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1980-0211_TRANSCONTINENTAL FACTORS_Addendum to Agreement • ADDENDUM TO AGREEMENT LOCAL PARKS AND RELATED LANDSCAPE MAINTENANCE 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 following changes have been authorized by the Director of Public Works : 1. The area known as Mission Bell Park shall be tempor- arily deleted from the contract and the monthly payment adjusted to reflect the deletion. The Contractor shall be given 30 days notice before the area is reinstated. 2. The Contractor is authorized to reduce the required bond to reflect the deletions but must post the required amount at such time that the area is reinstated in the contract. 3. The total monthly payment to the Contractor shall be $1, 419. 00 which reflects a $406. 00 monthly reduction. IN WITNESS WHEREOF, the parties hereto have entered into this Addenda to the Agreement. CITY OF SAN JUAN CAPISTRANO Dated: February 11, 1980 By �, /� W. D. Murphy, i e for oPublic Works II Dated: �� 9� TRANSCONTINEN"TAL FACTORS By By . • CITY COPY AGREEMYNT LOCAL PARKS AND RELATED LANDSCAPE MAINTENANCE 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" andRANR ONTTN .NTAT. ACTnRS hereinafter referred to as "CONTRACTOR" for local park and related landscape maintenance of parkways . 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 March I 1980 , and shall remain and con- tinue 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 Descanso Park, C. Russell Cook and Mission Bell Parks and various parkways. CONTRACTOR may be required to per- form extra work as deemed necessary by the Director of Public Works . SECTION 3 . MEASUREMENT AND PAYMENT: CONTRACTOR agrees to provide all necessary labor, machinery, tools, equipment and all other utility and transportation services required to per- form the landscape maintenance in the manner specified herein for the following annual consideration: Descanso, C . Russell Cook and Mission Bell Parks and Specified Parkways TOTAL ANNUAL COST $ 21, 900. 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 identi.; ied as addendums to this agreement. The affected areas will be classified, measured, and priced in accordance with the unit costs specified above . -12- SECTION 4 . • GENERAL PROVISIONS : Goral 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 o.in e:tipcuec all labor and equip- ment necessary for the satisfactory performance of the work set forth in this contract. Eight hours constitutes a legal day' s work. The time worked by each workman employed in the execution of the agreement by CONTRACTOR or any subcontractor under him is limited and restricted to eight hours in any one calendar day and .40 hours in any one. calendar week. Work per- formed in excess of ttfght hours per day shall be permitted upon compen- sation at not less than oneand one half times the basic rate of pay as provided in Section 1815, California Labor Code. THE CONTRACTOR and all subcontractors shall keep accurate records showing the name and hours worked each calendar day and calendar week by each workman in accordance with Section 1812, California Labor Code. In the performance of the terms of the Agreement, CONTRACTOR . agrees that he will not engage in nor permit such subcontractors as he may employ from engaging in discrimination in employment of persons because of race, color, national origin, ancestry, or religion. Pursuant to Section 1771 of the Labor Code, CONTRACTOR is required to pay the general prevailing rate of per diem wages for each laborer or workman performing any work under this contract. SECTION G. CONTROL OF WORK: The Director of Public Works, or his authorized representatives, shall decide all questions which may arise as to the manner of performance and rate of progress of the work.; all questions as to the acceptable fulfillment of the Contract on the part of the CONTRACTOR; all questions as -to the interpretation of the specifications ; and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions. When condition of a maintainedarea is determined by Director to be substandard due to inadequate or improper maintenance, monthly payment may be withheld until such condition is resolved to the Satisfaction of the Director. 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 ;:hall deposit c;ith the CITY a surety bond to secure the faithful performance of this contract and a separate bond to secure payment of persons performing labor and furnishing materials in connection with this contract, each bond shall be in the amount. of not less than One Hundrecl Percent (1.000 of the annual amount of this contract . -13- The contractor shall perform his work in accordance' with the Standard Specifica+..ions for Public Eorks Construction, 1976 Edition, nereinafter referred to as the Standard Specifications . The con- tractor shall maintain a copy of this book on the job site at all times. The provisions of the Standard Specifications shall be nodified 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 of the contract price. The "Faithful Performance Bond" shall be held as assurance } of guaranteed performance for a period of one year after acceptance of the improvements by the City Council. 1 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 cf not less than $500, 000, for any one person, and $500, 000, for any one accident, and property damage of $500, 000 . The insurance amounts set forth herein are the minimum amounts required by the City. Other agencies with which the contractor may be involved in the accomplishment of the work may require greater amounts . The City will not recognize any claim for additional compensation because of the requirement for greater amounts of insurance, as an clement to be considered by the con- � ' tractor in determining his bid. -14- ` i i 'SECTION 9 - Deleted SECTION 10 - Deleted SECTION 11. SAFETY: CONTRACTOR agrees' to perform all work outlined in this contract in such manner as to meet all accepted Stan- dards for safe practices during operations and to maintain safe conditions of premises and ways at all times, including safely stored equipment, machines, materials or debris, protected excava _ions , or other hazards ` consequential or related to his work; and agrees additionally to accept the sole responsibility for complying with all applicable local, County, State or other legal requirements including but not limited to full compliance with the intents and terms of the applicable OSHA and Cal/ OSHA safety orders at all times,' so as to protect all persons , including CONTRACTOR employees, agents of CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. Crimes, thefts, vandalisms, hazards, etc. shall be initially reported by phone followed by conf-rmation 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 may be the owner of the property. In addition to the liability imposed upon the CONTRACTOR on account of personal injury (including death) or property damage suffered through the CONTRACTOR' S negligence, which liability ' is not impaired or other- wise affected hereunder, the CONTRACTOR assumes the obligation to save the CITY harmless and to indemnifythe CITY from every expense, liability or payment arising out of or through injury (including death) to any person or persons or damage to property (regardless of who may be the owner of the property) of any place in which work is located, arising out of or suffered through any act or omission of the CONTRACTOR or any subcontractor or anyone directly or indirectly employed by or under the supervision of any of them in the prosecution of the operations included in this contract. -15- SECTION 13 . CONTRACT 1,X'PTiNST0N: In the event CONTJZACTOR `has fully complicd wit -111 teringan:t cull"' itions f this contract , as determined in the solee scretion of CITY ' S Dir0or of Public Works , CONTrZACTOR 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 at least 30 calendar days prior to the date on which the contract or an extension thereof would otherwise have terminated, and the Director upon his determination that CONTRACTOR -has complied with all terms and conditions of this contract may either grant the extension or submit the request to the City Council for approval or denial in the City Council ' s sole discretion. In no event Shall the total term of this contract, including all extensions, exceed 36 months. SECTION 19 . CONTRACT TERMINATION: Any other provisions .herein to the contrary notwithstanding, and in addition to other methods of termination provided for herein or available under the laws of the State of California, it is agreed that this Agreement shall terminate Sixty (60) days after written notice of intent to terminate which may be .given by either party to the other party of the Agreement. SECTION 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 Sbn. 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. CITY OF SAN JUAN CAPISTRANO Dated January 23, 1980• - KENNETH E. FR ESS , MAYOR -1G- . • COIITIUICTOR Datad L �C / 4ti TRANSCONTINENTAL FACTORS Name By By ATTEST: Mary nbver, ity Clerk i APPROVED .AS TO FORM: PC 5kYAttorney STATE OF C:.LIFORNIA ) .COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 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 Park and Parkway Maintenance, Descanso Park and Specified Parkways , executed by the Mayor of the City Council of the City of San Juan Capistrano, California. Mary Anx i over, City Clerk • -17- fi � . CONTRACT BOND Bond No.L05-047533 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 Twenty One Thousand Nine Hundred Dol 1 ars---------------* Dollars ($ 21 .900.00 for the payment whereof said Principal and Surety bind themselves firmly by these presents. i WHEREAS, the Principal has, by written Agreement, dated 19 , entered + into a Contract with the Owner for n Ground Maintenance of Descanso Park Parkways i� a copy of which is by reference made a part hereof; i NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall faithfully �y 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 19 80 Transcontinental Factors, Inc Principal By: Jo grinner, Treasurer BALBO INSURANCECOMPANY / , By: U SA(AN M 1L Cathy M latsell Attorney-in-fact B55E674 BALBOA INSURANCE COMPANY ' 620 NEWPORT CENTER DRIVE, NEWPORT BEACH,CALIFORNIA 92660 GPA 669 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 CONTRACT BONDS S.B.A. Guarantee Agreement - $200,000.00 - LICENSE & PERMIT BONDS - 50,000.00; MISCELLANEOUS - 50,000.00; CONTRACT BONDS - $50,000.00; COURT BONDS - $50,000.00; FIDUCIARY BONDS $50,000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE 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(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 oP\ 09� 0 BALBOA P Incorporated BY State of California j Feb.6, 1948 )} ss.: County of Orange On this 19th aM1FS \P ovember 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 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 Compamr and that he signed his name thereto by like order. OFFICIAL SEAL KIMBERLY A. FORREST NOTARY PUBLIC CALIFORNIA /votary Public PRINCIPAL OFFICE IN i_ ORANGE COUNTY 11, 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�/pp�nJder b�ypha�d/and the seal of said pany, at Newport Beach, California, this Jo ` day of THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO.2.01— 047s Secretary 829ES72 i,1f��.f,1r BALBOA INSURANCE COMPANY RECEIVED kR I 03 x '80 LABOR AND MATERIAL PAYMENT BOND �'; 'r fir Approved by The American Institute of Architects S Q.. A. 1.A.Document No.A-311 (Sept. 1963 Edition) u A P j _ KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER L05-047533 That .. .... Transcontinental Factors, Inc. as Principal, hereinafter called Principal, and BALBOA INSURANCE COMPANY a corporation organized and existing under the laws hr 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 Twenty. One Thousand, N.ine Hundred Dollars and no/100ths* Dollars($21 ,900.00 ) 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 k in accordance with drawings and specifications prepared by .. . . . ... .. .. (Here insert full name,title and address) r ..... . ...... .. .... . . .............. ... .. . . ...... .... . .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 it 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: (1) A claimant is defined as one having a direct contract with the Principal or with a sub-contractor 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, wuhin ninety !96) days alter 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 suostantia! 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 q such service need not be made by a public officer. 7f = (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. (AY 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.. .. ..... . .1 S.t .. ... . . . day of April.. ... .. ... . . A.D., IS 80. In the presence of: Ira tl n t 1..Factors, Inc.,...... . ... . ..... .... ..... .......... .......... By..: _..� iQ'u??!J' U..... ... .. . .. lSt:afl J arinner , Treasurer Principal LBOA I/NSURR4NCE, /C�MPANY By -,6tw” /!.�.L .... I/......_. (Seal) Cathy M atsell, Atty in fact This bond is issued simultaneously with performance bond In favor of the Owner conditioned o e full and faiMfifl performance of the Contract. . } B51E674 5 -ie-ti--'-.;a•-.v-ye-�1e-u3•-� ��1RC m[ms lI7[meJlnt7s7emst m,mrt mrtmrtltltt memo mrt mrtmn 1Prt)sTtmt 1rrt mrtme me,Rs me tors lrn ort Ire me ys STATE OF Cat;f County of :.�o San ss. I On this f-S-1 day of �t y 79 before me a Notary Public in and for the said County of San ni ego State of ('at$Pn i ._, residing therein, duly commissioned and sworn,personally appeared Cat M n-t t t known to me to be the Attorney-in-Fact of the Balboa Insur��flfl@e n , the corporation that executed the within instrument, and acknowledged to me that he subscnlled Lke 4e, Fl , ompany thereto and his own name as Attorney-in-Fact. A t '3a F ja" NVThf'Y Pi19LIC CA is L; e —lad i FLRwIA Notar Public in and for the County of \_.w• c C01, IN ddd Notary �,.,., (,•ommi;slpn SAN i,.,, COUNTY 1L002ZR776 xPires Jan. 2. 1984 Sari Diego .—, State of California 0 BALBOA INSURANCE COMPANY 620 NEWPORT CENTER DRIVE.NEWPORT REACH,CALIFORNIA 92660 821 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 DieQO 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 CONTRACT BONDS S.B.A. Guarantee Agreement - 200,000.00 - LICENSE & PERMIT BONDS - 50,000.00; MISCELLANEOUS - 50,000.00; CONTRACT BONDS - $50,000.00; COURT BONDS - $50,000.00; FIDUCIARY BONDS $50,000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE 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(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 seat to be hereto affixed this 19th day of November OOPv s - 09� 0 BALBOA P incorporated By — f _ State of California 11Feb.6, 1948 ss.: # County of Orange On this 19th aDtIFO \a ovember 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 Vie10, 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. ^t OFFICIAL SEAL - 2> KIMBERLY A. FORREST NOTARY PUBLIC CALIFORNIA Notary 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 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." 1 GIVEN t r han and the seal of mid {pany, at Newport Beach, California, this / s day of THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO. W S - / ( 1 Secretary B2f Ef 22 V BID PROPOSAL For the ADV. DATES : MAINTENANCE OF DESCANSO, C. RUSSELL COOK AND MISSION BELL PARKS AND SPECIFIED PARKWAYS BID DATE: Jan. 9 , 1930 To the Honorable City Council City of Sari Juan Capistrano From Trnnsnnnt.inantnl Fartnrg Inc Contractor Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location (s) of the proposed work as described, examined the specifications and general conditions therefor, read the instructions to bidders, and is familiar with all pro- posal requirements , and hereby proposes and agrees, if the proposal is accepted to provide all necessary labor, machinery, tools , equipment and all other utility and transportation services required to perform the landscape maintenance in ac- cordance with the specifications for the maintenance of Descanso, C. Russell Cook and Mission Bell Parks and Specified Parkways, in the time stated herein, for the lump sum given on the fol- lowing pages of this proposal . In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compare on the basis of corrected totals . It is also understood by Bidder that the City of San Juan Capis- trano has the right to reject this proposal or to award a con- tract to the undersigned at the prices stipulated. If the pro- posal is rejected, then the enclosed check or bid bond shall be returned to the undersigned within thirty (30) days . If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is de.livered to film f:; 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 Lo comply with the terms of this proposal . Accompanying this proposal is bidder's bond (insert "$ cash" , "cashier ' s check", "certified check" , or "bidder ' s bond" , as the case may be) in an amount equal to at least ten percent (109,) of the total bid. -3- 130 , M 6 I n>T: OP -PEsc4►vS0 "moi ARK, A PO.R-n oN OF c . (ZussEc L Coo K Pa-2K M c5S I a NBftL 2&t2 K. Sfc-c� Y PA-RKw� - B .IDDER AM OU NT 2- 2 �� " 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 Licensed in accordance with an act providing for the registra- tion of contractors--License No. 349663 Signature of bidder TRANSCONTINENTA'LL FACTORS INC. ZZ�_ oWarinner, Secretary//Treasurer f.(Ian individual, so state. firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: president, secretary, treasurer and manager thereof. ) Dated: Janu,.ry 9 An P. 0. Box 4119, San Clemente, CA 92672 Business Address (714) 492-2943 Telephone Number Transcontinental Factors Inc, is 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 Sardis, Director -4- PARKSITES : 5. 3 ACRES TOTAL Mission Bell Park; 2 . 8 acres - Westside of Alipaz St. , North of Calle Jardin; 30 trees and grass; automatic sprinkler system Descanso Park ; 1. 0 acres - At the confluence of Trabuco and San Juan Creeks ; Under landscape care - auto- matic irrigation controls (City will maintain restrooms) C. Russell Cook Park; Calle Arroyo and Del Campo; 1. 5 acres of grass, row of 20 mature Eucalyptus trees , one Jacaranda, Manual controlled Rainbirds PARKWAY AREAS 1. Del Obispo Street, easterly side from southerly city limits to Blue Fin Drive; Blue Fin Drive on southerly side to Via La Pluma; 22 Jacaranda trees and ground cover; manually controlled irrigation 2. Camino Del Avion, each side, easterly from Del Obispo; 10 Sycamores, 13 Acacias, five Peppers; Water truck for trees , weed control. Also, Del Obispo on school side, 23 Sycamores and eight Pear trees; Water truck for trees, weed control 3. Calle Aspero, each side from Del Obispo to Calle Ricardo; 22 Jacarandas and 22 Peppers; water truck for trees; weed control 4. Eastside of Aguacate Road at Estelita to northerly end of street; 12 Evergreen Pear trees, Bougainvillea, three Olives, 17 Bottle' Brush, 42 Sycamores, and ground cover; manually controlled irrigation system; also water truck required 5. a) Del Obispo Street at Terraza - 12 Evergreen Pears, 26 Sycamores and ground cover; manually controlled irrigation system. Del Obispo, north side from Terraza easterly to Belardes - four Evergreen Pear trees, 13 Sycamores (water truck required) weed control b) Del Obispo Street, north side from Trabuco Creek bridge to Camino Capistrano - 30 Sycamores (water truck required) weed control c) Del Obispo Street traffic island between Camino Capistrano and railroad - 14 Sycamores and ground cover (manually controlled irrigation system) 6 . Camino Capistrano, freeway side from San Juan Creek Road southerly t 1, 500 ' - 57 Liquid Ambers (water truck required) weed control San Juan Creek Road between Camino Capistrano and freeway overcrossing - 14 Sycamores (water truck required) weed control -5- Woe3 control o . at urtcga Higiiway - 20 Sycamores Ortega Ilighv.av at Cristal - 43 trees and around cover (manually cc:.Lruii� ifriyacion SySZem) 9 . Calle Arroyo from Via Cristal to easterly end of street - 154 Sycamores and ground cover (manually controlled irrigation s ,3t _.i) Minimum water truck capacity of 500 gallons is required. TOTAL ANNUAL COSTS : $ 01l i 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 e) Yio2 -02 9 3 Telephone nu er -6- NON-COLtION AFFIDAVIT TO BE EXE BY BIDDER AND SUBMITTED WITH BE STATE OF CALIFORNIA ) ss County of Orange ) Jo Warinner being first duly sworn deposes and says thatshe is Secretary/Treasurer of Transcontinental Factors 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 tLa 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, organi- zation, biC depository, or to any member or agent thereof, )r to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. Transcontinental Factors Inc, By -- Subs_c,�r,yibed and sworn to before me this Gni day of i.otary Public in and for said C my and te OFFICIAL SEAL ANITA DANORAS • NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires Feb. 14, 1951 BALBOA INSURANCE COMPANY io5-014197-1 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 Caui_tran _ (hereinafter called the obligee) loo of amount bid not to exceed: in the full and just sum of `Three Thousand and no 100ths __ Dollars, ($ 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 _____Descanso Park 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 8th day of —__. January _ I9a(1_ I Fa .nr Inc.RINCIPAL L�KOY92!/} BALBOA INSURANCE COMPANY ® ) BY / 71d6�.�G(�-C / _ ATTORNEY-IN-FACT Cathy M. Bfitsell ` 1L001E674 s7A'I'EOF California / ss: County of [/gP11 P4 / (�f� Un this `��i --do!,u( —� --- ... --191?a before me W.J. Shupper a Notary Public in and fur lite suid County of Los Angeles _Stule u( California residing therein, duly cuntmissiuned and s+uurr+, personally appcamd Cathy M. Batse 11 --known to ate to be the Alturney-in-Pact of the Balboa L+auruuce Company, the corporation that executed the within instrument, and acknowledged to me ilial he subscribed the name of the Balboa Iuwurunce Cumpany theretu um a uuw r ume us Auurn+�y ut Fort OFi! IAL SEAL V,; ' IUPPLR Nu[uryP licinuadfur bet, uiityuf 1PNIA Los An es California — St a u(--- - -—- - - 1lUU2ZR776 My C,aa: I� - y � A� BALBOA INSURANCE COMPANY 620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 9� 1 GPA 38 1 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 DjeQO 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 CONTRACT BONDS S.B.A. Guarantee Agreement - 200,000.00 - LICENSE & PERMIT BONDS - 50,000.00; MISCELLANEOUS - 50,000.00; CONTRACT BONDS - 0,000.00; COURT BONDS - $50,000.00; FIDUCIARY BONDS $50,000.00 _ "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE 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(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 oP\ F c97 v mP�� 92 BALBOA P f Incorporated By State of California j Feb.6,1948 County of Orange On this 19th IF6 - \P ovember A.D., 19 79 before me personally came —4Li 11 i am Pal Butt 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 Company; and that he signed hiss name�thereto by like order. OFFICIALS AL ORREST �// . C7` KIMBERLY A. FRREST otary Public NOTARY PRINCIPAL OFFICE I CALIFORNIARNIA PRINCIPAL OFFICE IN � ."L`, 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 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 uder by hand and the seal of said gtp�ny, at Newport Beach, California, this �� day of M x)(, 19 . THIS POWER OF ATTORNEY EFFECTIVE ONLY Secretary IF ATTACHED TO BOND NO't5- 0/01�` B29E972 PROOF OF PUBLIOON This space 0 the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIA, RECEIVED County of Orange on 19 to '1! City of San Clemente k C r { '{ OF 'LN JUAN —A P 15"r�Ndr Proof of Publication of NOTICE INVITING BIDS ........................................................................................ I am a citizen of the United States and a resident ............... of the County aforesaid; I am over the age of MA OF eighteen years, and not a party to or interested A 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 Y' DAILY ! published ......... .-............ _............... ....... `kr . in the City of San Clemente County of Orange, and which newspaFer has been IE` adjudged a newspaper of general circulation by A N?' the Superior Court of the County of Orange, State of California under the date of March 11, I°60, CkyM e4►. Case Number A9140; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has Psad been published in each regular and entire issue of aw said newspaper and not in any supplement thereof rl„ rs11�R,k�1i ,,.. . on the following dates, to-wit: .......................•........ CRY CTait December- 14_and. .................................... all in the year 19.....79 I certify (or declare) under penalty of perjury P that the foregoing is true and correct. Dated at San Clemente, California, this 215tday of ...December•.....-._...-•. 19.......7.9 ....... ... . .�.4 .................. Signature SAN CLE:11EN-17E PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 San Clemente, Calif. 92672 - Phone 714492-5121 NO'T'ICE OF TRA�1SMITTi,L - LEGAL PUBLICATIONS TO: DAILY SUN-POST Helen Nielsen, Legal FOR PUBLICATION ON: FRIDAY, DECEMBER 14 , 1979 and FRIDAY, DECEMBER 21 , 1979 DOCUMENT(S) TO 13E PUBLISHED: NOTICE INVITING BIDS - MAINTENANCE OF DESCANSO PARK, A PORTION OF C. RUSSELL COOK PARK, MISSION BELL PARK, AND SPECIFIED PARKWAYS PROOF OF PUBLICATION: Please send to: Office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY:— DATE: Y:DATE: December 3 , 1979 Date sent to paper Date proofed Date published Date affidavit received _ Cost � � NOTICE INVITING BIDS MAINTENANCE OF DESCANSO PARK, A PORTION OF C. RUSSELL COOK PARK, MISSION BELL PARK AND SPECIFIED PARKWAYS Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the maintenance of Descanso, Cook, and Mission Bell Parks and specified parkways 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 CIT CL I CITY O SAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capis- trano will up to 11 a.m, on the 9th day of January, 1980 , receive sealed proposals or bids for the Maintenance of Descanso, C. Russell Cook and Mission Bell Parks and Specified Parkways, 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 ac- companied by a certified check, cash, cashier ' s check or bidder' s bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier ' s check or bidder' s bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled for 10 a.m. on the 4th day of January, 1 1980 , at the City Offices . The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the contract documents or specifications . It is the contractor ' s responsibility to be in attendance at this conference to receive any information dis- closed during the proceedings , for the City shall not dissemi- nate any records of the conference. Exclusive of written, adden- dums and this pre-bid conference, the City shall not be respons- ible for any instructions, explanations, or interpretation of the specifications and contract documents presented to the bid- ders in any manner. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages , as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. -1- Copies of the specifications are on file iri the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the specifications for use in preparing bids may be obtained at the office of the City Clerk, San Juan Capistrano, at the address shown above. One set of specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $5 , 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 Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 3rd day of December 1979 CITY CLERK CITY OF�'SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA The successful bidder, simultaneously with the execution of the contract, will be required to furnish a faithful performance bond equal in amount to one hundred percent (100%) of the annual contract price and a labor and materials bond equal in amount to one hundred percent (100%) of the annual contract price. The City Council reserves the right 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- tidy�� CITY OF SAD? JUAN CAPISTRANO i • ORANGE COUNTY STATE OF CALIFORNIA la ' rr� SPECIFICATIONS AND CONTRACT DOCUMENTS FOR MAINTISNANCE OF DESCANSO PARK, A PORTION OF C. RUSSELL COOK PARK, MISSION BELL PARK, AND SPECIFIED PARKWAYS a ? - 1 CITY COUNCIL KENNETH E. FRIESS, MAYOR JAMES THORPE PHILLIP R. SCHWART7,E • LARRY BUCHHEIM GARY L. HAUSDORFER W. D. MURPHY DIRECTOR OF PUBLIC WORKS November, 1979 T A B L E O F C O N T E N T S CONTRACT DOCUMENTS NOTICE INVITING BIDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. BID PROPOSAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 NON-COLLUSION AFFIDAVIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 INSTRUCTION TO BIDDERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 BIDBOND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 FAITHFUL. PERFORMANCE BOND. . . . . . . . . . . . . . . . . . . . . . . . . . 20 LABOR AND MATERIAL BOND. . . . . . . . . . . . . . . . . . . . . . . . . 22 GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 _bI;TroCTION TO BIDDERS Securing Documents. Specification documents will be available for examination without charge and conics may be secured in accordance with the "Notice Inviting Bids . " Examination of Specifications and Site of Work. The bidder is required to 'examine the site of work., the proposal , and the specifications very carefully. Ile shall satisfy. himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents . -Disqualification of Bidders. No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted .a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals . Bids to receive consideration shall be in accordance with the following instructions : A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out, and the signatures of all persons signing shall be in longhand. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may -be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. • C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except . as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Bach bidder must accompany his bid with either a cashier ' s check upon some responsible bank , or a properly certified check upon such bank , or an approved corporate surety bond payable to the City for .such a sum of not less than ten (10) percent of the Sgregate sum of .the bid, ich check or bond and the moiics represented thereby V al'1 be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. The bidder agrees that, in case of his refusal or failure to .execute said contract and give bonds within the time required by these documents, such check or bond, and the money represented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure,. not exceeding the sum of, ten (10) percent of the amount of the bid. Abid received and not accompanied by such cashier ' s check, certified check or approved bond shall be rejected. 1<. 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. " Bid's 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. Withdrawl of Bids. Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids . Opening of Bid Proposals. The City will, in open session, publicly open, examine, and declare the bids at the time set forth in the "Notice Inviting Bids . " Bidders or their authorized representatives are invited to be present. 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. Award of Contract or. Rejection of Bids: No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bid:. The contract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids. -10- The contract for the Ok will be awarded to thowest responsible bidder complying with these instructions and wit the "Notice Inviting Bids. " The Citv, however, reserves the risbt to meet any or all bids -and to waive any nonconformity in the bids received. The bidder to whom the award is made shall execute a written Contract -with the City and furnish the stipulated bonds within fifteen (15) days after the notice of award of contract. The Contract Agreement shall be made in the form adopted by the City. The release . of the successful bidder' s surety deposit, as previously stipulated, shall be made upon the City ' s acceptance of the Labor and Materials Bond and the Faithful Performance Bond. ' If the bidder to whom the award is made fails to enter the contract as . herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the part;, to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. Bonds. The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Materials Bond in a sum not less than one hundred percent (100%) of the total annual amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less th one hundred percent (100%) of the total annual amount of the' contract. Sai bonds shall be secured from a sure-y company satisfactory to the City .Suret companies, to be acceptable to the City, must be 'authorized to do business in the State of California and be on the accredited list of the United States Treasury. Time of Performance. The- work shall be commenced within fifteen (15) calendar days from the date' of execution of the contract and shall be diligently prosecuted for a period of twelve (12) months. Assignment of Contract. No assignment by the Contractor of any contract to be entered into hereunder or any part thereof , or of funds to be received thereunder by the Contractor, will be recognized by the awarding *authority and the surety. has been given notice of such assignment in writing and has con- sented thereto in writing. Workmen and Wages . Attention i-s sp--cifically directed to all provisions of the Labor Code of the Sta'to of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City pursuant to said Code and a- listed in the "Notice Inviting 'Bids" . -11- GENERAL PROVISIONS A. Turf Grass • • 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 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 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 bermuda grass areas. 9. 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. i). Turf shall be dethatched once a year between February 1 and March 31. This shall be accomplished by using a "flail type" dethatching machine. 6. Fertilization: a. Bluegrass turf shall be fertilized every 30 to 45 days, as needed, at the rateof one pound of actual nitrogen per 1 , 000 sq•uare feet. A 1.6-6-8 formula with trace elements is recommended. 2?. 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. -23- 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. B. Slope Care 1. Ground cover (grass, herbaceous plants) 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 pcund 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 snail$, 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. 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. .-24- Additioe weed control shall be 10tiated 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. 8. Annual bedding plant areas shall be programmed for replacement as directed by the Director of Public Works or his authorized representative. Replacement plants shall be of a suitable type to provide the maximum amount of color (bloom) during 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. 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 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 shall be used as needed throughout the year, where necessary to maintain healthy, vigorous growth and good foliage color. y9. Irrigate as required to maintain adequate growth rate appearance. -25- 1 E. irrigation System• • 1. • The CONTRACTOR shall maintain thg complete 'sprinkler system in an operable coiidition. 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-:.attiring 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. 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. S. ' Irrigation of park will be accomplished between 10 : 00 -p.m. and 3: 00 a.m. , subject to change by CITY. 9. Irrigation by water truck will be accomplished during daylight hours and no less than bi-monthly, or as directed. 10. A minimum 500 gallon capacity tank 'is required. 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. -26- G. Restrooms M . 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 ?n 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 a-id 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 , a. d 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 . 8. CONTRACTOR is required as part of this Agreement to furnish all materials necessary to accomplish maintenance in accordance with the foregoing specifications except fertilizer, which will be available at Corporation. Yard, 32400 Paseo Adelanto, Sari Juan Capistrano . -27- CONTRACTO is further required to Dock high usage items for repair of irrigation systems . CONTRACTOR willbe reimbursed. the wholesale cost of such materials and parts upon presentation of properly itemized invoices . Any other types of materials required to r� 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 serl,ice shall be capable of contacting CONTRACTOR by radio or pager. CONILkCTOR 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 bntering 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. I. . Extra Work 1. Extra work will not be performed without prior approval by CITY unless a condition exists wherein it appears there is1w.nger of injury to person or damage to property. 2. Extra work may be required by the' CITY as a result of f 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. . - S. 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. J. 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 . r . IK% -29- CERTIFICATE OF INSURANCE ` I This is to certify that fi STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois has in force for TRANSCONTINANETAL FACTORS INCORPORATED 17id 17 too Name of Policyholder POST OFFICE BOX 4119 Address of Policyholder - S�! M SAN CLEMENTE, CALIFORNIA 92672 location of operations DESCANSO PARK AND TRACTS - 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.) Comprehensive 3-1-80 TO 90-045739-0 General Liability ❑ Dual Limits r: BODILY INJURY 3-1-81 Each ❑ Occurrence $ Manufacturers'and Each Contractors'Liability Aggregate $ ❑ Owners', Landlords'and PROPERTY DAMAGE Tenants'Liability Each Occurrence $ The above insurance includes (applicable if indicated by®) ❑ PRODUCTS - COMPLETED OPERATIONS II��II Aggregate' $ ❑OWNERS'OR CONTRACTORS'PROTECTIVE LIABILITY }tXJ Combined Single Limit for: BODILY INJURY AND PROPERTY DAMAGE ❑CONTRACTUAL LIABILITY Each Occurrence $ 1,000,000 POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Aggregate $ 1,000,000 (eff./exp.) CONTRACTUAL LIABILITY LIMITS ❑ Watercraft (If different than above) Liability BODILY INJURY Aut Omoblle 3-1-80 to Each Occurrence $ 3579 5S5 C01 55C 3579-78 Dodge Colt 9-1-81 PROPERTY DAMAGE ll immobile — Each Occurrence $ 4010 248 B06 55A -�X] 4010-76 Kary Vc in 8.-6-80 Aggregate $ Workmen's Compensation Coverage A STATUTORY ❑ECoverage A Coverage B $ mployer's Liability -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 THEN COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN. ' o': ` ) S.A.[ FARM JOE ANDERSON,Agent lift 540 North EI Camino Real 00 San Clemente, California 92672 INSURANCE O NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED �ity of San Juan Capistrano 32400 Paseo Adelanto 7 March 1980 ate San Juan Capistrano, California 92675 )gnat. -A.th. z Representative L J Title _3400 PASlO AOELANTO SAN J I H&PtSTRRNO,CALAFORNIA 92675 •` f iJ I HONE 40,Y11 7jc�S / y n March 4, 1980 Toyo Landscaping 225 South Newhope Santa Ana, California 92704 Re: Maintenance of Des canso, C. Russell Cook, Mission Bell Parks and Specified Parkways Gentlemen: At their meeting of January 23, 1980, the City Council awarded the contract for the maintenance of Descanso, C. Russell Cook, Mission Bell Parks and specified parkways to Transcontinental Factors Inc. Enclosed please find your Cashier' s Check in 'the . amount of $3, 000. 00 from California First Bank, submitted as the bid bond for the above-mentioned project. Thank you for submitting your bid to the City. Very truly yours, (MRS) MARY ANN HANOVER, CMC City Clerk MAH/cdc Enclosure cc: Director of Public Works Benny Davis, Public works AGENDA ITEM January 23 , 1980 TO: James S . Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract - Maintenance of Descanso Park, Portion Of C. Russell Cook Park, Mission Bell Park and Specified Parkways SITUATION On January 9 , 1980, bids were opened for the maintenance of Descanso Park, a portion of C. Russell Cook Park, and specified parkways . Bids were submitted as follows : California Landscape $34 , 663 Transcontinental Factors 21, 900 Green' s Gardening 23, 400 Environmental Care 38 , 934 Toyo Landscaping 28 , 780 Artistic Maintenance 22 ,800 Low bidder was Transcontinental Factors at $21, 900 . FINANCIAL CONSIDERATIONS There are adequate funds budgeted in the Park and Parkways accounts for this service. ALTERNATE ACTIONS 1. Award the Contract for landscape services to Transcontinental Factors in the amount of $21, 900 per year and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. 2 . Award the contract to another bidder. 3. Request further information. RECOMMENDATION By motion, award the contract for landscape services to Transcontinental Factors in the amount of $21, 900 per year and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. Respectfully subtted, L . 6 . 0 /T W. D. Murp y WDM:PH/rh FOR CITY COUNCIL AGENDA ... . .. cl ) 5 *** ' tTi O saiki '� TO 'i HE * Cf.�L;j CS 5iLT1 rl GHOEF OF i f ,_ J =C ..,._"aCc^ bond CFr'N �:OOD 5�1V ING° AND CAN g550/rIATIOr: e..,. kb w IJ . TWO SIGNATLP ES FEOOfPEO ON CM1EC I(5 OF SI OCO OP MORE � V� it, 1S5S� SSjj' 1: 1222��f1S971: b77913395i' 1L 3 2.,E,TWOOD OFFICE UNITED CALIFORNIA BANK. I-836 SAN VICENTE BLVD- LOS dNGE:.LS. CA. 900a9 - �r trans continental factors inc. • boa 4119 sae dememe.caldorma 92672 RECEIVED C C`I V r D JAN 'U 4^ IM T City of San Juan Capistrano City Hall BID FOR MAINTENANCE OF DESCANSO, 32400 Paseo Adelanto & MISSION BELL San Juan Capistrano, California C. RUSSELL COOK, • PARKS & SPECIFIED PARKWAYS igt=B rD V-4/w HAIIA �Esc�}n>Sd oknalj aF C. RussECL caoK Yf�R M 155►0,�► P �� SPKI F1ED Pw��15 $ 5__{ _ able AlMi "A �11'3-H t�iESS PHONE rCOPIER C71 -2 !_. �� .,c _��Q� — - - _l/_-: 1 LIZ__ . . - S -A 9a � i hn.�_ ori___ � 1�1.�_w��±-_C�►2s�n—`.st=- -(�� - 3a0 7-1S0- v_ _ 7 a 0 S U/'-- _q�+l_5-h'� _M�-►,,,� - _ �A, a � ��x �a�7 360 ► - CAtor.. nsC - 7osa_Dftn• JV -as 3. > _ Gra GRAYLAND DEVELOPMENT INCORPORATED DATE: Lecember 26, 1979 TO : City of S�� Jus,n capistraro 72400 Paseo Adele.ito San Juan C nistrano , CA ( 7" 4 ) t37-117 PHONE NO. " ATT : RE: air_tena.nc� of Descanso 1'ar<_. Po. tion of C Pus ell Cock f=l_ ax�d specified p :.r:,s PLEASE FORWARD PLANS AND SPECIFICATIONS FOR THE ABOVE PROJECT( S) AS SOON AS POSSIBLE. a ENCLOSED IS A CHECK FOR %•00 AS A PLAN, SPECIFICATICN AND/OF), MAILING FEE. _.FORWARD PLANS AS INDICATED, AT NO CHARGE. CORDIALLY, GRAYLAND DEVELOPMENT 15955 KAPLAN INDUSTRY, CA. 91744 TELEPHONES:( 213)336-6063/968-0715 ck# J l green sht. date bids 1/3/30 at _: A.M. /P.M. Refundable-XNon-refundable Allowance $ 25 .000. 00 TRAONSIT S CHECKS S CASH DATE NAME DESCRIPTION RECEIVIED 3261 .,,N*ID WITHOUT SIGNATURE 1941 On CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO,CALIFORNIA 92675 - PURCi'iY,SE tfR15El2 - � PURCHASE �jORX- R THIS P.O. NUMBER Nv',1ST 32400 PAS!:O ADECANTO APPEA3 ON ALL PY.G_, CAR SAN JUAN C;'.PiSTRANC, CA. 92675 IONS, SHIPPING PAPERS ETC (7141 49 3-1171 DATE VFh'UOR- SHIP TO: aZ, 1�7.'::'i.hZ" � Inc. 3` r_.... ',.1.5 [-2672 92 75 YEFff'CNCE � CON''-IA RING i."' M ;F„ -' I RAJ Si❑Of.NV ACCO�Ni NJ L � >II4L�! �FUb UNI'�— —_ [ LSckIPiIUN � �-_tNero UNIT FkI,E_ _ AY_ �rtJT t' 1 1 19 791 i i I ,i i T ER k, SAI ES-- ------------ TAX Gy �y?eq �� 1 cn.Uratt tiv t - N�au pn "a J .ia R�CIl �i F 0; , !' _ . trans #bntinental fac*rs inc. - box 4119 • san clamente, calitornia S2E7 <�p on�.�314> 495=20-x 492-2943 iC J6 21 !oil '-/u C.-A.fi November 30, 1979 Mr. Benny R. Davis Supt. of Public Works City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92.675 Re: Landscape Maintenance of Descano Park and Specified Parkways Purchase Order No. 3694, Request for Extension. Dear Mr. Davis: Pursuant to our conversation relative to an extension of the duration of the above identified contract, please be advised that I am most happy to: .continue our contractual services until March 1, 1.980. It is a continued pleasure to be of service to the fine City of San Juan Capistrano. Sincerely, TR.ANSCONTINLIUAL FACTORS INC. Jo/Warinner, Treasurer . CERTIFICATE OF INSURANCE This is to certify that ®STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois has in force for ' =TD== ]FJCTIMI IN01311KIR&TOr ��epp y/�� W9a Name of Policyholder rwa mnW ax pp�� //qe�y�a/ �� e�� }/� Address Of Policyholder ON QUINNUs, 92672 location of operations M= OF SAN JMN aLPM ' 0 Sl6g JMN 0113WO 00s, OILI MMM 92675 the following coverages for the periods and limits indicated below. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY (eff./exp.) Comprehensive go-o45 739-0 4General Liability 3_'1_79 to j.j..W ❑ Dual Limits for: BODILY INJURY Manufacturers'and Each Occurrence $ ❑Contractors'Liability Aggregate $ ❑Owners',Landlords'and PROPERTY DAMAGE Tenants'Liability The above insurance includes Each Occurrence $ (applicable if indicated by®) ❑ PRODUCTS - COMPLETED OPERATIONS Aggregate' $ OWNERS'OR CONTRACTORS'PROTECTIVE LIABILITY ®Combined Single Limit for: BODILY INJURY AND PROPERTY DAMAGE ❑CONTRACTUAL LIABILITY Each Occurrence $ 5m.� POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Aggregate $ DfYf (eff./exp.) CONTRACTUAL LIABILITY LIMITS ❑ Watercraft (If different than above) Liability BODILY INJURY Each Occurrence $ PROPERTY DAMAGE 0 2W 806- Vie 2-6- U 1-80 Each Occurrence $ ❑ Aggregate $ Workmen's Compensation Coverage A STATUTORY ❑ Coverage A Employer's Liability Coverage B $ -Coverage B 'Aggregate not applicable if Owners',Landlords'and Tenants'Liability Insurance excludes structural alterations,new construction or demolition. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN. \ XY NAME AND ADDRESS OF PARTY TO WHOM \ ('-- CERTIFICATE I$ISSUED `I 1\ I OB Sup im 0"Mum {^� 28 >9n am so �Lifi�V arm a os, V6e W75 Signiture of Author. resentative L J Title F6-994.4 :"' a , CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS , FOR PARK AND PARKWAY MAINTENANCE DESCANSO PARK AND SPECIFIED PARKWAYS CITY COUNCIL KENNETH E. FRIESS, MAYOR JAMES THORPE PHILLIP R. SCHWARTZE LARRY BUCHHEIM GARY L. HAUSDORFER W• D. MURPHY DIRECTOR OF PUBLIC WORKS - CITY ENGINEER 1978 NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will up to 11 : 00 a.m. on the 28th day of November, 1978, receive sealed pro- posals or bids for the Maintenance of Descanso Park and Specified Parkways, 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 accompanied by a certified check, cash, cashier's check or bidder's bond payable to the City of San Juan Capistrano in the sum of -not less than ten percent of the amount . The bid check, cashier's check or bidder' s bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10: 00 a.m. , on the 22nd day of November ,1978, at the City Offices . The contractor shall have the oppor- tunity for clarification or interpretation of any point or points of question within the contract documents or specifications . It is the con- tractor 's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings , for the City shall not disseminate any records of the conference . Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions , explanations , or interpretation of the specifications and contract documents presented to the bidders in any manner. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages , as deter- mined 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 specifics*ns are on file in the oloce of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, .'California. Copies of the specifications for use in preparing bids may be obtained at the office of the City Clerk, San Juan Capistrano, ._ at the address shown above. One set of specifications is available for each general contractor proposing to submit a bid for said work. R charge in the amount -of $5. 00 , ,ion-refundable, is required for ob- taining 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 Contractor who has not been licensed in accordance with the provisions of the laws of. the State of California relating . to the licensing of Contractors. This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 16th day of November, 1978 CITY CLZ. X CITY OFe AN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA The successful bidder, simultaneously with the execution of the contract, will be required to furnish a faithful performance bond equal in amount to one hundred percent (100°%) of the annual contract price and a labor and materials bond equal in amount to one hundred percent (1000) of the annual contract price. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. -2- i r TABLE OF CONTENTS Page CONTRACT DOCUMENTS NOTICE INVITING BIDS 1 BID PROPOSAL 3 NON-COLLUSION AFFIDAVIT 7 INSTRUCTION TO BIDDERS g AGREEMENT 12 BID BOND 18 FAITHFUL PERFORMANCE BOND 20 LABOR AND MATERIAL BOND 22 GENERAL PROVISIONS 23 f • iO A Lliiil! y'q>' Y � 1 iii _el•. 4 ^ N I �r rr4 �. ��6•i�:,. � .r, �/�p� �li J� CI7 s,� �'�� A � 4 J jy_ r ��1 % ✓ r � 5 Jr� / ✓^�i A /'.�S-1 - V t• C I t - 1�-%�`' �� i sir 1 i .'Il 1_1. f �:,��•! � �%' nor�) � - I l� 1'r'' �,� - "14�� •^ s��`a; 114 0.c •• L ��.-__'�11�`"�i� '`�' �-�1�:�5'_��-=',!((tel ..� `�1✓ *INSTRUCTION TO BIDDERS Securing Documents. Specification documents will be available for examination without charge and conies may be secured in accordance with the "Notice Inviting Bids. " Examination of Specifications and Site of Work. The bidder is required to 'examine the site of work, the proposal, and the specifications very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. •Discivali.fication of Bidders. No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted . a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not herety 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. A11 prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may .be crossed out and ' corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. • C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except . as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder must accompany his bid with either a cashier ' s check upon some responsible bank , or a properly certified check upon such bank , or an approved corporate surety bond payable to the City for .such a sum of not less than ten (10) � 1 percent of thet gregate sum of • the bid,•hich check or * bond and 'the monies represented thereby shall be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents, such check or bond, and the money represented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ten (10) percent of the amount of the bid. A bid received and not accompanied by such cashier ' s check, certified check or approved bond shall be rejected. k'• 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. " Bid's 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. Withdrawl of Bids. Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. Opening of Bid Proposals. The City will, in open session, publicly open, examine, and declare the bids at the time set forth in the "Notice Inviting Bids. " Bidders ._or their authorized representatives are invited to be present. 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. Award of Contract or Rejection of Bids. No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids . -9- -The contract for the work will be awarded to thelowest responsible bidder complying with these instructions and with the "Notice Inviting Bids. " The City, however, reserves the right to reject any or all bids -and to waive any nonconformity in the bids received. The bidder to whom the award is made shall execute a written Contract with the City and furnish the stipulated bonds within f if teen (15) days after the notice of award of contract. The Contract Agreement shall be made in the form adopted by the City. The release. of the successful bidder ' s surety deposit, as previously stipulated, shall be made upon the City' s acceptance of the Labor and Materials Bond and the Faithful Performance Bond. If the bidder to whom the award is made fails to eater the contract as . herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. Within ten days after the awarding of the contract, the City will returp the proposal guarantee accompanying each of the proposals which are rejecte Bonds. The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Materials Bond in a sum not less than one hundred percent (100%) of the total annual amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less tha one hundred percent (100%) of the total annual amount of the' contract. Said bonds shall be secured from a surety company satisfactory to the City.Suret companies, to be acceptable to the City; must be 'authorized to do business in the State of California and be on the accredited list of the United States Treasury. ' Time of Performance. The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently prosecuted for a period of twelve (12) months. Assignment of Contract. No assignment by the Contractor of any contract to be entered into hereunder or any part thereof ,' -or of funds to be received thereunder by the Contractor, will be recognized by the awarding 'authority and the surety. has been given notice of such assignment in writing and has con- sented thereto in writing. Workmen and Wages. Attention i_s specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall -10- 1 -not be less than preying wage rates determined y the City pursuant to said Code and as listed in the "Notice Inviting Bids. " -11- BID BOND (SAMPLE) V aA KNOW ALL AEN BY THESE PRESENTS, that we, as Principal, and existing under the laws of the State of , and whose principal office is located in the City of , as surety are jointly and severally bound unto the CITY OF SAN JUAN CAPISTRANO of orange County, California, in the sum of DOLLARS ($ ) , lawful money of the United States of America to be paid to the said CITY OF SAN JUAN CAPISTRANO, for which payment well and truly to be made, we bind ourselves, our heirs, successors, executors, administrators and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 191 for the maintenance of for the CITY OF SAN JUAN CAPISTRANO, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall -within fifteen (15) days after the agreement has been presented to him for execution enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties , or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawl of saidbid within the periods specified, or the failure to enter into said contract. and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and 'the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, other- wise to remain in full force and virtue. IN WITNESS WHEREOF the above-bounden parties have executed this instrument under their several seals this day of 19 , the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. .Two Witnesses (if individual) PRINCIPAL By Title ATTEST (if corporation) Title -18- Corporate Seal ATTEST SURETY gy Title Title Corporate Seal -19- • GENERAL PROVISIONS • A. Turf Grass 1. All ?awn 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 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 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 bermuda grass areas. 41 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" dethatching machine. 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 trace 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. -23- 1 7. A broad spectrum fungicide (such as Adtidone 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. B. Slope Care 1. Ground cover (grass, herbaceous plants) 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 asing 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. 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. -24- Additional weed control shall be initiated as necessary to maintain a weedfree condition. 5. Ground cover areas ' should be fertilized every ninety 190) 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. 8. Annual bedding plant areas shall be programmed for replacement as directed by the Director of Public Works or his authorized representative. Replacement plants shall be of a suitable type to provide the maximum amount of color (bloom) during 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. . 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 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 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. -25- 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--atering 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. 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. B. Irrigation of park will be accomplished between 10 : 00 -p.m. and 3: 00 a.m. , subject to change by CITY. 9. Irrigation by water truck will be accomplished during daylight hours and no less than bi-monthly, or as directed. 10. A minimum 500 gallon capacity tank 'is required. 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. -26- G. Restrooms 1. As required, iestroom 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 4-n height. 2. A].1 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 a-id 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. 5. 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 . 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. B. CONTRACTOR is required as part of this Agreement to furnish all materials necessary to accomplish maintenance in accordance with the foregoing specifications except fertilizer, which will be available at Corporation Yard, 32400 Paseo Adelanto, San Juan Capistrano. -27- 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. CONTRACTOP, 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. T. Extra Work 1. Extra work will not be performed without prior approval by CITY unless a condition exists wherein it appears • -28- 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 d4sturbances 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. J. 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 INSURANCI This is to certify that ©STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois E]STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois • has in force for TRANSCONTINENTAL FACTORS INCORPORATED has Name of POIICYh er A 49 AM 119 POST OFFICE BOX 4119 Address of Policyholder civ( OF SAN CLEMENT E CALIFORNIA 92672 .3F,Fj 'JUAN location of operations CITY OF SAN JUAN CAPISTRANO C. A P 1 S'I K A 14 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.) Comprehensive 90-045739-0 ® General Liability /1/79 to 3/1/80 ❑ Dual Limits for: BODILY INJURY Manufacturers'and Each Occurrence $ ❑ Contractors'Liability Aggregate $ ❑ Owners',Landlords'and PROPERTY DAMAGE Tenants'Liability The above insurance includes Each Occurrence $ (applicable if indicated by®1 ❑ PRODUCTS - COMPLETED OPERATIONS Aggregate` $ ❑OWNERS'OR CONTRACTORS'PROTECTIVE LIABILITY Combined Single Limit for: BODILY INJURY AND PROPERTY DAMAGE _ ❑CONTRACTUAL LIABILITY Each Occurrence $ 500,000 POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Aggregate $ 5002000 (eff./exp.) CONTRACTUAL LIABILITY LIMITS EiWatercraft (If different than above) Liability BODILY INJURY Automob 110 Each Occurrence $ PROPERTY DAMAGE 3579-557—CO1-55 65 Chev Van 3/1/79 to 9/1/79 Each Occurrence $ ❑ Aggregate $ Workmen's Compensation Coverage STATUTORY ❑ Coverage A Employer's Liability Coverage B $ -Coverage B 'Aggregate not applicable if 0wners', 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. 