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1992-0915_H/M EXCAVATING INC_ContractCOMPLETI THIS INFORMRTION: I 92-681858 RECORDI G REQUESTED BY: FIND WHEN RECORDED MRIL TO: Eqc?r,0ADE0 1N OFFICVPr-pL1FORNIA CF ORANGE COUNTY, 4:00 SEP 18 1992 Pel{ /nn Recorder 7 Titles $ @° �" EX Add. $ Pg@$ Lien Nt $ (a7$ Other Total RP.4. Fees $ D.T.T. PDDR SMF RDE -6 THIS SPRCE FOR RECORDER'S USE ONLY `rhes pounjpe e®n+0WS +he ceocc J ricf Aorrr&-H&n 5V + e K�o+lee of e0mP1e+1cf0 .for fI d -M FXCAvnT/NG-, 1992 weed pb demeni- Preyntm, THIS PRGE ROBED TO PROUIDE ROEOURTE SPRCE FOR RECORDING INFORMRTION (Rdditional recording Tee applies) 0 01 It RECORDED AT tHE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN T GOVERNMENT CODE SECTION 6103 City of San Juan apistrano City Clerk's Dep rtment 32400 Paseo Ade anto Cheryl John n, ity Clerk San Juan Capistr no, CA 92675 City of San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contact was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to H & M Excavating, Inc., for the performa ce of the following work, to wit: 1992 WEED ABATEMENT PROGRAM That said work was completed on August 4, 1992, by said company according to plans and specifica ions and to the satisfaction of the Director of Public Lands and Facilities of the City f San Juan Capistrano, and that said work was accepted by the City Council of the City f San Juan Capistrano, as owner, 32400 Paseo Adelanto, San Juan Capistrano, Ca, Ii 92675, at a regular meeting thereof held on the 15th day of September, 1992, by Resol tion No. 92-9-15-1 Dated at San Juan Capistrano, California, this 16th day of September 1992. Cheryl Joh: ity Clerk City of San Juan Capistrano STATE O� CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, CHER L JOHNSON, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Complet on was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano, California, this 16th day of September , 1992. Cheryl Johnsbh,&7Aty Clerk City of San Juan Capistrano • • T 6i �.J 1992 WEED AND RUBBISH ABATEMENT CONTRACT This CONTRACT is made and entered into by and between the CITY OF SAN JU N CAPISTRANO, hereinafter referred to as CITY and H & M Excava in a. Inc., hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. TERM. This agreement shall commence on the 1st day of May, 1)92, and shall remain and continue in effect through December 31, 1992. SECOND. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Contractor's proposal, Contract Agreem nt, the 1992 Weed and Rubbish Abatement Specifications, Statem nts of Experience, Equipment and General Information, and the Ge eral Provisions. 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 1992 Weed and Rubbish Abatement Program per the Contract documents. The CONTRACTOR shall commence work at the time fixed by the City Enforce ent Officer and the entire work contemplated hereunder shall b completed by June 30, 1992. Time is of the essence, and the CON RACTOR shall be prepared to commence work on ten (10) days writtenj notice from the Enforcement Officer (unless otherwise direcW by the City Council) for good cause. FOURTH.1 PAYMENT. The CONTRACTOR agrees to perform the work set forth 'n the aforesaid specifications diligently and in a good workman ike manner, and the CITY agrees to pay for said work after satisfa tory completion on the following basis: -1- 9 0 S12E IN SQUARE FEET DISCING EDGING* MOWING 0 to 7,200 SF $ 98.00 $2.45 $ 98.00 7,201 to 21,780 SF $ 98.00 $2.45 $ 98.00 21,781 to 43,559 SF $ 49.00 $2.45 $196.00 1 Zcre $ 24.50 $2.45 $196.00 Ovdr 1 Acre** *Ed ing of acreage shall be bid per 100 lineal foot. **Pa cels with square footage exceeding one acre shall be calcu- late 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 $37.00 - Per 100 SF $ 2.45 HaLabor and Tools - Per 100 SF $ 2.45 (I cludes all labor and equipment necessary to cl n designated property and dispose of rubbish ac mulated.) FIFTH GENERAL PROVISIONS. General provisions for the work to be perfo d are contained herein and are made a part of this agreeme t by reference. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of Der them of er diem w�, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the Ci:y Clerk, 32400 Paseo Adelanto, San Juan Capistrano, Califor ia, and are hereby incorporated and made a part hereof. CONTRAC OR 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. SEVENTH 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. EIGHTH. LIABILITY INSURANCE. CONTRACTOR shall maintain at all times dring this contract liability and property damage insurance, naminginsured, he City and its elected and appointed officials as addi- tional which such policies shall be of an amount not less -2- 0 0 than $ 00,000, Combined Single Limit. In addition, Contractor is requir d to provide proof of automobile insurance and workers compen ation insurance. Insurance certificates must be in force for th duration of this 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 shallrovide to City the policy certificate establishing that the requir d 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. NINTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRA S. 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 ontracts are a part of this contract to the same extent as though et forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hou s 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 permitt d by law. TENTH. 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 suffici nt to complete when same is deposited in the U.S. Mail, first c ass postage prepaid. In the Nvent this Contract is terminated by CITY, CONTRACTOR shall be paidthe value of services performed by him pursuant to this Contracl prior to the date of termination thereof, such value to be -3- 9 9 the to al to which he shall have become entitled, as determined by the CI Y, less the amount of any payments previously made to CONTRA TOR, but in no event exceeding the maximum contract amount stated in Section 4. LICENSING REQUIREMENT. CONTRACTOR is required to a valid City Business License. IN WITOESS WHEREOF, this contract is executed by the duly author zed agent(s) of City, pursuant to Council action, and by CONTRA OR on the date set before the name of each. DATED: ATTEST: AS TO FORM: -4- CITY OF SAN JUAN CAPISTRANO BY: Gil -"Jones, Mayor 3. 4. 01 M 7. 0 a resubmitted List of Demands dated August 20, 1992, in the total amount of $2,201,955.17 was ved and filed, as modified. City Treasurer's Report of Investments as of August 20, 1992, in the total amount of $17,780,278.13 received and filed. e Report dated September 15, 1992, from the Director of Planning Services, regarding actions taken the meeting of August 25, 1992, was ordered received and filed. e Report dated September 15, 1992, from the Director of Planning Services, regarding actions taken the meeting of September 2, 1992, was ordered received and filed. e Report dated September 15, 1992, from the Director of Planning Services, regarding actions taken the meeting of August 27, 1992, was ordered received and filed. .e Reports dated September 15, 1992, from the Director of Planning Services, regarding actions taken the meetings of August 25 and September 8, 1992, were ordered received and filed. 9. RIESOLUTION. NOTICE OF COMPLETION AND FINAL REPORT - w wTCUC1.Pr nn/lnn ♦ll /Ti o -1l "IAI II set forth in the Report dated September 15, 1992, from the Director of Public Lands and Facilities, following Resolution was adopted: RESOLUTION NO 92-9-15-1 COMPLETION OF 1992 WEED ABATEMENT PROGRAM (H&M EXCAVATION. INC,) - 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 1992 WEED ABATEMENT PROGRAM (H&M EXCAVATING, INC.) Resolution accepted the weed abatement work as complete by H&M Excavating, Inc. in the amount 10,531.05. The City Clerk was directed to forward a Notice of Completion to the County Recorder. f was authorized to release the 10% retention in the amount of $1,053.10 thirty-five (35) days after rding the Notice of Completion. -3- 9/15/92 0 September 15, 1992 TO: Stephen B. Julian, City Manager FROM: Ronald C. Sievers, Director Public Lands and Facilities 1992 Weed Abatement Program - Resolution, Notice of Completion and Final Report By reso ution, determine that the work for the 1992 Weed Abatement Program has been completed and authorize staff to release the 10% retenti n, in the amount of $1,053.10, thirty days after the recordi g of the Notice of Completion. The Cit of San Juan Capistrano annually conducts a Weed Abatement Program in accordance with City Ordinance No. 348. This ordinance require that all properties not in compliance with the ordinance be cleared of noxious and hazardous weeds, debris and refuse by a City Contractor. The 1992 Weed Abatement Program has been complet d and is ready for acceptance by the City Council and recorda ion of a Notice of Completion. Thirty days following this action, the 10% retention monies will be released. H & M E cavating 26816 C lle Juanita Capistr no Beach, CA 92624 Not applicable. The con ract was awarded to H & M Excavating for $10,687.19 and has beenc pleted for $10,531.05. A total of 40 properties were abated his year (22 private, 13 City, 5 City CRA), compared to 36 propert es in 1991. City C�uncil approval will result in the release of the 10% retenti n to the City Contractor in the amount of $1,053.10. FOR CITY COUNCIL AGEN 3q resolve has bee $10,531 Comple Of .SPT /:1 RESOLUTION NO. 92-9-15-1 OF 1992 WEED ABATEMENT PROGRAM (H & M EXCAVA A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE 1992 WEED ABATEMENT PROGRAM (H & M EXCAVATING, INC.) WHEREAS, in May, 1992, the City of San Juan Capistrano entered into a with H & M Excavating, Inc., for the 1992 Weed Abatement Program; and, WHEREAS, the Director of Public Lands and Facilities has evaluated the final and cost figures and recommends approval. NOW, THEREFORE, the City Council of the City of San Juan Capistrano, does follows: SECTION 1. That the work required to be performed by said contractor completed. That the total cost of said work is in the amount of SECTION 3. That the work is hereby accepted and approved. SECTION 4. The City Clerk is directed to forthwith forward a "Notice of n" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 15th day mh Pr . 1992. AML -JQN , MAYOR • • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, Califor ia, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 92-9-15-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 15th day Of I, 1992, by the following vote: AYES: Councilmen Friess, Hausdorfer, Harris, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL J05NSPN, CITY CLERK -2- AGENDA TEM Septemb r 15, 1992 Page T 9 1. Ac�ept the completion of the 1992 Weed Abatement Program and au horize recording of the Notice of Completion. 2. DoInot accept completion of the 1992 Weed Abatement Program. 3. Refer to staff for additional information. By reso ution, determine that the work for the 1992 Weed Abatement Program has been completed and authorize staff to release the 10% retenti n, in the amount of $1,053.10, thirty days after the recordi g of the Notice of Completion. tted, Ronald .ever RCS:nb NOTICE TO PROCEED TO: Pete Sanchez H & M Excavating, Inc. 26816 Calle Juanita Capistrano Beach, CA 92624 Project: 1992 WEED AND RUBBISH ABATEMENT Amount of Contract: $10,687.19 MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY L HAUSOORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN You ar hereby notified to commence work on the above- referenced contract on approxi ately May 1, 1992, as per the staff direction of Dave Hubler, and to fully complet all of the work of said contract by June 30, 1992. Contract obligation for any addition 1 work that may be needed shall run through December 31, 1992. Dated this 17th day of April, 1992. ' 1' Qoo�vxa"'L Dawn M Schanderl Deputy City Clerk ACCEPTANCE OF NOTICE Rec 1 of the foregoing Notice to Proceed s hereby acknowledged by _. _, _��y r, _, this � day of ��,�� , 1992. 