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1993-0907_STEWART & ASSOCIATES_Contract1;1zcks t107y07Vr:1x"111;rJIC�T�I:\Ji7 RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EYEMPt' DUE TO GOVERNMENT CODE SECTION 6103 ,I�t�,Oal,vn�i-1 • ,eQ9/zrnui��.P) Cheryl Johnson, City Clerk tl San Juan Capistrano, CA LII f%) 10i 41; S_�J fid 'nror` UI Ur mi9e I.UU?IIYr Ld111Ur Ilttl arc n. V . i:._:,, Cour, � Re -or -'_. pue 1 of 7 P -E4: NOTICE OF COMPLETION i, City of San Juan Capistrano NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Stewart and Associates, for the performance of the following work: / 1993 WEED ABATEMENT PROGRAM �F That said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Lands and Facilities of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City V• of San Juan Capistrano, as the owner, 32400 Paseo Adelant, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 7th day of September, 1993, by Resolution No. 93-9-7-1. �� ry Dated at San Juan Capistrano, California, this 10th day of September, 1993. C 1 Johnson, City Clem (/ City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOT_IPISON, 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 Clerk. Dated at San Juan Capistrano this 10th day of September, 1993. Cheryl Johnson, City Clerk i, City of San Juan Capistrano W V• ALJ .,"�.�_ �� ry W N - > . W UJ OC (Jt_, ar f— -� r 0 0 1993 WEED AND RUBBISH ABATEMENT CONTRACT This CONTRACT is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as CITY and STEWART AND ASSOCIATES. , hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. TERM. This agreement shall commence on the IST day of MAY 1993, and shall remain and continue in effect through December 31, 1993. SECOND. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Contractor's bid proposal, Contract Agreement, Notice Inviting Bids, Instructions to Bidders, Non - Collusion Affidavit, Designation of Subcontractors, Statements of Experience, Equipment and General Information, the General Provisions and Detail Specifications. THIRD. THE WORK. CONTRACTOR shall agree to provide all necessary tools, labor, machinery, material, equipment, transportation, and supplies required to perform and complete in good and workmanlike manner the 1993 Weed and Rubbish Abatement Program per the Contract documents. The CONTRACTOR shall commence work at the time fixed by the City Enforcement Officer and the entire work contemplated hereunder shall be completed by JUNE 30. 1993 . Time is of the essence, and the 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. FOURTH. PAYMENT. 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 completion on the following basis: 0 0 LOT SIZE IN SQUARE FEET DISCING EDGING* MOWING 0 to 7,200 SF $125.00 $ 2.50 $150.00 7,201 to 21,780 SF $150.00 $ 2.50 $150.00 21,781 to 43,559 SF $150.00 $ 2.50 $200.00 1 Acre $ 25.00 $ 2.50 $200.00 Over 1 Acre** *Edging of acreage shall be bid per 100 lineal foot. **Parcels with square footage exceeding one acre shall be calcu- lated and charged as one acre, plus a percentage of the amount over one acre, based on the one acre price. Trash Clean -Up and Disposal Per Cubic Yard $ 45.00 Parkways - Per 100 SF $ 2.50 Hand Labor and Tools - Per 100 SF $ 2.50 (Includes all labor and equipment necessary to clean designated property and dispose of rubbish accumulated.) Payments shall be made at the times and in the manner set forth in the City's Capital Projects/Demand Payment Schedule, attached hereto and made a part hereof. FIFTH. CONTRACT TERMINATION. CITY may, without cause, terminate this Contract at any time prior to completion by CONTRACTOR of any of the services required hereunder. Notice of termination of this contract shall be given in writing to CONTRACTOR, and shall be sufficient to complete when same is deposited in the U.S. Mail, first class postage prepaid. In the event this Contract is terminated by CITY, CONTRACTOR shall be paid the value of services performed by him pursuant to this Contract prior to the date of termination thereof, such value to be the total to which he shall have become entitled, as determined by the CITY, less the amount of any payments previously made to CONTRACTOR, but in no event exceeding the maximum contract amount. SIXTH. GENERAL PROVISIONS. General provisions for the work to be performed are contained herein and are made a part of this agreement by reference. SEVENTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, conies of the prevailing 0 0 rate of Per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing wages to all workmen employed in the execution of the contract. EIGHTH. CONTROL OF WORK. The Director of Public Lands and Facilities, or his authorized representatives, shall decide all questions of the work; all questions as to the acceptable fulfillment of the contract on the part of the CONTRACTOR; all questions as to the interpretation of the specifications; and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions. At all times during the term of this Contract, Contractor shall be an independent contractor, and shall not be an employee of the City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this contract; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. NINTH. INSURANCE. Prior to beginning work, CONTRACTOR shall provide an endorsement to the City (attached hereto) establishing that the City has been legally added as an additional insured for the general liability insurance required under this agreement. In addition, CONTRACTOR shall maintain at all times during this contract liability and property damage insurance, naming the City and its elected and appointed officials as additional insured, which such policies shall be of an amount not less than $500.000 Combined Single Limit. In addition, CONTRACTOR is required to provide proof of automobile insurance and workers compensation insurance. Insurance certificates must be in force for the duration of the contract. Worker's Compensation - If CONTRACTOR employs employees to perform services under this contract, CONTRACTOR shall obtain and maintain, during the life of this contract, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. The 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 sufficient time before the date thereof to comply with the applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City 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 or liability of any kind or nature which Lessor, 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. TENTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. ELEVENTH. NON -DISCLOSURE REQUIREMENTS/CONFLICT OF INTEREST. Pursuant to Council Policy, it has been determined that the services to be rendered under the provisions of this Contract are excluded by the requirement of filing a Financial Disclosure Statement by California Administrative Code Section 18700 (2) (A) and (B). CONTRACTOR certifies that to the best of its knowledge, no CITY/AGENCY employee or office of any public agency interest in this Contract has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would conflict in any manner or degree with the performance of this Contract. CONTRACTOR represents that it presently has no interest and shall not acquire any interest, direct or indirect, which could conflict in any manner or degree with the faithful performance of this Contract. CONTRACTOR is familiar with the provisions of Government Code Section 87100 and following, and it certified that it does not know of any facts which constitute a violation of said provisions. CONTRACTOR will advise the CITY/AGENCY if a conflict arises. TWELFTH. LICENSING REQUIREMENT. CONTRACTOR is required to possess a City Business License. 0 9 IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. DATED: March 16, 1993 ATTEST: APPROVED AS TO FORM: CITY OF SAN JUAN CAPISTRANO BY: Jones, Mayor BY • �irtir-u 4nt;r:a��C�t;... ,Sseca s Arm /3o x3.eQar/ont� ,:c 7 y 0 0 —� 5. RESOLUTION_ NOTICE OF COMPLETION AND FINAL REPORT - 1993 WEED As set forth in the Report dated September 7, 1993, from the Director of Public Lands and Facilities, the following Resolution was adopted accepting the completion of the 1993 Weed Abatement Program for the City: RESOLUTION NO, 93-9-7-1. COMPLETION OF 1993 WEED ABATEMENT PROGRAM (STEWART AND ASSOCIATES) - 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 1993 WEED ABATEMENT PROGRAM (STEWART AND ASSOCIATES) The Resolution accepted the work as complete in the amount of $17,392.25 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 $1,739.22 thirty-five (35) days after recording the Notice of Completion. g`�3•F�S•1;wa I I _.. • • • W& • .i • • ..�J •1 As set forth in the Report dated September 7, 1993, from the Director of Administrative Services, a five- year extension to the Lease Agreement between the City and Orange County Head Start, Inc. was approved for the period ending August 15, 1998. The Lease Agreement calls for an annual rent of $1.00, $100 per month for utilities, and liability insurance coverage of $1,000,000. The Mayor was authorized to execute the Agreement on behalf of the City. RESOLUTION ESTABLISHING "NO SKATEBOARDING" AT CAPISTRANO BUSINESS CENTER (590.10) As set forth in the Report dated September 7, 1993, from the Director of Engineering and Building, the written request for no skateboarding was approved for the Capistrano Business Center (27126-27136 Paseo Espada and 27121-27131 Calle Arroyo), and the following Resolution was adopted establishing "No Skateboarding" for the Capistrano Business Center: RESOLUTION NO. 93-9-7-2. ESTABLISHING "NO SKATEBOARDING" AREA - CAPISTRANO BUSINESS CENTER - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A "NO SKATEBOARDING" AREA AT CAPISTRANO BUSINESS CENTER PURSUANT TO CHAPTER 23, TITLE 5 OF THE MUNICIPAL CODE �.Y•7>I � fi7`F'fi;J' : • • ull. • : s • u ' ' • _ u Js ) -kv IIvigil Y • • : • VEI tf:= •IP Dim 111 6191 r.'V Y wlx..1.1..1 As set forth in the Report dated September 7, 1993, from the Director of Engineering and Building, the following Resolutions were adopted transferring the responsibilities for completion of the remaining private improvements for Tracts 12633 and 13027 to Warmington San Juan Associates and approving the substitution of the remaining Dividend Development Corporation bonds with equivalent sureties from Warmington San Juan Associates: City Council Minutes -3- 9/7/93 AGENDA ITEM September 7, 1993 TO: George Scarborough, City Manager FROM: Ronald C. Sievers, Director Public Lands and Facilities SUBJECT: 1993 Weed Abatement Program - Resolution, Notice of Completion and Final Report By resolution, determine that the work for the 1993 Weed Abatement Program has been completed and authorize staff to release the 10% retention, in the amount of $1,739.22, thirty days after the recording of the Notice of Completion. SITUATION The City of San Juan Capistrano annually conducts a Weed Abatement Program in accordance with City Ordinance No. 348. This ordinance requires that all properties not in compliance with the ordinance be cleared of noxious and hazardous weeds, debris and refuse by a City Contractor. The 1993 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 Stewart and Associates P.O. Box 4117 San Clemente, CA 92674 COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS The contract, awarded to Stewart and Associates, has been completed for $17,392.25. A total of 44 properties were abated this year (25 private, 14 City, 5 City CRA), compared to 40 properties in 1992. City Council approval will result in the release of the 10% retention to the City Contractor in the amount of $1,739.22. FOR CITY COUNCIL AGEN _ D5 AGENDA ITEM September 7, 1993 Page Two ALTERNATE ACTIONS 1. Accept the completion of the 1993 Weed Abatement Program and authorize recording of the Notice of Completion. 