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1984-0417_TOYO LANDSCAPING CO_Agreement "City" A G R E E M E N T LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS 0i r"! TRACTS 7673 , 8485 , 9382 , 9284 , 9373 and 7654 THIS AGREEMENT is made and entered into this 17thday of A.nril , 19 84 , between the City of San Juan Capistrano , hereinafter referred to as "CITY" and T .l C nTn�anW , hereinafter referred to as "CONTRACTOR" for landscape maintenance of specified portions of Various Parkways , Parks , & City Facilities. 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 Mav , 1984 , and shall remain and continue in effect for a period of twelve {12) months thereafter subject to extension or termination as described in Section 13 or Section 14 . SECTION 2 . MAINTENANCE: Maintenance shall include but not be limited to slopes, parkwaystand other specified areas in above referenced tracts . CONTRACTOR may be required to perform extra work as deemed necessary by the Director of Public Works. SECTION 3 . MEASUREMENT AND PAYMENT: CONTRACTOR shall agree to provide all necessary labor, machinery, tools , equipment and all other utility and transportation services required to per- form the landscape maintenance in the manner specified herein for the following consideration: SPECIFIED AREAS IN TRACTS 7673 , 8485 , 9382 , 9284 , 9373 and 7654 TOTAL MONTHLY COSTS $ 375 .00 TOTAL ANNUAL COSTS $ 4, 500 .00 Payment for any extra work directed by CITY shall be the actual cost of labor plus wholesale cost of material plus 20 percent. Monthly payments to CONTRACTOR will be made on the regular day for payment of City bills by the City Treasurer. CONTRACTOR shall submit detailed invoices with back-up vouchers for all charges other than monthly costs for item above. At the sole discretion of the Director of Public Works , additions or deletions may be made to this agreement which may result in an increase or decrease in the areas and acreage to be maintained. Such changes will be submitted to CONTRACTOR in writing and shall be identified as addendums to this agreement. The affected areas will be classified, measured, and priced in accordance with the unit costs specified above. -12- A G R E E M E N T LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS 7673 , 8485 , 9382 , 9284 , 9373 and 7654 THIS AGREEMENT is made and entered into this 17thdav of April , 19 Re. , between the City of San Juan Capistrano , hereinafter referred to as "CITY" and Toyo Landscaping Companv , hereinafter referred to as "CONTRACTOR" for landscape maintenance of specified portions of Various Parkways , Parks, & City Facilities . 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 day of May 19 84_, and shall remain and continue in effect for a period of twelve ( 12) months thereafter subject to extension or termination as described in Section 13 or Section 14 . SECTION 2. MAINTENANCE: Maintenance shall include but not be limited to slopes , parkways and other specified areas in above referenced tracts. CONTRACTOR may be required to perform extra work as deemed necessary by the Director of Public works . SECTION 3 . MEASUREMENT AND PAYMENT: CONTRACTOR shall agree to provide all necessary labor, machinery, tools , equipment and all other utility and transportation services required to per- form the landscape maintenance in the manner specified herein for the following consideration: SPECIFIED AREAS IN TRACTS 7673 , 8485 , 9382 , 9284 , 9373 and 7654 TOTAL MONTHLY COSTS $ 410 . 00 TOTAL ANNUAL COSTS $ 4 , 920 .00 Payment for any extra work directed by CITY shall be the actual cost of labor plus wholesale cost of material plus 20 percent. Monthly payments to CONTRACTOR will be made on the regular day for payment of City bills by the City Treasurer . CONTRACTOR shall submit detailed invoices with back-up vouchers for all charges other than monthly costs for item above. At the sole discretion of the Director of Public Works , additions or deletions may be made to this agreement which may result in an increase or decrease in the areas and acreage to be maintained. Such changes will be submitted to CONTRACTOR in writing and shall be identified as addendums to this agreement. The affected areas will be classified , measured, and priced in accordance with the unit costs specified above. -12a- A G R E E M E N T LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS 7673 , 8485 , 9382 , 9284 , 9373 and 7654 THIS AGREEMENT is made and entered into this 17thdav of April , 1984 , between the City of San Juan Capistrano , hereinafter referred to as "CITY" and rp Landscan,na Company , hereinafter referred to as "CONTRACTOR" for landscape maintenance of specified portions of Various Parkways , Parks , & City Facilities . 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 lstday ofMay 19 84-, and shall remain and continue in effect for a period of twelve (12) months thereafter subject to extension or termination as described in Section 13 or Section 14 . SECTION 2 . MAINTENANCE: Maintenance shall include but not be limited to slopes , parkways-and other specified areas in above referenced tracts. CONTRACTOR may be required to perform extra work as deemed necessary by the Director of Public Works . SECTION 3. MEASUREMENT AND PAYMENT: CONTRACTOR shall agree to provide all necessary labor, machinery, tools , equipment and all other utility and transportation services required to per- form the landscape maintenance in the manner specified herein for the following consideration: SPECIFIED AREAS IN TRACTS 7673 , 8485 , 9382 , 9284 , 9373 and 7654 TOTAL MONTHLY COSTS $ 790 . 00 TOTAL ANNUAL COSTS $ - 9 . 000 .00 Payment for any extra work directed by CITY shall be the actual cost of labor plus wholesale cost of material plus 20 percent. Monthly payments to CONTRACTOR will be made on the regular day for payment of City bills by the City Treasurer. CONTRACTOR shall submit detailed invoices with back-up vouchers for all charges other than monthly costs for item above. At the sole discretion of the Director of Public Works , additions or deletions may be made to this agreement which may result in an increase or decrease in the areas and acreage to be maintained. Such changes will be submitted to CONTRACTOR in writing and shall be identified as addendums to this agreement. The affected areas will be classified, measured, and priced in accordance with the unit costs specified above. -12b- A G R E E M E N T LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS 7673 , 8485 , 9382 , 9284 , 9373 and 7654 THIS AGREEMENT is made and entered into thisl7th day of April 19 " , between the City of San Juan Capistrano , here Wafter referred to as "CITY" and Tovo Landscaoina company , hereinafter referred to as "CONTRACTOR" for landscape maintenance of specified portions of Various Parkways , Parks , & City Facilities. 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 lday of Mev , 19R4 _, and shall remain and continue in effect for a period of twelve (12) months thereafter subject to extension or termination as described in Section 13 or Section 14 . SECTION 2. MAINTENANCE: Maintenance shall include but not be limited to slopes, parkwaystand other specified areas in above referenced tracts. CONTRACTOR may be required to perform extra work as deemed necessary by the Director of Public Works . SECTION 3 . MEASUREMENT AND PAYMENT: CONTRACTOR shall agree to provide all necessary labor , machinery, tools , equipment and all other utility and transportation services required to per- form the landscape maintenance in the manner specified herein for the following consideration: SPECIFIED AREAS IN TRACTS 7673 , 8485 , 9382 , 9284 , 9373 and 7654 TOTAL MONTHLY COSTS $ 300 .00 TOTAL ANNUAL COSTS ; 3 , 600 .00 Payment for any extra work directed by CITY shall be the actual cost of labor plus wholesale cost of material plus 20 percent. Monthly payments to CONTRACTOR will be made on the regular day for payment of City bills by the City Treasurer. CONTRACTOR shall submit detailed invoices with back-up vouchers for all charges other than monthly costs for item above. At the sole discretion of the Director of Public Works , additions or deletions may be made to this agreement which may result in an increase or decrease in the areas and acreage to be maintained. Such changes will be submitted to CONTRACTOR in writing and shall be identified as addendums to this agreement. The affected areas will be classified, measured, and priced in accordance with the unit costs specified above. -12c- A G R E E M E N T LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS 7673, 8485, 9382 , 9284 , 9373 and 7654 THIS AGREEMENT is made and entered into this 17tr. dav of April , 19 84 , between the City of San Juan Capistrano , hereinafter referred to as "CITY" and T g T,anal 4pina ComDanv hereinafter referred to as "CONTRACTOR" for landscape maintenance of specified portions of Various Parkways , Parks, & City Facilities . 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 ofMaw , 19-g4, and shall remain and continue in effect for a period of twelve ( 12) months thereafter subject to extension or termination as described in Section 13 or Section 14 . SECTION 2. MAINTENANCE: Maintenance shall include but not be limited to slopes, parkways-,and other specified areas in above referenced tracts. CONTRACTOR may be required to perform extra work as deemed necessary by the Director of Public Works . SECTION 3 . MEASUREMENT AND PAYMENT: CONTRACTOR shall agree to provide all necessary labor , machinery, tools , equipment and all other utility and transportation services required to per- form the landscape maintenance in the manner specified herein for the following consideration: SPECIFIED AREAS IN TRACTS 7673 , 8485 , 9382 , 9284 , 9373 and 7654 TOTAL MONTHLY COSTS $ 900 .00 TOTAL ANNUAL COSTS $ 10 , 800 .00 Payment for any extra work directed by CITY shall be the actual cost of labor plus wholesale cost of material plus 20 percent. Monthly payments to CONTRACTOR will be made on the regular day for payment of City bills by the City Treasurer . CONTRACTOR shall submit detailed invoices with back-up vouchers for all charges other than monthly costs for item above. At the sole discretion of the Director of Public Works , additions or deletions may be made to this agreement which may result in an increase or decrease in the areas and acreage to be maintained. Such changes will be submitted to CONTRACTOR in writing and shall be identified as addendums to this agreement. The affected areas will be classified, measured, and priced in accordance with the unit costs specified above. -12d- A G R E E M E N T LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS 7673 , 8485, 9382 , 9284 , 9373 and 7654 THIS AGREEMENT is made and entered into thisl7th_dav of April , 19 84 , between the City of San Juan Capistrano , hereinafter referred to as "CITY" and Tovo_andsrap_ na___ Company , hereinafter referred to as "CONTRACTOR" for landscape maintenance of specified portions of Various Parkways , Parks , & City Facilities . 