1977-0119_TOYO LANDSCAPING CO_Agreement • AGREEMENT
LOCAL PARK AND RELATED LANDSCAPE MAINTENANCE
THIS AGREEMENT is made and entered into this /fin day of
191Q_ , between the City of San Juan Capistrano,
hereinai ter referred to as "CITY" and -.11 yo 105041CM9011U& �r Lls'A>dY
hereinafter referred to as "CONTRACTORn for local park and related
landscape maintenance of Junipero Serra Park and E1 Camino Real Park.
The implementing authority for the CITY shall be the Department of
Public Works.
W I T N E S S E T 11:
SECTION 1 . TERM: This Agreement shall commence on the
day of190 and shall remain and continue in effect
for a peri.od o . torelve (12) onths thereafter subjc7t to extension or
for a pAboo
termination as described in Section 13 or Section 14 .
SECTION 2 . MAINTENANCE: Maintenance shall include but not
be limited to Junipero Serra Park (3 . 75 acres) and El Camino Real Park.
(4 . 5 acres) . CONTRAC'T'OR 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 perform the landscape
maintenance in the manner specified herein for the following monthly
consideration:
Item Description Unit Cost Units Total Cost
m
C Junipero Serra Park $ /� _ x 8 . 25 acres = $
and p�
E1 Camino Real Paris TOTAL MONTHLY COST = $ ��
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 dry
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 agreem_•ut: which may result in an increase
,yr decioa<,e in the arca _ and acreaoe to be maintained . Such chanes will
�be submitted to CONT?ACTOW in ,riUnq and shall_ to identified as <.OJenCums
to this agreament. The affected areas will be classified , measured, and
priced in accordance with the unit costs specified above.
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SECTION 4 . GENERAL PROVISIONS : General provisions for the
work to be performed are contained herein and are made a part of this
• agreement by reference.
SECTION 5. EQUIPMENT, LABOR AND PREVAILING WAGES:
CONTRACTOR shall use and furnish at his own expense all labor and equip-
ment necessary for the satisfactory performance of the work set forth
in this contract.
Eight hours constitutes a legal day ' s work. The time worked by
each workman employed in the execution of the agreement by CONTRACTOR or
any subcontractor under him is limited and restricted to eight hours in
any one calendar 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 wages for each
laborer or workman performing any work under this contract.
SECTION 6. CONTROL OF WORK: The Director of Public Works,
or his authorized representatives, shall decide all questions which may
arise as to the manner of performance and rate of progress of the work;
all questions as to the acceptable fulfillment of the contract on the part
of the CONTRACTOR; all questions as to the interpretation of the
specifications ; and all questions as to compensation. His decision
shall be final and he shall have authority to enforce and make effective
such decisions. 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 FONDS : Prior to the date of execution
of this agreement by CITY , CONTRACTOR :;hall, 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 furnishing
materials in connection with this contract, each bond shall he in the
amount of not less than One Hundred Percent (1.00?,) of the amounC of this
contract.
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SECTION 9 . INSURANCE: CONTRACTOR shall maintain insurance
coverage appropriate to protecgainst all risks arising from, or connected
• t a
in any manner with, the subject matters of this Agreement, acceptable to
the CITY, effective on the first day of operation and in full force
throughout the full term of this Agreement. The policy er policies shall
be underwritten by insurers admitted to operate in the State of California,
or acceptable to the Department of Insurance, on forms no less broad in
the scope of coverage than standard forms . Each policy of insurance shall
name the CITY as additional insured; provide for 30 days written notice
to the CITY, of cancellation, material change, and/or intention. not to
renew; allow for severability of interest of CITY; be primary and non-
contributing with insurance maintained or self-insured by CITY; and be
endorsed with a standard waiver of subrogation in favor of CITY.
CONTRACTOR agrees to deposit with CITY, on or before the time
coverage is required to be in effect, certificates of insurance in
duplicate to satisfy CITY that insurance provisions of this Agreement
have been complied with, and to keep such insurance in effect and the
certificates thereof on deposit with CITY during the entire term of
this Agreement. CONTRACTOR agrees to furnish certified copies of in-
surance policies if requested by letter. by CITY when certificates are
deemed inadequate by CITY .
CITY shall retain the right at any time to review the coverage ,
form and amount of the insurance required hereby. If, in the opinion
of CITY , the insurance provisions in this Agreement do not provide
adequate protection for CITY and for members of the public foreseeably
• exposed to risk arising from this Agreement CITY may require CONTRACTOR
to obtain insurance sufficient in coverage, form, and amount to provide
adequate protection therefor. CITY requirements shall be reasonable
but shall be designed to assure protection from and against the kind and
extent of the risk which exist or may be foreseen at the time a change
in insurance is required.
CITY shall notify CONTRACTOR in writing of any required changes
in insurance requirements and should CONTRACTOR fail to deposit copies
of acceptable insurance certificates or policies incorporating such
changes within sixty (60) days of receipt of notice, such failure shall
be considered a material breach of this contract without further notice
to CONTRACTOR and CITY shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance
shall not be construed to limit CONTRACTOR' S liability hereunder nor to
fulfill the indomnifi_cation provisinns and requirements of this Agreement.
Notwithstanding said policy or policies of insurance, CONTRACTOR shall
be obligated for the full and total amount of any damage, injury, or
loss caused by negligence connected with the Agreement.
CONTRACTOR shall when requested by CITY or its insu[ors
cooperate caAth both, and provide. information necessary to the defonse
of claims or suits , and shall refrain from any acts or statements to
others r:hi_ch could be p3-ejudicial. to such defense..
SECITJON 10 . CASUALTY : All. casualty policies must name the
City of San Ju:in Capistrano ,,.s an adcIiti_onal insured . Entine lirai Cs of
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liability maintained must be certified but in no event shall limits be
less than specified hereinbelow. Any aggregate Limitation of alibility
• shall be separate as to the risks arising out of the subject matter of
this Agreement.
Coverage MINIMUM Limit
Workers Compensation & Employers
Liability $100 , 000
Comprehensive General Liability $500 , 000 Combined Single
Limit Each Occurrence
Auto Liability $100 , 000 Bodily Injury
$300 , 000 Each Occurrence
$100 , 000 Property Damage
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 excavations, or other hazards
consequential or related to his work; and agrees additionally to accept
the sole responsibility for complying with all applicable local, County,
State or other legal requirements including but not limited to full
compliance with the intents and terms of the applicable 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, vandali_sms, 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 injure (including death) or property damage suffered through
the CONTRACTOR' S negligence, 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 wort: 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.
