1981-0303_TOYO LANDSCAPE CO_AgreementCITY COPY
A G R E E M E N T
LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF
VARIOUS PARKSI.TES
THIS AGREEMENT is made and entered into this 3rd day of
March , 1981 , between the City of San Juan
Capistrano, hereinafter referred to as "CITY" andTovo
Landscaj�e , hereinafter referred to as "CONTRACTOR" for
landscape maintenance of specified portions of various
parksites. 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
16thday of March 1981 , and shall remain and continue
n 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 PARKSITES
TOTAL MONTHLY COSTS $ 2,750.00
TOTAL ANNUAL COSTS $ 33,000.00
Payment for any extra work directed by CITY shall be the
actual cost of labor plus wholesale cost of material plus 20
percent.
Monthly payments to CONTRACTOR will be made on the regular
day for payment of City bills by the City Treasurer. CONTRACTOR
shall submit detailed invoices with back-up vouchers for all
charges other than monthly costs for item above.
At the sole discretion of the Director of Public Works,
additions or deletions may be made to this agreement which may
result in an increase or decrease in the areas and acreage to
be maintained. Such changes will be submitted to CONTRACTOR in
writing and shall be identified as addendums to this agreement.
The affected areas will be classified, measured, and priced in
accordance with the unit costs specified above.
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SECTION 4. grNL•'RAL PROVISTONS: Geneel provisions for the:
work, to be performed are contained herein and are made a part of this
agreement by reference.
SECTION 5. EQUIPMENT, LADOR AND PP.EVAILING WAGES:
CONTRACTOR shall use and iuinish at his own expense gill labor and equip-
ment ncceo-,sary for the satisfactory performance of the wort: set- forth
in this contract.
Eight hours constitutes a legal day's work. The time worked by
each workman employed in the execution of: the agreement: by CONTRACTOR or
any subcontractor tinder him is limited and restricted to eight hours in
any one calendar clay and 40 hours in any one calendar week. Work per-
formed in excess of eight: lours per clay shall be permitted upon compen-
sation at not less than one and one half times the basic rate of pay as
provided in Section 1815, California Labor Code.
THE CON''THi1CTOR and all subcontractors shall keep accurate
records showing the name and hours worked each calendar day and calendar
week by each workman in accordance with Section 1812, California Labor
Cdde.
.In the performance of the terms of the Agreement, CONTRACTOR
'agrees that he will not engage in nor permit such subcontractors as he
may employ from engaging in discrimination in employment of persons
because of race, color, national origin, ancestry, or religion.
Pursuant to Section 1771 of the Labor Code, COT.TRACTOR is
required to pay the general prevailing rate of per diem wages for each
laborer or workman performing any work under this contract.
SECTION G. CONTROL OF t:OP.K: The Director of Public Works,
or his authorized representatives, shall decide all questions �-.hich n,, --y
arise as to the manner of performance and rate of progress of the work;
all questions as to the acceptable fulfillment of the contract on the Part
of the CONTP,ACTOR; all questions as to the interpretation of the
specifications; and all questions as to compensation. His decision
shall be final and he shall have authority to enforce and make effective
such decisions. i•:hcn condition of a maintained area is determined by
Director to be substandard duc to inadequate or improper maintcnance,
monthly pay;ncnt may be withheld until such condition is resolved to the
satisfacticlt of the Director..
SECTION 7. PROSECUTION OF WOPK: The CONTRICTOP. shall bogin
maintai.ninq landscaping 1•:it.11in if Leen (15j cklys; after the execution of
the agreomolit: by the CITY and shall diligently prosecute the same until
the ternl.inaLion o the agreement.
SrCTION B. CONTRACT TIIONDS: Prior to tho date of execution
of this; agrooluont bya.1C'i'01; ::h.:ll dept.::.it with the CITY a
surely bonkt to :;ccure the faithful PorCormance of this contract an(i a
scp ratc bond to aec•urr, p:lym—nt of per:,ons perfor.minq labn.r and furnir;h.ing
U311.1torial:: in ccvulnction with this: contract, rich bond shall be in tho
amount of not: ler;sc th;J11 Onc• Hundred farcent ()00';.) of the arlounl. of this
coat rac'L.
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The contractor shall perform his work in accordance with the .
Standard Specifications for Public Works Construction, 1979
Edition, hereinafter referred to as the Standard Soecifications.
T e 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 $ 1,000,000 aggregate products
Property Damage $ 500,000 each accident
Property Damage $ 500,000 aggregate operations
Property Damage $ 500,000 aggregate protection
Property Damage $ 500,000 aggregate products
Property Damage $ 500,000 aggregate contractual
The contractor shall likewise obtain public liability and
property damage insurance to cover vehicles used or 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.
-14-
SECTION 11. SAFP;TY: CONTP?.CTOR 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 premie..os and lays at all times, including safely stored equip,:ent,
machines, materials or debris, protec Led excavations, or other hc.zal-Cis
consequenL-ial. or related to his work; and agrees additionally to accept
the sole responsibility for complying with all applicable local, County,
State or other legal requirements including but not limited to full
compliance with the intents and terms of the applicable OSHA and Cal;
OS11A safety orders at all times, so as to protect all persons, including
CONTRI.CTOR employees, agents of CITY, vendors, members of the public
E or others from foreseeable injury, or damage to their property.
Crimes, thefts, vandali.srls, hazards, etc. shall be initially
reported by phone followed by confirmation in writing to the Director
of Public Works or his representatives.
SECTION 12. INDEMNITY PROVISION: The CONTRACTOR shall be
responsible from the time of the beginning of operations, for all
injury or damage of any kind resulting from said operations to persons
or property regardless of who rlay be the owner of the property. In
addition to the liability imposed upon the CONTPACT01,, on account of
personal injury (including dcaatll) or property damage suffered through
the CO:NTIAC'1'0h'S negligence, which liability is not impaired or Other-
wise irfcctcd heroundcr, the CONTRACTOR assumes the obligation to save
the CITY harmlcns and to .inccmnify Lhe CITY from every exprnse, liab'.lit,,
Daymcntt arising out of or through injury (including death) to ally
per::c,a rr i or5:on5- or damage to property (regardless of who maty be the
Owller Of the hi:OP-- t.`j) Gf any place.. In which work is loco Led, arising
oat of or suf Bred through a:t- act or omission of the CONTkACI'OR or
any subc.nitr:,C:Lol' or anyone: directly or i.nclirecLly employed by or unclor
the nu;x•rvi:don of on}• of them in the i rosr:.ution of the.
includ.d in this: contract.
SECTION 13. CONTRACT EXTENSION: In the event CONTRACTOR
has fully complied with all terms and conditions of this contract, as
determined in the sole discretion of CITY'S Director of Public Works,
CONTRACTOR may request that the duration of this contract be extended
for successive periods of twelve months. CONTRACTOR shall submit his
request in writing to the Director of Public Works at least 30 calen-
dar days prior to the date on which the contract or an extension
thereof would otherwise have terminated. In no event shall the total
term of this contract, including all extensions, exceed 36 months.
SECTION 14. CONTRACT TERMINATION: Any other provisions
herein to the contrary notwithstanding, and in addition to other
methods of termination provided for herein or available under the
laws of the State of California, it is agreed that this Agreement
shall terminate sixty (60) days after written notice of intent to
terminate which may be given by either party to the other party of
the Agreement.
SECTION 15. NOTICES: Any written notices to the parties
hereto shall be sufficient i they are deposited in the United States
mail in envelopes, postage prepaid by registered or certified mail,
addressed as follows:
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
SECTION 16. ASSIGNMENT: CONTRACTOR may not assign this
Agreement without prior consent and approval of CITY.
SECTION 17. LICENSING REQUIREMENTS: CONTRACTOR is
required to possess either a valid C-27 Landscape Maintenance License
or a valid Class A Contractor's License. In addition, CONTRACTOR must
possess a Pest Control Advisor's License and a Pest Control Operator's
License or must subcontract pest control requirements to a licensed
contractor.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement at San Juan Capistrano, California, the day and year first
above written.
CITY O SAN JUAN CA TRANO
By
GARY L. HAUSDORFER,MA R
Dated: 3��p.%��
Toyo Landscape
By
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ATTEST:
NAW'I'm
•
APPROVED AS TO FORM:
JAMES S. OKAZAKI, CITY ATTORNEY
STATE 'OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of the Agreement for Maintenance of Land-
scaping in various parksites executed by
the Mayor of the City Council of the City of San Juan Capistrano,
California.
