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1983-0315_TOYO LANDSCAPING CO_Agreementt .CITY COPY" A G R E E M E N T LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF VARIOUS PARKWAY AREAS THIS AGREEMENT is made and entered into this 15th day of MaYr1; , 1983 , between the City of San Juan Capistrano, hereinafter referred to as "CITY" and Toyo Landscaping , hereinafter referred to as "CONTRACTOR" for landscape maintenance of specified portions of Various Parkway Areas and City Parks. The implementing authority for the CITY shall be the Department of Public Works. W I T N E S S E T H: SECTION 1. TERM. This Agreement shall commence on the lstday of April 19 and and shall remain and continue in effect for a period of twelve (12) months thereafter subject to extension or termination as described in Section 13 or Section 14. SECTION 2. MAINTENANCE: Maintenance shall include but not be limited to slopes, parkways and other specified' areas in above referenced tracts. CONTRACTOR may be required to perform extra work as deemed necessary by the Director of Public Works. SECTION 3. MEASUREMENT AND PAYMENT: CONTRACTOR shall agree to provide all necessary labor, machinery, tools, equipment and all other utility and transportation services required to per- form the landscape maintenance in the manner specified herein for the following consideration: SPECIFIED AREAS IN VARIOUS PARKWAY AREAS AND CITY PARKS TOTAL MONTHLY COSTS $ 253.70 TOTAL ANNUAL COSTS $ 30,444,00 Payment for any extra work directed by CITY shall be the actual cost of labor plus wholesale cost of material plus 20 percent. Monthly payments to CONTRACTOR will be made on the regular day for payment of City bills by the City Treasurer. CONTRACTOR shall submit detailed invoices with back-up vouchers for all charges other than monthly costs for item above. At the sole discretion of the Director of Public Works, additions or deletions may be made to this agreement which may result in an increase or decrease in the areas and acreage to be maintained. Such changes will be Submitted to CONTRACTOR in writing and shall be identified as addendums to this agreement. The affected areas will be classified, measured, and priced in accordance with the unit costs specified above. SECTION 4. GF.1.'hP7\L PRt1VISTONS: General provisions for the -rh to be performcd arc contained ticrci;l and are made a part of t1;is _rccmcnt by reference. SECTION 5. E011IMIMIT_LnnOR M10 ?r.EV1lILIidC. P:7lCES: VTRP.CTOp. Shall uSc and lu:n.iSh at his own c,:pcnse all labor al` -Zi equip- !nt ncce:.sary for the satisfactory performance of the wort: seL forth 7 this contract. Eight hours constitutes a legal' day's work. The time worked by ►ch uor3:man cmploycd in the execution of the agreement: by CONTRACTOR or ly subcontractor under hint is limited and restricted to eight hours in 1y one calcndn r clay and 40 hours in any one calendar t•:eek. Work per- )rmed in crccsS of eight hours per clay shall Le permitted upon conipen- ltion at not less than one and one half times the basic rate of pay as 7ovided in Section 1815, California Labor Code. THE CONTRACTOR and all subcontractors shall keep accurate !cords sho::•ing the name and hours worked each calendar day and calendar :ek by each worY,laan in accordance with Section 1812, California Labor r )ae. .In the performance of the terms of the Agreement, COVTRACTOR agrees that he will not engage in nor permit such subcontractors as he iy•employ from engaging in discri:rination in employment of persons macause of race, color, national origin, ancestry, or religion. Pursuant to Section 1771 of the Labor Code, CORTRACTOR is ,_equired to pay the general prevailing rate of per diem t+ -ages for each laborer or workman performing any work -under this contract. SECTION G. CONTROL OF F:ORh: The Director of Public works, or his authorized repreccata ivies, shall decide 2311 questions which may -rise as to the manner of performance and rate of progress of the work; 11 questions ;.s to the acceptable fulfillulcnt of the contract on the part of the CO::i 'X'700.; all questions as to the interpretation of the ftpecifications; and all questions as to compensation. Ilis decisi01, hall be final and he shall have authority to enforce and make c fective ouch decisions. When condition of a maintained area is determined by Director to be substandard due to inadequate or improper maintenance, ontl,ly u:zymcnt r..ay be o-:ithhcld until such condition is resolved to the ,_atisfacticn of the Director. SECTTON 7. PROSrVITTON or t oro: The CONTRACTOR shnll. begin aitst'1i.ni:ln 1'1lid ueaping trit.hin iTtccn (15) clays after the cxcctttion of the a9170011.cO:tt by tl.e CITY '111" Shall diligently prosecute: the same until A.J%C tcr:::iu:ltion oi: the agrcc ao.nL. Prior to tho date • of exccut:io.1 of tlti:: b)' ('IT1', C'�?::'C:;,\�";'cl't t•:i t•h the CITY a .u:c:t.y bolld to r.cctll:c tato fa! tht:ul p.,,vCormancc or this Contract anti a ,:cl+al•:1t.�� I�,�n.2 to :1,�c-cu:c• h.•1}•;::•ar of )1c1•ron:c I:crfo1-;11in,T 1:1bnr :it1�l fu1'ni:�ain�, .Ittlt�+ri:l)r• in cc•1m0c•t:ion with this: catttrsct•, each bortl sh;111. 1.1c ill 1.110 rur�+urlt. <�t nrt: lon.; thall 0110 Ilundrect 11vrc0,tlt• (]U(l".) of thu a1:1at1nl. of Illi :trnt 2:IC t. The contractor shall perform his work in accordance with the Standard Snccifications for Public Warks Ccnstructicn, 1979 Edition, herelna--ter referred to as the 5tancard Soeci;icazions. The contractor shall maintain a copy of this book on the job site at all times. The provisions of the Standard Specifica- tions shall be modified as indicated below: Change 1: "Section 2-4 - Contract Bonds" The "Payment Bond" (Material and Labor Bond) shall be in the amount of 100 percent of contract price. The 'Faithful Performance Bond" shall be held as assurance of guaranteed performance for a period of one year after acceptance of the improvements by the City Council. Change 2: "Liability Insurance" The amounts and provisions of insurance are modified to be: Bodily Injury $ 500,000 each person Bodily Injury $ 1,000,000 each accident Bodily Injury $ 10000,000 aggregate products .Property Damage $ 500,000 each accident Property Damage $ 500,000 aggregate_ operations Property Damage $ 500,000 aggregate protection Property Damage $ 500,000 aggregate products Property -Damage $ 500,00.0 aggregate contractual The contractor shall likewise obtain public liability and property damage insurance to cover vehicles used or main- tained by him, whether on or off the premises, with liability limits of not less than $500,000, for any one person, and $500,000, for any one accident, and property damage of $500,000.. The insurance amounts set forth herein are the minimum amounts required by the City. Other agencies with which the contractor may be involved in the accomplishment of the work may require greater amounts. The city will not recognize any claim for additional com-pensation because of the requirement for greater amounts . of insurance, as an element to be considered by the con- tractor in determining his bid. -17- SECTION 4 - Deleted SECTION 10 - Deleted SECTION 11. SAFETY: CONTRACTOR agrees to perform all work outlined in this contract in such manner as to meet all accepted stan- dards for safe practices during operations and to maintain safe conditions of premiccs and at all times, including safely stored equip,..ent, machines, materials or debris, protected excavations, or oLher hazards concegben Ual or related to his work; and agrees additionally to accept the sole responsibility for complying with all applicable local, County,. State or other legal requirements including but not limited to full compliance with the intents and -terms of the applicable OSRA and Cal; OSHA safety orders at all times, so as to protect all persons, including CONTRACTOR employees, agents of CITY, vendors, members of the public or others from foreseeable injury, or damage to their property.. Crimes, thefts, vandalisms, hazards, etc. shall be initially reported by phone followed.by confirmation in writing to the Director of Public Works or his representatives. SECTION 12. INDr-4r 1ITY. PROVISION: The CONTRACTOR shall be responsible from the time o the beginning of operations, for all injury or damage of any kind resulting from said operations to persons or property regardless of who may be the owner of the property. In addition to the liability imposed upon the CONT:'rCTO11, on account of personal injury- (including death) or property dalaage suffered through the CONTR.1CT02'S negligence, which liability is not impaired or other- wise affected hereunder, the CCUTRACT03 assuahcs the obligation to save the CIT] har-lc^c and to incclrnify the CITY from every espcnse, liaL:aity or pzymert arising out of or through injury (including death) to any person or p•_rsons or da,nage to property (rcgardlOSM of uho rmy be the Oh11er of t^.c r1:OY:;rt}`) of any pinco in which work is 10Cc Lcd, a2"251ny' out of or slit rCI•C.'l through app act or omission of the CON""RACTOR cr any 117c,n,1 r::cl.or or anyouc directly or inLlirectly cniployc�l by or undt•r tlhc` ..