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09-1014_CARLSON LANDSCAPING_Contract
• ° 89-009469 M RECORDEDINOFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA 3:30 JAN 6 1989 EXEMPT RECORDER I C13 RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto "Mary Ann H ver, City Clerk San Juan Capistrano, CA 92675 City of SarOuan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Carlson Landscaping for the performance of the following work: - CONSTRUCTION OF OSO PARK That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 3rd day of January , 1989 , by Resolution No. 89-1-3-2 That upon said contract, the Ohio Casualty Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 4th day of January , 1989 . Mary Ann H over, City Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 4th day of January 1989 Mary Ann rover, ity Jerk City of San Juan Capistrano • • "City Copy" CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and Carlson Landscaping hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETA EEN THE PARTIES AS FOLLOA S: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specifications for Public works Construction, 1985 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the wori, originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE RORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perforn, and complete in good and workmanlike manner the construction of Oso Park Improvements in strict conformity w itr the Pians, Specifications and all other contract documents, which documents are on isle at ire Oif.ce of the Citi Clerk, City Hall, 32400 Paseo Adelanto, Sari Juan Cap:strano, Cahiorn!a. THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the iump sun- adjusted for variations of quantities, at the prices desienated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT .AND COMPLETION OF THE IIORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting NET Bids. It is agreed that it would be impracticable and extremes) difficult to fix the actual amount of damages, and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for ar. amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay City such sum as the Court ma, judge as reasonable for the legal services of ani attorney representing the City in an; action brought to enforce or interpret the obligations of this agreement, and such suns s''ah be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pad attorney's fees incurred b, Citi in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM V AGES. 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 or, file in the offices of the City Clerk, 32400 Paseo .Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or -15- any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the City and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. The insurance policies shall bear an endorsement or shall hace an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this construction agreement. EIGHTH. COMPLIAN�CE u ITH OTHER PRO\ ISIONS OF L.A'1 RELATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB- CONTRACTOR, for each calendar day during which such workman is required or -16- permitted to work more than eight (S) hours in violation of the provisions :I article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN RITNESS it HEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and b; CONTRACTOR on the date set before the naive of each. DATED: 2/tc,/RR ATTEST: Mary Ann H v r, City Clerk AS TO FORM: , City Attorney CITY OF SAN JUAN CAPISTRANO B Y: MAYOR AN -17- 0 CONSENT CALENDAR 0 It was moved by Councilman Schwartze, seconded by Council Friess, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Friess, and Mayor Hausdorfer NOES: None ABSENT: Councilman Buchheim 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated December 29, 1988, in the total amount of $1,092,654.90, was approved as submitted. 2. REPORT OF PARKS AND RECREATION COMMISSION (920.20) The Report dated January 3, 1989, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of December 19, 1988, was ordered received and filed. -_�> 3. COMPLETION OF OSO PARK (600.30) --- As set forth in the report dated January 3, 1989, from the Director of Public Works, the construction of Oso Park and maintenance period for the new construction have been completed as a Capital Improvement Program project. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 89-1-3-2. COMPLETION OF OSO PARK IMPROVE- MENTS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUC- TION OF OSO PARK IMPROVEMENTS (CARLSON LANDSCAPING COMPANY) The Resolution accepted the work as complete in the amount of $25,930.60 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $2,593.06 thirty-five days after recording the Notice of Completion. -3- 1/3/89 0 0 AGENDA ITEM January 3, 1988 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Oso Park - Resolution, Notice of Completion and Final Report SITUATION The construction of Oso Park has been completed to the satisfaction of the City Engineer and the Maintenance Division. In addition, the maintenance period for the new construction has been completed and the park located at the southerly end of Avenida De La Vista is ready for acceptance by the City Council and recordation of a Notice of Completion with the County Recorder. Oso Park is a Capital Improvement Program project. NOTIFICATION Carlson Landscaping COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The contract was awarded to Carlson Landscaping for $25,930.60 and has been completed for this amount. This project is a carry over from the last fiscal year and sufficient funds are available in Account No. 12-6900-4704-115. ALTERNATE ACTIONS 1. Accept the improvements to the park. 2. Do not accept this improvements. 3. Request additional information from Staff. RECOMMENDATION By resolution, determine that the work for Oso Park has been completed and declare the work to be accepted; direct the City Clerk to forward a Notice of Completion to the County Recorder for recording; and authorize Staff to release the ten (10) percent retention in the amount of $2,593.06 thirty-five (35) days after the recording of the Notice of Completion. Respectfully submitted, '� "e W. D. Murphy WDM/HSW:nb FOR CITY COUNCIL AGENDA 2 ��J , RESOLUTION NO. 89-1-3-2 COMPLETION OF 060 PARK IMPROVEMENTS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF OSO PARK IMPROVEMENTS (CARLSON LANDSCAPING COMPANY WHEREAS, on the 16th day of February, 1988, the City of San Juan Capistrano entered into a contract with Carlson Landscaping Company for the construction of Oso Park Improvements; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San Juan Capistrano, as follows: SECTION 1. That the work required to be performed by said contractor has been comped. SECTION 2. That the total cost of said work is in the amount of $25,930.60. SECTION 3. That the work is hereby accepted and approved. SECTION 4. The City Clerk is directed to forthwith forward a "Notice of Completion" to the ounty Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 3rd day of January '1989. Y HAUSDORFER, MAY R ATTEST: -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 89-1-3-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day of _January , 1989, by the following vote: AYES& Councilman Schwartze, Friess, Bland and Mayor Hausdorfer NOES: None ABSENT: Councilman Buchheim 9 9 VF1I MEMBERS OF THE CITY COUNCIL M1L'G'6i VF If ANTHONY L. BLAND u R LAWRENCE F. BUCHHEIM KENNE21 I H E. FRIESS ` pr 6l 9 GAR LT HAUSDORFER PHILLIP R. SCHWARTZE NOTICE TO PROCEED TO: Mr. John Carlson Carlson Landcaping 9050 Black Bird Street Fountain Valley, CA 92708 Project: Oso Park Improvements Amount of Contract: $25,930.60 CITY MANAGER STEPHEN B JULIAN You are hereby notified to commence work on the referenced contract on or before Monday, April 11, 1988, and to fully complete all of the work of said contract within 165 consecutive calendar days thereafter. Your completion date is Friday, September 23, 1988. The contract provides for an assessment of the sum of $100.00 as liquidated damages for each consecutive calendar day after September 23, 1988, that the work remains incomplete. Dated this 16th day of March, 1988. Mary Ann anover, CMC City Clerk ACCEPTANCE OF NOTICE R ce of e regoing Notice to Proceed is hereby acknowledged b this day of 1�f, dAe ,l _ 1988. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 OW 493-1171 L vn MAR 16 Z i4 PM 188 811'"W6101111 G � t'1iLI, February 18, 1988 0 ["OCRs OF THE CITY COUHC,, (TMONY L. BLAND L1WR(NC( 1KENNETH E. RRIEss J�)N GARY L. M6USDORIER PHILLIP R SCMI ART[( CITY MA N A DER STEPHEN • IULIAN Mr. John Carlson Carlson Landscaping of Fountain Valley 9050 Blackbird Fountain Valley, California 92708 Re: Award of Contracts - Cook Park Athletic Fields and also Park Improvements Dear Mr. Carlson: The City Council of the City of San Juan Capistrano at its regular meeting held February 16, 1988, awarded the contracts for Cook Park Athletic Fields, in the amount of $79,225.31, and Oso Park Improvements, in the amount of $25,930.60, to your company. Enclosed are fully executed copies of the Agreements for your records. Also enclosed are copies of bond forms to be used. These forms must be used in order for the Bonds accepted by the City. Please provide all required bonds and insurance within 15 days. If you fail to .furnish said bonds and certificates of insurance within 15 days from the date of this Notice, the City will be entitled to consider aH your rights arising out of the City's acceptance of your bid to be abandoned and as a forfeiture of your Bid Bond. The City will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award. Please take note of pages 15 and 16 of the Agreements regarding bond and insurance amounts. The City is also to be named as an additional insured pursuant to the Standard Specifications for Public Works Construction. These requirements must be met as stated before the contract is effective. Thank you for your cooperation. If we can be of further assistance, please call. Very truly yours, D Mary Ann H over, CMC City Clerk MAH/mac Enclosures cc: Director of Public u orks Director of Administrative Services R eipt th 7="44— rice of Award is hereby acknowledged: B D h J/ day of f8/CL�b� p ,y98 3240 PASEO ADELANTO. SAN JUAN CAPIS RANO. CALIFORNIA 92675 6 (714) 493•1171 0 • were authorized to execute the contract on behalf of the City, as set forth in the report dated February 16, 1988, from the Director of Public Works. AWARD OF CONTRACT ; OSO PARK IMPRO This item was removed from the Consent Calendar at the request of Councilman Friess for clarification of the extent of improvements, which consist primarily of adddit ional landscaping. It was moved by Councilman Friess, seconded by Councilman Schwartze and unanimously carried to award the contract for improvements to Oso Park to the low responsible bidder, Carlson Landscaping, of Fountain Valley, in the amount of $25,930.60. All other bids were rejected. Several items which were a part of the bid amount were not included in the original project estimate and sufficient funds were not available. Since there were excess funds in the Cook Park Athletic Fields account, Staff was authorized to transfer $11,000 from CIP Account No. 12-6900- 4704-104 to the Oso Park Improvement Account No. 12-6900-4704-115. The Mayor and City Clerk were authorized to execute the contract on behalf of the City, as set forth in the report dated February 16, 1988, from the Director of Public Works. The following four items were removed from the Consent Calendar at the request of Mayor Bland. He noted that a letter dated February 11, 1988, had been received from Louise Rice -Lawson, Vice President, Glenfed Development Corporation, advising of their intent to complete the extension of La Novia from the easterly tract boundary to Valle Road consistent with previous agreements between Glenfed and the City. It was moved by Mayor Bland, seconded by Councilman Buchheim and unanimously carried to approve Final Tract Map 12262 with the determination that it was in substantial compliance with the approved tentative map. As set forth in the report dated February 16, 1988, from the Director of Public Works, the Improvement Agreement was approved and the Mayor and City Clerk were authorized to execute the agreement for forwarding to the County Recorder. APPROVAL OF FINAL MAP AND IMPROVEMENT AGREEMENT, TRACT 12423 GLENFED 600.30 It was moved by Mayor Bland, seconded by Councilman Buchheim and unanimously carried to approve Final Tract Map 12423 with the determination that it was in substantial compliance with the approved tentative map. As set forth in the report dated February 16, 1988, from the Director of Public Works, the Improvement Agreement was approved and the Mayor and City Clerk were authorized to execute the agreement for forwarding to the County Recorder. APPROVAL OF FINAL MAP AND IMPROVEMENT AGREEMENT, TRACT 12829 GLENFED 600.30 It was moved by Mayor Bland, seconded by Councilman Buchheim and unanimously carried to approve Final Tract Map 12829 with the determination that it was in -6- 2/16/88 AGENDAITEM TO: FROM: SUBJECT: SITUATION 0 February 16, 1988 Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works Award of Contract - Oso Park Improvements (Carlson Landscaping) Bids were opened on Monday, February 1, 1988 for improvements to Oso Park (CIP Project 12-6900-4704-115). The bids are valid until Thursday, March 17, 1988, a period of 45 days from the opening date. Seven bid packages were taken out; however, only two bids were received as follows: Firm Bid Amount Carlson Landscaping $ 25,930.60 Kema Landscaping Co., Inc. $ 38,349.00 NOTIFICATION John Carlson, Carlson Landscaping of Fountain Valley COMMISSION/BOARD REVIEW, RECOMMENDATIONS The project has been reviewed by the Environmental Review Board. FINANCIAL CONSIDERATIONS Twenty three thousand dollars ($23,000) was budgeted in CIP Account No. 12-6900-4704-115. As of January 31, 1988, $19,735 is available for the construction of the project. This leaves a shortfall of $6,195.60 to meet the low bid. The original estimate did not include costs for mobilization, guard posts, installation of a water meter and water line connection to the site, and paving for Water District and Flood Control District access roads, which are all part of the bid amounts. Staff would recommend that $11,000 be transferred from the Cook Park Athletic Fields account (CIP Project No. 12-6900-4704-104) to the Oso Park Improvements account. The Cook Park bid amounted to $79,225.30, which leaves approximately $36,945.64 in the account. Based on this large amount of excess funds, the transferring of $11,000 is not expected to adversely affect the completion of Cook Park. In addition to the construction costs and potential change orders, the $11,000 transfer will be used for construction and project administration. The low bidder for Oso Park is also the low bidder for the Cook Park Athletic Fields. AGENDA ITEM • • February 16, 1988 Page Two ALTERNATE ACTIONS 1. Award the contract for the construction of Oso Park Improvements in the amount of $25,930.60 to the low responsible bidder, Carlson Landscaping of Fountain Valley and authorize the transfer of funds in the amount of $11,000 from CIP Account No. 12-6900-4704-104 to CIP Account No. 12-6900-4704-115. 