1986-0121_COMMERCIAL LOT CLEANING_Notice of CompletionW
V
W
EXEMPT
877-020830 �_ C16
RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO
AND RETURN TO: GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano
City Clerk's Department /
32400 Paseo Adelanto Mary Ann Hanover, City aerk
San Juan Capistrano, CA 92675 City of Sari Juan Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council
of the City of San Juan Capistrano, California, to Commercial Lot Cleaning, Inc., 2459
N. Lee Avenue, South El Monte, California, 91733, for the performance of the following
work:
1986 WEED ABATEMENT PROGRAM
That said work was completed by said company according to plans and specifications and
to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said
work was accepted by the City Council of the City of San Juan Capistrano, at a regular
meeting thereof held on the 6th day of January, 1987, by Resolution No. 87-1-6-1
That upon said contract, the Merchants Bonding Company (Mutual) was surety for the
bonds given by the said company as required by law.
Dated at San Juan Capistrano, California, this 6th day of January , 1987.
Marf Ann HX over, City Clerk
City of San uan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF SAN JUAN CAPISTRANO )
HEWHOED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-4 00 PM JAN 13 '87
COUNTY
RFMRn
I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City
Council of the City of San Juan Capistrano, California, do hereby certify under penalty
of perjury that the foregoing Notice of Completion is true and correct, and that said
Notice of Completion was duly and regularly ordered to be recorded in the Office of the
Orange County Recorder by said City Council.
Dated at San Juan Capistrano this
c
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14-
6th day of January ,1987.
Mary er, City Clerk
City of San 4uan Capistrano
•
„*y Copy"
AGREEMENT FOR WEED ABATEMENT
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
THIS AGREEMENT made and entered into this 21st day
of January 1986 by and between the CITY OF SAN JUAN
CAPISTRANO, a Municipal Corporation, hereinafter called "CITY",
and Commercial Lot Cleaning, Inc. hereinafter called "CONTRACTOR".
W I T N E S S E T H:
WHEREAS, the City Council of the City of San Juan
Capistrano, pursuant to Section 39650 et seq. of the Government
Code, and Ordinance No. 348, has determined that the City's Weed
Abatement Program can best be accomplished by a private contractor;
and,
WHEREAS, the CONTRACTOR is capable of performing said
work in accordance with his bid proposal submitted herewith; and,
WHEREAS, the specifications upon which said bid was made,
accurately and fully describes the terms and conditions upon which
the CONTRACTOR shall furnish the labor and materials to accomplish
said work.
NOW, THEREFORE, in consideration of the premises and of
the covenants herein contained;
IT IS AGREED BY AND BETWEEN THE PARTIES as follows:
1. The Specifications, filed with the City Clerk, con-
stitute a part of this agreement as if set forth herein with
particularity.
2. The CONTRACTOR agrees to perform the work set forth
in the aforesaid specificiations diligently and in a good workman-
like manner, and the CITY agrees to pay for said work after
satisfactory completions on the following basis:
LOT SIZE
IN SQUARE FEET
DISKING
EDGING*
MOWING
0 to
7,200 sq.ft.
$
28.00
$
6.00
$ 38.00
7,200 to
21,780 sq.ft.
$
32.00
$
6.00
$ 42.00
21,781 to
43,560 sq.ft.
$
35.00
$
6.00
$ 52.00
1 acre and over $ 38.00 $ 6.00 $ 58.00
*Edging of acreage shall be bid per 100 lineal foot
-17-
Irasn cleanu7, and diSpoSa; per cubic garb .` 4.00
Includes dump fees, loadinc ano dumr truck charges.
Parkways - per 100 square feet
6.00
Hand labor and tools - per 100 square feet
Includes ai-' labor and equipment necessary
to clean designated property and dispose of
rubbish. S 13.50
3. The CONTRACTOR shall forfeit as a penalty to the
CITY, twenty-five dollars ($25) for each calendar day, or portion
thereof for each workman paid less than the stipulated prevailing
rates of per diem wages by the CONTRACTOR of any sub -contractor
under him.
4. The CONTRACTOR shall commence work at the time fixed
by the Enforcement Officer and the entire work contemplated here-
under shall be completed by December 1 1486 Time is of the
essence, and CONTRACTOR shall be prepared to commence work on ten
(10) days written notice from the Enforcement Officer, (unless
otherwise directed by the City Council) for good cause.
5. The work contemplated in the bid herein covers an
initial abatement of weeds. Should the Enforcement Officer deter-
mine that a second abatement is required because of the seasonal
occurrence of weeds, CONTRACTOR shall be prepared to commence work
within ten (10) days after written notice from said Officer in
accordance with the terms herein.
6. Insurance. CONTRACTOR shall maintain at all times
during this contract liability and property damage insurance naming
the City and its elected and appointed officials as a named insured
which said policies shall in an amount of not less than $500,000
combined single limit. insurance policies shall bear an endorse-
ment or shall have an attached rider providing that in the event of
expiration or proposed cancellation of such policies for any reason
what -so -ever, the City shall be notified by registered mail, return
receipt requested, giving a sufficient time before the date there-
of to comply with the applicable law or statute, but in no event
less than thirty days before expiration where cancellation is effec-
tive. CONTRACTOR shall provide to City a copy of the policy certi-
ficate establishing that the required level of insurance has been
satisfied.
CONTRACTOR shall indemnify and save harmless the
City, its officers, agents, and employees from and against any and
all claims, demands, loss of liability of any kind or nature which
City, its officers, agents, and employees may sustain or incur or
which may be imposed upon them or any of them for injury to or death
of persons damage to property as a result of, or arising out of,
or in any manner connected with the performance of the obligations
under this agreement.
Te* e_' Contract - The initiaterm of this con-
tract shall be fron. the day anc vear first written tc December,
1986. This contract may be terminated DN either part} by giving
written notice to the Dart-,- thereof on or before November i c-
anv year, commencing with 1980 which said notice shall- terminate
this agreement effective as of midnight cf the last day of December
of such calendar vea:.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their officers thereunto duly_ authorized
and their seals to be hereunto fixed.
ATTEST:
Mary Ann anover, City Clerk
APPROVED AS TO FORM:
Jo r
R. Shaw, City Attorney
CITY OF SAN JUAN CAPI TRANO
Phillip R. Schwartze, a or
CONTRACTOR
COMMERCIAL LOT CLEANING INC.
Name
-19-
7. DENIAL OF CLAIM FOR PERSONAL INJURIES-(T+t0-MAS BUCSKO) (170.70)
As set forth int rt dated January 6, 1987, from the City Attorney, the Claim
for persona injuries, In the amount of $10,000,000, filed on December 12, 1986, by
Attorney Douglas Applegate on behalf of Thomas Bucsko, was denied.
8. COMPLETION OF 1986 WEED ABATEMENT PROGRAM
COMMERCIAL LOT CLEANING, INC. 600.30
As set forth in the report dated January 6, 1987, from the Director of Public Works,
the 1986 Weed Abatement Program was completed.
The following Resolution was adopted:
NO. 87-1-6-
LIVI../ - n [<C..)VLV IMV VF InE ldi 7 I.VUIVI.IL Vr IRE'.II7
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO THE ABATEMENT OF
WEEDS AND OTHER NOXIOUS AND PUBLIC NUISANCES IN
THE CITY OF SAN JUAN CAPISTRANO (COMMERCIAL LOT
CLEANING, INC.)