^.171`i"1']::1011 or ony of tho!a in the prosoc !Lion of tht7 operaLions includ: ,i i n thi:: c-olitract. -18- SECTION 13. CONTRACT EXTENSION: In the event CONTRACTOR has fully complied with all terms ana conditions of this contract, as determined in the sole discretion of CITY'S Director of Public works, CONTRACTOR may request that the duration of this contract be extended for successive periods of twelve months. CONTRACTOR shall submit his request in writing to the Director of Public ;Yorks at least 30 calen- dar days prior to the date on which the contract or an extension thereof would otherwise have terminated. In no event shall the total term of this contract, including all extensions, exceed 36 months. SECTION 14. CONTRACT TERMINATION: Any other provisions herein to the contrary notwithstanding, and in addition to other methods of termination provided for herein or available under the laws of the State of California, it is agreed that this Agreement shall terminate sixty (60) days after written notice of intent to terminate which may be given by either party to the other party of the Agreement. SECTION 15. NOTICES: Any written notices to the parties hereto shall be sufficientif they are deposited in the United States mail in envelopes, postage prepaid by registered or certified mail, addressed as follows: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SECTION 16. ASSIGNMENT: CONTRACTOR may not assign this Agreement without prior consent and approval of CITY. SECTION 17. LICENSING REQUIREMENTS. CONTRACTOR is required to possess either a valid C-27 Landscape Maintenance License or a valid Class A Contractor's License. In addition, CONTRACTOR must possess a Pest Control Advisor's License and a Pest Control Operator's License or must subcontract pest control requirements to a licensed Contractor. IN WITNESS WHEREOF, the parties hereto have executed this .Agreement at San Juan Capistrano, California, the day and year first above written. Dated: March 15, 1983 CITY OF SW JUAN F. CONTRACTOR • TOYO LANDSCAPING By l,TTEST : sJ LY CIT CiC� MAAN OVER. -- APPROVED AS TOp FORM: JAMES S. OKAZAKI, C ATTORNEY STATE 'OF CALIFOPUNTA COUNTY OF ORANGE CITY OF SAP: JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City Of San Juan Capistrano, California, cofDtheE greementlFY forthat the Maintenanceforeof Landng s a :true and correct copy executed by scaping in various -pc rkcaay areas of San Juan Capistrano, the Mayor of the City Council -,Of the City California. H —20— 0 0 2. AWARD OF CONTRACTS FOR LANDSCAPE MAINTENANCE SERVICES - CITY Y8) Written Communications: 4) Report dated March 15, 1983, from the Director of Public Works,, forwarding the results of bids received February 22, 1983, for the maintenance of City parks, parkways and landscape districts. Funds for City landscaping services. have been budgeted for 1982-83, and will be included in the 1983-84 budget. Award of Contracts: It was moved by Councilman Schwartze, seconded by Councilman Bland and unanimously carried to determine that the bids were complete, to award the City's landscape maintenance contracts as follows, and to reject all other bids received: (a) Landscape Maintenance Districts for specified portions of Tracts 7673, 8485, 9382, 9284, 9373, and 7654 to California Landscape, Inc., of San Juan Capistrano, in the amount of $40,034 per year; (b) City Parks to Midori Gardens of Santa Ana, in the amount of $79,356 per year; and, (c) City Parkways to Toyo Landscaping Company of Santa Ana, in the amount of $30,444 per year. The Mayor and City Clerk were authorized to execute the documents on behalf of the City. 3lISJ�3 1/_ • ' AGENDA ITEM TO: Stephen B March 15, 1983 Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contracts for Landscape Maintenance Services a) City Parks and Parkways, and b) Landscape Maintenance Districts SITUATION As per City Council direction bids for the maintenance of City landscaping were solicited and received on February 22, 1983, at 2:00 p.m. in the Council Chambers. Five proposals were submitted for the landscape districts and ten were submitted for the parks and parkways. The low three bidders in each category were as follows: LANDSCAPE MAINTENANCE DISTRICTS J&R Landscape Maintenance $37,956 California Landscape, Inc. $40,034 Toyo Landscaping Company $44,772 CITY PARKS Midori Gardens $79,356 Artistic Maintenance $81,900 Bestgreen Landscaping $89,400 CITY PARKWAYS J&R Landscape Maintenance $29,940 Toyo Landscaping Company $30,444 California Landscape, Inc. $35,520 After review of each bid completely and thoroughly and many discussions with the contractors, staff would recommend that contracts be awarded as designated by the (*) above. The low proposal in both the maintenance districts and City parkways was not selected due to the physical distance of the contractor from the City, i.e. Pomona, and to the limited number of per- sonnel designated by the contractor to be committed to these programs. While City specifications do not require a particular number of workers, instructions at the pre-bid meeting and follow-up conversation, based on past experience, dictate that several crews are necessary to perform the work adequately. Also, emergency and immediate call -out of the contractor both day and night and anytime during the entire week are not unusual. Therefore, a local location with quick response time is mandatory. Based on these and many other considerations, contractor selection was made. Award of Contracts -2- March 15, 1983 FINANCIAL CONSIDERATIONS The costs for City landscaping services (districts and parks/ parkways) are budgeted for in the 1982-83 and will be included in the 1983-84 budget. Parks and parkways are General Fund Programs, however, landscape maintenance districts costs are reimbursed through property owner tax assessments. Please note that these are only contractual (labor) expenses. Utility, extra work, and administration costs are not included in this expenditure but will be added in final budgeting. ALTERNATE ACTIONS 1. Determine that bids are complete and award the City landscape maintenance contracts as noted above. 2. Do not award the landscape maintenance contracts. 3. Refer to staff for additional information. RECOMMENDATION By motion, determine that bids are complete and award the City landscape maintenance contracts for: a) Districts to California Landscape, Inc. in the amount of $$40,034; b) City parks to Midori Gardens in the amount of $79,356; and c) City parkways to Toyo Landscaping Company in the amount of $30,444 annually. Authorize the Mayor and City Clerk to execute the documents on behalf of the City. Respectfully submitted, I3. 4 W. D. Murphy WDM:CSF/rem Y CARLISLE INSURANCE COMPANY Bond No. SUR 05160 Initial pnmium ehargsd for this bund is CONTRACT BOND — CALIFORNIA $609.00 whi>:r tr FAITHFUL PERFORMANCE — PUBLIC WORK +di.stm+nt upon comnTan o ono -:rt as applicable rate on find contract pr'icw. K.VOW ALL af£N BY THESE PRESENTS, That Toyo Landscaping Company of 302 S._ Newhope Street, Santa Ana, Calif. 92704 as Principal, and the , a corporation organized and existing under ehe laws of the State of Calif . and authorized to transact surety business in the State of California, as Surety, are held and fi.-:r.iy bound unto City of San Juan Capistrano In the sum of -------_-------------------------------------------Dollars(S_30,-44A_ 00-_--I for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administret .rs. successors and assigns, jointly and severally, firndy by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Princilm as entered into a Contract, dated March 15, , tq 83 , with the City of qan Jean _Capistrano to do and perform the following work, to -wit: Landscape Maintenance Services for City Parkways. NOW, THEREFORE, if the above bounden Principal shall faithfully perform all the provisions of said Contract, thenlits obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this _ 25th day of March—_, 19 83 . Toyo Landscaping gcMpany.._____ Pnnc :,a[ Carlisle Insurance CQMpany _ La ry R. derson, Attorney•imF:ict STATE OF CALIFORNIA, COUNTY OF 156&{)( ON %2La,4£ _X) o?S 19 3 before me, the undersigned, a Notary Public in and for said State, personally appeared ss. ♦•wows ••s•�••s OFFICAL 00IIAL ts®ws••eo_ ==��y / C.1�� 1/k J SEAL known to me, ty LYN hf. LAYuEN • . to be the person— whose name— t9 subscribed to the within Instrument, •' ✓' r o, , ICE IN and acknowledged to me that —he— executed the same. • • .�-� ':1 A:: � 7..NTY • i my commlc : Nov. 12, 1988 WITNESS my hand and official seal. /%% NAME (TYPED R PRINTED) Notary Public in and for said State. vrr R ` CARLISLE jNSURANCE CWPANY LABOR AND MATERIAL BOND �-- Bond No.SUR 05160 CONTRACT BOND - CALIFORNIA R!i Yfr1ENT BOND i(,''OLv,il.L 1ff.'N BY THFSEPRESE:VTS, That we, Toyo Landscaping Compan 302 S. Newhope Street, Santa Ana, Calif. 92704 an]ll tha , a corporation organized and existing under the laws of the St.ite of and authorized to transact surety business in the State of California, as Surety, are held and fumly ha,.iod ,ntn___.City of San Juan Capistrano__- as Obligee, Lin hes - T arnofhirtythousand four hundred forty _four dollars an�oo ----- -----------------------------------------=-1Sollars(5 30,444.00---------- t )r thr payment whereof. well and trulv to be made, said Principal and Surety bind themselves- their heirs. administrators. 5,11.CMA; s and assigns.lointly and severally. firmly by these presents. IR - ('G'NDITION OF THE FOREGOING OBLIGATION IS SUCH. That WHEREAS, the above -bounden Principal has eiur.,ed into a contract, dated _March 15, day of 19 83, with the Obligee to do and fwiGam the following work, to -wit. Landscape Maintenance Services for City Parkways. tii+W. i HEREFORE, it the ahrrce"bounden Pnn.ipal or his subcontractors fail to pay any of the persons named in Section "'� I c f the C1v;l Code of the State of California. or amounts due under the Unempioyment Insurance Code with re,pect to 4urk or labor performed by any such claimant, or any amounts required to be deducted. withheld and paid over the Tax Beard tram the wages of employees of the Principal or his sub -contractors pursuant to Secuon 1 680o it the Re cnuir and faxatnin Code. with respect to such work and labor. Surety will pay for the same, in an amount u,it a:u: -:dine :he amount ,peutied in this bond, and also, in case suit is brought upon this bond. a reasonable jtlornes 'v fee, o bei as 1 by he coup I hi ht rad ,hell niure to the bench, of any and all persons. companies or corporations entitled W file claims under Section _, I,h' 1 of he Civil Code of the State of Cahlontu. so as to give a right of action to them or their a5srttns in ins wit hn,,reht gau�t 11,15 hond - - Sigi fed sealed and dated t 25th ___ day of .." n premium i, :hareed for thus bond. It is executed I i ernoecuon with a bond for the performance of the1 March I4 83 Carlisle Insurance Company By Larry Anderson, Attorney -i❑ -Fact 1 STATE OF CALIFORNIA, COUNTY OF ON���%�� 19C�Z before me, the undersigned, a Notary Public in and for said State, personally appeared ss. N•+++++♦♦♦+n++!.