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SECTION 13 . CONTRACT EXTENSION: In the event CONTRACTOR
has fully complied with all terms and conditions of this contract, as
• determined in the sole discretion of CITY ' S Director of Public Works ,
CONTRACTOR may request that the duration of this contract be extended
for successive periods of twelve months . CONTRACTOR shall submit his
request in writing to the DirecLor at least. 30 calendar days prior to
the date on which the contract or an extension thereof would otherwise
have terminated, and the Director upon his determination that CONTRACTOR
has complied with all terms and conditions of this 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 14 . CONTRACT TERMINATION : Any other provisions
herein to the contrary notwi hstan<liag, ands in addition to other methods
of termination provided for herein or available under the laws of the
State of California, it is agreed that this Agreement shall terminate
sixty (60) days after written notice of intent to terminate which may be
given by either party to the other party of the Agreement.
SECTION 15 . NOTICES: Any written notices to the parties
nereto 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
. San Juan Capistrano, CA 92675
SECTION 16 . ASSIGNMENT: CONTRACTOR may not assign this
Agreement without prior consent and approval of CITY.
SECTION 17 . LICENSING REQUIREMENTS : CONTRACTOR is required
to possess either a valid C-27 Landscape Maintenance License or a valid
Class A Contractor ' s License. In addition, Contractor must possess a
Pest Control Advisor ' s License and a Pest Control Operator ' s License or
must subcontract pest control requirements to a licensed contractor.
IN WITNESS [WHEREOF, the parties hereto have executed this
Agreement at San Juan Capistrano, California, the day and year first
above written.
CITY OF SAN JUAN CAPISTRANO
Dated �Qdl✓( ' L Z� by
�17Na — --
a F;- sl , Mayor
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CONTRACTOR
Dated
o L,�QcT�¢t
Name
By
��'An.r-Es - SX i Tie
By
ATTI=ST:
Mary Ann Itano7 -r, City Clark
APPROVED AS 0 FORM:
City torney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss
CI'PY OF SAN JUAN CAPISTRANO )
I , MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO JUIREBY CERTIFY that the foregoing is a
true and correct copy of the Agreement for Local Park and Related
Landscapo Maintenance, (Junipero Serra Park and/or El Camino Real
Par)-,) executed by the Mayor of the City Council of the City of San
Juan Capistrano, California.
Mary An Ianover, City C]-erk
-17-
AGENDA ITEM January 19, 1977
r_t
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: PARK MAINTENANCE, JUNIPERO SERRA AND EL CAMINO REAL
PARKS - AWARD OF CONTRACT
SITUATION:
On November 17, 1976 , the City Council rejected three bid proposals
on park maintenance for Junipero Serra Park. A new bid package was
developed such that a contractor may bid on one or both parks. The
three companies which bid were mailed a copy of the new bid specifi-
cations and agreement. Thirteen landscaping companies in Orange
County were mailed the new bid proposal. The call to bid was ad-
vertised in a newspaper of local circulation for six consecutive
days.
On January 5 , 1977 , the City received bids for the maintenance of
Junipero Serra and El Camino Real Parks. One bid was received for
the maintenance of both parks . This bid was lower than the Engineer ' s
Estimate, with a comparable unit price to the lowest bid received
November 17 , 1976 for Junipero Serra Park. The bid received was
submitted by Toyo Landscaping Company at a cost of $1,188 per month.
Staff has met with the owner of said company and considers him
able to comply with the contract specifications .
FINANCIAL CONSIDERATIONS:
The Engineer ' s Estimate breakout for maintenance of both parks is
as follows: $2 , 400 per month, direct personnel costs; $275 per
month, equipment and supplies cost. The proposal from Toyo Land-
scaping Company of $1,188 per month includes personnel, equipment
and supplies costs . The City ' s cost estimate is higher because El
Camino Real Park has not been maintained long enough to make an
actual cost determination.
ALTERNATE ACTIONS :
1. Authorize the mayor to sign the agreement for Junipero
Serra and E1 Camino Real Park Maintenance.
2 . Reject the proposal.
3 . Request further study.
FOR CITY COUNCIL AGENDA46
..
iL
James S. Mocalis
Park Maintenance -2- January 19, 1977
RECOMMENDATION:
By motion, authorize the mayor to sign the agreement for Junipero
Serra and El Camino Real Park Maintenance.
Respectfully submitted,
W. D. Murphy
WDM:WPB:cj
BID PROPOSAL
•
For the ADV. DATES:
MAINTENANCE OF EL CAMINO REAL
AND JUNIPERO SERRA PARKS BID DATE:
To the Honorable City Council // --
City of San Juan Capistrano From /e X0 LgPP CA/y/Ng (6 ,
Contractor /
Gentlemen:
The undersigned , as bidder, declares that he has carefully examined the
location (s) of the proposed work as described, examined the specifications
and general conditions therefor, read the instructions to bidders, and
is familiar with all proposal. requirements , and hereby proposes and
agrees, if the proposal. is accepted to provide all necessary labor,
machinery, tools , equipment and all. other utility and transportation
services required to perform the landscape maintenance in accordance with
the specifications for the maintenance of E1 Camino Real and/or Junipero
Serra Parks, in the tine 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 Capistrano has
the right to reject this proposal or to award a contract to the under-
signed at the prices stipulated. If the proposal is rejected, then the
enclosed check or bid bond shall be returned to the undersigned within
thirty (30) days . If the proposal is accepted and the undersigned
fails to enter into a contract within fifteen (15) days after the agreement
is delivered to hirn for signature, or within such further time as may
be granted by the City Cou:icil , then said check shall be cashed or said
bond declared forfeit and an amount equal to the difference between the
lowest b](9 and the next lovcst- b] -9r7m- whr, cell l PX(' 1110 a contraClt shat l
be paid into the treasury of the City of San Juan Capistrano as liqui-
dated damages for. the failure of the undersigned to comply with the terms
of this proposal .
Accompanying this proposal $is � d (insert
cash" "cashier ' s check" "certifi .d check" 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 following is the name and place of business of the surety company
• which will furnish the required bonds as surety if the work is awarded
to the
undersigned:
c✓ P SLK.
Licensed in accordance with an act providing for the registration of
contractors - - License No. e-21 23V7,4o
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: � '� , 197-7
J23— SoSq,479 RV8 673270
• Business Address
4-Tel74-
Telephone
ephone Number
•
-4-
• 0
Junipero Serra Park is located on Calle Santa Rosalia at Calle Bonita.
• E1 Camino Real Park is located on Camino Capistrano between La Zanja
and Oso Road (see Figure I) .
Item Description Unit Cost Units Total Cost
A Junipero Serra Park $ x 3. 75 acres = $ f
TOTAL MONTHLY COST $
B E1 Camino Real Park $ T� x 4 . 5 acres = $
TOTAL MONTHLY COST
C Junipero Serra and E1
a
Camino Real Parks $ / i x 8 . 25 acres = $
TOTAL MONTHLY COSTS $
Further, the undersigned bidder certifies that he has thoroughly checked
the figures set forth in this proposal, that they are correct to the
• best of his knowledge and that they constitute his proposal for the
work called out herein.
