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1988-0621_TOYO LANDSCAPING CO_Contract (2)May 26, 1989 Mr. Francis Oshita Toyo Landscape Company P.O. Box 2367 Garden Grove, CA 92642 Dear Mr. Oshita: 1U; MEMO ERZ Of THE CITY COUNCIL ANTHONY L.@LAND LAWRENCE f. OUCNHEIM RENNETH 11.►RIEOO GARY L. HAUODOR►ER PHILLI• R. OCHWARTZE CITY MANAGER STEPHEN ■ JULIAN Effective July 1, 1988, your company, Toyo Landscaping Company, was awarded several contracts by the City of San Juan Capistrano. As a condition of those awards, all of the conditions and specifications set forth in the contract documents are to be carried out. On October 21, 1988, 1 sent you a letter indicating my general dissatisfaction with the performance of your company. I never received an answer to my letter. In addition, I tried to contact you at your office and had no luck for about two months. You have also been sent more than a dozen letters from my Park Superintendent, Jack Galaviz, indicating specific problems with your company's performance. This week, I personally walked all of the parks and parkways which your company is under contract to maintain. I was extremely disturbed of the conditions I observed. Trash was overflowing many trash cans, for several consecutive days. The irrigation systems are not working properly, causing dry areas. Detail trimming around trees, walks, buildings, etc. is poor at best. In general, the parks look worse than they have in years. I have discussed this with your field personnel, but they say that they are under- staffed and cannot perform. Also, I have not received any work schedules indicating where your personnel are working. This has been requested several times, and is stipulated in the contract documents on page page SP -19. Due to these circumstances, the City is now exercising its right to terminate the contracts between the City of San Juan Capistrano and your company, Toyo Landscaping Company. These contracts will be terminated 30 days from the receipt of this letter. The termination date will be June 30, 1989. This termination provision is in the contract documents on page SP -1, Change 1: Contract Termination. Public Works Superintendent: Director of Public Works: "City Copy" CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and Toyo Landscaping Company 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 maintenance of City Facilities 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- 0 0 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 mal judge as reasonable for the legal services of any attorney representing the City in and 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 DIE11 WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem v.ages, 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. Insurance certificates shall be for a minimum period of one year. 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- A � • permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California 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: June 21, 1988 ��� / BY:�GYily CONTRACTOR ATTEST: APPROVED AS TO _17_ plelsc Sign Re4u2n fKA-c- U+4- June 24, 1988 0 1 �`f� Copy MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN 8 JULIAN Toyo Landscaping P. O. Box 2367 Garden Grove, California 92642-2367 Re: Award of Contracts - Landscape Maintenance Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held June 21, 1988, awarded the following contracts for landscape maintenance to your company: City Parks in the amount of $173,250 for the two-year contract; City Facilities in the amount of $22,800 for the two-year contract; Landscape Maintenance District No. l in the amount of $76,494 for the one- year contract. Enclosed are fully -executed copies of the Agreements for your records. We have received all bonds and insurance. Please return an acknowledged copy, of this Notice of Award. Thank you for your cooperation. If we can be of further assistance, please call. Very truly yours, ���yL9i�ei Mar y Ann H ov r, Chic ` City Clerk MAH/mac Enclosures cc: Director of Public Works Director of Administrative Services Receipt of the foregoing Notice of Award is hereby acknowledged: By This 12Z day of /art 1988. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 u 0 Creek Road, and to approve the Hold Harmless agreement between the City and James W. Diffley. The Slayor and City Clerk were authorized to execute the Agreement on behalf of the City. 3. SBER USER FEE STUDY MODIFICATION (1040.20) 5. \bitten Communications: Report dated June 21, 1988, from the Director of Public works, advising that a sewer user tee study was being undertaken to bring the City into compliance with Mate Environmental Protection Agency requirements for assessment fo commercial sewer user fees in an equitable manner based on business operations and sewage components. The report advised that to provide consistent implementation of the fees between commercial/industrial users and equivalent dwelling units (i.e., single- family residences), it was necessary to extend the original scope of work for review of the capacity tee schedule. A budget adjustment in the amount of $10,000 was required to accommodate the work. It was anticipated that the new regulations could be implemented in January, 1989. Approval of Budget Adjustment: It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to approve the transfer of atonies within the Sewer Enterprise Fund (Account No. 17-6213-4417) in the amount of $10,000 for additional work on the Sewer User Fee Study. D OF CONT 600. urttten lomnwmcattons: Report dated June 21, 1988, from the Director of Public Viorks, forwarding results of bids received for maintenance of City parks, parkways, medians, City facilities, landscape districts and Landscape Maintenance District No. 1. tXith the exception of the one-year Landscape Maintenance District contract, all contracts are to be in effect for two years. Frank Boscanni, 29591 .Monarch Drive, noted that the homeowners had intended to assume maintenance of the area in Landscape Maintenance District No. I, but had discovered that 1 l homes had not been included in the District and could not legally be required to participate in the financial costs. fie requested input and assistance from the City to resolve the problem. Award of Contract: It was moved by Councilman Bland, seconded by Councilman Friess and carried with Councilman Schwarize abstaining, to accept the bids as complete and to award the contracts to the low responsible bidders as follows: City Parks - Toyo Landscaping of Garden Grove in the amount of $173,250; City Parkways - Capistrano Valley Landscape of San Juan Capistrano in the amount of 107,040; --2> City Facilities - Toyo Landscaping in the amount of $22,800; Landscape Districts - Capistrano Valley Landscape in the amount of $63,400; 12- 6/21/86 S 9 0 Landsca e Maintenance District No. 1 - Toyo Landscaping in the amount of 76,494. All other bids were rejected. The Mayor and City Clerk mere authorized to execute the contracts on behalf of the City. ORDINANCES AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - Written Communicptions: Report dated June 21, 1988, from the City Clerk, advising that the Ordinance was introduced at the meeting of June 7, 1988, and was scheduled for adoption. Adoption of Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. it was moved by Councilman Friess, seconded by Councilman Buchheim that the following Ordinance be adopted: ORDINANCE NO. 631. AMEN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-4.505, ENTITLED "VESTING TENTATIVE MAPS," OF TITLE 9, ENTITLED "LAND USE," OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Bland, and .Mayor Hausdorfer NOES: :None ABSENT: None 2. .APPROVING REZONE 88-2 (VIA PASTORAL) (ADOPTION) (460.20) Written Communications: Report dated June 21, 1988, from the City Clerk, advising that the Ordinance was introduced at the meeting of June 7, 1988, and was scheduled for adoption. Adoption of Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Buchheim, seconded by Councilman Friess that the following Ordinance be adopted: ORDINANCE NO. 632, REZONE 88-2 (VIA PASTORAL) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY TITLE 9 OF THE MUNICIPAL CODE BY CHANGING THE ZONING OF ASSESSOR'S PARCEL NOS. 649-091-05, 649-091-06, 649-091-07, AND 649-321-04 FROM SMALL ESTATE (ES) TO LARGE ESTATE (EL) -13- 6/21/88 AGENDA ITEM TO: FROM: SUBJECT: SITZ 1 A TION • • COPY June 21, 1988 Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works Award of Contracts - Landscape Maintenance At the direction of the City Council, bids were solicited for the maintenance of various City landscape areas. These include City parks, parkways and medians, City facilities, landscape districts, and Landscape District No. 1. The bids were opened at 2:00 p.m. on May 17, 1988. The following bids were received: Capistrano Valley Landscape J&R Landscape Midori Gardens Toyo Landscaping *Indicates Low Bidder 173,250 * 108,110 22,800 * Landscape Landscape Districts Dist. No. 1 $68,400 99,558 79,528 84,480 -0- $78,000 76,944 76,494 * Note - All figures shown are the cost for a two (2) year contract, with the exception of Landscape District No. 1, which is a one (1) year contract. The low bidders on each item were notified and were requested to supply verification of their contractor's license, spray license, and letters of reference from other cities and municipalities where they are currently performing similar work. After checking the submitted information, the low bidders on each item meet the requirements set forth in the specifications. As directed by City policy, the low bidders were informed that they had met the requirements and would need to provide the City with the required bonding and insurance certificates prior to the award of the contracts. The low bidders have complied with this requirement. NOTIFICATION Capistrano Valley Landscape J&R Landscape Midori Gardens Toyo Landscaping Residents of Landscape Maintenance District No. 1, Tract 7673 (Mission Woods), Tract 8485 (Mission Springs), Tract 9382 (Belford Terrace), Tract 9284 (Seaview Estates) have been notified of the overall process. i CITY Ct_+ir!"JCIt AC£NGa L l H.Ze. City Parks Parkways Facilities -0- $107,040 * $36,400 $177,600 117,200 57,600 183,984 119,040 48,048 *Indicates Low Bidder 173,250 * 108,110 22,800 * Landscape Landscape Districts Dist. No. 1 $68,400 99,558 79,528 84,480 -0- $78,000 76,944 76,494 * Note - All figures shown are the cost for a two (2) year contract, with the exception of Landscape District No. 1, which is a one (1) year contract. The low bidders on each item were notified and were requested to supply verification of their contractor's license, spray license, and letters of reference from other cities and municipalities where they are currently performing similar work. After checking the submitted information, the low bidders on each item meet the requirements set forth in the specifications. As directed by City policy, the low bidders were informed that they had met the requirements and would need to provide the City with the required bonding and insurance certificates prior to the award of the contracts. The low bidders have complied with this requirement. NOTIFICATION Capistrano Valley Landscape J&R Landscape Midori Gardens Toyo Landscaping Residents of Landscape Maintenance District No. 1, Tract 7673 (Mission Woods), Tract 8485 (Mission Springs), Tract 9382 (Belford Terrace), Tract 9284 (Seaview Estates) have been notified of the overall process. i CITY Ct_+ir!"JCIt AC£NGa L l H.Ze. AGENDA ITEM . • June 21, 1988 Page 2 COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS Monies for the maintenance of City -owned properties are budgeted through the Public Works Maintenance Budget, Account #01-6213-4440. This amount will be $151,545 per year. Costs for the maintenance of the Landscape Districts are borne by the Districts. These costs are assessed to the individual property owners in the districts. ALTERNATE ACTIONS 1. Accept the bids and award the contracts to the low bidders as follows: Parks - Toyo Landscaping ($173,250) Parkways - Capistrano Valley Landscape ($107,040) City Facilities - Toyo Landscaping ($22,800) Landscape Districts - Capistrano Valley Landscape ($68,400) Landscape District No. 1 - Toyo Landscaping ($76,494) 2. Do not award the contracts. 