32400 P[ASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 6 (714) 493-1171 0 0 CONSENT CALENDAR TO: Stephen B. Julian, City Manager FROM: Ronald C. Sievers, Director Public Lands and Facilities March 17, 1992 Award of Contract - 1992 Weed Abatement Program By moti n, accept the bid as complete; award the contract to H & M Excavating, Inc., and authorize the Mayor and City Clerk to execute the do went on behalf of the City. In accordance with Ordinance No. 348, which sets procedures for the abatement of weeds and refuse, the City has solicited bids for the 1992 Weed Abatement Program. Staff is recommending that the 1992 Weed Abatement Contract be awarded to the low responsible bidder, H & M E cavating, Inc. Back ro nd Bids reeived for the 1992 Weed Abatement Program (which are good through April 8, 1992) were as follows: H M Excavating, Inc. $ 10,687.19 La aren Contractors, Inc. $ 19,529.30 St wart and Associates $ 20,656.60 Ed in Webber, Inc. $ 29,687.64 Proposa s received were bid on a unit price basis for discing, mowing,j handwork and trash clean-up. The final contractual estimat (as shown above) is based on the unit price bid by the contrac or applied to the final quantities of the prior year's weed abateme t program. Ed Stew rt Custom Weed Abatement was awarded the contract for the City's 991 Weed Abatement Program. The cost of the 1991 program was $10 905.50. H & M Excavating, Inc. is the low bidder for the 1992 We d Abatement Program, with an estimated cost of $10,687.19. A revi# of the qualifications of H & M Excavating, Inc. has t deermi ed their services and equipment to be acceptable, and their FOR CITY COUNCIL AGEND�w / ) 6 AGENDA ITEM • • March 17, 1992 Page Two bid to be complete. H & M Excavating, Inc. will be able to begin the abatement process in accordance with our proposed schedule. The 19 2 Weed Abatement Program (for the public) is anticipated to cowmen a May 22, 1992, and will be completed by June 30, 1992. Any additi nal service will take place throughout the year and will be perfo ed by the contractor on a call-back basis. H & M Excavating, Inc. Lambar n Contractors, Inc. Stewar and Associates Edwin IMebber, Inc. None Thisogram is financed by the property owners who require abatempe t service. An additional administrative fee is assessed to each a ated property to cover administrative staff time, City overhea and field inspection. In 1991, the Weed Abatement Program assessor nts totaled $10,905.50. 1. De ermine the bid by H & M Excavating, Inc. to be complete; ap rove the award of contract to H & M Excavating, Inc. for th 1992 Weed Abatement Program in the amount of $10,687.19; an I authorize the Mayor and City Clerk to execute the do uments on behalf of the City. 2. Do not accept the bid. 3. Re est additional information from Staff. By moti n, accept the bid as complete; award the contract to H & M Excavat ng, Inc., and authorize the Mayor and City Clerk to execute the doc ment on behalf of the City. Respect ully submitted, Ronald C. Sievers RCS:nb Bids Proj Proj Pre- Bidd 1. 2. 3. 4. 5. 5. cc: )ort p.m. Abatement Program Discing Edging Mowing Parkways Hand Labor sh Cleanup Discing Edging Mowing Parkways Hand Labor sh Cleanup Discing Edging Mowing Parkways Hand Labor sh Cleanup Discing Edging Mowing Parkways Hand Labor sh Cleanup Discing Edging Mowing Parkways Hand Labor sh Cleanup Bid Bid / dRv1/- Amount $dnd r� Iml Discing Edging Mowing Parkways Hand Labor sh Cleanup ad, �7 o c J ✓JO% Bid Opening Rej pened February 24, 1992 at 2:00 e t Title: 1992 Weed and Rubbish e t Engineer: Ron sievers Bid Estimate: $12,000 ey. La baren Constractors, Inc 0-7,200 sq ft Tra &PI Excavating, Inc./Pete's Trucking 0-7,200 sq ft Tra Stewart and Associates 0-7,200 sq ft Tra Edv in Wetber, Inc. 0-7,200 sq ft Tra 0-7,200 sq ft Tra 0-7,200 sq ft Tra City Clerk Staff (3) L&F Sign City Manager Date, )ort p.m. Abatement Program Discing Edging Mowing Parkways Hand Labor sh Cleanup Discing Edging Mowing Parkways Hand Labor sh Cleanup Discing Edging Mowing Parkways Hand Labor sh Cleanup Discing Edging Mowing Parkways Hand Labor sh Cleanup Discing Edging Mowing Parkways Hand Labor sh Cleanup Bid Bid / dRv1/- Amount $dnd r� Iml Discing Edging Mowing Parkways Hand Labor sh Cleanup ad, �7 o c J ✓JO% ��" i111AA0AAp1 unnnm 1961 1776 January 27, 1992 ADDENDUM NO. 1 SPECIFICATIONS & CONTRACT DOCUMENTS 1992 WEED AND RUBBISH ABATEMENT PROGRAM MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY HAUSOORFER GIL JONES JEFFVASOUEZ CITY MANAGER STEPHEN B JULIAN No California Contractor's License is required. No bonding is required for the Weed Abatement Contract. Liability and Property Damage Insurance are required, as well as Vehicle and Workers Compensation Insurance. Pleaselrefer to the detail corrections to the 1992 Weed and Rubbish Abatem nt Program as noted on the reverse side of this Addendum. The bider shall sign and return a copy of this Addendum No. 1 with the bid. Very Ronald Public my yours, k� C C. Sievers, Director Lands & Facilities 1 CONTRACTOR ISIRZ L— DATE 32400 P. SEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 Addendum No 1 - Detail Corrections Notice Inviting Bids - Second Page Statements referencing California Contractor's License requirements are incorrect: It has been determined by the State that no specific Contractor's License is required for weed abatement work. Delete paragraph beginning, "Each bidder shall state the California Contractor's License Number ..." Instruction to Bidders - Second Page Item No. 1 (Execution of Contract) - There should be no reference to contract bonds. In the first sentence. delete, "the two (2) contract bonds and". Bid Proposal - Page 5 and 6 Page 5 - No reference should be made to bond requirements. Paragraph beginning "We further agree .. " should read: "We further agree to enter into contract within 15 days after notification that the contract has been awarded." Page 6 - Delete line requesting Contractor's License Number. Designation of Sub -Contractors - Page 8 No reference should be made to bond requirements. Paragraph 1, last sentence should read: "If no sub -contractors are listed, all insurance will be written in the name of the general contractor only." Contract - Page 19 Page 19 - The section on Liability Insurance (Section 8) should read as follows: "EIGHTH. INSURANCE. CONTRACTOR shall maintain at all times g this contract liability and property damage insurance, le insurance, and workers compensation insurance, naming the and its elected ... It Page 21 - The section on License Requirement (Section 11) should read as follows: "ELEVENTH. LICENSE REQUIREMENT. CONTRACTOR is required to possess a valid City Business License." BID PROPOSAL • WEED do RUBBISH ABATEMENT - 1992 COMP NY H & M Excavating, Inc. DATE 2/20/92 ADDR S 26816 Calle Juanita, Capistrano Beach, Ca. 92624 LOT SIZE INSQUARE FEET DISCING EDGING* MOWING 0 t 7,200 SF $ 98.00 $ 2.45 $-9 8 —.0 0 7,2 1 to 21,780 SF $ 98.00 $ 2.45 $ 98.00 21, 81 to 43,559 SF $ 49.00 $ 2.45 $ 196.00 1 A re $ 24.50 $ 2.45 $ 196.00 Ov r 1 Acre** *E ging of acreage shall be bid per 100 lineal foot. **P rcels 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 pri e; i.e. 1.4 acres would be calculated at 1 acre (at the quoted price), plus 40% of the 1 acre price. Parkwa s - Per 100 SF $ 2.45 • Hand La or and Tools - Per 100 SF Includes all labor and equipment necessary to clean designated property and dispose of rubbish accumulated. $ 2.45 Trash clean-up and disposal per cubic yard. $ 37.00 • Ifaward d the contract, we agree to begin work per specifications and to complete per specific tions. We furt er agree to enter into contract within 15 days and furnish bonds in the form prescrib d by the City. This is a valid and binding proposal to do all the work herein bid upon for the prices set forth ab ve. -5- 0 I-1 L_J 11 BID PROPOSAL (Continued) WEED �c RUBBISH ABATEMENT The un ersigned hereby declares, as bidder, that the prices, terms or conditions of said bid hav not been communicated by the undersigned to any employee or agent of the City of San uan 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 directl or indirectly induced or solicited any other bidder to put in a sham bid, or any other p rson, firm or corporation to refrain from bidding, and that the bidder has not in any ma ner sought by collusion to secure for himself an advantage over any other bidder. State Contractor's License No.: 461726 H & M Excavating, Inc. 26816 Calle Juanita No.: (714) 496-9255 Are su ontractors to be used on this project: If yes, p ease complete the following: By: Pete Sanchez Title: President Date: 2/21/92 Yes No Name ol Sub -Contracting Company: Burns Contract Gradening & Landscaping Address 239 Avienda Pelayo Phone: (714) 492-8085 Type ofWork: Hand Work Name ofl Sub -Contracting Company: Phone: Type of If more Ithan two sub -contractors are to be used, please list additional companies on a separatel sheet. All bids must be received by the City prior to the hour indicated on the Notice Inviting Bids or t ey shall be returned unopened. 10 • • 0 0 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE" CALIFORNIA ) ss. County Fof" Orange ) Dory Sanchez , being first duly sworn deposes and say thatligisV.President of H & M Excavating, Inc. the party making the foregoing bid; that such bid is not ale in the interest of or on behalf of any undisclosed person, partnership, compan association, organization, or corporation; that such bid is genuine and not collusiv or sham; that said bidder has not directly or indirectly induced or solicited any other b or to put in a false or sham bid, and has not directly or indirectly colluded, conspir d, connived, or agreed with any bidder or anyone else to put in a sham bid, or that an one shall refrain from bidding; that said bidder has not in any manner, directly ndir t ly, sought by agreement, communication or conference with any one to fix the the bid pric 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 b y awarding the contract of any one interested in the proposed contract; that all stateme is 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 divul ed information or data relative thereto, or paid and will not pay any fee in connect on 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. February 21, 1992 On thishe 21st day of February , 19 92 before me, the undersigned, a Notary ublic in and for said State, personally appeared *** ORY SANCHEZ*** personally known to me/proved to me on the basis of satisfactory evidence, to be the person(,4 whose name(,s6 is subscribed to the within instrument, and acknowledged that she executed it. OFFICIAL SEAL BOBBIE Y DAN'ET my hand and official seal. o :p NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY My comm. ezpirm JUL 20, 1993 Bobbie Y. Danet -7- • 0 0 DESIGNATION OF SUB -CONTRACTORS with Proposal. I compliance with the Provisions of Section 4100-4107 of the Government Code of the St to of California as amended, the undersigned certifies that he has used the sub - bids of the following listed sub -contractors in making up his bid, and that the sub - contra tors listed will be used for the work for which they bid, subject to the approval of the Di ector of Public Lands and Facilities, and in accordance with the applicable provisi ns of the Specifications. It is understood and agreed that all those portions of the work ca lied for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds aid insurance will be written in the name of the general contractor only. lern of Work Sub -Contractor Address Phone No. 1. Hand Work Burns Landscape 239 Ave. Pelayo 492-8085 0 2. 3. 4. 5. 6. 7. 