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1979-0123_TOYO LANDSCAPING CO_Agreement . CITY COPY AGREE*IF= LOCAL PARKS THIS AGREEMENT is made and entered into this 23rd day of January , 1980 between tY.e City of San Juan Capistrano, hereinafter referred to as "CITY" • and TOYO LANDSCAPING _ hereinafter referred to as "CONTRACTOR" for local parks . The implementing authority for the CITY shall be the Department of Public Works . W 'I T N E S S E T H : SECTION 1 . TERM: This agreement shall commence on the 1st day of. March I 19Ro . and shall remain and con- tinue 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 Junipero Serra and E1 Camino Real Parks. CONTRACTOR may be required to perform extra work as deemed necessary by the Director of Public Works. SECTION 3. MEASUREMENT AND PAYMENT: CONTRACTOR agrees 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 annual consideration: Junipero Serra and E1 Camino Real Parks TOTAL ANNUAL COST $ 19 , 080. 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 chances 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 . G]"TR-,%.T, PROVISTONS : General provisions for the . work, to I)e perfor ;ed a culli:ain(_-d tiu.'eln and ar ade a part of this r SECTIOrl 5 . EOUTPMENT, T20-3071T.ND •PREVATLTNG W.\GF.S: (r0_;1 i'.Al.1V:. ., :.71 U3C and Llliiil viA ai.: 1113 OWll C:<ri C I1 LiC all li'L)Or and equip- ment necessary for the satisfactory performance of the work set forth in this CG:.LraCt. 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 unaer him is limited and restricted to eight hours in any one calendar day and 40 hours in any one. calendar week. Work per- formed in excess of eight hours per day 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 :.ages for each '. laborer or workman performing any work under this contract. SECTION G. CONTROL OF WORK: The Director cf 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. When condition of a maintained area is determined by Director to be substandard due to inadequate or improper maintenance, monthly payment may be withheld until such condition is resolved to the Satisfaction of the Director. SECTION 7. PROSECUTION OF WORK: The CONTRACTOR shall begin maintaining landscaping within fifteen (15) days after the execution of the agreement by the CITY and shall diligently prosecute the same until the termination of the agreement. SECTION 8. CONTRACT BONDS: Prior to the date of execution of this agreement by CITY, CONTACTOR shall deposit with the CITY a surety bond to secure the faithful performance of this contract and a separate bond to secure payment of persons performing labor and furni:;hing materials in connection with this contract- , each bond shall be in the amount of not less than One Hundred Percent (100u) of the annual amount Of this contract . -13- • I The contractor shall perform his work in accordance with the � :andard. Spocifications for. Public Forks Construction, 1976 Edition, -_zreinafter referred to as the Standard Specifications . The con- .. _ractor shall maintain a copy of this book on the job site at all __mes. The provisions of the Standard Specifications shall be ::Ddified as indicated below: Change 1 : "Section 2-4 - Ccntract Bonds" The "Payment Bond" (Material and Labor Bond) shall be -in the amount of 100 percent of the 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" • s 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 Damaae: $ 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 maintained 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 compensation because of the requirement for greater amounts of insurance, as an element to be considered by the con- I tractor in determining his bid. -14- 1 SECTION 9 - Deleted SECTION 10 - Deleted SECTION 11. SAFETY: CONTRACTOR agrees to perform all work outlined in this contract in such manner as to meet all accepted stan- dards for safe practices during operations and to maintain safe conditions of premises and ways at all times, including safely stored equipment, machines, materials or debris, protected excava_ions, 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 OSHA and Cal/ OSHA safety orders at all times, so as _ to protect all persons, including CONTRACTOR employees, agents of CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. Crimes, thefts, vandalisms, hazards, etc. shall be initially reported by phone followed by confirmation in writing to the Director of Public Works or his representatives. „ SECTION 12. INDEMNITY PROVISION: The CONTRACTOR shall be responsible from the time of the beginning of operations, for all injury or damage of any kind resulting from said operations to persons or property regardless of who may be the owner of the property. In addition to the liability imposed upon the CONTRACTOR on account of personal injury (including death) or property damage suffered through the CONTRACTOR' S r_egligence, which liability ' is not impaired or other- wise affected hereunder, the CONTRACTOR assumes the obligation to save the CITY harmless and to indemnify the CITY from every expense, liability or payment arising out of or through injury (including death) to any person or persons or damage to property (regardless of who may be the owner of the property) of any place in which work is located, arising out of or suffered through any act or omission of the CONTRACTOR or any subcontractor or anyone directly or indirectly employed by or under the supervision of any of them in the prosecution of the operations included in this contract. • . -15= � t SECTION 13 . CON_TR)',CT FkT7;'.ISTON: In the event CONThACTOR . }i:'�: it11.1}' < .:[ ica �d1 111 �'1 Ci l:Cl CunuiLloll I- this Contract, as determined in the solc�i_�crction of CITY ' S Dire7 _or of Public Works , C011TRACTOR may request that the c'.urat_nn of thi- contract he extended for successive periods of twelve months . CONTI:ACTOR shall. subslit his requost in tarn._.., to the DirecCor at least 30 calendar days prior to 7 . e n ;.,hici eft .n _ f.fl (,7 C ^, 1 �.. C t1 ._c .. Cr .. .. ,... Ci7L 1'Jn Li:C�COt 4iuul.d UClie rtdlSc? have terminated, and the Director upon his determination that CONTRACTOR has CO.^.717._ -? D7_ "i all to-TT,S .a iC; CU.^.:.(1::iC:1S Ci t::is contract may either grant the extension or submit the request to the City Council for approval or denial in the City Council ' s sole discretion. In no event shall the total term of this contract, including all extensions, exceed 36 months. ' SECTION 19 . CONTRACT TERMINATION: Any other provisions .herein to the contrary notwitastanding , 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: Anv written notices to the parties hereto shall be sufficient if 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 Sen. Juan Capistrano, CA 92675 SECTIO14 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 WIiEREOF, the parties hereto have executed this Agreement at San Juan Capistrano, California, the day and year first above written. CITY OF SAN JUAN CAPISTP.ANO Dated January 23, 1980 By KENNETH E. FRIESS, MAYOR CO:.TRACTOR • Datcd _ T O TOYO LANDSCAPING Name By �- By ATTEST: Mary Ann jF nover, City Clerk APPROVED AS TO FORM: n'L ,elf 4' ty Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss '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 Park and Parkway Maintenance, Descanso Park and Specified Parkways, executed by the Mayor of the City Council of the City of San Juan Capistrano, California. Mary Ann I rr ver, City Clerk -17- AGENDA ITEM January 23, 1980 TO: James S . Mocalis , City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract - Maintenance of Junipero Serra Park and E1 Camino Real Park SITUATION On January 9, 1980, bids were opened for the maintenance of Junipero Serra and El Camino Real Parks . The bids were as follows : California Landscaping $ 43, 124 Transcontinental Factors 21, 900 Environmental Care 35, 053. 92 Toyo Landscaping 19 , 080 ($1, 590 mo. ) Artistic Maintenance 21, 600 Low bidder was Toyo Landscaping who had inadvertently submitted his bid as a monthly, rather than a yearly figure. This computational error was corrected and the bid allowed by the City Attorney . FINANCIAL CONSIDERATIONS Adequate funds are budgeted for this service in the parks and Park- ways accounts . ALTERNATE ACTIONS 1. Award the contract for maintenance of E1 Camino Real and Junipero Serra Parks to Toyo Landscaping in the amount of $19, 080 per year and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. 2 . Award to another contractor. 3. Request further information. RECOMMENDATION By motion, award the contract for maintenance of E1 Camino Real and Junipero Serra Parks to Toyo Landscaping in the amount of $19, 080 per year and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. Respectfully submitted, � � rp W. W. D. Murp WDM:PH/rh FOR Cj1Y COUNCIL AGENDA ... nV �. Premium Included f'AITIIFUL PERFORI•:ANCE BOND BOND NO. 005780 Y•NOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation. of Orange County, California, has awarded to TOYO LANDSCAPING COMPANY License No. , hereinafter designates: as "Principal, " a contract for MAINTENANCE OF JUNIPERO SERRA AND EL CAMINO REAL PARKS FOR and THE PERIOD OF MARCH 1, 1980 TO' MARCH 17 1 WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, TOYO LANDSCAPING COMPANY _ as principal, and SURETY INSURANCE COMPANY OF CALIFORNIA , as surety, are held and firmly bound unto the City of San Juan Capistrano, a municipal corporation of Orange County, California, in the penal Sum of NINETEEN HOUSAND EIGHTY----- ($19 ,080 . 00 ) Dollars, =ac:ful money of the United ' State's of America, for payment of which sum, - Well and truly to be made, we biydourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. , i .E" T11E CONDITION OF THIS OBLIGATION: is such that, if the hereby .'bounden Principal, his or its heirs, executors , administrators; successors or assigns, Shall in all things stand to and abide by a:id well and truly b.cp and perform all the undertakings, terms, covenants, conditions , gnd agreements in the said contract and any alteration thereof , made as therein provided, all within the .time and manner therein designated and % =in all respects according to their true intent and meaning, then this obligation shall become null and void, otherwise it shall be and remain "in full force and virtue. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or -modification : of the contract documents or of the work to be performed thereunder, shall 'in any way affect its obligations or this bond , and it does hereby waive '- notice of any such change, extension of time,- alterations or modifications of the contract documents or of trork to be performed thereunder. IN 1.7ITNESS WHEREOF REOF three (3) identical counterparts of this instrument, each of which shal) for all purposes be deemed an original thereof, have been duly exeucted by the Principal and surety herein named, On the nth— clay of FEBRUARY , 19 80 , the name and corporate r seal of each CDperato party being hereto affixed cold these prce;ent_; duly signed In it!.-, undcrsigncd representative pur:;uant to authority of its governing body. TOYO LANDSCAPING COMPANY PRI 14C3 PAL By --- .`y Y 20- by i �RF.TV_Sg$IJ1�E COMPANY OF CALIFORNIA SURETY i BY Neal L. Witt Attorney-in-fact i e I -21- 1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Onthis............................41h.....................day of.....................E.EBRUARY......................................... 19-8.0............. before me NEAL personally came.......... L .............................W3TT............................................................................................................ .................................................... 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. *-a" . OFFICIAL SEALSUSAN HENRYNOTARY PUBLIC-CALIFORNIAPRINCIPAL OFFICE IN ORANGE couNTv (Notary Publi My Commission Expires June 20. 