18-0101_BONANZA STEAM CLEANING_Maintenance Services AgreementCITY OF SA¡{ JUAN CAPISTRANO
MAINTENAI{CE SERVICE,S AGREEMENT
1. PenursANDDATE.
This Agreement is made and entered into this lst day of January,2018 by and between
the City of San Juan Capistrano, a municipal coqporation organized under the laws of the State of
Califomia with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano,
Califomia 92675 ('City") and Bonanza Steam Cleaning, a Califomia Corporation with its
principal place of business at 31191 Via Cristal, San Juan Capistrano, CA.92675 ('Contractor").
City and Contractor are sometimes individually refened to as "Party" and collectively aso'Parties" in this Agreement.
2.Rncrmls.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this
Agreement. Contractor represents that it is experienced in providing Graffiti Removal
Maintenance Services to public clients, that it and its employees or subcontractors have all
necessary licenses and permits to perform the Services in the State of California, and that is
familiar with the plans of City. Contractor shall not subcontract any portion of the work required
by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the Graffiti Removal
Maintenance Services project ("Project") as set forth in this Agreement.
3. Tnnnrs.
3.1 Scope of ServÍces and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Graffiti Removal Maintenance
Services necessary for the Project ('Services"). The Services are more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject
to, and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
6 l 147.02100\128888 15, I MSA page I
3.1.2 Term. The term of this Agreement shall be from January l, 2018 to
December 31,2020, unless earlier terminated as provided herein. Contractor shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if
necessary to complete the Services.
3.2 ResponsibilitiesofContractor.
3.2.1 Control and Payment of Subordinates: Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Contractor shall also not be employees of City and shall at all times be under
Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Contractor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
tax withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "8" attached hereto and incorporatcd herein by reference.
Contractor represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Contractor's conformance
with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon
request of City, Contractor shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirçmeuts. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates Director of Public
Works and Utilities, or his or her designee, to act as its representative for the performance of this
Agreement ("City's Representative"). City's Representative shall have the power to act on
behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or
orders from any person other than the City's Representative or his or her designee.
3.2.5 Contractor's Representalive. Contractor hereby designates Mark
Hoogstraten, or his or her designee, to act as its representative for the performance of this
Agreement ('Contractor's Representative"). Contractor's Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
6 I I 47.02 I 00\1 28888 I 5. I MSA page 2
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staft consultants and other
staff at all reasonable times.
3.2.7 Standard of Care: Peformance of Emplo.vees. Contractor shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Contractor represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Contractor represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Contractor shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct effors or omissions which are
caused by the Contractor's failure to comply with the standard of care provided for herein. Any
employee of the Contractor or its sub-contractors who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
("Performance Time"). Contractor shall perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits "4" or "B" attachsd hereto, or
which may be provided separately in writing to the Contractor. Contractor agrees that if the
Services are not completed within the aforementioned Performance Time and/or pursuant to any
such completion schedule or Project milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Pursuant to Govemment Code Section 53069.85, Contractor shall pay to the City as fixed and
liquidated damages, and not as a penalty, the sum of TWO HLINDRED FIFTY DOLLARS
($250.00) per day for each and every calendar day of delay beyond the Performance Time or
beyond any completion schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of this Agreement,
Contractor shall continue to perform the Work while said disputc is decided by the City. If
Contractor disputes the City's decision, Contractor shall have such remedies as may be provided
by law.
3.2.10 Laws and Regul4tions: Ëmployee/Labor Ce*ifications. Contractor shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
CallOSHA requirements, and shall give all notices required by law. Contractor shall be liable
6l 147.02100\128888 r5.l MSA page 3
for all violations of such laws and regulations in connection with Services. [f the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. City is a public entity of the State of Califomia subject to certain provisions of the
Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It
is stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein and will
be complied with. These include but are not limited to the pâyment of prevailing wages, the
stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall
be permitted to work in excess of eight (8) hours during any one calendar day except as
permitted by law. Contractor shall defend, indemniff and hold City, its officials, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.10.1 Employment Ëligibilitv: Contractor. By executing this
Agreement, Contractor verifies that it fully complies with all requirements and restrictions of
state ¿nd federal law respecting the employment of undocumented aliens, including, but not
limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time. Such requirements and restrictions include, but are not limited to, examination and
retention of documentation confirming the identity and immigration status of each employee of
the Contractor. Contractor also verifies that it has not committed a violation of any such law
within the five (5) years immediately preceding the date of execution of this Agreement, and
shall not violate any such law at any time during the term of the Agreement. Contractor shall
avoid any violation of any such law during the term of this Agreement by participating in an
electronic verification of work authorization program operated by the United States Department
of Homeland Security, by participating in an equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly
hired employees, or by some other legally acceptable method. Contractor shall maintain records
of each such verification, and shall make them available to the City or its representatives for
inspection and copy at any time during normal business hours. The City shall not be responsible
for any costs or expenses related to Contractor's compliance with the requirements provided for
in Section 3.2.10 or any of its sub-sections.
