The provisions of the Standard Specifica- tions 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 of contract price. The "Faithful Performance Bond" shall be held as assurance of guaranteed performance for a period of one year after acceptance of the improvements by the city Council. Change 2 : "Liability Insurance" The amounts and provisions of insurance are modified to be: Bodily Injury $ 500, 000 each person Bodily Injury $ 1, 000 , 000 each accident Bodily Injury $ 1, 000 , 000 aggregate products . 0roperty Damage $ 500 ,000 each accident FIroperty Damage $ 500 , 000 aggregate operations Property Damage $ 500 , 000 aggregate protection E#roperty Damage $ 500 , 000 aggregate products �F}}roperty Damage $ 500,000 aggregate contractual The contractor shall likewise obtain public liability and roperty damage insurance to cover vehicles used or main- lained by him, whether on or off the premises , with iability limits of not less than $500 , 000 , for any one derson, and $500 , 000 , for any one accident, and property amage of $500 , 000 . . The insurance amounts set forth herein ire the minimum amounts required by the City . Other gencies with which the contractor may be involved in the ccomplishment of the work may require greater amounts . the City will not recognize any claim for additional com- Oensation because of the requirement for greater amounts of insurance, as an element to be considered by the con- tractor in determining his bid. -14- SECTION 11. •SAFETY: CONTR-ACTOR agrees to perform all work outlined .in this contract in such manner as to meet all accented stan- dards for safe practices during operations and to maintain safe conditions of premises and ways at all tines, including safely stored equipment, :nachines, matorlals or debris, protected excavations, 01- .0010a: 11OWYQS consequen`iaV 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 OSI1P. and Cal; OSHA safety ozdcrs 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 poone followed by confirmation in writing to the Director of Public Storks or his representatives. SECTION 12. INDEMNITY PROVISION: The CONTRACTOR shall be responsible from the time of the beginning of operations , for 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 Mile liability imposed upon the CONTi'ACTOR On account of personal injury (including death) or property chunage suffered through the COXTKACTd;:' S negligence, which li-ability is not impaired or other- wiso affected hereunder, the CoNiRACTCR assumes the obligation to save the CITY and to inc.emnify the CITY from every expense, liability or payment: a0isir.g, out of or through injury (including death) to any person or polisons, or damage to property (rcaardles of l:'ho may be the owner of t"cproparty) of any place in which work is located, arising out! Of or S111ifCl'ed through ally act.: or O-alls:ion of the CONTRACTOR or alll subc,,ut1 cLor or anyone directly or inlirectly eniployC:d by or unclor ileo slit ,rvi ;:lon of any of then in the prosoc.ution of the- operation's illcludc.l in this contract . -15- 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 calen- dar 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 notwithstandi.ng, 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 sufficientif 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. ASSIGNMENT: CONTRACTOR may not assign this Agreement without prior consent and approval of CITY. jSECTION 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 gy SAN JU ISTRANO By GARY L. HAUSDORFER, OR Dated: 3/17/81 O RACTOR Toyo Landscaping By -16- ATTEST: MARY Aa HANOVER, CITY CLERK APPROVED AS TO FORA: JAMES S. OKAZAKI CITY ATTORNEY STATE 'OF CALIFORNIA ) COUNTY OF ,ORANGE ) •CITY OF SAN JUAN CAPISTRANO ) III, 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 Tracts 7673,R4=R%3WV2Rj,,MX)w=RM & 8485executed by the Mayor ,of the City Council of the City of San Juan Capistrano, California. MARY ANN H OVER, CITY CLERK -17- • . CITY COPY A G R F E M F. N T - Tract 9382 LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS 792UX912-S4 9382, XX9=X THIS AGREEMENT is made and entered into this 3rd day of March-1 19 81 , between the City of San Juan Capistrano, hereinafter referred to as "CITY" and Toyo Lands a e , hereinafter referred to as "CONTRACTOR" for landscape maintenance of specified portions of Tracts X1X MxX8f4ft5[, 9382, 191 �8R1XamXc 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 16th day ,,of March 19 81 , and shall remain and continue rn—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 referencd 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 TRACTS 7&XX4%X8R2J5 , 9382 , )9� 9;$XSX3fiiNXRB��X - TOTAL MONTHLY COSTS $ 1, 000 .00 TOTAL ANNUAL COSTS $ 12, 000 . 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 birector 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 Ixo identified as addendums to this agreement. The affgcted areas will be classified, measured, and priced in accordance with the unit costs specified above. -12b- AGREEMENT - Tract 9284 LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS 47Xe X9X954XVU:2 � 9284 , iiIWAXIW THIS AGREEMENT is made and entered into this 3rd day of March , 19 81 , between the City of San Juan Capistrano , hereinafter referred to as "CITY" and Toyo Landscape , hereinafter referred to as "CONTRACTOR" for landscape maintenance of specified portions of Tracts F16$ YX78 {X1D8 , 9284, i8)MXX 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 16thday of March 1981 , 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 � . referenc�d tracts. CONTRACTOR may be required to perform extra work as eemed 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 TRACTSX'$97-84X81aXW , 9284. g�g8x}(}(tpxXl,�lgx TOTAL MONTHLY COSTS $ 565 . 00 TOTAL ANNUAL COSTS $ 6 , 780 .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 forayment of City bills by the City Treasurer. CONTRACTOR shall s4mit 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 writinc7 'nnd -hall he identified as addendums to this agreement. The affected areas will be classified, measured, and priced in accordance with the unit costs specified above. -12c- A G R E F. M E N T - Tract 9373 LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS 77CgXggSX$B$ X 9373 AmidX2$S}4 THIS AGREEMENT is made and entered into this 3rd day of March , 1981 , between the City of San Juan Capistrano, hereinafter referred to as "CITY" and Toyo Landscape , hereinafter referred to as "CONTRACTOR" for landscape maintenance of specified portions of Tracts 7673 , 8485 , 9382, 9284, 9373 and 7654. The implementing authority for the CITY shall— the Department of Public Works. W I T N E S S E T H: 'SECTION 1. TERM. This Agreement shall commence on the 16thday of March 1981 , 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 TRACTS XR�S3jX$$$ XXq , 9373 KKUNASA TOTAL MONTHLY COSTS $ 1, 200 .00 TOTAL ANNUAL COSTS $ 14 ,400 .