2. Do not accept completion of the 1993 Weed Abatement Program. 3. Refer to staff for additional information. By resolution, determine that the work for the 1993 Weed Abatement Program has been completed and authorize staff to release the 10% retention, in the amount of $1,739.22, thirty days after the recording of the Notice of Completion. Respectfully bmitted, Ronald C. Sievers RCS:nb 0 0 RESOLUTION NO. 93-9-7-1 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 1993 WEED ABATEMENT PROGRAM (STEWART AND ASSOCIATES) WHEREAS, in May, 1993, the City of San Juan Capistrano entered into a contract with Stewart and Associates for the 1993 Weed Abatement Program; and, WHEREAS, the Director of Public Lands and Facilities 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 $17,392.25. SECTION 3. That the work is hereby accepted and approved. SECTION q. 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 Of September , 1993. JO , MAYO ATTEST: -1- 7th day • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, 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. 93-9-7-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of September , 1993, by the following vote: AYES: Council Memgers Nash, Hausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) -2- u March 18, 1993 Ed Stewart Stewart & Associates 130 Barcelona San Clemente, California 92672 Please Sign, Date an I eturn This Copy Re: Award of Contract - 1993 Weed Abatement Program Dear Mr. Stewart: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSDORFER GIL JONES CAROLYN NASH JEFFVASOUEZ CITY MANAGER GEORGESCARSOROUGH The City Council of the City of San Juan Capistrano at its regular meeting held March 16, 1993, awarded the contract for the 1993 Weed Abatement Program to your company at $11,610.48. Enclosed is a fully executed copy of the Agreement for your records. The City has received all bonds and insurance. You are required to return an acknowledged copy of this Notice of Award. Thank you for your cooperation. If we can be of further assistance, please call. Very truly yours, A4!5� Cheryl Johns 9i� City Clerk Enclosure cc: Director of public Lands and Facilities (with copy of contract) Receipt f By This o23 A�l of Award is hereby acknowledged: day of L66i�co-� , 1993. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 :• • • .. J • u In The Minutes of the Regular Meeting of March 2, 1993, were approved as submitted. qATI-WOUIDN,7 • • • �c J 1 Lqak- The City Treasurer's Report of Investments as of February 28, 1993, in the total amount of $17,750,789.05 was received and filed. The City Treasurer's Report of Cash Fund Balances for the month of January 1993 in the total amount of $-13,33754 was received and filed. 5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (19 0.60) The Report dated March 16, 1993, from the Director of Planting Services, regarding actions taken at the meeting of February 23, 1993, was ordered received and filed. The Report dated March 16, 1993, from the Planning Director, regarding actions taken at the meeting of March 3, 1993, was ordered received and filed. �:;�a1Zi7: t� [1 •I�i1C•7:Y:if�'ii • 1tK _ • •�1� • • tl .I The Report dated March 16, 1993, from the Planning Director, regarding actions taken at the meeting of February 25, 1993, was ordered received and filed. 8. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated March 16, 1993, from the Director of Planning Services, regarding actions taken at the meeting of February 23, 1993, was ordered received and filed. 9. AWARD OF CONTRACT - 1993 WEED ABATEMENT PROGRAM (STEWART & ASSOCIATES) (U.30 ` As set forth in the Report dated March 16, 1993, from the Director of Public Lands and Facilities, the bid for the abatement of weeds and refuse was accepted as complete and was awarded to the lowest responsible bidder, Ed Stewart & Associates, in the amount of $11,610.48. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. I � ,_; • • • .>!•; , y • y; •� • • ' • est UII• •_ t►• �• • est, ��! .11 :.I _� As set forth in the Report dated March 16, 1993, from the Director of Engineering and Building, the contract for the construction of traffic signal improvements at Del Obispo Street/Aguacate Road was awarded to the lowest responsible bidder, Steiny and Company, Inc., in the amount of $73,878. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. The project will be funded with Measure M and Gas Tax funds. City Council Minutes -2- 3/16/93 0 0 AGENDA ITEM March 16, 1993 TO: George Scarborough, City Manager FROM: Ronald C. Sievers, Director Public Lands and Facilities SUBJECT: Award of Contract - 1993 Weed Abatement Program By motion, accept the bid as complete; award the contract to Stewart and Associates, and authorize the Mayor and City Clerk to execute the document on behalf of the City. ------------------------------------------------------------------- ------------------------------------------------------------------ SITUATION Summary and Recommendation In accordance with Ordinance No. 348, which sets procedures for the abatement of weeds and refuse, the City has solicited bids for the 1993 Weed Abatement Program. Staff is recommending that the 1993 Weed Abatement Contract be awarded to the low responsible bidder, Stewart and Associates. Stewart and Associates $ 11,610.48 H & M Excavating, Inc. $ 18,606.80 Lambaren Contractors, Inc. $ 52,983.82 Proposals received were bid on a unit price basis for discing, mowing, handwork and trash clean-up. The final contractual estimate (as shown above) is based on the unit price bid by the contractor applied to the final quantities of the prior year's weed abatement program. H & M Excavating, Inc. was awarded the contract for the City's 1992 Weed Abatement Program. The cost of the 1992 program was $10,531.05. Stewart and Associates is the low bidder for the 1993 Weed Abatement Program, with an estimated cost of $11,610.48. A review of the qualifications of Stewart and Associates has determined their services and equipment to be acceptable, and their bid to be complete. Stewart and Associates will be able to begin the abatement process in accordance with our proposed schedule. The 1993 Weed Abatement Program (for the public) is anticipated to commence May 21, 1993, and will be completed by June 30, 1993. Any additional service will take place throughout the year and will be performed by the contractor on a call-back basis. FOR CITY COUNCIL AGI 3 AGENDA ITEM • March 176 1993 Page Two Stewart and Associates H & M Excavating, Inc. Lambaren Contractors, Inc. COMMISSION/BOARD REVIEW, RECOMMENDATIONS None FINANCIAL CONSIDERATIONS • This program is financed by the property owners who require abatement service. An additional administrative fee is assessed to each abated property to cover administrative staff time, City overhead and field inspection. In 1992 the Weed Abatement Program assessments totaled $10,531.05. ALTERNATE ACTIONS 1. Determine the bid by Stewart and Associates to be complete; approve the award of contract to Stewart and Associates for the 1993 Weed Abatement Program in the amount of $11,610.48; and authorize the Mayor and City Clerk to execute the documents on behalf of the City. Do not accept the bid. 3. Request additional information from Staff. By motion, accept the bid as complete; award the contract to Stewart and Associates, and authorize the Mayor and City Clerk to execute the document on behalf of the City. Respectfullys mitted, Q C• Ronald C. Sievers RCS,nb 0 0 0 Bid Opening Report Bids opened February 24, 1993 at 2:00 p.m.iy,�e��� Project Title: Trimming ..c__Gjty m,.,,..,. /113 Project Engineer: Ron Sievers Pre -Bid Estimate: $10,500 Bid Bidder Amount NIC Aff 1. LAMBARLN CONTRACTORS, INC. Discing /Su• ✓ 0-7,200 sq ft Edging ../V Mowing /S"0. 7,201-21,780 sq ft Discing 300. SiiL Edging a,10 �� x ✓ Mowing 4900, 21,781-43,559 sq ft Discing z}oe. r L V/ Edging a.i0 /� Al Mowing .2 Sc. (v 1 acre Discing 500, Edging JA. Ile Mowing a 7s. Parkways S•" Hand Labor 3. " Trash Cleanup 30.eTi 2. PETE'S TRUCKING (H4M Excavating) Discing 0 0-7,200 sq ft Edging a. SG Mowing gr pa 7,201-21,780 sq ft Discing 9y, rV Edging 2•sc Mowing f1r. ea �,C�f K ✓ 21,781-43,559 sq ft Discing //G.d� Edging .2, SIC flu/P Mowing /96.649 1 acre Discing /;t0, epi 6fN Edging a•s0 Mowing 196," Parkways :R. -5'0 Hand Labor a.SO Trash Cleanup Va.0a Page 1 of 3 3. 4. 0 0 1993 Weed Abatement STEVVART AND ASSOCIATES Discing %S ev 0-7,200 sq ft Edging g.SG Mowing /C'a. as 4,Z) 7,201-21,780 sq ft Discing <e, Edging :t.sc Mowing i<a-oa 21,781-43,559 sq ft Discing /50.60 Edging Mowing �.SG ✓ ,��. 0z; c W 1 acre Discing aSCID Edging_�.SO lsf� Mowing aou, oa Parkways a.So Hand Labor a.SO Trash Cleanup ea Discing 0-7,200 sq ft Edging Mowing 7,201-21,780 sq ft Discing Edging Mowing 21,781-43,559 sq ft Discing Edging Mowing 1 acre Discing Edging Mowing Parkways Hand Labor Trash Cleanup Page 2 of 3 1 5. 