5 _ JOE ANDERSONO ,11I STAY FAMA C01117ANIES 5'0 N. EL CX'AA NO REAL SAN CLE'::^,ELATE, CALIF. 92672 NAME AND ADDRESS OF PARTY TO WHOM (714) 492-5900 CERTIFICATE IS ISSUED CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO Date, �f SAN JUAN CAPISTRAGO, CA 92675 Signature of Autfidriied Presentative, L J 1 Title- 1 F6-994.4 ..... �t �/ .It �� 7 ' �� STATE COMPENSATION P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101 1 N S U R A N C E i f L C t_ ) r 0 FUND r � January 4 , 1979 Jul Jn!,I CERTIFICATE OF WORKERS' COMPENSATION INSURANCE City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attn : David Smith This is to certify that we have issued a valid Workers'Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. New Application-79 1-01--79/1-01-80 EMPLOYER PRESIDENT Transcontinental Factors, Inc. P. O. Box 4119 ALL OPERATIONS San Clemente, California 92672 SCIF FORM 262A (REV. 8-78) 5vna-ue aae ase Au STATE COMPENSATION P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101 I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE This is to certify that we have issued a valid Workers'Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. EMPLOYER PRESIDENT SCIF FORM 262A (REV.878) DUPLICATE b+x 1e-7¢ose 2x S 32400 PASCO AOELANTO SAN JUAN CAPISTRANO,CALIFORNIA 92675 , PHONE 493-1171 REQUEST FOR WARRANT . TO: Transcontinental Factors, Inc. AMOUNT 13,00. P. ,O. Box 4119 DATE 1/29/79 San Clemente, CA 92672 ACCOUNT 9oy�7- c,?- CHECK 2CHECK # SHOW ON CHECK STUB: Return of money submitted as bid bond - Descanso Park and specified parkways, awarded by the City Council to Transcontinental Factors , Inc. on December 6 , 1978 . APPROVED:?Nz' City Jerk CERTIFICATE OF INSURANCE This is to certify that STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois has in force for Transcontinental Factors Incorporated _ - Name of Policyholder Post Office Box 4119 Address of Policyholder San Clemente, California 92672 location of operations 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 (off./exp.) Comprehensive Dual Limits for: BODILY INJURY 90-045739-0 ®c - -79 to 3-1-79 General Liability Manufacturers'and Each Occurrence $ ❑ Contractors' Liability Aggregate $ ❑ Owners', Landlords'and PROPERTY DAMAGE Tenants'Liability The above insurance includes Each Occurrence $ applicable if indicated by ki ❑ PRODUCTS - COMPLETED OPERATIONS Aggregate' $ ❑OWNERS'OR CONTRACTORS'PROTECTIVE LIABILITY ®Combined Single Limit for: BODILY INJURY AND PROPERTY DAMAGE ❑CONTRACTUAL LIABILITY Each Occurrence $ 500,000 POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Aggregate $ 500,000 (eff./exp.) CONTRACTUAL LIABILITY LIMITS Watercraft (if than above) ❑ Liability If dBODILY INJURY Each Occurrence $ _ 3579-557-001-55 ® Autambile 1-1-79 to 3-1-79 PROPERTY DAMAGE Each Occurrence $ ❑ Aggregate $ Workmen's Compensation Coverage STATUTORY ❑ Coverage A Employer's Liability Coverage B $ -Coverage B 'Aggregate not applicable if Owners', Landlords'and Tenants'Liability Insurance excludes structural alterations, new construction or demolition. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN./ JOE ANDERSON Agent A` STATE FARM INSURANCE COMPANIES h� 540 N. EL CAMINO REAL 1 SAN CLEMENTE, CALIF. 92672 NAME AND ADDRESS OF PARTY TO WHOM (714) 492-5900 CERTIFICATE IS ISSUED F City of San Juan Capistrano "-,December 27, 1978 32400 Paseo Adelanto Data San Juan Capistrano, California 92675 CC j Signature f AotohzedjRepresentative L Title F6-994.4 •"""" December 15, 1978 Genell Johns Accurate Insurance Associates 301 S. Main Street Fallbrook, CA 92028 Dear Genalls our Workman's Comp policy, Zenieth X307308 will terminate on December 319 1978. I will not be renewing this policy as I have transferred to State Compensation Insurance Fund, here in Santa Ana, effective January 11 1976: Will file the final quarter and make payment after December 31st to bring us up to date. Call me if there is any problem. Meantime, thanks for all your help in the past and have a grand holiday season! Sincerely, Mrs.Jo Warinner STATE KEN NELSON FUNDDistrict Aepreseatativc Tel.: (714) 541-2631 2100 East Fourth Street Santa Ana, California 92705 _ � V 4� ,�`� FAITHFUL PERFORMANCE BOND L05-032459 in triplicate KNOW ALL MEN BY THESE PRESENTS : That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Transcontinental Factors Inc. _ License No. __3L9683 hereinafter designated as "Principal, " a contract for mwAlva Thousand Five Hundred Dollars ($12,500), Grounds Maintenance; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, Transcontinental Factors Inc. as Principal, and Balboa Insurance Company 1 , as surety, are held and firmly bound unto the City of San Juan Capistrano, a municipal corporation of Orange County, California, in the penal sum of Twelve Thousand Five Hundred& 00/100. ($ 12,500.00 ) Dollars , .awful money of the Unite States of America, for payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents . THE CONDITION OF THIS OBLIGATION is such that, if the hereby bounden Principal, his or its heirs, executors , administrators; successors or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said contract and any alteration thereof, made as therein provided, all within the time and manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations or modifications of the contract documents or of work to bepp rformed thereunderp provided such change does not alter the origial contract by 20 bor more. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original T thereof , have been duly exeucted by the Principal and surety herein named, on the 29th day of December , 19 78 , the name and corporatea; seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Balboa Insurance Company Transcontinental Factors, Inc. Surety PRINCIPAL By old P Y Warren Fenske, C. Faust, -Attorney-inct 1 idem -� d � vim.• STATE OF CALIF. / / ss: County of SAN DIEGO / On this clay of 19 before me MURIEL FAUST a Notary Public in and for the said County of SAN DIEGO State of CALIF. residing therein, duly commissioned and sworn,personally appeared P• C. FAUST known to me to be the Attorney-in-Fact of the Balboa Insurance Company, the corporation that executed the within instrument, and acknowledged to me that he subsc�{q � a Insurance Company thereto and his own namasLAttome Y in-Fact. M , OFFICIAL CEAL MURIEC_ FAUST f+. NOTARY FURIC CALIFORNIA Notary Public in and for the County of Pri. cip, LJi,e,$an Oicgo Co.Calif, ._: Aly Commission Exp. Feb. 21, 1931 SAN DIEGOCALIF. ra _s.•Lts'. .°a.v=.;r:�."m rr.,t� Y'i rsav� State of 1L002ZR778 YII Y �.eY FAITHFUL PERFORMANCE AOND L05-032459 in triplicate KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Transcontinental Factors Inc. License No. 349683 , hereinafter designated as "Principal, " a contract for TwolyP Thwaand Five Hundred Dollars ($12,500), Grounds Maintenance; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, Transcontinental Factors Inc. as Principal, and Balboa Insurance Company , as surely, are held and firmly bound unto the City of San Juan Capistrano, a municipal corporation of Orange County, California, in the penal sum of Twelve Thousand Five Hundred& 00/100. ($ 12,500.00 ) Dollars, _awful money of the Unite States of America, for payment of which sum, well and truly to be made, we bind ourselves, our heirs , executors , administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the hereby bounden Principal, his or its heirs, executors, administrators; successors or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms , covenants, conditions, and agreements in the said contract and any alteration thereof, made as therein provided, all within the .time and manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations or modifications of the contract documents or of work, to bep"erformed thereunder provided such change does not alter the origial contract by 2R, or more. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original " thereof, have been duly exeucted by the Principal and surety herein named, on the 29th day of December , 19 78 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Balboa Insurance Company Transcontinental Factors, Inc. PRINCIPAL Ly By — C, Faust, Attorney-in-Fact h rren Fenske, lent y � n STATE OF CALIF. ss: County of SAN DIEGO On this day of 19_ before me MURIEL FAUST a Notary Public in and for the said County of SAN DIEGO State of CALIF residing therein, duly commissioned and sworn, personally appeared P- C. FAUST known to me to be the Attorney-in-Fact of the Balboa Insurance Company, the corporation that executed the within instrument, and acknowledged to me that he subscribed the name of the Balboa Insurance Comp7y thereto and his own ame as Attorney-in-Fact. s° Of FICIAL SEAL. f M FAUST CLQ t � d c n andCounty f(`T^i r 'WAI;LI( ("LLIFORNIA Notary Public idor the f of JIe„oGo CaA y J my w,In�n�s: � exp. Fab. 193' SAN DIEGO State of CALIF- IL002ZR77s v - Y FAITHFUL PERFORMANCE BOND L05-032459 in triplicate KNOW ALL MEN BY THESE PRESENTS : That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Transcontinental Factors Inc. _ License No. 3L9683 , hereinafter designated as "Principal, " a contract for Twplyn Thnunand Five Hundred Dollars ($12,500), Grounds Maintenance; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, Transcontinental Factors Inc. as Principal, and Balboa Insurance Company , as surety, are held and firmly bound unto the City of San Juan Capistrano, a municipal corporation of Orange County, California, in the penal sum of Twelve Thousand Five Hundred& 00/100. ($ 12,500.00 ) Dollars , .-..awful money of the United States of America, for payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents . THE CONDITION OF TIIIS OBLIGATION is such that, if the hereby bounden Principal, his or its heirs , executors , administrators; successors or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said contract and any alteration thereof, made as therein provided, all within the .time and manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change , extension of time, alterations or modifications of the contract documents or of work to bepperformed thereunders provided such change does not alter the origial contract by 20). or more. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly exeucted by the Principal and surety herein named, or. the 29th day of December , 19 78 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Balboa Insurance Company Transcontinental Factors, Inc. rely > PRINCIPAL By /� '� By% — -- Wrren Fenske, deni, C. Faust, Attorney-in-Fact F STATE OF CALIF. /ss: County of SAN DIEGO On this day of —19—L"," before me MURIEL FAUST a Notary Public in and for the said County of SAN DIEGO State of CALIF. residing therein, duly commissioned and sworn,personally appeared P• C. FAUST known to me to be the Attorney-in-Fact of the Balboa Insurance Company, the corporation that executed the within instrument, and acknowledged to me that he subscribed the name of the Balboa Insurance Company thereto and his own name as Attorney-in-Fact. T wr s AL SEA'uotitt:Y OFFICIAL SEAL ,:, MURIEL FAUST Notary Public in and for the County of NOTAR'r PO3L�C GALIFORNIA i`' P. 1p Oltme.San Dingo Co.Calif. SAN DIEGO CALIF, r' "c� My Canmissmn Exp Feb. 21, 1931 State Of 1L002ZR778 ,� .�.L,Lam.,�t-,.��_,�„�1'L1til°,rL`L°ti`�L'L•.VY,y f� �j x 0 Payment BOND L05-032459 in triplicate KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, Ca] 4.fornia, has awarded to Transcontinental Factors Inc. License No. 349683 , hereinafter designated as "Principal, " a contract for Twelve Thousand Five' Hundred Dollars($12,500) Grounds Maintenance % and WHEREAS, said Principal is required to furnish a bond in connectic with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in,• upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Transcontinental Factors JW. Principal, and Balboa Insurance Company , as surety are held firmly bound unto the City . of San Juan Capistrano, a municipal corporation, in the penal sum of Twleve Thousand Five Hundred ($ 12 500_00 ) Dollars, lawful money of the United States of America, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, admini- strators and successors, jointly and severally, firmly by these presents . THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators , successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code. of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney' s fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall ' in any way affect its obligation on this bond and it does hereby waive , notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. Balboa Insurance Company Transcontinental Factors, Inc. surety ��: By iy� ` By Y. C. Faust, Attorney-in-Fact Warren Fenske, I sidant STATE OF CALIF. / /ss: County of SAN DIEGO / On this day of ]9 before me MURIEL FAUST a Notary Public in and for the said County of SAN DIEGO State of CALIF, residing therein, duly commissioned and sworn, personally appeared F. C. FAUST known to me to be the Attorney-in-Fact of the Balboa Insurance Company, the corporation that executed the within instrument, and acknowledged to me that he subscribed the name of the Balboa Insurance Comp �thereto�andhis wn name as Attorney-in-Fact. sa OFFICIAL SEAL .T a_ 1 MURIEL FAUST S e,+ Nota Public in and or the Count o ll r I r ruu_1r, c,HFo oA f Y f °� ! cll Js Son Dic,p Co Cuuf. " 1L002ZR778 x Mn CI rl i-n exo. F-b zi tySi 4 SAN DIEGO State of CALIF, 1( �i ail. t 32400 PASEO AOELANTO SAN JUAN CAPISTRANO,CALIFORNIA 92675 PHONE A93-1171 i December 11, 1978 Transcontinental Factors, Inc. , P. O. Box 4119 San Clemente, California 92672 Re: Award of Bid - Maintenance of• Descanso Park and Specified Parkways Gentlemen: At their meeting of December 7, 1978 , the City Council awarded the contract for the maintenance of Descanso Park and Specified Parkways to your company. Enclosed are two contracts which have been signed by Mayor Friess. Please complete both and return the contract marked "City Copy" with , all required bonds and insurance to this office. I am enclosing Pages nos. 10 and 11 of the bid document for your information. Please note the provisions on Page 10 for bonds required by the City and the insurance provisions on Page 14 , Section 9 of the Agreement, which must be met before the contract is effective. Please note also that Section 7 of the Agreement states that the contractor shall begin maintaining landscaping within 15 days; however, this paragraph is a standard statement and should be corrected to reflect the actual commencement date of January 1, 1979, If I can be of any help to you, please do not hesitate to call my office. Thank you for your cooperation. Verytrulyyours, (MRS) MARY; �NNHAINOVER City Clei MAH/cj Enclosures cc: Director of Public Works CITY COPY "', • AGREEMENT • LOCAL PARK AND RELATED LANDSCAPE MAINTENANCE TIIIS AGREEMENT is made and entered into this 7th -day of December , 1978 . between the City of San Juan Capistrano, herein- after referred to as "CITY" and Transcontinental Factors, Inc. hereinafter referred to as "CONTRACTOR" for local park and related landscape maintenance of parkways . 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 January , 197'9 and shall remain and continue in effect for a period of twelve (12) months thereafter subject to extension or term- ination as described in Section 1.3 or Section 14 . SECTION 2. MAINTENANCE: Maintenance shall include but not be limited to Descanso Park (1 . 0 acre) and various parkways . CONTRACTOR may be required to perform extra work as deemed necessary by the Director of Public Works. SECTION 3 . MEASUREMENT AND PAYMENT: CONTRACTOR agrees to provide all necessary labor, machinery, tools , equipment and all other utility and transportation services required to perform the landscape maintenance in the manner specified herein for the following annual consideration: Descanso Park and Specified Parkways TOTAL ANNUAL COST $ 12, 500 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 he 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 CONTPuACTOR 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- t SECTION 4 . GENERAL PROVISIONS : Apral provisions for the prk to be performed It contained herein and are made a part of this bgreement by reference. SECTION 5. EQUIPMENT, LABOR AND PREVAILING WAGES: CONTRACTOR shall use and furnish at his own expense all labor and equip- ment necessary for the satisfactory performance of the work set forth in this contract. Eight hours constitutes a legal day' s work. The time worked by each workman employed .in the execution of the agreement by CONTRACTOR or any subcontractor under him is limited and restricted to eight hours in any one calendar day and 40 hours in any one. calendar week. Work per- formed in excess of eight hours per day shall be permitted upon compen- sation at not less than one and one half times the basic rate of pay as provided in Section 1815, California Labor Code. THE CONTRACTOR and all subcontractors shall keep accurate records showing the name and hours worked each calendar day and calendar week by each workman in accordance with Section 1812, California Labor Code. In the performance of the terms of the Agreement, CONTRACTOR . agrees that he will not engage in nor permit such subcontractors as he may employ from engaging in discrimination in employment of persons because of race, color, national origin, ancestry, or religion. Pursuant to Section 1771 of the Labor Code, CONTRACTOR is required to pay the general prevailing rate of per diem wages for each laborer or workman performing any work under this contract. SECTION 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 progress of the work; all questions as to the acceptable fulfillment of the contract on the part of the CONTRACTOR; all questions as -to the interpretation of the specifications; and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions. When condition of a maintained area is determined by Director to be substandard due to inadequate or improper maintenance, monthly payment may be withheld until such condition is resolved to the '$atisfaction of the Director. . SECTION 7. PROSECUTION OF 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 contract and a separate bond to secure payment of persons performing labor and furnishing materials in connection with this contract, each bond shall be in the amount of not less than one Hundred Percent (100;.) of the annual amount of this contract. -13- ' SECTION 9 . • INSURANCF: CONTRACTOR Pall maintain insurance coverage appropriate to protect against all risks arising from, or connected in any manner with, the subject matters of this Agreement, acceptable to the CITY, effe--tive on the first -day of operation and in full Force throughout the full term of this Agreement. The policy or policies ;hall be underwritten by insurors admitted to operate in the State of California, or acceptable to the Department of Insurance, on forms no less broad in the scope of coverage than standard forms. Each policy of insurance shall name the CITY as additional insured; provide for 30 days written notice to the CITY, of cancellation, material change, and/or intention not to renew; allow for seve+-ability of interest of CITY; be primary and non- contributing with insurance maintained or self-insured by CITY; and be endorsed with a standard waiver of subrogation in favor of CITY. CONTRACTOR agrees to deposit with CITY, on or before the time coverage is required to be in effect, certificates of insurance in duplicate to satisfy CITY 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 4 . 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 may 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 writing of any required changes in insurance requirements and should CONTRACTOR fail to deposit copies of acceptable insurance certificates or policies incorporating such changes within sixty (60) days of receipt of notice, such failure shall 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 the indemnification provisions and requirements of this Agreement. Notwithstanding said policy or. policies of insurance, CONTRACTOR shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence connected with the Agreement. CONTRACTOR shall when requested by CITY or its insurers cooperate with both, and provide information necessary to the defense of claims or suits, and shall refrain from any acts or statements to others which could be prejudicial to such defense. SECTION 10. CASUALTY: All casualty policies must name the City of San Juan Capistrano as an additional insured. Entire limits of -14- Ability maintained at be certified but in novent shall limits be f,'ss than specified hereinbelow. Any aggregate limitation of liability ;hall be separate as to the rusks arising out of the subject matter of this Agreement. Coverage MINIMUM Limit Workers Compensation & Employers Liability $100,000 The Contractor shall carry comprehensive general and automobile liability insurance in an amount not less than $500 , 000 combined single limit of liability. Costs of insurance ,are to be included by the Contractor when determining his bid. SECTION 11. SAFETY: CONTRACTOR agrees to perform all work outlined in this contract in such manner as to meet all accepted stan- dards for safe practices during operations and to maintain safe conditions of premises and ways at all times, including safely stored equipment, machines, materials or debris, protected excava-_ions, or other hazards consequential or related to his work; and agrees additionally to accept the sole responsibility for complying with all applicable local, County, State or other legal requirements including but not limited to full compliance with the intents and terms of the applicable OSHA and Cal/ OSHA safety orders at all times, so as , to protect all persons, including CONTRACTOR employees, agents of CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. Crimes, thefts, vandalisms, hazards, etc. shall be initially reported by phone followed by confirmation in writing to 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 may be the owner of the property. In addition to the liability imposed upon the CONTRACTOR on account of personal injury (including death) or property damage suffered through the CONTRACTOR' S negligence, which liability 'is not impaired or other- wise affected hereunder, the CONTRACTOR assumes the obligation to save the CITY harmless and to indemnify the CITY from every expense, liability or payment arising out of or through injury (including death) to any person or persons or damage to property (regardless of who may be the owner of the property) of any place in which work is located, arising out of or suffered through any act or omission of the CONTRACTOR or any subcontractor or anyone directly or indirectly employed by or under the supervision of any of them in the prosecution of the operations included in this contract. -15- SIXTION 13 , CONTRACT P•XTTNSION: �I he event CONTRACTOR fully complied wl all terms and condition this contract, as ,cermined in the sole discretion of CITY ' S .Director of Public Works , ;ONTRACTOR 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 at least 30 calendar days prior to the date on which the contract or an extension thereof would otherwise have terminated , and the. Director upon his determination that CONTRACTOR has complied with all terms and conditions of this contract may either grant the extension or submit the request to the City Council for approval or denial in the City Council ' s sole discretion. In no event shall the total term of this contract, including all extensions, exceed 36 months. SECTION 14 . CONTRACT TERMINATION: Any other provisions .herein to the contrary notwithstanding , and in addition to other methods of termination provided for herein or available under the laws of the State of California, it is agreed that this Agreement shall terminate sixty (60) days after written notice of intent to terminate which may be given by either party to the other party of the Agreement. SECTION 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. CITY OF SAN JUAN CAPISTRANO Dated December 7, 1478 KENNETH E. PRIESS, MAYOR -16- • CONTRACTOR Datcd TRANSCONTINENTAL FACTORS, INC. Name By By ATTEST: M�An�/llahover, CitClerk APPROVED AS TO FORM: City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 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 Park and Parkway Maintenance, Descanso Park and Specified Parkways , executed by the Mayor of the City Council of the City of San Juan Capistrano, California. Mary Ani/ anover, City Clerk • -17- The -gontract for the 0-k will be awarded to th�owest responsible binder complying with these instructions and wit the "Notice Inviting Bids. " The Citv, however, reserves the right to reject any or all bids and to waive any nonconformity in the bids received. The bidder to whom the award is made shall execute a written Contract with the City and furnish the stipulated bonds withinfifteen (15) days after the notice of award of contract. The Contract Agreement shall be made in the form adopted by the City. The release• of the successful bidder' s surety deposit, as previously stipulated, shall be made upon the City' s acceptance of the Labor and Materials Bond and the Faithful Performance Bond. ' If the bidder to whom the award is made fails to enter the contract as . herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder. shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. Within ten days after the awarding of the contract, the City will returyi the proposal guarantee accompanying each of the proposals which are rejecte 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 annual amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less tha one hundred percent (100%) of the total annual amount of the' contract. Said bonds shall be secured from a surety company satisfactory to the City.Suret companies, to be acceptable to the City; must be -authorized to do business in the State of California and be on the accredited list of the United States Treasury. Time of Performance. The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently prosecuted for a period of twelve (12) months. Assignment of Contract. No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, -or of funds to be received thereunder by the Contractor, will be recognized by the awarding 'authority and the surety has been given notice of such assignment in writing and has con- sented thereto in writing. Workmen and Wages. Attention 4_s specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall - -10- • 1 nat. be less than preAing wage rates determinoby the City pursuant tO said Code and as listed in the "Notice Inviting Bids, " • -11- Immuzaaa Y2KI95�ed Pa�Kwa Yj. aUJ> tCi�T1a:r�J� .2av! o1d� • isaN-2eFc�µ��61� Tues I �lo�embe �' I1:00a.ml • GJA Op21VINb Transcontinental FACTORS INC. P. 0. Box 4119 San Clemente, CA 92672 • City of San Juan Capistrano City Hall 32400 Paseo Adelanto, San Juan Capistrano, California • SEALED BID Park and Parkway Maintenance Descanso Park and Specified Parkways November 28, 1978 11:00 a.m. A r MEMBERS OF THE CITY COUNCIL �1 I ANTHONY L. BLAND LAWRENCE F. BUCHNEIM .' KENNETH E. FRIESS dn196:961 1 Io 1p GARY L. HA USDORFER 1776 V76 PHILLIP R. SCHWARTZE • CITY MANAGER STEPHEN B JULIAN January 24, 1989 Tracy and Haigh Landscaping, Inc. 22421 Gilberto, Suite A Rancho Santa Margarita, California 92688 Re: Completion of Camino Capistrano Bridge Landscaping Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held January 17, 1989, adopted Resolution No. 89-1-17-2, accepting the work completed for the construction of the Camino Capistrano Bridge Landscaping Project, in the amount of $78,264.35. A copy of Resolution No. 89-1-17-2 is enclosed for your information. The retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on January 19, 1989; therefore, the final payment, in the amount of $7,826.44, may be released on February 23, 1989. Thank you for your cooperation. Very truly yours, / ^ Mary Ann anover, CMC City Clerk MAH/cj Enclosure cc: Collins Diversified HMI Holdings, Inc. W. W. Ballreich Fred C. Stoffel Director of Public Works Director of Administrative Services Accounts Payable 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 List-25 January 17, 1989 - Agenda Item Camino Capistrano Bridge Landscape Project Collins Diversified 270 S. Bristol Street, Suite 101 Costa Mesa, California 92626 HMI Holdings, Inc. 10150 Lower Azusa El Monte, California 91731 W. W. Ballreich P.O. Box 1328 San Clemente, California 92672 Fred C. Stoffel 3861 Calle Del Establo San Clemente, California 92672 Tracy and Haigh Landscaping, Inc. 22421 Gilberto, Suite A Rancho Santa Margarita, California 92688 STATE OF CALIFORNIA GEORGE DEUKMEJIAN G&ro , DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS 525 GOLDEN GATE AVENUE SAN FRANCISCO 94102 4 ADDRESS REPLY TO: NOTICTG OF NONCOMPLIANCE WITH CALIFORNIA LABOR CODE P.O. BOX 605 RESARDING RATIO OF APPRENTICES OR REQUEST FOR SAN FRANCISCO, CA 94101 CERTIFICATION TO 'TRAIN Tracy & Haigh Landscape CERTIFIED MAIL 22421 Gilberto, Suite A REIU1N RECEIPT Santa Margarita, CA 92688 REQUESTED Public Works Job Site Awarding Bodv Camino Capistrano Bridge Landscape City of San Juan Capistrano Ave. Padre to I-5 South Ranps 32400 Paseo Adelanto San Juan Capistrano, CA 9207-) Occupation: Irrigation Fitter On behalf of the Pciministrator of Apprenticeship, I have reason to believe that you are in noncompliance with the provisions of Section 1777.5 of the Labor Code. (Excerpt of Labor Code Section 1777.5 enclosed. ) You have 10 days subsequent to the receipt of this Notice in which to meet with the Administrator's representative, designated below, to dete 3 those methods, procedures and/or requirements in order to cotcply. '1 Administrator's Representative: , �l[40 Lucille Acosta, Sr, Consultant 28 Civic Center Plaza, Room 525 Santa Fina, CA 92701 JAN .1 1989 714-558-4126 cm of SAN JUAN CAPISTRANO j CALIFORNIA \, Should you fail to meet with the Administrator's representative, or fail .to,., . couply with the requirements, procedures for determination of willful non- compliance will be initiated pursuant to Labor Code Section 1777.7 and Title 8, Section 234 of the California Code of Regulations. Manner of Noncompliance: Certification ( ;0 Training Fund Contribution Ratio ( ) COIL W. IN Chief GAI:RT:tun Enclosure cc: Awa dingt L. cos awl DAS FORM 42 (Ray. 1/e3)1-rea ,dm. S952 &ac 3C r" STATE OF CALIFORNIA R • GEORGE DEUKMEJIAN, G.. , DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS 28 Civic Center Plaza, Room 525 , Santa Ana, CA 92701 Phone: (714) 558-4126 DATE: February 7, 1989 CERTIFIED MAIL - R.R.R. SUMMARY OF DETERMINATIONS CONCERNING NOTICE OF NONCOMPLIANCE WITH CALIFORNIA LABOR CODE REGARDING RATIO, OF APPRENTICES OR REQUEST FOR CERTIFICATION TO TRAIN RESPONDENT: SUB-CONTRACTOR: Tracy & Haigh Landscape . 