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1988-0119_GARDNER TRACTOR SERVICES_Agreement• EXEMPT ' • 88-566908 C16 RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City C San Juan Capistrano / // -� City Clerk's Department l �(p 32400 Paseo Adelanto Diary Ann a ver, City CI k d San Juan Capistrano, CA 92675 City of San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Gardner Tractor Service, for the performance of the following work: 1988 WEED ABATEMENT PROGRAM That said work was completed by said company according to work orders and specifications and to the satisfaction of the Enforcement Officer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 1st day of November, 1988 , by Resolution No. 88-11-1-2 Dated at San Juan Capistrano, California, this 2nd day of November , 1988 Mary A nover, City Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 2nd RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA P.M. NOV 31988 P c L Q• n day of November , 1988 am ' t�� Mary A Hover, City Clerk City of San Juan Capistrano AGREEMENT FOR WEED ABATEMENT CITY OF SAN JUAN CAPISTRANO, CALIFORNIA THIS AGREEMENT made and entered into this nineteenth day of January , 1988 , by and between the CITY OF SAN JUAN CAPI TRANO, a Municipal Corporation, hereinafter called "CITY", and Gardner Tractor Service hereinafter called "CONTRACTOR." WITNESSETH: WHEREAS, the City Council of the City of San Juan Capistrano, pursuant to Section 39650 et seq. of the Government Code, and Ordinance No. 348, has determined that the City's Weed Abatement Program can best be accomplished by a private contractor; and, WHEREAS, the CONTRACTOR is capable of performing said work in accordance with his bid proposal submitted herewith; and, WHEREAS, the specifications upon which said bid was made, accurately and fully describes the terms and conditions upon which the CONTRACTOR shall furnish the labor and materials to accomplish said work. NOW, THEREFORE, in consideration of the premises and of the covenants herein contained; IT IS AGREED BY AND BETWEEN THE PARTIES as follows: 1. The Contract Specifications dated 1/1/88, filed with the City Clerk, constitute a part of this agreement as if set forth herein with particularity. 2. The CONTRACTOR agrees to perform the work set forth in the aforesaid specifications diligently and in a good workmanlike manner, and the CITY agrees to pay for said work after satisfactory completions on the following basis: LOT SIZE IN SQUARE FEET DISCING EDGING* MOWING 0 TO 7,200 sq. ft. $ 35.00 $ 18.00 $ 60.00 7,200 to 21,780 sq. ft. $ 40.00 $ 18.00 $ 60.00 21,781 to 43,560 sq. ft. $ 48.00 $ 25.00 $ 70.00 1 acre and over $ 48.00 $ 8.00 $ 70.00 *Edging of acreage shall be bid per 100 lineal foot. am 0 0 Trash Clean -Up and Disposal Per Cubic Yard $ 19.00 Parkways - Per 100 Square Feet. $ i5 .00 Hand Labor and Tools - Per 100 Square Feet. Includes all labor and equipment necessary to 8.00 clean designated property and dispose of rubbish. $ 3. The CONTRACTOR shall forfeit as a penalty to the CITY, twenty-five dollars ($25) for each calendar day, or portion thereof for each workman paid less than the stipulated prevailing rates of per diem wages by the CONTRACTOR of any sub- contractor under him. 4. The CONTRACTOR shall commence work at the time fixed by an enforcement officer who shall be appointed by the City Manager and the entire work contemplated hereunder shall be completed by June , 1988. Time is of the essence, and CONTRACTOR shall be prepared to commence work on ten 00) days written notice from the enforcement officer, (unless otherwise directed by the City Council) for good cause. 5. The work contemplated in the bid herein covers an initial abatement of weeds. Should the Enforcement Officer determine that a second abatement is required because of the seasonal occurrence of weeds, CONTRACTOR shall be prepared to commence work within ten (10) days after written notice from said Officer in accordance with the terms herein. 6. Insurance. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the City and its elected and appointed officials as a named insured which said policies shall be in an amount of not less than $500,000 combined single limit. Insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute, but in no event less than thirty days before expiration where cancellation is effective. CONTRACTOR shall provide to City a copy of the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims demands, loss of liability of any kind or nature which City, its officers, agents, and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this agreement. 7. Term of Contract - The term of this contract shall be for a period through December 31, 1988. City reserves the right, however, to terminate this agreement without cause by giving 15 days written notice by prepaid postage first class mail. -17- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their officers thereunto duly authorized and their seals to be hereunto fixed. ATTEST - CITY OF SAN JUAN CAPISTRANO CONTRACTOR �4 Nan BY: Gardner Tractor Service -18- November 9, 1988 John Gardner Gardner Tractor Service 8662 Summer Place Cypress, California 90630 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. SUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN Re: Completion of 1988 Weed Abatement Program Dear Mr. Gardner: The City Council of the City of San Juan Capistrano at its regular meeting held November 1, 1988, adopted Resolution No. 88-11-1-2, accepting the work completed for the 1988 Weed Abatement in the amount of $30,434.67. A copy of Resolution No. 88-11-1-2 is enclosed for your information. The retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on November 3, 1988; therefore, the final payment, in the arnount of $3,093.46, may be released on December 8, 1988. Thank you for your cooperation. Very truly yours, OR Mary Ann H Hover, CMC City Clerk MAH/cj Enclosure cc: Director of Public Works Director of Administrative Services Accounts Payable 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 499-1171 5. 6. 7. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Reports dated November 1, 1988, from the Secretary of the Planning Commission, regarding actions taken at the meetings of October 11 and October 25, 1988, were ordered received and filed. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated November 1, 1988, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of September 14 and September 28, 1988, was ordered received and filed. As set forth in the report dated November 1, 1988, from the Director of Public Works, the construction of the Camino Capistrano Asphalt Concrete Overlay from Junipero Serra Road to Trabuco Creek Bridge was completed. Acce tance of Work: h- following Resolution was adopted: NO. 88-11-1-1 OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE CAMINO CAPISTRANO AC OVERLAY, JUNIPERO SERRA ROAD TO TRABUCO CREEK BRIDGE The Resolution accepted the work as complete in the amount of $49,149.84, and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $4,914.98, 35 days after recording the Notice of Completion. 988 WEED ABATEMENT - As set forth in the report dated November 1, 1988, from the Director of Public Works, the 1988 Weed Abatement Program was complete. kance of Work: following Resolution was adopted: TION OF 1988 WEED OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE 1988 WEED ABATEMENT PROGRAM (GARDNER TRACTOR) -3- 11/1/88 0 The Resolution accepted the work as complete in the amount of $30,434.67, and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $3,093.46, 35 days after recording the Notice of Completion. 9. DANCE HALL EXPANSION - As set forth in the report dated November 1, 1988, from the Director of Public Works, the contract to provide architectural services for the Dance Hall expansion as awarded to William Cook Associates of Mission Viejo, in the amount of $9,700. The provision of insurance coverage by sub -consultants was approved. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. 10. COOK PARK ATHLETIC FIELDS RECONSTRUCTION AND UPGRADE As set forth in the report dated November 1, 1988, from the Director of Public Works, the contract to provide landscape architect services for improvement of existing playfields at Cook Park and to upgrade the facilities at Descanso Park was awarded to Land Concern of Santa Ana, in an amount not to exceed $17,076. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. 