6. • 1993 Weed Abatement 0-7,200 sq ft 7,201-21,780 sq ft 21,781-43,559 sq £t 1 acre 0-7,200 sq ft 7,201-21,780 sq ft 21,781-43,559 sq ft 1 acre cc: City Clerk Staff PL&F Department City Manager 0 Discing Edging Mowing Discing Edging Mowing Discing Edging Mowing Discing Edging Mowing Parkways Hand Labor Trash Cleanup Discing Edging Mowing Discing Edging Mowing Discing Edging Mowing Discing Edging Mowing Parkways Hand Labor Trash Cleanup Signed: Dated: 22y� 9 The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. Page 3 of 3 • • CJ max• COMPANY $ e?.56 DATE ADDRESS /3o r39A'�/oNA �9a/ c`nnEvft �A `b�6�z CERA PHONE 4 #'9A.SO LOT SIZE IN SO FEET 0 to 7,200 SF 7,201 to 21,780 SF 21,781 to 43,559 SF 1 Acre Over 1 Acre** EDGING* $ 1625- tQ $ e?.56 $ $ /60� $ 0750 $1jp� $ so� $ a.so $• $ *Edging of acreage shall be bid per 100 lineal foot. **Parcels with square footage exceeding one acre shall be calculated and charged as one acre, plus a percentage of the amount over one acre, based on the one acre price; i.e. 1.4 acres would be calculated at 1 acre (at the quoted price), plus 40% of the 1 acre price. Parkways - Per 100 SF Hand Labor and Tools - Per 100 SF $�•5� Includes all labor and equipment necessary to clean designated property and dispose of rubbish accumulated. Trash Clean -Up 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 after notification that the contract has been awarded. This is a valid and binding proposal to do all the work herein bid upon for the prices set forth above. The undersigned hereby declares, as bidder, that the prices, terms or conditions of said bid have not been communicated by the undersigned to 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 on behalf of any person not herein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that 7 0 0 the bidder has not in any manner sought by collusion to secure for himself an advantage over any other bidder. Company By Address Title o A)^1C2 Cl%5W G�/Eti��v�i O� O�b�z Date 3 Phone QRs-n Are subcontractors to be used on this project? Yes No V' - If If yes, please complete the following: Name of Subcontractor Address Phone Type of Work *************************** Name of Subcontractor Address Phone Type of work • If more than two subcontractors are to be used, please list additional companies on a separate sheet. All bids must be received by the City prior to the hour indicated on the Notice Inviting Bids or they shall be returned unopened. 0 8 • NON -COLLUSION AFFIDAVIV (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID) •STATE OF CALIFORNIA County of Orange ss. , being first duly sworn deposes and says that he is 45IJeJ/M k%c47'e-aF9"e7 4of V7tr'.W'ee 14,va ,4ssoc��tES the party making the foregoing bid; that such bid is not made in the interest or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have •a partnership or other financial interest wit said b'dder in this general business. Dated:�rj Signatur . On this, the 22nd day of February , 19 93 , before me, the undersigned, a Notary Public in and for said State, personally appeared Edwin W. Stewart , personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name (s) is instrument, and acknowledged that Witness my hand and official seal. Jill )., Wilyard is 0 subscribed to the within executed it. OFRCIALSEAL JILL K AMYARD Notory P-ibsc-ColPforMo ORANGE COUNTY MY Commisslon Ares aApril 20. 1993 0 9 DESIGNATION OF SUB -CONTRACTORS • Are subcontractors to be used on this project: Yes No If yes, please complete the following: In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the following listed subcontractors in making up his bid, and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the Director of Public Lands and Facilities, and in accordance with the applicable provisions of the specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a subcontractor is not listed will be performed by the undersigned through his forces. If no subcontractors are listed, all insurance will be written in the name of the general contractor only. 1. 2. 3, 4. 5. 6. 7. S. Item of Work Subcontractor Address Phone No. �`Dcilin/ Cg7t d!.?!2 t/�itC?.id9E'7' HND �7�S:s6C Bidder's Name �u Authorized Signa e 0 10 0 0 STATEMENT OF EXPERIENCE 9 THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1, 67D4J/.i/ -ed \f7kyd9.tt c%E/y/J�f/¢VD �S50G?fCS Bidder's Name Company Name 2. Iso Z3,3-1zde10,v,1V 4, iN akA4,-" AE- Business Address 3. 4. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. 4Q g2 Contract From to _ City/Company Supervisor Amount • �Q/G � 4/�5►'<M /A/67YD� �IDMeS S.// f/.'.�EJH /•t�fdV o`�j'gp� - C�9NC�L-iMEit/�/�4/C `�J'.QicJ9�4c' • &,*VL�' C, Ay,91;,'e'yeF�,iyl�c+roeMaych�rrch/ 2,10e /J� ate/ /a�,a,o— Signature C�fEcey//e� NN2> �SSae/9�e^^S Company 11 .49 F / GUse r/on�Es Hoyt Gk.✓ lob000— • �Q/G � 4/�5►'<M /A/67YD� �IDMeS S.// f/.'.�EJH /•t�fdV o`�j'gp� - C�9NC�L-iMEit/�/�4/C `�J'.QicJ9�4c' • &,*VL�' C, Ay,91;,'e'yeF�,iyl�c+roeMaych�rrch/ 2,10e /J� ate/ /a�,a,o— Signature C�fEcey//e� NN2> �SSae/9�e^^S Company 11 .49 • 0 • STATEMENT OF EQUIPMENT THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1 x;040 /. / It) Ci76W4,e 74 - Bidder's Bidder's Name Company Name 2. /.,o0 04eee/ar o- cf'.�t v C/c-.H� c� 1 C�.� %219 -7Z -- Business c -7z_. - Business Address 3. 7/-,' 4/9& 9a sa Business Telephone Number 4. State below the information for each tractor you have available for work. Type of Equipment Make of Tractor Serial Required You are Offering Model Year Number ,/oS.vGe� mss 42 1wv 2�l9fSanvGL /066 77 • �9olini 24-esrE gZ aw- -7>,7� ds' �w N./Z) /a' ?J.sK /-.04 ANA 1-46 MaY/ �/v.'I AAVd� AbA I d l oei vo •a/ DC .lnpp/E.C.. Ah+ - If your equipment (tractor, disc, or blade) does not comply with the specifications of equipment specified, state wherein your equipment differs so that full consideration can be given to all offers. Remarks: 12 9x/D /7'550c/A*% Company STATEMENT OF GENERAL INFORMATION • YES NO 1. Are you the legal owner of all equipment ✓ being offered? 2. Do you intend employing 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 contract? If so, please list them. 4. Do you agree to make all equipment offered available for inspection at one location on a mutually established date? If not, please explain. • 5. Have you, under your name or any other, ever had a contract canceled or termi- ✓ nated for any reason? If so, please explain. oG F✓vas F�o•� <Pavice� 6. Has any subcontractor that you intend to employ, under his name or any other, ever had a contract canceled or terminated for any reason? If so, please explain. The above information is true an accurate to the best of my knowledge. Signature Date r Name CPr�w�ef .l�u.> �Ssocv! fe'S Company THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF YOUR QUOTATION. • 13 9 • AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA COUNTY OF ORANGE 1 am a citizen of the United States and a resident of the County aforesaid. I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on June 7, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange, State of California; 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 supplement thereof on the following dates, to wit: January 14, 21,1993 I declare under penalty of perjury that the foregoing is true and correct. Executed at Mission Viejo, Orange County, California, on ..January ... 2.1.e...J 99.3.................................................................. ....��..................................................... (Signature) Capistrano Valley News (A Publication of South Orange County News) 23811 Via Fabricante P. O. Box 3629 Mission Viejo, California 92690 (714) 768-3631 Space below for Filing Stamp Only. N!; ,) [7 Proof of Publication of NOTICE INVITING BIDS/WEED AND RUBBISH ................................................................................... I ......................... 9 0 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Bea Gougeon, Legal FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: PROOF OF PUBLICATION: AUTHORIZED BY: DATE: January 7, 1993 Date of Bid Opening Date(s) notice published Date affidavit received Date notice posted in designated posting places (3) THURSDAY, JANUARY 14, 1993 THURSDAY, JANUARY 21, 1993 NOTICE INVITING BIDS - 1993 WEED AND RUBBISH ABATEMENT PROGRAM Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 -02/24/93 - 01/14/93 -01/21/93 - ►Iaela3d -01/14/93 • 0 NOTICE INVITING BIDS 1993 WEED AND RUBBISH ABATEMENT PROGRAM Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the 1993 Weed and Rubbish Abatement Program until 2:00 P.M. on the 24th day of February, 1993. A MANDATORY pre-bid conference is scheduled at 10:00 A.M. on the 10th day of February, 1993, at the City offices to assist contractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at the non-refundable charge of $10.00, plus a charge of $5.00 for each set of Plans and Specifications mailed. Dated: January 7, 1993 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA • PRESS RELLASL • 1993 WEED AND RUBBISH ABATEMENT PROGRAM NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 24th day of February, 1993, receive sealed proposals or bids for the 1993 Weed and Rubbish Abatement Program in accordance with the approved specifications on file in the Office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. A MANDATORY pre-bid conference is scheduled at 10:00 a.m. on the 10th day of February. 1993, at the City Offices. The Contractor shall have the opportunity of clarification or interpretation of any point or points of question within the specifications and contract documents. It is the Contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or interpretation of the specifications or contract documents presented to the bidders in any manner. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem 1 0 0 wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk and shall be made available to any interested party on request. Copies of specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable, is required for obtaining each set of specifications. There will be a $5 charge for postage and handling on all specifications mailed. This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated November 17, 1992 2 �e� on, City Clekk_ City of San Juan Capistrano Orange County, California 0 • 4. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.60) The Report dated November 17, 1992, from the Director of Planning Services, regarding actions taken at the meeting of October 27, 1992, was ordered received and filed. 5. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60) The Report dated November 17, 1992, from the Planning Director, regarding actions taken at the meeting of November 4, 1992, was ordered received and filed. 6. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Reports dated November 17, 1992, from the Director of Planning Services, regarding actions taken at the meetings of October 27 and November 10, 1992, were ordered received and filed. 7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated November 17, 1992, from the Director of Engineering and Building, regarding actions taken at the meetings of June 10, July 8, and August 12, 1992, was ordered received and filed. - 8. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS - 1993 WEED AND RUBBISH ABATEMENT PROGRAM As set forth in the Report dated November 17, 1992, from the Director of Public Lands and Facilities, the specifications were approved for the 1993 Weed and Rubbish Abatement Program. Staff was authorized to call for bids. 9. ADOPTION OF RESOLUTION CERTIFYING THAT NO ASSISTED UNITS ARE AT RISK OF CONVERTING TO NON -LOW-INCOME USES, AS DEFINED BY CHAPTER 1451, STATUES OF 1989 (HOUSING ELEMENT) (430.30) As set forth in the Report dated November 17, 1992, from the Planning Director, the following Resolution was adopted certifying that there are no assisted units at risk of conversion to non -low- income uses in the City, as required by Government Code Section 65583(A)(8): RESOLUTION NO, 92-11-17-1. CERTIFYING CHECKLIST CONFIRMING LACK OF LOW-INCOME PROJECTS AT RISK OF CONVERTING TO NON -LOW- INCOME USES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE CHECKLIST WHICH CONFIRMS THAT THERE ARE NO LOW-INCOME PROJECTS IN THE CITY AT RISK OF CONVERTING TO NON -LOW-INCOME USES, AS DEFINED BY CHAPTER 1451, STATUES 1989 (HOUSING ELEMENT) -3- 11/17/92 AGENDA ITEM TO: George Scarborough, City Manager FROM: Ronald C. Sievers, Director Public Lands & Facilities November 17, 1992 SUBJECT: Review of Specifications and Authorization to Call for Bids - 1993 Weed and Rubbish Abatement Program By motion, approve the specifications for the 1993 Weed and Rubbish Abatement Program and authorize the advertising for bids. ------------------------------------------------------------------- ------------------------------------------------------------------- SITUATION City Ordinance #348 provides for the annual abatement of weeds, garbage and refuse throughout the City. During April, inspections of all City parcels are conducted. If a property appears to have a potential 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 City Enforcement Officer. Prior to the actual start of work, a list of all properties identified will be reviewed by the City Manager's Office and/or the Community Redevelopment Agency for any possible conflict with historical or archaeological concerns. Any properties identified which do have historical or archaeological conflicts will be abated under the direction or supervision of a representative of the archaeological consultants retained by the City. Discing, mowing and handwork charges are assessed by the acre and the square foot. These charges, along with an 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 1992 Weed Abatement Assessments was $10,531.05, compared to $10,905.30 in 1991. Now is the time to solicit new proposals for this service. Every year, the physical characteristics of the City change somewhat, as does the type of work needed to abate weeds. Areas once disced by tractor may now have to be mowed, edged or handworked. Each year, the City solicits new proposals that reflect these changes. This FOR CITY COUNCIL AGEN DI f Agenda Item November 17, 1992 Page 2 insures that the City obtains the best and most economical contract for its citizens. To implement a new program commences, it is necessary at specifications so that advertising for N/A agreement before the 1993 this time to review the new bids may begin. COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not Applicable FINANCIAL CONSIDERATIONS Twenty-two (22) private parcels were abated by the City Contractor, at a cost of $4649.78, which in turn generated $8001.60 in revenue for the City. In addition, five (5) Community Redevelopment parcels were abated at a cost of $1823.88. This expense was paid for directly by the Community Redevelopment Agency. Finally, several City -owned parcels were abated by the Contractor, at a cost of $2631.92. This figure represents an operational cost which is considered an obligation of the City, generating no revenue. All costs associated with private property abatements have been submitted to the Orange County Auditor -Controller (August 192) for inclusion on the property tax roll. These assessments include an overhead charge for administration of the program. ALTERNATE ACTIONS Approve the specifications for the 1993 Weed and Rubbish Abatement Program and authorize advertising for bids. 2. Do not authorize the advertising for bids. 3. Request additional information from Staff. RECOMMENDATION By motion, approve the specifications for the 1993 Weed and Rubbish Abatement Program and authorize the advertising for bids. Respectfully bmitted, �j C-_--_____ Ronald C. Sievers RCS/NB:nb September 10, 1993 Recorder's Office County of Orange P. O.Box 238 Santa Ana, California 92702 Re: Notice of Completion - 1993 Weed Abatement Program Gentlemen: The following document is enclosed for recordation: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSOORFER GIL JONES CAROLYN NASH JEFF VASQUEZ CITY MANAGER GEORGESCARBOROUGH Notice of Completion for the 1993 Weed Abatement Program (Stewart and Associates). When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, Cheryl Johnson City Clerk m Encirure UJ Cr N - 1 -. W (/J Document Number Date THE fi T TMAA PC TOT_ Y.`.^I:M•_'w:' ipi Yr'r1: -EC!'n- 82400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 498-1171 0 n POLICY NUMBER: • COMMERCIAL GENERAL LIABILITY - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 6100 3C5 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS WLV )q1)d#jV&V (SPECIAL FORM B) 8D �fe� This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name and Address of Person or Organization: THE CITY OF SAN JUAN CAPISTRANO EFF: 5-2-94 ATTN: NANCY BARNEY, 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CA 92875 JOB: WEED & RUBBISH ABATEMENT 1. 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. With respect to the insurance afforded these additional insureds, the following additional provision applies: Under Section I, Coverage A., 2., Exclusion I is amended to read: 1. "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed op- erations hazard." CG 71 01 (10-89) ACP NICTO7800107127 7840 84131 INSURED COPY 78 00488 40 0 AMCO INSURANCE COMPANY 2301 CIRCADIAN WAY SANTA ROSA CA 95407.5416 1-707-542-2502 CHANGE OF DECLARATIONS ENDORSEMENT - COMMERCIAL GENERAL LIABILITY Policy Number ACP MCT07800107127 Named Insured STEWART,ED - DBA; & Address STEWART AND ASSOCIATES P.O. BOX 4117 SAN CLEMENTE CA 92674 Policy Period: Covers From: 04/15/94 TO 04/15/95 12:01 A.M. Standard Time Effective Date of This Endorsement: 05/02/94 12:01 A.M. Standard Time Agent VANORSDALE NORTH COUNTY 84-07710 Address 12626 HIGH BLUFF DR #360 SAN DIEGO, CA 92130 This policy Is changed as follows: --------- PREMIUMS ------- OTHER PR/CO rlrx**1411x1�xx14x1r***1rx111E*** ENDORSEMENT CHANGES**x***�[11x�11rx14*x***�[1rx*1rx14 ITEM CG7102 1089 HAS BEEN ADDED ; 70.00 A NEW COPY OF THIS FORM HAS BEEN PRINTED ADD TERRITORY OF 006 ADD CLASS CODE OF 49950 GL AM EN (06-90) DIRECT BILL 7840 94131 TOTAL x1411111111x�r11x1E****1rx11xx*xx***141r111ex1r ADDITIONAL PREMIUM DUE _ THIS IS NOT A BILL - SEE YOUR BILLING STATEMENT 70.00 INSURED COPY ACP NICTO 7800107127 932311026 78 00487 0 0 VANORSDALE NORTH COUNTY RE: INSURANCE ENDORSEMENTS At ached lease find the endorsements showing insurance .T =—W- G tee_.. For you convience please file urance that were already mailed to your office. Thank you, i Commercial Insurance ;JUN 1 0 1994 coverage for ed with the certificates of 0 0 NOTICE OF TERMINATION>'t 19 20th Century Insurance Company 21st Century Casualty Company 6301 Owensmouth Avenue Woodland Hills, California 91367 General Office: (818) 704-3700 Claims: (818) 704-3400 TO: CITY OF S J CAPISTRANO POLICY I$$UED TO:EDWINW STEWART 32400 PASEO ADELANTO PO BOR 41 S J CAPISTRANO CA 92675 SAN CLEMENTE CA 92674 TERMINATION TO TAKE EFFECT 12:01 A.M. POLICY NO. AP 385 81 67 DATE OF NOTICE 11-10-93 86 TOYOTA P/U I.D.#005690 All coverage protecting your interest on the automobile described above will terminate at 12:01 a.m. on the tenth day following your receipt of this notice. Authorized Representiffive z v< 00 � o co c� 0 September 29, 1993 Stewart & Associates P.O. Box 4117 San Clemente, California 92674 Re: Completion of 1993 Weed Abatement Program Gentlemen: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSOORFER GIL JONES CAROLYN NASH JEFFVASOUEZ CITY MANAGER GEORGESCARBOROUGH At their meeting of September 7, 1993, the City Council of the City of San Juan Capistrano adopted Resolution No. 93-9-7-1, accepting the work completed for the 1993 Weed Abatement Program in the amount of $17,392.25. A copy of Resolution No. 93-9-7-1 is enclosed for your information. The retention will be payable upon 35 days from recording the Notice of Completion. The Notice was recorded on September 24, 1993; therefore, the final payment, in the amount of $1,739.22, may be released on October 29, 1993. If you have any questions, please do not hesitate to call. Very truly yours, d� Cheryl Johnson City Clerk Enclosure cc: Director of Public Land & Facilities Accounts Payable 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 MEMORANDUM TO: FROM: SUBJECT: 0 Dawn Schanderl, Deputy City Clerk Ronald C. Sievers, Director Public Lands & Facilities 0 Insurance Coverage - Stewart and Associates July 8, 1993 Per our discussion of today, Ed Stewart has completed the 1993 Weed Abatement Contract and therefore is not required to carry insurance at this time. However, should we need additional services from Mr. Stewart, insurance coverage will be required at that time and you will be informed accordingly. Mr. Stewart should not be placed on the "non -pay" list. Any payments forthcoming are for services already provided. If you have any questions, please contact our office. RCS/NB:sc cc: Dave Hubler Nancy Barney its A RETURN THIS STUB WITH PAYMENT A • 20th Century Insurance Company 21St Century Casualty Company 6301 Owensmouth Avenue I Woodland Hills, California 91367 1 General Office: (818) 704-3700 r Mail To: Policy Issued To: 614 City Of San Juan Capistrano Edwin W Stewart 32400 Paseo Adelanto P 0 Box 4117 San Juan Capistrano Ca 92675 San Clemente Ca 92674 NOTICE OF CANCELLATION OF AUTOMOBILE INSURANCE POLICY No: AP 3858167 02 1 CANCELLATION TO TAKE EFFECT 12:01 A.M. 07/09/93 NOTICE DATE. 06/23/93 All coverage protecting your interest on the policy will terminate at 12:01 A.M. on 07/09/93 or the tenth day following the receipt of this notice, whichever is later. . l•C m Authorized Representative - STATEMENT OF ACCOUNT FOR POLICY - ry - v rn / -An � rn 2 [.m 4D TCU -266 (04.83) 0 Sandy Heath - #2424 RTIFICATE OF INSURANC[b 12626 High Bluff Drive, 1360 San Diego, CA 92130 Nationwide Insurance Telephone: (619) 259-5205 TheNationwide Mutual Insurance Company or the Mutual Fire Insurance Company certifies that the Insurance afforded by the policy or policies numbered and described belay is In torte es of the eRecthre data of this certificate and that this Certificate of Insurance does not emend, extend or otherwise alter the terms and conditions of insurance coverage contained in any policy or policies numbered and described below. Cedfiicete Holders Name and Address: I— THE CITY OF SAN JUAN CAPISTRANO ATTN: NANCY BARNEY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92075 — I DESCRIPTIVE SCHEDULE Insurance in force only for hazards indicated by X. "Should any of the above described policies be cancelled before the expiration date thereon. the insurance company will mail 30 days written notice to the above named Certificate Holder. - NATIONWIDE MUTUAL INSURANCE COMPANY msured's Name and Address: NATIONWIDE MUTUAL FIRE INSURANCE COMPANY I— --I Columbus, Ohio ED STEWART DBA STEWART & ASSOCIATES P.O. BOX 4117 SAN CLEMENTE, CA 92674-4117 Cas. 3640-1A (9-89) (AOA) Date Certificate Issued: April 28, 1993 Countersigned at: J SAN DIEGO, CA pjzl- Authorized Representative Sandy Heath POLICY POLICY TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY DATE DATE (*Limits At Inception) [X] GENERAL LIABILITY [X] Premises - Operations General Aggregate* $1,000,000 [X] Products - Completed Operations Pr. Comp. Op. Agg.