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1981-0317_TOYO LANDSCAPING_Agreement
• • 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 17th day of March , 1981, between the City of San Juan Capistrano, hereinafter referred to as "CITY" and Tovo Land Sca in hereinafter referred to as "CONTRACTOR" for landscape maintenance of specified portions of various parkway areas. 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 cn the 1st day of April 19 81, 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 TOTAL MONTHLY COSTS TOTAL ANNUAL COSTS $ 2,385.00 $_2 8 , 6 20 . 00 Payment for any extra work directed by CITY shall be the actual cost of labor plus wholesale cost of material plus 20 percent. Monthly payments to CONTRACTOR will be made on the regular day for payment of City bills by the City Treasurer. CONTRACTOR shall submit detailed invoices with back-up vouchers for all charges other than monthly costs for item above. At the sole discretion of the Director of Public Works, additions or deletions may be made to this agreement which may result in an increase or decrease in the areas and acreage to be maintained. Such changes will be submitted to CONTRACTOR in writing and shall be identified as addendums to this agreement. The affected areas will be classified, measured, and priced in accordance with the unit costs specified above. -12- SECTION. 4. • rN1:RAL PROVISIONS: Gencol provisions for the. work to be performed arc contained hel:cin and are made a part of this agreement by reference. SECTION 5. EQUIPMENT, LABOR ARID PREVAILING WAGES: CONTRACTOR shall use and L•utnish at his oom expense all labor and equip- ment nece:.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 under 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 hours 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 CONTRACTOR and all subcontractors shall keep accurate records showing the name and hours worked each calendar day and calendar week by each workman in accordance with Section 1812, California Labor Code. .In the performance of the terms of the Agreement, CONTRACTOR 'agrees that he will not engage in nor permit such subcontractors as he may employ from engaging in discrimination In employment of persons because of race, color, national origin, ancestry, or religion. Pursuant to Section 1771 of the Labor Code, CONTRACTOR is required to pay the general prevailing rate of per diem wages for each laborer or workmen performing any work tinder this contract. SECTION G. CONTROL OF WORK: The Director of Public Works, or his authorized representatives, shall decide all questions which may arise as to the manner of performance and rate of progress of the work; all questions as to the acceptable fulfillment of the contract on the part of the CONTRACTOR; all questions as to the interpretation of the specifications; and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions. [-lien condition of a maintained area is determined by Director to be substandard due to inadequate or improper maintenance, monthly payment may be withhold until such condition is resolved to the satisfacticn of the Director.. SECTION 7. PROSF.CUTiON OF WORK: The CONTRNCTOR shall. begin maintaining landscaping within LifLoon (15) clays after the execution of the agrcomo nt by the CITY and shall diligently prosecute the sarle until the tcr:nin[hLi011 of the agreement. -13- SECTIO% 8. CONTRACT Rk ND S: Prior to tho data of execution of this aorovmonl by CI'C1', C'i?�'C .li";'c"-- s ;i.::l 1. dolc ::it taii th the CITY a Curet}' bolld to-;0cu;:0 the fai.t.htUl poi: f01'IilallCc:. of this contract an(I a sollaraLe bond to secure Iviy:'nt of per::on:; perfonnlind 1:1!;0.1' and ftlrni:lll.Ln`j litat.orial!; U( ill Conlloction with thio C'011tract, each bond 5ho.11:111 bill tho � `� amount of not lo;,; than Ont, 11undrod fervent clow:.) of the alaount. of this; contracL. -13- The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1979 Edition, hereinafter referred to as the Standard Specifications. 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 $ 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- 0 0 SECTION 11. SAFETY: CONTRACTOR agrees to perform all work outlined in this contract in such manner as to meet all accepted stan- dards for safe practices during operations and to maintain safe conditions of premises and \rays at all times, including safely stored equipment, machines, materials or debris, protected excavations, or other hazards consequential or related to his work.; and agrees additionally to accept the sole responsibility for complying with all. applicable local, County, State or other legal requirements including but 'not limited to full compliance with the intents and terms of the applicable OSTIA 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 f, or others from foreseeable .injury, or damage to their property. V 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. INDMN ITY PROVISION: The CONTRACTOR shall be responsible from the time of the beginning of operations, for all injury or damage of any kind resulting from said operations to persons or property regardless of who may be the o%'mer of the property. In addition to the liabil.i.ty imposed upon the CONTPACTOR on account of personal injury (including death) or property damage suffered through the COD1'1'I:ACTOIZ'S nogligencc, which liability is not impaired or other- wise alfccted hereunder, the CONTR/ACTO'.1 assumes the obligation to save the CITY harmlens and to indemnify the. CITY fi70m every expanse, liab:.:lit,, or paymcra: ar..4si ig out. of or through injury (including death) to any person or persons or damage to property (regardless of teho Wray be the owner of the peop.:rty) of any place in which woi:k is located, arising out of or suffered through any act or omission of the CONTRAC'.FOR or any subcolit racl_ol' or anyone directly or in<li.ruc:tly employed by or under ov SIII`er\']GlCn Or any or theRl in the prosPCtltion of the`. operations includc.l in this cont.ract. -1.5- 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 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: 3/17/81 CITY OF SAN JUAN CZ&ISTRANO By L. HAUSDORFER,/ MAYOR Tovo Landscaping By �'lL -16- ATTEST: MARY AANN ANOVER, CITY CLERK APPROVED AS TO FORM: '�s.