1995-0920_STEWART &ASSOCIATES_ContractRECORDED AT REQUEST OF AND
RETURN TO:
City of San Juan Capistrano
City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92657
RECORDING FEES EXEMPT DUE TO
GRNMENT CODE S CTION 6103
CherylJohnso CityJerk
San Juan Capistrano, CA
i
Recorded in theIIIflIlCounty of orange, California
,,,,,,,1ary 1, Iranville Cl erk/RNo Feer
19950420396 2;44pm 09/26/95
005 021169 07 12 M83
N12 2 7.00 3.00 0.00 0.00 0.00 0.00
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, P. O. Box 4117, San Clemente, California 92672, for the performance of the following work:
y.l
1995 Weed Abatement Program 1 CG
That said work on parcels identified on Attachment A was completed on August 1, 1995, by said company according to plans and
specifications and to the satisfaction of the Public Lands and Facilities Director of the City of San Juan Capistrano, and that said work was
accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California
92675, at a regular meeting thereof held on the 19th day of September, 1995, by Resolution No. 0 ,5- g —/ 9 -- 2—
Dated
Dated at San Juan Capistrano, California, this %r 7�C- day of S jt wiii-� 1995.
C rylJobnson, C1
City of San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, the duty 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 day of , 1995.
Cheryl Jobns W , CjVf Clerk
City of San Juan Capistrano
1995 WEED AND RUBBISH ABATEMENT
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 21st day of
March 1995, and shall remain and continue in effect through
March 20, 1996.
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 WORx. 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 1994 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; 1995 . 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
F-1
0 to 7,200 SF $100.00 $2.50
7,201 to 21,780 SF $100.00 $2.50
21,781 to 43,559 SF $100.00 $2.50
1 Acre $ 24.00 $2.50
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
$ 75.00
$125.00
$200.00
$250.00
foot.
shall be calcu-
of the amount
$45.00
$ 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 P EVAILTNG RATE OF PER DTEM WAGES. Pursuant to
the Labor Code of the State of California, conies 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 5500,000
Combined ng1 im; .
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;
more specifically, at all times for which weed abatement work is
being performed by the contractor at City direction.
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 0
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. COMP .SANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO P 1B .TC
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-T)TSCLOSURE RF.O 1TR . .NTS/ ONF .T T OF TNT .RF. T.
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.
0
TWELFTH. LICENSING REQUIREMENT.
possess a City Business License.
0
CONTRACTOR is required to
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.
n CITY OF SAN JUAN CAPISTRANO
DATED: �`�� q rJ BY:
Carol Nash, Mayor
i
•.
O 0m U I li -JAF1 G&P-
Oaw —
ATTEST:
0
Cheryl JcginsQti, City Clerk
APPROVED AS TO FORM:
0 4
parking, landscaping, and lighting improvements at the southeast comer of EI Horno Street
and El Camino Real (Library) by Advanced Construction to be complete:
RESOLUTION NO 95-9-19-1 COMPLETION OF THE HORNO
(LIBRARY) PARKING LOT (ADVANCED CONSTRUCTION) - 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 EL
HORNO (LIBRARY) PARKING LOT (ADVANCED CONSTRUCTION
The Resolution accepted the work as complete in the amount of $237,355.56 and directed
the City Clerk to forward a Notice of Completion to the County Recorder. Staff was
authorized to release the retention in the amount of $11,867.78 thirty-five (35) days after
recording the Notice of Completion.
As set forth in the Report dated September 19, 1995, from the Public Lands and Facilities
Director, the following Resolution was adopted accepting the completion of the 1995 Weed
Abatement Program for the City by Stewart & Associates:
RF_SOLUTION NO, 95-9-19-2. COMPLETION OF 1995 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 1995
WEED ABATEMENT PROGRAM (STEWART AND ASSOCIATES)
The Resolution accepted the work as complete in the amount of $14,836.10 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 $1,483.61 thirty-five (3 5) days after recording
the Notice of Completion.
• 1; ;: :►1• ; M R• •II •
As set forth in the Report dated September 19, 1995, from the Engineering and Building
Director, the following Resolution was adopted declaring the private street improvements
within Tracts 12262 and 12423 by CCL Realty Ltd. to be complete:
City Council Minutes -4- 9/19/95
E
AGENDA ITEM September 19, 1995
TO: George Scarborough, City Manager
FROM: Joseph Arraftaga, Director
Public Lands and Facilities
SUBJECT: 1995 Weed Abatement Program - Resolution, Notice of Completion and Final
Report
RECOMMENDATION
By resolution, determine that the work for the 1995 Weed Abatement Program has been completed
and authorize staff to release the 10% retention, in the amount of $1,483.61, 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
1995 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 92672
Not applicable.
FINANCIAL CONSIDERATIONS
The contract, awarded to Stewart and Associates, has been completed for $14,836.10. A total of 44
properties were abated this year (29 private, 14 City, 1 City CRA), compared to 39 properties in
1994.
FOR CITY COUNCIL AGEN
0 0
Agenda Item
September 20, 1994
Page Two
City Council approval will result in the release of the 10% retention to the City Contractor in the
amount of $1,483.61.
ALTERNATE ACTIONS
Accept the completion of the 1995 Weed Abatement Program and authorize recording of the
Notice of Completion.
2. Do not accept completion of the 1995 Weed Abatement Program.
Refer to staff for additional information.
By resolution, determine that the work for the 1995 Weed Abatement Program has been completed
and authorize staff to release the 10% retention, in the amount of $1,483.61, thirty days after the
recording of the Notice of Completion.
R spectfullly^submitted,
J seph Arrariaga
0 9
RESOLUTION NO, 95-9-19-2
X836 I ' 8 1 . t a 1 Dla 0 '.0 ::u
.wli
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 1995
WEED ABATEMENT PROGRAM (STEWART AND ASSOCIATES)
WHEREAS, on the 21st day of May, 1995, the City of San Juan Capistrano entered
into a contract with Stewart and Associates, P. O. Box 4117, San Clemente, California 92672, for
the 1995 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 $14,836.10.
SECTION 3. That the work is hereby accepted and approved.
SECTION . That 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
September 1995.
ATTEST-
-I-
19th
CAROLY14 NASH, MAYOR
day of
l
• 0
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.
95-9-19-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 19th day of September 1995, by the
following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JO O ITY CLERK
-2-
1]
March 23, 1995
Mr. Edwin W. Stewart
Stewart and Associates
P. ^v. Box 4117
San Clemente, California 92672
Dear Mr. Stewart:
P se sign, date and
x n this copy
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
WYATr HMT
OIL JONES
CAROLYN NASH
DAVID SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
At their meeting of March 21, 1995, the City Council of the City of San Juan Capistrano awarded
the contract for the 1995 Weed Abatement Program to your company at $12,596.82.
A fully -executed copy of the agreement is enclosed for your records. The City has received all
required 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,
Cheryl Johnsaot _ U
City Clerk
Enclosure
cc: Director of Public Lands and Facilities (with copy of contract)
Accounts Payable
Receipt ofAe foregoing Notice of Award is hereby acknowledged:
M
This <3/ day of 41*20r/, , 1995.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
4. STATUS REPORT ON NEW DEVELOPMENT A LICATION.c (440. 10)
18 The Report dated March 21, 1995, from the Planning Director, advising that one new
development application had been received by the City since the last report of February 21,
1995, was received and filed.
5. AWARD OF CONTRACT - 1995 WEED ABATEMENT PROGRAM
(STEWART & ASSOCIATES) (00 30
As set forth in the Report dated arch 21, 1995, from the Public Lands and Facilities
Director, the bid for the 1995 Weed and Refuse Abatement Program was accepted as
complete and the contract awarded to the lowest responsible bidder, Stewart & Associates,
in the amount of $12,596.82. All other bids were rejected. The Mayor and City Clerk were
authorized to execute the contract on behalf of the City.
As set forth in the Report dated March 21, 1995, from the Engineering and Building Director,
the following Resolution was adopted accepting the dedication of a sewer easement within
Tract 5514 (San Juan Hills) from San Juan Golf, Inc.:
SAN JUAN HILLS COUNTRY CLUB/SAN JUAN GOLF. INC,- A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR
SEWER PURPOSES LOCATED ON THE SAN JUAN HILLS COUNTRY
CLUB (SAN JUAN GOLF, INC.)
The City Clerk was directed to record the document with the County Recorder.