3. Refer back to Staff for additional information. 4. Reject all bids and readvertise. RECOMMENDATION By motion, accept the low bids as noted above and award the contracts to the low bidders as noted. Respectfully submitted, W. D. Mur yl WDM/RCS:nb EXECUTED lN_�G COUNTERPARTS BOND NO: 046508 PERFORMANCE BOND Instal p dyrged for this bond la $570.00 _ s„b�to KNOW ALL MEN BY THESE PRESENTS: u�"°�x�'tr:cvrsu ra.r�aa�lationolcontradat :.ypiicable rale of final contract price. That TOYO LANDSCAPING COMPANY. INC. as Principal, hereinafter called CONTRACTOR, and INSURANCE COMPANY OF THE WEST--, as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of TWENTY TWO THOUSAND EIGHT HUNDRED AND NO/100------($22,800.00) 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): MAINTENANCE OF CITY FACILITIES 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. MKi19 BOND NO: 046508 • - • - 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 15th day of June 19 88 . at Costa Mesa , California. APPROVED AS TO FORM PRINCIPAL TOYO LANDSCAPING COMPANY, INC. By: (NOTARIZATION AND SEAL) SURETY INSURAt ANY OF THE N Ancis G. Jarvis, r , At (NOTARIZATION ANO -SEAL) -21- STATE OF CALIFORNIA�___,� I COUNTYOF lLllt�411LLVVlGE isa W F On ,7nna 1,h r 19813 , before me, the undersigned, a Notary Public in and for said State, personally appeared Francis 011Shltd and E E , personally known to me (or proved to me on the a c basis of satisfactory evidence) to be the persons who executed the within instrument as Z n LL E —"---'—'—'—' President and ------------icy, on behalf f o U TOyO Laridscapin CO.. Inc OFFICIAL SEAL m %0 o m the corporation therein named, and acknowledged to me that 4 SUSAN DAVIES a such corporation executedthe within instrument pursuantto its NOTARY PUBLIC - CALIFORNIA U c �� PRINCIPAL OFFICE IN by-laws or a resolution of its board of directors. ORANGE COUNTY m WITNESS my hand and o alseal. My Ctxmmnsion Exp. 11141n 50. 1489 m N O M Signatur (This area for official notarial seal) ACKNOWLEDGMENT BY CORPORATE SURETY State of California County of Orange OFFICIAL SEAL s JUDITH K. CUNNINGHAM NOTARY PUBLIC CALIFORNIA .o PRINCIPAL IN ORANGE COUNTY MY COMMISSION EXPIRES SEP. 30, 1988 j On June 15, 1988 , before me, the undersigned, } ss. .a Notary Public of said county and state, personally appeared _ Francis G. Jarvis, Jr. personally known to me to be the Attorney -in -Fact of INSURANCE COMPANY OF THE WEST the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. EX5CUT!I U [M1!OLREC (-3) 0 - - COUNTERPARTS BOND NO: 046508 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 TOYO LANDSCAPING COMPANY, INC. C-,I� , License No. 723`P%uO , hereinafter designated as "Principal', a contract for MAINTENANCE OF 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, Principal, and held firmly THEREFORE, we INSURANCE COMPANY OF THE WEST as surety, are bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of TWENTY TWO THOUSAND EIGHT HUNDRED AND NO/100------------ DOLLARS ($ 22,800.00), 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 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. _42_ BOND NO: 046508 • 0 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 15th day of June 19 88 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. APPROVED AS TO FORM TOYO LANDSCAPING COMPANY, INC. PRINCIPAL By INSURANCE COMPANY OF THE WEST SURETY c By Francis G.arv!S, t orney-in act -23- STATE OF CALIFORNIA ORANGE )ss. COUNTY OF 1 m F On Jhnp �f , ],�$$ ,before me, the undersigned, a Notary Public in and for said State, personally appeared Fraprn S ahs t -a and y --- -_ --------------- E ,personally known to me (or proved to me on the a C basis of satisfactory evidence) to be the persons who executed the within instrument as E _______ LL E _ President and E 7b�caping Co., Inc ------ y OFFICIAL SEAL Wg oro the corporation therein named, and acknowledged to me that SUSAN DAVIES aU - c such corporation executed the within instrument pursuant faits NOTARY PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN by-laws or a resolution of its board of directors. " ORANGE COUNTY W WITNESS my hand and off ici eal. �,, .oe%WMY Commission Exh-:Ongi6 N O M S' (This area for official notarial seal) ACKNOWLEDGMENT BY CORPORATE SURETY State of California ) On ,lune 15, 1988 , before me, the undersigned, T ss. -a Notary Public of said county and state, personally appeared County of Orange Franric G. Jarvis Jr. personally known to me to be the Attorney -in -Fact of TNcnRANCE COMPANY OF THE WEST OFFICIAL SEAL the Corporation that executed the within instrument, and known JUDITH U CUNNINGHAM a ,;R NUDITY PUBLIC N CALIFORNIA IO me to be the pt[SOn who executed the said instrument on PRINCIPAL OFFICE COUNTY N behalf of the Corporation therein named, and acknowledged to MY COMMISSION EXPIRES SEP. U Y me that such Corporation executed the same. INSURAI*E COMPANY OF THE&lLST HOME Off ICE: SAN DIEGO. CALIFORNIA Cenlied Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City Of San Diego, California, does hereby non%ina(e. constitute and appoint: F. E_ LEGRAND FRANCIS C. TARVIS, JR. MARY A. JENNY its true and lawful Attorneyfs)-in•Fact, with full power and authority hereby conferred in Its name, Place and stead, to execute, seal, acknowledge and defiver any and all bonds, undertakings, recognizances or other Written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President Of Secretary may from time to time appoint Attorneystin-Fact to represent and act for and on behalf of the Company. and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove Such Atlorneysin-Fact and revoke the Power of Attorney given him Of her; and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney4n-Fact shall be as binding upon the Company as if signed by the President and scaled and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 22ND DAY OF MARCH 1986 INSURANCE COMPANY THE WEST 100 . President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 22ND DAY OF MARCH 19BLfore the subscriber, a Notary Public of the State of California. in and for the County of San Diego, duly Commissioned. and Qualified, came ERNF.ST RADyr President of INSURANCE COMPANY OF THE WEST, to me Personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly swdrn, dePOseth and saith, that he is the said officer of the Corporation aforesaid, and that (he seat affixed to the Preceding instrument is the Corporate Seat of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal. at the City of San Diego, the day and year first above written. OR S i.;Fti:<icR.4f J09 142 iSSyj _.:� :i::sf«:xrc•curCaxl Tuc:«C,m «S.a pipCwal }, Notary Public .�`i�"1ktFXflci ��lYaU'cSff.NN��^ STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO 1, the undersigned. Richard S. King. Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY. of which the foregoing is a full. true and correct COPY. is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, 1 have hereunto subscribed my name as Secretary. and affixed the Corporate Seal of the Corporation. this 15th day of June 4988. OftCWCAL37 (REV,5/82) i • B I D O P E N I N G R E P O R T Bids opened May 17, 1988 at 2:00 UA/pm M intenlmce f Landscaping - Project Tit�e Various City Parks, Parkway Areas, and Specified City Facilities Parkways -$6p 0p0.po Project Engineer Ron Sievers Pre -Bid Estimate Pdrks-$90,000.00 COPY Facilities-$lS,000.00 Bid Bid Bidder: Amount Bond 1. Capistrano Valley Landscaping and Maint. Parks MENOW ^ 000' to 04tQ Parkways .3 Faciliti 2. J & R Landscape Parka Parkways Facilities J'7' lade - 3. Midori Gardens Park-, .o da CNLJ Parkways Facilities res l+al b 4. Toyo Landscaping Company Parks Parkways Facilities 31To AA 5 • Parks Parkways Facilities 6 • Parks Parkways Facilities 7 • Dnrlrc Parkways Faciliti- 8 • Pg7I(C Parkways Facilities 9. 10. cc: City Clerk's Staff (3) Signed Public works (3) City Manager (1) Dated f�_t 7 . The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. i BID PROPOSAL 16(p, -ba 1*0AotT For the: MAINTENANCE OF LANDSCAPING VARIOUS CITY PARKS, PARKWAY AREAS, AND SPECIFIED CITY FACILITIES From: TOYO LANDSCAPING COMPANY 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 and Specifications and General Conditions 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 maintenance 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: City Parks ONE W"ID,SEVFNIT-THREE THOUSAND, 1W HUNLYM, FIM &NJ/100 $ 173,250.00 W ords Figures City Parkways ONE MMRED, EIGKT THWSAND, ONE fl MPM TEN, & N01100 $ 108,110.00 Words Figures City Facilities TWENl'Y-M THOUSAND, EIGHT MN RED, & ND1100 $ 22, 800.00 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. It is the intent of the City of San Juan Capistrano, that each of 3 individual lump sum items, identified as City Parks; City Parkways; and City Facilities be bid individually, and that the lowest qualified bidder on each item be awarded the contract for that particular item. The contract(s) will not be awarded based on the lowest cumulative bid for the total of all three items. -3- 0 0 AIl1TI! P l U TD AAICIIITT AI 1 =! Ar nI1Q1 1(`A TT Ik[C COPY TO: CAPISTRANO VALLEY NEWS Jody Kolar, Legal FOR PUBLICATION ON: THURSDAY, APRIL 28, 1988 THURSDAY, MAY 5, 1988 DOCUMENT TO BE PUBLISHED: PROOF OF PUBLICATION: AUTHORIZED BY: DATE: April 21, 1988 NOTICE INVITING BIDS - MAINTENANCE OF LANDSCAPING PROJECTS Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 Date of Bid Opening - 5/17/88 Date (s) notice published - 4/28/88 - 5/05/88 Date affidavit received Date notice posted in designated posting places (3) - 4/28/88 0 NOTICE INVITING BIDS 0 MAINTENANCE OF LANDSCAPING PROJECTS Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the following projects up to 2:00 p.m. on the 17th day of May, 1988: 1. Maintenance of Specified Landscaping in Landscape Maintenance District No. I (Capistrano Royale); 