1980-0820_TRANSCONTINENTAL FACTORS_Agreement' . • CITY COPY
' AGREEMENT
MAINTENANCE OF LANDSCAPING IN TRACT 7654
1
THIS AGREEMENT is made and entered into this 20th day
' of Aual st ___ , 1980 , between the City of San Juan Capistrano,
hereinafter referred to as "CITY" and TRANSCONTINENTAL FACTORS
hereinafter referred to as "CONTRACTOR" for landscape maintenance of
Tract 7654. 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
day of //� , and shall remain and continue in
' effectof r'a period of twelve (12) months thereafter subject to
extension or termination as described in Section 13 or Section 14.
' SECTION 2. MAINTENANCE: Shall include landscape maintenance
of Tract 7654. CONTRACTOR may be required to perform extra work as
deemed necessary by the Director of Public Works.
' SECTION 3. MEASUREMENT AND PAYMENT: CONTRACTOR agrees to
provide all necessary labor, machinery, tools, equipment and all
other utility and transportation services required to perform the
' landscape maintenance in the manner specified herein for the follow-
ing annual consideration:
' TOTAL ANNUAL COST $ 10,404.00
Payment for any extra work directed by CITY shall be the actual
' cost of labor plus wholesale cost of material plus 20 percent.
Monthly payments to CONTRACTOR will be made on the regular day
for payment of City bills by the City Treasurer. CONTRACTOR shall
submit detailed invoices with back up vouchers for all charges
other than monthly costs for item above.
' At the sole discretion of the Director of Public Works,
additions or deletions may be made to this agreement which may result
in an increase or decrease in the areas and acreage to be maintained.
' Such changes will be submitted to CONTRACTOR in writing and shall be
identified as addendums to this agreement. The affected areas will
be classified, measured, and priced in accordance with the unit costs
specified above.
-12-
' SECTION 4. GENERAL PROVISIONS: Gensl provisions for the
work to be performed are contained herein and are made a part of this
' agreement by reference.
SECTION 5. EQUIPMENT, LABOR AND PREVAILING WAGES:
'CONTRACTOR shall use and furnish at his own expense all labor and equip-
ment necessary for the satisfactory performance of the work 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 week. Work per-
formed in excess of eight hours per day shall be permitted upon cempen-
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 showing the name and hours worked each calendar day and calendar
week by each workman in accordance with Section 1812, California Labor
Code.
In the performance of the terms of the Agreement, CONTRACTOR
agrees that he will not engage in nor permit such subcontractors as he
•may employ from engaging in discrimination in employment of persons
' because of race, color, national origin, ancestry, or religion.
Pursuant to Section 1771 of the Labor Code, CONTRACTOR is
'required to pay the general prevailing rate of per diem wages for each
laborer or workman performing any work under this contract.
SECTION G. CONTROL OF WORK: The Director of Public Works,
or his authorized representatives, shall decide all questions which may
arise as to the manner of performance and rate of progress of the work;
'all questions as to the acceptable fulfillment of the contract on the part
of the CONTRACTOR; all questions as -to the interpretation of the
specifications; and all questions as to compensation. His decision
shall be final and he shall have authority to enforce and make effective
'such decisions. When condition of a maintained area is determined by
Director to be substandard due to inadequate or improper maintenance,
monthly payment may be withheld until such condition is resolved to the
' ',atisfaction of the Director.
SECTION 7. PROSECUTION OF WORE: The CONTRACTOR shall begin
'maintaining landscaping within fifteen (15) days after the execution of
the agreement by the CITY and shall diligently prosecute the same until
the termination of the agreement.
,- -
SECTION 8. CONTRACT FONDS: Prior to the date of execution
of this agreement by CITY, CONTIACTOR shall deposit with the CITY a
'surety bond to secure the faithful performance of this contract and a
separate bona to secure payment of persons performing labor and furnishing
materials in connection with this contract, each bond shall be in the
amount. of not less than One Hundred Percent (100u) of the annual amount
of this contract.
-13-
The contractor shall perform his work in accordance with the
Standard Specifications for Public Works Construction, 1976 Edition,
hereinafter referred to as the Standard Specifications. The con-
tractor shall maintain a copy of this book on the job site at all
times. The provisions of the Standard Specifications shall be
modified at 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 the 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
maintained by him, whether on or off the premises, with
liability limits of not less than $500,000 for any one
person, and $500,000 for any one accident, and property
damage of $500,000. The insurance amounts set forth
herein are the minimum amounts required by the City. Other
agencies with which the contractor may be involved in the
accomplishment of the work may require greater amounts.
The City will not recognize any claim for additional
compensation because of the requirement for greater amounts
of insurance, as an element to be considered by the con-
tractor in determining his bid.
-14-
1
I
1
.1
1
SECTION 9 - Deleted
SECTION 10 - Deleted
SECTION 11. SAFETY: CONTRACTOR agrees -to perform all work
outlined in this contract in such manner as to meet all accepted stan-
dards for safe practices during operations and to maintain safe conditions
of premises and ways at all times, including safely stored equipment,
machines, materials or debris, protected excava_ions, or other hazards `
consequential or related to his work; and agrees additionally to accept
the sole responsibility for complying with all applicable local, County,
State or other legal requirements including but not limited to full
compliance with the intents and terms of the applicable OSHA and Cal/
OSHA safety orders at all times, so as to protect all persons, including
CONTRACTOR employees, agents of CITY, vendors, members of the public
or others from foreseeable injury, or damage to their property.
Crimes, thefts, vandalisms, hazards, etc. shall be initially
reported by phone followed by confirmation in writing to Lhe 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 damage of any kind resulting from said operations to persons
or property regardless of who may be the owner of the property. In
addition to the liability imposed upon the CONTRACTOR on account of
personal. injury (including death) or property damage suffered through
the CONTRACTOR'S negligence, which liability'is not impaired or other-
wise affected hereunder, the CONTRACTOR assumes the obligation to save
the CITY harmless and to indemnify the CITY from every expense, liability
or payment arising out of or through injury (including death) to any
person or persons or damage to property (regardless of who may be the
owner of the property) of any place in which work is located, arising
out of or suffered through any act or omission of the CONTRACTOR or
any subcontractor or anyone directly or indirectly employed by or under
the supervision of_any of them in the prosecution of the operations
included in this contract.
C
1-
-15-
I • •
' 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 succe:;r;zve j)cri<u!s of twelve months. CON'T'RACTOR shall submit his
request in writing to the Director of Public Works at least 30 calen-
dar days briar to the elate 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 1.5. NOTICES: Any written notices to the parties
hereto shall be sufficient if they are deposited in the United States
' mail in envelopes, postage prepaid by registered or certified mail,
addressed as follows:
' CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
' SECTION 16. ASSIGNMENT: CONTRACTOR may not assign this
Agreement without prior consent and approval of CITY.
' SECTION 17. LICENSING REQUIREMENTS: CONTRACTOR is
required to possess either a valid C-27 Landscape Maintenance License
or a valid Class A Contractor's License. In addition, CONTRACTOR must
' possess a Pest Control Advisor's License and a Pest Control Operator's
License or must subcontract pest control requirements to a licensed
contractor.
