Loading...
1982-0406_TOYO LANDSCAPING CO_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 6th day of April , 19 82, between the City of San Juan Capisr L , hereinafter referred to as "CITY" and Toyo Landscaping Company , hereinafter referred to as "CONTRACTOR" for andscape 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 on the 6th day of April 19 82, and shall remain and continue :. n effect for a period of twelve (12) months thereafter subject to extension or termination as described in Section 13 or Section 14. SECTION 2. MAINTENANCE: Maintenance shall include but not be limited to slopes, parkways and other specified areas in above referenced tracts. CONTRACTOR may be required to perform extra work as deemed necessary by the Director of Public Works. SECTION 3. MEASUREMENT AND PAYMENT: CONTRACTOR shall agree to provide all necessary labor, machinery, tools, equipment and all other utility and transportation services required to per- form the landscape maintenance in the manner specified herein for the following consideration: SPECIFIED AREAS IN VARIOUS PARKWAY AREAS TOTAL MONTHLY COSTS $ 3,200.0.0 TOTAL ANNUAL COSTS $ 38,400.00 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. ork to be performed arc ;reculent by. reference. GENERAL PMVISTONS: Genera lorovisions for the - Coil LaInCd hecontained heroin and are made a part of this SECTION 5. EQUIPMENT, LABOR ANT) PREVAILING WAGES: WTRACTOTt shall use and furnish at his own cr.pcniL- all labor and equip - ant nece:.sary for the satisfactory performance of the wort: set forth 1 this contract. 1. Eight hours constitutes a legal' day's work. The time worked by ach workman c:rployed in the execution of: the agreement by CONTRACTOR or 1y subcontractor under hint is limited and restricted to eight hours in ay one calendar clay and 40 hours in any one calendar trek. Work per- ornled in excess of eight hours per day shall Le permitted upon compen- ttion at not less than one and one half times the basic rate of pay as 'ovidecl in Section 1815, California Labor Code. THE CONTIUiCTOR and all subcontractors shall keep accurate !cords shotring the lame and hours worked each calendar day and calendar eek by each workman in accordance with Section 1812, California Labor -5de. .In the performance of the terms of the Agreement, CONTPICTOR Agrees that he will not engage in nor permit such subcontractors as he 3y -employ from engacing in discri-mination in employment of persons macause of race, color, national origin, ancestry, or religion. Pursuant to Section 1771 of the Labor Cede, COIdT2iCTOR is _squired to pay the general prevailing rate of per diem %cages for each laborer or workman performing any work under this contract. SECTION G. CONTROL OF WOMi: The Director of Public Works, or his authorized represelltatives, shall decide all questions which may -rise as to the manner of performance and rate of progress of the work; 11 questions :.s to the acceptable fulfillulent of the contract on the part of the C0:1T:.ACTO1; all questions as to the interpretation of the mpecifications; and all questions as to compensation. His decision hall be finny and he shall.11ave authority to enforce and make e=fective ouch decisions. :ilicn condition of a maintained area is determined by Director to be substandard clue to inadequate or improper maintenance, onthly t»}•cacnt ray be withhold until such condition is resolved to the -atisfaeticll of the Director. SECTION 7. PF.OSrCUTTON OF W.O K: The CONTRACTOR shall. begin inintai.ninq landac.aping%:it.lii_i neon (15)days after the execution of the agr.,.`;re:lt by the CITY and ;11111 diligently prosecute the same until ''.he tc'l::aill.11iUil o the agrcomont. SECTION S. CONT A T_ rONDS: Prior to tllo date of execution Of thi:: by CITY, CONT::ACTW, ::ll:11. dol:%,sit %C1t11 tile. CIpy .a .Urket.y bol,.l to noculre t•.ho faitliful vorcormance of this contract and a 4helllrati han,l to ;:;•c•urc• parr..cnt of per. --on!; perfor:ain.7 labor and furui:11111(J .mafrrial:: in ccmn`ct.ion kith this: contract, each boml shall. be ill H10 nllvullt. cu Itot. 1esn than Pur 1111lidreQ J%!rccnt (1011".) of the amount. of this _antract. -13— Li c The contractor shall perform his work in accordance with the Standard snecifications for public works Construction, 1979 Edition, hereinafter rererred 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 `raithful 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" r� I The amounts and provisions of insurance are modified to be: , Bodily Injury Bodily Injury Bodily Injury Property Damage Property Damage Property Damage Property Damace Property Damage $ 500,000 $ 11000,000 $ 1,000,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 each person each accident aggregate products each accident aggregate operations aggregate protection aggregate products 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 cam- pensation because of the requirement for greater amounts ,.Of insurance, as an element to be considered by the con- tractor in determining his bid. 0 SECTION 9 - Deleted SECTION 10 =Deleted 0• SECTION 11. SArETY: CONTR:.CTOR agrees to perform all work outlined in this contract in such manner as to meet all accepted Stan- dards for safe practices during operations and to maintain safe conditions of premises and ways at all times, including safely stored equipMont, machines, materials or debris, protecLed excavations, or bLher hazards Consequen�ial or related to his work; and agrees additionally to accept the sole responsibility for -complying with all. applicable local, County,. State or other legal requirements including but hot limited to full Compliance with the intents and terms of the applicable OSI.A and Cal; OSTIA safety orders at all times, so as to protect all persons, including CONTRACTOR employee-, agents of CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. Crimes, thefts, vandalisms, hazards, etc. shall be initially reported by phone followed by confirmation in writing to the Director of Public Works or his representatives. SECTION 12. INDMINUTY PROVISION: The CONTRACTOR shall be responsible from the time of the beginning of operations, for all. injury or damage of any kind resulting from said operations to persons or property regardless of who may be the owner of the property. In addition to the liability imposed upon the CONTP CTOR on account of personal injury (including death) o*r property damage suffered through the COXMACTOi:'S nogligcnco, which liability is not impaired or other- wise affected hereunder., the CCUTr.ICTCR assumes the obligation to save the CITY har-len-n and to indemnify the CITY from every expense, liabi_lit; or payment arisinq out of or through injury (including death) to any person or persons or d:emagc to property (regardless. of who may be the owner of the p1:op::i:ty) of any place in which work is locatei, arisincj out of or sutrcrcd through any act or omission of the CONTRACTOR or any or anyone directly or incli rectly employed by or undt->r tho r oorvir:ion of any or them in the prosecution of the oporations includ:d in this cont.ract•. M -1.5- 66 t 0 SECTION 13. CONTRACT EXTENSION: In the event CONTRACTOR bias 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 notwitnstand.ng, 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 ;hall 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. •CITY OF SAN JUAN CAPISTRANO Sy HILI R. SCWNARTZE, YOP, Dated:7� , /may CONTRACTOR • T?VO LANDSCAPING COMPANY -16- w ATTEST: {I33V11433A • N i ��RY HANOVER, CITY CLERK APPROVED AS TO FORM: 7 S S. OKAZAKI, ClY ATTORNEY STATE 'OF CALIFOR-IIA ) COUNTY OF ORANGE I 'CITY OF SAN JUAN CAPISTRANO ) j MARY ANN HANOVER, City Clerk of the City of San Juan , Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct cony of the Agreement for Maintenance of Land- scaping in various .Park SitesandParkway Areas executed by the Mayor of the City Council of the City of San Juan Capistrano, California. 