2. Maintenance of Landscaping in Tracts 7673, 8485, 9382, 9284 and 9373/7654, and; 3. Maintenance of Landscaping of Various City Parks, Parkways, and Specified City Facilities. A pre-bid conference is scheduled at 1:00 p.m. on the 6th day of May, 1988, at the City offices to assist contractors. Copies of Plans and Specifications may be obtained at the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California for a charge of $5.00. There will be a $5.00 charge for postage and handling on all plans and specifications mailed. Dated: April 21, 1988 CITY ERK CITY OF SA. JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA 0 WNAL VARIOUS 0 0 NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 17th day of May 1988, receive sealed proposals or bids for the Maintenance of Landscaping VARIOUS CITY PARKS, PARKWAY AREAS, AND SPECIFIED CITY FACILITIES in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1983 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. It is the intent of the City of San Juan Capistrano, that each of 3 individual lump sum items, identified as: City Parks, City Parkways; and City Facilities be bid individually, and that the lowest qualified bidder on each item be awarded the contract for that particular item. The contract(s) will not be awarded based on the lowest cumulative bid for the total of all three items. -1- 0 0 It is the intent of the City of San Juan Capistrano, that each of 3 individual lump sum items identified as: City Parks, City Parkways; and City Facilities, be bid individually, and that the lowest qualified bidder on each item be awarded the contract for that particular item. The Contract(s) will not be awarded on the lowest cumulative bid for the total of all three items. A pre-bid conference is scheduled at 1:00 p.m, on the 6th day of May 1488, at the City offices. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not 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. 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 two years (730 calendar days) has been set for the completion of the work, from the date of execution of the contract. 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 -2- 0 0 specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $5, 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. DATED CITY LER CITY OF S. N JUAN CAPISTR.ANO ORANGE COUNTY, CALIFORNIA -2a- 9. e • As set forth in the report dated April 19, 1988, from the Director of Public Works, the plans and specifications for the asphalt concrete overlay of Camino Capistrano from Junipero Serra Road to Trabuco Creek Bridge were approved. Staff was authorized to call for bids. The Engineer's estimate for the project was $60,000. Sufficient funds were available in Account No. 12-6900-6703. As set forth in the report dated April 19, 1988, from the Director of Public Works, the specifications for maintenance of City parks, parkways, facilities, and landscape maintenance districts were approved and staff was authorized to call for bids. LO. CITY-WIDE CLEAN-UP WEEK - MAY 2 - 6, 1988 (530.60) The report dated April 19, 1988, from the Director of Public Works, advising that the annual City -Wide Clean-up Week had been scheduled for the week of :.,ay 2-6, 1988, was ordered received and filed. 11. WESTSIDE ANNEXATION - RESOLUTION TERMINATING PROCEEDINGS (620.20) As set forth in the report dated April 19, 1988, from the City Attorney, the following Resolution terminating annexation proceedings was adopted: UTION NO. 88-4-19- Rt�OLUf1ON OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING FINDINGS AND TERMINATING ANNEXATION PROCEEDINGS WITH RESPECT TO WESTSIDE ANNEXATION NO. 2 12. ACCEPTANCE OF GRANT DEED (670.50) As set forth in the report dated April 1% 1988, from the City Attorney, the following Resolution accepting title of property located at 28121 Calle San Remo, was adopted: RESOLUTION NO. 38-4-19-4 ACCEPTANCE OF GRANT DEED - A RESOLUTION OF F'4ET Y COUN IL OF THE I Y O SAN UAN CAPISTRANO, CALIFORNIA, ACCEPTING GRANT DEED - 28121 CALLS SAN REMO _10- 4/19/88 AGENDA ITEM p D I-GI N A L TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works r� u April 19, 1988 SUBJECT: Landscape Maintenance Contracts (Specifications and Authorization to Call for Bids) SITUATION All of the contracts which the City has for landscape maintenance work expire on June 30, 1988. These contracts provide for the on-going maintenance of City parks and parkways, City facilities, and also the landscape maintenance districts which are administered by the City. The current contracts were awarded by the City through the bid process in 1985. The proposed contracts will again be for a period of two years, with the option of extending the contracts for one additional year, with the exception of Landscape Maintenance District No. 1, Capistrano Royale. This particular contract will be bid again on a year- to-year basis. Limiting the time period to one year provides the ability for the District responsibility to be absorbed by the homeowners. Due to a combination of several factors, it is anticipated that the contracted bid prices will increase significantly this year. The effect of inflation and the new minimum wage law are going to increase contracted prices. Additionally, the City of San Juan Capistrano is bringing several new landscape areas into the existing inventory of parks and parkways. New areas which will need to have contract maintenance include: the intersection of Del Obispo and Camino Del Avion, the medians in front of the Price Club, the Los Rios historical area, the expanded Cook Park athletic facilities, the landscaping of the new Camino Capistrano Bridge area, the new strip park at the end of Avenida de la Vista, and several other smaller areas. The following table shows the current contracted costs for the various City landscape areas: Current Parks $ 78,750 Parkways & Medians $ 47,004 Facilities $ 10,710 Landscape Districts $ 31,932 Landscape District #1 $ 69,540 NOTIFICATION Capistrano Valley Landscape J & R Landscape Midori Gardens Residents of Landscape Maintenance District No. 1, Tract 7673 (Mission Woods); Tract 8485 (Mission Springs); Tract 9382(Belford Terrace); Tract 9284 (Seaview Estates); Tract 9373 (Los Corrales); Tract 765 o Corrales). 9 AGENDA ITEM . • April 19, 1988 Page 2 COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS Monies for the maintenance of City -owned properties are budgeted through the Public Works Maintenance budget, Account #01-6213-4440. The projected cost increases have been used in preparing the 1988-89 operating budget. Costs for the maintenance of the landscape districts are borne by the districts. These costs are assessed to the individual property owners in the districts. ALTERNATE ACTIONS 1. Approve the specifications for the maintenance of City parks, parkways, facilities, and landscape maintenance districts; and authorize the call for bids. 2. Do not approve the specifications or authorize the call for bids. 3. Refer to Staff for additional information. RECOMMENDATION Approve the specifications for maintenance of City parks, parkways, facilities, and landscape maintenance districts; and authorize the call for bids. Respectfully submitted, W. D. Murphy WDM/RCS:nb (000.36 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Ron Sievers, Public Works Superintendent FROM: City Clerk DATE: April 21, 1990 SITUATION: On June 21, 1988, the City entered into an Agreement with Toyo Landscaping Company for maintenance of City Facilities. The contract is for two years is sue to expire on June 21, 1990. ACTION REQUESTED: Please advise this office regarding status. ACTION TO BE TAKEN: Ajvsw-�+ `w,-,"tac.Qd. (P/3c)/s9' DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 4/21/90 Deadline Date: 6/21/90 cc: City Attorney Assistant City Manager (600.30) Q/to ue 199 / 1 0 May 16, 1989 Toyo Landscaping P.O. Box 2367 Garden Grove, California 92642-2367 Re: Renewal of General Liabilitv and Gentlemen: MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN 6COn .3 0 The General Liability and Automobile Liability Certificates of Insurance, regarding the above -referenced project are due to expire on June 15, 1989. In accordance with your contract, the insurance certificate needs to be renewed for an additional period of one year. Please forward the updated certificates naming the City of San Juan Capistrano as Additional Insured to the City, attention City Clerk's Department, before the June 15, 1989, above expiration date. If you have any questions, please contact Dawn Schanderl, Records Coordinator, at (714) 493-1171 extension 244. Thank you for your cooperation. Very truly yours, MaryAnn�CMC r City Clerk MAH/dms cc: Ron Sievers, Public Works Superintendent 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 CERTIrAIWOF 04SURANC ISSUE DATE 6E(M Y) /88 PRODUCER NORTH AMERICAN INSURANCE AGENCY 700 S. TUSTIN STE. A ORANGE, CA 92666 (714)771-7400 CODE SUB -CODE INSURED TOYO LANDSCAPING CO. 12891 NELSON STREET GARDEN GROVE, CA 92640 THIS CERTIFICATE IS ISS�7BtIBRTTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE C ,ATTER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER TTHEZ COVERAGE AFFO BY THE POLICIES BELOW C�MPA12 NI S3AFFORDING COVERAGE CITY CLERK COMPANYPpRTNENT LETTER A ROYAL Yi�'LMg1iH COMPANY COMPANYJUAN CAPISTRANO LETTER B COMPANY `. LETTER COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS DATE (MM/DD/YY) DATE (MM/DDIYY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000, A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 2,000, CLAIMS MADE X OCCUR. PSP 130648 6/15/88 6/15/89 PERSONAL B ADVERTISING INJURY $ 2,000, X OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000, FIRE DAMAGE (Any one tire) $ 50, MEDICAL EXPENSE (Any one person) $ 5, AUTOMOBILE LIABILITY COMBINED ANY AUTO LIMIT SINGLE $ 1,000, A X ALL OWNED AUTOS AST 133180 BOD LY 6/15/88 6/15/89 INJUIeson) $ X SCHEDULED AUTOS X HIRED AUTOS BODILY $ X NON -OWNED AUTOS (Per/RY acl)iden GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURRENCE OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY AND $ (EACH ACCIDENT) $ (DISEASE—POLICY LIMIT) EMPLOYERS' LIABILITY $ (DISEASE—EACH EMPLO) OTHER , ��! i6%sa1f-i DESCRIPTION OF OPERATIONS/LOCATIONS/VENICLESH ESTRICRONS/SPECIAL ITEMS ALL OPERATIONS CERTIFICATE HOLDER CANCELLATION CITY OF SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 32400 PASEO ADELANTO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL SAN JUAN CAPISTRANO, CA MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE PRODUCER: CRAIG FRANZ i?D^w �u4z� ((// CJ CACORD CORPORATION 1988 POLICY NUMBER: • OCOMMERCIAL GENERAL LIABILITY • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: ALL LANDSCAPING OPERATIONS CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 1011 85 Copyright. Insurance Services Office, Inc.. 1984 C1 CEOfCJ®[ g= PR )DUCER *A AMERICAN UNDERWRITE IS, INC. P.O. EO% 9899 FCUNTAZN VALLEY, CA. 92708 IN:. URED WITO LANDSCAPING COMPAH i 12891 NELSON AVE GARDEN GROVE, CA 92640 (M THIS CERTIFICATE IS ISSUED AS A MATTER OF INP, ~TION ONLY AND CONFERS NO RIGNTS UPON ME CERTIFICAT i HOLDER. THIS I ESrr*ICATE DOES NOT A MEND, EXTEND OR ALTE-I THE COVERAG ? AFFORDED BY THE POLICIES BELOW. COIAPANIES i,FFORDINC COVERAGE COMPANY A LETTER PAULA INS. CO O NJPANY B U ITER COMPANY C U TTER FXICY ERECM R UCY BF'IMTIDN [ATE AVuoNYYI [ 1 AVA'DDA'YI EACHRRN C XNPANY D UTTER C )APANY E U. TER is Is THIS IS TO CERTIFY THAT POLIOS C F INSURANCE LISTED BELOW HAV E BEEN ISSUEDTO THE INSURED NA MED ABOVE FOF THE POLICY PERIOD INDICATED. 