+++0®♦++01+0♦ OF�ICAL SEAL�f( (/. e/}C • 1 N n_ LAYBEN • • , known to me, • no raver P OIC CALIFORNIA + to be theperson— whose name_ 1%/ subscribed to the within Instrument, ..,,,, rY and acknowledged to me that _he_ executed the same. •• ♦ My Comrnisslon c_c,^,fres Nov. 12, 1988 • •♦+++ao c, a: v+++++++++ WITNESS my hand and official eal. �Jy/jam NAME (TYPED D IN D Notary Peblic in anGte. Acnnuwi.euMMem--eenerer WOICOae roan T ReV. }w i 0 0 POWER OF ATTORNEY No. 05160 CARLISLE INSURANCE COMPANY 3435 Wilshire Boulevard, Los Angeles, CA 90010 KNOW ALL MEN BY THESE PRESENTS: That this Power of Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENT'S AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN. THE AUTHORITY OF THE ATTORNEY-IN-FACT AND THE LIABILITY OF THE COMPANY SHALL NOT EXCEED (Never to Exceed $500,000). USE OF MORE THAN ONE POWER VOIDS THE BOND CARLISLE INSURANCE COMPANY, a corporation duly organized under the laws of the State of California, and having its principal office in the city of Los Angeles, State of California, hereby make, constitute and appoint Jack Coughlan or Larry R. Anderson of the City of Irvine and State of California , its true and lawful Attorney -in -Fact with full power and authority hereby conferred to sign, seal and deliver in its behalf as surety, any and all kinds of bonds, and to bind CARLISLE INSURANCE COMPANY, hereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of said Company, and all the acts of said Attorney -in -Fact pursuant to the authority hereby given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the said CARLISLE INSURANCE COMPANY, has caused these presents to be executed by its officers, with its corporate seal affixed this date of March 25 ,1983 CARLISLE INS�URF�NCE COMPANY // , 2-2-119 83 0 P.M. qs (PROJECT TITLE) P,% 7 y. q I DDE R AMOUNT BON: Axl. -M s -n c. 1AA tr.►r' VAAJ c.� Hwy �G � 6;c--ST-r,- � •v G 9 d� d ZZ IrL T -HS So -m D v rD cc: City Clerk's Staff (3) GQLJ/S.o�✓� / K Public Works (3) ' f vt�� � W BID PROPOSAL For the: Maintenance of Landscaping in Various Park Sites and Parkway Areas To the Honorable City Council City of San Juan Capistrano Gentlemen: Bid Opening From 70 yO /Contractor The undersigned, as bidder, declares that he has carefully examined the locations(s) of the proposed work as described, examined the specifications and general conditions therefor, read the instruc- tions to bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted to provide all necessary labor, machinery, tools, equipment and all other utility and transportation services required to perform the .landscape maintenance in accordance with the specifications for the maintenance of Landscaping in various park sites and parkway areas :n the time stated herein, or the lump sum given on the following pages of this proposal. In case of discrepancy between unit prices and the extension there- of, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. Itis also understood by Bidder that the City of San Juan Cap- istrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then the enclosed check or bid bond shall be returned to the undersigned within thirty (30) days. If the pro- posal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned tb comply with the terms of this proposal. Accompanying this proposal is (insert ZSO,Dao -cash". "cashier s check", "certified check", or °bidder's bond" as the case may.bc) in an amount equal to at least ten percent (102) of the total bid. -3- 0 0 ty The follWhich willhe name fuznishand theplace of requiredbbondssasosuretyf the sifethe Company stork is awarded to the undersigned: W411 Cn vcSr/I / a' SD . / i/x� Sf1N %9 A�/�, C, - �� T Licenced in accordance with an act providing for the registration of contractors - - License No. 2 3 t 40 a _ Signature of bidder: 77 (If an individual, so state. If the firm name and give the names composing the firm: president, manager thereof.) Dated: 21-22- 193 As you are required to. review of your bid, please identify associated with each project a firm or co -partnership, state of all individual co-partners secretary, treasurer .and .302 �i79N cis u OHSN�m K f9A-6"/z 41 .Yt�.'�iceriw�e- '5�7,j-m1/1-1' C<:' yz,1oy each location prior to any existing/anticipated area. the submittal problems 0 PARKWAY AREAS 0 1. Del Obispo Street, easterly side from southerly city limits to Blue Fin Drive; Blue Fin Drive on southerly side to Via La Pluma; 22 Jacaranda trees and ground cover; manually controlled irrigation. 2. Camino Del Avion, each side, easterly from Del Obispo; 10 Sycamores, 13 Acacias, five Peppers; water truck for trees, weed control. Also, Del Obispo on school side; 23 Sycamores and eight Pear trees; water truck for trees, weed control. 3. Calle Aspero, each side from Del Obispo to Calle Ricardo; 22 Jacarandas and 22 Peppers; water truck for trees; weed control. 4. 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.Terraza easterly to Belardes; four Evergreen Pear trees, 13 Sycamores (water truck required); weed control.. b) Del Obispo Street, north side from Trabuco Creek bridge to Camino Capistrano; 30 Sycamores (water truck required); weed control. " c) Del Obispo Street, traffic island between Camino Capi- strano and railroad; 14 Sycamores and ground cover (manually controlled irrigation system). 6. Camino Capistrano, freeway side from San Juan Creek Road southerly 1,500';120 Liquid Ambers (water truck required); weed control. San Juan Creek Road between Camino Capistrano and freeway overcrossing; 14 Sycamores (water truck required); 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. S. Cristal at Ortega Highway; 20 Sycamores. Ortega Highway at Cristal; 43 trees and ground cover (automatic controlled irrigation system), -5- 0 0 9. Calle Arroyo, south side of street from Sundance Drive to Via Parra 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. Ortega Highway, southeast side from Siega to end of Tract 9204 boundary; grass, 5 Elms, 5 Sycamores, 6 Eucalyptus and 1 Pepper; automatic irrigation system. 11. a) Camino Capistrano, north side from Avenida Padre to Golondrina; 23 Sycamores, 4 Ficus, automatic irrigation system; weed control; shrubs and groundcover. b) Camino Capistrano, traffic,island between Del Obispo and 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 and Camino Capistrano, extending 200' easterly from the corner; 12 California Sycamores, shrubs and lilies; automatic irrigation system. 13. Ortega Properties Parkways - 2.5 acres Twenty feet from curb around the perimeter and internal roads within the Ortega Properties development. (See attached map.) 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 groundcover 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; groundcover and trees; (191). 0 0 Minimum water truck capacity of 500 gallons is required. TOTAL ANNUAL COST $T9G— 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. /' r Signature o er Address Telephone Number -7- LI PARKSITES Pi 1. Bonita Park - .6 acres; west side of Via Del Rey, across from Via Lorado; automatic irrigation controls, grass playground equipment and trees. 2. Four Oaks Park - 2.54 acres; east side of 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; automatic 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 Eucalyptus trees; one Jacaranda; manual controlled Rainbirds. 9. Mini Park - .3 acres located at Yorba and Camino Capistrano; crushed rock groundcover. 10. Junipero Serra - 3.75 acres located at Calle Santa Rosalia and Calle Bonita; automatic irrigation. 11. E1 Camino Real Park - 4.5 acres located on Camino Capistrano from La Zanja to Calle Chueca; automatic irrigation (City will maintain restrooms.) 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, parking lots and trees. • 13. Cook Park (Ortega Properties) 6.5 acres; east side of Calle Arroyo between La Novia and Paseo Tirador adjacent to San Juan Creek; automatic irrigation controls, grass and trees. 14. Acu Park - 4.7 acres; located at Camino Las Ramblas and Avenida Pescador; automatic irrigation controls, grass and trees. Minimum water truck capacity of 500 gallons is required. TOTAL ANNUAL COST $ 4,4 3 b Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Signature of Bidder Address --?/4� :77 f - (7 f7 Gey Telephone number LATE ::ounty 1 /✓ x NON-COLLUSI9 AFFIDA,VIT TO 5E EXECUTij BY BIDDER AND SUB41ITTED WITH BID OF CALIFORNIA ) of C.SY�Lss. s '<J•F4 s, -A, rte being first says that lie is q (/CiI / '<Ni7� , l��SA/�� of �fL duly sworn deposes /OAU Flj'94C`J [, the party making the regoing bi•; t at such bid is not made in the interest of or on behalf ,of any undisclosed person, partnership, company, association, organization, fidcorporation; that such bid is genuine and not collusive or sham; that id bidder has not directly or indirectly induced or solicited any other der to put in a false or sham bid, and has not directly or indirectly rlluded, conspired, connived, or agreed with any bidder or anyone else 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 (greement, con"mun i cation or conference with any one to fix the bid rice of said.bicder or of any other bidder, or to fix the bid price f 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 f any one interested in the proposed contract; that all statements ontained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, the contents thereof, or divulged information or data relative ' ereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organ i_ation,- bid �epository, or to any member or agent thereof, or to any other indi- iridual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. Subscribed and sworn ,this day of ' Notary Fu is in d By- -77— to - to beeffoaree, me 19 or said County OFRIr1A 1� SF]1986 JILL G FOX NOTARY PUBLIC - CAU OR'ANOF COIINTy lJ,y coram. expires APR 18001 Sky park #4 !ruing CA 877]A ' -11- and State ASP SUR 04491/2 (£)/ Prem BB$[J KNOW ALL MEN BY THESE PRESENTS, that we TOMO LANDSCAPING COMPkN1.' as Principal, and CARLISLE INSURANCE COMPANY existing under the laws of the State of California, and whose principal office is located in the City of Los Angeles , as surety are jointly and severally bound unto the CITY OF SAN JUAN CAPISTRANQ,cxf Orange County, California, in the sum of Ten Per Cent of amountD RS ($ 10% ), lawful money of the United States of America to be paid to the said CITY OF SAN JUAN CAPISTRANO, for which payment well and truly to be made, we bind ourselves, our heirs, successors, executors, administrators and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated February 22 1983 for the Maintenance of Landscaping in various- for the City of San Juan Capistrano, Orange County, California. * City Parks and Parkway Areas NOW, THEREFORE, if the Principal shall not withdraw skid bi.d. within thirty (30) days after the opening of same, and shallwithin 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 faithfu:. performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the with- draw! 