The Resolution accepted the work as complete in the amount of $29,657.73, and
directed the City Clerk to forward a Notice of Completion to the Orange County
Recorder.
9. CONSTRUCTION AGREEMENT/ASSIGNMENT TO LIMITED PARTNERSHIP -
As set forth in the report dated January 6, 1987, from the City Attorney, the
following Resolution was adopted:
RESOLUTION NO. 87-1-6-2. AP
rnt I raCJ nlr \rn LzE nlnr/oj-00II - n ttEJULU I Iury VP
THE CITY COUNCIL Off/ THE CITY OF SAN JUAN
CAPISTRANO, CALIFOWA, APPROVING ASSIGNMENT OF
CONSTRUCTION AGREEMENT FROM AMINTA N.V., A
NETHERLANDS ANTILLES COMPANY, TO AMINTA LIMITED
PARTNERSHIP,. A CALIFORNIA LIMITED PARTNERSHIP
(PARCEL MAP 83-861)
The City Clerk was directed to forward the "Assignment" document to the County
Recorde '8.Office.
This item was continued to the meeting of January 20, 1987.
-3-
1/6/87
AGENDA ITEM January 6, 1987
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Resolution, Notice of Completion and Final Report - 1986 Weed
Abatement Program (Commercial Lot Cleaning, Inc.)
SITUATION
The City has completed its 1986 Weed Abatement Program. While the majority of the
work was finished in July, final completion notification was delayed until the end of the
year to reflect any additional services which may have been necessary prior to the
termination of the contract.
As a summary, the following work was provided and assessed the individual property
owners through placement of these expenses on the County tax roll.
NOTIFICATION
N/A
COMMISSION/BOARD REVIEW. RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
The total cost of the work done by the weed abatement contractor was $39,657.73. This
amount includes the direct costs for private properties andclean-up work performed on
City properties. A 25% charge for administrative overhead is added to the charges for
the private properties. Reimbursement for the private work is collected through County
tax assessments and transmitted back to the City as they are accumulated. Costs for
clean-up of City properties (approximately $3,000) are budgeted in the Public Works
Maintenance Account.
FOR CITY COUNCIL AGENDA
�,
Item of Work
Disced
Mowed
Other
Lot Size 0-7,200 Sq.Ft.
19
15
Lot Size 7, 200-21, 780 Sq.Ft.
28
42
Lot Size 21, 781-43, 560 Sq.Ft.
27
5
Lot Size One Acre and Over
67
1
Hand Work
363,664 Sq.Ft.
Rubbish
302 Sq.Ft.
Parkway
11,307 Lin.Ft.
NOTIFICATION
N/A
COMMISSION/BOARD REVIEW. RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
The total cost of the work done by the weed abatement contractor was $39,657.73. This
amount includes the direct costs for private properties andclean-up work performed on
City properties. A 25% charge for administrative overhead is added to the charges for
the private properties. Reimbursement for the private work is collected through County
tax assessments and transmitted back to the City as they are accumulated. Costs for
clean-up of City properties (approximately $3,000) are budgeted in the Public Works
Maintenance Account.
FOR CITY COUNCIL AGENDA
�,
AGENDA ITEM • •
January 6, 1987
Page Two
ALTERNATE ACTIONS
Declare work to be completed for the 1986 City Weed Abatement Program.
2. Do not declare the Weed Abatement work to be complete.
I Refer to Staff for additional information.
RECOMMENDATION
By resolution, declare work to be completed for the 1986 City Weed Abatement Program.
Respectfully submitted,
/L^ S - fOQ
W. D. Murphy
WDM/DLB:nb
RESOLUTION NO. 87-1-6-1
10A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO THE ABATEMENT OF WEEDS AND OTHER
NOXIOUS AND PUBLIC NUISANCES IN THE CITY OF SAN JUAN
CAPISTRANO (COMMERCIAL LOT CLEANING, INC.)
WHEREAS, on the 21st day of January, 1986, the City of San Juan Capistrano
entered into a contract with Commercial Lot Cleaning, Inc., for the abatement of weeds
and other noxious and public nuisances in the City of San Juan Capistrano; and,
WHEREAS, the Director of Public Works has evaluated the final quantities and
cost figures and recommends approval.
NOW, THEREFORE, that the City Council of the City of San Juan Capistrano,
does resolve 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
$39,657.73.
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 6th day
of January ,1987.
ATTEST:
CITY CLEPC
KENNETH E. FRIESS, MAYOR '
-1-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 87-1-6-1 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 6th day
of January , 1987, by the following vote:
AYES: Councilmen Schwartxe, Bland, and Mayor Friess
NOES: None
ABSENT: Councilmen Hausdorfer and Buchheim
(SEAL)
MARY ANN H V R, CITY CLERK
-2-
0
RECEIVED
MAY B 2 57 pm IR6
CITY CLT-
DFPAR
C r„ 1.
To: Commercial Lot
2459 North Lee
South E1 Monte,
NOTICE TO PROCEED
Cleaning, Inc.
Avenue
California 91733
Project: 1986 City Weed Abatement Program
Amount of Contract: $33,997.66
0 7✓
MEMBERS OF THECITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B. JULIAN
V
You are hereby notified to commence work on the referenced
contract on May 5, 1986, and shall fully complete all of the work
of said contract by December, 1986.
The contract provides for an assessment of the sum of $200.00 as
liquidated damages for each consecutive calendar day after the
above established contract completion date that the work remains
incomplete.
Dated this 30th day of April, 1986.
X�) �2 s
MARY ANN HX CMC
City Clerk
ACCEPTANCE OF NOTICE
Receipt of the foregoing Notice to Proceed is hereby
acknowledged by COMMFrt%Q% Lo-% a\eaninq lAe this (9Th day of
May, 1986.
A sy'� S rJ 0
As per meeting with Cindy Furgeson 5-5-86 work will start
on June 9,1986.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
u
RECEIVED
Fee 3 2 004 '86
CITY CLERK
DEPARTMENT
CITY OF SAN
JUAN
January 27, 1986
Commercial Lot Cleaning, Inc.
2459 North Lee Avenue
South E1 Monte, California 91733
daft
13'� im�vo,�l
muus�m 1461
1776
Re: Award of Contract - 1986 City Weed Abatement Program
Gentlemen:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B. JULIAN
The City Council of the City of San Juan Capistrano at its regular meeting
held January 21, 1986, awarded the contract for the 1986 City Weed Abatement
Program to your company at $33,997.66.
Enclosed is your executed copy of the Contract. Please return an acknowledged
copy of this Notice of Award to this office along with all required bonds and
insurance within 15 days. If you fail to furnish said bonds and certificates
of insurance within 15 days from the date of this Notice, the City will be
entitled to consider all your rights arising out of the City's acceptance of
your bid to be abandoned and as a forfeiture of your Bid Bond. The City will
be entitled to such other rights as may be granted by law.
I am enclosing page 2 of the bid documents which cites the City's requirements
for bond amounts. Please note the City's requirements regarding insurance
amounts listed as Item No. 6 of the contract document. The City is also to be
named as an additional insured pursuant to the Standard Specifications for
Public Works Construction. These requirements must be met as stated before
the contract is effective.
If I can be of any help to you, please do not hesitate to call
your cooperation.