]MARY ANN ANOVER, CITY CLERK
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0
'ADDITIONAL
AGENDA ITEM
April 6, 1982
TO: Stephen B. Julian, City Manager
11
FROM: W. D. Murphy, Director of Public Works
SUBJECT: City Parks and Parkways Landscape Maintenance -
Toyo Landscaping Company Contract
SITUATION
The current agreement for landscape maintenance of City parks and
parkways provides for the contractor to request extension of the
contract on a year to year basis through the Director of Public Works.
The present contractor, Toyo Landscaping Company, has submitted such a
letter and would request an increase of 6% to cover anticipated labor
and material costs.
Staff has been satisfied with the performance of Toyo over the year
and would be in support of extending their contract for another 12
month period. The increase in costs also appears to be appropriate.
This extension would be only for the six City parks and parkways which
were under this contract. The Landscape Maintenance Districts were
not part of this agreement and have been re -bid.
FINANCIAL CONSIDERATIONS
The proposed increase will result in an additional $165.00 per month
for the six parks and $143.00 per month for various City parkways.
This cost will be from the General Fund and assessed the Public Works
Maintenance, Specialized Services Account. The 1982-83 budget will
reflect this increase.
ALTERNATE ACTIONS
1. Approve the one year extension as of April 1, 1982 of the Toyo
Landscape Maintenance Contract for various City parks and park-
ways and the 6% increase in costs.
2. Do not approve the extension or increase.
3. Refer to staff for additional information.
RECOMMENDATION
By motion, approve the one year extension as of April 1, 1982 of the
Toyo Landscape Maintenance Contract for various City parks and park-
ways and the 6% increase in costs. Authorize the Mayor and City
Clerk to execute the appropriate documents.
Respectfully submitted,
W. D. Murp y
WDM:CSF/rem
Abb/'17'oAmL_ 46 6v
.LTEAJ
TOYO LANDSCAPING COMPANY
302 S. NEVMOPE, SANTA ANA, CALIFORNIA 92704
(714) 775-7768
March 4,1982
City of San Juan Capistrano
32400 Paseo Adlanto
San Juan Capistrano, California 92675
Dear Mr. Murphy:
As you are aware our contracts for maintenance at various parks
on P.O.# 5260 and various city parkways on P.O.# 5268 will expire
on March 15, 1982.
Concerning these contracts, we have talked with your office about
a month ago and have received response that they can be renewed
for another year for a price to be negotiated.
We would like to have an increase of about 6% over the present
contract to cover the anticipated increase for labor and material
for the caning year. We feel this is a very conservative figure
but are flexable to your assesment on this matter.
Proposed increase will be $165.00 per month ($2915.00) on P.O45260
for the six parks excluding Tracts #9382,9284,9373 and 7654. The
proposed increase will be $145.00 ($2590.00) on P.O.# 5268 for
various city parkways and the median strip excluding Tracts #8485
and 7673.
Hoping for an early and favorable reply. � / Z
U
Respectfully yours,
Francis Ohsfiita� ( � �loc- j -CAD&q S S 'r
1
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CC j'� �
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CIL)
C.
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C',�'l�
PARKS
0 0
REQUESTED EXTENSION AND INCREASE
TOYO LANDSCAPING - PARKS AND PARKWAYS
Mission Bell
Descanso
C. Russell Cook (Del Campo)
Mini Park
Junipero Serra
E1 Camino Real
1981-82 1982-82 (Proposed)
$2,750/mo. $2,915/mo.
($165 increase)
PARKWAYS $2,385/mo. $2,528/mo.
($143 increase)
See attached list of 12 areas
a0
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.
S. 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 1,5001; 57 Liquid Ambers (water truck required);
weed control.
San Juan Creek Road between Camino Capistrano and freeway
overcrossing; 14 Sycamores (water truck required); weed
control.
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.
8. Cristal at Ortega Highway; 20 Sycamores.
Ortega Highway at Cristal; 43 trees and ground covet
(manually controlled irrigation system).
9.Calle Arroyo, south side of street from Sund• a 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, north east 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.
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.
Minimum water truck capacity of 500 gallons is required.
TOTAL ANNUAL COSTS $
Further, the undersigned bidder certifies that he has
thoroughly checked the figures set forth in this proposal,
that they are correct to the best of his knowledge and that
they constitute his proposal for the work called out herein.
Signature of Bidder
Address
Telephone Number
*Revised from 2/25/81 proposal.
AGENDA ITEM March 3, 1981
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Award of Contracts for Landscape Maintenance -
Mission Bell, Descanso, Cook, Mini, Junipero Serra,
& E1 Camino Real Parks
Various Parkway Areas and Tracts 7673, 8485, 9382,
9284, 9373 and 7654
SITUATION
Following Council direction, bids for City Landscape Maintenance
were opened on February 25, 1981. The three Proposals were for
various City parks, various City parkways, and individual Landscape
Maintenance Districts.
The bids for parks were as follows:
Toyo Landscaping $33,000 annually
Transcontinental Factors 39,200 of
Parkway bids were submitted as:
Transcontinental Factors $14,200 "
South Coast Gardening 19,800 "
Green's Landscaping 21,420 "
Toyo Landscaping 28,620
Individual Districts' bids were as follows:
Tract 7673
South Coast Gardening
$8,880
annually
Toyo Landscaping
6,000
Transcontinental Factors
4,800
"
Tract 8485
South Coast Gardening
7,800
"
Toyo Landscaping
6,600
"
Transcontinental Factors
4,800
"
Tract 9382
South Coast Gardening
17,160
Toyo Landscaping
12,000
Transcontinental Factors
15,600
Tract 9284
South Coast Gardening
No bid
Toyo Landscaping
6,780
"
Transcontinental Factors
10,200
"
Tract 9373 South Coast Gardening No bid "
Toyo Landscaping 14,400 "
Transcontinental Factors 14,400 "
AGFNr)A #3
Award of Contracts for Landscape Maintenance
March 3, 1981
Page 2
Tract 7654 South Coast Gardening $ No bid
Toyo Landscaping 12,600 annually
Transcontinental Factors 19,896 "
All districts and narks bids have been reviewed and determined to be
acceptable. However, due to an oversight in bid preparation, a
section of parkway requiring maintenance was inadvertently omitted.
As this is a substantial amount of area involved and considering the
number of interested bidders, a re -bid of this contract would be the
most equitable and effective way to obtain contractual services.
FINANCIAL CONSIDERATIONS
Those monies associated with the maintenance of various City parks
and parkways are budgeted in the Public Works Maintenance Account
#213. The financial expense required for contractual services and
the administration of the Landscape Maintenance Districts is assessed
the homeowners of each tract through County tax rolls.
ALTERNATE ACTIONS
1. Accept the bids for City Landscape Maintenance Districts and
specified City parks as complete as submitted and award the contracts
to the low bidders.
2. Reject all bids and direct staff to readvertise for bids.
3. Refer back to staff for additional information.
RECOMMENDATION
By motion, accept the bids for City Landscape Maintenance Districts and
specified City parks as complete as submitted and award the contracts
to the low bidders as follows: Landscape maintenance of various City
parks to Toyo Landscaping for $33,000 annually; Landscape Maintenance
of Districts 7673 and 8485 for $4,800 annually per tract to Trans-
continental Factors; and for Districts 9382, 9284,9373 and 7654 to
Toyo Landscaping for $12,000 annually, $6,780 annually, $14,400 annually,
and $12,600 annually, respectively. Authorize the Mayor and City Clerk
to execute the documents. Additionally, reject the bids for Landscape
Maintenance of various City parkways and authorize staff to re -advertise
for bids.
Respectfully submitted,
W. D. Murp
WDM:CSF/rem
. (SAMI'LL•')
i F C F !V s: DFAVI FUL PERFOfu vWE LORD
Premium Included
BOND NO. 008352
Mar 21' P14'81
ji�Y 4LI, MIEN BY THESE PRESENTS: That
A'1E 5t, The City of San Juan Capistrano, a municipal corporation
of Orang "Count�y,'California, has awarded to TOYO LANDSCAPING COMPANY ,
License No. , hereinafter designated as "Principal," a con-
tract for LANDSCAPE MAINTENANCE OF SPECIFIED PORTIONS -VARIOUS PARKSTTF..S; and
WHEREAS, said Principal is required under the terms of said
contract to furnish a bond for the faithful performance of said contract.
