18-0220_UNITED BUILDING & DEVELOPMENT SERVICES LLC_E11_Agenda ReportTO:
FROM:
SUBMITTED BY
PREPARED BY:
DATE:
SUBJECT:
2t20t2018
E,l1
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
,t?ú-Æeryamin Siegel, City Managera
: Steve May, Public Works and Utilities Director ^/ø,t't-
Tom Toman, Assistant Public Works Orectorfi
Rod Hamilton, Public Works Manager ( L
February 20,2018
Consideration of a Maintenance Services Agreement for Public
Facility Maintenance and Repair Services (United Building and
Development Services LLC)
RECOMMENDATION:
Approve and authorize the City Manager to execute a Maintenance Services Agreement
with United Building and Development Services LLC, to provide public facility
maintenance and repair services for a five year period in an annual amount not-to-
exceed the amount of available funding in the annual Operations and Capital
lmprovement budgets.
EXECUTIVE SUMMARY
The City's current agreement for public facility maintenance and repair services with
lnsley Construction lnc. expires on March 31, 2018. This service involves performance
of routine and emergency maintenance and repairs for all City-owned facilities and
buildings. A Request for Proposals (RFP) (Attachment 1) was issued and advertised
publically on January 8, 2018. Staff received one proposal from United Building and
Development Services LLC. After reviewing and considering all elements of the
proposal, staff recommends that the City Council approve a Maintenance Services
Agreement (MSA) with United Building and Development Services LLC (UBDS). The
proposed Agreement (Attachment 2) is for a term of five years commencing on April 1,
2018, and ending on June 30,2023. The total annual amount of the agreement is not-
to-exceed the available funding in the annual Operations and Capital lmprovement
City Council Agenda Report
February 20,2018
Pase 2 of 3
budgets, which vary from year to year based on need. For Fiscal Year 2016-2017, the
actual costs for repair and maintenance of City facilities was approximately $200,000.
DISCUSSION/ANALYSIS:
The City's current public facility maintenance and repair services contractor, lnsley
Construction lnc., chose not to submit a proposal and is retiring later this spring. The
one proposal received was evaluated through a qualifications based process, which is
consistent with the City's Purchasing Policy. The evaluation criteria included operational
experience, overall qualifications, ability of respondent' to deploy services, past
experience with the City, and pricing. Based on a staff review and evaluation of the
proposal submitted, staff recommends UBDS as a well-qualified and responsive bidder.
UBDS is located in San Juan Capistrano and has successfully completed various
projects for the City including City Hall building and roofing improvements. UBDS was
also recently awarded a contract to repair the trellis roof structure at the Train Depot.
UBDS will maintain and utilize two sub-contractors, Excel Electric and Greek's
Concrete, both of which have worked for the City's prior public facility maintenance and
repair services contractor, and both of which are very familiar with City facilities and
buildings.
FISCAL IMPACT:
The proposed Agreement is for a term just over of five years commencing on April 1,
2018, and ending on June 30, 2023, with an annual total fee amount that shall not
exceed the amount of available funding in the annual Operations and Capital
lmprovement budgets. For Fiscal Year 2016-2017, expenditures for public facility
maintenance and repair services were approximately $200,000.
ENVIRONMENTAL IMPACT:
ln accordance with the California Environmental Quality Act (CEQA), the recommended
action is exempt from CEQA per Section 15061(bX3), the general rule that the CEQA
applies only to activities that would have the potential for causing a significant effect on
the environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. A Maintenance Services Agreement with United Building and
Development Services LLC to provide public facility maintenance and repair services
would not be an activity with potential to cause significant effect on the environment,
and is therefore exempt from CEQA.
CITY COUNCIL REVIEW:
On December 2, 2014, the City Council approved a Personal Services Agreement with
lnsley Construction lnc. to provide Public Facility Maintenance and Repair Services for
a three year term, with three one-year optional extensions, subject to available funding.
