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1984-1106_GREEN'S GARDENING_AgreementI • W, City" A G R E E M E N T LANDSCAPE MAINTENANCE FOR SPECIFIED CITY FACILITIES RECEIVED Nov V 4 51 PM 68q %PARTHvNT IT) J{1,'.rt THIS AGREEMENT is made and entered into this 6th day of November , 1984 , between the City of San Juan Capistrano, hereinafter referred to as "CITY" and GREEN'S GARDENING hereinafter referred to as "CONTRACTOR." W I T N E S S E T H: SECTION 1. TERM: This Agreement shall commence on the 1st day of Deceluber 19 84, and shall remain and continue in effect until Mav 31, 1985 thereafter subject to termination as described in Section 11. SECTION 2. SCOPE OF WORK/MAINTENANCE: Maintenance to be performed by Contractor shall consist of those locations and tasks as set forth in Exhibit A, attached and incorporated hereto by reference. SECTION 3. MEASUREMENT AND PAYMENT: CONTRACTOR shall agree to provide all necessary labor, machinery, tools, equipment and all other utility and transportation services required to perform the landscape maintenance in the manner specified herein for the following consideration: SPECIFIED CITY FACILITIES TOTAL MONTHLY COSTS $ 885.00 TOTAL ANNUAL COSTS $ 110,620.00' Payment for any extra work directed by CITY shall be the actual cost of labor, plus wholesale cost of material, plus twenty (20) percent. Monthly payments to CONTRACTOR will be made on the regular day for payment of CITY bills by the CITY Treasurer. CONTRACTOR shall submit detailed invoices with backup vouchers for all charges other than monthly costs for item above. -1- At the sole discretion of the Director of Public Works, additions or deletions may be made to this agreement which may result in an increase or decrease in the areas and acreage to be maintained. Such changes will be submitted to CONTRACTOR in writing and shall be identified as addendums to this Agreement. The affected areas will be classified, measured, and priced in accordance with the unit costs specified above. SECTION 4. GENERAL PROVISIONS: General provisions for the work to be performed are contained herein and are made a part of this agreement by reference. SECTION 5. EQUIPMENT, LABOR AND PREVAILING WAGES: CONTRACTOR shall use and furnish at his own expense all labor and equipment necessary for the satisfactory performance of the work set forth in this agreement. Eight (8) hours constitutes a legal day's work. The time worked by each workman employed in the execution of this agreement by CONTRACTOR or any subcontractor under him is limited and restricted to eight hours in any one calendar day and 40 hours in any one calendar week. Work performed in excess of eight hours per day shall be permitted upon compensation at not less than one and one half times the basic rate of pay as provided in Section 1815, California Labor Code. The CONTRACTOR and all subcontractors shall keep accurate records showing the name and hours worked each calendar day and calendar week by each workman in accordance with Section 1812, California Labor Code. In the performance of the terms of the Agreement, CONTRACTOR agrees that he will not engage in nor permit such subcontractors as he may employ from engaging in discrimination in employment of persons because of race, color, national origin, ancestry, or religion. Pursuant to Section 1771 of the Labor Code, CONTRACTOR is required to pay the general prevailing rate of per diem wages for each laborer or workman performing -any work under this Agreement. SECTION 6. CONTROL OF WORK: The Director of Public Works, or his authorized representatives, shall decide all questions which may arise as to the manner of performance and rate of pro- gress of the work; all questions as to the acceptable fulfillment of the agreement on the part of the CONTRACTOR; all questions as to the interpretation of the specifications; and all questions as to compensation. His decision shall be final and he shall have the authority to enforce and make effective such decisions. When condition of a maintained area is determined by the Director to be substandard due to inadequate or improper maintenance, monthly payment may be withheld until such condition is resolved to the satisfaction of the Director. -2- SECTION 7. PROSECUTION OF WORK: The CONTRACTOR shall begin maintaining landscaping within fifteen (15) days after the execution of the agreement by the CITY and shall diligently prosecute the same until the termination of the agreement. SECTION 8. CONTRACT BONDS: Prior to the date of execution of this agreement by CITY, CONTRACTOR shall deposit with the CITY a surety bond to secure the faithful performance of this agreement and a separate bond to secure payment of persons performing labor and furnishing materials in connection with this agreement, each bond shall be in the amount of not less than one hundred percent (1008) of the amount of this agreement. The CONTRACTOR shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1979 Edition, hereinafter referred to as the Standard Specifications. The CONTRACTOR shall maintain a copy of this book on the job site at all times. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: "Section 2-4 - Contract Bonds" The "Payment Bond" (Material and Labor Bond) shall be in the amount of 100 percent (1008) of contract price. The "Faithful Performance Bond" shall be held in assurance of guaranteed performance for a period of one year after acceptance of the improvements by the City Council. Change 2: "Liability Insurance" The amounts and provisions of insurance are modified to be: Bodily Injury $ 500,000 each person Bodily Injury $1,000,000 each accident Bodily Injury $1,000,000 aggregate products Property Damage $ 500,000 each accident Property Damage $ 500,000 aggregate operations Property Damage $ 500,000 aggregate protection Property Damage $ 500,000 aggregate products Property Damage $ 500,000 aggregate contractual The CONTRACTOR shall likewise obtain public liability and property damage insurance to cover vehicles used or maintained by him, whether on or off the premises, with liability limits of not less than $500,000, for any one person, and $500,000, for any one accident, and property damage of $500,000. The insurance amounts set forth herein are the minimum amounts required by the City. Other agencies with which the CONTRACTOR may be involved in the accomplishment of the work may require greater amounts. -3- 0 0 SECTION 9. SAFETY: CONTRACTOR agrees to perform all work outlined in this contract in such a manner as to meet all accepted standards for safe practices during operations and to maintain safe conditions of premises and ways at all times, including safely stored equipment, machines, materials or debris, protected exca- vations, or other hazards consequential or related to his work; and agrees additionally to accept the sole responsbility for compying with all applicable local, County, State or other legal requirements including but not limited to full compliance with the intents and terms of the applicable OSHA and Cal/OSHA safety orders at all times, so as to protect all persons, including CONTRACTOR employees, agents of CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. Crimes, thefts, vandalisms, hazards, etc., shall be initially reported by telephone followed by confirmation in writing to the Director of Public Works or his representatives. SECTION 10. INDEMNITY PROVISION: The CONTRACTOR shall be responsible from the time of the beginning of operations, and all injury or damage of any kind resulting from said operations to persons or property regardless of who may be the owner of the property. In addition to the liability imposed upon the CONTRACTOR on account of personal injury (including death) or property damage suffered through the CONTRACTOR'S negligence, which liability is not impaired or otherwise affected hereunder, the CONTRACTOR assumes the obligation to save the CITY harmless and to indemnify the CITY from every expense, liability or payment arising out of or through injury (including death) to any person or persons or damage to property (regardless of who may be the owner of the property) of any place,in which work is located, arising out of or suffered through any act or omission of the CONTRACTOR or any subcontractor or anyone directly or indirectly employed by or under the supervision of any of them in the prosecution of the operations included in this agreement. SECTION 11. CONTRACT TERMINATION: Any other provisions herein to the contrary notwithstanding, and in addition to other methods of termination provided for herein or available under the laws of the State of California, this agreement may be terminated by CITY without cause by giving CONTRACTOR written notice of termina- tion by first class mail 15 days prior to the actual date of termination. Should CITY exercise this right of termination, CITY shall compensate CONTRACTOR by paying to CONTRACTOR an additional one-third month's payment. SECTION 12. NOTICES: Any written notices to the parties hereto shall be sufficient if they are deposited in the United States mail in envlopes, postage prepaid by registered or certified mail, addressed as follows: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 -4- 0 SECTION 13. ASSIGNMENT: CONTRACTOR may not assign this Agreement without prior consent and approval of CITY. SECTION 14. LICENSING REQUIREMENTS: CONTRACTOR is required to possess either a valid C-27 Landscape Maintenance License or a valid Class A Contractor's License. In addition, CONTRACTOR must possess a Pest Control Advisor's License and a Pest Control Operator's License or must subcontract pest control requirements to a licensed contractor. SECTION 15. ATTORNEY'S FEES: Developer agrees to pay CITY such sum as the Court may adjudge as reasonable for the legal services of any attorney representing the CITY in any actions brought to enforce or interpret the obligations of this agreement, and such sum shall be made a part of any judgment in such action against the developer if such action is determined in favor of said CITY. The contract bonds required under Section 8 shall expressly provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement and contract bonds. IN WITNESS WHEREOF, the parties hereto have executed this agreement at San Juan Capistrano, California, the day and year first above written. Dated: November 6, 1984 ATTEST: r. MARY ANN O R, CITY CLERK APPROVIA AS TO FORM: SHAW, CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SAN JUAN CAPISTRANO) CITY OF SAN JUAN CAPISTRANO By Y L HAUSDORFER, May CONTRACTOR: GREEN'S GARDENING I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California DO HEREBY CERTIFY that the foregoing is a true and correct copy of the Agreement for Maintenance of Landscaping in various City areas, executed by the Mayor of the C t Council of the City of San Juan Capistrano, California. -5- . WHIBIT "A" GENERAL PROVISIONS A. Turf Grass 1. All lawn areas are to be mowed weekly, or as needed to main- tain the height specified below and borders neatly edged. Trim around sprinkler heads as needed to provide maximum water coverage. Trim around planters. Remove and dispose of all cuttings. Mow to the following height: Bermuda 1/2" to 1" Bluegrass 1-3/4" to 2-1/4" 2. Irrigate as necessary to maintain proper growth rate and optimum appearance (see Section 3.E., Irrigation). 3. Maintain lawn areas in a weed -free condition. a. A preemergent crabgrass control shall be applied to all bluegrass turf between February 15 and April 15 of each year. b. Chemical control of broadleaf weeds shall be initiated on an as -needed basis to maintain a "weed -free" turf condition. This shall be the program for all bluegrass and bermuda grass areas. 4. Aerate twice a year between February 1 and March 31 and September 1 and October 31. Aerate all turf by reroving 1/2" by 2" cores of sod with an aerator machine at not more than 6" spacing. 5. Turf shall be dethatched twice a year between February 1 and March 31; also September 1 and October 31. This shall be accomplished by using a "flail type" dethatchin3 nachine. 6. Fertilization a. Bluegrass turf shall be fertilized every 30 to 45 days, as needed, at the rate of one pound of actual nitrogen per 1,000 square feet. A 16-6-8 formula with tract elements is recommended. b. Bermuda grass turf shall be fertilized at the rate of one pound of actual nitrogen per 1,000 square feet. Fertilizer of an ammonia nitrate 33.5-0-0 formula shall be applied once during the months of January and December. Fertilizer of a urea 46-0-0 formula shall be applied every 60 days February through November. 7. A broad spectrum of fungicide (to be approved by City Field Supervisor) s be applied to all bluegrass turf at the preventive rate beginning April 1 year. Additional applications shall be made at the curative rate as nese throughout the year. B. Slope Care s herbaceous plants) -1- a. Irrigate as required to maintain a reasonable appearance. b. Fertilization: 1) Iceplant areas shall be fertilized when recommended by the Director of Public Works or his authorized representative with the rate of each application to be one pound of actual nitrogen per 1,000 square feet using a 16-16-16 formula material. 2) Grass areas (Alta Fescue, etc.) shall be fertilized every 120 days with the rate of each application to be one pound of actual nitrogen per 1,000 square feet using a 16-16-16 formula material. C. Control pests, including rodents and snails, as needed. d. Maintain slopes weed -free. Periodic hand weeding over entire area will be required. e. Maintain a maximum allowable height of 24" on slope areas. The seed stems and heads shall be removed from the grass (Alta Fescue, etc.) before they go off color each year. f. Trim and edge to maintain sidewalks and curbs free of plant growth. C. Shrub and Ground Cover Care 1. Prune to maintain reasonable size and appearance. 2. Annually thin out, shape and head back all shrubs. 3. Control pests and diseases as needed. 4. A broad spectrum preemergent weed control, such as Treflan, shall be applied to shrub beds and ground cover beds in April and September of each year. Additional weed control shall be initiated as necessary to maintain a weed -free condition. 5. Ground cover areas should be fertilized every ninety (90) days with the rate of each application to be one pound of actual nitrogen per 1,000 square feet using 16-16-16 formula material. 6. Trim and edge as necessary to restrict growth from encroaching on sidewalk or other adjacent areas. 7. Irrigate as required to maintain adequate growth rate and reasonable appearance. M Annual bedding plant areas shall be programmed for replacemen as directed by the Director of Public Works or his authorized representative. Replacement plants shall be a suitable type to provide the maximum amount of color (bloom) during the time they are in the bed areas. All of the applicable maint- enance programs covered in this section shall apply to these 0 0 D. Tree Care 1. Shape, trim and prune to maintain a.reasonable appearance. 2. Annually thin out, shape and head back all trees. 3. Control pests and diseases as needed. 4. Remove all dead and damaged branches back to point of breaking. 5. Stake and support trees when necessary. 