�....... i JAMES S. OKAZAK 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 parkway areas executed by the Mayor of the City Council of the City of San Juan Capistrano, California. ) Z,.5 ��.1/,, - MARY ANN,4KANOVER, CITY CLERK -17- r 'ADDITIONAL AGENDA ITEM April 6, 1982 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: City Parks and Parkways Landscape Maintenance - Toyo Landscaping Company Contract SITUATION 1/r�3 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. P7ur, WDM:CSF/rem ADS 1 T7 o A)A c.-. 11661 )4 .i TENj 70YO IAMSCAPING COMPANY 302 S. MWHOPE, 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 cn 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.O.#5260 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. Respectfully yours, Francis Ohis�i`ta PARKS 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 $2,750/mo. PARKWAYS $2,385/mo. See attached list of 12 areas 1982-82 (Proposed) $2,915/mo. ($165 increase) $2,528/mo. ($143 increase) .• 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'; 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. S. Cristal at Ortega highway; 20 Sycamores. Ortega highway at Cristal; 43 trees and ground covet (manually controlled irrigation system). 9., 'Calle Arroyo, soutaide of street from SundAWDrive 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; autdmatic 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. C� J AGENDA ITEM March 17, 1981 0 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract Landscape Maintenance, Various City Parkways SITUATION Due to a misunderstanding that arose regarding the description of parkways maintenance areas, Council rejected all of the bids submitted for this work and authorized re -advertising for proposals. Because the initiation of all the other landscape maintenance contracts for the coming year have been scheduled for the middle of March, it would be desirous to award the contract within the same time frame. Therefore, the bid opening for this program will take place on March 16th with the results and staff recommendations to be presented at the City Council meeting of March 17th for consideration. Additionally, the attached letter from Trans Continental Factors requesting withdrawal of their bids for the landscape maintenance of Tracts 7673 and 8485 due to an error in wage computation has been received. Following a review by staff of this situation, it is recom- mended that Trans Continental Factors be allowed to withdraw their bids and that the second low bidder, Toyo Landscaping, be awarded those contracts. FINANCIAL CONSIDERATIONS The bid summary of the parkways maintenance areas will be presented at the Council meeting of March 17. All costs associated with this program are budgeted for in Account #213, Public Works Specialized Services. The monies involved in the Maintenance Districts 7673 and 8485 are assessed the homeowners in these areas via County tax rolls. The bids by Toyo Landscaping for those tracts are 7673, $6,000 per year, and 8485, $6,600 per year. ALTERNATE ACTIONS 1. Following Council review, award the bid for landscape maintenance of City parkways; accept Transcontinental Factors' request to withdraw their bids due to a computational error and re -award the contracts for the landscape maintenance of Tracts 7673 and 8485 to Toyo Landscaping in the amounts of $6,000 per year and $6,600 per year respectively. 2. Do not award any bids. 3. Refer the matter back to staff. FOR CITY CC}+ NM AGENDA 9/ 0 Award of Contract, Landscape -2- March 17, 1981 Maintenance Various City Parkways By motion, and following Council review, award the bid for landscape maintenance of City Parkways; accept TransContinental Factors' request to withdraw their bids due to a computational error and re -award the contracts for the landscape maintenance of Tracts 7673 and 8485 to Toyo Landscaping in the amounts of $6,000 per year and $6,600 per year respectively. Authorize the Mayor and City Clerk to execute the document on behalf of the City. Respectfully submitted, W. D. Murphy' WDM:CSF/rem Encl. trans Antinental factors inc. PECEIVFDox 4119 • san Clemente, California 92672 • phone (714) ASSXX *c 492-2943 492-2622 MAA I a4 PIl'8I O)T'f OF SAN W4N OAPISTR '- March 3, 1981 Ms Cindy Ferguson Administrative Assistant City of San Juan Capistrano 32400 Paseo Adelante San Juan Capistrano, CA 92675 Re: Landscape Maintenance Bids for Tracts Dear Ms Ferguson: I am writing to you relative to the bids submitted by my company for the above -identified areas, and specifically Tracts 7673 and 8485. Upon reanalyzation of our various bids, an error was discovered concern- ing the prevailing rate of per diem wages. The wage determination figure used to compute the submitted bids was taken from the 1979 Labor Code figures rather than the present rate of $5.40 per hour plus holidays. In view of this miscalculation, I respectfully request that the bids sub- mitted for all tracts, numbering six separate bids, be annulled and withdrawn from consideration. Sincerely yours, _IJIANSCONTINENTAL FACTORS INC. Jo Warinner Treasurer Certified Mail F,' D avo.75. P - j N I(0 ► 951 l,a'�cDscrkF�. MFhnt-�►�I�r.1� V��o�,c� 'PP�lZ�I� �-�S 0 1. AWARD OF BID FOR LANDSCAPE MAINTENANCE OF VARIOUS CITY PARKWAYS (TOYO LANDSCAPING) V(38) Written Communications: (74) Report dated March 17, 1981, from the Director of Public Works forwarding the results of the bid opening held on March 16. The one bid received has been determined to be acceptable. Award of Bid: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to award the bid for land- scape maintenance of City parkway areas to Toyo Landscaping Company in the amount of $28,620 annually and to authorize the Mayor and City Clerk to execute the agreement on behalf of the City. -9- 3/17/81 3/711 9 0 AGENDA ITEM March 17, 1981 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract - Landscape Maintenance of Various City Parkways SITUATION Only one bid for the landscape maintenance of various City parkway areas was received Monday, March 16th as per Council direction, from Toyo Landscaping Company in the amount of $28,620 annually. It was reviewed by staff and determined acceptable. Since Toyo Landscaping will be doing other landscape maintenance for the City the award of this contract to them would be advantageous with regard to dealing with only one contractor. Previously we have had several contractors doing this work and it has been difficult at times to coordinate landscaping methods and efforts. FINANCIAL CONSIDERATIONS The costs associated with providing this service are budgeted for in the Public Works Maintenance Specialized Services account. Funds are available for this work. ALTERNATE ACTIONS 1. Approve the bid as submitted and award the contract to Toyo Landscaping in the amount of $28,620 annually. 