2. Do not award the contract. 3. Request further information from staff. RECOMMENDATION By motion, award the contract for the construction of Oso Park Improvements to the low responsible bidder, Carlson Landscaping of Fountain Valley, in the amount of $25,930.60 and reject all other bids. Furthermore, authorize the transfer of $11,000 from CIP Account No. 12-6900-4704-104 to CIP Account No. 12-6900-4704-115. Respectfully submitted, W. D. Murphy WDM/BP:nb r / 1 BOND #2 585-441 PREMIUM: $ 373.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That CARLSON LANDSCAPING as Principal, hereinafter called CONTRACTOR, and THE OHIO CASUALTY INSURANCE CO. as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of TWENTY-FIVE THOU- SAND, NINE -HUNDRED AND THIRTY 60/100ths-- Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated FEBRUARY 16, 1988 , entered into a (describe agreement): CONSTRUCTION OF -------------- OSO PARK IMPROVEMENTS ------------------------------------ which contract is by reference made a part hereof; CIP PROJECT NO. 12-6900-4704-104 NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. _20- STATE OF CALIFORNIA COUNTY OF ORANGE se On this ...29th day of ET%UARY............... in the year1988 ............. before me, .YNIK.TA .. :...$QI?RELL...... , a NOTARY PUBLIC in and for said INoury'e Name) CIAL SEAL i' State, personally appeared .......ROBERT MOORE WNW:aryPubfic-Caftfornia M. SORRELL known to me (or proved to me on the basis of satisfactory evidence) personally be nia the person whose name is subscribed to this instrument as the attorney -in - GE COUNTY fact of THE OHIO CASUALTY INSURANCE COMPANY, and acknowl-edged to me that he (she) subscribed the name of THE OHIOCASUALTY Fxo. Der 6. 1991 INSURANCE COMPANY thereto as Surety and his (her) own name as attorney-in-fact. Notuy Public in and for said State MY Commission Expires........ DECEMBER 6, 1991 ................................... S.-4828 F r 0 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 29th day of FEBRUARY_ GARDEN aPQVF. , California. APPROVED AS TO FORM SURETY 1988 at Notary P-Wic-Calftmla— ORANGE COUNTY kly comm EYP. pec. 6. 199, THE OHIO CASUALTY INSURANCE COMPANY , 1'111�e /, c RO RT MOORE, ATTORNEY-IN-FACT OTARI TION AND SEAL) -21- 0 0 Premium Included LABOR AND MATERIAL BOND KNOW ALL NEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to CARLSON LANDSCAPING License No. 196420 , hereinafter designated as "Principal", a contract for _ conctrurti on of small park (Oso Park) at Avenida De La Vista ;and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub -contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THI Principal, and TRI held firmly bound penal sum of TWM ($25,930.60), law well and truly to successors, jointly we CARLSON LANDSCAPING vniv LAbUALil 11VDUKA1VUt UUMFANT • . as surety, are unto the City of San Juan Capistrano, a municipal corporation, in the rY-FIVE THOUSAND, NINE HUNDRED AND THIRTY 60/100ths DOLLARS ul money of the United States of America, for payment of which sum be made we bind ourselves, our heirs, executors, administrators and and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -22- STATE OF CALIFORNIA COUNTY OF ORANGE a On this .,?9th day of .......FEBRUARY 1988 .................. in the year ............, before me, CYNTHIA M. SORREL.L ............... ............., a NOTARY PUBLIC in and for said INatary'e Name) State, personally appeared ....... ROBERT MOORE personally known to me or * o ry ..vi p ) y ."� oF�=iC?i. `-�=�%! ( proved to me on the basis of satiafaeto evidence to be CYNTHIA M. SOR?ELt the person whose name is subscribed to this instrument as the attorney-in- Notary Public-CaOFomia fact of THE OHIO CASUALTY INSURANCE COMPANY, and acknowl- 'F ORANGE COUNTY edged to me that he (she) subscribed the name of THE OHIO CASUALTY INSURANCE COMPANY thereto as Surety and his (her) own name as M My Comm. Exp. Dec. 6,7 97 attorney-in-fact. Notary Public in and for said State , My Commission Expires ............ DECEMBER ............6........1991 .......................... S-4828 E IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 29th day of FEBRUARY 19 8S . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Notary Poblic-Ca!ifornie ORANGL COUNTY My Comm F.p. Dec- a, 19w APPROVED AS TO FORM OHIO CASUALTY INSURANCE COMPANY C By-- RO RT MOORE ATTORNEY—IN—FACT —23— CE IED COPY OF POWER OF Are� EY THE OHI CASUALTY INSURANCE�COMPANY HOME OFFICE, HAMILTON, OHIO Na. 23-778 ALnP{U All MPrt CIU Z4nt 13respniB: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 7 of the By -Laws of said Company, does hereby nominate, constitute and appoint: Robert Moore or Patricla A. ZSCherllig or Joyce 14. Lee - - - - - - - - - - - - - - - - - - - - -if Garden Grove, Callfornia - its true and lawful agent and attorney -in -fact, to make, execute, seal :and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGWANCES, not exceeding in any single instance TWO MIMED FIFTY THOUSAM - - - - - - - - - - - - - - - - - (s 250,000.00 Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. Insurance Company hasihRF tan the Liibrl`rsigned officer of the said TOh' Casualty I his name and affixed the Corp ora Seal of the said The Ohio Casualty Insurance Come y this $tial day of r 19 87. ��-i�SEAL STATE OF (A 110, SS. COUNTY OF BUTLER On this at}I day of October A. D. 19 O% before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Richard T. Floffinan, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me rpersonally known to be the individual and officer described in, and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the ,aid instrument by the authority and direction of the said Corporation. a ,unnnutp� IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, tl and year first above written. ........ 5p ': qp Nootr Pub is in : tat of Butler, State of Ohio �iV*; fAn�, �ypx" My Commission expires ........DeCV T."....2�1._....L�..1.+..... as" This power of attorney is granted under and by authority of Article VI, Section 7 of the By -Laws of the Company, adopted by its directors on April 2, 1954, extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney -in -Pact, etc. The chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulaunns, undertakings or otter instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or .toy official board or boards of county or state, or the United States of America, or to any other political sub- division." 'Phis instrument is signed .and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed." awriFICATE I, the undersigned Assistant Secretary of 'I'll, Ohio Casualty Insurance Company, do herebyceriifv that the foregoing power of attorney, Article VI Section 7 of the by -Laws of the Company and the above Resolution o its Board of Directors .are true .and correct copies and are in lull force and effect on this date. IN WITNESS WI-IFREOE, I have hereunto set my hand and the seal of the Company this day of A.D., 19 l= �� SEAL j i \-444N' •nrnn� 0 0 BID PROPOSAL For the: CONSTRUCTION OF A SMALL PARK (OSO PARK) AT AVENIDA DE LA VISTA From: Contractor To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works_ Construction, 1985 Edition, including all supplements therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum givenonthe following pages of this proposal, amounting to a total of: 7_10 Al r_�/ f/JD $ 2 Words FigLftes Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifica- tions or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of one hundred sixty five (165) calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. -3- • 0 • The estimated quantities of work indicated in the proposal are approximate only being given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council, then said check shall be 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 ,1-1D1)4ts — (Insert "$ cash", cashier's check, certified check or bidder's bond on the forms from Pages 18 and 19 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. • The following is the name and place of business of the surety company which will furnish the rgquired bonds as surety if the work is awarded to the undersigned: Licensed in accordance with an act providing for the registration of contractors -- License No..0 2-7 -4- M • (it 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: Pr dent, Secret�f y, Treasurer, and Manager thereof.) �N�jy!/iUi4C Q C"W/ti-C.O -> L,_SNt�['�//✓�Q Dated: �✓�D [JL,4LiL��/�f� /o�+VGAOV l�i4La Bus�ess AddrPA 8 Dated: 7/LI gbzOz-60 Telephone Number 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 Dated: Dated: • • herein. -5- Item 0 0 SCHEDULE OF WORK ITEMS CONSTRUCTION OF A SMALL PARK (OSO PARK) AVENIDA DE LA VISTA Approximate Work Items With Unit Price Unit Price Quantity (Written in Words) (In Figures) 1 LS Mobilization for the lump sum price of oy t �(% ✓titer $ Mew r/ �--�--`_ 2 14,608 sq. ft. Soil Preparation and fine grade 3 14,608 sq. ft. Hydroseed lawn $ DUE 1-e�ovsavo Twang , e v i . 4 14,608 S.F. Irrigation, including electrical e-ttteN /NO4V5i4N ✓e X" Alwr. S 14,608 S.F. Maintenance (120 days) 6 Two (2) Trees - 36" pv� owsA.va ��a vNl4o S,YryE.c3,�i' Three (3) Trees - 24" - 6.vr vvp.! e✓�N. 16 Trees - 15 gallon ©N& INou%Anrd ONE 'VVX4Q r&L7 to S $ m0 Total Amount $� i $ 3 $ Z020 $ ! 0 Item Approximate Work items With Unit Price Unit Price Quantity (Written in 'Words) (In Figures) Total Amount 7 One (1) Picnic Table - 8 foot _ 8 1 Ea. Anchor chain with concrete footing s_5 $ 35 9 1,050 S.F. install bikeway and driveway pavements %/%G6 /NU✓.iR.U� NbN✓NO/l6D tirr7" $ —3100 $ 3 /J,0 10 L.S. Install Traffic Guard Posts as T per detail $ S,/a/y Total Bid Price (enter here and on Page 3) LQ LZ - W, T rds res -6a- 0 Jwrw, mcwsnio 1961 1776 JANUARY 22, 1988 ADDENDUM NO. 2 OSO PARK, AVENIDA DE LA VISTA MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. SUCHHEIM KENNETH E. FRIESS GARY L. HAUSOORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN The following changes to the plans and specifications are promulgated through this addendum: 1. Sheet 4 of 6 Oso Park - Planting Plan Two Traffic Guard Posts i Delete 411 requirement and number of posts and construct according to detail shown on Page DS -3 entitled Traffic Guard Detail. Page DS -3 is attached to this addendum. 2. Page 6a i Add Item 10 Traffic Guard Posts, etc. A revised Schedule is attached to this addendum and shall be used in place of the Schedule contained in the Bid Package. 3. Page DS -1 i Add New BID ITEM 1 - Mobilization The Contractor shall be allowed the amount shown in the Schedule of Work Items under Item 1 for mobilization of equipment, bonds, insurance permits and other miscellaneous job costs. PAYMENT The lump sum price shall include all labor, tools, and equipment necessary for mobilization. Compensation shall be based on the lump sum price specified in the Schedule of Work Items under Item 1. ii Amend Bid Item Numbers of the following items so that BID ITEM 1 is now BID ITEM 2, etc. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 Addendum No. 2 AM• Oso Park, Avenida AWa Vista Page 2 4. Page DS -2 Add BID ITEM 10 - TRAFFIC GUARD POSTS The Contractor shall install traffic guard posts in accordance with the Traffic Guard Detail shown on Page DS -3 and at the location shown on Sheet 4 of 6 of the Oso Park Plans, as prepared by Forsum/Summers and Partners, dated June 12, 1987. Said installation shall include posts, sleeves, chain and reflectors as noted on the Detail Plan. PAYMENT Shall be based on a lump sum price as specified in the Schedule of Work Items under Item 10. A signed copy of this addendum shall accompany the bid. W.D. Murphy _ffDirector of Public 7s 0 0 Submit with Proposal. DESIGNATION OF SUB -CONTRACTORS In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the following listed sub -contractors in making up his bid, and that the sub -contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work Sub -Contractor Address Phone No. 3. 4 5. 6. 