1983 5100-02 Surety 3A.4urance Company o f California "The Dollars and Sense Surety" HOME OFFICE IN LA HABRA, CALIFORNIA Box 2480 I.a Habra,California 90881 CERTIFIED COPY OF POWER OF ATTORNEY 7/ / No........3.09.6................ ✓flow alf)men Ly these 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 ....... _....................._._. eal_L.... itt._..................................of.......Iia---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. THIS POWER OF ATTORNEY IS VALID ONLY FOR A BOND OR UNDERTAK- ING EXECUTED PRIOR TO DECEMBER 31, 1980. 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 WITNESS WHEREOF, Surety Insurance Company of California has caused these presents to be signed by its duly authorized officer, and its corporate seal to be hereunto affixed this ._-.18th - day of- Decetnber SURETY INSURANCE COMPANY OF CALIFORNIA ... (Qsm...1�.,L....--- John F. errill President STATE OF CALIFORNIA COUNTY OF ORANGE 9S: On this.lWilay of .....A.D. 19.7.9..._., before the subscriber, a Notary Public of the State of California, in and for the County of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY INSURANCE COMPANY OF CALIFORNIA, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru- ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that Article IV, Section 7(b) of the By-Laws of said Company, referred to in the preceding instrument, is now in force. IN 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. am L SF,AL.�.. yNotar Public---.. -..- - - ---� . 1•AARCUSCaroly JCus - CALIFORNIACOUNTYres FEB 4, 1981 CERTIFICATE 2250 W. Whittier Blvd., La Habra, CA 90631 I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that the attached Power of Attorney remains in full force and effect, and has not been revoked; and furthermore that Article IV, Section 7(b) By-Laws of said company as set forth in said Power of Attorney, are now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this.....FEBRUARY -4..r..._19_$Q... ��►es�-+� (SEAL) ....... . .......................... Secretary 560-05-4 Contract Bond-California Labor and Material-Public Jcs . BOND NO. 005780 Surely Jn wrance Company of California BOX 2430 2250 WEST WHITTIER BOULEVARD LA HABRA,CALIFORNIA 30031 KNOW ALL MEN BY THESE PRESENTS: That we, TOMO LANDSCAPING COMPANY as Principal and the Surety Insurance Company of California organized and existing under the laws of the State of California and authorized to transact surety business in the State of California., as Surety, are held and firmly bound to the State of California for the use and benefit of the State Treasurer as ex officio treasur- er and custodian of the Unemployment Fund and any and all materlalmen, person, companies or corpor- ations furnishing materials provisons, provider or other supplies used in, upon, for or about the perfor- mance of the work contracted to he executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or con- tributing to said work to be done, and all persons performing work or labor upon the same and all per- sons supplying both work and materials as aforesaid, in the sum OfNINETEEN THOUSAND EIGHTY AND NO/100--------------------------------------—Dollars ($19 ,0 R Q - Q 0 ) lawful money of the United States of America, for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and several- ly, firmly by these presents. SIGNED, sealed with our seals and dated this 4th day of FEBRUARY 19 so The conditions of the foregoing obligation is such that, whereas the abovebounden Principal has en- tered into a contract, datedl January 23 19.80 , with—_CITY OF SAN THAN CAPTSTRANO to do and perform the following work, to wit. MAINTENANCE OF JUNIPERO SERRA AND EL CAMINO REAL PARKS FOR THE PERIOD FROM MARCH 1, 1980 TO MARCH 1, 1981 NOW THEREFORE, if the above-bounden Principal, or sub-contractor, fails 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 under said contract, or for any work or labor done there- on of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and, also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court and to be taxed as costs and to be included in the judgment therein rendered; PROVIDED that this bond is filed by the principal to comply with the provisions of section 3247 to 3252 inclusive of the Govern- ment Code of the State of California and liability hereunder is subject to the provisions of said section and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof. TOYO LANDSCAPING COMPANY Principal By: SURETY INSURANCE COMPANY of CALIFORNIA Surety 1 5304-01 By: 1 Neal L, Witt Attorney-in-fact STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Onthis..........................4-th.-......................day of..................FEBRUARY............................................ 19._$_Q............. before me personally came.............NEAL L. IT .................T................................................................................................................................I............... 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. s , OFFICIAL SEAL SUSAN HENRY ^0a NOTARY PUBLIC CALIFORNIA ...... ... ... .. .. .. ..............._... PRINCIPAL OFFICE IN (Notary Public ORANGE COUNTY Niy Commission Expires lune 20. 1983 5100-02 Soret insurance compan•I L'atilornia 'The Dollars and Sense Surety' HOME OFFICE IN LA HABRA, CALHrORNIA Box 2430 La Habra,Callfornla 90681 CERTIFIED COPY OF POWER OF ATTORNEY yy / No........ .4. .....309 ................ ✓Lnow art/men 6y hese Presenter 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 .........._.........__........Nea1...L.... itt......................................of.......La_.Habra.,..C.a.lifornia....._......._........_.................... .. 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. THIS POWER OF ATTORNEY IS VALID ONLY FOR A BOND OR UNDERTAK- ING EXECUTED PRIOR TO DECEMBER 31, 1980. 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 WITNESS WHEREOF, Surety Insurance Company of California has caused these presents to be signed by its duly authorized officer, and its corporate seal to be hereunto affixed this .....18th day of m. bei DeCe ........__........_, 19...79... SURETY INSURANCE COMPANY OF CALIFORNIA r. ,fiohn F. Merrill President STATE OF CALIFORNIA COUNTY OF ORANGE SS: On this.141.hay of.... ...DECEtObET...._._..........A.D. 19.79......, before the subscriber, a Notary Public of the State of California, in and for the County of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY INSURANCE COMPANY OF CALIFORNIA, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru- ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that Article IV, Section 7(b) of the By-Laws of said Company, referred to in the preceding instrument, is now in force. IN 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. OFFICIAL SEAL ....... ..._... ........... ---......._ .. y ...- CAROLYN J. MARCUS Notary u a C9rOly J. CllS q NOTARY PUCLIC - CALIFORNIA ORANGE COUNTY My comm, expires FEB 4, 1981 CERTIFICATE 2250 W. Whittier Blvd., La Habra, CA 90631 I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that the attached Power of Attorney remains in full force and effect, and has not been revoked; and furthermore that Article IV, Section 7(b) By-Laws of said company as set forth in said Power of Attorney, are now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this._$FB-RUAI?X.._9.F....19.8.0...... (SEAL) ....... ................................. ...... ..... Secretary sap-os-a 110- 00 A . M . Mei NT or Zu01 Ike /A,P� MBIDDER _ AMOUNT 9e 9 a ' BID PROPOSAL For the ADV DATES : MU NTENANCE OF JUNIPERO SERRA AND EL CAMINO REAL PARKS BID DATE: Jan. 9 , 1980 To the Honorable City Council City of San Juan Capistrano From_ OL-f>N/�SCAO�� ontractor of Gentlemen: The undersigned, as bidder, declares that he has carefully examined the locati.on (s) of the proposed work as described , examined the specifications and general conditions therefor, read the instructions to bidders, and is familiar with all pro- posal 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 ac- cordance with the specifications for the maintenance of Junioero Serra and El Camino Real Parks , in the time stated herein, for the lump sum given on the following pages of this proposal . In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals . It is also understood by Bidder that the City of San Juan Capis- trano has the right to reject this proposal or to award a con- tract. to the undersigned at the prices stipulated. If the pro- posal is rejected, then the enclosed check or bid bond shall_ be returned to the undersigned within thirty (30) days . If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is de- livered 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 dif- ference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of .this proposal . Accompanying this proposal is (insert Illy fl "cashier ' s I 1 -- 1i'l �- II a �U cash cashier s check certified ch'eck or "bidder ' s bond" , as the case may be) in an amount equal to at least ten percent (10`' ) of the total bid. -3- the surety Tne following is the name and place of business of company which will furnish the required bonds as surety if the work is awarded to the undersigned : Licensed in accordance with an act providing for the registra- tion of contractors--License No. C24 LJ�fr/ao 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: I LZ S � Z70 y Business Addres Telephone Number E PARKSI TES dUNIPERO SERRA 3. 75 Acres , located at Calle Santa Rosalia and Calle Bonita EL CAMINO REAL PARK 4. 5 Acres located on Camino Capistrano from La Zanja to Calle. Chueca TOTAL ACRES: 8. 25 TOTAL ANNUAL COSTS $ �Sy� Further, the undersigned bidder certifies that he has thoroughly chec..ed the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Signature der Address Telephone -5- NON--COL0103 AFFIDAVIT TO BE EXESED BY Bllli)E,: A13D SUI'MITTED WITH BID STATE Cl! CALIFOENIP ) ss County of Orange ) t7rJL/j UHSH/%!1 being first duly sworn deposes and says that he is �RfiAicr UHSYl17qof la ck �v�Scy7�l�1 rs the party making the foregoing bi.d; that such bid is not inadh 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 sharp; 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 anv bidder or anyone else to put in a sham bid, er 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 tk.a 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 breavdown 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, organi- zation, .bir' depository, or to any r, =mber or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business; By Subscribed and sworn to before me this _8th day of January i 1980 . OFFICIAL WSM— i Alexandra L. Alarcon . NOTARY PUBLIC•CALIFORNIA Notary Public in and for said County and State Principal Office in Orange County My Commission Exp.April 1.1983 PROOF OF PUBLI#ON Thin space 0 the County Clerk's Filing Stamp (2015.5 C.C.P.) RECEIVED STATE OF CALIFORNIA, +� County of Orange DEC (,� � AN T City of San Clemente CITY O F SAN JUAN Proof of Publication of ............. ..........