.1; tag r1leffINNIM ul: .l ) zmq .1 . I
As set forth in the Report dated March 21, 1995, from the Engineering and Building Director,
the following Resohrtion was adopted accepting the dedication of a sewer easement at 31501
Avenida Los Cerritos from the Christian Assembly Church:
RESOLUTION NO. 95-3-21-2. ACCEPTANCE OF SEWER EASEMENT -
31501 AVENIDA LOS CERRITOS/CHRISTIAN ASSEMBLY CHURCH -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR
SEWER PURPOSES LOCATED ON PROPERTY AT 31501 AVENIDA
LOS CERRITOS /CHRISTIAN ASSEMBLY CHURCH
0 The City Clerk was directed to record the document with the County Recorder.
City Council Minutes -3- 3/21/95
AGENDA ITEM
r�
FROM:
SUBJECT:
0
George Scarborough, City Manager
Ronald C. Sievers, Director
Public Lands and Facilities
0
March 21, 1995
Award of Contract - 1995 Weed Abatement Program
RECOMMENDATION
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 1995 Weed Abatement Program. Bids received received were as
follows:
Stewart and Associates $ 12,596.82
Apple's Tractor Service $ 14,407.35
Lambaren Contractors, Inc. $ 34,458.72
Azteca Landscape $ 57,761.13
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.
Stewart and Associates was awarded the contract for the City's 1994 Weed Abatement Program, at
a total contractual cost of $13,018.57. Stewart and Associates is the low bidder for the 1995 Weed
Abatement Program, with an estimated cost of $12,596.82. 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 1995 Weed Abatement Program (for the public) is anticipated to commence
May 19, 1995, and will be completed by June 30, 1995. Any additional service will take place
throughout the year and will be performed by the contractor on a call-back basis.
FOR CRY COUNCIL AGEND / 5
AGENDA ITEM
March 21, 1995
Page Two
NOTIFICATION
Stewart and Associates Lambaren Contractors, Inc.
Apple's Tractor Service Azteca Landscape
• 11 • : • • ' • • I 1 • •
None
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 1994 the Weed Abatement Program assessments totaled $9,191.39.
ALTERNATE ACTIONS
Determine the bid by Stewart and Associates to be complete; approve the award of contract
to Stewart and Associates for the 1995 Weed Abatement Program in the amount of
$12,596.82; and authorize the Mayor and City Clerk to execute the documents on behalf of
the City.
2. Do not accept the bid.
Request additional information from Staff.
RECOMMENDATION
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.
Respectfully submitted,
Ronald C. Sievers n-G—
RCS:nb
0
Bids opened February 21, 1994 at 2:00 p.m.
Project Title: 1995 Weed Abatement
Bidder
1. APPLE'S TRACTOR SERVICE
0-7,200 sq ft
7,201-21,780 sq ft
21,781-43,559 sq ft
1 acre
2 LAMBAREN CONTRACTORS, INC.
0-7,200 sq ft
7,201-21,780 sq ft
21,781-43,559 sq ft
1 acre
Bid Opening Report •
Project Engineer: Nancy Barney
Pre -Bid Estimate $13,000
Discing /de,
Edging z"570
Mowing -7S-
Discing / ys
Edging a . so
Mowing / gr
Discing / 414
Edging A. ys
Mowing 195.
Discing 41.5%
Edging
Mowing ys
Parkways
x.5'0
Hand Labor
so
Trash Cleanup
so.
Discing /zS
Edging 3, ca
Mowing /ss
Discing
/So.
Edging
3.00
Mowing
/Yf
Discing /Py.
Edging 3.ca
Mowing ;k /e,
Discing /1911
Edging 3.
Mowing ,too •
Parkways 3.
Hand Labor S
Trash Cleanup
N/C Aff
1994 Weed Abatement
Page 1 ofj3 L1"
0
3 STEWART AND ASSOCIATES
0-7,200 sq ft
7,201-21,780 sq ft
21,781-43,559 sq ft
1 acre
4. AZTECA LANDSCAPE
0-7,200 sq ft
7,201-21,780 sq ft
21,781-43,559 sq ft
1 acre
Discing /oa,
Edging 7•So
Mowing 7S.
Discing
/ro.
Edging
x.50
Mowing
.?Vv-
Discing
/M.
Edging
g, -f
Mowing
.?Vv-
Discing
a1.
Edging
113.4'2.
Mowing
4S.
Parkways
,3•6'0
Hand Labor
113.4'2.
Trash Cleanup
4S.
Discing
4j/.32
Edging
113.4'2.
Mowing
/3.39
Discing
/.21/.99
Edging
/3c. / 3
Mowing
37.1/9
Discing
,41/9.99
Edging
2s8.9f
Mowing
71/.99
Discing a so,
Edging
asq.
Mowing
7S,
Parkways
7 P.f
Hand Labor
9. t,/
Trash Cleanup
16"131
1994 Weed Abatement
Page 2 of
s.
3
0
0
Discing
Edging
Mowing
Discing
Edging
Mowing
Discing
Edging
Mowing
Discing
Edging
Mowing
arkways
id Labor
Cleanup
Discing
Edging
Mowing
Discing
Edging
Mowing
Discing
Edging
Mowing
Discing
Edging
Mowing
Parkways
Hand Labor
Trash Cleanup
1994 Weed Abatement
Page 3 of Se
T
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
Signed:
Dated:
G
Discing
Discing
Edging
Mowing
Discing
Edging
Mowing
Discing
Edging
Mowing
Parkways
Hand Labor
Trash Cleanup
The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been
completely reviewed.
1994 Weed Abatement
Page 4 offf `�
COMPANY -0t6 JAW:1_
DATE
-9'af/9s
ADDRESS moo. Box z4i17
, SArr d1eA,%4rnrte
CA,4ac�.� PHONE
'f98 9aS'O
TAT ST7r IN sn Fran
nTS(^TN _
rnrTNG*
+ '�
0 to 7,200 SF
$ pp,"
$a�So
$75-
7, 201 to 21,780 SF
$ loo. -
$ CQ -so
$ Ia5 -
21, 781 to 43,559 SF
$ 100,' -
$ di.50
1 Acre
$ a4•"'
$,:R.so
Over 1 Acre**
*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. fr—
Parkways - Per 100 SF
Hand Labor and Tools - Per 100 SF $ a•`-�
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
NON -COLLUSION AFFIDAV*
(TO BE E LUTED BY BIDDER AND SUBMITTED WITH BID)
• STATE OF CALIFORNIA
County of Orange
ss.
Edwin W. Stewart , being first duly sworn deposes and says that
he is Owner of Stewart and Associates
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 prices 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 wi said bidder in this general
• business. /�
•
Dated: February 21, 1995 Signatu*
on this, the 21st day of February , 19 95 , 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)
instrument, and acknowledged that
Witness my hand and official seal.
Mr.
state
_ subscribed to the within
he executed it.
DAMON KUNTZ
COMM. *1039608
Q ®. Notary Public California
Q r�� ORANGE COUNTY
MyCommission Exp 9/25/98
9 0
•
STA NT OF GENERAL TNFORMATTON
YES. NS2
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? Ifso, please list them.
1107- .e-, WX464 ra��s f inaF
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.
/ad�97 Signatures/� Gj�^mow
Date Name
Company
THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART
OF YOUR QUOTATION.
• 13
' f�16
0
E
STATEMENT OF FO TPMFNT
•
•
THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART
OF QUOTATION.
1 Ea \7`E ,glc f AND /4 sSo c IA/C S
Bidder's Name Company Name
2. f� o , t3o x 4t//7 ell -2—
Business Address
3. `iyd 9a D
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
M'/6Wc`/L5, hJL c=O G`A�c.�S /o"Z/ /��f—
Gl7A-!M3°/3/d �i� a,9acy-3iSK 3
/Pry/n./D/.iFi�LKn/�^ddGC ! F/4—
/�v>C`.e.�c4fio,ug /�a,rd�e� i�66 T 7
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.
4�iy
12
Oly I1d4LLLC
0 0
STATEMENT OF RXPFRTRN R
•
THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART
OF QUOTATION.
1 (f77--d✓1n/ a7Z- *�54,),fltf 7'-/iva ffssociFrf�S
Bidders Name Company Name
2. -T->0, Box C54"9a1�7�—
Business Address
3. -71a &-4.2sa
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
%3 95=
94
C�fv o�ivc'/�i9�t/
UDS ov��s
✓AUF </ub/E2
�eoYi lee//�Soc�
�sj
-
• 93
93
Tye Cus/e G/o
UDG s�an�
�ob/.ciSeatf
��/f �E//�
y4S;oao `
S�occ r
9� -9S
Q.ty oFJy��n�ae-n/
�y6 �u6/«
i� oaa
Signature
i/;;, fps
• 11
410.6
0 0
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
1.
2.
3.
• 4.
5.
6.
7.
8.
Subcontractor Address Phone No.
Bidder's Name
Authorized Signature
0 10
the bidder has not in any manner sought by collusion to secure for
• himself an advantage over any other bidder.
Company St /hrz F R,u p R ss -x --o:3 es By Ec't/ .31�Fw.91V f
Address .-PC) 8o x 411-7 Title O�cJn/c=K
na C1 w �n�fiC 92A- 4aG z Date
Phone 6;'p -t5_0
Are subcontractors to be used on this project? Yes_ No ✓
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.