6. Stakes and ties will be placed so no chafing of bark accurs. Remove as soon as no longer needed. 7. All guys and ties shall be checked frequently to avoid girdling. 8. Applications of an iron chelate fertilizer shall be used as needed throughout the year, where necessary to maintain healthy, vigorous growth and good foliage color. 9. Irrigate as required to maintain adequate growth rate appearance. E. Irrigation System 1. The CONTRACTOR shall maintain the complete sprinkler system in an operable condition. 2. Repair and adjust all sprinkler heads to maintain proper coverage. 3. Adjust water application to compensate for changes in weather. CONTRACTOR will be responsible for damages occurring due to under -watering or over -watering. 4.. All replacements to be with original type material or substitutes approved by the CITY. 5. Repair or replacement of equipment damaged as a result of CONTRACTOR's negligence shall be replaced at the CONTRACTOR's expense as will the cost for any water loss during this time. 6. Damage not resulting from CONTRACTOR's negligence will be reported promptly to the CITY, together with an estimate of costs for correction of the condition. 7. All systems to be operationally checked a minimum of once a week. 8. Irrigation of park will be accomplished between 10:00 p.m. and 3:00 a.m., subject to change by CITY. -3- 9. Irrigation by water truck will be accomplished during day- light hours and no less than bi-monthly, or as directed. 10. A minimum 500 gallon capacity tank is required. 11. CONTRACTOR is required to be present during watering and/or inspect the irrigation system daily to assure that there are no problems with the system. F. Common Seating Areas 1. Sweep, clean and remove debris a minimum of once a week. 2. Inspect and check all benches and equipment for vandalism and safety hazards; make minor repairs and report major damage to CITY. 3. Maintain concrete areas by hosing off sand and base materials a minimum of once a week. 4. Immediately remove all broken glass and any sharp objects. G. Restrooms 1. As required, restroom facilities will be maintained by CITY. H. General 1. Vegetation shall not overhang a sidewalk at less than 7 feet in height or a roadway at less than 14 feet in height. 2. All operations will be conducted so as to provide maximum safety for the public. 3. Where CONTRACT work may create potential or known hazards on streets or roads and to persons traversing them, CONTRACTOR shall obtain at his own expense and place whatever signs, lights, barricades, cones or other safety devices are necessary to prevent accidents, injuries or damages, consistent with the Orange County Manual of Warning Signs, Lights and Devices and with all other applicable ordinances and statutes. When working adjacent to the roadway, red vests shall be worn at all times. 4. Leaves, paper, weeds, and any other debris will be removed from landscaped areas and disposed of offsite. Trash cans provided by the CITY will be emptied and washed out after emptying. S. CONTRACTOR will clean sidewalks, roadways, and any other areas dirtied by his maintenance operations. 6. CONTRACTOR will report to CITY any malfunction of the lighting system in any CITY -maintained area. -4- 0 0 7. Notification of all "specialty type" maintenance operations shall be given to the CITY 48 hours prior to each of these operations by the CONTRACTOR. "Specialty Type" maintenance operations are defined as: fertilization, preemergent weed control; turf aerification; turf dethatching; preventive application of turf fungicide; and annual type bedding plant replacements. 8. CONTRACTOR is required as part of this Agreement to furnish all materials necessary to accomplish maintenance in accord- ance with the foregoing specifications except fertilizer, which will be available at Corporation Yard, 32400 Paseo Adelanto, San Juan Capistrano. CONTRACTOR is further required to stock high usage items for repair of irrigation systems. CONTRACTOR will be reimbursed the wholesale cost of such materials and parts upon presentation of properly itemized invoices. Any other types of materials required to be furnished will be considered as extra work (see Exhibit I, H). 9. CONTRACTOR is required to maintain an office in Orange County and provide the office with telephone service during normal working hours. If a telephone answering service is utilized, the answering service shall be capable of contacting CONTRACTOR by radio or pager. CONTRACTOR is further required to provide CITY with an emergency number for contact outside the normal working hours. 10. Whenever herbicides are used, CONTRACTOR shall apply when air currents are still, to prevent herbicide drift onto adjoining property, and to prevent any toxic exposure to persons whether or not they are in or on the grounds. 11. CONTRACTOR is also required to provide uniforms and name badges for all field personnel. 12. Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering.the intersection. 13, Prune plant materials so that all traffic control signs.are clearly visible to approaching drivers. 