„._..... I am a citizen of the United States and a resident ..........................................................................r of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of the San Clemente Sun-Post a newspaper of general circulation printed and published DAILY ----- ------------ ..._.. ._... in the City of San Ciemcnte County of Orange, and which newspaler 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 fi been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ---------- ....Declolub r. 14--and._21......... .......................... all in the year 19......79 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this 21st da• of ......December......._ 19........7.9 ......./../ /T ................. Si/gnature SA;: CLEMEN-17E PUBLISHING CORP. 1542 North EI Camino Real - P.O. Box 367 San Clemente, Calif, 92672 - Phone 714492-5121 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: DAILY SUN-POST IIelen Nielsen, Legal FOR PUBLICATION ON FRIDAY, DECEMBER 14 , 1979 and FRIDAY, DECEMBER 21 , 1979 DOCUMENT(S) TO I3E PUBLISHED: NOTICE INVITING BIDS - MAINTENANCE OF JUNIPERO SERRA PARK AND EL CAMINO REAL PARK PROOF OF PUBLICATION: Please send to: Office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: _/ �.,' BATi:_j)cCem r 3, 1979 ' Date sent to paper Date proofed Date published Date affidavit received Cos; NOTICE INVITING BIDS MAINTENANCE OF JUNIPERO SERRA PARK AND EL CAMINO -REAL PARK Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the maintenance of Junipero Serra Park and E1 Camino Real Park until 11:00 a.m. on the 9th day of January 1980 A pre-bid conference is scheduled at 10 :00 a.m. on the 4th day of January , 1980 , 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 Dated: December 3, 1979 CGL K' - CITY QF SAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA NOTICE INVITING BIDS Public notice is hereby aiven that the Citv of San Juan CaPiS- trano will up to 11 a.m, on the 9th day of January, 1980, receive sealed proposals or bids for the Maintenance of Junipero Serra and El Camino Real Parks , in accordance with the approved . specifications on file in the office of the Citv 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 ac- companied 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 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled for 10 a .m. on the 4th day of January , 1980, at the City Offices . The contractor shall have the opportunity for clarification or interpretation of any ; oint 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 Pro- ceedings . for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid con- ference, 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 wanes , 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 office of the City Clerk of San -7uan Carl - t� c.�o , 32400 Paseo Adelanto , San Juan Capistrano, California . Copies of the specifications for use in preparing bids may be obtained at the office of the City Clerk, San Juan Capistrano, at the address shown above. One set of sorcifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $5, non-refundable, is required for obtaining each set of specifications . Each bidder shall state the California Contractor' s License Number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors . This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 3rd day of December 1979 . CITYCLERK/ -< � If CITY OF SKN ,JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA The successful bidder, simultaneously with the execution of the Contrz,� t, will be required to furnish a faithful performance bond equal in amount to one hundred percent (100%) of the annual contract price and a labor and materials bond equal in amount to one hundred percent (100%) of the annual 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- J b i AGENDA ITEM November 28, 1979 TO: James S . Mocalis , City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Specifications and Call for Bids - Maintenance of Junipero Serra Park and E1 Camino Real Park SITUATION The contract for landscape maintenance service for El Camino Real and Junipero Serra Parks expires February 28 . Specific- ations have been prepared for rebidding and are available for inspection in the Department of Public Works and the City Clerk' s office. FINANCIAL CONSIDERATIONS Funds have been budgeted in the Contract Services Account of the Public Works Maintenance Division for this work program. ALTERNATE ACTIONS 1 . Approve specifications and call for bids for landscape main- tenance in Junipero Serra and El Camino Real Parks . 2. Request further information. RECOMMENDATION By motion, approve specifications and call for bids for landscape maintenance in Junipero Serra and EI Camino Real Parks . Respectfully submitted,�G LW 'DN 4u);;� WDM:PH/tw FOR CITY COUNCIL AGENDA .... CITY OP SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA SPECIFICATIONS & CONTRACT DOCUMENTS FOR THE MAINTENANCE OF JUNIPERO SERRA PARK AND EL CAMINO REAL PARK CITY COUNCIL KENNETH E. FRIESS, MAYOR JAMES THORPE PHILLIP R. SCHWARTZE LARRY BUCHHEIM GARY L HAUSDORFER W. D. MURPHY DIRECTOR OF PUBLIC WORKS November, 1979 T A B L E O F C O N T E N T S CONTRACT DOCUMENTS NOTICE INVITING BIDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 BID PROPOSAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 NON-COLLUSION AFFIDAVIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 INSTRUCTION TO BIDDERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 BIDBOND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 FAITHFUL PERFORMANCE BOND. . . . . . . . . . . . . . . . . . . . . . . . .20 LABOR AND MATERIAL BOND. . . . . . . . . . . . . . . . . . . . . . . . . . . 22 GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 CITY PAIR'CS VII._l ACE- SALI .lU4rt 1� Prt[,rt,,rn 30700 R^nchp Vlrvp i Ft Y �.7 . t1r EL CAMINO REAL PARK Camino Capistrano SERRA PARK Calle Santa Rosalia ro, � 7 3 r CAPISTRANO ELEMENTARY SAN JUAN CAPISTRANO v CITY OFFICES 31422 Camino Capistrano 32400 Paseo Adelanto SAN JUAN HOT SPRINGS -� O C ��4 DANCE HALL GLS 32506 Paseo Adelanto i FOUR OAKS PARK MARCO FORSTER JR. 5� Via Del Cerro HIGH SCHOOL Pr f j 25601 Camino Del Avion COOK PARK •- -. ,S`�Y �,+� ,. Calle Arroyo '' SAN JUAN ELEMENTARY EI Camino Real and Spring l � LIBRARY I 31882 Camino Capistrano BONITA PARK \ CRAFTY HOBBIES Via Dcl Rey 1 A� 32261 Camino Capistrano ALTO CAPISTRANO DESCANSO PARK ull San Juan Creek and Bike Trail wll tltlliUu:u�.�"a . U It IIUWIW a•'t'-t� �t .� 111 ll IlU llrtd itld d.l u�Wa PCZl r'l'tu lla l 4U ' r'AMI"MOBILE SITES t q S1'RUCTION TO BIDDLRS • Securing Docnmenta. • wpecification clocu?,?ents will be available for examination without charge And copies may be secured in accordance w: th the "Notice Inviting Bids . " Y;>:amination of Specifications and Site o`_ ;fork. The bidder is required to 'examine the site of work, the proposal , and the specifications very carefully. Ile 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 upop 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. A11 prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may -be crossed- out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. " ' C. Bids shall not contain any recapitulation cf the work to be done. Alternate proposals wi.il not be considered except - as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. - The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder must accompany his bid with either a cashier ' s check upon sone responsible bank , or a properly certified check upon such bank, or an approved corporate surety bond payable to the City for .such a sum of not less than ten (10) percent of the r.egate sum of .the bid, 0ich check or bond and the monies represuntcl thereby snail be held by 'i.11e City F:Ei C1 t_iC 1i1d er , if aWarClCd the ' contract , kill in grow faith cn Cer into ouch 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 requi_::ed by these documents, such caeck 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. Abid received and not accompanied by such cashier ' s check., certified check or approved bond shall be rejected. �'. 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. " Bid's 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 Citywill, in open session, publicly open, examine, and declare the bids at the time set forth in the "Notice Inviting Bids. " Bidders . or their authorized representatives are invited to be present. Interview of Bidders If deemed necessary, the three •lowest bidders will be requested to appear for interview before the Director of Public Works or his authorized representative. Award of Contract or Rejection of Bids: No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the rorty-five (45) days from the date set for the opening of bids. -10- The contract for the woo will be awarded to the *west responsible bidder coTnlyinq with th(—c instructions and with the "Notice Inviting Bids. " The City, however, reserves the richt. to reject any or all bids and to waive any norcosiformity in the bids received. The bidder to whom the award is made shall execute a written Contract tt: h t..c City and fur. i ,'.1 t:,_- stipulated bonds within fifteen (15) days after the notice of award of contract. The Contract Agreement shall be made in the form adopted by the City. The release . of the successful bidder ' s surety deposit, as previously stipulated, shall be made upon the City ' s acceptance of the Labor and Materials Bond and the Faithful Performance Bond. ' If the bidder to whom the award is made fails to enter the contract as . herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. Bonds. The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Materials Bond in a sum not less than one hundred percent (100%) of the total annual amount pavable by the terms of the contract and a Faithful Performance Bond in a sum not less tha one hundred percent (100%) of the total annual amount of the* contract. Sai bonds shall be secured from a surety company satisfactory :.o the City.Sure 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. Assignment of Contract. No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, -or of funds to be received thereunder by the Contractor, will be recognized by the awarding *authority and the surety. has been given notice of such assignment in writing and has con- sented thereto in writing. Workmen and Wares. Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City pursuant to . said Code and as listed in the "Notice Inviting 'Bids" . -11- • BID BOND Y.NOil ;,.LL !%E` TliijL "!,'LS-i.i. 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 JUIN 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 oUAN CAPISTRANO, for which payment well and truly to be made, we bind ourselves, our heirs, successors, executors, administrators and assigns , jointly and severally, by these presents. " THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 19 , for the maintenance of for the CITY OF SAN JUAN CAPISTRANO, Orange County, California. NOW, THEREFOvE, if the Principal shall not withdraw said bid -within thirty (30) days after the opening of same, and shall within fifteen (15) days after the agreement has been presented to him for execution enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and 'for the protection of laborers and materialmen, or in the event of the 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, other- wise to remain in full force and virtue. IN WITNESS WHEREOF the above-bounden parties have executed this instrument under their several seals this day of , 19 the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (if individual} • PRINCIPAL By Title ATTEST (if corporation) Title. -18- Corporate Seal ATTEST: SURETY By Title . Title Corporate Seal -19- ' - � GIS..'.:�l;T„ Plt v�.T✓1C1 iiJ A. Turf Grass 1. All lawn areas are to be mowed weekly, or as needed to maintain the height specified below and borders neatly edged. Trim around sprinkler heads as needed to provide maximum water cove age. Trim around planters . Remove and dispose of all cuttings. Mow to the following height: Bermuda 1/2" to 1" Bluegrass 1-3/4" to 2-1/4" 2, Irrigate as necessary to maintain proper growth rate and optimum appearance isee Section 3 .E. , Irrigation) . 3. Maintain lawn areas in a weedfree condition. a. A preemergent crabgrass control shall be applied to all bluegrass turf between February 15 and April 15 of each year. b. Chemical control of broadleaf weeds shall be initiated on an as-needed basis to maintain a "weed free" turf condition. This shall be the program for all bluegrass and bermuda grass areas. 4. Aerate once a year between February 1 and March 31. Aerate all turf by removing 1/2" by 2" cores of sod with an aerator machine at' not more than 6" spacing. .. 5. Turf shall be dethatched once a year between February 1 and March 31. This shall be accomplished by using a "flail type" dethatching machine. 