Signa Bidder Date
,�--3 /-2?7e)
Telephone Number
-5-
•
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY
• BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
ss
County of Lir , )
—7� — 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 othei 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,
di.rectly or indirectly, sought by agreement , communication or conference
with any one to fix the bid price of said bidder or of any other bidder,
or to fix the bid price of or cost element of such bid price , or of
that of any other bidder, or to secure any advantage against the public
body awarding the contract of any one interested in the proposed contract;
that all statements contained in such bid are true; and, further, that
• said bidder has not directly or indirectly submitted his bid price or
any breakdown thereof, or the contents thereof, or divulged information
or data relative thereto, or paid and will not pay any fee in connection
therewith, to any corporation, partnership, company, association, 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-
g� #n% w% 1 IN G Maintenance of El Camino Real and
(� Junitero terra Parks
1w no
JANUARY 5, 1977 11 : 00 ^ • IY{ • City Council Chambers
Pre-bid conference - 1/3/77, 10:00 A.M.
BIDDER AMOUNT
�D 110 _- LAN US )0c,4j F3 wt'
3
BID PROPOSAL
•
For the ADV. DATES:
MAINTENANCE OF EL CAMINO REAL
AND JUNIPERO SERRA PARKS BID DATE:
To the Honorable City Council
City of San Juan Capistrano From
Contra or
Gentlemen:
The undersigned, as bidder, declares that he has carefully examined the
location (s) of the proposed work as described, examined the specifications
and general conditions therefor, read the instructions to bidders, and
is familiar with all proposal requirements, and hereby proposes and
agrees, if the proposal is accepted to provide all necessary labor,
achinery, tools, equipment and all other utility and transportation
services required to perform the landscape maintenance in accordance with
the specifications for the maintenance of E1 Camino Real and/or Junipero
Serra 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 Capistrano has
the right to reject this proposal or to award a contract to the under-
signed at the prices stipulated. If the proposal is rejected, then the
enclosed check or bid bond shall be returned to the undersigned within
thirty (30) days. If the proposal is accepted and the undersigned
fails to enter into a contract within fifteen (15) days after the agreement
is delivered to him for signature, or within such further time as may
be granted by the City Council , then said check shall be cashed or said
bond declared forfeit and an amount equal to the difference between the
lowest bid and the next lowest bidder who will execute a contract shall
be paid into the treasury of the City of San Juan Capistrano as liqui-
dated damages for the failure of the undersigned to comply with the terms
of this proposal.
Accompanying this proposal is
(insert "$
cash" , "cashier ' s check" , "ce.rtifiod check" , or "bidder ' s bond" , as the
case may be) in an amount equal to at least ten percent (10:1) of the
total bid.
-3-
The following is the name and place of business of the surety company
• which will furnish the required bonds as surety if the work is awarded
to the undersigned:
Licensed in accordance with an act prove inq or the registration of
contractors - - License No. 77 X77 �Q
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, sec-etary, treasurer and manager thereof. )
Dated: 19 ' 7
Business Address
'/4- '0/-AQ
Telephone Number
-4-
Junipero Serra Park is located on Calle Santa Rosalia at Calle Bonita.
El Camino Real Park is located on Camino Capistrano between La Zanja
• and Oso Road (see Figure I) .
Item Description Unit Cost Units Total Cost
A
A Junipero Serra Park $ / ✓x 3 . 75 acres
v®
TOTAL MONTHLY COST
B E1 Camino Real Park $ 1,50 �Ee x 4 . 5 acres =
TOTAL MONTHLY COST
C Junipero Serra and El �I
Camino Real Parks $_ � / x 8 . 25 acres = $
TOTAL MONTHLY COSTS
Further, the undersigned bidder certifies that he has thoroughly checked
the figures set forth in this proposal, that they are correct to the
. best of his knowledge and that they constitute his proposal for the
work called out herein.
zi
Sigzia:t�of Bidder Date
Telephone Nuiber
•
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J
PROOF OF PUBLICA nON Ilia apace is for the County Clerk's Filing Stamp
(2016.6 C.C.P.)
RECEIVED
STATE OF CALIFORNIA
County of Orange `(� �� 'S9 A� �T6
City of San Clemente OIT'; OF
SAN JUAN
Proof of Publication of
1JOTICE IIlVITIlTG BIDS
77 ........................._................,..
I am a citizen of the United States and a resident - 1
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested
in the above-entitled matter. I am the principal
clerk of the printer of the San Clemente Sun-Post
a newspaper of general circulation printed and
Daily
published .......- .............._..................................
....................... ....I..... in the City of San Clemente
County of Orange, and which newspaper has been
adjudged a newspaper of general circulation by
the Superior Court of the County of Orange, State
of California under the date of March 11, 1060,
Case Number A9140;
that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
on the following dates, to-wit: ................................
December 17, 20, 21, 22 and 23 and 24,
....................................................................................
....
all in the year 19.......76
`c
I certify (or declare) under penalty of perjury
that the foregoing is true and correct.
Dated at San Clemente, California, this .l
24th December 76
........ day of .......................-N--.. ... 19...........
Signature
SAN CLEMENTE PUBLISHING CORP.
1542 North El Camino Real - P.O. Box 367
San Clemente, Calif. 92672 - Phone 714-492-5121 '
NOTICE OF TRANSAIITT*- LI77GAL PUBLICATIONS •
TO: DAILY SUN-POST
Helen Nielsen, Legal
FOR PUBLICATION ON: As soon as possible, to be published for six (6)
consecutive days.
DOCUMENT(S) TO BE PUBLISHED: Maintenance of El Camino Real and
Junipero Serra Pares. (NOTICE INVITING BIDS)
PROOF OF PUBLICATION: Please send to:
Office of the City Clerk
City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AUTHORIZED BY:
DATE: December 15, 1976
Date Sent to paper
Date proofed
Date published
Date affidavit: received
Cost
NOTICE INVITING BIDS
Public i,otice is hereby given that the City Council of the City of
San Juan Capistrano will up to 11:00 a.m. on the 5th day of January,
1977, receive sealed proposals or bids for the Maintenance of E1
Camino Real and Junipero Serra Parks, in accordance with the approved
specifications on file in the office of the City Clerk of the City
of San Juan Capistrano, City Hall, 32400 Paseo Adelanto, San Juan Capi-
strano, California. Bids will be received until the time hereinbefore
indicated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto,
San Juan Capistrano, California.
No bid will be received unless it is made on a proposal provided within
these specifications. Each proposal or bid must be accompanied by a
certified check, cash, cashier' s check or bidder's bond payable to the
City of San Juan Capistrano in the sum of not less than ten percent
of the amount.
The bid check, cashier's check or bidder' s bond of the successful bidder
. will be forfeited to said City in the event such successful bidder fails
to enter into the required contract within 25 days after the written
notice that said contract has been awarded to him for the work.