14. Compile and maintain "as builts" of all irrigation systems to include location and serial numbers of major components. Turn over to CITY on termination of agreement. 15. CONTRACTOR shall not block bike trail with equipment or materials during or after his maintenance operations. 16. Rake and remove debris, trash and other materials a minimum of twice a week. 17. Remove from park and parkways any and all animal feces or materials detrimental to human health daily. -5- I. J K. L. 18. CONTRACTOR shall submit a work schedule identifying the number of persons working in the area and the anticipated hours of work for each week. Extra Work 1. Extra work will not be performed without prior approval by CITY unless a condition exists wherein it appears there is danger of injury to persons or damage to property. 2. Extra work may be required by the CITY as a result of acts of God, vandalism, theft, civil disturbances or accidents. 3. Extra work may be required by the CITY in order to add new landscaping or to delete or modify existing landscaping. 4. Payment for extra work will be based on actual cost of labor plus wholesale cost of materials plus a percentage of materials. 5. The Director of Public Works, or his authorized representative, is authorized to approve extra work up to 25 percent (25%) of the annual cost of the Agreement. Standards of Performance All other portions of this Agreement notwithstanding, it is agreed that the intent of this maintenance contract is to provide a level of maintenance that will present a pleasing and desirable appearance at all times. CONTRACTOR agrees to maintain all designated areas covered by this Agreement at such level. Statement of Experience All applicants are required to submit a statement of experience on related projects. This should include: availability of experienced labor; available equipment, and qualifications of your designated project manager/supervisor. Spraying All contractors are required to show verification of a current herbicidal spraying permit issued by the Department of Agriculture. M. City Inspection Contractor or responsible representative may be expected to inspect all locations once each month accompanied by a represent- ative from the CITY. At that time inadequacies/areas of improve- ments will be determined prior to release of payment for that month. If the contractor fails to provide services as per specifications noted in the inspection, the CITY shall have the right to withhold payment or that portion of payment as deter- mined as appropriate by the CITY to correct the problem and until the situation is rectified. -6- 11 N. Daily Reporting • Contractor shall make daily contact with City Supervisor to determine work level and effort as well as maintenance performance. Q. Inclimate Weather Contractor shall be responsible for the checking of landscape maintenance areas and for the removal and disposal of broken branches, fallen trees and erosion control. P. Library Facilities Fountain and reflecting pool is to be maintained and kept clean and free of debris and leaves. Area drains are to be checked and cleaned as needed. * * * * * * * * * * -7- r 0 CITY FACILITIES *Multi -Modal at terminus of Verdugo Street including Verdugo complex, alleyway and part of Camino Capistrano - trees, groundcover, turfgrass, shrub beds, parking lot medians, sidewalks, common seating areas, parking lot; automatic and manual irrigation. *Old Fire Station Facility, corner of E1 Horno Street and La Matanza; trees, shrubs and groundcover, turfgrass, walkway and parking lot; manual irrigation. *Library - northwest corner of E1 Camino Real and Acjachema Street; trees, shrubs and shrub hedges, groundcover, turfgrass, climbing vines, drains, sidewalk, walkway, steps, courtyard, common seating areas, fountain and pool, parking lot; automatic and drip irrigation. *Will require additional litter control common seating, parking lot, and sidewalk. Cleaning to maintain good public visibility before and after weekends. TOTAL ANNUAL COST $ Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Signature of Bidder Address Telephone Number 0 0 CITY FACILITIES *Montanez Adobe - 31745 Los Rios Street; shrubs and groudcover, shrub hedges, turf grass; manual irrigation, and weed control. ANNUAL COST $ *City Hall - Terminus of Paseo Adelanto includes all landscaping adjacent to main complex, Planning trailer and Hot Springs Dance Hall; trees, shrubs and shrub hedges, groundcover, turf grass, parking lot medians, sidewalks, parking lot; manual irrigation. ANNUAL COST $ *Will require additional litter control of common seating; parking lot and sidewalk cleaning to maintain good public visibility before and after weekends. TOTAL ANNUAL COST $ Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Signature of Bidder ess Telephone Number ME 0 0 CAPITAL BOND AND INSURANCE COMPANY 1 RIVERSIDSECWNRIRNIA �jpp 4 sl PM 164 LABOR 14JLATERIAL BOND CITY CLERK Bond No. 000864 CONTRACT BOND — CALIFORNIA DEPARTMENT CITY of PAYMENT BOND JUAN IGVOWALL.NENBV` THESE PRESENTS. That we, CLARK GREEN DBA GREEN'S GARDENING and the CAPITAL BOND AND INSURANCE COMPANY, , a corporation