Very truly yours�n�'�pp__
MARY ANN OVER, CMC
City Clerk
MAH/mac
Enclosures
cc: Director of Public Works
Director of Administrative Services
Receipt of the foregoing Notice of Award is hereby
By
this ?9 m day of1986.
/Jupp�,
'Bonds were- rnatiNed prior kO his Aske-
Ami •
CInriq
Ferquaon .
Thank you for
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
0 '
Ab(O' A 6
AWARD OF BID - 1986 MEED ABATEMENT PROGRAM (406.481610.1)
WX-Itten. Communications:
Report dated January 21, 1986, from the Director of Public
Works, forwarding results of bids received for the 1986 Weed
Abatement Program. Expenditures for the Program, including
contractual work, City administration, and inspection were
estimated at 540,000; costs are recouped through assessments
on than tax rolls.
Award of Bid.
Itwa �sd. by Councilman Buchheiz, seconded by Councilman
Bland, and unanimously carried to award the contract for the
1986: City Weed Abatement Program to Commercial Lot Cleaning
of South E1 Monte, is the amount of $33,997.66. The Mayor
and City Clerk were authorized to execute the contract on
behalf of the City.
0 0
AGENDA ITEM
TO: Stephen B. Julian, City Manager
January 21, 1986
FROM: William D. Murphy, Director of Public Works
SUBJECT: Award of Contract - 1986 City Weed Abatement Program
SITUATION
Proposals for the 1986 City Weed Abatement Program were
solicited with the results as follows:
Apple's Tractor Service $44,025.36
Commercial Lot Cleaning $33,998.16
Lambaren Contractors Inc. $55,906.80
It is the intent of this program to alert property owners of
potential nuisances and hazards on their premises and to
request removal/abatement of such conditions. Written
notification is provided in advance to allow property -owners
adequate time to perform their own work, contact the City for
additional information, or protest the determination of a
potential nuisance. The work to be performed by the City
contractor is then scheduled and monitored by the field
inspector to assure that appropriate abatement techniques
are utilized. The cost for this work is then assessed the
owner of the property.
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
Expenditures for the Weed Abatement Program including
contractual work, City administration and inspection is
recouped through the assessment of these costs on the parcel
requiring the work. A list of the properties and their
charges are submitted to the County of Orange Tax Assessor
and are then placed on the tax rolls for the upcoming year.
The estimate for this program is about $40,000. The low
bid approximates $34,000.00. This contractor has worked
for the City previously and has done a satisfactory job. A
breakdown of the bid items is attached.
ALTERNATE ACTIONS
1. Award the contract for the 1986 City Weed Abatement
Program to Commercial Lot Cleaning for $33,997.66 for
the prices indicated in their proposal. '
0
0
1986 Weed Abatement -2- January 21, 1986
2. Do not award the contract for the Weed Abatement Program.
3. Refer back to staff for additional information.
RECOMMENDATION
By motion award the contract for the 1986 City Weed Abatement
Program to Commercial Lot Cleaning for $33,997.66 for the
prices indicated in their proposal.
-------------------------------------------------------------
-------------------------------------------------------------
Respectfully submitted,
L -J, J /3 �
W. D. Murphy
WDM:CSF/kd
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That Commercial Lot Cleaning Inc.
as Principal, hereinafter called CONTRACTOR, and Merchants
Bonding company , as Surety, hereinafter called SURETY,
are held and firmly bound unto the City of San Juan Capistrano, as
Obligee, hereinafter called CITY, in the amount of 15,000.00
(Fifteen Thousand Dollars) Dollars for payment whereof
Contractor and Surety bind themselves, their heirs, executors,
administrators, successors, and assigns, jointly and severally,
fairly by these presents.
WHEREAS, Contractor has by written agreement dated 1/15/85
entered into a (describe agreemeat).
Weed Abatement - Various Lots
which contract is by reference made a part hereof
NOW, THEREFORE, the condition of this obligation is such that,
if Principal shall promptly and faithfully perform said agreement,
then this obligation shall be null and void; otherwise it shall
remain in full force and effect. Surety waives whatever legal right
it may have to require that a demand be made first against the
principal in the event of default.
BE IT FURTHER RESOLVED, that:
1. As a part of the obligation secured hereby, and in addition
to the face amount specified, there shall be included costs and
reasonable expenses and fees, including reasonable attorney's fees,
incurred by City in successfully enforcing such obligation, all to
CERTIFICATE OF ACKNOWLEDGMENT _ SURETY
STATE OF CALIFORNIA
COUNTY OF San Diego } ss.
On this 22ndy Januar86
of
Notary Public in and for the said rnun y , 19 , before me a
ty, personally appeared Gary L. Timmons
personally known to be (or proved to me by satisfactory evidence) to be the person who executed the
within instrument as Attorney -in -Fact of Surety therein named and acknowledged to me that the Surety
executed it
SEAL
he taxed as costs and included in any judgment rendered.
2. Said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or modifi-
cation of the contract documents or.of the work to be.performed
thereunder, shall in any way affect its obligations or this bond,
and it does hereby waive notice of any such change, extension of
time, alterations, or modifications of the contract documents or
of work to be performed thereunder.
Executed this 22nd day of January 3.9 86 ,
at San Diego . California.
PRINCIPAL
C' 0Mrrn�eerc%cL% '-ol beaninq int
APPROVED AS TO FORM. - (NOTARIZATION AND SEAL)
SURETY
Gary L. T mmons, Attorney In Fact
(NOTARIZATION AND SEAL)
Merchants Bonding Company (Mutual)
Premium Included,
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City of San Juan Capistrano, a municipal
corporation of Orange County, California, has awarded to
Commercial Lot Cleaning, Inc. , License No. 232341 , hereinafter
e33.gnat as Pr czp , a contract for Wepd Abs cement — Va rin is Tatc
% and
W MEAS, said Principal is required to furnish a bond in
connection with the said contract providing that if said Principal,
or any of his or its sub -contractors, shall fail to pay for any
materials, provisions, provender or other supplies or teams used
in, upon, for or about the performance of the work contracted to
be done, or for.any work or labor done thereon of any kind, the
surety or this bond will pay the same.
NOW, THEYMPORE, We Commercial Lot Cleaning, Inc. ,
Principal, and Mutual , as surety are
held firmly ba unto s C ty o San Juaa Cap3.strano, a municipal
Cornoration, in the. penal sum; Of - Ten Thousand DOLLARS
fb-(S ,000.00 money at a Qni State o America, for
payment of which sum welll and troy to be made we bind ourselves,
our heirs, executors, administratd s and successors, jointly and
severally, firmly by these preseat;s.
THE CONDITION Or THIS OBLIGATION is such that, if said
Principal, his or its heirs, executors, administratozs, successors
or assigns, or sub -contractors, shall fail to pay for any materials,
provisions, provender, or teams, or other supplies or equipment
used in, upon, for or about the performance of the work contracted
to be done, or for any work or labor done thereon,of any kind, or
for amounts due -under the unemployment Insurance Act with respect
to such work or labor as required by the provisions of Title 1,
Division 5, Chapter 3 of the Government Code of California as
amended, that the surety will pay for the same in an amount not
exceeding the sum specified in this bond and also in case suit is
brought upon the bond, a reasonable attorney's fee to be fixed
by the court. This bond shall inure to the benefit of any and
all persons, companies and corporations entitled to file claims
under said act, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
FURTHER, the said surety, for value received, hereby
stipulates and agrees that no change, extension of time, altera-
tion or modification the contract documents or of the work to
be performed thereunder shall in any way affect its obligation on
this bond and'it does hereby waive notice of any such change,
extension of time, alteration or modification of the contract
documents or of work to be performed thereunder.
