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1979-1203_TRANSCONTINENTAL FACTORS_Addendum to AgreementADDENDUM TO AGREEMENT LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS 7673, 8485, 9382, 9284 and 9373 This is an addendum to the agreement made and entered into on the 23rd of January, 1980, between the City of San Juan Capis- trano and Transcontinental Factors. Paragraph 8 of the aforementioned agreement states: "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." W I T N E S S E T H: The Director of Public Works has authorized the following: 1. The only tracts which are part of the contract at this time are 7673 and 8485. The others will be added upon 30 days notice. 2. The Contractor is not required to bond for the total amount, but only for those tracts which are active. At such time as others are added, the Contractor will be required to post bonds for each one. 3. The monthly payment shall be limited to the tracts which are currently active. The monthly payment for Tracts 7673 and 8485 shall be $500.00 each for a total of $1,000.00. Additional payment shall be added as each tract is activiated in the amounts stated in the bid. IN WITNESS WHEREOF, the parties hereto have entered into this addenda to the Agreement. Dated: February 11, 1980 CITY OF SAN JUAN CAPISTRANO Dated: L/J. `✓ 020. /l1 �li By V W. D. Murphy, Directorof Public Works TRANSCONTINENTAL FACTORS By lY �d[�Llii-Lr By • CITY COPY 0 A C R '. ' 1 7 T LANDSCAPE iL\IN'1117CE FOP. SPE -171-D FORTIGNS OF TRACTS 7673, 8485, 9382, 9284 & 9373 THIS AGREEMENT is made and entered into this 23rd day of January , 1980 , between the City of San Juan Capistrano, hereinafter referred to as "CITY" and TRANSCONTINENTAL FACTORS , hereinafter referred to as "CONTRACTOR" for landscape maintenance of specified portions of Tracts 7673, 8485, 9382, 928/- and 9373. The implementing authority for the CITY shall be the Department of Public Works. W I T N E S S E T H: SECTION 1. TERM. This Agreement shall commence on the 1st day of February 19 80, and shall remain and continue in effect for a period of twelve (12) months thereafter subject to extension or termination as described in Section 13 or Section 14. SECTION 2. MAINTENANCE: Maintenance shall include but not be limited to slopes, parkways and other specified areas in above referenced tracts. CONTRACTOR may be required to perform extra work as deemed necessary by the Director of Public Works. 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 per- form the landscape maintenance in the manner specified herein for the following consideration: SPECIFIED AREAS IN TRACTS 7673, 8485, 9382, 9284 & 9373 TOTAL MONTHLY COSTS TOTAL ANNUAL COSTS $ 40,000.00 Payment for any extra work directed by CITY shall be the actual cost of labor plus wholesale cost of material plus 20 percent. Monthly payments to CONTRACTOR will be made on the regular day for payment of City bills by the City Treasurer. CONTRACTOR shall submit detailed invoices with back-up vouchers for all charges other than monthly costs for item above. At the sole discretion of the Director of Public Works, additions or deletions may be made to this agreement which may result in an increase or decrease in the areas and acreage to be maintained. Such changes .will be submitted to CONTRACTOR in writing and shall be identified as addendums to this agreement. The affected areas will be classified, measured, and priced in accordance with the unit costs specified above. -12- Go rl provision!-- for t.hr. % vr'r to 1w. 1 :) fc„ d ,',r. c'.r.; .ring: ; L :l :.i.n tln.1 clrWnade a Lal: L of this a•yrrJ ,'•.•IN.. il; r.•l c•r crcr. SECTION 5. X; )']IF'ldi;':'', 10,POR 7\M) '"PiXAIT IF i;,AGT:S: ':1. CC1U1 J-^ men nI cv:,cell:y iol: the SZtL-isfactory performance of the %:'ork set forth in this cc:rlLri:ct. Tight hours constitutes a legal day's work. The time %•Torked Y)y each vorkman employed in the, execution of the agreemr.nl by CO:I'I'12AC7'OR or any subcontractor under him is limited and restricted to eight hours in any one calendar clay and 40 hours in any one calendar'%•reek. Wort: per- formed in excess of eight ]lours per day shall. be perlaitted upon compen- sation at not l='sS than Cmc. L;ild ons_' half til?lc-•; the basic Trate 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 rage of per diem %•.ages for each laborer or workman performing any work under this contract. SEC`T'ION G. CONTROL OF WORK: The Director of Public Works, or his authorized representatives, shall decide all questions which may arise as to the manner of performance and rate of progress of the work; all questions as to the acceptable fulfillment of the contract on the part of the COR'TrACTOR; all questions. as to the interpretation of the specifications; and all questions as to compensation. 1Ii.s dccision shall be final and he shall have authority to enforce and make effective such decisions. When condition of a maintai.ncd area is determined by Director to be substandhrd due to inadequate or improper maintenance, monthly payment may be withheld until such condition is resolved to the satisfaction of the Director.. SECTION 7. PROSPCUTTON OF FORK: The CONTRi%CTOR shall. begin Maintaining landscaping with _ in if Ccen (15)clay:; after the execution of the agr.eer:cnt by the CITY and shall diligently prosecute the same until the termination of the agreomont. SliC9110\ 8. CONTRACT FONDS: Prior to tho data Of cxocuLion of this, a,;r n:: nt b}' C1'1'1', C1?:;'i'::a:';'c1': ::II':1 7 (1(,po:.i t 1•Ti th t.ho CITY a surcLy bona to !; •cur:o the: fal.thtul perturam:ulcc of Lhis contract anll a srllaraLc holed 4,0 :;c•c•ure of. per -;ori!; IJc;rtu) ;nin;l IaIUO: iul�l furni:;h.incl Illat�rials: in COlulrcti011 WWI this c•ontr:lct, earls bora] s11a11 ]lc in iho a loillit. of not: ]cr::; HlIn Oil(, 11undrod Po rcent (100".) of the arlount. of this cont I ;lct.. -13- C;! R •0 (Ip it a1-3 I;ing 11_1-();:I' or conn :.ct-'C"d ri"' malinor %-Ath' the subject- i,iM.ters of thi.,; ZICC.Cptable to the CY--'J" Cjl._�[,JVO Uil Lhi:' LI't", or olwro.'Lioli a;'."l in full force thi'c,nqhout "h- full. tc.rlii or thi'; The 1.101.iCy or 11C)1iCiCS Sh,111 be ­61.ti "Lcd to ill tlStat C' Of or acceptc,!)I(t to thc. Dc-1),irtmen' Of Insur,!nco., on forms no loss broad in the :;C(APO Of COV017ZIC1e than standard forms. Each jpoli.cy of in';urance shall nzi-i-ile the CITY as aciditional for 30 Cays writtc.,n natico. to the CITY, of cancolla Lion, ijw.kLuj.jal clian(jQ, jjjtLn',:i-_jjj.ijoL to allow ior sc%,ora1)j.jjtv of interest'. of CITY; be primary and non- contributing e-iLh insurance Maintained or self-insured by CITY; and be endorsed %.:ith a standard waiver of subrogition in favor of CITY. CONT-R;iCTOR agrees to deposit with CITY, on or before the time coverage is r((Tuirc;d,i _�Ct' -o 1.�_- in C,f,.r(i:iflCateSof insurance, in duplicate to :;atisfy Q.ITY that insurance provisions of this Agreement have been complied with, and to keep such insurance in effect and the certificates thereof on deposit" with CITY during the entire term of this Agreement. CONTRACTOR agrees to furnish certified copies of in- surance policies if requested by letter by CITY when certificates are deemed inadequate by CITY. CITY shall retain the right at any time to review the coverage, form and amount of the insurance required hereby. If, in the opinion of CITY, the insurance provisions in this Agreement-do not provide adequate protection for CITY and for members of the public foreseeably exposed to risk arising from this Agreement CITY inay require CONTRACTOR to obtain insurance sufficient in coverage, form, and amount to provide adequate protection therefor. CITY requirements shall be reasonable but'shall be designed to assure protection from and against the kind and extent of the risk which exist or may be foreseen at the time a change in insurance is required. CITY shall notify CONTRACTOR in 1•.Yriting of any required changes in insurance requirements and should CONTRACTOR fail to deposit copies of acceptable insurance cortif.icatc-s or policies incorporating such changes within sixty (60) days of reccipt of notice, such failure shal-l. be considered a material breach of this contract without further notice to CONTRACTOR and CITY shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit: CONTRACTOR'S liability hereunder nor to fulfill tl!