' IN WITNESS WHEREOF, the parties hereto have executed this
Agreement at San Juan Capistrano, California, the day and year first
above written.
ATTEST:
1 �
CITY CL
APPROVED AS TO FORM
1
'rj, Q!:�4tAV
(P! TY ATTORNEY
DATED:
TRANSCONTINENTAL FACTORS
PY
-1G-
0
0
AWARD OF CONTRACT - r.ANDSCAPE MAINTENANCE, TRACT 7654
'RRANSCONTIi:LNTAL FACTORS)
✓(38) Written Co=unications:
(74) Report dated August 20, 1980, from the Director of Public
(85) Works forwarding the results of a bid opening held August 13th,
for landscape maintenance of Tract 7654. The costs of the
maintenance will be paid through tax assessments of the
homeowners. ,
Award of Contract:
t was moved by Councilman Buchheim, seconded by Councilman
Friess and unanimously carried to award the contract for
landscape maintenance of Tract 7654 to Transcontinental
Factors, of San Clemente, at $10,404, annually, and to reject
all other bids. The Mayor and City Clerk were authorized to
execute the contract on behalf of the City.
s b c)Ab
•
AGENDA ITEM
August 20, 1980
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Award of Contract - Landscape Maintenance
Tract 7654 San Juan Creek Road and La Novia
(Patrick Development)
SITUATION
Bids for the landscape maintenance of Tract 7654 were received
on August 13th at 2:00 p.m. The results of the bidding were
as follows:
Transcontinental Factors, Inc. $10,404 annually
Environmental Care $31,781 "
Southcoast Gardening Service $29,700 "
All three bids have been reviewed by staff and determined to be
qualified. The low bidder is presently under contract with the
City to provide landscaping services and has been doing a
satisfactory job.
FINANCIAL CONSIDERATIONS
All costs incurred in the performance of landscape maintenance
district programs are paid by funds previously accumulated
through benefit tax assessments of the homeowners in the tract.
There is no financial obligation to be borne by the City.
ALTERNATE ACTIONS
1. Accept all bids as complete and award the contract for
landscape maintenance of Tract 7654 to Transcontinental Factors
for $10,404 annually.
2. Reject all bids.
3. Refer to staff for further study.
RECOMMENDATION
By motion, award the contract for landscape maintenance of Tract
7654 to Transcontinental Factors, in the amount of $10,404
annually.
Respectfully submitted,
W. D. Murphy
WDM: CSF/rem FOR CITY COUNCIL AGENDA .y!'
Premium $ 156.00
CONSTRUCTION PERFORMANCE BOND Bond No. L05-054517
KNOW ALL MEN BY THESE PRESENTS, That we— Transcontinental Factors Inc
(called Principal), as Principal, and BALBOA INSURANCE COMPANY, a California corporation of Newport
Beach, California (called Surety), as Surety, are held and firmly bound unto City of San Juan Capistrano
(called Obligee) in the sum of Ten Thousand Four Hundred Four Dol Lars and no/100ths*
Dollars (s 10,404.Oq
for the payment whereof Principal and Surety bind themselves, their legal representatives, successors and assigns
jointly and severally, firmly by these presents.
WHEREAS,
Obligee for.
into a written Contract dated_
ance On Tract 7654 San
3
1980 , with
a copy of which Contract is hereto annexed and made a part hereof as fully as if set forth herein:
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if Principal shall faithfully
perform such Contract and pay all persons who have furnished labor or material for use in or about the
improvement and shall indemnify and save harmless Obligee from all cost and damage by reason of Principal's
default or failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and
effect. Surety hereby waives notice of any alteration, extension or forebearance as to any of the terms of the
Contract other than the terms of payment thereunder, made or extended by Obligee or Principal.
IN EVENT Principal is in default under the Contract as defined herein, Surety will either (a) within fifteen (15)
days of determination of such default take over and assume completion of said Contract and become entitled to
payment of the balance of the Contract price, or (b) pay Obligee in cash the reasonable cost of completion, less
the balance of the Contract price including retained percentage. The cost of completion shall be fixed by taking
bids from at least three responsible contractors chosen by Obligee and Surety. Surety will make such payment
within fifteen (15) days after the cost of completion shall have been so determined.
OBLIGEE SHALL COOPERATE with and assist Surety in prosecuting its rights and claims, if any, against
Principal and others, by supplying testimony, books, records and documentary evidence in Obligee's possession.
NO RIGHT OF ACTION shall accrue upon or by reason hereof to, or for the use or benefit of, anyone other
than the Obligee herein named.
Signed and sealed this 8th day of October , 19 80
Transcontinental Factors Inc
Principal
By: L inn r, ec- res.
BA BOA INSURANCE COMPANY C/O Lou Jones and
Associates
By:
Cathy M B sell Attorney-in-fact
B56E674
STATE OF California
I ss:
Countyof San Diego'
On this \1 'j� " day of ) J& before me
Barbara Hunt a Notary Public in and for the said
County of San Diego State of California residing therein, duly commissioned
and sworn, personally appeared Cathy M Batsel i known to me to be the Attorney-in-Fact of the
Balboa Insurance Company, the corporation that executed the within instrument, and acknowledged to me
that he subscribed t to r Comps y t /r�eto andyh�is own )n name Atto n-Fact.
OFFN:IAI. E*L 1 I P lA,(
BARBARA HUNT
� F� MCC I NNIA Notary Public in and for the County of
PRINCIPAL OFFICE IN
SAN OIEQO COUNTY
1L002ZR776 MyCmemissfonEmWesSW.7,19E4 San Diego Stateof California
0<✓C 'ilia . .0 '�_,!Sti^V �0�1',.;-;
- L05 -054517 -
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS. the......Cit
.y. of. . San Juan.Capistrano
.......
(hereinafter designated as PUBLIC ENTITY) by resolution passed .... ZO.th.. D.f. August.......... 19. A ......
has awarded to..........T.ransconti
..........
nental Factors In..c
..................................................
............................................. (hereinafter designated as the PRINCIPAL) a contract for
the work described as follows: -
Ground Maintenance Tract 7654 San Juan Capistrano
WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at
Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract;
NOW THEREFORE, We, the Principal and.... Bal bQd .Insmrdrlce. COrnprany.. . . . ........ . . . . ... . . . . .
as Surety, are held and firmly bound unto the Public Entity in the penal sum of . Tep, Thousand, , , , , , , , , , , , , , , , ,
FQvr.M4rgd,FQQr: Dollars, and. nollQQth$*..................... Dollars Is. IQ,404,QQ
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, hers/his/its subcontractors, heirs, execu-
tors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil
Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract,
orfor any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees
of the contractor and his subcontractors pursuant to Section 18806 of the California Revenue and Taxation Code, with
respect to such work and labor the surety or sureties will pay for the same, in an amount not exceeding the sum hereinabove
specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.