CERTIFICATE OF ACKNOWLEDGMIENT — SURETY
STATE OF CALIFORNIA
COUNTY OF San Diego ss.
On this 22nd day of January , 1986, before me,
Notary Public in and for the said county, personally appeareds"�y L Timmnns
personally known to be (or proved to me by satisfactory evidence) to bethe person who executed the
within instrument as Attorney -in -Fact of Surety therein named and acknowledged to me that the Surety
executed it %
SEALuIIJWAL JtAL
KELLY BARNELL
L%-M1-C:0'nM-I$-sI09
OTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
EXPIM May 1 1987
Notary Public
11 As a part of the obligation secured hereby, and in
addition to the face amount specified therefor, there shall be
included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully
enforcing such obligation, all to be taxed as costs and included
in any judgment rendered.
IN WITNESS WHEREOF three (3) identical counterparts of
this instrument, each of which shall for all purposes be deemed
an original thereof, have been duly executed by the Principal
and surety herein named on the 22nd day ofJanuary 1986
The name and corporate seal of each corporate party being hereto
affixed and these presents duly signed by its undersigned
representatives pursuant to authority of its governing body.
..0 . _•■ � 1 •_ _Ii
,a / �i
_Merchants Bonding Company (Mutual)
_ SURETY
BY—
Gary L Timmons, Attorney In Fact
APPROVED AS TO FORM.
Z%. J114W
Attorney
L&M Page 2
MER*LkNTS BONDING COOPANY
- MUTUAL -
t, DES MOINES, IOWA
POWER OF ATTORNEY
Know All Men Bs These Resents. that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the
laws of the State of Iowa, and having its principal office in the Cin of Des Moines, County of Polk. State of Iowa, hath made. constituted
and appointed. and does by these pescros make. constitute and appoint
Gary L. Timmons
of San Diego and Stale of California its true and lawful Anomes-m-Fact. with lull pow er
and authonty hereby conferred in in name. place and stead. to sign. execute. acknowledge and deliver In ns behalf as sunt)
Any and all bonds and undertakings in its normal course of business
and to binJ the MERCHANTS BONDING COMPAN't IMuluali mcn•hs as lulh and m the same extent as it such bond or undertAni, was
signed b) the dub authored oHicen of the MERCHANTS BONDING C'OMPAN\(Mutualt. and all the acts of said Atwmc). pursuant
to the authonq' herein given. are hcreb) ratified and confirmed
This Power-of-Amomes is made and executed pursuant it, and b) authonn of the followmg B) -Law adopted M the Board of Duction
of the MERCHANTS BONDING COMPANY 1Mutualt
ARTICLE '_. SECTION ?A —"The Cham®n of the Board or President ur am Vice President or Secretan shall hast l*lwel end
authunt) to aprynnt Auamcs %-m-Fact. and to authorize them to execute on be -halt of the Company. and anaeh the Seal Of Inc
Company thcmm, binds and undenukmgs, recogmzansn, contract. of mdemnia and other wrongs obfigemn In the nwum
thereof."
In Nimes, \'hereof. MERCHANTS BONDING C'OLIPAN) (Mumal) has caused these presents to he signed hs its Vice Residents. and
its corporate seal nr b• hereto affixed. this 12th day of January AD.. 1983
Artist MERCHANTS BONDING C•OMPANI itfuwab
STATE OF IONA
COUNTY OF POLK ss
... P..... ,,
On (his 12th da) Of January 1983 before me aplvvr.a
Rodney Bliss III and William W. Warner
no me personal)) known. who being b) me duly swum did say that they are Vice Residents respectivel) of the MERCHANTS BONDING
COMPANY (Mutual). the corporation described in the foregoing instrument. and that the Seal affixed to the said Instrument is the
Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation M euthonls of
its Board of Ducam,
Ip.1Rf ftib% Whereof. 1 have hereunto set m) hand and affixed m' Official Seal. at the Cin of Des Moines. Iowa the da) and )car first
A�e �wl,)y •.
0\14 0, s nn r.e t..s.r, e.....
L= 9-3 -83
1,0`r•.• :4 R b' �• STATE OF IOWA
••• COUNTY OF POLK ss
1, Rodney Bliss III, Vice President
of the MERCHANTS BONDING COMPANY (Mutual). ar herch) cetfif) that the above and fnregoinc is i Imc and
curtest cup) of the POWER OF ATTORNEY. executed b) said MERCHANTS BONDING COMPANY tklut; eu. whLh is
cull in force and effect
In Witness Whereof. I have hereunto set m' hand and affixed the seal of the Compam, at Des M a; , IA
this da) of 19.
22nd January 86
This power of attorney expires upon revocation
BID PROPOSAL
WEED 6 RUBBISH ABATEMENT - 1986
COMPANY Commercial Lot Cleaning, Inc. DATE 11-13-85
ADDRESS 2459 No Lee Avenue South El Monte Calif. 91733
LOT SIZE IN SQUARE FEET _ DISKING EDGING* MOWING
0 to 7,200 sq. ft.
7,201. to 21,780 sq. ft
21,781 to 43,560 sq. ft.
1 acre and over
$ 28.00
$ 32.00
$ 35.00
$ 38.00
$ 5.00
S 6.00
$-6.00
$ 6.00
*Edging of acreage shall be bid per 100 lineal foot.
$ 38.00
$ 42.00
$ 52.00
$ 53.00
Parkways — per 100 square feet $ 4.00
Minimum Charge Der Parkway. 20.00
Hand labo.r and tools — per 100 square foot.
Includes all labor and equipment necessary to
clean designated property and dispose of rubbish
accumulated. $ 6.00
Trash cleanup and disposal per cubic yard $13.50
Minimum Charge per parcel or stop 25.00
If awarded the contract, we agree to begin work per specifications
and to complete per specifications.
We further agree to enter into contract within 15 days and furnish
bonds in the form prescribed by the City.
This is a valid and binding proposal to do all -the work herein bid
upon for the prices set forth above.
-12-
• •
BID PROPOSAL (continued)
WEED S RUBBISH ABATEMENT
The undersigned hereby declares, as bidder, that the prices, terms
or conditions of said bid havenot been communicated by the under-
signed 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 in behalf of any person not herein named, and
that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a sham bid, or any other person, firm or
corporation to refrain from bidding, and that the bidder has not in
any manner sought by collusion to secure for himself an advantage
over any other bidder.
Enclosed is a Certified Check, Cashier's Check or Bidder's Bond in
the sum of $1,500.00.
California State Contractor's License No.: 232341
Company Cornercial Lot Cleaning, Inc. By:
Patti D Bristol
Address: 2459 No Lee Avenue Title: Vice President
South E1 Monte Ca. 91733 Date:
Telephone No.: (818) 444-0535 or (213) 283-2522
11-18-85
Are sub -contractors to be used on this project? Yes No XX_X
If Yes, please complete the following:
Name of sub -contracting -company:
Address: Telephone No.
Type of Work:
Name of sub -contracting company:
Address: Telephone No.
Type of Work:
If more than two sub -contractors 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.
-13-
STATEMENT OF EXPERIENCE
THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS
PART OF YOUR QUOTATION.