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 Vork 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. IN WITNESS WHEREOF the above -bounden parties have executed this instrument under their several seals this 22nd day of February 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. itnesses (if individual) ATTEST if corporation) Title A0, Corporate Seal ATTEST —21— TOYO LANDSCAPING COMPANY PR;NCIPAL By Title ._ CARLISLE RANCE OMPANY SURETY By John M. Cough an 4 Title Attorney-in-fact State of SS. County of OFFICIAL SEAL ' JILL G FOX t • Y NOTARY PUBLIC - CAILVFORNIA ORANGE COU'N'TY ` <C-`�,'• fly comm, expires APR 25, 1985 18001 Sky Park #L, Irvine, CA 92714 GENERAL ACKNOWLEDGMENT FORM 7110052 State ofS�-�c-c f` SS. County of �'Z-�''�- OFFTCiAL SEAL •.,,.' JILL G FOX m NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY 6"Y comm. expires APR 25, 1986 _ 18001 Sky Park #L, Irvine, CA 92714 On this the --2-7—dayof —tT 19 Qs before me, the undersigned Notary Public, personally appeared Sct iT�9 ❑ personally known to me �oved to me on the basis of satisfactory evidence to be the persop(<whose namee< / J subscribed to the within instrument, and acknowledged that A V--� executed it. VV1T*6S-!kmy hand and official seal. `1 NATIONAL NOTARY ASSOCIATION • 23012 Ventura 8Nd • Wootlland Hills, CA 91364 On this the -Zaaday of 19 �sbefore me, the undersigned Notary Public, personally appeared /-/ C00'6 -,sem -e .--,' ❑ personally known to me L-15'roved to me on the basis of satisfactory evidence to be the person>y0ose name(el J subscribed to the within instrument, and acknowledged that 71executed it. my hand and official seal. nature u e Tlnu el .nTA AN a smc,.1.nu. 91n ro 1--eL,n . w—lI..tl uiva ca al aae POWER OF ATTORNEY rI L No. 04491/2 CARLISLE INSURANCE COMPANY 3435 Wilshire Boulevard, Los Angeles, CA 90010 KNOW ALL MEN BY THESE PRESENTS: That this Power of Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENT'S AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN. THE AUTHORITY OF THE ATTORNEY-IN-FACT AND THE LIABILITY OF THE COMPANY SHALL NOT EXCEED * * * TWO HUNDRED FIFTY THOUSAND DOLLARS-* * * USE OF MORE THAN ONE POWER VOIDS THE BOND CARLISLE INSURANCE COMPANY, a corporation duly organized under the laws of the State of California, and having its principal office in the city of Los Angeles, State of California, hereby make, constitute and appoint John M. Coughlan of the City of Los Angeles and State of California , its true and lawful Attorney -in -Fact with full power and authority hereby conferred to sign, seal and deliver in its behalf as surety, any and all kinds of bonds, and to bind CARLISLE INSURANCE COMPANY, hereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of said Company, and all the acts of said Attorney -in -Fact pursuant to the authority hereby given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the said CARLISLE INSURANCE COMPANY, has caused these presents to be executed by its officers, with its corporate seal affixed this date of February 29. iga-i CARLI L I�ISU,VINCE COMPANY By %r res STATE OF CALIFORNIA COUNTY OF LOS ANGELES L - On this date of January 3, 1983 , before me, a Notary Public of the State of California, in and for the County of Los Angeles, duly commissioned and qualified came FRANK V. McCULLOUGH, President of CARLISLE INSURANCE COMPANY, a California Corporation, to me personally known to be the individual and officer described herein, and who executed the preceding instrument and acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of said Company and that the seal affixed to the preceding instrument is the Corporate Seal of said Company and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the same instrument by the authority and direction of the said Company, pursuant to the following Resolution adopted January 4, 1982, by the Directors of said Company, and now in force, to wit: "Resolved that the President, Secretary or any Vice President shall have the power and authority to appoint Attorneys -in -Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, con- tracts of indemnity and other writings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Los Angeles the day and year first written above. OFFICIAL SE4L ILLEANE R. MANN Notary Public NOTARVPUBLIC CALIFORNIA PRINCIPAi CF -10E o, f LOS ANGELES COUNJv This power not valid unless used by December 31, 1983 _;. My COMMISSion E,p Nov 35.:986 PROOF OF PUBL*nON (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange City of San Clemente I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the San Clemente Sun -Post a newspaper of general circulation printed and DA_ ILY published......................................................... ------------ in the City of San Clemente County of Orange, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of March 11, 1260, Case Number A9140; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: Februn rv.. :n '... 11._ ...................................... all in the year 19..x-3 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this 11th February 83 _... day of ....................... _.......... _......... -, 19--......... i Signature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 i Clemente, Calif. 92672 - Phone 714192-5121 Thin spac&or the County Clerk's Filing stamp SCEr_IVED F,- P 113 Proof of Publication of rTICE T7'VTTTT?G ij7DS ................_......... ------------....-.....-...- NOME INWIINGBEDS Agabitenance at Iaodecap Ing in Varlous City Parks and Parkway Areas. Notice is hereby given that the City of San Juan Capistrano will ,receive sealed proposals or bids for. the maintenance, of landscaping in various City, parks and parkway areas until 2:00 P.M. on the 22nd day of February,1983. A pre-bid conference is scheduled at 10:00 A.M. on the 17th, day of February, 194 at the City offices to assist contractors. Copies of Plans and Specifications are -on Elle in thq,Office of the City Clerk of•.San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at a non- mfundable charge of $5.00, plus,a charge of $5.00 for each -set of plans, and specifications mailed. Dated: February 2,1983 (s) Mary A. Hanover City. Clerk Ctty of San Juan Capistrano, Orange County, California. __Published in •the Daily Sun -Post, San Clemente, California — February 4 and 11, 1983. NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: DAILY SUN -POST Helen Nielsen, Legal FOR PUBLICATION ON: DOCUMENT(S) TO BE PUBLISHED: loawy�-4ciA 4o 60 "dk TUESDAY, F UARY 8, 1983 AND TUESDAY, FEBR RY 15, 1983 7 R o(or S, F- toietta 24 I0)1,�3 CL X4 NOTICE INVITING BIDS - MAINTENANCE OF LANDSCAPING IN VARIOUS CITY PARKS AND PARKWAY AREAS PROOF OF PUBLICATION: Please send to: City Clerk's Department City Hall 32400.Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: i4 //_ DATE: February 2, 1983 Date of Bid Opening 2/22/83' Date(s) notice published 2/'6,/83 & 2/1-5/83 ea`— Date affidavit received Date notice posted in 41 designated posting places ( 3 ) 2/&/83 Date notice(s) posted on property n/a Date of mailing notices • NOTICE INVITING BIDS C� MAINTENANCE OF LANDSCAPING IN VARIOUS CITY PARKS AND PARKWAY AREAS Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the maintenance of landscaping in various City parks and parkway areas until P.M. on the 22nd day of February , 1983 . A pre-bid conference is scheduled at 10:00 A.M. on the 17th day of February 1983 , at the City offices to assist'contractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at a non-refundable charge of $5.00 , plus a charge of $5.00 for each set of plans and specifications mailed. Dated: February 2, 1983 CITY CLEW CITY OF S N JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA w • • N O T I C E I N V I T I N G B I D S Public notice is hereby given that the City Council of the City of San Juan Capistrano will up to 2:00 p.m. on the 22nd day of February 1983, receive sealed proposals or bids for the Maintenance of landscaping in Various City Parks and Parkway Areas in accordance with the approved specifications on file in the office of the City Clerk of the City of San Juan Capistrano, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. Bids will be received until the time hereinbefore indicated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accompanied by a certified check, cash, cashier's check or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder failed to enter into the required contract within 25 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a. m. on the 17th day of February 1983, at the City O- ices. The contractor sha ave the opportunity for clarification or interpretation of any point or points of question within the contract documents or specifi- cations. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible.for any instructions, explanations, or interpretation of the specifications and contract documents presented to the bidders in any manner. BIDDERS ARE HEREBY the State of California, c I�wages, as determined by tH trial Relations, are shall be made available to '1, J{,� C�)) 2'yJ83 NOTIFIED THAT, pursuant to the Labor Code of opies of the prevailing rate of per diem on file in the office of the City Clerk and any interested party on request. Copies of the specifications are on file in the City Clerk's Department, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the specifications for use in preparing bids may be obtained at the City Clerk's Department, San Juan Capistrano, at the address shown above. one set of specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $5.00, non-refundable, is required for obtaining each set of specifications. There:will be a $5.00 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 pro- visions of the laws of the State of California relating to licensing of contractors. This.notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and.is dated this 2nd day of February 1983. MARY ANN/fiANOVER, CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA The successful bidder, simultaneously with the execution of the contract, will be required to furnish a faithful performance bond equal in amount to one hundred percent (100%) of the contract price and a labor and materials bond equal in amount to one hundred percent (100%) of the contract price. The City Council reserves the right to received and to compare the relative merits and to choose that which in the opinion of serve the interests or needs of said City. -2- reject any and all bids of the respective bids said. City will best 0 2. CALL FOR BIDS - LANDSCAPE MAINTENANCE OF CITY PARKS AND nrn111. 