2. Do not award the contract. 3. Refer to staff for additional information. RECOMMENDATION By motion, approve the bid as submitted and award the contract to Toyo Landscaping Company in the amount of $28,620 annually for the land- scape maintenance of various City parkway areas and authorize the Mayor and City Clerk to execute the document. Respectfully submitted, W �/miM W. D. Murph f WDM:CSF/rem ` FOR CITY COUNCIL AGENDA J010,00Le Vedi- h', 9 For the: BID PROPOSAL Maintenance of Landscapinq_in Various Parkway Areas To the Honorable City Council City of San Juan Capistrano Gentlemen: Bid opening From / a'd LL1 C/J7SCGl�i, la Contractor 01 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 oarkway areas 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 the. basis of corrected totals. It is also understood by Bidder that the City of San Juan Cap- istrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then the enclosed check or bid bond shall be returned to the undersigned within thirty (30) days. If the pro- posal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council, then said check, shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is _ fID 961V P.. (insert "SqS,OJ1c, cash", '"cashier's check", "certified check", or �Ul der's bond" as the case may be) in an amount equal to at least ten percent (10Z) of the total bid. -3- • The following is the name and place. of business company which will furnish the required bonds as work is awarded to the undersigned: 3�6 L 6f -CC) 2�30 / .a tJ4 PPA. IA, 90!.31 of the surety surety if the Licenced in accordance with an act providing for the registration of contractors - - License No. C -7f) 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: 3,1,3 19a I tusiness address C�27v(L -4- • PARKWAY AREAS 1. Del Obispo Stree easterly to Blue Fin Dri Blue Fin La Pluma; 22 Jac panda trees controlled irric =ion. 0 side from southerly city limits Drive on southerly side to Via and ground cover; manually 2. Camino Del Avioi each side, easterly from Del Obispo; 10 Sycamores, 13 Ac :ias, five Peppers; water truck for trees, weed control. 2 ;o, Del Obispo on school side; 23 Sycamores and eight Pear 1 yes; water truck for trees, weed control. 3. Calle Aspero, a side from Del Obispo to Calle Ricardo; 22 Jacarandas a: 22 Peppers; water truck for trees; weed control. 4. East side of Ag ate Road at Estelita to northerly end of street; 12 Ever( en Pear trees, Bougainvillea, three Olives, 17 Bottle Brush 2 Sycamores, and ground cover; manually controlled irri4 ion system; also water truck required. S. a) Del Obispo Sycamores and gi system. Del Ob: Belardes; four ] truck required), b) Del Obispo to Camino Capisi weed control. C) Del Obispo S strano and railr controlled irrig eet at Terraza; 12 nd cover; manually o, north side from rgreen Pear trees, eed control. Evergreen Pears, 26 controlled irrigation Terraza easterly to 13 Sycamores (water eet, north side from Trabuco Creek bridge no; 30 Sycamores (water truck required); eet, traffic island between Camino Capi- .d; 14 Sycamores and ground cover (manually .ion system). 6. Camino Capistran freeway side from San Juan Creek Road southerly 1,500' 57 Liquid Ambers (water truck required); weed control. San Juan Creek Ri .d 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 cover (manually controlled irrigation system). -5- 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, 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. / 'O^ a� TOTAL ANNUAL COSTS $ -2Y f i Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the b>st of his knowledge and that they constitute his proposal for the work called out herein. S� ture-of B dde Address Telephone Number -6- *Revised from 2/25/81 proposal. � I 1 ' F r $572.00 Premium Premium Inncluclu ded (SM1131,li) BOND NO. 008425 FAIT]FUL PERFODWICE 13010 KNOW ALL UN BY THESE PRESENTS: That WHEREAS, The City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to TOYO LANDSCAPING r License No. , hereinafter designated as "Principal," a con- tract for LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF VARIOUS PARKWAY AREAS ; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, TILEREFORE, we, TOMO LANDSCAPING , 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 TWENTY-EIGHP THC[.iSAND SIX HUNDRED TWENTY AND NO/100--------DOLLARS ($28,620.00 ) 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. TILE CONDITION OF THIS 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 according 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 thercundcr, ,shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations or modi- fications of the contract documents or of work to be performed thereunder. � have been duly executed by the Principal on the 31st day of MARCH , 1981 seal of each corporate party being' hcroLu aL'i::cd signed by its undersigned representative pursuant governing body. . TOYO LANDSCAPING and surety herein named, the name and corporate and these presents duly to authority of its PRINCIPAL Byy� By STATE OF CALIFORNIA COUNTY OF ORANGE On this .............. ......... 3Lst.................... _day o£ .... _............. N1112M... _........ ........ .... __..._..__-.._., 19.31 ....... _. before me personally came ............. _....__...... _._._._....._......__..._._ MADFTarntt GFNTRY 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 corporateseal; that it was so affixed by authority granted to him in accor- dance with the By -Laws of t and that he signed his name thereto by like authority. -FI-L FFICIAL SEA' y Pu"cCalifor0i6 TRICIA AMIEL Efon Ex9��es Mey 18, 1964 --••• --•• - - _.... ... - . (Notary Public) 5100-02 suety JaSurance Company o f L'ali jornia 1h0Dillon and Serge Surety.. Box 2430 La Habra, California 90631 HOME OFFICE IN LA HABRA, CALIFORNIA CERTIFIED COPY OF POWER OF ATTORNEY N o..... _3.1.5.0 .................. 