3.2.10-2 Emolovment Elisibilitv: Subcontractors. Sub-
subcontractors and Consultants. To the same extent and under the same conditions as
Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants
performing any work relating to the Project or this Agreement to make the same verifications
and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.rc3 Emplc¡yment Elieibilitv: Failure to Comply. Each person
executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer
of Contractor, and understands that any of the following shall be grounds for the Cþ to
terminate the Agreement for cause: (l) failure of Contractor or its subcontractors, sub-
subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1
or 3.2.1A.2; (2) any misrepresentation or material omission concerning compliance with such
requirements (including in those verifications provided to the Contractor under Section 3.2.10.2);
6 I I 47.02 100\128888 I 5. I MSA page 4
or (3) failure to immediately remove from the Project any person found not to be in compliance
with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers' Compensation or to undertake
selÊinsurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.1A.5 Equal Opportr¡nilv Emplovment. Contractor represents that
it is an equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initialemployment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination.
3.2.10.6 Air Ouality. Contractor must fully comply with
all applicable laws, rules and regulations in furnishing or using equipment andlor providing
services, including, but not limited to, emissions limits and permitting requirements imposed by
the California Air Resources Board (CARB). Contractor shall specifically be aware of the
CARB limits and requirements' application to "portable equipment", which definition is
considered by CARB to include any item of equipment with a fuel-powered engine. Contractor
shall indemnify City against any fines or penalties imposed by CARB or any other governmental
or regulatory agency for violations of applicable laws, rules andlor regulations by Contractor, its
subcontractors, or others for whom Contractor is responsible under its indemnity obligations
provided for in this Agreement.
3.2.10.7 rWater Qualitv.
(A) Management and Compliance. To the extent applicable,
Contractor's Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. $$ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code $$ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City's ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground
or surface water in the state.
(B) Liability fgr Non-Compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall
defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free
and harmless, pursuant to the indemnification provisions of this Agreement, from and against
any and all fines, penalties, claims or other regulatory requirements imposed as a result of
Contractor's non-compliance with the laws, regulations and policies described in this Section,
6 I 147.02t 00\128888 l5. t MSA page 5
unless such non-compl¡ânce is the result of the sole established negligence, willful misconduct or
active negligence of the City, its officials, o{Iìcers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perfiorm the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
this Section. Contractor further warants that it, its employees and subcontractors will receive
adequate training, as determined by City, regarding the requirements of the laws, regulations and
policies described in this Section as they may relate to the Services provided under this
Agreement. Upon request, City will provide Contractor with a list of training programs that
meet the requirements of this paragraph.
3.2.1 I Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this Section. In addition, Contractor shall not allow any
subconü'actor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this Section,
3.2.11.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Contractor, its ¿gents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels ofcoverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (l) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code I (any auto);
and (3) Workers' Compensatian and Employer's Liability: Workers' Compensation insurance as
required by the State of Califomia and Employer's Liability Insurance. The policy shall not
contain any exclusion contrary to the Agreement, including but not limited to endorsements or
provisions limiting coverage for (l) contractual liability (including but not limited to ISO CG 24
26 or 2129); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (l) General Liability: $2,000,000.00 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other form
with general aggregate limit is used including, but not limited to, form CG 2503, either the
general aggregate limit shall apply separately to this Agreemenllocation or the general aggregate
lim¡t shall be twice the required occurienc€ limit; (2) Automobile Liability: $2,000,000.00 per
accident for bodily injury and property damage; and (3) Workers' Compensotion and Employer's
Líability: Workers' Compensation limits as required by the Labor Code of the State of
6l t47.02100\12888815.1 MSA page 6
Califomia. Employer's Liability limits of $1,000,000.00 per accident for bodily injury or
disease. Defense costs shall be paid in addition to the limits.
(C) Nstices: Çancgllation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is
cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City evidence of insurance
showing that the required insurance has been reinstated or has been provided through another
insurance company or companies. In the event any policy of insurance required under this
Agreement does not comply with these specifrcations or is canceled and not replaced, the City
has the right but not the duty to obtain the insurance it deems necessary and any premium paid
by the City will be promptly reimbursed by Contractor or the City may withhold amounts
sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or
terminate this Agreement.
(D) Additjgnal Insured. The City of San Juan Capistrano, its
officials, offtcers, employees, agents, and volunteers shall be named as additional insureds on
Contractor's and its subcontractors' policies of commcrcial general liability and automobile
liability insurance using the endorsements and forms specified herein or exact equivalents.