111 (74) Written Communications: Report dated February 1, 1983, from the Director of Public Works, requesting approval of the specifications for maintenance of the City's parks and parkways; the existing contract will expire on April 1. A royal of Specifications/Call for Bids: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to approve the specifications and to authorize a call for bids for the City's Parks and Parkways Landscape Maintenance Program. ::�L �,I�3 0 0 AGENDA ITEM FEBRUARY 1, 1983 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Call for Bids - Landscape Maintenance of City Parks and Parkways SITUATION As per established City procedures, the contracts for Maintenance of Various City Parks and Parkways will conclude on April 1st. In an effort to consolidate this program and assure a smooth transition of maintenance work, Staff has reviewed the specifications and is requesting authority to advertise for bids. With the inclusion of several new facilities and an increase in attention to several other concerns (rodent control and more drought resistant planning) contract modifications have been made. Emphasis to reflect these adjustments will be made throughout the bidding process. FINANCIAL CONSIDERATIONS The cost to maintain City landscaping of Parks and Parkways has been budgeted for in the Public Works Maintenance Specialized Services Account. An increase in this budget for next year will be necessary due to the addition of several new facilities. Once bids are obtained, a more definitive amount for this program can be determined. ALTERNATE ACTIONS 1. Approve the specs and authorize the solicitation of bids for the City's Parks and Parkways Landscaping Program. 2. Do not approve the specs. 3. Refer to Staff for additional information. RECOMMENDATION By motion, approve the specs and authorize the solicitation of bids for the City's Parks and Parkways Landscaping Program. Respectfully submitted, mitted, \Z. N. W. D. Murp r WDM:CSF/nep iTr' tC;7" AGFJNDA I I E CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA 11 SPECIFICATIONS & CONTRACT DOCUMENTS FOR THE MAINTENANCE OF LANDSCAPING IN VARIOUS CITY PARKS AND PARKWAY AREAS CITY COUNCIL LAWRENCE F. BUCHHEIM, MAYOR PHILLIP R. SCHWARTZE KENNETH E. FRIESS ANTHONY BLAND GARY L. HAUSDORFER W. D. MURPHY DIRECTOR OF PUBLIC WORKS February, 1983 Cl /. CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA 1 ' SPECIFICATIONS & CONTRACT DOCUMENTS ' FOR THE MAINTENANCE OF LANDSCAPING IN VARIOUS CITY PARKS AND PARKWAY AREAS 1 1 CITY COUNCIL LAWRENCE F. BUCHHEIM, MAYOR PHILLIP R. SCHWARTZE KENNETH E. FRIESS ANTHONY BLAND GARY L. HAUSDORFER W. D. MURPHY DIRECTOR OF PUBLIC WORKS February, 1983 1 1 1 1 TABLE OF CONTENTS CONTRACT DOCUMENTS NOTICE INVITING BIDS ------ BID PROPOSAL--------------- NON-COLLUSION AFFIDAVIT ---- INSTRUCTION TO BIDDERS ----- AGREEMENT ------------------ BID ----AGREEMENT------------------ BID BOND ------------------- FAITHFUL PERFORMANCE BOND -- LABOR AND MATERIAL BOND ---- GENERAL PROVISIONS--------- -------------------------1 -------------------------3 -------------------------11 -------------------------12 -------------------------15 -------------------------21 -------------------------22 -----------------=-------23 -------------------------24 N O T I C E I N V I T I N G B I D S Public notice is hereby given that the City Council of the City of San Juan Capistrano will up to 2:00 p.m. on the 22nd day of February 1983, receive sealed proposals or bids for the ' Maintenance of Landscaping in Various City Parks and Parkway Areas ' in accordance with the approved specifications on file in the office of the City Clerk of the City of San Juan Capistrano, City Hall, ' 32400 Paseo Adelanto, San Juan Capistrano, California. Bids will be received until the time hereinbefore indicated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accompanied by a certified check, cash, cashier's check or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful ' bidder failed to enter into the required contract within 25 days after the written notice that said contract has been awarded to him for the work. ' A pre-bid conference is scheduled at 10:00 a. m. on the 17th day of February 1983, at the City OM ces. The contractor sha 1 ave the opportunity for clarification or interpretation of any point or points of question within the contract documents or specifi- cations. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or interpretation of the specifications and contract documents presented to the bidders in any manner. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant the State of California, copies of theo prevailing to the Labor Code of rate of per diem wages, as determined by the Director t e Stste Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. ' Copies of the specifications are on file in the City Clerk's Department, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the specifications for use in preparing bids may be obtained at the City Clerk's Department, San Juan Capistrano, at the address shown above. One set of specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount ' of $5.00, non-refundable, is required for obtaining each set of specifications. There..Will be a $5.00 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 pro- visions of the laws of the State of California relating to licensing of contractors. ' This.notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 2nd day of February 1983. 5 MARY ANN OVER, CITY CLERK ' CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA 1 , The successful bidder, simultaneously with the execution of the ' contract, will be required to furnish a faithful performance bond equal in amount to one hundred percent (1008) of the contract price and a labor and materials bond equal in amount to one hundred ' percent (1008) of the contract price. The City Council reserves the right to reject any and all bids ' received and to compare the relative merits of the respective bids and to choose that which in the opinion of said.City will best serve the interests or needs of said City. At the discretion of the City a contract may be awarded on the combined total of parks and parkways or awarded to separate low bidders. 1 -2- c->0 EL CAMINO REAL \ Camino Capistrano �rFRC� i'A R� _1 J..Aoc.�po d.-.a,ru:pa.Z SAN JUAN CAPISTRANO 'CITY OFFICES 32400 Pa;eo Adelan;o SAN JUAN HOT SPRINGS 1 'DANCE HALL 32506 Paseo Adelanto ' I.A a 1 ,a Del PARK V Via Del Rey W 7 Y s„c^-13.11 hes. M,eD CiTY4JARKS C Ooo� 4��ac-k. . IRA ;AK e SalRta Rosalia ISTRANO ELEMENTARY -,'d 31x22 Camino Capistrano MZNS PA4k'i` 4 IF,o. yccb3 Si•. >� FOUR OAKS PARK Via 0 rr � •' � ARRoYo �4i2.K ��„i... Via P�R/� ` SAN JUAN ELEMENTARY EI Camino Real and Sonnq L . O ALTO 314APISTRANO _10_ CAcu DESCANSO PARK San Juan Creek and Bike ' ArRUCTION TO BIDDERS • 1 Securin:; nocumcnLs. pccificaticn documents will and topics may be secured in minati.on of be available for examination without charge accori:ance with the "Notice Inviting Bids.." ifications and site of Work. �he biddur is required to examine the site of work, the proposal, and he spccificaLions very carefully. He shall satisfy himself as to the .character, quality and quantities of the work to be performed, the terial:: to be furnished and the requirements of the Contract Documents. squalification of Bidders. Io person, firm or corporation shall be allowed to make, file or be nterestcd in more than one bid for the same work unless alternate ids are called for.. A person, firm or corporation who has submitted -sub-proposal to a bidder, or who has quoted prices on materials to bidder, is not hereby disqualified from submittii,g a bid in his own 'behalf. �roposals. _ Iids to receive consideration shall be in accordance with the following nstructions: A. Bids shall be made only upon the forms provided within -these t specifications; all bid items shall be properly filled out-, and the signatures of all persons signing shall be in longhand. B. All prices and notations must be in ink or typewritten. No erasures :;ill be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Altcr.nate proposals will not be considered except - at 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 cxperience, financial respon-ci.biliLy, technical ability, Cquilnu. nt and rufurances prol erly and fully filled out.. E. Each bid,101- must accompany his bid with ci.ther a cashior's chock upon :,omo rczpon...ib.1c ban!:, or a properly cortificd Check upon sura brink, or an approved corl-.or.atu surety bond payable to tho City for such a sunt of not. lc.^.: Lhan Lon (10) -12- 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 rcpr.eccntcd thereby, shall remain the pro.perty of the City and, if the bidder shall fail to execute said Contract, said surety will pay to the City the damages ' Which 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. F. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids, as hercinbcfore specified in the "Notice Inviting Bids." Bids shall be enclosed in a sealed envelope bearing the title of the work and the name of the bidder. �icensing of Contractor. 1 p^_rcons, firms, partnerships or corporations shall be licensed in ccordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before �ding any work of any kind. Withdra%,l of Bids. VY bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. cninq of Bid Proposals. re City will, in open session, publicly open, examine, and declare e bids at the time set forth in the "Notice Inviting Bids." Bidders or their authorized representatives are invited to be present. Intcrvic,w of ri.ddcrs ,If deemed necrssary, the three loc:est bidders will be requested to ap,jear for itttcrvicti: beforc the Director of Public Works or his author.i-zcd zcprc�mtta ti.vo. ,Auanl 01 Cnnt•rnc*t- or 1:�irction of rids. KO hidelor r,;:;} wit.hdrnw his bid Cor a period of fot:t:y-five dtty;-, after thr Aatc .^.c t. fir th:; ,oh.�ninct of bids. The contract• for the work will with, r h: at'%ic�:"d oc tho blclti rc:•jcctC:,i within the forty-five (.5) days irom the dat•o not: for lh; oiicnitnJ of bi.i,;. -13- percent of the aggregate sum of the bid, which check or bond and the mcnics represented thereby shall be held by the City as a guarantee that the bidder, if awarded the ' Contract, till in good faith enter into such contract and furnish the required Lords. 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 rcpr.eccntcd thereby, shall remain the pro.perty of the City and, if the bidder shall fail to execute said Contract, said surety will pay to the City the damages ' Which 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. F. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids, as hercinbcfore specified in the "Notice Inviting Bids." Bids shall be enclosed in a sealed envelope bearing the title of the work and the name of the bidder. �icensing of Contractor. 1 p^_rcons, firms, partnerships or corporations shall be licensed in ccordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before �ding any work of any kind. Withdra%,l of Bids. VY bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. cninq of Bid Proposals. re City will, in open session, publicly open, examine, and declare e bids at the time set forth in the "Notice Inviting Bids." Bidders or their authorized representatives are invited to be present. Intcrvic,w of ri.ddcrs ,If deemed necrssary, the three loc:est bidders will be requested to ap,jear for itttcrvicti: beforc the Director of Public Works or his author.i-zcd zcprc�mtta ti.vo. ,Auanl 01 Cnnt•rnc*t- or 1:�irction of rids. KO hidelor r,;:;} wit.hdrnw his bid Cor a period of fot:t:y-five dtty;-, after thr Aatc .^.c t. fir th:; ,oh.�ninct of bids. The contract• for the work will with, r h: at'%ic�:"d oc tho blclti rc:•jcctC:,i within the forty-five (.5) days irom the dat•o not: for lh; oiicnitnJ of bi.i,;. -13- tc contract for ' bidJar cc,c,i,l ging tcls." Thca City, d to waive any L the work will be awarde:l to tl:c lowest responsible with ticcse j.n:;Lruct.io:;te and with the "Notice Inviting ho,::uver, rescr.ves Lho :sight to reject any or all bj.c)s nonconforality in the bids received. c bidder to whom the award in made shall execute a taritten Contract th the City and furnish the stipulated bondu within tell (10) days fter the notice of: award of contract. The Contract Agreement shall be li do in the form adopted by the City, The release of the successful ddcr's :urcty deposit, as previously stipulated, shall be made upon e city's acceptance of the Labor and Matcrials Bond and the Faithful 'erformancc Bond. if the bidder to whom the award is made fails to enter the contract as 'herein provided, the zi%ard niav be annulled and an award may be made o the next lowest responsible bidder; and such bidder shall fulfill every tipulation c:: -,braced herein, as if he were the party to whom the first award was made. A corporation to whichan a:aarci is made shall furnish tvidence of its corporate existence and evidence that the officer signing he contract and bonds for the corporation is duly authorized to do so, Bonds. Che successful bidder, simultaneously with the exccution of the Agreement, will be required to furnish a Lahor and 1.la'_crials Bond in a sum not less 'pan one hundred percent (10u-) of the total a:aouut payable by tae teres 7 i the contract and a Faithful rerfor:uancc. Bond in a, sum not less than one hundred percent (1000 of the amount of th, contract. Said bonds ft hall be secured from a surety company satisfactory to the City. 'Surety ompanies, to be acceptable to the City, must be authorized to do business in the State of California and be on the accredited list of the United States Treasury. Time of Pcrform'ancc. The wor): shall be commenced within date of execution of the contract a period of tt,,clve (12) months. Assignment of' Contract. fiftc^n (15)calendar days from the and shall be diligently prosecuted for 'No nr.sign.mcnt by the Contractor of any contract to be entered .nto hercutiCler or .iny part thereof, or of fund:; to be received Uicrcundcr by tll(,, COntl'aet"Or, will be recoq_ niccd by the aw<uding authority and the 'surety han b un given notice of such assiLinmcnt in writing and has con- Santed therm.) in writing. ant ' luttr;ltiun iu r,) r�:jfirally (l.irectcld to all 1prnvisjonr, of the Labor Code , Or thv ;;talc c:' C.:lj fc,: part t•:j lh ro(jard to t:ctr':;u,_n a,xl tcagc5. Kaiacs ::>>::11" not be less than prevailing wage rates determined by the CITY pursuant to said Code and as listed in the "NOTICE INVITING BIDS." -14- NERAL PROVISIONS • .Turf Grass , 1. All ?awn areas are to be mowed weekly, or as- needed to A b 1 d borders neatly It' maintain the height snecirie a ow an edged. Trim around sprinkler heads as needed toprovide maximum water coverage. Trim around planters. Remove and dispose of all cuttings. Mow to the following height: Bermuda 1/2" to 1" • Bluegrass 1-3/4" to 2-1/4" 2• Irrigate as necessary to maintain proper growth rate and optimum appearance (see Section 3.E., Irrigation). 3.Maintain lawn areas in a weedfree condition. a. A preemergent crabgrass control shall be applied to all bluegrass turf between February 15 and • April 15 of each year. b. Chemical control of broadleaf weeds shall be initiated on an as -needed basis to maintain a "weed free" turf condition. This shall be the program for all bluegrass and bermuda grass - areas. • 40. Aerate once a year between February 1 and March 31. Aerate all turf by removing 1/2" by 2" cores of sod with an aerator machine at not more than 6" spacing. ;S. Turf shall be dethatched once a.year between February I and March 31. This shall be accomplished by .using a 'flail type" dethatching machine. 60 Fertilization: a. Bluegrass turf shall be fertilized every 30 to 45 days, as needed, at the rate of one pound of actual nitrogen per 1,000 scuare feet. A 16-6-8 formula with trace elements is recommended. b. Bermuda grass turf shall be fertilized at the rate Of one pound of actual nitrogen per 1,000 square feet. Fertilizer of an ammonia nitrate 33.5-0-0 formula shall be applied once during the months Of January and December. Fertilizer of a urea 46-0-0 formula shall be applied every 60 days February through November. -24 •' ' 7. A broad spectrum fungicide (such as A•ctidone RZ) shall be applied to all bluegrass turf at the preventive ' rate beginning April' l each year. Additional appli- cations shall be made at the curative rate as necessary throughout the year. Slope Care 1. Ground cover (grass, herbaceous plants) `A. Irrigate as•required to maintain a reasonable. appearance. • b. Fertilization: ' 1. Iceplant areas shall be fertilized when recommended by the Director of Public Works or his authorized representative :with ..the rate of each application to be one pcund • Of actual nitrogen mer 1,000 square feet asing a 16-16-16 formula material. ' 2. Grass areas (Alta Fescue, etc.) shall be fertilized every 120 days with the rate of each application to be one pound of actual nitrogen per 1,000 square feet using a 16-16-16 • formula material. 'C. Control. pests, 'including rodents and snails, as needed, d. Maintain slopes weed free. Periodic hand weeding over entire area will be required. e. Maintain a maximum allowable height of 24" on Slope areas. The seed stems and heads shall be removed from the grass (Alta Fescue, etc.) before they go off color each vear. i. Trim and edge to maintain sidewalks and curbs free of plant growth. 1C. Shrub and Ground Cover Care 1. Prune to maintain reasonable size and appearance.' 2. Annually- thin out, shape and head back all shrubs. • 3. Control pest:, and diseases as needed. , <. A broad spectrum preemergent weed control, such as Treflan, shall be applied to shrub beds and ground Cover beds in April and September of each year. ' ! -25- • Additional weed control shall be initated as necessary to maintain a weedfree condition. Ground cover areas'should be fertilized every ninety A90) days with the rate opar 1, 000oo square feet usingn to be , pound of actual nitrogen p 16-16-16 formula material. Trim and ganecessary restrict growth encroaching onsidewalkor otheradjacentareas. ,Irrigate as required to maintain adequate growth rate and reasonable appearance. Tree Care 1. Annual bedding plant areas shall be programmed for replacement as directed by the Director of Public Works or his authorized representative. Renlacement plants shall be of a suitable type to provide the maximum amount cf color (bloom) during the time they are in the bed areas. X11 of the applicable maintenance hesence programs covered in this section shall apply to annual bedding plant areas as well. 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 gcod foliage color. ' 9. Irrigate as required to maintain adequate growth rate appearance. -26- E. Irrigation System ' 1. The CONTRACTOR shall maintain the complete sprinkler system in an operable cohdition. ' 2. Repair and adjust all sprinkler heads to maintain proper coverage. 3. Adjust water application to compensate for changes in weather. CONTRACTOR will be responsible for damages occurring due to under -watering or over -watering. 4. All replacements to be with original type material or substitutes approved by the CITY. ' 5. Repair or replacement of equipment damaged as a result of CONTRACTOR'S negligence shall be replaced at the CONTRACTOR'S expense as will the cost for any water loss during this time. 6. Damage not resulting from CONTRACTOR'S negligence will ' be reported promptly to the CITY, together with an estimate of costs for correction of the condition. ' 7. All systems to be operationally checked a minimum of once a week. 8. Irrigation of park will be accomplished between 10:00 p.m. ' and. 3:00 a.m., subject to change by CITY. 9. Irrigation by water truck will be accomplished during ' daylight hours and no less than bi-monthly, or as directed. ' 10. A minimum 500 gallon capacity tank is required. 11. CONTRACTOR is required to be present during watering anal/or inspect the irrigation system daily to assure that there are no problems with the system. 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 ' damaged 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. -27- (� Restrooms e As required, restroom facilities will be maintained by CITY.. J General 2. Vegetation shall not overhang a sidewalk at less than 7 feet in height or a roadway at less than 14 feet in ' height. 2. *All operations will be conducted so as to provide • maximum safety for the public. 3. Where CONTRACT work may create potential or known hazards on streets or roads and to persons traversing them, CONITRtiCTOR shall obtain at his own expense and place whatever signs, lights, barricades, cones or ' other safety devices are necessary to prevent accidents, injuries or damages, consistent with the Orange County Manual of Warning Signs, Lights and Devices and with all other applicable ordinances a_id statutes. When ' working adjacent to the roadway, red vests shall be worn at all times. r 4. Leaves, paper, weeds, and any other debris will be removed from landscaped areas and disposed of offsite. ' Trash cars provided by the CITY will be emptied - and washed out after emptying. '- 5. CONTRACTOR will clean sidewalks, roadways, and anv • -other areas dirtied by his maintenance operations. 