A pre-bid conference is scheduled at 10:00 a.m. on the 3rd day of
January, 1977, at the City Offices. The contractor shall have the
opportunity for clarification or interpretation of any point or points
of question within the contract documents or specifications. It is
the contractor' s responsibility to be in attendance at this conference
to receive any information disclosed during the proceedings, for the
City shall not disseminate any records of the conference. Exclusive of
written addendums and this pre-bid conference,, the City shall not be
responsibile 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, the City of San Juan Capistrano has ascertained
and determined the general prevailing rate of per diem wages, and the
general prevailing rate for legal holiday and overtime work in the
locality in which said work is to be performed for each craft classi-
fication or type of workman needed to execute the contract for said work
which contract will be awarded to the successful bidder. The general
prevailing rates so determined are as hereinafter provided. wages for
trades not specifically listed, and cages to be paid for overtime and
holiday work shall not be less than the prevailing rates in Orange
County. Resolution No. 75-5-7-3 adopted by the City Council of the
City of San Juan Capistrano sets forth in detail said prevailing rates
and other information.
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.Copies of the specifications are on file in the office of the City Clerk
pf San Juan Capistrano, 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 specifications is available
-for each general contractor proposing to submit a bid for said work.
A charge in the amount of $5.00, non-refundable, is required for ob-
taining each set of specifications.
;Each bidder shall state the California Contractor' s License Number of
esuci bidder so bidding, as no bid will be accepted from a Contractor - -'
.wlia Lias not been licensed in accordance with the provisions of the
=laws- of the State of California relating to the licensing of Contractors.
.This Notice is hereby given and published by order of the City Council
-6f--the City of San Juan Capistrano, and is dated this lst day of
December, 1976.
CITY CLEI$X
_ CITY OFI/SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
=The7-�nccessful bidder, simultaneously with the execution of the contract,
will be required to furnish a faithful performance bond equal in amount
3�6_ one hundred percent (1008) of the contract price and a labor and
mate_rials bond equal in amount to one hundred percent (1008) of the
contract pricer
The_City Council reserves the right to reject any and all bids received
and-ho- compare the relative merits of the respective bids and to choose
ibaL which in the opinion of said City will best serve the interests or
needs of said City.
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, AGENDA ITEM December 1, 1976
TO : James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Approval of Specifications and Call for Bids for
Park Maintenance (Junipero Serra and E1 Camino Real Park)
SITUATION:
On November 17, 1976, the City Council rejected all bids received
on October 12, 1976, for maintenance on Junipero Serra Park. The
bonding requirements in the specifications have been adjusted to
reflect the estimated maintenance costs for Junipero Serra and
El Camino Real Parks.
The specifications are basically the same for both parks but
have been modified for E1 Camino Real Park. Modifications were
necessary to stipulate the extra park amenities of E1 Camino Real
Park, i.e . , bike trail, restroom facilities and common seating
areas not found in Junipero Serra Park.
The bid package has been developed such that a contractor may bid
on one or both parks, allowing the City the best financial alterna-
tives for final contract selection.
FINANCIAL CONSIDERATIONS:
The bid on contract services for Junipero Serra Park should be
evaluated against the direct cost of personnel, $1200 per month,
and equipment and supplies, $200 per month. E1 Camino Real Park
has not been maintained by the City for a long enough period of
time to make a determination of costs . The currentcost projection
indicates twice the cost for personnel deployed, as more hand work
is required . This is a monthly projection of $2, 400 per month
direct cost of personnel. Equipment and supplies costs are estimated
at $275 per month,
ALTERNATE ACTIONS:
1 . Approve the specifications for Junipero Serra and E1 Camino
Real Park and authorize the City Engineer to call for bids.
2. Further modify the specifications.
3. Request further information from Staff .
FOR CITY COUNCIL AGENDA ..
' James S. Mocalis , City Manager
Approval of Specifications and Call for Bid
for Park Maintenance
December 1, 1976
Page 2
RECOMMENDATION:
By motion, approve the contract for maintenance of Junipero Serra
and E1 Camino Real Parks and authorize the City Engineer to call
for bids.
Respectfully submitted,
.
W. DMurtr' ^'
-
WDM:WPB:GAfn
Encl.
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AGENDA ITEM November 17, 1976
TO: James S. Mocalis , City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Rejection of Bids for Junipero Serra Park (Maintenance)
SITUATION:
On September 15, 1976, the City Council approved the contract for
maintenance of Junipero Serra Park, and authorized the City Engineer
to call for bids . On October 12, 1976, the City Council received
bids for maintenance of the park. The contractor who proposed the
lowest bid and received the contract from the City has failed to
execute the agreement. The contractor has not contacted the City
for negotiation proceedings . The second lowest bid proposal was
substantially higher, and Staff recommends rejection of the three
proposals received . This action will provide the City with another
bidding process with the probability of increased contract proposals.
A park contract maintenance package is under consideration for mainte-
nance of other parks in the City. Rejection of bids will allow the
necessary time involved to effectively evaluate this park maintenance
package. The bonding requirements will be changed to the amount of
annual maintenance costs plus a penalty fee of 10%. This necessitates
an adjustment to the specifications.
The following is a list of the proposals received :
1) Scott Osenbaugh Landscaping $ 506.25
2) South Coast Maintenance Co. 975.00
3) South Coast Gardening Service 1,050.00
FINANCIAL CONSIDERATIONS:
None.
ALTERNATE ACTIONS:
1. Reject all bids and authorize the City Engineer to inform con-
tractors of the bid rejection.
2. Do not reject all bids .
3. Offer the bid to the next qualified bidder.
RECOMMENDATION: i S Z/, u
By motion, reject all bids and authorize the City Engineer to inform
contractors of the bid rejection.
Respectfully sub ' tted,
W.
W. D. Mu h ^
WDM:WPB: rm FOR CITY COUNCIL AGENDA .. ....•
R�. �i4��BID OPUN i N G - SC- R �'YlA i1�M-
11 : 00 A . M .
----_Q-t-hnbex -- 1,21 mji1
BIDDER AMOUNT
AGENDA ITEM September 15, 1976
TO: James S. Mocalis , City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Approval of Specifications and Call For Bids -
Landscape Maintenance - Junipero Serra Park
SITUATION:
During the discussions of the five year budget , the City Council requested
that an analysis be prepared to compare the costs of contract maintenance
for parks versus City personnel . The Public Works Maintenance Division
has contacted the County of Orange to obtain a draft specification which
has been modified for use by the City.
We have selected Junipero Serra Park as a site for comparison. This park
was maintained by a landscape contractor until it was formally accepted
by the City. This was a requirement of Westport Home Builders under the
terms of their developmental approval.