8. IA� rn a,4' BIDDER'S NAME AUTHORIZED IGNATURE n • 0 • 0 STATEMENT OF EXPERIENCE E THIS PGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF YOUR QUOTATION. 1. 1H h M Rxravatin¢.Tnr_ Bi der's Name Company Name 2. 26816 Calle Juanita , Capistrano Beach, Ca. 92624 Bu iness Address 3. (714) 496-9255 Bu iness Telephone Number 4. Pr vious Contracts Completed - Last Five (5) Years Contract From to _ Jurisdiction Dept. Head Amount T.R.W. Jerry Buckley $96,931.18 Gorham Co. $95,928.44 City 0 Laguna Niguel Randy Trinkuss $ 7,912.12 City Of San Clemente Lynn Hughes $28,700.00 Caoist ano Unified School District John Bishop $15,903.51 Ste, 3 OU 0.6 4 so U- \ NOTE: If more than twelve contracts were co m leted, please attach additional sheet. Signed: N e v Company ISS • 11 • STATEMENT OF EQUIPMENT THIS P GE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF YOUR UOTATION. 1. & M Excavatin ,Inc. Bi der's Name Company Name 2. 6816 Calle Juanita Bu iness Address 3. 714) 496-9255 Su iness Telephone Number 4. Sta a below the information for each tractor you have available for work. Type of Equipment Make of Tractor Serial Requ red You are Offering Model Year Number Skiploader MF -34 L8110 10. D-6 4X4827 D-3 27y1145 D-4 78A1332 Truck Peterbilt 2H98907 Trailer Lowbed UV7625 Mower 18406 l7, C SOS 2 If your uipment (tractor, disc, or blade) does not comply with the specifications of uipme t specified, state wherein your equipment differs so that full consideration can given b to all offers. MAR S: Signed: Cin L�jCyv.r _ ame y� w M �„�..•-� .G.__-.. vel Company �- -10- 0 u STATEMENT OF GENERAL INFORMATION • YES NO 1. Ar you the legal owner of all equipment being X 2. Do you intend employing subcontractors in any phase X of he clearing operation? 3. do ou or any subcontractor you intend to employ have X an additional contractual commitments occurring du Ing the term of this contract? If so, please list 4. Do you agree to make all equipment offered available X for inspection at one location on a mutually - est blished date? If not, please explain. • 5. Hae you under your name or any other ever had a X co ract cancelled or terminated for any reason? If so, lease explain. n 6. Haany subcontractor that you intend to employ X and r his name or any other ever had a contract can elled or terminated for any reason? If so, please The abo a information is true and accurate to the best of my knowledge. Signed: Dat ame Company THIS PAIGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF YOUR OlUOTATION. -11- 0 OF PUBLICATION STATE OF CALIFORNIA COUNTY OF ORANGE 1 am a citizen oft a United States and a resident of the County aforesaid. I am over th 3 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 ge feral circulation by the Superior Court of the County of Orange, State of California, on June 7, 1984, Case No. A•122949 in and for the City of San Juan Capistrano, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspappr and not in any supplement thereof on the following dates, to wit: January 23,E February 6, 1992 I declare under penaof perjury that the foregoing is true and CORBCt. Executed at Mission iejo, Orange County, California, on February 6, 1992 pistrano Valley News (A Publicatic on o/ South Orange County News) 23811 Via Fabricante P. O. Box 3629 Mission Viejo, California 92690 (714) 768-3631 0 RECEIVE,,Dpp Q Space below a 419 Sam 910 19Z CITY CLERK DEPARTMENT CITY OF SAN JUAN CAM STRAW Proof of Publication of NOTICE INVITING BIDS ............................................................................................. I ............... R,f .I 9 ors" Ju 9x the IM D P.Y. wase 2W mom � W rre m 9k in tseila9et- mow a YYallijammy 19,IMM CaE$yLJOHN9UN. CI77 _ 'all JOiliiAi 0 0 NOTICEIOF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Bea Gougeon, Legal FOR PU13LICATION ON: TO BE PUBLISHED: PROOF OF PUBLICATION: AUTHO IZED BY: DATE: January 15, 1992 Date of id Opening Date (s) otice published Date aff' avit received Date not ce posted in designated posting places (3) THURSDAY, JANUARY 23, 1992 THURSDAY, J NOTICE INVITING BIDS - 1992 WEED AND RUBBISH ABATEMENT PROGRAM Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 - 02/24/92 -01/23/92 -01/30/92 ggdl -- - 02/23/92 0 NOTICE INVITING BIDS 0 1992 WEED AND RUBBISH ABATEMENT PROGRAM Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the 1992 Weed and Rubbish Abatement Program until 2:00 P.M. on the 24th Jay of February, 1992. A MANDATORY pre-bid conference is scheduled at 10:00 A.M. on the 10th day of Februz ry, 1992, at the City offices to assist contractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Jun 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: I January 15, 1992 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA Resolution City Clerk amount of accepted the work as complete and authorized to release Monumentation Bond No. 30072218 in $2,873. s set forth in the Report dated November 19, 1991', from the irector of Public Lands and Facilities, the specifications ere approved for the 1992 Weed and Rubbish Abatement Program nd staff was authorized to call for bids. 1. Mayor Friess left the Council Chamber due to a conflict of inter st, and Mayor pro tem Buchheim presided. isideration of a Ridgeline Exception request for a private :ess road, to be located 120 feet from a General Plan .geline, for a single-family residential building site ,erally located southeast of San Juan Creek Road and north Hidden Mountain on Lot 13 of Tract 13823. At the meeting November 5, 1991, staff was directed to make additional uests of SDG&E, with Councilman Hausdorfer's assistance, the use of their easement which traverses the applicant's San Mateo Way rona del Mar, CA 92625 t dated November 19, 1991, from the Department of ing Services, stating that a letter was sent by the City :r to the President and Chief Executive Officer of SDG&E Ung the use of their easement, and efforts had been to meet with adjacent property owners. The results be reported at the meeting. The report included the i item from November 5, 1991. Tomlinson stated that he and the City Manager met with esentatives of SDG&E this date, who agreed to enter into -4- 11/19/91 0 0 CONSENTCALENDAR November 19, 1991 TO: I Stephen B. Julian, City Manager FROM: Ronald C. Sievers, Director Public Lands & Facilities SUBJECT: Review of Specifications and Authorization to Call for Bids - 1992 Weed and Rubbish Abatement Program City O dinance #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 he 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 1991 Weed Abatement Assessments was $10,905.30, compared to $26,945.27 in 1990. This sizeable drop in cost is directly associated with an aggressive notification program implemented with the 1991 program whereby citizens were notified of the upcoming program in early January and encouraged to do their own abatement. Now is the time to solicit new proposals for this service. Every year, tie physical characteristics of the City change somewhat, as does th type of work needed to abate weeds. Areas once disced by tractor may now have to be mowed, edged or handworked. Each year, the City solicits new proposals that reflect these changes. This insures that the City obtains the best and most economical contract for its citizens. To implement a new agreement before the 1992 program commences, it is necessary at this time to review the specifications so that advertising for new bids may begin. FOR CITY COUNCIL AGENDD�I 0 0 Agenda Novemb Page 2 NOT_IF I N/A 19, 1991 Not Applicable Nineteen (19) private parcels were abated by the City Contractor, at a co t of $4612.98, which in turn generated $7934.32 in revenue for the City. In addition, four (4) Community Redevelopment parcels were abated at a cost of $2788.15. This expense was paid for directly by the Community Redevelopment Agency. Finally, several City -owned parcels were abated by the Contractor, at a cost of $3504.17. This figure represents an operational cost which is considered an obligation of the City, generating no revenue. All costs associated with private property abatements have been submitted to the Orange County Auditor -Controller (August 191) for inclusi n on the property tax roll. These assessments include an overhead charge for administration of the program. 1. Ap rove the specifications for the 1992 Weed and Rubbish Ab tement Program and authorize advertising for bids. 2. Do not authorize the advertising for bids. 3. Re(fuest additional information from Staff. By moti n, approve the specifications for the 1992 Weed and Rubbish Abateme t -Program and authorize -the -advertising for bids.- __--- Respect ully submitted, C -- Ronald Sievers RCS/NB: 1 1992 WEED AND RUBBISH ABATEMENT PROGRAM NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, ilp to 2:00 .m, on the 24th day of February, 1992, receive sealed proposals or bids for the 1992 Weed and Rubbish Abatement Proarat in accordance with the approved specifications on file in the Office of the City Clerk of the City of San Juan Capistrano, Califonia. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Ju n Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. A MAND TORY re -bid conference is scheduled at 10:00 a.m. on the 10th dav of February, 1992, 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 recordE of the conference. Exclusive of written addendums and this pre-bic conference, the City shall not be responsible for any instructions, explanations, or interpretation of the specifications or con ract documents presented to the bidders in any manner. The City Council reserves the right to reject any and all bids receiv4Ed 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. BIDDERARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State f California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of 0 Industial Relations, are on file in the office of the City Clerk and sh ll 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. Each bidder shall state the California Contractor's License number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated Meryl JolinsCity Clerk City of San Ulan Capistrano Orange County, California -4- 9 �� 1 '�.mro,�l I mule llN 1776 23, 1992 H & Excavating 2681 Calle Juanita Capi rano Beach, California 92624 Re: MEMBERS OF THE CITY COUNCIL KENNETH E FRIESS JERRY HARRIS GARY L HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN 8 JULIAN The City Council of the City of San Juan Capistrano at its regular meeting held Septe ber 15, 1992, adopted Resolution No. 92-9-15-1, accepting the work completed for the 1992 Weed Abatement Program, in the amount of $10,531.02. A copy of Resolution No. 92-9-15-1 is enclosed for your information. The retention will be payable upon 35 days from recording of the Notice of 4Veryuly on. The Notice was recorded on September 18, 1992; therefore, the final in the amount of $1,053.10, may be released on October 23, 1992. u for your cooperation. yours, o on k cc: Director of Public Lands and Facilities A counts Payable 32400 PA$EO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 K 17, 1992 y jv► A it Al0Al0AAI10 nunneio I 1961 1776 MEMBERS OF THE CITY COUNCIL KENNETH E FRIESS JERRY HARRIS GARY L HAUSOORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN Recorder 's Office County of Orange P. O. Box 238 Santa Ana, California 92702 Re: Notice of Completion - 1992 Weed Abatement Program Gentlem n: The following document is enclosed for recordation: Notice of Completion of 1992 Weed Abatement Program by H & M Excavating 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, City Clet k Enclosure Document Number 92-631868 Er Date SEP 1 8 1992 o a -�= W LO CS w M U w Cr N O— W t/7 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 OLDEN EAG INSURANCE COMPANY .O. Box 85826 - San Diego, CA 92186-5826 ADDITIO L INSURED ENDORSEMENT Policy No: CCP -172088 OWNERS, LE SEES OR CONTRACTORS (FORM B) Insured: PET SANCHEZ Endorsement Number: 004 DB : PETE'S TRUCKING, H & M Agent: BOSW LL INSURANCE AGENCY Effective Date: 03/03/92 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsemt modifies insurance provided under the following: COMMERCI GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 32400 PAS O ADELANTO SAN JUAN APISTRANO, CA 92675 (If no entry app ars above, information required to complete this endorsement will be shown in the Declarations as applicable to th' endorsement.) WHO IS AN INURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but o ly with respect to liability arising out of "your work" for that insured by or for you. BRL-03/17/92 Copyright 1984 CG 20 10 (11-85) Insurance Services Office, Inc. ,�rrllla®6 CEIITIFICATE41F I INSURANCE 0 BBDE DIDD/YY) 3-- 20-20-92 PRODUCER 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. BOSWELL INSURANCE AGENCY COMPANIES AFFORDING COVERAGE P.O. B;X k648 MISSION '.IEJO, A 92690✓I�GLOD COMPANY A LETTER X55- 0436 AMERICAN STATES INS. CO. COMPANY B INSURED LETTER 3 TERRY BURNS DBA: COMPANY C BURNS CONTRACT LETTER F� ARDENING y c.J w 241 PELAYO k2 � COMPANY D SAN CLEMENTE, C 92672 LETTER n COMPANYv'-fir" �f LETTER E '� CIO j COVERAGES I� THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE DR THE POLSAyFERIOD INDII ATFn HnTWITHSTA DING ANY REDUIRFMPNT, TERM OR CONDITInN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISS ED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDIT IONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE ;LTR POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMIDDIYV) GATE (MMIDD/VY) GENERAL LIABILITY GENERAL AGGREGATE S 1,000,000 X COMMERCIAL GENERAL JABILITY PRODUCTS-COMPIOP AGS. $ 1,000,000 j CLAIMS MADE X OCCUR. PERSONAL & ADV. INJURY S 500,000 !A OWNERS & CONTRACTO 'S PROT. 01—CC-576563 —4 3-13-92 3-13-93 EACH OCCURRENCE $ 500,000 FIRE DAMAGE (Any one lire) $ 50,000 MED. EXPENSE (Any one person) $ 000 AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO I LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM WORKER'S COMPENSAT STATUTORY LIMITS ON EACH ACCIDENT - AND ' DISEASE—POLICY LIMIT B EMPLOYERS' LIABIL17Y - DISEASE—EACH EMPLOYEE ; OTHER DESCRIPTION OF OPERATIONS/LO ATIONS/VEHICLES/SPECIAL ITEMS ALL OPERATIONS PERFORMED BY THE INSURED ON BEHALF OF THE ADDITIONAL INSURED CERTIFICATE HOLDER & ADDITIONAL INSURED: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUIN CAPISTRANO & ITS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ED((>iI ELECTED & APPOINTED OFFICIALS MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 32400 PASEO AD LANTO LEFT, RF➢thio_�174LLXf}3�W[dR�LFSrxk4�X;GIXC�LXlfdPffiISEL�AJXg6PCAR SAN JUAN CAPIS RANO, CA 926T5 ATTN: CITY CLERK DEPT. DAWN SCDERL AUTHORIZED REPRESENTATIVE JOE A. BOSWELL/mc ACORD 25•S (7/90) ®"RPORA ®AMERICAN STATES AMERICAN STATES INSURANCE COMPAN PAGE 1 INSURANCE • INDIANAPOLIS, INDIANA Ae IUNCOWMTIO LLCWMATpN w COMMERCIAL INSURANCE POLICY NAMED TERRY URNS DBA: BURNS INSURED CONTRAIT GARDENING AND 241 PE AYO #2 MAILING - SAN CL MENTE, CA 92672 ADDRESS THE MESSAGE RE DECLARATION. IF ADDING ADDITI CITY OF SAN J 32400 PASEO A SAN JUAN CAPI POLICY NUMBER 01 -CC -576563-4 AGENT BOSWELL INSURANCE AGENCY NAME P O BOX 4648 AND 25411 CABOT RD, STE 206 ADDRESS MISSION VIEJO, CA 92690 04-08681 (714)855-0430 NCED BELOW PROVIDES YOU WITH INFORMATION PERTINENT TO THE ATTACHED POLICY HAVE ANY QUESTIONS REGARDING YOUR INSURANCE, PLEASE CONTACT YOUR AGENT. INSURED PER CG2010 CAPISTRANO & ITS ELECTED & APPOINTED OFFICIALS , CA. 92675 6-2652 (1-92) LOS ANGELES 121(92176) AC INSURED COPY PREPARED 03-25-92 NAMED INSURED MAILING ADDRESS: POLICY * * THE * RICAN STATES INSURANCE COMP PA�E 01 INDIANAPOLIS, INDIANA AGT *************** E 20-92.........* POLICY NUMBER: 01 -CC -576563-4 DBA: BURNS AGENT: BOSWELL INSURANCE AGENCY DENING P 0 BOX 4648 2 25411 CABOT RD, STE 206 CA 92672 MISSION VIEJO, CA 92690 (71468 ) g55-0430(385) FROM 03-13-92 TO 03-13-93 IN YOUR POLICY RESULTS IN NO CHANGE IN PREMIUM. THE FOLLOWING HAS BEEN ADDED ---------------------------- OTHER # 1 CITY OF SAN JUAN CAPISTRANO & INTERESTS: ITS ELECTED & APPOINTED OFFICIALS 32400 PASEO ADELANTO SAN JUAN CAPISTRANO , CA 9267 CERTIFICATE HOLDER PREMISES #001 9-CM(01-86) �OS ANGELES (92176) INSURED COPY PREPARED 03-25-92 * * * POLICY C GE EXTENSIO� EFFECTIVE 03/20/92 NAMED INS ED: TERRY BURNS DBA: BURNS THE FOLLO ING FORMS HAVE BEEN ADDED OR CHANGED -CG2010(115-------- ------------------------------------ ) • PAGE 02 AGT* POLICY NUMBER: 01 -CC -576563-4 9-CM(01-86)1 LOS ANGELES (92176) PREPARED 03-25-92 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ • CAREFULLY. ]INSURAN"�5 ADDITIONAL INSURED - OWNERS, LESSEES CG 20 10 1185 "UNC= MnONM `OWOMTM OR CONTRACTORS FORM B COMMERCIAL GENERAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person r Organization: CITY OF SAN JUAN CAPISTRANO & ITS ELECTED & APPOINTED OFFICIALS (If no entry appez rs above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSL RED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with resl iect to liability arising out of "your work" for that insured by or for you. Copyright, Insurance : ;ervices Office, Inc., 1984 • FROM FINANCIAL INDE N P 0 BOX 7754 BURBANK CA 915 0 Dari • Y r') I 14 i /y) f / '% -V11)7/, RECEIVED Nc 18 4 57 PES "33L BEISSEL-MCKINLEY 2694 ACrQl INT ITY CO (ISLANDIA INS SVS) REINSTATEMENT NOTE 2694 P 0 BOX 749 TUSTIN CA 92681 08/15/92 IC 3873036 10405 7 IT IS UN ERSTOOD THAT POLICY NUMBER C 3873036 IS REINS ATED EFFECTIVE 08/29/92 AND IS IN FULL FOR E AND EFFECT. TO BURNS TERRY R CITY OF SAN JUAN CAPISTRANO 239 PELAYO ITS APPOINTED OFFICIALS SAN CLEMENTE CA 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 BALANCE E FROM BEISSEL-MCKINLEY FINANCIAL INDE NITY CO (ISLANDIA INS SVS) P 0 BOX 7754 P 0 BOX 749 BURBANK CA 915 0 TUSTIN CA TEL 2694 ArCOUNT-:::I REINSTATEMENT NOTEImRl;n 26911 92681 08/15/92 IC 3873036 104051 IT IS UN ERSTOOD THAT POLICY NUMBER C 3873036 IS REINS ATED EFFECTIVE 08/29/92 AND IS IN FULL FOR E AND EFFECT. BURNS TERRY 239 PELAYO SAN CLEMENTE DP49 TO R CITY OF SAN JUAN CAPISTRANO ITS APPOINTED OFFICIALS A 32400 PASEO ADELATO SAN JUAN CAPISTRANO CA 92675 M�W�T FROM BEISSEL-MCKINLEY 2694 FINANCIAL INDE NITY CO (ISLANDIA INS SVS) P 0 BOX 7754 P 0 BOX 749 BURBANK CA 915 0 TUSTIN CA I 92681 DESCRIPTION AGENT TELEPHONE 714 838-191 IT IS UN ERSTOOD THAT POLICY NUMBER C 3873036 IS REINS ATED EFFECTIVE 05/11/92 AND IS IN FULL FOR E AND EFFECT. TO BURNS TERRY R CITY OF SAN JUAN CAPISTRANO 239 PELAYO ITS APPOINTED OFFICIALS SAN CLEMENTE CA 32400 PASEO ADELATO SAN JUAN CAPISTRANO CA 92675 0aa9 ACCOUNT REINSTATEMENT NOTE 2694 05/01/921 C 3873036 0405 �K y FROM FINANCIAL INDE P 0 BOX 7754 BURBANK CA 915 ( i) BEISSEL-MCKINLEY ITY CO (ISLANDIA INS SVS) P 0 BOX 749 TUSTIN CA 92681 2694 ACCOUNT DESCRIPTION BALANCE REINSTATEMENT NOTE 2694 05/01/921 C 3873036 10405 OP49 DESCRIPTION BALANCE AGENT TELEPHONE 714 838-1911 IT IS UNDERSTOOD THAT POLICY NUMBER C 3873036 IS REINST TED EFFECTIVE 05/11/92 AND IS IN FULL FORC AND EFFECT. TO BURNS TERRY R CITY OF SAN JUAN CAPISTRANO 239 PELAYO ITS APPOINTED OFFICIALS SAN CLEMENTE Ck 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 OP49 D t C _ a m i:np �V m T -£ 1 �A tV DESCRIPTION OF OPERATIONS/LOCATIOMS/VERICLES/SPECIAL ITERS AND ADDITIONAL INSURED CITY OF SAN JUAN CAPISTRANO & ITS ELECTED & APPOINTED OFFICIALS 32400 PASEO AD LANTO SAN JUAN CAPIS RAN, CA 92675 4ilL'E7. J.ATI�I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXIPRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 110 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES 03/1 R/92 PRODUCER BEISSEL—MCKINL Y—REAGAN INSURANCE AGEN Y, INC. P. 0. BOX 749 TUSTIN, CA 92681 ( 714) 838-0601 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 COMPANIES AFFORDING COVERAGE COMPANY A LETTER FINANCIAL INDEMNITY CO. COMPANY B LETTER INSURED TERRY R. BURNS 239 PELAYO SAN CLEMENTE CA 92672 COMPANY ,+ LETTER C COMPANY D LEITER COMPANY E LETTER THIS IS TO CERTIFY THAT TH POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDII iG 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 CONDITIOt IS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Do LTR TYPE OF MURAWCE POLICY NB DA(MRIFECTIVE M DA�TION E(NY) LA.RB SEMEAAL LIABILITY COMMERCIAL GENERAL UA IIUTY CLAIMS MADE OCCUR. OWNERS & CONTRACTOR.-PROT. GENERALAGGREGATE E PRODUCTS-COMP/OP AGG. E PERSONAL & ADV. INJURY E EACH OCCURRENCE E FIRE DAMAGE (Any one fire) E MED EXPENSE (Anyone person) E AUTUMILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE UABILRV C 3873036 02/21/92 02/21/93 COMBINED SINGLE § UMIT BODILY INJURY § (Per Person) 100,000 X BODILY INJURY § (Per a Idenl) 300,0001 PROPERTY § DAMAGE 50 OOO MSS LIABILm UMBRELLA FORM OTHER THAN UMBRELLA FO IM EACH OCCURRENCE E AGGREGATE § IOLKER'S COPEMSATION NO EMLP/ERS• LLABILm STATUTORY LIMITS EACH ACCIDENT E DISEASE-POUCY LIMIT E DISEASE -EACH EMPLOYEE E OTTER PHYSICAL DAMA E LIMBI C 3873036 02/21/91 02/21/92 $500 DEDUCTIBLE 30/60 DESCRIPTION OF OPERATIONS/LOCATIOMS/VERICLES/SPECIAL ITERS AND ADDITIONAL INSURED CITY OF SAN JUAN CAPISTRANO & ITS ELECTED & APPOINTED OFFICIALS 32400 PASEO AD LANTO SAN JUAN CAPIS RAN, CA 92675 4ilL'E7. J.ATI�I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXIPRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 110 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES bt l ll 5 -.)1 1 1rjT-j CLEW- 9�p�R^ni�A��MEpN DEE�RTMEt lUaN 1UAk G o�`;.7X'UpN f., OF 11"A, RECEIVED MAR 19 3 57 PM 192 CITY CLERK OEPARTMENT CITY OF 5AN .IJAN CAPISTRAN 1 LDER �J�% M1, • DEC•ATIONS ' COMMERCIAL VEHICLE POLICY AMENDED DECLARATION 01 * * EFFECTIVE 03/18/92 RENEWAL OF POLICY SUPERSEDES ANY PREVIOUS DECLARATION BEARING C 3873036 THE SAME NUMBER FOR THIS POLICY PERIOD POLICY NUMBERFFOM POLICY PlI,lC 'O Anf AGENT - TELEPHONE NUMBER AGENCY C 3873036 02/21/92 02/21/93 714- 838-1911 694 NAMED INSURED AND DDRESS AGENT BURNS TERRY R BEISSEL-MCKINLEY 2694 239 PELAYO (ISLANDIA INS SVS) SAN CLEMENTE A 92672 P O BOX 749 TUSTIN CA 92681 * COVERAGES LIMITS OF LIABILITY ODILY INJURY $100,000 EA PERSON $300,000 EA ACCIDENT ROPERTY DAMAGE $50,000 PER ACCIDENT * CERTIFICATE HOLDER ** CTY OF SAN JUAN CAPISTRANO I S APPOINTED OFFICIALS 3 400 PASEO ADELATO S N JUAN CAPISTRANO CA 92675 '04187) 387303 04 ADDITIONAL INSURED 03/25/97 DECLARATIONS \J7J� --�"� COMMERCIAL VEHICLE POLICY AME DED DECLARATION 01 * * EFFECTIVE 03/18/92 RENEWAL OF POLICY SUPERSEDES ANY PREVIOUS DECLARATION BEARING C 3873036 HE SAME NUMBER FOR THIS POLICY PERIOD POLICY NUMBER FFOM POLICY PERIOD AGENT - TELEPHONE NUMBER AGENCY C 3873036 02/21/92 02/21/93 714- 838-1911 694 NAMED INSURED AND ADDRESS AGENT BURNS TERRY R BEISSEL-MCKINLEY 2694 239 PELAYO (ISLANDIA INS SVS) SAN CLEMENTE CA 92672 P 0 BOX 749 TUSTIN CA 92681 * * * * * SCHEDULE OF COVERAGES OVERAGES LIMITS OF LIABILITY PREMIUM ODILY INJURY $100,000 EA PERSON $300,000 EA ACCIDENT $1324.00 ROPERTY DAMAGE $50,000 PER ACCIDENT $420.00 NINSURED MOTORISTS -BI $30,000 EA PERSON $60,000 EA ACCIDENT $136.00 OMP/DAM OTHER THAN COLL SEE SCHEDULE OF COVERED UNITS FOR THE DEC $183.00 OLLISION SEE SCHEDULE OF COVERED UNITS FOR THE DED $518.00 TOTAL PREMIUM $2581.00 * * * * * APPLICABLE FORMS ORM# DATE FORM# DATE FORM# DATE FORM# DATE FORM# DATE 672 0891 U24-50 0386 U49A 0691 U120 1087 U609 0185 * * * * * SCHEDULE OF COVERED UNITS NIT ST TER FR DESCRIPTION SERIAL NUMBER SYM CLASS O1 CA 055 38 TOYOTA 1T PU JT5RN75U6J0023177 7075 01199 02 CA 055 0 NISSAN PICKUP 1N6HD12H5LC372644 8300 01199 AVERAGE POINC COUNT USED IN RATING COMMERCIAL VEHICLES----------- 2.5 COMMERCIAL R TE MODIFICATIONS - - - - - LIAB.