1XIow all ~n 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. Dursuant to the following By -Lams which were adopted by the Directors of the said Company on the 9th day of April, 1939 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 Madelaine Gentry mf 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 �o��ipan% s corporate seal to be hereunto affixed this .... .471 ....... ..._..day of ... 39.8. Q.... J� 0- SURETY INSURANCE COMPANY OF CALIFORNIA Cy � INCORPORATED y y� BY ,_....... .. ..... _.......2--.,/,...LGrin........ rilil N JAN. 31, 1969 y• Jo Ptesident S TE CA N co Y1%1fF SS: On thiss tray of.........D.e.C.BI[11J-ex................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 CO9IPANT 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 IN-, 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. ..........V-.t.Y...:. "'�Y`?.1.._._l...l :........_ .--v.-- --. otar...Public LIN OPF1riAL SEAL DAR DAMS Linda R. Davis y (a<2' •!• NOTARY RU5LIC • CAL17ORP11A .e<c ORANGE COUNTY My comm. expires SEP 25, 1934 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 this3lSt..day of- ............. :�?............ ............ 19...$1..... (SEAL) 560.0504 Rev. 12-80) Secretary �.CI.'v:tiYwr .M3YwaY lCv � i:J.�a'!+.Ya�L.L1.YiLWM�x✓u. lY[rFY\W.e:.Yau �re Me....:. ... . . r (SAMPLE) �tdedNo. 008425 LABOR AND MATERIAL BOND KNOW ALL REN BY THESE PRESENTS:% That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has a%a,arded to TOYO LANDSCAPING License No. , hereinafter designated as ,Principal," a contract for LANDSCAPE MAINPENANCE FOR SPECIFIED PORTIONS OF VARIOUS PARKVQAY AREAS ; 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 , Principal, and SURETY INSURANCE COMPANY OF , as surety are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of TWEE v-ETCHT THCUSAND GTx LUMPED T OWY AND N0/100 DOLLARS ($28.620.00 ) , lawful money of the Ignited States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF TIIIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chv: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 give a rirlit of action to them or their assigns in any suit brou;,lit upon this bond. FIIRTl1rR, the said snn•ety, for value received, hereby stipulates and agrees that no chanf+b, extension of time, altera- tion or modification of the contract documents or of the work to be performecl thereundr.r shall in any way affect its obligation on this; bond :uid it docs Hereby waive notice of any such cli:uil;e, ex- tonsion of time, alteration or modification of the contract documents or of work to lie performed thereunder. 4 -20- a SIGNED, SEALED AND DATED THIS 31st DAY OF MARCH ,19-3-L. TOYO LANDSCAPING PRINCIPAL BY: SURETY INSJJRNN CCMPANY O CALIFORNIA BY: VO, Madelafte Gentry 4OF Atto -in-fact STATE OF CALIFORNIA COUNTY OF ORANGE Onthis._ .................... 315:t ............. ........ day of .............. _... __....._....._.._...__......__.__., 19 ... 1 ....... _, before me M. personallycame ..... _...... ._.............. _.._.._.._..._.._.__....._......_---......------�--.....MADFTATNE GEN._......_..._.._.__-_ ............... .... _._................. ..._._..... 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 Putlic-Califorflia - - PATRICIA AMIEL ORANGE COUNTY ......• .. ••.._....... .. .. ........__. My Commission Evolves May 18. 1984 (Notary Public) 5100-02 Surety .insurance Company o f California -Tm oalaw and sante suwiy" Box 2430 La Habra, California 90631 HOME OFFICE IN IA, HABRA, CALIFORNIA CERTIFIED COPY OF POWER OF ATTORNEY Nn ....... 3150.... 1XIow alt' 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 -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 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 ow•n proper persons. auth REOF, Surety Insurance Company of California has caused these presents to be signed by its duly p��.l� s corporate seal to be hereunto affixed this ..._4k1............_day of..__lie.C.2lllbe.]r.__._., 19.8Q_.. �fSURETY INSURANCE COMPANY OF CALIFORNIA �RATED °', 1969 dRN JSS: ay of._.....,De .c.ember...............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 COJIPANY 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 sioggnature as officer were duly- affixed and subscribed to the said instrument by the authority and direction of the said Corporation. and that Article It', 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. ......._.\L..t,v..Y`�....._!.✓...f/..".w .... ... ......._......... c< ora AIR CA i OFFI L SEALAL �• ��Cs FIND D Linda R. Davis Notary Public m Rr cuouc • cAUFORrrA `,a�e ORANGE COUNTY My comm. expires SEP 25, 1984 r+• 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 this ... 3ls�ay of..............:h �.... ........_........ 19sa ..... Secretary (SEAL) _ ....... 560-05-04 (Rev. 12-8�� 0 PROOF OF PUBLICATION (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 DAILY 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, 1860, 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 :................................ March 6 and 13 ----------------------------------------------_....................................... all in the year 19...... I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this 13t.......y of ...... arch...._..-...... 19....-. $� 4.. ... ....... ....` .. ..-.�..... ....`:.. Signature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 San Clemente, Calif. 92672 - Phone 714392-5121 0 This apace is for the County Clerk's Titin` Stamp vtF IVF© Maa 16 1 2� PM'81 oF SAN ,- t0j Proof of Publication of NOTIBE INVITING BIDS NOTICE OF TRANSMITT10- LEGAL PUBLICATIONS TO: DAILY SUN -POST Helen Nielsen, Legal FOR PUBLICATION ON: FRIDAY, MARCH 6, 1981 and FRIDAY, MARCH 13, 1981 DOCUMENT(S) TO BE PUBLISHED: NOTICE INVITING BIDS - MAINTENANCE OF LANDSCAPING IN VARIOUS PARKWAY AREAS PROOF O$ PUBLICATION: Please send to: Office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: DATE: March 4, 1981 Date of Bid Opening 3/16/81 Date(s) notice published 3/6/81 and 3/13/81 Date affidavit received Date notice posted in designated posting places (3) 3/6/81 Date notice(s) posted on property n/a Date of mailing notices to property -owners n/a i NOTICE INVITING BIDS MAINTENANCE OF LANDSCAPING IN VARIOUS PARKWAY AREAS Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the P.M. on the 16th _ clay or March . 