7 8. • BIDDER'S NAh1E -8- • • 0 9 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA County of ��/✓r�E ) ss. /0/./d/ /C_ C1 :�AI�LSON being t duly sworn de uses and says that he is /�jy>/j,/E/G of �9 party, making the foregoing bid; that such bid Ts not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or any- one else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. — _ DATED: On this the /d%t day of 19FiY before me, the undersigned, a Notary Public �1 in and for said State, pe ovally appeared JoP,-' 2. caV-Ise,-._ personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) IS subscribed to the within instrument, and acknowledged that k a_ executed it. OFFICIAL SEAL WITNESS my hand and official seal. „m SHERRY D. GREER NOTARY PUBLIC CALIFORNIA �^- PRINCIPAL OFFICE IN ro' ORANGE COUNTY My Commission Expires Dec. 21, 1990 Notary Public in and/for said State -7- STATE OF CALIFORNIA COUNTY OF ORANGE ~' 14th JANUARY 1988 Onthis ............ day of ..................................... in the year ............. before me, CYNTHIA M. SORRELL ..........................................••••••.•..••.........., a NOTARY PUBLIC in and for said (Notary's Name) 'state, Personallya ROBERT MOORE appeared ................... .�. • ..,IAL SFAL.. ...........................................personally SORRELL nown to me (or proved to me on the basis of satisfactory evidence) to be G, a Person whose name is subscribed to this instrument as the attorney -in - ;F Notary . V. aRAN(iEwuNry act of THE OHIO CASUALTY INSURANCE COMPANY, and acknowl- y dged to me that he (she) subscribed the name of THE OHIO CASUALTY My cmm. Exp. Ger.. e, 1991 NSURANCE COMPANY thereto as Surety and his (her) own name as ttorney-in-fact. ..............................................:...:..........:........ Notary Pnblic in and For Mid to My Commission Expires....... 2 6/91 ...................................... S-4828 ® The Ohio Casualty Insurance Company HAMILTON, OHIO BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, CARLSON LANDSCAPING (hereinafter called the Principal) as Principal, and THE OHIO CASUALTY INSURANCE COM- PANY, a corporation organized under the laws of the State of Ohio, with its principal office in the City of Hamilton, Ohio (hereinafter called the Surety) and licensed to do business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF THE AMOUNT OF THE BID ------------------------------------------------------------- Dollars ($ 107 ) 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. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has submitted the accompanying bid, dated JANUARY 18, 1988 , for OSO PARK AVENIDA DE LA VISTA NOW, THEREFORE, if the Obligee shall make any award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the time specified; or if no time is specified within thirty days after the date of said award; or if the Principal shall, in the case of failure so to do, indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void: other- wise to remain in full force and virtue. Signed, Sealed and Dated this.....14th day of ..JANUARY 88 fill®®J�'.i 1HY0 CASUALTY INSURANCE COMPANY Corney-to-Fect 9.137 -Rev. CE IED COPY OF POWER OF ATPEY THE OHI CASUALTY INSURANCE COMPANY HOME OFFICE, HAMILTON, OHIO No. 23-778 �§naiv All Metl (IV (T)lese prmtifs: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article V1, Section 7 of the By -Laws of said Company, does hereby nominate, constitute and appoint: Robert More or Patricla A. ZSCher1119 or Joyce M. Le* - - - - - - - - - - - - - - - - - - - „f Garden Grove, California - its true and Lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNI%ANCL'S, not exceeding in any single instance M HWRID FIFTY TWUSAtO - - - - - - - - - - - - - - - - - ($ 250,000.00 - - -1 Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as hinding upon said Company, as fully and amply to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. tplII try In WITNESS WHEREOF, the undersigned officer of the said The On Casualty u V �i Insurance Company has hereunto subscribed his name and affixed the Corpora Seal of the ' said The Ohio Casualty Insurance Coma y this 8fh clay of r 1 SEAL `rrW STATE. OF 01110, SS. COUNTY OP BUTLER J1 Secretary On this cath day of October A. D. 19 $7 before the subscriber, a Notary public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Richard T. Hoffman, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual .and officer described in, and who executed the preceding instrument, and he acknow- ledged the execution of the sante, ;md being by me duly sworn deposed, and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. �gtweeut IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official M #>+�yt\l`tI'tt�r St Soil at the City of Hamilton, State if Ohio, If and year irst above written. .... .Notary_PIll b ie in : tut of Butler, State of Ohio ntMtrer+�°� My Commission expires........ D4C-1ber....26...... I.".I........ This power of attorney is granted under :and by authority of Article VI, Section 7 of the By -Laws of the Company, adopted by its directors on April 2, 1954, extracts from which read: "ARTICLE V1•' "Section 7. Appointment of Attorney -in -Pact, etc. 'Che chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power anti authority to appoint attorneys -in -fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances. stipulations, undertakings nr other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political %of, division." ']'his instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 0( the by-laws co appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attomey and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, m be valid and binding upon the Company will, tilesw .title force and effect as though manually affixed." CERTIFICATE I, the undersigned Assistant Secretary of Ilse Ohio Casualty Imurduce Company, do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by -Laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect un this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this day of A.D., 19 xylld!f.{�d¢f. SEAL 'c p 0 0 B I D O P E N I N G R E P O R T ::Fc --6%) /%g6 Bids opened Monday, iaaeery- t8; 1988 at 2:30 )hwpm Project Title Construction of Small Park (Oso Park) Avenida De La Vista Project Engineer Brian Perry Pre -Bid Estimate $13,335.00 Bidder: 1. Carlson Landscaping 2. Kema Landscape Company, Inc. 3. 4. 5. 6. 7. 8. 9. 10. Bid Bid Amount Bond Adend. 9 2°i / 1 cc: City Clerk's Staff (3) Signed 222 Public Works (3) City Manager (1) Dated The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. 0 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange I am a citizen of the United States and a resident of the County aforesaid: I am over the age of twenty one years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Capistrano Val- ley News, a newspaper of general circulation in the City of San Juan Capistrano, County of Orange, and which newspaper has been adjudicated to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, June 5, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange and the South Orange CountyJudicial District; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supple- ment thereof on the following dates, to wit: December 31, 37 January 7, 1583 I declare under penalty of perjury that the foregoing is ture and correct. Executed at Mission Viejo, Orange County qn California, this ......... dayof Jan 19 ... ....-...... Signature Capistrano Valley News 23811 Via Fabricante P.O. Box 3629 Mission Viejo, Calif., 92690 L1 This space is for the County Clerk's Filing Stamp R€C€IVLrD JAN 20 4 44 ?M y9R elrr c�r�n sr= tarn Proof of Publication of NOTICE OF I2-IVITINC BIDS Notiep is hereby gi sealed proaposals or AOepids De La Vista A pre-bid confer Published: Coldstraao valley News Dee 81, 87 Jan. 7, INS an uan Capistrano will met" union of a small park low Part) e lfgk dry of January. IN& at 1&'OO A.M. on the lith day of contniciars. -- re on fae..in the office of the City w Ado erste, son Juan Capistrano. _ n.relUaidable charge of$10.00. plus I specifications mailed Miry Ann HaoMr city ciat ntomm, uy Californial #3.= 0 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Jody Kolar, Legal FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: PROOF OF PUBLICATION: AUTHORIZED BY: /7�. Lz� DATE: December 22, 1987 THURSDAY, DECEMBER 31, 1987 THURSDAY, JANUARY 7, 1988 NOTICE INVITING BIDS - CONSTRUCTION OF A SMALL PARK (OSO PARK) AVENIDA DE LA VISTA Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 Date of Bid Opening - 01/18/88 Date (s) notice published - 12/31/87 - 01/07/88 Date affidavit received - J/a0/j�� Date notice posted in designated posting places (3) - 12/31/87 0 NOTICE INVITING BIDS CONSTRUCTION OF A SMALL PARK (OSO PARK) AVENIDA DE LA VISTA Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the construction of a small park (Oso Park) Avenida De La Vista until 2:00 P.M. on the 18th day of January, 1988. A pre-bid conference is scheduled at 10:00 A.M. on the 11th day of January, 1988, 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 the non-refundable charge of $10.00, plus a charge of $5.00 for each set of Plans and Specifications mailed. Dated: December 22, 1987 CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA CONSTRUCTION OF A SMALL PARK (OSO PARK) AVENIDA DE LA VISTA NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:30 p.m., Monday the 18th day of January, 1988, receive sealed proposals or bids for the Constructionof a small park at Avenida De La Vista in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1985 Edition, including all supplements therefor, on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated 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 specifi- cations. Each proposal or bid must be accompanied by a certified check, cash, cashier's check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the total bid 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 at 10:30 a.m., Monday the 11th day of January, 1988, at the City offices. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or interpretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Performance Bond equal in the amount of one -hundred percent (100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the surety list provided herein. -1- 0 0 The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of one hundred and sixty five (165) calendar days has been set for the completion of the work, from the date of execution of the contract, including one hundred and twenty (120) calendar days maintenance. 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 plans and 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 plans and 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 plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $20, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $10 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor's License number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to 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: -1-2 i�i67 CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- C11 00 3. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40) The Report dated September 29, 1987, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of September 14, 1987, was ordered received and filed. 4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS The Report dated September 29, 1987, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of September 21, 1987, was ordered received and filed. 5. REPORT OF PLANNING COMMISSION ACTIONS (440':40) The Report dated September 23, 1987, from the Secretary of the Planning Commission, regarding actions taken at the meeting of September 22, 1987, was ordered received and filed. 6. STATUS REPORT - CAMINO CAPISTRANO BRIDGE (840.20) The Report dated September 29, 1987, from the Director of Public Works, setting forth the status of construction of the Camino Capistrano Bridge, was ordered received and filed. 7. AUTHORIZATION TO REQUEST BIDS - OSO PARK LANDSCAPE IMPROVEMENTS 600.30 <_ As set forth in the report dated September 29, 1987, from the Director of Public Works, staff was authorized to advertise for bids for construction of Oso Park, Project No. 12-6900-4704-115. lmprovements will include landscaping of approximately 14,500 square feet of City and Orange County Flood Control District propern at the southern cul-de-sac of Avenida de la Vista, extension of the bike trail, a paved driveway into an adjacent Water District facility, and installation of a picnic table. Construction cost was estimated at $13,335. 9. DENIAL OF CLAIM (LEE H. HARTMAN) (170.70) As set forth in the report dated September 29, 1987, from the City Attorney, the claim filed on August 31, 1987, by Attorney Ron F. Gagnon, on behalf of Dr. and Mrs. Lee Hartman, as a result of a water main break in the Hunt Club, was denied. PROFESSIONAL SERVICES CONTRACT AMENDMENT - TRABUCO CREEK BIKEWAY SOUTH COAST ENGINEERING 600.30 This item was removed from the Consent Calendar at the request of Councilman Schwartze, who stated concerns that the Errors and Omissions Liability Insurance should not be deleted from the contract. He suggested that if that type of insurance was not going to be required, a policy should be adopted and the requirement deleted from the contract to avoid later amendments. -3- 9/29/87 It was moved by Councilman Hausdorfer, seconded by Councilman BucFKeim and arried with Councilman Schwartze voting in the negative, to elete the r uirement to provide Professional Errors and Omissions Liability surance was fro the Trabuco Creek Bikeway Professional Services Contract, ursuant to the reco endation set forth in the report dated September 29, 1987, om the Director of Publi Works. Staff was directed to prepare a report explain g the rationale for such delet' ns and providing a proposed policy statement. 