1 4MRY ANN OVER, CITY CLERK. . Bond No. AC00 6421 (SAPremium: $768.00 FAIT] FUL PERFOPv'" ME DOM KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, The City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to TOYO LANDSCAPING COMPANv , License No. , hereinafter designated as "Principal," a con- tract for landscape maintenance of spPeified nnnfin— of var-jous and parkway areas. WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said contract. NOW TIiEREFORE we, TOYO LANDSCAPING COMPANY , as Principal, and ALLIED VIDELITY INSbRANC , as surety, are held and firmly ,bound unto the City of San Juan Capistrano, a municipal corporation of -Orange County, California, in the penal sum of THIRTY EIGHT THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($38,400.00 ) 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. TIS CONDITION OF TRIS OBLIGATION is such that, if the hereby bounden Principal, his or its heirs, executors, administrators, succes- sors.or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said contract and any alteration thereof, made as therein provided, all within the time and manner therein designated and in all respects 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 chan1ge, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations or modi- fications of the contract documents or of work to be performed thereunder. r . IN WITNESS W1UEI'JiOF three (3) identlical Instrument, each of which shall for all purposes ._thereof, have been duly executed by the Principal On the a3rd day of APRIL , 19_ 82 , :-I goal of cath corporals Darty being hereto affixed signed by its undersigned representative pursuant governing body. ti counterparts of this be deemed an original and surety herein named, the name and corporate and these presents• duly to authority of its TOYO LANDSCAPING COMPANY P1tINC7 )'1L • By,/ By ALLIED 5fDELITY INSURANCE CO. Ulu -.Ty -19-MHfitVCW. WATSON, By - -FACT STATE OF California ) COUNTY OF Orange 3 On this___...-_ 2 rd _ day of April , 19 82 ...—, before me personally came_Jmnnny21- MAtcnn to be known, who being by me duly sworn, did depose and say: that he is Attorney -in -Fact of ALLIED FIDELITY INSURANCE CO. the Corporation described in and which executed the foregoing instrument; that he (mows 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. - --------------------------------- 41-My oFEIaAL seal LAU%IE S. EPNERNotary Public - C�idorniaO[�ry bGC)ORANGE COUhAi iLhUR1E B. EP� Commission Expues March 9, 1984 1 - ! s 510"1 (SAMPLE) Premium Included Bond No. AC00 6421 Premium included in charge for Performance Bond. LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That W}IEREAS, the City of San Juan Capistrano, a municipal Corporation of Orange County, California, has awarded to TOMO LANDSCAPING COMPANY License No. , hereinafter designated as "Principal," a contract forlandscape mainten. of specified portions of various parkway arPac • 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. N01Y, THEREFORE • we TOYO LANDSCAPING COMPANY , Principal, and ALLIED FfDELI 0. , as surety �aoirlee Cheenldlfirmly bound unto the City of San Juan Capistrano, a HUNll. . AND corporation, in Xhe p00 al sum of THIRTY EIGHT THOUSAND FOUR QLARS ($� ), 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. MIE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors .or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor dcne thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this, bond and also in c:+se suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to rive a right of action to them or thci: assigns in any suit breaght upon this bond. FURTlIrTt, the said surety, foi value received, hereby stipulates and a�-rccs that no chane, extension of time, altcra- tion or modification of tho contract documents or of the work to bo performed tlu•rcundo r shall it, any way affect its obligation on this bond and i L doer: hereby waive notice of ally such chan,;e, e x- tenSien of tiun•, alteration or modification of the contract documents Or of work to he performed thereunder. -20- ALLIED F&ELITY INSURANCOCO. 6320 North Rucker Road • Indianapolis, Indiana 46220 AC N° 006421 POWER�IAWRNEY KNOW ALL MEN BY THESE PRESENTS: That trris Power -of -Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF TUN-AGRIS .tUTI�" a� R AND THE LIABILITY OF THE COMPANY, HEREIN. ; 7 THE AUTHORITY OF -THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALy�NVT, * *FOUR HUN !",` l�af)tIIIARS***_ E F MORE THAN ONE POWER VOIDS THE BOND ALLIED FIDELITY INSURANCE CO., an Indiana corporation, having its principal office in the City of Indianapolis, State of Indiana, does hereby make, constitute and appoint: Johnny M, Watson in the City of Anaheim , County of Orange , state of Calif . its true and lawful attorney-in-fact, at naheim , in the State of 12l�r.— to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, and undertakings in behalf of court fiduciaries, who under the jurisdiction of a court, administer property held in trust; public official bonds; license and permit bonds; tax, lien, and miscellaneous bonds; required by Federal, State, County, Municipal Authority, or other obligees, provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power not valid unless used before December 31, 1985 The acknowledgment and execution of any such document by the said Attorney -In -Fact shall be as binding upon the Com- pany as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following By -Law adopted by the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the 5th day of September, 1969. "Article V. Section 12, The Pre3ident shall have power and authority to appoint, or delegate to other Corporate Officers, the appointment of ... Attorney(s)-in-Fact, and authorize them to execute, on behalf of the Company as Surety, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof; and he may at any time in his judgment remove any such appointee(s) and revoke the authority given to them; and with respect to any Certified Copy of any Power of Attorney, the signatures of any issuing or attesting officer, and the seal of the Company, may be affix- ed to such Power of Attorney or to any certificate relating thereto, by facsimile: and such