2241 Gilberto, Suite A . Santa Margarita, CA 92688 PUBLIC WORKS JOB SITE: AWARDING BODY: • Camino Capistrano Bridge Landscape ✓ City of San Juan Capistrano • Ave. Padre to I-5 South Ramps 32400 Paseo Adelanto San Juan Capistrano, CA 92675 OCCUPATION: IRRIGATION FITTER As per conversation on 2-7-89 , I acknowledge that we discussed the Notice of Noncompliance with California Labor Code regarding ratio of apprentices, request for certification to train, and contributing to training funds, dated (no date) (see attached) Respondent, represented by MIKE TRACY , is hereby notified that within ten (10) days upon receipt of this letter, the Administra- tor ' s Representative, identified below, must receive satisfactory proof by the Respondent concerning compliance with California Labor Code, Section 1777 .5, to wit: Shall . . . . apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. " Shall . . . . employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards." Shall . . . . " contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as the other contractors do, but where the trust fund administrators are unable to accept such funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council." Continued . . . . . OAS-42A (REV. 0-83) LYA:mbn CC: City of San Juan Capistrano -2- N \ CITYO 1989OF CITY OF I,O _8/25/88 '1L.' rola _ Iyi Y PP,,h;P IP]SURANCE SERVICES 22976 EL EL TORO ROAD --- ---- EL TONG , CA 92690 kAGE 71L 951 0200 - - -_- GOLDEN EAGLE INSURArCK CO-r FARKWEST LANDSCAPE,INC . TRACY k HAIGH LANDSCAPE,INC PARK LANDSCAPE MAI17TENAVCE 2241 CILBT'.F.TO RANc1.O SANTA I AR.�,t1=A, CA. 92688 tJVE Fi4p T POLICY t.I�yjy�@R ,=,T, T WITH .I jCgC:LlaS CRIBED _XC_ HH /11 as^Ez _E*'�""t";TS HCL5AND5 FE C'II ITY I ECCE-Sti LIAE'L 17 ' F eF _- TI X INORKEHIS COMPENSATION — - PWC 059640 9/01/889/01/89 ICfl °`"T Ah[� .4-TjOo --- — SF t0 CM1T, EMPLOYERS' LIABILITY -- "J „- —i IGO I LMPIOVEEI OTHER 1 -- i pt'dc RIPT1c,N rIr- nERunorvs'L ULAT luNs vr.-icLL! 5L't-r lA�_ 1•E- �` $IiOUI_L aEd. C:F 1I 6 L,Fr':C PE6,C.IBFD POLICIE5 BE CANCELLED CITY OF SAN JUAN CAPISTRANO BIInrt,lU T, l irI,ID4 , 7HL ISSUING COMPANY 321F00 PASEO ADELANTE `'"I 11 " ' r UAVS WRITTEN NOTICE TO SAN JUAN CAPISTRANO. CA 92675 � " � ` - ` ' 0 0r,;= I FFT, CIR FAILURE TO �1L `Ct h ' 1 II E C'BI_IGA R R OR SENT ITV OF AW' I(IHI ('F'F! I COFII ANS IT5 AI FHTS OR RFPR FSENTATIVES. AUT I( ]LF U RE PPF SFTJT.ai I RMA-I [ON ONLY G c0,IERAGE F 0..A-CON 11*N E N T 12,1 f.IT U H I I f C H.A—C 0 N.11.1,,!E.m-T c,A u(11 1 P CY 8 lit"tIGH I N D S P I. I. L.F:F F,, f 11 II III to-IF.,f*,*F,I1.,, 1, 11 1.1 1"688 D 1,C.l L D F H E A G I E' E I,A`At 1 n>nrF V, F 3 )VI FOR FITE POLICY ,rj II 11TIE'L1211 I ''I )rJ ?N Or I A( 1ILF1 DOCUMENT WITHL, 111Z r Irl 'I ji) A' I R I "(,L (CIES DESCR18F 1) A I I v i r111E, INIHOUSANDS "I'llIf ATL I. 9004'q9369 8 I-D 5 2'l 9: x Y x V ['I 11s 'j—[ I%J, A, I,:NiOBI(.E AABJ1-ITY i .1),A 4 q 93 6 8 Eat / :;?a9 Xi EXCESS LIABILITY ['I--4 1 0:1../0-7- 9./()1 ,/-8 E-4 VVORKERS CONIPENSATLIN 111 CIM,N, AND 14 50 0 F I I I T EMPLOYERS' LIABILITY -- e.) IIs 11L LII, I MPL()YF F H-E-R- e/Ov LIFIT10O OF Orlf PAT I,,r,nrqs,,i I S E E. A I I A C H E 1) F 0 R A D D.I.T.1 0 N A L 1.N S U Fl- 1) I N.F 0 R 11 A T.1 D N ,I L) IIII I 13','F I' ',(-WRI Il"I GIF� HE CANCELLED 1 11 1 "IF I,5LIING COMPANY L 30 �A',SWIIII TEN NOTICE TO C11 Y Cif: SAN. JUAN CAPI I STF'AND 1 IT I �,r l� I I I F �r ria ,3,.Z1()() PASEO ADELAW11 SAN JUAN CAPISIF.AH.C.) CA 92675 ROSE E T A M E:0 R,R.r.N 0 7, 21F GL 20 00 KP 01 7? 1 This endorsement forms a part to which attachedr effective on the ineeption date of the policy unless otherwise stated herein , ( The following information is required only when this endorsement is issued Pubsequent to preparation of policyQ Endorsment Effective ! yyp... Policy 00 , 14H12269 , End , No , ............... Named Insured ! Add ' l Premium rpunter signed by. .......................... ' authorized representative - ---------- --------- I by the provisions of the polihy relating to bhe following ! COMPREHENSIYE GENERAL LIABILITY INSURANCE MANUFACTURERS -- ----------------- ADDI:I I:ONAL INSURED ( Owners or Contractors ) Schedule Name of Person or Organization Location of Covered Operations CITY OF SAN JUAN CAPISTRANO CAMINO CAPISTRANO BRIDGE A CITY ' S ELECTED 8 APPOINTED OFFICIALS LANDSCAPE PROJECT Premuim Bases Rates Advance Premium Bodily Injury LiaW Cost TBD $100 of cost $ AT AUDIT Property Damage Liab , Cost $100 of cost $ AT AUDIT Total Advance Prem , $ It is agreed that ' 1 , The " Persons Insured ' provision is amended to include as an insured the person or og ranizan d bh tionameaove ( hereinafter nfteald ad r cle " ditional. insured" Ay but only with respect to liabiltiv arising out of ( 1 ) operations performed for the additional insured by the named insured at the location designated above or ( 2 ) acts or omissions of the additional insured in connection with his general supervision of such operations , 2 , None of the exclusions of the policyy except eNlusions ( a ) ; WKW094 QW ( j ) and ( m ) p apply to this insurance , 3 , Additional exclusions This insurance does not apply , a to bodily injury or property damage occurring after ( 1 ) all work on the project ( other Lhan servicer maintenance of, repairE ) to be performed by or on behalf of the additional insured insured at the site of the covered operations has been completed or (2 ) that portion of the named insured ' s work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations For a principal as a part of th same project2 (ED 01 73) (b) to bodily' injuryle property damage arising Ok of any act or omission of the additional insured or any of his employees other than general supervision of work performed for the additional insured by the named insured; (c) to property damage to ( 1 ) property owned or occupied by or rented to the additional insured (2) property used by the additional insured (3) property in the carer custody or control of the additional insured or as to which the additional insured is for any purpose exercisin4 physical controls or (4) work performed for the additional insured by the named insured it Additional Definition When used in reference to this insurances 'work' included materialsy parts and equipment furnished in connection therewith. i CALIFORNIA PRELIMINARY NOTICE 1667091 IN ACCORDAITH SECTION 3097 AND 3098, CALIFOR CIVIL CODE THIS IS NOT A LIEN, THIS IS NOT *LECTION ON THE INTEGRITY OF ANY TRACTOR OR SUBCONTRACTOR YOU�A �2HE Y NOTIFIED THAT . . . Wit`f Naunan'a NwEh (name of person or firm furnishing labor, services,equip- ment or material) CONSTRUCTION LENDER or Reputed Construction Lender,'if any 8665 E. Du AU Road (address of person or firm furnishing labor, services, San &bAi,ii 91775 _ equipment or materian has furnished or will furnish labor,services,equipment,or materials of the following general description: noKe PCant Mate&Zi (general description of the labor, services, equipment or material furnished or to be furnished) for the building, structure or other work of improvement located at:San Juan Budge Job 0 88-01 FOLD HERE s r e CapiAtnaw C"PutAwt1figill The name of the person or firm who contracted for the purchase of such labor,services,equipment or material is: TAli 6 Haiah _ (name and address of person or firm) 0 99491 Gil Ato Cuife A _ OWNER or PUBLIC AGENCY or Reputed Owner (on public work) ROWAo axtaaAg ha Z&i C q 6RR W (on private work) An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: N F $ (Dollar amount must be furnished to construction lender E Uty o6 San Juan Cap 6t4a la —optional as to owner or contractor) 32400 Paseo AdetanteTrust Funds to which Supplemental Fringe Benefits are RSan Juan CabpiAtuno, Ca. 92675 Payable. (Material men not required to furnish) L J -- (name) (address) CConstruction loan no. (if known) (name) (address) 0-FOLD HERE (name) (address) P (name) (address) Y o NOTICE TO PROPERTY OWNER If hills are not paid in full for the labor, services, equip. 11i" ment, or materials furnished or to be furnished, a me- "f- u chanii s lien leading to the loss, through court fore. 7r c-' M closure proceedings, of all or part of your property being > --OWGINAL CONTRACTOR or so improved may he placed against the property even 3W-Lyuted Contractor, if any though you have paid your contractor in full. You may wish to protect yourself against this consequence by (t) Ix Ii C.�Q Q requiring your contractor to furnish a signed release by L, the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. t,Aidl i ffa49K Dated: May 25_-1999 224`4.2j1,�Gttbi!l Salta i1 .� fti Aedit ager>e Man Ramho, .iiV{µa lymi.ftp CA.9 d8O signature 61 p (title) �;} 00�� Telephone Num her O 795-2895 This form (No. 59311ises 1/80) ©Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213)382-7151 /7orman 6 /1urdery, Jnc. Vls"' 8665 EAST DUARTE ROAD SAN GAEIRIEL, CALIFORNIA 91775 (BIB) 795-7895 CAe a'fSRA -/ Date May 17, 1988 TO: City of San Juan Capistrano RE: Tracy & Haigh Landscape 32400 Paseo Adelante 22421 Gilberto, Suite A San Juan Capistrano, CA 92675 Rancho Santa Margarita, CA 92688 JOB SITE: Camino/Capistrano Bridge San Juan Creek Rd. & Camino Capistrano San Juan Capistrano, CA Genttemen: When making payment6 on the above mentioned job, we ake aeque,&tEng that you pay by JOINT CHECK ONLY, payable a6 boltouu: TO: Tracy & Haigh Landscape, 22421 Gilberto, Ste. A, Rancho Santa Margarita, CA 92688 AND TO: Nortman'a Nur6e)y, Inc. , 8665 E. Duarte Road, San GabnieC, Catibonn.ia 91775 We ane supplying ptant matehi.at,6 bort the above nebetenced project. Th.i.6 joint check Aequeet i,6 bon plant matex af,6 only. t10tfaA amountb ob plant mte>tiat6 will be eupptCied on 6tanda&d matehi,a£ Aeleabe bonmb a6 nequi ed, on on youA bonm6 .ib euppCied to u6 pnioA to payment. Thank you bon youA kind eoopehation .in th.ie rtegand. S.inceAefy, M. vaw Credit ManageA ACCEPTANCE OF ABOVE BY: gnatuAe Titte Ki.ndty .sign and return one copy ob this request by netuAn mail. Thank you. Th,i,6 .i.6 not a nebtection on the i.ntegn,ity ob any eonthactor or 6ubcont actor P� OT Orman d urdery, nc. 8665 EAST DUARTE ROAD SAN GABRIEL, CALIFORNIA 91775 161a1 795-7895 Date May 17, 1988 TO: City of San Juan Capistrano RE: Tracy 6 Haigh Landscape 32400 Paseo Adelante 22421 Gilberto, Suite A San Juan Capistrano, CA 92675 Rancho Santa Margarita, CA 92688 JOB SITE: Camino/Capistrano Bridge San Juan Creek Rd. 6 Camino Capistrano San Juan Capistrano, CA Genttemen: When making payment6 on the above mentioned job, we ate Aequeat,Lng that you pay by JOINT CHECK ONLY, payabte to bottowa: TO: Tracy S Haigh Landscape, 22421 Gilberto, Ste. A, Rancho Santa Margarita, CA 92688 AND TO: Nohman'e Nuheehy, Inc. , 1665 E. OuaAte Road, San Gabhtet, Catt.bohnia 91775 We ate eupptytng ptant matehiatA Joh the above u 6eaeneed ptoject. Th.ia joint check uRueat .ca 6o,% ptant mateA ate onty. VoUvA amounts o6 plant mzteniale wi.tt be eupptied on etandaAd mateniat neteaee Johm6 ab hequined, oh on youA Johma t6 buppti.ed to ue ph.ioA to payment. Thank you boa youh kind coopewti.on in th,ie Aegatd. S.incenety, mt ava)w CAedit ManageA ACCEPTANCE OF ABOVE BY: Signatute e Kindly d-ign and Aetunn one copy o6 th,i,6 ke.quczt by Aetuhn ma.i.t. Thank you. Th.it is not a Ae6teetion on the .i.ntegnity o6 any conthactoA oA dubcontnactoA 3 4� 77orman J //ureery;, inc. 6665 EAST DUARTE ROAD SAN GABRIEL. CALIFORNIA 91773 fH y p 16161 79S-7695 U,ZV OF / P� v"'�", �°°' Date May 17, 1988 TO: City of San Juan Capistrano RE: Tracy & Haigh Landscape 32400 Paseo Adelante 22421 Gilberto, Suite A San Juan Capistrano, CA 92675 Rancho Santa Margarita, CA 92688 JOB SITE: Camino/Capistrano Bridge San Juan Creek Rd. & Camino Capistrano San Juan Capistrano, CA Gentlemen: When making payment6 on the above mentioned Job, we ane Aequeating that you pay by JOINT CHECK ONLY, payable a6 6ottowe: TO: Tracy & Haigh Landscape, 22421 Gilberto, Ste. A, Rancho Santa Margarita, CA 92688 AND TO: Nown'6 Nuueay, Inc. , 8665 E. OuaAte Road, San GdWet, Cati6onnia 91775 We ane eupptyc.ng plant ma.tetia& 6oA .the above Ae6enenced pRoJect. Th.i6 joint check Aequut .c6 6oA ptant eatehiate onty. Votta)t amount6 o6 ptant wteA,iat6 v)W be 6upptied on Atandaad mate&W Aeteaae 6onm6 a6 Aequi e.d, on on your 6nnm6 t6 euppt.ied to ue pAioA to payment. Thank you 6oA your kind coo enation .cn th" Aegaad. SineeUty, LA�2 /HgTE�qL t-�S+'o o, �,,tE4T ,�.ssseic.g�•v ?.vsutia-•t.�E G, 73� X00 M. vona S u 8 Sr CAedit Nanagek !✓1�5 6 �eva�2 ,46 �S 5-:re-1 mum TQC ne ACCEPTANCE OF ABOVE BY: �nvG�Sd��n? die e,- , 7Zy akfe5 --� 17 o re ler I ,.e e f� zowie al die SignatuAe Titte e,�y 7-'-01-- s K.indty sign and Aetunn one copy o6 thiA Aeque6t by Aetunn malt. Thank you. Th.i.6 .c.6 not a Ae6tection on the .:.ntegA ty o6 any contaaeton ort 6ubcont actoA i NOTIFICATION OF MATERIAL SUPPLIER �^moi. _�,.Ji. �.V.•'Py...c STREET } s,y{ L�.•y�•c..`ti. ZIP STREET ADDRESS— ZIP C1 CODE CITY • A�1��t".Iris - :'y� fila ! "� fir" •tr ' y Y° qe �'ya•�3 L w�. 1p�1ADDRESS A , NAME STREET ! � "^!-��°,• �4'�,-`,rtes t '�; CITY STATE CODE NAME %a%yj2t yfrr�v:; _! s •: •'• • �fyy�.� '�-i Pim ♦" 7 �>,.7 STREET CITY STATE j, •3- f � .'7��. ;:.S�.t, -v ...�..r ` �� . . .Y>� ��tt� J', tl'n j:� {i�'•-ra"�iK^+ ��A�.}� � a ,4 � 'd �. . r- 'Iie ia`'y.C� .+_� iw ' ^ fGlJ�1'6 }� ti!/ •. . 09 if! 1 1 1 1 .I 4;44, CAR D,!/Oajr E 6�iVDf4f.'L CALIFORNIA PRELIMINARY NOTICE IN ACCORDANCE WITH SECTIONS 3097 AND 3098, CALIFORNIA CIVIL CODE C jf!f>7B THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR t. YOU ARE HEREBY NOTIFIED THAT 4. The name of the person or firm who contracted for the purchase Z ❑Jobsite is Fe�e al Public Work Tit1940 USG Sec. 270A-270E. HYDRO--Sl--.APE PRODUCTS of such labor, services, equipment or material is: Contract Numbep 5805 KEARNY VILLA ROAD TRACY & HAIGH LANDSCAPE Bonding Company -- -- - SAN DIEGO, CA 9211:3 �/�` 1017 t_. CHESTNUT NOTICE TO PROPERTY OWNER SANTA ANA, iAl— iii«#_ If bats 2. has furnished or will furnish labor, services, equipment, or 5. An estimate of the total prig of the labor,services,equipment or �not paid in full for the labor, services, equipment, or materials materials of the following general description: materials furnished or to be furnished is: furnished or to he furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings, of all or part of your properly being so I PR I GATT ON\LANDSCAPE SUPPLIES improved may be placed against the property even though you have paid 10OLS,F"ERT I L I ZERsa & CHE M I CALM Your contractor in full. You may wish to protect yourself against this consequence by(1)requiring your contractor to furnish a signed rebase by the person of firm--givingyouthis notice before making payment to year 3. for the building, structure or other work of improvement located 6. Name and Address of Trust Funds to which Supplemental Fringe contractor or(2)any other method or device which is appropriate under the at: Benefits are Payable. circumstances. 8601 SAN JUAN BRIDGE SAN- CAMINO CPK RD/[„API- Dated: OS/t1;3/88 sTRANU,:iAN ,IUAh1 CAPISTRANOaCA. Yryz—,A. I).t_, UNKNOWNPresident 4t:, (Signature) (Title) fdk f"tJl Ell UWNEh': Telephone Number (619) 693-8871 fdiaPF,ITED LE-NDEks Rt_PUIED ORIGINAL I-ONTRACTQ e • G()NTRAt;T NO. e 12-6900 -4/()3- C I FY UT SAN JUAN CAPISIk'ANO IF'AI Y & HAIGH LANDSCAPE 103--3()8 32400 VAST U ADI=LAN I'U 22421 U 1138ER f U #A BOND CU. : GREAT AMERICAN SAN JUAN f API57kANU,I::A, RANCHO SANTA MARGARuA,I_A. INS.CLI. ,UR.ANUL, k-A. '3�26- /5 926U8 ©COPYRIGHT 1987 CONSTRUCTION NOTICE SERVICE: INC.,SAN DIEGO,CALIFORNIA•(619)en3-8871 (U � ri x a7 P, - Int GMr G/i AuA fd.br CALIFOR, A PRELIMINARY tOTICE 1629796"` �. INA H SECTION 3097 AND 3098, CALIFORN IVIL CODE THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT . . . G- -Sullivan Concrete Textures _ (name of person or firm furnishing labor, services, equip- ment or material) CONSTRUCTION LENDER or Reputed Construction Lender, if any _P.I C 1890 (address of person or firm furmshmg labor, services, 2 f i 3 ('osta 18e88LCA _92628-- equipment or material) p� has furnished or will furnish labor,services,equipment,or RRIYCO materials of the following general description: s' HOmBnite MAY031988 (genera( description of the labor, services, equipment or Only OF material furnished or to be furnished) p SAN JUAN CAPISNIANo for the building, structure or other work of improvement !� CALIFORNIA located at: Camino Canistrann "'•.� - - FOLD HERE (atltlress or lest rip tion of job site Bridge Medians S.J.C. sufficient for identification) The name of the person or firm who contracted for the purchase of such labor,services,equipment or material is: Tracy s Haigh Landscape,Inc. (name and address of person or firm) 22421 Gilherill Suite A O OWNER or PUBLIC AGENCY or Reputed Owner (on public work) Rancho Santa Mar., ,_ CA _926AA W (on private work) An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: N $ E (Dollar amount must be furnished to construction lender City of San Juan Capistrano —optional as to owner or Contractor) 32400 Paseo Adelante San Juan Capistrano, CA 92675 Trust Funds to which Supplemental Fringe Benefits are R Payable. (Material men not required to furnish) L J _Lllidxreras Trust Fund 2999 _ _ (name) (address) C Construction loan no. (if known) w. 61th St., Los Atx eelesl cA 90010 (name) (address) O FOLD HERE Cegmt Mason's Trust Fund (name) (atldress) P 9700 Flair Dr., El Monte, CA 91733 (name) (atltlress) Y NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services,equip• ment, or materials furnished or to be furnished, a me• chanii s lien leading to the loss, through court fore- closure proceedings, of all or part of your property being ORIGINAL CONTRACTOR or so improved may be placed against the property even Reputed Contractor, if any though you have paid your contractor in full. You may wish to protect yourself against this consequence by (t) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. ?SaCy Haig3s =gam, Dated: April 29, 1988 224*1 Gilblartot Saite A R^04*0 Santa x"434tritaa CA 92"s R ® signature (title) f} �(r[ t("1/°'t�felephoe.Number(_ 714 ) 556-7633 This form 94 Revised 1/80) 9 Copyrighted by and distributed through BUI LDING INDUSTRY CREDIT ASSOCIATION (:It 3) 382-7151 CALIFORNIA PRELIMINARY NOT) rat" c"jv "i0C uf,rosu��N4 .�',eilTecf YOUR ATTENTION IS DIRECTED TO SECTIONS 3098 AND 3111,CALIFORNIA.CIVIL CODE WHICH REQ US TO NOTIFY YOU "THAT IF BILLS ARE NOT PAID IN FULL FOR LABOR, SERVICES, EQUIPMENT ATERIALS FURNISHED, OR TO BE FURNISHED,THE IM W0VED PROPERTY(WHICH IS DESCRIBED HEREON) MAY BE SUBJECT TO MECHANICS' LIENS." (THIS STATEMENT IS APPLICABLE TO PRIVATE WORK ONLY.) THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. 18 YOU ARE HEREBY NOTIFIED: T L ' DATE r"1Av. )bu THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION: (NAME) (DESCRIPTION OF MATERIAL) VISI' ? Gn),Tc ..1 (ADDRESS) INDIVIDUAL OR IT ,J ( L1r:::� )Z�Ti O >�:it U,1:ri 1, 'r '.(. i r,�: (, FfRM (Cay) / (stare (Zw) i By 'i ,11�' `-V '\ ,. _?s.Y' _ ('APIS CPANO ,:ISI;:)]. --- (SIGNATURE) ~ }-'-'R (ADDRESS OF BUILDING,STRUCTURE,WORK OF IMPROVEMENT) 'T��:� ft �) 1(-,r-.L DITLE) (DATE) (CITY) (STATE) (ZIP) THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF SUCH LABOR, SERVICE, EQUIPMENT OR MATERIAL NOTICE TO PROPERTY OWNER R bills are not paid in full for the labor,services,equipment,or mater- IS L',P A C. '( iv f i 11 I C F� LA "P)CA C A T1.T Iola furnished or to be famished,a mechanic's)len leading to the)cos, through court foreclosure proceedings, of all or pan of your property being so improved may be placed against the property even though you E = T c v a',, ') 1 ' ' I t c} have paid your contractor in full.You may wish to protect yourself against L��21 LSI �Ii...,ll) c'�i�{',)I� .DAu __h AVFLllT i�As �iA �2��i- this consequents by (1) requiring your contractor to furnish a signed releose by the person or firm giving you this notice before making payment to your contractor or(2)any other method or device which is appropriate under the circumstances. 1.i i V 0F TiAN J tJ A C�t TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE E . ;Jf- � ).0 Ate,=.LSlte NAME NER, -NCY C A' ,(IIA (fib P i;TRA )i) CP_ O-267'5 ADDRESS �A NAME n. ± 11:T/ irSil;l-T ��Aiv�,C'.IAPF ADDRESS AA ECOREED ,c:; 1 (✓I L,l�C,i `� NAME % ADDRESS (MATERIAL MEN NOT REQUIRED TO FURNISH THE ABOVE) NOTICE CCONSTRUCTION TO CONSTRUCTION LENDER ONLY i�0 ^� ESTIMATED TOTAL PRICE OF THE LABOR, SERVICES, EQUIPMENT OR MATERIALS DESCRIBED HEREON. q e �� \ d PROOF OF SERVICE AFFIDA ('�``I (SECTION YJR>I,CALIFORNIA CIVIL CODE) Ly RECENE� h }�"(""' =1,11 1:� , declare that served copies of a bove PRELIMINARY NOTICEi eck appropriate bon). (a) ❑ By personally delivering copies to t ' iG (name(s)and tirle(s)of person served) (addigs on 19 at _,m. CIFYOF 01 (date) (nme) SAN JUAN CAP13TflgN0 Q, CALIFOflNIA (b) By First Class Certified or Registered Mail service, postage prepaid, addressed to hof fhe parties at thea resses shown above on 4av 9 19 Y.�',. I declare under penalty of perjury that the foregoing is true and correct. i I Signed at P1,T1 C''i11 T'i„ Colifornro--ort "'^-i-hU �_-- 1.9 [ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED] —� SIGNAT RE OF PERSO MAKING SERVICE 45449 POK(50 SETS)4P449 885 /^ l foo S a,71�g_�f-y�k 11170r6On/eas OWNER COPY CALIFIrNIA PRELIMINARY NOTICE IN ACCORDA, WITH SECTION 3097 AND 3098, CALIFOFWCIVIL CODE 1997054 ` THIS IS NOT A LIEN,THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT... Normans Nursery (name of person or firm furnishing labor, services, equip- ment or material) CONSTRUCTION LENDER or Reputed Construction Lender, if any 8665E Duarte Road (address of person or firm furnishing labor, services. San Gabriel, CA 91775 equipment or material has furnished or will furnish labor, services, equipment or materials of the following general description: Plant Material _ (general description of the labor, services, equipment or .. .. . . . .. ... materiel furnished w to be furnished) for the building, structure or other work of improvement Camino/Capistrano Bridge located at: Sato J^�^ Cres] RA i Cam{n^ FOLD HERE (address or description of job site Cants -nn, Can i vn apiatrano_ Ge sufficient for idemalcation) The name of the person or firth who contracted for the purchase of such labor,services,equipment or material is: Tracy ,d ` (name address of=ASe firm) O 22' 421- C11,�barto s Suite A OWNER or PUBLIC AGENCY W or Reputed Owner (on public work) a h c to argari to_ CA 976SR (on private work) An estimate of the total price of the labor, services, N equipment or materials furnished or to be furnished is: r $ 5 � (Dollar amount must be furnished to construction lender ECity of San Juan Capistrano -optional as to owner or contractor) 42400 Paseo Adelante R San Juan Capist:aeno, CA 92675 Trust Funds to which Supplemental Fringe red toto furnish)are Payable. (Material men rat required furnish) L J (name) (address) CConstruction ban no. /if known) (rerre) (address) O FOLD HERE (name) (address) P (name) (address) Y NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equip- ment, or materials furnished or to be furnished, a mechanic's Ilan leading to the lou, through court foreclosure proceedings, of all or part of your property ORIGINAL CONTRACTOR or being so Improved may be placed against the property Reputed Contractor, if any even though you have paid your contractor In full.You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which Is appropriate under the circumstances. Teary Ra4ft, Lathdseaput Dated: May 17 19RR 32421 "Vigua cfto, ode A Margarita, "9 � - (ra 11t Mrr agar imaebo So*" signature (title) Telephone Number( 8.1$»95-7895 jx This f rm( 99 Revised 1/80)°Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION(213)382-7151 ^_TI TF'TII�P*'T/� P11F,LTMiiNA�R.�' N'[r'[TrF, cq�e�_ *•:^�,-- l�.rc?r�,,t,�,� r('ahlo"at (it,/ C... Sa 70l' acn rt.ruledG •e"te Bo' I '-! Yherpr.t .-1k,11 „rtu Ofor NOTICE TO PROPERTY WNER—If I.W. not p id in full f1 r the Labor s rvices, equipA or matt ri ds tmn•sm• r Io 6 a' in lien leading to the loss, through nrn't fon 11omre proceerin;p, o all or pad of your property beim •o unpn vial Vial b1 t Ii 1 �Ja +St the property even though you have paid your •onteaC10- in fnh. VOL ruay t+nh '8n protect yourself against this ronsec ti,mi s fl l it :out . , ar �contractor to furnish a signed release by the pe:suu or f:cra l ting you tHs or(ice ba)ore making payment to your ronfira for my i Ir r n er rd I or device which is appropriate under the circumstames. 42511. 'this is not a lien. This is not a reflection on the intet'rnn OP any conFractor Or subcontractor. TO: City of San Juan Dated May-1-7,-1988 ❑ _- --- - _ U,I R ❑ 32400 Paseo adelante S.O.# 7413 I ❑ San Juan_Ca istrano. CA 92675 YOU ARE HEREBY NOTIFIED That the undersiEocd has furnished or will nm„h -- -- - labor,services.equipment or m.nenals C'. the toll ing description Let llie building.stiucltire.orothgr an Juan Bridge/Camino Ciapo Bridge work of improvement located co- -1 HE t_-1HF. NAME AND ADDRESS OF THE PERSON WHO CONTRACFED - -- - -- - - ---- FOR THE PURCHASE OF SUCH LABOR, SERVK ES, EQUIPMENT OR rust funds to which supplemental fringe benefits are payable MATERIAL IS: Tracy & Haigh __ - NAME a 22421 Gilberto O U ADDRE9s 04 Ranch o Santa Margarita, CA 92688 W-- - - - '-i SAME H3 O� ADDRESS —— -- ------- Tracy & Haigh I t7; NAME ORIGINAL q� CONTRACTOR 22421 Alberto OR ADDRESS REPUTED ION IRAC TOR Rancho Santa Margarita Material mien not aroma...m)lonnh the abo rr, E Name se seperson firm furnishing H labor,service equipment nHerrmann & Jensen Nursery or Material--- y _ D Address PO Boa 1969 AU Toro, 630 i ith, Vice President .. _-- Date 11-ay-17, 18 __ NOTICE. TO: --- - — -- ---------- - TO CONSTRUCTION LENDER ONLY covsTRU VON I ENDPR Estimated total price of the labor, services. OR --- - — equipment or materials described hereon. REPUIED ('fINSI RUC 11ON ___ _ _ _ _ _ _ ____ _ _ { •SMedCI�J�� . RU ACKNOWLEDGMENT OF RECEIPT OF PRELIMINARY 20-DAY NOI ICF- 42518 (Section 3097 1.CahL Civil Code) Phis acknowledges receipt on _ --_ of copy of thi.praliminary 20-dav notice at a LDaret O U - - - - - - - - - nhrre hprice rrwil,edd,— - - Ii Date:__.— __... _ _ 5C (Durr Mwl”knw0edemcgr is exretrtedl sw....arc o/partum arknl l ]" rq•rrr ,in "'o, nt!, tl erkr, -'re 0 - n/"tall or,mutter pcnau rAdtre f or dreCron¢n r t '11/1.ural Upon reCCIPI of this notice, please detach and sign thi. acknoMedgnicrn and return same to soder u�Halmlton's• PO Box 1300• Dixon Ca 85620 (9t 6)6'&339? \X RECEIVED Mor 13 2 48 Fuego CITY OF SAN JUAN CAPISTRAN-, f l ) CALIFORNIA PRELIMINARY OOTICE IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT ALIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT . . . /// -tAS'i UTiLiT y' SUPPL'`' ( j �.` e Of person or firm furnishing labor, services,eyuip- ��/ or mateal) CONSTRUCTION LENDER ri Reputed Construe E. ORANUEWUC3i) AdE - p "^ s of person or firm furnishing labor, services, 41E:TM, CA �2806 equipment or material) .shed or will furnish labor,services,equipment,or �4 �a materials of the following general description: 000 ` (general description of the labor, services, equipment or L P1PE`I, 1_ITTINGS, MISC MATER eM@i rlj{hMined) 6r for the building, structure or other work of improvement $ hj�f{jj C�j/p�(q�y hlCl AoI rRs', lri —FOLD HERE ddr pt lobsite JUAN CREEK RD t —CAFfTNQ" Eft i1 rncat — The name of the person or firm who contracted for the purchase of such labor,services,equipment or material is: TRAC. r' t HA7(;H L.D'S? -- (name antl address of person or firm) OWNER or PUBLIC AGENCYIT.I or Reputed Owner fon public work) RANCHO SrWN7A i°1E1rit Fifa : 'I f, (on private work) AC AL, eqiAPIg e of the total price of the labor, services, M materials furnished or to be furnished is: . weft`lgtf#asft`s,4r $ _ .t .