Resolution Number 84-10-2-2RESOLUTION NO. 84-10-2-2
DECLARING DEFAULT IN PERFORMANCE OF MAINTENANCE
OF LANDSCAPING AND MAKING DEMAND ON SURETIES
FOR PERFORMANCE (LANDSCAPE WEST)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
A DEFAULT IN PERFORMANCE OF MAINTENANCE OF
LANDSCAPING IN VARIOUS CITY PARKS AND PARKWAY
AREAS AND CITY FACILITIES AGREEMENT (LANDSCAPE
WEST, ROBERTS & ASSOCIATES) AND MAKING DEMAND
ON SURETIES FOR PERFORMANCE
WHEREAS, Landscape West, Roberts & Associates, executed
a contract for "Maintenance of Landscaping in various City Parks
and Parkway Areas and City Facilities" with the City of San Juan
Capistrano on or about March 6, 1984; and,
WHEREAS, Landscape West has posted a surety bond
securing performance of the contractual obligations set forth in
the above -stated agreement; and,
WHEREAS, the Public Works Director has determined that
Landscape West has defaulted in performance of the landscape
agreement.
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council as
1. The City Council hereby accepts the findings of
the Public Works Director that contractor,
Landscape West, has defaulted in the performance
of its obligations under the landscape agreement.
The findings of the Public Works Director are
attached as Exhibit "A," and incorporated herein
by reference.
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2. The City Council hereby makes demand on the
Surety, Amwest Surety Insurance Company, securing
performance on the landscape agreement to cure the
default by completing performance required under
the above -stated agreement.
PASSED, APPROVED AND ADOPTED this 2nd day of
October , 1984 , by the following vote, to wit:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
A L AUS ORFER, MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 84-10-2-2, adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 2nd day of
September , 1984.
4R.Y
(SEAL) NOVER, CITY CL
Q
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STATE OF CALIFORNIA 9
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 4th day of October , 1984
she caused to be posted:
being:
RESOLUTION NO. 84-10-2-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
A DEFAULT IN PERFORMANCE OF MAINTENANCE OF
LANDSCAPING IN VARIOUS CITY PARKS AND PARKWAY
AREAS AND CITY FACILITIES AGREEMENT (LANDSCAPE
WEST, ROBERTS & ASSOCIATES) AND MAKING DEMAND
ON SURETIES FOR PERFORMANCE
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
-WARY
464
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CHECK LIST
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ANN
HANOVER CITY CLERK
S ,
ORD. NO RES. NO. San Juan Capistrano, California
.... ✓...-. Mayor has signed
....4el."Clerk has signed
.....LZ City Seal stamped
4C�.. All blanks typed in
"Absent" ..----......'. ..... .........
.Noes" ...... ............
.._...... .. ..........--....----
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........---- Typed in Official Record Book
...._-------- Posted to Classified Cards
............. Copies sent to. posf..(-5_)yy��'Qr.'.fc
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n.;.....,xt1................................
.............. Legal Publication ordered to be published
(date)......... ............... .... ..._.......................
No. Affidavits ....... ------ ....... ..----------
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No. Printed copies required .._.----- /......_..._.
Remarks..........................................
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—............... ........ .............. .............. ...... ....... ..... 1....
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AGENDA ITEM October 2, 1984
TO: Stephen B.Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Declaration of Default (Landscape West Agreements
With City)
SITUATION
On August 13, 1984, the contract for the landscape maintenance of
City parks, parkways and facilities with Landscape West was
terminated. This action was the culmination of continuous problems
experienced throughout the period of their contract which commenced
in April of this year. Since the initiation of their agreement
there were always difficulties in obtaining satisfactory performance.
The work was rarely performed in the manner specified and much of
what was done usually took repeated requests by City staff to get
accomplished.
One major problem was that too few persons were assigned by the
company to provide this service for the City which accounts for the
limited amount of work performed on a daily basis. Additionally,
this lack of labor caused many problems in keeping the irrigation
systems operable as routine monitoring is required to assure that
damaged sprinklers and timeclocks and valves are repaired and
replaced as soon as possible to eliminate any damage to surrounding
vegetation, or at least keep it to a minimum. At the time of
termination, insufficient irrigational maintenance was the main
cause of the many landscaping problems which developed.
Numerous contacts with Landscape West's Field Supervisor advising
him of the poor service and problem areas as well as letters sent
to the company owners received only temporary attention which was
then reduced to nominal service again. Withholdinc of payments to
encourage better service responses did not prove effective either
as a continuous monthly workload was then reduced to a surge of
concentrated week of labor sacrificing the daily visual appearances
the City had specifically contracted for. Realizing that this was
the operational mode of the company and that little or no change
could be expected, the City advised Landscape West of its intent
to terminate the contract.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable
Exhibit A, Page One of Two
c -Op f'.iTY rOUNC11. AC-040AI ...
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FINANCIAL CONSIDERATIONS
October 2, 1984
M"
New contractors were employed to provide landscape maintenance
services following the termination of Landscape West's contract.
An increase in the costs of services is estimated to be about
$15,500 for the year. The work which has been or is needed to
be performed to re-establish the neglected landscaping to a
satisfactory condition is anticipated to be about $9,000.
The City has withheld two one-half months payments as work was
not performed satisfactorily.in June or July. The City has also
not released a final two weeks payment for work done in August.
Landscape West has been advised of the costs associated with their
unsatisfactory performance and has not responded with financial
reimbursement. Staff requests that the City Council authorize
that a demand be made on the surety, AmWest, to perform under
the Landscape West maintenance agreement. The objective would be
to have the surety incur the above stated costs.
ALTERNATE ACTIONS
1. By resolution, declare a default in performance of maintenance
of landscaping in various City parks, parkways, and City
facilities as defined in the agreement with Landscape West,
Roberts & Associates, and make a demand on sureties for
performance.
2. Do not declare a default in performance or make a demand on
sureties for Landscape West's landscaping services.
3. Refer to staff for additional information.
RECOMMENDATION
By resolution, declare a default in performance of maintenance
of landscaping in various City parks, parkways, and City facilities
as defined in the agreement with Landscape West, Roberts &
Associates, and make demand on sureties for performances.
Re�jpe�
s/pect%f�julllyy submitted,
4
W. D. Murphy MC
WDM:CSF/rem
Exhibit A, Page Two of Two