This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to
give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of
this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans,
;'specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining
or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of pay-
ment or extension of the time for any payment pertaining or relating to any scheme or work of improuc-mit hereinabove
j described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent
or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such
contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover
on the bond and that this bond be construed most strongly against the surety and in favor of all persons for whose benefit
such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond
has been given, by reason of any breach of contract between the owner or Public Entity and original contractor or on the part
of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section
3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby
waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.
IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the
8th......dav of.. October ............ . ts..
Transcontinental Factors Inc .tSEAi.)
. .. .. .PrinciPal ,
By ?J�rinn'er,
..... (SEAL)
NOTE: (a) Signature of those executing for Sec-TreComs.
Surety must be properly acknowledged.
(bl The Attorney -in -`act must attach ...$Ura11C .....pang C/�, LOU, _ , (SEAL)
a certified copy of the Power of Attorney. Jones & Associates
(Attach required acknowledgements) By /✓!........ (SEAL)
.
_ Cathy M Batsell Attorney -in -F„'
STATE OF–Cal if orni a /
/ ss:
Countyof San Diego /
On this day of 6li(,l_71-4 - 19M. before me
Barbara Hunt a Notary Public in and for the said
County of San Diego State of California residing therein, duly commissioned
and sworn, personally appeared Cathy 11 Batsel l known to me to be the A ttorney-in-Fact of the
Balboa Insurance Company, the corporation that executed the within instrument, and acknowledged to me
that he subscribed the name of the Balboa Insurance Company t ereto and his own name as Attorny-in-Fact.
/7j//
OFFICIAL 581E
�
BARBA RA HUNT
NOTARY PJ 31 ;C CAI,; OR&1A + Notary Public in and for the County of
nwrec� San Diego Stateof California
1LO02ZR776 In, • r.i. .x,.,-
• BALBOA INSURANCE COMPANY •
620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660
GPA 1803
POWER OF ATTORNEY VALID
GENERAL POWER OF ATTORNEY ONLY IF NUMBERED IN RED
Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing
under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by
these presents make, constitute and appoint
CATHY M. BATSELL
of San Diego and State of California its true and lawful Attorney(s)-in-Fact, with full
power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver
"THIS POWER OF ATTORNEY SHALL TERMINATE AND BE
OF NO FURTHER EFFECT AFTER DECEMBER 31. 1981"
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the
corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said
Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted
by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962.
"Be It Resolved, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby
vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
"Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on
behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity
and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's
liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if
signed by the President and sealed and attested by the Corporate Secretary."
In Witness Whereof, Balboa Insurance Company has caused these presents to be signed by its Senior
Vice President _ its corporate seal to be hereto affixed this 17th day of
�.
State of California
County of Orange
On this 17th
that he resides
r BA
Incorporated By
Feb. 6, 1948
to
A.D., 19 80 , before me personally came
me known, who, being by me duly sworn, did depose and say,
California that he is
Senior vice eresaaent of BALBOA INSURANCE COMPANY, the company described in and which
executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said Company- and that he signed his name thergto by like order,
OFFICIALSEAL.
_Z , L � fps -
KIMBERLY A. FORREST Notary Public
NOTARY PUBLIC-CALIFORNIA(57
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Expires Aug. 22, 1983
I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and
correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of
Attorney is still in force and effect.
And 1 do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under
and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a
meeting duly called and held on the 24th of March 1972, and that said resolution has not been amended or repealed:
"RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of
this Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and
that such printed facsimile signature and seal shall be valid and binding upon this Corporation" I
GIVEN unDyifi=e seal of 9d pany, at Newport Beach, California, this i) / 'v day of
THIS POWER OF ATTORNEY EF
FE
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TIVE /ON�LYC l
EF ATTACHED TO BOND NO. W 7 7 ?CiSecretary
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1910
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PROOF OF PUBL ftON
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
City of San Clemente
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested
in the above -entitled matter. I am the principal
clerk of the printer of the San Clemente Sun -Post
a newspaper of general circulation printed and
DAILY
published...........................................
..... ................. in the City of San Clemente
County of Orange, and which newspaper has been
adjudged a newspaper of general circulation by
the Superior Court of the County of Orange, State
of California under the date of March 11, 1°60,
Case Number A9140;
that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
on the following dates, to -wit: .
July 25and August 1
—
...................................................
all in the year 19.80
I certify (or declare) under penalty of perjury
that the foregoing is true and correct.
Dated at San Clemente, California, this
1St.... day of ... A3AVst--------------- -............ 19.......80
Signature
SAN CLEMENTE PUBLISHING CORP.
1542 North EI Camino Real - P.O. Box 367
San Clemente, Calif. 92672 - Phone 7141392-5121
This space%the County Clerk's Filing Stamp
RECEIVEI
be 4 12 to waw
cl-vY OF
tt��
Proof of PublicationChP
NOTICE INVITING BIDS
AOTICE OF TRANSMI.TAL0 LEGAL PUBLICATIONS •
TO: DAILY SUN -POST
Helen Nielsen, Legal
FOR PUBLICATION ON: FRIDAY, JULY 25, 1980 and
FRIDAY, AUGUST 1, 1980
DOCUMENT(S) TO BE PUBLISHED: NOTICE INVITING BIDS -
LANDSCAPE MAINTENANCE, TRACT 7654
PROOF OF PUBLICATION: Please send to:
Office of the City Clerk
City.Aal=.
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AUTHORIZED BY:
DATE: July 17, 1980
Date of Bid Opening 8/13/80
Date(s) notice published 7/25/80 & 8/1/80
Date affidavit received
Date notice posted in
designated posting places (3) 7/25/80 (2-r)a a notice)
Date notice(s) posted on property n/a
Date of mailing notices
to property owners n/a
NOTICE INVITING 3TDS
LANDSCAPE MAINTENANCE - TRACT 7654
Notice is hereby given that the City of San Juan
Capistrano will receive sealed proposals or bids for the
Landscape Maintenance of Tract 7654
until 2:00 P.M. on the 13th day of August 1980•
A pre-bid conference is scheduled at 10:00 a.m. on
the 7th day of August 1980, at the City offices to
assist contractors.
Copies of Plans and Specifications are on file in the
Office of the City Clerk of San Juan Capistrano, 32400 Paseo
Adelanto, San Juan Capistrano, California, and may be obtained at
a non-refundable charge of $5.00
Dated: July 17, 1980
CITY CLE
CITY OF SAN JUAN CAPISTRANO,
ORANGE COUNTY, CALIFORNIA
OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS -
<-0q) written Communications:
(74) Report dated July 16 1980, from the Director of Public Works
(85) requesting approval of plans and specifications for the
landscape maintenance district in Tract 7654. The District,
which was approved by Council on June 18th, will include
maintenance of tract parkways, slopes and the tract entrance.
The costs of the maintenance will be financed through an
annual assessment of properties within the district.
Approval of Plans and Call for Bids:
It was moved by Councilman Buchheim, seconded by Councilman
Friess and unanimously carried to approve the plans and
specifications and to authorize staff to advertise for
bids for the landscape maintenance district in Tract 7654.