facsimile signatures and facsimile seals shall be valid and binding on the Company, in the future, with respect to any bond, undertaking or instrument of suretyship, to which it is attached." IN WITNESS WHEREOF, Allied Fidelity Insurance Co. has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 25th day of November, 1980. ALLIED FIDELITY INSURANCE CO. OE \\V IFS,j' yf W S$l4i BY Secretary President THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES STATE OF INDIANA SS: COUNTY OF MARION On this 25th day of November, 1980, before me a Notary Public, personally appeared H.O. CROQUART and T. L. EADS, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Secretary of the said ALLIED FIDELITY INSURANCE CO. and acknowledged said instrument to be the voluntary act and deed of said Corporation. Notary Public, Marion County, Indiana My Commission Expires: March 9, 1983 Y�,4� Ues,"'t" Notary Public1. ONLY ONE POWER OF ATTORNEY MAY BE ATTACHED TO A BOND.2. POWER OF ATTORNEY MUST NOT BE RETURNED TO ATTORNEY IN FACT, BUT SHOULD REMAIN A PERMA- NENT PART OF THE OBLIGEE'S RECORDS. 3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS, OR BONDS FOR CRIMINAL APPEARANCE. RECEIVED An 1e ! 36 rp ►Sp Cl.rf OF SANJUAN rAP;STRAN,O 0 • AGENDA ITEM April 6, 1982 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract - Landscape Maintenance, Various Park Sites and Parkways SITUATION As per Council direction, bids for the Landscape Maintenance of various City parks and parkways were received and opened March 30, 1982 at 2:00 p.m. in the City Council Chambers. The results are as follows: CALIFORNIA LANDSCAPE $46,127.64/yr. PLANT CONTROL CORP. $45,600.00/yr. TOYO LANDSCAPING CO. $38,400.00/yr. Bids were reviewed by Staff and determined complete. Toyo Landscaping is currently maintaining other parks and parkways for the City and doing a satisfactory job. (See attachments for locations.) FINANCIAL CONSIDERATIONS All costs associated with this work will be paid through the City General Fund and accounted for in the Public Works Maintenance Budget under Specialized Services. A portion of this cost will be included in the new year's budget. ALTERNATE ACTIONS 1. Accept the bids as complete and award the contract to the lowest bidder, Toyo Landscaping Company in the amount of $38,400 annually. 2. Do not award the contract. 3. Refer to staff for additional information. RECOMMENDATION By motion, accept the bids as complete and award the contract to the lowest bidder, Toyo Landscaping Company in the amount of $38,400 annually; authorize the Mayor and City Clerk to execute the contract on behalf of the City. Respectfully submitted, • J�. � W. D. Mur EncWDMls.F/rem i Encl— J/l-- ROLLTO► DR. STRAWBERRY LN. ►L. • •� =.=i f4SF0 r 0 I i Opg4,r ti CR . •Y: • W' 1 2. r ' a i a � 0 0 • •� =.=i f4SF0 r 0 I i Opg4,r ti CR A I . •Y: • W' 1 2. ' a ,w A I y� .. I t o It � a b Ir < LLJ OU3 cr- U- Le SPRING s O�R m 1 7 �ZN s3 ,,- BID OPEOUNG 2:00 BIDDER AMOUNT 6 '06 o 0 0 Park Sites and Parkway Areas 1. Cook Park (Ball Diamonds) 9 Acres East side of Calle Arroyo between Via Entradero and Via Solana adjacent to San Juan Creek; automatic irrigation controls, grass, two baseball diamonds, parking lots and trees. 2. Cook Park (Ortega Properties) 6.5 Acres East side of Calle Arroyo between La Novia and Paseo Tirador adjacent to San Juan Creek; automatic irrigation controls, grass and trees. 3. Ortega Properties Parkways 2.5 Acres Twenty feet from curb around the perimeter and internal .roads within the Ortega Properties development. (See attached map) Automatic irrigation controls, grass, trees, and shrubs. Minimum water truck capacity of 500 gallons is required. TOTAL ANNUAL COSTS $ 38,400.00 Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. ra: SIGN,9TURE OF BIDDER 302 S. NEWHOPE, SANTA ANA, CALIF. 92704 ADDRESS (714) 775-7768 TELEPHONE NUMBER -5- (snnlrLE)0 Bond No. ACoaales-s KNOW ALL HIEN BY THESE PRESENTS, . that we, Company , as Principal, and Allied Fidelity T.,�_ r..,. exi ing under tile laws of the State of Indians , and whose principal office is located in the City of Indianapolis , as surety are jointly and severally bound unto the CITY OF SAN JUAN CAPISTRANO of Orange County, California, in_the sum of Three thousand six hundred and no/100 DOLLARS ($ 3 ❑0.00 ), lawful. money of the United States of America to be Paid to til�c 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. TILE CONDITION OF MIS OBLIGATION is such that whereas the principal has submitted the accompanying bid dateduernJ4gn , 19 82, for the construction of Maintenance fdor the CITY OF SAN JUAN CAPISTRANO, Orange County, Cali ornia. Sites NOW, TIIERI;FORE, 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- almen, or in the event of the withdrawl of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request.by the City, pay the City the difference between the amount specified in said bi.d 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 WHEREOF the above -bounden parties have executed this instrument under their several seals this 26th day of March , 19 82 , the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (if individual) ATTEST (if corporation) • •107-91070, •eIVAR% TOYO LANnRCAPF rn MPANY PRINCIPAL By, Title• MV Title PRFSIDENr ALLIED FIDELITY INSURANCE COMPANY Corporate Seal SURETY A T 11' S I p QY— Ql Neal L. Witt, TitleTitlo • '1` (.v i.. Afr.....,n,�,._Pwnr Corporate Seal PROOF OF PUBLOTION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange City of San Clemente I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the San Clemente Sun-Pos't a newspaper of general circulation printed and published ..........DAILY ----------------_... - ................ .................................... in the City of San Clemente County of Orange, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of March 11, 1360, 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 12 and 19 ............. .......... ........................................................ all in the year 19.82. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this 19th March --1.,�DDof...---''.................. 19.....82 Signature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 San Clemente, Calif. 