11. TRABUCO CREEK BIKEWAY CONSTRUCTION. CAMINO 12. As set forth in the report dated November 1, 1988, from the Director of Public Works, the plans and specifications were approved for the construction of a connecting link on the Trabuco Creek Bikeway between Camino Capistrano and Rancho Viejo Road using the levee of the Trabuco Creek flood control channel. Funds in the amount of $80,000 were budgeted in the 1988-89 fiscal budget. Staff was authorized to call for bids. As set forth in the report dated November 1, 1988, from the Director of Public Works, the excess width of the equestrian/hiking trail which extends along the rear of lots 50 and 51 in the Stoneridge development, was quitclaimed to John Clifton, Lot 50 and John Lloyd, Lot 51. The Mayor and City Clerk were authorized to execute the deeds for recording. -4- 11/1/88 AGENDA ITEM TO: FROM: SUBJECT: SITUATION 0 Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works • /-1 November 1, 1988 1988 Weed Abatement Program - Resolution, Notice of Completion and Final Report The City of San Juan Capistrano annually conducts a Weed Abatement Program in accordance with City Ordinance No. 348 whereby all properties not in compliance to the ordinance are cleared, by a City Contractor, of noxious and hazardous weeds, debris and refuse. The 1988 Weed Abatement Program has been completed and is ready for acceptance by the City Council and recordation of a Notice of Completion. Thirty days following this action, the 10% retention monies will be released. NOTIFICATION Gardner Tractor Service John Gardner COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS The Contract was awarded to Gardner Tractor Service for $26,339.00 and has been completed for $30,934.64. The difference can be attributed to the geophysical changes in the characteristics of the City. Parcels that once were large enough to accomodate inexpensive tractor work now receive costly handwork, and as development encroaches upon natural lands, new areas must receive firebreaks, that were not previously required. City Council action will result in the release of the 10% retention to the City Contractor in the amount of $3,093.46. TERNATE ACTIONS 1. Accept the completion of the 1988 Weed Abatement Program and authorize the recordation of Notice of Completion. 2. Do not accept the completion of the 1988 Weed Abatement Program. 3. Refer to Staff for additional information. FOR CITY COUNCIL AGENDA 0,� AGENDA ITEM • • November 1, 1988 Page 2 RECOMMENDATION By resolution, determine that the work for the 1988 Weed Abatement Program has been completed and authorize staff to release the 10% retention in the amount of $3,093.46 thirty days after the recordation of the Notice of Completion. Respectfully submitted, U`-��W. D. Murphy WDM/DDD:jw RESOLUTION NO. 88-11-1-2 C °t- 600,3, COMPLETION OF 1988 WEED ABATEMENT PROGRAM (GARDNER TRACTOR) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE 1988 WEED ABATEMENT PROGRAM (GARDNER TRACTOR) WHEREAS, on the 19th day of January, 1988, the City of San Juan Capistrano entered into a contract with Gardner Tractor Service, for the 1988 Weed Abatement Program; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San Juan Capistrano, as follows: SECTION 1. That the work required to be performed by said contractor has been completed. SECTION 2. That the total cost of said work is in the amount of $30,434.67. SECTION 3. That the work is hereby accepted and approved. SECTION 4. The City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 1st day of November, 1988 . 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. 88-11-1-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 1st day of November , 1988, by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Bland and Mayor Hausdorfer NOES: None ABSENT: None (SEAL) MAKY A NOVER, CITY'CLERI -2- foo H L o r y y d r T 4 • U y C $ v w �o 4 d Y y �n Y Y •.OI •.VI O4 U a U Q U C O foo H L 0 y L T y 30 �o Y •.OI •.VI Q U C O 41y m C y d 7 Q V O U L Y m 'o .� F m d •O O O G T .� i i 1 a Please signs date and rete to the City Clerk's Department. Thank you. use mm�o,or,o �ni1„D 1961 1776 1 1 NOTICE TO PROCEED TO: Gardner Tractor Service 8662 Sumner Place Cypress, California 90630 Project: 1988 Weed Abatement Program Amount of Contract: $26,339.00 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. DUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP N. SCHWARTZE CITY MANAGER STEPHEN 6 JULIAN You are hereby notified to commence work on the referenced contract on or before May 2, 1988, and to fully complete all of the work of said contract within 31 consecutive calendar days thereafter. Your completion date is June 3, 1988. Dated this 18th day of Febru ry, 1988. >y� l - Mary Ann 46over, CMC City Clerk cc: Douglas Dumhart ACCEPTANCE OF NOTICE Recei t gof the foregoing Notice to Proceed is hereby acknowledged by this 2 day of Tl� 1988. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 RECEIVE® FEe 17 12 55 FM T •lTI 4:.'E11 :'t�+ J 9A kv-:.4F � January 22, 1988 Gardner Tractor Service 8662 Sumner Place Cypress, California 90630 , ■ i I1NIINl11 uuNOM, 1961 1776 MEMBERS OF THE CITY COUNCIL AS L. BLAND LAWRENCEF. pUC H HEIM KEN Her H E. FRIESS GARY L. HA USOORFER PHILLIP R. SCHWARTEE CITY MANAGER STEPHEN B JULIAN Re: Award of Contract - 1988 Weed Abatement Program Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held January 19, 1988, awarded the contract for the 1988 Weed Abatement Program to your company at $26,339. Enclosed is a fully executed copy of the .Agreement for your records. Note in the Agreement the City's requirements for insurance amounts. The City is also to be named as an additional insured Dursuant to the Standard Soecificatio fofor Publc Works Construction, Please provide all required insurance within 15 days. If you fail to furnish said certificates of insurance within 15 days from the date of this Notice, the City will be entitled to consider all your rights arising out of the City's acceptance of your bid to be abandoned and as a forfeiture of your Bid Bond. The City will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award. These requirements must be met as stated before the contract is effective. Thank you for your cooperation. If we can be of further assistance, please call. Very truly yours, d Mary Ann anover, CMC City Clerk MAH/mac Enclosure cc: Director of Public Works Director of Administrative Services Receipt of the foregoing Notice of Award is hereby acknowledged: M This i C'\ day of ��, 1988. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 483-1171 0 0 Applicant: Mr. Jack E. Butler, BLT Partnership No. 4, 2401 Colorado Avenue, Suite 214, Santa Monica, 90404. Property Owner: Virginia and Henry Turner, Tr., 989 Cliff Drive, Laguna Beach, 92651. Written Communications: Report dated January 19, 1988, from the Director of Community Planning and Development, advising that the project falls within the general boundaries of the Northwest Sector Planning Study and could be considered concurrently with that Study, since the proposed amendment may affect adjacent land uses. The report advised that the project is located within the Community Redevelopment Agency project area and the applicant had initiated preliminary discussion regarding financial assistance for necessary public infrastructure. Exhibits were on display and discussion ensued regarding the importance of including study of the project with the Northwest Sector Planning, particularly as it relates to the extension of Alipaz Street, access to the Transportation Corridors and flood control. Bob Gannon, 31941 Alipaz Street, was advised of the location of the project. Patrick McClellan, 31612 Paseo Rita, requested notification of any Hearings regarding the proposed Amendment. Initiation of Amendment: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to initiate consideration of General Plan Amendment 87-4 (Butler), noting that such consideration in no way implies an intent to either approve and disapprove the proposal. The Amendment is to be considered concurrently with the Northwest Sector Planning Study; however, it is not to be held up by the Northwest Sector Planning Study should that Study not continue to move forward. DIRECTOR OF PUBLIC WORKS _--> 1. AWARD OF CONTRACT - 1988 WEED ABATEMENT PROGRAM (600.30)i�— Written Communications: Report dated January 19, 1988, from the Director of Public Works, forwarding results of bids received for the 1988 Weed Abatement Program. The report recommended award of the bid to Gardner Tractor Service. The Director of Public Works noted that the amounts listed on Page 17 of the Contract had been corrected. Award of 1988 Weed Abatement Program Contract: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to accept the bid as complete and to award the contract to the low responsible bidder, Gardner Tractor Service of Cypress, in the amount of $26,339. -6- 1/19/88 AGENDA ITEM TO: FROM: SUBJECT: SITUATION • Wary 19, 1988 Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works Award of Contract - 1988 Weed Abatement Program In accordance with Ordinance No. 348, which sets procedures for the abatement of weeds and refuse, the City sent bid packages for estimates to eight contractors. We have just completed the solicitation of proposals for the 1988 Weed Abatement Program. These bids are good until February 25, 1988 and the results are as follows: Gardner Tractor Service Apple's Tractor Service H be M Excavating $26,339 $31,886 $99,830 Apple's Tractor