NOW THEREFORE we, TOYO LANDSCAPING COMPANY , as Principal,
and SURETY INSURANCE COMPANY OF -CALIFORNIA , as surety, are held and firmly
bound unto the City of San Juan Capistrano, a municipal corporation of
Orange County, California, in the penal sum of THIRTY-THREE THOUSAND AND
N9/100 --------------DOLLARS ($�,nnn nn ) lawful money of the United
States of America, for payment of which sum, well and truly to be made,
we bind ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
TIIE CONDITION OF TRIS OBLIGATION is such that, if the hereby
bounden Principal, his or its heirs, executors, administrators, succes-
sors.or assigns, shall in all things stand to and abide by and well and
truly keep and perform all the undertakings, terms, covenants, conditions,
and agreements in the said contract and any alteration thereof, made as
therein provided, all within the time and manner therein designated and in
all respects accordi.ng to their true intent and meaning, then this obli-
gation. shall become null and void, otherwise it shall be and remain in full
force and virtue.
FURTHER, the said surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or modification
of the contract documents or of the work to be performed thereunder,
.shall in any way affect its obligations or this bond, and it does hereby
waive notice of anv such rhai;
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
Onthis .......................... 23.rd ................. _day of...._......._.....____ ....._........._...__-----__.__., 19..81 _....._.. before me
JANICE MCDANIEL
personallycame ._.._......._...___...._._._.__..._.__..._._...._.._......._......__....._......_...____.___...___...._...__._..----............_._....
to be known, who being by me duly sworn, did depose and say: that he is Attorney -in -Fact of
Surety Insurance Company of California, the Corporation described in and which executed the
foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by authority granted to him in accor-
dance with the By -Laws of the said Corporation, and that he signed his name thereto by like
authority. ?
t OFFICIAL SEAL
}fis Notary Public -California
PATRICIA AMIEL
ORANGE COUNTY
My Commission E.ybOs May 18, 1984
5100-02
.(Notat.a.ry y ub..... ..lic....... . ......._..
P)
f 'RM Ddl01a CI1d Serve SuIeW" surety .insurance Company of California
HOME OFFICE IN LA HABRA, CALIFORNIA
Box 2430
La Habra, California 90631
CERTIFIED COPY OF POWER OF ATTORNEY
vKnow all men Ly t4ese Presents.- That Surety Insurance Company of California, a California Corporation, hav-
ing its principal Office in the City of La Habra, County of Orange, State of California, pursuant to the following By -Lavas
which were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to -wit:
"Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys -In -Fact. and authorize
them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writ-
ings 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."
Has made, constituted and appointed and by these presents does make, constitute and appoint
_Janice...McDaniel..........................................of Fullerton, California
..._.... ........................_....... .....................
its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as
its set and deed, all of the following classes of documents, to wit:
Indemnity, Surety and Undertakings that may be desired by contract, or may be
given in any action or proceeding in any court of law or equity; policies indemnifying
employers against loss or damage caused by the misconduct of their employees, official
surety and fidelity bonds.
THIS POWER OF ATTORNEY IS VALID ONLY FOR A BOND OR UNDERTAK-
ING- EXECUTED PRIOR TO DECEMBER 31, 1981
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly
elected officers of the Company at its office in La Habra, California in their own proper persons.
IN SS3,F TER/pI Surety Insurance Company of California has caused these presents to be signed by its duly
au ri"9ff''a N'it�a rporate seal to be hereunto affixed this ... .th..... -_.-day of.....December_._.__._. 19. 80,
CyJ: f
� SURETY INSURANCE COMPANY OF CALIFORNIA
INCORPORATED
vi JAN. 31. 1969 d By --- - ...... ........
John F. Merrill
President
STA COAF11 1
S SS:
On this_S. Nay of December A.D. 19..8 0...., before the subscriber, a Notary Public of the State of
he C
California. in and for tounty of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY
INSURANCE CODIPAN'Y OF CALIFORNIA, to me personally known to be the individual and officer described in, and
who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn,
deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru-
ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed
and subscribed to the said instrument by the authority and direction of the said Corporation, and that Article IV, Section
7(b) of the By -Laws of said Company, referred to in the preceding instrument, is now in force,
IN TESMION'Y WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the
day and year fist above writter-
..__._// -_���:r�`�;:�'. a°' - S�` oTn AIR A7�1.1
OPFI LLIND DLinda R. Davis Notary Public av aucuc -cORANGE COUN
rly comm. expires SEP 25, 1994
CERTIFICATION
I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that
the Power of Attorney remains in full force and effect, and has not been revoked; and furthermore that Article IV, Section
7(b) By -Laws of said company as set forth in said Power of Attorney, are now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company
this. 2 Oday of ...... MARCH ........ ........19$.1......-.
(SEAL)
560-05-04 (Rev. 12-80)
Secretary
. (SAMPLE) • Premium Included
'BOND NO. 008352
LABOR AND MATERIAL BOND
KNOW ALL MEN BY TIIESE PRESENTS: That
WHEREAS, the City of San Juan Capistrano, a municipal
corporation of Orange County, California, has awarded to TOYO
LANDSCAPING COMPANY License No. ,
hereinafter designated as "Principal," a contract for LANDSCAPE
MAINTENANCE OF SPECIFIED PORTIONS -VARIOUS PARKSITES ; and
WHEREAS, said Principal is required to, furnish a bond in
connection with the said contract providing that if said Principal.,
or any of his or its sub -contractors, shall fail to pay for any
materials, provisions, provender or other supplies or teams used
in, upon, for or about the performance of the work contracted to
be done, or for any work or labor done thereon of any kind, the
surety or this bond will pay the same.
NOW, THEREFORE,•we TOYO LANDSCAPING COMPANY ,
Principal, and SURETY INSURANCE COMPANY OF CALTFnRNTA , as surety
are held firmly bound unto the City of San Juan Capistrano, a
municipal corporation, in the penal sum of THIRTY-THREE THOUSANn
ANDNO/100-----DOLLARS ($ 33,000.00 ), lawful money of the
United States of America, for payment of which sum well and truly
to be made we bind ourselves, our heirs, executors, administrators
and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if said
Principal, his or its heirs, executors, administrators, successors
or assigns, or sub -contractors, shall fail to pay for any materials,
provisions, provender, or teams, or other supplies or equipment
used in, upon, for or about the perforrance of the work contracted
to be done, or for any work or labor dcne thereon of any kind, or
for amounts due under the Unemployment Insurance Act with respect
to such work or labor as required by the provisions of Title 1,
Division 5, Ch:.pter 3 of the Government Code of California as
amended, that the surety will pay for the same in an amount not
exceeding the sum specified in this bond and also in case suit is
brought upon the bond, a reasonable attorney's fee to be fixed
by the court. This bond shall inure to the benefit of any and
all persons, companies and corporations entitled to file claims
under said act, so as to rive a right of action to them or thei_
assigns in any suit brought upon this bond.
FURTHER, the said surety, for value received, hereby
stipulates and agrees that no chanp,b, extension of time, altera-
tion or modification of the contract documents or of the work to
be performed thereunder shall in any way affect its obligation on
this bond and iL does hereby waive notice of any such change, ex-
tonsion of time, alteration or modification of the contract documents
or of work to lie performed thereunder.
-20-
SIGNED, SEALED ABED DATED THIS 17th DAY OF MARDI , 19 81 .
STATE OF CALIFORNIA
COUNTY OF ORANGE
Onthis ............................. .2.3zd............... .day of. .................. .... MEM ..... _............ __..._.__.__., 19...al.......__. before me
personally came ............ _.._.__. JANICE MCLIANIEL _...._..._._._._.
to be known, who being by me duly sworn, did depose and say: that he is Attorney -in -Fact of
Surety Insurance Company of California, the Corporation described in and which executed the
foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by authority granted to him in accor-
dance with the By -Laws of the said Corporation, and that he signed his name thereto by like
authority.
DMCIAL SEAL
Notary Public-Calitornis
PATRICIA AMIEL
ORANGE COUNTY.............. ...._.. .. ... ....... ...._
My Commission Ex9Uas May I8. 1984 (Notary. Public)
5100-02
`IM f?WIaR CRd Seroe Solely" surety .insurance Company o f California
HOilE OFFICE IN LA HABRA, CALIFORNIA
Box 2430
La Habra, California 90631
CERTIFIED COPY OF POWER OF ATTORNEY 3119
� now of/:nen 6xy t4ese Presents: That Surety Insurance Company of California, a California Corporation, hav-
ing its principal Office in the City of La Habra, County of Orange, State of California, pursuant to the following By -Lavas
which were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to -wit:
"Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys -In -Fact, and authorize
them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writ-
ings 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."