3.2.11,3 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Contractor shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include
or be endorsed (amended) to state that: (1) using ISO CG forms 20 l0 and 20 37, or
endorsements providing the exact same coverage, the City of San Juan Capistrano, its officials,
officers, employees, agents, and volunteers shall be covered as additional insured with respect to
the Services or ongoing and complete operations performed by or on behalf of the Contractor,
including materials, parts or equipment fumished in connection with such work; and (2) using
ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage
shall be primary insurance as respects the City, its officials, officers, employees, agents, and
volunteers, or ifexcess, shall stand in an unbroken chain ofcoverage excess ofthe Contractor's
scheduled underlying coverage. Any excess insurance sh¿ll contain a provision that such
coverage shall also apply on a primary and noncontributory basis for the benefit of the City,
before the City's own primary insurance or self-insurance shall be called upon to protect it as a
named insured. Any insurance or self-insurance maintained by the City, its offìcials, offîcers,
employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be
called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in
Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits
of coverage shall be available to the parties required to be named as additional insureds pursuant
to this Section 3.2.1L3(A).
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (l) the City, its oflicials, officers, employees,
agents, and volunteers shall be covered as additional insureds with respect to the ownership,
ó I r47.02r00\12888815.1 MSA page 7
oporation, maintenanæ, use, loading or unloading of any auto owned, leased, hired or borrowed
by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall
be primary insurance as respects the City, its offìcials, officers, employees, agents, and
volunteers, or ifexcess, shall stand in an unbroken chain ofcoverage excess ofthe Contractor's
scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its
officials, officers, employees, agents, and volunteers shall be excess of the Contractor's
insurance and shall not be called upon to contribute with it in any way. Notwithstanding the
mínimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of
the specified minimum limits of coverage shall be available to the parties required to be named
as additional insureds pursuant to this Section 3.2.1 1.3(B).
(C) Workers' Compensation and Employer's Liability
Coveraqe. The insurer shall agree to waive all rights of subrogation against the City, its officials,
officers, employees, agents, and volunteers for losses paid under the terms of the insurance
policy which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written
notice by certified mail, retum receipt requested, has been given to the City; and (B) any failure
to comply with reporting or other provisions of the policics, including breaches of warranties,
shall not affect coverage provided to the City, its officials, officers, employees, agents, and
volunteers. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officials, officers,
employees, agents and volunteers, or any other additional insureds.
3.2.11.4 Separation of lnsureds: No Special Limitations: Waiver of
Subrogation. All insurance required by this Section shall contaín standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its officials, officers, employees, agents, and volunteers. All
policies shall waive any right of subrogation of the insurer against the City, its offTcials, officersn
employees, agents, and volunteers, or any other additional insureds, or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, its officials, officers, employees, agents, and volunteers, or any other additional
insureds, and shall require similar written express waivers and insurance clauses from each of its
subcontractors.
3.2.11.5 Deductibles and Self-lnsurance Retentions. Any
deductiblss or self-insured retentions must be declared to and approved by the City. Contractor
shall guarantee that, at the option of the City, either: (l) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officials, officers, employees,
agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses
and related investigation costs, claims and administrative and defense expenses.
3.2.11.6 Subcontractor lnsurance Requirements. Contractor shall
not allow any subcontractors to commence work on any subcontract relating to the work under
6 l r47.02r 00\ r 28888 15. I MSA page 8
the Agreement until they have provided evidence satisfactory to the City that they have secured
all insurance required under this Section. If requested by Contractor, the City may approve
different scopas or minimum limits of insurance for particular subcontractors. The Contractor
and the City shall be named as additional insureds on all subcontractors' policies of Commercial
General Liability using ISO form 20 38, or coverage at least as broad.
3.2-11.7 Acceptability of Insursrs. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VlIl, licensed to do business in
Califomia, and satisfactory to the City.