40TWITHSTANDING ANY REOUWEME n, TERM OR CONDITION OF ANY 3&NTRACT OR OT -ER OOCUMENT' VTTH RESPECT T ) WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE MO URANCE AFFORDED BY THE POU CIES DESCRIBED H SKEIN IS SUBJEI T TO ALL THE T :RMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. LIABILITY LIMITS IN THOUSANDS CO TYPE OF INSURANCE POLICY NUMBER LTR FXICY ERECM R UCY BF'IMTIDN [ATE AVuoNYYI [ 1 AVA'DDA'YI EACHRRN OCCUAGGREGATE GENERAL LIABILITY & DILY is Is COMPREHENSIVE FORM IN'URY auoR $ $ PREMISESI PERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PHODUCTSICOMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRN. PASS.) ALL OWNED AUTOS (OPTNNRPTHA HIRED AUTOS NON -OWNED AUTOS GARAGE LMSILITY ) EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION A AND EMPLOYERS' LIABILITY PWC5005816 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESSPECUIL ITEMS CERTIFICATE HOLDER IS ADDITIONAL INSURRD CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92575 T: NJ' i j -ERSONAL INJURY ($ XYIFY $ PBWR LYJRY $ /[4DBM VOPER 4AAGEry $ )AMB�INED $ STATUTORY (EACH ACCIDENT) (DISEASE -POLICY LIMIT) ANY OI' THE ABOVE DE SCRMRD POLICIES BE CANCELLED BEFORE THE E:X- N DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO I -DAYS WRITTEN INC TICE TO THE CERTIFICATE HOLDER NAMED TO THE MEMORANDUM TO: Interested Persons FROM: Mary Ann Hanover, City Clerk DATE: June 24, 1988 SUBJECT: Award of Contracts - Landscape Maintenance The City Council of the City of San Juan Capistrano at its regular meeting held June 21, 1988, took action to award the contracts for various landscape maintenance areas in the City to the low responsible bidders, Capistrano Valley Landscape and Toyo Landscaping. All other bids were rejected. Thank you for your interest in these projects. If we can be of further assistance, please call. Gam; MARY ANN,HAN VER, CMC MAH/mac cc: Midori Gardens J & R Landscape Director of Public Works 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 COPY MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN TO: Interested Persons FROM: Mary Ann Hanover, City Clerk DATE: June 24, 1988 SUBJECT: Award of Contracts - Landscape Maintenance The City Council of the City of San Juan Capistrano at its regular meeting held June 21, 1988, took action to award the contracts for various landscape maintenance areas in the City to the low responsible bidders, Capistrano Valley Landscape and Toyo Landscaping. All other bids were rejected. Thank you for your interest in these projects. If we can be of further assistance, please call. Gam; MARY ANN,HAN VER, CMC MAH/mac cc: Midori Gardens J & R Landscape Director of Public Works 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 EXECUTED IN `�% -_ - • C.ti` ,iNTe RPARTS BOND NO: 046508 PERFORMANCE BOND leltlaf Preftw dw for iftb bmid B $570.00 sublectto KNOW ALL MEN BY THESE PRESENTS: cc'rrraleVol of contract at .:� kaWe rate of final contract price. That TOYO LANDSCAPING COMPANY, INC. as Principal, hereinafter called CONTRACTOR, and INSURANCE COMPANY OF THE WEST as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of TWENTY TWO THOUSAND EIGHT HUNDRED AND NO/100------($22,800.00) 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): MAINTENANCE OF CITY FACI 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- 0 BOND NO: 046508 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 15th day of Costa Mesa . California. APPROVED AS TO FORM a R,� JQiIKR. SHAW, CITY ATT( . PRINCIPAL TOYO LANDSCAPING COMPANY, INC. By..�i�nG./-� (NOTARIZATION AND SEAL) SURETY INSURANC OF THE Y�� ftancis G. Jarvis, , Attorney -i (NOTARIZATION A011 SEAL) -21- STATE OF CALIFORN(b ' Iss. COLINTYOF E , June 16, 1988 i= O , tlefore me, the undersigned, a Notary Public in and for Francis O ita said State, Personally appeared and m _ — , personally known to me (or proved to me on the E a C basis of satisfactory evidence) to be the persons who executed the within instrument as W iT E ----------'----President and --------------ice' b V on behalf of _ 0 v Two Landscaping Co., Inc -a GFFlCIAL SEAL o m n the corporation therein named, and acknowledged to me that .,t, SUSAN DAVIES U such corporation executed thewithin instrument pursuantto its g0TR9Y PUBL?C-fAtIFORNIA by-laws or a resolution of its board of directors. " j FRINCIVA,� MICEW N GRANGE COONTY m m WITNESS my hand and official al. My Commission Exp. March tH. 1939 N O m Signal (This area for official notarial seal) ACKNOWLEDGMENT BY CORPORATE SURETY State of California County of Orange e OFFICIALFICIAL SEAL JUDITH K. CUNNINGHAM .. v ' NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY MY COMMISSION EXPIRES SEP. 30,_1998 On JUNE 15, 1988 , before me, the undersigned, } sr. .a Notary Public of said county and state, personally appeared 1 FRANCIS G. JARVIS, JR. Personally known to me to be the Attorney -in -Fact of INSURANCE COMPANY OF THE WEST the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. NVfA R17 UBLIC EXECUTED IN_TL8I ) - • C©UNTER;F�ARTS BOND NO: 046508 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 TOYO LANDSCAPING COMPANY, INC. C 1 1, License No. 110- hereinafter designated as "Principal", a contract for MAINTENANCE OF CITY FACILITIES ;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 TOYO LANDSCAPING COMPANY, INC. , Principal, and INSURANCE COMPANY OF THE WEST , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of TWENTY TWO THOUSAND EIGHT HUNDRED AND NO/100------------ DOLLARS ($ 22,800.00), 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 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_ BOND NO: 046508 • IN WITNESS WHEREOF three iii 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 15th day of June 19 88 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. APPROVED AS TO FORM TOYO LANDSCAPING COMPANY, INC. PRINCIPAL INSURANCE COMPANY OF THE WEST -23- - ) STATE OF CALIFORNIA )ss. COUNTY OF GRAN -.F ) On T11nP 16, before me, the undersigned, a Notary Public in and for ti m U said State, personally appeared Franri 4 Ohchi i -a and y -------------------"----'—"''--- personally known to me (or proved to me on the E a basis of satisfactory evidence) to be the persons who executed s the within instrument as- -------._...- ------------- -------President and_§PQ@Won - — — — — — — President behalf of c C ov TO= TAndvraping (n_, Tnr_ , OFFICIAL SEAL the corporation therein named, and acknowledged to me that SUSAN DAVIES `o y such corporation executed thewithin instrument pursuant to its NOTARY PUBLIC -CALIFORNIA Rt � by-laws or a resolution of its board of directors. - ,�,,. PR^?iC1FA! OFFICE IN ✓ ORANGE COUNTY m WITNESS my hand and oHicia al. MY Commiss„30 EXP,Afarch 10. 1989 O n - Signature, (This area for official notarial seal) ACKNOWLEDGMENT BY CORPORATE SURETY State of Call fornia On JUNE 15, 1988 ) ,before me, the undersigned, ? County of Orange ss. .a Notary Public of said county and state, personally appeared 1) FRANCIS G. JARVIS, JR. personally known to me to be the Attorney -in -Fact of INSURANCE COMPANY OF THE WEST OFFICIAL SEAL the Corporation that executed the within instrument, and known JUDITH K. CUNNINGHAM s NOTARY PUBLIC CALIFORNIA to me to be the person who executed the said instrument on yam, PRINCIPAI ^FF (.e IN behalf of the Corporation therein named, and acknowledged to ORANGEcoUNry MY COMMISSION EXPIRES SEP. 30. 1988 me that such Corporation executed the same. RES NO' A UBLI� INSURAOCE COMPANY OF THPWEST HOME OFFICE: SAN DIEGO. CAUFORNIA - - - Cenified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego. California, does hereby nominate, constitute and Appoint: F.E. LEGRAND FRANCIS G. JARVIS, JR- MARY A. JENNY its true and lawful Attorney(s)+n-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal. acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under -and by the authority of the following Resolution adopted by the Board o1 Directors of the. Insurance Company of the West At a meeting duly called and held on the Sixth day of February. 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: ..RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him -or her; and be it further "RESOLVED: That the Attorney -in -tact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary:' - IN WITNESS WHEREOF, Insurance Company of the West has Caused its official zeal to be hereunto affixed and these presents to be signed by its duty authorized officers this 22ND DAY OF MARCH 1986 - INSURANCE COMPANY ` THE WEST LpWPANr¢ vt i j `carr+l4r� :- >E !rte L tl Cal/FpftM� President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 22ND DAY OF MARCH 1989efore the subscriber. a Notary Public o1 the State of California, in and for the County of San Diego, duly commissioned and qualified, Came ERNEST RADY, � President o1 INSURANCE COMPANY OF THE WEST. to me personally known to be the individual and ofTlcer described in and who executed the Preceding instrument, and he aCknow- ledged the execution of the same, and being by me duty sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, antl that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the laic Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority anc direction Of the said Corporation._ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written- pRNtA or. s...0c Ca r Notary Public rJ'lNdL�fhflc��41if2Y�'tifhV1`NVY'.n STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I. the undersigned, Richard S. King, Secretary o1 the Insurance Company of the West. do hereby certify that the original POWE�- 0:= ATTORNEY, of which the foregoing is a full, true and Correct Copy, is in full force and effect- and has not been revoked. IN WITNESS WHEREOF. I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporat•on- this 15th day of JUNE 19 88 S 05- LOMPa4rp `LO�MVIa'� �i,r. ♦ f� e, -l� ICvw CAL 37 (REV. 57--') \r/Naaw/ ti L� EXECUTED IN_ (3) - - COUNTERPARTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That TOYO LANDSCAPING COMPANY, INC. BOND NO: 046508 Initlal pramlwn do for this pond is $570.00 sublectto ,:_'•::rS3F^zs:1 u•eG:: turr�pfetion M contr�d et c-aplic tale rale of final caadrad price. as Principal, hereinafter called CONTRACTOR, and INSURANCE COMPANY OF THE WEST as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of TWENTY TWO THOUSAND EIGHT HUNDRED AND NO/100------($22,800.00) 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): MAINTENANCE OF ITY FACILITIES 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: I. 