4`42
PRESS RELEASE
•
1995 WEED AND RUBBISH ABATEMENT PROGRAM
Public notice is hereby given that the City of San Juan Capistrano
will, Sip to 2:00 p.m., on the 21st day of February, 1995, receive
sealed proposals or bids for the 1995 Weed and Rubbish Abatement
Progra 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 a :00 p.m. on the 7th
dayferry. 1995, 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 them
1
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
�l�C��tccRru 3� /495
Cheryl J n n, City Clerk
City of San Juan Capistrano
Orange County, California
/-q-95,0
K
0 0
MIS �&t4XQF.11q0
As set forth in the Report dated December 6, 1994, from the Director of Public Lands and
Facilities, the specifications were approved for the 1995 Weed and Rubbish Abatement
Program. Staff was authorized to call for bids.
As set forth in the Report dated December 6, 1994, from the Director of Engineering and
Building, the License Agreement between Mr. and Mrs. Richard A. Pierce and the City was
approved to permit a portion of the retaining walls to be constructed within the City's
equestrian easement. The Mayor and City Clerk were authorized to execute the License
Agreement, and the City Clerk was directed to forward the Agreement to the County
Recorder.
As set forth in the Report dated December 6, 1994, from the Director of Engineering and
Building, the following Resolution was adopted removing parking restrictions on the north
side of Camino Del Avion from Alipaz Street to 1400 feet west, and on the east side of Del
Obispo Street from Windjammer Drive to 430 feet north, in order to increase available
parking for Del Obispo Elementary and Marco Forster Middle School:
RESOLUTION NO, 94-12-6-2. ESTABLISHING "NO PARKING" ZONES
- CAMEO DEL AVION - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO PARKING" ZONES ON THE SOUTH SIDE OF
CAMINO DEL AVION FROM DEL OBISPO STREET TO ALIPAZ
STREET; ON THE NORTH SIDE OF CAMINO DEL AVION FROM DEL
OBISPO STREET TO 440 FEET EASTERLY; AT THE TWO SPECIFIC
DRIVEWAY LOCATIONS; AT THE CROSSWALK AT AVENIDA
DESCANSO; AND, RESCINDING RESOLUTION NO. 87-9-29-8
Funds in the amount of $20,500 were appropriated from Systems Development funds for
removal of paint from curbs, removal and restriping of lane lines, messages, double -yellow
median, and tree trimming on Camino Del Avion. Staff was directed to reduce the following
Capital Improvement Projects to accommodate the funds necessary to complete the work:
City Council Minutes -4- 12/6/94
AGENDA ITEM
TO:
FROM:
SUBJECT;
0
December 6, 1994
George Scarborough, City Manager
Ronald C. Sievers, Director
Public Lands & Facilities
Review of Specifications and Authorization to Call for Bids -
1995 Weed and Rubbish Abatement Program
RECOMMENDATION
By motion, approve the specifications for the 1995 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 1994
Weed Abatement Assessments was $13,018.57, compared to $17,392.25 in 1993.
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
FOR CITY COUNCIL AGEN1 %_
Agenda Item
December 6, 1994
Page 2
proposals that reflect these changes. This insures that the City obtains the best and most economical
contract for its citizens. To implement a new agreement before the 1995 program commences, it is
necessary at this time to review the specifications so that advertising for new bids may begin.
NOTIFICATION
N/A
COMMISSION/BOARD REVIEW. RECOMMENDATIONS
Not Applicable
FINANCIAL CONSIDERATIONS
All costs associated with private property abatements will be assessed to the individual property
owners, including an overhead charge for administration of the program. The 1993 Weed Abatement
Program resulted in assessments to 20 private property owners for a total revenue of $9,191.39 to
the City. These assessments were submitted to the Orange County Auditor -Controller (August '94)
for inclusion on the property tax roll.
ALTERNATE ACTIONS
1. Approve the specifications for the 1995 Weed and Rubbish Abatement Program and authorize
advertising for bids.
2. Do not authorize the advertising for bids.
3. Request additional information from Staff.
RECO ATION
By motion, approve the specifications for the 1995 Weed and Rubbish Abatement Program and
authorize the advertising for bids.
Respectfully submitted,
Ronald C. Sievers
RCS/NB:nb
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE
1 am a citizen of the United States and a resident of the County
aforesaid. 1 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, 1964, Case No.
0-122949 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:
Space below for Filing Stamp Only,
Proof of Publication of
RECEIVED
JAN Z3 1 39 ?M X95
;I:C;.
NOTICE INVITING BIDS/1995 WEED AND
.......
RUBBISH ABAt2'M8'1T'" P RO G'RA'M.' ....................
January 12, 19, 1995 --�
NOTWEl VI INCBII)S
E A VARUS I6H
declare under penalty of penury that the foregoing is true and Will bbih l ,r, •^? c nar�
FeUAa , IaK. P1°er.n aatif xUa F.m. the zlq ria or
-on the 7th Ypimiad aaasaprebaehedakdatYAOP.m.
mntr �'�`!�,% at the Ctiry ofErer b w6t
ofth¢CRY CIarlar�arSaa oN arawakinthe Ocoee
Sanlaao CaPlNraiq, CalHomla ao. ayt Pa"'() t�eEe�b
Executed at Mission Viejo, Orange County, California, on MbaaabkPlaa,gayl[aaf{IOAOPk�• Mrbe
paced: JanSReUkatiane matkd, aher[e ofi6AUAreMrcelor
rY 8 1SBh
Januar 19 1995 CHERYL JOHNSON, CITY CLERIC
..................._._....X..._.....,......._....... - CITY OF
.......___....... _.................... - SAN JUAN CAPI$TRANO
Published:CaPietrano Valle GRANGE COUNTY, CALIFORNIA
January l2,19,105
aWs
__. _ ..................V ___ MJ -Ill
... ......._... ..... _.............................
(Signawre)
Capistrano Valley News
(A Publication of South Orange runty News)
23811 Via Fabricante
P. O. Box 3629
Mission Viejo, California 92690
(714) 768.3631
E
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 3, 1995
Date of Bid Opening
Date(s) notice published
Date affidavit received
Date notice posted in
designated posting places
-02/21/95
-01/12/95
-01/19/95
0
THURSDAY, JANUARY 12, 1995
THURSDAY, JANUARY 19, 1995
NOTICE INVITING BIDS - 1995 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
- i1a3 /qsd1rn<j-
- 01/12/95
0 0
NOTICE INVITING BIDS
1995 WEED AND RUBBISH ABATEMENT PROGRAM
Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or
bids for the 1995 Weed and Rubbish Abatement Program until 2:00 p.m. on the 21 st day of February,
1995.
A MANDATORY pre-bid conference is scheduled at 2:00 p.m. on the 7th day of February,
1995, at the City offices to assist contracts.
Copies of the 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 $5.00 for each set of Plans and Specifications mailed.
Dated: January 3, 1995
l
CHERYL JOANSM, CITY CLERK
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
This form isX❑ TNia Fxchange or
issued by: ❑
on the reverse side as number
A stock insurance company, herein called the company.
Named Insured ED STEWART
Effective 328-95
1..✓
City and State
E-1136
Ist Edition
97 27 336 13997 87 93
Agent PWicy Number
PART 1
CERTIFICATE OF INSURANCE
❑ APPLICABLE ® APPNOT
LICABLE
COVERAGE IS INDICATED BY AN "X"
LIMITS OF LIABILITY
( Bodily Injury Liability �$
)ll $
,000 each person
,000 each occurrence
m
Property Damage Liability
,000 each occurrence
Bodily Injury & Property Damage Liability $
,000 each occurrence
co
Personal injury Protection - Property Protection Insurance (See Endorsement)
Countersigned %2La�GCJeJ�2e�i:�z"
Comprehensive, Actual Cash Value Less $
Deductible
B -es rept
Collision or Upset, Actual Cash Value Less $
Deductible
$
Umbrella Liability $
POLICY NUMBER $
retained limit
each occurrence
aggregate
YEAR AND TRADE NAME
IDENTIFICATION NUMBER
Description
of
Equipment
94 TOYOTA T
LAST 3
786 DIGITS
SHOWN
This certificate is subject to all of the terms, conditions and limitations set forth in the polieyhes) and endorsements attached to it. It is furnished
as a matter of information only and does not change, modify or extend the policy in any way. It supersedes all previously issued certificates.
PART II ADDITIONAL INSURED ENDORSEMENT ® APPLICABLE ❑ APPNOT
LICABLE
We provide the coverages indicated below by an `x", with respect to the above described equipment, to the person or organization named
below as an additional insured. This coverage applies only (1) while the named insured is the owner, or has care, custody, or control of
the above described equipment, and (2) when liability arises out of the acts and omissions of the named insured.
This coverage does not apply (1) where liability arises out of negligence of the additional insured, its agents, or employees, unless the agent
or employee is the named insured, or (2) to any defect of material, design or workmanship in any equipment of which the additional insured
is the owner, lessor, manufacturer, mortgagee, or beneficiary.