92672 - Phone 714-492-5121 This apaceor the County Clerk's Filinr Stamn RECEIVED KV ZZ 1 3` fm '92 Cl7Y OF SANJUAN l .l J F 1' Proof of Publication of NCTICE INVITING BIDS ....................................................................... C] 0 ALLIED FIDELITY INSURANCE CO. 6320 North Rucker Road a Indianapolis, Indiana 46220 POWER OF ATTORNEY AC N° 004186 KNOW ALL MEN BY THESE PRESENTS: That this Power -of -Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN. THE AUTHORITY OF -THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED * * * FOUR HUMMED THOUSAUD DOLLARS * * * USE OF MORE THAN ONE POWER VOIDS THE BOND ALLIED FIDELITY INSURANCE CO., an Indiana cp[porli.o hav'w itstprincipal office in the City of Indianapolis. State of Indiana, does hereby make, constitute and appoint: rvea y L • w 1 tL in the City of ne e m, County of range , State of._a its true and lawful attorney-in-fact, at Anahe i m , in the State of _Ca to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, and undertakings in behalf of court fiduciaries. who under the jurisdiction of a court, administer property held in trust; public official bonds; license and permit bonds; tax, lien. and miscellaneous bonds: required by Federal, State, County, Municipal Authority, or other obligees, provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power not valid unless used before December 31, 1985 The acknowledgment and execution of any such document by the said Attorney -In -Fact shall be as binding upon the Com- pany as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following By -Law adopted by the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the 5th day of September, 1969. "Article V. Section 12, The President shall have power and authority to appoint, or delegate to other Corporate Officers, the appointment of Attorney(s)-in-Fact, and authorize them to execute, on behalf of the Company as Surety, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof; and he may at any time in his judgment remove any such appointee(s) and revoke the authority given to them; and with respect to any Certified Copy of any Power of Attorney, the signatures of any issuing or attesting officer, and the seal of the Company, may be affix- ed to such Power of Attorney or to any certificate relating thereto, by facsimile; and such facsimile signatures and facsimile seals shall be valid and binding on the Company, in the future, with respect to any bond, undertaking or instrument of suretyship, to which it is attached." IN WITNESS WHEREOF, Allied Fidelity Insurance Co. has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 25th day of November, 1980. .. ALLIEDFIDELITY INSURANCE CO. e c"av sor BY Secretary President —� THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES STATE OF INDIANA SS: COUNTY OF MARION On this 25th day of November, 1980, before me a Notary Public, personally appeared H.O. CROQUART and T. L. EADS, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Secretary of the said ALLIED FIDELITY INSURANCE CO. and acknowledged said instrument to be the voluntary act and dead of said Corporation. Notary Public, Marion County, Indiana My Commission Expires: March 9, 1983, a • Notary Public 1. ONLY ONE POWER OF ATTORNEY MAY BE ATTACHED TO A BOND. „�;ani 2. POWER OF ATTORNEY MUST NOT BE RETURNED TO ATTORNEY IN FACT, BUT SHOULD REMAIN A PERMA- NENT PART OF THE OBLIGEE'S RECORDS. ana� 3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS, OR BONDS FOR CRIMINAL APPEARANCE. I NOTICE OF TRANSMITTA& LEGAL PUBLICATIONS TO: DAILY SUN -POST Helen Nielsen, Legal FOR PUBLICATION ON: DOCUMENT(S) TO BE PUBLISHED: r1 U FRIDIAY, MARCH 12, 1982 NOTICE INVITING BIDS MAINTENANCE ON COOK PARK (TWO AREAS) AND ORTEGA PROPERTIES PARKWAYS PROOF OF PUBLICATION: Please send to: Office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: DATE: March 9, 1982 Date of Bid Op nino 3/30/82 Date(s) notice published 3/12/82 Date affidavit received Date notice posted in designated posting places (3) 3/12/82 (2 pg.) Date notice(s) posted on property n/a Date of mailing notices to property owners_ 0 r f NOTICE INVITING BIDS MAINTENANCE ON COOK PARK (TWO AREAS) AND ORTEGA PROPERTIES PARKWAYS Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the Maintenance on Cook Park (two areas) and Ortega Properties Par] until 2:00 P.M. on the 30th day of March , 1982 . A pre-bid conference is scheduled at 10:00 A.M. on the 24th day of March 1982, at the City offices to assist contractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at a non-refundable charge of $5.00 , plus a charge of $5.00 for each set of plans and specifications mailed. n Dated: March 9, 1982�� CITY CLEW CITY OF SAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA 0 • N O T I.0 E I N V I T I N G B I D S Public notice is hereby given that the City Council of the City of San Juan Capistrano will up to 2:00 p.m. on the 30th day of March 1982, receive sealed proposals or bids for the Maintenance On Cook Park (two areas) and Ortega Properties Parkways in accordance with the approved specifications on file in the office of the City Clerk of the City of San Juan Capistrano, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. Bids will be received until the time hereinbefore indicated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accompanied by a certified check, cash, cashier's check or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder failed to enter into the required contract within 25 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a. m. on the 24th day of March 19 82 at the City Offices. The contractor s ami 11 have the opportunity for clarification or interpretation of any point or points of question within the contract documents or specifi- cations. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or interpretation of the specifications and contract documents presented to the bidders in any manner. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant 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. C� • Copies of the specifications are on file in the City Clerk's Department, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the specifications for use in preparing bids may be obtained at the City Clerk's Department, San Juan Capistrano, at the address shown above. One set of specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $5.00, non-refundable, is required for obtaining each set of specifications. There will be a $5.00 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor's License number of such bidder so bidding, as no bid will be accepted from a contractor who has not been licensed in accordance with the pro- visions of the laws of the State of California relating to licensing of contractors. This notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 9th day of March 1982. _42Z& ZZ 77�u<Z MARY AN 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 (1000 of the contract price. The City Council reserves the right to received and to compare the relative merits and to choose that which in the opinion of serve the interests or needs of said City. -2- reject any and all bids of the respective bids said City will best AGENDA ITEM March 2, 1982 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Specifications and Authorization To Call For Bids - Landscape Maintenance Districts and Specific City Parks & Parkways (Cook, Ortega Properties) SITUATION As per City Council direction the City is currently contracting services for landscape maintenance of City -established districts and 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 re -bid of contractual services: - All specified areas in Landscape Maintenance Districts of Tracts 7654, 9373, 8485, 9284, 9382 and 7673. (All tracts will be bid as one package.) -Ortega Properties' Parkways and Cook Park. The attached specifications have been reviewed by staff and determined as satisfactory. At this time, however, should Council wish to include all costs for fertilizer and the reestablishment of flowering plants as need to be part of the contractor's bid this could be incorporated. With regard to district maintenance, all specified areas have been established and are in very good condition at this time. Some additional work is required in some places to eliminate bermuda grass and assist slow growing cover, however, this should probably be done in the warmer months. Few complaints have been expressed. Following the bidding results and prior to award of contract, staff will prepare a review of maintenance costs thus far. 