Has made, constituted and appointed and by these presents does make, constitute and appoint
Janice McDaniel Fullerton, California
._.-......_.----...-.__............................................._...-.....-...-............._-...of._...._......_..................__..........____._......._.._
its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as
W3 act and deed, all of the following classes of documents, to wit:
Indemnity, Surety and Undertakings that may be desired by contract, or may be
given in any action or proceeding in any court of law or equity; policies indemnifying
employers against loss or damage caused by the misconduct of their employees, official
surety and fidelity bonds.
THIS POWER OF ATTORNEY IS VALID ONLY FOR A BOND OR UNDERTAK-
ING EXECUTED PRIOR TO DECEMBER 31, 1981
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly
elected officers of the Company at its office in La Habra, California in their own proper persons.
INCC�
Surety Insurance Company of California has caused these presents to be signed by its duly
81
aporate seal to be hereunto affixed this ........$th......_._day of._..Decem)Jer 19.--.nSURETY INSURANCE COi♦IPANY OF CALIFORNIA
001,
mBr --------- -- _ ....... .00OA Sohn F. Merrill
President
S1
V SS:
On this.$t•'day of ,_December A.D. 19.. 8.Q...., before the subscriber, a Notary Public of the State of
California. in and for the County of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY
"�SURANCE COMPANY OF CALIFORNIA, to me personally known to be the individual and officer described in, and
who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn,
deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru-
ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed
and subscribed to the said instrument by the authority and direction of the said Corporation, and that Article IV, Section
7(b) of the By -Laws of said Company, referred to in the preceding instrument, is now in force.
IN TES=IONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the
day and year fist above written.
.......................
L...NotarY ........ Public
OI'FiC1A�
Linda R. Davis oennc "+ly
IAy comm. expires SEP 25, 1954_';1
CERTIFICATION
I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that
the Power of Attorney remains in full force and effect, and has not been revoked; and furthermore that Article n, Section
7(b) By -Laws of said company as set forth in said Poker of Attorney, are now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company
this.23,rOday of....... .. MARCH ........................ 15 ...81.
(SEAL)
560-05-04 (Rev. 12-80)
Secretary
L2:0 0 R [Vi e —
f gNDSC/�AE MIF�+vr�uaN - VAR�ouS pPZRK�ITES _
BIDDER
AMOUNT
ro y'e,'
33, =-
s ce - 0
3 q,
•
For the:
BID PROPOSAL
Bid opening
Maintenance of Landscaping in
Various Parksites
To the Honorable City Council
City of San Juan Capistrano
Gentlemen:
From To* LPm.P5c q P1 i./4 (.d
/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 DarksitPs
in 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 thebasis of corrected totals.
It is also understood by Bidder that the City of San Juan Cap-
istrano has the right to reject this proposal or to award a
contract to the undersigned at the prices stipulated. If the
proposal is rejected, then the enclosed check or bid bond shall be
returned to the undersigned within thirty (30) days. If the pro-
posal is accepted and the undersigned fails to enter into a contract
within fifteen (15) days after the agreement is delivered to him
for signature, or within such further time as may be granted by
the City Council, then said check shall be cashed or said bond
declared forfeit and an amount equal to the difference between
the lowest bid and the next lowest bidder who will execute a
contract shall be paid into the treasury of the City of San Juan
Capistrano as liquidated damages for the failure of the undersigned
tb comply with the terms of this proposal.
Accompanying this proposal is OIA0, (insert
"S 6° cash", "cashier s check", 'certified check",
or ''dder's bond" as the case may.bc) in an amount equal to at
least ten percent (10Z) of the total bid.
-3-
C
The following is the name and place of business of the surety
company which will furnish the required bonds as surety if the
work •s awarded to the undersigned:
4"6. �
P.0 2f3o
1-& F{ des.-, C�- . /fu
Licenced in accordance with an act providingfor the registration
of contractors - - License No. C-21 L3g0
Signature of bidder:
(If an individual, so state. If a firm or co -partnership, state
the firm name and give the names of all individual co-partners
composing the firm: President, secretary, treasurer and
manager thereof.)
Dated: 2' �'� 1� rr
ZZf j Al"yA- � 4;, Ce yL70 50C
Business addre s
-4-
-71,7-1 / 7s-- q�
Telephone
1]
PARKSITES
0
1. Mission Bell Park - 2.8 acres, west side of Alipaz Street,
north of Calle Jardin; 30 trees and grass; automatic
sprinkler system.
2. Descanso Park - 1.0 acres at the confluence of Trabuco
and San Juan Creeks; under landscape care; automatic irri-
gation controls (City will maintain restrooms).
3. 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.
4. Mini Park - .3 acres located at Yorba and Camino Capistrano;
crushed rock ground cover; manual irrigation.
5. Junipero Serra - 3.75 acres located at Calle Santa Rosalia
and Calle Bonita; automatic irrigation.
6. E1 Camino Real Park - 4.5 acres located on Camino Capistrano
from La Zanja to Calle Chueca; automatic irrigation (City
will maintain restrooms).
TOTAL ACRES: 13.85
? 0
TOTAL ANNUAL COSTS $ J 3 0'DO
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 o er
/
Z2 S /i/l�us�rj,,Lr� Ca_ �2%0T
Address
7/11 lfl 6- 7'71Y
Te ephone
-5-
VILLAGE SAN JUAN
Edgewood Road
CAPISTRANO VALLEY HIGH SCHOOL
26301 Via Escolar r
Mission Viejo
SEA OTTERS SWIM SCHOOL
32311 Alipaz
EL CAMINO REAL PARK
Camino Capistrano
JOHN MILEY
MARTIAL ARTS STUDIO --
32141 Alipaz Suite J.
SAN JUAN CAPISTRANO
CITY OFFICES
32400 Paseo Adelanto
SAN JUAN HOT SPRINGS
DANCE HALL
32506 Paseo Adelanto
MARCO FORSTER JR.
HIGH SCHOOL
25601 Camino Del
Avion
n
BONITA PAReK
Via Del Rey ` F4v
7N0.J
SL(aM I�ELL
LARK
3D 4% 5"r
0441 tOO111-
U'tl
i.dLdl "
+ULLn 11 IlUlu �l�°l'
'14ltlU.Ur�uw�xal �L,
.1 lU LLUl1
DANA HILLS HIGH SCHOOL
33333 Street of the Golden Lantern
Dana Point
CITJPARKS
ENDEVCO CORP.
30700 Rancho Viejo Road
A PARK `
Santa Rosalia
CAPISTRANO ELEMENTARY
31422 Camino Capistrano,
i
MINT PARY,
�tOf
r� l✓�
-i L
FOUR OAKS PARK
O
I
Via- De! Cerro
j
COOK PARK
l
Calle Arroyo
SAN JUAN ELEMENTARY
EI Camino Rea! and Sprinq
l-
LIBRARY
31882 Camino Capistrano
CRAFTY HOBBIES
32261 Camino Capistrano
ALTO CAPISTRANO
DESCANSO PARK
San Juan Creek and Bike Trail
•-6—
CAPISTRANO LANES
25975 Domingo Avenue
Capistrano Beach
I
NON-COLLUSUN AFFIDAVIT TO BE EXECUiD BY
BIDDER AND SUB11ITTED WITH BID
STATE OF CALIFORNIA )
County of ) ss.
being first duly sworn deposes
and says that lie is of
�n✓ry the party making the
Foregoing bid; hat such bid is not made in the interest of or on behalf
of any undisclosed person, partnership, company, association, organization,
or corporation; that such bid is genuine and not collusive or sham; that
said bidder has not directly or indirectly induced or solicited any other
bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that any one shall refrain from bidding; that
said bidder has not in any manner, directly or indirectly, sought. by
agreement, communication or conference with any one to fix the bid
price of said bidder or of any other bidder, or to fix the bid price
of ,or cost element of such bid price, or of that of any other bidder, or
to secure any advantage against the public body awarding the contract
of any one interested in the proposed contract; that all statements
contained in such bid are true; and further, that said bidder has not
directly or indirectly, submitted his bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative
thereto, or paid and will not pay any fee in connection therewith, to
any corporation, partnership, company, association, organization,bid
depository, or to any member or agent thereof, or to any other indi-
vidual except to any person or persons as have a partnership or other
financial interest with said bidder in this general business.