=0.900,PHYS DAM=0.900 * * * * * P R E M I U M S ED UN -BI NAMED DEDUCTIBLE TOTAL NIT LIAB AY MTRST COMP PERIL COLL NAPR COMP COLL PREMIUM O1 872.00 68.00 91.00 268.00 XXXX 500 500 1299.00 02 872.00 68.00 92.00 250.00 XXXX 500 500 1282.00 DP -44L 104,871 7302r 04 ADDITTONAL INSURED 03/2 ✓tel C� DECLARATIONS COMMERCIAL VEHICLE POLICY ' AMENDED DECLARATION 01 * * EFFECTIVE 03/18/92 RENEWAL OF POLICY SUPERSEDES ANY PREVIOUS DECLARATION BEARING C 3873036 THE SAME NUMBER FOR THIS POLICY PERIOD TN' POLICY NUMBER Faom Pcu cv Pe ioo L AnpAGENT — TELEPHTTTC)NATONE NUMBER AGENCY C 3873036 102/21/92102/21/93 1 714- 838-1911 k694 BURNS TERRY R BEISSEL-MCKINLEY 2694 239 PELAYO (ISLANDIA INS SVS) SAN CLEMENTE CA 92672 P 0 BOX 749 TUSTIN CA 92681 * * * * * DRIVERS * * * * * RIVER ID DRIVER NAME LICENSE NUMBER BIRTH DATE POINTS DISC. 1 BURNS TERRY A5023786 02/03/66 3 2 BURNS KIM N6428815 05/11/62 2 3 ARREDONDO JORGE EXCLUDED DRIVER 11/01/69 0 * * * * * ADDITIONAL INTERESTED PARTIES * * * * * NIT ADD'L INS UNIT ADD'L INS 02 CITY OF SAN JUAN CAPISTRANO ITS APPOINTED OFFICIALS 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 [IT CERT HOLDER UNIT CERT HOLDER )0 COMMERCIAL PROPERTY SERVICES 000 CITY OF SAN JUAN CAPISTRANO AND COMPANY ITS APPOINTED OFFICIALS P 0 BOX 93277 32400 PASEO ADELATO PASADENA CA 91109 SAN JUAN CAPISTRANO CA 92675 * * * * * ADDITIONAL INTERESTED PARTIES NIT LOSS PAYEE UNIT LOSS PAYEE 01 TOYOTA MOTOR CREDIT 002 NISSAN MOTOR ACCEPTANCE CORP P 0 BOX 16159 P 0 BOX 811 IRVINE CA SUN CITY CA 92713 ISSUE DATE 03/25/92 POLICY PERIOD- 12:01 AM STANDARD TIME 'OP—aa- ion/e7/ 92380 LESSOR'S ENDORSEMENT It is agreed that Che insurance afforded by the policy for bodily injury liability, property damage liability and any requlIred no-fault coverage with respect to an insured automobile applies to the lessor subject to the following additional provisions: 1 The insurance applies only to the lessor's liability for bodily injury or property damage arising out of the acts oi omissions of: a the narled insured; b any em loyee or agent of the named insured; c any person, except the lessor or any employee or agent of the lessor, operating an insured automobile with th permission of any of the above. 2 As used in this endorsement, "insured automobile" means an automobile named in the Declarations. 3 If the co pany cancels the policy, notice will be mailed to the lessor according to the "Cancellation" Condition. A Cancellaticin ends this insurance. 5 The lessorl is not liable for payment of premiums. Nothing hereiiIcontained shall be held to vary, alter, waive, or extend any of the terms, limits of liability, contions or exclusions of the policy to which this endorsement is attached, other than as stated ablie. Financial Indemnity Company Secretary President This endorser lent must be attached to the revision Declarations when issued after the policy is written. U�09 (01185) MILEAGE LIMITATION ENDORSEMENT In considerat on of the premium charged in the policy, it is hereby understood and agreed that coverage is null, void and of no effect if regular or frequent trips are made, during the course ofbusiness, outside a 50 mile radius of the principal garaging point as stated in the eclarations. The terms ofIthis endorsement will not apply with respect to the interest of any lessor or loss payable amed on the policy. Nothing herei contained shall be held to vary, alter, waive or extend any terms, limits of liability, con 'tions or exclusions of the policy to which this endorsement is attached, other than as statedl above. Financial Indemnity Company e. 2�*-- qrL-� zxfo�� Secretary President This endorsement must be attached to the revision Declarations when issued after the policy is written. U-24 (03/86) 0 0 P.O. BOX 907, SAN FRANCISCO, CA 94101 0807 1 N 9T�T C FUN CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MARCH 5, 1992 POLICY NUMBER. 1282994 - 92 -EFT.:PICATE [XPIRES 1-3-93 r - CITY OF AN JUAN CAPISTRANO BUILDING & SAFETY DEPARTMENT 32400 PA EO ADELANTO SAN JUAN CAPISTRANO, CA 92675 JOB: ALL OPERATIONS L This is to certify hat we have Issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commis loner to the employer named below for the policy period indicated - This policy is not ubject to he by the Fund except upon ten days' aevanu 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 Dy the policies listed her in. Notwithstanding any requirement, term, or condition of any contract or otner document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, PRESIDENT ENDORSEME T #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 03/05/92 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF A DITIONAL INSURED: CITY OF SAN JUAN CAPISTRANO r TERRY RA BURNS AND KIMBERLY ANN BURNS DBA: BUNS CONTRACT GARDENING AND LANDSCAPING 239 PALA 0 SAN CLEM NTE, CA 92672 SCIF 10262 (REV. 10.86) OLD 262A AGRORue CERTIFICAITOF We INSURANCE ISSUE DATE (MM,DDIYV) 3/3/92elf PRODUCER 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 Boswell Insurance Agency P. O. Box 4648 COMPANIES AFFORDING COVERAGE Mission Viejo CA 92690 COMPANY A LETTER Golden Eanle 3 a COMPANY B 9 INSURED LETTER o -G Pete Sanchez COMPANY `. At TF,1 Pete's Trucking and LETTER N rn H & M EXcaVat ng, Inc. COMPANY — �r r%3 < D 3mrn o� 26816 Calle Juanita CP LETTER �=z� Capistrano Beach, CA 92624 COMPANY E -( s LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHS ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BEI SUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, '.. EXCLUSIONS AND CON ATIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURAP 'LTR CE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMIDD/YY) DATE (MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE $2,000,000 I A x COMMERCIAL GENER kL LIABILITY CCP172088 PRODUCTS COMPIOP AGG. s2,000,000 12/31/91 12/31/92 CLAIMS MADE OCCUR, PERSONAL & ADV. INJURY $1,900,000 i X OWNER'S 8 CONTRA TOR'S PROT. EACH OCCURRENCE $1,000,000 i FIRE DAMAGE (Any one fire) S 50,000 MED. EXPENSE (Any ane person) $ 5 OOO A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO 1,000,000 ALL OWNED AUTOS I CCP172088 12/31/91 12/31/92 BODILY INJURY $ x SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ x NON-OWNED AUTOS (Per acci0ent) GARAGE LIABILITY j PROPERTY DAMAGE S — EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRE LA FORM STATUTORY LIMITS WORKER'S COMPEN ATION EACH ACCIDENT S AND DISEASE—POLICY LIMIT $ EMPLOYERS' LIAR LITV DISEASE—EACH EMPLOYEE $ OTHER jA Truckers Poli TCR172089 12/31/91 12/31/92 $1,000,000 Liability -CSL — DESCRIPTION OF OPERATIONS LOCATIONS/VEHICLES/SPECIAL ITEMS The City and th Community Redevelopment Agency, its elected or appointed officers, officials, employees and v lunteers are included as Additional Insured CERTIFICATE HOLDER CANCELLATION *Except 10-days for Non pay ATTN: RON SIE ERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 04VGW=XQ0 MAIL30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of San Juan Capistrano LEFT,$Pji�lFLXPiXpAlSi7{XXIIQL9Idf8C7CCIANU97R74CJ9FX77�x7iff➢Gxx&1iXx Community Redev lopment Agency 1cxg�cyLcgx�xoNCxcacmxa�xaea�axrsQxaEs 32400 Paseo Ade anto ---- San Juan Capist ano, CA 92675 AUTHORIZED REPRESENTATIVE l^p�10 U/�1 Joe A. Boswell elf ACORD 25-5 (7/90) r,AC � D CORPORATION 1990 MAIL BOXES ET . #1430 ID:714-661-7967 MAR 02'92 17:35 No.011 P.04 3. E OF COVERAGE. This policy, If primary, affords coverage at least as broad asc () Insurance Services Office form number GL 0002 (Ed. 1/73). Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form comprehensive General Liability endorsement; or () Insurance Services Office Commercial General Liability Coverage, "occurrence" form CG 0001 or "claims -made"' form CG 0002; or () If excess, affords coverage which Is at least as broad as the primary Insurance forms referenced in the preceding sections (1) and (2). 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to e tch Insured who Is seeking coverage or against whom a claim Is made or a suit Is brought, e sept with respect to the Companyvs limit of liability. 5. P WVMONS REGARDING THE INSUREDS DUTIES AIgWR ACCIDENT OR LOSS. Any f Jlure to comply with reporting provisions of the policy shall not affect coverage provided the City and the Community Red^velopment Agency, Its elected or appninted officers, o ficlals, employees or volunteers. 6. NCF,LLATION NOTICE. The Insurance afforded by this policy shall not be suspended, v Ided, cancelled, reduced In coverage or In limits except after thirty (30) days' prior written n tice by certified mail return recelpt requested has been given to the City. Such notice all be addressed as shown in the heading of this endorsement. C. Incidents an4 claims are to be reported to the Insurer at; Aq'Tys Elizabeth Franks t(Department) Boswell Insurance Agency for Golden Eagle Insurance ompany 25411 Cabot Rd. #206 (StreetAddress) Laguna Hills, CA 92653 ty - toZ7zIpCodeY w855-0430 phone D. JLGN.A URE OF INSURWOR &UTIL0 D W&WNTATIVE OF THE INSURER I, Joe A.Boswell (print/type name), warrant that I have authority to bind the below listed Insurance co pany and by my signature hereon do so bind this company. � [ � (original a natur uired on endorse a furnished to the Cit 003PNIZATIall Boswell Insurance Agency TIUZt President AMVSSt TELER M: ( 714) 855-0430 Laguna Hills, CA 92653 MAIL BOXES ETC. #1430 ID -714-661-7967 MAR 02192 17:34 No.011 P.02 LIABILITY ENDORSEMENT CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 92400 Paseo Adetanto San 3uan Caplstran% California 42675 ATTN: A. MGY INFORMATION Endorsement N 1. nsurance Company Golden Eagle • Policy NumberCCP172088 2. 2ollcy Term (From) o �43] 422mEndorsement gffect ve ate 3 3 92 3. arced insured Pe _s�'I^ruc>tcing a- 0 11-11 xcavating, Inc. 4. kiddress of Named nsured 26816 Ca le Juanita, ---- 3. Limit of Liability Any One ccurrenCO Aggregate , UUU General Liability Aggregate (check ones) Applies "per location/project" Is twice the occurrence limit x 6. 1 eductibie or Self -Insured Retention (Nil unless otherwise specified). $ 7, Coverage is equivalent tot Comprehensive General Liability form GL0002 (Ed 1173) x Commercial General Liability "claims -made" form CG0002 9. E odily Injury and Property Damage Coverage Is.- "claims-made st"claims-made" "occurrence" If claims -made, the retroactive date is a. This endorse ent Is issued In consideration of the policy premium. Notwithstanding any Inconsistent statement I the policy to which this endorsement Is attached or any other endorsement attached thereto, It la agreed as follows: L. SURER. The City and the Community Redevelopment Agency, its elected or appointed O facers, officials, employees and volunteers are Included as Insureds with regard to damages a defense of Calms arising Proms (a) activities performed by or on behalf of the Named I sured, (b) products and completed operations of the Named Insured, or (c) premises owned, 11ased or used by the Named Insured. Z. NTRIBUTION NOT REQUIRED. As respects (a) work performed by the Named Insured or on behalf of the Cityl or (b) products sold by the Named insured to the City; or (c) mases leased by the Named Insured from the City, the Insurance afforded by this policy ll be primary Insurance as respects the City, its elected or appointed officers, officials, ployees or volunteers; or stand In an unbroken chain of coverage excess of the Named reds scheduled underlying primary coverage. In either event, any other Insurance Intained by the City, Its elected or appointed officers, officigls, employees or volunteers ll be In excess of this Insurance and shall not contribute with lit. (OVER) STAT P.O. BOX 807, SAN FRANCISCO, CA 94101-0807 COMPCNSATIO I N S U R A N C FUN CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MARCH 20, 1992 POLICY NUMBER: 0799624 - 92 CERTIFICATE EXPIRES: 3-1-93 r CITY OF SAN JUAN CAPISTRANO BUILDING & SAFETY DEPARTMENT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 JOB: ALL OPERATIONS L This is to certify th t we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissi ner to the employer named below for the policy period indicated. This policy is not su (ect to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give yo TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of ir surance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herei i. 