We currently estimate that the City is expending the equivalent of one
man year of park maintenance personnel in performing this service. We
equate the cost of one man year to be approximately $1200 per month. This
figure includes salary, benefits , and overhead but does not include equip-
ment, fuels, fertilizers and other miscellaneous supplies . A value for
this is difficult to determine as the cost for the equipment and specifi-
cations are capitalized over the entire park maintenance program. On a
judgment basis we would estimate that the value of these items approximate
$200 per year. Pending the outcome of this bid and evaluation of the
services , we have had the approved position of Maintenance Man I for park
maintenance vacant .
FINANCIAL CONSIDERATIONS
The bid on contract services for Junipero Serra Park should be evaluated
against the direct cost of personnel, $1200; and equipment and supplies ,
$200 per month.
ALTERNATE ACTIONS
1 . Approve the contract for maintenance of Junipero Serra Park, and
authorize the City Engineer to call for bids.
2. Modify the contract for maintenance.
3 . Request further information from Staff . n
FOR CITY COUNCIL AGENDA . .
3
James S. Mocalis , City Manager
Approval of Specs & Call For Bids
Landscape Maint . J. Serra Park
September 15, 1976
Page 2
RECOMMENDATION:
By motion, approve the contract for maintenance of Junipero Serra
Park, and authorize the City Engineer to call for bids .
Respectfully submitted,
Li 61�
W. D. Murphy re
WDM:rm
Encl.
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EXHIBIT I
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 coverage.
Trim around planters. Remove and dispose of all cuttings. Mow to the
following height: I
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 weed free 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 bases to maintain
a "weed free" turf condition. This shall be
the program for all bluegrass and bermuda grass
areas.
S
4. Aerate once a year between February 1 and March 31. y
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 the rate
of one pound of actual nitrogen per 1,000 square
feet. Fertilizer of an ammonia nitrate 33.5-0-0
formula shall be applied once during the months j
of January and December. Fertilizer of a urea
46-0-0 formula shall be applied every 60 days
February through November.
7. A broad spectrum fungicide (such as Actidone R2) shall
be applied to all bluegrass turf at the preventive
rate beginning April 1 each year. Additional appli-
cations shall be made at the curative rate as necessary
throughout the year. i
I
B. Slope Care
I
1. Ground Cover (grass, herbaceous plants) k
a. Irrigate as required to maintain a reasonable
appearance. "
b. Fertilization:
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1• Iceplant areas shall be fertilized when
recommended by the Director of Public
Works or his authorized representative with
the rate of each application to be one pound
of actual nitrogen per 1,000 square feet
using a 16-16-16 formula material.
2. Grass areas (Alta Fescue, etc.) shall be
fertilized every 120 days with the rate of
each application to be one pound of actual
nitrogen per 1,000 square feet using a 16-16-16
farmula 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 he
removed from the grass (Alto Fescue, etc. ) before
they go off color each year.
f. Trim and edge to maintain sidewalks and curbs Y
free of plant growth.
2. Shrubs and Trees - as required in Paragraph C, Shrub
and Ground Cover Care, and Paragraph D, Tree Care.
3. Concrete "V" drains to be kept free of debris to
allow unrestricted water flow.
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 a
Treflan, shall be applied to shrub beds and ground
cover beds in April and September of each year.
Additional weed control shall be initiated as
necessary to maintain a weed free condition. i
5. Ground cover areas should be fertilized every ninety
(90) days with the rate of each application to be one
pound of actual nitrogen per 1,000 square feet using
16-16-16 formula material.
6. Trim and edge as necessary to restrict growth from
encroaching on sidewalk or other adjacent areas.
7. Irrigate as required to maintain adequate growth rate
and reasonable appearance.
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 q
annual bedding plant areas as well.
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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. i
4. Remove all dead and damaged branches back to point
of breaking. I.
S. Stake and support trees when necessary. k
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
and appearance.
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. I
3. Adjust water application to compensate for changes rk
in weather. CONTRACTOR will be responsible for
damages occurring due to under-watering or over-
watering. CC
4. All replacements to be with original type material - p
or substitutes approved by the CITY.
5. Repair or replacement of equipment damaged as a result -
of CONTRACTOR's negligence shall be replaced at the
CONTRACTOR's expense.
6. Damage not resulting from CONTRACTOR's negligence
will be reported promptly to the CITY, together with
an estimate of costs for correction of the condition.
7. All systems to be operationally checked a minimum of
once a week.
S. Irrigation will be accomplished between 10:00 p.m. }
and 3:00 a.m. , subject to change by CITY.
F. Tot Lots and Play Areas f
1. Remove from park any and all animal feces or materials I
detrimental to human health daily.
i
2. Rake, clean and remove debris a minimum of once a
week.
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• 3. Inspect and check all play equipment for vandalism
and safety hazards; make minor repairs and report
major damage to CITY.
4. Maintain tot lots an.: play areas weed free.
5. Immediately remove all broken glass and any sharp
objects.
6. Replace sand or other tot lot base materials as +i
needed to maintain a suitable play area. ;t
7. Tot lot area must be inspected daily and maintained
in a neat, clean and safe condition at all times.
G. General
1. Vegetation shall not overhang a sidewalk at less than
7 feet in height or a roadway at less than 14 feet
in height.
2. All operations will be conducted so as to provide
maximum safety for the public.
3. Where CONTRACT work may create potential or known
hazards on streets or roads and to persons traversing
them, CONTRACTOR shall obtain at his own expense and
place whatever signs, lights, ba-:ricades 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 ordinance and statutes.
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 f
other areas dirtied by his maintenance operations. f
I
6. CONTRACTOR will report to CITY any malfunction of d.
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
acTification; turf dethatching; preventive application
of turf fungicide; and annual type bedding plant
replacements.
B. CONTRACTOR is required as part of this Agreement to
furnish all materials necessary to accomplish maintenance
in accordance with the foregoing specification 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 i
will be reimbursed the wholesale cost of such materials '
and parts upon presentation of properly itemized
invoices. Any other types of materials required to j
be furnished will he considered as extra work (see
Exhibit 1, H) .
I
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9. CONTRACTOR is required to maintain an office in
Orange County and provide the office with phone
service during normal working hours. If a telephone
answering service is utilized, the answering service
shall be capable of contacting CONTRACTOR by radio or
pager. CONTRACTOR 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 th--y are in
or on the grounds. k
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.
r
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.
H. Extra Work r
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 r
accidents. 11
3. Extra work may be required by the CITY in order to
add new landscaping or to delete or modify existing y
landscaping.
4. Payment for extra work will be based on actual cost of
labor plus wholesale cost of materials plus 208 of
materials.
5. The Director of Public Works, or his authorized I
representative, is authorized to approve extra
work up to 258 of the annual cost of the Agreement. I
i
,. J. Standards of Performance
All other portions of this Agreement notwithstanding, it
is agreed that the intent of this maintenance contract is
to provide a level of maintenance that will present a
pleasing and desirable appearance at all times. CONTRACTOR
agrees to maintain all designated areas covered by this
Agreement at such level. �
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PHONE MESSAGE for
I a•YFVP•T tiTM�TR'TT7'� _, 4
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❑ Telephoned ❑ lease return the call ❑ Will call again ❑ Came in ❑ Sea me
Message:. .... . .....