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AGENDA ITEM July 16, 1480
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Approval of Specifications and Authorization to Call for
Bids - Landscape Maintenance District, Tract 7654, San
Juan Creek Road and La Novia
SITUATION
On June 18, 1480, a landscape maintenance assessment district for
Tract 7654 was approved in accordance with California Governmental
Code, Sections 50575 through 50628. Areas to be maintained within
the tract include parkways, slopes and tract entrance.
The City is asking for authorization to request bids for the main-
tenance of the common areas in the tract. Once activated, this
contract will allow for the sustaining of the landscape maintenance
district areas which meet City criteria.
Specifications have been prepared and are available for review in
the Public Works Department or City Clerk's Office.
FINANCIAL CONSIDERATIONS
All costs and expenses associated with this contract will be paid
by annual assessments upon the properties within the district.
ALTERNATE ACTIONS
1. Approve the specifications and call for bids for landscape
maintenance district, Tract 7654 (Patrick -San Juan Creek Road).
2. Request further information from staff.
RECOMMENDATION
By motion, approve the specifications and call for bids for land-
scape maintenance district, Tract 7654 (Patrick -San Juan Creek Road).
Respectfully submitted,
W. D. Murphn Irk
WDM:CSF/pis
FOR CITY COUNCIL AGENDA .. ..
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 of San Juan Capistrano
will up to 2:00 p.m. on the 13th day of August 1980,
receive sealed proposals or bids for the landscape maintenance of
Tract 7654, in accordance with the approved specifications on file
in the office of the City Clerk of the City of San Juan Capistrano,
City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California.
Bids will be received until the time hereinbefore indicated at
the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California.
No bid will be received unless it is made on a proposal provided
within these specifications. Each proposal or bid must be 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 15 days
after the written notice that said contract has been awarded to
him for the work.
A pre-bid conference is scheduled for 10:00 a.m on the 7th day of
August 1980, 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
attendance at this conference to receive any information dis-
closed during the proceedings, for the City shall not disseminate
any records of the conference. Exclusive of written addendums and
this pre-bid conference, the City shall not be responsible for any
instructions, explanations, or interpretation of the specifications
and contract documents presented to the bidders in any manner.
BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of
the State of California, copies of the prevailing rate of per diem
wages, as determined by the Director of the State Department of
Industrial Relations, are on file in the office of the City Clerk
and shall be made available to any interested party on request.
Copies of the specifications are on file in the office of the
City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan
Capistrano, California. Copies of the specifications for use in
preparing bids may be obtained at the office of the City Clerk, San
Juan Capistrano at the address shown above. One set of 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.
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Each bidder shall state the California Contractor's License
Number of such bidder so bidding, as no bid will be accepted
from a Contractor who has not been licensed in accordance with
the provisions of the laws of the State of California relating
to the licensing of Contractors.
This notice is hereby given and published by order of the City
Council of the City of San Juan Capistrano, and is dated this
17th day of July 1980.
MARY ANN,jRA OVER, CITY CLERK
CITY OF`SSAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
The successful bidder, simultaneously with the execution of the
contract, will be required to furnish a faithful performance
bond equal in amount to one hundred percent (100%) of the annual
contract price and a.labor and materials bond equal in amount
to one hundred percent (100%) of the annual contract price.
The City Council reserves the right to reject any and all bids
received and to compare the relative merits of the respective
bids and to choose that which in the opinion of said City will
nest serve the interests or needs of. said City.
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BID PROPOSAL
For the
MAINTENANCE OF
Landscaping in Tract 7654
To the Honorable City Council
City of San Juan Capistrano
Gentlemen:
ADV. DATES:
BID DATE: August 13, 1980
From TRANSCONTINENTAL FACTORS INC.
Contractor
' The undersigned, as bidder, declares that he has carefully
examined the location(s) of the proposed work as described,
examined the specifications and general conditions therefor,
' rear, the instructions to bidders, and is familiar with all pro-
posal requirements, and hereby proposes and agrees, if the
proposal is accepted to provide all necessary labor, machinery,
' fools, equipment and all other utility and transportation
services required to perform the landscape maintenance in ac-
cordance with the specifications for the maintenance of
Tract 7654,
in the time stated herein, for the lump sum given on the fol-
lowing pages of this proposal.
' Ir. case of discrepancy between unit prices and the extension
thereof, the unit price shall prevail and bids will be computed
as indicated above and compared on the basis of corrected totals.
It is also understood by Bidder that the City of San Juan Capis-
trano has the right to reject this proposal or to award a con-
tract to the undersigned at the prices stipulated. If the pro-
posal is rejected, then the enclosed check or bid bond shall be
returned to the undersigned within thirty (30) days. If the
proposal is accepted and the undersigned fails to enter into
' a contract within fifteen (1.5) days after the agreement is
delivered to him for signature, or within such further time as
may be granted by the City Council, then said check shall be
cashed or said bond declared forfeit and an amount equal to the
' difference between the lowest bid and the next lowest bidder who
will execute a contract shall be paid into the treasury of the
City of .San Juan Capistrano as liquidated damages for the failure
' of the undersigned to comply with the terms of this proposal.
Accompanying this proposal is .aid Bond (insert
' "S__, cash", "cashier's check", "certified check", or
"hddr'^ibond", as the case may be) in an amount .equal to .at
least ten percent (108) of the total bid.
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' 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:
Balboa Insurance Company, Newport Beach, CA
' Licensed in accordance with an act providing for the registra-
tion of contractors --License No. 349683
' Signature of bidder
TRANSCONTINENTAL FACTORS INC..
' by Treas re
Jo arinner
(if an individual, so state. If a firm or co -partnership, state
the firm name and give the names of all individual co-partners
composing the firm: president, secretary, treasurer and
manager thereof.)
Dated: August 12, 1980
P. 0. Box 4119, San Clemente, CA 92672
' Business Address
' (714) 492-2943
Telephone Number
' Transcontinental Factors Inc. is a California corporation, organized and existing
under the laws of the State of California.
OFFICERS:
Warren F. Fenske, President
Lyle Sardie, Vice President
' Jo•Warinner, Secretary/Treasurer
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BOARD OF DIRECTORS
Warren F. Fenske, Chairman
Lyle Sardie, Director
Juan Luna, Director
Jo Warinner, Secretary
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AREAS TO BE MAINTAINED BY THE DISTRICT
'
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.
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The remanufactured slopes along the southerly and westerly
boundaries of said tract lying within Lots 12 through 19,
inclusive.
1
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,
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San Juan Creek Road on the north and Camino La Ronda on
the south.
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' It is anticipated that Tract 7654 will be activated
as soon as the landscaping is deemed acceptable by
the City. Contractor will be given written notice
' nri.or to activation of the tract.
TOTAL ANNUAL COSTS: $ 10,404.00
1
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.