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- • BOND NO: 046508 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 15th day of June 19 88 , at Costa Mesa California. APPROVED AS TO FORM r PRINCIPAL TOYO LANDSCAPING COMPANY, INC. (NOTARIZATION AND SEAL) SURETY INSURAN M lY OFT W Ancis G. Jarvis, , Attorney- ' -Fact (NOTARIZATION AN EAL) -21- STATE OF CALIFORNIA ORANGE Iss. COUNTY OF v F On aT1717P Ir- 1 QRR , before me, the undersigned, a Notary Public in and for said State, personally appeared Francis Ohshl a and ---------------------- v _ , personally known to me (or proved to me on the E c basis of satisfactory evidence) to be the persons who executed the within instrument as n LLE —------------ President and-------- ------ , On behalf of o0 4byo Landscaping Co., Inc. ov OFFICIAL SEAL m the corporation therein named, and acknowledged to me that; Sll5RN 6AVIES n 8 c such corporation executed thewithin instrument pursuantto its N07iRr filSLIC-fALIFORNIA by-laws or a resolution of its board of directors. '' PRINCIPAL OFFICE IN ro WITNESS my he !]i official se�^\ }A?1- ORARGz ec"'7 ,o A /y 1 Mf LeMfWMP0n :x} W„20 Rk 190 ry - — - - -------a vyCy Oom-----s O M �-t Signat r (This area forofficial notarial seal) ACKNOWLEDGMENT BY CORPORATE SURETY State of California ) On JUNE 15, 1988 , before me, the undersigned, r ss. .a Notary Public of said county and state, personally appeared County of Orange j FRANCIS G. JARVIS, JR. personally known to me to be the Attorney -in -Fact of — - - _ INSURANCE COMPANY OF THE WEST OFFICIAL NEAT ,� JUDITH the Corporation that executed the within instrument, and known U LIC CALIFORNIAN6HAM I<+ moTARy PUBLIC cto me to be the person who executed the said instrument on 0 PHIN( PAI OFFICE IN ORANGE COUNTY behalf of the Corporation therein named, and acknowledged to My COMMISSION EXPIRES SEP. 30, 1988 me that such Corporation executed the same. �Ta�7S LIZ` EXECUTED IN__ 6KAM 3� _ COUNTERPARTS BOND NO: 046508 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 TOYO LANDSCAPING COMPANY, INC. . License No. Z 100 hereinafter designated as "Principal", a contract for MAINTENANCE OF C'- 7 CITY FACILITIES ;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 TOYO LANDSCAPING COMPANY, INC. , Principal, and INSURANCE COP1PANY OF THE WEST , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of TWENTY TWO THOUSAND EIGHT HUNDRED AND NO/100------------ DOLLARS ($ 22,800.00), 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 labdf 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- BOND NO: 046508 • 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 15th day of June 19 88. . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. APPROVED AS TO FORM r TOYO LANDSCAPING COMPANY, INC. PRINCIPAL By z4/ 2 INSURANCE COMPANY OF THE WEST SURETY ByJl�� Francis G. arvis, t orney- -•act -23- STATE OF CALIFORNIA ORANGE 1ss COUNTY OF I '—' 1 1 before me, the undersigned, a Notary Public in and for Or�Tllj'1P ty g$$ said State, personally appeared Francis Ohshita and personally known to me (or proved to me on the E________________ a c basis of satisfactory evidence( to be the persons who executed the within instrument as n------------__—_____—__ u E President an n behalf of 0 00 Two Landscaping Co inc I ® OFFICIAL SEAL C 0 m the corporation therein named, and acknowledged to me that SUSAN DAVIES 5 m such corporation executedthewithin instrument pursuant to its NOTARY PUBLIC CALIFORNIA U FRNCW: L OFFICE IN by-laws or a resolution of its board of directors. ORANGE COUNTY WITNESS my hand and offici eal. My Commission Exp. Mut I4 1989 m N O m Sigaat ®�! (This area for official notarial seal) ACKNOWLEDGMENT BY CORPORATE SURETY State of California On JUNE 15, 1988 , before me, the undersigned, ss. .a Notary Public of said county and state, personally appeared County of Orange FRANCIS G. JARVIS, JR. personally known to me to be the Attorney -in -Fact of INSURANCE COMPANY OF THE WEST OFFICIAL SEAL the Corporation that executed the within instrument, and known JUDITH K. CUNNINGHAM NLTAkY PUBLIC -CALIFORNIA to me to be the person who executed the said instrument on PRINL'PA1 OFFICE IN behalf of the Corporation therein named, and acknowledged to ORANGE COUNTY SIgN EXPIRES SEP. 30, 1988 me that such Corporation executed the same. MY COfdMIS n�LtRiv r NOTA7 PUBLIZ INSURAWE COMPANY CFE TAWST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West a Comoration duty authorized and existing under the laws of the State of California and hiving its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: F.E. LEGRAND FRANCIS G. JARVIS. JR_ MARY A. JENNY its true and lawful Attorney(S)4n-Fact, with full power and authority hereby conferred in its name, place and head, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under -and by the authority of the following Resolution adopted by the Board of Oifectors of the.inwrance Company of the West at a meeting duly tatted and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: '•R£SOLVEO: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneystin-Fact and revoke the Power of Attorney given him -or her. -and be it further ..RESOLVED: That the Attorney -in -tact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has Caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 22ND DAY OF MARCH 1986 coYa+kr� INSURANCE COMPANY "THE WEST E `rArro+rr6 �� s a'iecx t ns' � c+flrpRM�� President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 22ND DAY OF MARCH 198gefore the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly Commissioned and qualified, Came ERNEST RADY, � President of INSURANCE COMPANY OF THE WEST. to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknoYr- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporaticr. aforesaid, and that the Seal affixed to the preceding instrument is the Corporate Seal of the Said Corporation. and that the sa,c Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority zn_ direction of the said Corporation._ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Sea(, at the City of San Diego, the day and year first above written- �C := •'� iA2Y FAUG C11iCANf0. / � I•�.�-. .: % �d;w Orm s— 0c Caesar Notary Public '`1' t:r Covaissoa t.9. len. t. 1988 rl'l.N1Ydhfl2��V7J'dihtifll^f N.N V 1rr STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: the undersigned, Richard S. King, Secretary at the Insurance Company of the West, do hereby Certify that the original POWER. 0. ATTORNEY, of which the foregoing is a full, true and correct copy. is in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corpornion- tnis 15th day of JUNE 19 88 Ca i44r� 4� � +e`�a4jo n 0 0 CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS MAINTENANCE OF LANDSCAPING IN VARIOUS CITY PARKS, PARKWAY AREAS, AND SPECIFIED FACILITIES 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 APRIL, 1988 0 0 TITLE PAGE CONTRACT DOCUMENTS Notice Inviting Bids...........................................................1 BidProposal..................................................................3 BidSummary.................................................................6 Non -Collusion Affidavit........................................................7 Designation of Sub-Contractors.................................................8 Instructions to Bidders.........................................................9 Contract....................................................................14 BidBond....................................................................18 Performance Bond............................................................20 Labor do Material Bond.....................................................22 Listing of Surety Companies...................................................24 SPECIAL PROVISIONS Section 1. Scope of Work to Be Done.....................................SP-1 Section 2. Terms Defined...............................................SP-2 Section 3. Flow and Acceptance of Water.................................SP-3 Section 4. Water......................................................SP-3 Section 5. Insurance and Overhead Costs..................................SP-3 Section 6. Protection of Existing Utilities Underground Services Alert....................................SP-3 Section 7. Protection of Private Property.................................SP-4 Section 8. Construction Zone ............................................SP -4 Section 9. Pre -Construction Coordination Meeting .........................SP -5 Parksites.............................................................. SP6-SP7 Parkways............................................................ SP8-SP11 City Facilities ............................................................SP-12 GENERAL PROVISIONS Turf Grass...............................................................SP-13 Slope Care...............................................................SP-14 Shrub and Ground Cover Care...............................................SP-14 Tree Care................................................................SP-15 Irrigation System..........................................................SP-15 Common Seating Area.....................................................SP-16 Restrooms...............................................................SP-16 General..................................................................SP-16 Extra Work...............................................................SP-18 Standards of Performance..................................................SP-18 Statement of Experience...................................................SP-18 Spraying.................................................................SP-18 CityInspection...........................................................SP-18 Daily Reports.............................................................SP-19 Inclimate Weather.........................................................SP-19 Library Facilities.........................................................SP-19 Fertilizing...............................................................SP-19 Chi VA NOTICE INVITING BIDS 0 Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 17th day of May 1988, receive sealed proposals or bids for the Maintenance of Landscaping VARIOUS CITY PARKS, PARKWAY AREAS AND SPECIFIED CITY FACILITIES in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction 1985 Edition, including all supplements therefor, on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifi- cations. Each proposal or bid must be accompanied by a certified check, cash, cashier's check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the total bid amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. It is the intent of the City of San Juan Capistrano, that each of 3 individual lump sum items, identified as: City Parks, City Parkways; and City Facilities be bid individually, and that the lowest qualified bidder on each item be awarded the contract for that particular item. The contract(s) will not be awarded based on the lowest cumulative bid for the total of all three items. -1- 0 0 It is the intent of the City of San Juan Capistrano, that each of 3 individual lump sum items identified as: City Parks; City Parkways; and City Facilities, be bid individually, and that the lowest qualified bidder on each item be awarded the contract for that particular item. The Contract(s) will not be awarded on the lowest cumulative bid for the total of all three items. A pre-bid conference is scheduled at 1:00 p.m. on the 6th day of May 1988, at the City offices. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not 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. 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 two years (730 calendar days) has been set for the completion of the work, from the date of execution of the contract. 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 -2- specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $5, 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. DATED CITY LER CITY OF S N JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2a- 0 BID PROPOSAL For the: MAINTENANCE OF LANDSCAPING VARIOUS CITY PARKS, PARKWAY AREAS, AND SPECIFIED CITY FACILITIES From: To the Honorable City Council City of San Juan Capistrano Gentlemen: Contractor The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans and Specifications and General Conditions 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 maintenance 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: City Parks W ords Figures City Parkways Words Figures City Facilities 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. It is the intent of the City of San Juan Capistrano, that each of 3 individual lump sum items, identified as City Parks; City Parkways; and City Facilities be bid individually, and that the lowest qualified bidder on each item be awarded the contract for that particular item. The contract(s) will not be awarded based on the lowest cumulative bid for the total of all three items. -3- 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 two years (730 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 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 Director of Public Works. 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. -4- 0 0 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: (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: Dated: Business Address 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: Dated: -5- Signature of Bidder Telephone Number 0 BID SUMMARY 0 MAINTENANCE OF SPECIFIED LANDSCAPING City Parks Total annual cost $ Times two (2) years x 2 Total bid for two (2) years $ Insert this infornation on the bid proposal on Page 3, on the line "City Parks" City Parkways Total annual Cost $ Times two (2) Years x 2 Total bid for two (2) years $ Insert this information on the bid proposal on Page 3, on the line "City Parkways". City Facilities Total annual cost $ Times two (2) years x 2 Total bid for two (2) years $ Insert this information on the bid proposal on Page 3, on the line "City Facilities. SIGNATURE OF BIDDER ADDRESS TELEPHONE -6- 0 9 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) County of and says that he is ss. of being first duly sworn deposes 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, personally 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. Notary Public in and for said State -7- 0 0 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 Director of Public works, 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. 1. 2 3. 4 5. 6 7 8. Item of Work Sub -Contractor Address Phone No. BIDDER'S NAME AUTHORIZED SIGNATURE 10 0 0 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, 1983 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 officer 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 r 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 rw effect of all addenda to the contract documents shall be considered in the bid and said addenda shaU 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. Where there is a conflict in the words and 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 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- 0 0 The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents, such check or bond, and the money represented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ten (10) percent of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. G. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids". Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawal of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. Opening of Bid Proposals The City will, in open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids". Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of forty five (45) days after the date set of the opening of bids. The contract for the work will either be awarded or the bids rejected within the forty five (45) days form the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids". The City, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical or erasures. -11- The bidder shall execute two copies of the written contract with the City and furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days after the bid opening date. The contract shall be made in the form adopted by the City. The release of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made upon the City's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract. Said bonds shall be secured from a 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 two years (730) calendar days form 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- 0 0 Workmen and Wages Attention Is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids". Building Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. -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, 1983 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 wort: 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 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. Cit) 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- 0 0 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 Aork 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 mal 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- 0 0 any SUB -CONTRACTOR under him, shall pay not less than the foreqoing specified prevaII4 rata 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. insurance certificates shall be for a minimum period of one year. 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- 0 0 permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. NINTH. CONTRACT EXTENSION: In the event CONTRACTOR has fully complied with all terms and conditions of this contract, as determined in the sole discretion of CITY'S Director of Public Works, CONTRACTOR may request that the duration of this contract be extended for a successive period of twelve months. CONTRACTOR shall submit his request in writing to the Director of Public Works at least 30 calendar days prior to the date on which the contract or an extension thereof would otherwise have been terminated. In no event shall the total term of this contract, including all extensions exceed 36 months. 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. DATED: ATTEST: Mary Ann Hanover, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO BY: MAYOR BY: CONTRACTOR -17- 0 BID BOND 0 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 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. -19- 0 0 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) ATTEST (If Corporation) Corporate Seal ATTEST Title BY: Title: BY: Title -19- PRINCIPAL SURETY 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- 0 • 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this day of 19 , at , California. APPROVED AS TO FORM PRINCIPAL (NOTARIZATION AND SEAL) SURETY (NOTARIZATION AND SEAL) -21- 0 0 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. MAI 9 0 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 eac-crate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. APPROVED AS TO FORM By By -23- PRINCIPAL SURETY 0 0 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- 0 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 7 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 Lumbermens Mutual Casualty Company -26- 0 0 0 Listing of Surety Companies, Continued Page Four Maryland Casualty Company Mead Reinsurance Corporation The Mercantile and General Reinsurance Company of America Michigan Millers Mutual Insurance Company Michigan Mutual Insurance Company Mid -Century Insurance Company The Millers Mutual Fire Insurance Company of Texas Munich American Reinsurance Company National Fire Insurance Company of Hartford National Indemnity Company The National Reinsurance Corporation National Surety Corporation Nationwide Mutual Insurance Company New Hampshire Insurance Company New York Underwriters Insurance Company Newark Insurance Company North American Reinsurance Corporation The North River Insurance Company North Star Reinsurance Corporation Northbrook Property and Casualty Insurance Company Northwestern Pacific Indemnity Company The Ohio Casualty Insurance Company Ohio Farmers Insurance Company Old Republic Insurance Company Pacific Employers Insurance Company Pacific Indemnity Company Peerless Insurance Company Pennsylvania Manufacturers' Association Insurance Company Phoenix Assurance Company of New York The Phoenix Insurance Company Progressive Casualty Insurance Company Protective Insurance Company -27- 0 Listing of Surety Companies, Continued Page Five Prudential Reinsurance Company U 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 be Casualty Company United Pacific Insurance Company United States Fidelity and Guaranty Company United States Fire Insurance Company -28- 0 Listing of Surety Companies, Continued Page Six 0 Universal Underwriters Insurance Company Utica Mutual Insurance Company Valley Forge Insurance Company Vigilant Insurance Company West American Insurance Company Weschester Fire Insurance Company The Western Casualty and Surety Company The Western Fire Insurance Company Western Surety Company Westfield Insurance Policy -29- 0 0 MAINTENANCE OF LANDSCAPING VARIOUS CITY PARKS, PARKWAY AREAS, AND SPECIFIED CITY FACILITIES SPECIAL PROVISIONS SCOPE OF WORK TO BE DONE The work to be done under this contract consists of the maintenance of various parks, parkways, and facilities in the City of San Juan Capistrano. SECTION t - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1985 Edition, hereinafter referred to as the Standard Specifications. The Contractor shall maintain a copy of this book on the job -site at all times. Unless otherwise specified, errata and supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: Contract Termination "If at any time, in the opinion of the Public Works Director, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract, notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City may designate. Upon such termination, the SP -1 r L Contractor's control shall terminate and thereupon the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's materials, tools, equipment, appliances, and plant, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City Council may annul and cancel the contract and re -let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the sureties from liability or failure to fulfill the contract. Contractor and sureties will be credited with the amount of monies so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operation of the contract and the completion of the work by the City as provided above, and the Contractor will be credited with any surplus remaining after all just claims for such completion have been paid." Change 2: Section 8 - Facilities for Agency Personnel Delete this Section. SECTION 2 - TERMS DEFINED Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City departments or persons shall be intended: AGENCY shalt 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. SP -2 ! 