19R1 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: March 4, 1981 ITY CL CITY OF'SAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA NOTICE. INVITING BIDS Public ::otic i hereby given that the City Council of the City of San Juan Capistrano will up to 2:00 P.M. on the 25th day of Pebruary 1981 , receive sealed proposals or bids for the maintenance of landscaping in various parkwav 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 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 Departme of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. -1- • 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 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 reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. -2- Ar,FnIDA TTFM 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, 6 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 oroposals were for various City parks, various City parkways, and individual Landscape Maintenance Districts. The bids for narks were as follows: Toyo Landscaping $33,000 annually Transcontinental Factors 39,200 " 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 6,000 " 4,800 " 7,800 " 6,600 4,800 " 17,160 12,000 15,600 No bid 6,780 " 10,200 No bid " 14,400 " 14,400 " Toyo Landscaping Transcontinental Factors Tract 8485 South Coast Gardening Toyo Landscaninq Transcontinental Factors Tract 9382 South Coast Gardening Toyo Landscaping Transcontinental Factors Tract 9284 South Coast Gardening Toyo Landscaping Transcontinental Factors Tract 9373 South Coast Gardening Toyo Landsca*inq Transcontinental Factors $8,880 annually 6,000 " 4,800 " 7,800 " 6,600 4,800 " 17,160 12,000 15,600 No bid 6,780 " 10,200 No bid " 14,400 " 14,400 " 0 0 Award of Contracts for Landscape .!aintenance March 3, 1981 Page 2 Tract 7654 South Coast Gardening $ No bid Toyo Landscaping 12,600 annually Transcontinental Factors 19,896 It 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. INANCIAL 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, -- �;y). W. D. Murpfi,+ y WDM:CSF/rem 1\ Afi 12400 PASEO ADELANTO SAN JU1AN CAPISTRANO. CALIFORNIA 92675 PHONE 497.1171 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, 8485, 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. MAII /ha Enclosures Thank you for your cooperation. Very truly yours, rly"e_ --- MARY AN ANOV R, CMC City Clerk cc: California Landscaping Kathy Holmes Michael Lopez Plant Control Corp. Patricia Staudcrbaur Maryann Pette Paul Wod(Iel Kathy Itzel Mike Tulmnsoff Jim Young Charles D. Davis Dennis Itaehn Robert Bancroft Richard Kopp Paul Stubbs Director of Public Works NA41 AN: .%I': hl f I . WESTERN COMMERCIAL INSURANCE AGENCY COMPANIES AFFORDING COVERAGES 1850 E. 17th Street, Suite 210 Santa Ana, California 92701 COTTER"Y A FREMONT INDEMNITY COMPANY COMPANY LETTF H 1 NAME nN0 AITIe OF IN, -IRF T'. t TOYO LANDSCAPING COMPANY COMPANY C LETTER Pp 225 South Newhope Avenue Santa Ana, California 92704 °TTER"Y COMPANY LETTER This is to certify that pohcles 01 insurance listed below have been Issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of Any contract or other doalment with respect to which this certificate may be Issued or may pertai,;, the insurance afforded by the policies described herein is subject to all the terms. exclusions and conditions or such policies. Limits of Liability in Thousands (000) CnMPANY LEI RH TYPE Of INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE ' OCCURRENCE GENERAL LIABILITY BODILY INJURY $ S ❑ COMPPFHENSNF fOP%l ❑ PREMISES- OPERATIONS PROPERTY DAMAGE 5 $ t AND OOLLAPSF ❑ FXHLOAI OI ❑ UNDERGRPUNO HAZARD ❑ PRODJCI'-'coMPLEr EO .tPUWJ'NS ,IAHD ZA ElCONTRACJAL BODILY INJURY AND INSURANCE - PROPERTY DAMAGE $ $ ❑ BRpAD fORM PPI)PfRTY COMBINED DAMAGE ❑ INDEPINOENT CONTRACTOR_ ❑ Pf RfrJNAL INJURY PERSONAL INJURY 5 I 1 AUTOMOBILE LIABILITY BODILY INJURY'—"'� (EACH PERSON) 5 I ❑ i COFAPREHENSIVE FORM ❑ BODILY INJURY (EACH ACCIDENT) b OWNFO PROPERTY DAMAGE ❑ $ BODILY INJURY AND NON J CN -CANT P PROPERTY DAMAGE $ COMBINED —F _ EXCESS LIABILITY BODILYElPROPS INJURYAND IJMHNIIIA fORM PROPERTY DAMAGE ❑ nTHf R THAN UMPREtLA COMBINED IUPM j A WORK ERS'COMPE NSATION an WP -80-136238 STATUTORY ` 8/1/81_....._-_ _-_-_.._.,....: 52,000 EMPLOYEES' LIABILITY OTHER 1)((WPIION OF DPf RAIlUN11 UCAlIONSNf HT LIO ALL OPERATIONS Cancellation: Shnuld any r,f +he ab,rv,' aercrli ed pol,cles be c,:ncelled before the expiration date thereof, the Issuing Com- panv wall XXXXXXXX- IT 3,j.Iy,, %ritf 'r neir:o tO the hclow named certrtjcate. holder.XXXXXXXXXX— XXXXXXXXXX%XXXXXXXXXXXXXY.XXXXXXXXXX%X%%XXXXXXXXXXXXXXXXXXXXX NAMI nNI'AI q,PI ".,p,l Rlll if ATI, F,INA March 27 191 SAN JUAN CAPISTRANO DATE IssDEO_a__ 32400 Paseo Adelanto San Juan Capistrano, California 92675 _ ATTENTION: Mary Ann Hanover, City Clerk J inl Iawaeoae AQeacy A(,// /�%%ClC7U1 32400 PASEO AOELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 PHONE 493.11]) r March kg", 1981 70 Toyo Landscaping 225 South Newhope Avenue Santa Ana, California 92704 Re: Award of Contract - Landscape Maintenance, Various City Parkways Gentlemen: At their meeting of March 17, 1981, the City Council awarded the contract for landscape maintenance for specified portions of various City parkway areas to your company at an annual cost of $28,620. 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 Page 14 of the bid document which cites 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 further help, please do not hesitate to call. Thank you for your cooperation. Very truly yours, MARY ANN HANOVER, CMC City Clerk MAH:ol Enclosures cc: Director of Public Works 0 • ry RECEIVED PRIVAILiNG WAGE DETERMINATION MADE BY THE' DIRIrR)R FEB 6 L 1Q P�0�I IIND sTRTAI, RFTATIONS PURSUPHT' TO CAF,IFORNIA LABOR CODF, fEe PART 7, cHAI'PER 1, ARTICLE 2, SECTIOrIS 1770, 1773 AND 1773.1 GIT'{ OF $ A N JitAt+ Determination: 5-81-19 nr L, S `issue date: February 6, 1981 Craft: landscape DIaintenance Tsahorer Project: This prevailing wage determination is being issue] pursuant to the request by the City of San Juan Gapistrano 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 Basic straight -time Classification hourly rate Landscape Maintenance Lsborer' $4.98 `r Applies only to landscape maintenance, including but not limited to mowing, watering, pruning, trijrming, weeding, spraying, occasional planting and replacement of plants, servicing of irrigation and sprinkler systens, repairing