' TRANSCONTINENTAL FACTORS INC., by its Treasurer
SIGN URE OF BIDDER
1P. 0. Box 4119, San Clemente, CA 92672
ADDRESS
' (714) 492-2943
TELEPHONE NUMBER
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1 NON-COLLUWN' AFFIDAVIT TO BE EXECU T BY
BIDDER AND SUBIMITTED WITH BID
1 STATE OF CALIFORNIA )
1 County of ORANGE ) �s
1 JO WARINNER being first duly sworn deposes
she
and says that ba is Secretary/TrrPasurPr of
1 TRANSCONTINENTAL FACTORS INC. the party making the
foregoing bid; that such bid is not made in the interest of or on behalf
1 of any undisclosed person, partnership, company, association, organization,
or corporation; that such bid is genuine and not collusive or sham; that
said bidder has not directly or indirectly induced or solicited any other
bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that any one shall refrain from bidding; that
said bidder has not in any manner, directly or indirectly, sought by
1 agreement, conanunication 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
1 to secure any advantage against the public body awarding the contract
of any one interested in the proposed contract; that all s=tatements
contained in such bid are true; and further, that said bidder has not
directly or indirectly, submitted his bid price or any breakdown thereof,
1 or the contents thereof, or divulged information or data relative
thereto, or paid and will not pay any fee in connection therewith, to
1 any corporation, partnership, company, association, organization, bid
depository, or to any member or agent thereof, or to any other indi-
vidual except to any person or persons as have a partnership or other
financial interest with said bidder in this general business.
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TRANSCONTINENTAL
ByJo
1
Subscribed� and sworn
rinner
to before me
this day of
August , 19 80
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_
�nunxnmwmwnnnnmm..nmm�mmmnumnnnwnmmmmmm�maimmnimm
OFFICIAL SEAL
MELISSA S. MEEKER
�f'i
3 NOTARY PUBLIC CALIFORNIA
(10
1
Notary Yubl.l c in nd
for said County and Stat('
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Expires May8 1981
�Innnnnnnmm�mnnmmnmm�mmixunnmm�wmiwnnnuunxnnuuunuu
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BALBOA INSURANCE COMPANY
PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, TranscOnt]nental—Factors , Inc
L05-047424
as Principal, and the BALBOA INSURANCE COMPANY, a corporation under the laws of the State of California, as
Surety, are held and firmly bound unto — City 6f San Juan Capistrano _
10% of amount bid not to exceed: (hereinafter called the obligee)
in the full and just .in of One Thousand Two Hundred Dollars nO/100thsDollars, (S 1 200.00 __ )
for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors,
successors and assigns, jointly and severely, firmly by these presents.
WHEREAS, the said PRINCIPAL has submitted the accompanying bid for --_—
Ground Maintenance Tract 7654
NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as
may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful
performance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect.
Signed and Sealed this
1LOGIE674
11
day of _. AU st
Transcontinental Factors
PRINCIPAL
o 14arinner, Tres.
19 80
BAL7 INSURANCE COMPANY
By zu_
ATTORN 7 -IN-FACT ..
Cathy M Batsell
STATE OF California
ss:
Countyof Ting Apaples
On this I day of - 19 before me
W.J. Shupper a Notary Public in and for the said
Countyof Los Angeles Stateof California residing therein,4lycommissioned
and sworn, personally appeared Cathy M. Batsell knuwn to me to be the
Balboa Insurance Company, the corporation that executed the within iris rument, a
that he subsc Company thereto a d isn na
OFFIIAL. SEA7[A . U L �k
NotaryP li•inandfon he
Turney -in -Fact of the
acknowledged to me
as Attorney -in -Fact.
County of
Los Ange e's_ S re of California
0BALBOA INSURANCE COMPANY •
620 NEWPORT CENTER DRIVE, NEWPORT BEACH. CALIFORNIA 92660
GENERAL POWER OF ATTORNEY
GPA 1432
POWER OF ATTORNEY VALID
ONLY IF NUMBERED IN RED
Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing
under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by
these presents make, constitute and appoint
CATHY M. BATSELL
of San Diego and State of California its true and lawful Attorney(s)-in-Fact, with full
power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the
corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said
Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted
by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962.
'Be It Resolved, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby
vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
"Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on
behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity
and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's
liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if
signed by the President and sealed and attested by the Corporate Secretary."
In Witness Whereof, Balboa Insurance Company has caused these presents to be signed by its
Vice President _ and its corporate seal to be hereto affixed this 19th day of
State of California )
j} ss.:
County of Orange
On this
that he resides
Wasik
BALB70.X 5J_ - Od 0!
IWO
..By
Feb. 6, 1948
'r , A.D., 19 79 , before me personally came
, to me known, who, being by me duly sworn, did depose and say,
"n i d I that he is
Vice President of BALBOA INSURANCE COMPANY, the company described in and which
executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said Compan ; and that he signed his name thereto by like order.
OFfICIAL SEALKIMBERLY A. FORREST(44-
NOTARY PUBLIC CALIFORNIA Notary Public
PRINCIPAL OFFICE IN
ORANGE COUNTY
My commission Expires Aug. 22. 1983
I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and
correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of
Attorney is still in force and effect.
And 1 do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under
and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a
meeting duly called and held on the 24th of March 1972, and that said resolution has not been amended or repealed:
"RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of
this Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and
that such printed facsimile signature and seal shall be valid and binding upon this Corporation."
GIVENAr by hand and �thy seal of said ompany, at Newport Beach, California, this L f Imo" day of
-C.�t LUi k� , 19�.
THIS POWER OF ATTORNEY ��E.F�v,FECTIVE O-NLL(Yr��
IF ATTACHED TO BOND NO.W. _ C:�d ! 7c}"'(
\V► ?CkS
EZIE{J1
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 of San Juan Capistrano
will. up to 2:00 p.m. on the 13th day of August 1980,
receive sealed proposals or bids for the landscape maintenance of
' Tract 7654, in accordance with the approved specifications on file
in the office of the City Clerk of the City of San Juan Capistrano,
City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California.
Bids will be received until the time hereinbefore indicated at
' the San Juan Capistrano City I:all, 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 15 days
after the written notice that said contract has been awarded to
' him for the work.
A pre-bid conference is scheduled for 10:00 a.m on the 7th day of
' August 1980, 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
' attendance at this conference to receive any information dis-
closed during the proceedings, for the City shall not disseminate
any records of the conference. Exclusive of written addendums and
this pre-bid conference, the City shall not be responsible for any
instructions, explanations, or interpretation of the specifications
and contract documents presented to the bidders in any manner.
' BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of
the State of California, copies of the prevailing rate of per diem
wages, as determined by the Director of the State Department of
Industrial Relations, are on file in the office of the City Clerk
' and shall be made available to any interested party on request.
Copies of the specifications are on file in the office of the
City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan
Capistrano, California. Copies of the specifications for use in
preparing bids may be obtained at the office of the City Clerk, San
Juan Capistrano _at the address shown above. One _set of 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.
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Each bidder shall state the California Contractor's License
Number of such bidder so bidding, as no bid will be accepted
from a Contractor who has not been licensed in accordance with
the provisions of the laws of the State of California relating
to the licensing of Contractors.
This notice is hereby given and published by order of the City
Council of the City of San Juan Capistrano, and is dated this
17th day of July 1980.