By
Subscribed and sworn to before me
this day of 19y
-8-
OFFICIAI SEAL
♦JOAN
♦04"m
•
MARSELLE
i
♦NOTARY PUBLIC.:ALIFORNIAPRINCIPAL OFFICE
♦
♦ IN
♦ M oPjFes ay
♦ Y Commission Expires May
♦
♦
13
13, 1983
4
-8-
(SAMPLE) BOND NO. 000180-3
KNOW ALL 1a N BY TIfESE PRESENTS, that we, TOMO LANDSCAPING CCMPANY
as Principal, and SUE= INSURAt3OE COMPANY OF �,fi�.sting under
the laws of the State of CALIFORNIA , and whose p i��pal oi'fice
is located in the City of LA HABRA , as surety are jointly
and severally bound unto tib Ig% %CaN JUAN CAPISTRANO of Orange County,
California, in.the sum of THREE THOUSAND FIVE HUNDRED AND NO/100---- ------- DOLLARS
($3,500.00 ), 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, adminis-
trators 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 25 , 19 81 ,
for the construction of MAINTENANCE OF LANDSCAPING INVARIOUS PARKWAY AREASfor the
CITY OF SAN JUAN CAPISTRANO, Orange County, California.
NOW, TIIEREFORE, if the Principal shall not withdraw said bid
within thirty (30) days after the opening of same, and shall within fifteen
(15) days after the agreement has been presented to him for execution
enter into a written_ contract with the City in accordance with the bid as
accepted, and if the Principal shall give the required bond with good and
sufficient sureties, or sureties for the faithful performance and proper
fulfillment of such contract and for the protection of laborers and inateri-
almen, or in the event of the withdrawl 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 wort: 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 WIIEREOF the above -bounden parties have executedV--is
instrument under their several seals this 23rd day of FEBRUARY
1981 , the name and corporate seal of each corporate party being affixed
hereto and these presents duly signed by its undersigned representative
pursuant to authority of its governing body.
Two Witnesses (if individual)
ATTEST (if corporation)
Title
PRINCIPAL �p —
By
Title it-
Corporate Seal 'U1
ATTEST BY, (
Mac
Title Title
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
Onthis ......................... 23rd ................__day of.................._FEaRu�RY...................... ......... ...... ... 1 1981_.........._.., before me
personally came ..... _....... _...._._. ,__MADEIAINE GENTRY
to be known, who being by me duly sworn, did depose and say: that he is Attorney -in -Fact of
Surety Insurance Company of California, the Corporation described in and which executed the
foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said
instrument is, such corporate seal; that it was so affixed by authority granted to him in accor-
dance with the By -Laws of the said Corporation, and that he signed his name thereto by like
authority.
OFFICIAL SEAL
Notary Public -California
10 PATRICIA AMIEL
ORANGE COUNTY
My Commission ExaUes / y 1a. 1994
5100-02
(Nota............. P
ry Public)
Surety .9ndurance Company of Catilornia
-"W Down and Sense SurcN..
HO.11E OFFICE IN LA HABRA. CALIFORNIA
Box 2430
La Habra, California 90631
CERTIFIED COPY OF POWER OF ATTORNEY
No ....... 3150 ................
.11now all Men 6,y t4ese Presents: That Surety Insurance Company of California. a California Corporation, hav-
ing its principal Office in the City of La Habra, County of Orange, State of California, pursuant to the following By -Laws
which were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to -wait:
"Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys -In -Fact, and authorize
them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writ-
ings 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."
Has made, constituted and appointed and by these presents does make, constitute and appoint
_Madelaine Gentry of..La Habra_, California
.. - - _. ...........
its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as
its act and deed, all of the following classes of documents, to wit:
Indemnity, Surety and Undertakings that may be desired by contract, or may be
given in any action or proceeding in any court of law or equity; policies indemnifying
employers against loss or damage caused by the misconduct of their employees, official
surety and fidelity bonds.
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly
elected officers of the Company at its office in La Habra, California in their own proper persons.
IN WITN REOF, Surety Insurance Company of California has caused these presents to be signed by its duly
auth zeCc o��pgFp ny s corporate seal to be hereunto affixed this .....O.thl--.----- ._.day of...._D.e.C23Il�7,e.X'.... _..., 19.0. Q....
SURETY INSURANCE COMPANY OF CALIFORNIA
Cy �
INCORPORATED % .- yy•��� ��`
Z_ , _ o By _-------- ..... _ .......�G...L4.S:.x.!YS..._....
N rrilil
JAN. 31, 1969 m John President
tt
S TE CA RN 7
CO
> JS 3S:
On this... ay of ......... D.ec.emhex...............A.D. 19_8_0 ..... before the subscriber. a Notary Public of the State of
California, in and for the County of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY
INSURANCE COMPANY OF CALIFORNIA, to me personally known to be. the individual and officer described in, and
who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn,
deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru-
ment is the Corporate Seal of said Company, and the said Corporate Seal and his sigrature as officer were duly- affixed
and subscribed to the said instrument by the authority and direction of the said Corporation, and that Article IV, Section
7(b) of the By -Laws of said Company, referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the
day and year first above written.
Rotary Public ,.•�'� OFFICIAL RL SEAL
..........V-.t.v.Y /C�:..r/vv.� . LINDA R DAMS
........ ... a .................................... ..... ............ � ORAIIGE COUNTY
Linda R. Davis y o<'_• nioTaareuauc CA _or
µ o My comm. expires SEP 25, 1964 ,
CERTIFICATION
I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that
the Power of Attorney remains in full force and effect, and has not been revoked: and furthermore that Article IV, Section
7(b) By -Laws of said company as set forth, in said Pov: er of Attorney, are now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company
thisn! --day of......YM1.(1 ARY...... ................. 198.1........
.......
(SEAL) -- Secretary
560-05-04 (Rev. 12-80)
4%
PROOF OF PUBLIC
ON
(2015.6 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
published.............DAILY
......................................................
.................................... 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, 1060,
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:........
February 10 and 17
........................ ........................_..----------...........-.............
all in the year 19.....81
I certify (or declare) under penalty of perjury
that the foregoing is true and correct.
Dated at San Clemente, California, this
17tt6y of February.......... 19.....81.
Signature
SAN CLEMENTE PUBLISHING CORP.
1542 North El Camino Real - P.O. Box 367
San Clemente, Calif. 92672 - Phone 714-492-5121
This apace Asthe County Clark's Filing Stamp
Proof of Publication of
NOTICE INVITING BIDS
................. ..................................... —
NOTICE OF TRANSMITTAW LEGAL PUBLICATIONS •
TO: DAILY SUN -POST
Helen Nielsen, Legal
FOR PUBLICATION ON:
DOCUMENT(S) TO BE PUBLISHED:
TUESDAY, FEBRUARY 10, 1981 AND
TUESDAY, FEBRUARY 17, 1981
NOTICE INVITING BIDS -
MAINTENANCE OF LANDSCAPING IN
VARIOUS PARKSITES
PROOF OF PUBLICATION: Please send to:
Office of the City Clerk
City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AUTHORIZED BY:
DATE: February 4, 1981
Date of Bid Opening 2/25/81
Date(s) notice published 2/10/81 & 2/17/81
Date affidavit received
Date notice posted in
designated posting places (3) 2/10/81
Date notice(s) posted on property n/a
Date of mailing notices
to property owners n/a
NOTICE INVITING BIDS
MAINTENANCE OF LANDSCAPING IN VARIOUS PARKSITFS
Notice is hereby given that the City of San Juan
Capistrano will receive sealed proposals or bids for the
:00 P.M. on the 25th day or February , 1981
A pre-bid conference is scheduled at 10:00 A.M. on
the 19th day of February 1981, 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 $5.00 charge for
postage and handling on all plans and specifications mailed.
Dated: February 4, 1981 � f�AeZ
CITY CLE
CITY OF YAN JUAN CAPISTRANO,
ORANGE COUNTY, CALIFORNIA
NOTICE. INVITING BIDS
Public notice is hereby given that the Citv Council of the City of
San Juan Capistrano will up to 2:00 P.M. . on the 25th day of
February 19 81, receive scaled proposals or bids for the
Maintenance of Landscaping In various parksites
In accordance with the approved specifications on file in office
of the City Clerk of the City of San Juan Capistrano, City Hall,
32400 Paseo Adelanto, San Juan Capistrano, California. Bids will
be received until the time hereinbefore indicated at the San Juan
Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano,
California.
No bid will be received unless it is made on a proposal provided
within these specifications. Each proposal or bid must be accom-
panied by a certified check, cash, cashier's check or bidder's bond
payable to the City of San Juan Capistrano in the sum of not less
than ten percent of the amount.