* $1,000,000 Each Occurrence $1,000,000 [X] Personal & Advertising Injury Any One Person/Org. $1,000,000 [X] Medical Expense 73 PR 008321 5001 04/15/93 04/15/94 Any One Person $ 5,000 [X] Fire Damage Legal Any One Fire $ 50,000 [ ] Other Liability [ ] GARAGE LIABILITY PREMISES Each Accident Aggregate* [ ] PROPERTY Limit [ ] OTHER Limit AUTOMOBILE LIABILITY [ ] BUSINESS AUTO Bodily Injury [ ] GARAGE (Each Person) [ ] Owned (Each Accident) [ ] Hired Property Damage [ ] Non -Owned (Each Accident) Combined Single N Fill in Either Combined Limit Single Limits or Split Limits EXCESS LIABILITY Each Occurrence [ ] Umbrella Form Aggregate* [ ] Workers' Compensation STATUTORY LIMITS Bodily Injury Each Accident by Accident and Bodily Injury Each Employee by Disease Bodily Injury Policy Limit [ ] Employers' Liability by Disease ADDITIONAL INFORMATION: RE: WEED & RUBBISH ABATEMENT, SUBJECT TO THE PLEASE ADD ADDITIONAL INSURED PER FORM CAS -4190, TERMS AND CONDITIONS OF THE POLICY. ENDORSEMENT NO. A - 6 ATTACHED. Insurance in force only for hazards indicated by X. "Should any of the above described policies be cancelled before the expiration date thereon. the insurance company will mail 30 days written notice to the above named Certificate Holder. - NATIONWIDE MUTUAL INSURANCE COMPANY msured's Name and Address: NATIONWIDE MUTUAL FIRE INSURANCE COMPANY I— --I Columbus, Ohio ED STEWART DBA STEWART & ASSOCIATES P.O. BOX 4117 SAN CLEMENTE, CA 92674-4117 Cas. 3640-1A (9-89) (AOA) Date Certificate Issued: April 28, 1993 Countersigned at: J SAN DIEGO, CA pjzl- Authorized Representative Sandy Heath A-R 22 '92 IMISS ISaisly Mouth 6 E- #24224r;ve 436o ERTIFICATE OF INSURANCE San Olep, CR 992130 46 Nationwide insurance Telephone: 1619) 259-5205 w YlrYonwr W WN Imv.mm�MY^Y a �Ir Nuual nn Yeuunetl QenNM mNlo hl Vr i+vn�wd4w6tl A' wPd�Y °' Y°Ib(w nwtGn 1 tkf4tiTSib+.�aa.w mb GNIWMd wwWM'�n do.. Mt Mll11n. �IIIMtl wwWxlY WvYN bmu tlrawnrbrrdawmwbYaa.bW wIMIM{ awmbteha.n w.n.aro Aavmwt - TW CITY OF BAN JUAN CAPWRN40 ArM NANCY BARNEY 32400 PAEM AD AANTO SAN AM CAPMTPANO. Cal 98675 P. 1/2 EG neo n,mmmwm rerrrr mwr blmww m blp nIM/b 1YiYr MetaYtl W>< 'a1wYY mydtb wxmrwwrtltmmw MunWbtl wda�4w nelydbnrbmwwmAab Ywuwnm wttmrM MtwN �o dgc.dma.. ism A,edo...nd Amble nlelam: NATIONWIDE MUTUAL INSURANCE COMPANY rd Adomw NATIONWIDE MIIUAL FIRE INSURANCE COMPANY r— — Columbus, Ohio ED STBAN RT ODA STEWART d ASSOCKYE°.S P.O. BOX 4117 Bate C:enmmmete mound: April 20, 1903 SAN C1U3AGWF, CA SIDb744117 s. M40 -IA 40-69) (AOA) PmmMY"brmrhd fel[trmnaenNtal � 7611 •o1PmMe r.rn _ Authorized Representative Sandy Heath POLICY POLICY TYPE Or INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY DATE DATE (-Limits At Inception) (X] GENERAL LIABILITY ((%]] Premises - Operations General AggreBete* 51,000.1100 [XJ Products - Completed Operations Pr. r=p OP• M9•' K.000.BOD Each Occurrence 8.900.000 [X] Persorel 8 Advertising Injury Any One PersWOrg. 8.080.000 [ ] NedIn1 Eapese 73 PA 006321 sm 00%15199 0111W94 Aro One Person i 5 m Fire Damage -Legal' Any One rive i s0.008 C[X]] Otber Liability [ ] 61RM LIABILITY PREMISES Each Au idem Aggregate- E] MPMTY 3 Limit OTHER Limit Al1TOMMILE LIABILITY TFL ] BUSINESS AUTO Bodily Injury MACE (Each Person) L ]] Dred (Each Accident) Hired. Property Ease E] ] Non -owned (Each Accident) Combined Single P Fill in Either Combined Limit Single Limits or Split Limits E%LESS LIABILITY Each Occurrence ' ] Ombrella Farm Aggregate• ] Workers' Congnsation STATUTORY LIMITS Bodily Injury Each Ace Idem by Accident Bodily injury Each Employee and by Disease ' Bodily Injury Policy Limit - f ] Employers' Liability by Disease ADDITIONAL INFORMITIOI: RES NEED d RUBBISH ABATFMENY. Sk"CT TO THE PLEASE ADO A0011`1011AL INSURED PER PORN CAS -4190. TERMS AND CONDITIONS OF TRE POLICY, ENDORSEMENT N0. A - 6 ATTACHED, blmww m blp nIM/b 1YiYr MetaYtl W>< 'a1wYY mydtb wxmrwwrtltmmw MunWbtl wda�4w nelydbnrbmwwmAab Ywuwnm wttmrM MtwN �o dgc.dma.. ism A,edo...nd Amble nlelam: NATIONWIDE MUTUAL INSURANCE COMPANY rd Adomw NATIONWIDE MIIUAL FIRE INSURANCE COMPANY r— — Columbus, Ohio ED STBAN RT ODA STEWART d ASSOCKYE°.S P.O. BOX 4117 Bate C:enmmmete mound: April 20, 1903 SAN C1U3AGWF, CA SIDb744117 s. M40 -IA 40-69) (AOA) PmmMY"brmrhd fel[trmnaenNtal � 7611 •o1PmMe r.rn _ Authorized Representative Sandy Heath RPR 28 '93 10:38 :46.010NwIDE • . INSURANCE POLICY NUMBER: 73 PR 008321 5001 NAMED INSURED: STEWART & ASSOCIATES POLICY TERM: 04/15/93 -.04/15/94 ENDORSEMENT NO.: A - 6 ISSUE DATE: April 28, 1993 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSORS OR CONTRACTORS (FORM B) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIA81LITY COVERAGE PART SCHEDULE Name of person or Organization: CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 WHO IS AN INSURED (Section II) is amended to include as an insured the Person or Organization in the Schedule, but this insurance with respect to such Person or Organization applies only to the extent that such person or organization is held liable for your acts or omissions arising out of and in the course of operations performed for such Person or Organization by.you or your subcontractor. RE: WEED & RUBBISH ABATEMENT, SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. THIS ENDORSEMENT EXPIRES ON APRIL 15, 1994. Gs_ 4190 (01J90) STATE COMPENSATION 1 N S U lb A N C E FUND APRIL 16, a • P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 6cne- C(%ed' dGwt)/QX/ CERTIFICATE OF WORKERS' COMPENSATION INSURANCE 1993 POEICYNUMBER: 1332846 - 93 CERTIFICATE EXPIRES: 1 -1 -94 rCITY CF SAN JUAN CAPISTRANO BUILDING & SAFETY DEPARTMENT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 L JOB: ALL OPERATIONS EMPLOYEES - 3 TO 5 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT S� EMPLOYER a -v O o EDWIN W. STEWART r n DBA: STEWART AND ASSOCIATES POST OFFICE BOX 4117 SAN CLEMENTE, CA 92674 L SCIF 10262 (REV. 1e-86) {V \0 . (j} w 2]� [[} &@ _� / \\ co � $S§ we } (L 0 CC �\i . CD & Om ` V \ w /\ ( \ 7�Q 2 #7 ce-z a#a \[(w Z \�GIr cn O $22 } /\\ \)(� D /CL �I }§\) O &, 3: (U) -I §°°~ -k\ _-- \}ƒ \�j zz §E§) �\ 2/0 ;M; OUR \ 22°S \)/ q f(2 a8 Gpa »y SE3 A \ƒk \\/( W|U13 �W|z N\\LL }\ \ \ \ \\\ w / \\ \\\ < /E§/ / / [ \\ \ \ / zn\ \\ \ \ \ \ -wo} e / § / - z MM \ z\\\ z- ■ �_ -� UJ : _ [ : - - < § _ @ - -\ a o>_ t : %\ \ LLI \}\ \- \ \\\\\ E\ Z 1, oo \ \\\\\\\\zm mw\ \\\\\\\\ \ME } \\0 \C \\\\ \ \ \\ 0\ \\\\ \ \ O\ \} \} 2\O // §} 0 0\ 0 (\ P 3 81 67 ***** EMORANDUM COPY ****** 0 093-3B5-001-1 ig 28th Century Insuranc#mpany 6301 Owensmouth Avenue I Woodland Hills, Ifornia 91367 AMENDED DECLARATI DECLARATION PAGE EFFECTIVE DATE 03/03/93 PERSONAL AUTOMOBILE POLICY WHEN AT 011 - ,HED TO THE PERSONAL AUTO POLICY, THESE DECLARATIONS COM- REASON FOR AMENDMENT - PLETE THE POLICY AND REPRESENT THE CURRENT STATUS OF YOUR COVERAGES AND LIMITS OF LIABILITY ACCORDING TO OUR RECORDS. ADD ADDITIONAL INSURED 12'01 A M $TANDARU TIME AP 3858167'2 FROM 01/30/93 1 T 07/30/93 EDWIN W STEWART P 0 BOX 4117 SAN CLEMENTE CA 92674 ** ADDITIONAL INSURED ** CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 87 92 TOYOTA P/U 079879 S 15 09912121 05 ADDITIONAL VEHICLE 87 86 TOYOTA P/U 005690 10 02250821 05 GOOD DRIVER DISCOUNT A. BODILY INJURY $ 2 5 000 EACH PERSON IS So 000 EACH ACCIDENT 69 95 g, PROPERTY DAMAGE $ 2 5, 000 EACH ACCIDENT 26 35 C. MEDICAL PAYMENTS $ ,000 EACH PERSON D. UNINSURED MOTORIST $ -3 ,000 EACH PERSON $ ,000 EACH ACCIDENT 30 36 DAMAGE TO YOUR CAR CAR 1 CAR 2 CAR 3 CAR 4 ACTUAL CASH E. COMPREHENSIVE $ 100 DEO. $ 00 OED. $ DED. $ DED. 68 36 VALUELESS OEOUCnELE F. COLLISION $ 500 DED. $ 00 OED. $ IIB 66 01. UNINSURED MOTORISTPDDED W IVE WAIVE 5 5 IS. TOWING & LABOR COST $ EACH DISABLEMENT MULTI -CAR DISCOUNT APPLIES TOTAL CAR 1, 2, 3, 4 �• • 583.00 TCE-2 03/93 03/10/93 � ga_'W�FRESIDENT&4� DATE m ADDRESS INQUIRIES TO- A 20TH CENTURY INSURANCE CO P.O. BOX 2000 WOODLAND HILLS CA 91365 3 a a rFn Z 0 mm e� M Y_ t..b yy 0 n of J, C �, �, �;,qM9 y .d It, ,Ed I In �, tnI,,eof n atyof �M1c i n 301 11 1, ioi ., .lair maa15, mrCmlcly r11, qI3 plrnnmmsBodily T pol"'y runew2l. if will _., . .nd have .�. �._,' l ded mrCmlcly ADDITIONAL INTERESTS ENDORSEMENT CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO It is agreed that SAN JUAN CAPISTRANO CA 92675 is included as an additional insured under the policy pertaining to ownership, maintenance or use of the described automobile while being operated by or on behalf of the named insured, but such inclusion of the additional interest or interests shall not operate to increase the limits of the company's liability. You will be given ten days written notice if the policy is lapsed or cancelled. EB 031193 20th CENTURY INSURANCE COMPANY by Resident TCE-21(4-91) POLICY NUM{ER I EFFECTIVE AP 385 81 67 1 03(03/93 NAME OF INIIURED EDWIN W STEWART U AUTHORIZED COUNTERYIONATURE J • ®20th Century Insurance Company PA! ? q �t� 6301 Owensmouth Avenue I Woodland Hills, California 91367 I General Office. (818) 7043700 Claims -18181704340 93 MILEAGE ENDORSEMENT FORM FOR CITY OF SAN JUAN CAPISTRANO The Company hereby agrees to extend the coverage under this policy to protect the City of San Juan Capistrano against any liability, loss or damage that it may have or sustain by virtue of the provisions of Sec- tion 17001 of the Vehicle Code of the State of California, while the automobile is being driven or operated under proper mileage authority for the use of and under the direction of: Department of Public Land In the event of the election to cancel said policy as respects the interests of the City of San Juan Capistrano, it is understood and agreed that 30 days notice of such election shall be given to the City of San Juan Capistrano, by written notice directed to the City Attorney, and deposited in the United States mail, postage prepaid thereon, and registered, at least 30 days prior to the date of cancel- lation. Amount of Coverage: BI: PD: Effective Date of Endorsement: Expiration Date of Policy: $25,000/$50,000 $25,000 March 3, 1993 CONTINUOUS UNTIL CANCELLED ATTACHED TO AND FORMING PART OF POLICY NUMBER: AP 3858167 ISSUED BY: 20th Century Insurance Company TO: Edwin W. Stewart, P.O. Box 4117, San Clemente, CA 92674 G Date March 4, 1993 0 ®RECEIVED 20th Century Insurance Company 6301 Owensmouth Avenue � Woodland Hills, Caldornla 91367 I General Office. (818) 7043700 Claims (818) 7041AF. 0 2 P4 X93 `ITy t: t lit, Ty MILEAGE ENDORSEMENT FORM FOR CITY OF SAN JUAN CAPISTRANO The Company hereby agrees to extend the coverage under this policy to protect the City of San Juan Capistrano against any liability, loss or damage that it may have or sustain by virtue of the provisions of sec- tion 17001 of the Vehicle Code of the State of California, while the automobile is being driven or operated under proper mileage authority for the use of and under the direction of: Department of Public Land In the event of the election to cancel said policy as respects the interests of the City of San Juan Capistrano, it is understood and agreed that 30 days notice of such election shall be given to the City of San Juan Capistrano, by written notice directed to the City Attorney, and deposited in the United States mail, postage prepaid thereon, and registered, at least 30 days prior to the date of cancel- lation. Amount of Coverage: BI: $25,000/$50,000 PD: $25,000 Effective Date of Endorsement: March 3, 1993 Expiration Date of Policy: CONTINUOUS UNTIL CANCELLED ATTACHED TO AND FORMING PART OF POLICY NUMBER: AP 3858167 ISSUED BY: 20th Century Insurance Company TO: Edwin W. Stewart,/P.O. Box 4117, San Clemente, CA 92674 Date March 4, 1993 Sidnature of Accent It mtly fbadi - 82424 ,L'`tith Bluff Drive. 