*0 �z F# y-2` (Dollar amount must be furnished to construction leer nd , 6TyagP. A� �I� i 4�$$Al 3 � ;.a —optional as to owner or contractor) GAPTSTR# JO H - a r " It r y e*va! Trust Funds to which Supplemental Fringe Benefits are :900 PASFb FlDEL AIUfiEPayable. (Material men not required to furnish) (name) (address) Construction loan no. (if known) (name) (address) FOLD HERE (name) (address) (name) (address) NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equip- ment, or materials furnished or to be furnished, a me. chanic's lien leading to the loss through court fore- closure proceedings, of all or part of your property being ORIGINAL CONTRACTOR or so improved may be placed against the property even Reputed Contractor, if any though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. 2A `iS titil ' Ll1StP. It f Dated: 7 ;!T_ - 2 1 0 t LEWIRTO . , tf I1 #b I ,ad t ��ggpp}t� }pt}SETA 1��y r ..4* #KKist101 its ss2 xr''alMnix{i Ake �j. Y ) 6�TCFi 3 I m%I t p s"Al -11'ysignature. r (title) ` f Telephone Number( ) � 3 n�t/�aK This form (No. 594 Revised 1/80) ©Copyrighted b n i n t th rouh BUILDING INDUSTRY CREDIT ASSOCIATION 12131 3827151 OWNER COPY dr►wr � �y MEMBERS OF 1HBLAND E COUNCIL .j ANTHONY L. BLAND LAWRENCE F. BM iESS KENNETH E. FR IESE 1961 GARY L. HA US OORFER 117761 ! 'I PHILLIP R. SCHWARIZE CITY MANAGER STEPHEN B JULIAN April 14, 1988 Bines Construction 3001 1 Ivy Glenn Drive, Suite 103 Laguna Niguel, California 92677 Re: Camino Capistrano Bridge Landscaping Project Dear Mr. Mines: The City Council of the City of San Juan Capistrano at its regular meeting held April 5, 1988, awarded the contract for the Camino Capistrano Bridge Landscaping Project to Tracy and Haigh Landscaping. Lnclosed please find your Cashier's Check No. 03879383, in the amount of $9,930.00 from Security Pacific National Bank, submitted as the bid bond for the above-mentioned project. Thank you for submitting your bid to the City. Very truly yours, Mary Ann Hanover, CMC City Clerk MAI I/drns Lnclusure cc: Director of Public Works Receipt of Cashier's Check No. 03879383, in the amount of $9,930.00 from Security Pacific National Bank, is hereby acknowledged. Dated this 14th day of April, 1988. Hi Co ruct n JIM .5-ML:-1 d1 ,1 F'A`Sr0 4UELANI O, SAfJ JLIAN CAPI6'inANO. CALIFORNIA 92675 0 (714) 493-1171 r f` f MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH� E. UORF ',m[OevOeelto RIESS GARY L. HE.S IfIR101M10 1961 PHILLIP R. SCHWARTZE 1776 • • CITY MANAGER STEPHEN B JULIAN MEMORANDUM TO: Interested Persons FROM: Mary Ann Hanover, City Clerk DATE: April 7, 1988 SUBJECT: Award of Contract - Camino Capistrano Award of Contract - Camino Capistrano Bridge Landscaping The City Council of the City of San Juan Capistrano at its regular meeting held April 5, 1988, took action to award the contract for the Camino Capistrano Bridge Landscaping Project to the low responsible bidder, Tracy and Haigh Landscaping, Inc. All other bids were rejected. Thank you for your interest in this project. If we can be of further assistance, please call. MARY ANN NOVER, CMC MAH/mac cc: Director of Public Works Carlson Landscaping J & R Landscape Maintenance Company, Inc. Hines Construction Artistic Landscape and Engineering, Inc. Collins Diversified HMI Holdings, Inc. W. W. Ballreich Fred C. Stoffel 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 8 (714) 493-1171 CERTIFIC. rE OF 114tURANCE11 . M RMB INSURANCE SERVICES ' ,7976 El T 0 R 0 R 1.) I ,i IV,!-"Il"i 4 F -FORDING U-VERAGE EL TOPO CA 92A30 CNA--CONTINENTAL CASUALTY jY O.'2 c)o CNA"-CONTINENTAL (-,AS Lj A L 1 y TRACY R HAIGH LNDSP 2t.- 2"321. M.1 . I G F R 10 FI S1 MARGARITA C A 92688 I GOLDEN EAGLE lCOVERAGES T II,, IS 10 T,I R I IT I it"', tl/4"J[ I SIIC 'F -" - - III lt2f i t,%1, L )v I, I �� ,:, L WIIII P� sF [It% Ms c� i, I Ii 1( I\it I Ii I I )I I P01 1 it P4 ICIES DE SCRIBED I I R6 NI; U ALL JA i' I I T ITM It, Is TIWUSaNDS A I GENERAL LIABI1 ITY 900+49369 5/25/87 5, 2 5 8 s'i 't I t 000 L 1. x000 A LJTOMOB I LF LIABI L ITY B 00qq936B 5/25/87 5/25/88 ,U 4EXCFSS LIABILITY D WORKERS CtDIMPENFATION P W,C04 0 1.0 3 9/01./87 9 1 1/8 B_ 100 AND ENIPFOYERS JABILITY -ao0 ,1 IYLI OTHFR FEE ATTACHED FOR ADDITIONAL INSURED INFORMATION t t 113 1) VIt ICIF', BF CANCLL[ P) 30 1 A„l T I LN N(%OCE 70 CITY OF' SAN J 1.1 A N CAF�ISTRANID Ah t, I I I L L L I I I monommmomomma 32100 PASEID ADELANTO SAN JUAN CAPISTRANO CA 92e,75 ROSE TAMBORRL z � • • GL =0 09 (ED 01. '3) his endorsement forms a part to which attached: effective on the inception ate of the policy unless otherwise stated herein . (The following nformation is required only when this endorsement is issued subsequent to reparation of policy . ) ndorsment Effective: 3/30/88 Policy No. :900449369End . No. --------- ------------- amed Insured: TRACY-R_HAIGH_LANDSCAPE-INC-__--_--- dd ' l Premium ? AT AUDIT Countersigned by_ (authorized representative ) -------------------------------------------------------------------------- This endorsement modifies such insurance as is afforded I by the provisions of the policy relating to the following: I 1 COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS I ------------------ --------------------- ADDITIONAL INSURED (Owners or Contractors) Schedule y lame of Person or Organization Location of Covered Operations 'ITY OF SAN JUAN CAPISTRANO -CAMINO CAPISTRANO BRIDGE 9 IT ' S ELECTED & APPOINTED OFFICIALS LANDSCAPE PROJECT Premuim Bases Rates Advance Premium odily Injury Liab. Cost TBD $100 of cost $ AT AUDIT 'roperty Damage Liab. Cost $100 of cost $ AT AUDIT Total Advance Prem. $ It is agreed that: I . The 'Persons Insured' provision is amended to include as an insured the =•erson or organization named above (hereinafter called 'additional i.nsured' ) r but only with respect to liabiltiy arising out of ( 1 ) operations --erformed for the additional insured by the named insured at the location iesignated above or (2 ) acts or omissions of the additional insured in :onnection with his general supervision of such operations. Z . None of the exclusions of the policy: except exlusions (a) . (c) , (f) . (g) r ( i. ) r ( j ) and (m) r apply to this insurance . 3. Additional exclusions This insurance does not apply: (a) to bodily injury or property damage occurring after ( 1 ) all work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured insured at the site of the covered operations has been completed or (2) that portion of the named insured ' s work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of th same project: ( b) to bodily inj,.rry or property damaje arising It of any act or omission of the additional insured or any of his employeesp other than general supervision of work performed for the additional insured by the named insured: ( c) to Property damage to ( 1 ) property owned or occupied by or rented to the additional insured (2) property used by the additional insured (3) property in the carer custody or control of the additional insured or as to which the additional insured is for any purpose exercising physical controlr or (4) work performed for the additional insured by the named insured 4 . Additional Definition When used in reference to this insorancer 'work.' included materialsr parts and equipment furnished in connection therewith. r Bond No. 0 IS 0" *— 'remium: $754.00 R l PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Tracy 6 Haigh Landscape, Inc. as Principal, hereinafter called CONTRACTOR, and Great American Insurance Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, In the amount of seventy 'three Thousand Nine Hundred Dolla c and 00/100 Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): 'rhe Canino Capistrano Bridge Landscaping Project which contract Is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain In full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be Included costs and reasonable expenses and leas, including reasonable attorney's fees, incurred by City in successfully enforcing Such obligation, all to be taxed as costs and included in any judgment rendered. —20— v 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall In any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 31st day of March 1988 at Pul.lerton , California. PRI ALS Tracy & 11afgh Landscape, Inc. APPROVED AS TO FORM (NOTARIZATION AND SEAL) J R. SHAW, CITY ATTORNEY SURETY Great American. Insurance Company (NOTARIZATION AND $EAL) Attorney-In-Pact Ron Dennison _ -21- 1 STATE OF CALIFORNIA lss. COUNTY OF Orange )) On this 31st day of March n the year 19 88 , before me, the undersigned, a Notary Public in and for said State, personally appeared Tom Haigh, Vice President & Secretary W)ft , personally known to me J7NNO-rARY OFFICIAL SEAL (or proved to me on the basis of satisfactory evidence)to be the persons who executed the RYCNEALY within instrument m*=bdm%M0 Secrelar res ectivel of the Cor oration therein named, PUBLIC- CALIFORNIAand acknowledged to me that the Corporation executed it pursuant t pts by-laws or a resolu-ORANGE COUNTY1990comm. expires NOVV tion of its board of directors. WITNESS my hand and official sat' LZ At KNOWLE9GM ENT—Corp--Pres 8 Sec—WolcoOs Farm 222CA—Rev 5 92 (�)Iee2 WOLCOTTS,INC. Notary Pu in and for said State. STATE OF CALIFORNIA, COUNTY OF Orange ss. On this 31St day of March ' 19 88 , before me a Notary Public, within and for the said County and State, personally appeared Ron Dennison , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of and for the Great American Insurance Company,and acknowledged to me that he subscribed the name of the Great American Insurance Company thereto as Surety, and his own name as Attorney-in-Fact. I OFFICIAL SEAL _. LAURIE B. EPNER : op.„�:�,,: 5'NOTARY PUBLICCALIfORNIAI PRINCIPAL OFFICE IN Notary Public ORANGE COUNTY )MY COMMISSION EXPIRES APRIL-22,1988 59598 (1/84) (CALIFORNIA ACKNOWLEDGEMENT FORM) GUM AMERICAN INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No.0 13113 THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below, Name Address Limit of Power WILLIAM T. SHERER ALL OF ALL MAURICE Y. NGUYEN ORANGE, CALIF. UNLIMITED RON DENNISON This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 3rd day of November 1987 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON —ss: On this 3rd day of November, 1987 before me personally appeared ROBERT M.SCHUDER,to me known,being duly swom,deposes and says that he resided in Cincinnati,Ohio,that he is the Vice President of the Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOL VED: That the President, the several Vice Presidents and Assistant Vice Presidents,or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-/n-Fact to execute in behalf of the Company, as surety,any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seat of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,RONALD C. HAYES,Assistant Secretary of the Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20,1979 have not been revoked and are now in full force and effect. Signed and sealed this 31st day of March , 19 88 81029K(08/87) Bond No. 6 15 08 32 ++ Premium Included r LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Trac & Haigh Landscape, Inc. License No. 382822 , hereinafter designate as "Principal", a contract for The Camino Capistrano Bridge Landscaping Project ; and WHEREAS, said Principal Is required to furnish a bond In connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used In, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Tracy & Haigh Landscape, Inc. Principal, and Great American Insurance Compact' , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipmT,orporation, in the penal sum of Seventy Three Thousand Nine Hundred Dollars and 100 DOLLARS ($ 73,900,00, lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or .teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 30 Chapter 3 of the Government Code of California as amended, that the surety will pay for the same In an amount not exceeding the sum specified in this bond and also In case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby. stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bopd and It does hereby waive notice of any such change, extension of time, alterat;or) or modification of the contract documents or of work to be performed thereunder. r As a part of the obligation secured hereby, and in addition to the face arnoNnt spgcified therefor, there shall be included costs and reasonable expenses and files, Including reasonable attorney's fees, incurred by City In successfully enforcing spch obligation, all to be taxed as costs and included in any judgment rendered. -22- IN WITNESS VEREOF three (3) Identical counterparts of this Instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 31st day of March 19 88 . The name and corporate seal of eacN corporate party being hereto -affixed- and these presents duly signed by Its undersigned representatives pursuant to authority of Its governing body. _ Trgry & 11,y'Ch 1.anrisranP- Tnr . PRINCIPAL By Great American Insurance Company $U ETY By Attorney-In-Fact Ron Dennison APPROVED AS TO FORM nL -310MIqJR. SHAW, CIT ATTORNEY i -23- STATE OF CALIFORNIA ` COUNTY OF Orange Iss. J I On this 31st day of March 88 in the year 19„ '.' before me, the undersigned, a Notary Public in and for said State, personally appeared Tom Haigh, Vice President & Secretary I aii�X personally known to me =�DOU (or proved to me on the basis of satisfactory evidence)to be the persons who executed the NTY within instrument as fit and Secretary, respectively,of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resole-Eq:N:0TARY IA tion of its board of directors. I1990 ;. r WITNESS my hand and official s I. ACKNOWLEDGMENT—Coro--Pres.8 Sec—Wolcosls Form 222CA—Rev 5 82 �s82 Wotcotrs.Inc. Notary Pub Ic in and for said State. STATE OF CALIFORNIA,COUNTY OF Orange ss. On this 31 St day of March ' 19 88 , before me a Notary Public, within and for the said County and State, personally appeared Ron Dennison , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of and for the Great American Insurance Company, and acknowledged to me that he subscribed the name of the Great American Insurance Company thereto as Surety, and his own name as Attorney-in-Fact. , nn i----- OFFICIAL SEAL LAURIE B. EPNR � € ONI'P� NOTARYPuBLIC-CALIF,—NI;1PRINCIPAL OFFICE IN! ORANGE COUNTY MY COMId!SSION EXPIRES APRIL 22, 1988 1 595913 (1/84) (CALIFORNIA ACKNOWLEDGEMENT FORM) G1Er'1T AINERICAN INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No.0 13113 THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attomey-in•fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power WILLIAM T. SHERER ALL OF ALL MAURICE Y. NGUYEN ORANGE, CALIF. UNLIMITED RON DENNISON This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 3rd day of November 1987 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON —ss: On this 3rd day of November, 1987 before me personally appeared ROBERT M.SCHUDER,to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the Vice President of the Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized,from time to time, to appoint one or more Attorneys-In-Fact to execute in behalf of the Company, as surety,any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I,RONALD C. HAYES,Assistant Secretary of the Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 31st day of March ' 19 88 i 51029K(08/87) -� Rond No. 0 1 UIS _ ' �I • i'remium: $754.00 ,.- - .N PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Tracy & Haigh Landscape, Inc. as Principal, hereinafter called CONTRACTOR, and Great American Insurance Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of seventy 'Three Thousand Nine H ndrgd Dollars and 00/100 Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered Into a (describe agreement): The Camino Caplstrnno Bridge Landscaping Project which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain In full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing surh obligation, all to be taxed as costs and included in any judgment rendered. —20— • Bond No. 6 15 08 32 Premium included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Trac 5 Hai , landscape, Inc. License No. 382822 . hereinafter designate as "Principal", a contract for The Camino Capistrano Bridge Landscaping Project ; and WHEREAS, said Principal is required to furnish a bond In connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we _Tracy 6 Haigh Landscape, Inc. Principal, and Great American Insurance Company re pa , v as surety, are held firmly bound unto the City of San Juan Capistrano, a municip�l} corporation, in the penal sum of Seventy Three Thousand Nine Hundred Dollars and /100 DOLLARS ($ 73 900.00, lawful money of the United States of America, for payment of which sum wellruly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or Its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment insurance Act with respect to such work or labor as required by the provisions of Title It Division S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby. stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect Its obligation on this bopd and It does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. 1 As a part of the obligation secured hereby, and in addition to the face arpount spgcified therefor, there shall be Included costs and reasonable expenses and foes, Including reasonable attorney's fees, incurred by City In successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -22- 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 31st day of march 1988 , at Fullerton , California. PR IP Tracy S Ilaigh landscape, Inc. APPROVED AS TO FORM (NOTARIZATION AND SEAL) J R. SHAW, CITY ATTORNEY SURETY Great American _Insurance Company (NOTARIZATION AND SEAL) Attorney-In-Fact Ron Dennis or. i -21- STATE OF CALIFORNIA ss. COUNTY OF ORANGE On this 31st day of March , in the year 19—E before me, the undersigned, a Notary Public in and for said State, personally appeared Tom Haigh, Vice President & Secretary personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the SEAL within instrument asRcemdecicattd Secretary,respectively,of the Corporation therein named, EALY and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolu- [j=RN0=TAAALIFORNIANTY tion of its board of directors. NOv 9, 1990 -" WITNESS my hand and of ial se . ACKNOWLEDGMENT—Corp.—Pres.8 Sea—Wolcolts Form 222CA—Rev.582 ©,982 WDLcoTTB.INC Notary blic in and for said State. STATE OF CALIFORNIA, COUNTY OF Orange Ss. On this 31st day of March , 19 88 , before me a Notary Public, within and for the said County and State, personally appeared Ron Dennison , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of and for the Great American Insurance Company,and acknowledged to me that he subscribed the name of the Great American Insurance Company thereto as Surety, and his own name as Attorney-in-Fact. OFFICIAL SEAL. ro LAURIE B. EPNER ,NOTARY PUBLIC CALIFORNIA Notary Public PRINCIPAL OFFICE INi i ORANGE COUNTY 1MYCOMMISSION EXPIRES APRIL 22, 1988 i 59596 (1/84) (CALIFORNIA ACKNOWLEDGEMENT FORM) G M AIVERICAN INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No.0 13113 THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-tn-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power WILLIAM T. SHERER ALL OF ALL MAURICE Y. NGUYEN ORANGE, CALIF. UNLIMITED RON DENNISON This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 3rd day of November 1987 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON —ss: On this 3rd day of November, 1987 before me personally appeared ROBERT M.SCHUDER,to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the Vice President of the Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOL VED: That the President, the several Vice Presidents and Assistant Vice Presidents,or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute in behalf of the Company, as surety,any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,RONALD C. HAYES,Assistant Secretary of the Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 31st day of March 19 88 81029K 108/87) G W AINERICAN INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No.0 13113 THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and ad bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power WILLIAM T. SHERER ALL OF ALL MAURICE Y. NGUYEN ORANGE, CALIF. UNLIMITED RON DENNISON This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 3rd day of November 1987 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON —ss: On this 3rd day of November, 1987 before me personally appeared ROBERT M.SCHUDER,to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the Vice President of the Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOL VED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-/n-Fact to execute in behalf of the Company, as surety,any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original lsourture of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I,RONALD C. HAYES,Assistant Secretary of the Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 31 s t day of March ' 19 88 a102aK(aBi971 IN WITNESS WHEREOF three (3) identical counterparts of this Instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the . lday of March 19 88 . The name and corporate seal of eac corporate party Ing ereto affixed and these presents duly signed by Its undersigned representatives pursuant to authority of its governing body. Tracy & j1ajVh Landsrang.Inc. PRI(/ NG1R-A�. i 13y y> Grea American Insurance Com an SU ETY BY _. Attorney-Tn-Fact Ron Dennison APPROVED AS TO FORM n1L e til'J SYKNJR. SHAW ATTORNEY R —23— STATE OF CALIFORNIA l , }as. COUNTY Of Orange On this 31st day of March , in the year 19$S, before me, the undersigned, a Notary Public in and for said State, personally appeared Tom Haigh, Vice President & Secretary personally known to me j (or proved to me on the basis of satisfactory evidence) to be the persons who executed the OFFICIAL SEAL within instrument as Prl34&Wcand Secretary,respectively,of the Corporation therein named, MARY MC f4. and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolu- m ' NOTARY PUBLIC - CALIFORNIA tion of its board of directors. ORANGE COUNiY My comm. ezpi�es NOV 9 1990 ,'', WITNESS my hand and official al. ACRNOWLEOGMENT—Carp.—%es.a Sec.—Wolcotts form 222CA—Rev 5 82 ©1982 WOLCOTTS.INC Notary 6blic in and for said State. STATE OF CALIFORNIA,COUNTY OF Orange Gs. On this 31st day of March , 19 $$, before me a Notary Public, within and for the said County and State, personally appeared Ron Dennison , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of and for the Great American Insurance Company, and acknowledged to me that he subscribed the name of the Great American Insurance Company thereto as Surety, and his own name as Attorney-in-Fact. -CIP"NoTARUY -- --------OFFICIAL SEAL RIE B. EPNER PUBLIC CALINF �NIAPRINCIPAL OFFICE IN i Notary Public ORANGE COUNTY MY COMMISSION EXPIRES APRIl22_198R 1 S959B (1/84) (CALIFORNIA ACKNOWLEDGEMENT FORM) i' TPACY& WIGH LANDSCAPE INC BID FOR: CAMINO CAPISTRANO BRIDGE LANDSCAPING PROJECT R6tEiV1`! MAR ZI 42 off #PP ZIT e4 `sitt tw�+,wr�FH; f 22421 Gilberto, Suite A.Rancho Santa Margarita, California 92688 N f MEMBERS OF THE CITY COUNCIL ANTHONY L .LAND LAWRENCE F. .UCH HEIM Inloavoeelm KENNETH E. FRIESS U1'' OIe IIISMIp GARYL. HAUSDORFER 1776 PHILL IP R. SCHWARTZE •� • CITY MANAGER STEPHEN . JULIAN MEMORANDUM TO: Interested Persons FROM: Mary Ann Hanover, City Clerk DATE: January 12, 1988 SUBJECT: Plans, Specifications, and Authorization to Call for Bids - Camino Capistrano Bridge Landscaping Project The City Council of the City of San Juan Capistrano at its regular meeting held January 5, 1988, approved the plans, specifications and call for bids for the Camino Capistrano Bridge Landscaping Project. If we can be of further assistance, please call. $2V MARY AN ANOVER MAH/mac cc: Director of Public Works Collins Diversified HMI Holdings, Inc. W. W. Ballreich Fred C. Stoffel 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 • CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS CAMINO CAPISTRANO BRIDGE LANDSCAPING PROJECT • CITY COUNCIL ANTHONY L. BLAND, MAYOR PHILLIP R. SCHWARTZE KENNETH E. FRIESS LAWRENCE F. BUCHHEIM GARY L. HAUSDORFER CITY MANAGER S. B. JULIAN DIRECTOR OF PUBLIC WORKS W. D. MURPHY FEBRUARY, 1988 • j • • TABLE OF CONTENTS CAMINO CAPISTRANO BRIDGE LANDSCAPING PROJECT TITLE PAGE CONTRACT DOCUMENTS Notice Inviting Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 1 BidProposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .3 Schedule of Work Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Non-Collusion Affidavit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Designation of Sub-Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .8 Instructions to Bidders . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . ..9 Contract . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . 14 BidBond . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 18 Performance Bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . .. . .. . . .. . . . . . . . . . .20 Labor be Material Bond . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . .. . . .. . . . . . .. . . . . . . . . . .22 Listing of Surety Companies . . . . . . . . . . . .. . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .24 SPECIAL PROVISIONS Section 1 Intent . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . .. .. . . . . .. . . . . . . . . .SP-1 Section 2 Standard Specifications . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . .SP-1 Section 3 Terms Defined . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . .SP-2 Section 4 Description of the Work . .. . . . . . . . . .. . . .. . . . . . . . . . . . .. . . . . .SP-2 • Section 5 Drawings. . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . .. . . . . . . . .SP-2 Section 6 Insurance and Overhead Costs. . . . . . . . . . . . . .. . . . . . .. . . . . . . . .SP-3 Section 7 Permits . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . .SP-3 Section 8 Flow and Acceptance of Water . . . . . . . . . . . . . . . . . . . . . . . .. . . . .SP-3 Section 9 Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .SP-3 Section 10 Protection of Existing Utilities. . .. . . . . . . . . . . . . . . . . .. . . . . . . .SP-3 Section 11 Right-of-Way and Protection of Private Property . . . . . . . . . . . . .SP-4 Section 12 Traffic Control . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .SP-4 Section 13 Pre-Construction Coordination Meeting . . . . . . . . . . . . . . . . . . . . .SP-5 Section 14 Time of Completion . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . .. . .SP-5 DETAIL SPECIFICATIONS AND METHOD OF PAYMENT Bid Item 1 Mobilization. . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . .. . . . . . . . . . . . DS-1 Bid Item 2 Clearing, Grubbing be Removal of Obstructions . . . . . . . . . . . . . . DS-1 Bid Item 3 Irrigation System.. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . DS-2 Bid Items 4 & 5 Landscape Planting and Maintenance of Landscaping . . . . . . . . DS-13 Bid Item 6 Bomanite Concrete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . DS-23 Bid Item 7 Concrete Mowstrip . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . DS-26 Bid Item 8 Control of Traffic .. . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . DS-26 APPENDIX Section 1 Applicable Standard Plans of Orange County Environmental • Management Agency • CAMINO CAPISTRANO BRIDGE LANDSCAPING PROJECT NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 21st day of March, 1988, receive sealed proposals or bids for the Camino Capistrano Bridge Landscaping Project in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1985 Edition, including all supplements therefor, on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifi- cations. Each proposal or bid must be accompanied by a certified check, cash, cashier's check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the total bid amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited • to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a.m. on the 14th day of March, 1988, at the City offices. The contractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not dis- seminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Performance Bond equal in the amount of one hundred percent (100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the surety list provided herein. -1- � 1 • • The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of one hundred sixty five (165) calendar days has been set for the completion of the work, from the date specified in the Notice to Proceed. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of plans and specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $5 charge for postage and handling on all • plans and specifications mailed. Each bidder shall state the California Contractor's License number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated: �rvyd, CITY CLERK' CITY OF S' N JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- • BID PROPOSAL For the: CAMINO CAPISTRANO BRIDGE LANDSCAPING PROJECT From: Contractor To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1985 Edition, including all supplements therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump • sum given on the following pages of this proposal, amounting to a total of: Words Figures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifica- tions or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of one hundred sixty five (165) calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. The estimated quantities of work indicated in the proposal are approximate only being -3- • given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is (Insert • "$ cash", cashier's check, certified check or bidder's bond on the forms from Pages 18 and 19 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Licensed in accordance with an act providing for the registration of contractors -- License No. Signature of Bidder: -4- (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: Business Address Dated: Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: Signature of Bidder Dated: Telephone Number -5- 0 SCHEDULE OF WORK ITEMS • CAMINO CAPISTRANO BRIDGE LANDSCAPING PROJECT • Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amount 1 L.S. Mobilization for the entire project construction for the lump sum price of one thousand five hundred dollars. L.S. $1,500.00 2 L.S. Clearing, grubbing, and removal of obstructions for the lump sum price of dollars. $ $ 3 L.S. Furnish and install irrigation system for the lump price of dollars. $ $ 4 L.S. Furnish and install landscape planting for the lump sum price of dollars. $ $ 5 L.S. Maintenance of landscaping for a period of one hundred twenty (120) calendar days for the lump sum price of dollars. $ $ 6 1610 S.F. Furnish and install Bomanite concrete for the unit price of dollars per square foot. $ $_ 7 103 L.F. Furnish and install concrete mowstrip for the unit price of dollars per linear foot. $ $ 8 L.S. Control of traffic for the lump sum price of dollars. Total Bid Price (enter here and on Page 3) Words Figures • -6- 0 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY • BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ss. County of ) being first duly sworn deposes and says that he is of 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 individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. DATED: SIGNATURE On this the day of , 19_ before me, the undersigned, a Notary Public in and for said State, personnally appeared , personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. WITNESS my hand and official seal. i Notary Public in and for said State -7- DESIGNATION OF SUB-CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub-bids of the following listed sub-contractors in making up his bid, and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub-contractor is not listed will be performed by the undersigned through his forces. If no sub-contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work Sub-Contractor Address Phone No. I • 2 . 3 . 4 5 . 6 . 7 . 8 . BIDDER'S NAME • AUTHORIZED SIGNATURE -8- INSTRUCTION TO BIDDERS • Securing Documents Plans, Specifications and other. contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids". Examination of Plans, Specifications and Site of Work The bidder is required to examine the site of work, the Proposal, the Plans and the Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1985 Edition including all supplements, very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The plans for the work show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are actually existent, nor shall the City or any of its officers or agents be liable for any loss sustained by the Contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. • Interpretation of Drawings and Documents If any bidder should find discrepancies in, or omissions from the drawings, specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly and fully set forth, or if the Engineer discovers errors, omissions, or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. -9- Addenda or Bulletins • The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued; and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. K here there is • a conflict in the words and the figures, the words shall govern. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder shall list his proposed sub-contractors on the form accompanying the proposal in accordance with the provisions of the specifications. F. Each bidder must accompany his bid with either a cashier's check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City for such a sum of not less than ten (10) . percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. -10- The bidder agrees that, in case of his refusal or failure to execute said contract and • give bonds within the time required by these documents, such check or bond, and the money represented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ten (10) percent of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. G. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids". Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawl of Bids • Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. Opening of Bid Proposals The City will, in open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids". Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids". The City, however, reserves • the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. -ll- • The bidder to whom the award is made shall execute a written contract with the City and furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days after the notice of award of contract. The contract shall be made in the form adopted by the City. The release of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made upon the City's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the con- tract and bonds for the corporation is duly authorized to do so. Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent • (100%) of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract. Said bonds shall be secured from a surety company listed as acceptable on the list included in these specifications. Bonds must be submitted on the forms contained in these specifications. Time of Performance The work shall be commenced within fifteen (15) calendar days from the date of issuance of the Notice to Proceed and shall be diligently prosecuted until completion. A time limit of one hundred sixty five (165) calendar days from the date specified in the Notice to Proceed has been set for completion of the work. The bidder's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages. Assignment of Contract • No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. -12- Workmen and Wages • Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids". Building Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. • • -13- CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 1985 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council pertaining to the work, insurance policies and certificates, and any supplemental written • agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of The Camino Capistrano Bridge Landscaping Project in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. • FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting -14- • Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual amount of damages, and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this • contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay City such sum as the Court may judge as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by City in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. 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 offices of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or -15- • any SUB-CONTRACTOR under him, shall pay not less than the foreqoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the City and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. • CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this construction agreement. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and • CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB- CONTRACTOR, for each calendar day during which such workman is required or -16- . permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the CalifornLa Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN CAPISTRANO DATED: BY: MAYOR • BY: CONTRACTOR ATTEST: Mary Ann Hanover, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney -17- • BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as PRINCIPAL, and as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $ , for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 19� for the construction Of The Camino Capistrano Bridge Landscaping Project for the City of San Juan Capistrano, Orange County, California. • NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the'opening of same, and shall, within fifteen (15) days after the agreement has been presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and • fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. - 1g- IN WITNESS WHEREOF, the above-bounden parties have executed this Instrument under their several seals this day of -___, 19___.. the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) PRINCIPAL BY: Title: ATTEST (If Corporation) Corporate Seal SURETY ATTEST BY: Title: Title APPROV AS TO FORM: John Shaw, City ttoir ey -19- PERFORMANCE BOND • KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called CONTRACTOR, and as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): • which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -20- 2. Said Surety, for value received, hereby stipulates and agrees that no change, • extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this day of . 19 , at California. PRINCIPAL • APPROVED AS TO FORM (NOTARIZATION AND SEAL) aJX4t�14X'�r J R. SHAW, CITY ATTORNEY SURETY (NOTARIZATION AND SEAL) i -21- Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to . License No. . hereinafter designated as "Principal', a contract for : and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Principal, and , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of DOLLARS • ($ ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -22- IN WITNESS WHEREOF three (3) identical counterparts of this Instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by • the Principal and surety herein named on the day of 19 . The name and corporate seal of each corporate party being Inereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL By SURETY By APPROVED AS TO FORM n,L e -�L � 7• R. SHAW, ATTORNEY -23- Prepared By: Office of City Attorney San Juan Capistrano 7/29/85 LISTING OF SURETY COMPANIES QUALIFYING UNDER SURETY BOND COMPANY RATING CRITERIA The following surety bond companies are qualified to submit surety bonds to the City of San Juan Capistrano. The criteria utilized in rating surety bond companies are: A.M. Best Company Rating of "A"; U.S. Treasury Underwriting Limitation of $1,000,000.00 or more. Use of any other surety company may only be allowed with approval of the City Attorney. AID Insurance Company Aetna Casualty and Surety Company of Illinois Aetna Reinsurance Company Affiliated FM Insurance Company • Alaska Pacific Assurance Company Allendale Mutual insurance Company Allstate Insurance Company American Automobile Insurance Company American Casualty Company of Reading, Pennsylvania American Centennial Insurance Company American Credit Indemnity Company American Economy Insurance Company American Indemnity Company The American insurance Company American Manufacturer's Mutual Insurance Company American Motorists Insurance Company American Mutual Liability Insurance Company American Re-Insurance Company American States Insurance Company Argonaut Insurance Company Arkwright-Boston Manufacturers Mutual Insurance Company Associated Indemnity Corporation Atlantic Mutual Insurance Company -24- Listing of Surety Companies, Continued Page Two Auto-Owners Insurance Company Balboa Insurance Company Bankers Multiple Line Insurance Company Boston Old Colony Insurance Company The Camden Fire Insurance Association Centennial Insurance Company Central Mutual Insurance Company The Central National Insurance Company of Omaha The Charter Oak Fire Insurance Company Cigna Insurance Company Commercial Insurance Company of Newark, New Jersey The Connecticut Indemnity Company Continental Casualty Company • The Continental Insurance Company Continental Reinsurance Corporation Dependable Insurance Company, Inc. Employers Mutual Casualty Company Employers Reinsurance Corporation Fairmont Insurance Company Farmers Alliance Mutual Insurance Company Federal Insurance Company Federated Mutual Insurance Company The Fidelity and Casualty Company of New York Fidelity and Deposit Company of Maryland Fireman's Fund Insurance Company Firemen's Insurance Company of Newark, New Jersey First National Insurance Company of America Foremost Insurance Company Fremont Indemnity Company General Accident Insurance Company of America General Insurance Company of America General Reinsurance Corporation -25- • Listing of Surety Companies, Continued Page Three The Glens Falls Insurance Company Global Surety & Insurance Co. Globe Indemnity Company Grain Dealers Mutual Insurance Company Great American Insurance Company Greater New York Mutual Insurance Company Gulf Insurance Company The Hanover Insurance Company Harco National Insurance Company Harleysville Mutual Insurance Company Hartford Accident and Indemnity Company Hartford Casualty Insurance Company Hartford Fire Insurance Company The Hawaiian Insurance do Guaranty Company • Highlands Insurance Company Highlands Underwriters Insurance Company The Home Indemnity Company The Home Insurance Company Houston General Insurance Company INA Reinsurance Company ITT Lyndon Property Insurance Company Imperial Casualty and Indemnity Company Indemnity Insurance Company of America Industrial Indemnity Company Insurance Company of North America Insurance Company of the West Integrity Insurance Company International Insurance Company Iowa National Mutual Insurance Company John Deere Insurance Company Liberty Mutual Insurance Company Lumbermen Mutual Casualty Company -26- . Listing of Surety Companies, Continued Page Four Maryland Casualty Company Mead Reinsurance Corporation The Mercantile and General Reinsurance Company of America Michigan Millers Mutual Insurance Company Michigan Mutual Insurance Company Mid-Century Insurance Company The Millers Mutual Fire Insurance Company of Texas Munich American Reinsurance Company National Fire Insurance Company of Hartford National Indemnity Company The National Reinsurance Corporation National Surety Corporation Nationwide Mutual Insurance Company • New Hampshire Insurance Company New York Underwriters Insurance Company Newark Insurance Company North American Reinsurance Corporation The North River Insurance Company North Star Reinsurance Corporation Northbrook Property and Casualty Insurance Company Northwestern Pacific Indemnity Company The Ohio Casualty Insurance Company Ohio Farmers Insurance Company Old Republic Insurance Company Pacific Employers Insurance Company Pacific Indemnity Company Peerless Insurance Company Pennsylvania Manufacturers' Association Insurance Company Phoenix Assurance Company of New York • The Phoenix Insurance Company Progressive Casualty Insurance Company Protective Insurance Company _27_ • Listing of Surety Companies, Continued Page Five Prudential Reinsurance Company Ranger Insurance Company The Reinsurance Corporation of New York Reliance Insurance Company Republic Insurance Company Republic Western Insurance Company Royal Indemnity Company Royal Insurance Company of America SAFECO Insurance Company of America St. Paul Fire and Marine Insurance Company St. Paul Mercury Insurance Company Seaboard Surety Company Security Insurance Company • Select Insurance Company Skandia America Reinsurance Corporation South Carolina Insurance Company The Standard Fire Insurance Company State Farm Fire and Casualty Company Transamerica Insurance Company Transamerica Premier Insurance Company Transcontinental Insurance Company Transportation Insurance Company The Travelers Indemnity Company The Travelers Indemnity Company of America The Travelers Indemnity Company Trinity Universal Insurance Company Twin City Fire Insurance Company Unigard Security Insurance Company United Fire do Casualty Company • United Pacific Insurance Company United States Fidelity and Guaranty Company United States Fire Insurance Company -28- Listing of Surety Companies, Continued • Page Six Universal Underwriters Insurance Company Utica Mutual Insurance Company Valley Forge Insurance Company Vigilant Insurance Company West American Insurance Company Weschester Fire Insurance Company The Western Casualty and Surety Company The Western Fire Insurance Company Western Surety Company Westfield Insurance Policy • -29- CITY OF SAN JUAN CAPISTRANO CAMINO CAPISTRANO BRIDGE LANDSCAPING PROJECT SPECIAL PROVISIONS SECTION I - INTENT The intent of these specifications is to prescribe and provide for the complete and finished performance of and accomplishment, in every respect, of the entire contemplated work or improvement indicated by the plans and detailed specifications relating directly to this particular project; and it shall be understood that the Contractor undertaking the execution of all or any part of such work or improvement will be required to perform, construct and complete the same in a thorough, satisfactory and workmanlike manner in accordance with the provisions of the plans and specifications therefor, and to furnish and provide in connection therewith all necessary labor, tools, implements, equipment, materials and supplies except such thereof as may otherwise be specified to be furnished by the City. SECTION 2 - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1985 Edition, hereinafter referred to as the Standard Specifications. The Contractor shall maintain a copy of this book on the job-site at all • times. Unless otherwise specified, errata and supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change l: "Section 6-5 Termination of Contract" "If at any time, in the opinion of the Public Works Director, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract, notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's materials, tools, equipment, appliances, and plant, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the materials contracted for, • SP-1 in such manner as the City may deem proper; or the City Council may annul and cancel the contract and re-let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the sureties from liability or failure to fulfill the contract. Contractor and sureties will be credited with the amount of monies so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operation of the contract and the completion of the work by the City as provided above, and the Contractor will be credited with any surplus remaining after all just claims for such completion have been paid." Change 2: "Section 8 - Facilities for Agency Personnel" Delete this section. SECTION 3 - TERMS DEFINED Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City departments or persons shall be intended: AGENCY shall mean City of San Juan Capistrano, whenever appropriate. • BOARD shall mean the City Council of the City of San Juan Capistrano. ENGINEER shall mean City Engineer or other person(s) designated by same. SECTION 4 - DESCRIPTION OF THE WORK The proposed project calls for the landscaping of the recently completed Camino Capistrano Bridge Project site. The project extends along Camino Capistrano from Avenida Padre, south over the bridge past San Juan Creek Road, to a point approximately 330-feet south of the I-5 southbound ramps. It encompasses both sides of the roadway, the center dividers, and other extensions as outlined in the landscaping plans. The work to be done under this contract consists essentially of the planting of trees, shrubs, and other vegetation; the installation of irrigation systems, Bomanite concrete, concrete mowstrips, a 120 day landscape maintenance period, and all other appurtenant work as shown on the plans and included in the specifications. SECTION 5 - DRAWINGS Sheets 1 through 7 of the drawings entitled "Landscape Improvement Plans for Camino Capistrano Bridge at San Juan Creek" are a part of the specifications. The drawings show the location, character of work, and details of construction. • SP-2 SECTION 6 - INSURANCE AND OVERHEAD COSTS The Contractor shall receive no direct compensation for insurance and overhead (move-in costs, for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. SECTION 7 - PERMITS The Contractor shall obtain a "no fee" Encroachment Permit from the City of San Juan Capistrano for work in the public right-of-way. SECTION 8 - FLOW AND-ACCEPTANCE OF WATER Surface or other waters may be encountered at various times during construction. The Contractor, by submitting a bid, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his bid accordingly. It shall be the sole responsibility of the Contractor to protect his work, public right-of-way and private property, from danger due to any waters encountered. Should any damage to the work or property due to surface or other water occur prior to acceptance of the work by the City, the Contractor shall repair such damage at his expense. SECTION 9 - WATER Water will be available from the Capistrano Valley Water District. Arrangements for a • temporary construction water service permit and water service may be made by contacting the Capistrano Valley Water District at 714/493-1515 one week prior to the need for service. All water facility construction shall conform to the "Technical Specifications and Plans" of the Capistrano Valley Water District, and "The Uniform Plumbing Code," most recent edition. The full cost of the water, permit, transporting and applying said water is included in the lump sum bid price paid for clearing and grubbing and no additional compensation will be made. Included shall be full compensation for furnishing all labor, materials, tools and equipment and for performing all the work necessary to develop a sufficient water supply and applying the water. SECTION 10 - PROTECTION OF EXISTING UTILITIES The Contractor must take all due precautionary measure to protect all of the existing utilities. The Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any construction work. The Contractor's attention is directed to the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the USA by calling 1-800-422-4133. Other utility phone numbers are noted on Sheet 1 of the plans. • Full compensation for conforming to the requirements of this section shall be considered as included in the contract bid prices paid for the various items of work, and no additional compensation will be allowed therefor. SP-3 SECTION 11 - RIGHT-OF-WAY AND PROTECTION OF PRIVATE PROPERTY The improvement work is located within existing street right-of-way, and on or adjacent to privately owned properties. The Contractor shall protect all existing private property, including, but not limited to, landscaping, buildings, fences, irrigation systems unless shown on the drawings to be removed or relocated. The Contractor shall repair, at his own cost, any items that are damaged by the Contractor's work. The Contractor shall protect property and facilities adjacent to the construction zone, and all property and facilities within the construction zone which are shown on the plans to be protected. After completion of the project, the construction zone shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements or facilities are damaged, they shall be replaced with new materials equal to the original. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, way or parking area during performance of the contract work, and Contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. The Contractor shall be responsible for investigating conditions of available public and private roads and of clearances, restrictions and other limitations affecting • transportation and ingress and egress to the site of the work. SECTION 12 - TRAFFIC CONTROL In addition to those provisions of Section 7-10 of the Standard Specifications dealing with Public Convenience and Safety, the following requirements are included as contract specifications. All warning and regulatory signs, lights and devices used for the protection of the public on the project shall conform to those described in the State of California Manual of Traffic Controls for Construction and Maintenance Work Zones, 1985 Edition. Guidelines for the use and placement of these traffic control devices shall conform to applicable layouts described in the above noted State Manual and in the latest edition of the Work Area Traffic Control Handbook (WATCH) published by Building News Inc. All traffic control patterns shall be subject to approval of the Engineer. The following minimum lane requirements shall be maintained at all times throughout the contract period. The minimum vehicular lane width shall be 12 feet. The minimum bicycle lane width shall be 7 feet. The minimum pedestrian lane width shall be 5 feet. Opposing directions of traffic shall be separated by traffic striping in accordance with the State Traffic Manual or by approved portable delineators or cones at all times. Camino Capistrano - Maintain two lanes, one in each direction, with an additional • lane for southbound left turns onto eastbound San Juan Creek Road and an additional lane for northbound right turns onto eastbound San Juan Creek Road. Maintain all sidewalk areas for the use of pedestrians. San Juan Creek Road - Maintain two lanes, one in each direction. SP-4 • The Contractor shall submit a traffic control plan to the Engineer for review and approval at least fourteen (14) days prior to commencing any work. Said plan shall indicate the locations of all signing, barricades, flashing arrow signs, delineators, lane closures, temporary lane lines, etc. required to control traffic during construction. All such devices shall be removed from the view of traffic when not required. Lane closures shall be limited to the hours between 8:30 a.m. and 3:30 p.m., Monday through Friday. The cost of controlling traffic throughout this project shall be included in the lump sum bid amount for control of traffic. SECTION 13 - PRE-CONSTRUCTION COORDINATION MEETING Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor, the Engineer, and involved utilities representatives. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction and traffic control methods, and clarify inspection procedures. The Contractor will be required to submit a complete schedule showing the number of working days required to complete each phase of the project. No construction work shall proceed until such information has been received, reviewed, and approved by the Engineer. The City reserves the right to reject any portion of the Contractor's phasing plans if, in the opinion of the Engineer, the phasing plan is not in the best interest of the City. SECTION 14 - TIME OF COMPLETION • A total time limit of one hundred sixty five (165) calendar days has been set for completion of the work. This includes a time limit of forty five (45) calendar days for the completion of all landscaping work, which includes but is not limited to planting, irrigation, hardscape, and other appurtenant work. Following the completion and acceptance by the City of all landscaping work, the contractor will then care for and maintain the landscaping work for a period of one hundred twenty (120) calendar days. • SP-5 CITY OF SAN JUAN CAPISTRANO CAMINO CAPISTRANO BRIDGE LANDSCAPING PROJECT DETAIL SPECIFICATIONS AND METHOD OF PAYMENT BID ITEM 1 - MOBILIZATION The Contractor shall be paid a fixed lump sum price for his cost of providing bonds, insurance, financing, and moving equipment to the job site. This item will be paid with the first monthly progress payment to the Contractor after award of the contract and shall include the costs of such mobilization and administration for the entire contract period. Payment The cost of bonds, insurance, financing, and moving equipment to the job site shall be included in the contract lump sum price set by the City of San Juan Capistrano in the Bid Proposal Section for Item 1. BID ITEM 2 - CLEARING, GRUBBING AND REMOVAL OF OBSTRUCTIONS Clearing and grubbing shall consist of clearing natural ground surfaces of all vegetable • growth and objectionable materials within the limits of construction in accordance with the provisions of Section 300-1 of the Standard Specifications and in accordance with the plans and these Detail Specifications and as directed by the Engineer. Clearing and grubbing shall also include the removal and disposal of all miscellaneous concrete, pipes, hardware, timber, rubble or any other objectionable material encountered beneath the ground surface as a result of grading or trenching operations connected with the construction of the project improvements. The Contractor shall protect all existing structures of facilities which are adjacent to, but do not fall within, the limits of the work to be done under this contract, in accordance with Sections 7-9 and 300-1 of the Standard Specifications. This item shall also include those structures and facilities which the plans show to be protected. Any structure or facility to be protected, which is damaged as a result of the Contractor's construction operation shall be replaced by the Contractor, at his costs, to the satisfaction of the Engineer. Clearing and grubbing shall also include the removal, relocation, adjusting, salvaging, disposal, or protecting of all facilities so indicated on the plans or which are not designated as separate bid items or which are not included in other bid items. In addition, clearing and grubbing shall include, but not be limited to, the following items as shown on the plans or specified in the Detail Specifications and Special Provisions: • DS-1 1. Removal of trees, shrubs, stumps, trash, debris and fences, whether or not specifically indicated on the Plans or otherwise shown. 2. Deleterious materials resulting from clearing and grubbing operations shall be hauled away and disposed of at a site obtained by the Contractor. 3. Minor grading for swales and drainage control; and minor grading on adjacent properties to match the proposed improvements. The Contractor shall perform this minor grading to match new improvements within 10' of the new right-of-way at the request of the Engineer, regardless of whether or not it appears on the improvement plans. 