_Dodilv injury and Property Dama a Liability
Personal Injury Protection - Property Protection Insurance See Endorsement
Comprehensive(including Fire and Theft)
Collision or Upset
If any court shall interpret this endorsement to provide coverage other than what is stated above, then our limits of liability shall he thi"oof'od
ily injury'lab"ity and property damage liability specified by any motor vehice fnancial responsibility law of the state, provincorterritorywhere the named insured resides, as applicable to the equipmentdescibed aSove. Ifthereisnosuch law,ourlimitof liabilitshallbe $5,000 onaccount ofbodily injurysustainedby onepersonInanyoneoccurrenceand subjecttothisprovisionrespectingeacperson, $10,000onaccount of bodilyinjurysustained bytwcor morepersorsInanyone occurrence. Ourtotal liability(oralldamages becaus
of all property damage sustained by one or
more persons or organlmhons as the result of any one occurrence shall not exceed $5,000.
The insurance afforded by the policy described above is subject to all terms of the policy and any endorsements attacherL4e it. This endorse-
ment does not increase the limits of the policy. z
Upon cancellation or termination of this
policy or policies from any cause we
will mail 15 days notice in
writing to the other interest shown below.
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 921
CM
91-1136 1ST EDITION 7-88 W /200 C/ 1200 PNJNTEo IN USA
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15'�
Countersigned %2La�GCJeJ�2e�i:�z"
Authorized Representative
B -es rept
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opeaoloo pue sesueyl;o sa;e;s aq; ul6ul;eiado 30 pasuaoll;ON,
uo;6ulgseM 'aannocmA
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sloullll 'eaony
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sesueA 'uolsslly aaunnegS
oul'Ruedwoo aoueansul saawaed q„
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Auedwoo aouejnsul (m;uao-plW _£
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se 'way; ;o /ue Aq panssi uagm 'aleoi;paao ag; ul o; paaaa;aj seluedwoo {oo;s we 6uimollo; eql
elwo;Ileo 'sala6uy so -1
a6uegox3 aoueansul acid I
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SDINVdW00 d0 dnoHD dONvHnSNI SHIAHVd
0 •
STATE
COMPENSATION
INSURANCE
FUND
MAY 15, 1995
CITY OF SAN JUAN CAPISTRANO
BUILDING & SAFETY DEPARTMENT
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO,
CA 92675
IN REPLY REFER TO:
CERTIFICATE OF WORKERS'
-----------------------
COMPENSATION INSURANCE
----------------------
CANCELLATION WITHDRAWAL NOTICE
------------------------------
RE: CERTIFICATE DATED JANUARY 1, 1995.
THE CANCELLATION HAS BEEN WITHDRAWN FOR THE WORKERS' COMPENSATION
INSURANCE POLICY FOR THE EMPLOYER NAMED BELOW. THIS LETTER SUPERSEDES
THE NOTICE OF CANCELLATION SENT TO YOU ON APRIL 25, 1995.
THIS EMPLOYER'S WORKERS' COMPENSATION INSURANCE COVERAGE CONTINUED
UNINTERRUPTED.
EMPLOYER:
STEWART AND ASSOCIATES
P.O. BOK 4117
SAN CLEMENTE
CALIF., 92674
1332846 - 95
CUSTOMER SERVICES UNIT
SOUTH ORANGE DISTRICT OFFICE
(714) 668-3445
1 275 Market Street • San Francisco, CA 94103— 1410
Mailing Address: P.O. Box 420807 • San Francisco, CA 94142-0807
SCIF 19102
x
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ABCDEF CERTIFI OF
INSURANCE ELO 00226 I8BuzDATR (MM/DDq'Y)
05/10/95
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
r
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
ANORBDALE NORTH COUNTY
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
1975 EL CAMINO REAL 102
AN DIEGO CA 92130
COMPANIES AFFORDING COVERAGE
COMPANY A ALLIED MUTUAL INS. CO.
LEITER
COMPANY B
INSURED
LEITER
TEWART AND ASSOCIATES
P.O. BOX 4117
COMPANY C
LEITER
AN CLEMENTEI CA 92674-4117
COMPANY D
LETTER
COMPANY E
LEITER
COVERAGES
THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY UIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
MAAFFORDEDIS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF OMAY
SUCH POLLICIESTHE
IMITS INSURANCE
HAVE BEEN REDUCED BY PND CLAIMS.
O
TR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
ATR (MM/DD/YY)
POLICY EXPIRATIO
DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY
ACP7810107127
4/15/95
4/15/96
GENERAL AGGREGATE
E 2,000,00(
PRODUCTWOMP/OP ADD.
E 2,000,00
OMMEIICIAL GENERAL LIARB.H'Y
LAIMS MADE OCCUR.
PERSONAL A ADV. INJURY
f 1,000,00
OWNER'S A CONTRACT'OR'S PROT.
EACH OCCURRENCE
f 1-,0--00—,0-0-(
FIRE DAMAGE (Any. BR)
f 50,00
** ADDITIONAL I
MED.EXP. (Am. m.)
f 5 00
AUTOMOBILE
LIABILITY
COMBINED SINGLE
ANY AUTO
LIMB
f
BODILY INJURY
ALL OWNED AUTOS
SCHEDULED AUTOS
(Por M.)
S
BOOBY INJURY
FIRED AUTOS
NON -OWNED AUTOS
(Por a«idem)
f
PROPERTY DAMAGE
f
GARAGE LIABILITY
EXCESS LIABILITY
EACH OCCURRENCE
f
AGGREGATE
f
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
STATVI'ORY LIMBS
E
EACH ACCIDENT
DISEASE -POLICY LIMB
f
DISEASEEACH EMPLOYEE
f
OTHRR
g
'v
t
DESCRIPTION OF OFKRAMONS/LOCATIONSN HICLBSMPECIAL MMS
E: WEED & RUBBISH ABATEMENT
------------
- i'V r7
rn
HE CITY OF SAN JUAN CAPISTRANO IS
NAMED AS AN ADDITIONAL INSURED.
CERTHPICATE HOLDER
CANCELLATION
cn
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELIF.D-YBFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
THE CITY OF SAN JUAN
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CAP I S TRANO
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
32400 PASEO ADELANTO
LIABILITY OF ANY KIND UPON THE ITS OR REPRESENTATIVES.
SAN JUAN CAPIST CA 92675
1lCOMPANY, �AGENTS
AUTHORIZED RE M'ATIVE'V
ACORD 2S -S (7/90)
r ACORD CORPORATION 1990
May 12 '95 10: 39M
p0(I ,y NUM6ER; ACP 7MID7127
'STEWART ✓t ASSOCIATES
P.2
• e
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE, READ IT CAREFULLY,
ADDITIONAL INSURED (SP CNlAEL FORM B) LESSEES OR CONTRACTORS
This endorsement madities insurance provided under the failowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name and Address of person or Organization: CITY OF SAM JUN CAPISTSAPO AND
CfKflIllITr RMTELOPMUT ACEPCT, ITS
ELw= OR APPOIBRtip OF riCUS, OFFICIALS,
MW DYKES, AND VOLUNTEERS
.'i42400 PASEO ADELABTO
5Aa JIIAP CAPLSTIAn6; CA 92675
1. WHO IS AN INSURED ("dipn II) is amended to Include as an Insured the person or organization shown In the
8oWdule, but only With respect to liability arising out of your worm for that insured by or for you.`
2. With respect toVwjlnsuranae afforded these additional Insureds, the following addltional praAaW applies:
under Section I. Cweiag'® A; &, Excluslon I is amended lo read:
f.. "Property darri4e is your work' arising out of S or any part of it and Included In the ^products -completed op-
eratlons hazard.' "
TgMS SADOP MeaT IISPIBBS OP APRIL 15, 1996.
CG r1 01 (1"9)
ACP 1140 7900195M rM 04/82 AOMT COPY 7e 01075
MAY 12 '95 10:39RM
0
Aer 780010712,7.,
> TEWART 6 ASSOCIATES
4/15/95 — 4/15/96
•
P.^
COMMERCIAL GENERAL UkgtLt7Y
. b. To sue us an this Coverage Part unless all or its terms have been fully complied with.
A person or organization may sue us to recover on an agreed settlement or on a final judgement against an In-
sured.obtained after an actual trial; but we will not be liable for damages that are not payable under the terms
of this Coverage part or that are in excess of the applicable limit of insurance. An agreed settlement means a
'settlement and release of liability signed by uC the insured and the claimant or the daimanYs regal represen-
tative.
A, other insurance.
If other valid and collectible Insurance is available to the Insured for a loss we a cover under Coverages A or 6 of
this Coverage Part, our obligations are limited as follows:
.*.a. Primary Insurance
.•d-.1 . ,
"'This Insurance Is primary except when b. below applies. If this Insurances primary, our Gbligatians are not
'affected unless any of the other Insurance Is also primary. Then._ we will share with all that other lasurence
by the meRM described In a below:
•'b; Ftaoess [nsuianrx �• . . • • . ,,,.
This insurance is excess over any of the other insurance, whether primary, excess, caMlngaflF or on any
other basis: .. .