1•_ (:ommercial T.ot CTPaning Tnr
Bidder s Name Company Name
2. 2459 No Lee Avenue South El Monte Calif. 91733
Business Address
3. (818) 444-0535
Business Telephone Number
4. Previous
Contracts Completed --
Last Five (5)
Years
Frnm To
.Turisdictinn
Dent. Head
Contract Amount
1985
U -)land
Doc i^lhitfield
15 000+
1984
Alhambra
Chief Ballard
7,000+
1985
Torrance
Rick Ivy
30,000+
1985
Whittier
Don Ramirez
15,000+'
1985
Monterey Park
Erb Cordell
'20,000+
1935
West Covina
Bod Na el
15,000t
1985
Covina
11
lien F]hitina
10 , 000+
1985
Brea
Greg Edmonson
20,000+
1985
L.A. County
;Monroe Polk
50 000+
NOTE: If more than twelve contracts were completed, please attach
additional sheet. r, i
Signed:
Name Patti D Bristol
-14- company
STATEMENT OF EQUIPMENT
THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS
PART OF YOUR QUOTATION.
1
Commercial Lot Cl
adder's Name
Inc.
ompaay name
Z. 2459 No Lee Avenue South E1 Monte Calif. 91733
Business Address
3, (818) 444-0535
Business Telephone Number
4. State below the information for each tractor you have
available for work.
Type of Equipment Make. of Tractor Serial
Reauired You are Offeriaz Model Year Number
Rubber -tired
tractors and
graders
SEE ATTACHED
Caterpillar D-4
or Equal with Disc
and Angle Dozer
Blade
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
February 5, 1987
dam* �
I�i� �� ry Orq AP19
nlau,�lo 1961
1776
MEMBERS OF THE CITY COUNCIL
ANTHONY L -BLAND
LAWRENCE F. BUCH HEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Commercial Lot Cleaning
2459 North Lee Avenue
South El Monte, California 91733
Re: Completion of 1986 Weed Abatement Program (Commercial Lot of 1986 Weed Abatement (Commercial Lot Cleaning Inc.)
Dear Sir:
The City Council of the City of San Juan Capistrano at its regular meeting held
January 6, 1987, adopted Resolution No. 87-1-6-1 accepting the work completed for the
1986 Weed Abatement Program in the amount of $39,657.73.
A copy of Resolution No. 87-1-6-1 is enclosed for your information.
The 10% retention will be payable upon 35 days from recording of the Notice of
Completion. The Notice was recorded on January 13, 1987; therefore, the final payment,
in the amount of $3,591.59 may be released on February 17, 1987.
Thank you for your cooperation.
Very truly yours,
MARY ANNJ4ANOVER, CMC
City Clerk
MAH/mac
Enclosure
cc: Director of Public Works
Director of Administrative Services
Accounts Payable
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171
n
U
MEMORANDUM
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSOORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B. JULIAN
TO: Interested Persons
FROM: Mary Ann Hanover, City Clerk
DATE: January 27, 1986
SUBJECT: Award of Contract - 1986 City Weed Abatement Program
The City Council of the City of San Juan Capistrano at its
regular meeting held January 21, 1986, awarded the contract for
the 1986 City Weed Abatement Program to the low responsible
bidder, Commercial Lot Cleaning, Inc. All other bids were
rejected.
Thank you for your interest in this project. If you have any
questions, please let us know.
MARY ANN ANOVER
MAH/mac
CC: Director of Public Works
Apple's Tractor Service
Lambaren Contractors, Inc.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
:r...
CITY OF SAN JUAN CAPISTRANO
1sn /i71q 'r
ORANGE COUNTY
STATE OF CALIFORNIA sA"I
SPECIFICATIONS
&
CONTRACT DOCUMENTS
WEED &. RUBBISH ABATEMENT — 1986
CITY COUNCIL
PHILLIP R. SCHWARTZE> MAYOR
KENNETH E. FRIESS ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM GARY L. HAUSDORFER
CITY MANAGER
S. B. JULIAN
DIRECTOR OF PUBLIC WORKS
W. D. MURPHY
0 •
NOTICE INVITING BIDS FOR
WEED AND RUBBISH ABATEMENT
CITY OF SAN JUAN CAPISTRANO
1. 'Sealed bids, clearly marked "Bid for Weed and Rubbish Abatement",
will be received at the office of the City Clerk, City Hall,
32400 Paseo Adelanto, San Juan Capistrano, California, until
on , 19 , and will be publicly
opened and read on said day and time. Any bid received after the
scheduled closing time for receipt of bids shall be returned un-
opened.
2. Specifications may be secured at the office of the City Clerk at
City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California
at no charge if picked up; $3.00 if mailed.
3. The work generally includes discing, mowing, removal of rubbish
and tumbleweeds from certain parcels in the City of San Juan
Capistrano.
4. All proposals must be accompanied by one of the following forms
of bidder's security in the sum of $1,500.00:
a. Cash
b. Cashier's or certified check made payable to the City of San
Juan Capistrano, California
C. Bidder's bond executed by an admitted surety insurer, made
payable to the City of San Juan Capistrano, California
A bid shall not be considered unless one of the above forms of
bidder's security is enclosed therewith. The amount of this
security shall be forfeited to the City in the event the success-
ful bidder fails to execute the contract as specified.
5. All proposals filed shall be in the form furnished by the City
and attached hereto.
6. The City Council reserves the right to reject and and all proposals.
7. The successful bidder will be required to furnish payment and
material bond in the amount of $10,000 and a faithful performance
bond in the amount of $15,000.
DATED:
MARY ANN HANOVER, CITY CLERK
CITY OF SAN JUAN CAPISTRANO
NOTE:, A pre-bid conference will be held at
in the City Council Chambers.
-1-
AWA AND EXECUTION OF CONTRA
1. Award of Contract - Award of the contract, if it be awarded,
will be made within forty-five (45) days after the opening of
bids, to the lowest responsible bidder at the discretion of the
City Council.
2. Execution of Contract - The contract shall be signed by the
successful bidder and returned, together with the two (2)
contract bonds and satisfactory evidence of insurance, within
fifteen (15) days after the bidder has received notice that the
contract has been awarded. No proposal shall be considered
binding upon the City until the execution of the contract by
the City. The City reserves the right not to execute the
contract even after the awarding of the contract.
3. Failure to Execute Contract - Failure to execute the contract
and file acceptable bonds and satisfactory evidence of insur-
ance, as provided below, within fifteen (15) days after the bidder
has received notice that the contract has been awarded, shall
be just cause for the annulment of the award and the forfeiture
of the proposal security. If the successful bidder refuses or
fails to execute the contract, the work may then be readvertised
or may be awarded to the second lowest responsible bidder or
may be performed by City forces.
4. Contract Bonds - The successful bidder shall furnish two (2)
good and sufficient bonds. One of said bonds shall be in the
amount of $15,000.00, conditioned for the faithful performance
of the contract. The sureties on such bond shall justify
in duplicate the amount of the bond, over and above all statutory
exemptions.
The other of said bonds shall be in the amount of $10,000.00
which must provide that if the contractor, or his subcontractors,
fail to pay for any of the materials, provisions or other supplies,
or for the use of implements or machinery used in, upon or for
or about the performance of the work contracted to be done, or
for any work or labor thereon, of any kind, that the sureties
will pay for the same in an amount not exceeding the sum
specified in the bond, and also in case suit is brought upon
such bond, a reasonable attorney's fee to be fixed by the court.