MARY ANNNOVER, CITY CLERK
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
The successful bidder, simultaneously with the execution of the
contract, will be required to furnish a faithful performance
bond equal in amount to one hundred percent (100%) of the annual
contract price and a'labor and materials bond equal in amount
to one hundred percent (100%) of the annual contract price.
The City Council reserves the right
received and to compare the relative
bids and to choose that which in the
best serve the interests or needs of
1
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to reject any and all bids
merits of the respective
opinion of said City will
said City.
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CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY
STATE OF CALIFORNIA
SPECIFICATIONS AND CONTRACT
DOCUMENTS FOR MAINTENANCE OF
LANDSCAPING IN TRACT 7654
CITY COUNCIL
GARY L. FIAUSDORFER, MAYOR
JAMES E. THORPE PHILLIP R. SCHWARTZE
LARRY BUCHHEIM KENNE'T'H E. FRIESS
W. D. MURPHY,
DIRECTOR OF PUBLIC WORKS
July, 1930
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T A B L E O F C O N T E N T S
CONTRACT DOCUMENTS
NOTICE INVITING BIDS ............................... 1
BID PROPOSAL ....................................... 3
NON -COLLUSION AFFIDAVIT ............................ 7
INSTRUCTION TO BIDDERS ............................. 9
AGREEMENT ..........................................12
BID BOND...........................................18
FAITHFUL PERFORMANCE BOND .......................... 19
LABOR AND MATERIAL BOND ............................20
GENERAL PROVISIONS .................. ............23
' • � ,� ".• \ice t \, _�i� D ^/" � i .G- �% /
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III` � v� -` i Y'�. ���� /•�
STRUCTION TO BIDDERS .
Securing Docrment:s.
Specification documents will be available for examination without charge
' and copies may be secured in accordance with the "Notice Inviting Bids."
Examination of Specifications and
The bidder is requi.red to 'examine
the specifications very carefully.
1 character, quality and quantities
materials to be furnished and the
Site o`_ P7ork.
the site of work., the proposal, and
Ile shall satisfy himself as to the
of the work, to be performed, 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 wort: unless alternate
bids are called for. A person, firm or corporation who has submitted
.a sub -proposal to a bidder, or who has quoted prices on materials to
a bidder, is not hereby disqualified from submitting a bid in his own
behalf.-
Bids
ehalf.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 will be permitted. Mistakes may be crossed out and
corrections typed or written in ink adjacent thereto and
must be initialed in ink by the person or persons signing
'
the bid.
•C.
Bids shall not contain any recapitulation of the work to
'
be done. Alternate proposals will not be considered except
as required hereinabove. No oral, telegraphic or telephonic
proposals or modifications will be considered.
D.
The City may require any bidder to furnish a statement of
his experience, financihl responsibility, technical ability,
'
equipment- and references properly and fully filled out.
E.
Each bidder must accompany his bid with either a cashier's
'
check upon some responsible bank, or a properly certified
check upon such bank, or an approved corporate surety bond
payable to the City for .such a sum of not less than ten (10)
IF, Bids shall be delivered to the City at the location stipulated,
'on or before the day and hour sett for the opening of bids,
as hereinbefore specified in the "Notice Inviting Bids."
Bids shall be enclosed in a scaled envelope bearing the title
' of the work and the name of the bidder.
Licensing of Contractor.
Ll persons, firms, partnerships or corporations shall be licensed in
accordance with the Business and Professions Code of the State of
'California and the applicable ordinances of the City and County before
doing any work of any kind.
Withdrawl of Bids.
Any bidder may withdraw his bid in person or by written request at any
time prior to the scheduled closing time for receipt of bids.
Opening of Bid Proposals.
The City will, in open session, publicly open, examine, and declare
the bids at the time set forth in the "Notice Inviting Bids." Bidders
or their authorized representatives are invited to be present.
Interviow of Bidders
'If deemed necessary, the three lowest bidders will be requested to appear
for interview before the Director of Public Works or his authorized
_ repreccntative.
rd Of Contract or. Rejection of Bids.
No bidder
the (late
either be
from the
may withdraw his bid for a period of forty-five (45) days after
set for the 011011ing of bids. The contract for the work will
tnaau-ded or the bids rejected within the forty-five (45) days
(late set for the opening of bids.
-10-
percent of the a0regate sum of ,the bid,
cich check or
bond and the monies represented thereby
sharl be held by
the City as a guarantee that the bidder,
if awarded the
'
contract, will in good faith enter into
such contract and
furnish the required bonds.
'
The bidder agrees that, in case of his refusal
or failure
to .execute said contract and give bonds
within the time
required by these documents, such check
or bond, and the
'
money represented thereby, shall remain
the property of
the city and, if the bidder shall fail to
execute said
contract, said surety will pay to the City
the damages
which the City may suffer by reason of such
failure,, not
exceeding the sum of ten (10) percent of
the amount of the
bid. A -bid received and not accompanied
by such cashier's
'
check, certified check or approved bond
shall be rejected.
IF, Bids shall be delivered to the City at the location stipulated,
'on or before the day and hour sett for the opening of bids,
as hereinbefore specified in the "Notice Inviting Bids."
Bids shall be enclosed in a scaled envelope bearing the title
' of the work and the name of the bidder.
Licensing of Contractor.
Ll persons, firms, partnerships or corporations shall be licensed in
accordance with the Business and Professions Code of the State of
'California and the applicable ordinances of the City and County before
doing any work of any kind.
Withdrawl of Bids.
Any bidder may withdraw his bid in person or by written request at any
time prior to the scheduled closing time for receipt of bids.
Opening of Bid Proposals.
The City will, in open session, publicly open, examine, and declare
the bids at the time set forth in the "Notice Inviting Bids." Bidders
or their authorized representatives are invited to be present.
Interviow of Bidders
'If deemed necessary, the three lowest bidders will be requested to appear
for interview before the Director of Public Works or his authorized
_ repreccntative.
rd Of Contract or. Rejection of Bids.
No bidder
the (late
either be
from the
may withdraw his bid for a period of forty-five (45) days after
set for the 011011ing of bids. The contract for the work will
tnaau-ded or the bids rejected within the forty-five (45) days
(late set for the opening of bids.
-10-
' The contract for.the woo will be awarded to the West responsible
bidder complying with these instructions and with the "Notice Inviting
Bids." The City, however, reserves the risbt to r_ eject any or all bids
and to waive any nonconformity in the bids received.
The bidder to whom the award is made shall execute a written Contract
with the City and furnish the stipulated bonds within f if teen (15) days
after the notice of award of contract. The Contract Agreement shall be
made in the form adopted by the City. The release of the successful
bidder's surety deposit, as previously stipulated, shall be made upon
the City's acceptance of the Labor and Materials Bond and the Faithful
Performance Bond. '
If the bidder to whom the award is made fails to cater the contract as
.herein provided, the award may be annulled and an award may be made
'to the next lowest responsible bidder; and such bidder shall fulfill every
stipulation embraced herein, as if he were the party to whom the first
award was made. A corporation to which an award is made shall furnish
'evidence of its corporate existence and evidence that the officer signing
the contract and bonds for the corporation is duly authorized to do so.