'PRbfiB: Date Time By
Do 00+ Release <.1r1, i bE?(,r,. a t jx� ,ro,;( c r
CASHIER'S CHECK 04575k)
16-303]
REMITTERF• Oshlta DATE January 24, 1977 1220
PAY TO THE ORDER OF',__L *CITy OF SAN JUAN CAP STRANO* g 2,376.M
CALIIFFORNIA/ � LOS ANGELES MAIN OFFICE
FIRSTBAN � OLDS
WEST 6TH STREET --
LOS ANGELES. CALIFORNIA 90017
R ILEO SIGNsIVRE
11004S ? S3110 1: 1 2 20111 30 3 71: 13111999 07911'
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4,p `�ow ThIS Qmt G"
AGREEMENT
LOCAL PARK AND RELATED 'LANDSCAPE WkINTENANCE
THIS AGREEMENT is made and entered into this day of
, 19 , betveen the City of San Juan Capistrano,
hereinafter referred to as "CITY" and
hereinafter referred to as "CONTRACTOR" for local park and related
landscape maintenance of Junipero Serra Park and El Camino Real Park.
The implementing authority for the CITY shall be the Department of
Public Vlorks.
11 I T N E S S E T If :
SECTION 1. TEMNI: This Agreement shall commence on the
day of 19 and shall remain and continue in effect
`or 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 Park (3 .75 acres) and El Camino Real Park
(4. 5 acres) . CONTRACTOR may be required to perform extra work as deemed
necessary by the Director of Public Works.
SECTION 3 . D1E.ASURF.MENT .AND PAYMENT: CONTRACTOR agrees to
provide all necessary labor, machinery, tools, equipment and all other
utility and transportation services required to perform the landscape
maintenance in the manner specified herein for the following monthly
consideration:
Item Description Unit: Cost Units Total Cost
C Junipero Serra Park $' x 8 . 25 acres = $
and
E1 Camino Real Park TOTAL MONTHLY COST = $ / r�
Payment for any extra work directed by CITY shall be the actual
cost of labor plus wholesale cost: of material plus 20 percent..
Monthly pay:aents to CONTRACTOR %•:ill be made on the re7ular day
for paylacnt of. City bills by the City Treasurer. CONTRACTOR shall submit-
detailed invoices with hack u,, vouchers for all charges other than monthly
costs for item above.
At the sole discretion of the Director of Puhlic Work:, additions
or dclet:.lens niav bo. rlldc to this a:`1't Calt`11 t. which ma)' rt'SLllt in all IIiC]'e,1SC
or deC-C,ISC 11: th:` arC`a:-, ih.{ tic"rc,,,10 t0 ho mailit.ainod . Such cha111'Jos bili.
bo stlb:nit.tctl t0 ( hti'1:i:\i"1!`:i in v2ritinq anJ1 s1?a) l b^ id! ntifiei a:� addol",W;11-
t.0 thiF i17l1'00: 01l{ Tho al { t`Ct( aioaB will {�, c.l a: ::.Lf1C'a, ❑1L.ISl::'C.1, .'.ait
pr.iccd in accortiauict, t;it:h thUnit costs spc,•i.;. icu, above,
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SECTION GENERAL PROVISIONS: Gene provisions for the
work to be performed are contained herein and are made a part of this
agreement by reference.
SECTION 5. EQUIPMENT, LABOR AND nREVAILTZIG WAGES:
CONTRACTOR shall use and furnish at his own expense all labor and equip-
ment necessary for the satisfactory performance of the work set forth
in this contract.
Eight hours constitutes a legal day' s work. The time worked by
each workman employed in the execution of the agreement by CONTRI+CTOR or
any subcontractor under 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 1512 , California Labor
Code.
In the performance of the terms of the Agreement, CON-TRACTOR
agrees that he will not engage in nor permit such subcontractors as he
may employ from engaging in discrimination in employment of persons
because of race, color, national origin, ancestry, or religion.
Pursuant to Section 1771 of the Labor. Code, CONTRACTOR is
required to pay the general prevailing rate of per diem wages for each
laborer or workman performing any work under this contract.
SECTION 6. CONTROL OF WORK: The Director of Public Works,
or his authorized representatives, shall decide all questions which may
arise as to the manner of performance and rate of progress of the work;
all questions as to the acceptable fulfillment of the contract: on the part
of the CO`;TP�•1CTCP.; 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. V'hen condition of a maintained area is dotermir,ed by
Director to be substandard due to inadequate or improper mainten,.r,cc,
monthly pa}• ent may be withheld until such condition is resolved to the
satisfaction of the Director.
SECTION 7 . PROSECUTT0% OF t;ORF: The CONTRACTOR shall bcgili
maintaining larescapi.ng withill tiftcc)(1` )days aft.cr 010 eze•cut_i0n of
the agreemo nt by the CITY and shall diligently prosecute the same until
the termination of the agreement.
SECTION S. CONTRACT .[; \hS: Prior to the date of execution
of this anrcce::nt by CITY , C1 :: 1'::AC;J:: :1l.cll d posit vith the CIT'i a
suret}' bond to secure tho fait11f111 porfo:-:Nance of this contract and a
separate bond to secure ha}:;, nt of 1-or: ons porfor;;lillq labor and furnishing
mat:erl.11s, in connCction 'with til] .^. tonl-act , v:lch 1`ond 51:.111 11,0 ill the
n
amout Of not less than On1'
t, Hun;red crcont. ( 100': ) of the ar:ounL of Li: '.s
contract.
SECTION 9. INSURANCE: CONTRACTOR shall maintain insurance
k mage appropriate to protect against all risks arisincl from, or connected
Manner with, the subject matters of this Agreement, acceptable to
effective on the first day- of Operation and in full force
t , • . v ,! : ut the full term of th' s Agreement. The policy or policies shill
%lnS(,rwritten by insurors admitted to operate in the State of California,
$ „ a."eptable to the Department of insurance, on forms no less broad in
! t ` Q ;cc,)pc of coverage than standard forms. Each policy of insurance shall
1 r the CITY as :additional insured; provide for 30 days written notice
C11y,, of cancellation, material change, and/or intention not to
:- .•; allose for severa`,ility of interest of CITY; be primary and non-
. ,�-, rtbuting with insurance maintained or self-insured by CITY; and be
rr,cd with a standard waiver of subrogation in favor of CITY.
CONTRACTOR agrees to deposit with CITY, on or before the time
9 rage is required to be in effect, certificates of insurance in
: .cate to satisfy CITY that insurance provisions of this Agreement
r been complied with, and to keep such insurance in effect and the
: !. tficates thereof on deposit with CITY during the entire term of
• ' : > Agreement. CONTRACTOR agrees to furnish certified copies of in-
policies if requested by letter by CITY when certificates are
':,'ct inadequate by CITY.
