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1994-0920_STEWART & ASSOCIATES_ContractRECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO G RNMENT CODE SECTION 6103 !�. Cheryl Johnso Cit} Jerk San Juan Capistrano, CA pii a'6A'.rri \k--� ern F i j -Sr _l eer 0C aC.t li-aeiv T_,..}:: ✓l. NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Stewart and Associates, 130 Barcelona, San Clemente, 92672, for the performance of the following work: 1994 Weed Abatement Program That said work on parcels identified on Attachment A was completed on August 2, 1994, by said company according to plans and specifications and to the satisfaction of the Director of Public lands and Facilities of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92615, at a regular meeting thereof held on the 20th day of September, 1994, by Resolution No. 94-9-20-1. Dated at San Juan Capistrano, Califomia, this 21st day of September, 1994. Cheryl Johnson, My CI City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, the duly appointed and qualitled City Clerk of the City Council of the City of San Juan Capistrano. California, DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 21st day of September, 1994, Cheryl Johnson, ityc City of San Juan apistrano G R- • "0 1994 WEED AND RUBBISH ABATEMENT CONTRACT This CONTRACT is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as CITY and STEWART AND ASSOCIATES. , hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. TERM. This agreement shall commence on the 5th day of April 1994, and shall remain and continue in effect through April 4, 1995. SECOND. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Contractor's bid proposal, Contract Agreement, Notice Inviting Bids, Instructions to Bidders, Non - Collusion Affidavit, Designation of Subcontractors, Statements of Experience, Equipment and General Information, the General Provisions and Detail Specifications. THIRD. THE WORK. CONTRACTOR shall agree to provide all necessary tools, labor, machinery, material, equipment, transportation, and supplies required to perform and complete in good and workmanlike manner the 1994 Weed and Rubbish Abatement Program per the Contract documents. The CONTRACTOR shall commence work at the time fixed by the City Enforcement Officer and the entire work contemplated hereunder shall be completed by JUNE 30. 1994 . Time is of the essence, and the CONTRACTOR shall be prepared to commence work on ten (10) days written notice from the Enforcement Officer (unless otherwise directed by the City Council) for good cause. FOURTH. PAYMENT. The CONTRACTOR agrees to perform the work set forth in the aforesaid specifications diligently and in a good workmanlike manner, and the CITY agrees to pay for said work after satisfactory completion on the following basis: 0 and 0 $ LOT SIZE IN SQUARE FEET DISCING EDGING* MOWING $ 0 to 7,200 SF $150.00 $ 2.50 $ 75.00 7,201 to 21,780 SF $150.00 $ 2.50 $200.00 21,781 to 43,559 SF $150.00 $ 2.50 $200.00 1 Acre $ 25.00 $ 2.50 $250.00 Over 1 Acre** *Edging of acreage shall be bid per 100 lineal foot. **Parcels with square footage exceeding one acre shall be calcu- lated and charged as one acre, plus a percentage of the amount over one acre, based on the one acre price. Trash Clean -Up and Disposal Per Cubic Yard $ 50.00 Parkways - Per 100 SF $ 2.50 Hand Labor and Tools - Per 100 SF $ 2.50 (Includes all labor and equipment necessary to clean designated property and dispose of rubbish accumulated.) Payments shall be made at the times and in the manner set forth in the City's Capital Projects/Demand Payment Schedule, attached hereto and made a part hereof. FIFTH. CONTRACT TERMINATION. CITY may, without cause, terminate this Contract at any time prior to completion by CONTRACTOR of any of the services required hereunder. Notice of termination of this contract shall be given in writing to CONTRACTOR, and shall be sufficient to complete when same is deposited in the U.S. Mail, first class postage prepaid. In the event this Contract is terminated by CITY, CONTRACTOR shall be paid the value of services performed by him pursuant to this Contract prior to the date of termination thereof, such value to be the total to which he shall have become entitled, as determined by the CITY, less the amount of any payments previously made to CONTRACTOR, but in no event exceeding the maximum contract amount. SIXTH. GENERAL PROVISIONS. General provisions for the work to be performed are contained herein and are made a part of this agreement by reference. SEVENTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing 0 0 rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing wages to all workmen employed in the execution of the contract. EIGHTH. CONTROL OF WORK. The Director of Public Lands and Facilities, or his authorized representatives, shall decide all questions of the work; all questions as to the acceptable fulfillment of the contract on the part of the CONTRACTOR; all questions as to the interpretation of the specifications; and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions. At all times during the term of this Contract, Contractor shall be an independent contractor, and shall not be an employee of the City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this contract; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. NINTH. INSURANCE. Prior to beginning work, CONTRACTOR shall provide an endorsement to the City (attached hereto) establishing that the City has been legally added as an additional insured for the general liability insurance required under this agreement. In addition, CONTRACTOR shall maintain at all times during this contract liability and property damage insurance, naming the City and its elected and appointed officials as additional insured, which such policies shall be of an amount not less than $500,000 Combined Single Limit. In addition, CONTRACTOR is required to provide proof of automobile insurance and workers compensation insurance. Insurance certificates must be in force for the duration of the contract; more specifically, at all times for which weed abatement work is being performed by the contractor at City direction. Worker's Compensation - If CONTRACTOR employs employees to perform services under this contract, CONTRACTOR shall obtain and maintain, during the life of this contract, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving sufficient time before the date thereof to comply with the applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this agreement. TENTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. ELEVENTH. NON -DISCLOSURE REQUIREMENTS/CONFLICT OF INTEREST. Pursuant to Council Policy, it has been determined that the services to be rendered under the provisions of this Contract are excluded by the requirement of filing a Financial Disclosure Statement by California Administrative Code Section 18700 (2) (A) and (B). CONTRACTOR certifies that to the best of its knowledge, no CITY/AGENCY employee or office of any public agency interest in this Contract has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would conflict in any manner or degree with the performance of this Contract. CONTRACTOR represents that it presently has no interest and shall not acquire any interest, direct or indirect, which could conflict in any manner or degree with the faithful performance of this Contract. CONTRACTOR is familiar with the provisions of Government Code Section 87100 and following, and it certified that it does not know of any facts which constitute a violation of said provisions. CONTRACTOR will advise the CITY/AGENCY if a conflict arises. 0 TWELFTH. LICENSING REQUIREMENT possess a City Business License. IN WITNESS WHEREOF, this contract authorized agent(s) of City, pursuant CONTRACTOR on the date set before the DATED:4=J✓j Z S / yljy ATTEST: Cheryl JJ h6d nvn, City Clerk APPROVED AS TO FORM: 'RIchard Denh ter, City Attorney 3(11 717cX 0 CONTRACTOR is required to is executed by the duly to Council action, and by name of each. CITY OF SAN JUAN CAPISTRANO BY: Z:;ar� ,ZCollejr6 Cam ell, Mayor C % BY ` Contractor `?o j%X 54//`7 0 • AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell NOES: None ABSENT: None The Minutes of the Regular Meeting of August 16, 1994, were approved as submitted. Council Member Vasquez abstained due to his absence from that meeting. • • • • DIM' • • I►t y 1opm huml I It LWI mWasuclejaw im••, The Minutes of the Regular Meeting of August 16, 1994, were approved as submitted. Council Member Vasquez abstained due to his absence from that meeting. • 'A IN M ... 11 1 The List of Demands dated August 31, 1994, in the total amount of $794.14 was received and filed. •I�!\ISL\�i7�11�1 1� ; ' • ; • 1�► incl • IMF,1 "' 1 1 The City Treasurer's Report of Investments as of July 31, 1994 in the total amount of $17,434,632.54 was received and filed. '•' • PL • •'u� • �1 1 The Report dated September 20, 1994, from the Planning Director, advising that three new development applications had been received by the City since the last report of August 16, 1994, was received and filed. -- ----� 6. RESOLUTION. NOTICE OF COMPLETION AND FINAL- - As set forth in the Report dated September 20, 1994, from the Director of Public Lands and Facilities, the following Resolution was adopted accepting the completion of the 1994 Weed Abatement Program for the City: RESOLUTION NO. 94-9-20-1, COMPLETION OF 1994 WEED ABATEMENT PROGRAM (STEWART & ASSOCIATES) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE 1994 WEED ABATEMENT PROGRAM (STEWART & ASSOCIATES) The Resolution accepted the work as complete in the amount of $13,018.57 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $1,301.85 thirty-five (35) days after recording the Notice of Completion. City Council Minutes -3- 9120194 AGENDA ITEM September 20, 1994 TO: George Scarborough, City Manager FROM: Ronald C. Sievers, Director Public Lands and Facilities SUBJECT: 1994 Weed Abatement Program - Resolution, Notice of Completion and Final Report ------------- RECOMMENDATION By resolution, determine that the work for the 1994 Weed Abatement Program has been completed and authorize staff to release the 10% retention, in the amount of $1,301.85, thirty days after the recording of the Notice of Completion. SIT AU TION The City of San Juan Capistrano annually conducts a Weed Abatement Program in accordance with City Ordinance No. 348. This ordinance requires that all properties not in compliance with the ordinance be cleared of noxious and hazardous weeds, debris and refuse by a City Contractor. The 1994 Weed Abatement Program has been completed and is ready for acceptance by the City Council and recordation of a Notice of Completion. Thirty days following this action, the 10% retention monies will be released. NOTIFICATION Stewart and Associates 130 Barcelona San Clemente, CA 92672 CONMISSIONBOARD REVIEW_ RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS The contract, awarded to Stewart and Associates, has been completed for $13,018.57. A total of 39 properties were abated this year (20 private, 15 City, 4 City CRA), compared to 44 properties in 1993. 1 FOR CITY COUNCIL AGEN J Agenda Item September 20, 1994 Page Two E City Council approval will result in the release of the 10% retention to the City Contractor in the amount of $1,301.85. ALTERNATE ACTIONS 1. Accept the completion of the 1994 Weed Abatement Program and authorize recording of the Notice of Completion. 2. Do not accept completion of the 1994 Weed Abatement Program. 3. Refer to staff for additional information. RECOMMENDATION By resolution, determine that the work for the 1994 Weed Abatement Program has been completed and authorize staff to release the 10% retention, in the amount of $1,301.85, thirty days after the recording of the Notice of Completion. Respectfully submitted, �v�n,c,J:fi'X C Ronald C. Sievers RCS:nb 9 • RESOLUTION NO. 94-9-20-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE 1994 WEED ABATEMENT PROGRAM (STEWART AND ASSOCIATES) WHEREAS, on April 5, 1994, the City of San Juan Capistrano entered into a contract with Stewart and Associates for the 1994 Weed Abatement Program; and, WHEREAS, the Director of Public Lands and Facilities has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano, as follows: SECTION 1. That the work required to be performed by said contractor has been completed. SECTION 2. That the total cost of said work is in the amount of $13,018.57. SECTION 3. That the work is hereby accepted and approved. SECTION 4. The City Clerk is directed to forthwith forward a 'Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 20th day of September 1994. [urvcsy I ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 94-9-20-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 20th day of September , 1994, by the following vote: AYES: Council Members Jones, Hausdorfer, Nash, Vasquez and Mayor Campbell NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOHNSON,OTY CLERK -2- L740 April 6, 1994 Stewart and Associates 130 Barcelona San Clemente, California 92672 Gentlemen: Please Si .. . ... .:..