8360 � San Diego, CA 92130 CG - TIFICATE OF INSURANCE (619) 2595206 Nationwide Insurance _. The NetgmW s�duar Insurawa Company or rare Mutual Fire Insurance Company adimas that the insurance afforded by the policy or policies numbered and descdbed below is In force m of the effective dale of this certMWe ad ihet this Cedificefe of Inaarance does not and, Mend or oth.hM. erten the terms and conditions of Insurance coverage contained In any policy or policies numbered and descdbed betow. Cedmicate Holders Name and Address: r— THE CIN OF SAN JUAN CAPISTRANO ATTENTION: DAWN SHANDEIWL 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 I DESCRIPTIVE SCHEDULE Insurance In force only for hazards indicated by X 'should any of Ne above described policies 1,e cancelled before the expiration date thereon, the Insurance company will mall W days wdneo notice to the above named Certificate Holder.' NATIONWIDE MUTUAL INSURANCE COMPANY Inaprod•- Name and Address: NATIONWIDE MUTUAL FIRE INSURANCE COMPANY r_ __1 Columbus, Ohio ED STEWART DBA STIEWART & ASSOCIATES 2157 CAL1E OLA VERDE SAN CLEMENTE, CA 92872 L_ J roc 164n_t6 (opal rnnnt Date Certificate Issued: May 8, 1992 Countersigned at: SAN DIEGO. CA Authori •presentative Sandy Heath POLICY POLICY TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY DATE DATE ('Limits At Inception) [X] GENERAL LIABILITY [[X]] Premises - Operations General Aggregate` $1,000,000 X] Products - Completed Operations Pr. Comp. Op. Agg.e $1,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury Any One Person/Org. $1,000,000 [X] X] Medical Expense 73 PR 008321 5001 04/15/92 04/15/93 Any One Person $ 5,000 [X] Fire Damage Legal Any One Fire $ 50,000 [ j Other Liability [ ] GARAGE LIABILITY PREMISES Each Accident Aggregate* [ ] PROPERTY Limit [ ] OTHER Limit AUTOMOBILE LIABILITY [ BUSINESS AUTO Bodily Injury [ GARAGE (Each Person) (Each Accident) EOwned Hired Property Damage [ ] Non -Owned (Each Accident) Combined Single t Fill in Either Combined Limit Single Limits or Split Limits EXCESS LIABILITY Each Occurrence [ ] Umbrella Form Aggregate* [ ] Workers' Compensation STATUTORY LIMITS Bodily Injury Each Accident by Accident and Bodily Injury Each Employee by Disease Bodily Injury Policy Limit [ ] Employers' Liability by Disease ADDITIONAL INFORMATION: RE: WEED AND RUBBISH ABATEMENT CONTRACT ADDITIONAL INSURED PER FORM CAS -4190, ENDORSEMENT NO. A - 2 ATTACHED. Insurance In force only for hazards indicated by X 'should any of Ne above described policies 1,e cancelled before the expiration date thereon, the Insurance company will mall W days wdneo notice to the above named Certificate Holder.' NATIONWIDE MUTUAL INSURANCE COMPANY Inaprod•- Name and Address: NATIONWIDE MUTUAL FIRE INSURANCE COMPANY r_ __1 Columbus, Ohio ED STEWART DBA STIEWART & ASSOCIATES 2157 CAL1E OLA VERDE SAN CLEMENTE, CA 92872 L_ J roc 164n_t6 (opal rnnnt Date Certificate Issued: May 8, 1992 Countersigned at: SAN DIEGO. CA Authori •presentative Sandy Heath N i POLICY NUMBER: 73 PR 008321 5001 i NATIONWIDE INSURANCE e Nationwide is on your side NAMED INSURED: STEWART & ASSOCIATES POLICY TERM: 04/15/92 - 04/15/93 ENDORSEMENT NO.: A - 2 ISSUE DATE: May 8, 1992 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSORS OR CONTRACTORS (FORM B) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or Organization: THE CITY OF SAN JUAN CAPISTRANO ATTENTION: DAWN SHANDERYL 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 WHO IS AN INSURED (Section II) is amended to include as an insured the Person or Organization in the Schedule, but this insurance with respect to such Person or Organization applies only to the extent that such Person or Organization is held liable for your acts or omissions arising out of and in the course of operations performed for such Person or Organization by you or your subcontractor. RE: WEED & RUBBISH ABATEMENT CONTRACT Cas. 4190 (01/90) • CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE, STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS 1993 WEED AND RUBBISH ABATEMENT PROGRAM CITY COUNCIL GIL JONES, MAYOR COLLENE CAMPBELL JEFF VASQUEZ CAROLYN NASH GARY L. HAUSDORFER CITY MANAGER GEORGE SCARBOROUGH DIRECTOR OF PUBLIC LANDS & FACILITIES RONALD C. SIEVERS FEBRUARY 1993 • • 1993 WEED AND RUBBISH ABATEMENT PROGRAM TABLE OF CONTENTS Notice Inviting Bids . . . . . . . . . . . . . . . . . . 1 Instruction to Bidders . . . . . . . . . . . . . . . . . 3 Bid Proposal . . . . . . . . . . . . . . . . . . . . . . 7 Non -Collusion Affidavit . . . . . . . . . . . . . . . . . 9 Designation of Sub -Contractors . . . . . . . . . . . . . .0 Statement of Experience . . . . . . . . . . . . . . . . . 11 Statement of Equipment . . . . . . . . . . . . . . . . . 12 Statement of General Information . . . . . . . . . . . . 13 General Provisions . . . . . . . . . . . . . . . . . . . 14 Detail Specifications . . . . . . . . . . . . . . . . . . 19 Contract . . . . . . . . . . . . . . . . . . . . . . . . 21 • • 1993 WEED AND RUBBISH ABATEMENT PROGRAM • NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 24th day of February, 1993, receive sealed proposals or bids for the 1993 Weed and Rubbish Abatement Program in accordance with the approved specifications on file in the Office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. A MANDATORY pre-bid conference is scheduled at 10:00 a.m. on the lotli day of February. 1993, at the City Offices. The Contractor • shall have the opportunity of clarification or interpretation of any point or points of question within the specifications and contract documents. It is the Contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or interpretation of the specifications or contract documents presented to the bidders in any manner. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem • wages, as determined by the Director of the State Department of • Industrial Relations, are on file in the Office of the City Clerk and shall be made available to any interested party on request. Copies of specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable, is required for obtaining each set of specifications. There will be a $5 charge for postage and handling on all specifications mailed. This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated November 17, 1992 • 0 2 'Cheryl J�dhon, City C1eiic— City of San Juan Capistrano Orange County, California • Secure Documents INSTRUCTION TO BIDDERS Specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids." There will be a MANDATORY Pre -Bid Conference for the purposes .)f clarification or interpretation of specifications and contract documents. The bidder is required to examine the site of work, the proposal, the Specifications, General Provisions and Detail Specifications very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The specifications for the work cover conditions as they are believed to exist, but it is not to be inferred that all the conditions noted actually exist, nor shall the City or any of its officers or agents be liable for any loss sustained by the Contractor as a result of any variance between conditions indicated in the Specifications and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. • u V4 V omissions ion If any bidder should find discrepancies in, or omis from the specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Director of Public Lands and Facilities for correction, clarification or interpreta- tion of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. In the event that such a request is submitted and it should be found that certain essential information is not clearly and fully set forth, or if it is discovered that errors, omissions; or points require clarification in the specifications or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. Additional questions or inquiries may be addressed to the Depart- ment of Public Lands and Facilities at 714/493-1171, Ext 295. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a cart of the submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued. A signed copy of any • • addenda issued by the City must accompany the bid documents. In all cases, a signed acknowledgement copy of all addenda must be provided by the apparent low bidder prior to award of contract. Disg_ualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated and the signatures of all persons signing shall be in longhand. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as • required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City will require bidders to furnish a statement of their experience. E. Each bidder shall list their proposed subcontractors on the form accompanying the proposal in accordance with the provisions of the specifications. F. Bids shall be delivered to the Office of the City Clerk, City of San Juan Capistrano, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids." Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor Contractor is required to possess a City Business License. Insurance Prior to beginning work, Contractor shall provide an endorsement to the City establishing that the City has been legally added as an additional insured for the general liability insurance required under this agreement. In addition, Contractor shall maintain at all times during this contract liability and property damage insurance, naming the City and its elected and appointed officials as additional insured, which such policies shall be of an amount not less than $500,000, Combined Single Limit. In addition, • 4 • Contractor is required to provide proof of automobile insurance and workers compensation insurance. Insurance certificates must be in force for the duration of the contract. The 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 sufficient time before the date thereof to comply with the applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective. Contractor shall provide to City 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 or liability of any kind or nature which Lessor, 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. Withdrawal of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. • opening of Bid Proposals The City will publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids." Bidders or their authorized representatives are invited to be present. Award of Contract or Reiection of Bids No bidder may withdraw his bid for a period of sixty (60) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the sixty (60) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids." In determining the responsibility of the bidders, consideration shall be given to the experience, ability, equipment, and ability of the bidders to provide proper insurance coverage. The City, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. 