organized and existing under the laws of the State of Californu, and authortzed to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO , as Obligee. in the sum of TEN THOUSAND SIX HUNDRED TWENTY DOI.i.ARS AND NO/ 100THS--------------------- ----------------------------- Dollars IS 10,620.00 for the payment whereof, well and truly to be made, said Principal and Surety bind themselves- their heirs. administrators. successorsand assigns. jointly and sevcrally. firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH. That WHEREAS, the above -bounden Principal has entered into a contract, dated day of 19 with the Obligee to do and perform the following work, to -wit: NOW. THEREFORE. if the above bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his subcontracturs pursuant to Section 18806 of the Revenue and Taxation Code. with respect to such work and labor. Surety will pay for the same, in an amount out exceeding the amount specified in this bond. and also, in case suit is brought upon this bond, a reasonable attorney's tie. to be fixed by the court. This bond shall inure Io the henefit of any and all persons, companies or corporations entitled to rite claims under Section 3141 of the Civil Code of the State of California. sir as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 20th No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. day of November .1984 CLARK GREEN DBA GREEN'S GARDENING Principal CAPITAL BOND AND INSURANCE COMPANY, By 4t c '-- �_. Jade Kepner, Attorney-io-Fact STATE OF CALIFORNIA ) COUNTY OF Orange SS. On this 20th day of November , 1984 , before me the undersigned, a Notary Public in and for said County and State, personally appeared Jane Kepner personally known to me (or proved to me un the basis of satisfactory evidence) Lu be the person whose name is subscribed to this instrument as Attorney -in -Fact of . Capital Bond and Insurance Company and who being by me duly sworn, did depose and say: that he/she is Attorney -in -Fact of Capital Bond and Insurance Company , the Corpor- ation described in and which executed the foregoing instrument; that he/she knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him/her in accordance with 01C. By -Laws of the said Corporation and that he/she subscribed the name of Capital Bond and Insurance Companyes Surety and his/her own name as Attorney -in -Fact. OFFICNL SEAL (Notary Public) DOLORES GONZALEZ NOTARY PUBLIC CALIFORNIA S PRINCIPAL OFFICE IN ORANGE COUNTY M� Comnsw UP. lull 17. 1987 - 0 • CAPITAL BOND AND INSURANCE COMPANY 4184 ORANGE STREET, RIVEFfRE&JOLIFORNIA 92501 (714) 781-2100 Nov 21 4 si W84 CITY CLERK DEPARTI41,,0 CITY i,W �Ap; JUAN C V' 11:1 ^=1- CONTRACT BOND—CALIFORNIA FAITHFUL PERFORMANCE—PUBLIC WORK BOND N0.000864 Initial premium charged for this bond Is $212.40 subject to adjustment upon completion of contract at applicable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, That CLARK GREEN DBA GREEN'S GARDENING of as Principal, and the CAPITAL BOND AND INSURANCE COMPANY, a corporation organized and existing under the laws of the state of California, and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO in the sum of TEN THOUSAND SIX HUNDRED TWENTY DOLLARS AND NO/ 100THS---------------------- ----------------- ---------------------------------------------- Dollars ($ 10,620.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs,admin- istrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a Contract, dated . 19 , with the to do and perform the following work, to -wit: GARDENING MAINTENANCE • NOW, THEREFORE,if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. • Signed and sealed this 20th day of November , 19 84 CLARK GREEN DBA GREEN'S GARDENING PRINCIPAL CAPITAL BOND AND INSURANCE COMPANY BY /lLEyi�� Ja re Kepne , ATTORNEY-IN-FACT STATE OF CALIFORNIA ) SS. COUNTY OF Orange On this 20th day of November , 19 84 , before me the undersigned, a Notary Public in and for said County and State, personally appeared Jane Kepner _ , personally known to me (or proved to me on the basis of satisfactory evidence) Lu be the person whose name is subscribed to this instrument as Attorney -in -Fact of Capital Bond and Insurance Com pany and who being by me duly sworn, did depose and say: that he/she is Attorney -in -Fact of Capital Bond and Insurance Company , the Corpor- ation described in and which executed the foregoing instrument; that he/she knows the seal of said Corporation; that the seal affixed to said instrument is such corpgrate seal; that it was so affixed by authority granted to him/her in accordance with tho. By -Laws of the said Corporation and that he/she subscribed the name of Capital Bond and Insurance Com panyas Surety and his/her own name as Attorney -in -Fact. OFFICIAL SEAL (Notary Publ DOLORES GONZALEZ NOTARY PUBLIC . CALIFORNIA S PRINCIPAL OFFICE IN ORANGE COUNTY M, COTRRSSM EX0. lull 11. 