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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 C TIVE /ON�LYC l EF ATTACHED TO BOND NO. W 7 7 ?CiSecretary 529Es]2 v NG a :oo ?tM mma► a ► 1910 IDDER AMOUNT Ol ash ieK t C ���� ��s{- G R2dQN�N S,2K✓ � �q %�� A+JNUl4-L �eA. N S e -v N 4--1 N 410 40 y I N v L '�0Y 0-o.� �31i7$1.51 ANA AL- 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. -71I(,/j U 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. -1- 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. -2- 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. -3- ' The following is the name and place of business of the surety company which will furnish the required bonds as surety if the ' work is awarded to the undersigned: 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 1 -4- BOARD OF DIRECTORS Warren F. Fenske, Chairman Lyle Sardie, Director Juan Luna, Director Jo Warinner, Secretary 1 • • 1 1 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. 1 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, 1 San Juan Creek Road on the north and Camino La Ronda on the south. 1 1 i 1 1. . 1 1 1 ' -5- i 1 ' 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 -6- 1 Y4 c �A M�%Itnl l ne CS to In ki L a • u c - cl Q u R ff r. W _ x O a ^N w � U J <i A U 7 (q Q 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. 1 1 TRANSCONTINENTAL ByJo 1 Subscribed� and sworn rinner to before me this day of August , 19 80 1 _�� _ �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 1 . -g- 1 1 • • 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. I I 1 1 I 1 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 -2- to reject any and all bids merits of the respective opinion of said City will said City. 1 1 1 1 1 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 1 t 1 1. 1 1 9 -i- • 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- �% / • ' .uJ 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