' Bonds.
The successful bidder, simultaneously with the execution of the Agreement,
will be required to furnish a Labor and Materials Bond in a sum not less
'than one hundred percent (100%) of the total annual amount payable by the
terms of the contract and a Faithful Performance Bond in a sum not less thz
one hundred percent (1000-) of the total annual amount of the•contract. Sai-
bonds shall be secured from a surL,.y company satisfactory to the City.Sure-
companies, to be acceptable to the City, must be 'authorized to do business
in the State of California and be on the accredited list of the United
States Treasury.
' Time of Performance.
The work shall. be commenced within fifteen (15) calendar days from the
'-
date' of.execution of the contract and shall be diligently prosecuted for
a period of twelve (12) months.
Assignment of Contract.
'No assignment by the Contractor of any contract to be entered into
hereunder or any part thereof, -or of funds to be received thereunder
by the Contractor, will be recognized by the awarding 'authority and the
surety.has been given notice of such assignment in writing and has con-
' _sented.thcrcto in writing.
Workmen and
Wal es.
`
'
Attention i -s
specifically directed to
all provisions of the
Labor Code
of the SCa,.e
of California
with regard
to workmen and wages.
Wages shall
'not
be less
than prevailing
wage rates
determined by the City
pursuant to
said Code and
as listed in
the "Notice
Inviting'Bids".
-11-
1
CENERAL PROVISIONS
1
Turf Grass
'
1.
All lawn areas are to be mowed weekly, or as needed to
maintain the height ,poci_ficd below and borders neatly
edcfocl. "'rim around snrinlcler heads as needed to provide
T aximum water coverage. Trim around any planters. Re-
move and dispose of all cuttings. Mow to the following
height:
Bluegrass 1-3/4" to 2-1/4"
2.
Irrigate as necessary to maintain proper growth rate
and optimum appearance (see 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 other mixed
arcU...
4.
Aerate once a year between February 1 and I4arch 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.
G.
Fertilization:
,.
Bluegrass turf and other mixtures shall be fertilized
every three months, ;is 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.
'
7.
A broad sj)Lctrum fungicide (such as Actidone RZ) shall.
beappliedto all- hlu.ograss turf at the pr.evc-ntive
rale beginning April 1 each year. Additional appli-
c,u ion:, 1 L>o marlo at the curative rate as nocessary
throughout the year.
--23-
'
Slope Care
1.
Ground cover. (grass, herbaceous plants)
a. Irri'i.tt-e a = re cjuired to mai-nt_ai.n a rea:;onable
appearance.
'
b. Fertilization:
Gras area^ (Alta 1�oscue, etc.) s11a11 he
fertilized every 170 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, incl,,jding rodents and snails, as
'
needed.
d. Maintain slopes weed free.
'
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
tfree.of
plant growth.
Shrub and
Ground Cnvnr 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 bread spectrum preomergent weed control, such as
'
Treflan, shall be applied to shrub beds and ground
cover beds in April and September of each year.
'
Additional weed control shall be initiated. as
necessary to maintain a 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 mrtoria].
Trite and o0g, as, neces::ary 4-(-,restr- Ct growth from
encroaching on sidewalk or other adjacent areas.
/.
lrriq:tle a:: required to rriintai.n, adequate growth rate
and rc�asonab]c a}�t�caranco.
-24-
r
I 0 0
1
8.
Annual bedding plant areas shall be programmed for
1
replacement as directed by the Director of Public
1
7.
Works or his authorized representative. Replacement
plants shall be of a suitable type to provide the
1
I(,; .
maximum .:::.cant of color (b).00m) duri_nct the tirnc they
1
are in the bed areas. All of the applicable maintenat=ce
l�rc,rc�s:- c-uvcrcu in t};is s cLi-on slt�tl.l. ar�;-,]y l -O these
1
annual bedding plant areas as well.
1
Trco Care
Irrigate as required to maintain adequate growth rate
1
appearance.
1
1.
Shape, trim and prune to maintain a reasonable
1.
The CONTRACTOR shall maintain the complete sprinkler
appearance.
1
2.
Annually thin out, shape and head back all trees.
1 3. Control pests and diseases as needed.
4. Remove all dead and damaged branches back to point of.
breaking.
1 5. Stake and support trees when necessary.
1
6.
Stakes and ties will be placed so no chafing of bark
1
occurs. Remove as soon as no longer needed.
1
7.
All guys and ties shall be checked frequently to
avoid
girdling.
I(,; .
Applical-.;:is of an iron chelate fertilizer shall be
1
used as needed throughout the year, where necessary
to maintain healthy, vigorous growth and good foliage
color.
1
9.
Irrigate as required to maintain adequate growth rate
appearance.
1
Irrigation System
1.
The CONTRACTOR shall maintain the complete sprinkler
1
system in an operable condition.
2.
Rcpair and adjust all sprinkler heads to mait:t-ain proper
1
coverage.
3.
Adjust water application to compensate for changes
in t:eathcr. CONTJtACTOR will. be responsible for
1 _
damnc+,cs occurring due to under -watering or over- -
watcl:inch.
1
4.
All rep1acrc-ments to he with oi-icrinal type material
or suLr,L.i.tuCus atpprovud by the Cl'J'Y.
1
1
1
-26-
5.
Repair or replacement of equipment damaged as a result
of CONTRAC'TOR'S negligence shall be replaced at the.
CONTRACTOR'S expense.
6.
D;image not re�;ultincr from COMPRACTOR'S ne(lligence
will. be reported promptly to the CITY, together with
all of corns; for correction of thc. condition.
7.
All. syst_er:s to be operaLion_zlly checked a minimum of
once a t:eek .
'S.
Irrigation will be accomplished between 10:00 p.m.
and 3:00 a.m., subject to change by CITY.
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.
1
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
t
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 Si,ns, Lights and Devices and with
'
all other applicable ordinances and statutes. When
working adjacent to the roadway, red vests shall be
worn at all times.
'
4.
Leaves, paper., weeds, and any other debris will be
removed from landscaped areas and disposed of offsite.
'
5.
CONTRACTOR will clean sidewalks, roadways, and any
other areas dirtied by his maintenance operations.
6.
CONTPACTOR will report to CITY any malfunction of
the lighting system in any CITY maintained area.
7.
Notification of all "specialty type" maintenance
oper.atioiis shall be given to the CITZ 48 hours prior
to each of these operations by the CONTRACTOR.
" Special.Ly Type" mai.ntenc�.;:ce operations ars, defined
fertilization, preemorgent weed control; _turf_
aeriticaLion; turf cieLhaLching; preventive application
Of tin -f fundi ci.dc; and annual type beddinu_ plant
'
rep]acements.
1
1
-26-
• 0
'
S.
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, 3:'400 Pc:seo T•.deiaiito, SI -in Juan Canistrano.