3.2.11.8 Verification of Coveragg. Contractor shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and sháll be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11.9 Reporting of Claims. Contractor shall report to the City, in
addition to Contractor's insurer, any and all insurance claims submitted by Contractor in
connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. ln canying out its Services, the Contractor shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions forthe safety ofemployees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confìned space procedures, henching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 IRESER\ED]
3.2.14 Accounting Records.. Conhactor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during normal
business hours to examinen audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Contractor shall allow inspection of all work,
data, documents, proceedings, and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
6l 147.02100\12888815. l MSA page 9
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation
shall not exceed UNIT PRICES NOTED IN EXHIBIT "C'? AND NOT TO EXCEED THE
AGGREGRATE AVAILABLE FUNDINC AMOTINT IN THE OPERATING AND CAPITAL
IMPROVEMENT BUDGET and without written approval of City's Director of Public Works
and Utilities. Extra Work may be authorized, as described below, and if authorized, will be
compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of ComBensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided since the
ini¡ial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra rvVsrk. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, 'oExtrâ Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement"
Contractor shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.3.5 Prevailing TVaees. Contractor is aware of the requirements of Califomia
Labor Code Section 1720, et seq., and 177A, et ry., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of
prevailing wage rates and the performance of other requirements on "public works" and
"maintenance" projects. Since the Services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage
Laws. City shalt provide Contractor with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Agreement. Contractor shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the Contractor's
principal place of business and at the project site. Contractor shall defend, indemnify and hold
the City, its officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6 Reqistratio¡. Since the Services are being performed as part of an
applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections
1725.5 and l77l.l, the Contractor and all subcontractors must be registered with the Department
of Industrial Relations. Contractor shall maintain registration for the duration of the Project and
ór 147.02r00\128888I5 I MSA page l0
require the same of any subcontractor. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's
sole responsibility to comply with all applicable registration and labor compliance requirements.
See Exhibit D "Certificate of Compliance".
3.4 Termination of Agreement.
3.4.1 Grounds for Terminatiog. City may" by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving
written notice to Contractor of such termination, and spe cifying the effective date thereof, at least
seven (7) days before the effective date of such termination. Upon termination, Contractor shall
be compensated only for those services which have been adequately rendered to City, and
Contractor shall be entitled to no further compensation. Contractor may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Contractor in connection with the performance of Services
under this Agreement. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole
or in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Contractor:
Bonanza Steam Cleaning Inc.
31191 Via Cristal
San Juan Capistrano, CA.92675
City:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA92675
Attn: Director of Public V/orks and Utilities
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
6 | 147.02 t00\128888 t5.1 MSA page I I
3.5.2 Indemnifìcation.
3.5.2.1Scope of Indemnit)¡. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers and agents free and harmless from any and all claims,. demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
alleged acts, enors or omissions cf Contractor, its offìcials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Contractor's Services, the
Project or this Agreement, including without limitation the payment of all consequential
damages, expert witness fees and attorneys' fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Contractor.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
Counsel of City's choosing and at Contractor's own Çost, expense and risk, any and all claims,
suits, actions or other proceedings of every kind covered by Section 3.5.2.1that may be brought
or instituted against City or its officials, officers, employees, volunteers and agents. Contractor
shall pay and satisfy any judgment, award or decree that may be rendered against City or its
officials, officers, employees, volunteers and agents as part of any such claim, suit, action or
other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by
City or its officials, officers, employees, agents or volunteers as part of any such claim, suit,
action or other proceeding. Such reimbursement shall include payment for City's attorneys' fees
and costs, including expert witness fees. Contractor shall reimburse City and its officials,
officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor's obligation to indemnify shall survive expiration or termination of this Agreement,
and shall not be restricted to insurance proceeds, if any, received by the City, its offìcials
officers, employees, agents, or volunteers.
3.5.3 Coverninq Law: Covemmcnt Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Orange County,
California. In addition to any and all contract requirements pertaining to notices of and requests
for compensation or payment for extra work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims,
and/or changed conditions have been followed by Contractor. If no such Government Code
claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as
specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against
the City.
6l 147.02 100\128888 l 5. r MSA page 12
3.5.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.5 City's Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns ofthe parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.8 Construction: References: Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise speoified in this Agreement. All references to
City include its officialso officers, employees, agents, and volunte€rs except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content or intent of this Agreement.
3.5.9 Amendment: Modification. No supplement, modification or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity: Severabilitv. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor wârrânts that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, âny fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Contractor fu*hcr
61 147.02 100\12888815" I MSA page 13
agrees to file, or shall cause its cmployees or subcontractors to file, a Statement of Economic
Interest with the City's Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For thc term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation: Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Attornevs' Fees and Costs. If any action in law or equity, including an
action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement,
the prevailing Party shall be entitled to recover from the losing party attorney's fees and costs in
an amount determined to be reasonable by a court of competent jurisdiction.
3.5.16 Authority to Enter Agreement. Conhactor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.17 Counterpârts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.18 Entire Aqreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.s.19 IRESERVEDI
[srGNATrrRES ON NEXT PAGEI
6t t47.02 t00\128888 rs. l MSA page 14
'¿-
SIGNATI'RE PAGE FOR MAINTENANCE SERVICES AGRDEMENT
BETlryDEN THE CITY OT'SAN JUAN CA.PISTRANO
AND BONÁNZA STEAM CLEATìIING,INC.
IN WITNESS \Á/HEREOF, the Parties lnve entered into this Agreement as of the lst day
ofJanuary,20l8.
CITY OF SAT{BONANZA STEAiI CLEAilING, INC.