6. CONTRACTOP, 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 J as: fertilization, rre^_merar_nt weed control; turf aerificnticn;turf dethatching ; preventive application of turf fungicide; and annual type bedding plant replacements. • 8. CONTRICTOR is required as part of this Agreement to • furnish all materials necessary to accomplish maintenance ' In accordance with the foregoing specifications except fertilizer, wtiich will be available at Corporation Yard, 32400 Pasco Adelanto, San Juan Capistrano. -28- • CONTRACTOR is further required to stock high usage '. items for repair of irrigation systems. CONTRACTOR will be reimbursed. the wholesale cost of such materials And parts upon presentation of properly itemized invoices. Any other types of materials required to ' be furnished will be considered as extra work (see ' Exhibit I, H).- 9. ).9. CONT p�,.CTOR is required to maintain an office in Orange County and provide the office with phone 'service during normal working hours. If a telephone 'answering service is utilized, the answering service ' shall be capable of contacting CONTRACTOR by radio or pager. CON•FU=OR is further required to provide CITY with an emergency number for contact outside the normal working hours. 10. Whenever herbicides are used, dONTRACTOR 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. 22. Prune plant materials adjacent to roadw=ay intersections to provide adequate sight distance for vehicles entering the intersection. •� 23. 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. ., 27. 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 1:he area and the anticipated hours of work- for each week. I• Extra Work 1. Extra,work will by.CITY unless a not be performed condition exist$ -29- without prior approval wherein it appears. 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 repre- sentative from the City. At that time inadequacies/areas of improvements will be determined prior to release of pavment ' 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 ' and until the situation is rectified. -30- there is danger of in;ury to-ersons or damage to property. 2. Extra work may be required by the CIT`_' 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 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 repre- sentative from the City. At that time inadequacies/areas of improvements will be determined prior to release of pavment ' 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 ' and until the situation is rectified. -30- IR�IIII'IIt 1I YI'. . I n rV n { I! 1 II !i- �. II Ili , I1 I jl I� 1 r Ill i V ''� 1 l. �a LIN. 61 l iI it u: IVY IV lytIY,I,l i e41.. � 4ME It L,�15� Ii i` MARTINSON & McKINZIE ° n=F;IFtDIMC LD'dEt,iG:. INSURANCE AGENTS AND BROKERS P.O. BOX 1315 • 558-1525 SANTA ANA, CALIFORNIA 92702 NAME T ID Pb SS 4-d IRF[ — - — - — - — Toyo Landscaping 302 S. Newhope Santa Ana, Ca. 92704 II V Chis is to cetay chat witcIifrtu ra r , I LAhn:e h. en ental a of any Conti air nr of 1=r OccF q E I e1 el i.n h -r` t- s x --f' a e mz UE I !a terms, exclrs,ons an I conditions of sI r COMPANY rya, IF INSI IRA 1E L , ^ARt — - FTTER GENE[ AL LIABILITY -- --- - Allianz Insurance _Co. P4C1f iC_NatiOnal _ Insurance Fireman' -s Fund 'CA at thistimo. Not,,I I J,rt nary requ _in,, I:To—. rant( afforded )y the ii de .olbe. } c-eIr N, Limits of LiabAity in I housands 0IATE _ BODILY IN A F A !: EJ, cMFlt FINsvF Dani AMP 149334 5/7/84 1 � F4.'REMI I IO't Rf,..C'�•. EX''LCI _ 1N AN:1 C I IF - r HAnA ap -� UNUEFr tC( ND HA/Aa[ I" ROV IInNs HAr.-4VI _-l�-)NTF,' ruAl INSU11111 GR PROAL 'ORM FPOPI v DAM' E N9rPE I ',1FNT I,Tl+ I L - f� IER$On . IN,DRY AOTOMCEtILE LIABILIT B LX,OMPII EN,v: IIIF:+ 714977 5/7/84 [$ rANFE E I HED PROPERTY UAMA6E L2f noN [n-. ED EXCE'_5 LIABILITY I I C ®uMRRI_IFoRM XLB 1525107 5/7/84 '. 500, IF ,TIL ER I rAN UMP9f'. I it f OFA WO RKERS' COMPENSATIC N and EMPLOY :IRS' LIABILITY OTHER IIESCRIPTION OF OPLRAIIJNS'LOCATK NSNEHICLES Landscape Gardening on, PERTV IyIVCY $ I I RODILY IN IUHY INC PROPFRTYDPMIGF s500, 500, COMB INLD I I•LPSONAL r-uRY 600, RCDILV IN IIIR� F rrgcH P°Henn, BODILY IN, -RI E (EACH ACCIpLNi( PROPERTY UAMA6E -t F BODII V INJUR�nM1n '. 500, PRoI'ERTr oAlucE BODILY IN URIANp PROPERLY DADAGF COMBINED 1, 00011, 000 STATUTOPv F Cancellation: Should any of the above described policies be c ncel led b?to rE the expiration date thereof, the Issuing com- pany will endeavor to mail - 10 days wr'it•tn )otice to 'he below named certificate holder, but failure to mail such notice shall impose no obligation or a Ihty of aw, kind upon thecompany. NAME AND ADDRESS OF CERTIFICATE HOLDER DATE ISSUED'_ City of Sanjuan Capistrano 32400 Pasco Adelanto Sanjuan Capistrano, CA. 92675 r ACORD 25 (1-79) Irleeonlne�n eenln l r^ IP r•y II (e�{Iyt e.dNH� I ' FWt 1� 1 Ili it 11 1 ilt1111' i�l li :�Ii� II li� 1 Ill ll ( �I'II1 r E!,� I� �� II' �. p�PIO• NS RVD ,JLAIS OF MARTINSON & McKINZIE ; I I AP atFORDIMG COVERAGES INSURANCE AGENTS AND BROKERS P.O. BOX 1315 • 558-1525 It t e: ii 1111.LaIIZ-SII.S_i1LHi1Cl�. C -Q__ SANTA ANA, CALIFORNIA 92702 T 10- - -- Pacific National Insurance � ------�--�- - -------- 1 it q`f Toyo Landscaping .. f — ---------- 302 S. Newhope Santa Ana, Calif. 92704— ThlslstoCetifythal wfieies of insuraa a lis I l:a ew have barn esuectnt nsln• n 1 =a• 1 t rceatlhistime. Not. thstanding anyreeinremem t."o-m, on of any corn act or o ter document w.+ t-espa,i t which ons crr ricate r be u., el I i 11F mance attended by the policies descrnbec herein r t,,, cto ==I the terms, excll sions an I condrPons of s rh polios ^—-- ----r- - — — -_-- � - — --- - - - -- - - - -- Limits of Liability in Thousar de. Z dd --- COMPANY IEItCR TY OF N URAuik '(' - ��'Ir � I (' DATE Ii ,VE -- - - - - IRRENL` GENEPAL LIABILITY - - - - - - --- - Fs A AMP 14-93-34 1X7 CDMr :HEN_NE FRIT 5/7/84 Booav wwPv Nj PoW __S—OPER+4 ON 3 PROPERTY' DAMAGE � 5 C1 EAON AND :11 _1I' A HA/( ClBD UNDE" ROUND EA ARI- 1XI ROP[ TSCMHAE, AERO IT IN'BODILY lxj CON it CrUk Tot RAN 'F INJURY AND IROPERTI' DAMAGE $ lxj EHOAI FORM PROIFRiJ COMBINED 500, 500, DAM,S1 CINDIP' DENT CDM PA(A6s PFRS(^ VL INJURr PERSONAL INJUPY 5 AUTOMC BILE LIABILITY ecolLv INJURv FK (EACH PERSON) B COME, HENS VF (t,RM 714977 5/7/84 AC DEMI OwNF (FAC A FUR, D PROPERTY DAMAGE EODLLV IN PNp . NON CA VFD PROPERTY DAMAGE COMBINED500 EXCESS LIABILITYJ_ L1 UMBIPII A FORM BODILY INJURY AND t PROPERTY DAM AGE $ COT HF F 1 iAN UMPRE A COMBINED PORIA WORKERS' COMPENSATION -I STATUTORY and EMPLOY';;ERS' LIABILITY $ OTHER i J IPTION OF OPERAT ONSJLOCATIONSNEHICLES ,Ar V'NT' y C Landscape Gardening f A43 Cancellation: Should any of the above described policies b� cancelled before the expiration date thereof, the Issuing com- pany will endeavor to mall 10_ days writt: n notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or I a )ilrty Of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER City os Sanjuan Capistrano 32400 Paseo Adelanto Sanjuan Capistrano, Ca. 9 25 (1 79) DATE 675 0 0 32400 PASEO AAELANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHONE 493-1171 March 22, 1983 Toyo Landscaping Company 302 S. Newhope Street Santa Ana, California 92704 Re: Award of Contract - City Parkways Gentlemen: At their meeting of March 15, 1983, the City Council awarded the Landscape Maintenance Contract for City Parkways to your company at $30 444.00. Enclosed are two copies of the contract. Please sign and date both contracts and return the "City Copy" to this office along with all required bonds and insurance. The contract documents are to be executed by your company within 15 days of this notice. I am enclosing Pages 11, 18, 19, and 20 of the bid documents which cite the City's requirements for bond and insurance amounts. These requirements must be met as stated before the contract is effective. If I can be of any help to you, please do not hesitate to call. Thank you for your cooperation. MAH/na Enclosures cc: Green's Gardening Very truly yours, MARY ANN OVER, CM City Clerk Midori Gardens J & R Landscape Maintenance California Landscape Artistic Maintenance, Inc. Environmental Care Inc. The Soto Company Director of Public Works South Coast Landscape, Inc. �q� 32400 PASEO ADELANTO- LI SAN JUAIMAPISTRANO. CALIFORNIA 92675 ' PNON£443�117t March 3, 1982 Bestgreen P. 0. Box 2311 Laguna Hills, California 92653 Re: Gentlemen: Lands s Pursuant to your letter of request of March 3, 1983, the Cashiers' Checks Nos. 039029-3 and 039029-4 in the amounts of $4,968.00 and $15,840.00, respectively, drawn on the Union Federal Savings and Loan Association are hereby -returned to you. As you have been advised, the release of these bid bonds constitutes a forfeiture of your entire bid packages for the above projects, pursuant to the bid openings held on February 22, 1983. Thank you for submitting your bid to the City. Ver truly yours, MARY ANN HANOVER, CMC City Clerk MAH/cdc cc: Director of Public Works ry 18.77 r" Union Federal Savings 101510 3 9 0 2 {. 7220 and Loan Assoclauon _ _ _ 1275 Wm RtOCnOO 88r BOWmm • G., 4 . CA 90247 OATE —"--" E i rT r: hLr -_+ LlY!_1 tllir VQ ; LIV -•':Li .M.h _ t Rei ! v v rliV�� uc'�/ i vc1 DOLLARS $--i ;. f 3 2�I :'✓ li PAY TO THE ORDER OF . :KZ-% :,414Y (. ilbiY(7 'Morrm s1ONAT.Na Ntaul.tO ON c.=%3 OF taatO.00 on Mone X[/WOV RIIT[M ..N[�NO 011�a. YN�OM •RNR lW 1NY[l[t. CA�iIONNI. Iia LO 150390 29�!� �► i 2200077li: L050 16-77 Fr Union Federal' Savings 101510390203-r2-20 and Loan Associauon 1278 WET Rtdamcc BNON Bau1NUO . Gn . CA 90247 ""�" �fy ' V- �_� -=- J DA NiiiE HUNDiiED 131XTY E!5r r 4Z X iuu uuLlault4 E ...._.. _ - • _ -_ AND 00/100 DOLLARS faEi PAY TO THE C -ii L'.�' :fLF� ;;<.f:�N-Hrilnf+iVU ORDER OF . ltt� .itrrtirV Y, tf'!G!`MU •.ADDU.IIT\M td.