0 SECTION 3 - FLOW AND ACCEPTANCE OF K ATER Surface or other waters may be encountered at various times during construction. The Contractor, by submitting a bid, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his bid accordingly. It shall be the sole responsibility of the Contractor to protect his work from danger due to any waters encountered. Should any damage to the work due to surface or other water occur prior to acceptance of the work by the City, the Contractor shall repair such damage at his expense. SECTION 4 - WATER Water will be available from the Capistrano Valley Water District. Arrangements for temporary construction water services permit and water service may be made by contacting the Capistrano Valley Water District at 714(493-1515 one week prior to need for service. All water facility construction shall conform to the "Standard Specifications," Capistrano Valley Water District, and "The Uniform Plumbing Code," 1982 Edition. SECTION 5 - INSURANCE AND OVERHEAD COSTS The Contractor shall receive no direct compensation for insurance and overhead (move -in costs, for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. SECTION 6 - PROTECTION OF EXISTING UTILITIES (UNDERGROUND SERVICE ALERT) The Engineer has endeavored to show all existing utilities. The Contractor must, however, take all due precautionary measures to protect a1[ 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. SP -3 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. SECTION 7 - PROTECTION OF PRIVATE PROPERTY The Contractor must remain within the construction zone to the best of his ability. The Contractor must protect all existing private property. SECTION 8 - CONSTRUCTION Contractor shall protect property and facilities adjacent to the construction zone, and all property and facilities within the construction zone which are shown on the plans to be protected. After completion of project, the construction zone shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of facilities are damaged, they shall be replaced with new materials equal to the original. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, way or parking area during performance of the contract work, and Contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. The Contractor shall be responsible for investigating conditions of available public and private roads and of clearances, restrictions and other limitations affecting transportation and ingress and egress to the site of the work. SP -4 0 • SECTION 9 - PRE -CONSTRUCTION COORDINATION Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor, the Engineer, and involved utility representatives. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor will be required to submit a complete schedule showing the number of working days required to complete each phase of the project. This schedule shall be approved by the City Engineer prior to the start of construction. SP -5 0 PARKSITES 1. Bonita Park - .6 acres; west side of Via Del Rey, across from Via Lorado; automatic irrigation controls, grass playgorund equipment and trees. 2. Four Oaks Park - 2.54 acres; east sideof Via Madonna between Calle Santa Ynez and Via Del Cerro; automatic irrigation, grass and trees. 3. Rio Oso Park - .8 acres; west side of Avenida De La Vista adjacent to Oso Road; automatic irrigation, grass and shrubbery. 4. Arce Park - .2 acres; northwest corner of Del Obispo Street and Alipaz Street; manual irrigation, grass, trees and shrubs. 5. Arroyo Park - 3.6 acres; bordered by Via Parra on the east, Sundance Road on the west; automatic irrigation, grass, trees, shrubs and equestrian trail. 6. Mission Bell Park - 2.8 acres; west side of Alipaz Street, north of Calle Jardin; 30 trees and grass; automatic sprinkler system. 7. Descanso Park - 1.0 acres at the confluence of Trabuco and San Juan Creeks; automatic irrigation controls (City will maintain restrooms). 8. C. Russell Cook Park - Calle Arroyo and Del Campo; 1.5 acres of grass; row of 20 mature Ecualyptus trees; one jacaranda; automatic irrigation. 9. Mini- Park - .3 acres located at Yorba and Camino Capistrano; crushed rock ground cover. 10. Junipero Serra - 3.75 acres located at Calle Santa Rosalia and Calle Bonita; automatic irrigation. 11. El Camino Real Park - 4.5 acres located on Camino Capistrano from La Zanja to Calle Chueca; automatic irrigation (City will maintain restrooms). SP -6 0 12. Cook Park (Ball Diamonds) - 9 acres; east side of Calle Arroyo between Via Entradero and Via Solana adjacent to San Juan Creek; automatic irrigation controls, grass, two baseball diamonds, and trees. 13. Cook Park (Ortega Properties) - 6.3 acres; east side of Calle Arroyo between La Novia Avenue and Paseo Tirador adjacent to San Juan Creek; automatic irrigation controls, grass, trees and basketball court. 14. Acu Park - 4.7 acres; located at Camino Las Ramblas and Avenida Pescador; automatic irrigation controls, grass, and trees. SP -7 0 • PARKWAY AREAS 1. Del Obispo Street, easterly side form 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. Additionally, Del Obispo Street on school side; 23 Sycamores and eight Pear trees; water truck for trees, weed control. 3. Calle Aspero, each side from Del Obispo Street to Calle Ricardo; 22 Jacarandas and 22 Peppers; water truck for trees; weed control. 4. East side 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 Paseo Terraza easterly to Via 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, weed control. c. Del Obispo Street, traffic island between Camino Capistrano and the railroad; 12 Sycamores and ground cover (manually controlled irrigation system). 6. Camino Capistrano, freeway side from San Juan Creek Road southerly 1,500; 120 Liquid Ambers, weed control. 7. Easterly side of San Juan Creek Road between Camino Santo Domingo and northerly end of improvements; eight Evergreen Pears, 20 Sycamores (water truck required); weed control. SP -8 0 0 8. Via Cristal at Ortega Highway; 20 Sycamores. Ortega Highway at Via Cristal 43 trees and ground cover. 9. Calle Arroyo, south side of street from Sundance Drive to Del Campo and from Via Cordova to Avenida Siega; 60 Eucalyptus, 92 Liquid Ambers/Sycamores, ground cover; automatic irrigation system. Calle Arroyo, north side of street starting 100 feet east of Via Cordova and extending to the end of Tract 5126 boundary; 35 Sycamores, 1 maple, 3 Blooming Pears, 47 Eucalyptus; automatic irrigation. 10. Avenida Siega, northeast side from Calle Arroyo to Ortega; equestrian trail, 34 Eucalyptus, 15 Liquid Ambers; automatic irrigation system. 11. Ortega Highway, southeast side from Avenida Siega to end of Tract 9204 boundary; grass, 5 Elms, 5 Sycamores, 6 Eucalyptus and 1 Pepper; automatic irrigation system. a. Camino Capistrano, north side from Avenida Padre to Avenida Golondrina; 18 Sycamores, shrubs and ground cover; automatic irrigation system; weed control. b. Camino Capistrano, traffic island between Del Obispo Street Avenida Golondrina; 18 Sycamores, shrubs and ground cover, automatic irrigation system; weed control. c. Del Obispo Street, traffic island from Camino Capistrano to 220' easterly; 12 Sycamores, shrubs and ground cover; automatic irrigation system; weed control. 12. The northeast corner of Del Obispo Street and Camino Capistrano, extending 200' easterly from the corner; 12 California Sycamores, shrubs and lilies; automatic irrigation system. SP -9 13. Ortega Properties Parkways - 2.5 acres twenty feet from curb around the perimeter and internal roads within Ortega Properties development. Automatic irrigation controls; grass, trees, and shrubs. 14. Desilting basins and fitness trail - 12.5 acres on east side of Camino Las Ramblas from Acu Park south to Kinkerry Lane; automatic sprinkler system; basins require maintenance of ground cover on the slopes, trail requires weed and erosion control. 15. The west side of Camino Las Ramblas from Avenida Pescador to Kinkerry Lane; automatic irrigation system; ground cover and trees; (191). 16. Southwest corner of Alipaz Street and Del Obispo Street - 2,800 square feet; 15 Sycamores, shrubs, ground cover with manual irrigation, weed control. 17. Ortega Highway and Sundance Drive (Sunhollow Tract); 6,720 square feet of equestrian trail; 3,350 square feet of shrubs and ground cover; 1,560 square feet of grass and 27 trees with automatic irrigation, weed control. 18. Rancho Viejo Road - 1.07 acres of trees and grass 10 feet from curb in parkways with shrubs and ground cover in medians; automatic irrigation and weed control. 19. Camino La Ronda - approximately 54,000 square feet, including easterly terminus in Tract 9373 (Los Corrales) and flood control channel running from this point downstream to channel, fencing; automatic irrigation. 20. Rancho Viejo Road - Endevco - 14,253 square feet including medians and westerly parkway from Malaspina Road south to gated entrance. Trees, irrigation may require water truck, shrubs, ground cover, weed control, automatic irrigation on medians. 21. Northwest corner of Calle Aspero and Calle Ricardo - approximately 400 square feet including in front of Tract sign and Pepper trees adjacent to and north of Calle Aspero; weed control and water truck required. SP -10 0 0 22. Del Obispo Street and Camino Del Avion, 19 Sycamore trees, shrubs and ground cover, automatic irrigation. 23. Del Obispo Street (in front of Christian's Farmers Market south side) 22 Jacaranda and 10 Prunus Newport Plum trees, shrubs, ground cover, and automatic irrigation. 24. Price Club from end of City limits to north end of Price Club property, 3 medians, 25 Eucalyptus trees, and shrubs, automatic irrigation. SP -ll 0 0 CITY FACILITIES *Multimodal at terminus of Verdugo Street including Verdugo Street complex; alleyway and part of Camino Capistrano. Trees, ground cover, turf grass, shrub beds, parking lot medians, sidewalks, common seating areas, parking lot; automatic and manual irrigation. *Old Fire Station Facility, corner of El Horno Street and La Matanza; trees, shrubs and ground cover, turf grass, walkway and parking lot; automatic irrigation on turf. *Library - northwest corner of El Camino Real and Acjachema Street; trees, shrubs and shrub hedges, ground cover, turf grass, climbing vines, drains, sidewalk, walkway, steps, courtyard, common seating areas, fountain and pool, parking lot; automatic and drip irrigation. *Montanez Adobe - 31743 Los Rios Street; shrubs and ground cover, shrubs hedges, turf grass; manual irrigation and weed control, parking lot landscaping. *City Hall - Terminus of Paseo Adelanto includes all landscaping adjacent to a main complex, Capistrano Valley Water District trailer and Hot Springs Dance Hall; trees, shrubs and shrub hedges, ground cover, turf grass, parking lot medians, sidewalks, parking lot; automatic irrigation. *Will require additional litter control of common seating; parking lot and sidewalk cleaning to maintain good public visibility before and after weekends. SP -12 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 E., Irrigation). 