Such bond must, by its terms, inure to the benefit of any and
all persons entitled to file claims for labor and materials,
so as to give a right of action to them or their assigns in
any suit brought upon such bond.
The bonds shall provide that all alterations, extensions of
time, extra and additional work, and other changes authorized
by these specifications may be made without securing the consent
of the surety or sureties on the contract bonds and the making
of such changes shall not release the surety on the bonds.
5. Workmen's Compensation Insurance - The contractor shall furnish
satisfactory evidence that he has taken out for the period of
the contract, full compensation insurance with a company
authorized to transact business in this State and such insurance
shall be maintained in full force and effect at his own expense
during the life of the contract.
MM
0 0
SCOPE OF WORK
1. Work to be Done - Work to be done consists of furnishing all
labor, methods or 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 representa-
tive determines that the contractor has not satisfactorily
cleaned any designated areas, he shall cause the payment for
the cleaning of such areas to be withheld until such areas
are properly cleaned.
The contractor shall furnish and maintain maps designating
exact locations and areas of lots and parcels cleaned. He
shall submit to the City, reports of completion of work
identifying each parcel by Orange County Assessor's Code
Number, Book Number, Page Number, and Parcel Number, together
with the costs for each parcel according to the unit cost
schedules of this agreement—Such reports shall be signed and
sworn to by the contractor. All work for which a progress
payment is made shall be reported on and certified according
to the foregoing procedure, and in addition thereto, the City
representative shall certify that the work has been inspected
and was completed to the satisfaction of the City prior to
payment by the City.
After all work covered in the contract has been completed and
prior to final acceptance and payment, the contractor shall
submit a copy of his maps designating the exact location of
work accomplished. Such maps shall certify that the area
designated in the maps have been cleaned by the contractor.
The maps submitted shall become the property of the City and
will be filed to be available for public inspection.
2. Discing - Lots and parkways shall be disced with an approved
double throw disc at a sufficient depth to place weeds under
the finished soil surface. Discing shall be performed in such
a manner as to completely eliminate all standing weeds and shall
be satisfactory to the City representative.
3. Mowing - When in the opinion of the City representative, discing
is impractical or proves unsatisfactory, weeds shall be cut
to within two (2) inches of the finished soil surface with an
approved mechanical mower.
4. Rubbish and Tumbleweed Removal - Removal of rubbish and tumble-
weeds shall be performed in a workman -like manner satisfactory
to the City. representative. Rubbish to be removed shall be
loaded by approved mechanical means. Where, in the opinion of
the City representative, mechanical loading is impractical or
proves unsatisfactory, the contractor shall load said rubbish
manually.
The contractor shall remove only such materials designated
for removal by the City representative on the job. If the
contractor removes undesignated materials, he shall return
such materials to the site from which they were removed, and
no additional compensation will be made therefore.
-3-
• 0
Rubbish shall be disposed of at approved locations. The
current disposal charge at the Prima Deshecha Landfill
is $6.00 per ton.
After removal operations have been completed, the gro.unds
shall be left in a neat and presentable condition satisfac-
tory to the City representative.
5. Alterations - The City reserves the right to increase or de-
crease 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 specifica-
tions, as may be determined during the progress of the work
to be necessary and advisable for the proper completion there-
of, 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
bills for extra work done shall be filled in writing with the
City representative. For such extra work the contractor shall
receive compensation at the prices previously agreed upon in
writing.
7. Lot Cleaning - Lots cleaned by disking, 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 clean-
ing 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 man
hour.
8. Authorization of Work - Work will not be performed without
prior approval and only as authorized by the City Representative.
-4-
•PROPOSAL REQUIREMENTS
1. Proposal Form - Bids shall be submitted upon the proposal form
provided therefore, properly executed with prices stated in
figures. The form must be signed by an authorized representa-
tive of the bidder.
2. Withdrawal of,Bids - Any bidder may withdraw his bid, either
personally or by written request, at any time prior to the
scheduled time for opening of bids.
3. Proposal Security - Each proposal shall be accompanied by one
of the following: cash, cashier's check payable to the City of
San Juan Capistrano, certified check payable to the City of
San Juan Capistrano, or a Bidder's Bond executed by an admitted
surety insurer, made payable to the City of San Juan Capistrano
for an amount not less than $1,500.00.
4. Rejection of Proposal - Proposals containing alterations, addi-
tions not called for, conditional alternative bids, incomplete
bids, or irregularities of any kind may be rejected. The right
to reject any and all proposals is reserved to the City Council
as is the right to waive any irregularities deemed to be in the
best interest of the City.
5. Award of the Contract - The award of the contract, if awarded,
will be to the lowest responsible bidder whose proposal complies
with the requirements herin described. In determining the
responsibility of bidders, consideration shall be given to the
experience, ability and equipment of the bidders. Award or
rejection of all bids will be made within forty-five (45) days
after opening.
6. Examination of Specifications and Site or Work - The bidder
shall examine carefully the Specifications and site or work
contemplated, and it shall be assumed that the bidder has
investigated and is satisfied as to the conditions to be en-
countered, as to the character, quality and quantities of work
to be performed and as to the requirements of these Specifica-
tions. It is mutually agreed that submission of a proposal
shall be considered "conclusive" evidence that the bidder has
made such examination.
7. Designation of Subcontractors - Any subcontractor doing work
. shall be designated on the proposal schedule attached herewith.
8. Disqualification of Bidders - More than one proposal from an
individual, a firm or partnership, a corporation or an associa-
tion under the same or different names will not be considered.
Reasonable ground for believing that any bidder is interested
in more than one proposal for the work contemplated will
cause the rejection of all proposals in which such bidder is
interested.
9. Competency of Bidders - Bidder shall furnish with bid a complete
statement of his financial ability and experience in performing
similar public works projects. (See attached State of Experience)
-5-
0
CONTROL OF THE WORK
0
1. Authority of City - The City representative shall decide all
questions as to the quality or acceptability of the work per-
formed and to the manner of performance and rate of progress
of the work, all questiohs as to the acceptable fulfillment
of the contract on the part of the contractor, and all ques-
cions as to compensation. His decision shall be final and he
shall have authority to enforce and make effective such deci-
sions 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 suffi-
ciently detailed or explained in these specifications, the
contractor shall apply to the City representative for such
further explanations as may be necessary and shall conform to
Chem as part of the contract, so far as may be consistent with
the original intent. In the event of doubt or question rela-
tive 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 mater-
ials and the workmanship are in accordance with the require-
ments 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 not withstanding that such defective work and
materials have been previously overlooked by the City repre-
sentative and accepted or estimated for payment.
4. Equipment - The contractor shall provide adequate and suitable
equipment to meet the above requirements, and, when ordered
by the City representative, shall remove unsuitable equipment
from the work
MINIMUM EQUIPMENT LIST:
a. Two track -type tractors (Caterpillar size D-4 or equal, and
being less than ten years old) equipped with the following:
1. A minimum 7'6" wide disc of pull -type off -set with
blades of twenty-six inches or larger.
2. Minimum weight of disc shall be two ton.
b. One rubber -tired tractor with the following equipment
available:
1. A skip -load bucket not less than ;L cubic yard capacity.
2. A disc.
3. One flail mower with minimum 50 HP
C. Two rubbish trucks with loading capacity of 20 yards or
greater.