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 Emit of City bills by the City Treasurer. CONTRACTOR shall su mit 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 docrease in the areas and acreage to be maintained. Such changes will be submitted to CONTRACTOR in writing and ;hall he identified as addendums to this agreement. The affected areas will be classified, measured, and priced in accordanjce with the unit costs specified above. -12d- AGREEMENT - Tract 7654 LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS 7;B YKx�4 SSX8H8R$XXk4 � amd 7654 THIS AGREEMENT is made and entered into this 3rd day of March , 1981 , between the City of San Juan Capistrano, hereinafter referred to as "CITY" and Toyo Lan@sea e , hereinafter referred to as "CONTRACTOR" for andscape maintenance of specified portions of Tracts 2H22$X .XB$�2{, X904XgIMXM 7654. The implementing authority for the CITY shall be the bepartment of Public Works. W I T N E S S E T H: ;SECTION 1. TERM. This Agreement shall commence on the 16th day of March 1981 , 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 TRACTS 7H224X2 XX) XX92&V 2323X1t14X 7654 TOTAL M017THLY COSTS $ 1,050 .00 TOTAL ANNUAL COSTS $ 12 ,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 writincl Ond shall he identified as addendums to this agreement. The affected areas will be classified, measured , and priced in aecordan'ce with the unit costs specified above. -12e- SECTION 4. GENERAL PROVISTONS : General provisions for the work to be performed arc contained hes:cin and are made a part of this agreement by reference. SECTION 5. r-OCIPMENT, LABOR ANT) PP.LVAILIMG WALES: CONTRACTOR shall use and 11TY ish at his own e>:penie all labor ar.d equip- ment nccce.sary for the satisfactory performance of the wort: set forth - in this contract. Eight 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 1-:eck. Work per- formed in excoss of eight hours per clay shall be persaitted upon compen- sation 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 shocairSg 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 G. CONTROL OF WOPF: The Director of Public Works , or his authorized representatives, shall decide all questions which my 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 CONTr,%CTO::; all questions as to the interpretation of the specifications; and all questions as to compensation. IIis 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 Director to be substandard due to inadequate or improper maintenance, monthly p:iymclit may be c:ithhcld until such condition is resolved to the satisfaction of the Director. SEC',Il`ION 7 . PROS1?CiTTTOV OF WORK: The CO:dTP.71CTOR =:ha7.7. begin maintai.ninq laande;caping 1•:it.hin iftceit (15) clays after the execution of the the CITY and shall diligently prosecute the same until tile terminatipn of the agrcemcnt. SEC'T'ION 8, t^O%^aRT.CT 1'MMS : Prior to the date of. execution of this: a.;rrowont by CITY , Ci?NTL .,1C7'(�".- ::h:ll. deposit with the CITY a suri:ty 1,10111i to sccurc the: faithful porl:or111ancc of this contract an(l a saharato hon& to noclll.op: ym:•nt Of per::On:: per. forming lal:O.f anal furniah.in<1 lllat Pl'1(1) !: in 061111,-C•tion with this contract:, each bond shall ho in tho aulounl, bi r16t: lor.:; than (11u• Ihullrad 11urcent (100".,) of the '11:101111L. of th.i Conlrac-C. -13- 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 . We contractor shall maintain a copy of this book on the job site at all times . The provisions of the Standard Specifica- tions 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 of contract price. The "'Faithful Performance Bond" shall be held as assurance of guaranteed performance for a period of one year after acceptance of the improvements by the City Council. Change 2 : "Liability Insurance" The amounts and provisions of insurance are modified to be: Bodily Injury $ 500, 000 each person Bodily Injury $ 1 , 000 , 000 each accident Bodily Injury $ 1,000,000 aggregate products . Property Damage $ 500, 000 each accident Property Damage $ 500 , 000 aggregate operations Property Damage $ 500 , 000 aggregate protection Property Damage $ 500,000 aggregate products Property Damage $ 500,000 aggregate contractual The contractor shall likewise obtain public liability and property damage insurance to cover vehicles used or main- *ained 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- pensition because of the requirement for greater amounts Of insurance, as an element to be considered by the con- tractor in determining his bid. -14- SECTION 11. SAFETY: CONTP,CTOR agrees to perform all work outlined in t1lis contract in such manner as to meet all accented stan- dards for safe practices during operations and to maintain safe conditions of premicos and vat's at all ti.n7es, including safely stored equipinont, machines, materials or debris, protecLed excavations, or oLher hazards eonsequenIHal or related to his work; and agrees additionally to accept the sole re=sponsibility 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 OMUI and Cal; OSHA safety orders at all times, so as to protect all persons, including CONTRACTOR employees, agents of CITY, vendors, ine-tubers of the public or others from foreseeable injury, or damage to their property. Critics, thefts, vandalisms, hazards, etc. shall be initially reported by phone 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, for all injury or daipage of any kind resulting from said operations to persons or property regardl.es; of who may be the owner of the property. In addition to the liability imposed upon the CONT'.'ACTOR on account of personal injury (including death) or property damage sufferci through the CONTRAC'TD!!' S negligence, which liability is not impaired or other- wise affected' hcreunder, the CO . RACTOIt assumes the obligation to save the CITY harmlc^s and to incrmnify the CITY from every e>.pens-e, liab17-lity or paymcnt ar,,� ti.t27:, out of or through injury (including death) to any person or persons or damage to property (rcgardless of ul-io racy be the owner of the prop:rt.y) of any place in which work 1s loca Led, arisinCj out of or stut'forcd through any act or omission of the CONTRACTOR or any subc.nkt r; .I.or or anyone c;irectly or i.ndi redly eml,loyc•Ll by or uncler the• sut .^rvie:ion of "ny of thcln in thr prosecution of the operations includ..l in Lhis c-nnt.ract. • -15- 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 calen- dar 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 sufficientif they are deposited in the United States mail in envelopes , postage prepaid by registered or certified mail, • addressedlas follows: ( CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto jSan Juan Capistrano, CA 92675 , SECTION 16. ASSIGNMENT: CONTRACTOR may not assign this Agreementwithout prior consent and approval of CITY. SECTION 17. LICENSING REQUIREMENTS : CONTRACTOR is required o possess either a valid C-27 Landscape Maintenance License or a vali 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. IIN WITNESS WHEREOF, the parties hereto have executed this Agreement at San Juan Capistrano, California, the day and year first above written. CITY 0F,1SAN JUAN C P TRANO By GAPX L. HAUSDORFER, YOR Dated: la NTRACTOR Toyo Landscaping By G! G3 GFS ` -16- ATTEST: MARY HANOVER, CITY CLERK APPROVED AS TO FORM: S S. OKAZAKI , CIT ATTORNEY STATE 'OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SAN JUAN CAPISTRANO } 1, 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 (L)r Land- scaping in Tracts 7673,8485,9382,9284,9373 anri 7654 executed by the Mayor�of the City Council of the City of San Juan Capistrano, Californi . MARY ANN NOVER, CITY CLERK i -17- BOND NO. 000180-5 (SAMPL13 BID BOND KNOW ALL KLN BY THESE PRESENTS, . that we, TOYO LANDSCAPING COMPANY as Principal, anaURETY INSURANCE COMPANY OF existing under ' the laws of the State of CALIFORNIA , , and whos al office Is located in the City of LA HABRA , as surety are jointly and severally bound unto the CITY OF SAN JUAN CAPISTRANO of Orange County , California, in ,the sum of 10% NOT TO EXCEED FIVE THOUSAND AND N01100-------- DOLLARS '* L0 $ 5,000.00 ) , Lawful. money of the United States of America to be paid to the said , QITY OF SAN JUAN CAPISTPuINO, for which payment well and truly to be made , we bind ourselves , our heirs , successors , executors, adminis- trators and assigns , jointly and severally, by these presents . THE CONDITION OF T11IS OBLIGATION is such that whereas the Principal has submitted t fvr>� 'i13 aBsc 3 qt p�ARY 25 , 1981 , for the construction of 7673 8485 9882, 9284, 9373 and 7654 for the CITY OF SAN JUAN CAPISTRANO, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) clays after the opening of same , and shall within fifteen (15) days after the agreement has been presented to him for execution enter into a written contract with the City in accordance with the bid as accepted , and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materi- almen, or in the event of the withdraw]. of said bid within the periods specified , or the failure to enter into said contract and give said bond within the time specified , if the Principal shall within sixty (60) days after request . by the City, pay the City the difference between the amount specified in said bi-d and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of' the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue . IN WITNESS WHEREOF the above-bounden parties have executed this instrument uncler their several seals this 23rd day of FEBRUARY ^, 1981 , the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (if individual) •mvm TANnCCnvrnx; CXIAP NY . PRIN/(CIPAL O\ _ ATTEST (if corporation) /v Title• 7 Or Title _ SURETY INSURANCE COMPANY OF CALIFORNIA Corporate Seal S1111L11Y 0001. ATTEST B z. a�.ne Gently Tit 1 o Title Attorney-in-fact Corporate Seal is- 1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On this.........................2.3rd......................day of..............MMIJAW.._........................................