4. Sawcutting of concrete and asphalt concrete. S. The removal and disposal of any additional items not specifically mentioned which may be found within the work limits. 6. Furnishing and applying water (see Section 9 of the Special Provisions). 7. Clean-up and dust control. 8. Maintenance of project appearance. Payment • The lump sum price for this item shall include all labor, materials, tools, equipment, and incidentals necessary to clear and grub, and no additional compensation shall be made. BID ITEM 3 - IRRIGATION SYSTEM This bid item shall consist of the furnishing and construction of the irrigation system to the lines and grades specified on the plans, or staked in the field. The workmanship and materials for this item shall conform to Sections 212 and 308 of the Standard Specifications, the applicable Standard Plans of the Orange County Environmental Management Agency, and these Detail Specifications. DS-2 CAMINO CAPISTRANO BRIDGE • SECTION 02750 - IRRIGATION SYSTEM Division One requirements are a part of this section. PART 1: GENERAL 1. 1 Scope: A. Furnish and install the IRRIGATION SYSTEM as indicated on the drawings and as specified in this section, including but not limited to the following: 1. Mains, valves and quick coupling valves. 2. Automatic irrigation controller. 3. Remote control valves and control wires. 4. Lateral lines and irrigation heads. 5. Testing and record drawings. 6. Electrical meter service pedestal 1.2 Code Requirements: A. Secure all permits and licenses necessary for the work. Give all notices and comply with all laws, ordinances, rules and regulations concerning the installation of the irrigation systems as drawn and specified. • 1. 3 Site Conditions: A. Before starting any work, verify all dimensions and quantities and immediately inform the City of any discrepancy; approval must then be given by the City before proceeding. B. Before excavating for water lines, locate all underground utility lines so that proper precautions may be taken to avoid damage to such utilities. In the event of a conflict between underground lines, promptly notify the City who will arrange for the relocation of one or the other. Failure to follow this procedure places the responsi- bility upon the Contractor for making any and all repairs for damage of any kind at his own expense. C. Provide necessary safeguards and exercise caution against injury or defacement of any existing site improvements. Contractor shall be responsible for any damage resulting from his operations and shall repair or replace such damage at his own expense. No trucks or vehicles of any kind shall be allowed to pass over sidewalks, curbs, etc., unless adequate protection is provided. 1.4 Materials List: • A. Submit to the City for his approval five copies of all materials and equipment, including manufacturers' names and catalog numbers, to be IRRIGATION SYSTEM DS-3 Section 02750- 1 1.4 Materials List: (cont. ) • furnished and installed under this contract within 30 days after the award of the contract. 1.5 Record Drawings: A. Record data daily before covering, on the blue line prints. Those prints shall be delivered to the City at the time of the instal - lation review. Dimensions shall locate control valves, main line, quick coupling valves, gate valves, plugged ends and stub-outs. Dimensions shall be determined from permanent and easily identified objects. 1.6 Manuals: A. Furnish two (2) sets of service manuals. Manuals may be loose leaf binders and shall contain complete exploded drawings of all equipment installed showing components and catalog numbers and price lists together with the manufacturer's name and address. 1. 7 Guarantee: A. The entire irrigation system shall be guaranteed for a period of one year from the date of acceptance against all defects in material and workmanship. • B. Should trouble develop within the year of guarantee due to poor workmanship or defective material , corrections shall promptly be made at the Contractor's expense, to the satisfaction of the City. C. Any damage to paving, planting or other developments due to settlement of improperly compacted trench soil , shall also be promptly repaired at Contractor's expense, to the satisfaction of the City. 1. 8 Inspections: A. At the completion of the installation and prior to planting of lawn or ground covers, an inspection shall be made to check the overall coverage of the system by the Contractor and the City. B. The entire system shall be checked out thoroughly and completely within five (5) days prior to the final inspection. All heads shall be properly aligned and adjusted for coverage and cleared of any foreign materials. All valves shall be properly adjusted. Irrigation controller valve chart shall be checked for accuracy. C. At the end of the Plant Maintenance Period, a final inspection shall be made by the City and Contractor to check out the entire system. IRRIGATION SYSTEM DS-4 Section 02750-2 1.9 Tests: • A. All tests shall be made in the presence of the Architect or Construction Inspector. At least 48 hours notice shall be given for tests. B. Testing of irrigation lines: Lines normally under pressure shall be tested as follows: 1. Mains and supply lines: Three ( 3) hours at 150 p.s. i. 2. Each system may be tested as a unit or in sections, as directed by the Construction Inspector but each installation shall successfully meet the requirements specified herein before acceptance. 3. Center load pipe with small amount of backfill to prevent arching and whipping under pressure. Leave joints exposed for inspection during pressure test. No waste will be permitted in the pipe until the above has been accomplished and a period of at least 24 hours has elapsed for solvent weld setting and curings. 4. The test shall be made by capping each outlet and filling the pipeline with water. Specified pressure shall be maintained for three hours and the leakage determined. All leaks that are found shall be immediately corrected and the system again subjected to the same test. No pipe, fitting, or joint showing leakage will • be accepted. After the piping has been tested to the satisfaction of the Inspector, the pipe trenches may be backfilled prior to adjustment and testing of heads and valves. C. Automatic controllers: Controller shall be tested for seven (7) days just before the end of the established period. System shall operate automatically in the manner specified on the drawings and as herein specified. 0. Testing: The Contractor shall not allow or cause any of the work installed by him to be covered before it has been inspected and approved by the Architect or Construction Inspector. Work covered before approval shall be uncovered at the Contractor's expense. 1. 10 Clean-Up: A. Upon completion of the work, clean up all boxes, wrappings, excess materials, equipment and other rubbish resulting from this work and leave the premises in a clean, neat and orderly condition. • IRRIGATION SYSTEM ns-5 Section 02750- 3 PART 2: PRODUCTS • 2. 1 Automatic Irrigation Controller: A. Controller shall be an electronically timed devise to automatically open and close remote control valves electrically and be housed in a wall mounted, water-tight locked box. B. Number of stations on controller, or controllers, shall be not less than number of stations shown in the drawings. C. Irrigation controller shall have the following design and performance characteristics: Control number of stations as indicated, operate on 110V AC with an "off" and "on" switch, be fully automatic, semiauto- matic or manual ; variable timing shall be possible from two (2) minutes or less to at least 60 minutes per station; any number of stations can be omitted by a simple adjustment at the controller without removing any parts; have provisions for allowing each station to be scheduled independently as to length of time, day or week and repeat; have a master control on the controller panel to turn off entire irrigation system. D. Provide a controller chart showing all systems that will operate. 1. Chart shall be a blackline print showing "as-built" conditions, mounted in plastic and hermetically sealed. Make chart the maximum size allowable given the space restraints. . 2. Illustrate areas controlled by individual systems. Color lawn areas light green, shrub areas dark green, buildings orange, and walks light grey. 3. Submit controller chart for review by City's representative. 2.2 Pipe: A. Steel Pipe and Fittings: ASA Schedule 40 galvanized mild steel screwed pipe and beaded galvanized malleable iron screwed fittings, except couplings which shall be taper type, complying with ASA Specification B2. 1. 1. Connection between steel pipe and brass or copper pipe or tube shall be an approved device or material such as di-electrical coupling or union which will prevent the flow of electrical current from one tube of metal to another. B. Plastic Pipe (solvent weld): shall be extruded from 100% polyvinyl chloride (PVC). Pipe shall meet the manufacturer's tolerance specified by them in addition to commercial standards. All pipe shall be NSF approved. IRRIGATION SYSTEM Ds-6 Section 02750-4 2.2 Pipe: (cont. ) • 1. Main lines shall be Moore, Cabor, Baldwin or Larco or approved equal , class 315, 1120-1220 pipe; lateral lines shall be schedule 40, 1120-1220 pipe. 2. Pipe shall be free from holes, foreign material , blisters, wrinkles or dents. 3. Pipe shall be produced in 20 feet lengths and shall be continu- ously and permanently marked with the following information: manufacturerer's name, kind of pipe, material i.p.s. size and schedule NSF and code approval. 4. Plastic fitting shall be PVC schedule 40 NSF Type I-11 plastic similar and equal to fittings manufactured by the Sloan Manufacturing Company, Sun Valley, CA. 2. 3 Gate Valves: GATE VALVE GATE VALVE A. Type 2-1/2" or Less Type 3" or More Crane 438 Stockham B-115 Jenkins 370 Walworth 4 Kennedy 427 B. All gate valves two and one-half (2 1/2) inches or less shall be screwed • ends, non-rising stem. All gate valves three (3) inches or larger shall have flanged ends and non-rising stems. Gate valves near walks or curbs shall be set within 12 inches from walk or curb. 2.4 Remote Control Valves: A. Remote control valves shall be of manufacturer stated on drawing. 1. All remote control valves shall be set in a valve box set plumb over the valve. 2.5 Valve Boxes: A. Plastic valve boxes over gate and control valves shall be Carson Industries, Inc. No 910-12B or Ametek. Gate valve box lids shall be marked "Water" (by the manufacturer). Control valve box lids shall be marked "Irrigation Control" (by the manufacturer) with the appropriate station number and controller letter stenciled on lid with white paint. 2.6 Quick Coupling Valves; A. Quick coupling valves shall be Rain Bird No. 44 LVC, no known equal . • B. Provide two (2) lock keys and two (2) quills and deliver to Owner. IRRIGATION SYSTEM D6_7 Section 02750-5 0 • 2. 7 Irrigation Heads: A. Irrigation heads shall be as indicated on the drawings. B. Provide two (2) extra heads of each type and deliver to Owner. 2.8 Wire Splices: A. Shall be made with Rain Bird's Penn-Tite wire connectors or Scotchlok. 2.9 Control Wires: A. Control wires to remote control valves shall be for direct burial , Standard National Electric Code--Type UF, G.E. Co., No. SI58-51, or equal. Wire to each remote control valve shall be sized so as not to exceed five per cent (5%) voltage drop valve of the impressed voltage and in no case less than No. 14 in size. PART 3: EXECUTION 3. 1 Excavation: • A. Excavations shall be open vertical construction sufficiently wide to provide free working space around the work installed and to provide ample space for backfilling and tamping. B. Trenches for pipe shall be cut to required grade lines and compacted to provide an accurate grade and uniform bearing for the full length of pipe. C. When two pipes are to be placed in the same trench it is required to maintain a six-inch (6") space between pipe as a minimum. D. Depth of cover for pipe lines and control wire as follows: Type of Piping Minimum Depth of Cover Supply lines to control and quick coupling 18 inches valves. Laterals to irrigation heads 12 inches Control Wire (24V) 18 inches E. Minor variation found necessary during the progress of the work to conform to actual conditions shall be made without additional cost to • the owner. IRRIGATION SYSTEM DS-8 Section 02750-6 3.2 Backfilling: • A. Backfill shall not be placed until the installed irrigation system has been inspected and approved by the City or Construction Inspector. B. Backfill material shall be approved soil , free from large rocks. In general , the material removed from excavation may be used except in cases where rock is encountered. In such cases, the rocky material shall be removed from the site and suitable fill material , as approved by the City, obtained for backfill . C. The top six-inches (6") of trenches shall be backfilled with topsoil only. D. Backfill shall follow excavation with the least possible delay. Open trenches shall be adequately protected to prevent possible hazard to and interference with the general public. E. Backfill from the bottom of the trench to a plane at least six inches (6") above the top of the pipe shall proceed evenly on both sides of the pipe and shall be tamped thoroughly, except that heavy equipment shall not be used within 18 inches of the pipe. Flooding to obtain compaction may be approved by the Architect, provided the soil is of proper character. F. Surplus earth remaining after backfilling shall be legally disposed of off the premises as directed by the Construction Inspector. G. Where excavating or "jacking" is required under asphalt paving, sidewalks, roads, etc., care shall be taken in backfilling, tamping and inundating with water. 3. 3 Automatic Controller: A. Install wall mounted controller in location as indicated on the drawings. B. Electrical connection for controller is included under Electrical Work Division. 3.4 Plastic Pipe and Fitting (Solvent Weld) : A. Plastic materials shall be carefully handled and stored under cover to avoid damage. Beds on which plastic materials are transported or stored must be full length of pipe to avoid damage. Any damaged or dented pipe shall not be used in the work. B. Trenches shall be accurately trimmed for uniform bed free from rocks, clods or other sharp edged objects. Pressure lines shall receive 18 inches of cover from finish grade to top of pipe. Non-pressure lines shall receive 12 inches of cover. • IRRIGATION SYSTEM DS-9 Section 02750- 7 3.4 Plastic Pipe and Fitting (Solvent Weld) : (cont. ) • C. PVC pipe shall be installed in a manner so as to provide for expansion and contraction as recommended by the pipe manufacturer. All vertical changes of direction made with fittings shall not exceed 45 degrees except at valve and head risers (no 90 degree fittings). D. Plastic pipe and fittings shall be solvent welded using primer and solvents as recommended by the manufacturer of the pipe, except where screwed or ring-tite connections are required. Pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture, before application of primer and solvent with a non-synthetic bristle brush in the following sequence. 1. Apply an even coat of primer to outside of pipe, then to inside of fittings and then re-apply a light coat to outside of pipe making sure that coated area of pipe is equal to full depth o1' fitting socket. 2. Apply solvent in the same manner and insert pipe quickly into fitting and turn approximately 1/4 turn to distribute solvent and remove air bubbles; check tees and ells for correct position. 3. Use a clean rag and wipe off excess solvent. All welded joints shall cure at least 15 minutes before being moved or handled and at least 24 hours before water is permitted into the pipe. No solvent cans opened one day shall be used on any following day. • E. All connections between plastic pipe and metal valves or steel pipe shall be made with screw fittings, using plastic male adapters and non-hardening plastic dope similar and equal to Permatex p2 and shall be applied to male threads. Make up with light wrench pressure. 1. Steel pipe shall not be screwed into plastic fittings except for head risers. 3.5 General Service Valves: A. Gate valves shall be installed to allow for valve boxes to abut and be on the same plane as adjacent walks, curbs and paving. B. Valves shall be installed with the best of workmanship, neat appearance and grouping so all parts are easily accessible and maintained. C. Valves shall be the full size of the pressurized line in which they are installed unless otherwise indicated. 3.6 Remote Control Valves : A. Remote control valves shall be adjusted so the most remote irrigation • heads operate at the pressure recommended by the head manufacturer. IRRIGATION SYSTEM DS-10 Section 02750-8 3. 7 Valve Boxes: • A. Valve boxes shall be set 1/2 inch in lawn areas and two-inches (2") in shrub and ground cover areas above the designated finish grade at each valve. 3.8 Quick Coupling Valves: A. Quick coupling valves shall be installed as detailed. B. Contractor shall provide Owner with two (2) valve keys and two (2) quills equipped with hose swivels. 3.9 Irrigation Heads A. Irrigation heads shall be installed as detailed in the drawings. B. Lawn heads shall be installed flush with finish grade adjacent to walks, concrete mowing strips or curbs as detailed. Full heads in seeded lawn areas shall be at least four (4) inches above finish grade. Lower heads to grade prior to completion of maintenance period or as directed by the Architect. C. Upon completion of the installation, the Contractor shall adjust heads to properly distribute water flow and shall place entire irri- gation system in first class operating condition. Adjustable irriga- tion heads shall be adjusted by fully opening the head farthest from • the control valve. The manual adjustment of the control valve shall be opened slightly to obtain a 24-inch high spray at the sprinkler head mentioned. All other sprinklers in that section shall be adjusted for equal height sprays, regulating the control valve as required to maintain this condition. The control valve shall be adjusted to obtain the catalog rate pressure for the sprinkler installed. D. Individual heads shall be rotated as required to keep sprays within the areas of lawn, shrubs and ground cover. 3. 10 Control Wire: A. Wires connecting controller and remote control valve shall be laid in trenches with a minimum cover of 18-inches. Bind wires in bundles with friction tape every ten feet ( 10' ). B. Encase all wire under paving in class 200 PVC pipe. Wire shall be continuous runs between control valves (without splices); splicing shall occur only at control valves or approved junction box location. IRRIGATION SYSTEM DS-11 Section 02750-9 3. 11 Payment iThe lump sum price for this item shall include all labor, materials, tools, equipment and incidentals necessary to furnish and install the irrigation system complete in place and no additional compensation shall be made. • • IRRIGATION SYSTEM DS-12 Section 02750- 10 BID ITEMS 4 & S - LANDSCAPE PLANTING AND MAINTENANCE OF LANDSCAPING This bid item shall consist of the furnishing and installation of the landscaping planting as shown on the plans, or staked in the field. This work shall also include a 120 day maintenance and plant establishment period. The workmanship and materials for this item shall conform to Sections 212 and 308 of the Standard Specifications, the applicable Standard Plans of the Orange County Environmental Management Agency, and these Detail Specifications. DS-13 CAMINO CAPISTRANO BRIDGE SECTION 02800 - LANDSCAPE PLANTING Division 1 requirements are a part of this section. PART 1: GENERAL 1. 1 Scope: A. Planting work includes, but is not limited to the following: 1. Soil preparation and fine grading. 2. Import topsoil in road medians. 3. Furnishing and installation of trees, shrubs and ground covers. 4. Staking and guying trees. 5. Installing hydroseeded lawns and ground cover. 6. Maintenance of planting areas for 120 days. B. Related work specified elsewhere. 1. Landscape Irrigation 1.2 Verification of Dimensions and Quantities : A. All scaled dimensions are approximate. Before proceeding with any work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the City of any discre- pancies between the drawings and/or the specifications and the actual conditions. No work shall be done in any area where there is such discrepancy until approval for same has been given by the City. 1.3 Observation: A. All observation herein specified shall be made by the City or City's representative. The Contractor shall request observation at least 48 hours in advance. Site visits will be required on the following parts of the work: 1. Pre-construction meeting 2. Irrigation coverage test (see irrigation specifications). 3. Review of trees and shrubs spotted for planting, prior to excavating holes ; and finish grading, prior to planting lawn and ground cover. 4. Pre-maintenance - when planting, irrigation and all other indicated or specified work has been completed. 5. Final Observation - at completion of maintenance period . (optional , at request of Contractor or City's representative) . LANDSCAPE PLANTING Ds-14 Section 02800-1 . 1.3 Observation: (cont. ) B. The Contractor shall be on the project site at the time of each observation. 1.4 Maintenance: A. Contractor shall continuously maintain all areas included in the contract during the progress of the work, the maintenance period and until final acceptance of the work. B. If plantings are not acceptable at the end of the 120-day maintenance period for the entire work, due to defective maintenance, the maintenance shall be continued by the Contractor until all work meets the specifications and can be approved. C. Maintenance shall include continuous operations of watering, weeding, mowing, rolling, trimming, edging, cultivating, fertilizing, spraying, insect and pest control , seeding and/or other operations necessary to assure good normal plant growth. D. All planted areas shall be kept free of debris and shall be weeded at not more than ten (10) day intervals. Grass, when two and one-half inches (2 1/2") high, shall be cut immediately to one and one-half inches (1 1/2") high. E. During the installation and maintenance periods, the Contractor shall be responsible for maintaining adequate protection for all areas. Any damaged plantings shall be repaired at the Contractor's expense. F. At the termination of the maintenance period, all plant materials shall be live, healthy, undamaged and free of infestations. All lawn areas shall be completely covered at the time of final acceptance. Inferior plantings shall be replaced and brought to a satisfactory condition before final acceptance of the work will be made. All ground cover and shrub areas shall be neatly raked and free of weeds. 1.5 Guarantee: A. All trees, shrubs, ground covers and other plant materials shall be guaranteed to take root and grow within 12 months after final acceptance of plantings, when such plants have received normal care and maintenance. B. Any trees or other plant materials that die back and lose the form and size as originally specified shall be replaced even though they may have taken root and are growing after the die-back. C. The Contractor, within 15 days of written notification by the City, • shall remove and replace all guaranteed plant materials which for any reason fail to meet the requirements of the guarantee. LANDSCAPE PLANTING DS-15 Section 02800-2 • 1.5 Guarantee: (cont. ) 1. Replacement material and plantings shall be to the same specifications as required for the original planting and all replacements shall be guaranteed as specified for the original guaranteed materials. PART 2: PRODUCTS 2. 1 Materials: A. Import soil : All median areas to be landscaped should be graded in a manner tFat will permit surface fill to a depth of three to six inches with a sandy textured import soil meeting the following specifications: Silt plus clay content of the import soil shall not exceed 20% by weight with a minimum 95% passing the two-millimeter sieve. The sodium adsorption ratio (SAR) shall not exceed six and the electrical conductivity (ECe) shall not exceed three milllimhos per centimeter at 25 degrees centigrade. The boron content shall be no greater than one ppm as measured on the saturation extract. • In order to insure conformance, samples of the import soil should be submitted to the city for analysis prior to and following backfilling. B. Fertilizers and soil conditioners: All material shall be first grade ana yT sis,quantity or weig trached to each sack or container. Delivery certificates shall be give to the inspector as each material is delivered. A list of materials used, together with typical certificates of each material , shall be submitted to the Architect prior to the final acceptance of the job. 1. Bulk humus and mulch shall be nitrogen stabilized ground fir or pine bark containing one percent (1%) nitrogen on a dry weight basis as manufactured by Sequoia Humus Products or Vita Bark, or equal . 2. Fertilizer/Soil Conditioner: commercial type, 12-12-12. A. The fertilizer/soil conditioner shall be derived from organic material such as decomposed animal , vegetable and mineral matter, shall be composed, relatively dry, friable and pass a one-inch sieve; shall not contain poultry, animal or human waste, pathogenic viruses, fly larvae, insecticides, herbicides, fungicides and poisonous chemicals that would inhibit plant growth. LANDSCAPE PLANTING ns-16 Section 02800-3 B. Fertilizers and soil conditioners: (cant. ) 3. Fertilizer Planting Tablets: Shall be seven ( 7) grams, 12-8-8, 20 per cent humus, four (4) per cent humic acid. 4. Steer Manure: Shall be well rotted and shall be reasonably free from sand and other foreign materials. Manures shall be free from noxious weeds and shall be screened through a 3/8 inch mesh after grinding. C. Plant Materials: 1. Plant materials indicated shall be furnished to size, quantities and spacing as indicated or noted for each location and shall be of the species, kind, sizes, etc., as symboled and described on the drawings. 2. Quality: A. Healthy, shapely, well -rooted, disease and insect free, not deformed or rootbound. B. Grown in nurseries inspected by the State Department of Agriculture. C. Free of abrasions , knots, injuries or disfigurements. • D. Plants not approved to be removed from site immediately and replaced with suitable plants. 3. Plants in broken containers will not be accepted and plants with broken branches or injured trunks will be rejected. 4. Lawn shall be Marathon type fescue sod. D. Miscellaneous Materials: 1. Stakes shall be round Lodge Pole Pine, made from the entire bole of the tree with bark removed and completely treated in a solu- tion of copper napthanate at least two inches (2") or two and one-half inches (2 1/2") in diameter, not less than eight feet (8') in length for five (5) gallon trees and ten feet (10') for 15 gallon trees. Stakes conically pointed at one end, with ten inches (10") taper and chamfered at other end. Utilize two (2) stakes per tree. 2. Guy wire: No. 12 BWG zinc coated iron. 3. Hydromulch Materials: a. Fiber Mat: Fiber shall be produced from cellulose such as • wood pulp or similar organic material. Fiber mulch shall have the property of becoming evenly dispersed and suspended LANDSCAPE PLANTING DS-17 Section 02800-4 D. Miscellaneous Materials: (cont. ) • when agitated in water. When sprayed uniformly on the surface of the soil , the fibers shall form a blotter-like ground cover which readily absorbs water and allows infiltration of water and air to the underlying soil and shall have an effective life of at least one ( 1) year. (The mulch material when supplied in packages measuring ten inches (10") by 18 inches by 35 inches shall have a gross air dry weight of 50 pounds. ) b. Stabilizing emulsion shall be non-toxic to plant or animal life and non-staining to concrete or painted surfaces. (The material shall be registered with and licensed by the State of California, Department of Agriculture, as an "auxiliary soil chemical ". ) Use AZ-TAC or approved equal . c. Contact Herbicide: For treatment to kill weeds and lawn both annual and perennial , approved by the Architect. Weed killer shall not leave stain or residue. PART 3: EXECUTION 3. 1 Grading: A. Moisture Content: The soil shall not be worked when moisture content is so great that excess compaction will occur nor when it is so dry that dust will form in the air or that clods will not break readily. Water shall be applied if necessary to provide ideal moisture content for filling and for planting as herein specified. B. Preliminary Grading: Shall be done in such a manner as to anticipate the finish grading. Excess soil shall be removed or redistributed before the application of fertilizer and mulch. Where soil is to be replaced by plants and mulch, allowance shall be made so that when finish grading has begun, there shall be no deficiency in the specified depth of mulched planted beds. C. The contractor shall check the site for weed growth prior to grading or disturbance of the soil in planting areas. These areas shall receive an application of contact herbicide per manufacturer's recommendations. D. Import Topsoil : Apply in layers and spread evenly. Thoroughly mix topsoil during the spreading to obtain a near uniform moisture condition and a uniform blend of materials. Fill shall be tested as • grading progresses, until final grades are achieved. LANDSCAPE PLANTING DS-18 Section 02800-5 • 3. 