1. TENTATIVE PAROL MAP 87-253 - SUBDIVISION OF CLUB) (420.70) Proposal: Consideration of a pro\Santa ivision of appro imately 23 acres into six parcels for the sole purpose othe buildings. he property is located along the westerly side of Doheoad at buildings./ i ersection with Camino Capistrano, Assessor's Parcel Nos. 6, -07, and - 8. Surrounding uses include the Villa San Juan Mobile Homehe north, C pistrano Valley Plaza to the south, and the Atchison, Topeka aRailwa to the west. Commercial and residential uses are located to thes ohen Park Road. Applicant: The Price Company, P. O. Box 85466 a Diego, California 92138. %tritten Communications: Report dated September 29, 19 , from t\te rector of Community Planning and Development, recommending a royal of thtative parcel map. Exhibits were on display a d Sara Pashalides, . ssociate Planner, made an oral presentation. Public Hearing: Notice having been giv as required by law, Mayor Blan opened the Public Hearing and, there being no r ponse, closed the Hearing with th right to re -open at any time. Approval of Tentat e Parcel Map 87-253: It was moved by ouncilman Buchheim, seconded by Councilman hwartze that the following Resolu ion be adopted: -9-19-1 RESO TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAY CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PA EL MAP 87-253 (THE PRICE COMPANY) -4- 9/29/87 AGENDA ITEM TO: FROM: SUBJECT: SITUATION September 29, 1987 Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works Authorization to Request Bids - Oso Park Improvements This Capital Improvement Project, located at the south end of Avenida de la Vista, provides for the landscaping of a small area at the cul-de-sac end of Avenida de la Vista and the Trabuco Creek bikeway trail. Improvements will be made on City and Orange County Flood Control District property. The project plans and specifications have been completed. In addition, the plans have been reviewed and approved by the Orange County Environmental Management Agency, Regulation/Public Property Permits Division. The project provides for the landscaping of lands with the construction of lawn areas, bikeway trail will be extended from its driveway will be constructed into the Water table will also be installed. NOTIFICATION Director of Community Services Capistrano Valley Water District some 14,500 square feet of City and County irrigation and the planting of 21 trees. The current ending to the street, and a paved District facility abutting the site. A picnic COMMISSION/BOARD REVIEW, RECOMMENDATIONS The Planning Commission approved the construction plans at its July 28, 1987 meeting. At the July 20, 1987 meeting of the City Parks and Recreation Commission, the construction plans were reviewed and approved. The Commission is most interested in having the park constructed at the earliest possible date. FINANCIAL CONSIDERATIONS Funds in the amount of some $23,000 are currently available in the FY 1987-88 budget to pay for the Oso Park improvements. The estimated cost of construction is $13,335 for project 12-6900-4704-115, not including inspection and administration. Design and topo survey costs have been expended and are in addition to the construction costs. ALTERNATE ACTIONS 1. Authorize the advertisement of the project for construction bids. 2. Deny the request for authorization to go to bid. 3. Request more information. t^.P) a^� `.� t r•.+ -'a }x i:',pr ,F.' "! 1�:��8�. //// . mAO'.t 'Y� AGENDA ITEM . September 29, 1987 Page Two RECOMMENDATION By motion, authorize the advertisement of the project for construction bids for Oso Park, Project No. 12-6900-4704-115. Respectfully submitted, W. D. Murphy WDM/HSW:nb o SLY DBEBLE WEBER INSURANCE 3520 LONG BEACH BLVD. 4106 _ LONG BEACH. CA 90807 INSURED CARLSON'S LANDSCAPING 9050 BLACKBIRD AVENUE FOUNTAIN VALLEY, CA 92708 COMPANY LEITTlER A INDUSTRIAL INDEMNITY COMPANY' ---_-- —� �– LETTER B COMPANY `. LETTER COMPANY D LETTER o-� p - a COMPANY E - LETTER T$$s (DISEASEPOLICYLIMIT) THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NOME- AEOV :FC R T"H£ POLICY PERIN INDICATED, (DISEASEEACHEMPLOYEE) NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AHY CONTRACT OR OTHER DOCUMENT WIT tI Hf SPI CT TO WHICH THIS CERTJFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT' ) i, .L' RE "ERMS, EXCL.USION97ANO CONDI- TIONS OF SUCH POLICIES. Ob CO '. LTR TYPE OF INSURANCE POLIC�Er[CTIVE EO_ CF EYPIRATII✓ POLICY NUMBER DATE MWDOmI DA[ AIM, 9DY ALL LIMITS IN THOUSANDS GENERAL LIABILITY GEN HAL a,aGRHATE $ 1 000 'A X COMMERCIAL GENERAL LIABILITY BE 867 2601 5/8/88 5/8/89 IRO U(F, COMP OPS AGGREGATE $ 1 000 X CLAIMS MADE OCCURRENCE PER: DNA 8 ADVERTISING NJURY $ 1 000 L.q 1, X OWNERS A CONTRACTORS PROTECTIVE _ ALL O.CIJRPENCE $ 1,000 i FIFE DAMiGF IAVY ONE EIRE( ,$ "= MEN CAL '_%PENSF (ANY ONE PERSON) $ ![' AUTOMOBILE LIABILITY I ANY AUTO CEEL $ I� ALL OWNED AUTOS -- NJU RY NJUIIY SCHEDULED AUTOS 'PER VERs )M $ - HIRED AUTOS ®JULY INJURY j4 NON OWNED AUTOS (PERoexn $ GARAGE LIABILITY rr Tv ,IB DAMAGE DAMAGE $ E%CESS LIABILITY EACH AGGREGATE I{' OCCURRENCE $ $ OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION AND EMPLOYERS' LIABILITY OTHER STATUTORY (EACH ACCIDENT) T$$s (DISEASEPOLICYLIMIT) (DISEASEEACHEMPLOYEE) 9w. F/vp/ It I REGARDING OSO PARK DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS THE CITY OF SAN JUAN CAPISTRANO, RE IEVELOPMENT AGENCY IS NAMED ADDITIONAL INSURED. CANCELLATION NOTICE BY CERTIFI [AIL NOT LESS THAN 30 DAYS PRIOR TO CANCELLATION EXCEPT FOR NON–PAYMENT WHERE IAYS NOTICE OF CANCELLATION APLIES. CITY OF SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. REDEVELOPMENT AGENCY PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENAEKVOAXMO 32400 P A S E O AD E LA N T O MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN JUAN CAPISTRANO, CA 92675 LEFT, B=PAKB'AB)TOMARK SUCK AHL4%)DRaLE®(ROSH AH HOLIGXTICIRMR KIMALWX UPWX YJNDNPEYN(THH HOfLAt1YM4XTS)MENTS(OFIVIRE ♦ ESE6D5oT9VEH. AUTHORIZED REPRESENTATIVE THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELU'./!1AVI_ BEET !SSI IED TO THE: INSURIi EI NV ME_I ABOVE FOR THE POLICY PEF&C INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM CR CONDITION OP ANY 70NTRACT OR OTHER DOCUN FNT KITH RESPECT TO WHICH THIS CBSTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THI'i POLICIES DESCRIBED HEREIN IS Sb BJE':T 'O ALL THE TERMS, EXCLUSIONS, AND CONDF TIONS OF SUCH POLICIES. - CO'Ou( LTR TYPE OF INSJRANCE POLICY NUMBER F(LCTIVE CAE MMDDM'. P I( T.=IO'. OA '. Y",_. , ALL LMITS IN THOUSANDS aE .[RAL bGGRF JA'i $ GENERAL LIABILITY - F PRODJCTSOOMF,OP9 AGGREGATE $ C,AIMS MADE F—IUELDRENCF 5/2/£3£3 PERSONAL A ADVERT,SMG INJURY $ _;NB _ OWNER 5 &CONTRACTORS PRO?£QTLY£EACH A DEEBLE WEBER INSURANCEL -7 1- is g�@ 3520 LONG BEACH BLVD. 0106 MEDICAL EXPENSE ANY ONE PE PEON) $ AUTOMOBILE LIABILITY LONG BEACH, CA 90807 i A ANY AUTO BE 867 2601 5/8/88 5/8/89 EEL $ 1,000 �p;IfA I ; iCIRCIINIG (:VEERAGE ALL OWNED AUTOS BODILY X A INJURY X i p TTP)' (PER PERSON) $ INDEMNITY X HIRED AUTOS -INDUSTRIAL NON OWNED AUTOS --�� ry A .BENT) $ X �7 INSURED LrTTE�R THE ZENITH -� DAMAGE $ EXCESS LIABILITY , CARLSON' S LANDSCAPING "OMPANY EACR OCCURRENCE AGGREGATE -,''- 9050 BLACKBIRD AVENUE $ $ OTHER THAN UMBRELLA FORM FOUNTAIN VALLEY, CA 92708 COMPANv 1% _. IT I„ , LETTER STATUTORY r WORKERS' COMPENSATION COMPANYrn $ (EACH ACCIDENT( B AND HO 6507594 5/8/88 5/8/89 $ (DISEASEPOLICY LIMIT) 3 EMPLOYERS' LIABILITY THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELU'./!1AVI_ BEET !SSI IED TO THE: INSURIi EI NV ME_I ABOVE FOR THE POLICY PEF&C INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM CR CONDITION OP ANY 70NTRACT OR OTHER DOCUN FNT KITH RESPECT TO WHICH THIS CBSTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THI'i POLICIES DESCRIBED HEREIN IS Sb BJE':T 'O ALL THE TERMS, EXCLUSIONS, AND CONDF TIONS OF SUCH POLICIES. - CO'Ou( LTR TYPE OF INSJRANCE POLICY NUMBER F(LCTIVE CAE MMDDM'. P I( T.=IO'. OA '. Y",_. , ALL LMITS IN THOUSANDS aE .[RAL bGGRF JA'i $ GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY PRODJCTSOOMF,OP9 AGGREGATE $ C,AIMS MADE F—IUELDRENCF PERSONAL A ADVERT,SMG INJURY $ OWNER 5 &CONTRACTORS PRO?£QTLY£EACH OCCURRRKCE $ FIRE DAMAGE iANY ONE FIRE) $ MEDICAL EXPENSE ANY ONE PE PEON) $ AUTOMOBILE LIABILITY i A ANY AUTO BE 867 2601 5/8/88 5/8/89 EEL $ 1,000 X ALL OWNED AUTOS BODILY X INJURY X SCHEDULED AUTOS (PER PERSON) $ X HIRED AUTOS BODILY INJURY NON OWNED AUTOS ry A .BENT) $ X GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACR OCCURRENCE AGGREGATE $ $ OTHER THAN UMBRELLA FORM STATUTORY r WORKERS' COMPENSATION $ (EACH ACCIDENT( B AND HO 6507594 5/8/88 5/8/89 $ (DISEASEPOLICY LIMIT) 3 EMPLOYERS' LIABILITY $ (DISEASEEACHEMPLOYEE( OTHERT ii DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS REGARDING OSO PARK CERTIFICATE HOLDER CITY OF SAN JUAN C A P I S T RANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX REDEVELOPMENT AGENCY PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENOEA'ILORXDD 32400 P A S E O A D E L AN T O MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN JUAN CAPISTRANO, CA 92675 LEFT, BIYO{FSGEDRR HGt MmIXBIKK%Q77CR �EGaIXneROBB M6[ACLN;R�lONM1N-, mAOKKX BFXRRX IDNm LVINK- NE 60MRAM,,fMMYBBN&4COR)EWMRBEABMHVES. ;Z;m .,) IOW 1� 4/6/8£3 I — :WCER THIS CERTIFICATI IS ISSUED AS A MATTER OF INF: ABAATION ONLY AND CC NFERS D E E B L E WEBER INSURANCE NO RIGHTS UPON -'HE CERTIFICATE HOLDER. THIS C ERTIFICA' E DOES NOT A WEND, 3520 LONG BEACH BLVD. #106 EXTEND OR ALTER THE COVERAG IE AFFORDED BY THE POLICIES BELOW. LONG BEACH, CA 90807 7 COMPANIES IIFFORDING COVERAGE THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY C BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC TIONS OF SUCH POLICIES. CO ODMPANY A POLICY EFFECTIVE POLLCY EXPIRATION LIABILITY LIMITS IN THOUSANDS - LTR LEt ITER INDUSTRIAL INDEMNITY Oar- (MMNW1'YI- EACH eGGREGATE -`i : IX_:CURPENCE C'*APANY LETTER GENERAL - b INSURED G)MPARNYLETTE `. z 71" -� BL 867 2601 CARLSON' S LANDSCAPING 9050 BLACKBIRD AVENUE INJURY $ $ k7` X A COMPANY LITTER p .. PROPERTY rn "FOUNTAIN VALLEY, CA 92708 Y' EXPLOSION COLLAPSE onMA(TE $ $ COMPANY E - -- .� 0 L -ITER _. .�„ PRODUCTS/COMPLETED OPERATIONS THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY C BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLLCY EXPIRATION LIABILITY LIMITS IN THOUSANDS - LTR DATE IMWoonYl Oar- (MMNW1'YI- EACH eGGREGATE -`i : IX_:CURPENCE GENERAL LIABILITY BODILY _ A X COMPREHENSIVE FORM BL 867 2601 5/8/87 5/8/88 INJURY $ $ X PREMISES/OPERATIONS PROPERTY Y' EXPLOSION COLLAPSE onMA(TE $ $ & HAZARD X PRODUCTS/COMPLETED OPERATIONS X CONTRACTUAL q�MBINEo $1,000 $1,000 X INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY DAMAGE X PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY RDLKJORYY ANY AUTO THA PERSON) 1 $ :. ALL OWNED AUTOS (PRIV. PASS) ALL OWNED AUTOS /pTHER THAN lki INIIIRY (HX AOMM $ 1 PRN. PASS. p",,j PROPERTY HIRED AUTOS ¢r # v NON -OWNED AUTOS DAMAGE $ GARAGE LMBLITY 818PD COMBINED $ (! 4 EXCESS LIABILITY UMBRELLA FORM COOM&NEO $ $ OTHER THAN UMBRELLA FORM STATUTORY WORKERS' COMPENSATION ` $ (EACH ACCIDENT) AND $ (DISEASE -POLICY LIMIT) EMPLOYERS' LIABILITY { ,.. $ (DISEASE -EACH EMPLOYEE) OTHER REGARDING OSO PA K DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS THE CITY OF SAN JUAN CAPISTRANO, REDEVELOPM AGENCY IS NAMED AS ADDITIONAL INSURED. CANCELLATION NOTICE BY CERTIFIED MAIL NOT LESS THAN 30 DAYS PRIOR TO CANCELLATION, EXCEPT FOR NON—PAYMENT, WHERE I T Y OF SAN JUAN C A P I S T RA N OSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- EDEVELOPMENT AGENCY PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 2400 P A S E O A D E L A N T O MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY AN JUAN CA P I S T RA N O, CA 92675 _ OF ANY KIND UPON THE COMPANY ITS tGA /TS OR REPRESENTATIVES. DEEBLE WEBER INSURANCE 3520 LONG BEACH BLVD. #106 LONG BEACH, CA 90807 INSURED CARLSON'S LANDSCAPING 9050 BLACKBIRD AVENUE FOUNTAIN VALLEY, CA 92708 4/6/88 _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFI. AMATION ONLY AND CC NFERS NO RIGHTS UPON 7HE CERTIFICATE. HOLDER. THIS C ERTIRCAT E DOES NOT A REND, EXTEND OR ALTER THE COVERAGH AFFORDED BY THE POLO"IES BELOW. COMPANIES AFFORDING COVERAGE G:-MPANY A LE t ETER INDUSTRIAL INDEMNITY -- IY B CR TTER _ 'PHE ZENITH - -i O"IMPANY C LETTER - -- COMPANY _ D LETTER -- COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO'ALL THE TERMS, EXCLUSIONS, AND CONDO TIONS OF SUCH POUCEES. CO LTR TYPE OF INSURANCE ! ! POLICY NUMBER POLICY EFFECTIVE DATE (Miwppry7l POL (Y EXPIRATION DAT. (MWODMI LIABILITY LIMITS IN THOUSANDS - EA H - "" OCCURRENCE °_r'C'REOATE GENERAL LIABILITY BODILY COMPREHENSIVE FORM BNjURY $ $ PREMISESIOPERATIONS PROPERTY EXPLOSISIONUB COLLAPSE DAMAGE $ $ HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL BI a PD COMBINED $ $ INDEPENDENT CONTRACTORS _ BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BOXY A X ANY AUTO BL 867 2601 5/8/87 5/8/88 INJA (RRPEFSEIM $ " X ALL OWNED AUTOS (PRIV. PASS.) {, BWILY X ALL OWNED AUTOS OTHER THAN PRN. PASS. INARY (vie ICCDERR $ & 4 L X HIRED AUTOS PROPERTY X NON -OWNED AUTOS DAMAGE $ GARAGE LIASILITVBI ', 6 PD COMBINED $ 1,000 -) N s` EXCESS LIABILITY UMBRELLA FORM BI aPO COMBINED $ $ OTHER THAN UMBRELLA FORM STATUTORY E WORKERS' COMPENSATION (EACH ACCDENT) (` "' $ B AND HO 6507594 4/1/88 4/1/89 $ (DISEASE-P)LICY LIMIT) EMPLOYERS' LIABILITY x' $ (DISEASE -EACH EMPLOYEE) OTHER ..h'.' DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS REGARDING OSO PARK • •ma 111 111115 • CITY OF SAN JUAN C A P I S T RANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL EABBAMINKX0 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 32400 PASEO ADELANTO LEFT BIR FR1LEtliEZODMILSDCN BIROBR Aallum ldlMMITY ip"SAN JUAN CAPISTRANO, CA 92675 VKt~ ifdfAAWN AUTHORIZED R ATIVE :oro • MENOMONIE m;m% m ;2/25/88 IUCER THIS CERTifICATI IS ISSUED AS A MATTER OF INF WMATION ONLY AND CONFERS DEEBLE WEBER INSURANCE NO RIGHTS UPON 'HE CERTIFICAT HOLDER. THIS