_., 1�. ................ before me personally came..................._....................... MADEL. AINE GENTRY _......__. _........_......._........_....-----......_....._._......_................._......................_........ to be known, who being by me duly sworn, did depose and say: that he is Attorney-in-Fact of Surety Insurance Company of California, the Corporation described in and which executed the foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said instrument is such 'corporate seal; that it was so affixed by authority granted to him in accor- dance with the By-Laws of the said Corporation, and that he signed his name thereto by like authority. OFFICIAL SEAL Notary Public-California - PATRICIA AMIEL ORANGECOUNTY .............. ... ..... . . ...._ ...... ...... .. ...... My Commisslan EspUes May IS. 1986 (Notary Public) 5100-02 A r Surety jnsuraftCe Company o/ Catilornia -The Doiion and 3� Surety" HOME OFFICE IN LA HABRA, CALIFORNIA Box 2430 La Habra, California 90631 CERTIFIED COPY OF POWER OF ATTORNEY y7 N......_315.0.................. ` low all:npn 6,y t4ese Presents: That Surety Insurance Company of California, a California Corporation, hav- ing its principal Office in the City of La Habra, County of Orange, State of California. pursuant to the following By-Laws which were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to-wit: "Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys-In-Fact, and authorize them to execute an behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity,and other writ- ings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." Has made, constituted and appointed and by these presents does make, constitute and appoint Mad_laine Gentry ........ ..............Of ..La Habra. ...._California .......................................... its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed, all of the following classes of documents, to wit: Indemnity, surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees,official surety and fidelity bonds. And the executioo of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in La Habra, California in their own proper persons. INTN REOF, Surety Insurance Company of California has caused these presents to be signed by its duly a AZ C%afJ "# ' s corporate seal to be hereunto affixed this -----8..1th......._...day- of......D.e.QeMbel:..__ 19.8-0.... SURETY INSURANCE COMPANY OF CALIFORNIA ` INCORPO ATED-* BY --------- .. _----e_----- N JAN. 31, 969 0 Jo�ia nt S TE CA R Co V I SS: On this. .. ay of---......D.e.c.emb.er...............A.D. 19...8.0...., before the subscriber. a Notary Public of the State of California, in and for the County of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY INSURANCE C 3IPANY OF CALIFORNIA, to me personally known to be.the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn,deposed and saidlthat he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru- ment is the Corp rate Seal of said Company, and the said Corporate Seal and his siegrature as officer were duly- affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that Article IV, Section 7(b) of the By-L'pw-s of said Company, referred to in the preceding instrument, is now in force. IN TESTIMO�Y WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the day and year first above written. �v V.J OPFiC1aL SEAL �! v vi LINDA R DA`✓IS ........... .. ........................... .......... .................................. ...... Linda R. Davis Notary Public O'D NOTARY RVoLIC CALIFO RfIIA ORANGE COUNTY Aly comm. expires SEP 25, 1 CERTIFICATION I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that the Power of Attorney remains in full force and effect, and has not been revoked: and furthermore that Article IV, Section 7(b) By-Laws of said company as set forth,in said Po%�er of Attorney, are nowin full force and effect. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company f........FF.BUJAARY......................1 19.8.)........ 560-05-04 REV (SEAL) �.-�` Secretary [his231�.da o. 12-80) f y I• • $252.00 Premium Included (SAMPLL) BOND NO. 008426 FAITHFUL PERFUME BOM KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, The City of San Juan Capistrano, a municipal corporation of Orange COunty, California, has awarded to TOMO LANDSCAPING , License No. , hereinafter designated as "Principal, " a con- tract for LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS 7673 & 8485 ; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract . NOW, T1IEP,EFORE, we, Toyo LANDSCAPTNn , as Principal, and SURFTf'V INSURANCE QQMPANY OF CALIFORNIA , as surety, are held and firmly bound unto the City of San Juan Capistrano , a inunicipal corporation of Orange County, California , in the penal sum of 1ELUE THOUSAND SIX HUNDRED AND NO/100 ----------------------- DOLLARS ($ 12,600.00 ) lawful money of the United States of America , for payment of which sum, well and truly to be made , we bind ourselves , our heirs, executors , administrators and successors , jointly and severally, firmly by these presents. TIIE CONDITION OF THIS OBLIGATION is such that, if the hereby bounden Principal, his or its heirs , executors , administrators , succes- sors or assigns , shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms , covenants , conditions , and agreements in the said contract and any alteration thereof , made as therein provided , all within the time and manner therein designated and in all respects according. to their true intent and meaning, then this obli- gation shall become null and void , otherwise it shall be and remain in full force and virtue . FURTHER, the said surety, for value received , hereby stipulates and agrees that no change, extension of time , alteration or modification of the contract documents or of the work to be performed thercundur , , shall in any way affect its obligations or this bond , and it does hereby waive notice of any such change , extension of time, alterations or modi- fications of the contract documents or of work to be performed thereunder. )XtATWXMM=j h. va been duly executed by the Principal and surety herein named, on the 31st day of MAKE , 19 81A, the name and corporate seal ofeach corporate party bein;; liurvLOa( ;'i::od and these presents duly signed by its undersigned representativo pursuant to authority of its " governing body. , TOYO LANDSCAPING _ ------ /P/RIN�C�IP�AL BY tSU (� O� OF ORN�= Madelalne TY-' Ato5rney-in-fact STATE OF CALIFORNIA COUNTY OF ORANGE On this....._...................31at..................day of................_..---._....MMM...................._........__..._., 19...... before me personally came.._._......._. MADEIAINE GENTRY ............................................. to be known, who being by me duly sworn, did depose and say: that he is Attorney-in-Fact of Surety Insurance Company of California, the Corporation described in and which executed the foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accor- dance with the By-Laws of the said Corporation, and that he signed his name thereto by like authority. ----- OFFICIAL SEAL Notary P j b lic-California A I P TRIICIA AMIEL ORANGE COUNTY My Commission E. I-- N4Y 18, 1984 (Notary Public) Y COM IS610" Explies �y 10, 5100-02 Surety JAJOUrarwe Connpan•l Ca1ilornia 'The Dollon Ond Some Surety" HOJIE OFFICE IN LA HABRA, CALIFORNIA Box 2430 La Habra,California 90631 CERTIFIED COPY OF POWER OF ATTORNEY �7// // N......