(, in"20milificatioa and roquircmontr of this Agreement. insurance, CONTM�CT0111% shall -is ta nd i n -)1i.cies of insui.-L Notwit) said policy or I)c be obligated for the full ane total. amount (-.)I- any 6amailct injury, or loss caused by nogligonco connected with the Agreement. I yu(ill":;tod I)y CITY or its in-111-ors " coop'I.Itc vith )):'th' zi!!-A jllovlklk� irforw-'ti on .r1 to th'..` do1oil:to 01 c1z2ill"s or '111'1 r,-train from any cicts, or statomonts to CiLhol­.; which could 1),, to such C!1:("i1w*1' 10. Al] poiici.e:l lilu!--t liamc, the City of qtll du.ln 1"titito ol -.1 lot _- li:ll ilii c-Iit:tai.ned AL b` cortific'd but in ncl�or.t :01;11.1 limits be 1.1::111 .'I1i'C:i. 1. 1 CCI 11C' ]111'`:.'1 i;::. 11:1`,' i:'j .I I-eg,; i'i1 ] i Ill i t. a t i C, i 1 L7i a J1/1. 1.1 t " e;hn]'1 !x"::I•}'cl.atc as to t 1) e risks u...:i.n(j out o1 the :n11)jcct maLtcr oc this AFIT accn.:nt. k, 'p Kort:ors Componsat:ion & Lmployc:rs Liability Co:ni,_'chcn:;i.Ve General. Liability Auto Liability rrt:;l;inlr r,;ll:it $100,000 $500,000 Co�:bincd Sinqle Limit Each Occurrence $500,000 Dol -lily Injury $500,000 Lach eccurrencc $500,000 Proporty Da:r.: ge SECTIO'": 11:' SAFETY: CONTW'.CTOR agrees to pc-rform all work outlined in this contract in such manner as to meet all accented stan- dards for safe practices during operations and to maintain safe conditions of premises and rays at all times, including safely stored equipment, inachines, materials or dobris, pro Lec Led excavations, or bLlior hazards consequential or related to his work; and agrees additionally to accept the sole responsibility for complying with all applicable local, County, State or other legal requirements including but not limited to full compliance with the intents and terms of the applicable OSIUP and Cal; OSHA safety orders at all times, so as to protect all persons, including CONTRACTOR employees, agents of CITY, vendors, r1cmber.s of the public or others from foreseeable injury, or damage to their property. :!rimcs, thefts, vandalisms, hazards, etc. shall be initially reported by phone followed by confirmation in writing to the Director. of Public works or his representatives. SECTION 12. INDEMNITY PROVISION: The CONTRACTOR shall be responsible from the time of the beginning of operations, for all. injury or damage of any kind resulting from said operations to persons or property regardless of who_r.;ay be the owner of the property. In addition to the liabilkLy imposed upon the CONTP CTOR on account of personal injury (inclucling death) or property damage suffered through the CONTRACT01','S negligence, which liability is not i.rnpai.recl or other- wise affectod hereunder., the CON"i'}ZACTCR assumes the obligation to save the CITY harmless and to indemnify the CITY from every expanse, l.iab..Lity or p:lyrlent: arising out of. or through injury (including death) to any person or parsons or damage to property (regardless of who may be the owner of the pl:op_.rt.y) of any place in which work is located', arisincj out of or suf rerrl t.hrooc1h any act or omis::.ion of the CONTRACTOR or any sLibc.ont t zi�:Lur or a11%011C dirccLl.y or in:ii rucLly employcd by or unclor the rnt c^rri::i..^n or any of 'thou in Lho pro:;ocuLion of tho oh.r.tCi.ota inclu6cd in this o(Int.roct. -.1,5- • 0 SECTION 13. CONTRACT EXTENSION: In the event CONTRACTOR has fully complied with all ter -ms and conditions of this contract, as determined in the sole discretion of CITY'S Director of Public Works, CONTRACTOR may request that the duration of this contract be extended for successive periods of twelve months. CONTRACTOR shall submit his request in writing to the Director of Public Works at least 30 calen- dar days prior to the date on which the -contract or an extension thereof would otherwise have terminated. In no event shall the total term of this contract, including all extensions, exceed 36 months. SECTION 14. CONTRACT TERMINATION: Any other provisions herein to the contrary notwithstanding, and in addition to other methods of termination provided for herein or available under the laws of the State of California, it is agreed that this Agreement shall terminate sixty (60) days after written notice of intent to terminate whiGh•may be given by either party to the other party of the Agreement. SECTION 15. NOTICES: Any written notices to the parties hereto shall be sufficient if they are deposited in the United States mail in envelopes, postage prepaid by registered or certified mail, addressed as follows: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SECTION 16. ASSIGNMENT: CONTRACTOR may not assign this Agreement without prior consent and approval of CITY. SECTION 17. LICENSING REQUIREMENTS: CONTRACTOR is required to possess either a valid C-27 Landscape Maintenance License or a valid Class A Contractor's License. In addition, CONTRACTOR must possess a Pest Control Advisor's License and a Pest Control Operator's License or must subcontract pest control requirements to a licensed contractor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement at San Juan Capistrano, California, the day and year first above written. Dated: January 23, 1980 CITY /OAF SAN JUAN CAPISTRANO KENNETH E. FRIESS, MAYOR CONTRACTOR TRANSCONTINENTAL FACTORS i" ) BY v -16-�% ATTEST: • 11111111111 � ►i • �•ETY CLERK APPROVED AS TO FORM: JAMES S. OKAZAKT, CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO 0 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 Land- scapinc, in Tracts 7673, 8485, 9382, 9284 and 9373, executed by the Mayor of the City Council of the City of San Juan Capistrano, California. MARY ANN H OVER, CITY CLERK -17- 0 0 AGENDA ITEM January 23, 1980 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract - Landscaping Maintenance Districts, Tracts 7673, 8485, 9382, 9284, and 9373 SITUATION On January 9, 1980, bids were opened for the maintenance of landscaped areas in Tracts 7673, 8485, 9382, 9284, and 9373. The bids were as follows: California Landscape $50,220 Transcontinental Factors 40,000 Environmental Care 36,858.96 Toyo 59,400 Artistic Maintenance 53,954.64 The apparent low bidder, Environmental Care, asked to be withdrawn because of a computational error. This makes Transcontinental Factors low bidder at $40,000. FINANCIAL CONSIDERATIONS Funds to pay for landscape maintenance is collected directly from benefitting homeowners on their tax bills. The low bid is within the estimated cost of this service. ALTERNATE ACTIONS 1. Award the contract for landscape maintenance services in Tracts 7673, 8485, 9382, 9284, and 9373 to Transcontinental Factors in the amount of $40,000 and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. 