6. Fertilization: a. Bluegrass turf shall be fertilized every 30 to 45 days, as needed, at the rate of one pound of actual nitrogen per 1, 000 square feet. A 16-6-8 formula with trace elements is recommended. I?. Bermuda grass turf shall be fertilized at the rate of one pound of actual nitrogen per 1, 000 square feet. Fertil'i.zer 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. -23- 7. A broad spectrum fungicide (such a•?.ctidone RZ) shall be appl.i.•._:i to all iuiu`gra:,s turf at the preventive rite beginning April' 1 each year. Additional appli- cations shall be made at the curative rate as necessary througiiout 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 •eadh application to be one pcund 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. 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 ail 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. -24- Additio* weed control shall be 10tiated as necessary to maintain a weedfree condition. S. Ground cover areas should be fertilized every ninety (90) dayr,. ra!_e of . _:ch r licatiCn to be one pound of actual nitrogen per 1, 000 square feet using 16-].G-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. B. 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. - 25- E. Irrigation System 1. The CONTRACTOR --hall maintain the complete 'sprinkler system in an operable Co:idition. 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-:.attiring 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. 8. Irrigation of park will be accomplished between 10 : 00 -p.m. and 3: 00 a.m. , subject to change by CITY. 9. Irrigation by water truck will be accomplished during daylight hours and no less than bi-monthly, or as directed. 10. A minimum 500 gallon capacity tank -is required. F. Common Seating Areas 1. Sweep, clean and remove debrisa minimum of once a week. 2. Inspect and checkallbenches 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. -26- G. Restro:--.7 1. As required, restroo;a facilities will be maintained by CITY. . H. Generai 1. Vegetation shall not overhang a sidewalk at less than 7 feet in height or a roadway at less than 14 feet ._n height. 2. All operations will be conducted so as to provide maximum safety for the public. 3. Where CONTRACT work may create potential or known hazards on streets or roads and to persons traversing them, CONTRACTOR shall obtain at his own expense and place whatever signs, lights , barricades , cones or other safety devices are necessary to prevent accidents , injuries or damages , consistent with the Orange County Manual of Warning Signs , Lights and Devices and with all other applicable ordinances F--id statutes. When working adjacent to the roadway, red vests shall be worn at all times. 4. Leaves, paper, weeds, and any -other debris will be removed from landscaped areas and disposed of offsite. Trash cans provided by the CITY will be emptied and washed out after emptying. >. 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 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. -27- CONTIZACTOR is further required to stock high usage items for repair of irrigation systems . CONTRACTOR will. be rcj-,m-'-urscd• the wholesale 'cost of such materials zc- ? parts - ca of roz.crly itcmiced invoices . Any other types of materials required to Lo, furnish_d :rill be considered as c--tra work (see Exhibit I, H) . 9. CONTACTOR 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. C0Id:'P71CTOR is further required to provide CITY with an emergency number for contact outside the normal working hours . 10. Whenever herbicides are used, CONTRACTOR shall apply when air currents are still, to prevent herbicide drift onto adjoining property, and to prevent any toxic exposure to persons whether or not they are in or on the grounds. 11. CONTRACTOR is also required to provide uniforms and name badges for all field personnel. 12. Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. 13. Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. 14. Compile and maintain "as builts" of all irrigation systems to include location and serial numbers of major components . Turn over to CITY on termination of agreement. 15. CONTRACTOR shall not block bike trail with equipment or materials during or after his maintenance operations. 16. Rake and remove debris, trash and other materials .a minimum of twice a week. 17. Remove from park and parkways any and all animal feces or materials detrimental to human health daily. T. . Extra Work 1. Extra work will not be performed without prior approval by CITY unless a condition exists wherein it appears there isonger of injury to person or damage to . property. 2. Extra work may be requirod by the CITY as a result of act=: of God, vandali—i, theft, civil dPsturbances or accidents . 3. Extra work may be required by the CITY in order to add new la;,dscaping 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 Eirector 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.- -29- TABLE OF CONTENTS Page CONTRACT DOCUMENTS NOTICE INVITING BIDS 1 BID PROPOSAL 3 NON-COLLUSION AFFIDAVIT 7 INSTRUCTION TO BIDDERS 8 AGREEMENT 12 BID BOND 18 FAITHFUL PERFORMANCE BOND 20 LABOR AND MATERIAL BOND 22 GENERAL PROVISIONS 23 • NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ss County of ) being first duly sworn deposes and says that he 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, r )ught 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, organi- zation, bid depository, or to any member or agent thereof, or to .any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business . By Subscribed and sworn to before me this day of 19 Notary Public in and for said County and State -7- 0 0 INSTRUCTION TO BIDDERS • Securing Documents . Specification documents will be available for examination without charge and copies may be secured in accoruance with the "Notice Inviting Bids. " Examination of Specifications and Site of work. The bidder is required to examine the site of work, the proposal, and the specifications very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the 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 recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral , telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial. responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder must accompany his bid with either a cashier ' s check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City for such a sum of not lees-- than ten (10) -g- 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. Interview of Bidders If deemed necessary, the three lowest bidders will be requested to appear for interview before the Director of Public Works or his authorized representative. Award of Contract or Rejection of Bids . No bidder may withdraw his bid for a period of forty-five (45) days after the date set, for the opening of bids. The contract for the work will either be awarded or the bids rejected within the forty-five (45) days • from the date set for the opening of bids. -9- The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids. " The City, however, reserves the right to reject any or all bids and to waive 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 made upon the City ' s acceptance of the Labor and Materials Bond and the Faithful Performance Bond. If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. Within ten days after the awarding of the contract, the City will return the proposal guarantee accompanying each of the proposals which are rejected. 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 (1000-) of the total aiiount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent (1000 ) of the amount of the contract. Said bonds shall be secured from a surety company satisfactory to the City. Surety companies, to be acceptable to the City, must be authorized to do 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 (1.2) months. Assignment of Contract . No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority and the surety has been given notice of such assignment in writing and has con- sented thereto in writing. Workmen and Wages . Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages . Wages shall. -10- not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids. " • -17.- ATE COMPENSATION P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101 I NSUFtANCE FUND December 27,1978 P F 0 IV OEC h 16 Sr; 1", i t CERTIFICATE OF WORKERS' COMPENSATION INSURANCE! City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attention: City Clerk This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. 434694-79 1-01-79/1-01-80 EMPLOYER r PRESIDENT Toyo Landscaping Company 523 South Newhope Avenue Job : Bessanconsa park ( it-. )••, )) 1) Santa Ana , California 92704 El Camino Real Park Junipero Sierra Park San Juan Capistrano, CA. SCIF FORM 262A(REV. 8-78) e�e asv m PR6-3 i-D MA_LL4T OF 3UN i P S _ p �EL CA�i Np •P r �f.��Ra«s sP3�..� $5 .D0 Wc-D -'S 9 , kC(w - Via' ' : capir. OILI)_X93 =X731 �f}a�lt�sc, canm2 7aKS �o LLUD4 cA 9��6 moo:(7/4) - y840 js0-n s, Ca�g- " 33 ( -66)& 3 37 Z SIoZ—� zo3 �� 7 _ �f !►.rd eyx. _-- 70 - .-D_lr.o ,u.y_ r�u� - ,3�6..-7s'v ._ /�►�n t �j+c. �¢Nc�GA lii� f/�� - Ct 3 PEI"C iA S E 0 0 tl 77 PLIRCI I ASE ORDER Nc., IGI 1115 P_0. 14JMBER MU51 C. APPEAR ON ALL PKG, CAR CTONS,91675 , S4VVSING PAGERS ETC 12-5-79 VENDOR SmPm. City Hall T, YAQ An � 32400 rasea Adelanto n4zto Ano, 0 ! viv San Juan Capintrano PAS: Vv n W U A 1.W CA 92G75 Y14) 131- 7 9 7"', lj,ON P.01 FOB UT PPICE NT AMOU %-v IT PEC M Qwr to woravy 2anincson painuz Lynne M z! caplk- Mal too 30ripZra horra PaX4, 1q. aa DMtinnml tni �onnhs e % QI,460.03/ r ,nLh for "P-c�W7 11, !G79 to wbruary 29 , (son altraInj 30ttuy. ) ------:._ ._..1----------------------- -------- - - - ------- T HRM S iAx BY ANOW.As cQpV PURCHASE ORDEP r " i J PURCHASE ORDER No.* P1430 11 d THIS P.O. NUMBER MUST 3244011 PASEO ADLL.ANTO APPEAR ON ALL PKG., CAR" SACT JUAW CANSTRANO, CA, 92675 TONS, SHIPPING PAPERS ETC. 171,1,i 493-1171 DATE: 12•-5-79 VENDOR.: SHIP TO. City Hall 216 F,1) N 32447 PaSCO Adelanto L!A'tn' to CA 92G75 ('714) 531-12�170 VRJUOC NO. BID kEFERENCECONFIkMING i2+W.S3� Lu mwmms� irCUl0lilON NO.. ACCOUNT NO. DEPARiMErui FOB. A CRANPiY a... Reu UNIT UCSC RIPTI YIN kEcervep UNIT PRICE AMOUNT I rU.i'Chc1£H t?:"df_'2' to Cn`:F.2Y m Ul Caz•._ .r.: Re al and rJ''anip4ro £ E,rra ParRs for :sill :2i` `io:`.Y�,1 tw,,? Y`1L9nt s t Y v oath for A4. w�`.i},1}(r�. 311, IS-1€5 t-,,i February 29 , ME�e att&zs-had let*cr. � I 'TERMS SALES TAX by—'" -: _"—r.• .�'t. -��..._ TOTAL �I9I ry PUKnA51N(.AGENtIUfL-u1Y IYL.i. t� c� � ----___Daae Z_— __�_nnMem ornn dur.} Y/__ ry _,d W"�. �No Anmt unPaid ENCUMBRANCE Roared Ey _.___"___---___..__�_____...____ . -- MAD: BY.___._�_ ACC<N�J1;:JG COPY ---- -- - - - --- DATE_"_".__-'---------_------------__.— 0 sanubcaping P�. 225 = S. NE`1JHOPE AVENUE, SANTA ANA. CALIFOR44z �-7t�,:� (714) 531-2E370 DEC 25 PH '70 5t,tz J!i,^,1{ November 29 ,1979 l t' r I_5 f .-"'. Mr. Bennie Davis 32400 Pasero Adelanto San Juan Capistrano , Ca. 92675 Re: Park Maintenance - E1 Camino Real & Jun.ipero Serra Park Dear Mr . Davis: In regard to your telephone call to our office on November 29 ,1979 about extending our contract to March 1 ,1980 , at the same price we are curently charging, we would be happy to continue to maintain the service we are doing at the same price of $1460 . 