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 1day of May 15 aa_, and shall remain and continue in effect for a period of twelve (12) months thereafter subject to extension or termination as described in Section 13 or Section 14 . SECTION 2. MAINTENANCE: Maintenance shall include but not be limited to slopes , parkwayst and other specified areas in above referenced tracts . CONTRACTOR may be required to perform extra work as deemed necessary by the Director of Public Works . SECTION 3 . MEASUREMENT AND PAYMENT: CONTRACTOR shall agree to provide all necessary labor, machinery, tools , equipment and all other utility and transportation services required to per- form the landscape maintenance in the manner specified herein for the following consideration: SPECIFIED AREAS IN TRACTS 7673, 8485 , 938.2 , 9284 , 9373 and 7654 TOTAL MONTHLY COSTS $ 785.00 TOTAL ANNUAL COSTS 9 ,420 .00 Payment for any extra work directed by CITY shall be the actual cost of labor plus wholesale cost of material plus 20 percent. Monthly payments to CONTRACTOR will be made on the regular day for payment of City bills by the City Treasurer . CONTRACTOR shall submit detailed invoices with back-up vouchers for all charges other than monthly costs for item above. At the sole discretion of the Director of Public Works , additions or deletions may be made to this agreement which may result in an increase or decrease in the areas and acreage to be maintained. Such changes will be submitted to CONTRACTOR in writing and shall be identified as addendums to this agreement. The affected areas will be classified, measured, and priced in accordance with the unit costs specified above. -12e- 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 equipment necessary for the satisfactory performance of the work set forth in this contract. Eight (8) 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 performed in excess of eight hours per .day shall be permitted upon compensation 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 the 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, CONTRACTOR 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 furnishing materials in connection with this contract , each bond shall be in the amount of not less than one hundred percent (1008) of the amount of this contract. -13- The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1979 Edition, hereinafter referred to as the Standard Specifications. The contractor shall maintain a copy of this book on the job site at all times. The provisions of the Standard Specifications shall be modified as indicated below: Change 1 : "Section 2-4 - Contract Bonds" The "Payment Bond" (Material and Labor Bond) shall be in the amount of 100 percent (100%) of contract price. The "Faithful Performance Bond" shall be held in assur- ance of guaranteed performance for a period of one year after acceptance of the improvements by the City Council. Change 2 : "Liability Insurance" The amounts and provisions of insurance are modified to be: Bodily Injury $ 500 ,000 each person Bodily Injury $1 , 000 , 000 each accident Bodily Injury $1, 000 , 000 aggregate products Property Damage $ 500 , 000 each accident Property Damage $ 500 , 000 aggregate operations Property Damage $ 500 , 000 aggregate protection Property Damage $ 500, 000 aggregate products Property Damage $ 500, 000 aggregate contractual The CONTRACTOR shall likewise obtain public liability and property damage insurance to cover vehicles used or main- tained by him, whether on or off the premises, with liability limits of not less than $500 , 000 , for any one person, and $500 , 000 , for any one accident, and property damage of $500 , 000 . The insurance amounts set forth herein are the minimum amounts required by the City. Other agencies with which the CONTRACTOR may be involved in the accomplishment of the work may require greater amounts . The CITY will not recognize any claim for additional com- pensation because of the requirement for greater amounts of insurance, as an element to be considered by the con- tractor in determining his bid. 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 standards for safe practices during operations and to maintain safe conditions of premises and ways at all times , including safely stored -14- 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 , vandalisms , hazards , etc. , shall be initially reported by telephone 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 , and 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 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 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. SECTION 13. CONTRACT EXTENSION: In the event CONTRACTOR has fully complied with all terms and conditions of this contract , as determined in the sole discretion of CITY ' s Director of Public Works , CONTRACTOR may request that the duration of this contract be extended for successive periods of twelve months. CONTRACTOR shall submit his request in writing to the Director of Public Works at least 30 calendar days prior to the date on which the contract or an extension thereof would otherwise have terminated. In no event shall the total term of this contract, including all extensions , exceed 36 months. SECTION 14 . CONTRACT TERMINATION: Any other provisions herein to the contrary notwithstanding , and in addition to other methods of termination provided for herein or available under the laws of the State of California, it is agreed that this Agreement shall terminate sixty (60) days after written notice of intent to terminate which may be given by either party to the other party of the Agreement. SECTION 15 . NOTICES: Any written notices to the parties hereto shall be sufficient 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 -15- SECTION 16 ASSIGNEMNT: CONTRACTOR may not assign this Agreement without prior consent and approval of CITY. SECTION 17 LICENSING REQUIREMENTS: CONTRACTOR is required to possess either a valid C-27 Landscape Maintenance License or a valid Class A Contractor ' s License. In addition, CONTRACTOR must possess a Pest Control Advisor' s License and a Pest Control Operator ' s License or must subcontract pest control requirements to a licensed contractor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement at San Juan Capistrano, California, the day and year first above written. Dated: April 17 , 1984 ATTEST : CITY OF SAN JUAN CAPISTRANO B MAR ANN ER, CITY CLERK y G Y HAUSDORFER, MAY I. APPROVED AS TO FORM: CONTRACTOR: --�� ec? TOYO LANDSCAPING COMPANY &MES S . OKAZAKI , C Y ATTORNEY By STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SAN JUAN CAPISTRANO) I , MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of the Agreement for Maintenance of Land- scaping in various park sites and parkway areas executed by the Mayor of the City Council of the City of San Juan Capistrano , California. MARY ANN HANOVER, CITY CLERK -16- 0 • 2 . AWARD OF CONTRACT - LANDSCAPE MAINTENANCE DISTRICTS / (38-#417) /38) Written Communications: (74) Report dated April 17 , 1984 , from the Director of Public (85) Works , forwarding results of bids received for the Landscape Maintenance Districts. The report set forth the cost breakdown by tract and advised that information had been forwarded to the Landscape Maintenance Districts Committee. Funds will be budgeted in the 1984-85 Budget, Account No. 011-4440-213; costs are assessed to property owners through County tax rolls. Due to a possible conflict of interest, Councilman Schwartze left the Chamber. The Director of Public Works advised that Mr. Wann was in the process of collecting signatures on a request to dissolve the District in Tract 9373 and to reduce the District in Tract 7654 . He stated a report would be forthcoming regarding the requests and the cost changes in the tracts. Richard Wann, 28131 Calle San Remo, discussed the petition from Tract 9373 requesting abolishment of the District and the request for a reduction in the District from Tract 7654 . Award of Contract: It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried with Councilman Schwartze absent, to accept the bids as submitted; to award the contract for the Landscape Maintenance of designated Districts to the low bidder, Toyo Landscaping Company of Palm Springs , in the amount of $42 , 240 per year; and, to reject all other bids. The Mayor and City Clerk were authorized to execute the document on behalf of the City. Councilman Schwartze returned to the Chamber and resumed his duties. AGENDA ITEM April 17 , 1984. TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Contractual Services For Landscape Maintenance Districts SITUATION The bids for the landscape maintenance of district property were received and opened on April 6th. Following a review and reanalysis of these bids to assure conformity, the results for the total costs for this work are as follows: California Landscape Maintenance $53, 129 . 52 Landscape West $52 , 999. 00 South Coast Landscape $50 ,400. 36 Toyo Landscaping Co. $42 ,240 . 00 Low bidder, Toyo Landscaping Company, has worked previously for the City and their work has been satisfactory. COMMISSION/BOARD REVIEW, RECOMMENDATION This information has been forwarded to the Landscape Maintenance Districts Committee. Prior to this bid, the Committee had met and discussed the initial proposals. This new bid is a lesser cost. FINANCIAL CONSIDERATIONS Monies for this contract will be budgeted for in the 1984-85 City budget. The costs associated with the Landscape Maintenance District Program are assessed the property owners in the district through the County tax rolls. The breakdown of individual tracts are: Tract 1983-84 1984-85 Increase/Decrease 7673 $5 ,422 . 92 $ 4 , 500 20% - 8485 5 , 530 . 92 4 ,920 12% - 9382 5 , 362 . 92 9 , 000 68% + 9373 7 , 965 . 84 10, 800 36% + 7654 7 , 725 . 84 9 , 420 22% + 9284 2 , 200. 00 3 , 600 64% + This is not the entire expenditure for providing this service. It is only the contractor ' s charge. This expense should be assessed Account #011-4440-213. FOR CITY COUNCIL AGENDA Z Landscape Maintenance Districts -2- April 17 , 1984 ALTERNATE ACTIONS 1. Accept the bids as submitted and award the contract for the landscape maintenance of designated districts to the low bidder, Toyo Landscaping Company for $42 , 240. 00 per year. 2 . Do not accept the bids. 3. Refer to staff for additional information. RECOMMENDATION By motion, accept the bids as submitted and award the contract for the landscape maintenance of designated districts to the low bidder, Toyo Landscaping Company in the amount of $42 , 240. 00 per year; authorize the Mayor and City Clerk to execute the document on behalf of the City. Respectfully submitted, W. D. Murp y WDM:CSF/rem ,R Bond #647559P S A M P L E Premium Included Yet( �� r -�� `-k . . _ ` LABOR AND MATERIAL BONRaFy KNOW ALL MEN BY THESE PRESENTS: That ' WHEREAS, the City of San Juan Ca i.strano, a municipal corporation of Orange County, California,—has awarded to Toyo Landscaping Co. , License No. , hereinafter designated as "Principal" , a contract for Landscape maintenance for specified portions of Tracts ; and /b/3,848b,9382,9284,93 ,and 7654 WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors , shall fail to pay for any materials , provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. y NOW, THEREFORE, we Toyo Landscaping Co. Principal, and ID aE VITY CWANY Cr CALIFORNIA , as surety are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Forty tan Thcxicand TI ,jo Runrlrari E&q� 1,ARS ($ 42,240.00 ) , lawful money of the United State of America, for payment of which sum well and truly to be made we bind ourselves, M our heirs, executors, administrators and successors , jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the 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. y FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, altera- tion or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and 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. -19- IN WITNESS WHEREOF three ( 3) identical counterpoarts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 2nd day of May 19 84 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Toyo Landscaping Co. PRINCIPAL By INDEX N= COMPANY OF CAT.imi) NTA SURETY B ► .ct .. � �/�R12 A usan M. scherwerts, Attorney-in-fact -19a- STATE OF CALIFORNIA COUNTY OF Orange } ss: On this 2.m9_ day of _ May in the year 1984 before me the undersigned, a Notary Public for the State of California, personally appeared c»aan M g0bPruer a , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrumentastheAttorney-in-FactofINDEMNITY COMPANY of CALIFORNIA, and acknowledged to me that he (she) subscribed the name of INDEMNITY COMPANY of CALIFORNIA thereto,and his (her) own name as Attorney-in-Fact. Notary Public in and for the County of_ Orange S CALIFORNIA ICC 304(REV,3/83) Joan M. Wynn v Bond.