2. Award the contract to another firm. 3. Request further information. RECOMMENDATION By motion, award the contract for landscape maintenance services in Tracts 7673, 8485, 9382, 9284, and 9373 to Transcontinental Factors in the amount of $40,000 and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. Respectfully sub fitted, W. D. Murmii WDM:PH/rh FOR CITY COUNCIL AGENDA .. n r w CONTRACT BOND Bond No.L05-047534 KNOW ALL MEN BY THESE PRESENTS, That we, Transcontinental Factors. Inc called the Principal, and BALBOA INSURANCE COMPANY, a California corporation, called the Surety, are held and firmly bound unto The City of San Juan Capistrano called the Owner, in the sum of Twelve Thousand Doll ars and no/100ths-----------------* Dollars ($ 12,000.00 for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has, by written Agreement, into a Contract with the Owner for 19 , entered Ground Maintenance of various tracts within the City of San Juan Capistrano a copy of which is by reference made a part hereof; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall faithfully perform the Contract free and clear of all liens arising out of claims for labor and materials entering into the construction, and indemnify and save harmless the Owner from all loss, cost or damage which Owner may suffer by reason of the failure so to do, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 10th day of March lg 80 B55E674 Transcontinental Factnrs Tnc Principal O ' By: z o Warinner , Treasurer BAL OA INSURANCE COMPANY Cathy BatselI Attorney-in-fact STATE OF Cal i fnrni a / ss: County of San ni ern On this_ to 9 day of / % Ott CL 9!� before me a Notary Public in and for the said County of _. SAn T)i ego State of Iral i f rn 'l residing therein, duly commissioned and sworn, personally appeared "'"1 4' A^} Balboa _y ell known to me to be the Attorney -in -Fact of the that he s b e 1 ' t m executed the within instrument, and acknowledged to me MAkI oa no ce Company thereto and his own name as Attorney -in -Fact. nameoTRACI A. ROTHWELL NOTARYPUBLIC CALIFORNIA � PRINCIPAL OFFICE IN ,a SAN DIEGO COUNTY Notary Public in and for the County of My Commission Expires Jan. 2, 1984 IL002ZR776 SanD_ i@M _,State of California 0 BALBOA INSURANCE COMPANY • 620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 � GPA 670 POWER OF ATTORNEY VALID GENERAL POWER OF ATTORNEY ONLY IF NUMBERED IN RED Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make, constitute and appoint CATHY M. BATSELL of San Diego and State of California its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. 'Be It Resolved, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Balboa Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed this 19th day of November 9 ON BALBOA P t Incorporated By State of California j Feb. 6, 1948 ss.: County of Orange On this 19th NN,d'ak1� aF c1%P,,6Qvember A.D., 19 79 before me personally came William Palgutt to me known, who, being by me duly sworn, did depose and say, that he resides in Mission Vido, California I that he is Vice President of BALBOA INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. OFFICIAL A SEAL KIMBERLY A. FORREST NOTARY PUBLIC -CALIFORNIA Notary Public PRINCIPAL OFFICE IN �,,.. ORANGE COUNTY My commission Expires Aug. 22, 1983 I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held on the 24th of March 1972, and that said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN u9d�r by hand and the seal of said ompany, at Newport Beach, California, this �0 ? day of THIS POWER OF ATTORNEY EFFECTIVE ONLY [� IF ATTACHED TO BOND NO. Secretary B29E8]2 BALBOA INSURANCE COMPANY r LABOR AND MATERIAL PAYMENT BOND Approved by The American Institute of Architects A. 1. A. Document No. A-311 (Sept. 1963 Edition) KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER. LQ5-047534 That .,,.Transcontinental Factors Inc. ......... ........... .... .. .. as Principal, hereinafter called Principal, and BAUCIA INSURANCE COMPANY a corporation organized and existing under the laws of the State of California, as Surety, hereinafter called Surety, are held and firmly bound unto .. .. ... City..of.San Juan. Capistrano . as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Twelve Thousand.Dol.lars.and no/100ths*. . Dollars($ 12,000.00 1, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 entered into a contract with Owner for in accordance with drawings and specifications prepared by (Here insert full name, title and address) __________________________________________________________ .............. .......................... ....... ... .which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as here. inafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 111 A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use In the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. (2) The above-named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days atter such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with sunstantia! accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this.......... 1St--. day of April ---- - - ------ - - - A. D., 1980. In the presence of: . TranSC n.ti ne.ntal.. Factors,.. Inc............ ......................................................... By... .... .................. (Seal) Jo arTnner, Treasurer Principal B g A INSU NCE MANY By l/.mac'--c�ir/T !�i'h� �. _ .. .(Seal) Cathy M B sell Atty in fact This bond Is issued simultaneously with performance bond in favor of the Owner conditioned on full and lelthful performance of the Contract. eB51E674 STATE OF Ca 1 ; f / / ss: County of r, D;ao / On this �� - day of V tg before me a Notary Public in and for the said County of _ Ran n, -- State of Ca1��fnrn'- residing therein, duly commissioned and sworn, personally appeared Ca}hr, M R-} p7 Balboa Ineurence Company, the_ co orad that he subscrib 1 known tome to be the Attorney -in -Fact of the ted the within instrument, ft nAwanee C 5? !� TRACI A. ROTN4VELt_ and acknowledged to me pany thereto and his own name as Attorne in -Fact. y '-..^I,'AL OFFICE ,I'd AV DIF(o C OJh:TY Notary Public in and for the County of IL002ZR7782, 619 Cemmissi.m E-��irzs 1984 State of Califoxma 0 BALBOA INSURANCE COMPANY 620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 ��� GPA POWER OF ATTORNEY VALID GENERAL POWER OF ATTORNEY ONLY IF NUMBERED IN RED Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make, constitute and appoint CATHY M. BATSELL of San Diego and State of Cal ifornid its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver OF NO FURTHER EFFECT AFTER DECEMBER 31, 1980" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(syin-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. 'Be /t Resolved, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attoruey(syin-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Balboa Insurance Company has caused these presents to be signed by its Vice President _ and its corporate seal to be hereto affixed this 19th day of State of California I ss.: County of Orange On this that BALBO C40000100 ON u0s, I eb. 6, 194 A.D., 19 79 before me personally came to me known, who, being by me duly sworn, did depose and say, lid I that he is Vice President of BALBOA INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company and that he signed his name thereto by like order. OFFICIAL SEAL �C4 KIMBERLY A. FORREST /nX NOTARY PUBLIC-CALIFORNIANotary Public PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires Aug. 22, 1983 1, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And 1 do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held on the 24th of March 1972, and that said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation" s� GIVEN u r han and the seal of said pany, at Newport Beach, California, this / day of l9 (j V THIS POWER OF ATTORNEY EFFECTIVE ONLY EF ATTACHED TO BOND NO. L� `$ (J y / 5 - (-7 V Secretary B 21EL>2 . (21 W ED KDFS 3 N I �l�U , 1`G00 Ja MMniT QF I-MbMP!NG�gkk -V!3, Sy195, 93'3,Q 99S q3-73 BIDDER AMOUNT - - o BID PROPOSAL For the: Bid opening January 9, 1980 Maintenance of Landscaping in From Transcontinental Factors Inc. Tracts 7673, 8485, 9382, 9284 and Contractor 9373 To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the locations(s) of the proposed work as described, examined the specifications and general conditions therefor., read the instruc- tions to bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted to provide all necessary labor, machinery, tools, equipment and all other utility and transportation services required to perform the landscape maintenance in accordance with the specifications for the maintenance of Landscaping in Tracts 7673, 8485, 9382, 9284 and 9373, in the time stated herein, for the lump sum given on the following pages of this proposal. In case of discrepancy between unit prices and the extension there- of, the.ur_it price shall prevail and bids will be computed as indicated above and compared on the.basis of corrected totals. It -is also understood by Bidder that the City of San Juan Cap- istrano 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 the enclosed check or bid bond shall be returned to the undersigned within thirty (30) days. If the pro- posal 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 tb comply with the terms of this proposal.f Accompanying this proposal is bidder's bond (insert "Jr `cash", "cashier's check", "certified check", or"b ci doi:'s bond" as the case may..be) in an amount equal to at least ten percent (10•) of the total bid. -3- The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Balboa Insurance Company, 620 Newport Center Drive, Newport Beach, CA 92660 Licenced in accordance with an act providing for the registration of contractors - - License No. 349683 Signature of bidder: TRANSGONTINMAL FACTORS *INC. By: . s arinner, Secretary/Treasurer (If an individual, so sta J lIf a firm or co -partnership, state the firm name and give the names of all individual cc -partners composing the firm: President, secretary, treasurer and manager thereof.) Dated: January 8 1980 P. 0. Box 4119,SAN Clemente, CA 92672 Business z 'dress (714) 492-2943 Telephone Transcontinental Factors IncAs a California corporation with the following officers and directors: Warren Fenske, President and Chairman of the Board Fred Fenske, Vice President and Director Jo Warinner, Secretary/Treasurer and Director Lyle Sardie, Director -4- E AREAS TO BE MAINTAINED BY THE DISTRICTS TRACT 7673 .828 Acres 0 The Ortega Highway, right-of-way, exclusive of the street section to the southerly curb, along the northerly boundary of said tract, and the area lying northerly of the curved walls at the inter- section of Ortega Highway and Via Cuartel, being a portion of Lots 1 and 79 of said tract. 11 Lot C of said Tract The westerly two feet, lying northerly of Lot B, of said tract, being a portion of Lots 71 and 72 of said tract. The slope area along the westerly boundary, lying southerly of Lot B, and westerly of the block wall, being a portion of Lots 44 through 52 inclusive, of said tract. The slope area along the northerly right-of-way of Calle Arroyo, exclusive of street intersections, lying southerly of the block wall, being a portion of Lots 32, 43, 44, and 61 of said tract. . TRACT 8485 .802 Acres The Ortega Highway right-of-way, exclusive of the street section to the southerly curb, along the northerly boundary of said tract, and the area lying northerly of the curved walls at the intersection of Ortega Highway and Via Errecarte, being a portion of Lots 1 and 74 of said tract. The slope area along the northerly right-of-way of Calle Arroyo, including the portion of said right-of-way lying northerly of the 5 foot wide sidewalk, being a portion of Lots 12 through 24,.inclu- sive, a portion of Lot 54, of said tract. The slope area along the westerly right-of-way of Avenida Siega, including the portion of said right-of-way lying westerly of the 5 foot wide sidewalk, being a portion of Lots 10 through 12, in- clusive, of said tract. TRACT 9382 3.868 Acres The Ortega Highway right-of-way, exclusive of the street section to the northerly curb, along the southerly boundary of said tract. The slope area along the northerly right-of-way for Ortega Highway, lying southerly of the block wall, being a portion of Lots 1 through 8, inclusive, of said tract. -5- • TRACT 9382 - CONTINUED C7 The slope area long the easterly right-of-way of Belford Terrace, including the portion of said right-of-way lying easterly of the 5 foot wide sidewalk, bounded on the south by Ortega Highway, and bounded on the north by Rosedale Drive,. being a portion of Lot 1 of s,riid tract. The southerly 10 feet of the 56 foot wide right-of-way of Rosedale Drive, bounded on the west by Belford Terrace, and bounded on the east by a line parallel with and distant 65 feet from the center- line of Belford Terrace. The remanufactured slopes lying within Lots 62, 63, and 64 of said tract, excepting therefrom the portion of the remanufactured slope within Lot 62 lying southwesterly of the southwesterly line of the 150 foot wide easement to San Diego Gas & Electric Company, as shown on the map of said tract. TRACT 9284 2.350 Acres The remanufactured slopes within Lots 1, 6, 7, 8, 9, and 22 of said tract, and the remanufactured slope along the easterly right-of-way for Paseo Peregrino, lying easterly of the angle point in the center- line of said Paseo Peregrino, being a portion of Lot 16 of said tract. TRACT 9373 4.370 Acres All of Lot A of said tract. The 32 foot wide drainage easement, and the adjacent 10 foot wide equestrian easement along the southwesterly boundary of said tract, being a portion of Lots 100 through 102 of said tract. The remanufactured slopes within Lots 52 through 60 inclusive, and Lots 111 through 118, inclusive, of said tract. The 10 foot wide equestrian easement along the northeasterly boundary of said tract. All of Lot A of said Tract 7654. The 15 foot wide drainage easement within said Tract 7654, along the northerly boundary of said Tract 7654. Detailed landscaping plans for each Tract are on file in the San Juan Capistrano Planning Department. Each tract is to be bid separately, however, award will be made on the cumulative total. L It is anticipated that Tracts 7673, 8485 and 9382 will be activated immeidately. Tracts 9284 and 9373 will be activated as soon as the landscaping is deemed acceptable by the City. Contractor will be given written notice prior to activation of dormant tracts. Monthly Cost For Tract 7673: Monthly Cost For Tract 8485: Monthly Cost For Tract 9382: Monthly Cost For Tract 9284: Monthly Cost For Tract 9373: TOTAL MONTHLY COSTS: TOTAL ANNUAL COSTS: $ .5-00. a -C $ $ $ $ X333. 9 3 $ 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. FACTORS INC, gna (714) 492-2943 Telephone number r -7- � sip N t D's fl �l $ b Tr. iV 9 76 73 � o Ilk `rFo s � ^ Z � I a 1 if O/3TR/CT 6OUNORRY LOCPTiO.V M.4P NO sclJCE ,/-ITT-ICPMF.AlT "�I RA C 7- 7(o73 rAc-,HMEfrr 0 0 0, I CADGE Tr. A/ -a 8485 0 Q W 1yq/NTENaNCE Q/STR/CT BOUNDFI R y Ia �/ Loeg7_10 i M,go NO 6CAG E E, • r� f � rr \ -1 ',-AIt - fav iC� FO I i©jjqa0 , - -„6FSRij it R a t N Yl3� �� u �i i Q k TRACT 8c85 A-rTAc+Mfar e f x0 TR. Ci' PY ot �� ,' BounrvgRY� Cr n .till IJ 7•R 9380 RTMCNMEN T "4."' o• O 7•R 9380 RTMCNMEN T "4."' _k-49INTEMWICE "5EME1Y T_.3___ URTE��N d a J b 0 TR 93 8 Z v ATTACHMENT ".8 " _ _/444/N7'FNVI D/S TR1 C _.