0 0
d. One chain saw.
e. One hand -operated mower.
f. Transport trailers capable of jacknifing all public curbs
and sidewalks in order to avoid damage to same.
g. Weed eaters and other hand tools.
All equipment must have suitable transport and be equipped with
an approved spark arrestor, fire extinguisher, and wheel chocks
where applicable.
All equipment shall be available for inspection within ten (10)
days after bidders have been contacted. Unsatisfactory equipment
will be rejected.
In the event bidder wishes to substitute other equipment for any
item specified, such substitution shall be justified to the
satisfaction of the City Representative.
-7-
2
3.
0 9
LEGAL RELATIONS AND RESPONSIBILITY
Preservation of Property
Due care shall be exercised to avoid injury to street
improvements or facilities, utilities facilities,
adjacent property, and roadside trees and shrubbery that
are not to be removed. If ordered by the Director of Public Works,
the Contractor shall provide and install suitable safe-
guards, 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
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.
Responsibility for Dama¢e
The City of San Juan Capistrano and all its officers and
employees including the City Council and the Enforcement Officer
shall not be answerable or accountable in any manner for
any loss or damage that may happen to work or any part
thereof; or for any material or equipment used in performing
the work; or for injury or damage to any person or persons,
either workmen or the public; for damage to adjoining
property from any cause whatsoever, during the progress of
the work or at any time before final acceptance.
The Contractor shall indemnify and save harmless the City of
San Juan Capistrano and all its officers and employees
including the City Council and the Enforcement Officer and
their duly authorized representatives, from any suits, claims
or actions brought by any person or persons for, or on
account of, any injuries or damages sustained or arising in
the progress of the work or in consequence thereof. The City
may retain as much of the money due the Contractor as shall
be considered necessary, until disposition has been made of
such suits or claims for damages as aforesaid.
Disposal of Materials
Unless otherwise specified in
Contractor shall make his own
materials at adequate disposal
Enforcement Officer.
ME
the Special Provisions, the
arrangements for disposing of
sites as approved by the
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.
4. Acceptance of Work Done
The Enforcement Officer will make inspections and determine
that the work has been completed in all respects in accordance
with these Specifications. He will recommend the City formally
accept the work, and immediately upon and after such acceptance
by the City, the Contractor will be relieved of the duty of
maintaining and protecting the work as a whole, and he will
not be required to perform any further work thereon.
5. Personal Liability
Neither the City Council, the Enforcement Officer, nor any
other officer or authorized assistant or agent shall be
personally responsible for any liability under the contract.
6. Authority to Enter Private Premises to Abate Nuisance
Reference is made to Section 39572 of the California Govern-
ment 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 9
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 schedule contained elsewhere in these
specifications.
2. Character of Workmen
If any subcontractor of person employed by the Contractor
shall fail or refuse to carry out the directions of the
Enforcement Officer or shall appear to the Enforcement
Officer to be incompetent or to act in a disorderly or
improper manner, he shall be discharged immediately on the
requisition of the Enforcement Officer, and such person
shall not again be employed on the work. All employees
shall be legally entitled to work in the State of California.
3. Temporary Suspension of Work
The Enforcement Officer shall have the authority to suspend
the work wholly, or in part, for such period as he may deem
necessary due to unsuitable weather or to such other
conditions as are considered unfavorable for the suitable
prosecution of the work, or for such time as he may deem
necessary due to the failure on the part of the Contractor
to carry out orders given, or to perform the work in accord-
ance 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. Liauidated Damages
It is agreed by the parties to the contract that in case all
the work called for under the contract, in all parts and
requirements, is not finished or completed before or upon
the expiration of the time limit set forth in these
Specifications, damage will be sustained by the City, and
that it is and will be impracticable, and extremely difficult,
to ascertain and determine the actual damage which the City
will sustain in the event of and by reason of such delay. It
is therefore agreed that the Contractor will pay to the City
the sum of two hundred dollars ($200.00) per day for each and
every calendar day's delay beyond the time prescribed to
-10-
n
u
complete the work; and the Contractor agrees to pay said
liquidated damages as herein provided, and in case the same
are not paid, agrees that the City may deduct the amount
thereof from any moneys due or that may become due the
Contractor under the contract.
5. 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.
-11-
State License No. 232341
0
COMMERCIAL LOT CLEANING, INC.
2459 North Lee Avenue
So. EI Monte, California 91733
283-2522 - 444-0535
List of equipment available from our company
2 International Harvester TD9 track layer tractors
with 3' disc
2 D4D Caterpillar track layer tractors
with 8' disc
1 D4E Caterpillar track layer tractor
with 8' disc
1 John Deer Tractor with dozer blade
1 11-50 Loader with rock bucket - rubber tire
1 H-50 Loader with 4 in 1 bucket rubber tire
1 175C Loader with 2 yd bucket - track tractor
( 3 tractors above International Harvesters)
2 10 wheeled dump trucks 34-38 yd. capacity
2 Bobtail dump trucks (high side) 32 yd. capacity
3 International tractors with mott hammerknifes mowers
with rubber tire - single mower make 88" cut.
MARGIE L. WARNER
PRESIDENT
1 Extension mower rubber tire - cuts banks upward slope 14' and
downward slope .11'
1 Butterfly mower rubber tire - cuts approx 18'
Misc. Gas Hoes, Blowers, Hand Mowers, Chain Saws,and
assorted hand tools.
STATEMENT OF GENERAL INFORMATION
4. Do you agree to make all equipment offered available for Zg /7
inspection at one location on a mutuaLly—established
date? If not, please explain.
5. Have you under your nama ar-any, other ever had a contract /-7 5
cancelled or terminatQd for -any reason? Lf so, pleas -e
explain.
6. Has any subcontractor that you intend to employ under
his name or any other ever had a contract cancelled or
terminated for any reason? if so, please explain.
The above information is true and accurate to the best of my /knowledge.
Signed:/.�
Date Name %
Company
THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF
YOUR ouo,rATION
Yes
No
1. Are
you the legal owner of
all equipment being offered?
2. Do you
intend employing subcontractors
in any phase of
the
clearing operation?
3. Do you
or any subcontractor
you intend. to employ have
/ 1
any
additional contractual
commitments occurring during
the
term of this contract?
Lf so, please list them.
L A.Cc
um c4 ( ZonL 3a y (A%xmo
bnQ) ►485 AD weed abaien.eni
LAA
0� pl%han,bra lgR5 .&C
4. Do you agree to make all equipment offered available for Zg /7
inspection at one location on a mutuaLly—established
date? If not, please explain.
5. Have you under your nama ar-any, other ever had a contract /-7 5
cancelled or terminatQd for -any reason? Lf so, pleas -e
explain.
6. Has any subcontractor that you intend to employ under
his name or any other ever had a contract cancelled or
terminated for any reason? if so, please explain.
The above information is true and accurate to the best of my /knowledge.
Signed:/.�
Date Name %
Company
THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF
YOUR ouo,rATION
9 0
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we,
, as PRINCIPAL, and
, existing under the laws of the State
of California, and whose principal office is located in the City
of the CITY OF SAN JUAN CAPISTRANO, Orange County, California, in
the sum of DOLLARS ($ ),
lawful money of the Units& States of America to be paid to the said
CITY OF SAN JOAN CAPISTRANO, for which payment well and truly to
be made, we bind ourselves, our heirs, successors, executors,
A dministrators and assigns; jointly and severally, by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas
the Principal has submitted the accompanying bid dated ,
19 , for the construction of
for the City of San Juan Capistrano, Orange County, California.