#647559P (S A M P L E) PREMIUM: $634.00 FAITHFUL PERFORMANCE BOND FhoE!YE0 KNOW ALL MEN BY THESE PRESENTS: ThNt( I' is P�! WHEREAS, the City of San Juan Capistrano', : a municipal corporation of Orange County, California, has awarded--to Toyo Landscaping Co. , License No. hereitia€ter deg;�gnated as "Principal a contract for Lanq., „a;nt anne Q, 6pec4firo4 pQgtbnn of; and Tracts 7673,8485 9382,9284,9373 and 7654 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, Tovo Landscaping Co. as Principal , and imuvNLTY 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 OfForty Two Thousand Two Hundred For DOLLARS " 42 5 42,240.00 ) lawful money of the United State of America,& no/1G 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, other- wise it shall be and remain in full force and virtue. FURTHER, the said surety, for value received, hereby N 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 work to be perfor,Lied Lhexeund=cC- IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named, on the 2nd. day of May 1984 , 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. Toyo Landscaping Co. PRINCIPAL By ,��'� INDEMNITY COMPANY OF CALIFORNIA SURETY \ ,- -18- B�► �.,1 ( i, � �9J\Jl rf.�nilil Susan M. Scherwerts INDEMNITY COMPANY OF CALIFORNIA IL Administrative Offices: 820 North Parton Street 1ECSANTA ANA, CALIFORNIA 82701 N? 001794 -------� POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Indemnity Company of California, does hereby make, constitute and appoint Susan M. Scherwerts, its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver for and on its behalf as surety,all bonds or under- takings but not to exceed Three Hundred Seventy-five Thousand Dollars ($375,000) any one bond or undertaking if ex- ecuted before June 30, 1984; and to bind INDEMNITY COMPANY OF CALIFORNIA thereby and all of the acts of said Attorneys}in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney Is granted and Is signed and sealed by fassimile under and by the authority of the following Resolution adopted by the Board of Directors of INDEMNITY COMPANY OF CALIFORNIA at a meeting duly called and held on the 16th day of August, 1976. "RESOLVED, that the Chairman of the Board, the President, any Vice President of the Company, be, and that aeon or any of them hereby Is authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute In behalf of IMDENMITY COMPANY OF CALIFORNIA, bonds, undertakings and all contracts of suretyship; and that any Secretary or any Assistant Secretary be, and that each or any of them hereby Is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Comp4ny. "FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attor- ney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which It Is attached." In Witness Whereof, INDEMNITY COMPANY OF CALIFORNIA has caused its official seal to be hereunto affixed, and these presents to be signed by its President or by one of Its Vice Presidents and attested by Its Secretary or by one of Its Assistant Secretaries this 16th Day of August, 1976. INDEMNITY COMPANY OF CALIFORNIA ATTEST: By Jerome J.Sweeney Secretary J.F.Bowley president STATE OF CALIFORNIA ) 1C Ts,r COUNTY OF ORANGE ) "o On this 1st Day of February, 1982, personally came before me, J.F. Bowley, President, and Jerome J. Sweeney, Secre- tary, to me known to be the Individuals and officers of INDEMNITY COMPANY OF CALIFORNIA, who executed the above Instrument, and they each acknowledge the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument Is the seal of the corporation, and that said corporate seal and their signatures as such officers were duty affixed and subscribed to the said Instrument by the authority of the board of directors of said corporation. OFFICIAL SEAL SUSAN M. SCHERC I : O � 7 NJTAKY PU9LIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY — I MY COMMISSION EXPIRES APRIL 7 1995 Notary o- f= STATE OF CALIFORNIA ) COUNTY OF ORANGE 1 CERTIFICATE I, the undersigned, assistant secretary of INDEMNITY COMPANY OF CALIFORNIA, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the pro. visions of the Resolutions of the Executive Committee of the Board of Directors set forth In the Power of Attorney, are now In force. Signed and sealed in the City of Santa Ana, California, this 2nd. day of May , 1984 pp,Vr p ICC-2 Rev.3/83 Karen A. Zimmer n Assistant Secretary STATE OF CALIFORNIA COUNTY OF Orange } ss: On this 2nd. day of May in the year 1984 before me the undersigned, a Notary Public for the State of California, personally appeared Susan M Scherwerts , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrumentasthe Attorney-i n-Fact of INDEMNITY COMPANY of CALIFORNIA,and acknowledged to me that he (she) subscribed the name of INDEMNITY COMPANY of CALIFORNIA thereto,and his (her) own name as Attorney-in-Fact. Notary Public in and for the County of Orange CALIFORNIA y ICC 304(REV.3/83) Joan M. Wynn BID OPENING — 2 : 00 . telt . (PROJECT TITLE) BIDDER A OU BOND o - of1��' ,ArrA-�'s��-.�� • - �5,-391 ,�03.� ,..- cc: City Clerk' s Staff (3) Public Works (3) City Manager (1) BID PROPOSAL N� Bid Opening For the : From 10'r*) Ati 2c6ivi� (� Contr ct�r Maintenance of Landscaping in Tracts 7673 , 8485 , 9382 , 9284 , 9373 and 7654 To the Honorable City Council City of San Juan Capistrano 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 maintenanct in accordance with the specifications for the maintenance Of Land ca inain Tracts 7673 9382 , 9284 9373 and 7 in the time stated herein, for the ump 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 undersigned at the prices stipulated. If the proposal is rejected , then the enclosed check or bid bond shall be returned to the under- signed 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 cased or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comp''ly99 with the terms of this proposal . Accompanying this proposal is G� cr¢ro ani (insert "$ cash" "cashier ' s check" " "certified check or "bidder ' s bond" as the case may be) in an amount equal to at least ten percent (10%) of the total bid. 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: Licenced in accordance with an act providing for the registration of contracts -- License No. c_n LIcJ6T/QU 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: % / 10 Business Address/ 7 /Vs- �777 Telephone As you are required to review each location prior to the submittal of your bid, please identify any existing/anticipated problems associated with each project area. -4- AREAS TO BE MAINTAINED BY THE DISTRICTS TRACT 7673 - . 828 Acres The Ortega Highway right-of-way, exclusive of the street section to the southerly curb, along the northerly boundary of said tract, and the area lying northerly of the curved walls at the intersection of Ortega Highway and Via Cuartel, being a portion of Lots 1 and 79 of said Tract. Lot C of said Tract The westerly two feet, lying northerly of Lot B, of said tract, being a portion of Lots 71 and 72 of said Tract. The slope area along the westerly boundary, lying southerly of Lot B, and westerly of the block wall , being a portion of Lots 44 through 52 inclusive, of said Tract. The slope area along the northerly right-of-way of Calle Arroyo , exclusive of street intersections , lying southerly of the block wall , being a portion of Lots 32 , 43, 44 and 61 of said Tract. TRACT 8485 - . 802 Acres The Ortega Highway right-of-way, exclusive of the street section to the southerly curb, along the northerly boundary of said tract, and the area lying northerly of the curved walls at the intersection of Ortega Highway and Via Errecarte, including that area extending from the intersection of Via Anzar and Via Errecarte to the block wall entrance , being a portion of Lots 1 and 74 of said Tract. The slope area along the northerly right-of-way of Calle Arroyo, including the portion of said right-of-way lying northerly of the 5 foot wide sidewalk, including the northeast side of Via Estenaga extending from the intersection of Via Estenaga and Calle Arroyo to the intersection of Via Estenaga and Via Ordaz , being a portion of Lots 12 through 24 , inclusive, a portion of Lot 54 , of said Tract. The slope area along the westerly right-of-way of Avenida Siega, including the portion of said right-of-way lying westerly of the 5 foot wide sidewalk, being a portion of Lots 10 through 12 , in- clusive, of said Tract . TRACT 9382 - 3 . 868 Acres The Ortega Highway right-of-way, exclusive of the street section to the northerly curb, along the southerly boundary of said tract . The slope area along the northerly right-of-way for Ortega Highway, lying southerly of the block wall, being a portion of Lots 1 through 8 , inclusive of said Tract. The slope area along the easterly right-of-way of Belford Terrace, including the portion of said right-of-way lying easterly of the 5 foot wide sidewalk, bounded on the south by Ortega Highway, and bounded on the north by. Rosedale drive, being a portion of Lot 1 of said Tract. -5- The southerly 10 feet of the 56 foot wide right-of-way of Rosedale Drive, bounded on the west by Belford Terrace, and bounded on the east by a line parallel with and distant 65 feet from the center- line of Belford Terrace. The remanufactured slopes lying within Lots 62 , 63 , and 64 of said tract, excepting therefrom the portion of the remanufactured slope within Lot 62 lying southwesterly of the southwesterly line of the 150 foot wide easement to San Diego Gas and Electric Company, as shown on the map of said Tract. TRACT 9284 - 2 . 350 Acres The remanufactured slopes within Lots 1 , 6 , 7 , 8 , 9 , and 22 of said Tract, and the remanufactured slope along the easterly right-of-way for Paseo Peregrino, lying easterly of the angle point in the center- line of said Paseo Peregrino , being a portion of Lot 16 of said Tract. TRACT 9373 - 4 . 370 Acres All of Lot A of said tract. The 32 foot wide drainage easement , and the adjacent 10 foot wide equestrian easement along the southwesterly boundary of said Tract being a portion of Lots 100 through 102 of said Tract. The remanufactured slopes within Lots 52 through 60 inclusive , and Lots 111 through 118 , includive, of said Tract. The 10 foot wide equestrian easement along the northeasterly boundary of said Tract. TRACT 7654 - 1 . 9 Acres All of Lot A of said Tract 7654 . The 15 foot wide drainage easement within said Tract 7654 , along the northerly boundary of said Tract 7654 . The remanufactured slopes within Lots 47 through 55 , inclusive, and within Lot 58 of said Tract and the slope areas within Lots 33 through 42 , inclusive , and within Lots 45 and 46 . The remanufactured slopes along the southerly boundaries of said Tract lying within Lots 12 through 17 inclusive. The sloping area on the southeast corner of San Juan Creek Road and La Novia Avenue bordered by Lots 1 , 2 , 3 , and 4 of said Tract on the east, La Novia Avenue on the west , San Juan Creek Road on the north and Camino La Ronda on the south. Please submit cost estimates in both of the following ways : A) That each tract will be awarded on an individual low bid basis - possibly six different contracts , and B) The combined cost for all tracts will constitute the basis for contract. -6- A. B. 0 Monthly cost for Tract 7673 : $ 3�so� $ /eQd Annual Cost for Tract 7673 : $ !f 500 $ ff�00 i 0 Monthly Cost for Tract 8485 : $ <f�d � $ Ori Annual Cost for Tract 8485 : $ 41y2e $ -L100, rr u� Monthly Cost for Tract 9382 : $ 7 SDS $ f(Qd 0% / ry Annual Cost for Tract 9382 : S 70 0 0 $ 9p00 *Monthly Cost for Tract 9284 : $ hwd" $ — Annual Cost for Tract 9284 : $ SUgd a' 44Q!'1 Monthly Cost for Tract 9373 : $ DOr-- ✓ $ c� Annual Cost for Tract 9373 : $ Monthly Cost for Tract 7654: $ �1f $ o� a� Annual Cost for Tract 7654 : $ Total Annual Cost: (A) $ _ 43 6 11Q dr (B) $ j "/�0 ' 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 foA the work called out herein. 