_315.0.................. i— now all Men by hese Presents: That Suretv Insurance Company of California, a California Corporation, hav- ing its principal Office in the City of La Habra, County of Orange, State of California. pursuant to the following By-Laws which were adopted by the Directors of the said Company on the 9th day of April. 1969 and are now in effect, to-wit: "Article IV, Section 7(b). The President shall have potter and authority to appoint Attorneys-In-Fact. and authorize them to execute on behalf of the Company. bonds and undertakings, recognizances, contracts of indemnity, and other writ- ings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." Has made, constituted and appointed and by these presents does make, constitute and appoint MadQlaine Gentry of La Habra.r_---California .............. ........._.._.......... its true and lawful agent and attorney-in-fact, to make, execute, sea) and deliver for and on its behalf as surety, and as its act and deed,,all of the following classes of documents, to wit: gndemnity, Surety and Undertakings that may be desired by contract, or may be iven in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees,official Surety and fidelity bonds. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at Its office in La Habra, California in their own proper persons. IN W REOF, Surety Insurance Company of California has caused these presents to be signed by its duly oath aC`deo(f(ggFb$�y s corporate seal to be hereunto affixed this .....9.irtkl.............day of......De&.E:I14kl .L._......, 19.8..Q.... SURETY INSURANCE COMPANY OF CALIFORNIA � ATED y o INCORPOR =. .- > > John F. Merrill in JAN. 31, X969 y• President S TE CA RN SS: Co VF On tills. .. y of.........D.a.CCllbeS................A.D. 19...8.0...., before the subscriber. a Notary Public of the State of California, in and,for the County of Orange, duly commissioned and qualified,came John F. Merrill, President of SURETY INSURANCE CIPANY OF CALIFORNIA, to me personally- known to be.the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposed and said Ithat he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru. ment is the Corpeirate Seal of said Company, and the said Corporate Seal and his signature as officer were duly- affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that Article IV, Section 7(b) of the By-4ws of said Company, referred to in the preceding instrument, is now in force. IN TESTIMOI7Y WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the day and year first above written. ..........�v.Y�.- - - star- Public ,�< "< LINDA RDA A. . OFFICIAL SEA Linda R�. Davis y ,yo NOTARv cuouc - cauroarna ORANGE COUNTY hty comm. expires SEP 25, 1984 , CERTIFICATION I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that the Power of Attorney remains in full force and effect, and has not been revoked: and furthermore that Article IV, Section 7(b) By-Laws of said company as set forth.in said Power of Attorney, are now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this3l.St..day of............._M�M........................ 1981....... (SEAL)5 _. ....... Secretary 560-05-04 (Rev. 12-80) RECEIVEO ,Surety Jwurance C'onzpWAY 1 oz x '61 of California CIT'( OF SAN )0AN CAr R IDBOND NO. 008351 E R To be attached to and form a part of FAITHFUL PERFOTdWCE BOND AND LABOR & MATERIAL BOND dated the 17th day of MARCH , 19 81 issued by SURETY INSURANCE COMPANY OF CALIFORNIA, as Surety, on behalf of TOYO LANDSCAPING COMPANY , as Principal, in the penal sum of FORTY-FIVE THOUSAND SEVEN HUNDRED EIGHTY AND NO/100----------------------------DOLLARS ($ 45,780.00 ) and in favor of THE CITY OF SAN JUAN CAPISTRANO In consideration of the premium charged for this bond, it is under- stood and agreed that the Surety Insurance Company of California consents that effective from the 1st day of APRIL 1981 , said bond shall be amended as follows : CHANGE TRACT NO. 9654 TO READ 7654 Provided, however, that the attached bond shall be subject to all its agreements , limitations and conditions except herein expressly 4 modified, and further that the liability of the Surety under the attached bond and the bond amended by this Rider shall not be cumulative. SIGNED, SEALED AND DATED THIS 1st DAY OF APRIL 19 81 TOYO LANDSCAPING CO&ANY BY: SURETY I URANCE CO NY OF CALIFORNIA BY: Madel e Gentry ttor y-In-Fact 5305 (Rev. 9/78) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On this................................_..lst...........-..day o£..............__....APPIT.....................-...._........__...._., 1921.-.........before me personally came.........................._............................. MADELF INE ? ............................. to be known, who being by me duly sworn, did depose and say: that he is Attorney-in-Fact of Surety Insurance Company of California, the Corporation described in and which executed the foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accor- dance with the By-Laws of the said Corporation, and that he signed his name thereto by like authority. OFFICIAL SEAL Notary Public-California 16 PATRICIA AMIEL ORANGE COUNTY .............. . .... ..............._............ .. My Commlasloe E%Pllea May 18. 1984 (Notary Public) 5100-02 Premium Included ' • (SAMPLL) . BOND NO.008351 RECEIVEDFAITIfFUL PERFOI'v�^ NCE BOM x' 16 12 3- p ,p� KNOW ALL ME2� 1� "I'1ESE PRESENTS: That Cl?y 0,= SSHEREI ,N 7J> pity of San Juan Capistrano, a municipal corporation of Orange CounfitAP! Ca��tl�c�rrnia, has awarded to , License No. , hereinafter designated as "Principes a con- tract for 'Tandscane maintenance of gpeCified oorhions of Trach 9382,9284,93-73,9654 and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract . NOW, THEREFORE, we, Toyo Landscaping Conpany , as Principal, and , as surety, are held and firmly bound unto the City of San Juan Capistrano, a municipal corporation of Orange Count in the nal sum of u , E y, California, penal ,.�';.,o nusand $evP13 u„nrlrari anA,F.i ghhvtars DOLLARS ($ n9,MII on ) lawful money of the United States of America, for payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors , administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the hereby bounden Principal, his or its heirs, executors , administrators, succes- sors_ or assigns, shall in all things stand to and abide by and well and truly keep and perforin all the undertakings, terms, covenants, conditions , j and agreements in the said contract and any alteration thereof, made as . therein provided , all within the time and manner therein designated and in all respects according to their true intent and meaning, then this obli- gation shall become null and void, otherwise it shall be and remain in full force and virtue . FURTHER, the said surety, for value received, hereby stipulates and agrees that no chane, extension of time , alteration or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond , and it does hereby Waive notice of any such chane, extension of time , alterations or modi- fications of the contract documents or of work to be performed thereunder. pg gsfh have been duly executed by the Principal and surety herein named , on the 17t_h_ day of perch , 19 81 , the name and corporate seal of eacli corporate party beinp* hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governin" body. 'I= landscaping (' ny _ PRINCIPAL,. By -i �� By R„rehy Tntz ,r nce CgWmy of California �- 'Ult " -19- By 3anice McDaniel rney-in-Fact STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On this.............._.........23rd....................day of......................_._..11a>3x................................._., 19-111........... before me personally came..................._... M,Q„DANIEL ...._...............-.-. ..........................._.