Service was the contractor hired for the City's 1987 Weed Abatement Program. A new contractor was the low bidder for the 1988 Weed Abatement Program. A review of the qualifications of Gardner Tractor Service has determined their services and equipment as acceptable and their bid is complete. Gardner Tractor will be able to begin the abatement process in accordance with our proposed schedule. The 1988 Weed Abatement Program is anticipated to commence in May and will be completed by early June. Any additional service will take place throughout the year and will be performed by Gardner on a call-back basis. NOTIFICATION Gardner Tractor Service Apple's Tractor Service H be M Excavating COMMISSION/BOARD REVIEW, RECOMMENDATIONS None FINANCIAL CONSIDERATIONS This program is financed by the property owners who require abatement service. An additional 25 percent administration fee is assessed to each abated property to cover administrative staff time, City overhead and field inspection. In 1987, the Weed Abatement Program assessments totaled $44,417.44. With the increase in developed property and a more aggressive notification procedure, the 1988 program is anticipated to require less City contractual participation. Additionally, the Gardner Tractor bid items were less than the 1987 proposal which should reduce the cost of the total program. iy. Agenda Item • • 3anuary 19, 1988 Page 2 ALTERNATE ACTIONS 1. Determine the bid by Gardner Tractor Service as complete; approve the award of contract to Gardner Tractor Service for the 1988 Weed Abatement Program for $26,339; and authorize the Mayor and City Clerk to execute the documents on behalf of the City. 2. Do not accept the bid. 3. Request additional information from staff. RECOMMENDATION By motion, accept the bid as complete; award the contract to Gardner Tractor Service; and authorize the Mayor and City Clerk to execute the documents on behalf of the City. Respectfully submitted, \,.\),['�.6' W. D. Murphy WDM:DDD:kjs • B I D 0 PO K I N G REPORT Bids opened .ianuary 11 1988 at '00 aWi(/gym Project Title 1988 meed and Rubbish \batement Project Engineer Cindy Ferguson Pre -Bid Estimate S1D,OOo.no Bidder: Bid ._d ?mount Bond 1. Apple's Tractor Service Diskine S6, cm -4?' Edging /v. O -C=- Mowing %S'• 6-n Parkways /0, no Hand Labor 1/h, 00 Cleanup >�_)as 2• Gardner Tractor Irking �� ;6-b Edging �. Rowing 7o. 6b Parkways /�$, Uig Hand Labor F. Cleanup 3• H$ M Excavating Disking Oy 7 perE . Edging 6D r� dowing 6> 7Uer 4• Parkways Hand Labor Cleanup y0 Edging : io.aing Parkways Hand Labor Cleanup S• n, ck=pg Edging Aiowing Parkways Hand Labor Cleanup cc: City Clerk's Staff (3) Signed Public works (3) City Manager (1) Dated The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. • 3:0 PROPOSAL WEED S RUBBISH ABASEMENT - 1988 COMPANY Gardner Trarrn.- Cor.,; -o DATE 1/8/88 ADDRESS LOT SIZE IN SQUARE FEET DISKING EDGING* !!OWING 0 to 7,200 sq. ft. S 35.00 S 18.00 560.00 7,201 to 21,780 sq. ft. S 40.00 $ 18.00 $60.00 21,781 cc 43,560 sq. ft. $ 48.00 $ 25.00 $70.00 1 acre and over S 48.00 $ 8.00 $70.00 •Edging of acreage shall be bid per 100 lineal foot. Parkways - per 100 square feet $ 15.00 Hand labor and tools - per 100 square foot. Includes all Labor and equipment necessary :o • clean designated property and dispose of rubbish accumulated. $8.00 Trash cleanup and disposal per cubic yard $19.00 If awarded the contract, we agree cc begin work per specifications and to complete per specifications. • We further agree to enter into contract within 15 days and furnish bonds in the form prescribed by the City. This is a valid and binding proposal to do all the work herein bid upon for the prices set forth above. -11- E • • 0 0 BID PROPOSAL (Continued) WEED 6 RUBBISH ABA SV VT The undersigned hereb? declares, as bidder, that the 2ri-es, terms or conditions of said bid have not been communicated by :ie under- signed cc any employee or agent of the City of San Juan Capistrano. that the proposal is genuine. and not sham or collusive, nor made in the interest or in behalf of any person not herein named, and chat the bidder has not directly or indirectly induced or solicited any ocher bidder to put in a sham bid, or any ocher person, firm or corporation to refrain from bidding, and chat the bidder has aoc in any manner sought by collusion to secure for himself an advantage over any other bidder. California State Contractor's License No.: / Company r�ra or Trartnr Sarvice By:/ Address:Rrr) Smmnar Pl Cvnra.cc Tit -e: owner Ca 90630 Date: 1/8/88 Telephone No.: 714-527-6830 Are sub -contractors to be used on this prosect'. Ten No x If Yes, please complete chs following: `lame of sub -contracting company: Address: Telephone No. Type of Work: Name of sub -contracting company: Address: Telephone""No. Typo of Work: If more than two sub -contractors are to be used please ::s: additional companies an a separate sheet. All bids must be received by the Cicy prior to the hcu: on the Notice Inviting Bids or they shall be retu:zed unope^.ed. -12- • . STATIISENT OF EEPERIENO� THIS PACE TO DE COMPLETED BY BIDDER AND SUBIITTED 10 CITY AS PART OF YOUR QUOTATION. 1. John Gardner Gardner Tractor Service Bidder 6 Name Company Name j. 8662 Sumner P1 Cypress Ca 90630 Business Address 3. 714-527-6830 Business Telephone Number 4. Previous Contracts Completed -- Last Five (5) Years From To Jurtmdierien H--• w.AA . 1 84 to 88 La Habra Heights Mike Scruggs $ 47.000.00 84 to 88 Costa Mesa Tom Mac Duff 95 00.00 85 to 88 Stanton Gene Gieb 1300.00 85 to 88 Westminster John Jobson 9000.00 86 to 88 Buena Park Dave Gave 9000.00 85 to 88 County of Los Angeles John Kincaid 35.000.00 84 to 86 City of Irvine Ron Datol 1500.00 84 to 85 City of La Habra Barbra Wellins 35.000.00 86 to 88 City of Pomona Rueban Triana 120.000.000 NOTE: I! more than twelve contracts were completed, please attach additional sheet. Q '^ , Signed: a2= l ame - Aka,5• Company -13- • 5:,.:EMZNT OF EQC:P.t� IRIS PAGE TO BE COMPLETED BY BIODEII AND SUBMITTED TO C:TY AS PART OF YOUR QUOTAT:ON. • 1, John Gardner Gardner Tractor Service Bidder's Name Company .1ama 11 2. 8662 Sumner P1 Cypress Ca 90630 Business Address 3,714-527-6830 Business Telephone Numoer 4. State below the information for each tractor you have available for work. Type of Equipment :lake of Tractor Serial Required You are Offerine Model Year lumber Rubber-cired tractors and graders Ford 540 80 Caterpillar 0-4 or Equal with Disc and Angle Dozer Blade Cat D-4 E 81 29X 0770 Cat D-4 E 82 29X 0803 If your equipment (tractor, disc, or blade) does act comply with the specifications of equipmenc specified, state wherain, your equi,jment differs so that full consideration can be given to all offers. REMARKS: Signed: jJ a z - Name Company -14- • 11 C� J STATEMENT OF GENERAL INFORMATION his name or any ocher ever had a concracc cancelled or terminated for any reason? If so, please explain. The above information is true and accurace to the besc of my knowledie /j,Ajj late Signed: ame Gardner Tractor Service Company THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF YOUR QUOTATION -15- Yes Ho 1. Are you the legal owner of all equipment being offered? © C_ 2. Do you intend employtng subcontractors in any phase of (...J the clearing operation? 3. Do you or any subcontractor you intend to employ have Q C any additional contractual commitments occurring during the term of this contract? If so, please list them. Wacrmincrar r.n.cta Mesa Buena Park 4. Do you agree to make all equipment offered available for ® G inspection at one location on a mutually—established date? If not, please explain. S. Have you under your name or any other ever had a contract L7 G cancelled or terminated for any reason? If so, please explain. 6. Has any subcontractor that you intend to employ under ® G his name or any ocher ever had a concracc cancelled or terminated for any reason? If so, please explain. The above information is true and accurace to the besc of my knowledie /j,Ajj late Signed: ame Gardner Tractor Service Company THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF YOUR QUOTATION -15- AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange I am a citizen of the United States and a resident of the County aforesaid: I am over the age of twenty one years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Capistrano Val- ley News, a newspaper of general circulation in the City of San Juan Capistrano, County of Orange, and which newspaper has been adjudicated to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, June 5, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange and the South Orange County Judicial District; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supple- ment thereof on the following dates, to wit: January 14,1988 I declare under penalty of perjury that the foregoing is ture and correct. Executed at Mission Viejo, Orange County California, this ... 