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. ALTERNATE ACTIONS 1. Approve the specifications and authorize the call for bids for landscape maintenance contracts on specified districts, parks and parkways. 2. Modify the specifications and approve as modified. 3. Refer back to staff fo a ditional information. FOR CITY COUNCIL AGENDA T I 0 Approval of Specifications and Call for Bids RECOMMENDATION -2- March 2, 1982 By motion, approve the specifications and authorize the call for bids for landscape maintenance contracts on specified districts, parks and parkways. Respectfully submitted, W. D. Mur y WDM:SCF/rem Attachment ' • PROVISIONS • GENERAL �. Turf Grana 1. A11 dawn 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 o: all cuttings. Mow to the following height: Bermuda 1/2" to 1" .� Bluegrass 1-3/4" to 2-1/4" 2. •Irrigate as necessary to maintain.proper growth rate and optimum appearance (see Section 3.E., Irrigation). 3. Maintain lawn areas in a weedfree condition. a. A preemergent crabgrass control shall be applied to all bluegrass turf between February 15 and • April 15 of each year. b. Chemical control of broadleaf weeds shall be initiated on an as -needed basis to maintain a "weed free" turf condition. This shall be the program for all bluegrass and bermuda grass areas. • 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 sa_uare feet. A 16-6-8 formula with trace elements is recommended. i?. Bermuda grass turf shall be fertilized at the rate Of one pound of actual nitrogen per 1,000 square feet. Fertilizer of an ammonia nitrate 33.5-0-0 formula shall be applied once during the months Of January and December. Fertilizer of a urea 46-0-0 formula shall be applied every 60 days February through November. -21- ft 7. A broad spectrum fungicidb (such a Actidone RZ) shall be applied to all bluegrass turf at the preventive rate beginning April 1 each year. Additional appli- •Cations shall -be made at the curative rate as necessary throughout the year. B. Slope Care 1. Ground cover (grass, herbaceous plants) �a. Irrigate as.required to maintain a reasonable. appearance. b. Fertilization: 1. Iceplant areas shall be fertilized when recommended by the Director of Public Works or his authorized representative with _-the rate of each application to be one pcund of actual nitrogen per 1,000 square feet king 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- Additionaloweed control shall be in%ated as necessary to maintain a weedfree condition. 5. Ground cover areas -should be fertilized every ninety ' (90) days with the rate of each application to be one pound of actual nitrogen per 1,000 square feet using 16-16-16 formula material. 6. Trim and edge as necessary to restrict growth from encroaching on sidewalk or other adjacent areas. 7. Irrigate as required to maintain adequate growth rate and reasonable appearance. S. Annual bedding plant areas shall be programmed for replacement as directed by the Director of Public Works or his authorized representative. Replacement plants shall be of a suitable type to provide the maximum amount of color (bloom) during the time they are in the bed areas. All of the applicable maintenance programs covered in this section shall apply to these annual bedding plant areas as well. D. Tree Care • 1. Shape, trim and prune to maintain a reasonable appearance. 2. Annually thin out, shape and head back all trees. 3. Control pests and diseases as needed. 4. Remove all dead and damaged branches back to point of breaking.. 5. Stake and support trees when necessary. 6. Stakes and ties will be placed so no chafing of bark occurs. Remove as soon as no longer needed. 7. All guys and ties shall be checked frequently to avoid girdling. . 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. ... r23- g. .Irrigation System 1.' The CONTRACTOR shall maintain -the complete sprinkler system in an operable Coridition. , 2. Repair and adjust all sprinkler heads to maintain proper coverage. 3. Adjust water application to compensate for changes in weather.. CONTRACTOR will be respons,ib,le for .damage:: occurring due to under-:.atering or over - •watering. 4: All replacements to be with original type material Or substitutes approved by the CITY. S., 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 Seatinq 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 cencr-te areas by hosing off sand and base materials a minimum of once a week. 4. Immediately remove all broken glass and any sharp objects. -24- G• Rest s 1. As required, restroom facilities will be maintained .by •CITY.. ._ No 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 c: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. 8. CONTRACTOR is required as part of this ArTreement 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- , 0 0 I CONTRACTOR s further required to stock high usage • items for repair of irrigation systems. CONTRACTOR will be reimbursed, the wholesale cost of such materials and -parts upon presentation of properly itemized invoices. Any other types of materials required to be furnished will be considered as extra work (see Exhibit I, H). 9. CONTRACTOR is required to maintain an office in Orange County and provide the office with phone 'service during normal working hours. If a telephone answering service is utilized, the answering service shall be capable of contacting CONTRACTOR by radio or pager. CON-2RACTOR is further required to provide CITY with an emergency number for contact outside the normal working hours. 10. Whenever herbicides are used, CONTRACTOR shall apply when air currents are still, to prevent herbicide drift onto adjoining property, and to prevent any toxic exposure to persons whether or not they are in or on the grounds. 11. CONTRACTOR is also required to provide uniforms and name badges for all field personnel. 12. Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles bntering the intersection. 13. Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. 14. Compile -and maintain "as builts" of all irrigation systems to include location and serial numbers of major components. Turn over to CITY on termination of agreement. 15. CONTRACTOR shall not block bike trail with equipment or materials during or after his maintenance operations. 16. Rake and remove debris, trash and other materials a minimum of twice a week. 17. Remove from park and parkways any and all animal feces or materials detrimental to human health daily. I.. Extra work 1. Extra work will not be performed without prior approval by CITY unless a condition exists wherein it appears -26- I+ there is danger of injury to persons or damage to .property. I Z.