55 per month. Sincerely Francis Ohshita v� 400 Pl ino a i ° " SAN JUiIY1 �Q 1P15TRA Q�iCA}71Ft,� 11 92675 i ' r r ON M i i December 20 , 1976 TO W1110M IT MAY CONCERN: Subject : Pari Maintenance -- El- Camino Neal Paris and Juniporo Sorra PArk APUE_rtI'll 1`4 1-1 401jce has DOW Oiven ,;o nrnsYeetive Uiddays of the abocc rerea'enweO project Lha! tine !V1il1wi ng chango has been n.noe to the prujec;t subsequent Lo 1,hc publishing of the -legal notice : Page 1 , paragraph 5, Change Rogolutjon 175-5-7-3 , which establishes arevailing ra.to; in orange County to read : Pesoluiicn P76--11-17--3 Very truly yours , 7r virc„ _, _ of pobl is works/ City X i� ! • CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PARK MAINTENANCE EL CAMINO REAL PARK AND JUNIPERO SERRA PARK CITY COUNCIL DOUGLAS B. NASH, MAYOR YVON 0. IIECKSCHER JOHN B. SWEENEY RICHARD D. MCDOWELL KENNETH E. FRIF.SS W. D. MURPHY DIRECTOR OF PUBLIC WORKS - CITY ENGINEER 1976 NAME AND ADDRESS OF AGENCY ARMSTRONG/ROBITAILLE INSURANCE SERVICES COMPLNIES AFFORDING COVERAGES 14181 Yorba St. , Ste. 101 COMPAN) Tustin, Ca. 92680 LETTER A Transamerica COMPAN` LETTER B Maryland Casualty NAME AND ADDRESS OF INSURED w LETTER T6YO LANDSCAPING COMPANY, INC. COMPAN' D 225 South Newhope LETTER 1160 JUAN Santa Ana, Ca. 92704 CAPISTRAW COMPTERAN` E LET This m to :ertify th t policies of insurance liste 1 below have ben issued to the insured named above aid are info mat this til ne. Notwithstanding any quirement,term or condition of any co)tract or other document with reset R to which this certificate maybe issued or may pert lin,the ins,trance affor Jed by the policies descrlb H herein is subject to all the terms,ex fusions and conditions of such poli ties. _ COMPANY POLIC' LlRllt in Thousan S LETTER T PE OF INSURANCE POLICY NUMBER "XPIRATION DATE EACH AGGREGATE (CCURRENCE GENERAL LIABILITY BODILY INJURY � 4 S A ®CON PREHENSIVE FORM ®PRE RISES—OPERATIONS 12114101 5/7/81 PROPERTY DAMAGE III 1 E ® EXP OSION AND COLLAPSE H,ZARD El[[�I ONE ERGROUND HAZARD .� PRC)UCTS/COMPLETED LYL�Y11 O'ERATIONS HAZARD BODILY INJURY AND t(J COP TRACTUAL INSURANCE PROPERTY DAMAGE 1 500 S 5500 r� BBC AD FORM PROPERTY COMBINED DIMAGE IND PENDENT CONTRACTORS PLP30NAL INJURY PERSONAL INJU RI E 500 ALIT(MOBILE LIABILITY BODILY INJURY J (EACH PERSON) B Co IPREHENSIVE FORM BODILY INJURY 1 Ow4ED Pending 5/7/81 (EACH ACCIDENT) HIT D PROPERTY DAMAGE 1 BODILY INJURY AND NOI-OWNED PROPERTY DAMAGE 1 SOO COMBINED E)CESS LIABILITY BODILY INJURY AND ❑ UNBRELLA FORM PROPERTY DAMAGE 9 = ❑ OT 4ERTHAN UMBRELLA COMBINED TO iM WORKERS'COMPENSATION STATUEORv and EMPLOYERS'LIABILITY 3 (lnce ACCIDENT) OTHER DESCRIPTION OF O'P`ERATIONS/LOCATIONSNEHI:LES A EL CAMINO REAL PARK AND JUNIPERO SERRA PARK Cancellation: Should any of the above described policies be cancel)ad before the expiration date thereof, the issuiinntgcom- pany will endeavor to mad 30 days written r ic( to the below named certificate holier, but failure to mail such notice shall impose no obligation or liability cf any kind upon the company. NAME AND ADDRESS OF CI RTIFICATE HOLC ER DATE ISSUED:_ 6124/80 CITY OF SAN JUAN CAPISTRANO City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, Ca. 92627 ( h ORIZED REP'ESENTATIVE ACORD 25(1-79) The contractor shall perform his work in accordance with the _andard. Snncifications for Public feorks Construction , 1976 Edition, � .roinafter referred to as the Standard Specifications . The con- Tactor shall maintain a cony of this book on the job site at all mos. Tae provisions of the Standard Specifications shall be dified 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 the 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: . i Bodily Injury: $ 500, 000 each person + Bodily Injury: $1, 000, 000 each accident Bodily Injury: $1, 000, 000 aggregate products F 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 maintained 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 claire for additional compensation because of the requirement for greater amounts of insurance, as an element to be considered by the con- tractor its determining his bid. -14- I ' 1 NAME AND ADDRESS OF AGENCY WESTERN COMMERCIAL INSURANCE AGENCY COMPf.NIES AI'TORDING COVERAGES 1850 E. 17th Street, Suite 210 �— Santa Ana, California 92701 COLET ERMPANY A CENTI jftjNSURANCE COMPANY COMPANY Q LETTER inI–�� NAME AND ADDRESS aF INSURED COMPA !1 yr�.��y— TOYO LANDSCAPING COMPANY, INC. LETTER Y C- CITY ER 225 South Newhope Santa Ana, California 92704 `°MPA"Y D SAN J U A N LETTER COMPANY C J If LETTER This is to certify that policies of insurance listed below have been Issued to the insured namec above and are in force at this time COMPANY Poucv Limits of Liabilit in Thousan s 0) LETTER TYPEOFINSURANCE POL ICY NUMBER EiPIRATION JATF EACH AGGREGATE OCCURRENCE GENERAL LIABILITY Booav lnlunv $500,000 :500,000 ®COMPREHENSIVE FORM PREMISES—OPERATIONS PROPERTY DAMAGE $500,000 $500,000 ❑ EXPLLOSIIOON AND COLLAPSE HAZAR A ® UNDERGROUND HAZARD GL 7 335 213 5/7/80 ® PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS ® PERSONAL INJURY PERSONAL INJUR\ $500,000 AUTOMOBILE LIABILITY BODILY INJURY $300 D00 COMPREHENSIVE FORM (EACH BODILY INJURYSON) > BAP 7 263 887 BODILY INJURY $500>000 A ® OWNED IEACH OCCURRENCE) ® HIREF PROPERTY DAMAGE $1 NON OWNED BODILY INJURY AND PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM $ $ PROPERTY DAMAGE ❑ OTHER T HAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION srnnJroRr and EMPLOYERS'LIABILITY $ .[µM Al�iool:. Notwithstaneffil"Rany re uirement, term, or conditioi of any con ract or other document with respect to which this certificate or verification if insurance may be issued or may pertain, rib d jin is sub ct to all the terms exclus on D T VII930 1 EL CAMINO REAL PARK AND JUNIPERO SERRA PARK Cancellation: Should any of the above desGpbed policies be cancelled before the expiration date thereof. the Issuing com- pany will endeavor to mail I V_ days written notice to the below named certificate holder, but failure to mail such notice shall Impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER 6/26/79 CITY OF SAN JUAN CAPISTRANO DATE ISSUED City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, California 92627 AUTHORIZE REPRESENTATIVE ACORD 25 Ed 2-77 NAME AND ADDRESS OF AGENCY WESTERN COMMERCIAL INSURANCE AGENCY COMPI NIES AI'FORDING COVERAGES 1850 E. 17th Street, Suite 210 COMPANY pp�� Santa Ana, California 92701 LETTER A FREMONT INDECOMRINY COMPANY R LETTER y u ff NAME AND ADDRESS OF INSURED /� COMPANY ■ - CIT _ Q� TOYO LANDSCAPING COMPANY, INC. LETTER V 225 South Newhope Avenue COMPANY Santa Ana, California 92704 LETTER � _ CAPISTRt N,- COMPANY E LETTER This is to a enify th[t policies of insurance lister below have bet n issued to the insured named above a d are m for:eat this time. Notwithstanding any n quirement,term or condition of any col tract or After document with respe d to which this .ertificate may be issued or may pert:in,the insL ante afforded by the policies describe d herein is subject to all the terms,exp fusions a nd conditions of such RON.iI _ COMPANYPOLICY Limits of Liability nThou�rr) ) LETTER TYPLOFINSURANCE 'OL ICY NUMEEP IAPIRATION DAIF EACH ACGREGATE C:CURRENCE GEN=RAL LIABILITY BODILY INJURY S S ❑COM'REHENSWE FORM ❑PRO ISES—OPERATIONS PROPERTY DAMAGE $ $ ❑ EXPLDSION AND COLLAPSE HIZARD J UND RGROUND HAZARD ❑ PROHUCTS/COMPLETED OF ERATIONS HATARD BODILY INJURY AND _ICON RACTUAL INSURANCE PROPERTY DAMAGE IF s PROD FORM PROPERTY COMBINED D/MAGE ❑ INDPENDENT CONTRACTORS ❑ PERSONAL INJURY PERSONAL INJUFY IF AUTO MOBILE LIABILITY BODILY INJURY $ (EACH PERSON) ❑ CONPREHENSIVF FORM BODILY INJURY $ ❑ OWP ED (EACH ACCIDENT) ❑ HIRE PROPERTY DAMAGE IF BODILY INJURY AND ❑ NOP OWNED - PROPERTY DAMAGE IF COMBINED EXUESS LIABILITY - -� --- -- — BODILY INJURY AND ❑ UM(RELLA FORM PROPERTY DAMAGE $ b ❑ OTTER THAN UMBRELLA COMBINED FORM IWORKERS'COMPENSATION STATUTORY A and WP_79-136238 8/1/80 EMPLOYERS'LIABILITY 6100,000 El.ACIoUAU Notwjthstan@IY@ any re uirement, term, or condition of any contract or other document with respect to which this ertificate or verification of i surance may be issued or may pertain, DE I I /L TI IC JOB: E1 Camino Real Park Junipero Sierra Park San Juan Capistrano, California Cancellation: Should any of the above descr �d policies be cancellef before the expiration date thereof, the issuing com- pany will MKIWXXXXO(mail _ days written notice to the telow named certificate holder, but failure to mail such notion shall impose no obligation or liability of any kine upon the company. NAME AND ADDRESS OF CEI TIFICATE HOLDE Y. CITY OF SAN JUAN CAPISTRANO DATE ISSUED 7/30/79 _ 32400 Paseo Adelanto San Juan Capistrano, California 92675 AUTHORIZET!TREP1011 SENTATIVE ATTENTION: CITY CLERK ACORO 25(b79) 432000 PA5E0 AO LLANTO SAN J A,NCAPISTRAN0,CA7LIP R 92675 \f;Nt]NE 49S'111 t'7 4 ' f March 4, 1980 Toyo Landscaping 225 South Newhope Santa Ana, California 92704 Re: Maintenance of Junipero Serra and E1 Camino Real Parks Gentlemen: The executed contract, required bonds and insurance for the maintenance of Junipero Serra and E1 Camino Real Parks, awarded to your company by the City Council at their meeting of January 23, 1980, have been received in this office. Enclosed please find your Cashier ' s Check in the amount of $2, 000. 00 from California First Bank, submitted as the bid bond for the above-mentioned project. Thank you for your cooperation. Very truly yours, (MRS) MARY ANN HANOVER, CMC City Clerk MAH/cdc Enclosure cc: Director of Public Works Benny Davis, Public Works CASHIER'S CHECS • . 2033 i Fifth & Main IOFfIGE OF IS SUc I6 303] � REMFTTER Toyo Landscaping DATE January 8, 1980 1220 r 1 F PAY TO THE ORDER OF k * %` 4t %r * City of San Juan Capistrano ,2,000,00::* CALIFORNIA "' LOS ANGELES MAIN OFFICE TREET FIRST BANK El LOS WEST ES.LOS ANGELES. CALIFORNIAAUFO90017 •UTMONISEO SIGN AE 1102033L. 7lie 1: 1220303721: 131,1999 079lie i I r I I i i T f i 6!,�,4 32400 PASEO ADLLANTO SAN JUAN CAPISI'RANO,CALIFORNIA 92675 -PHONC 4931171 January 28, 1980 Toyo Landscaping 225 South Newhope Santa Ana, California 92704 Re: Contract for Maintenance of Junipero Serra and E1 Camino Real Parks Gentlemen: At their meeting of January 23 , 1980, the City Council awarded your company the contract for maintenance of Junipero Serra and El Camino Real Parks at $19, 080 . Enclosed are two copies of the contract. Please sign both copies and return the "City Copy" to this office; the remaining copy is for your files . Please note the bond and insurance require- ments listed in Section 8 of the contract, which must be met before the contract is effective. If you have any questions, please do not hesitate to call . Thank you for your cooperation. Very truly yours , (MRS) MARY ANN HANOVER City Clerk MAH/cj Enclosures cc : Director of Public works Grc� GRAYLAND DEVELOPMENT INCORPORATED DATE: Drcember 26 , 1`%79 TO : City of San Juan Capistrano 32400 Ia;,ec Adclanto Sar. Juan Capistrano , CA PHONE NO. (714) 497-1171 ATT : RE: ",L"L.tenance cf Juni: e.ao Scrra Park and El C�:�:,inc Veal Par,. PLEASE FORWARD PLANS AND SPECIFICATIONS FOR THE ABOVE PROJECT( S) AS SOON AS POSSIBLE. Y ENCLOSED IS A CHECK FOR $ ;.00 AS A PLAN, SPECIFICATION AND/OR MAILING FEE. FORWARD PLANS AS INDICATED, AT NO CHARGE. CORDIALLY, GRAYLAND DEVELOPMENT 15955 KAPLAN INDUSTRY, CA. 91744 TELEPHONES:( 213)336-6063/968-0715 �nrr ck# •... green sht, date bids - �% �0C at _ A.M. /P.M. Refundable Non-refundable ^00.00 Allowance $ 2% , 1 wee \,- •i� / i7 FIGURE 1 • f I /Ic 4, r REAL PAR ; p 'I' .