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 s bject to all the terms, exclusions and conditions of such policies. PRESIDENT r L R PETE'S TRUCKING, A HUSBAND AND WIFE, ANC/OR H AND P4 EXCAVATING, INCORPORATED, A CORPORATION 26816 CALLE JUANITA CAPISTRANO BEACH, CA 92624 SCIF 10262(REv. 10-90 OLD 262A 3 a C_ N n< rn c tm C7 M Ol m C7 Z � CG N R PETE'S TRUCKING, A HUSBAND AND WIFE, ANC/OR H AND P4 EXCAVATING, INCORPORATED, A CORPORATION 26816 CALLE JUANITA CAPISTRANO BEACH, CA 92624 SCIF 10262(REv. 10-90 OLD 262A r 0 gWIEOP.O. BOX 807, SAN FRANCISCO, CA 94101-0807 C FUNCERTIFICATE OF WORKERS' COMPENSATION INSURANCE IIARCH 3, 1992 POLICY NUMBER' 0799624 - 92 CERTIFICATE EXPIRES: 3-1-93 r— CITY OF AN JUAN CAPISTRANO PUBLIC L NDS - ATTN: RON SEAVERS 32400 PA EO ADELANTO SAN JUAN CAPISTRANO, CA 92675 JOB: ALL OPERATIONS L This is to certify th t we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissi ner to the employer named below for the policy period indicated. This policy is not su lect to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give yoi TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of ir surance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herei i. 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 r L PETE'S T LICKING A HUSBAND & WIFE AND/OR H & N EX AVATING INC. A CORP. 26816 CA LE JUANITA CAPISTRAf0 BEACH, CA 92624 6 SCI 10262 (REq. 10-86) OLD 262A a c z�m rn N rn _,oma m ��rnm 0 V M y„Zr� z S tG IV PETE'S T LICKING A HUSBAND & WIFE AND/OR H & N EX AVATING INC. A CORP. 26816 CA LE JUANITA CAPISTRAf0 BEACH, CA 92624 6 SCI 10262 (REq. 10-86) OLD 262A 0 RECEI ArR 7 2 ORYG u Is CITY CI DEPART CITY Of JUAN rAPI March 19 1992 H & M Excavating, Inc. 26816 Calle Juanita Capistra o Beach, California 92624 Re: Awad of Contract - 1992 Weed im Is fY_ MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E. FRIESS ',m(p AvopallA GARY L HAUSDORFER ' Is1911tleEp 1961 GIL JONES IIID JEFF VASQUEZ � CITY MANAGER �`- — _ _ _/ STEPHEN B JULIAN The Cit Council of the City of San Juan Capistrano at its regular meeting held March 17 1992, awarded the contract for the 1992 Weed and Rubbish Abatement Program o your company at $10,687.19. Encloses a fully executed copy of the Agreement for your records. The City has not yet recel ed the required worker's compensation certificate or a correct certificate for your su ontractor. You are required to return an acknowledged copy of this Notice of Award. Thank yo for your cooperation. If we can be of further assistance, please call. Very trul yours, City cc: Dir4tor of Public Lands & Facilities (with copy of contract) Dire for of Administrative Services (with copy of contract) the foregoing Notice of Award is hereby acknowledged: M This I 5 day of V��Ct, ,a , , 1992. 32400 PAISEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 if 0 0 BID PROPOSAL WEED be RUBBISH ABATEMENT - 1992 COMPAN4EF'� N SQUARE FEET SF DISCING $ /50— �/d- Hssac'497ES DATE �o ADDRESS 7,201 to 21,780 SF 09- V.;zr.-7V/ SIZE N SQUARE FEET SF DISCING $ /50— EDGING* $ S.e0 MOWING $ X649 " 0 to 7,200 7,201 to 21,780 SF $ /SO - $ 67oo 21,78 to 43,559 SF $ /So $Soo $2?c 1 Acr $ -?✓`jv�- $ -`m _ $aao Overs Acre** *Edging of acreage shall be bid per 100 lineal foot. **Par els 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 $ s Hand LabInd r and Tools - Per 100 SF Includes 1 labor and equipment necessary to clean designated property dispose of rubbish accumulated. $Trash clen-up and disposal per cubic yard. $� If awarde J the contract, we agree to begin work per specifications and to complete per specifics ions. We further agree to enter into contract within 15 days and furnish bonds in the form prescribed by the City. This is a valid and binding proposal to do all the work herein bid upon for the prices set forth abo e. -5- • 'BID PROPOSAL WEED do RUBBISH ABATEMENT - 1992 COMPANY LAMBAREN CONTRACTORS, INC. DATE 02/24/92 ADDRE5 23200 OLIVE AVE.. EL TORO, CA. 92630 SIZE INSQUARE FEET 7,200 SF DISCING $ 105.00 EDGING* $ 2.50 MOWING $ 150.00 0 to 7,20 1 to 21,780 SF $ 145.00 $ 2.50 $ 200.0;. 21,711 to 43,559 SF $ 19 0 $ 2.50 $ 250.OC 1 Ace $ 200.00 $ 2.50 $ 275.OC OvO 1 Acre** *Edging of acreage shall be bid per 100 lineal foot. *Pa cels 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 pric ; i.e. 1.4 acres would be calculated at 1 acre (at the quoted price), plus 40% of the acre price. way4 - Per 100 SF $ 2.50 Hand La or and Tools - Per 100 SF Includes all labor and equipment necessary to clean designated property and dispose of rubbish accumulated. $ 2.50 Trash clean-up and disposal per cubic yard. $ 23.on If awarded the contract, we agree to begin work per specifications and to complete per specific tions. We furl er agree to enter into contract within 15 days and furnish bonds in the form prescribe d by the City. This is a valid and binding proposal to do all the work herein bid upon for the prices set forth abOve. -5- BID PROPOSAL WEED do RUBBISH ABATEMENT - 1992 COMPAN�DATE _ell 19 Z 1 Oz SIZE INS UARE FEET ,200 SF DISCING $ lao, EDGING* $Z"01 MOWING $ �' 0 to 7,201 to 21,780 SF $9220 $ 21,781 to 43,559 SF $9d°' $7 0O $22010 1 Ac $AQ� $2f--0 $aZ5Z 'e Over 1 Acre** *Edg ng 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 Labr and Tools - Per 100 SF Includes a 1 labor and equipment necessary to clean designated propertynd dispose of rubbish accumulated. $ 7W Trash cle n -up and disposal per cubic yard. $ 20O, If awarded the contract, we agree to begin work per specifications and to complete per We further agree to enter into contract within 15 days and furnish bonds in the form prescribed by the City. This is aid and binding proposal to do all the work herein bid upon for the prices set forth abo . -5- January 27, 1992 ADDENDUM NO. 1 1 SPECIFICATIONS & CONTRACT DOCUMENTS 1992 WEED AND RUBBISH ABATEMENT PROGRAM MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN No California Contractor's License is required. No bonding is required for the Weed Abatement Contract. Liability and Property Damage Insurance are required, as well as Vehicle and Workers Compensation Insurance. refer to the detail corrections to the 1992 Weed and Rubbish :nt Program as noted on the reverse side of this Addendum. The bcider shall sign and return a copy of this Addendum No. 1 with the bid. Very truly yours, Ronald C. Sievers, Director Public, Lands & Facilities CONTRACTOR DATE 32400 1PASE0 ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 Addendum No. 1 - Detail Corrections Notice Inviting Bids - Second Page Statements referencing California Contractor's License requirements are incorrect: It has been determined by the State that no specific Contractor's License is required for weed abatement work. Delete Paragraph beginning, "Each bidder shall state the California Contractor's License Number ..." Instruction to Bidders - Second Page Item No. 1 (Execution of Contract) - There should be no reference to contract bonds. In the first sentence. delete, "the two (2) contract bonds and". Bid Proposal - Page 5 and 6 Page 5 - No reference should be made to bond requirements. Paragraph beginning "We further agree .. " should read: "We v further agree to enter into contract within 15 days after notification that the contract has been awarded." Page 6 - Delete line requesting Contractor's License Number. Designation of Sub -Contractors - Page 8 No reference should be made to bond requirements. Paragraph 1, last sentence should read: "If no sub -contractors are listed, all insurance will be written in the name of the general contractor only." Contract - Page 19 Page 19 - The section on Liability Insurance (Section 8) should read as follows: "EIGHTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance, vehicle insurance. and workers compensation insurance, naming the City and its elected ... " Page 21 - The section on License Requirement (Section 11) should read as follows: "ELEVENTH. LICENSE REQUIREMENT. CONTRACTOR is required to possess a valid City Business License." Any and all other incidental references to licensing, bonding and insurance requirements shall follow suit with changes noted in Addendum No. 1. r� u • CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE, STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS 1992 WEED AND RUBBISH ABATEMENT PROGRAM CITY COUNCIL GIL JONES, MAYOR KENNETH E. FRIESS JEFF VASQUEZ JERRY HARRIS GARY L. HAUSDORFER CITY MANAGER STEPHEN B. JULIAN DIRECTOR OF PUBLIC LANDS & FACILITIES RONALD C. SIEVERS • NOVEMBER 1991 • 1 1992 WEED AND RUBBISH ABATEMENT PROGRAM TABLE OF CONTENTS Notice Inviting Bids . . . . . . . . . . . . . . Instruction to Bidders . . . . . . . . . . . . . Bid Proposal . . . . . . . . . . . . . . . . . . Non -Co lusion Affidavit . . . . . . . . . . . . . Designation of Sub -Contractors . . . . . . . . . Statem nt of Experience . . . . . . . . . . . . . Statem nt of Equipment . . . . . . . . . . . . . Statem nt of General Information . . . . . . . . GeneraL Provisions . . . . . . . . . . . . . . . Detail Specifications . . . . . . . . . . . . . . Contra t . . . . . . . . . . . . . . . . . . . . • • 1 3 5 7 8 9 10 11 12 16 18 1992 WEED AND RUBBISH ABATEMENT PROGRAM • ' NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, Mp to 2:00 .m., on the 24th day of February, 1992, receive sealed proposals or bids for the 1992 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, Califo ia. Bids will be received until the time hereinbefore statedt the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Ju n Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. A MAND TORY re -bid conference is scheduled at 19:00 a.m. on the • 10th dav of February, 1992, 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 record of the conference. Exclusive of written addendums and this pre-bic conference, the City shall not be responsible for any instructions, explanations, or interpretation of the specifications or con ract documents presented to the bidders in any manner. The CiEy 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. BIDDER ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State f California, copies of the prevailing rate of per diem 40 wages, as determined by the Director of the State Department of Copies of specifications are on file in the Office of the City Clerk f 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 specif ications. There will be a $5 charge for postage and handling on all specifications mailed. Each bidder shall state the California Contractor's License number of suc bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the •licensing of Contractors. This Ntice is hereby given and published by order of the City C of the City of San Juan Capistrano, and is dated Meryl Johns City Clerk City of San ruan Capistrano orange County, California • 1 -4- Indust ial Relations, are on file in the Office of the City Clerk and sh 11 1 be made available to any interested party on request. Copies of specifications are on file in the Office of the City Clerk f 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 specif ications. There will be a $5 charge for postage and handling on all specifications mailed. Each bidder shall state the California Contractor's License number of suc bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the •licensing of Contractors. This Ntice is hereby given and published by order of the City C of the City of San Juan Capistrano, and is dated Meryl Johns City Clerk City of San ruan Capistrano orange County, California • 1 -4- INSTRUCTIONS TO BIDDERS 1. Pro osal Form - Bids shall be submitted upon the proposal form provided therefore, pro rly executed with prices stated in figures. The form must be signed by an aut orized representative of the bidder. 