14... dayof Jan 1888 Signature Capistrano Valley News 23811 Via Fabricante P.O. Box 3629 Mission Viejo, Calif., 92690 0 This space is for the County Clerk's Filing Stamp REOUVEa ,)AN 19 4 59 PM T � M +4L 00% 9E;s �NIMfNI CIP%1'-'r .43 Proof of Publication of NOTICE INVITINC BIDS 1988' I.'F'EDA'STD'RUBEISi'iiBATEIIEr'T' ''' NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Jody Kolar, Legal FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: PROOF OF PUBLICATION: AUTHORIZED BY: X, -)/ o,/, DATE: December 22, 1987 Date of Bid Opening Date (s) notice published Date affidavit received Date notice posted in designated posting places (3) 0 THURSDAY, DECEMBER 31, 1987 THURSDAY, JANUARY 7, 1988 NOTICE INVITING BIDS - 1988 WEED AND RUBBISH ABATEMENT Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 - 01/11/88 - 12/31/87 - 01/07/88 - 12/31/87 0 NOTICE INVITING BIDS 0 1988 WEED AND RUBBISH ABATEMENT Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the 1988 Weed and Rubbish Abatement until 2:00 P.M. on the 11th day of January, 1988. A pre-bid conference is scheduled at 10:00 A.M. on the 4th day of January, 1988, at the City offices to assist contractors. Copies of Specifications may be obtained at no charge at the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Dated: December 22, 1987 a CITY CLE CITY OF N JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA 0 0 NOTICE INVITING BIDS 1988 WEED AND RUBBISH ABATEMENT CITY OF SAN JUAN CAPISTRANO Public notice is hereby given that sealed bids, clearly marked "Bid for Weed and Rubbish Abatement", will be received at the office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California, until 2:00 p.m. on January 11, 1988, and will be publicly opened and read on said day and time. Any bid received after the scheduled closing time for receipt of bids shall be returned. A pre-bid conference is scheduled at 10:00 a.m, on the 4th day of January 1988, at the City offices. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the contract documents or specifications. It is the contractor's responsibility to 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, explanation, or interpretation of contract documents or specifications presented to the bidders in any manner. Specifications may be secured at the office of the City Clerk at City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California, at no charge. The work generally includes discing, mowing, edging, handwork, and removal of rubbish, from identified parcels in the City of San Juan Capistrano. All proposals filed shall be in the form furnished by the City and attached hereto. The City Council reserves the right to reject any and all proposals. This notice is hereby given and published by order of the City Council of the City of San Juan Capistrano and is dated December 17, 1987. City Clerk San Juan C istrano Orange County, California 0 9 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (345.60) The City Treasurer's Report of 1911 .Act Bond Delinquencies as of November 30, 1987, in the total amount of $32.93, was approved as submitted. 4. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50) The City Treasurer's Report of Cash Fund Balances as of August 31, 1987, in the total amount of $376,387.57, and as of September 30, 1987, in the total amount of $354,086.20, was approved as submitted. 5. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60) The Report dated December 15, 1987, from the Secretary of the Cultural Arts and Heritage Commission, regarding actions taken at the meeting of November 24, 1987, was ordered received and filed. 6. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Reports dated December 15, 1987, from the Secretary of the Planning Commission, regarding actions taken at the meetings of November 24, and December 8, 1987, were ordered received and filed. 7. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS - 1988 WEED ABATEMENT PROGRAM 600.30 < � As set forth in the Report dated December 15, 1987, from the Director of Public Works, the Specifications for the 1988 Weed Abatement Program were approved. Staff was authorized to call for bids. 8. AWARD OF CONTRACT - As set forth in the Report dated December 15, 1987, from the Director of Public Works, the contract for construction of the Vereda Bikeway from Via Estenaga to Avenida Siega was awarded to the lowest responsible bidder, Zagros Company of Irvine, in the amount of $39,416.30. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 9. DENIAL OF CLAIM (EILEEN POESNAER) (170.70) As set forth in the Report dated December 15, 1987, from the City Attorney, the claim presented to the City on September 3, 1987, by Attorney Howard Neufeld on behalf of Eileen Poesnaer, in the amount of $250,000 general damages and $5,200 special damages, was denied. 10. AFFIRMATION OF LOCAL APPOINTIVE LIST FOR COMMISSIONS, BOARDS AND COMMITTEES 110.40) As set forth in the Report dated December 15, 1987, from the City Clerk, the lists of Commissions, Boards, and Committees were affirmed as submitted. Council -3- 12/15/87 0 0 AGENDA ITEM December 15, 1987 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Review of Specifications and Authorization to Call for Bids - 1988 Weed Abatement Program SITUATION City Ordinance No. 348 provides for the annual abatement of noxious and hazardous vegetation and refuse throughout the City. During April and May, inspections of all properties of the City are conducted. If a property appears to have a potential weed/debris problem, the owners are notified by letter. The owners are advised to clean their properties within 30 days. If the property is not cleared of weeds, etc., a private contractor, who is awarded the contract by the City Council, will clear the property under the direction of the enforcement officer. Discing, mowing, and handwork charges are by the square foot. These charges, along with a 25% administrative charge, are added to the owner's property tax bill. The administrative charge covers the cost for the inspector's time, computer time, printing, mailing costs and all other expenditures associated with the Weed Abatement Program. The total dollar amount for the 1987 Weed Abatement Assessments was $51,684.75. It is our wish to solicit ne our City change the type once disced by tractor rr solicit new proposals wit insure that the City obta we are to implement n necessary at this time to begin. NOTIFICATION Apple's Tractor Service Doco Weed Control Rowe Weed Abatement R.E. Equipment Juan Lambaren H be M Excavating Boyce Munoz John Gardner w proposals for this service. As the physical characteristics of of work performed to abate weeds changes. Areas that were iy now have to be mowed, edged or handworked. We need to i current expenses that reflect these changes. Thus, we can ns the best and most economical contracts for its citizens. If :w agreements before the 1988 program commences, it is review the specifications so that advertising for new bids may COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not applicable f,OR ;;sof l t°} :l?4 1 Ar. UNOA Agenda Item • • December 15, 1987 Page Two FINANCIAL CONSIDERATIONS All costs associated with private property abatements will be assessed the individual landowners, including a 25% administrative charge. The 1987 Weed Abatement Program assessed 191 properties for a total of $51,684.74. These assessments were submitted to the Orange County Auditor -Controller for inclusion on the property tax roll. ALTERNATE ACTIONS 1. Approve the specifications for City Weed Abatement and authorize advertising for bids. 2. Do not authorize the advertising for bids. 3. Refer to staff for additional information. RECOMMENDATION By motion, approve the specification for City Weed Abatement Program and authorize the advertising for bids. Respectfully sub tted, W. D. Murphy Attachment WDM/DDD;kjs 0 MEMORANDUM dson v e m(OR voaeuo anamam 1961 1776 TO: Interested Persons FROM: Mary Ann Hanover, City Clerk DATE: January 22, 1988 SUBJECT: Award of Contract - 1988 Weed Abatement Program MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN The City Council of the City of San Juan Capistrano at its regular meeting held January 19, 1988, took action to award the contract for the 1988 Weed Abatement Program to the low responsible bidder, Gardner Tractor Service. All other bids were rejected. Thank you for your interest in this project. If we can be of further assistance, please call. MARY ANN -NOVER, CMC MAH/mac cc: Director of Public Works Apple's Tractor Service H & M Excavating 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 H Id PO 9 oo r r r r o "' O r o r o o r o r t7 M r o o r r o o r t) r pd ror " " R " H " R " RCl �Z r d o . . w 9 d o . .. .. w .. 