� ,E4 � r^r4M`� . � z iib •o\ . EL CA/'✓l//FAQ °'� �� • c , M ji b ' • INSURANCE BINDER RECEIVED ftF `J 1l 11 23 Rw '11 FINSURED'S NAME AND MAILING ADDRESS: I � This order is a temporary Insurance Contract to serve as e#&inye&JMnsurance pending: TOYO LANDSCAPING COMPANY INC. ❑ Issuance@ji�6614f a Policy 523 S. NEWHOPE ❑ Issuar6W4 SeliRr4b11�Renewal Policy SANTA ANA, CALIF. ❑ Issuance and Delivery of Endorsement J ElNegotiation of Rates. Premium or Coverage THE THE HARTFORD INS. CO. (NAME OF INSURANCE COMPANY) is hereby bound to the insured, named above, subject to the conditions set forth below as follows: DESCRIPTION OF VEHICLES, PROPERTY OR -TYPAMOUNT OF INSURANCE OPERATIONS AND LOCATIONS E OF COVERAGE AND INSURED PERILS OR LIMITS OF LIABILITY 1 All vehicles owned by the LIABILITY $1,000,000.00 CSL insured. B.I. P.D. COMP/and COLLISION 2. COMPREHENSIVE GENERAL COMPREHENSIVE GENERAL LIABILITY $1,000,000.00 CSL LIABILITY. MORTGAGEE OR LOSS PAYEE: FOLLOWING CLAUSES, SPECIAL CONDITIONS OR ENDORSEMENTS SHALL APPLY TO THIS INSURANCE: Binder Sent To: 0 Insured ❑ Mortgagee or L/P Other CITY OF SAN JUAN CAPISTRANO Effective: FROM: 12:01 Feb. 9 19 77 TO 12:01 A.M. March 9, 1977 It is expressly stipulated that this binder is issued (1) subject to all the terms and conditions of the policy regularly issued by the Company in the state in which the operation or property is located, which policy is hereby made a part hereof to the same extent as if fully set forth herein, (2) and to the payment of premium based on published or manual rules and rates which premium, in the event of loss before expiration of this binder, shall be fixed at the earned premium for the insurance afforded. It is a condition of this binder that whenever the Policy of this Company is issued in lieu of its undertaking under this binder, its obligations hereunder shall cease and be void; provided, however, that this binder shall not continue in force beyond the expiration date stated herein.This binder is made and accepted subject to the foregoing stipulations and conditions and shall not be valid unless countersigned by the duly authorized agent of this Company. This Binder may be cancelled at any time by the Insured by its surrender to the Company or to this agent, or by giving notice to the Company or to this agent when thereafter the cancellation shall be effective. The Binder may be cancelled by the Company, or by this agent in behalf of the Company, by mailing to the Insured, at the address shown above, written notice stating when not less than ten (10) days thereafter such cancellation shall be effective. The mailing of notices as aforesaid shall be sufficient notice. The effec- tive date of cancellation stated in the notice shall become the end of the binder period. Delivery of written notice shall be equivalent to mailing. When more than one Company is named in this binder, the above stipulations apply separately to each Company. A premium will be charged for this binder. COUNTERSIGNED at: —7R 15'9-Ali C.51 L / /c. Dated: 9— 7 7 ©IIAAC-ACORD COMMITTEE Form No.21 4/75 WESTERN BUSINESS EJSURANCE ASSOCIATES, INC. i P. o. eox 12404 FRESNO, CALIFORNIA 93777 514 12 of INSURANCE RANCE AGENCY STREET • SUITE ,N, CALIFORNIA 92646 ,i14) 963-5021 (714) 549-3713 1/28/77 RECEIVE© TO : CITY OF SAN JUAN CAPISTRANO It 12 ss EM m ATTENTION: PURCHASING DEPARTMENT CITY OF RE: TOYO LANDSCAPING COMPANY SAN ` CAPIS7RAN ANO Gentlemen: On January 20, 1977, we sent a certificate of insurance listing liability coverages for Toyo Landscaping Company. We realize that this M&C liability does not meet your current requirements. However, we are now in the process of placing the excess liability in Hartford Insurance Group. When the policy has been processed, you will receive a copy from us. We hope this certificate and letter will allow Toyo Landscaping Company to begin work on your facilities. Thank you. Mack M. Miyazaki I � MMM :jym �_ S2 FGi r �IJ 61 -1� a 7 � 77 CITY OF SAN JUAN CAPISTRANO 1 mAMI PURCHASING DEPARTMENT _(�•�y�'/y�� ,...d32400 Paseo Adelante AWHORi[ED REpRESF�NIA _ AouuEss L San Juan Capistrano, Ca. 92675 Jl J Fong 47��II v 35M 12 r,I ,VEC8ER1IFICAIE OF INSURANCE baa Za �� 1B M 111 � 'f y O p14)963-5021 ,� (714)549-3713 MI SAN ;�ANb YAZAKI INSURANCE AGENCY I 1 F�p ,S iris is io Codify, that pollcics in 1hT� 20002 BROOKNURST STREET, SUITE B i mo u4 NUNTINGTON BEACH, CALIF. 92646 TOYO LANDSCAPING COMPANY, INC. i:v LR;D 523 South Newhope IRIS CERTIFICATE OF I1,15URANCE NEITHER AFF WAINLIV NOR T11Santa Ana, California NEGATIVELY AMENDS, ERTENDS 07 ALTERS THE COVERAGE 110OR'c" I AFFORDED BY ANY POLICY DESCRIBED HEREIN. - .:i .n d•c d.na heieol, os folloRvs_ IUND UL= POLICY POLICY _ LIMIPS OF UAl11LRY ODILY INyJRANCE NUMBER PERIODPERIODBINIURY PROPERTY DAMAGE j —'—'------ bdC1!;if.L_N S LII. Corn pensuhan Low—State of NIL CUI+1.EPJSAIiJN I } L i:O,".' ? Id�N51bL GENERALS Uf S 000 L1,C1 ilAd'.L i Exp. > E ( I PQ0000IS AND (.IT 1 LiiLD OI '°RANJtVS .Ou A I 1 '1 raahL A- It)a.Rs A{VD AL6728255399 LIF-11/1/76 5 300 ouoE,Cs.1y, , , \0CH6 MALIMAY �L,1,11/1/77 S OUO E� v o- — -- t p `.i' __1 UW,\, .: LAN0LO:=DS' � � � Sit g R00 Lad' iE < . 5 1 ANU IcNANTS' LIAMLIVY ixp. y ,000 fed oc < 5 Ori rrp..n C�Nfi l2ilc,TUAI lit. 5 ,000 Eocl F- ?,tAUlLfi4 E.h_ 5 ,000 j X; GAL6728255399 ELM 5 100 000 Eochparson S/1/76 100 — , ,Qi�O Ea%h acs,+lenl� �a n„wn-obey, E.rll/1/77 �, 300 oou Eud, 016dc,0 i'I:YSICAL UA4TAtiE: co Zara�,TENS�41. L((. ACV 1AP, 'It I _ COW51oN CzP A(,V aLea `S OCU UC tILy�F� I ACV m Lc r, S_ UFUI C IIBIf ,Of NLU, 1 Elf. t„,,,,,, pi Gv.•,voo... Ucsc 'piian i OVeralions AVtomoblles to hiab Iho polay uppLes Varies Landscape Gardening ., • t A ooy inulenol c6on�eln, or mn,nl{alion of, said poGcle s, Iho andel signed company s-all endow vor Iv glue willt,-n ounce to Ihr= : fy ... , +I,,y ,fihmfa is iysoe d, Lot folime fo giva such nonce shot{impose no oblipo ilon nor PiobilJy apon Iha com pony. D.W 1/20/77 Minnehoma Insurance Company CERMACATE ISSUED TO; CITY OF SAN JUAN CAPISTRANO M, PURCHASING DEPARTMENT /--C--1-'” "' �'. - 32400 Paseo Adelante �-null;oeiceo aEyResENlanvl nuDRus L_San Juan Capistrano, Ca. 92675 J ,#)tTATE • • COMPENSATION P.O. BOX 807,SAN FRANCISCO, CALIFORNIA 94101 IN SUR A NCE FUND January 19, 1977 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE 5T d City of San Juan Capistrano Procurement Department 32400 Paseo Adelanto San Juan Capistrano, California 92675 This is to certify that we have issued a valid Workers'Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration 434694-77 1-1-77/1-1-78 EMPLOYER RESIDENT Toyo Landscaping Company 523 South Newhope Avenue Santa Ana, California 92704 SCIF FORM 262A (REV.2-76) .4W.. NATE COMPENSATION P.O. BOX 807,SAN FRANCISCO,CALIFORNIA 94101 I N SUR A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE This is to certify that we have issued a valid Workers'Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration EMPLOYER RESIDENT SCIF FORM 262A(REV.2-76) DUPLICATE 0 0 STERN BUSINESS INSURANCE ASSOCIATES, INC. , SUITE 113 1551 E. SHAW FRESNO, CALIFORNIA 93710 ` (209)222-3324 2-18-77 TO: RE: TOYO LANDSCAPING CO. INC. TOYO LANDSCAPING CO. 523 S. Newhope INSURANCE BINDER Santa Ana, Cal. and CITY OF SAN JUAN CAPISTRANO This letter is to inform you, that the Insurance Binder sent to you on 2-9-77, naming the HARTFORD INS. CO. as the Insurer is hereby null and void. This decision was made by the Insured's request. VeFy Truly Iot s, c Jeanet Sivas Manager cc; Hartford Ins. Co. Toyo Landscaping Mack Miyazaki CA1ICELLATION NOTICE . • CAL-FARM INSURANCE COMPANY 2855 TELEGRAPH AVENUE BERKELEY,CALIFORNIA 94705 � RECEIVED Date May 25, 1977 LUN 2 I 41 PM T Po Number GL 593159 J TO ALL PERSONS NAMED ON A LOSS PAYABLE ENDORSEMENT, ADDI- Cancellation Effective : 2/17/77 C{? I` ,iF Insured : TOYO LANDSCAPING CO INC S A a.! i; 6 N TIONAL INTEREST ENDORSEMENT OR CERTIFICATE OF INSURANCE: CAPS You are hereby notified that the policy indicated at the left is cancelled.The protection CITY OF SAN JUAN CAPISTRANO which has been afforded to you under this policy will cease either 10 days after receipt 2 BENNIE DAVIS of this notice or the cancellation date shown at the left, whichever is later. 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 It has been a pleasure to serve both you and the insured. We will notify you promptly f the policy is reinstated. ce 521C-1 1-30-09 Ke/24 CAAARM INSURANCE CONY BERKELEY, CALIFORNIA = CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THAT THE INSURANCE POLICY AS SPECIFIED BELOW HAS BEEN ISSUED BY CAL FARM INSURANCE COMPANY TO THE INSURED HEREIN, EFFECTIVE AS OF THE DAT E5 AND FOR THE LIMITS AND COVERAGES SPECIFIED BELOW. TH15 CERTIFICATE OF INSUR ANCE DOES NOT IN ANY WAY AMEND. EXTEND, ALTER OR VARY THE COVERAGE AFFORDED BY THE POLICY OR POLICIES REFERRED TO HEREIN. IT IS SIMPLY A SYNOPSIS, OR SUMMARY OF THE ACTUAL INSURANCE CONTRACT. NOTICE TO CERTIFICATE OF INSURANCE HOLDER', THE CERTIFICATE OF INSURANCE HOLDER 15 ENTITLED TO 10 DAYS NOTICE OF CANCELLATION AS TO THE CERTIFICATE OF INSURANCE HOLDER, THE EFFECTIVE DATE OF CANCELLATION SHALL BE EITHER 10 OAY5 AFTER SERVICE OF THE NOTICE OR THE CANCELLATION DATE SPECIFIED IN THE CANCELLATION NOTICE, WHICHEVER IS LATER. INSURED: AGEN<V COOING 52� Land"� , • STATE COUNTY TERRA 52�3� "tk 1 30 0! iaata Aim. Callfer#a KIND OF INSURANCE POLICY NUMBER / BODILY INJURY PROPERTY DAMAGE OR COMBINED SINGLE EFFECTIVE DATE LIMITS LIMITS LIMITS AUTOMOBILE $ 000 Ea. person LIABILITY $ 1000 Ea. accident $ 1000 Ea, accident MANUFACTURERS' AND &593159 $ 500,000 Ea. person $ 100,000 Ea. occurrence $ ,000 Ea. occurrence CONTRACTORS' LIABILITY 2/9/77 $ 500,000 Ea. occurrence $ 1000 Aggregate $ 000 Aggregate OWNERS', LANDLORDS' $ 1000 Ea. person $ ,000 Ea. occurrence $ ,000 Ea. occurrence AND TENANTS' LIABILITY $ 1000 Ea. occurrence $ 1000 Aggregate $ 000 Aggregate QL593159 $ $00,000 Ea. person PRODUCTS/COMPLETED 2/9/77 $ 500,000 Ea. occurrence $ 100,000 Ea. occurrence $ ,000 Ea. occurrence OPERATIONS $ ,000 Aggregate $ ,000 Aggregate $ ,000 Aggregate CONTRACTUAL $ 1000 Ea. person $ 000 Ea. occurrence $ 000 Ea. occurrence LIABILITY $ 1000 Ea. occurrence $ 000 Aggregate $ 000 Aggregate $ ,000 Ea. person COMPREHENSIVE GENERAL $ ,000 Ea. occurrence $ ,000 Ea. occurrence $ ,000 Ea, occurrence LIABILITY $ ,000 Aggregate $ ,000 Aggregate $ ,000 Aggregate OTHER: LWATIM W 91l1='!Z$ Jaaipra Tessa Mrk 11 Chir hal lack o n (per letter of 5/9/77 - Dan Gorman Ins. ) n�^ c vn � rn Mr. Floyd Tuttle, 1442 Irvine Boulevard, Suite 130 - N rw Tustin, California 832-1864 v C LD U < a A —n rn -0 cir Expiration Date : 2/9/78 o z -.AJ THIS CERTIFICATE ISSUED TO: CAL-FARM INSURANCE COMPANY .City of iaa. Jwa Call4tsaM .c/o sun" 9Msun`"_ Tarts 32400 ae Adelaata DATE 16 14'17 5" Jean hllattaaa;Calilesala 92675 By .AUTHORIZED REPRESENTATIVE CI` 853. BID BOND • (SAMPLE) KNOW ALL MEN I3Y 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, administrators and assigns, jointly and severally, by these presents. THE CONDITION OP THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 19 for the maintenance of for the CITY OF SAN JUAN CAPISTRANO, Orange County, California. NOW, THEREFORE, if the Principal shall ne'- withdraw said. bid within thirty (30) days after the opening of same, and shall within fifteen (15) days after the agreement has been presented to him for execution enter into a ,written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers •and materialmen, or in the event of the 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, other- wise to remain in full force and virtue. IN WITNESS WHEREOF the above-bounden parties have executed this instrument under their several seals this day of 19 _1 the name and corporate seal of each corporate party being -affixed hereto and these presents duly signed by its undersigned representative pursuant to author ty of its governing bode. Two Witnesses (if individual) By -- --- -- Title ATTEST (if corporation) -------1---- — Ti t.l -- — — �. _18- Corporate Seal ATTEST • SURETY By Title — Title Corporate Seal • -19- (SAMPLE) Premium Included FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS : That WHEREAS , the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to License No. hereinafter designated as "Principal, " a contract for • and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, as Principal , and 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 ($ ) Dollars , lawful money of the United States of America , for payment of which sum, well and truly to be made, we bind ourselves , our heirs, executors, administrators and successors, jointly and severally, firmly by these presents . THE CONDITION OF THIS OBLIGATION is such that, if the hereby bounden Principal , his or its heirs, executors , administrators, successors 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 obligation shall become null and void, otherwise it shall be and remain in full force and virtue. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time , alteration or modification of the contract documents or of the work to be performed thereunder. , shall. in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations or modifications of the contractt documents or of work to be performed thereunder. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all pui:poscs be deemed an original thereof , have been duly exeucted by the Principal and surety herein named, on the day of , 19 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. PRINCIPAL ----- By -20- (SAMPLE) • Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to License No. hereinafter designated as "Principal, " a contract for. ; and WHEREAS , said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors , shall fail to pay for any materials , provisions, provender or other supplies or teams used in , upon , for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the sane. NOW, THEREFORE, we Principal, and as surety are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of ($ ) Dollars , lawful money of the United States of America, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, admini- strators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs , executors, administrators , successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1 , Division 5 , Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney ' s fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. • -22- 0 0 GENERAL PROVISIONS A. Turf Grass 1. All lawn areas are to be mowed weekly, or -is needed to maintain the height specified below and borders neatly edged. Trim around sprinkler heads as needed to provide maximum water coverage. Trim around planters. Remove and dispose of all cuttings . Mow to the following height: Bermuda 1/2" to 1" Bluegrass 1-3/4" to 2-1/4" 2. Irrigate as necessary to maintain proper growth rate and optimum appearance (see Section 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. b. Bermuda grass turf shall be fertilized at t.ho 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. -23- 0 0 7 . A broad spectrum fungicide (such as Actidone RZ) shall be applied to all bluegrass turf at the preventive rete 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 usiig a 16-1.6-16 formula material . 2 . Grass areas (Alta Fescue, etc. ) shall be fertilized every 120 days with the rate of each application to be one pound of actual nitrogen per 1 , 000 square feet using a 16-16-16 formula material. C. Control pests , including rodents and snails, as needed. d. Maintain slopes weed free. 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 410 cover beds in April and September of each year. -24- 0 0 Additional weed control shall be initiated as necessary to maintain a weedfree condition. • 5. Ground cover_ areas should bo 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. 8 . 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 noode.d throughout the year , where necessary to maintain healthy, vigorous growth and good foliage color. 9 . Irrigate as required to maintain adequate growth rate appearance. • -25- E. Irrigation System • 1 . The CONTRACTOR shall maintain the complete sprinkler system in an operable condition. 2. Repair and adjust all sprinkler heads to maintain proper coverage. 3 . Adjust water application to compensate for changes in weather. CONTRACTOR will be responsible for damages occurring due to under-watering or over- watering. 4 . All replacements to be with original type material or substitutes approved by the CITY. 5. Repair or replacement of equipment damaged as a result of CONTRACT'OR' S negligence shall be replaced at the CONTRACTOR' S expense. 6 . Damage not resulting from CONTRACTOR' S negligence will be reported promptly to the CIT, , together with an estimate of costs for correction of the condition. 7 . All systems to be operationally checked a minimum of once a week. • 8 . Irrigation will be accomplished between 10 : 00 p.m. and 3 : 00 a.m. , subject to change by CITY. F. Common Seating Areas 1 . Sweep, clean and remove debris a minimum of once a week. 2. Inspect and check all benches and equipment for vandalism and safety hazards; make minor repairs and report major damage to CITY. 3 . Maintain concrete areas by hosing off sand and base materials a minimum of once a week. 4 . Immediately remove all broken glass and any sharp objects . G. Restrooms 1 . As required, restroom facilities will be maintained by CITY . H. General 1. Vegetation shall not overhang a sidewalk at less than 7 .feat in height or a roadway at less than 1.4 feet in height. -26- 2. All operations will be conducted so as to provide maximum safety for the public. • 3. Where CONTRACT work may create potential or known hazards on streets or roads and to persons traversing them, CONTRACTOR shall obtain at his own expense and place whatever signs, lights, barricades, cones or other safety devices are necessary to prevent accidents , injuries or damages, consistent with the Orange County Manual of Warning Signs, Lights and Devices and with all other applicable ordinances and 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 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. CONTRACTOR is further required to stock high usage items for repair of irrigation systems . CONTRACTOR will be reimbursed the wholesale cost of such materials and parts upon presentation of properly itemized invoices . Any other types of materials required to be furnished will be considered as extra work (see Exhibit I , H) . 9 . 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 pagor. CONTRACTOR is further required to provide CITY with an emergency number for contact: outside the normal working hours . -27- 0 9 10 . Whenever herbicides are used , CONTRACTOR shall apply • when air currents are still, to prevent herbicide drift onto adjoining property, and to prevent any toxic exposure to persons whether or not they are in or on the grounds. 11 . CONTRACTOR is also required to provide uniforms and name badges for all field personnel . 12. Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. 13. Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. 14 . Compile and maintain "as builts" of all irrigation systems to include location and serial numbers of major components. Turn over to CITY on termination of agreement. 15. CONTRACTOR shall not block bike trail with equipment or materials during or after his maintenance operations . 16. Rake and remove debris, trash and other materials a minimum of twice a week. 17 . Remove from park 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 there is danger of injury to persons or damage to property. 2 . Extra work may be required by the CITY as a result of acts of God, vandalism, theft, civil disturbances or accidents. 3 . Extra work may be required by the CITY in order to add new landscaping or to delete or modify existing landscaping . 4. Payment for extra work will be based on actual cost of labor plus wholesale cost of materials plus 20 percent of materials . 5. The Director of Public Works, or his authorized representative, is authorized to approve extra work up to 25 percent of the annual cost of the • Agreomant. -28- j. Standards of Performance or 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. i -29- �" . - \, 32100 PASEO AOELRNTOc SAN JUAN CAPISTRANO,CALIFORNIA 92675 I. oio L HOW 7r � v January 24, 1979 Toyo Landscaping Company 523 South Newhope Avenue � ! Santa Ana, CA 92704 Attention: Francis Oshita Dear Sir: Re: Contract Extension - E1 Camino Real and Junipero Serra Parks 1 In accordance with the contract provisions of the February 1, 1977, agreement between the City and Toyo Landscaping Company for the maintenance of E1 Camino Real and Junipero Serra Parks , the City hereby grants you a twelve (12) month extension. The extension is granted until February 28, -122_0. Also, the City ; has granted your request for a 7 percent increase -in the contract amount. Beginning March 1, 1979 , the monthly payment to Toyo will be $1,460.55. I Mr. Benny Davis, Superintendent of Public Works, would like ' to meet with you relative to maintenance problems at the two parks . Please contact Mr. Davis at your earliest convenience. We appreciate the level of service you are providing at these two parks and look forward to working with you in the future . Very truly yours, fCITY OF SAN JUAN CAPISTRANO W. D. Murphy Director of Public Wor s WDM:WPB/tm ca: B. Davis EA 01cor „ , r NAME AND ADDRESS OF AGENCY �1ESTERN COMMERCIAL INSURANCE AGENCY COMPANIES AFFORDING COVERAGES 8-5D-E. 17th Street, Suite 210 COMPAN, A Santa Ana, California 92701 LETTER „ � . ti COMPA s i w CENTRAL MUTUAL INSURANCE AG LETTERNV NAME AND ADDRESS OF INSURED J TOMO LANDSCAPING COMPANY, INC. COMPANY LC ETTER 523 South Newhope Avenue COMPANY p = Santa Ana, California 92704 LETTER corevervv '" 7'' LETTER E C3 This is to certify that policies of Insurance listed below have been issued to the insured named above and are in force at this time. COMPANY POLICY Limits�et - 81n t in bion s LETTER TYPE OP INSURANCE POLICY NUMBER EXPIRATION DATE H AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ 5 '000s ®COMPREHENSIVE FORM ®PREMISES—OPERATIONS PROPERTY DAMAGE $ 500,000$ (�7 EXPLOSION AND COLLAPSE HAZARD A LjJ UNDERGROUND HAZARD GLA W 056 411 5/7/79 lnajll PRODUCTS/COMPLETED ❑ OPERATIONS HAZARD DOME Y INJURY AND ('ONTRACTUAI INSURANCE PROPERTY DAMAGE $ $ BROAD FORM PROPEPTI COMBINED DAMAGE I INDEPENDENT CON7R4C7OR5 ® PERSONAE INJURY PERSONAL INJURY 600,00D AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON] $ A ® cOMPRn1ENSIVE FORM GLA W 056 411 5/7/79 BODILY INJURY 1500,000 OWNED IFACHO(ICURRENCE) © HIHED PROPERTY DAMAGE 4 , BOOLE Y INJURY AND NUN-OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY Ot+�f BODILY INJURY AND RE UMBRELLA FORM ED ACCT1l PROPERTY DAMAGE $ $ OTHFRTHAN IIMBREI I A COMBINED FORM WORKERS'COMPENSATION AD NISTRATI ERVICES OFFI sraruroRY and EMPLOYERS'LIABILITY Dated: !�' y�,j E Pe PCH AccIpEAn OTHER DESCRIPTION OF OPERATIONS&OCATIONSPVEHICLES JOB: Park Maintenance Junipero Sierra Park and E1 Camino Real Park Cancellation: Should any of the above descf6ed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER May 31 1978 CITY OF SAN JUAN CAPISTRANO DATE ISSUED: 32400 Paseo Adelanto San Juan Capistrano, California 92627 AUTHORIZED REPRESENTATIVE ADORE) 25 EB.247 CAL*RM INSURANCE COMSINY A . BERKELEY, CALIFORNIA CERTIFICATE OF INSURANCE THIS 15 TO CERTIFY THAT THE INSURANCE POLICY AS SPECIFI cB LOW HAS BEEN ISSUED BY CAL FARM INSURANCE COMPANY TO THE INSURED HEREIN, EFFECTIVE AS OF THE DATES AND F,4(Ii*1,tr, 1, AND COVERAGES SPECIFIED BELOW. THIS CERTIFICATE OF INSUR- ANCE DOES NOT IN ANY WAY AMEND, EXTEND. ALTE ,O VARY THE C VERAGE AFFORDED BY THE POLICY OR POLICIES REFERRED TO HEREIN, IT IS SIMPLY A SY NOPS I3, OR SUMMARY OF THE ACTUALIN.SIIR�I�l E CONTRACT. NOTICE TO CERTIFICATE OF INSURANCE HOLDER'. � � 1 VMM tt THE CERTIFICATE OF INSURANCE HOLDER 15 ENT �I,�D��0 IdDAYS NOTICE OF CANCELLATION AS TO THE CERTIFICATE OF INSURANCE HOLDER, THE EFFECTIVE DATE OF CANCELLATIO MI q L BE EITHER 10 DAYS AFTER SERVICE OF THE NOTICE OR THE CANCELLATION DATE SPECIFIED IN THE CANCELLATION NOTICE, WHICHEVER IS LATER. qG ENCY CODING INSURED: Toyo Landscaping Co, Inc, STPTE °°°NTV TERR. 523 South Newhope Santa Ana, California 92704 1 30 03 POLICY NUMBER / BODILY INJURY PROPERTY DAMAGE COMBINED SINGLE KIND OF INSURANCE EFFECTIVE DATE LIMITS LIMITS OR LIMITS AUTOMOBILE 710234 $ 300,000 Ea, person LIABILITY $ 500,000 Ea. accident $ 25,000 Ea. accident MANUFACTURERS' AND $ 1000 Ea. person $ ,000 Ea, occurrence $ ,000 Ea. occurrence CONTRACTORS' LIABILITY $ 000 Ea. occurrence $ 000 Aggregate $ 000 Aggregate OWNERS, LANDLORDS' $ ,000 Ea. person $ 1000 Ea, occurrence $ ,000 Ea. occurrence AND TENANTS' LIABILITY $ 000 Ea. occurrence $ 000 Aggregate $ 000 Aggregate $ ,000 Ea. person PRODUCTS/COMPLETED $ 1000 Ea. occurrence $ 1000 Ea. occurrence $ ,000 Ea. occurrence OPERATIONS $ 1000 Aggregate $ 000 Aggregate $ 000 Aggregate CONTRACTUAL $ 1000 Ea. person $ 1000 Ea. occurrence $ 1000 Ea. occurrence LIABILITY $ 1000 Ea. occurrence $ 1000 Aggregate $ ,000 Aggregate $ 1000 Ea. person COMPREHENSIVE GENERAL $ ,000 Ea. occurrence $ ,000 Ea. occurrence $ ,000 Ea. occurrence LIABILITY $ 000 Aggregate $ 000 Aggregate $ 000 Aggregate OTHER: THIS CERTIFICATE ISSUED TO, CAL-FARM INSURANCE COMPANY City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California