-11 1 '.I.0 Date F, Return This Copy &cr. 30 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY HAUSOORFER GILJONES CAROLYN NASH JEFFVASOUEZ CITY MANAGER GEORGE SCARBOROUGH At their meeting of April 6, 1994, the City Council of the City of San Juan Capistrano awarded the contract for the 1994 Weed Abatement Program to your company at $17,392.25. A fully -executed copy of the agreement is enclosed for your records. You are required to return an acknowledged copy of this Notice of Award. Thank you for your cooperation. If we can be of further assistance, please call. V ry truly yours, Cheryl Johnson City Clerk Enclosure cc: Director of Public Lands and Facilities (with copy of contract) Nancy Barney (with copy of contract) Director of Administrative Services (with copy of contract) Receipt of Ae foregoing Notice of Award is hereby acknowledged: 1 This CVV day of 44WL 1994. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 9 (714) 493-1171 9 0 RESOLUTION NO. 94-4-5-3. APPROVING APPLICATION FOR GRANT FUNDS - RPHABILITATION OF CALLE ARROYO AND EL CAMINO PARK BIKE TRAMS . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SENATE BILL 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN The motion carried by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell NOES: None ABSENT: Council Member Vasquez Written Communication: Report dated April 5, 1994, from the Director of Engineering and Building, recommending that the proposed revised revenues and project changes be approved for the 1993-94 Mid -Year Capital Improvement Program. Approval of Mid -Year Capital Improvement Program: It was moved by Council Member Nash, seconded by Council Member Hausdorfer, and unanimously carried that the 1993-94 Mid -Year Capital Improvement Program be approved as submitted with increases and decreases in funds. 1. AWARD OF. CONTRACT - 1994 WEED ABATEMENT PROGRAM (STEWART & ASSOCIATES) Mommunication: Report dated April 5, 1994, from the Director of Public Lands and Facilities, recommending that the bid for the abatement of weeds and refuse be accepted as complete and awarded to Stewart & Associates in the amount of $17,392.25. Award of Contract for 1994 Weed Abatement Proarsan It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried that the bid for the 1994 abatement of weeds and refuse be accepted as complete and awarded to Stewart & Associates in the amount of $17,392.25. The program was anticipated to commence on May 20, 1994, and completed by June 30, 1994. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. Ka7 tl lr\SCM=[iT�;ixyfslY:�11 Ci)••%\�lal s7:C : Y a . • Y. e i : WWWO a : 1 . • �1 j1 t •A41611071= Written Communication: Report dated April 5, 1994, from Carole Jacklin, Council Services Manager, forwarding the letter of resignation. City Council Minutes -11- 4/5/94 AGEN A ITEM April 5, 1994 TO: George Scarborough, City Manager FROM: Ronald C. Sievers, Director Public Lands and Facilities SUBJECT: Award of Contract - 1994 Weed Abatement Program ------------------------------------------------------------------ RECOMMENDATION By motion, accept the bid as complete; award the contract to Stewart and Associates, and authorize the Mayor and City Clerk to execute the document on behalf of the City. SITUATION Summary and Recommendation In accordance with Ordinance No. 348, which sets procedures for the abatement of weeds and refuse, the City has solicited bids for the 1994 Weed Abatement Program. Bids received were as follows: Stewart and Associates $ 17,392.25 Vermeulen Landscape Maintenance $ 17 392.25 H & M Excavating, Inc. $ 22,667.35 Proposals received were bid on a unit price basis for discing, mowing, handwork and trash clean-up. The final contractual estimate (as shown above) is based on the unit price bid by the contractor applied to the final quantities of the prior year's weed abatement program. In calculating the final contractual estimate, using the formula as noted, Staff found that Stewart and Associates and Vermeulen Landscape Maintenance had identical bids. With both contractors meeting the prescribed requirements as noted in the specifications, it was necessary to consider additional factors in making a final recommendation. Staff recommends that Stewart and Associates be awarded the 1994 Weed Abatement Contract on the basis of its past experience working for the City of San Juan Capistrano. Stewart and Associates has previously performed the work with no complaints from the public. Additionally, Staff recognizes that a considerable savings in Staff time to oversee the program can be realized due to the contractor's familiarity with the City, areas of high sensitivity, and the overall operating process. Stewart and Associates was awarded the contract for the City's 1993 Weed Abatement Program, at a total contractual cost of $17,392.25. FOR CITY COUNCIL AGEND�f VV 3, F_ ] E A review of the qualifications of Stewart and Associates has determined their services and equipment to be acceptable, and their bid to be complete. Stewart and Associates will be able to begin the abatement process in accordance with our proposed schedule. The 1994 Weed Abatement Program (for the public) is anticipated to commence May 20, 1994, and will be completed by June 30, 1994. Any additional service will take place throughout the year and will be performed by the contractor on a call-back basis. NOTIFICATION Stewart and Associates Vermeulen Landscape Maintenance H & M Excavating, Inc. COMMISSION/BOARD REVIEW, RECOMMENDATIONS None FINANCIAL CONSIDERATIONS This program is financed by the property owners who require abatement service. An additional administrative fee is assessed to each abated property to cover administrative staff time, City overhead and field inspection. In 1993 the Weed Abatement Program assessments totaled $16,606.96. ALTERNATE ACTIONS 1. Determine the bid by Stewart and Associates to be complete; approve the award of contract to Stewart and Associates for the 1994 Weed Abatement Program in the amount of $17,392.25; and authorize the Mayor and City Clerk to execute the documents on behalf of the City. 2. Do not accept the bid. 3. Request additional information from Staff. RECOMMENDATION By motion, accept the bid as complete; award the contract to Stewart and Associates, and authorize the Mayor and City Clerk to execute the document on behalf of the City. Respectfully submitted, Ronald C. Sievers RCS:nb } • Bid Opening Report • Bids opened February 22, 1994 at 2:00 p.m. Project Engineer: Ron Sievers Project Title: 1994 Weed Abatement Pre -Bid Estimate $17,000 Bid Bidder Amount N/C Aff L Pete Sanche.7. Discing 0-7,200 sq ft Edging Mowing R8 — 7,201-21,780 sq ft Discing Q8. Edging 3 Mowing 21,781-43,559 sq ft Discing Ito._ Edging 3.9=' Mowing 19(0 : _ 1 acre Discing 25.— Edging 3 y= Mowing.— Parkways 3 Hand Labor 3. Trash Cleanup _ 4 2• Stewart and Assicuates Discing Iii;" 0-7,200 sq ft Edging 2.='0 Mowing IS. - 7,201 -21,780 sq ft Discing Edging 2 Mowing 2pbcl 21,781-43,559 sq ft Discing 150.' Edging 2 y= Mowing 1 acre Discing �^S• Edging Z.W Mowing 250.— Parkways 2 . Hand Labor —2—s Trash Cleanup sc�- 1994 Weed Abatement Page 1 of 5137 0 0 Vermeulen Landscape 3. Discing 0-7,200 sq ft Edging Mowing ll• - 7,201 -21,780 sq ft Discing 1 SA Edging 2. Mowing I son 21,781-43,559 sq It Discing 1 SO ' Edging 2• 2E, Mowing 1 acre Discing Edging Mowing Parkways Z•S' Hand Labor Trash Cleanup 91 0-7,200 sq It 7,201-21,7 21,781-43,- 1 acre Discing Edging Mowing Discing Edging Mowing Discing Edging Mowing Discing Edging Mowing Parkways Hand Labor Trash Cleanup 1994 Weed Abatement Page 2 of 2' 3 0-7,200 sq ft 7,201-21 21.781-4: 1 acre 9 cc: City Clerk Staff PL&F Department City Manager Signed: (� of�i Dated: Discing Edging Mowing Discing Edging Mowing Discing Edging Mowing Discing Edging Mowing Parkways Hand Labor Trash Cleanup The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. 1994 Weed Abatement Page 9 of-?' BID PROPOSAL • 1994 WEED AND RUBBISH ABATEMENT COMPANY DATE /a 9 ADDRESS en>c PHONE x7e__ LOT SIZE IN SO FEET DISCING EDGING* 1474IM 0 to 7,200 SF $ %SOco $ASO $�oa 7,201 to 21,780 SF $ 95O $,SO 21,781 to 43,559 SF $ /SO"c' $o?.SO 1 Acre Over 1 Acre** *Edging of acreage shall be bid per 100 lineal foot. **Parcels with square footage exceeding one acre shall be calculated and charged as one acre, plus a percentage of the amount over one acre, based on the one acre price; i.e. 1.4 acres would be calculated at 1 acre (at the quoted price), plus 40% of the 1 acre price. Parkways - Per 100 SF • Hand Labor and Tools - Per 100 SF $ C. 6-C-) Includes all labor and equipment necessary to clean designated property and dispose of rubbish accumulated. Trash Clean -Up and Disposal per Cubic Yard $ SO" If awarded the contract, we agree to begin work per specifications and to complete per specifications. i7a further agree to enter into contract within 15 days after notification that the contract has been awarded. This is a valid and binding proposal to do all the work herein bid upon for the prices set forth above. The undersigned hereby declares, as bidder, that the prices, terms or conditions of said bid have not been communicated by the undersigned to any employee or agent of the City of San Juan Capistrano; that the proposal is genuine, and not sham or collusive, nor made in the interest or on behalf of any person not herein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that 0 7 • the bidder has not in any manner sought by collusion to secure for • himself an advantage over any other bidder. Company By ') Address Title Date !/cE��5/ Phone fa:5 O Are subcontractors to be used on this project? Yes No4— If yes, please complete the following: :lame of Subcontractor Address Type of Work *************************** Name of Subcontractor Address Type of Work Phone Phone • If more than two subcontractors are to be used, please list additional companies on a separate sheet. All bids must be received by the City prior to the hour indicated on the Notice Inviting Bids or they shall be returned unopened. 40 s 0 0 DESIGNATION OF SUB -CONTRACTORS Are subcontractors to be used on this project: If yes, please complete the following: Yes No In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the following listed subcontractors in making up his bid, and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the Director of Public Lands and Facilities, and in accordance with the applicable provisions of the specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a subcontractor is not listed will be performed by the undersigned through his forces. If no subcontractors are listed, all insurance will be written in the name of the general contractor only. Item of Work 1. 2. 3. 4. 5. 6. 7. 8. Subcontractor Address Phone No. Erb &r�A)eR l- Bidder's Name Authorized Signature 0 10 • L� 0 0 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF QUOTATION. Bidder's Name 2. ;-b fox 4 Company Business Telephone Number 4. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. Contract From 4 to 93 City/Company Supervisor Amount i na ure �L Company is 11 • 0 0 STATEMENT OF EQUIPMENT THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF QUOTATION. Bidder -s Name Company Name 2. —A) Business Address 3.'7/� �9 9�.kcJ Business Telephone Number 4. State below the information for each tractor you have available for work. Type of Equipment Make of Tractor Serial Required You are Offering Model Year Number -7-Alleliva7.ro r4 1066 -7`7 • � /� � ofFs� f r7rs�s — 3 ilJ <rJCF<i EA�K S 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: 0 12 STATEMENT OF GENERAL INFORMATION • YES NO 1. Are you the legal owner of all equipment being offered? 2. Do you intend employing subcontractors iny any phase of the clearing operation? 3. Do you or any subcontractor you intend to employ have any additional contractual commitments occurring during the term of this contract? If so, please list them. 4. Do you agree to make all equipment offered available for inspection at one location on a mutually established date? If not, please explain. 5. Have you, under your name or any other, • ever had a contract canceled or termi- nated for any reason? If so, please explain. 6. Has any subcontractor that you intend to employ, under his name or any other, ever had a contract canceled or terminated for any reason? If so, please explain. The above information is true an accurate to the best of my knowledge. a1o/f f signature l� Gaccc kJ %euw Date ame Company THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF YOUR QUOTATION. 