CONTRACTOR is further required to stock high usage
itcas; `_:n rc;�_.ir oi. irrigation systems. CC�:v'PiLn.C`S`O1:
will be reirihursed the wholesale cost of such materials
and parts upon preseniation of properly itemized
invu.c,s. Any oth e't.-..es of materials requ-ired to
be furnished will be considered as extra work (see
Exhibit I, N).
'
9.
CONTRACTOR is required to maintain an office in
Orange County and provide the office with phone
service during normal working hours. If a telephone
answering service is utilized, the answering service
shall be capable of contacting CONTRACTOR by radio or
pager. CONTRACTOR is further required to provide
CITY with an emergency number for contact outside the
normal working hours.
10.
Whenever herbicides are used, CONTRACTOR shall apply
'
when air currents are still, to prevent herbicide
drift onto adjoining property, and to prevent any
toxic exposure to persons whether or not they are
'
in or on the grounds.
11.
CONTRACTOR is also required to provide uniforms and
name badges for all :ield personnel.
12.
Prune plant materials so that all traffic control
signs are clearly visible to approaching drivers.
13.
Prune plant materials adjacent to roadway intersections
to provide adequate sight distance for vehicles
entering the intersection.
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.
Rake and remove debris, trash and other materials a
minimum of twice a week.
16. Remove from park any and all animal feces or materials
detrimental to human ,iealth daily.
H
1
-27-
' Extra Work
1. Extra work will not be performed without prior approval
' by CITY unless a condition exists wherein it appears
there is danger of injury to persons or damage to
property.
' 2. Extra work may be required by the CITY as a result of
acts of God, vandalism, theft, civil disturbances or
accidents.
' 3. Lxtra 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.
5. The Director of Public Works, or his authorized
' representative, is authorized to approve extra
work up to 25 percent of the annual cost of the
Agreement.
Assumption of Maintenance
The CONTRACTOR shall assume maintenance when the Department of
' Community Planning and Development deems the landscaping
acceptable.
The Department reserves the right to accept portions of the
district which meet criteria, and to delay acceptance of others.
At the time that each portion is accepted, CONTRACTOR will begin
' maintenance and will receive partial payment based on the per-
centage of the district accepted at that time. The Department
will consider acceptance when plants are at least 800 (eighty)
established in a particular area.
tStandards 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.
-zs-
0 CERTIFICATE OF INSURANC0
This is to certify that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
has in force for TRANSCONTINENTAL FACTORS INCORPORATED
Name of Policyholder
Address of Policyholder
SAN CLEMENTE, CALIFORNIA 92672
location of operations TRACT 7ArA — CTTY OF SAN JUAN CAPISTRANO
SAN JUAN CAPISTRANO, CALIFORNIA 92675
the following coverages for the periods and limits indicated below.
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
LIMITS OF LIABILITY
(eff./exp.)
90-045739-0
jX Comprehensive
u General Liability
3-1-80 to 3-1-81
❑ Dual Limits for: BODILY INJURY
Each Occurrence $ _
Manufacturers' and
❑ Contractors' Liability
Aggregate $ _
PROPERTY DAMAGE
❑Owners', Landlords' and
Tenants' Liability
Each Occurrence $
The above insurance includes
❑ PRODUCTS - COMPLETED OPERATIONS
(applicable if indicated by ®)
Aggregate- $ _
OWNERS' OR CONTRACTORS' PROTECTIVE LIABILITY
Combined Single Limit for: BODILY INJURY AND
PROPERTY DAMAGE
_ CONTRACTUAL LIABILITY
Each Occurrence $ 1annnonnn
Aggregate $ l,nnnrnnn
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
(eff./exp.)
CONTRACTUAL LIABILITY LIMITS
(If different than above) BODILY INJURY
Each Occurrence $
PROPERTY DAMAGE
EiWatercraft
Liability
555
Automobile
3579 C01 55C
-1-80 to 3-1-81
78odoee
Each Occurrence $—
4010 248 806 SSA
Automobile
76 Kar Van
—1-80 to 3-1-81
Aggregate $_
Workmen's Compensation
Coverage A STATUTORY
❑Coverage A
Employer's Liability
Coverage B $
- Coverage B
'Aggregate not applicable if Owners', Landlords' and Tenants' Liability Insurance excludes structural alterations, new construction or demolition.
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE
COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN.
STAT[ FARM JOE ANDERSON, Agent
540 North EI Camino Real
San Clemente, California 92672
INSURANCE
Phone: 714 492-5900
NAME AND ADDRESS OF PARTY TO WHOM
CERTIFICATE IS ISSUED i �
F
`, L
L—
F"94.4 ".:"
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistranot California 02675
J
0
The contractor shall perform his work in accordance with the
Standard Specifications for Public Works Construction, 1976 Edition,
hereinafter referred to as the Standard Specifications. The con-
tractor shall maintain a copy of this book on the job site at all
times. The provisions of the Standard Specifications shall be
modified at 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 the 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
maintained by him, whether on or off the premises, with
liability limits of not less than $500,000 for any one
person, and $500,000 for any one accident, and property
damage of $500,000. The insurance amounts set forth
herein are the minimum amounts required by the City. Other
agencies with which the contractor may be involved in the
accomplishment of the work may require greater amounts.
The City will not recognize any claim for additional
compensation because of the requirement for greater amounts
of insurance, as an element to be considered by the con-
tractor in determining his bid.
-14-
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CALIFORNIA 92675
\ PHONE 493-1,1/71
August 22, 1980
Transcontinental Factors
p. O. Box 4119
San Clemente, California 92672
Re: Award of Contract - Landscape Maintenance
in Tract 7654
Gentlemen:
At their meeting of August 20, 1980, the City Council
awarded the contract for landscape maintenance in Tract 7654
to your company at an annual amount of $10,404.
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.
Please note Page 14 of the Contract regarding Bonds
and Liability Insurance. These requirements must be met as stated
before the contract is effective. Also, please be advised that
the term of the Contract will commence upon acceptance of the
landscaping by the City.
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` NN HANOVER, CMC
City Clerk
MAH/cj
Enclosures
cc: Director of Public Works
4S.DD OECI FICATIONS,/.DRAUJ )ACAS
—r&kcm—jUS4L LPCI'51yJa
'NTATIVE CONTRACT AWARD DATE:
m m
A A LIV"i E
A Q Q R E %Qf S
PHONE
Vic).
COPIE
S o +0 C O
Qt log 39 Q-Q�,l 0 OCA-
49
AIILA Eko) Ab i
x
C
G c
�Icl 19-
SkI
14,
a,
z] 2—
Wit) cjlj� 9
j32400 PASEO ADELANTO ,
SAN JUAN CAPISTRANO, CALIFORNIA 92675
t ,
PHONE 493-1 t7t
July 17, 1980
Patrick Development
2643 Fourth Avenue
San Diego, California 92103
Re: Landscape Maintenance District, Tract 7654
Gentlemen:
At their meeting of July 16, 1980, the City Council
approved the plans and specifications and authorized a call
for bids for the Landscape Maintenance District in Tract 7654.
Very truly yours,
(MRS) MARY ANN HANOVER, CMC
City Clerk
MAH/Cj