HomeMy WebLinkAboutRDA LNDSCPE MAINT 06-19-89· ~ REDEVELOPMENT AGENCY
TO:
FROM:
SUBJECT:
wILI'IAM HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/FIELD SERVICES
LANDSCAPE MAINTENANCE CONTRACT, EL CAMINO REAL
RECOMMENDATION:
Request that the Tustin Community Redevelopment Agency authorized the renewal of the
· Landscape Maintenance Contract for El Camino Real with Porshia Alexander of America,
(PAA).
Further request that the contract be amended to reflect the current annual Consumers
Price Index which currently reflects an increase of five percent (5%) for the period
from April 1988 - April 1989.
DISCUSSION:
The Tustin Community Redevelopment Agency originally entered into a maintenance
contract with PAA., in November 1985. Th'e-contract was subsequently renewed in
January 1987. 'l~le Public Works Department is satisfied with the level of service
being provided by PAA., and desires to extend the contract for another year beginning
July 1, 1989.
The contractor has agreed to continue the service at the rate stated, adjusted to the
current Consumers Price Index, as published by the Bureau of Labor statistics which is
The adjusted annual contract would go from $11,888.72, to
five percent (5%).
$12,483.16.
Bob Ledendecker
Dir. of Public Works/City Engineer
Pabio Rodriguez
Manager, Field Services
Department of Public Works/Field Services Division
Porshia Alexander of America, Inc.
808 E. Edna Place, P.O. Box 2427
Covina, CA 91723~
Attn: Mr. Frederick D. Mack
RE: ANNUAL LANDSCAPE MAINTENANCE PROGRAM-EL CAMINO REAL
(FILE#321)
Dear Mr. Mack:
The Tustin Community Redevelopment Agency, at their meeting of June 19, 1989,
renewed the contract for subject project to your firm.
Attached are three copies of the contract, bond form, and insurance certificate. Please
execute all thre~ copies and return all three' copies to this office. Upon execution by the
Agency, we will forward one copy to you for your records.
Per the direction of the City Attorney, folio.wing ~are procedures for execution of the
documents: ~
The City Attorney will fill in contract date.
Paqe C-7 (Cpntract Signature Page)
Have Frederick D. Mack, Jean Haines, and Cynthia L. Goodwin sign and notarize utilizing
the notary certificate provided on this page. Affix corporate seal of Porshia Alexander of
America, Inc.
pAGE C-8 & C-10 (First Page Bond Forms)
Surety Company to fill in blanks on this page.
filled in by City Attorney.
Leave contract date blank;
this will be
p^GE C-9 & C-ll (Bond Form signature Page)
1. Surety Company to execute in space provided and affix their corporate seal. In
addition, surety Company to attach proper corporate acknowledgement notary
certificate.
e
.
Frederick D. Mack, Jean Haines, and Cynthia L. Goodwin to execute in space
provided. In addition, attach proper acknowledgement notary certificate.
Affix corporate seal of Porshia Alexander of America, Inc.
300 Centennial Way · Tustin, California · (714) 544-8890, Ext. 240
Annual Landscape Maintenance Program-El Camino Real
Page Two
PAGE C-12 (Insurance Certificate)
Surety Company to execute all three copies of this form.
accept anything other than this form,
The City Attorney will not
I also wish to call your attention to the fact that per City Code and as called for in the
specifications, the bonding company utilized must be rate Grade A or better and Class IX
or better in the latest edition of Best's Key Rating Guide. It is suggested that to save
time, you make sure your bonding company has this rating before having them execute
the bonds. The City Attorney will not approve the contracts if the bonding company does
not meet these requirements.
Please feel free to contact me at (714) 544-8890, ext. 245, if you have any questions.
Very truly yours,
Pablo Rodriguez
Manager, Field Services
PR: dj
Attachments
TUSTIN COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF TUSTIN
ORANGE COUNTY, CALIFORNIA
CONTRACT
LANDSCAPE MAINTENANCE PROGRAJq - EL CAMINO REAL
j i
This agre~ent, made and concluded, in triplicate, this day of
· one thousand nine hundred and eighty-six between' the' 'Tust'i'n
¢omunity Redeve'lopmeni Agency,.party of the first part, and Porshia Alexander of
~nerica, Inc.., A Corporation orl)anized and existin0 under and by virtue~iI1~the laws_
'of the StateI of 'California' and authorized to do bUs)ness in the State of
i i
-California.... i i Contractor, party of
the second part.