• Extra work may be requizcd by the CITY as a result of acts of God, vandalism, theft, civil disturbances or accidents. 1 $. Extra work may be required by the CITY in order to add new landscaping or to delete or modify existing Ilandscaping. 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 11 representative, is authorized to approve extra work up to 25 percent of the annual cost of the Agreement. - J. Standards of Performance 1 All.other portions of this Agreement notwithstanding, it is 1 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. I -27- 0 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA .SPECIFICATIONS & CONTRACT DOCUMENTS FOR THE MAINTENANCE OF LANDSCAPING IN VARIOUS PARK SITES AND PARKWAY AREAS CITY COUNCIL PHILLIP R. SCHWARTZE, MAYOR ANTHONY L. BLAND KENNETH E. FRIESS LARRY F. BUCCHEIM GARY L. HAUSDORFER W. D. Murphy DIRECTOR OF PUBLIC WORKS March 1982 TABLE OF CONTENTS ' CONTRACT DOCUMENTS ' NOTICE INVITING BIDS.................................. 1 ' SID PROPOSAL...........................'............... 3 NON-COLLUSION AFFIDAVIT............................... 8 INSTRUCTION TO BIDDERS................................ 9 AGREEMENT............................................. 12 ' ... BIDBOND. ................18 ' FAITHFUL PERFORMANCE BOND ............................. 19 LABORAND MATERIAL BOND .................... ......... . 20 ' GENERAL PROVISIONS.................................... 21 J ' t 1 .- 0 $ID PROPOSAL for the: Maintenance of Landscaping in IVarious Park Sites and Parkway Areas To the Honorable City Council City of San Juan Capistrano I I Ir I I I I I .Gentlemen: Hid opening From Contractor The undersigned, as bidder, declares that he has carefully examined the locations(s) of the proposed work as described, examined the Specifications and general conditions therefor, read the instruc- tions to bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted to provide all necessary labor, machinery, tools, equipment and all Other utility and transportation services required to perform the landscape maintenance in accordance with the specifications for the maintenance of Landscaaina_ in various park sites and parkway 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 •teturncd 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 equa.7 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 damagos for the failure of the undersigned 'tb comply with the terms of this proposal. .. Accompanying this proposal is (insert 5 *cash", "Cashier's check", "certified check", Os biddur'� bond" as the case may,bc) in an amount equal to at least ten percent (10:) of the total bid. •lam 0 0 The follwhicty h willhfurnishe name atheprequired bonds lace of sasosurety f the sifethe Company ' ' work is awarded to the undersignedn ration 'Licenced in accordance with an act providing for the regist Of contractors - - License No. Signature of bidder: individual, so state. I£ a firm or co -partnership, the state an firm name and give the names of all ind�reasurer andZtners Composing the firm: President, secretary, manager thereof.) ' Dated: 19_. Business address Telephone As you are required to review each location prior to the submittal of your bid,'please identify any existing/anticipated.problems . .associated with each project area. n� 0 Hluor RANCHO VIEJO RD 0 INILM`P 0q. STRAWBERRY lN. d�dio o3r� .o.J e 0 v JW V v O \��h a MtDERA �b00 DR. J J4 ' E t C ry ; i a �c t � / i yda i ,fid j o, �d0 toa OOVNN9) J ✓ `ls� �aS M 02 J I �d�� / cn ��G ' N0N-COLLUSIC;#FFjnA% IT TO BE EXECUTED BY • BIDDER A1ID SUBMITTED WITH BID LOF CALIFORNIA ) _ �ty of ) ss. �• , being first duly sworn deposes id says that lie is Of 4" the party making the Oregoing bid; that sucn bid is not mace in the interest of or on behalf any undisclosed person, partnership, company, association, organization, i Corporation; that such bid is genuine and not collusive or sham; that sa d bidder has not directly or .indirectly induced or solicited any other ?:Jdar to put in a false or sham bid, and has not directly or indirectly luded, conspired, connived, or agreed with any bidder or anyone else put in a sham bid, or that any one shall refrain fro~ bidding; that sid bidder has not in any manner, directly or indirectly, sought. by cement, cormunication or conference with any one to fix the bid r ce 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 'secure any advantage against the public body awarding the contract any one interested in the proposed contract; that all statements Contained in such bid are true; and further, that said bidder has not Jectly or indirectly, submitted his bid price or anv breakdown thereof, the contents thereof, or divulged information or data relative erreto, or paid and will not pay any fee in connection therewith, to corporation, partnership, co^panv, association, organization, aid ository, or to any member or agent thereof, or to any other indi- Aduall except to any person or persons as have a partnership or other nancial interest with said bidder in this general business. By Ibscribe'd and sworn to before me is day of 19 tazy Public in and for said County and State 1 4 =N�&CTICN TO iUDDERS' • ur.ing nocumants. L S cification docun:ctlts will be available for examination without charge copies may be secured in aceorc:ance with the "Notice Inviting Bids." Eaaminiti.on of Specifications and Site of work. bidder is required to examine the site of work, the proposal, and the specification:, very carefully. IIe shall satisfy himself as to the racter, gclality and quantities of the work to be performed, the erial:: to be furnished and the requirements of the Contract Documents. li0qualification of Bidders. Wo person, firm or corporation shall be allowed to make, file or be i crested in nore than one bid for the same: work unless alternate s are called for- A person, firm or corporation who has submitted ub-proposal to a bidder, or who has quoted prices on materials to al adder, Is not hereby disqualified from submitting a bid in his own Proposals. Ls to receive consideration shall be in accordance with the following Instructions: rA. 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. 8.