0 13 • NON -COLLUSION AFFIDAVIT* (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID) • STATE OF CALIFORNIA ) ss. County of Orange ) • being first duly sworn deposes and says that he is 45?Wl1 g,ut-, ffSsociHfE� the party making the foregoing bid; that such bid is not made in the interest or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. Dated; S On this, the 22 day of 19 , before me, the undersigned, a Notary Public in and fog said State, personally appeared L i/c c -t personally known to me/proved to me on the basis of satisfactory evidence, to be the person(W whose name (a) ,__2 subscribed to the within instrument, and acknowledged that executed it. Witness my hand and official seal. `-Wbt-ary Pu blic n and for said State ' °' • ROSEMARY WARREN • ry COMM. H100Jo D NotaryPubbcCalitorma ": ORANGE COUNTY _� My Commission Exp. 10125197k STATE OF CALIFORNIA y� COUNTY OF Cc yt_c� } S.S. On \, A r before me, �oS a rn 4 ry� personally appeared L Lt1->' c j! n r {2p' - personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(p)_whose name(3119are subscribed to the within instrument and acknowledged to me that el executed the same ir<i authorized capacity(es), and that bXj&h&Mh@tr signature on the instrument the person(n), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal N GTC MBA (1-91) Gateway Title Company FOR NOTARY SEAL OR STAMP ROSEMARY WARREN COMM. #1007483 D Notary Public California X Q '�� ORANGE COUNTY My Commission Exp. 10/25/87 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA COUNTY OF ORANGE I am a citizen of the United States and a resident of the County aforesaid. I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on June 7, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: Jan. 13, 20, 1994 1 declare under penalty of perjury that the foregoing is true and correct. Executed at Mission Viejo, Orange County, California, on Jan.20, 1994 ..... ............................................................. (Signature) Capistrano Valley News (A Publication of South Orange County News) 23811 Via Fabricante P. O. Box 3629 Mission Viejo, California 92690 (714) 768-3631 Space below for Filing Stamp Only. Proof of Publication of NOTICE INVITING BIDS ....................................................................................... NOTICE INVITING IMDS . 1A84WEED ANDRUBBiSR. ATEMENT PROGRAM Notice is hereby given llat sty or Sal Juan Capistrano -H nxelve eealetl Proposals or bids for the 1994 wood aid Rubbish Abatement Program anti 2:00 P.m. on the 22 el it,, of February, 1994. AItANDATORYprs-btdednre[enceu echetlWed et 1:OO p.m. an tri gbh day of February, 1994, at the City otReea to sestet mntracls. COPIes tithe Plan and SPect9eatlotn are on Olein the OHIO, of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Cepistrana, California, and may be obtained at the non - gndable charge afg10.00, plus a charge of$5,00 for each set of Plans and SpeciOca[ions mailed. Dated: January g,1994 CHERYL JOHNSON, CITY CLERK CITY OF SAN JUAN CAPISTRANO Published; Capistrano V ORANGE COUNTY, CALIFORNIA January 13, 20, 1994 alley News 0 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Bea Gougeon, Legal FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED PROOF OF PUBLICATION: AUTHORIZED BY: DATE: January 6, 1994 Date of Bid Opening Date(s) notice published Date affidavit received Date notice posted in designated posting places THURSDAY, JANUARY 13, 1994 THURSDAY, JANUARY 20, 1994 NOTICE INVITING BIDS - 1994 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 - 02/22/94 - 01/13/94 - 01/20/94 - 01/13/94 • NOTICE INVITING BIDS 1994 WEED AND RUBBISH ABATEMENT PROGRAM Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the 1994 Weed and Rubbish Abatement Program until 2:00 p.m. on the 22nd day of February, 1994. A MANDATORY pre-bid conference is scheduled at 1:00 p.m. on the 8th day of February, 1994, at the City offices to assist contracts. Copies of the Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at the non-refundable charge of $10.00, plus a charge of $5.00 for each set of Plans and Specifications mailed. Dated: January 6, 1994 CHERYL O SON, CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA PRESS 0 1994 WEED AND RUBBISH ABATEMENT PROGRAM NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano Will, up to 2:00 P.m.. on the 22nd day of February. 1994, receive sealed proposals or bids for the 1994 Weed and Rubbish Abatement Program in accordance with the approved specifications on file in the Office of the City Clerk of the City of San Juan.Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. A MANDATORY pre-bid conference is scheduled at 1:00 p.m. on the 8th day of February. 1994, at the City Offices. The Contractor shall have the opportunity of clarification or interpretation of any point or points of question within the specifications and contract documents. It is the Contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or interpretation of the specifications or contract documents presented to the bidders in any manner. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the state of California, copies of the prevailing rate of per diem it wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk and shall be made available to any interested party on request. Copies of specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable, is required for obtaining each set of specifications. There will be a $5 charge for postage and handling on all specifications mailed. This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated CherylcOohfton, City Clerk City of San Juan Capistrano Orange County, California 2 0 i AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None 1. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF OCTOBER 19. 1993 The Minutes of the Regular Meeting of October 19, 1993, were approved as submitted. =0 gZ4111 ww"R. 1191&4191u tM81 9111 WO .-• L •'u The Minutes of the Regular Meeting of October 19, 1993, were approved as submitted. •"ITIMUNS-MAWIRLDIffem The City Treasurer's Report of Cash Fund Balances for the month of August 1993 in the total amount of S-377,866.89 was received and filed. 4. RECEIVE AND FILE CASH BALANCES By FUND FOR SEPTEMBER 1993 (330.50) The City Treasurer's Report of Cash Fund Balances for the month of September 1993 in the tots{ amount of 5-123,534.43 was received and filed. 5. RECEIVE AND FILE CITY TREASUREWS REPORT OF INVESTMENTS AS OF OCTOBER 31,1993 (350,30) The City Treasurer's Report of Investments as of October 31, 1993, in the total amount of $16,442,136.63 was received and filed. 6. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (44010) The Report dated November 16, 1993, from the Planning Director, advising that five new development applications were received by the City since the last report of October 19, 1993, was received and filed. As set forth in the Report dated November 16, 1993, from the Director of Engineering and Building, the plans and specifications were approved for the Hilltop Way Sewer Reconstruction and Calle Arroyo Sewer Rehabilitation. Staff was authorized to call for bids to be received in spring 1994. Council Member Hausdorfer abstained due to the protdmity of his residence to this project. 8. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS - ioOA UT=r7T% AMn DTIDDTCU ADATCI\.rU; DDnl -D AIA /<M X As set forth in the Report dated November 16, 1993, from the Director of Public Lands and Facddies, the specifications were approved for the 1994 Weed and Rubbish Abatement Program. Staff was authorized to call for bids. City Council Minutes -2- 11/16/93 AGENDA ITEM November 16, 1993 TO: George Scarborough, City Manager FROM: Ronald C. Sievers, Director Public Lands & Facilities SUBJECT: Review of Specifications and Authorization to Call for Bids - 1994 Weed and Rubbish Abatement Program By motion, approve the specifications for the 1994 Weed and Rubbish Abatement Program and authorize the advertising for bids. City Ordinance #348 provides for the annual abatement of weeds, garbage and refuse throughout the City. During April, inspections of all City parcels are conducted. If a property appears to have a potential problem, the owners are notified by letter. The owners are advised to clean their properties within 30 days. If the property is not cleared of weeds, etc., a private contractor, who is awarded the contract by the City Council, will clear the property under the direction of the City Enforcement Officer. Prior to the actual start of work, a list of all properties identified will be reviewed by the City Manager's Office and/or the Community Redevelopment Agency for any possible conflict with historical or archaeological concerns. Any properties identified which do have historical or archaeological conflicts will be abated under the direction or supervision of a representative of the archaeological consultants retained by the City. Discing, mowing and handwork charges are assessed by the acre and the square foot. These charges, along with an administrative charge, are added to the owner's property tax bill. The administrative charge covers the cost for the inspector's time, computer time, printing, mailing costs and all other expenditures associated with the Weed Abatement Program. The total dollar amount for the 1993 Weed Abatement Assessments was $17,392.25, compared to $10,531.05 in 1992. Now is the time to solicit new proposals for this service. Every year, the physical characteristics of the City change somewhat, as does the type of work needed to abate weeds. Areas once disced by tractor may now have to be mowed, edged or handworked. Each year, the City solicits new proposals that reflect these changes. This FOR CITY COUNCIL AGENDI ?A- DI g Agenda Item November 16, 1993 . Page 2 • insures that the City obtains the best and most economical contract for its citizens. To implement a new program commences, it is necessary a specifications so that advertising for NOTIFICATION N/A agreement before the 1994 t this time to review the new bids may begin. COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not Applicable FINANCIAL CONSIDERATIONS All costs associated with private property abatements will be assessed to the individual property owners, including an overhead charge for administration of the program. The 1993 Weed Abatement Program resulted in assessments to 25 private property owners for a total revenue of $17,510.61 to the City. These assessments were submitted to the Orange County Auditor -Controller (August 193) for inclusion on the property tax roll. ALTERNATE ACTIONS Approve the specifications for the 1994 Weed and Rubbish Abatement Program and authorize advertising for bids. 2. Do not authorize the advertising for bids. Request additional information from Staff. By motion, approve the specifications for the 1994 Weed and Rubbish Abatement Program and authorize the advertising for bids. Respectfully bmitted, C. Ronald C. Sievers RCS/NB:nb 1 0 0 CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE, STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS 1994 WEED AND RUBBISH ABATEMENT PROGRAM GIL JONES, MAYOR COLLENE CAMPBELL JEFF VASQUEZ CAROLYN NASH GARY L. HAUSDORFER CITY MANAGER GEORGE SCARBOROUGH DIRECTOR OF PUBLIC LANDS & FACILITIES RONALD C. SIEVERS IzfeltiO4V0 o;m94*1 1994 WEED AND RUBBISH ABATEMENT PROGRAM TABLE OF CONTENTS Notice Inviting Bids . . . . . . . . . . . . . . . . . . 1 Instruction to Bidders . . . . . . . . . . . . . . . . . 3 Bid Proposal . . . . . . . . . . . . . . . . . . . . . . 7 Non -Collusion Affidavit . . . . . . . . . . . . . . . . . 9 Designation of Sub -Contractors . . . . . . . . . . . . . 10 Statement of Experience . . . . . . . . . . . . . . . . . 11 Statement of Equipment . . . . . . . . . . . . . . . . . 12 Statement of General Information . . . . . . . . . . . . 13 General Provisions . . . . . . . . . . . . . . . . . . . 14 Detail Specifications . . . . . . . . . . . . . . . . . . 19 Contract. . . . . . . . . . . . . . . . . . . . . . . . 