ARTICLE I. Witnesseth, that for and in consideration of the paynmnts and
agree~nts hereinafter nmntioned, to be made and perfo~d.by the said party of the
first part, and under the conditions expressed in the two bonds, bearing date with
these presents, and hereunto annexed the said party of the second part agrees with
Said party of the first part, at his own pro,per cost and expense, to do all the work
d furnish all the materials, except sUch as are ~mntioned in the Specifications to
j furnished by said party of the first'part, necessary to construct and complete in
good ~rkmanlike and substantial manner and to the satisfaction o.f the said party of
.the first part, in accordance ~i th the plansj~d specifications entitled, "Lanscape
Mai ntenance Prol)ram - E1 Cami no Real ".
· .
ARTICLE II. And said Contractor agrees to receive and .accept the following
prices as full compensation for furnishing all materials and for doing all the work
contemplated and embraced in the Agreement; ahd also for all loss or damage arising
out of the nature of the work aforesaid, or from the action of the elements, or from
any unforseen difficulties or obstructions which may arise or be encountered in the
Prosecution of the work until its acceptance by the Tustin Community Redevelopment
Agency, and for all risks of every description connected with the work; also for all
expenses incurred by or 'in consequence of the suspension or discontinuance of work ant:
for well and faithfully co~leting the work, and the whole thereof, in the manner and
according to the plans and specifications, and the requirmnents of the Engineer under
th~, to wit-
C-1
-' PROPOSAL
'~ ........... In Ficures In Figures
Wri=:en In Wor~
Cultivating, weeding and trimming
of plantar areas as neCessar~ at $198.60
$2,383.28
Fert. t ltztng
Agrofor~ at
~t ce per year
on
$84.65 $169.30
~rtnkler syste~ mtn~enance
effec'~t ye ~ tnclude,
but. no1: 11mt~d ~0, ~'~rt~ler
hea~,au~ic vales,
icon~llem (excluding van~ltm
[e~. a~ FO~y six dollars nnd
) tw lv - on~
- Sid~a~k ~intananca, mini~m of
~ica per we~, for ~e ~val
and disposal of s~ of any
o~stac~es interfering
pedest~an traffic, i.e.,
side li~s at Two hundred ninety
$46.12
$553.51
$553.55 ~
$299.54_.
· o
$3,594.52
nine dollars-and fiftv four
Per Mon~n
_
cents
5. Replacement of unhealthy plant
material as necessamy (labor only)
at Twenty one dollars and .! $21.17 $254.03
Ois.oosal of r~fuse from trash
~cept~cles as necessary.-
minimum once per wee.~ at Forty ,,
six dollars and thirteen cent $46.13
·, CONTRACT
IL I I III -
.AN~AP£ MAI NTI[IIANC[ PROGRA~ - EL CAHINO REAl.
Ire,., -It~ With Unit Price · Monthly Price Total In
NO. Written In Words In Figures In Figures
m i! m i m i
_
! Removal and disposal of all
, 7. debris, trash, litter
~_ b:ln~:~r~otttttCneSdtal lrYa rast~ [~ur III $414e 58
-f*- i h Per Month
LUMP ~OM $12,483.],6
Fotal or gross sum written in words Twelve thousand four hundred and ei~)hty three
dollars and sixteen cents
· o
C-3
· ·
ARTICLE II.I. The said p~,<y of the first part hereby promises and agrees with
the said Contractor to employ, and does hereby employ, the said Contractor to provide
- ,e materials and to do the work according to the terns and conditions herein
Jntained and referred to, for the prices aforesaid, and hereby contracts to pay the
same at; t;he time, in the manner and upon the condJtions above set forth; and the said
parties for themselves, their heirs, executors, administrators, successors, and
assigns do hereby agree to the full perfocmance of the covenants herein contained.. .
ARTICLE IV. It t's further expressly agreed by and between the parties hereto
that should t~here be any conflict between the terms of thts instrument and the bid or
proposal o?. said Contractor, then thts Instrument shall control and nothing herein
shall be considered as an acceptance of the said terms of said proposal conflicting
herewith. ~ .
ARTICLE V.
1. The TUSTIN COMMUNITY REDEVELOPMENT AGENCY has obtained from the Director
of Industrial Relations the general prevailing rate of per diem wages and the general
prevailing rate for legal holiday and ove~ime work in the locality in which the work
is to be performed for each craft or type of work needed to execute this contract and
maintains copies thereof in the office of the Agency Secretary. The Contractor agrees
that not less than said prevailing rates shall be paid to workers employed on this
public works contract as required by Labor Code Sections 1771 and 1774 of the State of
California.