---... to be known, who being by me duly sworn, did depose and say: that he is Attorney-in-Fact of Surety Insurance Company of California, the Corporation described in and which executed the foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accor- dance with the By-Laws of the said Corporation, and that he signed his name thereto by like authority. OFFICIAL SEAL Notary Public-California -- PATRICIA AMIEL _.._ .... ORANGE COUNTY (Notary Public) My Commission ExDNea May 18, 1984 5100-02 K Surety .insurance Company 01 California 'iM Dollam and Sento SureM HOME OFFICE 11 LA HABRA, CALIFORNIA Box 2430 La Habra,California 90631 CERTIFIED COPY OF POWER OF ATTORNEY 3119 7/ // ( No................................... , now at[ snen Ly these Presents. That Surety Insurance Company of California, a California Corporation, hav- ing its principal Office in the City of La Habra, County of Orange, State of California, pursuant to the following By-Laws which were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to-wit: "Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys-In-Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity,and other writ- ings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." Has made, constituted and appointed and by these presents does make, constitute and appoint ..........Janiae .MCDaniel 0f Fullerton California �. .._.._. .. . . .. .... - its true and ]awful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed, all of the following classes of documents, to wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees,official surety and fidelity bonds. THIS POWER OF ATTORNEY IS VALID ONLY FOR A BOND OR UNDERTAK- INC- EXECUTED PRIOR TO DECEMBER 31, 1961 And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in La Habra, California in their own proper persons. IN Surety Insurance Company of California has caused these presents to be signed by its duly an ri•^�Cb dnl0cf porate seal to be hereunto affixed this ......_g;t..1.1......-----.day of.....D2Q2ID1]er. 19 8 O_ CyJ' Gi SURETY INSURANCE CObIPANY OF CALIFORNIA � INCORPORATED N JAN. 31, 1969 a'. By John F. Merrtll President STA OPq� SS: COUNTY GE On this.......t?dl y D2CeR11J2r A.D. 19..80...., before the subscriber, a Notary Public of the State of 8t a of in and for the County of Orange, ........duly commissioned and qualified, came John F. Merrill, President of SURETY INSURANCE COMPANY OF CALIFORNIA, to me personally known to be the individual and officer described in, and who executed the preceding Instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru- ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that Article IV, Section 7(b) of the By-Laws of said Company, referred to in the preceding instrument, is now in force. IN TESTZIONY WHEREOF, I have hereunto set my hand,and affixed my Official Seal at the City of La Habra, the day and year first above written. /c-' . .6Lc'�r/�-/ /:`...�;�'�:; OII NDA R`DA J{5) i ----... —_... _.� ........._.........................-............._.. S "' Y�� NOTt+RY FUuLIC C.ILI PJRfJIA Linda R. Notary Public � o Jc,Aq,'; Davis, G' ORANGE CO'JClPf IAy comm. expires SEP 25. 1984 " CERTIFICATION I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that the Power of Attorney remains in full force and effect, and has not been revoked; and furthermore that Article IV, Section 7(b) By-Lasa of said company as set forth in said Power of Attorney, are now in full force and effect. IN TESTLILONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this.23rdday of...............M_ �......................... 19 .81... (SEAL) .,. ........___ .... _ '-' `..._... Secretary 560-05-04 (Rev. 12-80) :m' �s•-•y, wu•wiRr.'wn?...Kwi i'=" - n....,.:..�.,.«..ra...e. . ._........,_-...............,......,:a........•.,.. ......� ._,_........ ... .. (SAMPLE) Premium Included BOND NO. 008426 LABOR AND MATERIAL BOND 1 KNOW ALL MEN BY TIM, SE PRESENTS: That WIIF.11FAS , the City of San Juan Capistrano , a municipal corporation of Oran.-c County, California , has a%karded to TOYO LANDSCAPING License No. , hereinafter designated as "Principal, " a contract for LANDSCAPE MASNTENANCE FOR SPECIVIED PORTIONS OF TRACT 7673 & 8485 ; and WHERLAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors , shall, fail to pay for any materials, provisions , provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same . NOW, THEREFORE, ' we Tnvo TANps APING , Principal, and SrmNry rnitirtur,Nc cY�mANY CALIFORNIA as, as surety are held firmly bound unto the City of San Juan Capistrano, a municipal; corporation, in the penal sum of TWELVE THQJSAND Six HUNDRED AND DOLLARS ($ 12,600.00 ) , lawful money of the f nited States of America, or payment of which sum well and truly to be made we bind ourselves , our heirs , executors , administrators and successors , jointly and severally, firmly by these presents . THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs , executors , administrators , successors .or assigns, or sub-contractors , shall fail to pay for any materials , provisions , provender, or teams , or other supplies or equipment used in, 'upon, for or about the performance of the work contracted to be done , or for any work or labor done thereon of any kind , or for amounts due undor the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1 , Divisions, Chc:pter 3 of the Government Code of California as amended , that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney' s fee to be fixed by the court . This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them Or their assigns ill any suit brought upon this bond . FURTIIFR, the said :;urety, for value received, hereby stipulates and agrees that no chaul+o , extension of time, altera- tion Or modification of the contract clocumcnts or of the work to be performed thereunder shall in any way affect its obligation on this bund and iL door; hereby waive notice Of any such ch:utge, ox- tonsion of time , alteration or modification of the contract documents or of work to two performcck thereunder. R —20— t SIGNED, SEALED AND DATED THIS 31St DAY OF MARCH ,19 81 TOYO LANDSCAPING i PRINCIPAL BY: SURETY NSURANCE COQ OF CALIFORNIA BY: L • Madelain Gentry At rne�-ice-fact t STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Onthis..........................nat.................._..day of...............__........ 1.._. ...___ _ 19... ]._.___..,before me personally came.... MADELAINE GENTRY _._.._.._...__.._.__.... ......_......_......._......_......._ _ .............._..................................... to be known, who being by me duly sworn, did depose and say: that he is Attorney-in-Fact of Surety Insurance Company of California, the Corporation described in and which executed the foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accor- dance with the By-Laws of the said Cor or tion, and that he signed his name thereto by like authority. OFFICIAL SEAL N.WY PublioCaworni9 _ PATRICIA AMIEL ORANGE COUNTY ....... .... .._ .._... ..... MY commles�on E%PUAs 11sY 18.1984 (Notary Public) 5100-02 Surety ,insurance Company o f L'alc jornca 'The D011on and Se Surely' HOINIE OFFICE IN LA HABRA, CALIFORNIA Box 2430 La Habra,California 90631 CERTIFIED COPY OF POWER OF ATTORNEY 77// N......_3150.................. .Jlnpw all Pnen ly f4ese Presents.- That Suretv Insurance Company of California, a California Corporation, hav- ing its principal Office in the City of La Habra, County of Orange, State of California. pursuant to the following By-Laws whichwereadopted by the Directors of the said Company on the 9th day of April, 1959 and are now in effect, to-wit: "Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys-In-Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity,and other writ- ings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." Has made, constituted and appointed and by these presents does make, constitute and appoint Madelaine Gentry of La Habrar cAlifornia _.... ..... - .............. its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed, all of the following classes of documents, to wit: Indemnity. Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees,official surety and fidelity bonds. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at Its office in La Habra, California in their own proper persons. IN WITN REOF, Surety Insurance Company of California has caused these presents to be signed by its duly auth a�`tleo J4 no s corporate seal to be hereunto affixed this .....9th..........._.day of......D.e.C.ember........., 19.8_- f�1AiF J� �f SURETY INSURANCE COMPANY OF CALIFORNIA Cy � INCORPORATED d.. y _ _ By ......... -- - -•--.F ...LGr. t'��..�... hn errill N JAN. 31, 1969 Ja Presidennt S TE CA Sop F SS: On this. .. Ay of.........D.e.c.em er...............A.D. 19...8.0.._, before the subscriber, a Notary Public of the State of California, in and for the County of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY INSURANCE CO1% PANY OF CALIFORNIA, to me personally known to be.the individual and officer described in, and who executed they preceding instrument, and he acknowledged the execution of the same, and being by me duly scorn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru- ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed toAhe said instrument by the authority and direction of the said Corporation, and that Article IV, Section 7(b) of the By-Law's of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the day and year first above written. ........... .. - .r ..................... �'tri ... .. ^�\1 LINDA R DAIS Linda"!�!�?Cl--...../.C............_ _.................... ............. Davis Notary Public :°G< •!^ NOTARY PUBLIC CALIFORfJIA R. `. .d, ORANGE COUNTY Nty comm. expires SER 25, 1984 CERTIFICATION I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that thePower of AL orney remains in full force and effect, and has not been revoked: and furthermore that Article IV, Section 7(b) By-Laws o�said company as set forth,in said Power of Attorney, are now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this315t day of_...........t .......................... 1981....... (SEAL) ..... ......___.... .._.._. Secretary 560.05-04 (Rev. 12-80) Surety JnJurance Company 01 c'ali jomia R I D E R BOND NO. 008351 To be attached to and form a part of FAITHFIM PERFOR4ANCE BAND AMID LABOR s MATERIAL BCND dated the 17th day of NORM , 19 81 issued by SURETY INSURANCE COMPANY OF CALIFORNIA, as Surety, on behalf of TOYO LANDSCAPING CQMPANY as Principal, in the penal sum of FORLY-FIVE THOUSAND SEVEN 9&= EIQ= AND Nd/100 --DOLLARS ($ 45.780.00 ) and in favor of THE CITY OF SAN JUAN CAPISTRANO In consideration of the premium charged for this bond, it is under- stood and agreed that the Surety Insurance Company of California consents that effective from the 1st day of APRIL 1981 , said bond shall be amended as follows : CHANGE TRACT NO. 9654 TO READ 7654 Provided, however, that the attached bond shall be subject to all its agreements , limitations and conditions except herein expressly modified, and further that the liability of the Surety under the attached bond and the bond amended by this Rider shall not be cumulative. SIGNED, SEALED AND DATED THIS 1st DAY OF APRIL 19 81 TOYO LANDSCAPING COMPANY BY : SURETY I UR/A�NCE CO Y OF CALIFORNIA BY Madelaine Gentry—7t��Y'in-Fact 5305 f,4ev. 9/?8N 1 s' �' • (SAMPLE) Premium Included BOND NO. 008351 ' LABOR AND MATERIAL BOND ' KNOW ALL MEN BY THESE PRESENTS; That WIIF.RFAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to License No. , hereinaf 'er esigna e as "Principal, " a contract for Tanrl¢napg maintennnce of 5=ified portions of Tract 9382_ ; and 9284, 9373, and 9654 WIIFRL•'AS, said Principal is required to furnish a bond in ' connection with the said contract providing that if said Principal , or any of his or its sub-contractors , shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to ' be done , or for any work or labor done thereon of any kind, the surety or this bond will pay the same. 1 NOW, THEREFORE, - we ,n ra�acr=i n� rYv i vnr Principal, and califnruia , as surety ' are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum ofmed � 7,,10LLARS ($ r 7Rn_nn ) , lawfu oney of the Unite fates of America, for payment of which sum well and truly to be made we bind ourselves , our heirs , executors , administrators and successors, jointly and severally, firmly by these presents . THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs , executors , administrators , successors .or assigns, or sub-contractors , shall fail to pay for any materials , ' provisions, provender, or teams , or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done , or for any work or labor done thereon of any kind , or for amounts due under the Unemployment Insurance Act with respect '. to such work or labor as required by the provisions of Title 1 , Division 5, Chapter 3 of the Government Code of California as amended , that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney ' s fee to be fixed by the court. This bond shall inure to the benefit of any and ' all persons , companies and corporations entitled to file claims under said act, so as to Five a right of action to them or their assigns in any suit brou,_lit upon this bond . ' FURTHER, the said r.uret'y, for value received , hereby stipulates and agrees that no change , extension of time , altcra- ti.on or jnodification of the contract documents or of the work to ' be performed thereundor shall in any way affect its obligation on this boiitil and i t dogs hereby waive notice of any such ch:uig-e , ex- t'onsion of time , alteration or modification of the contract documents Or of work to lie performed thereunder. -20- 1 a SIGNED, SEALED AND DATED THIS 17th DAY OF MARCH 19-1. TOYO LANDSCAPING COMPANY PRINCIPAL BY: SURETY aCE CCMPANY OF 'ORNIA ice McDaniel Attc ey-in- .act a STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Onthis._............................._QN. .........day of...................--_....1 ...........................__.._., 19._1L.....__, before me personally came...._...... .._.__. .JANICE MCDANIEL _...._._...._ __....�... ._....._......__....._....._.._..._ _ ......_......_.......------------ ._..._._.._._. to be known, who being by me duly sworn, did depose and say: that he is Attorney-in-Fact of Surety Insurance Company of California, the Corporation described in and which executed the foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said instrument is such Corporate seal; that it was so affixed by authority granted to him in accor- dance with the By-Laws of the said Corporation, and that he signed his name thereto like authority. OFFICIAL SEAL Notary Pu6lioCaliforflfa PATRICIA AMIEL 1 ORANGE OOUNTY I ........ .... .._. _... ._............. My CO MRN9alpp Expuea May 18. 1984 (Notary Public) 5100-02 Surety .insurance Company o f California •'n»Dollan and Ss Suety" HOME OFFICE IN LA HABRA, CALIFORNIA Box 2430 La Habra,California 90631 CERTIFIED COPY OF POWER OF ATTORNEY '7I// No.----3119................. � now all'nen 6,y tAese Presents: That Surety Insurance Company of California, a California Corporation, hav- ing its principal Office in the City of La Habra, County of Orange, State of California, pursuant to the following By-Lavas which were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to-wit: "Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys-In-Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity,and other writ- ings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." . Has made, constituted and appointed and by these presents does make, constitute and appoint ---------.--_J_anice McDaniel Fullerton, California ............................._................._............._.................of........_....._........_......_._.............__........._......................._...........-......._ its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed, all of the following classes of documents, to wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees, official surety and fidelity bonds. THIS POWER OF ATTORNEY IS VALID ONLY FOR A BOND OR UNDERTAK- ING EXECUTED PRIOR TO DECEMBER. 