9 z ty .. n m 9 . .. O r v N N I n O I y V O N 10 t7 m I N (�D x I N D W 1 O d !n 00 o g W o v QD o ro M m K v, H o A o v t9" H H H` f 1 I c' o a n a' v' v' o Ma' x C .00 H H H H fr 7 H imp Iv I F NONC�oC� ' � NGoGCj O G �W Ops t o cn z �OK�. clq� Q . �• A NNIS r -ss wt�/� _ Ci _ O aQ 'A, N 0p I v 0 N 0 Certificate of Insuranc The Nationwide Insurance Compan&icated below certifies that the insurance ded by the policy or policies numbered and described below is in force as of the effective date of this certificate. This Certificate of Insurance does not amend, extend, or otherwise alter the Terms and Conditions of Insurance coverage contained in any policy or policies numbered and described below. RECEIVED Certificate Holder's Name and Address: FEB $ �wp[it t'k�, VAd*.u: r -11 City of San Juan Capistrano 'IFYCLERN ULfAiyTuFHT 32400 Paseo Adelanto f Ty 4i; *- San Juan Capistrano, CA 92675 }1�"""t 14WiiT RAN:j AN Attn: Citv Clerk Dept. Gardner Trucking Tractor Service John Gardper Individually 8662 Summer Street Cypress, CA 90630 in force only for hazards indicated by X. of Ooerations/ NATIONWIDE MUTUAL INSURANCE COMPANY NATIONWIDE MUTUAL FIRE INSURANCE COMPANY TIONWIDE PROP. TY AND CASPAVY INSURANCE COMPANY o Is Oh*p Date Certificate Issued2/7/89 Count.rtlgned on Orange, CA Seemary Sandra M. Archei c-Prestd�e,t_._ Cee. 3103-1-90 DESCRIPTIVE SCHEDULE TYPE OF INSURANCE POLICY NUMBER AND ISSUING COMPANY POLICY EFFECTIVE POLICY EYMIRAT!ON MMITS 3'e 'LIABILITY DATE DATE GENERAL LIABILITY General CR Premises - Operations Aggregate 1,000,000 C3 Products - Completed Pr., Comp. Op. Agg, 1,000,000 Operations 73 PR 005 895 5004 1/20/89 .1/20/90 Each Occurrence 1,000,000 Any One Person or 1 Organization ,000,000 (a Personal and Advertising Injury NATIONWIDE MUTUAL C1 Medical Expense INSURANCE COMPANY Any One Person 5,000 9 Fire Damage Legal Any One fire 50,000 ❑ Other Liability AUTOMOBILE LIABILITYBodily Injury OCCURRENCE CB Comprehensive Form 73 BA 005 895 0001 '1/20/89 1/20/90 (Each Person) CR Owned NATIONWIDE MUTUAL Bodily Injury (Each Accident) CB Hired INSURANCE COMPANY Property Damage C$ Non -Owned Bodily Injury and Property Damage 1,000,000 Combined EXCESS LIABILITY Bodily Injury and Occ. Umbrella Form Property Damage Combined Agg• Workers' Compensation STATUTORY LIMITS and 73 WC 005 895 0003 1/20/89 1/20/90 Bodily Injury ach Accident 100,001 NATIONWIDE MUTUAL by Accident Employers' Liability INSURANCE COMPANY Bodily Injury SOO,000Policy Limit by Disease Bodily Injury Each Employe. by Disease 100,000 in force only for hazards indicated by X. of Ooerations/ NATIONWIDE MUTUAL INSURANCE COMPANY NATIONWIDE MUTUAL FIRE INSURANCE COMPANY TIONWIDE PROP. TY AND CASPAVY INSURANCE COMPANY o Is Oh*p Date Certificate Issued2/7/89 Count.rtlgned on Orange, CA Seemary Sandra M. Archei c-Prestd�e,t_._ Cee. 3103-1-90 \ 73 PR 0 895 5004 • POLICY NUMBER: GARDNER TRUCKING/TRACTOR SERVICE, COMMERCIAL GENERAL LIABILITY JOHN GARDNER, INDIV. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Clerk Dept. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your work" for that insured by or for you. CG 20 10 1185 Copyright, Insurance Services Office, Inca. 1984 ❑ POLICY NUMBER 73 PR 895 5004 • COMMERCIAL GENERAL LI-EI,ITY GARDNE . RUCKING/TRACTOR SERVICE, JOHN GARDNER INDIV. THIS ENDORSEMENT CkANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART. SCHEDULE Number of Days 30 (If no entry appears above. information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) Paragraph 2. of CANCELLATION (Common Policy Conditions) is replaced ny the following: 2. We may cancel this Coverage Part by mailing or delne•ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for non payment of premium. or b. The number of days shown in the Schedule before the effective date of cancellation if we cancel for any otherreason. CG 02 12 1185 Copyright. Insurance Services Office. Inc., 1984 0 0 681 S. PARKER STREET, ORANGE CALIFORNIA 92668 HOMEOFFICE. COLUMBUS, OHIO JUNE 5o IS8E CITY CF SAN JUAN 'LAP ISIR ANLL 324CO PASEL ADELANTC SN JOAN CAPISTRANC CA 52675 PCLICY 73 P°3 J{)5-855-5004 ncIvn N NATIONWS U RANK E lip 0. Nationwide is on your side JuN i tNStkE1J JOHN GARDNER NAME AND DEA GARDNER TRUCKING TRACTLA ADDkESS SERVICE 8662 SUMNER ST. CYPRESS LA 50630 THE CANCELLAILILK INUTILE RECervTLY SENT TL YOU CCNLERNING THIS PCLICY IS HEREBY WITHDRAWN WITH NO LAPSE IN PROTECTION. NATIUNWIUc MUTUAL INSURANCE COMPANY NATIONWIDE MUTUAL INSURANCE COMPANY NATIONWIDE MUTUAL FIRE INSURANCE COMPANY NATIONWIDE LIFE INSURANCE COMPANY NATIONWIDE GENERAL INSURANCE COMPANY NATIONWIDE PROPERTY AND CASUALTY COMPANY 0 L 3 0 Certificate of Insurance The Nationwide Insurance Company Weed below certifies that the insurance offoe by the policy or policies numbered and described below is in force as of the effective date of this certificate. This Certificate of Insurance does not amend, extend, or otherwise alter the Terms and Conditions of Insurance coverage contained in any policy or policies numbered and described below. Fo- Certificate Holder's Name and Address: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ATTN: CITY CLERK DEPT. Insured's Name and Address: � Gardner Trucking Tractor Service John Gardner Individually 8662 Sumner Street Cypress, CA 90630 in force only for hazards indicated by X. DESCRIPTIVE SCHEDULE TYPE OF INSURANCE POLICY NUMBER AND POLICY EFFECTIVE POLICY EXPIRATION LIMITS OF LIABILITY ISSUING COMPANY DATE DATE NATIONWIDE MUTUAL INSURANCE COMPANY GENERAL LIABILITY NATIONWIDE MUTUAL FIRE INSURANCE COMPANY 15 Z „- cc �v ti 'w NATIO DE PROPERTY AND CASUA INSURANCE COMPANY io General 1,000,000 Ej Premises - Operations Aggregate Pr. Comp. Op. Agg. 1,000,000 C3 Products -Completed Operations 73 PR 005 895 5004 1/20/88 1/20/89 Each Occurrence 1,000,000 Any One Person or 1,000,000 Organization [7J Personal and Advertising Injury NATIONWIDE MUTUAL [$ Medical Expense INSURANCE COMPANY Any One Person 5,000 Q Fire Damage Legal Any One Fire 50,000 O Other Liability AUTOMOBILE LIABILITY Bodily Injury OCCURRENCE E3 Comprehensive Form 73 BA 005 895 0001 1/20/88 1/20/89 (Each Person) CR Owned NATIONWIDE MUTUAL Bodily Injury (Each Accident) EX Hired INSURANCE COMPANY Property Damage C$ Non -Owned Bodily Injury and Property Damage 1,000,000 Combined EXCESS LIABILITY Bodily Injury and Umbrella Form Property Damage cc. Combined gg• Workers' Compensation STATUTORY LIMITS 73 WC 005 895 0003 1/20/88 1/20/89 Bodily Injury och Accident 100,00f� and NATIONWIDE MUTUAL by Accident Bodily Injury SOO,000Policy limit Employers' Liability INSURANCE COMPANY by Disease Bodily Injury Each Employee by Disease 100,000 in force only for hazards indicated by X. on of OperatIM/Locations/ ^^pp /RestrictionsL6peciol Items. NATIONWIDE MUTUAL INSURANCE COMPANY N >' NATIONWIDE MUTUAL FIRE INSURANCE COMPANY 15 Z „- cc �v ti 'w NATIO DE PROPERTY AND CASUA INSURANCE COMPANY io IDare Certificate Issued Cm 7251— i -e6 w 2/1/88 Orange, CA sectau Sandra M. Archer President Countersigned at: Authorized Representative 73 PR 0895 5004 • POLICY NUMBER: GARDNER TRUCKING/TRACTOR SERVICE, COMMERCIAL GENERAL LIABILITY JOHN GARDNER, INDIV. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ATTN: CITY CLERKS DEPT. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. 2/1/88 CG 20 10 1185 Copyright, Insurance Services Office. Inc., 1984 ❑ GAKUNEK IKUCKING/IRACIUR SERVICE, --"--l-I11'0'41" ER IN THIS ENDORSEM CHANGES THE POLICY. PLEAREAD IT CAREFULLY. CANCELLATION BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART. SCHEDULE Number of Days 30 (If no entry appears above, information required to complete this Schedule will be shown -n the Declarations as applicable to this endorsement.) Paragraph 2 of CANCELLATION (Common Policy Conditions) is replaced ny the following: 2. we may cancel this Coverage Part by mailing or delive- ng to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for non payment of premium. or b. The number of days shown in the Schedule before the effective date of cancellation if we cancel for any other reason. CG 02 12 1185 Copyright, Insurance Services Office. Inc.. 1984 0 • MEMORANDUM dean � I� 15 A1lUM10 1961 1776 TO: Interested Persons FROM: Mary Ann Hanover, City Clerk DATE: December 21, 1987 SUBJECT: Approval of Specifications and IL MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER FRILL IP R. SCHWARTZE CITY MANAGER STEPHEN S JULIAN Authorization to Solicit Bids for 1988 The City Council of the City of San Juan Capistrano at its regular meeting held December 15, 1987, approved the specifications for the 1988 City Weed Abatement Program and authorized the advertising for bids. Copies of the specifications are available in the City Clerk's Department. If we can be of further assistance, please call. 7 MARY ANN H MAH/mac cc: Director of Public Works Apple's Tractor Service Rowe Weed Abatement R. E. Equipment Company Juan Lambaren H and M Excavating Boyce Munoz John Gardner Doco Weed Control 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 • CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS WEED AND RUBBISH ABATEMENT JANUARY 1, 1988 • CITY COUNCIL ANTHONY L. BLAND, MAYOR PHILLIP R. SCHWARTZE KENNETH E. FRIESS LAWRENCE F. BUCHHEIM GARY L. HAUSDORFER CITY MANAGER S. B. JULIAN DIRECTOR OF PUBLIC WORKS