2. The Contractor shall, as a penalty, forfeit to the AGENCY, Twenty-Five
_Dollars {$25.00) for each calendar day or portion thereof for each worker paid (either
, 'Contractor or any subcontractor un. der Contractor) less than the prevailing rate set
orth herein on the work provided for in this contract, 'all in accordance with
Sections 1774 and [775 of the Lal~or Code of the State of California.
3. Section 1773.B of the Labor Code off'he State of California, regarding the ·
Payment of travel and subsistence payments, l~ applicable to this contract.
4. Section 1777.5 of the Labor Code o~ the State of California, regarding the
employment of apprentices, is applicable to ~his contract if the prime contract
involves Thirty Thousand Dollars ($ 30,000.00) or more, or twenty {20) working days or
more, or if contracts of subcontractors not bidding for work through the general or
prime contractor are Two Thousand Dollars {$2,000.00) or more, or five (5} working
days or more.-
5. [n performance of trois contract, not more than eight (8)'hours shall.
constitute a day's work. The Contractor shall conform to Article 3, Chapter l, Part 7
{Sections 1810 et seq.) of the labor Code of the State of California, and shall
forfeit to the Agency as a penalty, the sum of Twenty Five Dollars {$25.00) for each
worker employed in the execution of this contract by Contractor or any subcontractor
for each calandar day during which any worker is required or permitted to labor more
than eight {8) hours in any one calendar day and forty (¢0) hours in any one week in
violation of said Article. Contractcr shall keep an accurate record showing the name
and. actual hours worked each calendar day and each calandar week by each worker
employed by Contractor in connection with the public work.
C-4
6. Contractor agrees to .... ep accurate payroll recordv~nowing the name, address,
social security number, work classification, straight time and overtime hours worked
-'ch day and week and the actual per diem wages paid to each journeyman, apprentice or
rker employed by him in connection with the public work, and agrees to insist that
each of his subcontractors do the sam. Contractor further agrees that his payroll
records and those of his subcontractors shall be available to the employee or his
representa-tive, the Division of'LaBor Standards Enforcement, and the Divison of
)renticeship Standards,'and shall comply, with all of.the provisions of Labor Code
.~:tion 1776, e.~.t seq., in general.
7. Contractor is also aware of the Provisions of Section 3700 of the Labor Code
~ich requires every employer to be insured against liability for Worker's
COmpensation or undertake self-insurance in accordance with the provisions of that
code and will comply with such provisions before commencing the performance of the
mork of this contract. '
ARTICLE VI. The Contractor shall indemnify and save harmless the Tustin Community
Redevelopment Agency and all ofl'icers and employees thereof from all claims,
suits, or actions of every name, kind and description, brought for, or on account
of, injuries to or death of any person including but not limited to workmen and
the public, or damage to property resulting from the construction of the work or
by or in consequence of any negligence regarding the work, use of improper
materials or equipment in construction of the work, neglect or refusal of
Contractor to faithfully perform the work and all of Contractor's obligations
under the contract, or by or on account of any act or omission by the Contractor
or his agents or a subcontractor or his agents or a third party during the
progress of the worx or at any time before its completion and final acceptance, or
~ich might arise in connection with the agreed work or is caused by or happening .
n connection with the progress of ~aid work, or on account of any passive or
active negligent act or omission by the Agency , its officers, employees and
agents, save and except claims arising through the sole and exclusive negligence
or sole and exclusive willful misconduct of'tl~e Agency. The defense in
indemnification by Contractor shall include.all costs and expenditures including
attorney's fees incurred by the Agency or its employees, officers or agents with
respect to such claim or suit and Contractor will, if requested by the Agency, defend
any litigation arising out of such claim at the sole cost and Expense of Contractor.
In'addition to any remedy authorized by law, s-o much of the money due the -
Contractor under and by virtue of the cont'ract as shall be considered necessary in
the sole discretion of the Agency may be retained by the Agency until disposition.
has been made of such claims for damages as..aforesaid.
ARTICLE VII. The Contractor shall take out, maintain and pay all premiums during-
the life of the contract con~orehensive automobile and general liability insurance
that provides protection from claims which may arise from operations or performance
under this contract with the Tustin Community Redevelopment Agency and its officers,
employees and agents as named additional insureds. The Contractor shall require any
subcontractor to provide him with evidence of the same liability insurance
coverages. The failure of the Contractor to require any subcontractor to provide him
with such evidence of the same liability insurance coverages shall constitute a
material breach of this contract, llqe amount of insurance shall not be less than
single limit coverage applying to bodily and personal injury liability and property
damage in the amount of $1,000 ,000.
C-5
The following-endorsements rnu~-'c be indicated on all certiTlCates of insurance:
e.