17�7 013 S�Ignature of Bidder Telephone Number /-)-Y9/ Address Each Tract is to be bid separately, however , award will be made on the cumulative total . *The City has entered into an agreement with the homeowners of Tract 9284 to only provide contractual personnel twice a year to weed this District as follows : U 3 men at $ J /hr . for 8 hours/day for two 5-day periods bi-annually, April 1st and October 1st. G TOTAL $ -3 d J?r Please indicate your charge for this service . 43 3600. � �a15-7- 2�2g0 w Bond #643979P-13 'C INDEMNITY COMPANY of CALIFORNIA 820 NO, PARTON ST. / SANTA ANA, CA. 92701 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Toyo Landscaping Co. as Principal, and INDEMNITY COMPANY of CALIFORNIA, a corporation authorized to transact a general surety business in the State of California,as Surety,are held and firmly bound unto City of San Juan Capistrano (hereinafter called the Obligee) in the full and just sum of Six Thousand and no/100 — — — — — — Dollars, ($ 6 , 000. 00 — — — — ) for the payment whereof in lawful money of the United States,we bind ourselves,our heirs,administrators,executors,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the said PRINCIPAL has submitted the accompanying bid for Maintenance of Landscaping in Tracts 7673, 8485, 9382, 9284, 9373 & 7654 NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall,within such time as may be specified, enter into the contract in writing,and give bond,with surety acceptable to the Obligee for the faithful performance of the said contract,then this obligation shall be void;otherwise to remain in full force and effect. Signed and Sealed this 5th. day of April 19 84 Toyo Landscaping Co. BY: Principal INDEMNITY COMPANY of CALIFORNIA LKkJNhNJ ,y ICC 307(6/79) Susan Attorney-in-Fact Susan M. Scherwerts STATE OF CALIFORNIA COUNTY OF Orange } ss: On this 5th. day of April in the year 1984 before me the undersigned, a Notary Public for the State of California, personally appeared Susan M. SCherWertS , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of INDEMNITY COMPANY of CALIFORNIA, and acknowledged to me that he (she) subscribed the name of INDEMNITY COMPANY of CALIFORNIA �IVrgto,and hi4.(heQ pnn a s orney-in-Fact. 7F"ICI11. SEAL JOAN R1. WYNN Notary Public in and for the County of Orange NMTA / P1W$(r; (.4l_lFI1RNIA tS&-d Pr1� 1, IFnl 614 ( 17 IN , State of CALIFORNIA e,-..tom/ ORrr•E t'ov!:(o Nly CCMMISSICN E'IPtRfS Sf P, 18, 1987_ ICC 304(REV.3/83) 2"� Joan M. Wynn INDEMNITYCOMPANY OF CALIFORNIA Administrative Offices: 820 North Parton Street - SANTA ANA, CALIFORNIA 92701 BID BOND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Indemnity Company of California, does hereby make, constitute and appoint Susan M. Scherwerts Santa Ana, CA its true and lawful Attorneys)-in-Fact,to make,execute,seal and deliver for and on its behalf as surety,any and all bid bonds or undertakings but not to exceed Fifty Thousand Dollars ($50,000)any one bid bond or undertaking if executed before June 30, 1984; and to bind INDEMNITY COMPANY OF CALIFORNIA thereby and all of the acts of Said Aft orney(s)-in Fact, pursuant to these presents, are hereby ratified and confirmed.This Power of Attorney is granted and is signed and sealed by fascimile under and by the authority of the following Resolution adopted by the Board of Directors of INDEMNITY COMPANY OF CALIFORNIA at a meeting duly called and held on the 16th day of August, 1976. "RESOLVED, that the Chairman of the Board, the President, any Vice President of the Company, be, and that each or any >— of them hereby is authorized to execute Powers of Attorney Qualifying the attorney named in the given Power of Attorney to execute in behalf of INDEMNITY COMPANY OF CALIFORNIA, bonds, undertakings and all contracts of suretyship; and that any Secretary or any Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any Z such Power of Attorney, and to attach thereto the seal of the Company, O "FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such 'rt facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with v respect to any bond, undertaking or contract of suretyship to which it is attached." Z In Witness Whereof, INDEMNITY COMPANY OF CALIFORNIA has caused its official seal to be hereunto affixed, and Ythese presents to be signed by its President or by one of Its Vice Presidents and attested by its Secretary or by one of its Q Assistant Secretaries this 16th Day of August, 1976. INDEMNITY COMPANY OF CALIFORNIA ATTEST: / t � By cc Jerome J. Sweeney Secretary J.F. Bowley President O N STATE OF CALIFORNIA I ) zi COUNTY OF ORANGE ) ° M On this 1st day of February 1982, personally came before me,J.F.Bowley,President.and Jerome J. Sweeney, Secretary, to me known to be the individuals and officers of INDEMNITY COMPANY OF CALIFORNIA, who executed the above Q instrument, and they each acknowledge the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the M corporation. and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of Salo corporation. OFFICIAL SEAL CERTIFICATE LL = U� SUSAN M. SCHERWERTS 7-5 PRINCIPAL OFFICE IN LL.aA.fVv ORANGE COUNTY —� MY COMMISSION EXPIRES APRIL 7�IW5 � Notary Public Q Susan M. Scherweris STATE OF CALIFORNIA I I COUNTY OF ORANGE ) I, the undersigned. assistant secretary of INDEMNITY COMPANY OF CALIFORNIA. DO HEREBY CERTIFY that the foregoing and attached Power cf Attorney remains in full force and has not been revoked; and furthermore. that the provisions of the Resolutions of the Execullve Committee of the Board of Directors set forth in the Power of Attorney, are now in force. Signed and sealed in the City Of Santa Ana, California, this 5th. day of April , 19 84 .I QAC James E. Mary Assistant Secretary Ice 2 e Prez This span fOr the Camty Clerk's FglagStamp PROOFOFPUBLICATION (2015.5C.C.P.) ;;F; iNED STATE OF CALIFORNIA County of Orange J W,14 City of San Clemente I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen Proof of Publication of years, and not a party to or interested in the Notice Inviting Bids above-entitled matter. I am the principal clerk of the printer of the San (temente Sun/Post, a Mai ntpnancp of Landscaping ng newspaper of general circulation printed and y as B published daily in the City of San Clemente,County ar Naive is hereat.py.� mar we newspaper Qty or sen Jean eaPtsa+aa wm of Orange, and which ne r has been ad- receive WWW prepush or oioa for a newspaper ur mamteoaooe or m judged wsp per of general circulation by the T"o's rr�a 818° san 201. e<rz aae f unW z:m p.tn m tae M 901. Superior Court of the County of Orange, State of 'A w toftuavace m sabodm+ed u lo:eo a.m.m the era do of April. California under the(late of March 11, lg6o, is", a we cur o1°01f to aNR Case Number A9140; in we of Use a Ya:a� Juan capmtrana. 32400 Paseo that the notice, of which the annexed is a printed AddarAM a 'ayy be out copy (set in type not smaller than nonpareil), has aph* as mare otd$5.00 tchWW o spar ncavm mailed. been published in each regular and entire issue of ON Deted`AAQHM W citcarremx.00v r CityClerlr said newspaper and not in any supplement thereof CitynlsnJu Capm'ane P�idhYi' end inm Cilte�oraoilfya Pw. on the following dates,to-wit: Mar ti aniSee ciemente- e0d A cailhrrda 26 Apr- 2 all in the year 19 8 4 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this 2nd dayof_p,nri 1 19 4. �-1 t 2 Signature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real—P.O.Box 367 San Clemente,Calif.91672—Phone(714)49¢-5121 NOTICE OF TRANSMITTAL LEGAL PUBLICATIONS TO: DAILY SUN-POST Donna Harrison, Legal FOR PUBLICATION ON: MONDAY, MARCH 26 , 1984 and MONDAY, APRIL 2 , 1984 DOCUMENT (S) TO BE PUBLISHED: NOTICE INVITING BIDS - MAINTENANCE OF LANDSCAPING IN TRACTS 7673 , 8485 , 9382 , 9284 , 9373 and 7654 PROOF OF PUBLICATION: Please send to: City Clerk' s Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: L DATE: March 22 , 1984 Date of Bid Opening - 4/6/84 at 2 : 00 p.m. Date (s) notice published - 3/26/84 & 4/2/84 Date affidavit received - Date notice posted in designated posting places (3) - 3/26/84 Date notice (s) posted on property - n/a Date of mailing notices to property owners - n/a NOTICE INVITING BIDS Maintenance of Landscaping in Tracts 7673, 8485, 9382 , 9284 , 9373 and 7654 Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the maintenance of landscaping in Tracts 7673, 8485 , 9382 , 9284 , 9373 and 7654 until 2: 00 P.M. on the 6th day of April, 1984 . A pre-bid conference is scheduled at 10 : 00 A.M. on the 3rd day of April, 1984 , at the City offices to assist contractors. Copies of Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at a non-refundable charge of $5. 00 , plus a charge of $5. 00 for each Specification mailed. Dated: March 22 , 1984 CI Y L R CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA r N 0 T I C E I N V I T I N G B I D S s, 1. Public notice is hereby given that the City Council of the City of SanJuan Capistrano will up to 2 : 00 p.m. on the 6th day of April 1984 , receive sealed proposals or bids for the Maintenance of Landscaping in Tracts 7673 , 8485 , 9382 , 9284 , 9373 and 7654 in accordance with the approved specifications on . file in the office of the City Clerk of the City of San Juan Capistrano, City Hall , 32400 Paseo Adelanto, San Juan Capistrano, California. Bids will be received until the time hereinbefore indicated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications . Each proposal or bid must be accompanied by a certified check, cash, cashier' s check or bidder' s bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. i The bid check, cashier' s check or bidder' s bond of the successful r bidder will be forfeited to said City in the event such successful bidder failed to enter into the required contract within 25 days after the written notice that said contract has been awarded to him for the work. 10 : 00 A pre-bid conference is scheduled at a. m. on the 3rd day of -ADri.l 1984 , at the City�ces. The contractor shall have the opportunity or clarification or interpretation of any point or points of question within the contract documents or specifi- cations. It is the contractor' s responsibility to be in attendance at this conference to receive any information disclosed during . the proceedings , for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference , ? the City shall not be responsible for any instructions , explanations , a. 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, co ies of the prevailing rate of per diem wages , as determined by the Director o the tate Department o Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. -1- Copies of the specifications are on file in the City Clerk ' s Department, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the specifications for use in preparing bids may be obtained at the City Clerk' s Department, San Juan Capistrano , at the address shown above . r One set of specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $5 . 