31, 1981 And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in La Habra, California in their own proper persons. INccStAViidERnSurety Insurance Company of California has caused these presents to be signed by its duly au ri"�b ' V'�I�, �7 rporate seal to be hereunto affixed this .......3 th...........day of.....D2CEEIII4P?' _ 19 80_ CEJ: f SURETY INSURANCE COMPANY OF CALIFORNIA INCORPORATED NJAN. 31, 1969 m, BY ---------- -. - ......John F.Merrill President STA 'S.F 7 l J} COUNTY GE 5S: On this.8 t—day of......._CoDecember A.D. 19..80..... before the subscriber, a Notary Public of the State of California, in and for the unty of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY INSURANCE COMPANY OF CALIFORNIA, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru- ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that Article IV, Section 7(b) of the By-Laws of said Company, referred to in the preceding instrument, is now in force. IN TESTZSfONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the day and year first above written_ --`�---• G, I F'CI 4L .. \• NOTOamo D exoRreO SEP 5�]5E4 Linda R. Davis, Notary Public ;�,.io CERTIFICATION I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that the Power of Attorney remains in full force and effect, and has not been revoked: and furthermore that Article IN, Section 7(b) By-Laws of said company as set forth in said Power of Attorney, are now in full force and effect. IN TESTnIIONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company thisV,rd..day of.. .........MARM-------------- --- 19..$1...-. (SEAL) .... ............... . ... _ ...... Secretary 560-05-06 (Rev. 12-80) • . GENERAL PROVISIONS • A. Turf Grass 1. All lawn areas are to be mowed weekly, or as- needed to maintain the height specified below and borders neatly edged. Trim around sprinkler heads as needed to provide maximum water coverage. Trim around planters. Remove and dispose of all cuttings. Mow to the following height: Bermuda 1/2" to 1" • Bluegrass 1-3/4" to 2-1/4" 2. Irrigate as necessary to maintain proper growth rate and optimum appearance (see Section 3 .E. , Irrigation) . 3. Maintain lawn areas in a 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 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 1 and March 31. This shall be accomplished by using a "flail type" dethatching machine. 6. Fertilization: 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 square feet. A 16-6-8 formula with trace elements is recommended. tt. 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- gicide (such as Actidone RZ) shall 7. A broad spectrum fun • be applied to all bluegrass turf at the preventive rate beginning April' 1 each year. Additional appli- cations shall be made at the curative rate as necessary throughout the year. 8. Slope Care 1. Ground cover (grass, herbaceous plants) Irrigate as required to maintain a reasonable. appearance. b. Fertilization: 1. Iceplant areas shall be fertilized when recommended by the Director of Public Works or his authorized representative with . . the rate of each application to be one pcund of actual nitrogen per 1, 000 square feet asing a 16-16-16 formula material. 2. Grass areas (Alta Fescue, etc. ) shall be fertilized every 120 days with the rate of each application to be one pound of actual nitrogen per 1, 000 square feet using a 16-16-16 formula material. c. Control pests, including rodents and snail$, as needed. d. Maintain slopes weed free. Periodic hand weeding over entire area will be required. e. Maintain a maximum allowable height of 24" on Slope areas. The seed stems and heads shall be removed from the grass (Alta Fescue, etc. ) before they go off color each year. f. Trim and edge to maintain sidewalks and curbs free of plant growth. C. Shrub and Ground Cover Care 1. Prune to maintain reasonable size and appearance.' 2. Annually, thin out, shape and head back all shrubs. 3. Control pests and diseases as needed. 4. A broad spectrum preemergent weed control, such as Treflan, shall be, applied to shrub beds and ground Cover beds in April and September of each year. -22- Additioe weed control shall be i tiated as necessary to maintain a weedfree condition. S. Ground cover areas •should be fertilized every ninety (90) days with the rate of each application to be one pound of actual nitrogen per 1, 000 square feet using 16-16-16 formula material. 6. Trim and edge as necessary to restrict growth from encroaching on sidewalk or other adjacent areas. 7. Irrigate as required to maintain adequate growth rate and reasonable appearance. 8. Annual bedding plant areas shall be programmed for replacement as directed by the Director of Public Works or his authorized representative. 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. All of the applicable maintenance programs covered in this section shall apply to these annual bedding plant areas as well. D. Tree Care • 1. Shape, trim and prune to maintain a reasonable appearance. 2. Annually thin out, shape and head back all trees. 3. Control pests and diseases as needed. 4. Remove all dead and damaged branches back to point of breaking. S. 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 . S. 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. -23- ER 7iei�ation System* • 1. The CONTRACTOR shall maintain the complete 'sprinkler system in an operable condition. 2. Repair and adjust all sprinkler heads to maintain proper coverage. 3. Adjust water application to compensate for changes in weather. . CONTRACTOR will be responsible for .damages occurring due to under-,.atering or over- watering. C. All replacements to be with original. type material 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. 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. S. 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. F. Common Seatinq Areas 1. Sweep, clean and remove debris a minimum of once a week. 2. Inspect and check all benches and equipment for vandalism and safety hazards; make minor repairs and report major damage to CITY. 3. Maintain concrete areas by hosing off sand and base materials a minimum of once a week. 4. Immediately remove all broken glass and any sharp objects. -24- G: Restrooms .1. As required, restroom facilities will be maintained by GITY. . ' H. General 1. 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 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 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 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 , rreemercent 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 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 Paseo Adelanto, San Juan Capistrano. -25- CONTRACTOR is further required to stock high usage Items for repair of irrigation systems. CONTRACTOR will be reimbursed. the wholesale cost of such materials and parts upon presentation of properly itemized Invoices. Any other types of materials required to be furnished will be considered as extra work (see 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. CON'T'RACTOR is further required to provide CITY with an emergency number for contact outside the normal working hours. 10. Whenever herbicides are used, dONTRACTOR shall apply when air currents are still, to prevent herbicide drift onto adjoining property, and to prevent any toxic exposure to persons whether or not they are in or on the grounds. 11. CONTRACTOR is also required to provide uniforms and name badges for all field personnel. 12. Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. 13. Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. 14. Compile and maintain "as builts" of all irrigation systems to include location and serial numbers of major components. Turn over to CITY on termination of agreement. 15. CONTRACTOR shall not block bike trail with equipment or materials during or after his maintenance operations . 16., Rake and remove debris, trash and other materials a minimum of twice a week. 17. Remove from park and parkways any and all animal feces or materials detrimental to human health daily. I. . Extra Work 1. Extra work will not be performed without prior approval by CITY unless a condition exists wherein it appears -26- there isanger of injury to pers* or damage to property. 