W. D. MURPHY JANUARY 1988 • 0 TABLE OF CONTENTS SPECIFICATIONS AND CONTRACT DOCUMENTS WEED .AND RUBBISH ABATEMENT - 1988 TITLE PAGE I. Award and Execution of Contract........................................2 II. Scope of Work.........................................................3 III. Proposal Requirements..................................................5 IV. Control of Work........................................................6 V. Legal Relations and Responsibility........................................8 VI. Prosecution and Progress...............................................10 VII. Bid Proposal..........................................................11 Vill. Statement of Experience...............................................13 IX. Statement of Equipment...............................................14 X. Statement of General Information.......................................15 • XI. Agreement for Weed Abatement........................................16 0 0 0 • NOTICE INVITING BIDS 1988 WEED AND RUBBISH ABATEMENT CITY OF SAN JUAN CAPISTRANO Public notice is hereby given that sealed bids, clearly marked "Bid for Weed and Rubbish Abatement", will be received at the office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California, until 2:00 p.m. on January 11, 1988, and will be publicly opened and read on said day and time. Any bid received after the scheduled closing time for receipt of bids shall be returned. A pre-bid conference is scheduled at 10:00 a.m. on the 4th day of January 1988, at the City offices. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the contract documents or specifications. It is the contractor's responsibility to 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, explanation, or interpretation of contract documents or specifications presented to the bidders in any manner. Specifications may be secured at the office of the City Clerk at City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California, at no charge. The work generally includes discing, mowing, edging, handwork, and removal of rubbish, from identified parcels in the City of San Juan Capistrano. • All proposals filed shall be in the form furnished by the City and attached hereto. The City Council reserves the right to reject any and all proposals. This notice is hereby given and published by order of the City Council of the City of San Juan Capistrano and is dated December 17, 1987. City Clerk San Juan Cal0istrano Orange County, California L 0 0 • AWARD .AND EXECUTION OF CONTRACT Award of Contract - Award of the contract, if it be awarded, will be made within forty-five 45 days after the opening of bids, to the lowest responsible bidder at the discretion of the City Council. 2. Execution of Contract - The contract shall be signed by the successful bidder and returned, together with the two (2) contract bonds and satisfactory evidence of insurance, within fifteen (I5) days after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract by the City. The City reserves the right not to execute the contract even after the awarding of the contract. 3. Failure to Execute Contract - Failure to execute the contract and file acceptable bonds and satisfactory evidence of insurance, as provided below, within fifteen (15) days after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal security. If the successful bidder refuses or fails to execute the contract, the work may then be readvertised or may be awarded to the second lowest responsible bidder or may be performed by City forces. 4. Workmen's Compensation Insurance - The contractor shall furnish satisfactory evidence that he has taken out for the period of the contract, full compensation • insurance with a company authorized to transact business in this State and such insurance shall be maintained in full force and effect at his own expense during the lift of the contract. • -2- 0 SCOPE OF WORK Work to be Done - Work to be done consists of furnishing all labor, methods of processes, implements, tools, machinery and materials, which are required to identify, list and clean those areas designated by the City representative, and to leave the grounds in a neat condition. If the City representative determines that the contractor has not satisfactorily cleaned any designated areas, he shall cause the payment for the cleaning of such areas to be withheld until such areas are properly cleaned. The contractor shall furnish and maintain maps designating exact locations and areas of lots and parcels cleaned. He shall submit to the City, reports of completion of work identifying each parcel by Orange County Assessor's Code Number, Book Number, Page Number, and Parcel Number, together with the costs for each parcel according to the unit cost schedules of this agreement. Such reports shall be signed and sworn to by the Contractor. All work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the City representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. 2. Discin - Lots and parkways shall be disced with an approved double throw disc at a sufficient depth to place weeds under the finished soil surface. Discing shall be performed in such a manner as to completely eliminate all standing weeds and shall • be satisfactory to the City representative. 3. Mowing - When, in the opinion of the City representative, discing is impractical or proves unsatisfactory, weeds shall be cut to within two (2) inches of the finished soil surface with an approved mechanical mower. 4. Rubbish and Tumbleweed Removal - Removal of rubbish and tumbleweeds shall be performed in a workman -like manner satisfactory to the City representative. Rubbish to be removed shall be loaded by approved mechanical means. Where, in the opinion of the City representative, mechanical loading is impractical or proves unsatisfactory, the contractor shall load said rubbish manually. The contractor shall remove only such materials designated for removal by the City representative on the job. If the contractor removes undesignated materials, he shall return such materials to the site from which they were removed, and no additional compensation will be made therefore. Rubbish shall be disposed of at approved locations. The current disposal charge at the Prima Deschecha Landfill is $6.00 per ton. After removal operations have been completed, the grounds shall be left in a neat and presentable condition satisfactory to the City representative. 5. Alterations - The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City; also, to make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion -3- • thereof, and such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written order of the City representative, contractor shall proceed with the work as increased, decreased or altered. 6. Extra Work - New and unforeseen items of work will be classes as extra work when they cannot be covered by any of the various items or combinations thereof for which there is a bid price. • The contractor shall do such extra work and furnish such materials and equipment therefore as may be required in writing by the City representative but he shall do no extra work except upon written order, and in the absence of such written order he shall not be entitled to payment for any extra work. All bills for extra work done shall be filled in writing with the City representative. For such extra work, the contractor shall receive compensation at the prices previously agreed upon in writing. 7. Lot Cleaning - Lots cleaned by discing, edging and/or mowing or a combination of the above, shall be hand cleaned along the edges, slopes, parkway, and/or other areas where machine cleaning is not practical only as directed by the City representative. Lots so located as to be unsuitable for machine cleaning will be hand cleaned only as directed by the City representative. The price for such cleaning will be paid for as hand labor per square foot with a 100 foot minimum. 8. Authorization of Work - Work will not be performed without prior approval and only as authorized by the City representative. S2 • PROPOSAL REQUIREMENTS 1. Proposal Form - Bids shall be submitted upon the proposal form provided therefore, properly executed with prices stated in figures. The form must be signed by an authorized representative of the bidder. 2. Withdrawal of Bids - .any bidder may withdraw his bid, either personally or by written request, at any time prior to the scheduled time for opening of bids. 3. Rejection of Proposal - Proposals containing alterations, additions not called for, conditional alternative bids, incomplete bids, or irregularities of any kind may be rejected. The right to reject any and all proposals is reserved to the City Council as is the right to waive any irregularities deemed to be in the best interest of the City. 4. Award of the Contract - The award of the contract, if awarded, will be to the lowest responsible bidder whose proposal complies with the requirements herein described. In determining the responsibility of bidders, consideration shall be given to the experience, ability and equipment of the bidders. Award or rejection of all bids will be made within forty-five (45) days after opening. 