1 Grading: • E. Finish Grading: Shall consist of bringing all ground areas to uniform slopes, meeting grades of installed curbs, paving, etc. and drainage at a two percent (2%) slope unless otherwise indicated on the drawings. Ground shall be two-inches (2") below walks, curbs and headers in ground cover and shrub areas and one-inch (1") below same in lawn areas. Accurate flow lines shall be set by instrument to catch basins or other points of drainage flow. Modeling of finish grade shall be done as directed by the City. 3.2 Soil Conditioning: A. All planting areas shall be loosened to a depth of eight inches (8"). Apply at a rate of per 1,000 square feet: six (6) cubic yards nitrogen stabilized organic amendment derived from sawdust, 15 pounds 12-12-12 commercial fertilizer, ten (10) pounds soil sulfur and thoroughly blend to a depth of four inches (4" ). B. For all trees and shrub planting, the following prepared soil mix shall be used for backfill in tree and shrub pits : 6 parts by volume on-site soil 4 parts by volume nitrogen stabilized organic amendment 1 lb. 12- 12-12 per cubic yard of mix 2 lbs. iron sulfate per cubic yard of mix Thoroughly blend and mix prior to placement. Do not mix in plant pit. C. Trees and shrubs to be planted before hydromulch operation. After all trees have been planted, build basins around each and install a mulch of steer manure. Basins in lawn areas shall be removed prior to seeding the lawn. D. During the maintenance period, the Contractor shall apply commercial fertilizer/soil conditioner at the rate of 25 pounds per 1,000 square feet at the 45th day of maintenance period. One application requried. 3.3 Planting of Shrubs and Trees: A. All materials to be set so that when settled they shall bear the same relation to the finish grades as they bore to the container grade before being transplanted. B. The City's Representative shall approve all materials as to quality and placement before the holes are dug. LANDSCAPE PLANTING Ds-19 Section 02800-6 3.3 Planting of Shrubs and Trees : (cont. ) • C. Planting Tablets shall be placed six (6) to eight (8) inches deep at the side of rootball at the following rates : Container Size Tablets gallon —� 5 gallon 9 15 gallon 15 20" - 24" box 16 30" box 18 36" box 20 D. If soil settles away from the ball of earth around the plant after planting, fill topsoil around same to bring to proper level with finish grades. E. Upon completion of all planting operations and as a requirement just prior to the application of mulch, all soil between plants shall be lightly cultivated and neatly raked, removing basins around shrubs and trees. F. All shrubs and ground cover areas shall be mulched with redwood shavings at the rate of one and one-half ( 1 1/2) cubic yards per 1,000 square feet. • 3.4 Planting of Ground Covers : A. All ground cover plants shall be well -rooted cuttings and shall be evenly spaced and staggered in rows (triangular spacing) . B. Dig the holes for planting large enough to plant rootings in a vertical position without doubling. Firm the soil around the rootings and hand water immediately. 3.5 Planting of Turf Areas: A. After areas have been graded and soil amendments added as specified, the areas shall be dragged and raked to remove all rocks larger than one-inch ( 1") in diameter, lumps, weeds, roots and debris. This material shall be removed from the site. B. Areas shall be moistened for 21 days to germinate weed seed. C. Spray area with a contact weed killer. After weeds are dead, remove all dead weeds and grasses and sufficiently moisten around to dissipate any remaining weed killer. D. Seed bed shall be finally prepared by floating areas smooth to a neat uniform appearance free from humps and depressions. Contractor shall • request inspection prior to seeding. LANDSCAPE PLANTING Ds-20 Section 02800- 7 0 0 3.5 Planting of Turf Areas : (cont. ) • E. Hydroseeding: 1. Stabilizing emulsion shall be mixable with all available water at the time of mixing and application. Stabilizing emulsion shall not be applied during rainy weather or when soil temperatures are below 40 degrees F. Pedestrians or equipment shall not enter hydroseeded areas after the materials have been applied, until time for first mowing. 2. The materials shall be mixed and applied in the following proportions. Material Per Acre Stabilizing Emulsion 120 lbs. Fiber Mulch 2,000 lbs. Seed ( 10 lbs/1000 sq.ft. ) 430 lbs. Soil Conditioner/Fertilizer 300 lbs. Quantities of materials added to each tank load shall be verified by the Architect to insure compliance with the above proportions. 3. Mixing shall be performed in a tank with a built-in continuous agitation and recirculation system of sufficient operating capacity to produce a homogenous slurry of fiber. Apply the • slurry to the planted area at a continuous and uniform rate. The tank shall be a minimum capacity of 1,000 gallons. A dispersing agent may be added provided that the Contractor furnished evidence that the additive is not harmful to the mixture. Any material considered to be harmful shall not be used. 4. Materials shall not be applied more than four (4) hours after mixing. If material in place begins to dry, the Architect may require spray application of water to said material. The nozzles used for watering shall produce a spray that does not concentrate or dilute the material . 5. Areas that do not properly germinate shall be re-seeded at ten ( 10) day intervals until an acceptable growth is obtained. 6. Protect the lawn areas against damage, including erosion and trespass and provide proper safeguards. Replant damaged areas promptly. Special care shall be taken to erosion from surface drainage from other areas. Any damages from same shall be the Contractor's responsibility. 3.6 Watering: A. Apply water to all planted areas and plants during operations and • thereafter until acceptance of work. LANDSCAPE PLANTING ns-21 Section 02800-8 0 0 3.6 Watering: (cont. ) • B. Plants which cannot be watered efficiently with the existing water system shall be watered by means of a hose. C. Immediately after planting, apply water to each tree, shrub and vine by means of a hose. Apply water in a moderate stream in the planting hole until the material about the roots is completely saturated from the bottom of the hole to the top of the ground. D. Apply water in sufficient quantities and as often as seasonal conditions require to keep the ground, grass and planting moist. 3. 7 Tree Staking and Guying: A. ImmediatV after planting, all trees shall be staked or guyed. Stakes shall be placed as detailed. Guy trees as indicated on the drawings. B. The Contractor shall stake and guy one (1) tree as samples and obtain approval from the City before making other installations. 3.8 Pre-Emergent Weed Control Application: A. Upon completion of all planting operations, apply pre-emergent weed control over all ground cover and shrub areas. Prior to the completion of the 120 day maintenance period, cultivate all shrub and • ground cover areas and provide an additional application of pre- emergent weed control as per manufacturer' s instructions. 3.9 Clean-Up: A. Upon completion of all planting operations, the portion of the project site used for the apparatus of the work shall be cleaned of all debris, superfluous materials and equipment. All such materials and equipment shall be entirely removed from the project site. B. Walks or pavement shall be swept or washed clean upon completion of the work of this section. C. During the entire contract period, plant containers that have been cut or removed shall be cleared from the project site. 4. 0 Payment The lump sum price for this item shall include all labor, materials, tools, equipment and incidentials necessary to furnish and install the landscape planting complete in place, Maintain the landscape planting for 120 days, and no additional compensation shall be made. • LANDSCAPE PLANTING DS-22 Section 02800-9 BID ITEM 6 - BOMANITE CONCRETE The bid item shall consist of the furnishing and installation of Bomanite concrete to the lines and grades specified on the plans or staked in the field. The workmanship and materials for this item shall conform to Section 303-6 of the Standard Specifications, the applicable Standard Plans of the Orange County Environmental Management Agency and the Detail Specifications. • • DS-23 9 • CAMINO CAPISTRANO BRIDGE • SECTION - BOMANITE CONCRETE PART 1: GENERAL 1. 1 SCOPE A. All work in this section shall be as designated BOMANITE in the plans. The work shall include all labor, material , equipment and transportation required to install BOMANITE. The Contractor for this work shall be licensed, tooled and trained by BOMANITE Corporation to utilize the BOMANITE process and tools. (The Contractor shall be required to provide a foreman or supervisor who has done at least three ( 3) BOMANITE installations of high quality. ) B. Preparation work, including finish grading, setting of forms and screeds, and furnishing and installing of reinforcing wire (or bar) shall be done by either the BOMANITE Contractor or the General Contractor. C. Work provided by the BOMANITE Contractor includes : 1. Providing materials: concrete, colored hardener and colored curing compound. • 2. Special forming tools 3. Concrete placement 4. Colored hardener application 5. Colored curing membrane application 6. Final clean-up PART 2: PRODUCTS 2. 1 MATERIALS A. Concrete Mix Desi n: The concrete shall have a minimum compressive strength of 3, 00 psi. Portland cement shall conform to ASTM C 150, Type I, II or V, depending on soil conditions. Aggregates shall conform to ASTM C 33 and be minus 3/8". An air-entraining agent complying with ASTM C 260 and/or a normal-set or retarded-set water- reducing admixture complying with ASTM C 494 may be used, but nothing containing calcium chloride is permitted in the mix. • CAMINO CAPISTRANO BRIDGE DS-24 B. Colored Harfler: "Franciscan Red" BOMANITE*Ior Hardener (regular duty app ications) manufactured by BOMANITE CORP., California. (While not usually required, integral color may be used as a • supplement, but not a substitute for the colored hardener. Integral color shall be Chromix Admixture for Color-Conditioned Concrete, manufactured by L. M. Scofield Company, Los Angeles, California 90040, and clearly labeled "BOMANITE APPROVED".) The particular color shall be selected by the Architect. C. Colored Curin Com ound: Lithochrome Color-wax, manufactured by L. M. co ie d ompany, Los Angeles, California 90040, complying with ASTM C 309 as a curing membrane and with all applicable air pollution regulations and clearly labeled "BOMANITE APPROVED". D. Water shall not contain deleterious substances or any amount of impurities that will cause a change in the time of setting. The amount of water used in the mixture shall not exceed the amount necessary to permit material placement and consolidation. PART 3: EXECUTION 3. 1 INSTALLATION PROCESS A. Special concrete mix shall be placed and screeded to the proper grade and wood floated to a uniform surface in the normal manner. B. Expansion joints shall be as shown on the drawings and at corners, radius points and at regular intervals not to exceed twenty feet (20') on center. Set premolded expansion joint strip below finished • surface, temporarily secured to top of expansion strip or use a removable plastic filler strip. Expansion joints shall be sealed with a polysulfide water-proof caulking. C. Colored hardener shall be applied to the plastic surface by the dry- shake method using a minimum of 60 pounds per 100 square feet. It shall be applied in two shakes, wood floated after each, and troweled only after the final floating. D. While concrete is still in the plastic stage of set, the special forming tools shall be applied to make the desired patterned surface. E. Colored curing compound, thinned in the proportion of four (4) parts wax to three (3) parts mineral spirits (paint thinner), shall then be applied uniformly for curing with a roller or motor driven power sprayer. The coverage shall be approximately 600 to 650 square feet per gallon of unthinned curing compound. F. The sealed surface shall be polished by a fine brush which removes residual dust or grout from the surface. 3.2 PAYMENT The unit price per square foot for this item shall include all labor, • materials, tools, equipment and incidentals necessary to furnish and install the Bomanite concrete complete in place and no additional compensation shall be made. CAMINO CAPISTRANO BRIDGE DS-25 BID ITEM 7 - CONCRETE MOWSTRIP This item shall consist of the furnishing and placing of Portland cement concrete mow strips to the lines and grades shown on the plans or staked in the field. Concrete mowstrips shall be constructed in conformance to Sections 201, 303-5 and 400 of the Standard Specifications, and Standard Plan 1685 of the Orange County Environmental Management Agency. Payment The unit price per linear foot for this item shall include all labor, materials, tools, equipment and incidentals necessary to furnish and install the concrete mowstrips complete in place, and no additonal compensation shall be made. BID ITEM 8 - CONTROL OF TRAFFIC This bid item shall consist of the implementation of a complete traffic control program during the entire project period. The work shall include all phasing, traffic control plans, furnishing and placement of all temporary signing, striping, barricades, lights, cones, delineators, pavement markers, and flashing arrow signs. This item shall also include the use of flagmen, as may be required during the project period. The Contractor shall be required to maintain all traffic control devices in clean, good • working order and in their specified locations at all times when such devices are required to control traffic, including weekends and nights if necessary. The workmanship and materials for this item shall conform to Section 7-10 of the Standard Specifications, and to Section 12 of the Special Provisions. Payment The lump sum price for this item shall include all labor, materials, tools, equipment, and incidentals necessary to control traffic during the entire project period, and no additional compensation shall be made. • DS-26 SECTION 1 Applicable Standard of Plans of Orange County Environmental Management Agency • • • ----f S x Limited use Raised median Limited use area _ - arm Curb lino R/W -- - _ ' 4, 17- Lina of sight(Typ.) Toa of slope(TYp) Left and Right Turn Out Sight Distance \\ DISTANCE (FL) s Y' x' x" MAJOR 525 37 37 .3 1 PRIMARY 450 25 25 13 SECONDARY 350 18 18 6 COMM U TE R 300 0 0 0 \ i I \\ COLLECTOR 250 0 0 0 LOCAL 175 0 0 0 C e x and! %' are Cased upon a seanda ni 14 Median for major and primary mgnwoys LMruted Use Lim of Sight (Typ.) 11 4rl0 4 fbned Curb Line Median S lid I Left Turn In Sight Distance I I ORANGE COUNTY ENVIRONMENTALN/ E T /#GEEN�CY STD. PLAN Approved /� . C A b0 , Orncur t+ PuD�c Nbnys III Adopted: Res. 77-92. Revised' 62-718 INTERSECTION SIGHT DISTANCE SHEET I OF 2 NO ES: • L. The Limited Use area is determined by the graphical method using the appropriate distances given in the above table. It shall be used for the purpose of prohibiting or clearing obstructions in order to maintain adequate sight distance at intersections. 2. The Line of Sight line shall be shown at intersections on all landscaping plans, grading plans, and tentative tract plans where safe sight distance is questionable. In cases where an intersection is located on a vertical curve, a profile of the sight line may be required. The landscape plan submitted shall show the name, location, and mature dimensions, plotted to scale of all of the proposed trees within the Limited Use area. . 3. Walls or any obstructions that could restrict the view within the Limited Use Area shall not be permitted. 4. The toe of the slope shall not encroach into the Limited Use Area. 5. The Limited Use Area shall be as near level as possible, yet maintain proper drainage. 6. Plants and shrubs shall be of the type that will grow no higher than 12 inches above the ground within the Limited Use Areas. Plants and shrubs may have to be lower on crest vertical curves, per note 2 above. 7. Trees shall be selected from the Street Tree List - Std. Plan1700. Trees shall be spaced far enough apart such that adequate sight distance is maintained within Limited Use Areas. 8. Median areas less than six (6) feet in width shall be paved with concrete per Std. Plan1114. 9. Points A and A' are the locations of a driver's line of sight while in a vehicle at an intersection 10 feet back from the projectiun of the curb line. The distance Y' is the distance measured from the centerline of the road to the far right through traffic lane. The distance Y' is equal to zero for T-intersections. 10. The distance S represents the safe stopping sight distance measured along the centerline of the road. 11. Points C and C' are the locations (centerline of the travel lanes) where the driver of vehicle, traveling at a given speed, has the minimum stopping sight distance required to bring his vehicle to a safe stop. The distance X is the distance measured from the centerline of the road to the far right through traffic lane. The distance X' is the distance measured from the centerline of the road to the center of the travel Lane nearest the centerline of the road. ANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY STD. PLAN Approved C d2 1117 I I C.R Ne/son, recror o! Public Worts Approved ' Res 77-92 Revised Ras. 92-714 INTERSECTION SIGHT DISTANCE SHEET 2 OF 2 i PARKWAY AND MEDIAN STREET TREES • General Trees planted within the street right-of-way or trees planted within six (6) feet of any structure which is within the right-of-way shall be subject to the conditions of this standard plan for parkway and median trees. It is required that a landscape plan be prepared by a licensed Landscape Architect except for improvements involving one single family residence. The plan shall show all proposed planting and irrigation details and the minimum proposed planting distance from any structure for each species of tree. iDefinitions Structure: Any permanent improvement. Curb, gutter, sidewalk, light post, underground structure, etc. Planting Width: The minimum allowable distance between structures in which a tree can be planted (i.e. , back of curb to back of curb or back of curb to sidewalk) . Spacing: The minimum allowable distance between trees. Use of tree list and other trees Selection from the list for site suitability shall be the responsibility of the Land- scape Architect preparing the plans. Trees not shown on the list may be allowed with written approval from the Director of Public Works. A written request documenting the suitability of the proposed tree shall accompany the landscape plans. Planting criteria 1 . Trees shall be placed in accordance with the following criteria: Horizontal Plane a) No tree shall be planted within: ' Fifty (50) feet from an intersecting street measured from the inter- secting right-of-way lines. ° Thirty five (35) feet from a street light or a commercial, industrial or multi-unit residential (more than four units) driveway. Ten (10) feet from any single family or multi-unit (four units or less) driveway, utility pole, fire hydrant, utility service or roadway sign. ° Five (5) feet from any walkway connection or building entrance. b) Trees shall not be planted in a parkway or median smaller in width than the minimum planting width denoted on the list for each species. ORANGE COUNTY ENVIRONMErffALfEVAENTAENCY STO. PLAN CA. ft/w, Dovelr of Ao&k rres 1700 Rea. 78-791 An1eN' 83-1442 STREET TREE LIST SHEET 1 of " "M c)�.Trees shall not be Olited closer to the back of curb*r edge of sidewalk than one-half (1/2) the minimum allowable planting width denoted on the List for each species, and in no case shall trees be planted closer than two and one-half • (2-1/2) feet from the back of sidewalk where sidewalk abuts the curb. d) Trees shall be placed to allow adequate sight distance when planted within the "limited use area", as defined by Standard Plan vo. 1117. Vertical Plane a) Trees planted under or adjacent to utility lines shall be species selected with a mature growth height which will not conflict with the overhead utility lines. b) Trees shall be pruned to meet the following minimum standards: All traffic control or informational signs (official) shall be clearly visible. All branches overhanging roadway (beyond curb face) shall have a thirteen and one-half (13-1/2) foot minimum clearance. All branches overhanging walkways shall have a nine (9) foot minimum clearance. 2 . Trees planted within parkways or tree wells shall be planted in accordance with 1 standard plans1707 and1708. 3 . Tree wells will be permitted only where a minimum of four (4) feet of clear sidewalk is provided in accordance with standard plan14LO, and shall comply with standard plan1709. +. Continued maintenance including trimming, spraying and, if necessary, removal and replanting of street trees installed under the terms of an encroachment permit shall be the responsibility of the permittee. i. Failure to install in accordance with this standard plan, to install without an encroachment permit, or to properly maintain as required shall* be subject to pro- visions of the California Streets and Highways code authorizing corrective action by Director, Environmental Management Agency at the expense of the permittee or property owner. MUNTY E=! �7MA.N/AG MENTT AGENCY SM PLAN j GA. APiwa, alNr •f O"M rrev 1700 �. 4ea. 70-791 AwbN- 83-1442 STREET TREE LIST SHEET 1 OF PARKWAY AND STREET MEDIAN TREES Minimum Botanical Name Planting Common Name Type Height Spread Width Spacing Special Conditions Agathus robusta Queensland Kauri E 50 30 4' 40' Agonis flexuosa Australian Willow, Peppermint E 35 25 10' 40' Albizia julibrissin Silk Tree D 25 25 14' 40 Deep watering req'd Alnus cordata Italian Alder D 40 25 14' 40' Deep watering req'd Alnus rhombifolia White Alder D 14' 40' Deep watering req'd Bauhinia variegata Orchid Tree D 35 25 14' 40' Brachychiton acerifolius. Flame Tree D 60 30 10' 45' Brachychiton discolor Queensland Lacebark D 70 35 10' 25' Brachychiton populneus Bottle Tree D 45 30 10' 45' I Brahea armata II Mexican Blue Palm P 40 12 4' 30' Brahea edulis Guadalupe Palm P 30 15 4' 30' Callistemon citrinus Lemon Bottle Brush E 25 15 4' - 25' Callistemon viminalis Bottle Brush E 30 15 4' 20' t Calodendron capensis Cape Chestnut E 45 40 10' 50' Cedrus atlantica Atlas Cedar E 45 30 10' 40' ORANGE ODUNTY E?1 ROWENTAL/� MM EMENT AGI- STD PLAN LA AY/ww, awoctr of ti.Orr Wros Rez.78-791 11wbN83-1442 1700 STREET TREE LIST SHEET 3 OF6 Minimum otanical Name Planting Common name Type Height Spread Width Spacing Special Conditions Cedrus Deodara Deodar Cedar E 80 40 10' 40' Cinnamomum camphora Camphor Tree E 40 40 14' 50' Deep watering req'd Cupaniopsis anacardioides Tuckeroo, Carrotwood E 30 25 4' 30' Erythrina caffra Kaffir-bloom Coral Tree D 40 45 10' 50' Deep watering req'd Erythrina coralliodes Naked Coral Tree D 30 30 10' 45' Deep watering req'd Eucalyptus citriodora Lemon-Scented Gum E 50 35 6' 45' E. cladocalyx Sugar Gum E 60 35 6' 45' E. ficifolia Red Flowering Gum E 40 25 6' 35' eucoxylon hite Ironbark E 50 35 6' 45' E. maculata Spotted Gum E 50 35 6' 40' E. nicholli Willowleaf Peppermint E 40 30 6' 30' E. polyanthemos Silver Dollar Gum E 45 25 6' 40' E. robusta Swamp Mahogany E 60 35 6' 40' E. rudis Desert Gum E 45 35 6' 40' E. sideroxylon ' Red Ironbark E 60 40 6' 45' Ficus rubiginosa Rusty Leaf Fig E 40 40 10' S0' • I 'ORANGE COUNTy STD. PLAN Cit. AN , A.ear of A,&* rrr# I �oo `70%.78.791 b•bN: 83-1442 STREET TREE LIST SNE[T' �6 Minimum Botanical Name Planting Common Name Type Height Spread Width Spacing Special Conditions Gingko biloba Gingo Tree D 45 25 4' 35' Male plants only Jacaranda acutifolia Jacaranda D 40 30 6' 50' Koelreuteria bipinnata Chinese Lantern Tree D 35 25 6' 40' Koelreuteria paniculata Goldenrain Tree D 35 20 6' 40 Lagerstroemia indica Crape Myrtle D 25 30 3' 30' Liquidambar orientalis Oriental Sweet Gum D 30 25 4' 30' Deep watering req'd Liquidambar styraciflua American Sweet Gum D 50 25 4' 35' Deep watering req'd Lithocarpus densiflora Tanbark Oak E 50 35 6' 45' Magnolia grandiflora Southern Magnolia E 60 40 6' 50' Melaleuca quinquenervia Cajeput Tree E 35 25 4' 40' Olea europaea (fruitless) European Olive E 35 30 14' 40' Phoenix canariensis Canary Island Date Palm P 60 35 12' 50' Pinus canariensis Canary Island Pine E 60 30 6' 45' Pinus patula Jelecote Pine E 70 45 14' 45' Pinus pinea Italien Stone Pine E 75 50 14' 50' Pistachia chinensis - Chinese Pistache D 50 40 6' 50' • ORANGE COUNTY EA11/iiONNETITAL MAN MENT AGENCY STD PLAN Res.78-791 ft"bN 83- 1442 1700 k., STREET TREE LIST _ _MEE. ; OF i ' Minimum • ��,.,..,.w Botanical Name Planting Common Name Type Height Spread Width Spacing Special Conditions C ettosporum viridiflorum Cape Pittosporum E 25 15 4' 35' i Platanus acerifolia London Plane Tree D 50 35 4' 40' Podocarpus gracilior Fern Pine E 35 20 4' 35' Quercus agrifolia Coast Live Oak E 50 35 14' 50' Oak root fungus susceptible caution Q. ilex Holly Oak E 50 40 6' 40' Oak root fungus susceptibl caution Q. suber Cork Oak E 50 45 14' 45' Oak root fungus susceptible caution Q. engelmanii Mesa Oak E 60 50 14' 50' Oak root fungus susceptible caution �nocarpus sinuatis Firewheel Tree E 30 15 4' 30' Tipuana tipu Tipu Tree D 25 20 6' 30' - Trachycarpus fortunei Windmill Palm P 25 10 3' 25' Tristania conferta Brisbane Box E 45 25 4' 40' Umbellularia californica California Bay Laurel E 25 20 6' 35' MV:ltPWD21-15 5/26/83 ANGE COUNTY STD. PLAN �� G'w/rte, A+�nr •� �k tris f Res.78-791 OwbN 83-1442 ( ■ OO STREET TREE LIST SwEETh a5 6" Walk, Pavement or other Structure I e s ; 2=0°Min. for lines „SII Is 21/2"1$1 I -0 Min. 3'-0"Min, under pave- ment for all lines Non-pressure line (lateral) and lines ) 2 1/2"0 Direct Burlai Low Voltage Control Wires �II • Pressure line (main or lateral ) NOTES: I. Trenching and backfilling shall be per Standard Specifications. 2. Minimum backfill relative compaction shall be 90 %. 3. Bundle control wires together and tape to pipe at 10 foot intervals. i I I I ORANGE COUNTY ENVIRONMENTAL M_!ANAG MfiNT GENCY STD PLAN • Approved ( _ I• �� C {O", ^wb lt � 0� puDirO WO�wS 1760 Ado D?sd+ Rif. 78'791 Revised Res 79. 725 IRRIGATION LINE TRENCHING SNEETIOF I PATTERN-STAMPED MEDIAN PAVING Concrete median pavement shall be imprinted with the Bomanite cobblestone pattern (without grout) or an approved equivalent. Imprinting of the concrete shall be done in a uniform manner with depth and width of imprint being 1/2-inch, having no more than 1/8-inch variance from one area to another. Imprint valleys shall be free from ridges. Colored hardener shall be terra cotta (A-29) "lithochrome color hardener" as manu- factured by 0. M. Scofield Company, Los Angeles, California, or an approved equivalent . The minimum rate of application of the hardener shall be 60 pounds per 100 square feet. Colorwax curing and finishing compound shall be terra cotta "lithochrome colorwax" as manufactured by L. M. Scofield Company, Los Angeles,, California, or an approved equiva- lent. Minimum application coverage shall be 600 square feet per gallon of unthinned colorwax. Final color appearance shall be uniform throughout the entire surface area. All surfaces that are not uniform in color and surface texture will be rejected. INTERLOCKING CONCRETE PAVERS Interlocking concrete pavers shall conform to ASTM C 55-71 and shall be grade N-1. Pavers shall be normal weight classification and shall have a minimum compressive strength of 4000 psi, and shall be of the size and shape indicated on the plans. The color of the pavers shall be terra cotta or approved alternate. Two samples of each kind and color of paver to be used shall be submitted to the Engineer for his approval at Least 48 hours prior to placement of pavers. Materials shall be delivered, stored, and handled in a manner to prevent damage by breakage, water or moisture or the inclusion of foreign particles. No materials shall be dumped or stored on the ground. Materials shall be stored on a clean surface or platform as required and shall be protected from deterioration and foreign matter. 1 Pavers shall be clean and free of dust, dirt or other foreign materials before laving. Concrete pavers shall be laid in the pattern indicated on the plans. Patterns shall not be mixed. Pavers shall be laid plumb, level, and true to line. Corners and angles shall be square unless otherwise indicated on the plans or directed by the Engineer. Pavers shall be laid and worked out to properly coincide and align with adjacent work. No fractional parts of pavers will be permitted in the work where whole pavers can be used. The laying of pavers shall start in one corner. Pavers shall be placed along one side of the working area in the indicated pattern. Paving units shall be placed carefully on the sand bed and shall be placed tight together and level. ORANGE - COUNTY ENVIRONMENTAL MAN gEVIENT J AGENCY STD PLAN LA wvsa��Onecoor of Rwooc warts 1 (� O7 aOpptq Ria 79'791 Res1sM, +v SPECIAL PROVISIONS-CONCRETE MEDIAN PAVING SHEET I Tc2 Ask qW • INTERLOCKING CONCRETE PAVERS (Cont 'd) Pavers shall be used as a base from which to work to avoid walking in or disturbing the sand bed. Paving unit joints shall be filled by spreading dry, clean, washed plaster sand on top of the pavers and sweeping the plaster sand into the joints. The entire paved area shall be wet down with a water hose, washing excess sand into the joints. This procedure shall be repeated as necessary to fill the joints flush with the top of the pavers. • i • ORANGE COUNTY ENVIRONMENTAL M AAJNA EMENT AGENCY STD PLA% aep.o.ea � 1 r�_ CF etvsm , Obecbr o/ fLObc MOrfs 1807 t,c ore,: Ret 78' 91 Ilevieei Q SPECIAL PROVISIONS - CONCRETE MEDIAN PAVING SHEE- 2 2