ERTIFICA " E DOES NOT A MEND, 3520 LONG BEACH BLVD. L 10 6 EXTEND OR ALTE i THE COVERAC E AFFORDED BY THE POLF:IES BELOW. LONG BEACH, CA 90807 CO'APANIES I FFORDING COVERAGE CI MPANY A LETTER INDUSTRIAL INDEMNI _ C IMPANY INSURED U TTER B{ T CARLSON' S LANDSCAPING LI TTER Y C% 9050 BLACKBIRD AVENUE — FOUNTc.Ir VALLEY, CA 92708 C)MTPERNY 91 C )MPANY E L TTER TO THE INSURED NAMED ABOVE FOFI THE POLICY PERIOD INDICATED, OTI IER DOCUMENT 411TH RESPECT TO WHICH THIS CERTIFICATE MAY ID F EREIN IS SUBJEC T TO ALL THE TERMS, EXCLUSIONS, AND CONDI- CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY PFECTNE DATE (MVIppA'yl POL Y E%PIIUTIa! DA' -P (MMNOT IO LIABILITY LIMITS IN THOUSANDS EACR OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY COMPREHENSIVE FORM INJURY $ V� $ PREMISES/OPERATIONS PFI UNDERGROUND '$ $ EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL BI3 PD cc COMBINED `P C $ INDEPENDENT CONTRACTORS _ BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY NCEAY A ,y ANY AUTO BL 867 2601 5 i� � S/8/88 (plli pmaA $ T ALL OWNED AUTOS (PRN. PASS.) 87RLY }; ALL OWNED AUTOS / TRIVRPASASN) IMMY 01 Aa10ENR $ l PROPERTY }{ HIRED AUTOS }; NON -OWNED AUTOS DAMAGE $ GARAGE LIABILITY BI • PD COMBINED $1.000 EXCESS LIABILITY UMBRELLA FORM B 6 PD CJMBINED $ $ OTHER THAN UMBRELLA FORM STATUTORYWORKERS' COMPENSATION $ EACH ACC IDENT B AND HO 6507594 4/1/87 �1�87 4 188 $ (DISEASE -POLICY LIMIT) EMPLOYERS' LIABILITY -s' a :.? $ (DISEASE -EACH EMPLOYEE) OTHER N DESCRIPTION Of OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS • • Eiii7L:Al 36161 R CITY OF SAN JUAN CAP I STRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I 32400 PASEO ADELANTO PIRATIO DATE THEREOF, '"HE ISSUING COMPANY WILL ENISMAKORKRO ��0�jDD(�AYSYS��WRITTEN SAN JUAN CAPISTRANO, CA 92675 MAIL NOT ICE TO THE CERTIFICATE HOLDER QNAMED TO THE UJMKAV mm1P�A ,�fT•A'HVES. AUTHORIZE EPIF ENT'IT 111=179LIE .O( ® CA 23 (MAIC D:\'r. 1 2/23/88 IE11 IUCER THIS CERTIFICATI IS ISSUED AS A MATTER OF INF SMATION ONLY AND CC NFERS DEEBLE WEBER INSURANCE NO RIGHTS UPON 7HE CERTIFICAT I HOLDER. THIS i ERTIFICA �'E DOES NOT A MEND, 3520 LONG BEACH BLVD. i� 10 6 EXTEND OR ALTE I THE COVERAC I AFFORDED BY THE POLICIES BELOW. LONG BEACH, CA 90807 CO'NPANIES /.FFORDINC COVERAGE L LITTER A INDUSTRIhL INDEMNITY INSURED CARLSON'S LANDSCAPING 9050 BLACKBIRD AVENUE FOUNTAIN VALLEY, CA 92708 COMPANY s L: TTER C7MPANV C L' TTER C )MPANY p LITTER COMPANY E LITER THIS IS TO CERTIFY THAT POLICIES CF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED N, MED ABOVE FOI THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMIENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NRH RESPECT T) WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL CIES DESCRIBED I• EREIN IS SUBJE :T TO ALL THE T FRMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. Cp POLICY 1 FECTIVE PDX Y EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE (M'VW^ DA E (MMNDNY) EACH "I m-: OCCURRENCE AGGREGATE GENERAL LIABILITY B.)DILY COMPREHENSIVE FORM BL 367 2601 5/3/67 -. 5/8/38 IA JURY $ `P $` PREMISESIOPERATIONS PI'OPERTY ^ UNDERGROUND OHMAGE $ $ EXPLOSION 8 COLLAPSE HAZARD X PRODUCTE/COMPLETED OPERATIONS X CONTRACTUAL $ 11000 $ 11000 C'»ABI°NEo X INDEPENDENT CONTRACTORS .� BROAD FORM PROPERTY DAMAGE X PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY B. DLY ANY AUTO It..LRY V"R PIRSONI $ ALL OWNED AUTOS (PRIN. PASS.) 9:0ILY. OTHER THAN ALL OWNED AUTOS PRIV. PASS. INARY IIRA III ftgOEl01 $ HIRED AUTOS PROPERTY NON -OWNED AUTOS FMAAGE $ GARAGE LIABILITY B1 8 Po ' ODMBINED $ EXCESS LIABILITY UMBRELLA FORM D a PD COMBINED $ $ OTHER THAN UMBRELLA FORM iTATUTORY WORKERS' COMPENSATION - $ (EACH ACCIDENT AND n ,,,ts $ (DISEASE -POLICY LIMIT) EMPLOYERS' LIABILITY $ (DISEASE -EACH EMPLOYEE) OTHER y,// y5q DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS THE CITY OF SAN JUAN CAPISTRANO'AND ITS ELECTED AND APPOINTED OFFICIALS ARE NAMED AS ADDITIONAL INSURED WrTH P, HOLD HARMLESS AGREEMENT. CANCELLATION NOTICE BY REGISTERED MAIL NOT LEIS CITY OF SAN JUA19 CAP I S TRT NO SHOULD ANY OF THE ABOVE DIMCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATI f{ DATE THEREOF, THE ISSUING COMPANY WILL X�EX.VGR:;EO 32400 PASEO ADEL7-.NTO MAIL U DAYS WpR�IDTT�EE�Ny NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN JUAN CAPISTRANO, CA 92675 dg �t izd6iAyLp m W N m 0 0 U r n V O m N O O O � M • I P 1 2 I u � m N_ M1 d m Y ^ N✓ 117 � 'r • n� f .� V M M 1 m 1 I 1 I N N I W 1 N V N N V t G (r I 1 N V 1 W O I u V i J 1 i _ M I � _ 1 I 1 1 N N Qp �• I 1 _ __ __ 1 __ 1 N J 1 SO m 6 r I 1 I � 6 G O •-' I P -O N N ti ti l M1 W Y W '� G O O G O G O J " •- G y O O 7 0 J 6 L I r�— I V I W � 1 a d � LL 1 I I J J fA [!1 11f Va W W W W 1!• J - .G 1 I O - I 2 ' 1 O O W Z r Z W I O Q: J W � J_ •" ✓1 o-•1 .-. s m i t M N r LL ¢tam I � � v 1 1 7 w m o v o i 0 H C C L G Si U m 0 • son • V 1776 n� 1961 1776 January 13, 1988 ADDENDUM No. 1 OSO PARK, AVENIDA DE LA VISTA MEMBERS OF THE CITY COUNCI• ANTHONY L. BLAND LAWRENCE F. BUCHHEIN KENNETH E. FRIESS GARYL. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN The following changes to the plans and specifications are promulgated through this addendum: 1. Page 1 Notice Inviting Bids i DELETE The date and time to receive bids: 2:30 p.m. on the 18th day of January 1988. ' The date and time for receiving sealed proposals or bids is amended to: 2:30 p.m. on the 1st day of February 1988. EA A signed copy of this addendum shall accompany the bid. J .P�. ' 1 Contractor W.D. Murphy IIP Director of Public Works 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 A 0 two JANUARY I,�% nm�o^urzo mn�erm 1961 1776 JANUARY 22, 1988 ADDENDUM NO. 2 OSO PARK, AVENIDA DE LA VISTA MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN The following changes to the plans and specifications are promulgated through this addendum: 1. Sheet 4 of 6 Oso Park - Planting Plan Two Traffic Guard Posts i Delete 411 requirement and number of posts and construct according to detail shown on Page DS -3 entitled Traffic Guard Detail. Page DS -3 is attached to this addendum. 2. Page 6a Add Item 10 Traffic Guard Posts, etc. A revised Schedule is attached to this addendum and shall be used in place of the Schedule contained in the Bid Package. 3. Page DS -1 Add New BID ITEM I - Mobilization The Contractor shall be allowed the amount shown in the Schedule of Work Items under Item 1 for mobilization of equipment, bonds, insurance permits and other miscellaneous job costs. PAYMENT The lump sum price shall include all labor, tools, and equipment necessary for mobilization. Compensation shall be based on the lump sum price specified in the Schedule of Work Items under Item 1. ii Amend Bid Item Numbers of the following items so that BID ITEM 1 is now BID ITEM 2, etc. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 Addendum No. 2 Oso Park, Avenida OWa Vista • Page 2 4. Page DS -2 Add BID ITEM 10 - TRAFFIC GUARD POSTS The Contractor shall install traffic guard posts in accordance with the Traffic Guard Detail shown on Page DS -3 and at the location shown on Sheet 4 of 6 of the Oso Park Plans, as prepared by Forsum/Summers and Partners, dated June 12, 1987. Said installation shall include posts, sleeves, chain and reflectors as noted on the Detail Plan. PAYMENT Shall be based on a lump sum price as specified in the Schedule of Work Items under Item 10. A signed copy of this addendum shall accompany the bid. �ez4t'� Contractor W.D. Murphy Director of PublicWorks to SCHEDULE OF WORK ITEMS CONSTRUCTION OF A SMALL PARK (OSO PARK) AVENIDA DE LA VISTA Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amount 1 LS Mobilization for the lump sum price of 2 14,608 sq. ft. Soil Preparation and fine grade 3 14,608 sq. ft. Hydroseed lawn 4 14,608 S.F. Irrigation, including electrical 5 14,608 S.F. Maintenance (120 days) 6 Two (2) Trees - 36" $ $ Three (3) Trees - 24" 16 Trees - 15 gallon to -6a- Item Approximate Work Items With Unit Price Unit Price Quantity (Written in Words) (In Figures) Total Amount 7 One (1) Picnic Table - 8 foot 8 1 Ea. Anchor chain with concrete footing 9 1,030 S.F. Install bikeway and driveway pavements 10 L.S. Install Traffic Guard Posts as per detail Total Bid Price (enter here and on Page 3) Words Figures -6a- TRAFFIC GUARD DETAIL I o O [oo!o v o 0 VAMZS GIOLE svlm v genxc og fJwr i aACK 1&'64LV IRON PIPE W/AV"'V-M M LOCKED /NrO bjr& JVE /NC436O M COQ. CITY WILL SUPPLY DOCK. TYPICAL • ALL DOUR MM DS -3 • CITY OF SAN JUAN CAPISTR.ANO COUNTY OF ORANGE • STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS OSO PARK AVENIDA DE LA VISTA 0 CITY COUNCIL ANTHONY L. BLAND, MAYOR PHILLIP R. SCHWARTZE KENNETH E. FRIESS LAWRENCE F. BUCHHEIM GARY L. HAUSDORFER CITY MANAGER S. B. JULIAN DIRECTOR OF PUBLIC WORKS W. D. MURPHY • NOVEMBER, 1987 0 0 • TABLE OF CONTENTS CONSTRUCITON OF A SMALL PARK (OSO PARK) AT AVENIDA DE LA VISTA TITLE PAGE CONTRACT DOCUMENTS Notice Inviting Bids...........................................................1 BidProposal...............................................................3 Schedule of Work Items........................................................6 Non -Collusion Affidavit........................................................7 Designationof Sub-Contractors.................................................9 Instructions to Bidders........................................................10 Contract....................................................................16 BidBond .................................................................20 Performance Bond..........................................................22 Labor & Material Bond.......................................................24 Listing of Surety Companies...................................................26 SPECIAL PROVISIONS Work to Be Done . .........................................SP -1 Section 1 Standard Specifications ....................................... SP- 1 • Section 2 Terms Defined...............................................SP-2 Section 3 Flow and Acceptance of Water. ..SP -2 Section 4 Water ....... .... ....................................SP -2 Section 5 Insurance and Overhead Costs..................................SP-2 Section 6 Protection of Existing Utilities.................................SP-2 Section 7 Protection of Private and Public Property .......................SP -3 Section 8 Construction Zone...........................................SP-3 Section 9 Pre -Construction Coordination Meeting .........................SP -3 DETAIL SPECIFICATIONS AND METHOD OF PAYMENT BidItems 1-5............................................................. DS -1 BidItems 5-8............................................................. DS -2 APPENDIX Exhibit I - Location Plan.. ......................................... A-1 Exhibit 2 - County of Orange Environmental Management Agency Public Property Encroachment Permit ..................... A-2 INSTRLCTION TO BIDDERS • Securing Documents Plans, Specifications and other contract documents will be available for examination without charge and copies mai be secured in accordance with the "Notice Inviting Bids". Examination of Plans, Specifications and Site of Work The bidder is required to examine the site of work, the Proposal, the Plans and the Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1985 Edition including all supplements, very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The plans for the work show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are actually existent, nor shall the City or any of its officers or agents be liable for any loss sustained by the Contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. • Interpretation of Drawings and Documents If any bidder should find discrepancies in, or omissions from the drawings, specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly and fully set forth, or if the Engineer discovers errors, omissions, or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. • -9- Addenda or Bulletins • The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the follow ing instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. U here there is • a conflict in the words and the figures, the words shall govern. 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, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the provisions of the specifications. F. 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 GO) percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall 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. -lo- • 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. G. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids". Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. • Withdrawal 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. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of forty five (45) days after the date set of the opening of bids. The contract for the work will either be awarded or the bids rejected within the forty five (45) days form the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids". The City, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical or erasures. -11- 0 0 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 o; 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. G. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids". Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawl of Bids • Any bidder may 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. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids". The City, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. • The bidder to whom the award is made shall execute a written contract with the City and furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days after the notice of award of contract. The contract shall be made in the form adopted by the City. The release of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made upon the City's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. If the bidder to whom the award is made fails to enter 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 Material Bond in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the contract and a Faithful • Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract. Said bonds shall be secured from a suety company listed as acceptable on the list included in these specifications. Bonds must be submitted on the forms contained in these specifications. Time of Performance The work shall be commenced within fifteen (15) calendar days form the date of issuance of the Notice to Proceed and shall be diligently prosecuted until completion. A time limit of one hundred sixty five (165) calendar days from the date specified in the Notice to Proceed has been set for completion and/or assessment of liquidated damages. Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part therefor, or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. i� L eiA • • • 0 Workmen and Wages Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids". Building Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. -0- • Prepared By: Office of City .Attorney San Juan Capistrano 7/29/85 LISTING OF SURETY COMPANIES QUALIFYING LNDER SURETY BOND COMPANY RATING CRITERIA The following surety bond companies are qualified to submit surety bonds to the City of San Juan Capistrano. The criteria utilized in rating surety bond companies are: A.M. Best Company Rating of "A"; U.S. Treasury Underwriting Limitation of $1,000,000.00 or more. Use of any other surety company may only be allowed with approval of the City Attorney. AID Insurance Company Aetna Casualty and Surety Company of Illinois Aetna Reinsurance Company Affiliated FM Insurance Company Alaska Pacific Assurance Company • Allendale Mutual Insurance Company Allstate Insurance Company American Automobile Insurance Company American Casualty Company of Reading, Pennsylvania American Centennial Insurance Company American Credit Indemnity Company American Economy Insurance Company American Indemnity Company The American Insurance Company American Manufacturer's Mutual Insurance Company American Motorists Insurance Company American Mutual Liability Insurance Company American Re -Insurance Company American States Insurance Company Argonaut Insurance Company Arkwright-Boston Manufacturers Mutual Insurance Company Associated Indemnity Corporation • Atlantic Mutual Insurance Company -24- • Listing of Surety Companies, Continued Page Two Auto -Owners Insurance Company Balboa Insurance Company Bankers Multiple Line Insurance Company Boston Old Colony Insurance Company The Camden Fire Insurance Association Centennial Insurance Company Central Mutual Insurance Company The Central National Insurance Company of Omaha The Charter Oak Fire Insurance Company Cigna Insurance Company Commercial Insurance Company of Newark, New Jersey The Connecticut Indemnity Company Continental Casualty Company The Continental Insurance Company • Continental Reinsurance Corporation Dependable Insurance Company, Inc. Employers Mutual Casualty Company Employers Reinsurance Corporation Fairmont Insurance Company Farmers Alliance Mutual Insurance Company Federal Insurance Company Federated Mutual Insurance Company The Fidelity and Casualty Company of New York Fidelity and Deposit Company of Maryland Fireman's Fund Insurance Company Firemen's Insurance Company of Newark, New Jersey First National Insurance Company of America Foremost Insurance Company Fremont Indemnity Company General Accident Insurance Company of America General Insurance Company of America General Reinsurance Corporation • -25- 11 • Listing of Surety Companies, Continued Page Three The Glens Falls Insurance Company Global Surety & Insurance Co. Globe Indemnity Company Grain Dealers Mutual Insurance Company Great American Insurance Company Greater New York Mutual Insurance Company Gulf Insurance Company The Hanover Insurance Company Harco National Insurance Company Harleysville Mutual Insurance Company Hartford Accident and Indemnity Company Hartford Casualty Insurance Company Hartford Fire Insurance Company The Hawaiian Insurance & Guaranty Company • Highlands Insurance Company Highlands Underwriters Insurance Company The Home Indemnity Company The Home Insurance Company Houston General Insurance Company INA Reinsurance Company ITT Lyndon Property Insurance Company Imperial Casualty and Indemnity Company Indemnity Insurance Company of America Industrial Indemnity Company Insurance Company of North America Insurance Company of the West Integrity Insurance Company International Insurance Company Iowa National Mutual Insurance Company John Deere Insurance Company Liberty Mutual Insurance Company • Lumbermen Mutual Casualty Company -26- 0 • Listing of Surety Companies, Continued Page Four Maryland Casualty Company Mead Reinsurance Corporation The Mercantile and General Reinsurance Company of America Michigan Millers Mutual Insurance Company Michigan Mutual Insurance Company Mid -Century Insurance Company The Millers Mutual Fire Insurance Company of Texas Munich American Reinsurance Company National Fire Insurance Company of Hartford National Indemnity Company The National Reinsurance Corporation National Surety Corporation Nationwide Mutual Insurance Company New Hampshire Insurance Company • New York Underwriters Insurance Company Newark Insurance Company North American Reinsurance Corporation The North River Insurance Company North Star Reinsurance Corporation Northbrook Property and Casualty Insurance Company Northwestern Pacific Indemnity Company The Ohio Casualty Insurance Company Ohio Farmers Insurance Company Old Republic Insurance Company Pacific Employers Insurance Company Pacific Indemnity Company Peerless Insurance Company Pennsylvania Manufacturers' Association Insurance Company Phoenix Assurance Company of New York The Phoenix Insurance Company Progressive Casualty Insurance Company • Protective Insurance Company -27- • Listing of Surety Companies, Continued Page Five Prudential Reinsurance Company Ranger Insurance Company The Reinsurance Corporation of New York Reliance Insurance Company Republic Insurance Company Republic Western Insurance Company Royal Indemnity Company Royal Insurance Company of America SAFECO Insurance Company of America St. Paul Fire and Marine Insurance Company St. Paul Mercury Insurance Company Seaboard Surety Company Security Insurance Company • Select Insurance Company Skandia America Reinsurance Corporation South Carolina Insurance Company The Standard Fire Insurance Company State Farm Fire and Casualty Company Transamerica Insurance Company Transamerica Premier Insurance Company Transcontinental Insurance Company Transportation Insurance Company The Travelers Indemnity Company The Travelers Indemnity Company of America The Travelers Indemnity Company Trinity Universal Insurance Company Twin City Fire Insurance Company Unigard Security Insurance Company United Fire do Casualty Company United Pacific Insurance Company United States Fidelity and Guaranty Company • United States Fire Insurance Company -28- • Listing of Surety Companies, Continued Page Six Universal Underwriters Insurance Company Utica Mutual Insurance Company Valley Forge Insurance Company Vigilant Insurance Company West American Insurance Company Weschester Fire Insurance Company The Western Casualty and Surety Company The Western Fire Insurance Company Western Surety Company Westfield Insurance Policy • • -29- 0 • CITY OF SAN JUAN CAPISTRANO CONSTRUCTION OF A SMALL PARK (OSO PARK) AVENIDA DE LA VISTA SPECIAL PROVISIONS WORK TO BE DONE The work to be done under this contract in general consists of the construction of a small park, including a sub -surface irrigation system, turf, trees and driveways. Construction work shall be completed within 45 calendar days followed by 120 calendar days maintenance. SECTION 1 - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1985 Edition, hereinafter referred to as the Standard Specifications. The Contractor shall maintain a copy of this book on the job -site at all times. Unless otherwise specified, errata and supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: Contract Termination "If at any time, in the opinion of the Public Works Director, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, • or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract, notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's materials, tools, equipment, appliances, and plant, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City Council may annul and cancel the contract and re -let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the sureties from liability or failure to fulfill the contract. Contractor and sureties will be credited with the amount of monies so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operation of the contract and the completion of the work by • the City as provided above, and the Contractor will be credited with any surplus remaining after all just claims for such completion have been paid." SP -1 0 0 • SECTION 2 - TERMS DEFINED Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City departments or persons shall be intended: AGENCY shall mean City of San Juan Capistrano, whenever appropriate. BOARD shall mean the City Council of the City of San Juan Capistrano. ENGINEER shall mean City Engineer or other person(s) designated by same. SECTION 3 - FLOW AND ACCEPTANCE OF WATER Surface or other waters may be encountered at various times during construction. The Contractor, by submitting a bid, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his bid accordingly. It shall be the sole responsibility of the Contractor to protect his work from danger due to any waters encountered. Should any damage to the work due to surface or other water occur prior to acceptance of the work by the City, the Contractor shall repair such damage at his expense. SECTION 4 - WATER Water will be available from the Capistrano Valley Water District. Arrangements for temporary construction water services permit and water service may be made by contacting the Capistrano Valley Water District at 714/493-1515 one week prior to need • for service. All water facility construction shall conform to the "Standard Specifications," Capistrano Valley Water District, and "The Uniform Plumbing Code," 1982 Edition. SECTION 5 - INSURANCE AND OVERHEAD COSTS The Contractor shall receive no direct compensation for insurance and overhead (move -in costs, for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. SECTION6 - PROTECTION OF EXISTING UTILITIES (UNDERGROUND SERVICE ALERT) The Engineer has endeavored to show all existing utilities. The Contractor must, however, take all due precautionary measures to protect all of the existing utilities. The Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any construction work. The Contractor's attention is directed to the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the USA by calling 1-800-422-4133. Other utility phone numbers are noted on Sheet 1 of the plans. Full compensation for conforming to the requirements of this section shall be considered as included in the contract bid prices paid for the various items of work, and no additional compensation will be allowed therefor. SP -2 0 9 • SECTION 7 - PROTECTION OF PRIVATE AND PUBLIC PROPERTY The Contractor must remain within the construction zone to the best of his ability. The Contractor must protect all existing private and public property. r1 U SECTION 8 - CONSTRUCTION ZONE Contractor shall protect property and facilities adjacent to the construction zone, and all property and facilities within the construction zone which are shown on the plans to be protected. After completion of project, the construction zone shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of facilities are damaged, they shall be replaced with new materials equal to the original. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, way or parking area during performance of the contract work, and Contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. The Contractor shall be responsible for investigating conditions of available public and private roads and of clearances, restrictions and other limitations affecting transportation and ingress and egress to the site of the work. SECTION 9 - PRE -CONSTRUCTION COORDINATION MEETING Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor, the Engineer, and involved utility representatives. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor will be required to submit a complete schedule showing the number of working days required to complete each phase of the project. This schedule shall be approved by the City Engineer prior to the start of construction. SP -3 i • • CITY OF SAN JUAN CAPISTRANO CONSTRUCTION OF A SMALL PARK (OSO PARK) AVENIDA DE LA VISTA DETAIL SPECIFICATIONS AND METHOD OF PAYMENT BID ITEM 1 - SOIL PREPARATION AND FINE GRADE The Contractor shall fine grade the site and prepare the soil for hydroseeding and/or pavement construction. PAYMENT Shall be based on the unit price specified in the Schedule of Work Items under Item 1 multiplied by the actual square feet subject to soil preparation and fine grading. BID ITEM 2 - HYDROSEED LAWN The Contractor shall hydroseed all areas, which call for such treatment, as shown on the plans prepared by Forsum/Summers and Partners, Inc. dated June 12, 1987 and as covered by the narrative and illustrations on Sheets S and 6 of said plans. It is estimated that 14,608 square feet of area will receive such treatment. PAYMENT • Shall be based on the unit price specified in the Schedule of Work Items under Item 2 multiplied by actual square feet which receive the hydroseed treatment. BID ITEM 3 - IRRIGATION The Contractor shall install all irrigation systems according to the plans and written specifications contained in the plans entitled Oso Park as prepared by Forsum/Summers and Partners, Inc. dated June 12, 1987. It is estimated that 14,608 square feet of irrigation will be provided. Include within this bid item all costs associated with providing electrical and water services. PAYMENT Shall be based on the unit price specified in the Schedule of Work Items under Item 3 multiplied by the actual square feet installed irrigation systems. BID ITEM 4 - MAINTENANCE The Contractor shall be responsible for providing maintenance and replacement of any installed item for a period of one hundred twenty (120) calendar days. Included in the maintenance item, but not limited to this list, are hydroseed areas the irrigation system(s) including all pipes, heads, timer, etc., and all trees and shrubs, both newly installed and existing. The maintenance period shall not begin until completion of all construction work. PAYMENT • Shall be based on the unit price specified in the Schedule of Work Items Under Item 4 multiplied by the actual square feet of area subject to the maintenance requirements. DS -1 • C� • BID ITEM 5 - TREES The Contractor shall install in accordance with the Plans and Specifications, as prepared by Forsum/Summers and Partners, dated June 12, 1987 three (3) 24" trees, two (2) 36" trees and sixteen (16) 15 gallon trees. The types trees are specified in the plans. PAYMENT Shall be based on the unit price specified in the Schedule of Work Items under Item 5 multiplied by the actual number of installed trees (according to size). BID ITEM 6 - PICNIC TABLE The Contractor shall install in accordance with the Plans and Specifications, as prepared by Forsum/Summers and Partners, dated June 12, 1987 one (1) picnic table (eight (81) long) at the location specified in said plans and specifications. PAYMENT Shall be based on the unit price specified in the Schedule of Work Items. BID ITEM 7 - ANCHOR CHAIN WITH CONCRETE FOOTINGS The Contractor shall install in accordance with the Plan and Specifications, as prepared by Forsum/Summers and Partners, dated June 12, 1987 one (1) anchor chain with concrete footing. PAYMENT Shall be based on the unit price specified in the Schedule of Work Items. BID ITEM 8 - BIKEWAY AND WATER DISTRICT PAVEMENTS The Contractor shall install in accordance with the Plans and Specifications, as prepared by Forsum/Summers and Partners, dated June 12, 1987 some 1,050 square feet of pavement at the locations specified in said plans and specifications. PAYMENT Shall be based on the unit price specified in the Schedule of Work Items under Item 8 multiplied by the actual square feet which are installed. DS -2 • PROJEC CONSTRUCTION OF OSO PARK AVENIDA DE LA VISTA -- LOCATION PLAN -- Page A-1 4 U NTY OF (! ERNIE SCHNEIDER _ DIRECTOR, EMA x 1 DA 3 4 W. L ZAUN • 5 3 RAN G E 05 O �ti } O R OF REGULATION R_„rp� IDCATION: ��1�" 12 CENTER PLAZA ENVIRONMENTAL MANAGEMENT AO D bt ILING ADDRESS: REGULATION NQ� P.O. BOX 4048 � nPl OF „$4NT A, CA 92702.1018 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 Attention: Ted Simon TELEPHONE: (714)834-2826 Application Reference No. 87-00679 (FE) Your request for a permit to use property under the jurisdiction of the Board of Super- visors has been: • ❑ Received and is presently being reviewed by this agency's Public Property Permits Division. Upon completion of our review, you will be notified of the results. ❑ Received by this agency's Public Property Permits Division. In order to complete our processing, please provide the following: ❑ Accepted and will be approved by this agency's Public Property Permits Division, subject to execution of the enclosed permit by the permittee, or an authorized representative. Please return all conies for final processin> by this office. An approved copy will be returned to you for your records. ® Approved subject to your compliance with the provisions of the enclosed fully executed permit. Inspection services shall be arranged, as noted in the permit, prior to com- mencement of the permitted use. , Any questions regarding our permit procedures may be directed to the person whose name and telephone number are noted below. • Bob Sullivan (714) 834-5714 Division Representative Representative's Telephone Number RD. urk, Manager RDB:am A-2 X` Public Property Permits Division F0250-611 X7/811 . Sow. PUBLIC INSPECTION PI401 834-3488 Inspection ams slMll M nauned at least TWO 14) WORK DAYS pWQR TO oammam** pees: Mod We. FAILURE TO OBTAIN WWKC- TION SHALL VOID THIS PERMIT. PERMITTEE RTY E1vCKOA�iNItNl HERMIT COUNTY OF OPANGE ENVIRONMENTAL MANAGEMENT AGENCY PERMIT 87-00679 (FE) REGULATION/PUBLIC PROPERTY PERMITS Alin OBic 12 CHIC CENTER PLAZA. Rrn. G-12 EFFECTIVE i SANTA ANA, CALIFORNIA 92701 DATE OR—P.O. BOX 4D48. SANTA ANA, CA 92702-4048 EXPIRATION SEE SPECIAL PHONES: saa-sMw1134=2525 DATE PROVISION "F" City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 cwft,dPer>art Ted Simon TeWphq No. 14) 493-1171 I TYPE I FACIURY NAME I NUMBER Trabuco Creek Channel I L02 PERMITTED USEI Use d County proWty s hereby au horned as fdbws. abject to provBiorrs on rewxae hereof and at W. eE he eto: To install and maintain landscape improvements within County's Trabuco Creek Channel right-of-way, per plans and conditions attached, and to the satisfaction of EMA inspection personnel. Pwo* F68150 CEOA: CLASS 4, CAT. EXEMPT comwtercoeirg 651/19 • LOCATION OF WORKI Trabuco Creek Channel adjacent to Avenida de Is Vista cul-de-sac is 00 MRK (60 /1- bZ/3- 0041 - //S 000 DimBrreioNType: Ti=.Bros. 36, B-5 San Juan Capistrano AREA CONSIDERATION: Isms Fees $150.00 (EOF275) 5,,, City TOTAL $150.00 Check NP. CaM Receipt Dab Trust F.M Irnare S150.00 Chm* No. Cash Deb TnM Fu khace Fees PW by fp bV EnoY NsPECnm Construction 834-3488 cc Operations PERMITTEE'S ACCEPTANCE: COUNTY APPROVAL 3 6: sem_ � ,� POWT AND APPROVED PLANS SHALL BE MAKIAINED ON JOB SITE PERMITTEE SHALL COMPLY WITH REGULATIONS PRINTED ON REVERSE SIDE OF PERMIT AND ATTACHMENTS. ALL UNDERGROUND WORK REQUIRES PRIOR 'UNDERGROUND SERVICE ALERT COMPLIANCE THIS PERMIT SHALL BE NON -TRANSFERABLE A-2 DATE REGISTER NO, IR 7/971 QM • STANDARD PROVISIONS 1. Permits issued by this Agency are pursuant to the authority vested by the Board of Supervisors for the County of Orange, Orange County Flood Control District and Orange County Harbors, Beaches and Parks District, any one or all of which are hereinafter referred to as County. 2. Permittee agrees to save County, its agencies, districts, etc., including its officers, agents or employees, harmless from any and all penalties, liabilities or loss resulting from claims or court actions, arising directly out of any damage or injury to persons or property by reason of the acts or omissions of Permittee, its agents, employees or independent contractors, in exercising any of the privileges herein granted or in consequence thereof. 3. Should any damage or injury to County works occur during initial use and/or as a result of this permitted use, either through the acts of agents, servants or employees of Permittee or by any independent contractor of Permittee in the exercise of the rights herein granted, Permittee shall immediately, upon the written demand of County, restore such works to the condition of same on the date of the occurrence of said damage or injury at Permittee's cost or expense. The question as to whether or not any such damage or injury has been caused to the works shall be determined by the Director of the Environmental Management Agency and his determination shall be final. In the event repair by County is necessary, Permittee shall pay County the cost of such repairs. 4. County reserves the right unto itself to perform any work, upon any portion or all of the area covered by this permit, or to do any other work necessary at any time. Such work may be performed without incurring any. liability of any nature whatsoever to the Permittee. It is further understood_ and agreed that County reserves_ unto itself the rights of ingress over all or any portion of the subject area. 5 Neither this permit nor any of the rights herein granted shall be assigned without the prior written approval of the County. Wacceptance of this permit Permittee acknowledges and assumes all responsibility for compliance with requirements cf their regJatory governing agencies inciudinc but not limited to zoning regulations. applicable ordinances and laws. etc . of the County of Orange, the State of California. or others having regulatory control over the use granted herein AN underground work requires 'Inquiry Identification Number From Underground Service Alert'Regional Not`fication Center (Ref. Government Code. Section 421E ano 4217) A copy of this permit and approved plans, if applicable, shall be maintained at the site of work and be shown to any authorrzec representative of the County or other regulatory governing agency upon request.. 8. Nc access or work shall be performed within County rights of way without the full knowledge of Countys inspector, who shall be given not tess than two work days advance notice of the initiation of permitted use. Failure of Permittee to obtain inspection shall void this permit and necessitate reapplication by Perrri Permittee further agrees that all operations within County rights of way shal4 be subject to the operations of County anc other authorized persons and under the control and to the satisfaction of County s inspector 9, This permit may be immediately revoked for reasons in the best interest of the County including vilation of permit provisions or other applicable rules and regulations or for the creation of a nuisance upon notice given by the Director of the Environmental Management Agency or authorized representative. In the event of such revocation, Permittee shall immediately cease all operations and restore County right of way as directed by County's inspector. 10 Any construction performed within County properties shall be in accordance with Orange County Environmental Management Agency 'Standard Plans' and established criteria. Any deviation must be specifically detailed and highlighted . on plans in a manner meeting the approval of Public Property Permits Division. No uses other than that as stated on this permit shall be exercised. Public right of way shall not be used for administrative operations or storage of equipment, materials, supplies, etc. A-2 I COUNTY OF OR4NGE Q V ENVIRONMENTAL MANAGEMENT AG CY 87-00679 (FE) REGULATION/ PUBLIC PROPERTY PERMITS DIVISION Por(el1 No. SPECIAL PROVISIONS A. Permittee, by acceptance of this permit, agrees to maintain the area of this permit in an aesthetically pleasing manner and to repair any damages, including slope failure, etc. B. The area of permitted use is for that portion of County property as shown on attached plans. The construction of permanent facilities, structures, or placement or removal of earthen fill or landscaping that may interfere with County operations, shall be prohibited within the scope of this permit. C. Within and adjacent to the area of permitted use, the County possesses an easement for slope and maintenance purposes and the requested use is permitted only to the extent that such use does not interfere with County's legal re- sponsibilities. The issuance of this permit does not imply, grant, modify, or change rights County possesses. D. This permit may be revoked at any time for reasons in the best interest of the County or the general public, or by failure to properly maintain the area, by notice given by ordinary mail addressed to permittee, successors, heirs, or assigns, who shall be given thirty (30) days from the date of deposit of said notice in the regular mail to restore County property as directed by County inspector. After the elapse of said 30 -day period, County may take full possession of the area and dispose of or assume responsibility for any remaining improvements, and permittee agrees to pay to the County any and all costs involved in the event removal of said improvement is necessary by County. In the event any emergency situation arises, in the opinion of the Director of the Environmental Management Agency, any and all improvements may be immedia- tely removed by County personnel; County shall not be responsible for any damage to or loss of such improvements. E. The limits, method of operations, type of acceptable landscaping and arrange- ments for access shall meet the approval of County inspector, who shall be given not less than 48 -hours advance notice of the initiation of the work by telephone, at 834-3488. F. This permit shall become void in the event the use permitted is abandoned for a period exceeding six (6) months. ®P0150-212.1 (Rs/81) A-2 00.30 9 1345.2 1 EUGENE F. MCMENAMIN, ESQ. State Bar No. 8703 0628.PPc A Member of 2 ATKINSON ANDELSON LOYA RUUD & ROMO 0 2 0 x ro A Professional Corporation (� 3 13304 East Alondra Boulevard, Suite 200 �L Cerritos, California 90701 4 (213) 404-2099 - (714) 826-5480 (y 5 Attorneys for Plaintiff/Cross-Defendant 6 0 7?.x 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF ORANGE 10 11 JOHN CARLSON, individually and doing business as 12 CARLSON'S LANDSCAPING, 13 Plaintiff, 14 vs. 15 CITY OF SAN JUAN CAPISTRANO, and DOES 1 through 20, 16 inclusive, 17 Defendants. CASE NO. X 584075 JUDGE THOMAS N. THRASHER EXPEDITED TRIAL PROGRAM AMENDED NOTICE TO APPEAR IN LIEU OF SUBPOENA AND TO PRODUCE DOCUMENTS AND THINGS AT TRIAL DATE: July 30, 1990 TIME: 9:00 a.m. DEPT: 13 18 ) AND RELATED CROSS -ACTION. ) 19 ) 20 TO: CHERYL JOHNSON, DEPUTY CITY CLERK FOR DEFENDANT/CROSS- 