1) That is Fire, Extended Coverage, Bultdera Risk, Installation Risk or similar coverage for `your work'
Pj That is Fire insurance ror premises rented to you; or
ti) X ttie loss tirises'&A of the rnabttenange or use of aircraft, "autos' or watercraft to the extent not subject
to Exclusion a. of Coverage A (8000 4i Q.
When this insurance Is excess, we will have llo duty tinder Ooverape A or B to defend star dalin or'suit' that
any other insurer has a duty to defend. ff not other insurer dekyds, we Will undertake to do. so, but we will
be entMed 1611 Insursd'a rights against all those other Insurers.
When this Insurance Ts as over other Insurance, we wid pay only our share of the elittiunt of the foss, If
-any. that exceeds the sum ob -
1) The total amount that an such other Insurance would par for the loss In the absence of this Insurance;
and
@) The total of all deductible and self Insuned amounts under all that other Insarencs.
We wttl share the remaining loss, if any, with any other insurance that is not described In this Excess Insur-
ance pnoviefott and was riot bought specifically to appy In excess of the Limits of Insurance shown In the
Ceemrations of thle emarage PSR.
C. Method of sharing
If all of the outer Insurance, permits contribution by equal shares, we will follow this method also. Under this
approach each Insurer contributes equat amounts unttl it has paid its applicable Smit of insurance or none
ofthe -loss remains, whichever comes first.
If any of the other Insurance does riot permit contribution by equal share, we will coraft a by limits. Under
this method, each Insurers share Is based on the ratio of Its applicable limit of Insurance to the total appli-
cable Wntta of Insurance of all Insurers.
CG 00 01 (1 "all
NCP oucvssot11ss4 Tata 04M 78 0M4
9 I •
PRENDIVH LE INSURANCE a GENIUY
23172 Plaza Pointe Drive, Suite 250, i.agu a Hills, CA 92653
BUS: (714)458-2881 FAX: (714587-9150
CITY OF SAN JUAN CAPISTRANO
BUILDING 6 SAFETY DEPARTMENT
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
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 10days' advance written notice to the employer.
We will also give you 10 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.
141 RENT
P
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE.
STANDARD EXCLUSION: INDIVIDUAL EMPLOYERS AND HUSBAND AND WIFE EMPLOYERS ARE NOT ELIGIBLE
FOR BENEFITS AS EMPLOYEES UNDER THIS POLICY.
EMPLOYER LEGAL NAME
STEWART AND ASSOCIATES `417� STEWART, EDWIN W.
P.O. Box 4117
SAN CLEMENTE CA 92674
PRINTED: 12-19-94 P0409
•
0
SG
STATE
COMPENSATION
P.O. BOX
807, SAN FRANCISCO,CA 94101-0807
INSURANCE
FUND
CERTIFICATE
OF WORKERS' COMPENSATION INSURANCE
l
POLICY NUMBER:
1332846 - 95
ISSUE DATE: 01-01-95
CERTIFICATE EXPIRES:
01-01-96
CITY OF SAN JUAN CAPISTRANO
BUILDING 6 SAFETY DEPARTMENT
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
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 10days' advance written notice to the employer.
We will also give you 10 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.
141 RENT
P
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE.
STANDARD EXCLUSION: INDIVIDUAL EMPLOYERS AND HUSBAND AND WIFE EMPLOYERS ARE NOT ELIGIBLE
FOR BENEFITS AS EMPLOYEES UNDER THIS POLICY.
EMPLOYER LEGAL NAME
STEWART AND ASSOCIATES `417� STEWART, EDWIN W.
P.O. Box 4117
SAN CLEMENTE CA 92674
PRINTED: 12-19-94 P0409
• 0
STATE P.O. BOX 807, SAN FRANCISCO,CA 94101-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
POLICY NUMBER: 1332846 - 95
ISSUE DATE: 01-01-95 CERTIFICATE EXPIRES: 01-01-96
CITY OF SAN JUAN CAPISTRANO
BUILDING & SAFETY DEPARTMENT
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
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 10 days' advance written notice to the employer.
We will also give you 10 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.
'X W16AIL-
PREN
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE.
STANDARD EXCLUSION: INDIVIDUAL EMPLOYERS AND HUSBAND AND WIFE EMPLOYERS ARE NOT ELIGIBLE
FOR BENEFITS AS EMPLOYEES UNDER THIS POLICY.
EMPLOYER
STEWART AND ASSOCIATES
P.O. BOX 4117
SAN CLEMENTE CA 92674
LEGAL NAME
STEWART. EDWIN W.
12-19-94
SG
=, Sci-ii
^..
':rimer.
m
LEGAL NAME
STEWART. EDWIN W.
12-19-94
SG
7
20tH Century Insurance Company
21st CenturyCasualty Companyig
6301 Owensmouth Avenue I Woodland Hills, California 91367 1 (818) 704-31b�
CERTIFICATE OF INSURANCE
To: CITY OF SAN JUAN CAPISTRANO
DEPARTMENT OF PUBLIC LANDS
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
This is to certify that the automobile insurance policy described herein has been issued as
follows:
Name and Address of Insured:EDWIN W. STEWART
P.O. BOX 4117
SAN CLEMENTE, CA 92674
Description of Automobile:94 LANDCRUSIER VIN#JT3DJ81W3R0050022
Policy NumbeFAP 3858167 Effective Date:04/25/94
INSURANCE UNDER THE POLICY IS INDICATED BY AN "X" OPPOSITE
Bodily Injury Liability $ 25 ,000 each person; $ 50 000 each occurrence X
Property Damage $ 25 000 each occurrence
Uninsured Motorist Coverage S30,000,1600-000 X
Medical Payments $ 000 each person
Comprehensive (Including Fire and Theft)
Collision or Upset—Actual Cash Value Less $ 500 •00 Deductible
This policy is continuous and is automatically renewed upon payment of the required
premium. Ten days written notice will be given to the certificate holder in the event the
policy is lapsed or cancelled.
Endorsements forming part of the policy:
20th CENTURY INSURANCE COMPANY
21st CENTURY CASUALTY COMPANY
AUTHORIZED COU E�� �esidenf
Date MARCH 30, 1994
TCU -60 (04-92)
T he insurance has been applied Ord is bound for 60 days from the Elf
in Illinois, Kansa&, and Oregon w0W is bound until the poticyapplied for
1NSURANCL- wilhastornis. This insurance is subject to the terms, conditions and iimita
1BiK0FB Please accept this form as a bindef.
NAMI[o INeunCP � � Y � � -- LBen rvum
ED ST --
PROPEPIY INSUNEO iVEHIC(E. YEAR. MAKE AND 1.0 r) MELLINDFULL 6TNEET ADDRESS
1_994 TOYOTA HJT4VN_13C6R5144786 — —Tho—
c�
COVER.QCE i� 6.1. ISI P.D (i U.M. Cl Med. R Comp. L}Trad Ll- C i CMU*ion
25' x30/6 ' 12D Ded ' 5p0
COCEMGES
COMPANY r+AMERS IME+ E`
1• i.
Certificate Wider & As Ad--it�onal Itvsure:3e -
t,lenitfaoer�
I oss Payable City of Sar{ Juan Capirtram
endetselnent 32400 Yastsa Pdelanto
In f=avor of Sari 'Jtiayr Cap],Si=am,-CA-}26-75-
'EnDies In thwfendi of dBllYre
eData peneing lseuance olapDucy to wy.s.,•••,-,, ..I'w �?2.. _.
current)yi bylha iasVing Cwrpany is cancelled in accordance
of the pol�sj applied torand currently in U50 by the CompaAy.
cr ^� EFFEg�SfATE�S ` At 12 _01 A•N
Renewal ogee
of PUlle} A. At.
Jed
n **COISt1I'1L10'US**At
Fns Dwenm9 LJ contents Uv ec9 ❑ ac ed
5 -12 -AS .
yoke -�o ��a� i his is
S �ooaa�
on y L'�- ► I a i G S.
Farr
I t Mebite Home 8
P/us
Prom, UMPotier Nembcr
N1 97 _ 97 13997
— —`
87 93
sured's Addre 30 8arcolona -- -
--
_ San Clemente, CA 92_672_
5-12-95
AU�HOoREPIRF$ENYATryE pgTE
__.97. . _27_
_33.6.
PHONE STATE DIST.
AGEN
5 -12 -AS .
yoke -�o ��a� i his is
S �ooaa�
on y L'�- ► I a i G S.
' • •
PRENDMLLIE INSURANCE AGENCY
10 23172 Plaza Pointe Drive, Suite 250, Lapp Hills, CA 42653
BUS: (714)458-2881 FAX: (71)587-9150
Notes:
FAX COYER SHEET
DATE: -5 % a `9
TO:
Number of pages including cover sheet: 02
�r
P. 01
slizl�#
SPOICI? i-0 TI nq S tie 5+attd to O r I . e�C.4i Je
STATE
PO. BOX 4208807, SAN FRANCISCO, CA 9941142-0807
COMPiNSATION
NSURANCE It) Fyi� IO Lta-,b-,caAj 'S OaOWK.CORUND ERTIICATE F�RERSMPENSATION lLL
,
INSURANCE"
MAY 10, 1995
F -
CITY OF SAN JUAN CAPISTRANO
BUILDING & SAFETY DEPARTMENT
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
L
PoucYNUMBER:1332846 - 95
CERTIFICATE EXPIRES: 1-1-96
JOB: WEED ABATEMENT
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. X
PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE
EMPLOYER
F-
STEWART, EDWIN
DBA: STEWART
P.O. BOX 4117
SAN CLEMENTE,
W.