~1) The Tustin Community Redevelopment Agency, its officers, employees and agents
~re named as ad~litional insureds in the policy as to the work being performed
under the contract;
(2) The coverage ts PR[MARY and no other Insurance carried by the City of Tustin
or t~he Tustin Community Redevelopment Agency will be called upon to contribute to
a loss under this coverage;
(3) The policy covers blanket contractual liability;
(4) The policy limits of liability are provided on an. occurrence basis;
{5) The policy covers broad form prope, rty damage liibility;
(6) The policy covers personal injury as well as bodily injury liability;
(7) The policy covers explosion, roi. lapse and underground hazards;
{8) The policy covers products and completed operations;
(g) The policy covers use of non-owned automobiles;
(10) The coverage shall'not be cancelled nor materially altered unless and until
thirty (30) days written notice Is given to the Tustin Community Redevelopment
Agency.
C-6
In Wi:ness Whereof, the ..r%ies of these presents hav= hereunto set their hands
and seals the year and :he date firs: above writ:eh.
--- .
THE COMMUNITY REDEVELOPMENT AGENCY -
DATE OF EXECUTION
BY:
Chairnmn of the Tustin Community Redevelopnmnt AgencY
ATTEST:
Secretary of the Tustin Community Redevelopment Agency'
Contract and Bond Approved:
gi ty Attorney
APPROVED AS TO CONTENT:
Date
_City Engi neet
Date
i
porshia Alexander of America, Inc.
· - Frederick D. Mack, President
J~ean Haines, Secretary-Treasurer
Cynthia L. Goodwin, Manager
State of California)
County of Orange )
· .
On me the undersigned, a Notary Public in and for the
said State person'jlly appebaef°r~rederickred D. Mack, known to me to be the P'res-ident, and
Jean Haines, known to me to be the Secretary-Treasurer, and Cynthia L. Goodwin, known
to me to be the Manager, of-Porshia Alexander of America, Inc. a corporation that
executed the within instrument, known to me to be the persons who executed the within
instrument on behalf of the individual herein named, and acknowledged to me that such
individual executed the within instrument pursuant to its bylaws or a Resolution of
its Board of Directors.
Witness my Hand and Official Seal
Notary PuDlic in and for said State
C-7
~ .d No.
Amount $ 12,483.16
P remi urn'
TUSTIN COMMUNITY REDEVELOPMENT.AGENCY
PUBLIC CONTRACT
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That Porshta Alexander of America, Inc.
i ii
, as and hereinafter Teferred to collectively as,
i i
"Principal" and
· i i i ii i i em
a corporation organized and existing under the laws of the State of .
.., and duly authorized to transact surety bustness in the
State of California, as, and hereinafter referred to as, "Surety", are held and
firmly bound unto the Tustin Con~nunity Redevelopment Agency hereinafter referred to ax
the ."Agency', in the sum of $12,483.-16 . . , for payment of
,ch Principal and surety bind then~elves, their heirs· administrators· successor and
assigns, jointy and severally as follows-
THE .CONDITION OF THE ABOVE OBLIGATION IS.II, AT:
WHEREAS, Principal has entered into a contract dated
· lg , with Agency to do and perform the following, generally
described work, which is more particularly described in said contract'
For the contract of Landscape Maintenance' Program - E1 Camino Real
WHEREAS, all of such improvements are to be constructed and installed in
accordance with the plans* and specifications described, referred to and incorporated
in said contract; and
WHEREAS, Principal shall commence and complete the construction and
installation of such improvements as provided in said contract; and
NOW,THEREFORE, if Princigal shall faithfully perform all agre.~n, ents contained in
the aforesaid contract, then this obligation shall be null and void.
C-8
PROVIDED, HOWEVER, if I, ,cipal shall not faithfu11~ ~rform all agreements
~ontained in the hereinabove described contract and all obligations, then this
~oligation shall remain in full forqe and effect.
PROVIDED FURTHER, HOWEVER, that Surety hereby stipulates and agrees that no
change, extension of tin~, alteration or nmdification of the contract docunmnts or
of the w~rk to be perfornmd thereunder shall in any way effect its obligation on this
bond and it does hereby waive notice of any such change, extension of time, alteration
or modification of the contract docunmnts or of work ~o be performed thereunder; and
PROVIDED FURTHER, that in case suit is brought upon this bond by the Agency or
any other person who nmy bring an action on this bond, a reasonable attorney's fee, to
be fixed by the Court, shall be paid by Principal and Surety.
SURETY:
( NAME )
)TE: Attach proper acknowledgements
for both Surety & Principal.