Approved By:
,&ø¿-'/Æ-***
Signature
l2-' 7- /7 Name
Date
.z-2r"¿-¿¡¿¿ r
Title
,/l- :z 7- ./'7
Apprcved As To
DateIty
I 6l ¡4?.&¿100\303t4108, I
MSApage 15
ATTACHMENT 1
EXHIBIT *A"
Scope of Services
General
a) \üork will normally be performed between the hours of 7:00 AM and 5:30 PM, Monday
through Friday- During emergencies or as otherwise required by the Director of Public
Works and Utilities (herein after Director), work may also be required during other than
normal hours. The Contractor must receive the approval of the Director or authorized
representative,4ûg!.to commencing any work, in all cases.
b) Contractor shall maintain an adequate crew of employees to perform all required
services.
c) Unit prices quoted shall include all required material, labor and safety equipment. Traffic
control may be required on some sites, and shall be included in quoted prices.
d) Unit prices for after-hours or emergency work shall be for actual time spent on the job
site. No traveltime will be paid.
e) Contractor shall protect any and all private property adjacent to work areas. Any damage
to private property resulting directly or indirectly from Contractor's actions shall be the
responsibility of the Conhactor.
Ð All employees of Contractor shall wear a uniform or shirt that clearly identifres the
company.
g) Contractor must be able to provide a list of employee's names, dates worked and hours
worked on each date, for each project or job, if requested by the City.
h) Contractor agrees to require his/her employees to present a neat appearance at all times
while engaged in the performance of their duties and maintain good bearing and
deportment towards the public. Should, for any reason, an employee be unsatisfactory in
the opinion of the Director or authorized representative, the Contractor, when notified in
writing, shall cause that employee to be removed from the project or job and replaced by
an employee satisfactory to the Director or authorized representative.
i) Contractor shall require each employee to adhere to basic standards of working attire.
Each employee shall wear a uniform shirt with the Contractor's company name or
insignia clearly visible, proper shoes and other gear required by state safety regulations.
j) Contractor and all employees shall possess a valid/current California Driver License,
including all insuranceso as required by the City.
ó r r47.02 I 00\ l 28888 15. r MSA page 16
k) Contractor shall use and furnish all vehicles and equipment necessary for the satisfactory
performance of the work set forth in this RFP/agreement. All vehicles and equipment
shall display the name and/or logo of Contractor's company. The name and logo shall be
large enough to be easily legible from a distance of fifty (50) feet, during the course of
their work.
D Contractor shall keep all vehicles and equipment in a neat and clean appearance and
maintained in excellent mechanical condition.
m) Contractor shall provide such adequate supervision as to fumish ongoing supervision of
workmanship and adherence to schedules by the employees performing the work under
contract. As may be necessary or required by City, the field supervisor or their
representative shall check with the Director or authorized representative as to (l)
schedule of work; (2) complaints, and (3) adequacy of performance. Contractor shall
submit such reports as the City may require, ensuring compliance with scheduled work.
n) The Contractor shall provide the City at all times throughout the duration of this contract
emergency telephone numbers of at least fwo (2) qualified persons who can be called for
emergency conditions at any time that Contractor's representatives are not immediately
available at the job site. An alternate emergency number shall be provided in case no
answer is received at the first number. The emergency number shall be used to contact
the representative of the Contractor who can take the necessary action required to
alleviate an emergency condition or job related complaint which threatens to cause
damage to any City property or compromise the public's safety.
o) Contractor is required to provide the City with a 24-hour emergency number for contact
outside normal working hours. The response to an emergency call-out by the Contractor
shall not be more than two (2) hours and shall be considersd part of the normal contract
except when delayed by problems caused by vehicle accidents or Acts of Cod.
p) Contractor shall provide the City with one (l) copy of an "Emergency Medical Facility
Designation and Procedure Sheet" before a contract is awarded. On this sheet, the
successful proposer must designate a twenty-four (24) hour emergency medical facility to
provide emergency medical treatment/care in the event of injury to any of the
Contractor's employees. It will be the responsibility of the Contractor's supervisor/lead
worker to transport or make arrangements for the transportation of any injured employee
to and from the designated emergency medical facility or riny similar medical facility.