• All prices and notations must be in ink or typewritten. No erasures ::ill be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and Stust be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recap i.tnlation'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 bidd..r to furnish a statement of -his experience, financial responsibility, technical ability, equirmc%nt and rererenccs properly and fully filled out: ' S. Each biddor must accompany his bid with cither a cashier's check upon no!m, responnib.le !7111:• or a properly cortified check upon nuc:l ba nlz, or an approved corroratu surety hand ' payable to the City for such a sum of not less than Lon (10) -9- i 1 per of the aggrate sum of the bid, whin check or . bond and the ironies represented thereby shall be held by the City an a guarantee that the bidder, if awarded the Contract, till in good faith enter into such contract and ' furnish the required bonds. The bidder agr.ccs that, in case of his refusal or failure to execute said contract and give bonds within the time 1' required by thc5e documents, such check or bond, and the Money rcprc-cntcd thereby, shall remain the property of the City and, if the bidder shall fail to execute said 1 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 1 bid. A bid received and not accompanied by such cashier's Check, certified check or approved bond --hall be rejected. ' F. Bids shall be delivered to the City at the location stipulated, On or be�ore the day and hour set for the opening of bids, as hereinbefore snecified in the "Notice Inviting Bids." Bids shall be cnciosed in.a sealed envelope bearing the title 1 of the work and the name of the bidder. Zicensina of Contractor. • persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of �lifornia and the applicable ordinances of the City and County before ing any work of any kind. ''thdravrl of Bids. y bidder may withdrae: his bid in person or by written request at any e prior to the scheduled closing time for receipt of bids. imninq of Rid Proposals. te City will, in open session; publicly open, examine, and declare o bids at the time set forth in the "Notice Inviting Bids." Bidders Or their authorized representatives are invited to be present. tervicw of 11i.dders dccmck? ncc:c•sa:arv, the three lowest bidders will be requested to appear r intervict: before the Director of Public Works or his authorized presctttati.va. V-1ra of contract or roirction of Rids. ' ho bidci: r m_iy t:i.thdraw his bid for a pericd of forty-five (45) days after to date rvt. for the o!�rninR of Lid n. Tac. contract for the work willlithos. h. •w.-oceod or tho bids rorioctc:d Wi.thill -the forty-five (45) clays ;from eha el1t't: :sols for thu opening of bila;. ri contract for the worms, will be awarded to the lowest rc :ponsiblc der cowplying With thctc iJ,::Lrugt::o;u: and wi'cli the "Notice Inviting n." The City, hoxever, rcncrves thc right to reject any or all bids d to waive any nonconformity in the bids received. bidder to whom the award in made shufl execute a written Contract with the City and furninh the :;tipulatcd bonds within ton (10) days Sor the notice of: award of contract. The Contract Agreement shall be c in the form adopted by the City. The release of the successful bidder's surety deposit, as previously stipulated, shall be made upon +1 City's acceptance of the Labor and Materials Bond and the Faithful formancc Bond. Ifthe bidder to whom the award is made fails to enter the contract as ein proviclod, the a%:•ard mac• be annulled and an ateard may be made the next lowest r.c-ponsible bidder; and such bidder shall fulfill every s�}pulati.on cmbraced herein, as if he were the party to whom the first ��jjrd was made. A corporation to U-IUctc an award is made shall furnish dente of its corporate existence and evidence that the officer signing e contract and bonds for the corporation is duly authorized to do so. ]'he successful bidder, simultaneously with the execuiEion of the Agreement, 11 be required to furnish a Labor, and Materials Bond in a sum not lesS an one hundred percent (100Z) of the total a:aouuc payable by t o tennis the contract and a Paiullful rerformancc. Bond in a_ sum not less than Ime hundred percent (100f;.) of the .aniount of . the ,contract. Said bonds all be secured rp om a surety conany satisfactory to the City. 'Surety. anies, to be acceptable to the City, Host be authorized to do bu-.incss 1n the State of California and be on the accredited list of the United ltes Treasury. Sime of Performance. to wort; shall be commenced within fiftccv (15) calendar days from the date of execution of the contract and Shall be dili,ently prosecuted for Iperiod of twelve (12) months. skillnent of Contract. tassignncnt by the Contractor. of any contract to be entered Into � rcundci• or any part thereof, or of runt]:, to be received thercundor by the C01it7:tcLor, will be recognized by the a:aardinc7 authority and the rvty has b,,Qn given notice of such assignment in writing and has con- anted Uicrrl.a in �rriting• �s-)ir.•c•n anal t•:_u;r_. � ' � • _ •. .: _ `• Jlllraliun i:; ;ay.:ifically clirectcl to all provisions of the Tabor Code • f ti :,talc+ c+l' C,i11fcn•nia t•:itli rreiard lei t•:orlaicn tt,xl wages, Hager, lot be less than prevailing wage rates determined by the CITY pursuant to said Code and as listed in the "NOTICE INVITING BIDS." Pnoyis20NS �Surf Grass j+ All lawn areas are. to be mowed weekly,. or as- needed to ' maintain the height specified below and borders neatly edged. Trim around sprinkler heads as needed 'to provide maximum water coverage. Trim around planters. Remove and • dispose of all cuttings. :low to the following height: ' Bermuda 1/2" to 1• +• bluegrass 1-3/4" to 2-1/4• ' 20 •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. 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. ' ,,S. Turf shall be dethatched once a year between February 2 and March 31. This shall be accomplished by using a ' "flail type" dethatching machine. 6: 'Fertilization: Bluegrass turf shall be fertilized every 30 to 45 days, as needed, at the rate of one pound of actual nitrogen per 1,000 sa_uare feet. A 16-6-8 formula with trace elements is recommended. 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. •' w21- 1 • 'J. !1 spectrum fungicidc•(such as Acdone RZ) shall broad 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... • - Slope Care ' 1. Ground cover (grass, herbaceous plants) Irrigate as required to maintain a reasonable. ' appearance. b. Fertilization: .. • 2, 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 pcurd of actual nitrogen per 1,000 square feet asing a 16-16-16 formula material. ' •• $. Grass areas (?alta Fescue, etc.) shall be j' fertilized every 120 days with the rate of each application to be one pound of actual- nitrogen per 1,000 square meet using a 16-16-16 • formula material. _ ''• �C. Control pests, including rodents and snail$, 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. '• • Trim and edge to maintain sidewalks and curbs • ' free of plant growth. 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. , • i. A broad spectrum prccmcrgcnt weed control, such as • Treflan, shall be applied to shrub beds and ground COVer beds in April and September of each year. «22- • Additional wcontrol shall be" init' ted as Accessary toWintain a weedfree cond*on_ S. Sround 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. Replace:ient 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. Tree •Care 1. Shape, trim and prune tb maintain a reasonable appearance. . 2e Annually thin out, shape and head back all trees. • 3. Control pests and diseases as needed. . •dead ' t. Remove all and damaged branches back to point.of 1 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. ' 6. 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. '. Irrigate as required to maintain adequate growth rate appearance. • • -23- . 