5. Examination of Specifications and Site or Work - the bidder shall examine carefully The Specifications and site or work contemplated, and it shall be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and as to the . requirements of these Specifications. It is mutually agreed that submission of a proposal shall be considered "conclusive" evidence that the bidder has made such examination. • 6. Designation of Subcontractors- Any subcontractor doing work shall be designated on the proposal schedule attached herewith. 7. Disqualification of Bidders - More than one proposal from an individual, a firm or partnership, a corporation or an association under the same or different names will not be considered. Reasonable ground for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. 8. Competency of Bidders - Bidder shall furnish with bid a complete statement of his financial ability and experience in performing similar public works projects. (See attached State of Experience) -5- • CONTROL OF THE WORK Authority of City - The City representative shall decide all questions as to the quality or acceptability of the work performed and 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, and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions and orders which the contractor fails to carry out promptly. 2. Interpretation of Specifications - Should it appear that the work to be done or any matter relative thereof is not sufficiently detailed or explained in these specifications, the contractor shall apply to the City representative for such further explanations as may be necessary and shall conform to them as part of the contract, so far as may be consistent with the original intent. In the event of doubt or question relative to the true meaning, reference shall be made to the City Council, whose decisions thereon shall be final. 3. Inspection - The City representative shall at all times have access to the work during its progress, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of these specifications. Inspection of the work shall not relieve the contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, and • unsuitable materials may be rejected notwithstanding that such defective work and materials have been previously overlooked by the City representative and accepted or estimated for payment. 4. Equipment - The contractor shall provide adequate and suitable equipment to meet the above requirements, and when ordered by the City representative, shall remove unsuitable equipment from the work. Minimum Equipment List: a. Two track -type tractors (Caterpillar size D-4 or equal, and being less than ten years old) equipped with the following: 1. A minimum 7'6" wide disc of pull -type off -set with blades of twenty-six inches or larger. 2. Minimum weight of disc shall be two ton. b. One rubber -tired tractor with the following equipment available: I. A skip -load bucket not less than ; cubic yard capacity. 2. A disc. 3. One flail mower with minimum 50 HP. c. Two rubbish trucks with loading capacity of 20 yards or greater. d. One chain saw. • e. One hand -operated mower. -6- 0 0 • f. Transport trailers capable of jackknifing all public curbs and sidewalks in order to avoid damage to same. • • g. Weed eaters and other hand tools. All equipment must have suitable transport and be equipped with an approved spark arrestor, fire extinguisher, and wheel chocks where applicable. All equipment shall be available for inspection within ten (10) days after bidders have been contacted. Unsatisfactory equipment will be rejected. In the event bidder wishes to substitute other equipment for any item specified, such substitution shall be justified to the satisfaction of the City representative. -7- 0 0 • LEGAL RELATIONS AND RESPONSIBILITY I. Preservation of Property Due care shall be exercised to avoid injury to street improvements or facilities, utilities facilities, adjacent property, and roadside trees and shrubbery that are not to be removed. If ordered by the Director of Public works, the Contractor shall provide and install suitable safeguards, approved by the Enforcement Office, to protect such objects from injury or damage. if such objects are injured or damaged by reason of the Contractor's operations, they shall be replaced or restored at the Contractor's expense, to a condition as good as when the Contractor entered upon the work. It shall be the Contractor's responsibility to ascertain the existence of any underground improvements or facilities which may be subject to damage by reason of his operations. Full compensation for furnishing all labor, materials, tools and equipment and doing all work involved in protecting property as above specified, shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be made therefor. 2. Responsibility for Damaee The City of San Juan Capistrano and all its officers and employees, including the • City Council and the Enforcement Officer, shall not be answerable or accountable in any manner for any loss or damage that may happen to work or any part thereof; or for any material or equipment used in performing the work; or for injury or damage to any person or persons, either workmen or the public; for damage to adjoining property from any cause whatsoever, during the progress of the work or at any time before final acceptance. The Contractor shall indemnify and save harmless the City of San Juan Capistrano and all its officers and employees including the City Council and the Enforcement Officer and their duly authorized representatives, from any suits, claims or actions brought by any person or persons for, or on account of, any injuries or damages sustained or arising in the progress of the work or in consequence thereof. The City may retain as much of the money due the Contractor as shall be considered necessary, until disposition has been made of such suits or claims for damages as aforesaid. 3. Disposal of Materials Unless otherwise specified in the Special Provisions, the Contractor shall make his own arrangements for disposing of materials at adequate disposal sites as approved by the Enforcement Officer. No burning of materials to be disposed of will be permitted within the City of San Juan Capistrano. Unless otherwise provided in the Special Provisions, full compensation for all cost in • disposing of materials as above specified shall be considered as included in the prices -8- 0 9 • paid for the various contract items of work and no additional allowance will be made therefor. 4. Acceptance of Work Done The enforcement Officer will make inspections and determine that the work has been completed in all respects in accordance with these Specifications. He will recommend the City formally accept the work, and immediately upon and after such acceptance by the City, the Contractor will be relieved of the duty of maintaining and protecting the work as a whole, and he will not be required to perform any further work thereon. 5. Personal Liability Neither the City Council, the Enforcement Officer, nor any other officer or authorized assistant or agent shall be personally responsible for any liability under the contract. 6. Authority to Enter Private Premises to Abate Nuisance Reference is made to Section 39572 of the California Government Code which makes the following provisions: "The City Engineer (or any other office of the City) may enter upon private property to abate the nuisance" Any contractor with whom a contract has been entered into by the City hereunder, • and his assistants, deputies, employees, and agents, are hereby expressly authorized to enter upon private property for the purpose of abating the nuisance for which the contract was awarded. • ME 9 0 • PROSECUTION AND PROGRESS 1. Time of Beginning and Completion of Work The Contractor shall execute the contract and begin work within fifteen (15) days after execution of the contract or as directed by an enforcement officer who shall be appointed by the City Manager and shall diligently prosecute the same in compliance with dates set forth in the schedule contained elsewhere in these specifications. 2. Character of Workmen If any subcontractor of person employed by the Contractor shall fail or refuse to carry out the directions of the Enforcement Officer or shall appear to the Enforcement Officer to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately on the requisition of the Enforcement Officer, and such person shall not again be employed on the work. All employees shall be legally entitled to work in the State of California. 