The'bid check, cashier's check or bidder's bond of the successful
bidder will be forfeited to said City in the event such successful
bidder fails to enter into the required contract within 25 days
after the written notice that said contract has been awarded to him
for the work.
A pre-bid conference is scheduled at 10:00 A.M. on the 19th
day of February 19 81, at the City offices. The contractor
shall have the opportunity for clarification or interpretation of
any point or points of question within the contract documents or
specifications. It is the contractor's responsibility to be in
attendance at this conference to receive any information disclosed
during the proceedings, for the City`shall not disseminate any
records of the conference. Exclusive of written addendums and this
pre-bid conference, the City shall not be responsible for any in-
structions, explanations, or interpretation of the specifications
and contract documents presented to the bidders in any manner.
BIDDERS ARE HEREBY NOTIFIED ^ AT, pursuant to the Labor Code of
the State of California, copies of the prevailing rate of per
diem wages, as determined by the Director of the State Department
of Industrial Relations, are on file in the office of the City
Clerk and shall be made available to any interested party on
request.
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0 0
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
provisions 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
4th day of February , 19 81.
MARY ANN HANOVER, CITY CLERK
CITY
,,NN
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 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.
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9
0
2. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS
LANDSCAPE MAINTENANCE CONTRACTS
(38) Written Communications:
(74) Report dated February 3, 1981, from the Director of Public
Works.
Approval of Specifications:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the specifications
and to authorize a call for bids for landscape maintenance
contracts for the following areas:
Parks: Cook, Junipero Serra, Descanso, E1 Camino Real,
Mini Park, and Mission Bell.
Parkways: Specified medians and parkways on Del Obispo,
— Camino Capistrano, Calle Arroyo, Sundance,
Siega, Ortega Highway, Paseo Adelanto, Blue
Fin, Camino del Avian, Calle Aspero, Aguacate
Road, and San Juan Creek Road.
Districts: Specified areas in Tracts 7654, 9373, 8485,
9384, 9382, and 7673.
-;)L /3/;zZ I
AGENDA ITEM February 3, 1981
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Approval of Specifications and Authorization to
Call For Bids - Landscape Maintenance Contracts
SITUATION
As per City Council direction the City is currently contracting
services for the landscape maintenance of City -established districts,
parks and parkways to insure that an adequate maintenance service is
being provided to all facilities and to keep costs competitive. The
following areas are recommended for contractual servicing:
V Parks: Cook, Junipero Serra, Descanso, E1 Camino Real, Mini Park,
and Mission Bell.
Parkways: Specified medians and parkways on Del Obispo, Camino
Capistrano, Calle Arroyo, Sundance Drive, Siega, Ortega
Highway, Paseo Adelanto, Blue Fin Drive, Camino Del Avion,
Calle Aspero, Aguacate Road and. San Juan Creek Road
Districts: Specified areas in Tracts 7654, 9373, 8485, 9284, 9382,
and 7673
FINANCIAL CONSIDERATIONS
Those costs associated with Landscape Maintenance Districts will be
assessed the property owners in the designated tracts. All other
costs for parks and parkways are budgeted for in the General Fund
under Public Works Maintenance.
ALTERNATE ACTIONS
1. Approve the specifications and
Scape Maintenance Contracts on
parkways.
authorize call for bids for Land -
specified districts, parks and
2. Do not approve the specifications.
3. Refer back to staff for additional information.
RECOMMENDATION
By motion, approve the specifications and authorize call for bids
for Landscape Maintenance Contracts on specified districts, parks,
and parkways.
Respectfully submitted,
U .1�.ur
W. D. Murp krk/
wDM:CSF/rem fOR C;tIY COUNCIL AGENDA ••I
1
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY
STATE OF CALIFORNIA
0
r
SPECIFICATIONS & CONTRACT DOCUMENTS `46 4/ 1 (k 3
FOR THE MAINTENANCE OF LANDSCAPING IN
VARIOUS PARKSITES
CITY COUNCIL
GARY L. HAUSDORFER, MAYOR
ANTHONY BLAND PHILLIP R. SCHWARTZE
LARRY BUCHHEIM KENNETH E. FRIESS
W. D. Murphy
DIRECTOR OF PUBLIC WORKS
February 1981
• 0
TABLE OF CONTENTS
CONTRACT DOCUMENTS
NOTICEINVITING BIDS .................................. 1
BIDPROPOSAL .......................................... 3
NON -COLLUSION AFFIDAVIT ............................... 8
INSTRUCTIONTO BIDDERS ................................ 9
AGREEMENT............................................. 12
BIDBOND .............................................. 18
FAITHFUL PERFORMANCE BOND ............................. 19
LABOR AND MATERIAL BOND ............................... 20
GENERALPROVISIONS .................................... 21
OSTRUCTION TO BIDDERS •
Securing DocumcnLs.
Specification documents will be available. for examination without charge
and copies may be secured in accordance with the "Notice Inviting Bids."
Examination of Specifications and Site of work.
The bidder is required to examine the site of work, the proposal, and
the specifications very carefully. He shall satisfy himself as to the
character, quality and quantities of the work to be performed, the
material-- to be furnished and the requirements of the Contract Documents.
Disqualification of Bidders.
No person, firm or corporation shall be allowed to make, file or be
interested in more than one bid for the same work unless alternate
bids are called for.. A person, firm or corporation who has submitted
a -sub -proposal to a bidder, or who has quoted prices on materials to
a bidder, is riot hereby disqualified fron submitting a bid in his own
behalf.
Proposals.
Bids to receive consideration shall be in accordance with the following
instructions:
A. Bids shall be made only upon the forms provided within these
specifications; all bid items shall be properly filled out,
and the signatures of all persons signing shall be in longhand.
B. All prices and notations must be in ink or typewritten. No
erasures ;gill be. permitted. Mistakes may be crossed out and
corrections typed or written in ink adjacent thereto and
must be initialed in ink by the person or persons signing
the bid.
C. Bids shall not contain any recapitulation of the work to
be done. Alternate proposals will not be considered except
as required hereinabove. No oral, telegraphic or telephonic
proposals or modifications will be considered.
D. The City may require any bidder to furnish a statement of
his experience, financial rosponsi.bility, technical abi.IiLy,
equipment and references properly and fully filled out.
E. L•'ach bidder count accomp;iny his bid %..itli ci.t.her a cashier's
Check upon some respon..iblc bank, or a properly ccrtificd
check upon t.uch baric, or an approved cQrc,or.aLu surety hoed
Payable to the City for'such a stun of not- les: Lhan tell (10)
-9-
percent of the aggregate sum of the bid, which check or
bond and the rlonics represented thereby shall be held by
the City as a guarantee that the bidder, if awarded the
�. contract, will in good faith enter into such contract and
furnish the required bonds.
The bidder agrees that, in case of his refusal or failure
to execute said contract and give bonds within the time
required by these documents, such check or bond, and the
money represented thereby, shall remain the property of
the City and, if the bidder shall fail to execute said
contract, said surety will pay to the City the damages
which the City may suffer by reason -of such failure, not
exceeding the sum of. ten (10) percent of the amount of the
bid. A bid received and not accompanied by such cashier's
check, certified check or approved bond shall be rejected.
F. Bids shall be delivered to the City at the location stipulated,
on or before the day and hour set for the opening of bids,
as hereinbefore specified in the "Notice Inviting Bids."
Bids shall be enclosed in a sealed envelope bearing the title
of the work and the name of the bidder.
Licensing of Contractor.
All persons, firms, partnerships or corporations shall be licensed in
accordance with the Business and Professions Code of the State of
California and the applicable ordinances of the City and County before
kr doing any work of any kind.
Withdrawl of Bids.
Any bidder may withdraw his bid in person or by written request at any
time prior to the scheduled closing time for receipt of bids.
O eninq of Bid Proposals. I
The City will., in open session, publicly open, examine, and declare
the bids at the time set forth in the "Notice Inviting Bids." Bidders
or their authorized representatives are invited to be present.
Interview of Bidders
If doomed necessary, the three lowest bidders will be requested to appear
for interview before the Director of Public Works or his authorized
representative.
Award of Cont-ract or. Rc,joction of Bids.
No b.iddcr may withdraw his bid for a period of forty-five' (45) days after
the date satfor tho oponing of. bids. The contract for the work will
either bo awarklod or thy• bids rejected withlll the. forty-five (45) days
Vfrom iho datce sen: for the Opening of. -bids.