of equipnent used in such landscape maintenance, and perEorminq 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). Employer payments (Tabor Coc1e Section 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 Tn1v)r (,(le, "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 ccigDensation for all hours worked in excess of 8 hours per day at not less than 11% tunes the basic rate of pay." Recognize holidays: New Year's Day, Washington's Birthday, Memorial Thy, In-JLpeuvlence rey, labor rxay, Columbus TTFiy, Veterans' Day, Thanksgiving Day and Christmas Day. SAN JLA% APl'£<<: - AHONC 14] 1171 March 12, 1981 Clark E. Green Green's Gardening & Landscaping 28051 Via del Cerro San Juan Capistrano, California 92675 Re: Landscape Maintenance - Parkway Areas Dear Mr. Green: At their meeting of March 3, 1981,, the City Council rejected all bids received for the landscape maintenance of various parkway areas in the City. In conjunction with the rejection of bids, staff was authorized to readvertise and a bid opening date of March 16, 1981, at 2:00 P.M., has been scheduled. Enclosed please find your Cashier's Check in the amount of $2,142.00 from Brentwood Savings and Loan Association, submitted as the bid bond for the above-mentioned project. Thank you for submitting your bid to the City. Very truly yours, MARY ANN HANOVER, CMC City Clerk MAH/cdc Enclosure cc: Director of Public Works Received this ,& day of March, 1981, Cashier's Check in the amount of $2,142.00 from Brentwood Savings and Loan Association. Clark E. Green w Ho,titeurr,c EL�c w9..�_.� ��,�..mer +ulrlwra.y LO3 ANGELES, CA GAl ONRI90000 49 PATE r, PAY cK 1 3 is `d i i>i CIS a I�v i""' -;:3. � i,^3 t., _ ,. TO THE *****CITY S ♦**** G I`F2•VL"`c ORDER OF CTTY OF "AN JUAN CAPI�TRANO RE:Gree ^n'8 Gardening BRENTWOOD SAVINGS AND LOAN ASSOCIATION i WD/BNa N•3 700 26601" 1:122000 2 181:17791389511' 11 u+[twPoo ovv¢[: UNITED CALIFORNIA BANK, nus +mow v.cswr+ uvo., w+ w[.+moo, cw xax Pay to the order of Clark r. Green, Green's Gardening & Landscaping City of San Juan Capistrano by,�.z,` Mary Ann anover � — Deputy Cit City Clerk Y Treasurer s�s F s 32400 PAbEO ADGIAN rO SAP JUAN CAPISTRANO, CAL, O,,N�A 92675 ` PHONC 233 117T Robert Hooper South Coast Gardening P. O. Box 303 San Juan Capistrano, March 12, 1981 Service California 92693 Re: Landscape Maintenance - Parkway Areas Dear Mr. Hooper: At their meeting of March 3, 1981, the City Council rejected all bids received for the landscape maintenance of various parkway areas in the City. In conjunction with the rejection of bids, staff was authorized to readvertise and a bid opening date of March 16, 1981, at 2:00 P.M., has been scheduled. Enclosed please find your Cashier's Check in the amount of $1,980.00 from Capistrano National Bank, submitted as the bid bond for the above-mentioned project. Thank you for submitting your bid to the City. Very truly.yours, MARY ANN 'HANOVER, CMC City Clerk MAH/cdc Enclosure cc: Director of Public Works Received this 13th day of March, 1981, Cashier's Check in the a7unt of $11,980.00 from Capistrano National Bank. Robrt Hooper \. 36 1ti L!!!��_INNTTONAL BAN�V, 2-25- 19 T-, PAY TO THE ORE)FP OF City of San 'Iuan Capistrano DOLLARS' CASHIE.R'S CHECK 11*0 3 69 12 ile ul: 12 2 2 3 S 6 C391: 181 9 S S 0 2 0 Pay to the orler of Robert Hooper, South Coast Gardening Service City of San Juan Capistrano by Mary Ann ydnover, City Clerk/ Deputy City Treasurer LRNDS[ - 4-41 s® fe MAIMTEMANCE wE�, Lia asp ig$ '•Yym; Llai. 3�rb0cf IN 1/AR1ouS TAKKWA`l AREAS BIDDER AMOUNT oma �`�_. zee o N b (11 N cylco� V a m C,` D Z Z OlCD C'S �:ECO) .._ Ny0 A 4 CD �vDZ A fp G) tn=] _) n H O d ? H O Q ro 7J x � n y k H H h7 O En z 3 7 T T n rn m rn H90 co O I J CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA SPECIFICATIONS & CONTRACT DOCUMENTS FOR THE MAINTENANCE OF LANDSCAPING IN :7� VARIOUS PARKWAY AREAS 7 Ll l 1 CITY COUNCIL GARY L. HAUSDORFER, MAYOR ANTHONY BLAND PHILLIP R. SCHWARTZE LARRY BUCHHEIM KENNETH E. FRIESS W. D. Murphy , DIRECTOR OF PUBLIC WORKS March 1981 0 CONTRACT DOCUMENTS TABLE OF CONTENTS 0 NOTICE INVITING BIDS...... ......... ................... 1 BIDPROPOSAL .......................................... 3 NON -COLLUSION AFFIDAVIT ............................... 8 INSTRUCTION TO BIDDERS ................................ 9 AGREEMENT............................................. 12 BIDBOND .............................................. 18 FAITHFUL PERFORMANCE BOND ............................. 19 LABOR AND MATERIAL BOND ............................... 20 GENERAL PROVISIONS .................................... 21 NON -COLLO M; AFFIDAVIT TO BE EY,ECUIV BY - BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) County of ) ss. being first duly sworn deposes and says that )ie is of the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly Colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bidder, or to fix the bid price of .or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other 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 , 19 Notary Public in and for said County and State -8- • • INSTRUCTION PO BIDDERS r;Securing Documents. 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 fork. The bidder is required to examine the site of work, the proposal, and the specifications very carefully. lie shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. Disqualification of Bidders. No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a•sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals. Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within -these specifications; all bid items shall be properly filled out, and the signatures of all persons signing shall be in longhand. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recap i.tulation 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 responsibiliLy, technical ability, equihmcnt and refercnccs properly and fully filled out. E. Each bidder must accompany his bid ca th cil.iher a cashier's chock upon ::o:n.* respon::.ib.lc bank, or a properly curtificd check upon such baud;, or an appro%,ecl corporate surety hond payable to the City for such -1 sum of not- lost: than ten (10) -9- percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by ( the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. 