1981 • • (� iN RECEIVED X400 P!G`S Bb AdJ 6'�,.Mi SAN JU dAPt9TRAMo CgLLF(� IA 92675 Nov 1' 4 sl ?M '84 CITY CLERK p• '" DEPARTMENT CITY OF SAN JUAN CAPi November 8, 1984 Green's Gardening 28051 Via del Cerro San Juan Capistrano, California 92675 Re: Award of Contract - Landscape Maintenance for Specified City Facilities Gentlemen: At their meeting of November 6, 1984, the City Council awarded the contract for the Landscape Maintenance for Specified City Facilities to your company at $10,620.00. Enclosed are two copies of the contract. Please sign and date both contracts and return the "City Copy" to this office along with all required bonds and insurance within 15 days. If you fail to execute said Agreement and furnish said bonds and certificates of insurance within 15 days from the date of this Notice, the City will be entitled to consider all your rights arising out of the City's acceptance of your bid to be abandoned and as a forfeiture of your 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. I am enclosing Pages 3, 21, and 22 of the bid documents which cite the City's requirements for 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. If I can be of any help to you, please do not hesitate to call. Thank you for your cooperation. MAH/mac Enclosures CC: Director of Public Works Director of Administrative Services Very truly yours, MARY ANN ANOVER, CMC City Clerk Receipt of the foregoing Notice of Award is hereby acknowledged: By this day of �� 1984. 2. APPROVAL OF AGREEMENTS FOR LANDSCAPE MAINTENANCE OF CITY // PARKS, PARKWAYS, AND FACILITIES (38-#415, 416, 460)(591) x(38) Written Communications (74) Report dated November 6, 1984, from the Director of Public Works, advising that following termination of the contract with Landscape West, the City authorized landscape maintenance work through monthly purchase orders. The report advised that the contract documents were reviewed and amended to provide for better contract cohesiveness and clarification; i.e., the contract will now contain a 30 -day termination period with no additional compensation. A budget amendment in the amount of $20,000 to Public Works Maintenance Account No. 01-4440-213-510 was necessary to cover additional costs in excess of the original contract. The agreements will provide the following services for the period ending May 31, 1985: Midori Gardens (City Parks) $5,538.83/month Toyo Landscaping (City Parkways) 2,820.00/month Green's Gardening (City Facilities) 885.00/month Newport West Properties (Ortega Properties Parks and Parkways 1,350.00/month Approval of Contracts: It was moved by Councilman Schwartze, seconded by Councilman Buchheim , and unanimously carried to approve the contracts for maintenance of City Parks with Midori Gardens of Santa Ana; City Parkways with Toyo Landscaping Company of Garden Grove; City Facilities with Green's Gardening of San Juan Capistrano; and, Ortega Properties Parks and Parkways with Newport west Properties of Irvine. The Mayor and City Clerk were authorized to execute the contracts on behalf of the City. A budget transfer of $20,000 was authorized; staff was authorized to pursue cost recovery from Landscape West. AGENDA ITEM November 6, 1984 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Agreements for Landscape Maintenance of City Parks, Parkways, and Facilities SITUATION: Over the past three months and following contract termination with Landscape West, the City has authorized the landscape maintenance work for City Parks, Parkways, and Facilities through monthly purchase orders. During this time, City Staff was able to review the existing contract documents and has made some changes to provide for better contract cohesiveness and clarif- ication. Currently, the landscape maintenance contractors have been pro- viding the landscaping work in good faith, anticipating the finalization of a contractual arrangement with the City. The agreements presented for your approval include the modifications referenced above which have been reviewed by the City Attorney. One section, Section 11 concerning termination, is special to this contract and will be changed in all the proceeding contracts to reflect a 30 -day termination period with no additional compen- sation. Due to the current litigation over landscaping, this particular phrasing was deemed necessary. Approval of the agreements by Council will then establish landscape maintenance agreements with the agencies noted for services to May 31', 1985. Midori Gardens - City Parks $5,538.83/mo Toyo Landscaping Co. - City Parkways 2,820.00/mo Green's Gardening - City Facilities 885.00/mo (includes City Hall & Montanez Adobe) Newport West Properties - Ortega Prop- 1,350.00/mo erties' Parks & Parkways BOARDS/COMMISSION REVIEW AND RECOMMENDATION: Not applicable FINANCIAL CONSIDERATIONS: The monies required for this work have been partially budgeted for, however the additional amounts in excess of the original contract (Landscape West) will require a budget revision of approximately $20,000 to Public Works Maintenance Account No. 01-4440-213-510. Landscape Maintenance Agreements -2- November 6, 1984 ALTERNATE ACTIONS 1. Approve the contract documents for landscape maintenance services. Approve a budget amendment in the amount of $20,000, and authorize staff to pursue cost recovery from the contractor. 