AND ASSOCIATES
CA 92674
ur.
0
STATE
COMPENSATION
INSURANCE
FUND
APRIL 25, 1995
CITY OF SAN JUAN CAPISTRANO
BUILDING & SAFETY DEPARTMENT
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO,
CA 92675
0
CERTIFICATE OF WORKERS'
-----------------------
COMPENSATION INSURANCE
----------------------
CANCELLATION NOTICE
-------------------
RE: CERTIFICATE DATED JANUARY 1, 1995.
IN REPLY REFER TO:
THE WORKERS' COMPENSATION INSURANCE POLICY FOR THE EMPLOYER
NAMED BELOW HAS BEEN CANCELLED EFFECTIVE MAY 10, 1995 AT
12:01 A.M.
IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE
CONTACT THE EMPLOYER NAMED BELOW
EMPLOYER:
STEWART AND ASSOCIATES
P.O. BOX 4117
SAN CLEMENTE
CALIF., 92674
1332846 - 95
CUSTOMER SERVICES UNIT
SOUTH ORANGE DISTRICT OFFICE
(714) 668-3445
4/REM5
1275 Market Street -San Francisco, CA 94103-1410
Mailing Address: P.O. Boz 420807 - San Francisco. CA 94142-0807
SCF 19102
�.
V
n
T
Vl
K
c.o
c.n
STATE
COMPENSATION
INSURANCE
FUND
APRIL 25, 1995
CITY OF SAN JUAN CAPISTRANO
BUILDING & SAFETY DEPARTMENT
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO,
CA 92675
0
CERTIFICATE OF WORKERS'
-----------------------
COMPENSATION INSURANCE
----------------------
CANCELLATION NOTICE
-------------------
RE: CERTIFICATE DATED JANUARY 1, 1995.
IN REPLY REFER T0:
THE WORKERS' COMPENSATION INSURANCE POLICY FOR THE EMPLOYER
NAMED BELOW HAS BEEN CANCELLED EFFECTIVE MAY 10, 1995 AT
12:01 A.M.
IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE
CONTACT THE EMPLOYER NAMED BELOW
EMPLOYER:
STEWART AND ASSOCIATES
P.O. BOX 4117
SAN CLEMENTE
CALIF., 92674
1332846 - 95
r<
N
r
CUSTOMER SERVICES UNIT
SOUTH ORANGE DISTRICT OFFICE
(714) 668-3445
1275 Market Street • San Francisco, CA 94103— 1410
Mailing Address: P.O. Box 420807 • San Francisco, CA 94142-0807
SCIF 19102
March 30, 1995
Mr. Ed Stewart
Stewart & Associates
P.O. Box 4117
San Clemente, California 92674-4117
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L. HAUSDORFER
GIL JONES
CAROLYN NASH
JEFF VASQUEZ
CITY MANAGER
GEORGE SCARBOROUGH
fte: Renewal of General LiabiI4 Certificate of Insurance and Endorsement Form (Weed and
Rubbish 1. 1
Dear Mr. Stewart:
The General Liability Certificate of Insurance, regarding the above -referenced service, is due to expire
on April 15, 1995. In accordance with your agreement, the insurance certificate needs to be renewed
for an additional period of one year. The agreement requires a general liability endorsement form
naming the City of San Juan Capistrano as an additional insured. I have included a City approved
endorsement form to submit to your insurance company; however, your insurance company may
provide their own endorsement form.
Please forward the updated certificate and the endorsement form to the City, attention City Clerk's
office, by April 15, 1995.
If you have any questions, please contact me at (714) 443-6310.
Thank you for your cooperation.
Very truly yours,
i`..IA-ojc&l�
Dawn M. Schanderl
Deputy City Clerk
Enclosure
cc: Cheryl Johnson, City Clerk
Nancy Barney, Administrative Assistant
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 499.1171
aorO (need
a , redo rse me n T-
3. Wor k er� comp
eec- -
r), E) A-z� e - 0-
t�t/ Lr/ae/0-
tv ✓n,9ni��z¢E
❑ Des Moines Regional Office, 701 5th Ave., Dees, IA 50391-2000
❑ Lincoln Regional Office, P.O. Box 80758, Linco 68501-0758
❑ Rocky Mountain Regional Office, P.O. Box 51 ver, CO 80217-5190
XXPacific Coast Regional Office, P.O. Box 849, Santa Rosa, CA 95402-0849
❑ Service Center, 701 5th Ave., Des Moines, IA 50391-2014
❑ Lincoln Fnal Lines Processing Center, P.O. Box 82516, Lincoln, NE 68501-2516
C1Des Moines Personal Lines Processing Center, 3820 10981 St., Des Moines, IA 50391-2001
1i
Cl
RECEIVED
-ee 11 2 40 PH '95
CITY OF
,JUAN
NAME AND ADDRESS DATE 2-16-95x. A SAA N c2 -16-95r J U A NO,
F STEWART, ED —DBA:
STEWART AND ASSOCIATES
PO BOX 4117
L SAN CLEMENTE, CA 92674
Dear Sir:
Policy No.
ACP MCTP 78 0 0107127
ACP MCTO 78 0 0107127
ACP CIM 78 0 0107127
Recently we mailed you a notice effecting cancellation of the above po{icy.
The policy has now been reinstated and you may disregard our notice of cancellation.
Yours very truly,
UNDERWRITING DEPARTMENT
F
/ra
L
178 (10-911 00
AGENCY OR MORTGAGEE
THE CITY OF SAN JUAN CAPISTRANO'i
DEL MAR PARTNERSHIP
K
Insurance
D ALLIED Mutual Insurance Company
&kAMCO Insurance Company
D ALLIED Property & Casualty Insurance Company
D Depositors Insurance Company
VANORSDALE NORTH COUNTY
SAN DIEGO, CA
Fold
Line
PRODUCER
Sandy fodch (619) 259-5205
VANORSDALE NORTH COUNTY
126M High Bluff Dr., #360
San Diego, CA 92130
INSURED
ED STEWART
DBA: STEWART & ASSOCIATES
P.O. BOX 4117
SAN CLEMENTE, CA 92674-4117
0"ItRK"S1
DATE: 05/02/94
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANY
LETTER A ALLIED MUTUAL INSURANCE GROUP
COMPANY
LETTER B
COMPANY
LETTER Ci
COMPANY
LETTER
COMPANY
LETTER E
rI j
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MKOD/YY) LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE
S2,000,000
[ X I COMMERCIAL GENERAL LIABILITY
PRODVCTSCOMP/OP AGG.
52,000,000
A [ I CLAIMS MADE [ X I OCCUR ACP 780 0107117 04/15/94
04/15/95 PERSONAL & ADV. INJURY
$1,000,000
[ I OWNER'S & CONTRACTOR'S PROT.
EACH OCCURRENCE
SI,000,OB0
[ I
FIXE DAMAGE (My One Fin)
S 50,000
MID. EXPENSE (My Onc Pm n)
S 5,000
AUTOMOBILE LIABILITY
COMBINED SINGLE
I I ANY AUTO
LIMIT
[ I ALL OWNED AUTOS
BODILY INJURY
[ I SCREDULED AUTOS
(Pa P..)
II HIRED AUTOS
BODILY INJURY
I NON -OWNED AUTOS
(Por AaidmO
[ I GARAGE LIABILITY
t I
- PROPERTY DAMAGE
EXCESS LIABILITY EACH OCCURRENCE
[ IUMBRELLA FORM AGGREGATE
[ I DIM THAN UMBRELLA FORM
WORKER'S COMPENSATION
...................
..................
[ ]STATUTORY LILTS
OR
EACH ACCIDENT
DISEASE - POLICY LIMIT
EMPLOYERS LIABILITY
DISEASE - EACH SOLOYEE
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES I SPECIAL ITEMS
THE CITY OF SAN JUAN CAPISTRANO IS AN ADDITIONAL INSURED AS RESPECTS POLICY ACP 780 0107127.
RE: WEED & RUBBISH ABATEMENT
4itlrICA1E„ r(iwR : CAAfCETt
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
THE CITY OF SAN JUAN CAPISTRANO MAB. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
ATM: NANCY BARNEY LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
32400 PASEO ADELANTO LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
•
fir' �,,n[oeror�o
Inumelo 1961
1776
September 28, 1995
Stewart & Associates
P. 0. Box 4117
San Clemente, California 92672
Re: Completion of 1995 Weed Abatement Completion of 1995 Weed Abatement Program
Gentlemen:
MEMBERS OF INE CITY COUNCIL
COLLENE CAMPBELL
WYATT HART
GIL JONES
CAROLYN NASH
DAVID SWEROUN
CITY MANAGER
GEORGE SCARBOROUGH
At their meeting of September 19, 1995, the City Council of the City of San Juan
Capistrano adopted Resolution No. 95-9-19-2, accepting the work completed for the 1995
Weed Abatement Program in the amount of $14,836.10.