1 , -24- E, Irrigation System 1 1. The CONTRACTOR shall maintain the complete sprinkler system in an operable condition. t2. Repair and adjust all sprinkler heads to maintain proper coverage. ' 3, Adjust water application to compensate for changes be responsible for damages in weather. CONTRACTOR will occurring due to under -watering or over -watering. 4. Ail replacements to be with original type material or substitutes approved by the CITY. ' 5. Repair or replacement ofequipmentdamaged as a result the of CONTRACTOR'S negligence shall be replaced at loss CONTRACTOR'S expense as will the cost for any water ' during this time. 6. Damage not resulting from CONTRACTOR'S negligence will an estimate be reported promptly to the CITY, together with ' 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. 11. CONTRACTOR is required to be present during watering and/or inspect the irrigation system daily to assure that there ' are no problems with the system. !. Common Seatinq Areas -, ' 1. Sweep, clean and remove debris a minimum of once a week. 2. Inspect and check all benches and equipment for vandalism ' and safety hazards; make minor repairs and report major damaged to CITY. ' 3. Maintain concrete areas by hosing off sand and base materials a minimum of once a week. ' 4. Immediately remove all broken glass and any sharp objects. -24- • Restrooms • • •. • As required, restroom facilities will be maintained •' by CITY.. 'General ' �. Vegetation shall not overhang a sidewalk at less than ' 7 feet in height or a roadway at less than 14 feet in height. • Z• All operations will be conducted so as to provide tmaXimum safety for the public. 3. Where CONTRACT i:ork may create potential or known ' hazards on streets or roads and to persons traversing them, CONTR=ACTOR shall obtain at his own expense and I place whatever signs, lights, barricades, cones or other safety devices are necessary to prevent accidents, ,injuries or damages, consistent with the Orange County Manual of Warning Signs, Lights and Devices and with all other applicable ordinances a-id statutes. When ••: Working adjacent to the roadway, red vests shall be Morn at all times. i. Leaves, paper, weeds, and any other debris will be removed from landscaped areas and disposed of offsite. Trash cars provided by the CITY will be. emptied and washed out after emptying. S. 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 i. Notification of all "specialty type" maintenance • Operations shall be given to the CITY 48 hours prior • to each of these operations by the CONTP.ACTOR. 'Specialty Typo" maintenance operations are defined as: fertilization, nreemerer_nt weed control; turf aerificatic-:turf dethatching ; preventive application Of turf fungicide; and annual type bedding plant replacements. 8. CONTP.\CTOn 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 Pasco Adclanto, San Juan Capistrano. L25_ 10. • CONTRACTOR Aurther required to sto�high usage Stems 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 pchibit I, H). CV.=C�XTOR 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. CONTFL-%CTOR is further required to provide CITY with an emergency number fox contact outside the normal working hours. Whenever herbicides are used, CONTRACTOR shall apply Vhen air currents are still, to prevent herbicide drift onto adjoining property, and to prevent any toxic exposure to persons whether or not they are • �! or on the grounds. •1�.• CONTRACTOR is also required to provide uniforms and game badges for all field personnel. Prune plant materials adjacent to roadway intersections to provide adequate s'_C^t distance for vehicles bntering the intersection. Prune plant materials so that all traffic control Signs are clearly visible to approaching drivers. 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. 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 plinimum of twice a week. 17. Remove from park and parkways any and all animal •feces or material:: detrimental to human health daily. 18. CONTRACTOR shall submit a work schedule identifying the number of persons working in rhe area and the anticipated hOura of cork_ for each week. Extra Work �1• Extra.work will not be•performed'without prior approval by,CITY unless a condition existS•whergin it appears. �2.G- • • 7 • 10. • CONTRACTOR Aurther required to sto�high usage Stems 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 pchibit I, H). CV.=C�XTOR 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. CONTFL-%CTOR is further required to provide CITY with an emergency number fox contact outside the normal working hours. Whenever herbicides are used, CONTRACTOR shall apply Vhen air currents are still, to prevent herbicide drift onto adjoining property, and to prevent any toxic exposure to persons whether or not they are • �! or on the grounds. •1�.• CONTRACTOR is also required to provide uniforms and game badges for all field personnel. Prune plant materials adjacent to roadway intersections to provide adequate s'_C^t distance for vehicles bntering the intersection. Prune plant materials so that all traffic control Signs are clearly visible to approaching drivers. 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. 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 plinimum of twice a week. 17. Remove from park and parkways any and all animal •feces or material:: detrimental to human health daily. 18. CONTRACTOR shall submit a work schedule identifying the number of persons working in rhe area and the anticipated hOura of cork_ for each week. Extra Work �1• Extra.work will not be•performed'without prior approval by,CITY unless a condition existS•whergin it appears. �2.G- • • 7 ' there is da r of injury to Persons damage to property. 1. Extra work may be requixr_.d by the CITY as a result of ' •,� -acts of Cod, vandalism, theft, civil d:stuzbances or accidents. ' f• Extra work may be required by the CITY in oeto xis add new landscaping or to delete or modify existing ' landscaping: 40 ,payment for extra work will be based on actual cost of ' labor plus wholesale cost of. materials plus 20 percent • of materials.- S. aterials:S. The Director of Public Sdorks, or his authorized ' Representative, is authorized to approve extra work up to 25 percent of the annual cost of the Agreement. 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 tines. CONTRACTOR agrees to maintain all designated areas covered by this Agreement at such level. 72400 PASEO ADELANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 \-PHONE 493-1171 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. Thank you for your cooperation. Very 'truly yours, MARY ANN, OV R, MC City Clerk MAH/na Enclosures cc: California Landscaping Kathy Holmes Robert Bancroft Michael Lopez Plant Control Corp. Richard Kopp Patricia Stauderbaur Maryann Pette Paul Stubbs Paul Weddel Kathy Itzel Director of Public Mike Tolmasoff Jim Young Works Charles B. Davis Dennis Haehn AND SPECIFICATIONS FW: 1XI Tentative Contract Award Dat4A-, NAME-ADQRES�_ PION E� -At 9-3 6 a