CITY shall retain the right at any time to review the coverage,
' -, n ..ind amount of the insurance required hereby. If, in the opinion
CM, the insurance provisions in this Agreenient do not provide
e ;,:.zte protection for CITY and for members of the public foreseeably
� ; . %V'l to risk arising from this Agreement CITY may require CONTRACTOR
t= Ertnin insurance sufficient in coverage, form, and amount to provide
l ; ;ate protection therefor. CITY requirements shall be reasonable
' - !hall be designed to assure protection from and against the kind and
of the risk t.hich exist or may bo foreseen at the time a change
:c•. urancc is required.
CITY shall notify CONTRACTOR in writing of any required changes
1rnurance requirements and should CONTRACTOR fail to deposit copies
hle insurance certificates or policies incorporating such
within sixty (60) days of receipt of notice, such failure shall
' -:clered a material breach of this contractth011 further notice
SP1 l'Oa and CITY shall be entitled to all legal remedies.
Tho procuring of such required policy or policies of insurance
1)_ cUnstru('.J t0 limit CO:\Tl�_1C'.i0:2 ' S llal)1 lit.\' lli'rCllndeY I10T t0
; '• : i:1,"-: nification provisions, and rcquirelacnts of this Aclrcrnent.
Said policy Ot- policies of insurance, CoNrRAC'POR shall
IOL' the lull a11d total aII',O slat Of an\• �1I1G;;1Pe, 111ji1ry , OY
ane91i9011ce c0nilected With the Agreo;,:ont.
stall when rcqucsted by CITY or its in=l:rcrs
e ti .
1)Jt.11, ally provide .in! orn;ati0n to the tii`f CI1SC
wits, and shall refrain frog any act _; or st.at.r.1onts to
coald h�` prejudicial to t;u;�h defense.
C:1Slt.li,'C\' : All, car.u;,lt:\• polieior rul:,t. mune the-
Capistrano is ,:a a.icirtienai .insurod . Lfitire lil,lit!; or
1
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fn
liability maintained mum be certified but in no At shall limits be
'less than specified herci-nbclow. Any aggregate limitation of alibility
shall be separate as to the risks arising out of the subject matter of
this Ayreemcnt.
Coverage MINIMUM Limit
Workers Compensation & Employers
Liability $100, 000
Comprehensive General Liability $500, 000 Combined Single
Limit Each Occurrence
Auto Liability $100, 000 Bodily Injury
$300, 000 Each Occurrence
$100, 000 Property Damage
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 condit.i,ons
of premises and o:ays at ill times, including safely stored equipment,
machines, materials or acbris, protected excavatiolis, 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 tides , so as to protect all persons, including
CONTR'1CTOR 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 V,7orks 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 p--rsons
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 pcoperty damage suffered through
the CO`MI ACTO-A' S ncgligoncc, which liability is not impaired or other-
wise affected hereunder , the CONTRACTOR assures the obligation to save
the CITY harmdoss and to inac.ra:if} the CITY from cver:y esp r.;:c, liability
or payrlcllt ari >ling out of or through injury ( including death) to any
pert-on or pil"50115 or dar,lage to pr0?C: ty (regarciless Of who Blity bo the
Oid:i?r' of the pS'O;' I"t\') of ally place ill which fork is located, ari;inq
out of or suffcrca through any act or o::is;:ion of the CONTRACTO" or
an} subcontractor or anyollc directly or indirectly omplo.'cd by o,r uncicr
the supol-vision of ally of them ill the pros-ocut.l Oil of the Operations
included ill this contract.
- 1 �-
SECTION 13 . CONTRACT EXTENSION: In event CONTRACTOR
has fully complied wi 11 term and conditions this contract, as
determined in the sole discretion of CITY ' S Director of Public PJor. ks,
CONTRACTOR may request that the duration of this contract be extended
for successive periods of twelve months . CONTRACTOrt shall submit his
request in wri_ing to the Director at least 30 calendar days prior to
the date on which th contract or an extension thereof would otherwise
have terminated, and the Director upon his determination that CONTRACTOR
has complied with all terms and conditions of this 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 14 . CONTRACT TEPU?INITION : Any other provisions
herein to the contrary notwithstanding , and in addition to other methods
of termination provided for herein or avail.able under- the lai•.s of the
State of California, it is agreed that this Agreement shall terminate
sixty (60) days after written notice of intent to terminate which may be
given by either party to the other party of the Agreement.
SECTION 15. NOTICES: Any written notices to the parties
.hereto shall be suffici_nt 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
San Juan Capistrano, CA 92675
SECTION 16. ASSIGNMENT: CONTRACTOR may not assign this
Agreement without prior consent and approval of CITY.
SECTION 17 . LICENSING RF.OUIREMENTS : 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 Fest Control Operator ' s License or
must subcontract pest control requirements to a licensed contractor.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement at San Juan Capistrano, California, the day and year first
above written,
CITY OF SAN JUAN CAPISTR-NNO
Dated By
Douglas: 13. Nash, Mayor
. . -1G-
CONTRACTOR
Dated
Name
By
By
ATTEST:
Mary Ann Hanover, City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss
CITY OF SAN JUAN CAPISTRANO )
I, CLARY 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 Local Park and Related
Landscape Maintenance, (Junipero Serra Park and/or E1 Camino Real
Park) executed by the Mayor of: the City Council of the City of San
Juan Capistrano, California.
M, ry Ann Hanover, City Clcrk
a
32400 I•ASEO ADELA NI'O
4 SAN JUAN CAPISTRANO•CALIFOPNIA 9267$
PHON[ A9]417J d
REQUEST FOR WARRANT
TO: Toyo Landscaping AMOUNT $1, 320 . 00
523 South Newhope Avenue DATE 1/29/79
Santa Ana, CA 92704 ACCOUNT
CHECK 4
511011 ON CHECK STUB: Return of $1, 320 .00 (cashier's check) deposited
in City' s account. Check was received per bid
opening for Park and Parkway Maintenance, Despanso .
Park and specified parkways. Toyo 's. .contract has
expired and a new contractor has taken over the
-maintenance. . . . . . . .
APPROVED:,, jWe-
i
• City�Glerk
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The Bank of Tokyo of California -2),
SANTA ANA BRANCH
P' OX 1854-SANTA ANA MAIN OFFICE
5—..TA ANA, CALIFORNIA 92702
RECEIVED
SEP I
MAINTENANCE O.1 EL CAMINO REAL AND JUNIPERO SE RA PARKS
$5.00 non-refundable %PECIFICATi0NS1.])Q9u1lN65
qP
charge for specifications BID OPENING - JANUARY 5, 1977, 11: 00 A.M.