A copy of Resolution No. 95-9-19-2 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 26, 1995; therefore, the final payment, in the amount
of $1,483.61 may be released on October 31, 1995.
If you have any questions, please do not hesitate to call.
Very truly yours,
Che C ryl John n
City Clerk
Enclosure
cc: Director of Public Lands & Facilities
Accounts Payable
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
0
oauo un
Irws
Jsee
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�mmxroxxru
annnxm ' 1961
1776
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
WYATT HART
OIL JONES
CAROLVN NASA
DAVID SWEROUN
CITY MANAGER
GEORGE SCARBOROUGH
September 20, 1995 COM FORMED COPY
Not Compared wt
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
I1
1
lllllliilllllllllllllllllllilllilllllllllllllllll11111111111 No Fee
Recorder's office 19950420396 2:44pm 09/26/95
005 021169 07 12 MB3
County of Orange N12 2 7.00 3.00 0.00 0.00 0.00 0.00
P. 0. Box 238
Santa Ana, California 92702
Re: Notice of Completion - 1995 Weed Abatement Proaram
Gentlemen:
The following document is enclosed for recordation:
Notice of Completion of the 1995 Weed Abatement Program by Stewart &
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
Enclosure
Document Number
Date
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
0
June 27, 1995
Mr. Edwin Stewart
Stewart and Associates
P.O. Box 4117
San Clemente, California 92674
Dear Mr. Stewart:
Jv,cw
iies�eox�c
mxuuxm 1961
1776
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
WYATT HART
GILJONES
CAROLYN NASH
DAVID SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
( .� .-—. ..l1 :... 1
The binder for your Automobile Liability Insurance, regarding the above -referenced project, is due
to expire on July 12, 1995. In accordance with your agreement, the insurance certificate need to be
renewed for an additional period of one year.
Please forward the updated certificate to the City, attention City Clerk's office, by July 17, 1995.
If you have any questions, please contact me at (714) 443-6310.
Thank you for your cooperation.
VVeejry� �truly
yours,
Dawn M. Schanderl
Deputy City Clerk
Enclosure
cc: Cheryl Johnson, City Clerk
Nancy Barney, Administrative Assistant
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171
0
•
CITY OF SAN JUAN CAPISTRANO
COUNTY OF ORANGE, STATE OF CALIFORNIA
SPECIFICATIONS
AND CONTRACT DOCUMENTS
1995 WEED AND RUBBISH ABATEMENT PROGRAM
COLLENE CAMPBELL, MAYOR
GIL JONES WYATT HART
CAROLYN NASH DAVID SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
RONALD C. SIEVERS
DECEMBER 1994
0 0
1995 WEED AND RUBBISH ABATEMENT PROGRAM
Notice Inviting Bids . . . . . . . . . . . .
. . . . . . 1
Instruction to Bidders . . . . . . . . . . .
. . . . . . 3
Bid Proposal . . . . . . . . . . . . . . . .
. . . . . . 7
Non -Collusion Affidavit . . . . . . . . . . .
. . . . . . 9
Designation of Sub -Contractors . . . . . . .
. . . . . . 10
Statement of Experience . . . . . . . . . . .
. . . . . . 11
Statement of Equipment . . . . . . . . . . .
. . . . . . 12
Statement of General Information . . . . . .
. . . . . . 13
General Provisions . . . . . . . . . . . . .
. . . . . . 14
Detail Specifications . . . . . . . . . . . .
. . . . . . 19
Contract. . . . . . . . . . . . . . . . . .
. . . . . . 21
1995 WEED AND RUBBISH ABATEMENT PROGRAM
Public notice is hereby given that the City of San Juan Capistrano
will, up to 2:00 p.m., on the day of February, 1995, receive
sealed proposals or bids for the 1995 Weed and Rubbish Abatement
Proaram 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 p.m. on the
day of February, 1995, 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
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
Cheryl Johnson, City Clerk
City of San Juan Capistrano
Orange County, California
E
0
INSTRUCTION TO BIDDERS
Secure Documents
Specifications and other contract documents will be available for
examination without charge and copies may be secured in accordance
with the "Notice Inviting Bids.,,
Examination of specifications and Site nf Work
There will be a MANDATORY Pre -Bid Conference for the purposes of
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.
In retation of Specifications and Contract Do um n s
If any bidder should find discrepancies in, or omissions 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 714/443-6363.
Addenda or Bulletins
The effect of all addenda to the contract documents shall be
considered in the bid and said addenda sha11 be made a cart of the
contrast documents and shall be returned with them. Before
submitting his bid, each bidder shall inform himself as to whether
or not any such addenda have been issued. A signed copy of any
0 0
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.
Discrualification 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.
Pronosals
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.
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,
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 Rejection 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
0 0
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."
21
0 0
COMPANY DATE
ADDRESS PHONE
TQT STZR IN 90 FRET
DISCING
EDGING*
fig,
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 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
0
the bidder has not in any manner sought by collusion to secure for
himself an advantage over any other bidder.
Company
Address
Phone
By _
Title
Date
Are subcontractors to be used on this project? Yes No
If yes, please complete the following:
Name of Subcontractor
Address
Type of Work
***************************
Name of Subcontractor
Address
Type of Work
Phone
Phone
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.
3
(TO BE
STATE OF CALIFORNIA
County of Orange
he is
• NON -COLLUSION AFFIDAVIT •
EXECUTED BY BIDDER AND SUBMITTED WITH BID)
of
ss.
being first duly sworn deposes and says that
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 with said bidder in this general
business.
Dated:
On this, the
day of
Signature:
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)
instrument, and acknowledged that
Witness my hand and official seal.
subscribed to the within
executed it.
Notary Public in and for said State
W
0
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
1.
2.
3.
4.
5.
6.
7.
8.
Subcontractor Address Phone No.
10
Bidder's Name
Authorized Signature
0
rI
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. 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
0 0
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:
12
Signature
0 9
XFAa XQ
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.
Date
Signature
Name
Company
THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART
OF YOUR QUOTATION.
N*1
�, ' :• •,.
ii - • - t1 1. .1• •.. - •1
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.
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.
- n .. , y f- 1 • 1
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.
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
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.
3. Inspection - The City representative shall at all times have
access to the work during its progress, and shall be furnished
with every reasonable facility for ascertaining that the
materials and the workmanship are in accordance with the
requirements and intentions of these specifications.
Inspection of the work shall not relieve the contractor of any
of his obligations to fulfill the contract as prescribed.
Defective work shall be made good, and unsuitable materials
may be rejected, notwithstanding that such defective work and
materials have been previously overlooked by the City
representative and accepted or estimated for payment.
4. Fquipm n - The contractor shall provide adequate and suitable
equipment to meet the above requirements and, when ordered by
the City representative, shall remove unsuitable equipment
from the work.
Minimum Equipment List:
a. One track -type tractor (Caterpillar size D-4 or equal,
and being less than ten years old) equipped with the
following:
1. A minimum 716" wide disc of pull -type off -set with
blades of 2611 or larger.
2. Minimum weight of disc shall be two ton.
is
0 0
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.
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
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.
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.
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.
17
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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.
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.
WIMMMM-MMMUM, a 74w 3WERFIMM 31731mM Z
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.
MI
•
0
1. Work to be Done - Work to be done consists of furnishing all
labor, methods of processes, implements, tools, machinery and
materials, which are required to identify, list and clean
those areas designated by the City representative, and to
leave the grounds in a neat condition. If the City
representative determines that the contractor has not
satisfactorily cleaned any designated areas, he shall cause
the payment for the cleaning of such areas to be withheld
until such areas are properly cleaned.
The contractor shall furnish and maintain maps designating
exact locations and areas of lots and parcels cleaned. He
shall submit to the City reports of completion of work
identifying each parcel by 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. Di_scina - 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.
4. 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
I]
0 0
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. Fxtra 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 my 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
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8. Authorization of Work - Work will not be performed without
prior approval and only as authorized by the City representative.
21
1995 WEED AND RUBBISH ABATEMENT
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. TEBM. This agreement shall commence on the
day of 1995, and shall remain and continue in effect
through December 31, 1995.
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 1995 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:
rix,
•
n
u
11000001F �_011
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 TERMINATIO . 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
SEVENTH. C-ENERAL. PREVAILING RATE OF PER DIEM WAGES. Pursuant to
the Labor Code of the State of California, copipA of tbp prevailing
rate of per diem wage, 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 5500,000
Combined ingle Limit.
In addition, CONTRACTOR is required to provide proof of automobile
insurancA and workers compensation insurance. Insurance
certificates must be in force for the duration of the contract.