BY:
(Seal)... BY'
Attorney' I n-Fact
·
APPROVED AS TO FORM:
Address of Surety:
city Attorney
APPROVED AS TO CONTENT:
city Engineer
.(Seal)
Principal
Porshia Alexander of America, Inc.
·
BY'
'Frederick D. Mack, President
BY-
Jean 'Hal nes, Secretlary-Treasurer
BY:
Cynthia L. Goodwin, Manager
Address of Principal ·
C-9
~Jond No.
Amount $ ~2'483.16'
P remi um:
TUSTIN COMMUNITY REDEVELOPMENT AGENCY
PUBLIC. CONTRACT
LABOR AND MATERIALS
KNOW ALL MEN BY THESE PRESENTS: That Porshia Alexander of America, I,n¢.I
_
, as and hereinafter referred to collectively as
- , a
'Pri nci pal" and I i
corporation organized and existing under the laws of the State of
and duly authorized to transact surety business in the State of California, as and
hereinafter referred to as "Surety', are held and firmly bound unto the Tustin
Con~nunity Redevelopmnt Agency hereinafter referred to as "Agency", in the sum of
for payment of which Principal and Surety bind themselves, their
$ 12,483.16 ....
heirs, administrators, successors and 'assigns, jointly and severally, as follows'
THE CONDITION OF THE ABOVE 'OBLIGATION IS THAT:
WHEREAS, Principal has entered into a contract dated i..,
19...__, with Agency to do' and perform the following, generally described work, which
more particularly described in said contract'
For the contract of Landscape Maintenance Program - E1 Camino Real.
WHEREAS, Principal shall con~nence and complete the construction and
installation of such improvements provided in said contract.; and
, NOW THEREFORE, if Principal shall pay the contractor, his subcontractor, and all
persons renting equipnmnt or furnishing labor or materials to them for such
·
improvements,for the full cost of such improvements then this obligation shall be null
a'nd void.
PROVIDED, HOWEVER, . ~ P-~ncipal shall not pay the ,. 'ontractor and,all persons
renting equipment or furnish~,,g labor or materials to them for such i~rovements for
'he full cost of such improvements, then this obligation shall remain in full force
and effect and such contractor, subcontractor and persons shall have a direct right of'
action against the Principal and Surety under this obligation, subject to priority Of
· .
Agency. '
PROVIDED FURTHER, HOWEVER, that Surety stipulates and agrees that no change,
extension of time, alteration, or ~odification 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; and
PROVIDED FURTHER that in case suit is brought upon this bond by the Agency or
any other person Who may bring an action on this bond, a reasonable attorney's fee, to
be fixed by the court, shall be paid by Principal and Surety.
IN WITNESS WHEREOF, PrinCipal and Surety have caused these presents to'be duly
~igned and sealed-this
day of , 19
SURETY:
·
NOTE: Attach proper acknowledgements
for both Surety & Principal. BY'
( NAME )
Att orney- I n-Fact
( Sea 1 ) BY:
APPROVED AS TO FORM:
Address of Surety:
City Attorney
APPROVED AS TO CONTENT'
City Engineer
( Sea 1 )
Pri nci pal:
Porshia Alexander of America, Inc.
BY'
Frederick D. "Mack, President
BY'
Jean Haines, Secretary-Treasurer
BY: ·
Cynthia L. Goodwin, Manager
Address of Pti nci pal ·
.300 ' Centennial Way
Tustin, CA 92680
NAME AND ADDRESS OF INS~tNC= COMPANY (I£$)
~nensi~ fora
:.mises-operat/cns
)losion an~ collapse
ntrac~al insurance
:ad fo=m pro~rty
,.
~e~ :nt c~ntractors
~O~28ILE
Kx~_as i~e form
br~lia
her than
Bodily Injury $
P~ INJURY
(each person)
Bodily Injury $
each
Oco/rr~nce
ac~ily Injury
Bodily Injury
Pro~r~y ~
$
$
accident)
· is certified that a waist of subrogation is her=by issued to the Tustin Cczmunity Bede.ye!cT:merit -
'ency 'as pertains to ~ t~ms of all Workmrs CcmL~nsatic~ Insurance.
i I I ! I I I I I
~ uing =m%oany will gi,~ ~hir~y (30) days wri~n notice to the Tustin ammmity F~d. ev~!op~ent
~n~z prior to n~dification or c~_ncellation. Date Issue:
MCDIFI~ICNS MAY BE MADE
THIS FO~.
9/25/82 (P-Tust/n)
..
na~ed insurance company(les)