6r r47.021 00\12888815"r MSA page l7
Special:
1) Work to be done
a) Contractor shall fumish all labor, supervision, methods of processes, implements, tools,
machinery, safety equipment, traffic control, materials and proper licensing required to
provide labor, material and equipment to perform Graffiti Abatement Services from both
public and specific private properties within the City of San Juan Capistrano.
b) See Exhibit "C' for hourly rates and unit prices for Graffrti Abatement Services. The
City reserves the right to add or delete service locations during the term of this
RFP/contract. Unless first approved otherwise by the Directo¡ all other work must begin
no later than the following requirements, and as first approved by the Director or
authorized representative. Failure to comply with response times shall be considered as
non-compliance. Repeated failure to comply may result in contract termination. AII
maintenance and repair services shall be completed within a reasonable and expedient
manner, based on the severity of the request.
c) rWork shall proceed in an orderly manner. Wherever possible, repair work shall be
completely finished prior to Contractor proceeding to the next location. Any exceptions
shall be approved by the Director or authorized representative.
d) The Director or authorized representative 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 Director. The Director or authorized representative
may 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. Such alterations or deviations, additions or
omissions shall in no way affect or make void the contract. Upon written order of the
Director or authorized representative, Contractor shall proceed with the work as
increased, decreased or altered.
e) Typical abatement work shall include, but not limited to, tasks listed herein and in those
areas designated by the Public rWorks Director or authorized representative, and to leave
ID.Service Category Description Performance Period Mandatory Response
Time
SS Standard Service Regular Business Hours Only
(M-F.7:00 a.m. to 5:30 n.m.)
24 Hours (excluding
weekends and Holidavs)
SAHS Standard After Hour Service After Regular Business Hours,
weekends and Holidays
24 Hours (Including
weekends and Holidays)
ES Emergency Service Regular Business Hours Only
(M-F,7:00 â.m. to 5:30 p.m.)
2-3 Hours
EAHS Emergency After Hour Service After Regular Business Hours,
weekends and Holidavs
2 Hours
6l r47,02 r 00\128888 r 5. l MSA page l8
the groundslareain a neat condition. The scope of the graffiti removal and maintenance
work may vary according to need.
Ð The Contractor shall furnish and maintain records designating exact locations and areas
of repairs and maintenance. Such reports shall be signed by the contractor and the Public
Works Director or authorized representative in charge of overseeing the work. All work
for which a progress payment is made shall be recorded and certified by the Contractor.
Prior to payment by City, the Public Works Director or authorized representative shall
certify the work has been inspected and was completed to the satisfaction of the City.
g) All instances of graffiti, whether located on public or private property, will be digitally
photographed, with an address, time, and date of photo provided as a caption to said
photo. All such photos will then be electronically mailed to the Public Works Director or
authorized representative within eight (8) hours of the removal. Copies of said photos
will be attached to all billing invoices as well.
h) Private Property - Ifarea to be abated is on private property, Contractor is to contact the
Public Works Director or authorized representative to ascertain that permission to enter
private property has been authorized or to determine if the private property is highly
visible and necessitates extraordinary rapid removal. If authorizçd, the Contractor
shall respond and remove the graffìti from the private property. Under no circumstances
is the Contractor to enter private property unless formal permission has been obtained,
unless directed to do so in these "emergency" situations by Public Works Director or
authorized representative.
i) Public Property - If graffiti is located on public property, the Contractor shall notify the
Public Works Director or authorized representative of the location of the graffiti and
abate the graffiti on said property. Any damage to structures shall be noted immediately.
j) Specific Abatement requirements -
Ð The Contractor shall remove graffiti, feathering out the area to hide impressions of
the specific removal which will include but not be limited to brick, cinder block,
concrete sidewalks, concrete walls and partitions, painted interior and exterior
surfaces, and decorative paving. In addition, if graffiti must be removed from acrylic
panels or tile, specialized removing agents shall be used to eliminate "clouding or
distortion".
ii) The Contractor shall clean poles of various types of all graffiti, such as but not limited
to, signs, wood, metal, plastic, paper, decals, stickers, gum, paint, markers, crayons,
ropes, chains, string, wires, and tapes on an as-needed basis.+
6 I t 47 02 1 00\128888 I 5, I MSA page l9
iii) Graffiti cover up paint shall be done with water base paints at locations where graffiti
cannot be removed with pressure washing.
iv) Steam clean and seal coat all decorative pavements within the City on an as- needed
basis as determined by the Public V/orks Director or authorized representative.
v) All painting shall require general surface preparation, so as to provide a clean, dry
surface free of debris, oil or rust. A primer shall be used as required to provide an
undercoat for quality finish coat. All finish paint type and color should match as well
as possible. In cases where multiple paint colors exist, an attempt will be made to
match most predominant colors.
vi) Mobile Pressure Washers - V/hen graffrti removal mandates the use of a mobile
pressure washer, the following criteria must be met.
l. Capable of at least 3,000 psi and have with variable pressure
capabilities.
2. Capable of heating water to 200 degrees.
3. All liquid pressure washing solutions must be biodegradable and non-
toxic.
4. Other pressure washing/removal media shall consist of material
approved by the Public Works Director or authorized representative to
include, but not limited to, silica sand, baking soda or other media to
be determined.