DATE May 10, 1978 92675 BY •�:=` rAUTHORIZED REPRESE NT PT IVE 1 p STATE COMPENSATION P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101 INSURANCE FUND May 8, 1978 MAY n Z CERTIFICATE OF WORKERS'COMPENSATION INSURANCIE. City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attention: City Clerk This is to certify that we have issued a valid Workers'Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration 434694-78 1-1-78/1-1-79 EMPLOYER Toyo Landscaping Company Job: Descanconso Park 523 South Newhope Avenue El Camino Real Park Santa Ana, California 92704 Junipero Sierra Park San Juan Capistrano, CA. SCIF FORM 262A (REV.2-76) ®•. I URANCE. BINDL� �Jf WESTERN MMERCIAL INSURANCE AGENCY 1850 E. 17th STREET, SUITE 210 • SANTA ANA, CALIFORNIA 92701 (714) 835-1575 G 17 ,V F m4 r �tl f7 Insured TOYO LANDSCAPING COMPANY, INC, ORIGINAL ❑ Insured - TO ❑ Company 523 South Newhope �/ - w COPIES [ l died Santa Ana, California 92704 TO Company ❑ File Folder Ej In compliance with the application of the insured named above and pending issuance of policy, we hereby agree to hold bound for a term as indicated for the coverage as outlined: AM Effective date of coverage May 7 1978 at-12'01 MXto June 7 1978 Name of Company CENTRAL MUTUAL INSURANCE COMPANY COVERAGE This will serve as renewal binder for Policy No. of the ❑ CONTINUATION Insurance Company expiring 19 Unless indicated in "Remarks" section, coverage is renewed on "As Is" basis. Type of Coverage: RI Limits Year PD I,imits Kind ❑ AUTO Medical Motor No. Uninsured Motorist Comprehensive Fire& Theft $ Ded. Collision Amount of Coverage: $500,000 CSL Average Clause ❑ FIRE Type of Coverage: General liahility - ProoertlLDamaae & Bo j y Injury [X OTHER — --- - Property or Operations Insured: Each risk insured by this binder is covered suhject to the agreements, general conditions, special conditions and war- ranties of the policy used by this Company in the writing of the kind of insurance applied for. Premium shall be computed for the term of coverage in accordance with current rates of the binding company in effect at inception of binder coverage. Notice of cancellation of this binder given by the insured or by the company shall effect immediate cancellation of all insurance hereunder, except as respects the interest of the Loss Payee. I11�4i{ Y�tlf>Al4xaclRcll3.�balrox Remarks this binder with respect to -15 BINDER ISSUED TO: YK (r, jobs:_ DESCAflSQPARK CITY OF SAN JUAN CAPISTRANO EL CAMINO REAL P32400 Paseo Adelanto JUNIP_ERO PARK , j,. San Juan Capistrano, California 92675 ATTENTION: City Clerk - Santa Ana, Ca. 78 — „S Issued at __ 19 —ice • • 1 MEMORANDUM TO: DAVE SMITH, ADMINISTRATIVE SERVICES OFFICER FROM: CATHLEEN DU COING, RECORDS CLERK DATE: MARCH 24 , 1978 SUBJECT: INSURANCE CERTIFICATES FOR TOYO LANDSCAPING COMPANY CITY AGREEMENTS NOS. 148 AND 184 Attached are two certificates of insurance for Toyo Landscaping Company. 1/1. Certificate of Insurance dated January 31, 1978 , from Mr. Steve Arnold. As best as I can tell , this certificate should go with Agreement No. L for maintenance of Junipero Serra and E1 Camino Parks. The previous certificate of insurance dated August 16, 1977 for Toyo for Junipero Serra had lower amounts, but both have effective dates of February 17 and 18 , 1977 . Copy of certificate dated August 16, 1977 and copy of contract were given to you on October 11 , 1977 . 2. Certificate of Insurance dated January 24 , 1978 , from Melva Tomas. This certificate of insurance would appear to be for Agreement No. 184 for the maintenance of Descanso Park and Parkways, and has "corrected" at top and date of June 2 , 1977 matches the certificate received for this agreement. Copies of the Commercial Account Policy and Certificate of Insurance were given to you on November 11, 1977 . I am again attaching copies of all information for both contracts and the insurance certificates. These need to be approved by you as soon as possible as the work for these contracts are being done at this time. Thank you for your cooperation in this matter. cc: File No. 148j File No. 184 CALORM INSURANCE COMONY . . BERKELEY, CALIFORNIA CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THAT THE INSURANCE POLICY AS SPECIFIED BELOW HAS BEEN ISSUED By CAL FARM INSURANCE COMPANY TO THE INSURED HEREIN, EFFECTIVE AS OF THE DATES ANO FOR THE��yyL++ T$$�� tJ CC��OVERAGES SPECIFIED BELOW. THIS CERTIFICATE OF INSUR ANCE DOES NOT IN ANY WAY AMEND, EXTEND. ALTER OR VY��,lM1�,P$pRAGE gFFORDED BY THE POLICY OR POLICIES REFERRED TO HEREIN. IT 15 SIMPLY A SYNOPSIS. OR SUMMARY OF THE ACT�UA INAiURANC CONTRACT. NOTICE TO CERTIFICATE OF INSURANCE HOLDER: I�� WW�jj�� ',uu��`'' ��jj'(( THE CERTIFICATE OF INS UR PNCE HOLDER IS ENTITLED T,- V.!�THERO1bREAV5 AMR SERVICELLATIOE OF TN AS OE NOTICE THE TORITHEECANCELLATION HOLDER. THE EFFECTIVE DATE OF CANCELLATION SHAF INSURANCE L 6 DATE SPECIFIED IN THE CANCELLATION NOTICE, WHICHEVER 15 LATER, AGENCY COOING INSURED: Toyo Landscaping Co., Inc. STATE couNrr TERR. 523 S. Newhope j Santa Ana, California 92704 1 30 03 POLICY NUMBER / BODILY INJURY PROPERTY DAMAGE COMBINED SINGLE KIND OF INSURANCE EFFECTIVE DATE LIMITS LIMITS OR LIMITS AUTOMOBILE Fleet 710234 $300 ,000 Ea. person LIABILITY Eff. 2-18-77 $500 ,000 Ea. accident $ 500.000 Ea. accident MANUFACTURERS' AND CAP 596234 $ 1000 Ea. person $ 500,000 Ea. occurrence $7,000 a. occurrence CONTRACTORS' LIABILITY Eff. 2-18-77 $ 500,000 Ea. occurrence $ 500,000 Aggregate Aggregate 500 000 Aggreg. OWNERS', LANDLORDS' $ ,000 Ea. person $ ,000 Ea. occurrence $ ,000 Ea. occurrence AND TENANTS' LIABILITY $ 1000 Ea, occurrence $ 1000 Aggregate $ 000 Aggregate $500 ,000 Ea. person PRODUCTS/COMPLETED CAP 596234 $ ,000 Ea. occurrence $ 500,000 Ea. occurrence $ 1000 Ea. occurrence OPERATIONS Eff. 2-18-77 $ 500 ,000 Aggregate $ 500,000 Aggregate $ 000 Aggregate CONTRACTUAL $ 000 Ea. person $ 1000 Ea. occurrence $ 1000 Ea. occurrence LIABILITY $ 000 Ea. occurrence $ 1000 Aggregate $ 000 Aggregate $ 500,000 Ea. person COMPREHENSIVE GENERAL CAP 596234 $ 1000 Ea. occurrence $ 500,000 Ea. occurrence $ ,000 Ea. occurrence LIABILITY Eff. 2-18-77 $ 500,000 Aggregate $ 500,000 Aggregate $ 000 Aggregate OTHER: REVIEWED AND APPROVED ADMINISTRATIVE SERVICES OFFICER DATED: THIS CERTIFICATE ISSUED TO CAL-FARM INSURANCE COMPANY City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 DATE January 31, 1978 ev 1UTHORI2EO R C ESENTATIVE . , CAL*RM INSURANCE COMONY BERKELEY, CALIFORNIA _ CERTIFICATE OF INSURANCE ' THIS 15 TO CERTIFY THAT THE INSURANCE POLICY AS SPECIFIED BELOW HAS BEEN ISSUED BY CAL-FARM INSURANCE COMPANY TO THE INSURED HEREIN, EFFECTIVE AS OF THE DATES AND FOR THE LIMITS AND COVERAGES SPECIFIED BELOW. TH15 CERTIFICATE OF INSUR ANCE DOES NOT IN ANY WAY AMEND, EXTENO, ALTER OR VARY THE COVERAGE AFFORDED BY THE POLICY OR POLICIES REFERRED TO HEREIN, IT 15 SIMPLY A SYNOPSIS, OR SUMMARY OF THE ACTUAL INSURANCE CONTRACT. NOTICE TO CERTIFICATE OF INSURANCE HOLDER: THE CERTIFICATE OF INSURANCE HOLDER IS ENTITLED TO IG DAYS NOTICE OF CANCELLATION AS TO THE CERTIFICATE OF INSURANCE HOLDER, THE EFFECTIVE DATE OF CANCELLATION SHALL BE EITHER 10 DAYS AFTER SERVICE OF THE NOTICE OR THE CANCELLATION DATE SPECIFIED IN THE CANCELLATION NOTICE. WHICHEVER IS LATER. INSURED: AGENCY COOING Toyo Landscaping Co. 523 So. Newhope Santa Ana, Ca, 1 30 03 POLICY NUMBER ( BODILY INJURY PROPERTY DAMAGE COMBINED SINGLE KIND OF INSURANCE EFFECTIVE DATE LIMITS LIMITS OR LIMITS AUTOMOBILE Fleet 710234 $ 300300 Ea. person LIABILITY Eff. 2-18-77 $ 500000 Ea. accident $ 100000 Ea. accident I ME MANUFACTURERS' AND CAP 596234 $ 500,000 Ea. person $ 100,000 Ea. occurrence $ 000 Ea. occurrence CONTRACTORS' LIABILITY Eff. 2-17-77 $ 500,000 Ea. oRgONXI $ 100,000 Aggregate $ 000 Aggregate OWNERS', LANDLORDS' $ 1000 Ea. person $ 000 Ea. occurrence $ 1000 Ea. occurrence AND TENANTS' LIABILITY $ ,000 Ea. occurrence $ ,000 Aggregate $ ,000 Aggregate $ 500,000 Ea. person PRODUCTS/COMPLETED CAP 596234 $ ,000 Ea. occurrence $ I00000 Ea. occurrence $ ,000 Ea. occurrence OPERATIONS Eff. 2-17-77 $ 500,000 Aggregate $ IO(p00 Aggregate $ 000 Aggregate CONTRACTUAL $ 1000 Ea. person $ 1000 Ea. occurrence $ ,000 Ea. occurrence LIABILITY $ 000 Ea. occurrence $ 000 Aggregate $ 000 Aggregate $ 500.000 Ea. person COMPREHENSIVE GENERAL CAP 596234 $ ,000 Ea. occurrence $ 100,000 Ea. occurrence $ 1000 Ea. occurrence LIABILITY Eff. 2-17-77 $ 500,000 Aggregate $ 100,000 Aggregate $ 000 Aggregate OTHER: REVIEWED AND APPROVED a c C-) ADMINISTRATIVE SERVICES OFFICER DATED: �- s o THIS CERTIFICATE ISSUED TO. u �J CAL-FARM INSURANCE C81dIPANY City of San Juan Capistaano 32400 Paseo Adelanto (� San Juan Capistrano, Ca. 92675 DATE J -- 7////J7 f/ BY �V iN JIA��N_� _,L, tj-CP B53B ( V OR14E0 RCPRESENT4TIVF � 7 CA*BM INSURANCE CONANY . . BERKELEY, CALIFORNIA CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THATTHE INSURANCE POLICY AS SPECIFIED BELOW HAS BEEN 155UED BY CAL FARM INSURANCE COMPANY TO THE INSURED HEREIN, EFFECTIVE AS OF THE DATES AND FOR THE LIMITS AND COVERAGES SPECIFIED BELOW, THIS CERTIFICATE OF INSUR- ANCE DOES NOT IN ANY WAY AMEND, E%TEND, ALTER OR VARY THE COVERAGE AFFORDED BY THE POLICY OR POLICIES REFERRED TO HEREIN. IT IS SIMPLY A SYNOPSIS, OR SUMMARY OF THE ACTUAL INSURANCE CONTRACT. NOTICE TO CERTIFICATE OF INSURANCE HOLDER'. TH( CERTIFICATE OF INSURANCE HOLDER IS ENTITLED TO 10 DAYS NOTICE OF CANCELLATION AS TO THE CERTIFICATE OF INSURANCE HOl OER, THE EFFECTIVE DATE OF CANCELLATION SHALL BE EITHER 10 DAYS AFTER SERVICE OF THE NOTICE OR THE CANCELLATION DATE SPECIFIED IN THE CANCELLATION NOTICE. WHICHEVER IS LATER. IAGENCY C NSURED: ODING STATE COUNT TERR. TOYO LANDSCAPING 523 So. NEWHOPE 1 30 09 SANTA ANA, CA. KIND OF INSURANCE POLICY NUMBER / BODILY INJURY PROPERTY DAMAGE OR COMBINED SINGLE EFFECTIVE DATE LIMITS LIMITS LIMITS AUTOMOBILE $ ,000 Ea. person LIABILITY $ 1000 Ea. accident $ ,000 Ea. acciden4t r MANUFACTURERS' AND $ 1000 Ea. person $ ,000 Ea. occurrence $ ,000 Ea. occurrence CONTRACTORS' LIABILITY $ 1000 Ea. occurrence $ 000 Aggregate $ 000 Aggregate OWNERS', LANDLORDS' $ ,000 Ea. person $ ,000 Ea. occurrence $ ,000 Ea. occurrence AND TENANTS' LIABILITY $ .000 Ea. occurrence $ ,000 Aggregate S ,000 Aggregate $ ,000 Ea. person PRODUCTS/COMPLETED $ 1000 Ea. occurrence $ ,000 Ea. occurrence $ ,000 Ea. occurrence OPERATIONS $ 000 Aggregate $ 000 Aggregate $ 000 Aggregate CONTRACTUAL $ 1000 Ea. person $ 000 Ea. occurrence $ .000 Ea occurrence LIABILITY $ 000 Ea. occurrence $ 000 Aggregate $ 000 Aggregate CAP 596234 $ 500700 Ea. person COMPREHENSIVE GENERAL EFF. 2-17-77 $ ,000 Ea. occurrence $ 100 ,000 Ea. occurrence $ ,000 Ea. occurrence LIABILITY $ 500000 Aggregate $ 100 ,000 Aggregate $ ,000 Aggregate OTHER: n � bnCrn clo 11z _I tT r J -J THIS CERTIFICATE ISSUED TO. CAL-FARM INSURANCE COMPANY CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO DATE SAN JUAN CAPISTRANO, CA. 92675 BY CT-0639 AUT HIZEU REPRTS£NTATIV p fo�I`11 � PG. ti Sarn�� u�c� t!! 1. LoIN � ta �c� m "Lx (i.e :IL -he :. : � ) l DAN GORMAN INVANCE . 27041 LA PAZ ROAD, SU 2c MISSION VIEJO, CA 92675 pCCG`v FO TEL: (714) 768-4181 C�V`5`At '.7 May 9, 1977 Mr. Dave Smith City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Dear Dave: I have reviewed these insurance papers for Toyo Landscaping, and advised John O'Sullivan by telephone today that it didn't appear any insurance was in force for Toyo. - However, by contacting Toyo Landscaping they advised me that their agent is: Mr. Floyd Tuttle 1442 Irvine Blvd. , Suite 130 Tustin, California 832-1864 I called Mr. Tuttle's office and they advised that they do have a policy in force with Cal-Farm Insurance Company #GL593159 effective February 9, 1977 to February 9, 1973; liability limits $500,000 Bodily Injury and $100,000 Property Damage. You have a Cal-Farm certificate of insurance and should merely document it with the agents name and address and correct expiration date. Sincerely yours, i Daniel D. Gorman, CLU DDG/lk S 7,> /. REPRESENTING SAFECO INSURANCE COMPANIES