21 rr 11 The Exchange c -y' ❑ A stock insurance designated on the reverse side as, the compa(y. I City E-1136 tst Edition Named Insured ED STEkART 13997 87 93 Agent Policy Number Effective 7-30•-94 PART 1 CERTIFICATE OF INSURANCE ❑ NOT APPLICABLE ® APPLICABLE policy or policies from any cause we COVERAGE IS INDICATED BY AN "X" N LIMITS OF LIABILITY will mail{ t 5 days notice in Bodily Injury Liabilityf $ ,000 each person r" $ .000 each occurrence Property Damage Liability CITY OF SAN JUAN CAPISTRANO ,000 each occurrence Bodily Injury & Property Damage Liability $ ,000 each occurrence Personal Injury Protection - Property Protection Insurance (See Endorsement) Comprehensive, Actual Cash Value Less $ Deductible .SAN JIUW CAPISTRANO CA 92675 Collision or Upset, Actual Cash Value Less $ Deductible $ retained limit Umbrella Liability $ each occurrence POLICY NUMBER $ aggregate YEAR AND TRADE NAME IDENTIFICATION NUMBER Description of DIGITS 94 LAND CRU T 022 Equipment SHOWN This certificate is subject to all of the terms, conditions and limitations set forth in the policylies) and endorsements attached to it. It is furnished as a matter of information only and does not change, modify or extend the policy in any way. It supersedes all previously issued certificates. PART 11 ADDITIONAL INSURED ENDORSEMENT ® APPLICABLE ❑ APPLICABLE We provide the coverages indicated below by an 'Y', with respect to the above described equipment, to the person or organization named below as an additional insured. This coverage applies only (1) while the named insured is the owner, or has care, custody, or control of the above described equipment, and (2) when liability arises out of the acts and omissions of the named insured. This coverage does not apply (1) where liability arises out of negligence of the additional insured, its agents, or employees, unless the agent or employee is the named insured, or (2) to any defect of material, design or workmanship in any equipment of which the additional insured is the owner, lessor, manufacturer, mortgagee, or beneficiary. X Belli l Injury and Propeirty, Damage Liability Personal Injury Protection - Property Protection Insurance See Endorsement X Comprehensive Oncluding Fire and Theft X Collision or Upset If any court ,shall interpret this endorsement to provide coverage other than what is stated above, then our limits of liability shall be the limits of bodily injury liability and property damage liability, specified by any motor vehicle financial responsibility law of the state, province, or territory where the named insured resides, as applicable to the equipment described above. If there is no such law, our limit of liability shall be $5,000 on account of bodily injury sustained by one person In any one occurrence and subject to this provision respecting each person, $10,000 on account of bodily injury sustained by two or more persons In any one occurrence. Our total liability for all damages because of all property damage sustained by one or more persons or organizations as the result of any one occurrence LNII not exceed $5,000. The insurance afforded by the policy described above is subject to all terms of the policy and any endorsements atta a to it. This endorse- ment does not increase the limits of the policy. N Upon cancellation or termination of this policy or policies from any cause we N rn will mail{ t 5 days notice in r "' s r CD r" writing to the other interest shown below, CITY OF SAN JUAN CAPISTRANO z' 32400 PASED ADELANTO y .SAN JIUW CAPISTRANO CA 92675 Countersigned 7-E8 W/200 C/1200 PHINiEO W Usq. 4Ao� opejolo0 10 alels ayl ui 6ulleaado jo pasuaop ION , opeaolo0 pue sesueyl 10 salels ayl ul 6ulleledo jo pasueoll ION , uol6ulyseM 'aannooueA uol6ullsem 10 Auedwo0 aouemsul siawaej -g, olepl 'ollaleood oyepl 10 Auedwo0 aoueansul saawaej 'g, slowly 'ejomy Auedwo0 aouemsul siawje j slouilll 'q, 0110 'sngwnlo0 'oul'sngwnlo0lo aouemsul saawaed '6G> uo6aaO 'pae6l1 uobaao 10 Auedwo0 aouemsul saawaej '6, euozuy 'xluaoyd euozuy to Auedwo0 aoueansul siewaej sesueN 'uolsslyq aeumeys 'oul'Auedwo0 aoueansul saawaed 5„ eluaolpe0 'sala6uy sod Auedwo0 aouemsul Aanlua0-p!Vq .£ :Auedwo0 ayl se 'wayl 10 Aue Aq panssl uaym 'aleollllaao eql ul of paaaalaa sawedwoo {ools aae 6ulmollol ayl eluaolge0'sal86uy so -i 'a6ueyox3 aoueansul aald 1 � elwolAe0 `sala6uy so -1 'a6uelox3 aouemsul sjawaej 1 Auedwo0 ayl se'wayl 10 aaylla Aq panssl uaym 'oleo!lpao all ul of paiaalai sawpawos sa6ueyoxa aouemsul-aalul an 6ulmollol ayl S31NydNOD j0 dnoH!D 30NvanSNI S83W8yj �, P ENDORSEMENT ADDITIONAL INTERESTS CITY OF S J CAPISTRANO 32400 PASEO ADELANTO It is agreed that S J CAPISTRANO CA 92675 is included as an additional insured under the policy pertaining to ownership, maintenance or use of the described automobile while being operated by or on behalf of the named insured, but such inclusion of the additional interest or interests shall not operate to increase the limits of the company's liability. You will be given ten days written notice if the policy is lapsed or cancelled. rfb 04/14/94 20th CENTURY INSURANCE COMPANY ya:p�V i &"� pmt[JCltl POLICY NUMBER EFFECTIVE DATE AP 385 81 67 04/25/94 NAME OF INSURED EDWIN W STEWART r^v^ `101 the Fffective Date pending issuance of a policy to the Named Insured; excep III',r iat, ar Orlapol 'f, -( It S bound until the po'icy applied for and currently in by'he'ssu -,; �e^y INSURANCE Ivit t i ; .I ; l - _i IE 1 - 5-ct tc the terms, conditions and limitations of the Of s) applied ° x ano Gut -ent r BINDER Pea,_ ac_�Ft tI i -'.n a. I t F . NAMED INS D Loan Number EFFECTIVE Dal PROPERTY INSURED bEHMI E114F WIT 11ID I :,',Et INC; :CLLL.�STREET ADDRESS Renewal Date A M �—ZI�ADB.l. ` id L / >1 .._. �+.-L_W } ` �N� Iilssuad At.____ PM. COVERA -Fire 6 M nisi) Comp. That CAC - Ilislan - Homeowner Ftre Dwelling _ Contents Policy ECE LIMITE 5 S /} E E E r Y room OTHER COVERAGES _ Mobile Home i Speclel Form Premium N ber E %Ilcy LIENHOLDER/7 %[,.��-C.�/�`._.— Insured's Address 4:?e? Loss Payable ,,�,.,�� / / Endorsement/ >p�1¢��----,1:_��£� In Favor of 24 \r '- pU HORIZED�e� SENETpTIVE DATE - Entries 'm thoueantls of dollars - _ 310076 roae t3 001 IPP PHO STATEDIST. AGENT ®20th Century Insurance C mpany AP 385 81 67 ** MEMORAND�COPY** 041394-302-143-1 6301 Owensmouth Avenue i Woo Hills, California 91367 DECLARATIO AGE AMENDED DECLARATION PERSONAL AUTOMOBILE POLICY EFFECTIVE DATE 04/25/94 iEN ATTACHED TO THE PERSONAL AUTO POLICY. THESE DECLARATIONS COMPLETE THE POLICY AND REPRESENT IE CURRENT STATUS OF YOUR COVERAGES AND LIMITS OF LIABILITY ACCORDING TO OUR RECORDS REASON FOR AMENDMENT - 1201•AM.STANDARD TIME ADD ADDITIONAL INSURED AP 3868167 04 FROM 01/30/94 ITD 07/30/94 LOSS PAYEE AND ADDRESS (SEE REVERSE SIDE) NAMED INSURED AND ADDRESS EDWIN W 1EWART`__!!!:�__ P 0 BOX -" ** ADDITIONAL INSURED ** SAN CLEMENTE CA 92674 CITY OF S J CAPISTRANO 32400 PASEO ADELANTO S J CAPISTRANO CA 92675 87 1 94 1LANDCRUISER 1050022 1 119 1 02312811 105 IGOOD DRIVER DISCOUNT A BODILY INJ.{1Y $ 25.000 EACH PERSON $ So 000 EACH ACCIDENT 114 B PROP§RTY DAMAGE $ ,000 EACH ACCIDENT `Z4..Hca m 42 C. NI PAYMENTS $ .COC EACH PERSON O In D. UNINSURED MOTORIST $ .ODD EACH PERSON 5 ,000 EACH ACCIDENT 30 DAMAGE TO YOUR CAR CAR 1CAR 2 CAR 3 CAR n ACTDA C45H E. COMPREHENSIVE $ DEO. $ DEC $ DED 5 DEO. 227 VALUELESS DEDT,,RLF F COLLISION $ DED. $ DEO $ DEC. $ DED 254 OI DNINSJREOMOTOR16T-Po DED WAIVE 1 5 G TOWING 8 LABOR COST 5 EACH DISABLEMENT TCU -60 04/94 /m FOR POLICY SERVICE CALL (818) 704-3100 ADDRESS INQUIRIES TO - 20TH CENTURY INSURANCE CO < P.O. BOX 2000 WOODLAND HILLS CA 91365 b a 0 `Z4..Hca m z�rre�� O In AUTOMOF E LOSS PAYABLE ENDORSYMENT (49A) THE MORTGAGEE Ni N THE IMF :,:;f F DECLARATIONS 17 11 1 ,f Compar, liere, I 1• • 11 P I J -1,r t r.tlrme "f Fit F, F Frnno IF of �,r LI r i �1�lllp .,1iF-'�'1F,'civt)1rirjq jrj� pr� peill v (i I, ijeci IF, It, 1, F), 2t, ,I or F,� —F, F I I F I F ... 3 1 r I IF 'I 1h1tt IF,, F, 11,,1 ��, I I­F'r - to L I f, IF I i,� I A , r t I Co I, , if I , I ',r" Ill'i 1 1)' 1 IF It' ti, it, L, -HFI A, hI, ,d,,icied thefl, rlm 1) o I"� � I , , i I F ., , I I 'r I I _11 If I 1111ii IF,IJC It) il lolo, of I I filrih, optor, I I ., I fI, I,,, I rI r I �f, I Er I ok, IF rit-,II � I iF it I Init I I— ,i "I I , 1.1jr-1 It""', 01" "A, "'th ref,,d of11 ri •,,[ , r IF lr III C/ I.... ji', ZlIttil [1 1,11-1 iF I I rill, 11� F I III♦I-Ii th-IT, ,,it )11 'I,,:r,,,,,It,,,r 1, , if 11 IF I 1 :1 IF,, t fhfFi;1I IF j I I I IYs ii ir� 'I, I xI: Illr. IF t I Ivf�i nri 1, F I 1 1 a Sho,tid th � I I 'I forI�11`1 I "I Ff I I t t, I I 'I c t t It, 1i1 f'14' pirlif, of Oki wilh rIi- i F, I I 9 M 1111I t IF if,, 1, r 1,ri c.to THE �C til!,A)�iL,;b C L L AHA110 NS It IF I I I: L ,,f,or) II -3C E FF L C I I ji jl140l 'CrFill:l ,,A F F7 T I I EI - One I I I I Ialno I op,,fle,i by , ", i Ii, "I , I I F r i I I I I I 1� I II —, vip,l I i➢) III, ny Jh, r, F I C,'I Iff IT I I I I IF ij "Jo � .... to, jr)�, f,I[k), ) 1 1 rj)� I r 1 1 It: 'r): I (,F "I I I I I 1 1 11 1 1 mums Bodfly Inryly Fr, : qL"', I IrII, I r I I": I "n""d IF ""lin l, ho [")I i it IF GOOD DPIVF Il i )L r The . ...... ; , , , , r4F,, I ow I tr )ttli, IIIII ''I'Ve rCLArrIcI )( I r , ; , II'.,,,'. I I I ( I [III, ..... I, ""pend"A oj ,t It lF I I 1 1 F,'I c if I IF A J I I, 'TO THE MORTGAGEE! ADDITO;0-�NAZ- 0%ISURED II)ON EXF!R-1!6t :N r,lt i LAr ENDED F -r' Ai`k011'tiI o,—f V r, FIV W, 'I A 20th Century Insurance Company RECEIVrD 21St Century Casualty Company 'IR 31 I 10 PII 6301 Owensmouth Avenue I Woodland Hills, California 91367 1 (818) 714-31 CERTIFICATE OF INSURANCE To: CITY OF SAN JUAN CAPISTRANO DEPARTMENT OF PUBLIC LANDS 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 This is to certify that the automobile insurance policy described herein has been issued as follows: Name and Address of Insured:EDWIN W. STEWART P.O. BOX 4117 SAN CLEMENTE, CA 92674 Description of Automobile:94 LANDCRUSIER VIN,¢`JT3DJ81W3R0050022 Policy NumberAP 3858167 Effective Date:04 / 2 5 / 9 4 INSURANCE UNDER THE POLICY IS INDICATED BY AN "X" OPPOSITE Bodily Injury Liability $ 25 ,000 each person; $ 50 000 each occurrence X Property Damage $ 25 000 each occurrence Uninsured Motorist CoverageX Medical Payments $ 000 each person Comprehensive (Including Fire and Theft) Collision or Upset—Actual Cash Value Less $ 500 •00 Deductible This policy is continuous and is automatically renewed upon payment of the required premium. Ten days written notice will be given to the certificate holder in the event the policy is lapsed or cancelled. Endorsements forming part of the policy: 20th CENTURY INSURANCE COMPANY 21st CENTURY CASUALTY COMPANY AUTHORIZED COU ERSIG URE "esidew Date MARCH 30, 1994 TCU -60 (04.92) vc:n I srI <trx t i. yr r�y+au�nv cISSUE DATE: 05/02/94 i BODILY INJURY PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND I I HIRED AUTOS CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Sandy Heath (619) 259-5205 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE VANORSDALE NORTH COUNTY POLICIES BELOW. 12626 High Bluff Dr., #360 San Diego, CA 92130 �co cow___ ....... 111 IZIri1w n' I. iC•I� INSURED COMPANY LETTER A ALLIED MUTUAL INSURANCE GROUP ED STEWART COMPANY DBA: STEWART & ASSOCIATES LETTER B �' Y P.O. BOX 4117 COMPANY SAN CLEMENTE, CA 92674-4117 LETTER C COMPANY LETTER D COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE(MMIDDIVY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $2,000,000 ( X I COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO $2,000,000 A ( I CLAIMS MADE ( X I OCCUR, ACP 780 0107127 04/15/94 04/15/95 PERSONAL & ADV. INJURY $1,0009000 [ I OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $1,000,000 ( I FIRE DAMAGE (My One Fire) S 50,000 AUTOMOBILE LIABILITY COMBINED SINGLE [ ] ANY AUTO LIMIT [ I ALL OWNED AUTOS BODILY INJURY [ I SCHEDULED AUTOS (Pa Pmon) I I HIRED AUTOS BODILY INJURY [ I NON -OWNED AUTOS (PU Accident) [ I GARAGE UABBATY DISEASE - EACH EMPLOYEE EXCESS LIABILITY EACH OCCURRENCE ( ]UMBRELLA FORM AGGREGATE ] OTHER THAN UMBRELLA FORM Xx WORKER'S COMPENSATION [ ]STATUTORY LIMITS .._...._......... OR EACH ACCIDENT DISEASE -POLICY LIMIT EMPLOYERS LIABILITY DISEASE - EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I SPECIAL ITEMS THE CITY OF SAN JUAN CAPISTRANO IS AN ADDITIONAL INSURED AS RESPECTS POLICY ACP 780 0107127. RE: WEED & RUBBISH ABATEMENT CiSA'i('•,IG"A.'1i ,� CA7fXOEi,"GATiil1�' .. .. .. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO THE CITY OF SAN JUAN CAPISTRANO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ATTN: NANCY BARNEY LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 32400 PASEO ADELANTO LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. I STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION IN SU R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MARCH 16, 1994 POLICY NUMBER. 