00 , non-refundable , is required for obtaining each set of specifications. Thereowill be a $5 .00 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor' s License number of such bidder so bidding, as no bid will be accepted from a contractor who has not been licensed in accordance with the pro- visions of the laws of the State of California relating to licensing of contractors. This. notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 21st day of March 1984 . i f - MARY OVER, CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA The successful bidder, simultaneously with the execution of the contract, will be required to furnish a faithful performance bond equal in amount to one hundred percent (100%) of the contract price and a labor and materials bond equal in amount to one hundred percent (100%) of the contract price. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said- City will best serve the interests or needs of said City. -2- 0 2 . CONTRACTURAL SERVICES - LANDSCAPE MAINTENANCE DISTRICTS �// (38-#417) 4'38) Written Communications : (74) Report dated March 20 , 1984 , from the Director of Public Works , advising that on March 6th Council directed that the Landscape District Committee review the bids received for the landscape maintenance districts. The report advises that the Committee was concerned about the high increase of the new bids and the lack of bidders. The Director of Public Works noted that the bids were substantially higher than expected and recommended the project be readvertised. The City Manager noted that the specifications would be reworked. Rejection of Bids/Readvertise: It was , vg By Councilman Friess , seconded by Councilman Buchheim and unanimously carried to reject all bids submitted and authorize readvertising for bids for the Landscape Maintenance Districts. a/a%� AGENDA ITEM March 20 , 1984 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Contract for Contractual Services , Landscape Maintenance Districts SITUATION On February 16th the bids for the Landscape Maintenance of designated districts were received. The results were as follows: California Landscape Maintenance, Inc. $53 , 129 . 52 Landscape West $59 , 640. 00 At the Council meeting of March 6th, Council directed Staff to contact District Committee members for their input. A meeting was held and a discussion regarding these new proposals took place. There was an expressed concern due to the high increase of the new bid and the lack of bidders. To generate additional interest and try to reduce operating costs , Staff would recom- ment a rejection of these bids and the authorization to readver- tise this contract. FINANCIAL CONSIDERATIONS Last Year' s budget for this work was $34 ,208 . The City' s engineering estimate was $43 ,000 which was a 25% increase over last year ' s. The low bid came in at $53 ,000 which is an additional 25% increase over the engineer' s estimate or a total of 50% higher than the previous year. If Council chooses to reject the bids and readvertise, an agree- ment with the current contractor to provide service on a month- to-month basis would need to be made as this contract is complete on March 31st. ALTERNATE ACTIONS 1 . Reject the bids as submitted and authorize the readvertising for bids for the Landscape Maintenance Districts. 2. Accept the bids and award the contract to the lowest bidder. 3 . Refer to Staff for additional information. RECOMMENDATION: By motion, reject the bids as submitted and authorize the re- advertising for bids for the Landscape Maintenance District. Respectfully submitted, W h W. D. Murphy WDM:CSF/ol FOR CITY GQIiWCIL AGENLk1 0 0 AGENDA ITEM March 20 , 1984 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Contractual Services , Landscape Maintenance Districts This agenda item was not ready in time for packet duplication. It will be forwarded to the Council prior to the Council meeting. � )ic% WDM/rem FOR GITY COUNCIL AGENDA .. SUPPLEMENT TO AGENDA ITEM I-1 March 6, 1984 TO: Honorable Mayor and City Council FROM: Stephen B. Julian, City Manager SUBJECT: Contractual Services, Landscape Maintenance Districts SITUATION: Last year the City Council directed the formation of a Landscape Maintenance District Committee to work with the City in reviewing the cost, performance, and desired service levels in the numerous landscape maintenance districts throughout the City. The City staff has met with this committee during the year and the committee' s input was sought in preparing the specifications for bid. While the bids have been received, the committee has not had the opportunity to review these bids, as directed by the Council , nor has it had the opportunity to formulate an appropriate recommendation to the City Council based on their review. It is appropriate, and in keeping with Council direction, that this item be withdrawn from the agenda at this time. Once the committee has reviewed this matter, it will be rescheduled for Council consideration. Members of the committee have been contacted concerning this item. ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- RECOMMENDATION: Withdraw this item and direct staff to re-agendize it following a review by the Landscape Maintenance District Committee. Respectfully submitted, Stephen B. Julian SBJ:cj 0 0 BIDS, CONTRACTS, AGREEMENTS 1 . CONTRACTUAL SERVICES FOR LANDSCAPE MAINTENANCE DISTRICTS (38-#417 /38) This item was withdrawn from consideration and will be (74) rescheduled following review by the Landscape Maintenance District Committee. 0 AGENDA ITEM March 6 , 1984 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Contract for Contractual Services, Landscape Maintenance Districts SITUATION on February 16th the bids for the landscape maintenance of designated districts were received. The results were as follows: California Landscape Maintenance, Inc. $53 ,129 . 52 Landscape West $59 ,640. 00 As California Landscape is the current City contractor for this work, staff is familiar with their operation and find it satisfactory. By the response of the committee and the input that City staff has received toward this contractor, it appears that an adequate job is being performed. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable FINANCIAL CONSIDERATION This new bid is overall 55% higher than the current contract costs. The individual tract comparisons are noted below. Tract 1983-84 1984-85 Percentage Increase 7673 $5 , 422. 92 $6 ,561. 72 20% 8485 $5 ,530 . 92 $6 ,692 . 40 21% 9382 $5 , 362. 92 $12 ,211. 80 128% 9373 $7 , 965. 84 $12 ,211. 80 53% 7654 $7 , 725. 84 $12 ,211. 80 58% 9284 $2 , 200 . 00 $ 3, 240. 00 47% These costs are initially borne by the City and assessed the property owners of each district on their property tax rolls. This is not however, the entire expenditure for providing this service. It is only the contractor ' s charge. This expense should be assessed the 011-4440-213 fund. FOR CITY COUNCIL AGENDA I Landscape Maintenance Districts -2- March 6 , 1984 ALTERNATE ACTIONS 1. Accept the bids as submitted and award the contract for the landscape maintenance of the designated districts to California Landscape Maintenance, Inc. in the amount of $53 ,129 . 52 annually. 2. Do not accept the bids as submitted. 3 . Refer to staff for additional information. RECOMMENDATION By motion, accept the bids as submitted and award the contract for the landscape maintenance of the designated districts to California Landscape Maintenance, Inc. in the amount of $53,129 . 52 annually; authorize the Mayor and City Clerk to execute the contract on behalf of the City. Respectfully submitted, 1 J. �). W. D. Murphy WDM:CSF/rem SThis safor the C untyClerk'sF ingStamp PROOF OF PUBLICATION (2015.5 C.C.P.) ,7 M s.: �aVEA F B ) 77 STATE OF CALIFORNIA (� uF I County of Orange c City of San Clemente I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the SJC Bids above-entitled matter. I am the principal clerk of the printer of the San Clemente Sun/Post, a newspaper of general circulation printed and no7t=a+vermasma published daily in the City of San Clemente, CountyUK 7 notimis of Oran smica■ab Orange, and which newspaper has been ad- a °"W7 WE noehe Now ar�Ybb f�or Me 10 judged a newspaper of general circulation by the $ SWVW1,1S7J WA 70H mi®2:07 P.Y.m On M dIW Superior Court of the County of Orange, State of aFi°""`Y'W' A cee7sm r.rlrb N at :40 AX ON ShOf California under the date of March 11, 1960, # am�oes to Case Number A9140; �of ft COYci:c w s e that the notice, of which the annexed is a printedCRPb&m% c,WKvW and�f Of$m pabLdned Y�a copy (set in type not smaller than nonpareil), has OMMIANI&INWaaN lam Air«b speeor� been published in each regular and entire issue of �1 K (R)Ypy,Am said newspaper and not in any supplement thereof �atsWJM on the following dates,to-wit: Jan. 25 °MPWS .i ,�orb S M0,k am OlemeML claromN—JM 76 aoslhh.l,YM. and Feb. 1 allin the year 19 84 . I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this 1st dayof February 19 84 Signature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real—P.O.Bots 307 San Clemente,Calif.92672—Phone(714)492-5121 0 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: DAILY SUN-POST Donna Harrison, Legal FOR PUBLICATION ON: WEDNESDAY, JANUARY 25 , 1984 and WEDNESDAY, FEBRUARY 1 , 1984 DOCUMENT (S) TO BE PUBLISHED: NOTICE INVITING BIDS - MAINTENANCE OF LANDSCAPING IN TRACTS 7673 , 8485 , 9382 , 9284 , 9373 and 7654 PROOF OF PUBLICATION: Please send to: City Clerk' s Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: DATE: January 19 , 1984 Date of Bid Opening - 2/16/84 at 2 : 00 p.m. Date (s) notice published - 1/25/84 & 2/1/84 Date affidavit received - Date notice posted in designated posting places (3) - 1/25/84 Date notice (s) posted on property - n/a Date of mailing notices to property owners - n/a NOTICE INVITING BIDS Maintenance of Landscaping in Tracts 7673 , 8485 , 9382 , 9284 , 9373 and 7654 Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the maintenance of landscaping in Tracts 7673 , 8485 , 9382 , 9284 , 9373 and 7654 until 2: 00 P.M. on the 16th day of February, 1984 . A pre-bid conference is scheduled at 10: 00 A.M. on the 8th day of February, 1984 , at the City offices to assist contractors. Copies of Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at a non-refundable charge of $5. 00 , plus a charge of $5 . 00 for each Specification mailed. Dated: January 19 , 1984 CITY CLER CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA N O T I C E I N V I T I N G B I D S Public notice is hereby given that the City Council of the City of San Juan Capistrano will up to 2 : 00 p.m. on the 16th day of February 1984 , receive sealed proposals or bids o—r -the Maintenance of Landscaping in Tracts 7673, 8485 , 9382 , 9284 , 9373 and 7654 in accordance with the approved specifications on . file in the office of the City Clerk of the City of San Juan Capistrano, City Hall , 32400 Paseo Adelanto, San Juan Capistrano, California. Bids will be received until the time hereinbefore indicated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accompanied by a certified check, cash, cashier' s check or bidder' s bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier' s check or bidder' s bond of the successful bidder will be forfeited to said City in the event such successful bidder failed to enter into the required contract within 25 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10 : 00 a. m. on the 8th day of February 1984 , at the City�O f�ices. The contractor sE 17ave the opportunity or clarification or interpretation of any point or points of question within the contract documents or specifi- cations . It is the contractor' s responsibility to be in attendance at this conference to receive any information disclosed during the proceedings , for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible .for any instructions , explanations , or interpretation of the specifications and contract documents presented to the bidders in any manner. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, cries of the prevailing rate of per,diem wages , as determined by t ►e Director o t e 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. Copies of the specifications are on file in the City Clerk ' s Department, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the specifications for use in preparing bids may be obtained at the City Clerk' s Department, San Juan Capistrano , at the address shown above. One set of specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $5. 00 , non-refundable, is required for obtaining each set of specifications. There will be a $5 .00 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor' s License number of such bidder so bidding, as no bid will be accepted from a contractor who has not been licensed in accordance with the pro- visions of the laws of the State of California relating to licensing of contractors. This. notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 18th day of January 1984 . MARY ANfj/HANOVER, CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA The successful bidder, simultaneously with the execution of the contract, will be required to furnish a faithful performance bond equal in amount to one hundred percent (1008) of the contract price and a labor and. materials bond equal in amount to one hundred percent (100%) of the contract price. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said. City will best serve the interests or needs of said City. -2- 4 . APPROVAL OF PLANS AND SPECIFICATIONS - CITY LANDSCAPE MAINTENANCE (38-#415/416/417) x.('38) Written Communications: (74) Report dated January 17, 1984 , from the Director of Public Works , requesting approval of specifications for the maintenance of City parks, parkways, and Landscape Maintenance Districts . New additions to the program include the library, fire station, Sunhollow right-of-way, and Rancho Viejo Road area. Approval of Specifications/Call for Bids It was moved by Councilman Sc wartze , seconded by Councilman Hausdorfer and unanimously carried to approve the specifications for City landscape maintenance and to authorize staff to call for bids. 0 0 AGENDA ITEM January 17 , 1984 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Specifications and Authorization to Call For Bids - City Landscape Maintenance SITUATION The specifications for City landscaping maintenance includes City parks and parkways and the Landscape Maintenance Districts. Although both items are bid separately the general provisions of the landscape maintenance are similar and applicable to any program. All City parks, including the Fire Station (Recreation Dept. ) and the library, the majority of City parkways and all but the Seaview Tract of the Landscape Maintenance Districts will be bid at this time. The contract will run from April 1, 1984 through March 31 , 1985 . Specifications are available in the Public Works Department for review. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable FINANCIAL CONSIDERATIONS The cost for providing this service has been partially budgeted for in this current budget and will be continued to the next fiscal year appropriations. Using contractual labor for this program has reduced the City' s maintenance personnel costs. Last year ' s contracts totalled approximately $155 , 000 , however, with the addition of the library, fire station, Sunhollow right-of-way and Rancho Viejo Road these charges will escalate. ALTERNATE ACTIONS 1. Approve the specifications for City landscape maintenance. 2 . Do not approve this program. 3. Refer to staff for additional information. RECOMMENDATION By motion, approve the specifications for City landscape maintenance and authorize staff to call for bids. Respectfully submitted, W. D. Murphy L WDM:CSF/rem - •.. ,,... ,. - . _ /7 BID OP ING - I 2 : 00 RM . Q1 LAILM (PAOJEC TITLE) BIDDER AMOUNT BID California Landscape Maintenance Inc . Landscape West Uo cc : City Clerk' s Staff (3) Public Works (3) Citv Mana k.r (1) STATE QF CALIFORNIA GEOR6E DEUKMEJIAN, Gov , , DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF LABOR STATISTICS AND RESEARCH C 515 GOLDEN GATE AVENUE � SAN FRANCISCO ^ I L n 3 T AOORLSS REPLY TO: 1/ J P.O. SOX 603 SAN FRANCISCO. CA 0.1101 February 1 , 984 _ '.s. Cynthia S. Ferguson %..2'i Senior Administrative Assistant + .A : `� 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Public Official: As requested, we have enclosed the current prevailing wage determination for _ Landscape Maintenance Laborer in your area. This determination will be effec- tive until December 31, 1984 or until superseded by the Director. It may be used for your future projects until that time, and there is no need to request new determinations for this type of work until then. However, for other classifications, we will continue to issue special deter- minations on a project by project basis. Please request special prevailing wage determinations 30-45 days prior to the date you wish to begin advertising for bids. Include in your request the pro- ject name or bid number, the classifications needed, the bid advertisement date and the location of the project(s) . If we can be of further assistance, please contact the Prevailing Wage Unit at P. 0. Box 603, San Francisco, California 94101, (415)557-0561 . Jcerely,wn E. Poers istant Chief Enc. PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 Determination: LM-ORA-83-1 Issue date: November 1, 1983 Craft: Landscape Maintenance Laborer Expiration date of determination: December 31, 1984 or until superseded by a new determination issued by the Director. Contact the Division of Labor Statistics and Research for the new rates after 10 days from the expiration date, if no subsequent determination is issued. Locality: Orange County Wage rate Basic straight-time Classification hourly rate Landscape Maintenance Laborers $4.00 aApplies only to landscape maintenance, including but not limited to mowing, watering, pruning, trimming, weeding, spraying, occasional planting and replacement of plants, servicing of irrigation and sprinkler systems, repairing of equipment used in such landscape maintenance, and performing janitorial work incidental to such landscape maintenance. This does not apply to the work of a landscape laborer employed on landscape construction (work incidental to construction or post-construction maintenance during the plant installation and establishment period). Employer payments: (Labor Code Section 1773.1) Vacation: One week after one year of service or 80 per hour; two weeks after two years or 150 per hour. Overtime: Pursuant to Section 1815 of the Labor Code, "work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compen- sation for all hours worked in excess of 8 hours per day at not less than 1112 times the basic rate of pay." PLANS AND SPECIFICATIONS PROJECT TITLE Lldm,4,sey6J�.,� PROJECT ENGINEER U ( NAME) EXT PRE BID DATE/TIME --V:Qbq-eAqp--,. R � � `� IC) DO Cv BID OPENING DATE/ TIME CAA 0Yr4 � �, lc� 00pan ENGINEER ' S ESTIMATE ono Com. nml, � II•✓ PURCHASE COST eU MAIL COST � �� NAME ADDRESS PHONE N0w 9zaL 7S PLANS AND SPECIFICATIONS _ -- •n�-- PROJECT TITLE PROJECT ENGINEER NAME EX PRE BID DATE/TIMEF.QL BID OPENING DATE/ TIME L — M ENGINEER ' S ESTIMATE ql3p 006 PURCHASE COST MAIL COST ®D NAME ADDRESS PHONE N0 . S. C. Y V- , � e - mutt. c. aGl�ts G. 01670/ �/ Cf�c o� FSQ- y/o5� ) �, 7�D Sc.,o , - �Z /t�Lwl1�/ac� 775 - 77W � Z 7 J,o& a w-)IJ4.Ca"o4ae� PO AS ey, 4, 79a-17,1,y d 7�� a�+.e re �, Redl��'a. L'/�• 9a3-7 ell a 31 -3 3(o o E!�L- -Torlo 9a63d CITY OF SAN JUAN CAPISTRANO ' ORANGE COUNTY _ STATE OF CALIFORNIA 1 ' SPECIFICATIONS & CONTRACT DOCUMENTS FOR THE MAINTENANCE OF LANDSCAPING IN ' TRACTS 7673, 8485 , 9382 , 9284 , 9373 , and 7654 1 1 1 1 1 1 1 ' CITY COUNCIL ANTHONY L. BLAND, MAYOR ' KENNETH E. FRIESS GARY L. HAUSDORFER LAWRENCE F. BUCHHEIM PHILLIP R. SCHWARTZE S . B. JULIAN CITY MANAGER W. D. MURPHY DIRECTOR OF PUBLIC WORKS ' JANUARY , 1984 0 1 ' TABLE OF CONTENTS 1 CONTRACT DOCUMENTS ' NOTICE INVITING BIDS---------------------------- 1 BID PROPOSAL------------------------------------ 3 NON-COLLUSION AFFIDAVIT------------------------- 8 INSTRUCTION TO BIDDERS-------------------------- 9 AGREEMENT--------------------------------------- 12 ' BID BOND---------------------------------------- 17 ' FAITHFUL PERFORMANCE BOND----------------------- 18 LABOR AND MATERIAL BOND------------------------- 19 ' GENERAL PROVISIONS------------------------------ 20 1 ' 0 0 N O T I C E I N V I T I N G B I D S ' Public notice is hereby given that the City Council of the ' City of San Juan Capistrano will up to 2 : 00 p.m. on the 6th day of 'April 1984 , receive sealed proposals or bids for the Maintenance of Landscaping in Tracts 7673 , 8485 , 9382 , ' 9284 , 9373 and 7654 in accordance with the approved specifications on . file in the office of the City Clerk of the City of San Juan Capistrano, City Hall , 32400 Paseo Adelanto, San Juan Capistrano, California. Bids will be received until the time hereinbefore indicated at the San Juan ' Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. ' No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accompanied by a certified check, cash, cashier' s check or bidder' s bond payable ' to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier' s check or bidder' s bond of the successful ' bidder will be forfeited to said City in the event such successful bidder failed to enter into the required contract within 25 days after the written notice that said contract has been awarded to him for the ' work. A pre-bid conference is scheduled at 10: 00 a. m. on the ' 323 day of Fwril 1984 , at" the Cityy Ofd Fes. The contractor ss a�9ave the opportunity For clarification or interpretation of any point or points of question within the contract documents or specifi- cations . It is the contractor' s responsibility to be in attendance at this conference to receive any information disclosed during .the proceedings, for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference , ' the City shall not be responsible for any instructions , explanations , or interpretation of the specifications and contract documents presented to the bidders in any manner. ' BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailin rate of er diem w ages as determined by t e Director o the Stste Department of I strial Relations , are on file in the office of the City Clerk and shall be made available to any interested party on request. -1- Copies of the specifications are on file in the City Clerk ' s ' Department, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the specifications for use in preparing bids may be obtained at the City Clerk ' s Department, San Juan Capistrano, at the address shown above. One set of specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $5. 00 , non-refundable , is required for obtaining each set of ' specifications. There.Iwill be a $5 .00 charge for postage and handling on all plans and specifications mailed. ' Each bidder shall state the California Contractor' s License number of such bidder so bidding, as no bid will be accepted from a contractor who has not been licensed in accordance with the pro- visions of the laws of the State of California relating to licensing of contractors. This. notice is hereby given and published by order of the City ' Council of the City of San Juan Capistrano, and is dated this 21st day of March 1984 . MARY OVER, CITY CLERK CITY OF SAN JUAN CAPISTRANO ' ORANGE COUNTY, CALIFORNIA ' The successful bidder, simultaneously with the execution of the contract, will be required to furnish a faithful performance bond ' equal in amount to one hundred percent (100%) of the contract price and a labor and materials bond equal in amount to one hundred percent (1008) of the contract price. ' The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said. 