21 COMPLAINANT, CITY OF SAN JUAN CAPISTRANO AND TO ITS ATTORNEY 22 OF RECORD: 23 24 AMENDED NOTICE IS HEREBY GIVEN to you to appear at trial of 25 this action now set for July 30, 1990, at 9:00 a.m. in Dept. 13 of 26 the above -entitled Court located at 700 Civic Center Drive West, 27 Santa Ana, California, in accordance with California Code of Civil 28 Procedure, Section 1987. c: N cis a o m zi O „ �O >�, rcc om i O O < m a= mza Ooo<¢ J UN _O40 i u O J O O < < N Ni; .0 YIN W r w O 4 2 i ¢ a I < W M 'uN Z 0 U1 z I113450628.PPc • 1 AMENDED NOTICE IS FURTHER GIVEN that, at the time of trial, 2 you are to produce the originals of documents which are described 3 as follows: 4 5 1. All original documents pertaining to any bids and 6 pricings with regard to landscaping work on the subject project 7 commonly known as the C. Russell Cook Park in the City of San Juan 8 Capistrano, County of Orange and State of California ("the 9 Project"), in connection with this instant action, including but not 10 limited to, data compilations from which information can be 11 obtained, agreements, contracts, documents, records, notes, 12 memoranda, minutes, agenda, reports, accounting books, time slip 13 logs, production schedules, work schedules, progress schedules, 14 inter -office communications, invoices, ledgers, financial journals, 15 vouchers, bank statements, cancelled checks, negotiable instruments, 16 cancelled negotiable instruments, computer printouts, telegrams, 17 cablegrams, telex printouts, personal diaries or journals, plans, 18 specifications, analyses, drawings, illustrations, surveys, maps, 19 diagrams, studies, photographs, mechanical electronic _or other 20 recordings or transcripts thereof, letters, papers, books, 21 affidavits, declarations, witness statements, deposition 22 transcripts, and transcriptions of face to face or other oral 23 communications, ideas, thoughts or information of any kind which may 24 be produced or recorded. The term "document" excludes privileged 25 documents and includes the original, any copy and any drafts of the 26 above stated items. 27 2. All original documents pertaining to the selection, 28 hiring and appointment of Plaintiff/Cross-Defendant, JOHN CARLSON, -2- t�3 13450628.PPc • E 1 individually and doing business as CARLSON'S LANDSCAPING ("CARLSON") 2 as subcontractor to perform landscaping work on the Project in 3 connection with this instant action, including but not limited to, 4 data compilations from which information can be obtained, 5 agreements, contracts, documents records, notes, memoranda, minutes, 6 agenda, reports, accounting books time slip logs, production 7 schedules, work schedules, progress schedules, inter -office 8 communications, invoices, ledgers, financial journals, vouchers, 9 bank statements, cancelled checks negotiable instruments, cancelled 10 negotiable instruments, computer printouts, telegrams, cablegrams, 11 telex printouts, personal diaries or journals, plans, 12 specifications, analyses, drawings, illustrations, surveys, maps, 13 diagrams, studies, photographs, mechanical electronic or other 14 recordings or transcripts thereof, letters, papers, books, 15 affidavits, declarations, witness statements, deposition 16 transcripts, and transcriptions of face to face or other oral 17 communications, ideas, thoughts or information of any kind which may 18 be produced or recorded. The term "document" excludes privileged 19 documents and includes the original, any copy of any drafts of the 20 above stated items. 21 3. All original documents pertaining to the selection, 22 hiring and appointment of any replacement subcontractor subsequent 23 to the release and termination of CARLSON'S Landscaping work on the 24 Project in connection with this instant action, including but not 25 limited to, data compilations from which information can be 26 obtained, agreements, contracts, documents records, notes, 27 memoranda, minutes, agenda, reports, accounting books time slip 28 logs, production schedules, work schedules, progress schedules, -3- 11 2 3 4 5 6 7 8 9 10 0 0 11 M 0 0 0 12 m W"o13 rc ,e Q6 m<m 0 orc° 14 J u N o o r z 0 2 < A Q O 15 J < . 0 N x � O JW ;N W 2 s w 0 < i a 16 °0 ¢ O << ^Wm ^u- 17 z O M 18 Y < 19 20 21 22 23, 24 25. 26 27 28 13450628.PPc • \J inter -office communications, invoices, ledgers, financial journals, vouchers, bank statements, cancelled checks negotiable instruments, cancelled negotiable instruments, computer printouts, telegrams, cablegrams, telex printouts, personal diaries or journals, plans, specifications, analyses, drawings, illustrations, surveys, maps, diagrams, studies, photographs, mechanical electronic or other recordings or transcripts thereof, letters, papers, books, affidavits, declarations, witness statements, deposition transcripts, and transcriptions of face to face or other oral communications, ideas, thoughts or information of any kind which may be produced or recorded. The term "document" excludes privileged documents and includes the original, any copy of any drafts of the above stated items. 4. All original documents pertaining to any and all material equipment and labor for landscaping work provided by other individuals and other parties directly or indirectly, excluding CARLSON'S on the Project, in connection with this instant action, including but not limited to, data compilations from which information can be obtained, agreements, contracts, _.documents records, notes, memoranda, minutes, agenda, reports, accounting books time slip logs, production schedules, work schedules, progress schedules, inter -office communications, invoices, ledgers, financial journals, vouchers, bank statements, cancelled checks negotiable instruments, cancelled negotiable instruments, computer printouts, telegrams, cablegrams, telex printouts, personal diaries or journals, plans, specifications, analyses, drawings, illustrations, surveys, maps, diagrams, studies, photographs, mechanical electronic or other recordings or transcripts thereof, letters, papers, books, -4- O 1 0 rc Y F < 13450628.PPc 0 1 affidavits, declarations, witness statements, deposition 2 transcripts, and transcriptions of face to face or other oral 3 communications, ideas, thoughts or information of any kind which may 4 be produced or recorded. The term "document" excludes privileged 5 documents and includes the original, any copy of any drafts of the 6 above stated items. 7 5. All original documents pertaining to any and all costs 8 for material, equipment and labor for landscaping work provided by 9 other subcontractors, including Botaco Landscaping Maintenance, in 10 connection with the Project, including but not limited to, data 11 compilations from which information can be obtained, agreements, 12 contracts, document, records, notes, memoranda, minutes, agenda, 13 reports, accounting books time slip logs, production schedules, work 14 schedules, progress schedules, inter -office communications, 15 invoices, ledgers, financial journals, vouchers, bank statements, 16 cancelled checks, negotiable instruments, cancelled negotiable 17 instruments, computer printouts, telegrams, cablegrams, telex 18 printouts, personal diaries or journals, plans, specifications, 19 analyses, drwings, illustrations, surveys, maps, diagrams, studies, 20 photographs, mechanical electronic or other recordings or 21 transcripts thereof, letters, papers, books, affidavits, 22 declarations, witness statements, deposition transcripts, and 23 transcriptions of face to face or other oral communications, ideas, 24 thoughts or information of any kind which may be produced or 25 recorded. The term "document" excludes privileged documents and 26 includes the original, any copy of any drafts of the above stated 27 items. 28 6. All original documents pertaining to payroll and -5- 13450628.PPc • • cm 1 prevailing wage records with respect to the employees hired by other 2 subcontractor(s) who replaced Carlson, including Botaco Landscaping 3 Maintenance, in connection with the Project, including but not 4 limited to, data compilations from which information can be 5 obtained, agreements, contracts, documents records, notes, 6 memoranda, minutes, agenda, reports, accounting books time slip 7 logs, production schedules, work schedules, progress schedules, 8 inter -office communications, invoices, ledgers, financial journals, 9 vouchers, bank statements, cancelled checks, negotiable instruments, 0 10 cancelled negotiable instruments, computer printouts, telegrams, 0 11 cablegrams, telex printouts, personal diaries or journals, plans, 0 ° 0 s — a 12 specifications, analyses, drawings, illustrations, surveys, maps, rc° 'No nON 13 r ="N <0 0<m diagrams, studies, photographs, mechanical electronic or other m 0001 - �00o0N 14 recordings or transcripts thereof, letters, papers, books, Zi'�<m m°�M:.o 15 affidavits, declarations, witness statements, deposition J N N VI N a0 W°o 16 ZZ ot. transcripts, and transcriptions of face to face or other oral << mwm u 17 z "- communications, ideas, thoughts or information of any kind which may 0 U) x 18 be produced or recorded. The term "document" excludes privileged 19 documents and includes the original, any copy of any drafts of the 20 above stated items. 21 7. All original documents pertaining to the attached Public 22 Works Payroll Reporting Forms concerning the labor provided by 23 Botaco Landscaping Maintenance on the Project, for the period from 24 May, 1989 to September 1989, including but not limited to, data 25 compilations from which information can be obtained, agreements, 26 contracts, documents records, notes, memoranda, minutes, agenda, 27 reports, accounting books time slip logs, production schedules, work 28 schedules, progress schedules, inter -office communications, cm 1 2 3 4 5 6 7 8 9 10 0 2 111 M ro p o 12 a m �: .on �O W" 13 a .0 ,om < N do m o<m O `oo<¢° 14 J U N Z 4 1� <;oJ 02 <15 J WN��N w WF< 16 93 0Z n p V <` "u= 17 Z N 0 z 18 Y ~ 19 20 21 22 23 24 25 26 27 28 13450628.PPc • • invoices, ledgers, financial journals, vouchers, bank statements, cancelled checks, negotiable instruments, cancelled negotiable instruments, computer printouts, telegrams, cablegrams, telex printouts, personal diaries or journals, plans, specifications, analyses, drawings, illustrations, surveys, maps, diagrams, studies, photographs, mechanical electronic or other recordings or transcripts thereof, letters, papers, books, affidavits, declarations, witness statements, deposition transcripts, and transcriptions of face to face or other oral communications, ideas, thoughts or information of any kind which may be produced or recorded. The term "document" excludes privileged documents and includes the original, any copy of any drafts of the above stated items. G DATED: June, 1990 ATKINSON, ANDELSON, LOYA, RUUD & ROMO By. ��— EU491ENE F. MCMENAMIN, JR., Attorney for Plaintiff/Cross- Defendant, JOHN CARLSON, individually and doing business as CARLSON'S LANDSCAPING -7- p a o _m < o U < m o " ;, offi0<=- J U N O D f� < u O J 0 2 U .o W WW 0 d z > °p a < < m W m V N z 0 U) z 1 2 3 4 5 6 7'I 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13450628.PPc • • PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: 1200, Cerritos, California, 90701. 13304 E. Alondra Blvd., Suite On Jul7/Y�, 1990, I served the foregoing documents described as:J AMENDED NOTICE TO APPEAR IN LIEU OF SUBPOENA AND TO PRODUCE DOCUMENTS AND THINGS AT TRIAL (Cheryl Johnson, Deputy City Clerk for City of San Juan Capistrano) on: Daniel Birkhaeuser, Esq. McCutchem, Doyle, Brown & Enersen P.O. Box V Walnut Creek, CA 94596 John R. Shaw, Esq. 32400 Paseo Adelante San Juan Capistrano, CA 92675 lin this action by placing a true copy thereof enclosed in a sealed envelope. (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the addressee. (BY MAIL) I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Cerritos, California. X (BY CERTIFIED NAIL RETURN RECEIPT REQUESTED -CALIFORNIA ONLY) I am readily familiar with this business' practice for collection and processing of correspondence for mailing with the United States Postal Service. This document will be deposited with the United States Postal Service on the same day as the execution of this document in the ordinary course of business. This document was sealed and placed for collection and mailing on the same day as the execution of this document at the address given for deposit in the United States Postal Service and following ordinary business practices. r X Executed on Ju, 1990, at Cerritos, California. X (State) I declare under penalty of perjury under the laws of .2M 1 2 3 4 5 6 7 8 13450628.PPc • • the State of California that the above is true and correct. (Federal) I declare that I am employed in the office of a member of the bar of this court at whosretion the service was made. / /1 QZ J. Parker 9 10 0 0 11 rc 12 0 Z 0_$ 70 rc >n ;oe 13 6 O n < m m poo 14 J U N= 0 N < oj <rn 15 0<. o3<Um W N r .0 J N W:W,< N N N 16 Z i p a w 'm ' u 17 N O z 18 Y F 19 20 21. 22 23 24 25 26 27 28 13450628.PPc • • the State of California that the above is true and correct. (Federal) I declare that I am employed in the office of a member of the bar of this court at whosretion the service was made. / /1 QZ J. Parker P #t 'i $ ,s ; R 00 oo. � 1 l O t h� �Z M� O LLZ 9 M.m J J 9L 0 U_ IL M v p x O E rl OT YI�� ITI k� M n N Q Ll t �. S h ti y W �M ^Ww M 1 O z E cc J IL Y O i 0 rbi 4 0 0 ),!* 4 T�,lft'OP.1 i� -.- -..-1. :,, $ x > x x x Ur h �� �y�� 7 a� "y�� •� e� 1 MM 11r�_ E a ` H O CA ),!* 4 T�,lft'OP.1 i� -.- -..-1. :,, r� h n lk 64- 4, w o d ,� , � t. r i� M CA eA — -- ! t,,:) -- 31 1 R C b NI ccO 2 Z O CL J J a 0 M • i tN 0 — �Ps i IT, 11 M (1 wit 'm lelly •_r w pQ�l O w rn s n •:t — • y p N O^ y p y O fa Al 10 � G 4 kc o � TEE 11r a D4u( 1 il 10 4 o �