5. Units shall be self-contained, carry water and not require a water hook
up.
6. All liquid or removal media must be captured prior to entering any
storm drain system, creek/river or other body of water.
2) Work requiremcnts
a) Contractor shall have a mininlgm qf 5 ]¡ears like experience vig contract werk with sn
Orange Counry Municipalivt or similar agenc.v. Like experience is defined as, but not
limited to:
i) Working directly with private citizens and a public entity
ii) Working in a public right-of-way or high volume pedestrian area
iii) Working after normal working hours or in an emergency situation
iv) Coordinating with other local utilities in conjunction with potential excavation or
permits
v) Setting up and properly using traffic control within a public right-of-way
6 I 147.021 00\r 288881s.r MSA page 20
b) Contractor shall, for the entire term of this RFP/contract, retain a current/valid State of
California driver license and State of California Contractor's A or B license, Uù C-
6UD-38 and a C-33 license.
c) While working within the public right-of-way, Contractor will be required to comply
with applicable City standards @ Work Area TrafTic Control Handbook
(WATCHBook).
d) Contractor shall perform all services required within these specifications and all services
shall be performed in the highest professional manner in accordance with applicable
current industry standards, regulations codes and statutes.
e) Conhactor is required to supply storage for all equipment and materials that may be used
to perform all requirements of this RFP/agreement. Equipment and materials shall not be
stored in the public right-of-way or on any other City property without written
authorization from the Director or authorized representative.
Ð The Contractor shall be responsible for all necessary precautions to prevent public
trespass into the work area, during and following abatement and until such time as the
work area is complete and ready for public or private use.
g) Rubbish and construction debris shall be disposed of at an approved disposal site. After
removal of debris, the work area(s) shall be left in a neat and presentable condition and to
the satisfaction of the Director or authorized representative.
h) As applicable, Contractor shall verify the location of all utilities prior to construction,
repair or maintenance and shall be held liable for all damages incurred due to
Contractor's work related operations.
c) Contractor must remain within the removal/abatement area to the best of their ability.
The Contractor must protect all existing private property. Contractor shall further protect
property and facilities adjacent to the maintenance areas and all property and facilities
within the maintenance areas. After completion of project, the abatement area shall be
clean and in a presentable condition. All public or privately owned improvements and
facilities shall be restored to their original condition and location. In the event
improvements of the facilities are damaged, they shall be replaced with new materials
equal or better to the original. Contractor shall repair such damage at their sole expense.
d) Contractor shall, where applicable, comply with all City regulations regarding NPDES
(National Pollution Discharge Elimination System) Requirements and the City's Best
Management Practices. Conhactor shall not discharge anything to the storm drain, creek
6l 147,02100\12888815,1 MSA page 2l
or âdjacent water ways. Contractor will contain and capture any materials that may
potentially reach a storm drain, creek or adjacent water way. Contractor shall implement
any and all Best Management Practices (BMP's) as may be necessary.
Ð Contractor must take all due precautionary measures to protect all of the existing utilities.
When necessâry, the Contractor shall have all utilities located by contacting the
responsible agency at least 48 hours prior to commencing any work. The Contractor's
attention is directed to the one-call utility notification service provided by Underground
Service Alert (USA). USA member utilities will provide the Contractor with the
locations of their substructures when given at least 48 hours' notice. Such requests
should be requested through USA @ 811 or 800-227-2600.
3) Accentance of rilork
The Director or authorized representative will make inspections and determine that the
work has been completed in all respects and in accordance with this RFP/contract.
4) Billinp. Records and Reoorts
a) Contractor shall maintain a record of all work performed, including but
not limited to location and types and amounts
maintained/installed/removed. This record shall list the date(s) of the
service and/or work performed. A copy of such record shall be provided
to the Director upon completion of each work order. The contractor shall
return appropriate and completed work orders showing the date and
inventory of work performed and it shall be attached to each invoice.
Contractor shall provide a billing form and progress payment form
approved by the Director or authorized representative.
b) Upon submittal of an invoice for work completed by the Contractor, the
DirectorlCity shall pay net 45 days, unless otherwise agreed upon by the
Director/City and the Contractor.
6r r47.02100\12888815.r MSA page 22
Maintenance and seruice date(s):
Removal or repair date(s):
NOTE:
Í.XHIBIT "B'
Schedule of Serlices
As scheduled per this agreement/Exhibits, and as needed.
See above.
Dates may be flexible, pending weather related conditions
and Contractor/City operational needs.