��QUlJ/VDAR • h c ' A MAINTENANCE" DISTRICT B OUAIDARY TR. 92 9 ATTACuMENT "y" 0 EA5EMENTS 9 MWAIMIJAAACE E9SEMEiVT MAiA/rENAWC E95EME-1IrS 7`R. .928 ¢ 17MCyME"NT "e It L, MAIfJTE,Vr'�IJCE D/STRIC%` _.BOUNDARY WINTENANCC 0/STRICT ouND,9RY 937-3 4 • ESTIAN f Ell yu � a m Y / O 9 Q 3 o - M!�/N7C-AI47NCE M IN7-rAlvmcE �o�°p EASEMENT EASEMENT EQUESTR/FIN - TRA/L Na Scal¢ L,4 NUV/A /JVE. \\ TR 93 73 �X�1/,8/T ,.8 •, NON-COLOT ON BIDDER STATE OF CALIFORNIA County of Orange ss. AFFIDAVIT TO BE EXEC4fD BY AND SUB11ITTED WITH BID Jo Warinner being first duly sworn deposes and says thatshe is Secretary/Treasurer of Transcontinental Factory Inc. the party making the foregoing bid; that such bid is 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 anyone else to.put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by - 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 indi- vidual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. Subscribed and a to before i U -M 9 0 I BALBOA INSURANCE COMPANY L05-014197-3 PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we,-Trans_Continental Factors, Inc. _ as Principal, and the BALBOA INSURANCE COMPANY, a corporation under the laws of the State of California, as Surety, are held and firmly bound unto __ City of San Juan Cajl_strano__ _ ��� 10107 of amount bid not to exceed: (hereinafter called the obligee) in the full and just sum of—*F4u>`Th4-Sandand no�l00tha-*___ Dollars, (s 4 000.00 _._ _ ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severely, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this • r ILGOIF-674 8th day of January Trans -Continental Factors Inc. RINCWAL BALBOA INSURANCE COMPANY BY Ad ATTORNEY-IN-FACT Cathy M. atsell 19 80 STATE OF California ) ss: Coantyof ros ApaploS On this D44.1— day of �Q/til��u�i tgY—L before me W.J. Shupper a Notary Public in and for the said County of Los Angeles State of _California residing therein, duly commissioned and sworn, personally appeared Cathy M. Batsell mown to me to be the Attorney -in -Fact of the Balboa Insurance Company, the corporation that executed the within instrument, and acknowledged to me that he subscribed the name of the Balboa Insurance Company thereto and hjs own name as Attorney -in -Fact. I mo` E'ER IN A Notarypuld 'n and 4 7L002ZR776 ,couNTv Los Angel � - Mv Commiss!a❑ C�.r .f" JJY 1.1983 4e County of of California • BALBOA INSURANCE COMPANY • 620 NEWPORT CENI ER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 GPA 383 POWER OF ATTORNEY VALID 9 GENERAL POWER OF ATTORNEY ONLY IF NUMBERED IN RED Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make, constitute and appoint of San Die00 and State of California ils true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, seated with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s}in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. "Be It Resolved, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Balboa Insurance Company has caused these presents to be signed by its Vice President _ and its corporate seal to be hereto affixed this 19th day of - - - oP v �yv nm„cT�- 0 Incorporated —•— State of California Feb. 6, 1948 as.: rt County of Orange BALBO P By On this 19th 'N,( D{IFP �c1yP/i�o v em be r q.D., 19 79 before me personally came William Palgutt to me known, who, being by me duly sworn, did depose and say, that he resides in Mission Viejo, California I that he is Vice President of BALBOA INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Compam ;and that he signed his name thereto by like order. ”- OFFICIAL SEAL /J % /J�5-� KIMBERLY A. FORREST NOTARY PUBLIC CALIFORNIA !Votary Public PRINCIPAL OFFICE IN '? ORANGE COUNTY My Commission Expires Aug. 22, 1983 1, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And 1 do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held on the 24th of March 1972, and that said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN unde( by hand and the seal of said o ny, at Newport Beach, California, this day of FJ QiY1 19 . THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO. QY� — V 1 4 �� -) – S Secretary B29E6]2 PROOF OF PUBLI#ON (2015.5 C.C.P.) STATR OF CALIFORNIA, County of Orange City of San Clemente I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the San Clemente Sun -Post a newspaper of general circulation printed and published - __DAILY - .............. ..... .. . in the City of San Cierncnte County of Orange, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of March 11, 1Q60, Case Number A9140; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: .... Deceml _e .. all in the year 19...79 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente. California, this 21st December ...... day of ...........................- ........ 1—. 19.... %9 ",,,1...�` ? ......... ..................... ignature SAN CLEIIEN-17E PUBLISHING CORP. 1542 North EI Camino Real - P.O. Box 367 San Clemente, Calif. 92672 - Phone 714492-5121 This space 0 the County Clerk's Piling Stamp PECEIVED Z4 II 13 AN10,, CITY OF SANS II1hN Proof of Publi&Af iSfT R A N G NOTICE INVITING BIDS ...................................................... NOTICE' OF TRANSS,'ITTAL - LF.,GAL PUBLICATIONS TO: DAILY SUN -POST Helen Ni.el.sen, Legal FOR PUBLICATION ON: DOCUMINT(S) TO BE PUBLISHED • FRIDAY, DECEMBER 14, 1979 and FRIDAY, DECEMBER 21, 1979 NOTICE INVITING BIDS - 14AINTENANCE OF LANDSCAPING IN TRACTS 7673, 8485, 9382, 9284 AND 9373 PROOF OF PUBLICATION: Please send to: AUTHORIZED BY: DATE: December 3, 1979 Date sent to paper Dane proofed Date published Date affidavit rcecived Cost I Office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 NOTICE INVITING BIDS 0 MAINTENANCE OF LANDSCAPING IN TRACTS 7673, 8485, 9382, 9284 and 9373 Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the maintenance of Landscaping in Tract 7673, 8485, 9382, 9284 and 9373 until 11:00 a.m. on the 9th day of January . 1980 A pre-bid conference is scheduled at 10:00 a.m. on the 4th day of January 1980, at the City offices to assist contractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at a non-refundable charge,of $5.00 Dated: December 3, 1979 CITY CL Z CITY O SAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA N0TICH INVITING BIDS Public notice is hereby given that the City Council of the City of San Juan Capistrano will up to 11:00 A.M. on the 9th day of. January 19 80, receive sealed proposals or bids for the Maintenance of Landscaping In Tracts 7673, 8485, 9382, 9284 and 9373. in accordance with the approved specifications on file in the office of the City Clerk of the City of San Juan Capistrano, City Hall., 32400 Paseo Adelanto, San Juan Capistrano, California. Bids will be received until the time hereinbefore indicated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accom- panied by a certified check, cash, cashier's check or bidder's bond payable 'co the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 25 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 A.M. on the 4th day of Jantiar1y 19 80, at the City offices. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information 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 in- structions, explanations, or interpretation of the specifications and contract documents presented to the bidders in any manner. BIDDERS ARE HEREBY NOTIFIED ^',AT, pursuant to the Labor Code of the State of California, cod es 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. -1- Copies of the specifications are on file in thc: Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Cap- ie;".rano, California. Copies of the specifications for use in p,epziring bids niay be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of specifications is available for each general contractor proposing to sub?nit a bid for said work. A charge in the amount of $5.00, non --refundable, is required for obtaining each set of specifications. Each bidder shall state the California Contractor's License Number of such bidder so bidding, as no bid will be accepted from a Con- tractor who has not been licensed in accordance with the provisions of the.laws of the State of California relating to the licensing of Contractors. This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 3rd day of December 19 79 . CITY OV SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA The successful bidder, simultaneously with the execution of the contract, will be required to furnish a faithful performance bond equal in amount to one hundred percent (1000) of the contract price and a labor and materials bond equal in amount to one hundred per- cent (100;) of the contract price. The City Council reserves the right to reject any and all bids received and to compare the relative merits .of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. -2-- CITY 2._ t 0 0 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS FOR MAINTENANCE OF LANDSCAPING IN TRACTS 7673, 8485, 9382, 9284 and 9373 J- CITY COUNCIL KENNETH E. FRIESS, MAYOR JAMES E. THORPE PHILLIP R. SCHWARTZE LARRY BUCHHEIM GARY L. HAUSDORFER W. D. MURPHY' DIRECTOR OF PUBLIC WORKS January, 1980 t T A B L E O F C O N T E N T S CONTRACT DOCUMENTS NOTICE INVITING BIDS ..................................... 1 BID PROPOSAL ............................................. 3 NON -COLLUSION AFFIDAVIT .................................. 8 INSTRUCTION TO BIDDERS ................................... 9 AGREEMENT .............................................. .12 BIDBOND ................................................ 18 FAITHFUL PERFORMANCE BOND ............................... 19 LABOR AND MATERIAL BOND ................................. 20 GENERAL PROVISIONS .................. ................. 23 i 1N:7f'iQ1C7'7C?i 'lY) PIDIIP;1:> Scctl; i r.:. 17ocum^r: C^ . Spi'Ci 1..I(':11-10:1 (ICICII me I Its wil_1. I')e av iI i_1 ,-I)le f(>r e`::1 -M1 iw,. t 7 on withOLlt chal'go a1ld cupics I:;ay be secured in accorc;ance with the "Notice Inviting Bids." Examination of Specifications and Site of 11ork. The bi.dcler is requirc,_l to examine tho site of work, the propo,_'.al., and the specifications very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the material,. to be furnished acid the requirements of the Contract Documents. Disqual.i_fication of }sic'.ders. No person, firm or corporation shall be allowed to slake, 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 •-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 following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out, and the signatures of all persons signing shall be in longhand. B. All prices and notations must be in ink or. typcc•:ritten. No erasures -,,ill 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, tel-egraphic or telephonic propoeal.s 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 pl:operly and fully filled out. E. Each bidder must accompany his bid with oiihcr a cash.icr's ch: ck upon :.Oi;h' res'polu.,ibl-c h, -in%, or a proporly CCLLificd chock upOu suc;1 bail.:, or an approved curporate surety hond payable to the City for such a sum of not. loF;e: I_han ten (10) F av he bid, `Teich c}rcck or crcci,t of tLc << rc�,�.rtc: sum c. t !j,)11,1 ._ .,. t iL shall bo ho] ci by thc C-ity as a that tiu] bidder, if awarded the contract, :v.i.11 in good faith enter into such contract and furr:i:;i; thu bonds. The b];idor agrees ti:at, in case of his refusal or: failure to exrscute .:c,ic] co:ii-ract and give bond!; i-:ithin the time required by these documents, such check or bond, and the money represented thereby, shall remain the pro.perty of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which +.}re City may suffer by reason of such failure, not exceeding the sum of ten (10) percent of the amount of the bed. A bid rCCe_`JCd and not =ccompanied by such cashier's check, certified check or approved bond si:all be rejected. F. 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 and the name of the bidder. 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. Wit:hdrawl 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. Interview of Bidders If deemed necessary, the three lowest bidders will be requested to appear for interview before the Director of Public works or his authorized representative. Ac:•:u.i of Contract or R^ic,ction of P>ids. No bidder r;;r} criih r,nr his bid for a period of forty-five (45) days, after the (late ^.(et for: tho o;)r :ing of Ui.ci s. Tho contract for the work will eith:,r ho or thy• bikl-; r 'je.ciecl within the forty-five (45) days Q from the date ::et for th.r operring of bids. -10- S')n cont i nzV for tho wnr,_ Vill he awn, AW to the low,'st rc::ponsih]_c LiSlor cca ply inq with Lh-se inn! ions and with the "Notice lnvit:i-nd Bids, i:.. City, h0'. c. W, runc1?es Lk right to rejuct any or all bids TL S Wdcr Lir vlmm the nond it; n"ch, :_h -l1 __.._cL c a writ -tcl, Contract with the City and furnish the stip"lat-cd bond_, within ten (1.0) days a1 ter: the notice of award of contract. The Contract Agreement shall be made in the form adopted by thn City. the rolc,ar.e of the successful bid0er's surmy duponi-t, as prMously stipulated, ;hall be made upon the City's acceptance of the Labor and Ma,.crials Uond and the Faithful Performance Bond. If the bidder to whom the award is made fails to enter the contract as herein provided, the a ur-d may be annuli al and an award may be made to Qn next Iowan ret,.onsi` In };idler; ane such bi-ales shall fulfill every stipulation cmhraced herein, as if he were the party to whom the first: award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. Bonds. The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Materials Bond in a sum not less than one hundred percent (1000) of the total amount payable by the terms. of the contract and a Faithful Performance Bond in a sum not less than one hundre3 percent (100"x) of the amount of the contract. Said bonds shall be secured from a surety company satisfactory to the City. 'Surety companies, to be acceptable to the City, must be authorized to do business in the State of California and be on the accredited list of the United States Treasury. Time of Performance. The wort; shall be commenced within date of execution of the contract a period of twelve (12) months. Assignment of Contract. fifteen (151 calendar days from the and shall be diligently prosecuted for No assignment by the Contractor: of any contract to be entered into herounder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority and the suroty has been given notice of such assiq_nment in writing and has con- scutod thcrcLo in writing.. 1%,0;, ALtontion in spoc:i.fically direcLaa to all provisions, of the labor Codo )Of the StaLo of California with royjard to and gages. tdcutr.s tha 11. not be less than prevailing wage rates determined by the CITY pursuant to said Code and as listed in the "NOTICE INVITING BIDS." -11- 9 Turf Grass rr^^'"n,r, *'7nv7STO'lF 0 1. All lawn areas are to be mowed weekly, or as needed to maintain the height specified below and borders neatly edged. Trim around sprinkler heads as. needed to provide maximum water coverage. Trim around any planters. Re- move and dispose of all cuttings. Mow to the following height: Bluegrass 1-3/4" to 2-1/4" 2. Irrigate as necessary to maintain proper growth rate and optimum appearance (see Irrigation). 