2. Extra work may be requirr_•d 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 20 percent of materials. S. 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. -27- JIB WESTERN COMMERCIAL INSURANCE AGENCY 1850 E. 17th Street, Suite 210 Santa Ana , California 92701 FREMONT INDEMNITY COMPANY TOYO LANDSCAPING COMPANY 225 South Newhope Avenue Santa Ana, California 92704 i r r k '.1r 1 f LN. N it in ISII�. . 9 I. 11/1111111 III II' 'III I� II A WP-80-136238 8/1/81 JiJi tlI,¢¢ V6V,1tlpk11 , EIV,.P. C'r EKS LIAR '. T �I$�II P'! 2,QDD 31 H01 , .._p.. :1111111111111,A#1111--11111, 1111 ;i11�111��131 1 IlllllIMI 1 now II 11 1'.1111 ■ vl!.11l 11111IIIIII 11811 119 1 ','In! I I '.1; 11 1 l;b1d1113'�I 1�� 1 lel 1' 1 ALL OPERATIONS f,tinct nalion _ -,. ,+ :F y c ` t, . 1, ae r "d F r .. to 1 -.al: - _M, w 0t1W1•XXX-XMA r iail 3__, d •11 = Tict o :; _-c , o ; 'e )=XXiXXXXX— . X7 )(XX)(l xXOQXX'XX�XXX)4KX (XXx,)dxolXXa XXXXXND(1XXXXXXXXUCXXi(XXXXXOPXxxxx SAN JUAN CAPISTRAN , 0 March 27, 1981 32400 Paseo Adelanto San Juan Capistrano, California 92675 ,/ '''" ATTENTION: Mary Ann Hanover, City Clerk " ' "'Ar'V` 0000 ew Iaeuraeas AgWI oW,.R):' 11N1111�EM118l1 IIL 11111l�III 1i��1111'11 J'IICII l�'alill ltli1�11111111�It�Ylil©IIII�II��IR QIP,IIIIrB1�1111§illll�lllllll 11 I ' Grp r�,Jrrir ,'<r�cir ' ,�prGfrrr>z� 1 32400PASEO ADELANYO SAN JUAN CAPISTRANO.CALIFORNIA 92675 PHONE 493•1171 April 3 , 1981 Robert Hooper South Coast Gardening Service P. O. Box 303 San Juan Capistrano, California 92693 Re: Landscape Maintenance - Tracts 7673, 8485, 9382 , 9284 , 9373 and 7654 Dear Mr. Hooper: At their meeting of March 3, 1981, the City Council awarded the contract for Landscape Maintenance of Tracts 9382, 9284 , 9373 and 7654 to Toyo Landscape. Also, at their meeting of March 17 , 1981, the City Council awarded the contract for Landscape Maintenance of Tracts 7673 and 8485 to Toyo Landscape, which had previously been awarded to Transcontinental Factors, Inc. Enclosed please find your Cashier ' s Check in the amount of $3, 384 .00 from Capistrano National Bank, submitted as the bid bond for the above-mentioned project. Thank you for submitting your bid to the City. Very truly yours, MARY ANN RKNOVER, CMC City Clerk MAH/cdc Enclosure. cc: Director of Public Works 9+i, Received' this ",� d day of April , 1981, Cashier' s Check from CVistrHa.hoo Nat 1 Bank, in the amount o£ $3 , 384 . 00 . per, South Coast ardening Service. J CAPISTRANd 36913 ( NATIONAL BAND, )I873 Uel Obiapo Street,San Juan Capistrano,Calif.92675 - - `. 90-3566 �. �•�9_95 I9.1__ 1222 PAY TO THE ******************** *** QROER OF***************City of San Juan Capistrano 3,384.00 CAPIN 711 y; - • NATIODI t1L� 1eJl ' , ,.. DOLLARS CASHIER'S CHECK 1 1in0369i3nv ei: 1222356691: 181-955020110 i Pay to the order of Robert ( Hooper, South .Coast Gardening i Service City of San Juan Capis rano BY/� Mary Ann Hanover, City Clerk Deputy City Treasurer Z i p 32400 PASEO ADELANTO SAN JUAN CAPISTRANO.CALIFORNIA 92675 PHONE-: 493-11 7) / a March 11; 1981 W Toyo Landscaping 225 South Newhope Avenue Santa Ana, California 92704 Re: Award of Contract - Landscape Maintenance, Tracts 7673 and 8485 Gentlemen: At their meeting of March 17, 1981, the City Council awarded the contract for landscape maintenance for Tracts 7673 and 8485 to your company at an annual cost of $6 ,000 and $6 ,600 respectively. 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 Page 14 of the bid document which cites 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 further help, please do not hesitate to call. Thank you for your cooperation. Very truly yours , MARY ANN HANOVER, CMC City Clerk MAH:ol Enclosures cc: birector- of Public Works ,3!400 PASEO;AOELANTO- SAN JUAN CA P15TRAN0,CALIFORNIA 92675 6NE 493 117)' March 6 , 1981 Toyo Landscape 225 S. Newhope Avenue Santa Ana, CA 92704 Re : Award of Contract - Landscape Maintenance -_ Tracts 9382, 9284 , 9373, & 7654 Gentlemen: At their meeting of March 3, 1981, the City Council awarded the contract for the landscape maintenance for Tracts 9382,9284 , 9373 and 7654 to your company at a combined total of $45, 780 . Enclosed are two copies of the Agreement. Please sign and date both Agreements and return the "City Copy" to this office along with all required bonds and insurance. The Agreement documents are to be executed by your company within 15 days of this notice. Please note Page 14 of the bid document which cites the City ' s requirements for bond and insurance amounts . These requirements must be met as stated before the contract is effective. I£ I can be of any help to you, please do not hesitate to call . Thank you for your cooperation. Very truly yours, (MRS) MAR`I ANN HANOVER, CMC City Clerk MAH:ol Enclosures cc: Director of Public Works Bid List �/f� ill f�/ll�llllT6 3.'iso P1 > An[ Prim SAN JUAN GA\PISTRANO,CALIFORNIA 92675 Q< PHO N,4; 495'I 171 eu..p.ta March 6 , 1981 Transcontinental Factors, Inc. P. O. Box 4119 San Clemente, CA 92672 Re: Award of Contract - Landscape Maintenance - Tracts 7673 & 8485 Gentlemen: At their meeting of March 3, 1981, the City Council awarded the contract for the landscape maintenance for Tracts 7673 and 8485 to your company at $4 , 800 for each Tract. Enclosed are two copies of the Agreement. Please sign and date both Agreements and return the "City Copy" to this office along with all required bonds and insurance. The Agreement documents are to be executed by your company within 15 days of this notice. Please note Page 14 of the Agreement which cites the City' s requirements for bond and insurance amounts . These re- quirements 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 , (MRS) MARY ANN HANOVER, CMC City Clerk MAH:ol \ Enclosures J cc: Director of Public Works ^ Bid List f � ;,5,-.-19.. 5 ^� PLANWAND SPECIFICATIONS E : P�Fi @ p DSCA M I!►�TEN_ ICES TRACTS -7 -.J. B�{B 9 , 9a84, Tentative Contract Award Date 9373 4 -M4 ::SzLu i t P, 14 W Ric Ppv4?-ADe t # +Ft e. / P.0"*3- S ew►G4 s Sa.►,+e-Ie rrr�em�t 4�1b'1.�,.... �.,� -7 S- 77 IeLt - P-_v. 0,. ?o 23a _.._ 770 - 'ss. U ' 97A RECEIVED o c POOB�IN�STRIAL RITATIONS WAGE PURSUANT INATION WCALIMMIADIRECTOR CODE FEB 0 1� PART 7 CHAnER 1, ARTICLE 2, SE17rIONS 1770, 1773 AND 1773.1 CIT'f OF SAN WAN Determination: S-81-19 qrA �,NG `Issue date: February 6, 1981 Craft: Landscape Maintenance Taborer Project: This prevailing wage determination is being issued pursuant to the request by the City of San Juan Capistrano of .January 14, 1981 for landscape maintenance work. 'this wage determination applies only to the public works contract(s) for which it was requested. Wage rate Basic straight-time Classification hourly rate Landscape Maintenance Laborer $4.98 Applies only to landscape maintenance, including but not limited to mowing, watering, pruning, triurming, weeding, spraying, occasional planting and replacement of plants, servicing of irrigation and sprinkler systems, repairing of equipnent used in such landscape maintenance, and performing janitorial work incidental to such land- scape maintenance. This does not apply to the work of a landscape laborer eurployed on landscape construction (work incidental to construction or post-construction maintenance during a brief plant installation and establishment period) . !�Mlcyer payments (Tabor Code Section 1773.1) Health and welfare: 32¢ per hour or $12.80 per week or $55.46 per month. Paid Vacation: clue week after one year of service or 10¢' per. hour; 2 weeks after 2 years or 19� per hour. Holidays; 9 paid holidays per year or 17¢ per hour. Overtime: Pursuant to Section 1815 of the T1ily3r Cbde, "work performued by employees of contractors in excess of 8 hours per clay, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1112 tunes the basic rate of pay." Recognized holidays: New Year' s Day, Washington's Birthday, Memorial Day, Independence Day, Tabor Thy, Colrmhus Day, Veterans' Day, Thanksgiving [lay and Christmas Day. alcl b i