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I:.?i)V�111�.• I��;'--/ '.�� i:.^��.'�� V( . : l� j�v `.� _�. •!ft • t 1 N .I � �r� �• It• i• ;�..j..�;�� ✓•: �•—'i •=�- --i r'..�:�'.� •l/_•.' .,_:�.--..—rte } •-�1! 1 ' 1� � � I ''•'111:t� J�1Jm• • . w I � .r.._. .. -��:JT .�....._ __ Vii i sd NNW mod Wii EMI•r j�� 1 ' 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, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof , or the contents thereof, or divulged information or data relative thereto , or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, .or to any member or agent thereof , or to any other ' individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. 1 By Subscribed and sworn to before me this day of , 19_ ' Notary Public in and for said County and State ' -8 ' •STRUCTIONS TO BIDDERS • ' Securing Documents ' Specification documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids. " ' Examination of Specifications and Site of 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 specific- ations; 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 herein- above. 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 less than ten (10) 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 b� such cashier's check, certified check or approved bond shall be rejected. -9- ' A G R E E M E N T LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF TRACTS 7673 , 8485 , 9382 , 9284 , 9373 and 7654 ' THIS AGREEMENT is made and entered into this day of , 19 , between the City of San Juan Capistrano , t hereinafter referred to as "CITY" and , hereinafter referred to as "CONTRACTOR" for landscape maintenance of specified portions of Various Parkways , Parks , & City Facilities . 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 day of , 19 , and shall remain and continue in ' effect for a period of twelve ( 12) months thereafter subject to extension or termination as described in Section 13 or Section 14 . SECTION 2. MAINTENANCE: Maintenance shall include but not ' be limited to slopes , parkways and other specified areas in above referenced tracts. CONTRACTOR may be required to perform extra work as deemed necessary by the Director of Public Works. ' SECTION 3 . MEASUREMENT AND PAYMENT: CONTRACTOR shall agree to provide all necessary labor, machinery, tools , equipment and all other utility and transportation services required to per- form the landscape maintenance in the manner specified herein for the following consideration: ' SPECIFIED AREAS IN TRACTS 7673 , 8485 , 9382 , 9284 , 9373 and 7654 ' TOTAL MONTHLY COSTS $ TOTAL ANNUAL COSTS $ ' Payment for any extra work directed by CITY shall be the actual cost of labor plus wholesale cost of material plus 20 percent. ' Monthly payments to CONTRACTOR will be made on the regular day for payment of City bills by the City Treasurer . CONTRACTOR ' shall submit detailed invoices with back-up vouchers for all charges other than monthly costs for item above. At the sole discretion of the Director of Public Works , ' additions or deletions may be made to this agreement which may result in an increase or decrease in the areas and acreage to be maintained. Such changes will be submitted to CONTRACTOR in writing and shall be ' identified as addendums to this agreement. The affected areas will be classified, measured, and priced in accordance with the unit costs specified above. ' -12= 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, forms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applic- able 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 t 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. 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 Peformance 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 amount payable by the terms of the contract and a ' Faithful Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract. Said bonds shall be secured from a surety company -10- 1 0 ' satisfactory to the City. Surety companies, to be acceptable to the City, must be authorized to do business in the State of California and be on the accredited ' list of the United States Treasury. Time of Performance The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently prosecuted for a period of twelve (12) months. ' 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 consented 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 not be less than prevailing wage rates determined by the CITY pursuant to said Code and as listed in the "NOTICE INVITING BIDS." t 1 1 -11- GENERAL PROVISIONS A. Turf Grass ' 1 . All lawn areas are to be mowed weekly, or as needed to main- tain 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 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 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 tract ' 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 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 RZ) shall be ' applied to all bluegrass turf at the preventive rate beginning April 1 each year. Additional applications shall be made at the curative rate as necessary throughout the year. ' B. Slope Care 1 . Ground cover (grass , herbaceous plants) ' -20- ' a. Irrigate as required to maintain a reasonable appearance. b. Fertilization: 1) Iceplant areas shall be fertilized when recommended by the Director of Public Works or his authorized representative with the rate of each application to be one pound of actual nitrogen per 1 , 000 square feet using a 16-16-16 formula material . ' 2) Grass areas (Alta Fescue, etc. ) shall be fertilized every 120 days with the rate of each application to be one pound of actual nitrogen per 1 ,000 square feet ' using a 16-16-16 formula material . C. Control pests , including rodents and snails, as needed. ' d. Maintain slopes weed-free. Periodic hand weeding over entire area will be required. ' e. Maintain a maximum allowable height of 24" on slope areas . The seed stems and heads shall be removed from the grass (Alta Fescue, etc. ) before they go off color each year. ' f. Trim and edge to maintain sidewalks and curbs free of plant growth. C. Shrub and Ground Cover Care 1. Prune to maintain reasonable size and appearance. ' 2 . Annually thin out, shape and head back all shrubs . ' 3. Control pests and diseases as needed. 4 . A broad spectrum preemergent weed control , such as Treflan, shall be applied to shrub beds and ground cover beds in April ' and September of each year. Additional weed control shall be initiated as necessary to maintain a weed-free condition. ' 5 . Ground cover areas should be fertilized every ninety (90) days with the rate of each application to be one pound of actual nitrogen per 1 , 000 square feet using 16-16-16 formula material . 6 . Trim and edge as necessary to restrict growth from encroaching on sidewalk or other adjacent areas. ' 7 . Irrigate as required to maintain adequate growth rate and reasonable appearance. ' 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 a suitable type to provide the maximum amount of color (bloom) during the time they are in the bed areas. All of the applicable maint- enance programs covered in this section shall apply to these ' annual bedding plant areas as well. -21- ' 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 nf breaking. 5 . Stake and support trees when necessary. 6 . Stakes and ties will be placed so no chafing of bark occurs . Remove as soon as no longer needed. 7. All guys and ties shall be checked frequently to avoid girdling. 8 . Applications of an iron chelate fertilizer shall be used as needed throughout the year, where necessary to maintain healthy, vigorous growth and good foliage color. 9. Irrigate as required to maintain adequate growth rate appearance. 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. ' S. Repair or replacement of equipment damaged as a result of CONTRACTOR' s negligence shall be replaced at the CONTRACTOR' s expense as will the cost for any water loss during this time. 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. ' -22- ' 9 . Irrigation by water truck will be accomplished during day- light hours and no less than bi-monthly, or as directed. ' 10 . A minimum 500 gallon capacity tank is required. 11 . CONTRACTOR is required to be present during watering and/or inspect the irrigation system daily to assure that there are no problems with the system. 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 feet in height or a roadway at less than 14 feet in height. ' 2 . All operations will be conducted so as to provide maximum safety for the public. ' 3 . Where CONTRACT work may create potential or known hazards on streets or roads and to persons traversing them, CONTRACTOR shall obtain at his own expense and place whatever signs , lights , barricades , cones or other safety devices are necessary to prevent accidents , injuries or damages , consistent with the Orange County Manual of Warning Signs , Lights and Devices and with all other applicable ordinances 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. -23- 1 1 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 accord- ance 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 telephone 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 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 t 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. -24- 18 . CONTRACTOR shall submit a work schedule identifying the ' number of persons working in the area and the anticipated hours of work for each week. 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 a percentage of materials. ' 5 . The Director of Public Works, or his authorized representative , is authorized to approve extra work up to 25 percent (258) 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. K. Statement of Experience ' All applicants are required to submit a statement of experience on related projects . This should include : availability of experienced labor; available equipment , and qualifications of ' your designated project manager/supervisor. L. Spraying ' All contractors are required to show verification of a current herbicidal spraying permit issued by the Department of Agriculture. ' M. City Inspection Contractor or responsible representative may be expected to inspect all locations once each month accompanied by a represent- ative from the CITY. At that time inadequacies/areas of improve- ments will be determined prior to release of payment for that month. If the contractor fails to provide services as per specifications noted in the inspection, the CITY shall have the right to withhold payment or that portion of payment as deter- mined as appropriate by the CITY to correct the problem and until the situation is rectified. ' -25- 1 N. Daily Reporting Contractor shall make daily contact with City Supervisor to determine work level and effort as well as maintenance ' performance. 0. Inclimate Weather ' Contractor shall be responsible for the checking of landscape maintenance areas and for the removal and disposal of broken branches , fallen trees and erosion control. P. Library Facilities ' Fountain and reflecting pool is to be maintained and kept clean and free of debris and leaves. Area drains are to be checked and cleaned as needed. 