3. Maintain lawn areas in a weedfree condition. a. A preemergent crabgrass control shall be applied to all bluegrass turf between February 15 and April 15 of each year. b. Chemical control of broadleaf weeds shall be initiated on an as -needed basis to maintain a "weed free" turf condition. This shall be the program for all bluegrass and other mixed areas. 4. Aerate once a year between February 1 and March 31. Aerate all turf by removing 1/2" by 2" cores of sod with an aerator machine at not more than 6" spacing. 5. Turf shall be dethatched once a year between February 1 and March 31. This shall be accomplished by using a "flail type" d'ethatching machine. 6. Fertilization: Bluegrass turf and other mixtures shall be fertilized every three months, as needed, at the rate of one pound of actual nitrogen per 1,000 square feet. A 16-6-8 formula with trace elements is recommended. 7. A broad spectrum fungicide (such as Actidone RZ) shall be applied to all bluegrass turf at the preventive rate beginning April 1 each year. Additional appli- cations shall be made at the curative rate as necessary throughout the year. -23- Slone Circ 1. Ground cover (grass, herbaceous plants) a. Irrigate as required to maintain a reasonable appearance. b. Fertilization: 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. 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. 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 weedfree 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. -24- 8. Annual bedding plant areas shall be programmed for replacement as directed icy the Director of Public l:orl:s or !-,is aUtl'-ri.oc? recr�,sentative. Penlacement plants shall be of a suitable type to provide the maximum amount of color (bloom) durinq the time they are in the bed areas. All of the applicable maintenance programs covered in this section shall apply to these annual bedding plant areas as well. 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 occurs. 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 !.hall 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. 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. -25- 5. Repair or replacement of equipment damaged as a result of COi7TI ,C' of;'b negligence shall Le replaced at the 6. Da^.;�^e not resulti,^.a from CONTP.ACTOR'S nogiirence 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 will be accomplished between 10:00 p.m. and 3:00 a.m.*, subject to change by CITY. General 1. Vegetation shall not overhang a sidewalk at less than 7 feet in height or a roadway at less than 14 feet in height. 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. 5. CONTRACTOR wilr 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. 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. -26- 0 0 8. CONTRACTOR is required as part of this Agreement to furnish all materials necessary to accomplish maintenance ill accu I�If: 1, C:(2 .171 L 41', 1" L:: I: C,:oiR - - '_'C: S 1CC. do ns C'::CCPt fertilizer, which will be available at Corporation Yard, 32400 P:.--oo P.CizlantO, : an Ju:. . Car str,no. 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 phone service during normal working hours. If a telephone answering service is utilized, the answering service shall be capable of contacting CONTRACTOR by radio or pager. CONTRACTOR is further required to provide CITY with an emergency number for contact outside the normal working hours. 10. Whenever herbicides are used, CONTRACTOR shall apply when air currents are still, to prevent herbicide drift onto adjoining property, and to prevent any toxic exposure to persons whether or not they are in or on the grounds. 11. CONTRACTOR is also required to provide uniforms and name badges for all :.ield personnel. 12. Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. 13. Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. 14. Compile and maintain "as builts" of all irrigation systems to include location and serial numbers of major components. Turn over to CITY on termination of agreement. 15. Rake and remove debris, trash and other materials a minimum of twice a week. 16. Remove from park any and all animal feces or materials detrimental to human health daily. -27- Ext --i Work 1. Extra work will by CITY unless there is danger property. riot be performed without prior approval condition exists wherein it appears of injury to.persons or damage to 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 20 percent of materials. 5. The Director of Public Works, or his authorized representative, is authorized to approve extra work up to 25 percent of the annual cost of the Agreement. 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. Extra Work 1. Extra work will not be performed without prior approval by CITY unless a condition exists wh:;rein 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 20 percent of materials. 5. The Director of Public Works, or his authorized representative, is authorized to approve extra work up to 25 percent of the annual cost of the Agreement. Specialty Area - Equestrian Trail 1. All equestrian trails shall be maintained in a neat, weed -free condition. 2. Debris, trash, and animal feces shall be removed once a week. 3. Trail fencing shall be kept in good repair. Any fencing damaged as a result of Contractor's negligence shall be replaced at the Contractor's expense. Damage not result- ing from Contractor's negligence will be reported promptly to the City, together with an estimate of costs for correction of the condition. Replacement material will be subject to approval by the City. 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. *** *** *** *** *** *** *** -29- . CERTIFICATE OF INSURANCE, is I':'u.�. This is to certify that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois [] STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois has in force for TRANSCONTINEN FACTORS INCORPORATED _ Name of Policyholder PUST DEEICF BOX 4119 Address of Policyholder RAN C EMENTE_ CALIFORNIA 92672 location of operations TRACT 7654 — CITY OF SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CALIFORNIA 92675 the following coverages for the periods and limits indicated below. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY (eff./exp.) )-045739-0 Comprehensive 3-1-80 to 3-1—B1 Dual Limits for: BODILY INJURY General Liability Each Occurrence $ Manufacturers and $ Contractors' Liability Aggregate PROPERTY DAMAGE ❑Owners', Landlords' and Tenants' Liability Each Occurrence $ The above insurance includes ❑ PRODUCTS - COMPLETED OPERATIONS applicable if indicated by ®I Aggregate* $ OWNERS' OR CONTRACTORS' PROTECTIVE LIABILITY Combined Single Limit for: BODILY INJURY AND PROPERTY DAMAGE. ❑ CONTRACTUAL LIABILITY Each Occurrence $1000_nn0 Aggregate $ 1..e nnn nnn POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD lett./exp.) CONTRACTUAL LIABILITY LIMITS (If different than above) BODILY INJURY t ❑ LiabilWaterycra it Each Occurrence $ 3579 555 C01 55C U Autommoobileol —1-80 t0 3-1-81 PROPERTY DAMAGE Each Occurrence $ 4010.248 806 55A A UtOlflOblle a 76 Kar Van —1-80 to 3-1-81 Aggregate $ Workmen's Compensation Coverage STATUTORY A ❑Coverage Employer's Liability Coverages $ - Coverage 8 •Aggregate not applicable if Ownera', Landlords' and Tenants Liability Insurance excludes structural alterations, new construction or demolition. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN. STATE FARM I JOE ANDERSON, Agent 540 North EI Camino Real San Clemente, California 92672 INSURANCE Phone: 714 492-5900 NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED I City of Sari Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 02675 i•gge.a .._... 