2. Do not approve the documents. 3. Refer to staff for additional information. RECOMMENDATION By motion, approve the contract documents for landscape maintenance services. Approve a budget amendment in the amount of $20,000, and authorize staff to pursue cost recovery from the contractor. Respectfully submitted, W. D. Murphy WDM:CSFJrem attachments PRODUCER GENERAL INSURANCE AGENCY P.O. BOX 6010 MISSION VIEJO, CA 92690-4010 X61- 2 Zo1 INSURED Clark Green: Green's Gardening 28051 Via Del Campo San Juan Capistrano, CA 92675 12-21-84 THIS CERTIFICATE IS ISSUED AS A'MATTER OF INFORMATION ONLY AND CONFERS VO RIGHTS UPON' HE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTET- THE COVERAGS AFFORDED BY `HE POLICIES BELOW. COMPANIES AJ=FORDING COVERAGE TER LE A AMERICAN STATES INSURANCE COMPANY LE TER CC APA LET NYRB FAIRMONT INSURANCE COMPANY COAPANY LE TER C CO APANY p LE TER AN CO APANY E LE TER THIS IS TO CERTIFY THAT POLICIES OF NSURANCE LISTED BELOW HAVE LEEN ISSUEDTOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REGUIREMENI , TERM OR CONDITION OF ANY 0 NITRACT OR OTHER DOCUMENT WFN RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSU RAHCE AFFORDED BY THE POLIO SS DESCRIBED HEFEIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. COTYPE OF INSURANCE POLICY NUMBER PCIVN EFFECTIVE POUC! EYPIPATIBN LIABILITY LIMITS IN THOUSANDS LTR GATE (MMNDM/) GATE (MMNO/V11 OCCRH UR IAODILY $ AGGREGATE GENERAL LIABILITY $ ] COMPREHENSIVE FORM INJURY PREMISES/OPERATIONS PROPERTY $ $ UNDERGROUND EXPLOSION M COLLAPSE HAZARD DAMAGE A PROOUCTS/COMPLETED OPERATIONS OIPP051112-1 9-20-84 9-20-85 CONTRACTUAL COMBINED $1,000, $ 1,000, INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ 1,000, BODILY MRV $ AUTOMOBILE LIA"TY ANY AUL y 1w (PER PERSON) ALL OWNEp AU1BS(PRIV. PASP BODILY ALL OWWEO AU1S��pT P (PER ACCIDENT) $ HIREOf05 1. PROPERTY NON -HOED AUTOS 2 (7 DAMAGE $ GARI LIAB&Y 131 6 PD C* COMBINED $ EXCESS LIA UMBRELLA FORMED $ $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STA UTORY $1,000 A OENT B AND F16070 9-20-84 9-20-85 1 000 ((DISEDISE ASEE-P-POLICY LIMB) EMPLOYERS' LIABILITY $1 , OOO {DISEASE -EACH EMPLOYEE) OTHER / DESCRIPTION OF OPERATIONS/LOCATIONSA EHICLES/SPECIAL ITEMS ^ ' THE BELOW CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED WITH THE EXCEPTION OF WORKERS COMPENSATION. • . OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX - City of San Juan Capistrano RAi fyN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO IL1U DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 32400 Pasel Adelanto FT, BUT FAILURETO MAILSUCH NOTICESHALL IMPOSE NOOBLIGATION ORLIABIM ANY KIND UPON THE COMPANY, ITS AGENT OR R PRESENTATIVES. San :[A Juan Capistrano, CA 92675 iORRED REPRESENTATIVE HERBERT W. BROWN PRODUCER GENERAL INSURANCE AGENCY P.O. BOX 6010 MISSION VIEJO, CALIF. 92690-4010 6�! _ 2to I INSURED Clark Green DBA: Green's Gardening 28051 Via Del C ampo San Juan Capistrano, Calif. 92675 � )-56Zi 11/20/84 THIS CERTIFICATE IS ISSUED AS A MATTER OF INR RMATION )NLY AND 00'IFERS NO RIGHTS UPON' HE CERTIFICATI HOMER. THIS T SRT*1CAI : DOES NOT A11END, EXTEND OR ALTERTHE Colima AFFORDED BY FRE POLK:IES BELOW. COMPANIES AFFORDING COVERAGE U COMPANY -TER A BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEI EIN D SUBJECT TO ALL THE TRIMS, EXCLLSDRS, AND Co DI - TIONS OF SUCH POLICIES. y Lf( LE c OCCU AP.ERICAN STATES INSURANCE COMPANY 11 �� Y 6 FAIRMONT INSURANCE COMPANY BOOI-Y INJU=n $ $ COMPANY C LEITER -- PROPERTY - L f' LEITER COMPANY D G n m a � 78 pl COMPANYT=,a_ E q -� LETTER DAM, $ $ THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO TI E INSURED NAM D ABOVE FORWI-MFVOILICV i FWD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHE R DOCUMENT W rH RESPECT TQ'MHI1CH1 TIU3CBIRL1F1C TI: MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEI EIN D SUBJECT TO ALL THE TRIMS, EXCLLSDRS, AND Co DI - TIONS OF SUCH POLICIES. y COPO.:Y EFFECiNE POU. Y EXPIRATION L ASILRV LIMITS N THOUSANDS TYPE OF INSURANCE POLICY NUMBER SR DAT: (MMUNY) DAT (MtWNY)T- H AO:RE(UTE c OCCU GENERAL LIABILITY BOOI-Y INJU=n $ $ COMPREHENSIVE FORM -- PROPERTY - PREMISESIOPERATIONS ROUN DAM, $ $ EXPLOSION &COLLAPSE HAZARD,GE -_ A PRODUCTSICOMPLETEDOPERATIONS 01PP051112-1 9/20/84 9/20/85 CONTRACTUAL SCOL INED $ 1,000, $ 1,000, INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE I PERSONAL INJURY PERSONAL INJURY $ TTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRN. PASS.) ALL OWNED AUTOS OPRTHN. ER PASS.THAN HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION B AND P16070 EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS/_OCATIONSNEHICLESISPECIAL 9/20/84 1 9%20/85 1,000, SINEDI $ Is STATUTORY Cit of San Juan Capistrano SHOULD ANY OF THI: ABOVE DESCRI13ED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 32400 Paseo Adelanto MAILI_DAYS IWTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILUI E T ) MAL SUCH NO'T'ICE SHALL BIOSE NO OBLIGATION OR LIABILITY San Juan Capistrano, Calif. 92675 OF ANY KIND UPON ENE COMPANY, ITS AGENTS OR REPRESENTATIVES. 'ffffIT FIR rAM W N 1, *W- ww ' &"- I& eA 1