Worker's Comnensation - 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
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 0 HER PROVISIONS OF LAW RELATIVE M -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-DISCLOSURF. RFOUIRF.MFNTS/CONFT.rrm 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
0 0
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:
CITY OF SAN JUAN CAPISTRANO
BY:
Collene Campbell, Mayor
BY•
Contractor
Richard Denhalter, City Attorney
26
0
•
CITY OF SAN JUAN CAPISTRANO
COUNTY OF ORANGE, STATE OF CALIFORNIA
SPECIFICATIONS
AND CONTRACT DOCUMENTS
1995 WEED AND RUBBISH ABATEMENT PROGRAM
CAROLYN NASH, MAYOR
GIL JONES WYATT HART
COLLENE CAMPBELL DAVID SWERDLIN
CITY MANAG _R
GEORGE SCARBOROUGH
RONALD C. SIEVERS
0
JANUARY 1995
0
1995 WEED AND RUBBISH ABATEMENT PROGRAM
Notice Inviting Bids . . . . . . . . . . . .
. . . . . . 1
Instruction to Bidders . . . . . . . . . . .
. . . . . . 3
BidProposal . . . . . . . . . . . . . . . .
. . . . . . 7
Non -Collusion Affidavit . . . . . . . . . . .
. . . . . . 9
Designation of Sub -Contractors . . . . . . .
. . . . . . 10
Statement of Experience . . . . . . . . . . .
. . . . . . 11
Statement of Equipment . . . . . . . . . . .
. . . . . . 12
Statement of General Information . . . . . .
. . . . . . 13
General Provisions . . . . . . . . . . . . .
. . . . . . 14
Detail Specifications . . . . . . . . . . . .
. . . . . . 19
Contract. . . . . . . . . . . . . . . . . .
. . . . . . 21
•
0
• 1995 WEED AND RUBBISH ABATEMENT PROGRAM
NOTICE TNVITTN- BID
Public notice is hereby given that the City of San Juan Capistrano
will, up to 2:00 p.m.. on the 21st day of February,. 1995, receive
sealed proposals or bids for the 1995 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 2.00 p.m. on the 7th
day of February. 1995, 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 them
1
• 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
�I�L�.'tccAru 3, /995
Cheryl J6hnsidn, City C el r]c
City of San Juan Capistrano
Orange County, California
2
• INSTRUCTION TO BIDDERS
spolre nnnilmpntc
Specifications and other contract documents will be available for
examination without charge and copies may be secured in accordance
with the "Notice Inviting Bids."
Examination of Specifications and Site nf Work
There will be a MANDATORY Pre -Bid conference for the purposes of
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.
Tnterprptatinn nf specificationsand Cont -ant Documents
• If any bidder should find discrepancies in, or omissions 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 714/443-6363.
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 part of the
contract documents and shall be returned with them. Before
submitting his bid, each bidder shall inform himself as to whether
or not any such addenda have been issued. A signed copy of any
40 3
• 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.
Di_s.rnialifina.ion of niddpra
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.
Prnpnsa l s
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.
Contractor is required to possess a City Business License.
rnsurance
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,
40 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.
• Qnening 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 Rejection of Bads
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.
0 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.
m rm;na l=
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."
0 6
COMPANY
ADDRESS
T T SIZE IN SO FEET DISCINP
0 to 7,200 SF $
7,201 to 21,780 SF $
21,781 to 43,559 SF $
1 Acre $
Over 1 Acre**
DATE
PHONE
I�T$ii CrEi
*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? Yes No
If yes, please complete the following:
Name of Subcontractor
Address
Type of Work
***************************
Name of Subcontractor
Address
Type of Work
Phone
Phone
• 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)
• STATE OF CALIFORNIA )
ss.
County of Orange )
being first duly sworn deposes and says that
he is of
the party making the foregoing bid; that such bid is not made
in the interest or on behalf of any undisclosed person, partnership, company,
association, organization, or corporation; that such bid is genuine and not
collusive or sham; that said bidder has not directly or indirectly induced or
solicited any other bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or that any one shall refrain
from bidding; that said bidder has not in any manner, directly or
indirectly, sought by agreement, communication or conference with any one to
fix the bid price of said bidder or of any other bidder, or to fix the bid
price of or cost element of such bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of
any one interested in the proposed contract; that all statements contained in
such bid are true; and further, that said bidder has not directly or
indirectly, submitted his bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid and will
not pay any fee in connection therewith, to any corporation, partnership,
company, association, organization, bid depository, or to any member or agent
thereof, or to any other individual except to any person or persons as have
•a partnership or other financial interest with said bidder in this general
business.
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,
name (s)
instrument, and acknowledged that
Witness my hand and official seal.
Notary Public in and for said State
0
to be the person(s)
subscribed to the
executed it.
whose
within
• 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
1.
2.
3.
• 4.
5.
6.
7.
8.
Subcontractor Address Phone No.
Bidder's Name
Authorized Signature
0 10
•
'i�1j:V 1�71u1�1i{1it�f:1��►:i• �
THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART
OF QUOTATION.
1.
Bidder's Name Company Name
2.
3.
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
0 11
•
71u1 � • • ' ul �
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
• 12
• GTATFMFNT OF GENERAL INFORMATION
YxH NQ
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.
is 13
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.
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 Work
The Enforcement Officer shall have the authority to suspend
the work wholly, or in part, for such period as he may deem
• necessary due to unsuitable weather or to such other
conditions as are considered unfavorable for the suitable
prosecution of the work, or for such time as he may deem
necessary due to the failure on the part of the contractor to
carry out orders given, or to perform the work in accordance
with these specifications. The contractor shall immediately
comply with the order of the Enforcement Officer to suspend
the 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.
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
n
L_J
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.
2. Interpretation of Sp if' a ;ons - 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.
3. Inspection - The City representative shall at all times have
access to the work during its progress, and shall be furnished
with every reasonable facility for ascertaining that the
materials and the workmanship are in accordance with the
requirements and intentions of these specifications.
• Inspection of the work shall not relieve the contractor of any
of his obligations to fulfill the contract as prescribed.
Defective work shall be made good, and unsuitable materials
may be rejected, notwithstanding that such defective work and
materials have been previously overlooked by the City
representative and accepted or estimated for payment.
4. Eg,ipm.n - The contractor shall provide adequate and suitable
equipment to meet the above requirements and, when ordered by
the City representative, shall remove unsuitable equipment
from the work.
Minimum Equipment List:
a. One track -type tractor (Caterpillar size D-4 or equal,
and being less than ten years old) equipped with the
following:
1. A minimum 716" wide disc of pull -type off -set with
blades of 26" or larger.
2. Minimum weight of disc shall be two ton.
0 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.
T,egal Relations and Responsibility
1. Preservation of Property
Due care shall be exercised to avoid injury to street
improvements or facilities, utilities facilities, adjacent
property, and roadside trees and shrubbery that are not to be
removed. If ordered by the Director of Public 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
• 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.
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 nf 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 Rntpr PrivatPmia o Aha a Nui--Ancp.M
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.
40 18
C�
1. Work to be Done - Work to be done consists of furnishing all
labor, methods of processes, implements, tools, machinery and
materials, which are required to identify, list and clean
those areas designated by the City representative, and to
leave the grounds in a neat condition. If the City
representative determines that the contractor has not
satisfactorily cleaned any designated areas, he shall cause
the payment for the cleaning of such areas to be withheld
until such areas are properly cleaned.
The contractor shall furnish and maintain maps designating
exact locations and areas of lots and parcels cleaned. He
shall submit to the City reports of completion of work
identifying each parcel by 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. Discnp - 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.
4. 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.
0 20
• 8. Au ho i.a ion of Work - Work will not be performed without
prior approval and only as authorized by the City representative.
•
0 21
• 1995 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. TEEM. This agreement shall commence on the
day of 1995, and shall remain and continue in effect
through December 31, 1995.
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 1995 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
• TQT ST . . IN SQUARE F . .T DTSCTNa 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 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
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.)
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. (7HEEA_ PROVTSIONS. General provisions for the work to be
performed are contained herein and are made a part of this
agreement by reference.
0 23
• SEVENTH. GENERAL PREVAILING RAT . OF PER DIEM -WAGES. pursuant to
the Labor Code of the State of California, ponies of the prevailing
rate of Far dim waags, 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 d naming the City
and its elected and appointed officials as additional insured,
which such policies shall be of an amount not less than S500,000
Combined Sing1p Linit.
In addition, CONTRACTOR is required to provide proof of automobile
innuranca and workerg commennatinn 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. COMPT-TANCE WITH OTHER PROVTRTONC OF TAW RELATIVE TO PTMT.Tr
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-DTS 7 S TRF. RF.O TTR .MF.NTS/CONFLTCT OF TNTFRFST.
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
0 25
• 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. T.TGF.NSTN- 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
0 26
CITY OF SAN JUAN CAPISTRANO
BY:
Collene Campbell, Mayor
BY:
Contractor