1332846 - 94 CERTIFICATE EXPIRES: 1-1-95 r CITY OF SAN JUAN CAPISTRANO BUILDING & SAFETY DEPARTMENT/ATTN 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 L NANCY BARNEY JOB: 1994 WEED & RUBBISH ABATEMENT CONTRACT EMPLOYEES=4 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. X. PRESIDENT EMPLOYER r EDWIN W. STEWART DBA: STEWART AND ASSOCIATES P.O.BOX 4117 SAN CLEMENTE, CA 92674 L SCIF 10262 (REV. 10-86) 3 a rn rn o In c.a '*andy Heath - #2424 OiTIFICATE OF INSURANCO 12626 High Bluff Drive, #360 San Diego, CA 92130 Nationwide Insurance Telephone: (619) 259-5205 The Nationwide Mutual Insurance Company or me Mutual Fire Insurance Company certifies that the Insurance afforded by the policy or policies numbered and described below Is In force ani of the effeclNe dale of this certificate and that this Certificate of Insurance does not amend, extend or othemise eller the terms and conditions of Insurance coverage contained in any policy or policies numbered and described below. Certificate Holders Name and Address: THE CITY OF SAN JUAN CAPISTRANO ATTN: NANCY BARNEY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 I_ DESCRIPTIVE SCHEDULE '- Insurance In force only for hazards Indicated by K 'Should any of the above described policies be cancelled before the expiration date theroon, the Insurance company will mail Se days veliten notice to the above named Certificate HOWer.' NATIONWIDE MUTUAL INSURANCE COMPANY Insured'. Name and Address: NATIONWIDE MUTUAL FIRE INSURANCE COMPANY f— --i Columbus, Ohio ED STEWART DBA STEWART & ASSOCIATES P.O. BOX 4117 SAW CLEMENTE, CA 92674-4117 I n- aAnn rn In on, I.n. Date Certificate Issued: April 28, 1993 Countersigned at: J SAN DIEGO. CA Authorized Representative Sandy Heath POLICY POLICY TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY DATE DATE (`Limits At Inception) (X] GENERAL LIABILITY (X] Premises - Operations General Aggregate" $1,000,000 [X] Products - Completed Operations Pr. Comp. Op. Agg.e `;1,000,000 Each Occurrence 51.000,000 [X] Personal & Advertising Injury Any One Person/Org. $1,000,000 Expense 73 PR 008321 5001 04/15/93 04/15/94 Any One Person $ 5,000 KMedical Fire Damage Legal Any One Fire S 50.000 ( Other Liability [ ] GARAGE LIABILITY PREMISES Each Accident Aggregate• [ ] PROPERTY Limit [ ] OTHER Limit AUTOMOBILE LIABILITY $, [ ] BUSINESS AUTO Bodily Injury [ ] GARAGE (Each Person) [ ] Owned (Each Accident) Hired Property Damage [] ] Non -Owned (Each Accident) Combined Single # Fill in Either Combined Limit Single Limits or Split Limits EXCESS LIABILITY Each Occurrence [ ] Umbrella Form Aggregate* [ ] Workers' Compensation STATUTORY LIMITS Bodily Injury Each Accident by Accident and Bodily Injury Each Employee by Disease Bodily Injury Policy Limit [ ] Employers' Liability by Disease ADDITIONAL INFORMATION: RE: WEED & RUBBISH ABATEMENT, SUBJECT TO THE PLEASE ADD ADDITIONAL INSURED PER FORM CAS -4190, TERMS AND CONDITIONS OF THE POLICY. ENDORSEMENT NO. A - 6 ATTACHED. Insurance In force only for hazards Indicated by K 'Should any of the above described policies be cancelled before the expiration date theroon, the Insurance company will mail Se days veliten notice to the above named Certificate HOWer.' NATIONWIDE MUTUAL INSURANCE COMPANY Insured'. Name and Address: NATIONWIDE MUTUAL FIRE INSURANCE COMPANY f— --i Columbus, Ohio ED STEWART DBA STEWART & ASSOCIATES P.O. BOX 4117 SAW CLEMENTE, CA 92674-4117 I n- aAnn rn In on, I.n. Date Certificate Issued: April 28, 1993 Countersigned at: J SAN DIEGO. CA Authorized Representative Sandy Heath III �%* * NATIONWIDE "INSURANCE Nationwide IS On your Side 0 POLICY NUMBER: 73 PR 008321 5001 NAMED INSURED: STEWART & ASSOCIATES POLICY TERM: 04/15/93 - 04/15/94 ENDORSEMENT NO.: A - 6 ISSUE DATE: April 28, 1993 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSORS OR CONTRACTORS (FORM B) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or Organization: CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 WHO IS AN INSURED (Section II) is amended to include as an insured the Person or Organization in the Schedule, but this insurance with respect to such Person or Organization applies only to the extent that such Person or Organization is held liable for your acts or omissions arising out of and in the course of operations performed for such Person or Organization by you or your subcontractor. Cas. 4190 (01/90) RE: WEED & RUBBISH ABATEMENT, SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. THIS ENDORSEMENT EXPIRES ON APRIL 15, 1994. E into�runo ("w.,„xm � 1961 1776 September 21, 1994 Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92702 Re: Gentlemen: The following document is enclosed for recordation: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY HAUSOORFER GIL JONES CAROLYN NASH JEFFVASOUEZ CITY MANAGER GEORGESCARBOROUGH L ONFOF'MeD C'Cr"N` Not Oornpawd with Ori9111ai Notice of Completion of 1994 Weed Abatement Program by Stewart & Associates When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, ( & � Cheryl Joh n City Clerk Enclosure Document Number Date 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 C �m+o�ra��rto m�nneu 1961 1776 p October 19, 1994 Ed Stewart Stewart & Associates 130 Barcelona San Clemente, California 92672 Re Dear Mr. Stewart: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY HAUSDORFER GIL JONES CAROLYN NASH JEFFVASOUEZ CITY MANAGER GEORGE SCARBOROUGH At their meeting of September 20, 1994, the City Council of the City of San Juan Capistrano adopted Resolution No. 94-9-20-1, accepting the work completed for the 1994 Weed Abatement Program in the amount of $13,018.56. A copy of Resolution No. 94-9-20-1 is enclosed for your information. The retention will be payable upon 35 days from recording the Notice of Completion. The Notice was recorded on October 17, 1994; therefore, the final payment, in the amount of $1,301.85, may be released on November 21, 1994. If you have any questions, please do not hesitate to call. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: Director of Public Lands & Facilities Accounts Payable 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 September 21, 1994 ! r1f1111 S[6C.<G 1''ea4ft,96 10�3 Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92702 Gentlemen: `'� ! ■ (�� 110AIOA�110 I„I,lNYl4 1961 1776 The following document is enclosed for recordation: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSDORFER GIL JONES CAROLYN NASH JEFFVASCUEZ CITY MANAGER GEORGE SCARBOROUGH Notice of Completion of 1994 Weed Abatement Program by Stewart & Associates When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, 6Z4( Cheryl Joh n �� ( City Clerk Enclosure Document Number Date 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 0 RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GO RNMENT CODE SECTION 6103 CY` Cheryl Johnso , City Oterk San Juan Capistrano, CA NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City to Stewart and Associates, 130 Barcelona, San Clemente, 92672, for the perforq 1994 Weed That said work was completed on August 2, 1994, by said con Director of Public Lands and Facilities of the City of San Juan Cap: of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San the 20th day of September, 1994, by Resolution No. 94-9 -1 0 cil of the City of San Ju:m Capistrano, California, of the following work: cording to plans and specifications and to the satisfaction of the and that said work was accepted by the City Council of the City Capistrano, California 92675, at a regular meeting thereof held on Dated at San Juan Capistrano, California, this 21st day of September , 1994. Cheryl Johnson, CleK City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON,y appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY Ander penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duty and eguiarly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 21st day of September , 1994. Cheryl Johnson, CitKlerk City of San Juan Capistrano RETURN ADDRESS: 7 ° DATE' x� �- , �2� � We are returning UNRECORDED , c t s_-k+« ` naming together with your remittance of $ Ck. No. 6, for the reasons checked below: (1) The recorder can find no provision in the law authorizing the recording of the enclosed document(s). (2) Recording cannot be performed in this county, please forward to county shown on the document. (3) For proper indexing a. "Eta]" is not acceptable; all parties must be named. b. The name of the company, corporation or partnership must be at the signature point. _ c. The trustee of a trust must be identified as such. d. The names in the caption, execution and notary acknowledgment must match. (4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax due or an acceptable reason for exemption. (see bulletin) (5) The city where the property is located or "unincorporated area" must be stated on the deed and the tax declaration must indicate how the tax was computed. (6) The preliminary change of ownership report is incomplete or unsigned. Please complete or correct the areas checked in red. (7) The notary acknowledgment is incomplete (please see red check) or is an incorrect form. A form is required. (8) The notary seal/signature is missing or is illegible. (9) Portion(s) of the document are illegible (please see red check). You may either execute and submit a new original or you may add a legible copy and a certification by the party creating the copy under penalty of perjury that it is a true copy of the original. (Gov. Code section 27361.7) (10) The legal description/exhibit has been omitted. All exhibits must also be referenced in the body of the document and appropriately labeled. (11) Recording reference (date and document number or book and page) of the prior recorded document is incorrect or was omitted. (12) Abstracts of judgment must contain the address of the judgment creditor(s), the address of the judgment debtor(s) and the address at which the summons was served or mailed. (13) Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is affected must be identified (i.e. owner etc.) (14) To properly perfect a security interest, this UCC -1 must be filed with the Secretary of State, Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a "fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must include a statement that it is a fixture filing to be recorded in the real estate records, a description of real property in Orange County and, if the debtor does not own the real property, the name of the owner. (15) We have received your check without a document or letter of instruction. We are unable to determine the intent of the fees. (16) The correct fees will be $ . If an attachment is added to the document, the fee will increase $3.00 per page or portion thereof. r (17) OTHER: LEE A. BRANCH, ORANGE COUNTY RECORDER BY PHYLLIS JOHNSON Deputy Recorder -O FnF99-ins (RIO/011 C i t y o f Contact Person: Ronald C. Sievers, Director Public Lands & Facilities 714/493-1171, Ext 295 For Immediate Release Ronald C. Meda" R E L E A S E S a n J u a n C a p 1994 WEED ABATEMENT I s t r a n o February 1, 1994 today that the City of San Juan Cdpistrano's1994. ad Abatement Prograrn-will take place from May 20 to June 30, 1994. Actual Notices to Abate will � mailed in mid`-�pri1.� Contractor bids r , have been solicited; and an award of contract wip be made at the City COuncil meeting of March 15, 1994. i Mr. Sievers Ya ated that approximately1700 letters had been mailed in January to residents who may have a potential weed ab�atement problem. These 14ters were sent in an effort to give ci `zeds early notification ol th' program, such that will have ample time to plan ahead. -Citizens have the option oerforming their ow £ pn ab iement, hiring an outside contractor, or notifying the City that they wish to have the work done by the City Contractor. As costs for work performed by the City Contractor, as well as City administrative charges, have increased in recent years, citizens are again encouraged to perform their own abatement or to hire an outside contractor. A list of contractors who perform weed abatement (neither endorsed nor recommended by the City) is available for citizen convenience. Questions regarding the upcoming Weed Abatement Program may be directed to the Department of Public Lands and Facilities, Monday thru Friday, 8:00-5:00 p.m., at 714/493- 1171, Ext 295. 32400 Paseo Adelanto San Juan Capistrano CA 92675 t � _�, -, <L rV �"V ` T "-'-7 : 't in'- i- .:� 1 ti lJ Yr C„� • I.IM1L4TY ENDORSEMEN* CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 32400 Paseo Adelanto • San Juan Capistrano, California 92673 ATTN: A. POLICY INFORMATION Endorsement 1. Insurance Company • Policy Number 2. Policy Term (From) 01�3 To) 9W ;Endorsement Effective Date 3. Named Insured 4. Address of Named Insured/oma �c� rg y z67z. S. Limit of Liability Any One Occurrence Aggregate io40000 General Liability Aggregate (check one:) Applies "per location/project" Is twice the occurrence limit 6. Deductible or Self -Insured Retention (Nil unless otherwise specified): 7. Coverage is equivalent to: Comprehensive General Liability form GL0002 (Ed 1/73) Commercial General Liability "claims -made" form CG0002 8. Bodily Injury and Property Damage Coverage is: • "claims -made" �— 'occurrence" If claims -made, the retroactive date is B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. The City and the Community Redevelopment Agency, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured 2. CONTRIBUTION NOT REQUEUD. As respects: (a) work performed by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the CIty, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance • maintained by the City, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it. (OVER) 3. SCOPE OF COVERAGE. This policy, if primary, affords Cover a;e -:.east as broad a,: (1) Insurance Services Office form number GL 0002 (Ed. L "3), Comprehensive',le^.er- Liability Insurance and Insurance Services Of f' -• form number GL 0404 3roadIr comprehensive General Liability endorsement; :. (2) Insurance Services Office Commercial General Liability Coverage, "occurrence form CG 0001 or "claims -made" form CG 0002; or (3) If excess, affords coverage which is at least as broad as the primary insuranc, forms referenced in the preceding sections (1) and (2). 