3. Temporary Suspension of Work The Enforcement Officer shall have the authority to suspend the work wholly, or in part, for such period as he may deem necessary due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary due to the failure on the part of • the Contractor to carry out orders given, or to perform the work in accordance with these Specifications. The Contractor shall immediately comply with the order of the Enforcement Officer to suspend the Aork wholly or in part. The work shall be resumed when conditions are favorable and methods are corrected, as ordered or approved by the Enforcement Officer. • In the event of a suspension of work under any of the conditions above set forth, such suspension of work shall not relieve the Contractor of his responsibilities. 4. Progress of Work Cleaning shall proceed in an orderly manner. Wherever possible, lots shall be completely finished prior to workmen proceeding to the next parcel. Any exceptions shall be approved by the Enforcement Officer. -10- • B'D PROPOSAL WEED S RUBBISH ABATEMENT - 190 COMPANY DATE ADDRESS LOT SIZE IN SQUARE FEET DISKING EDGING* YOWIYG 0 to 7,200 sq. fC. S $ S 7,201 to 21,780 sq. ft. $ $ $ 21,781 to 43,560 sq. ft. $ $ $ 1 acre and over $ S 5 *Edging of acreage shall be bid per 100 lineal foot. Parkways - per 100 square feat 5 Hand labor and tools - par 100 square foot. • Includes all Labor and equipment necessary :o clean designated property and dispose of rubbish accumulated. S • Trash cleanup and disposal per cubic yard $ If awarded the contract, we agree to begin work per specifications and to complete per specifications. We further agree to enter into contract within 15 days and furnish bonds in the form prescribed by the City. This is a valid and binding proposal to do all the work herein bid upon for the prices sat forth above. -11- • 0 0 BID PROPOSAL (continued) W££D 6 RUBBISH ABA:_:!£VT The undersiBasd hereby declares, as bidder, that the pries. :eras or conditions of said bid have not been communicated by :no under- signed cc any employee or agent of the Cicy of San Juan Capistrano, that the proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person noc herein named, and chat the bidder has noc directly or indirectly induced or solicited any ocher bidder cc put in a sham bid, or any ocher person, firm or corporation to refrain from bidding, and that the bidder has act is any manner sought by collusion to secure for himself an advantage over any other bidder. California State Contractor's License No.: Company By: Address: Title: Date: • Telephone No.: Are sub -contractors to be used on this protect'. 'es No If ?es, please complete the following: `tame of sub -contracting company: Address: Telephone No. Type of Work: Name of sub-concracting company: Address: To Ito hone No. Type of Work: If more than two sub -contractors are to be used please ::s: additional companies on a separate sheet. • All bids must be received by Cho City prior to the hcu: on the Notice Inviting Bids or they shall be returned uncpened. -12- • • STAIENENT OF EEPERIEN 60 THIS PAGE TO BE COMPLETED BY BIDDER AND SCBMITTED To CITY AS PART Of YOUR QUOTATION. 1. Bidder's Name Company Name 2. Business Address 3. Business Telephone Number 4. Previous Contracts Completed -- Last Five (S) Years n NO?E: I! more than twelve contracts were completed, please attach addicional sheet. Signed: Name 121a Company E • • STA:EXINT OF E U:P.4 WO THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO C:Tv AS PART OF YOUR QUOTAT:ON. 1. Bidder's Name Company Name 2. Busiaasa Address 3. Business Telephone Numoer 4. Scats below the information for each tractor you have available for work. Type of Equipment !fake of Tractor Serial Roduirad 4Du .r. Model Year —y-- Rubber -tired tractors and graders Caterpillar 0-4 or Equal with Disc and Angle Dozer Blade If your equipmenc (tractor, disc, or blade) does not comply visa the specificacions of equipment specified, state wherein, your equipment differs so chat full consideration can be given to all offers. REMARKS: Signed: Name -14- Company • C� 0 0 STATEMENT OF GENERAL INFORMATION 1. Ate you the legal owner of all equipment being offered? 2. Do you intend amploytng subcontractors in any phase of the clearing operation? 3. Do you or any subcontractor you intend to employ have any additional contractual commitments occurring during the term of this concracc? If so, please list chem. 4. 5 Yes too Q C O C O CI Do you agree to make All equipment offered available for Q G inspection at one location on a mucually-established data? If noc, please explain. Have you under your name or any ocher ever had a contract Q cancelled or termiaatad for any reason? If so, please explain. DO 6. Has any subcontractor that you intend to employ under O C his name or any other ever had a contract cancelled or terminated for any reason? If so, please explain. The above information is true and accurate to the best of my knoviedga Signed: 0acs Name • Company THIS PAGE TO BE COMPLETED BY BIDDER AND SUB::TTED TO CITY AS PART Oc YOUR QUOTATION -15- • AGREEMENT FOR WEED ABATEMENT CITY OF SAN JUAN CAPISTRANO, CALIFORNIA THIS AGREEMENT made and entered into this day of , by and between the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation, hereinafter called "CITY", and hereinafter called "CONTRACTOR." WITNESSETH: WHEREAS, the City Council of the City of San Juan Capistrano, pursuant to Section 39650 et seq. of the Government Code, and Ordinance No. 348, has determined that the City's Weed Abatement Program can best be accomplished by a private contractor; and, WHEREAS, the CONTRACTOR is capable of performing said work in accordance with his bid proposal submitted herewith; and, WHEREAS, the specifications upon which said bid was made, accurately and fully describes the terms and conditions upon which the CONTRACTOR shall furnish the labor and materials to accomplish said work. • NOW, THEREFORE, in consideration of the premises and of the covenants herein contained; IT IS AGREED BY AND BETWEEN THE PARTIES as follows: 1. The Contract Specifications dated l/1/88, filed with the City Clerk, constitute a part of this agreement as if set forth herein with particularity. 2. The CONTRACTOR agrees to perform the work set forth in the aforesaid specifications diligently and in a good workmanlike manner, and the CITY agrees to pay for said work after satisfactory completions on the following basis: LOT SIZE IN SQUARE FEET DISCING EDGING* 0 TO 7,200 sq. ft. $ $ 7,200 to 21,780 sq. ft. $ $ 21,781 to 43,560 sq. ft. $ $ 1 acre and over $ $ *Edging of acreage shall be bid per 100 lineal foot. E MOWING • Trash Clean -Up and Disposal Per Cubic Yard $ Parkways - Per 100 Square Feet. $ Hand Labor and Tools - Per 100 Square Feet. Includes all labor and equipment necessary to clean designated property and dispose of rubbish. $ 3. The CONTRACTOR shall forfeit as a penalty to the CITY, twenty-five dollars ($25) for each calendar day, or portion thereof for each workman paid less than the stipulated prevailing rates of per diem wages by the CONTRACTOR of any sub- contractor under him. 4. The CONTRACTOR shall commence work at the time fixed by an enforcement officer who shall be appointed by the City Manager and the entire work contemplated hereunder shall be completed by Time is of the essence, and CONTRACTOR shall be prepared to commence work on ten (10) days written notice from the enforcement officer, (unless otherwise directed by the City Council) for good cause. 5. The work contemplated in the bid herein covers an initial abatement of weeds. Should the Enforcement Officer determine that a second abatement is required because of the seasonal occurrence of weeds, CONTRACTOR shall be prepared to commence work within ten (10) days after written notice from said Officer in accordance with the terms herein. 6. Insurance. CONTRACTOR shall maintain at all times during this contract • liability and property damage insurance naming the City and its elected and appointed officials as a named insured which said policies shall be in an amount of not less than $500,000 combined single limit. Insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute, but in no event less than thirty days before expiration where cancellation is effective. CONTRACTOR shall provide to City a copy of the policy certificate establishing that the required level of insurance has been satisfied. • CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims demands, loss of liability of any kind or nature which City, its officers, agents, and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this agreement. 7. Term of Contract - The term of this contract shall be for a period through December 31, 1988. City reserves the right, however, to terminate this agreement without cause by giving 15 days written notice by prepaid postage first class mail. -17- • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their officers thereunto duly authorized and their seals to be hereunto fixed. ATTEST: Mary Ann Hanover, City Clerk • APPROVED AS TO FORM: John R. Shaw, City Attorney • CITY OF SAN JUAN CAPISTRANO Anthony L. Bland, Mayor CONTRACTOR Name By: -18-