2. Wit drawal of Bids - Any bidder may withdraw his bid, either personally or by written request, at any time prior to the scheduled time for opening of bids. 3. MANDATORY Pre -Bid Conference - A MANDATORY Pre -Bid Conference will be hell. At this Pre -Bid Conference, bidders shall have the opportunity for clay fication or any point or points of question within the specifications and contract 4. Reio ction of Proposal - Proposals containing alterations, additions not called for, con itional alternative bids, incomplete bids, or irregularities of any kind may be rej ted. The right to reject any and all proposals is reserved to the City Council as is tk e right to waive any irregularities deemed to be in the best interest of the City. 5. Awrd of Contract - The award of contract, if awarded, will be to the lowest res onsible bidder whose proposal complies with the requirements herein described at he discretion of the City Council. In determining the responsibility of the bid ers, consideration shall be given to the experience, ability, equipment, and • abil ty of the bidders to provide proper insurance coverage. Award or rejection of all ids will be made within forty-five (45) days after opening. • 6. Exa ination of Specifications and Site of Work - The bidder shall examine carefully the Specifications and site of work contemplated, and it shall be assumed that the bid er has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and as to the requirements of these specifications. It is mutually agreed that submission of a pro sal shall be considered "conclusive" evidence that the bidder has made such 7. Designation of Subcontractors - Any subcontractor doing work shall be designated on the roposal schedule attached herewith. 8. Disalification of Bidders - More than one proposal from an individual, a firm or par nership, a corporation or an association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in mor than one proposal for the work contemplated will cause the rejection of all pro sals in which such bidder is interested. 9. Coopetencv of Bidders - Bidder shall furnish with bid a complete statement of his finapcial ability and experience in performing similar public works projects (see att ched Statement of Experience). -3- • Award and Execution of • • 1. Exe ution of Contract - The contract shall be signed by the successful bidder and rett rned, together with the two (2) contract bonds and satisfactory evidence of insurance, within fifteen (15) days after the bidder has received notice that the con ract has been awarded. No proposal shall be considered binding upon the City unt'1 the execution of the contract by the City. The City reserves the right not to ex ute the contract even after awarding the contract. 2. Fai ure to Execute Contract - Failure to execute the contract and file acceptable bons and satisfactory evidence of insurance, as provided below, within fifteen (15) day after the bidder has received notice that the contract has been awarded, shall be ust cause for the annulment of the award and the forfeiture of the proposal sec irity. If the successful bidder refuses or fails to execute the contract, the work ma then be readvertised or may be awarded to the second lowest responsible bidder or r iay be performed by City forces. 3. Wo men's Com ensation Insurance - The contractor shall furnish satisfactory evi ence that he has taken out for the period of the contract, full compensation ins ance with a company authorized to transact business in this State and such ins ance shall be maintained in full force and effect at his own expense during the life of the contract. -4- • BID PROPOSAL WEED & RUBBISH ABATEMENT - 1992 COMP DATE SIZE INSQUARE FEET 7,200 SF DISCING $ EDGING* $ MOWING $ 0 t 7,201 to 21,780 SF $ $ $ 21,781 to 43,559 SF $ $ $ 1 Acre $ $ $ Ovler 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 pri e; 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 L -bor 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 We fur her agree to enter into contract within 15 days and furnish bonds in the form prescribed by the City. This is a valid and binding proposal to do all the work herein bid upon for the prices set forth a ove. -5- BID PROPOSAL (Continued) . WEED do RUBBISH ABATEMENT 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 J jan Capistrano; that the proposal is genuine, and not sham or collusive, nor made in the i terest 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 the bidder has not in any man er sought by collusion to secure for himself an advantage over any other bidder. Californa State Contractor's License No.: Compan By: Address Title: Date: Telepho a No.: Are subcontractors to be used on this project: Yes_ No_ If yes, please complete the following: • Name of Sub -Contracting Company: Phone: Type of Name of Sub -Contracting Company: Phone: Type of If more Ithan two sub -contractors are to be used, please list additional companies on a separatd sheet. All bids must be received by the City prior to the hour indicated on the Notice Inviting Bids or t1hey shall be returned unopened. Im • • NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ss. County being first duly sworn deposes and say that he is of the party making the foregoing bid; that such bid is not i ade in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusiv 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 an one shall refrain from bidding; that said bidder has not in any manner, directly or indirc ctly, 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 b xly awarding the contract of any one interested in the proposed contract; that all stateme its contained in such bid are true; and further, that said bidder has not directly or indirq ctly, submitted his bid price or any breakdown thereof, or the contents thereof, or divul ed information or data relative thereto, or paid and will not pay any fee in connect on 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 3ublic 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 name(s) subscribed to the within instrument, and acknowledged that executed it. my hand and official seal. -7- • DESIGNATION OF SUB -CONTRACTORS Submit *ith Proposal. 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 sub -contractors in making up his bid, and that the sub- contraci ors 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 provisioi is of the Specifications. It is understood and agreed that all those portions of the work ca led for in the contract documents for which a sub -contractor is not listed will be perform d by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be written in the name of the general contractor only. I em of Work Sub -Contractor Address Phone No. 1 0 2. 3. 4. 5. 6. 7. 8. • BIDDERS NAME AUTHORIZED SIGNATURE -8- • L] E THIS PAGE YOUR QUOTATION. 1. STATEMENT OF EXPERIENCE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF Bid 2. er's Name Company Name Business 3. Address Business 4. Previous From Telephone Number Contracts Completed - Last Five (5) Years Contract to _ Jurisdiction Dept. Head Amount NOTE: If more than twelve contracts were completed, please attach additional sheet. Signed: Name Company 9- • • STATEMENT OF EQUIPMENT THIS PP GE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF YOUR UOTATION. 1. Bid er's Name Company Name 2. Business Address 3. Bus ness Telephone Number 4. Sta a below the information for each tractor you have available for work. Type of Equipment Make of Tractor Serial Requ red 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: Signed: Name Company -to- V STATEMENT OF GENERAL INFORMATION • YES NO • r1 U 1. Arl you the legal owner of all equipment being 2. Doyou intend employing subcontractors in any phase of he clearing operation? 3. doou or any subcontractor you intend to employ have an additional contractual commitments occurring during the term of this contract? If so, please list 4. Dolyou agree to make all equipment offered available for inspection at one location on a mutually - est blished date? If not, please explain. 5. Ha ye you under your name or any other ever had a co tract cancelled or terminated for any reason? If so, lease explain. 6. Hao any subcontractor that you intend to employ UnTr his name or any other ever had a contract ca elled or terminated for any reason? If so, please The abo a information is true and accurate to the best of my knowledge. Signed: Company THIS P GE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF YOUR UOTATION. -11- • 1. 2. GENERAL PROVISIONS Contractor shall execute the contract and begin work within fifteen (15) days execution of the contract or as directed by the Enforcement Officer and shall ently prosecute the same in compliance with dates set forth in the schedule ained elsewhere in these specifications. If zny 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 Enf 3rcement 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 sha 1 be legally entitled to work in the State of California. 3. Tenhoorary Susoension 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 • wor , 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 res med when conditions are favorable and methods are corrected, as ordered or app oved by the Enforcement Officer. In t1he event of a suspension of work under any of the conditions above set forth, such suspension of work shall not relieve the contractor of his responsibilities. 4. Prokress of W 5. n U ling shall proceed in an orderly manner. Wherever possible, lots shall be letely finished prior to workmen proceeding to the next parcel. Any exceptions be approved by the Enforcement Officer. tractor shall use the approved billing form and progress payment form given to by the City. -12- Control of the Work • 1. Au:hority of Cit - The City representative shall decide all questions as to the qu lity or acceptability of the work performed and to the manner of performance an 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. Int r retation of Specifications - Should it appear that the work to be done or any matter relative thereof is not sufficiently detailed or explained in these specifications, the contractor shall apply to the City representative for such further ex lanations 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, wh se decisions thereon shall be final. 3. Ins ction - The City representative shall at all times have access to the work du ing its progress, and shall be furnished with every reasonable facility for as ertaining that the materials and the workmanship are in accordance with the r uirements and intentions of these specifications. Ins ction of the work shall not relieve the contractor of any of his obligations to ful ill 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 stimated for payment. 4. Ecpjipment - The contractor shall provide adequate and suitable equipment to meet the above requirements and, when ordered by the City representative, shall remove un uitable equipment from the work. Midimum Eauioment 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 twenty-six inches or larger. 2. Minimum weight of disc shall be two ton. b. One rubber -tired tractor with the following equipment available: 1. A skip -load bucket not less than 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. I One hand -operated mower. • -13- • 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. I Weed eaters and other hand tools. All equ pment must have suitable transport and be equipped with an approved spark arresto ,fire extinguisher, and wheel chocks where applicable. All equ pment shall be available for inspection within ten (10) days after bidders have been c ntacted. Unsatisfactory equipment will be rejected. All equipment shall be maintai ed in a reasonable mechanical condition and replacement equipment shall be approve by City representative. If such equipment is not replaced, Contractor is subject o having his contract annulled and shall be responsible for any difference in fees over an beyond for replacement of his contract. In the vent bidder wishes to substitute other equipment for any item specified, such substiti ion shall be justified to the satisfaction of the City representative. 