6l r47.02100\t28888 I 5. l MSA page 23
EXTIIBIT fC''
Compensation
f,'rom:ß o^ n v\?- r,.-Slr^ .^- C. \ e-*.^in ,. , T.x ¿
))
(cCINrRACrOR)
To: Director of Public Worls, City of San Juan Capishano
The u¡dersisrd, as proposer, declares hs/she has carefully examined the location of the
proposed wort and has read all requircments as described in the RFP, and hereby proposes and
ag¡ees, if the proposal is accepæd, to complete said co¡rtmct in accordance with the RFP and
rolated MSA for the following costs noted herein.
Said amounts ¡re to include and cover all taxes, the performing of all the labor requisite or
proper and the providing of all necessary machinery, tools, apparatus, materials and other means
of maintenance; also, the performance and completion of all the work in the manner set forth,
descriH and shown in the RFP for the work. Conüactor will not be required to pay for permits
on Cþprojects.
Fr¡rther, the undersigned proposer certifies that helslrc has thorougNy checked the figures set
forth in this Exhibit C and that they are coneot to the best of his/her knowledge and that they
constitute his/hü complete proposal for the work required as noted in the RFP.
*NOTE: All co¡ß sh¡ll be based on the full tsn¡ noted in $ 3.1.2 of the agreement*
Schedule A - Hourþ SS, SAIIS, ES, EAAS costs
tD.tafvioa
C¡tr¡ory
Dæcriptlon
F¡tfonnmo. Por¡od t¡ndrtoty
ReponsrTlmr
z paßon
crrw hourlynb
¡ncl¡¡d¡ng
mft.rhlr
ûD( oh
I p.llon
Itonr
hourlyrü
lncludlng
mrbd.b
û ,) oA
Equlgnmt-
PrlSSUrtw¡¡h¡r
houily r¡to
g8 Standard
Servico
During regular
businass hours only
(M-F, 7:30 a.m. þ
5:30 p.m.)
24
(excluding
wcckcnds
Holidays)
Hours
ând
¡
lt{rr'"o
¡
1ts'oo
¡
L8.'"
8AH8 Standard
Alter Hour
Service
Afrer regular
business houß
24
(lncluding
wcakcnds
Holidays)
Hours
and
f
I ¿J.r'oc>¡lo O\)¡0oLI
Durlng Wecl(ends -
davtime
¡l{o'o s -1 ır2t(2'
î Lg'0"
Holidavs - daì/tlme \tls'*?I -1 o'oe I q ø,0)
EA EmÖrgcncy
Scrvicð
During regular
busincsE hours only
(M-F, 7:30 a.m. to
5:30 p.m.)
2-3 Hours ¡
l{ o'*
s
o.2l(2'
¡
L8 cli'
6t 147.02100\12888E15.1 MSApage 24
EAHS EmegoncyAltcr Hour
Servicc
Affcr rcaular
busincss hours
2 Hours ¡f q ,q>,,,o ¡'1 o'"'I 7&'*
During
24-7
vrcckends,t /.J o,""t 1o-"oo $ LK""o
Dufino holldevs.24-7 ¡U r- .go ¡Þ ¡50 1 n-Q 'oo
Note: If an in{ividual, so sürte. If a finn or co-partnership, state the firm name and glve the
names of all individual co-partners composing the fim: Prcsident, Secretary, Treasurcr, and
Managerthereof,
Ðats //'3Pt'2.
Conbactornar¡e & title (print)
.L^,
Contractor name (signature)
?/l Ç/ vt'^ (.r', A /'
5"n
Contractor/business address
9/ "// v rzr e
ConMcùor/business phone number
9rr- 9sç- ?74¿t
Conüactor 2417 contactphone number
t c¡ V\arvrZ¿ -.{ \n.ir-¿-lQ,.l a-Vloo. 4v,,^
Conüactor email
6l l4?,02t 00\12888815.1 MSApage 25
E)ilIIBIT *D''
Certificrte of Compliance
St¡te of Crliforni¡ Prcvriling Wrge Law Requlrements
The CITY has been advised that ttrc Prevailing Wages Law applies ùo the work.
CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the
prevailing wage rates to ¿ll the laborers involved, and with California Labot Code Section 1770
et seq., including the keeping of all records required by tlre provisions of Labor Code Section
1776 and the impleme,lrüng administrative rcguladons. The CITY shall be a third party
beneficiary of the forgoing covenant with rights to enfo¡ce the same as against tho
CONTRACîOR.
r, N4.^. v- Ë*o^st^k ,J 9o".^^"^klåffirffiffi be responsible for
co s to all the laborers involved, and with
California Labor Code Section 1770 et seq., including the keeping of records required by the
provisions oflabor Code SectionlTT6 and with implementation of administative regulations.
lo 7\\1 ì-\ r . V- $r s4çtr-r..-\-e,-v\- Ð vs *.2^ (
Date Con8actor n¡me aod titte (prinÐ
Contraclor name (signature)
6 ¡ 147.02100\1288E815. l MSApage 26