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 doing any work of any kind. Withdrawl of Bids. Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. opening of Bid Proposals. The City will, in open session, publicly open, examine, and declare the bids at the time set forth in the "Notice Inviting Bids." Bidders or their authorized representatives are invited to be present. Intcrvi.cw of Bidders If deemed necessary, the three lowest biddors will be requested to appear for inLervicw before the Director of Public Works or his authorized representat.i.vc. Awar.l of Contract or. Rc vS tion of Bids. No b.id0c,r may withdraw his bid for a period of forty-five (45) clays after the date sct. for tho oponing of bids. The contract for the work will cithor bo aw.irk:od or th , bid:; re-jected within tile. forty-five (45) days t ;from the dito ret: for Lh: ohcning of biJL;. -10- The contract• for the work will be awarded to the lowest responsible bidder Complying %%ith these i.u:cLrucLions and with Lhe "Notice Inviting Bids." The City, ho'.aever, reserves tho right to reject any.or all bids _.•.and to waive any nonconformity in the bids received. The bidder to whom the award is made shall execute a Written Contract with the City and furnish the stipulated bonds within 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 male 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 avard 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 p_u:ty to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer sir_,ning 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 (lOG-) of the total zitaounL payable by the terns of the contract and a Faithful rerf-ormance Bond in a sum not less than one hundred percent (100J) of the amount of the contract. Said bond_: shall. be secured from a surety company satisfactory to the City. 'Surety companies, to be acceptable to the City, must be authorized to do business in the State of California and be on the accredited list of the United States Treasury. Time of Performance. The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently prosecuted for a period of twelve (12) months. Assig nmene of Contract. No assignment by the Contractor of any contract to be entered 'nto hereunder or any part-. thereof, or of funds to bo received thereunder by the Contractor, will. bo recognized by the awarding authority and the surety has bean given notice of such assignment in writing and has con- sented thol,vto ill writing. hnrkt•.len and t•;aoes. Attention it; .1;po:i.fically dirccLod to all provisions of the Labor Codo of th.- State. M' .caij forn.ia uith roctard to worf,.:w n and %-.-ages. kayos not be less than prevailing wage rates determined by the CITY pursuant to said Code and as listed in the "NOTICE. INVITING BIDS." -11- • (SAMPLE) BID BOND 40 KNOW ALL A'JiN BY THESE PRESENTS, that we, , as Principal, and existing under the laws of the State of , and whose principal office Is located in the City of , as surety are jointly and severally bound unto the CITY OF SAN JUAN CAPISTRANO of Orange County, California, in.the sum of DOLLARS ($ ), lawful. money of the United States of America to be paid to the said CITY OF SAN JUAN CAPISTRANO, for which payment well and truly to be made, we bind ourselves, our heirs, successors, executors, adminis- trators and assigns, jointly and severally, by these presents. ME CONDITION OF TIiIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 19 , for the construction of for the CITY OF SAN JUAN CAPISTRANO, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall within fifteen (15) days after the agreement has been presented to him for execution enter into a written_ contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materi- almeu, 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 work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS WFEREOF the above -bounden parties have executed' this instrument under their several seals this day of 19 , the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (if individual) ATTEMT (if corporation) Title Corporate Seal ATTEST Titlo Corporate Seal 18 - PRINCIPAL LM Title. SURETY By Title • .GENERAL PROVISIONS ' A. Turf Grass 1. All ?awn areas are to be mowed weekly, or as -needed to maintain the height specified below and borders neatly edged. Trim around sprinkler heads as needed to provide maximum water coverage. Trim around planters. Remove and dispose of all cuttings. Mow to the following height: Bermuda 1/2" to 1" • Bluegrass 1-3/4" to 2-1/4" 24 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. 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. ta. 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. -21- 7. A broad spectrum fungicide (such as Actidone RZ) shall be applied to all bluegrass turf at the preventive rate beginning April 1 each year. Additional appli- cations shall -be made at the curative rate as necessary throughout the year. B. Slope Care 1. Ground cover (grass, herbaceous plants) ;a. Irrigate as,required to maintain a reasonable. appearance. b. Fertilization: 1. Iceplant areas shall be fertilized when recommended by the Director of Public Works or his authorized representative with the rate of each application to be one 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 snail$, 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- 1 Additional weed control shall be initiated 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. S. Stake and support trees when necessary. 6. Stakes and ties will be placed so no chafing of bark occurs. Remove as soon as no longer needed. 7. All guys and ties shall be checked frequently to avoid girdling. 8. Applications of an iron chelate fertilizer shall be used as needed throughout the year, where necessary to maintain healthy, vigorous growth and good foliage color. 9. Irrigate as required to maintain adequate growth rate appearance. -23- $. Irrigation System • • 1. The CONTRACTOR shall maintain the complete'sprinkler System in an operable condition. 2. Repair and adjust all sprinkler heads to maintain proper coverage. 3. Adjust water application to compensate for changes in weather.. CONTRACTOR will be responsible for damages occurring due to under-..atering or over - .watering. 4'. All replacements to be with original type material or substitutes approved by the CITY. 5. Repair or replacement of equipment damaged as a result of CONTRACTOR'S negligence shall be replaced at the CONTRACTOR'S expense. 