(no plans) CITY COUNCIL CHAMBERS
NAME ADDRESS PHONE opts$
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NOTICE INVITING BIDS
Public Notice is hereby given that the City Council of the City of
San Juan Capistrano will up to 11: 00 a.m. on the 12th day of
October 1976 receive sealed proposals or bids for the
monthly landscape maintenance of Junipero Serra Park (3 .75 acres) ,
in the City of San Juan Capistrano, all in accordance with the f
approved specifications on file in the Office of the City Clerk, II
32400 Paseo Adelanto, San Juan Capistrano, California. Said I
specifications may be obtained at no charge from the City Clerk
at the San Juan Capistrano City Hall.
Junipero Serra Park is located on Calle Santa Rosalia at Calle Bonita.
To the Honorable City Council
City of San Juan Capistrano
San Juan Capistrano, California
Gentlemen:
The undersigned hereby proposes and agrees to provide all necessary
labor, machinery, tools, equipment and all other utility and trans-
portation services required to perform the landscape maintenance in
accordance with the specifications for the maintenance of Junipero
Serra Park, approved by the City Council on September 15, 1976 .
Item Description Unit Cost Units Total Cost
A Junipero Serra Park $ Z3,5 x 3. 75 acres = e,
z s-
TOTAL MONTHLY COST $ / S__D
Dated //5 / A sc" / r/ �dClSC �4Na1�c9�J�
Company
By
C - z7 3G � �
NOTICE INVITING BIDS
Public Notice is hereby given that the City Council of the City of
San Juan Capistrano will up to 11: 00 a.m. on the 12th day of
October 1976 receive sealed proposals or bids for the
monthly landscape maintenance of Junipero Serra Park (3 . 75 acres) ,
in the City of San Juan Capistrano, all in accordance with the
approved specifications on file in the Office of the City Clerk, !
32400 Paseo Adelanto, San Juan Capistrano, California. Said
specifications may be obtained at no charge from the City Clerk
at the San Juan Capistrano City Hall.
Junipero Serra Park is located on Calle Santa Rosalia at Calle Bonita .
To the Honorable City Council
City of San Juan Capistrano
San Juan Capistrano, California
Gentlemen:
The undersigned hereby proposes and agrees to provide all necessary
labor, machinery, tools, equipment and all other utility and trans-
portation services required to perform the landscape maintenance in
accordance with the specifications for the maintenance of Junipero
Serra Park, approved by the City Council on September 15, 1976 .
Item Description Unit Cost Units Total Cost
A Junipero Serra Park $ 28O.00 x 3. 75 acres = 1050.00
TOTAL MONTHLY COST $ 1n5n_nO
Dated October 12, 1976 South Coast Gardening Service
r Coiipany
By
South Cast
Gardening Service
October 12, 1976
Gentlemen:
The follovring is a list of our local
references:
Capistrano Villas i#2
c/o Phyllis Cappeta
P.O. Box 427
San Juan Capistrano 493-7373
Capistrano Villas 11'-3
Coordinated Management Services
c/o Ginger Coff
P.O. Box 996
San Juan Capistrano 493-2334
Las Brisas Garden fomes 412
c/o Ginger Coff
Coordinated 'Management Services
Y.O. Box 996
San Ju!;n Capistrano 493-2334
Rancho P.ission Viejo
O'Neill ' s main ranch house
?_8672 Ortega ni,.hway
San Juan Capistrano 493-1571
In addition to the above we have provided
mowing service at El Ca_Ano seal Park during the
past .aonth.
P.O. Box 303, San Juan Capistrano, Ca. 92675 (714) 496-6009
NOTICE INVITING BIDS
public Notice is hereby given that the City Council of the City of
i
San Juan Capistrano will up to 11: 00 a.m. on the 12th day of
k
October 1976 receive sealed proposals or bids for the
monthly landscape maintenance of Junipero Serra Park (3 . 75 acres) ,
in the City of San Juan Capistrano, all in accordance with the j
approved specifications on file in the Office of the City Clerk,
32400 Paseo Adelanto, San Juan Capistrano, California. Said
i
specifications may be obtained at no charge from the City Clerk
at the San Juan Capistrano City Hall.
Junipero Serra Park is located on Calle Santa Rosalia at Calle Bonita.
To the Honorable City Council
City of San Juan Capistrano
San Juan Capistrano, California
Gentlemen:
r
The undersigned hereby proposes and agrees to provide all necessary
labor, machinery, tools , equipment and all other utility and trans-
portation services required to perform the landscape maintenance in
accordance with the specifications for the maintenance of Junipero
Serra Park, approved by the City Council on September 15, 1976 .
Item Description Unit Cost Units Total Cost
A Junipero Serra Park $ 260.00 x 3 . 75 acres = $975.00 per month
TOTAL MONTHLY COST $ q7S-00 per month
Dated October 11 , 1976 South Coast Landscape Maintenance Company
Company
By
SOUTH COAST LANDSCAPE MAINTENANCE COMPANY License No. C-27 316491
25301. Calle Becerra Laguna Niguel, California 92677 Telephone: (714) 831-9086
October 11 , 1976
To the Honorable City Council
City of San Juan Capistrano
San Juan Capistrano, California 92675
Gentlemen:
Enclosed is our bid proposal for landscape maintenance of Junipero
Serra Park. Our total monthly cost as per your specifications is $975
per month.
Below are some of our contracts:
Terrace Community Association
Irvine, California
Moulton Parkway Residents ' Association #1 and Homeowners ' Association
#3
Laguna Hills, California
Broadmoor-Placentia Homeowners' Association
Placentia, California
For your convenience, our 24-hour emergency telephone number is
(714) 831-9086.
If you have any questions regarding our company or this bid, please
contact us.
Since el ,
n J enez
JAJ:pJ
RECEIVED August 16, 1976
JN 71 1 06 PM '76 Scott Osenbaugh
CITY OF 907 Santa Ana
SAN ,JUAN Laguna Beach, Calif.
CAPISTRANO �9g 9W17
Mr. William D. Murphy
Director of Public Works
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, Calif.
Dear Sir,
I am writing to express my interest in submitting
a bid for the maintenance of the landscaped areas the
City of San Juan Capistrano will be putting up for bid.
It is my understanding that this is a recent proposal
by the City Council and you may not be prepared for bids
quite yet. However, I wish to submit the name of my
Company so that I might be kept informed as to which
areas are to be maintained and when they are to be put
out for bid.
My company is Scott Osenbaugh Landscape Maintenance.
I am a licensed Landscape Contractor and have all the
proper insurance and bond. I have all the necessary
equipment, including a Heston Lawn Tractor, to maintain
the landscaping in the highest horticultural standards.
I would be pleased if you would keep me in mind and
inform me on the progress of this proposal. Please
contact me at 499-4417 or the address above. Thank you,
Sincerely,
Scott Osenbaugh
A' x*1