0 CERTIFICATE OF INSURANCE 0 This is to certify that tg STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois has in force for TRANSCONPINANETAL FACTORS INCORPORATED R ECE (Y[: 0 Name of Policyholder POST OFFICE BOX 4119 HAR 17 37 AN too Address of Policyholder f"IT';" (—,,- ;,AN i fa location of operations DESCANSO PARK AND TRACTS — CITY OF SAN JUAN CAPISTRAIKOI SAN JUAN CAPISTRANO CALIFORNIA 92675 the following coverages for the periods and limits indicated below. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD (eff.lexp.) 90-045739-0 Comprehensive 3-1-80 To General Liability 3-1-81 ❑Manufacturers' and Contractors' Liability ❑Owners', Landlords' and Tenants' Liability The above insurance includes (applicable if indicated by © 1 ❑ PRODUCTS - COMPLETED OPERATIONS POLICY NUMBER 3579 555 C01 55C 4010 248 B06 55A ❑ OWNERS' OR CONTRACTORS' PROTECTIVE LIABILITY TYPE OF INSURANCE POLICY PERIOD t 9-1-91 8-6-80 LIMITS OF LIABILITY Dual Limits for: watercran Each Occurrence Liability Aggregate Automobile 3579-78 Dodge Mt 1111 — 160 4010-76 Kary V Aggregate- Workmen's Compensation ❑Coverage A Employer's Liability Each Occurrence - Coverage B POLICY PERIOD t 9-1-91 8-6-80 LIMITS OF LIABILITY Dual Limits for: BODILY INJURY Each Occurrence $ Aggregate $ PROPERTY DAMAGE Each Occurrence $ Aggregate- $ 36I Combined Single Limit for: BODILY INJURY AND PROPERTY DAMAGE Each Occurrence $ 1.000,000 Aggregate $ 1,000,000 CONTRACTUAL LIABILITY LIMITS (If different than above) BODILY INJURY Each Occurrence $ PROPERTY DAMAGE Each Occurrence $ Aggregate $ Coverage A STATUTORY Coverage B $ *Aggregate not applicable if Owners', Landlords' and Tenants' Liability Insurance excludes structural alterations, new construction or demolition. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN. NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED FCity of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 I F6-994.4 °"'ll'° STATE FARM JOE ANDERSON, Agent 540 North EI Camino Real INSURANCE San Clemente, California 92672 t Y2400 PASEO ADELANTO' I 1.3 SAN D AN'&PiSTRAmo. CALIP64 'zNONE 493-117/ March 4, 1980 Toyo Landscaping 225 South Newhope Santa Ana, California 92704 Gentlemen: 0 92675 Re: Maintenance of Landscaping in Tracts 7673, 8485, 9382, 9284 and 9373 At their meeting of January 23, 1980, the City Council awarded the contract for the maintenance of landscaping in Tract 7673, 8485, 9382, 9284 and 9373 to Transcontinental Factors, Inc. Enclosed please find ^our Cashier's Check in the amount of $6,200.00 from California First Bank, submitted as the bid bond for the above-mentioned project. Thank you for submitting your bid to the City. MAH/cdc Enclosure cc: Director of Public Works Benny Davis, Public Works Very truly yours, J 7i%Zl� � �✓�� a.r�=� (MRS) MARY ANN HANOVER, CMC City Clerk t CASHIER'S CHECO • 203343 f Fifth &plain iOIFI[C OF 155b1 I6-303) REMITTERToyo Landscaping DATE January 8,1980 1::0 PAV TO THE ORDER OF ___* °c * *City of San Juan Cali strano -r x ., x :r * * $6,200.0.0*-,'. CALIFORNIA "', 6LOS 16 ANGELES STREET OFFICE FIRST BANK LOS ANGELES, CALIFORNIA 90017 4AUIT.C.A111111 t [in 20334al• 1:1220303721: 13E,1999 07911' j 0 :T a 1 1 a 32400 PASF_O AOLLANTO SAN JUAN CANSTRANO, CALIFORNIA 92675 PHONr 493.1171 January 28, 1980 Transcontinental Factors, Inc. P. O. Box 4119 San Clemente, California 92672 Re: Contracts for Landscape Maintenance - Tracts, Local Parks and Related Landscape Maintenance Gentlemen: At their meeting of January 23, 1980, the City Council took action to award your company the contracts for landscape maintenance in five tracts in San Juan Capistrano and for maintenance of Descanso, C. Russell Cook and Mission Bell Parks and specified parkways at $40,000 and $21,900, respectively. Enclosed are two copies of each contract. Please sign all copies and return the "City Copy" of each to this office; the remaining copies are for your files. Please note the bond and insurance requirements listed in Section 8 of each contract which must be met before the contracts are effective. Insurance and bonds should be submitted separately for each project. If you have any questions, please do not hesitate to call. Thank you for your cooperation. Very truly yours, (MRS) MARYANN HANOVER City Clerk MAI I/ c j Enclosures CC: Director of Public Works i 5.00 MAIKIT- OF Lt -7o-73 8yS5 Mal Q 37-3 kk of - LA --,P& Cant kKcnr�S ¢pC Di Com PHONE � 7.� ) _ R% 3.--x.731- tatt3. -17gS 7-! oCk_(Z �L— - -- . __. yozBFl l�'nl CA 92t,�(o a_ , , NA---� �i"2e�rs--- ,•�_— - - go si- !/�-_L�2.e.�" ._C��-r- -- - �'�9 3- 3-� zZ-- __ �-- /�,,rdc'� Y1. t i2? ✓�2':�L_ --- .�f.�N�� .._._ /Nr G MA -Z LON1 C� 2. `]_.� _ _ lei- c� `. doss _D�,,r�•�u� __ ____ -- (`b 7t WScs�- C�nKScs _. - T1'� 3 - 7r (i_3�_.3 0-15o0_ 9 0 Gra GRAYLAND DEVELOPMENT INCORPORATED DATE: December 26, 1,701 TO: City of San .Juan CapistrLho 32400 Paseo Adei2x_to, Sal-, Juan Capi,tranc, CA PHONE NO. 714 4 7-1171 ATT: RE: _'�Iintenance_of landscaping fo-cvarious San JuEi_ Capistrano traCILS PLEASE FORWARD PLANS AND SPECIFICATIONS FOR THE ABOVE PROJECT(S) AS SOON AS POSSIBLE. % ENCLOSED IS A CHECK FOR $ %•00 AS A PLAN, SPECIFICATION AND/OR MAILING FEE. —FORWARD PLANS AS INDICATED, AT NO CHARGE. CORDIALLY, GRAYLAND DEVELOPMENT 15955 KAPLAN INDUSTRY, CA. 91744 TELEPHONES:(213)336-6063/968-0715 ck# 5055 green sht, date bids jer" S at _ : A.M./P.M. Refundable 4'Non-refundable Allowance $ 5C.000.00 Public notice is hereby given that the City Council of the City San Juan Capistrano will up to 11:00 -A.M. on the 9th day January 19 80, receive sealed proposals or bids for Maintenance of Landscaping In Tracts 7673, 8485, 9382, 9284 and 9373. n accordance with the approved specifications on file in the office of the City Clerk of the City of San Juan Capistrano, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. Bids will be received until the time hereinbefore indicated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accom-_ panied by a certified check, cash, cashier's check or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 25 days after the written notice that said contract has been awarded to hi for the work. A pre-bid conference is scheduled at 10:00 A.M. on the 4th day of aniary 19 80, at the. City offices. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information 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 in- structions, explanations, or interpretation of the specifications and contract documents presented to the bidders in any manner. BIDDERS ARE HEREBY NOTIFIED 7EAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of the specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Cap- istrano, California. Copies of the specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $5.00, non-refundable, is required for obtaining each set of specifications. Each bidder shall state the California Contractor's License Number .of such bidder so bidding, as no bid will be accepted from a Con- tractor who has not been licensed in accordance with the provisions of the -laws of the State of California relating to the licensing of Contractors. This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 3rd day of December 19 79 . MARYHANOVER,"CITY CLERK AN CITY SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA The successful bidder, simultaneously with the execution of the contract, will be required to furnish a faithful performance bond equal in amount to one hundred percent (1000) of the contract price and a labor and materials bond equal in amount to one hundred per- cent (100°) of the contract price. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. -2