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 awarding the contract. • 5 The bidder to whom the award is made shall execute a written • contract with the City and furnish the stipulated insurance and other documents as required within fifteen (15) days after the notice of contract. The contract shall be made in the form adopted by the City. If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract for the corporation is duly authorized to do so. Termination City may, without cause, terminate this contract at any time prior to completion by Contractor of any of the services required hereunder. Notice of termination of this contract shall be given in writing to Contractor, and shall be sufficient to complete when same is deposited in the U.S. Mail, first class postage prepaid. In the event this contract is terminated by CITY, Contractor shall be paid the value of services performed by him pursuant to this contract prior to the date of termination thereof, such value to be the total to which he shall have become entitled, as determined by • City, less the amount of any payments previously made, but in no event exceeding the maximum contract amount stated in the Bid Proposal. Workmen and Wages Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids." • • • COMPANY ADDRESS LOT SIZE IN SO FEET 0 to 7,200 SF 7,201 to 21,780 SF 21,781 to 43,559 SF 1 Acre Over 1 Acre** DATE PHONE DISCING EDGING* M)WIM $ $ S *Edging of acreage shall be bid per 100 lineal foot. **Parcels with square footage exceeding one acre shall be calculated and charged as one acre, plus a percentage of the amount over one acre, based on the one acre price; i.e. 1.4 acres would be calculated at 1 acre (at the quoted price), plus 40% of the 1 acre price. Parkways - Per 100 SF Hand Labor and Tools - Per 100 SF $ Includes all labor and equipment necessary to clean designated property and dispose of rubbish accumulated. Trash Clean -Up 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 after notification that the contract has been awarded. This is a valid and binding proposal to do all the work herein bid upon for the prices set forth above. The undersigned hereby declares, as bidder, that the prices, terms or conditions of said bid have not been communicated by the undersigned to 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 on behalf of any person not herein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that 7 • • • the bidder has not in any manner sought by collusion to secure for himself an advantage over any other bidder. Company By _ Address Title Date Phone Are subcontractors to be used on this project? If yes, please complete the following: Name of Subcontractor Address Phone_ Type of Work *************************** Name of Subcontractor Address Phone_ Type of Work Yes No If more than two subcontractors are to be used, please list additional companies on a separate sheet. All bids must be received by the City prior to the hour indicated on the Notice Inviting Bids or they shall be returned unopened. 8 NON -COLLUSION AFFIDAVIT (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID) TATE OF CALIFORNIA County of Orange he is ss. , being first duly sworn deposes and says that of the party making the foregoing bid; that such bid is not made in the interest or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have partnership or other financial interest with said bidder in this general usiness. Dated: Signature: On this, the day of , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose names) subscribed to the within instrument, and acknowledged that Witness my hand and official seal. Notary Public in and for said State • executed it. DESIGNATION OF SUB -CONTRACTORS • Are subcontractors to be used on this project: Yes No If yes, please complete the following: In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the following listed subcontractors in making up his bid, and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the Director of Public Lands and Facilities, and in accordance with the applicable provisions of the specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a subcontractor is not listed will be performed by the undersigned through his forces. If no subcontractors are listed, all insurance will be written in the name of the general contractor only. Item of Work Subcontractor Address Phone No. 10 Bidder's Name Authorized Signature • STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF QUOTATION. • 1. 2. 3. Bidder's Name Company Name Business Address Business Telephone Number 4. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. Contract From _ to City/Company Supervisor Amount Signature Company • 11 STATEMENT OF EQUIPMENT • THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF QUOTATION. • 1. Bidder's Name Company Name 2. Business Address 3. Business Telephone Number 4. State below the information for each tractor you have available for work. Type of Equipment Make of Tractor Serial Required You are Offering Model Year Number If your equipment (tractor, disc, or blade) does not comply with the specifications of equipment specified, state wherein your equipment differs so that full consideration can be given to all offers. Remarks: Signature Company • 12 STATEMENT OF GENERAL INFORMATION • YES NO 1. Are you the legal owner of all equipment being offered? 2. Do you intend employing 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 contract? If so, please list them. 4. Do you agree to make all equipment offered available for inspection at one location on a mutually established date? If not, please explain. • 5. Have you, under your name or any other, ever had a contract canceled or termi- nated for any reason? If so, please explain. 6. Has any subcontractor that you intend to employ, under his name or any other, ever had a contract canceled or terminated for any reason? If so, please explain. The above information is true an accurate to the best of my knowledge. Signature Date Name Company THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF YOUR QUOTATION. • 13 GENERAL PROVISIONS • 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 the Enforcement Officer and shall diligently prosecute the same in compliance with dates set forth in the Contract Agreement. 2. Character of Workmen If any subcontractor or 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 Wo 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 work 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. Contractor shall use the approved billing form and progress • payment form given to him by the City. 14 • ntrol_of-the work 1. 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. 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 or 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. 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. Ecuipment - 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. a. One track -type tractor (Caterpillar size D-4 or equal, and being less than ten years old) equipped with the following: 1. A minimum 71611 wide disc of pull -type off -set with blades of 26" or larger. 2. Minimum weight of disc shall be two ton. • 15 b. One rubber -tired tractor with the following equipment • available: 1. A skip -load bucket not less that 1/4 cubic yard capacity. 2. A disc. 3. One flail mower with minimum 50 HP. C. One rubbish truck with loading capacity of 20 yards or greater. d. One chain saw. e. One hand -operated mower. f. Transport trailers capable of jack-knifing all public curbs and sidewalks in order to avoid damage to same. (Note: Damage to public property will be paid for by Contractor.) 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. All equipment shall be maintained in a reasonable mechanical condition and replacement equipment shall be approved by City representative. If such equipment is not replaced, contractor is subject to having his contract annulled and shall be responsible for any difference in fees over and beyond for replacement of his contract. 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. Leaal Relations and Resnonsibilitv 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 Lands and Facilities, the contractor shall provide and install suitable safeguards, approved by the Enforcement Officer, 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 0 16 • 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 Damage 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 due 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 paid for the various contract items of work and no additional allowance will be made therefor. 0 17 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, 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 Nuisances 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. • 18 • DETAIL SPECIFICATIONS SCOPE OF WORK 1. Work to be Done - Work to be done consists of furnishing all or, 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 property 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 O.C. Assessor's Code Number, Book Number, Page Number, and Parcel Number and Situs Address, 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. Discinq - 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 so as to completely eliminate all standing weeds and shall be to the satisfaction of 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. A. Rubbish and Tumbleweed Removal - Removal of rubbish and tumbleweeds shall be performed in a workmanlike 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 such 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 0 19 such materials to the site from which they were removed, and • no additional compensation will be made therefor. Rubbish shall be disposed of at approved locations. The current disposal charge at the Prima Deschecha Landfill is $22.75 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 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 classed 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 bids for extra work done shall be filed 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. • 20 • 8. Authorization of Work - Work will not be performed without prior approval and only as authorized by the City representative. • 0 21 1993 WEED AND RUBBISH ABATEMENT • CONTRACT This CONTRACT is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as CITY and , hereinafter referred to as CONTRACTOR. • • IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. TERM. This agreement shall commence on the day of 1993, and shall remain and continue in effect through December 31, 1993. SECOND. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Contractor's bid proposal, Contract Agreement, Notice Inviting Bids, Instructions to Bidders, Non - Collusion Affidavit, Designation of Subcontractors, Statements of Experience, Equipment and General Information, the General Provisions and Detail Specifications. THIRD. THE WORK. CONTRACTOR shall agree to provide all necessary tools, labor, machinery, material, equipment, transportation, and supplies required to perform and complete in good and workmanlike manner the 1993 Weed and Rubbish Abatement Program per the Contract documents. The CONTRACTOR shall commence work at the time fixed by the City Enforcement Officer and the entire work contemplated hereunder shall be completed by Time is of the essence, and the 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. FOURTH. PAYMENT. 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 completion on the following basis: 22 • • • LOT SIZE IN SQUARE FEET DISCING EDGING* MOWING 0 to 7,200 SF 7,201 to 21,780 SF 21,781 to 43,559 SF 1 Acre Over 1 Acre** *Edging of acreage shall be bid per 100 lineal **Parcels with square footage exceeding one acre lated and charged as one acre, plus a percentage over one acre, based on the one acre price. Trash Clean -Up and Disposal Per Cubic Yard Parkways - Per 100 SF foot. shall be calcu- of the amount Hand Labor and Tools - Per 100 SF (Includes all labor and equipment necessary to clean designated property and dispose of rubbish accumulated.) Payments shall be made at the times and in the manner set forth in the City's Capital Projects/Demand Payment Schedule, attached hereto and made a part hereof. FIFTH. CONTRACT TERMINATION. CITY may, without cause, terminate this Contract at any time prior to completion by CONTRACTOR of any of the services required hereunder. Notice of termination of this contract shall be given in writing to CONTRACTOR, and shall be sufficient to complete when same is deposited in the U.S. Mail, first class postage prepaid. In the event this Contract is terminated by CITY, CONTRACTOR shall be paid the value of services performed by him pursuant to this Contract prior to the date of termination thereof, such value to be the total to which he shall have become entitled, as determined by the CITY, less the amount of any payments previously made to CONTRACTOR, but in no event exceeding the maximum contract amount. SIXTH. GENERAL PROVISIONS. General provisions for the work to be performed are contained herein and are made a part of this agreement by reference. 23 EIGHTH. CONTROL OF WORK. The Director of Public Lands and Facilities, or his authorized representatives, shall decide all questions of the work; all questions as to the acceptable fulfillment of the contract on the part of the CONTRACTOR; all questions as to the interpretation of the specifications; and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions. At all times during the term of this Contract, Contractor shall be an independent contractor, and shall not be an employee of the City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this contract; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant • to this Contract. NINTH. INSURANCE. Prior to beginning work, CONTRACTOR shall provide an endorsement to the City (attached hereto) establishing that the City has been legally added as an additional insured for the general liability insurance required under this agreement. In addition, CONTRACTOR shall maintain at all times during this contract liability and property damage insurance, naming the City and its elected and appointed officials as additional insured, which such policies shall be of an amount not less than $500.000 Combined Single Limit. In addition, CONTRACTOR is required to provide proof of automobile insurance and workers compensation insurance. Insurance certificates must be in force for the duration of the contract. Worker's Compensation - If CONTRACTOR employs employees to perform services under this contract, CONTRACTOR shall obtain and maintain, during the life of this contract, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. The 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 0 24 SEVENTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing • rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing wages to all workmen employed in the execution of the contract. EIGHTH. CONTROL OF WORK. The Director of Public Lands and Facilities, or his authorized representatives, shall decide all questions of the work; all questions as to the acceptable fulfillment of the contract on the part of the CONTRACTOR; all questions as to the interpretation of the specifications; and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions. At all times during the term of this Contract, Contractor shall be an independent contractor, and shall not be an employee of the City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this contract; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant • to this Contract. NINTH. INSURANCE. Prior to beginning work, CONTRACTOR shall provide an endorsement to the City (attached hereto) establishing that the City has been legally added as an additional insured for the general liability insurance required under this agreement. In addition, CONTRACTOR shall maintain at all times during this contract liability and property damage insurance, naming the City and its elected and appointed officials as additional insured, which such policies shall be of an amount not less than $500.000 Combined Single Limit. In addition, CONTRACTOR is required to provide proof of automobile insurance and workers compensation insurance. Insurance certificates must be in force for the duration of the contract. Worker's Compensation - If CONTRACTOR employs employees to perform services under this contract, CONTRACTOR shall obtain and maintain, during the life of this contract, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. The 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 0 24 requested, giving sufficient time before the date thereof to comply with the applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City 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 or liability of any kind or nature which Lessor, 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. TENTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. ELEVENTH. NON -DISCLOSURE REQUIREMENTS /CONFLICT OF INTEREST. Pursuant to Council Policy, it has been determined that the services to be rendered under the provisions of this Contract are excluded by the requirement of filing a Financial Disclosure Statement by California Administrative Code Section 18700 (2) (A) and (B). CONTRACTOR certifies that to the best of its knowledge, no CITY/AGENCY employee or office of any public agency interest in this Contract has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would conflict in any manner or degree with the performance of this Contract. CONTRACTOR represents that it presently has no interest and shall not acquire any interest, direct or indirect, which could conflict in any manner or degree with the faithful performance of this Contract. CONTRACTOR is familiar with the provisions of Government Code Section 87100 and 25 • 11 following, and it certified that it does not know of any facts which constitute a violation of said provisions. CONTRACTOR will advise the CITY/AGENCY if a conflict arises. TWELFTH. LICENSING REQUIREMENT. CONTRACTOR is required to possess a City Business License. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. DATED: ATTEST: Cheryl Johnson, City Clerk APPROVED AS TO FORM: Richard Denhalter, City Attorney 26 CITY OF SAN JUAN CAPISTRANO BY: Gil Jones, Mayor BY: Contractor r: CAPITAL PROJECT/DEMANDS Payment Schedule 1993 • Completed Invoices Due To Invoices to Admin. Services Date Council Date Department By 11:00 a.m. Processed Date Released 12/08/92 12/16/92 12/23/92 01/05/93 01/06/93 01/08/93 01/15/93 01/22/93 02/02/93 02/03/93 02/05/93 02/12/93 02/19/93 03/02/93 03/03/93 03/12/93 03/19/93 03/26/93 04/06/93 04/07/93 04/09/93 04/16/93 04/23/93 05/04/93 05/05/93 05/07/93 05/14/93 05/21/93 06/01/93 06/02/93 06/11/93 06/18/93 06/25/93 07/06/93 07/07/93 • 07/09/93 08/13/93 07/16/93 08/20/93 07/23/93 08/27/93 08/03/93 09/07/93 08/04/93 09/08/93 09/10/93 09/17/93 09/24/93 10/05/93 10/06/93 10/08/93 10/15/93 10/22/93 11/02/93 11/03/93 11/12/93 11/19/93 11/24/93 12/07/93 12/08/93 12/10/93 12/17/93 12/22/93 01/04/94 01/05/94 • LIABILITY ENDORSEMENT CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY • 32api Paseo AdelCali nto orn San Juan Capistrano, California 92673 ATTN: A. POLICY INFORMATION Endorsement .f 1. Insurance Company ; Policy Number 2. Policy Term (From) To ;Endorsement Effective Date 3. Named Insured 4. Address of Named Insured 5. Limit of Liability Any One Occurrence Aggregate General Liability Aggregate (check one:) Applies "per location/project" Is twice the occurrence limit 6. Deductible or Self -Insured Retention (Nil unless otherwise specifieO 7. Coverage is equivalent to: Comprehensive General Liability form GL0002 (Ed 1/73) Commercial General Liability "claims -made' form CG0002 8. Bodily Injury and Property Damage Coverage is: • "claims -made' "occurrence" If claims -made, the retroactive date is B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. The City and the Community Redevelopment Agency, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the ;Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and spall not contribute with it. (OVER) 3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73), Comprehensive Genera Liability Insurance and Insurance Services,Office form number GL 0404 Broad Far -comprehensive General Liability endorsement; or (2) Insurance Services Office Commercial General Liability Coverage, "occurrence' form CG 0001 or "claims -made" form CG 0002; or (3) if excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding sections (1) and (2). 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. S. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City and the Community Redevelopment Agency, its elected or appointed officers, officials, employees or volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown in the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE • Incidents and claims are to be reported to the insurer at: ATTN: Title Department Company Street Address City State Zip Code (Telephone) D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. OCRGANIZATICN: ADMESS: SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the City) TITLE: 7ELEINaE: ( )