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separateiy t, each insured who is seeking coverage or against whom a claim is made or a suit is irought except with respect to the Company's limit of liability. 3. PROVISIONS '..ARDING THE INSUREDS DUTIES AFTER ACCIDENT OR LOSS. An, failure to �_ j with reporting provisions of the policy shall not affect coverage providec to the City and the Community Redevelopment Agency, its elected or appointed officers officials, employees or volunteers. G. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown in the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: ATTN: Title Department Company Street Address TCltyi_ State-$-_ (2 p �eY_ (Telephone) D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below listec insurance company and by my signature hereon do so bind this company. SIGNATURE OF AUTHOP12ED RE ATIV (origfinal signature required on endorsement furnished to the City) CWANIZATICN: TITLE: ACMESS: TELEPHME: S ) 0 CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE, STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS 1994 WEED AND RUBBISH ABATEMENT PROGRAM • CITY COUNCIL COLLENE CAMPBELL, MAYOR GIL JONES JEFF VASQUEZ CAROLYN NASH GARY L. HAUSDORFER CITY MANAGER GEORGE SCARBOROUGH DIRECTOR OF PUBLIC LANDS & FACILITIES RONALD C. SIEVERS FEBRUARY 1994 11 • 1994 WEED AND RUBBISH ABATEMENT PROGRAM TABLE OF CONTENTS Notice Inviting Bids . . . . . . . . . . . . . . . . . . 1 Instruction to Bidders . . . . . . . . . . . . . . . . . 3 BidProposal . . . . . . . . . . . . . . . . . . . . . . 7 Non -Collusion Affidavit . . . . . . . . . . . . . . . . . 9 Designation of Sub -Contractors . . . . . . . . . . . . . to Statement of Experience . . . . . . . . . . . . . . . . . 11 Statement of Equipment . . . . . . . . . . . . . . . . . 12 Statement of General Information . . . . . . . . . . . . 13 General Provisions . . . . . . . . . . . . . . . . . . . 14 Detail Specifications . . . . . . . . . . . . . . . . . . 19 Contract . . . . . . . . . . . . . . . . . . . . . . . . 21 • • 1994 WEED AND RUBBISH ABATEMENT PROGRAM • NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 22nd day of February. 1994, receive sealed proposals or bids for the 1994 Weed and Rubbish Abatement Proaram in accordance with the approved specifications on file in the Office of the City Clerk of the City of San Juan.Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. A MANDATORY ore -bid conference is scheduled at 1:00 p.m. on the 8th day of February. 1994, at the City Offices. The Contractor • shall have the opportunity of clarification or interpretation of any point or points of question within the specifications and contract documents. It is the Contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or interpretation of the specifications or contract documents presented to the bidders in any manner. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the Prevailing rate of Per diem wages, as determined by the Director of the State Department of • Industrial Relations, are on file in the Office of the City Clerk and shall be made available to any interested party on request. Copies of specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable, is required for obtaining each set of specifications. There will be a $5 charge for postage and handling on all specifications mailed. This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated • Cheryl6aohdton, City Clerk City of San Juan Capistrano Orange County, California • 2 • INSTRUCTION TO BIDDERS Secure Documents Specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids." There will be a MANDATORY Pre -Bid Conference for the purposes of clarification or interpretation of specifications and contract documents. The bidder is required to examine the site of work, the proposal, the Specifications, General Provisions and Detail Specifications very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The specifications for the work cover conditions as they are believed to exist, but it is not to be inferred that all the conditions noted actually exist, nor shall the City or any of its officers or agents be liable for any loss sustained by the Contractor as a result of any variance between conditions indicated in the Specifications and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. • If any bidder should find discrepancies in, or omissions from the specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Director of Public Lands and Facilities for correction, clarification or interpreta- tion of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. In the event that such a request is submitted and it should be found that certain essential information is not clearly and fully set forth, or if it is discovered that errors, omissions, or points require clarification in the specifications or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. Additional questions or inquiries may be addressed to the Depart- ment of Public Lands and Facilities at 714/493-1171, Ext 295. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a Part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued. A signed copy of any 0 addenda issued by the City must accompany the bid documents. In • all cases, a signed acknowledgement copy of all addenda must be provided by the apparent low bidder prior to award of contract. Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated and the signatures of all persons signing shall be in longhand. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. . D. The City will require bidders to furnish a statement of their experience. E. Each bidder shall list their proposed subcontractors on the form accompanying the proposal in accordance with the provisions of the specifications. F. Bids shall be delivered to the Office of the City Clerk, City of San Juan Capistrano, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids." Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor Contractor is required to possess a City Business License. Insurance Prior to beginning work, Contractor shall provide an endorsement to the City establishing that the City has been legally added as an additional insured for the general liability insurance required under this agreement. In addition, Contractor shall maintain at all times during this contract liability and property damage insurance, naming the City and its elected and appointed officials as additional insured, which such policies shall be of an amount not less than $500,000, Combined Single Limit. In addition, • 4 Contractor is required to provide proof of automobile insurance and • workers compensation insurance. Insurance certificates must be in force for the duration of the contract. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving sufficient time before the date thereof to comply with the applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective. Contractor shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. Contractor shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this agreement. Withdrawal of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. • opening of Bid Proposals The City will publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids." Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of sixty (60) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the sixty (60) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids." In determining the responsibility of the bidders, consideration shall be given to the experience, ability, equipment, and ability of the bidders to provide proper insurance coverage. The City, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. No proposal shall be considered binding upon the City until the execution of the contract by the City. The City reserves the right not to execute the contract even after awarding the contract. • 5 The bidder to whom the award is made shall execute a written • contract with the City and furnish the stipulated insurance and other documents as required within fifteen (15) days after the notice of contract. The contract shall be made in the form adopted by the City. If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract for the corporation is duly authorized to do so. Termination City may, without cause, terminate this contract at any time prior to completion by Contractor of any of the services required hereunder. Notice of termination of this contract shall be given in writing to Contractor, and shall be sufficient to complete when same is deposited in the U.S. Mail, first class postage prepaid. In the event this contract is terminated by CITY, Contractor shall be paid the value of services performed by him pursuant to this contract prior to the date of termination thereof, such value to be the total to which he shall have become entitled, as determined by City, less the amount of any payments previously made, but in no • event exceeding the maximum contract amount stated in the Bid Proposal. Workmen and Wages Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids." 0 6 BID PROPOSAL • 1994 WEED AND RUBBISH ABATEMENT COMPANY DATE_ ADDRESS PHONE LOT SIZE IN SO FEET DISCING EDGING* MOWIW( 0 to 7,200 SF $ $ $ 7,201 to 21,780 SF $ $ $ 21,781 to 43,559 SF $ $ $ 1 Acre $ $ $ Over 1 Acre** *Edging of acreage shall be bid per 100 lineal foot. **Parcels with square footage exceeding one acre shall be calculated and charged as one acre, plus a percentage of the amount over one acre, based on the one acre price; i.e. 1.4 acres would be calculated at 1 acre (at the quoted price), plus 40% of the 1 acre price. Parkways - Per 100 SF $ • Hand Labor and Tools - Per 100 SF $ Includes all labor and equipment necessary to clean designated property and dispose of rubbish accumulated. Trash Clean -Up and Disposal per Cubic Yard $ If awarded the contract, we agree to begin work per specifications and to complete per specifications. We further agree to enter into contract within 15 days after notification that the contract has been awarded. This is a valid and binding proposal to do all the work herein bid upon for the prices set forth above. The undersigned hereby declares, as bidder, that the prices, terms or conditions of said bid have not been communicated by the undersigned to any employee or agent of the City of San Juan Capistrano; that the proposal is genuine, and not sham or collusive, nor made in the interest or on behalf of any person not herein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that • 7 the bidder has not in any manner sought by collusion to secure for • himself an advantage over any other bidder. Company Address Phone By — Title Date Are subcontractors to be used on this project? Yes No If yes, please complete the following: Name of Subcontractor Address Type of Work Name of Subcontractor Address Type of work Phone Phone • If more than two subcontractors are to be used, please list additional companies on a separate sheet. All bids must be received by the City prior to the hour indicated on the Notice Inviting Bids or they shall be returned unopened. • 8 NON -COLLUSION AFFIDAVIT (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID) • STATE OF CALIFORNIA County of Orange ss. , being first duly sworn deposes and says that he is of the party making the foregoing bid; that such bid is not made in the interest or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have • a partnership or other financial interest with said bidder in this general business. Dated: ignature: On this, the day of , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose names) instrument, and acknowledged that Witness my hand and official seal. Notary Public in and for said State subscribed to the within executed it. • • DESIGNATION OF SUB -CONTRACTORS Are subcontractors to be used on this project: Yes No If yes, please complete the following: In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the following listed subcontractors in making up his bid, and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the Director of Public Lands and Facilities, and in accordance with the applicable provisions of the specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a subcontractor is not listed will be performed by the undersigned through his forces. If no subcontractors are listed, all insurance will be written in the name of the general contractor only. 1. 