1. 2. Due care shall be exercised to avoid injury to street improvements or facilities, util ties facilities, adjacent property, and roadside trees and shrubbery that are not to a removed. If ordered by the Director of Public Lands & Facilities, the con ractor shall provide and install suitable safeguards, approved by the Enf 3rcement 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 rep aced or restored, at the contractor's expense, to a condition as good as when the con ractor entered upon the work. It hall be the contractor's responsibility to ascertain the existence of any and rground improvements or facilities which may be subject to damage by reason of h s operations. Full compensation for furnishing all labor, materials, tools and equipment and doing all ork involved in protecting property, as above specified, shall be considered as incl op in the prices paid for the various contract items of work, and no additional co nation will be made therefor. TheCity of San Juan Capistrano and all its officers and employees, including the Cit Council and the Enforcement Officer, shall not be answerable or accountable in any anner for any loss or damage that may happen due to work or any part thereof; or f r any material or equipment used in performing the work; or for injury or dam ige to any person or persons, either workmen or the public; for damage to adjo ning property from any cause whatsoever, during the progress of the work or at any :ime before final acceptance. Thecontractor shall indemnify and save harmless the City of San Juan Capistrano • and 11 its officers and employees, including the City Council and the Enforcement -14- Off cer and their duly authorized representatives, from any suits, claims or actions • bro ght by any person or persons for, or on account of, any injuries or damages sus aired or arising in the progress of the work or in consequence thereof. The City ma retain as much of the money due the contractor as shall be considered nec scary, until disposition has been made of such suits or claims for damages as 3. Unl ss otherwise specified in the Special Provisions, the contractor shall make his ow arrangements for disposing of materials at adequate disposal sites as approved by he Enforcement Officer. No purning of materials to be disposed of will be permitted within the City of San ss otherwise provided in the Special Provisions, full compensation for all cost in sing of materials as above specified shall be considered as included in the prices for the various contract items of work and no additional allowance will be made 4. The Enforcement Officer will make inspections and determine that the work has beep 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. 6. • the City Council, Enforcement Officer, nor any other officer or authorized : or agent shall be personally responsible for any liability under the contract. 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." Any1contractor with whom a contract has been entered into by the City hereunder, and his assistants, deputies, employees, and agents, are hereby expressly authorized to a ter upon private property for the purpose of abating the nuisance for which the con ract was awarded. -15- DETAIL SPECIFICATIONS • 1. Wok to be Done - Work to be done consists of furnishing all labor, methods of pro esses, implements, tools, machinery and materials, which are required to ide tify, list and clean those areas designated by the City representative, and to lea ee the grounds in a neat condition. If the City representative determines that the cor tractor has not satisfactorily cleaned any designated areas, he shall cause the pa3 ment for the cleaning of such areas to be withheld until such areas are properly Th contractor shall furnish and maintain maps designating exact locations and areas of I ots and parcels cleaned. He shall submit to the City reports of completion of wok identifying each parcel by Orange County Assessor's Code Number, Book Nut iber, Page Number, and Parcel Number and Situs Address, together with the cos s for each parcel according to the unit cost schedules of this agreement. Such rep irts shall be signed and sworn to by the Contractor. All work for which a pro ress payment is made shall be reported on and certified according to the fori going procedure, and in addition thereto, the City representative shall certify tha the work has been inspected and was completed to the satisfaction of the City pri r to payment by the City. 2. Dis in - Lots and parkways shall be disced with an approved double throw disc at a suf icient depth to place weeds under the finished soil surface. Discing shall be per ormed so as to completely eliminate all standing weeds and shall be to the • sat. sfaction of the City representative. 3. Mo in - When, in the opinion of the City representative, discing is impractical or pro res unsatisfactory, weeds shall be cut to within two (2) inches of the finished soil sur ace with an approved mechanical mower. 4. Rub1bish and Tumbleweed Removal - Removal of rubbish and tumbleweeds shall be per ormed in a workman -like manner, satisfactory to the City representative. Rub ish to be removed shall be loaded by approved mechanical means. Where, in the opi ion 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 such materials to the site from which they were removed, and no additional compensation will be made therefor. Rub ish shall be disposed of at approved locations. The current disposal charge at the rima Deschecha Landfill is 17.75 per ton. After removal operations have been completed, the grounds shall be left in a neat and Dresentable condition, satisfactory to the City representative. 5. Alt ations - The City reserves the right to increase or decrease the quantity of any ite or portion of the work or to omit portions of the work as may be deemed • -16- necessary or advisable by the City; also, to make such alterations or deviations, • ad itions 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, co tractor 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 the cannot be covered by any of the various items or combinations thereof for wh ch there is a bid price. The contractor shall do such extra work and furnish such materials and equipment the -efore as may be required in writing by the City representative, but he shall do no xtra work except upon written order and, in the absence of such written order, he hall not be entitled to payment for any extra work. All bids for extra work done sha 1 be filed in writing with the City representative. For such extra work, the cor tractor shall receive compensation at the prices previously agreed upon in 7. Lot Cleanin - 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 wh re 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 onlyas 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. •S. Authorization of Work - Work will not be performed without prior approval and only as authorized by the City representative. • -17- • 1 1992 WEED AND RUBBISH ABATEMENT CONTRACT This C NTRACT is made and entered into by and between the CITY OF SAN JU N CAPISTRANO, hereinafter referred to as CITY and hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. TERM. This agreement shall commence on the day of 1992, and shall remain and continue in effect througi December 31, 1992. SECOND CONTRACT DOCUMENTS. The contract documents shall be consid red to include the Contractor's proposal, Contract • Agreemont, the 1992 Weed and Rubbish Abatement Specifications, Statem nts of Experience, Equipment and General Information, and the Ge eral Provisions. 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 1992 Weed and Rubbish Abatement Program per the Contract The CO TRACTOR shall commence work at the time fixed by the City Enforc ment Officer and the entire work contemplated hereunder shall e completed by Time is of the essence, and th3 CONTRACTOR shall be prepared to commence work on ten (10) days written notice from the Enforcement Officer (unless otherwise direct d by the City Council) for good cause. FOURTH PAYMENT. The CONTRACTOR agrees to perform the work set forth lin the aforesaid specifications diligently and in a good workma like manner, and the CITY agrees to pay for said work after satisf ctory completion on the following basis: • -18- LOT SIZE IN SQUARE FEET DISCING EDGING* MOWING • 0 to 7,200 SF $100.00 $2.50 $100.00 7 201 to 21,780 SF $100.00 $2.50 $100.00 2 ,781 to 43,559 SF $ 50.00 $2.50 $200.00 1 Acre $ 25.00 $2.50 $200.00 0 er 1 Acre** El *Eging of acreage shall be bid per 100 lineal foot. **P rcels with square footage exceeding one acre shall be calcu- lat d and charged as one acre, plus a percentage of the amount ove one acre, based on the one acre price. Trash Clean -Up and Disposal Per Cubic Yard $25.00 rkways - Per 100 SF $ 2.50 Hand Labor and Tools - Per 100 SF $ 2.50 (includes all labor and equipment necessary to clean designated property and dispose of rubbish accumulated.) FIFTH. GENERAL PROVISIONS. General provisions for the work to be perfo med are contained herein and are made a part of this agree ent by reference. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the Prevailing rate of oer 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 n t less than the foregoing specified prevailing wages to all workm n employed in the execution of the contract. SEVENTH. 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. EIGHTH. LIABILITY INSURANCE. CONTRACTOR shall maintain at all times uring this contract liability and property damage insurance, naming the City and its elected and appointed officials as addi- tional insured, which such policies shall be of an amount not less 0 -19- than $ 00,000, Combined Single Limit. Insurance certificates shall • be fo a minimum period of one year. 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 tefore expiration or cancellation is effective. CONTRACTOR shall rovide 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 Df 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. NINTH.1 COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRA TS. City is subject to the provisions of the Government Code nd 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) holars 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 an SUB -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in vio ation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. TENTH. CONTRACT TERMINATION. CITY may, without cause, terminate this C ntract at any time prior to completion by CONTRACTOR of any of the services required hereunder. Notice of Termination of this Contra::t shall be given in writing to CONTRACTOR, and shall be sufficient to complete when same is deposited in the U.S. Mail, first lass 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 Contra t prior to the date of termination thereof, such value to be the to al to which he shall have become entitled, as determined by the CITY, less the amount of any payments previously made to • -20- CONTRACTOR, but in no event exceeding the maximum contract amount stated in Section 4. ELEVENTH. LICENSING REQUIREMENT. CONTRACTOR is required to posseso a valid Contractor's License and City Business License. IN WITNESS WHEREOF, this contract is executed by the duly author zed agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN CAPISTRANO DATED: BY: Gil Jones, Mayor BY: Contractor 0 ATTEST 0 AS TO FORM: cp4C