3 Maintain lawn areas in a weed -free condition. a. A pre -emergent 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 an bermuda grass areas. 4. Aerate twice a year between February 1 and March 31 and September 1 and October 31. Aerate all turf removing 1/2" by 2" cores of sod with an aerator machine at not more than 6" spacing. 5. Turf shall be dethatched twice a year between February 1 and March 31; also September 1 and October 31. This shall be accomplished by using a "flail type" dethatching machine. 6. Fertilization a. Bluegrass and fescue turfs shall be fertilized every 30 to 45 days, as needed not to exceed 60 to 75 days, at the rate of one pound of actual nitrogen per 1,000 square feet. A 16-6-8 formula with tract elements is recommended, or a formula specified by the Director of Public Works or his authorized representative. b. Bermuda grass turf shall be fertilized at the rate of one pound of actual nitrogen per 1,000 square feet. Fertilizer of an ammonia nitrate 33.5-0-0 formula shall be applied once during the months of January and December. Fertilizer of a urea 46-0-0 formula shall be applied every 60 days February through November. 7. A broad spectrum of fungicide (to be approved by City Field Supervisor) shall be applied to all bluegrass turf at the preventive rate beginning April 1 each year. Additional applications shall be made at the curative rate as necessary throughout the year. SP -13 0 0 8. Turf Grass All lawn areas will be programmed for reseeding between the months of October and November as directed by the Director of Public Works or his authorized representative. Grass seeds hall be an annual rye type designated by the City representative and the costs for the materials shall be the responsibility of the Contractor. B. Slope Care 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 using a 16-16-16 formula material, or a formula specified by the Director of Public Works or his authorized representative. 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, or a formula specified by the Director of Public Works, or his authorized representative. c. Control pests, including rodents and snails, as needed. d. 'Maintain a maximum allowable height of 24" on slope areas. The seed stems and heads shall be removed from the grass (Alto Fescue, etc.) before they go off color each year. e. Trim and edge to maintain sidewalks and curbs free of plant growth. C. Shrub and Ground Cover Care I. 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 pre -emergent weed control, such as Treflan, shall be applied to shrub beds and ground cover beds in April and September of each year. Additional weed control shall be initiated as necessary to maintain a weed -free condition. 5. Ground cover areas should be fertilized every ninet} (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, or a formula specified by the Director of Public Works or his authorized representatives. SP -14 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 for three times a year, as directed by the Director of public Works or his authorized representative. Replacement plants shall be a suitable type to provide the maximum amount of color (bloom) during the time they are in the bed areas. All of the applicable maintenance programs covered in this section shall apply to these annual bedding plant areas as well. The costs of these plants and associated materials shall be the responsibility of the Contractor. 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 maintaining adequate growth rate appearance. E. Irrigation System 1. The CONTRACTOR shall maintain the complete sprinkler system in an operable condition. 2. Repair and adjust all sprinkler heads to maintain proper coverage. 3. Adjust water application to compensate for changes in weather. CONTRACTOR will be responsible for damages occurring due to underwatering or over -watering. 4. All replacements to be with original type material or substitutes approved by the CITY. SP -l5 0 0 5. Repair or replacement of equipment damaged as a result of CONTRACTOR'S negligence shall be replaced at the CONTRACTOR'S expense as will the cost for any water loss during this time. 6. Damage not resulting from CONTRACTOR'S negligence will be reported promptly to the CITY, together with an estimate of costs for connection of the condition. 7. All systems to be operationally checked a minimum of once a week. 8. Irrigation of park will be accomplished between 10:00 p.m. and 4:00 a.m., subject to change by CITY. 9. Irrigation by water truck will be accomplished during day -light hours and no less than bi-weekly, or as directed. 10. A minimum 500 gallon capacity tank is required. ll. CONTRACTOR is required to be present during watering and/or inspect the irrigation system daily to assure that there are no problems with the system. F. Common Seating Areas 1. Sweep, clean and remove debris a minimum of once a week. 2. Inspect and check all benches and equipment for vandalism and safety hazards; make minor repairs and report major damage to CITY. 3. Maintain concrete areas by hosing off sand and base materials a minimum of once a week. 4. Immediately remove all broken glass and any sharp objects. G. Restrooms 1. As required, restroom facilities will be maintained by CITY. H. General 1. Vegetation shall not overhang a sidewalk at less than seven (7) feet in height or a roadway at less than 14 feet in height. 2. All operations will be conducted so as to provide maximum safety for the public. 3. Where contract work may create potential or know hazards on streets or roads and to persons traversing them, CONTRACTOR shall obtain at his own expense and place whatever signs, lights, barricades, cones or other safety devices are necessary to prevent accidents, injuries or damages, consistent with the Orange County Manual of Warning Signs, Lights and Devices and with all other applicable ordinances and statutes. When working red vests shall be worn at all times. SP -16 0 0 4. Leaves, paper, weeds, and other debris will be removed from landscaped areas and disposed of off-site. 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, pre - emergent weed control; turf aerification; turf dethatching; preventative 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. 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 Section 1). 9. CONTRACTOR is required to maintain an office in Orange County and provide the office with telephone service during normal working hours. If a telephone answering service is utilized, the answering service shall be capable of contacting CONTRACTOR by radio or pager. CONTRACTOR is further required to provide CITY with an emergency number for contact outside the normal working hours. 10. Whenever herbicides are used, CONTRACTOR shall apply when air currents are still, to prevent herbicide drift onto adjoining property, and to prevent any toxic exposure to persons whether or not they are in or on the grounds. 11. CONTRACTOR is also required to provide uniforms and name badges for all field personnel. 12. Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. 13. Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. 14. Compile and maintain "as builts" of all irrigation systems to include location and serial numbers of major components. Turn over to CITY on termination of agreement. 15. CONTRACTOR shall not block bike trail with equipment or materials during or after his maintenance operations. 16. Rake and remove debris, trash and other materials a minimum of twice a week. SP -17 17. Remove from park and parkways any and all animal feces or materials detrimental to human health daily. 18. CONTRACTOR shall submit a work schedule identifying the number of persons working in the area and the anticipated hours of work for each week. 19. CONTRACTOR shall remove a daily the water accumulated on the basketball court area in the Cook Park Ortega Properties. 1. Extra Work 1. Extra Work will not be performed without prior approval by CITY unless a condition exists wherein it appears there is danger of injury to persons or damage to property. 2. Extra work may be required by the CITY as a result of acts of God, vandalism, theft, civil disturbances or accidents. 3. Extra work may be required by the CITY in order to add new landscaping or to delete or modify existing landscaping. 4. Payment for extra work will be based on actual cost of labor; plus wholesale cost of materials; plus a percentage of materials. 5. The Director of Public Works, or his authorized representative, is authorized to approve extra work up to 25 percent (25%) of the annual cost of the agreement. 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. K. Statement of Experience All applicants are required to submit a statement of experience on related projects. This should include availability of experienced labor, available equipment, and qualifications of your designated project manager/supervisor. L. Spraying All contractors are required to show verification of.a current herbicidal spraying permit issued by the Department of Agriculture. M. City Inspection CONTRACTOR or responsible representative may be expected to inspect all locations once each month accompanied by a representative from the CITY. At that time inadequacies/areas of improvements will be determined prior to release of payment for that month. If the CONTRACTOR fails to provide services, as per specifications noted in the inspection, the CITY shall have the right to withhold payment or that portion of payment as determined as appropriate by the CITY to correct the problem. SP -l8 i N. Daily Reporting CONTRACTOR shall make daily contact with City Supervisor to determine work level and effort, as well as maintenance performance. Contractor shall provide City with a weekly log sheet showing the names, dates, and hours worked of all employees for the previous week. O. Inclement Weather CONTRACTOR shall be responsible for the checking of landscape maintenance areas and for the removal and disposal of broken branches, fallen trees and erosion control. P. Library Facilities Fountain and reflecting pool are to be maintained and kept clean and free of debris and leaves. Area drains are to be checked and cleaned as needed. Q. Fertilizing CONTRACTOR will be responsible for providing all fertilizing material as designated by CITY specifications. All fertilizing will be performed under the CITY'S supervision and only with prior CITY knowledge and approval of its application. SP -19