1 -26- t)e * Certificate of Insurance The Nationwide Mutual Insurance Company or the Nationwide Mutual Fire Insurance Company certifies that the insurance afforded by the policy or policies numbered and described below is in force as of the effective date of this certificate and that this Certificate of Insurance does not amen(l, extend or otherwise alter the terms and conditions of insurance coverage contained in any policy or policies numbered and described below. Certificate Holder's Name and Address F- City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 L J DESCRIPTIVE SCHEDULE 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 POLICY POLICY LIMITS OF LIABILITY IN THOUSANDS(000) EFFECTIVE EXPIRATION EACH TYPE OF INSURANCE POLICY NUMBER DATE DATE OCURRENCE AGGREGATE GENERAL LIABILITY I) Comprehensive Form 73 SM 004 137 2 5-10-85 5-10-86 Bodily Injury $ $ )0 Premises—Operations 1 = Property Damage $ $ T,3 Explosion and Collapse Hazard )p Underground Hazard X XI Products/Completed Operations � � � Bodily Injury and Hazard ®� 4h Property Damage $ 500, $ 500, Contractual InsurancesQ2 04 Combined KI Broad Form Property Damage JPIndependent Contractors L r�C' \Jpa EpQ JP Personal Injury gps ° 3 Personal Injury $ 500, JP Broad Form Comprehensive G.L. Endorsement p AUTOMOBILE LIABILITY Bodily Injury @ Comprehensive Form 73 BA 004 137 0001 5-10-85 5-10-86 (Each Person) $ jP Owned Bodily Injury Ip Hired (Each Accidenq $ PP Nor0limed Property Damage $ Bodily Injury and Property Damage $ 500, Combined EXCESS LIABILITY Bodily Injury and 10 Umbrella Form 73 CU 004 137 0003 5-10-85 5-10-86 Property Damage $1 ,000, $ 1 ,000, Combined WORKERS' COMPENSATION Statutory AND EMPLOYERS' LIABILITY Bodily Injury $ Policy Limit OTHER Additional Information Description of Work.... .ALL.OPERATIONS. . ............ . ... .. .. . .. . .. ....... ........ ......... . . ....... . .. .... Location of Work ..... ..ALL.LOCATIONS..... ....... ... Insurance in face only for hazards indicated by x 'should my of the above described policies be cancelled before the expiration date thereon,the tnSurance congany will endeavor to mail 10 days written notice to de above named certificate Homer,but failure to mail such notice shall impose no obligation or liability of any kind upon the Company." This certificate is executed by Nationwide Mutual Insurance Company a said comparry has issued Date Certificate Issued 5/13/85 IN policy to which this cermicate is attached;it is executed by Nationwide Mutual Fire Insurance company a said comparxy has issued the policy to which this certificate is attached NATIONWIDE MUTUAL INSURANCE COMPANY insureds Name and Address NATIONWIDE MUTUAL FIRE INSURANCE COMPANY rColumbus, Ohio T0Y0 LANDSCAPING COMPANY � 12891 Nelson Street Garden Grove, CA 92642 s� Coumersigned at: AuthonzAl ativ y/ L J SANTA ANA CA FON 1 x 129 714 43 013 1. David OC ;UF DA;F (M VDD 8_/01/84_ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INS RMATION DNLY AND CONIFERS NO RIGHTS UPON 'HE CERTIFICATI HOLDER.THIS I ERTIFICAI E DOES NOT AMEND, Holbert Insurance I EXTEND OR ALTEI I THE COVERAG i AFFORDED BY IHE POLICIES BELOW. 168 Ave Del Mar - - San Clemente, CA 92672 0 ( O COI APANIES AFFORDING COVERAGE CC MINI A — ----- 111 Industrial Indemnity PAN INSURED - R CCMPANV _ Toyo Landscape Company LE 7ER C 12891 Nelson Street CC MPANv p Garden Grove, CA 92642-2367 LETER CC MPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDT0 T HE INSURED HAI IED ABOVE FOR -HE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREME N t,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT M LTH RESPECT TC WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSIIRANCE AFFORDED BY THE POLK IES DESCRIBED HE REIN IS SUBJEC TO ALL THE TE MES,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. COPO ICY EFFECTIVE PO V1'EXRMTI N I LABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DA E LMM DwM DA E(FANCO'YYI EACH GCCURRE AGGREGATE GENERAL LIABILITY Sa ILY COMPREHENSIVE FORM INTI RY $ $ PREMISES/OPERATNINS UNDERGROUND PRC-E $ $ EXPLOSION&COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL COK BBIINED $ $ INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY P.:LRSONAL INJURY $ AUTOMOBILE LIABILITY EOGI' $ ANY AUTO WE PER ERRN ALL OWNED AUTOS(PRN. PASS.) BOM N RIA ALL OWNED AUTOS OTHER THAPRN. PASSMM,X✓<GI11 HIRED AUTOS PFCIERTY NON-OWNED AUTOS DAN WE $ GARAGE LIABILITY BI a PD COMBINED $ EXCESS LIABILITY UMBRELLA FORMBIS $' $ OTHER THAN UMBRELLA FORM $"fATUTORY WORKERS' COMPENSATION A AND CJ 857-6271 8/1/84 8/1/85 $ EACHAccIDENn EMPLOYERS'LIABILITY (DISEASE-POLICY LIMIT) i, $ 10 0 (DISEASE-EACH EMPLOYEE) COM OTHER DESCRIPTION OF OPERATIONS/LOCATIONENEHICLES/SPECIAL ITEMS .y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 13E CANCELLED BEFORE THE EX- itt O f $d n Juan C a i s t r a n o MPIRA DATE THEREOF, THE ISSUING COMPANY WILL RrlP "JJ XIV y p AIL DAYS WRITTEN NOTI E TO THE CERTIFICATE HOLDER NAMED TO THE 32400 Paseo A d e l a n t o wxjMIMW San Juan Capistrano , CA 92675 VR AIfQ7lq IR RWNXgpFM39N flit R9€ilTAS)PR 14Pi!§liVff1XTJFFtSA AUTHORIZED RE SENTATIVE yuck,�—i-7 Itj Ivirl ��I�• �zl i� � 1. 11 i ' ��I11111111111 I. .! .III Ii ut '• I�' ISI 'Ii 1 II . •. . •. . NAME AND ,DDRES'3 OF AGENCY ( OIYIP . f !' AFFORDING COVERAGES HOLBERT INSURANCE , INC .: F1, C1. .Yr ,, 168 DEL MAR JN_V4 I! SAN CLEMENTE , CA . 9267 T `jtl.kl'�- . I_NDUSTRIAL INDEMNITY LT li NAME AND /DDRESS ]F INSURED Toyo Landscape Company S 'd , � 12891 Nelson StreetUl Garden Grove , Ca . 92642-2367 Cell L T'lliltNt This is to certify that policies of insurance listed below have beer issued to the in:ul I do a T d bn;e a,( :I'-i Ill at this time. Notwithstanding any requirement,termor condition of any contract or ocher document with respect to which this c�rtificate may be e,.uel C Try IAati,in I I •;urance afforded by the polities escnbed herein is subject to all the terms,excursions and conditions of such policies. -- _-- ------ --- - - -- - Limits ofLability in Thousan s CO�PENRY iVIEOFINSURANCE Y-LICYNUMdIR I ,P ; 111 4Y EACH OCCURRENCE AGGREGATE GENERAL LIABILITY -- - --- - - ��,�77 / BODILY INJURY E E A COMPREHENSIVE FORM BC 884- 1157 5- 7-35 W PREM-iES-OPERATIONS PROPERTY DAMAGE E $ E%PL(3ION AND COLLAPSE HAIfRD UyJ UNDLF GROUND HAZARD FROM CTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND CON71 ACTUAL INSURANCE PROPERTYDAMAGE 6500 s 500 p FROM FORM PROPERTY COMBINED DAMAGE INDEP,NDENT CONTRACTORS bi PERSONAL INJURY PERSONAL INJURY I E 500 AUTOMOBILE LIABILITY BODILY INJURY ��,�11 OO (EACH PERSON) E A 17J COMPREHENSIVE FORM BC 004-1157 15-7-85 BODILY INJURY $ ® OWNE') (EACH ACCIDENT) HIRED PROPERTY DAMAGE E BODILY INJURY AND IA.1 NON OWNED PROPERTY DAMAGE s 500 COMBINED EXCESS LIABILITY BC BC C BODILYA A � UMBRELLA FORM 884-1157 PROPERTYTY DAMAGE E 1 ,000 1000 OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY and EMPLOYERS'LIABILITY E �exHAccm¢nn OTHER n�i��mm�r DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Cancellation: Should any of the above described policies be c3ncelled be`cJe the expiration date thereof, the issuing Com- pany will endeavor to mail _.3.1,1.. days written notice to the teiow named Certificate holder, but failure to cl II impose no obligation Dr Ilabi lity of amf k n( upon the company. Additional Insure A NAME AND ADDRESS F JE16IWEyfQED City of San Juan Capistrano Ill, ISSUED' June 11th . 1984 mt. 32400 Paseo Adelanto , San Juan Capistrano , Ca . 92675 , f. AUTHORIZED REPRESENTATIVE ACORD 25(1.79) w OG P R661��`py��`� •GfiuiiGl/' T w �3j(�� SANJ J"STTt�R .SIC--'kik, I 92675 c HON` 117 e April 20 , 1984 Toyo Landscaping Company 302 South Newhope Street Palm Springs , California 92704 Re: Award of Contract - Landscape Maintenance Districts Gentlemen: At their meeting of April 17 , 1984 , the City Council awarded the contract for Landscape Maintenance Districts to your company at $42 , 240 . Enclosed are two copies of the contract. Please sign and date both contracts and return the "City Copy" to this office along with all required bonds and insurance. The contract documents are to be executed by your company within 15 days of this notice. I am enclosing Pages 13 and 14 of the bid documents which cite the City' s requirements for bond and insurance amounts. The City is also to be named as an additional insured pursuant to the Standard Specifications for Public Works Construction. These requirements must be met as stated before the contract is effective. 1 '• Toyo Landscaping Company -2- • April 20 , 1984 If I can be of any help to you, please do not hesitate to call. Thank you for your cooperation. Very truly yours, MARY�ANOVER, CMC City Clerk MAH/mac Enclosures cc: Director of Public Works South Coast Landscape, Inc. California Landscape Maintenance Landscape West Dick and Frances Kopp Mr. and Mrs. Robert Bancroft Charles Graham Richard Wann Paul A. Stubbs Jim Woodworth Mr. and Mrs. Russell Guy Art Staudenbaur PLANS AND SPECIFICATIONS PROJECT TITLE .� r PROJECT ENGINEER EX PRE BID DATE/TI V BID OPENING DATE/ TIME Aora b -0% Xpo P. M. ENGINEER ' S ESTIMATE �GL�O PURCHASE COST 4-6 . 00' MAIL COST 5 .Do NAME ADDRESS PHONE N0 . a„�se ��. -z� w, 15 J s�� fti, � s+AKN C2� 3) a61 -�so8 _. AVP , Los Ant ,e Iv 1)(70 �� - - - � � h C��fi P_©, aso 693 - QI � y 1 — ---- -- — — -- - — - — - -- 1 rm tis s"� t o To 9 a.b°i D qy) - � a- v�C,-- C) :�10� 7oSe�h ShYtt�4� a65 ] (o V1� Sc,C.pa eN� b b -^ oso --�Ca nO�Se 1-54rocio 672A&k �)_q t - d r ii400 PASEO`AO ELA N TO�y SAN JUANQICAPISTRANO,CALIFORNIA 92675 'PHONE 493-1171' March 23 , 1984 California Landscape Maintenance , Inc. 23136 Miguelito San Juan Capistrano, California 92675 Landscape West 1518 South Eastern Los Angeles, California 90022 Re: Contractural Services for Landscape Maintenance Districts Gentlemen: At their meeting of March 20 , 1984 , the City Council took action to reject the bids submitted for Landscape Maintenance Districts. In conjunction with the rejection of bids , staff was authorized to amend the specifications and re-advertise. A bid opening date of April 6 , 1984 , at 2 : 00 p.m. , has been scheduled. Thank you for submitting your bid to the City. Very truly yours , MARY ANN HANOVER, CMC City Clerk MAH/mac cc: Director of Public Works SAN J FTSTR CA4FI' IA 92675 ', '*J!NCNORa6s{t t 7,Y e' March 7 , 1984 California Landscape Maintenance, Inc. 32136 Megalito San Juan Capistrano, California 92675 Re: Landscape Maintenance District Gentlemen: At their meeting of March 6 , 1984 , the City Council withdrew the above mentioned item from the Agenda pending review by the Landscape Maintenance Committee. This item will be presented at the meeting of March 20 , 1984. We will forward a Staff Report and Agenda prior to that meeting. If you have any questions, please don' t hesitate to call. Very truly yours, p MARY ANN HtkKOVER, CMC City Clerk MAH/mac cc: Landscape West a.�_, x400 P�0Oi XD �AIVM J i SAN JlM'IAP.TSTRA CA1;iFp IIIA 92675 a p • �l--r a January 27 , 1984 Department of Industrial Relations I Division of Labor Statistics & Research P.O. Box 603 San Francisco, CA 94104 Attention: Prevailing Wage Unit To Whom It May Concern: The City of San Juan Capistrano is presently soliciting contractual services for landscape maintenance. The districts involved in this project contain established grounds requiring the maintaining of existing landscaping. In an effort to comply with State requirements , the City would request written verification of the current State determined prevailing wage for a person providing this type of service; Landscape Maintenance Laborer. Attached is a copy of the bid document utilized. Bid opening is to take place in March 1984 , and the anticipated date of contractual performance is April 1984 . Thank you for your attention to this matter. Very truly yours , CITY OF SAN JUAN CAPISTRANO Cynthia S . Ferguson Senior Administrative Assistant CSF/rem Attach. CC. Records Coordinator