6. Damage not resulting from CONTRACTOR'S negligence will be reported promptly to the CITY, together with an estimate of costs for correction of the condition. 7. All systems to be operationally checked a minimum of once a week. S.Irrigation of park will be accomplished between 10:00 p.m. and 3:00 a.m., subject. to change by CITY. 9. Irrigation by water truck will be accomplished during daylight hours and no less than bi-monthly, or as directed. 10. A minimum 500 gallon capacity tank 'is required. F. Common Seating Areas 1. Sweep, clean and remove debris a minimum of once a week. 2. Inspect and check all benches and equipment for vandalism and safety hazards; make minor repairs and report major damage to CITY.• 3. Maintain concrete areas by hosing off sand and base materials a minimum of once a week. 4. Immediately remove all broken glass and any sharp objects. -24- 0 G. Restrooms 0 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 e:ith 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. 6. CONTRACTOR is required as part of this Agreement to furnish all materials necessary to accomplish maintenance in accordance with the foregoing specifications except fertilizer, which will be available at Corporation Yard, 32400 Paseo Adelanto, San Juan Capistrano. -25- I. CONTRACT• is further requited to sfock high usage items for repair of irrigation systems. CONTRACTOR will be reimbursed•the wholesale cost of such materials and parts upon presentation of properly itemized invoices. Any other types of materials required to be furnished will be considered as extra work (see Exhibit I, H), 9. CONTRACTOR is required to maintain an office in Orange County and provide the office with phone 'service during normal working hours. If a telephone answering service is utilized, the answering service shall be capable of contacting CONTRACTOR by radio or pager. CON2RACTOR 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.• Extra Work 1. Extra work will not be performed without prior approval by CITY unless a condition exists wherein it appears -26- , i • there iAdanger of injury ,to persole or damage to property. 2.. Extra work may be required by the CITY as a result of acts of God, vandalism, theft, civil disturbances or accidents. $. 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. -27- �s guy PLA [40lmsNb SPEC IFIC[AT 1014S F pre b6-�_ (�i1�S����PE Tentative Contract ?Award Dates 0 NOTICE. INVITING BIDS � � Public ::otic_ i.3 liereby given that the City Council of the City of San Juan Capistrano will up to 2:00 P.M. on the 16th day of March 1991 , receive sealed proposals or bids for the maintenance of landscapinq in various parkwav 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 .ill 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 n/a A.M. on the n/a day of n/a 19n/a, 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 recive 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 ^NIAT, 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 Departme of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. -1- Copies of the specifications are on file in 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 March , 19 81. MAR�tN .A OVER, 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 (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. -2- FED. p as r"a LAN.WP',KD SPECiFiCATIOnS Llkt.'Rs�APE_M tAk_tK_f_ — VA-Kimk5 PAIPZKw Tentative Contract Award Date: NIAME 1 �iof LL(_t4 Ik t41 W. Avc.-Phum oQ G9 s.c. 9672 1+ I"p JL --I C)q 0 tZS I UC 3 ()3 P,O.e>zvc.Z,301 _770-IpSI'7SIO___ IAM&�O Ot Lka PROOF OF PUBLICATION (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 DAILY published.................................................. I................... .................................... 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, 1460, 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 17thof February181da_..........-......., ...... Signature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 i Clemente, Calif. 92672 - Phone 714492-5121 This apaceis 3br the County (lack's Iliac Stamp RECEIVED FEB 19 1 30 PM'81 Proof of Publication of NOTICE INVITING BIDS NOTICE OF TRANSMITT*- LEGAL PUBLICATIONS TO: DAILY SUN -POST Helen Nielsen, Legal FOR PUBLICATION ON: DOCUMENT(S) TO BE PUBLISHED: 0 TUESDAY, FEBRUARY 10, 1981 AND TUESDAY, FEBRUARY 17, 1981 NOTICE INVITING BIDS - MAINTENANCE OF LANDSCAPING IN VARIOUS PARKWAY AREAS 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 1 1 0 0 NOTICE INVITING BI MAINTENANCE OF LANDSCAPING IN VARIOUS 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 parkway areas in the City until 2:00 P.M. on the 25th day of F b Hary 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 CITY CLE CITY OF AN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA NOTICE INVITING BIDS Public ::otic is hereby given that the City Council of the City of San Juan Capistrano will up to 2:00 P.M. on the 25th day of February 2981 , receive sealed proposals or bids for the maintenance of landscaping in various parkway areas 1n -accordance with the approved specifications on file in the office of the City Clerk of the City of San Juan Capistrano, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. Bids will be received until the time hereinbefore indicated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accom- panied by a certified check, cash, cashier's check or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 25 days after the written notice that said contract has been awarded to 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 HERrBY NOTIFIED "INAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. -1- Copies of the specifications are on file 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 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 reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. -2- 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: Parks: Cook, Junipero Serra, Descanso, E1 Camino Real, Mini Park, and Mission Bell. V 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 authorize call for bids for Land- Scape Maintenance Contracts on specified districts, parks and parkways. 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, la .urp W. D.. Murp ^ wDM:CSF/rem FOR C lyCOUNCIL AGENDA ••