1984-1106_GREEN'S GARDENING_AgreementI
• W, City"
A G R E E M E N T
LANDSCAPE MAINTENANCE FOR SPECIFIED
CITY FACILITIES
RECEIVED
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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.
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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.
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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.
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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
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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.
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. 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)
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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
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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.
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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.
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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.
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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.
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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.
* * * * * * * * * *
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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
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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
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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.
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DAMAGE $
GARI LIAB&Y
131 6 PD
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COMBINED $
EXCESS LIA
UMBRELLA FORMED
$
$
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
STA UTORY
$1,000 A
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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
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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
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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
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INJU=n
$
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$
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