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The contract for the work will be awarded to the lowest responsible
bidder complying with th,c�se i.in;truct.ions and with the "Notice Inviting
Bids." The City, ho'sctver, resci:ves the right to reject any or all bids
and to waive any nonconformity in the bids received.
The bidder to x•Ahom the award is made shall execute a written Contract
with the City and furnish the stipulated bonds within ten (10) days
after the notice of award of contract. The Contract Agreement shall be
made in the form adopted by the City. The release of the successful
bidder's surety deposit, as previously stipulated, shall be made upon
the City's acceptance of the Labor and Materials Bond and the Faithful
Performance Bond.
If the bidder to whom the award is made fails to enter the contract as
herein provided, the award may be annull.cd and an award may be made
to the next lowest responsible bidder; and such bidder shall fulfill every
stipulation embraced herein, as if he were the party to whom the first
award was made. A corporation to which an award is made small furnish
evidence of its corporate existence and evidence that the officer signir:g'
the contract and bonds for the corporation is duly authorized to do so.
Bonds.
The successful bidder, simultaneously with the execution of the Agreement,
will be required to furnish a Labor and -Materials Bond in a sum not less
than one hundred percent (100'0) of the total amount payable by the terms
of the contract and a Faithful Performance Bond in a sum not less than
one hundred percent (100`1) of the amount of the contract. Said bonds
shall be secured from a surety company satisfactory to the City. 'Surety
companies, to be acceptable to the City, must be authorized to do bus.in'ess
in the State of California and be on the accredited list of the United
States Treasury.
Time of Performance.
The work shall be commenced within fifteen (15) calendar days from the
date of execution of the contract and shall bo diligently prosecuted for
a period of twelve (12) months.
Assignment of Contract.
No assignment: by the Contractor of any contract to be entered into
hereunder or any part thereof, or of fund:; to be received thereunder
by the Contractor, will be. recognized by the awardi.nn authority and the
surety has bccu given notice of such assignment in writing and has con-
sented thereto i.n writing.
korhmen anal Magor.
ALlrnlion it:-;paxifically directed.to all provisions of the Labor Code
,hof Lho stale of c.ili forn.ia u1 UI roji I r d to %.,, (I r ". 1110 n and wages. Wages shall.
not be less than prevailing wage rates determined by the CITY pursuant to
said Code and as listed in the "NOTICE INVITING BIDS."
• .GENERAL PROVISIONS •
A. Turf Grass .
1. All ?awn areas are to be mowed weekly, or as- needed to
maintain the height specified below and borders neatly
edged. Trim around sprinkler heads as needed to provide
maximum water coverage. Trim around planters. Remove and
dispose of all cuttings. Mow to the following height:
Bermuda
Bluegrass
2, Irrigate as necessary
and optimum appearance
1/2" to 1"
1-3/4" to 2-1/4"
to maintain proper growth rate
(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.
4. Aerate once a year between February 1 and March 31.
Aerate all turf by removing 1/2" by 2" cores of sod
with an aerator machine at not more than 6" spacing.
5. Turf shall be dethatched once a year between February 1
and March 31. This shall be accomplished by using a
"flail type" dethatching machine.
6. Fertilization:
'a. Bluegrass turf shall be fertilized every 30 to 45
days, as needed, at the rate of one pound of
actual nitrogen per 1,000 square feet. A 16-6-8
formula with trace elements is recommended.
i?. 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.
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7. A broad spectrum fungicide (such a • ctidone RZ) shall
be applied to all bluegrass turf at the preventive
rate beginning April' 1 each year. Additional appli-
cations shall be made at the curative rate as necessary
throughout the year.
B. Slope Care
1. Ground cover (grass, herbaceous plants)
`a. Irrigate as,required to maintain a reasonable.
appearance.
b. Fertilization:
1. Iceplant areas shall be fertilized when
recommended by the Director of Public
Works or his authorized representative with
the rate of each application to be one pound
of actual nitrogen per 1,000 square feet
using a 16-16-16 formula material.
2. Grass areas (Alta Fescue, etc.) shall be
fertilized every 120 days with the rate of
each application to be one pound of actual
nitrogen per 1,000 square feet using a 16-16-16
formula material.
c. Control pests, including rodents and snails, as
needed.
d. Maintain slopes weed free. Periodic hand weeding
over entire area will be required.
e. Maintain a maximum allowable height of 24" on
slope areas. The seed stems and heads shall be
removed from the grass (Alta Fescue, etc.) before
they go off color each year.
f. Trim and edge to maintain sidewalks and curbs
free of plant growth.
C. Shrub and Ground Cover Care
1. Prune to maintain reasonable size and appearance.
2. Annually thin out, shape and head back all shrubs.
3. Control pests and diseases as needed.
4. A broad spectrum preemergent weed control, such as
Treflan, shall be. applied to shrub beds and ground
cover beds in April and September of each year.
-22- '
Additiont weed control shall be irdliated as
necessary to maintain a weedfree condition.
S. Ground cover areas -should be fertilized every ninety
(90) days with the rate of each application to be one
pound of actual nitrogen per 1,000 square feet using
16-16-16 formula material.
6. Trim and edge as necessary to restrict growth from
encroaching on sidewalk or other adjacent areas.
7. Irrigate as required to maintain adequate growth rate
and reasonable appearance.
S. Annual bedding plant areas shall be programmed for
replacement as directed by the Director of Public
Works or his authorized representative. Replacement
plants shall be of a suitable type to provide the
maximum amount of color (bloom) during the time they
are in the bed areas. All of the applicable maintenance
programs covered in this section shall apply to these
annual bedding plant areas as well.
D. Tree Care
1. Shape, trim and prune to maintain a reasonable
appearance.
2. Annually thin out, shape and head back all trees.
3. Control pests and diseases as needed.
4. Remove all dead and damaged branches back to point of
breaking.
5. Stake and support trees when necessary.
6. Stakes and ties will be placed so no chafing of bark
occurs. Remove as soon as no longer needed.
7. All guys and ties shall be checked frequently to
avoid girdling.
S. Applications of an iron chelate fertilizer shall be
used as needed throughout the year, where necessary
to maintain healthy, vigorous growth and good foliage
color.
9. Irrigate as required to maintain adequate growth rate
appearance.
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E. Irrigation System •
1.• The CONTRACTOR shall maintain the complete'sprinkler
system in an operable coridition.
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 -..a tering or over -
watering.
4'. All replacements to be with original. type material
or substitutes approved by the CITY.
5., Repair or replacement of equipment damaged as a result
of CONTRACTOR'S negligence shall be replaced at the
CONTRACTOR'S expense.
6. Damage not resulting from CONTRACTOR'S negligence
will be reported promptly to the CITY, together with
an estimate of costs for correction of the condition.
7. All systems to be operationally checked a minimum of
once a week.
S. Irrigation of park will be accomplished between 10:00 .p.m.
and 3:00 a.m., subject to change by CITY.
9. Irrigation by water truck will be accomplished during
daylight hours and no less than bi-monthly, or as
directed.
10. A minimum 500 gallon capacity tank "is required.
F. Common Seating Areas
1. Sweep, clean and remove debris a minimum of, once a
week.
2. Inspect and check all benches and equipment for
vandalism and safety hazards; make minor repairs
and report major damage to CITY.•
3. Maintain concr^te areas by hosing off sand and base
materials a minimum of once a week.
4. Immediately remove all broken glass and any sharp
objects.
G. Restrooms
1. As required, restroom facilities will be maintained
by -CITY..
H. General
1. Vegetation shall not overhang a sidewalk at less than
7 feet in height or a roadway at less than 14 feet in
height.
2. All operations will be conducted so as to provide
maximum safety for the public.
3. Where CONTRACT work may create potential or known
hazards on streets or roads and to persons traversing
them, CONTRACTOR shall obtain at his own expense and
place whatever signs, lights, barricades, cones or
other safety devices are necessary to prevent accidents,
injuries or damages, consistent with the Orange County
Manual of Warning Signs, Lights and Devices and with
all other applicable ordinances F --id statutes. When
working adjacent to the roadway, red vests shall be
worn at all times.
4. Leaves, paper, weeds, and any other debris will be
removed from landscaped areas and disposed of offsite.
Trash cans provided by the CITY will be emptied
and washed out after emptying.
5. CONTRACTOR will clean sidewalks, roadways, and any
other areas dirtied by his maintenance operations.