2. 3. 4. 5. 6. 7. 8. Item of Work Subcontractor • 10 Address Phone No. Bidder's Name Authorized Signature 11 Cl STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Bidder's Name Company Name 2. 3. Business Address Business Telephone Number 4. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. Contract From to City/Company Supervisor Amount Signature Company • 11 • C� J STATEMENT OF EQUIPMENT THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Bidder's Name Company Name 2. Address 3. Business Telephone Number 4. State below the information for each tractor you have available for work. Type of Equipment Make of Tractor Serial Required You are Offering Model Year Number If your equipment (tractor, disc, or blade) does not comply with the specifications of equipment specified, state wherein your equipment differs so that full consideration can be given to all offers. Remarks: E7 Company • 12 • STATEMENT OF GENERAL INFORMATION 1. Are you the legal owner of all equipment being offered? 2. Do you intend employing subcontractors in any phase of the clearing operation? 3. Do you or any subcontractor you intend to employ have any additional contractual commitments occurring during the term of this contract? If so, please list them. 4. Do you agree to make all equipment offered available for inspection at one location on a mutually established date? If not, please explain. 5. Have you, under your name or any other, • ever had a contract canceled or termi- nated for any reason? If so, please explain. 6. Has any subcontractor that you intend to employ, under his name or any other, ever had a contract canceled or terminated for any reason? If so, please explain. YES NO The above information is true an accurate to the best of my knowledge. Signature Date Name Company THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF YOUR QUOTATION. 0 13 GENERAL PROVISIONS • Prosecution and Progress 1. Time of Beginning and Completion of Work The contractor shall execute the contract and begin work within fifteen (15) days after execution of the contract or as directed by the Enforcement Officer and shall diligently prosecute the same in compliance with dates set forth in the Contract Agreement. 2. Character of Workmen If any subcontractor or person employed by the contractor shall fail or refuse to carry out the directions of the Enforcement Officer or shall appear to the Enforcement Officer to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately on the requisition of the Enforcement Officer, and such person shall not again be employed on the work. All employees shall be legally entitled to work in the State of California. 3. Temporary Suspension of Work The Enforcement Officer shall have the authority to suspend the work wholly, or in part, for such period as he may deem • necessary due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary due to the failure on the part of the contractor to carry out orders given, or to perform the work in accordance with these specifications. The contractor shall immediately comply with the order of the Enforcement Officer to suspend the work wholly or in part. The work shall be resumed when conditions are favorable and methods are corrected, as ordered or approved by the Enforcement Officer. In the event of a suspension of work under any of the conditions above set forth, such suspension of work shall not relieve the contractor of his responsibilities. 4. Progress of Work Cleaning shall proceed in an orderly manner. Wherever possible, lots shall be completely finished prior to workmen proceeding to the next parcel. Any exceptions shall be approved by the Enforcement Officer. 5. Billing Form Contractor shall use the approved billing form and progress • payment form given to him by the City. 14 Control of the Work • 1. Authority of City - The City representative shall decide all questions as to the quality or acceptability of the work performed and to the manner of performance and rate of progress of the work, all questions as to the acceptable fulfillment of the contract on the part of the contractor, and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions and orders which the contractor fails to carry out promptly. 2. Interpretation of Specifications - Should it appear that the work to be done or any matter relative thereof is not sufficiently detailed or explained in these specifications, the contractor shall apply to the City representative or such further explanations as may be necessary and shall conform to them as part of the contract, so far as may be consistent with the original intent. In the event of doubt or question relative to the true meaning, reference shall be made to the City Council, whose decisions thereon shall be final. 3. Inspection - The City representative shall at all times have access to the work during its progress, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of these specifications. Inspection of the work shall not relieve the contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding that such defective work and materials have been previously overlooked by the City representative and accepted or estimated for payment. 4. Eoruipment - The contractor shall provide adequate and suitable equipment to meet the above requirements and, when ordered by the City representative, shall remove unsuitable equipment from the work. Minimum Equipment List: a. One track -type tractor (Caterpillar size D-4 or equal, and being less than ten years old) equipped with the following: 1. A minimum 716" wide disc of pull -type off -set with blades of 26" or larger. 2. Minimum weight of disc shall be two ton. • 15 b. One rubber -tired tractor with the following equipment • available: 1. A skip -load bucket not less that 1/4 cubic yard capacity. 2. A disc. 3. One flail mower with minimum 50 HP. C. One rubbish truck with loading capacity of 20 yards or greater. d. One chain saw. e. One hand -operated mower. f. Transport trailers capable of jack-knifing all public curbs and sidewalks in order to avoid damage to same. (Note: Damage to public property will be paid for by Contractor.) g. Weed eaters and other hand tools. All equipment must have suitable transport and be equipped with an approved spark arrestor, fire extinguisher, and wheel chocks where applicable. All equipment shall be available for inspection within ten (10) • days after bidders have been contacted. Unsatisfactory equipment will be rejected. All equipment shall be maintained in a reasonable mechanical condition and replacement equipment shall be approved by City representative. If such equipment is not replaced, contractor is subject to having his contract annulled and shall be responsible for any difference in fees over and beyond for replacement of his contract. In the event bidder wishes to substitute other equipment for any item specified, such substitution shall be justified to the satisfaction of the City representative. Legal Relations and Responsibility 1. Preservation of Property Due care shall be exercised to avoid injury to street improvements or facilities, utilities facilities, adjacent property, and roadside trees and shrubbery that are not to be removed. If ordered by the Director of Public Lands and Facilities, the contractor shall provide and install suitable safeguards, approved by the Enforcement Officer, to protect such objects from injury or damage. If such objects are injured or damaged by reason of the contractor's operations, they shall be replaced or restored, at the contractor's • 16 expense, to a condition as good as when the contractor entered • upon the work. It shall be the contractor's responsibility to ascertain the existence of any underground improvements or facilities which may be subject to damage by reason of his operations. Full compensation for furnishing all labor, materials, tools and equipment and doing all work involved in protecting property, as above specified, shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be made therefor. 2. Responsibility for Damage The City of San Juan Capistrano and all its officers and employees, including the City Council and the Enforcement Officer, shall not be answerable or accountable in any manner for any loss or damage that may happen due to work or any part thereof; or for any material or equipment used in performing the work; or for injury or damage to any person or persons, either workmen or the public; for damage to adjoining property from any cause whatsoever, during the progress of the work or at any time before final acceptance. The contractor shall indemnify and save harmless the City of • San Juan Capistrano and all its officers and employees, including the City Council and the Enforcement Officer and their duly authorized representatives, from any suits, claims or actions brought by any person or persons for, or on account of, any injuries or damages sustained or arising in the progress of the work or in consequence thereof. The City may retain as much of the money due the contractor as shall be considered necessary, until disposition has been made of such suits or claims for damages as aforesaid. 3. Disposal of Materials Unless otherwise specified in the Special Provisions, the contractor shall make his own arrangements for disposing of materials at adequate disposal sites as approved by the Enforcement Officer. No burning of materials to be disposed of will be permitted within the City of San Juan Capistrano. Unless otherwise provided in the Special Provisions, full compensation for all cost in disposing of materials as above specified shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefor. • 17 4. Acceptance of Work Done • The Enforcement Officer will make inspections and determine that the work has been completed in all respects in accordance with these specifications He will recommend the City formally accept the work, and immediately upon and after such acceptance by the City, the contractor will be relieved of the duty of maintaining and protecting the work as a whole and he will not be required to perform any further work thereon. 5. Personal Liability Neither the City Council, Enforcement Officer, nor any other officer or authorized assistant or agent shall be personally responsible for any liability under the contract. 6. Authority to Enter Private Premises to Abate Nuisances Reference is made to Section 39572 of the California Government Code which makes the following provisions: "The City Engineer (or any other office of the City) may enter upon private property to abate the nuisance." Any contractor with whom a contract has been entered into by the City hereunder, and his assistants, deputies, employees, and agents, are hereby expressly authorized to enter upon • private property for the purpose of abating the nuisance for which the contract was awarded. 0 is • DETAIL SPECIFICATIONS SCOPE OF WORK 1. Work to be Done - Work to be done consists of furnishing all labor, methods of processes, implements, tools, machinery and materials, which are required to identify, list and clean those areas designated by the City representative, and to leave the grounds in a neat condition. If the City representative determines that the contractor has not satisfactorily cleaned any designated areas, he shall cause the payment for the cleaning of such areas to be withheld until such areas are property cleaned. The contractor shall furnish and maintain maps designating exact locations and areas of lots and parcels cleaned. He shall submit to the City reports of completion of work identifying each parcel by O.C. Assessor's Code Number, Book Number, Page Number, and Parcel Number and Situs Address, together with the costs for each parcel according to the unit cost schedules of this agreement. Such reports shall be signed and sworn to by the contractor. All work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the City representative shall certify that the work has been • inspected and was completed to the satisfaction of the city prior to payment by the City. 2. Discina - Lots and parkways shall be disced with an approved double throw disc at a sufficient depth to place weeds under the finished soil surface. Discing shall be performed so as to completely eliminate all standing weeds and shall be to the satisfaction of the City representative. 3. Mowin - When, in the opinion of the City representative, discing is impractical or proves unsatisfactory, weeds shall be cut to within two (2) inches of the finished soil surface with an approved mechanical mower. 