[INO 0111CtYN�ON t1XR IW .XOtI.t. C/.li/OINK. na LO 1 Sn 39n 28ii? .i L Pr annn 177 Li- in SI M.NOWAl"IN 610NATVIll Rt=j REO ON CM(CRf OF f00p0.00 ON MC 2 2119 i n u n u 3 w n o� � q c � rt� C (D "6 C r+ K �: r rt H m w c y �'1 n w rr 0 M w a c v a r• m cr n w 0 �• rt K O rh SU 5 4 G w 0 n w �• m rt �S a 5 0 LANDSCAPE A IRRIGATION 0 0 P.O. BOX 2311, LAGUNA HILLS, CALIFORNIA 92653 (714) 770-1280 March 3, 1983 To: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Releasing a 10% bid bond for Landscape maintenance in city parks & parkways We(Bestgreen) are requesting to release a Casherls check was placed for 10% bid bond = Fifteen thousand eight hundred forty and no cents ($ 15,840.00) total proposal contract bid of $ 158,400.00 for Land- scape maintenance in city parks & parkways We understand that we no longer have any chances or completely out of this contract regarding in awarding. We thank you for the great opportunity which might benefit from our professional landscaping consultation. Sincerely, Danny Chung President DC: hhp 33 LANDSCAPE A IRRIGATION 0 0 P.O. BOX 2311, LAGUNA HILLS, CALIFORNIA 92653 (714) 770-12pp- March 3, 1983 To: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,CA 92675 Re: Releasing a 10% bid bond for Track landscape maintenance We(Bestgreen) are requesting to release a Cashier's check was placed for 10% bid bond - $ 4,900.00 total proposal contract bid of $ 49,000.00 for Track Landcsape Maintenance. We understand that we no longer have any chances or completely out of this contract regarding in awarding. We thank you for the great opportunity which might benefit from our professional landscaping consultation. Sincerely, l 'G i l�l�i Danny Ch g President DC:hhp 0 �.� T��/ww./� I i 11 Y i t A re y i�aoo rw�6e6le,o�{anraX'� SAN JIi.`WsCAP-tSTRARfO, CAIl,lFOFiN1A 92.675 '.' 'PNlTN 3970 17V December 13, 1984 Mr. Mike Ohshita Toyo Landscaping Company P.O. Box 2367 Garden Grove, California 92642-2367 Re: Release of Surety - Landscape Maintenance of City Parkways Dear Mr. Ohshita: I have been advised by the Public Works Department that Faithful Performance Bond No. SUR 05160, in the amount of $30,444.00, may now be released. Said bond was given to the City as surety for landscape maintenance in the City Parkways, which contract expired April, 1984. If you have any questions, please do not hesitate to call. MAH/cdc CC: Director of Public Works City Attorney Carlisle Insurance Company Very truly yours, MARY ANN iiNOVER, CMC City Clerk 1 MEMORANDUM E November 29, 1984 TO: John R. Shaw, City Attorney FROM: Cynthia S. Ferguson, Senior Administrative Assistant SUBJECT: Release of Bond Sureties - Toyo Landscaping It is currently City Policy to hold onto Landscape Maintenance bonds for one year after the contract expires. For most City contracts, this action would seem appropriate, however, with landscape maintenance once a new contractor has accepted the job his efforts have an immediate impact upon the areas to be maintained. As you recall, we have previously discussed the possibility of reducing bonding requirements in this program as they do appear to be somewhat excessive. I have had recent contact by one of our contractors requesting an early release on his bonds for past work. Toyo Landscaping would like the City to release his bonds for the work which Landscape West took over. As this is a special situation where we are under litigation with Landscape West for damages, there would be no implications that could affect Toyo. Consequently, would it be possible to release their bonds now instead of in April. It should also be noted that in the walk-through at the time of transfering contracts from Toyo to Landscape West, all work was determined as acceptable. Please advise me as to what action you would deem appropriate. CSF:ol June 5, 1984 Mr. Mike Ohshita Toyo Landscaping Company P.O. Box 2367 Garden Grove, California 92642-2367 Re: Release of Surety - Landsca Dear Mr. Ohshita: In regard to your request for the release of the sureties given to the City for the Landscape Maintenance Contract for City Parkways, which expired on April 1, 1984, per the specifications of the Contract, the Payment Bond (Labor and Materials Bond) may be released now. The Faithful Performance Bond, per the specifications, is to be held as assurance of guaranteed performance for a period of one year after acceptance of the improvements by the City Council. The one-year period would end on April 1, 1985, at which time this project will be reviewed by Public Works and, if no problems have arisen in the one-year period, you will then be notified that the Faithful Performance Bond may then be released. For your information, I am enclosing Page 17 of the specifications in which this is stated. If you have any questions, please do not hesitate to call. Ve�ly yours MAiRY ANN ANOVER, CMC City Clerk MAH/cdc cc: Carlisle Insurance Company Cindy Ferguson, Public Works Department n , U400 P#*Kd AJD"A1440^ .. SAN JIfiPC'N; C*44FOA11A 92675 AptSTRA", ., PHCYN$'49501 7)' a� x June 5, 1984 Mr. Mike Ohshita Toyo Landscaping Company P.O. Box 2367 Garden Grove, California 92642-2367 Re: Release of Surety - Landsca Dear Mr. Ohshita: In regard to your request for the release of the sureties given to the City for the Landscape Maintenance Contract for City Parkways, which expired on April 1, 1984, per the specifications of the Contract, the Payment Bond (Labor and Materials Bond) may be released now. The Faithful Performance Bond, per the specifications, is to be held as assurance of guaranteed performance for a period of one year after acceptance of the improvements by the City Council. The one-year period would end on April 1, 1985, at which time this project will be reviewed by Public Works and, if no problems have arisen in the one-year period, you will then be notified that the Faithful Performance Bond may then be released. For your information, I am enclosing Page 17 of the specifications in which this is stated. If you have any questions, please do not hesitate to call. Ve�ly yours MAiRY ANN ANOVER, CMC City Clerk MAH/cdc cc: Carlisle Insurance Company Cindy Ferguson, Public Works Department The contractor shall perform his work in accordance with the Standard Snr.ci°icaticnc for pub'_ic tdcrls Ccnstr-ct— n, 1979 Edition, nere.na.ter recerred to as the Stancara r'zecicicazions. The contractor shall maintain a copy of this book on the job site at all times. The provisions of the Standard Specifica- tions shall be modified as indicated below: Change 1: "Section 2-4 - contract Bonds" The "Payment Bond" (Material and Labor Bond) shall be in the amount of 100 percent of contract price. The --�•Faithful perfarmance sand" shall be held as assurance of guaranteed performance for a period of one year after acceptance of the improvements by the City Council. Change 2: "Liability Insurance" The amounts and provisions of insurance are modified to be: Bodily Injury $ 500,000 each person Bodily Injury $ 1,000,000 each accident Bodily Injury $ 1,000,000 aggregate products Property Damage S 500,000 each accident Property Damage $ 500,000 aggregate onerations Property Damage S 500,000 aggrecate protection. Property Damaee $ 500,000 aggregate products Property'Damage $ 500,00.0 aggregate contractual The contractor shall likewise obtain public liability and property damage insurance to cover vehicles used or main- tained by him, whether on or off the premises, with liability limits of not less than $500,000, for any one person, and $500,000, for any one accident, and property damage of $500,000.. The insurance amounts set forth herein are the minimum amounts required by the City. Other agencies with which the contractor may be involved in the accomplishment of the work may require greater amounts. The City will not recognize anv claim for additional ccm- Pensition bccausc of the requirement for greater amounts ..of insurance, as an element to be considered by the car - tractor in determining his bid. MEMORANDUM TO: Cindy Ferguson, Public Works Department FROM: Cathy DuCoing, City Clerk's Department DATE: June 5, 1984 SUBJECT: Release of Surety - Toyo Landscaping I received a request from Mike Ohshita of Toyo Landscaping in regard to the release of the sureties given to the City for the Landscape Maintenance Contract for City Parkways which expired April 1, 1984. Page No. 17 of the specifications states that "The 'Faithful Performance Bond' shall be held as assurance of guaranteed performance for a period of one year after acceptance of the improvements by the City Council." If you agree with this, I will write a letter to Mr. Ohshita letting him know that the Payment Bond (Labor & Materials) may be released now, but that the Faithful Performance bond must be kept in force until April 1, 1985. Should it be stated that the April 1st date is an automatic release or will further action be necessary? Thank you. cdc �14 �� qo 4t ti���5 WIN PROJECT TITLE PROJECT ENGINEER PRE BID DATE BID OPENING D ENGINEER'S ES.... .. PURCHASE COST CDC) MAIL COST a . C)b _ PLANS AND SPECIFICATIONS " i 446LA "I o ox og 6 43 -cg 1 �f I x y+ 70 n �J aw) a las - 1_ (� n S Qfia 9 :� -7o4 --7-7�kZ- 1 x-13_-��� PROJECT TITLE PROJECT ENGINEER PLANS AND SPECIFICATIONS PRE BID DATE \,-x-kh BID OPENING DATE0 11,�._�stiu�. a:Lr�.on M ENGINEER'S ESTIMATE . PURCHASE COST $.�-).00 MAIL COST 4, .60 `E'�Ce.CatC.WCe ADDRESS PHO Jill _M...1MftmWA .'A_ . X17, In VIA mommsm We— Y 1• I �I PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER -1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 Determination: S-8339:: Issue date: February 4, 1983 Craft: Landscape Maintenance Laborer Project: This prevailing wage determination is being issued pursuant to the request by the City of San Juan Capistrano of January 24, 1963 for landscape maintenance in Tracts 7673, 8485, 9382, 9284, 9373, 7654, and in various city parks and parkway areas. This wage determination applies only to the public works project(s) for which it requested. Wage rate Basic straight -time Classification hourly rate Landscape Maintenance Laborers $4.00 Applies only to landscape maintenance, including but not limited to mowing, watering, pruning, trimming, weeding, spraying, occasional planting and replacement of plants, servicing of irrigation and sprinkler systems, repairing of equipment used in such landscape maintenance, and performing janitorial work incidental to such landscape maintenance. This does not apply to the work of a landscape laborer employed on landscape construction (work incidental to construction or post -construction maintenance during the plant installation and establishment period). Employer payment (Labor Code Section 1773.1) Paid Vacation: One week after one year of service or 8¢ per hour; 2 weeks after 3 years or 15¢ per hour. Holidays: Six paid holidays per year or 9¢ per hour. Overtime: Pursuant to Section 1815 of the Labor Code, "work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compen- sation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay." Recognized holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.