6. CONTRACTOR will report to CITY any malfunction of
the lighting system in any CITY -maintained area
7. Notification of all "specialty type" maintenance
- operations shall be given to the CITY 48 hours prior
to each of these operations by the CONTRACTOR.
"Specialty Type" maintenance operations are defined
as: fertilization, preemergent weed control; turf
aerification; turf dethatching; preventive application
of turf fungicide; and annual type bedding plant
replacements.
8. CONTRACTOR is required as part of this Agrcement to
furnish all materials necessary to accomplish maintenance
in accordance with the foregoing specifications except
fertilizer, which will be available at Corporation
Yard, 32400 Paseo Adelanto, San Juan Capistrano.
'-25-
CONTRACTOR is further required to sock high usage
items for repair of irrigation systems. CONTRACTOR
willbe reimbursed the wholesale cost of such materials
and parts upon presentation of properly itemized
invoices. Any other types of materials required to
be furnished will be considered as extra work (see
Exhibit I, H).
9. CONTRACTOR is required to maintain an office in
Orange County and provide the office with phone
'service during normal working hours. If a telephone
answering service is utilized, the answering service
shall be capable of contacting CONTRACTOR by radio or
pager. CON'T'RACTOR is further required to provide
CITY with an emergency number for contact outside the
normal working hours.
10, whenever herbicides are used, CONTRACTOR shall apply
when air currents are still, to prevent herbicide
drift onto adjoining property, and to prevent any
toxic exposure to persons whether or not they are
in or on the grounds.
11. CONTRACTOR is also required to provide uniforms and
name badges for all field personnel.
12. Prune plant materials adjacent to roadway intersections
to provide adequate sight distance for vehicles
bntering the intersection.
13. Prune plant materials so that all traffic control
signs are clearly visible to approaching drivers.
14. Compile and maintain "as builts" of all irrigation
systems to include location and serial numbers of
major components. Turn over to CITY on termination
of agreement.
15. CONTRACTOR shall not block bike trail with equipment
or materials during or after his maintenance operations.
16. Rake and remove debris, trash and other materials a
minimum of twice a week.
17. Remove from park and parkways any and all animal feces
or materials detrimental to human health daily.
I.. Extra Work
1. Extra work will not be performed without prior approval
by CITY unless a condition exists wherein it appears
-26-
there islanger of injury to perso* or damage to
property.
2. Extra work may be requizr_d by the CITY as a result of
acts of God, vandalism, theft, civil d?sturbances or
accidents.
3. Extra work may be required by the CITY in order to
add new landscaping or to delete or modify existing
landscaping•
4. •Payment for extra work will be based on actual cost of
labor plus wholesale cost of materials plus 20 percent
of materials.
S. The Director of Public Works, or his authorized
representative, is authorized to approve extra
work up to 25 percent of the annual cost of the
Agreement.
J. Standards of Performance
All .other portions of this Agreement notwithstanding, it is
agreed that the intent of this maintenance contract is to provide
a level of maintenance that will present a pleasing and desirable
appearance at all times. CONTRACTOR agrees to maintain all designated
areas covered by this Agreement at such level.
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��l� all . Ji�il , ��ari� n��irJfra�za
72400 PASEO ADELANTO
SAN JUAN CA PISTRANO,CALIFORNIA 92675
PHONE 497.1171' t'•�
April 12, 1982
Toyo Landscaping Company
302 S. Newhope Avenue
Santa Ana, California 92704
Re: Award of Contracts: Landscape Maintenance
Districts - Tracts, Park Sites and Parkways
Extension of Contract: City Parks and Parkways
Maintenance
Gentlemen:
At their meeting of April 6, 1982, the City Council took
unanimous action in approving the following Contracts:
1. The Contract between the City and your company for
the landscape maintenance of Tracts 7673, 8435,
9382, 9284, 9373, and 7654 at an annual cost of
$46,068.00;
2. The Contract between the City and your company for
landscape maintenance of various City parks and
parkways at an annual cost of $38,400.00.
The original and one copy of these Contracts are enclosed.
Please sign and date all copies and return the "City" copies to this
office; the second copies are for your files.
An additional agenda item regarding the extension of your
existing contract for maintenance of City parks and parkways for one
year to April 1, 1983 with a 6% cost increase was -also approved.
MAH/na
Enclosures
Thank you for your cooperation.
Very
truly yoursWR,M& MARY ANN,
City Clerk
cc: California Landscaping Kathy Holmes
Michael Lopez Plant Control Corp.
Patricia Stauderbaur Maryann Pette
Paul Weddel Kathy Itzel
• Mike Tolmasoff Jim Young
Charles B. Davis Dennis Haehn
Robert Bancroft
Richard Kopp
Paul Stubbs
Director of Public
Works
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WESTERN COMMERCIAL INSURANCE AGENCY
COMPANIES AFFORDING COVERAGES
1850 E. 17th Street, Suite 210
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Santa Ana, California 92701
:°M�uNY A FREMONT INDEMNITY COMPANY
COMPANY B
LETTER
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TOYO LANDSCAPING COMPANY
LETTER"Y C
225 South Newhope Avenue
Santa Ana, California 92704
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COMPANY E
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This is to certify that pofc e of msurance ,,led below have been Issued to me'nsured named above and are in force at this time. Not'w'ithstanding ,ny re;ulrement, term or coedit on
of any contract or other cocument wrt'. respect :o which this cerut tate may be issued cr may pertain, the Insurance afforded by the policies described herein is subject to all the
terms, e.cluswns and mnditic-s of such policies.
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SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, California 92675
ATTENTION: Mary Ann Hanover, City Clerk
I
1
DAFT ISSUED March_ 2.7, 1981
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32400 PA5EJ u 0 ELAN;o
SAN JU -',' � ... _ _� CALIFORNIA 92675
-� PHONE 4941117J/
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March 6, 1981
Toyo Landscape
225 S. Newhope Avenue
Santa Ana, CA 92704
Re: Award of Contract - Landscape Maintenance
Gentlemen:
At their meeting of March 3, 1981, the City Council
awarded the contract for the landscape maintenance for portions
of Mission Bell, Descanso, Cook, Mini, Ji4nipero Serra, and E1
Camino Real Parks to your company at $33,000.00.
Enclosed are two copies of -the Agreement. Please
sign and date both Agreements and return the "City Copy" to
this office along with all required bonds and insurance. The
Agreement documents are to be executed by your company within
15 days of this notice.
Please note Page 14 of the Agreement which cites the
City's requirements for bond and insurance amounts. These re-
quirements 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.
Very truly yours,
(MRS) MARYeANN HANOVER, CMC
City Clerk
MAH:ol
Enclosures
cc: Director of Public Works
WElt7tA --Ljf��k&k
F LADAr
M At ND i F i C A T 10, IN S F
go,
Tentative Contract Award Datc:
141 w, pw e. PPS zkiA 4%9- -
414--1 Ids
JCAA S7
0, 3
-770
i
•
RECEIVED
r > PREVAILPT WAGE DI'CERMINATION MADE BY TIrE DIRMCIOR
FEB 6 L to PNA RI7, cHAPPSR 1WSTRIAL , ARTICLEP2,�SWPIONSumr 'M CAW 1770,R1773IA 1ANDR17ODE
773.1
CITY OF
SAN I it A N Determination: S-81-19
r A A. 'ti
Is
`sue date: February 6, 1981
Craft: Landscape DIaintenance Taborer
Project: 'This prevailing wage determination is being issued pursuant to the
request by the City of San Juan Capistrano of .January 14, 1981 for
landscape maintenance work. This wage determination applies only
to the public works contract(s) for which it was requested.
Wage rate
Classification
Basic straight -time
hourly rate
Landscape Maintenance Taborer' $4.98
`Applies only to landscape maintenance, including but not limited to
moving, 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 performinq janitorial work incidental to such land-
scape 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 a brief plant
installation and establishment period).
D�Vlcyer 2aynnents (labor Code Lection 1773.1)
Health and welfare: 32� per hour or $12.80 per week, or $55.46 per month.
Paid Vacation: One week after one year of service or 10� per hour, 2 weeks
after 2 years or 19� per hour.
Holidays: 9 paid holidays per year or 17� per hour.
Overtime: Pursuant to Section 1815 of the T.Zrx3r Gode, "work performed by
enployees of contractors in excess of 8 hours per day, and 40 hours
during any one week, shall be permitted upon public work up)rn
compensation 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 rVxy, Washington's Birthday, Memorial Day,
Independence clay, Labor T)ay, Colanhus Day, Veterans' Day,
Thanksgiving Day and Christmas Icy.