4. Rubbish and Tumbleweed Removal - Removal of rubbish and tumbleweeds shall be performed in a workmanlike manner, satisfactory to the City representative. Rubbish to be removed shall be loaded by approved mechanical means. Where, in the opinion of the City representative, mechanical loading is impractical or proves unsatisfactory, the contractor shall load such rubbish manually. The contractor shall remove only such materials designated for removal by the City representative on the job. If the contractor removes undesignated materials, he shall return • 19 such materials to the site from which they were removed, and • no additional compensation will be made therefor. Rubbish shall be disposed of at approved locations. The current disposal charge at the Prima Deschecha Landfill is $22.75 per ton. After removal operations have been completed, the grounds shall be left in a neat and presentable condition, satisfactory to the City representative. 5. Alterations - The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City; also, to make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof, and such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written order of the City representative, contractor shall proceed with the work as increased, decreased or altered. 6. Extra Work - New and unforeseen items of work will be classed as extra work when they cannot be covered by any of the various items or combinations thereof for which there is a bid • price. The contractor shall do such extra work and furnish such materials and equipment therefore as may be required in writing by the city representative, but he shall do no extra work except upon written order and, in the absence of such written order, he shall not be entitled to payment for any extra work. All bids for extra work done shall be filed in writing with the City representative. For such extra work, the contractor shall receive compensation at the prices previously agreed upon in writing. 7. Lot Cleaning - Lots cleaned by discing, edging and/or mowing or a combination of the above, shall be hand cleaned along the edges, slopes, parkway, and/or other areas where machine cleaning is not practical only as directed by the City representative. Lots so located as to be unsuitable for machine cleaning will be hand cleaned only as directed by the City representative. The price for such cleaning will be paid for as hand labor per square foot with a 100 foot minimum. • 20 8. Authorization of Work - Work will not be performed without • prior approval and only as authorized by the City representative. • • 21 • • • 1994 WEED AND RUBBISH ABATEMENT CONTRACT This CONTRACT is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as CITY and , hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. TERM. This agreement shall commence on the day of 1994, and shall remain and continue in effect through December 31, 1994. SECOND. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Contractor's bid proposal, Contract Agreement, Notice Inviting Bids, Instructions to Bidders, Non - Collusion Affidavit, Designation of Subcontractors, Statements of Experience, Equipment and General Information, the General Provisions and Detail Specifications. THIRD. THE WORK. CONTRACTOR shall agree to provide all necessary tools, labor, machinery, material, equipment, transportation, and supplies required to perform and complete in good and workmanlike manner the 1994 Weed and Rubbish Abatement Program per the Contract documents. The CONTRACTOR shall commence work at the time fixed by the City Enforcement Officer and the entire work contemplated hereunder shall be completed by Time is of the essence, and the CONTRACTOR shall be prepared to commence work on ten (10) days written notice from the Enforcement Officer (unless otherwise directed by the City Council) for good cause. FOURTH. PAYMENT. The CONTRACTOR agrees to perform the work set forth in the aforesaid specifications diligently and in a good workmanlike manner, and the CITY agrees to pay for said work after satisfactory completion on the following basis: Fxa JAT SIZE IN SQUARE FEET DISCING EDGING* MOWING • 0 to 7,200 SF 7,201 to 21,780 SF 21,781 to 43,559 SF 1 Acre Over 1 Acre** *Edging of acreage shall be bid per 100 lineal foot. **Parcels with square footage exceeding one acre shall be calcu- lated and charged as one acre, plus a percentage of the amount over one acre, based on the one acre price. • Trash Clean -Up and Disposal Per Cubic Yard $ Parkways - Per 100 SF $ Hand Labor and Tools - Per 100 SF $ (Includes all labor and equipment necessary to clean designated property and dispose of rubbish accumulated.) Payments shall be made at the times and in the manner set forth in the City's Capital Projects/Demand Payment Schedule, attached hereto and made a part hereof. FIFTH. CONTRACT TERMINATION. CITY may, without cause, terminate this Contract at any time prior to completion by CONTRACTOR of any of the services required hereunder. Notice of termination of this contract shall be given in writing to CONTRACTOR, and shall be sufficient to complete when same is deposited in the U.S. Mail, first class postage prepaid. In the event this Contract is terminated by CITY, CONTRACTOR shall be paid the value of services performed by him pursuant to this Contract prior to the date of termination thereof, such value to be the total to which he shall have become entitled, as determined by the CITY, less the amount of any payments previously made to CONTRACTOR, but in no event exceeding the maximum contract amount. SIXTH. GENERAL PROVISIONS. General provisions for the work to be performed are contained herein and are made a part of this agreement by reference. 0 23 SEVENTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to • the Labor Code of the State of California, conies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing wages to all workmen employed in the execution of the contract. EIGHTH. CONTROL OF WORK. The Director of Public Lands and Facilities, or his authorized representatives, shall decide all questions of the work; all questions as to the acceptable fulfillment of the contract on the part of the CONTRACTOR; all questions as to the interpretation of the specifications; and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions. At all times during the term of this Contract, Contractor shall be an independent contractor, and shall not be an employee of the City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this contract; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. • NINTH. INSURANCE. Prior to beginning work, CONTRACTOR shall provide an endorsement to the City (attached hereto) establishing that the City has been legally added as an additional insured for the general liability insurance required under this agreement. In addition, CONTRACTOR shall maintain at all times during this contract liability and property damage insurance, naming the City and its elected and appointed officials as additional insured, which such policies shall be of an amount not less than $500.000 Combined Single Limit. In addition, CONTRACTOR is required to provide proof of automobile insurance and workers compensation insurance. Insurance certificates must be in force for the duration of the contract. Worker's Compensation - If CONTRACTOR employs employees to perform services under this contract, CONTRACTOR shall obtain and maintain, during the life of this contract, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt • 24 requested, giving sufficient time before the date thereof to comply • with the applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this agreement. TENTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or • by any SUB -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. ELEVENTH. NON -DISCLOSURE RE QUIREMENTSICONFLICT OF INTEREST. Pursuant to Council Policy, it has been determined that the services to be rendered under the provisions of this Contract are excluded by the requirement of filing a Financial Disclosure Statement by California Administrative Code Section 18700 (2) (A) and (B). CONTRACTOR certifies that to the best of its knowledge, no CITY/AGENCY employee or office of any public agency interest in this Contract has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would conflict in any manner or degree with the performance of this Contract. CONTRACTOR represents that it presently has no interest and shall not acquire any interest, direct or indirect, which could conflict in any manner or degree with the faithful performance of this Contract. CONTRACTOR is familiar with the provisions of Government Code Section 87100 and • 25 • • following, and it certified that it does not know of any facts which constitute a violation of said provisions. CONTRACTOR will advise the CITY/AGENCY if a conflict arises. TWELFTH. LICENSING REQUIREMENT. CONTRACTOR is required to possess a City Business License. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. DATED: ATTEST: Cheryl Johnson, City Clerk APPROVED AS TO FORM: Richard Denhalter, City Attorney 26 CITY OF SAN JUAN CAPISTRANO BY: Gil Jones, Mayor BY• Contractor CAPITAL PROJECT/DEMANDS • Payment Schedule 1994 11 Completed Invoices Due To Invoices to Admin. Services Date Council Date Department By-11A0a.m. Processed Date Released 12/10/93 12/17/93 12/22/93 01/04/94 01/05/94 01/07/94 01/14/94 01/20/94 02/01/94 02/02/94 02/04/94 02/11/94 02/16/94 03/01/94 03/02/94 03/04/94 03/11/94 03/16/94 04/06/94 04/07/94 04/01/94 04/08/94 04/13/94 05/03/94 05/04/94 05/06/94 05/13/94 05/18/94 06/07/94 06/08/94 06/03/94 06/10/94 06/15/94 07/05/94 07/06/94 07/08/94 07/15/94 07/20/94 08/02/94 08/03/94 . 08/05/94 08112/94 08/19/94 09/06/94 09/07/94 09/09/94 09/16/94 09/22/94 10/04/94 10/05/94 10/07/94 10/14/94 10/20/94 11/01/94 11/02/94 11/11/94 11/18/94 11/23/94 12/06/94 12/07/94 12109/94 12/16/94 12/22/94 01/03/95 01/04/95 11 LIABILITY ENDORSEMENT CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 32400 Paseo Adelanto • San Juan Capistrano, California 92673 ATTN: A. POLICY INFORMATION Endorsement '1 1. Insurance Company Policy Number 2. Policy Term (From) To) ;Endorsement Effective Date 3. Named Insured 4. Address of 'Named Insured S. Limit of Liability Any One Occurrence Aggregate General Liability Aggregate (check one:) Applies "per location/project" Is twice the occurrence limit 6. Deductible or Self -Insured Retention (Nil unless otherwise specified): 5 7. Coverage is equivalent to: Comprehensive General Liability form GL0002 (Ed 1/73) Commercial General Liability "claims -made" form CG0002 8. Bodily Injury and Property Damage Coverage is: • "claims -made" "occurrence" If claims -made, the retroactive date is B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as failOws: 1. INSURED. The City and the Community Redevelopment Agency, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named • Insureds scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officers, officials, employees or volunteers shall'oe in excess of this insurance and shall not contribute with it. (JVER) 3. SCOPE OF COVERAGE. This policy, if primary, affords covet a;e a: least as broaa as: (1) Insurance Services Office form number GL 0002 (:.d. I. 3), Comprehensive �e^ers Liability Insurance and Insurance Services Of f' -- form number GL 0404 5road „x comprehensive General Liability endorsement; :. (2) Insurance Services Office Commercial General Liability Coverage, 'occurrence form CG 0001 or "claims -made" form CG 0002; or (3) If excess, affords coverage which is at least as broad as the primary insuranc, forms referenced in the preceding sections (1) and (2). 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately t. each insured who is seeking coverage or against whom a claim is made or a suit is ')rouaht except with respect to the Company's limit of liability. 3. PROVISIONS ' '.:.ARDING THE INSUREIYS DUTIES AFTER ACCIDENT OR LOSS. Am failure to �_ with reporting provisions of the policy shall not affect coverage provide: to the City and the Community Qedevelopment Agency, its elected or appointed officers officials, employees or volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior writ ter notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown in the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: ATTNz Title Department Company Street Address City tate ZIp ode (Telephone) D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER 1, (print/type name), warrant that I have authority to bind the below listec insurance company and by my signature hereon do so bind this company. CRGANIZATIOV: SIGNATURE OF AUTHORIZED E NAIVE (original signature required on endorsement furnished to the City) TITLE: AOMMS: TELEPH E: ( )