NOW, THEREFORE, if the Principal shall not withdraw said
bid within thirty (30) days after the opening of same, and shall
within fifteen (15) days after the agreement has been presented to
him for execution enter into a written contract with the City in
accordance with the bid as accepted, and if the Principal shall
give the required bond with good and sufficient sureties, or sureties
for the faithful performance and proper fulfillment of such contract
and for the protection of laborers and materialmen, or in the event
of the withdrawal of said bid within the periods specified, or
the failure to enter into said contract and give said bond within
the time specified, if the Principal shall within sixty (60) days
after request by the City, pay the City the difference between the
amount specified in said bid and the amount for which the City may
procure the required work and/or supplies if the latter amount
be in excess of the former, then the above obligation shall be
void and of no effect, otherwise to remain in full force and virtue.
Further, as a part of the obligation secured hereby, and
in addition to the face amount specified therefor, there shall be
0 0
included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment
rendered.
IN WITNESS WHEREOF, the above -bounden parties have executed
this instrument under their several seals this day of
, 19 , the name and corporate seal of each
corporate party being affixed hereto and these presents duly signed
by its undersigned representative pursuant to authority of its
governing body.
Two Witnesses (if• individual)
PRINCIPAL
ATTEST (if corporation)
Corporate Seal - Z.
ATTEST
Title
AS TO FORM.
a. • .�uow
Attorney
By
Title
By
Title
SURETY
E
To: Commercial Lot
2459 North Lee
South E1 Monte,
NOTICE TO PROCEED
Cleaning, Inc.
Avenue
California 91733
Project: 1986 City Weed Abatement Program
Amount of Contract: $33,997.66
M EMbLHS uF 1 Hl -III COUNCIL.
ANInONY L. BLANU
LAWNLN CL F BUCHHEIM
NEN NEIN L. URIESS
GAHY L HAUSUGHfLII
PHILLIY H SCHWARI'LE
CITY MAN N._L It
STEI'Hr_N B. JULIAN
You are hereby notified to commence work on the referenced
contract on May 5, 1986, and shall fully complete all of the work
of said contract by December, 1986.
The contract provides for an assessment of the sum of $200.00 as
liquidated damages for each consecutive calendar day after the
above established contract completion date that the work remains
incomplete.
Dated thi�s> 30th day of April, 1986.
//�..-lam".
MARY ANN HANOVER, CMC
City Clerk
ACCEPTANCE OF NOTICE
Receipt of the foregoing Notice to Proceed is hereby
acknowledged by this day of
May, 1986.
By:
32400 PAbEO AOLI AN 10 SAN JUAN CAPISTRANO, CALIFUk'IIA b2ti/c • (714) 49b 1171
B
:YI � �I I
tA•A
R X:I-
.G. BUSINESS INSURANCE AGENCY,
. O. BOX 4579
OVINA, CA. 91723
INSURED
OMMERCIAL LOT CLEANING, INC.
459 NORTH LEE AVENUE
OUTH EL MONTE, CA. 91733
Fa
THIS CERTIFICATE IS ISSUED AS A NATTER OF INF( RMIITIOP AND CO IFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS C ERTIFICA;ES NC A'AEND.
EXTEND OR ALTER THE COVERAGI'. AFFORDED BY -HIE POLI - III -1.0v
COMPANIES AFFORDING COVER GIE
COMPANY A MARYLAND CASUALTY INSURANCE CO.
LETTER
COTMPA Y
B FREMONT
INDEMNITY COMPANY
LE
$
PROPE'TY
Y
COMPANY
C
cLETTER
rn
LETTER Y
'_coop
y
COMPANY
E
rq
LETTER
y1�
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEOTO THE INSURED NAMI ED ABOVE FOR AFPOLICY PEND INDICATED.
NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WI'H RESPECT TOrWHICH THIS CE�FJJTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSUFUNCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TER AS, EXCLUSIZAND CONOR
TIONS OF SUCH POLICIES. {�
+ POUCY EFFECTIVE POLICY: XPIRATION L ABILITY LIMITS IN THOUSANDS
TYPE OF INSURANCE POLICY NUMBER DATE DAAVDDA'1y DATE (I WOOYM E <c r. AGGREGATE
___ OCCU�HChCE
GENERAL LIABILITY BODII r
GOMPREEIENSIVE FORM INJUF $ $
SMP 37023607 9/30/85 /30/86 --:T$—
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
PRODUCTSICOMPLFTED OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
AUTOMOBILE LIABILITY
- j ANY AUTO CAM 54520220 9/30/85 /30/136
1 ALL OWNED AUTOS (PRN. PASS.)
�yALI ONNEO AUTOS (PPoVRPASS THAN)
RED AUTOS
ION OWNED
NAUTOS
GARAGE LIABILITY
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
AND SP -85-203302 9/30/85 /30/86
EMPLOYERS' LIABILITY
It RTY
DAMA- E
COMR4EDI$ 1,008, 1,
PEI ISONAL INJURY 1$ 1, 000
BODILY
NXRY $
IPER PER DNI
BODILY
WOO
(PEA ACD EMI
$
PROPE'TY
DAMAGE'
$
BI 8 PC
COMBINED j $ 1, 000
BI & PD
$ $
COMBIA-D
STATU"ORY
2, 00(;H000NT) _
(DISEASE -POLICY LIMIT)
W
IPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS
OPERATIONS OF THE NAMED INSURED — CERTIFICATE HOLDER TO BE NAMED AS
ETIONAL INSURED
CITY OF SAN JUAN CAPISTRANO
BUILDING DEPARTMENT
SAN JUAN CAPISTRANO, CA 92675
ATT: KATHY
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEI
PIRATION DATE THEREOF, THE I;SUING COMPANY WILL
MAIL in DAYS WRITTEN NOTICE 70 THE CERTIFICATE HOLDS
0
MEMORANDUM
TO: File 406.048
FROM: Cathleen A. DuCoing, Records Coordinator
DATE: February 24, 1986
SUBJECT: Sureties from Commercial Lot Cleanina for the
I received the sureties from Commercial Lot Cleaning for the work
they are doing in connection with the 1986 Weed Abatement
Program. Upon calling the Orange County Probate Department
today, I found out that the Attorney -In -Fact listed for Merchants
Bonding Company, was not registered with them. Another gentleman
is, but not Mr. Gutierrez.
Before calling Commercial Lot Cleaning, I checked the Listing of
Surety Companies, dated July 29, 1985, that was approved by John
Shaw, and found that Merchants is not listed. I checked with
John and he suggested that I call the surety company to see if
they used any of the companies on the list. I talked to Patti at
Commercial Lot Cleaning and she suggested that I talk with Midge
[(818) 966-36641 at their insurance company, and I was advised
that the only other surety they use is Am -West, which is also not
on the list. Midge said that they are a small company and only
provide sureties as a favor to their customers.
I tried to call Patti back and she was gone but talked to another
lady there and advised her of the situation. Her feeling was
that no one had given them a list of acceptable sureties and they
have already paid their premium for these sureties. I told her
that we would work on this and call her back.
I checked the specifications and the surety list was not
included. I have mentioned this situation to Mr. Murphy and he
said that the project would not start until around May, and for
me to talk to Cindy when she returns to work.
cc: Cindy Ferguson
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