City Council Agenda Report
February 20,2018
Pase 3 of 3
COMM ISSION/COMMITTEE/BOARD REVI EW AND RECOMM ENDATIONS:
This item did not require commission, committee, or board review
NOTIFICATIONS:
United Building and Development Services LLC
ATTACHMENTS:
Attachment 1: Facilities Maintenance and Repair Services RFP
Attachment 2: Proposed Maintenance Services Agreement
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Request for Proposal (RFP)
Public Facility Maintenance and Repair Services
January 2018
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RFP page I of 5 Attachment 1, Page 1 of 51
Request for Proposal (RFP)
General Requirements and I nstructions
City of San Juan Capistrano Public Works (City) is requesting proposals for all work
necessary to maintain and repair various public facilities, citywide. Please see herein
MSA Exhibit A, Scope of Services, for detailed requirements. Proposals will be received
by the City for the purpose of evaluating best services ¿Øcosts. Upon completion of an
evaluation by the selection committee, a not¡ce of award may be issued to the
successful proposer.
*All proposals shall be received electronically (PDFI by 5:00 PM PST, on
January 31, 2018, emailed/delivered to: Marilyn
$carPiello, tngqafni *
City of San Juan Capistrano Rights
The City reserves the right to cancel this RFP in writing or postpone the date and time
for submitting proposals at any time prior to the proposal due date. The City, by this
RFP does not promise to accept the lowest cost or any other proposal and specifically
reserves the right to reject any or all proposals, to waive any formal proposal
requirements, to invest¡gate the qualifications and experience of any Proposer, t0 reject
any provisions in any proposal, t0 modify RFP contents, to obtain new proposals, to
negotiate the requested services and contract terms with any Proposer, or to proceed
to do the work otherwise.
The City hereby notifies all proposers that it will affirmatively insure that in regard to
any contract entered into, pursuant to this request, minority business enterprises will be
afforded lull opportunity and are encouraged to submit proposals in response to this
invitation and will not be discriminated against on the grounds 0f race, color, sex, 0r
national origin in consideration for an award.
The City also reserves the right to reject any 0r all proposals or any part thereof, and to
waive any minor technicalities.
0uestions about this RFP may be directed to the following nersons:
Rod Hamilton, Public Works Manager rhamilton@sanjuancapistrano.org or 949-443-
6365
RFP page 2 of 6 Attachment 1, Page 2 of51
Contents of this RFP, to be returned as noted under Proposal
deliverables herein:
. RFP requirements, instructions. Sample Maint. Service Agmt. (MSA) w/Exhibits A,B,C,D. Experience form: Att. 1. C¡ty business license form: Att. 2o lnsurance form: Att. 3o California Contractor license form: Att. 4. New Vendor form: Att. 5. W-9 tax form: Att. 6. Equipment: Att. 7. Sub. Contractors & Suppliers: Att. I
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Pro"¡cal dellvery methoú Proposals shall be addressed and delivered via
electronic format only, to:
Gity of San Juan Capistrano Public Works Department
32400 Paseo Adelanto
San Juan Capistrano, CA. 92675
Attn : Marilyn Scarpiello via email - mscarpiello@saniuancapistrano.org
P.ro p os a I d e ll ve ra þ I est
1. 0ne (1) signed electronic copy (PDF) of the entire M9A/Agreement including:
a. Signed/completed Exhibit C
b. Signed/completed Exhibit D
c. Signedlcompleted attachments 1 thru B.
2. 0ne (1) electronic copy of a signed letter acknowledging Contractor's acceptance
of all terms, agreements and requirements noted in this RFP.
g. 0ne (1) electronic copy of an introduction and brief company summary letter.
Proposer contact information:
Proposals must include the following contact information:o Name and address of firm makin0 the proposal
. Name(s) of person(s) authorized to submit the proposal
. Name(s) of person(s) assigned to complete the proposal
. Phone number(s) for each person(s) assigned to complete the proposal
. Email address(s) for each person(s) assigned to complete the proposal
RFP page 3 of 5 Attachment 1, Page 3 of 5l
Experience:
Proposals shall list at least 3 previous occasions, with related agency or companies,
where services were provided that closely resemble the requirements in this RFP,
Provide contact names and phone numbers for each of the 3 agencies or companies.
Use attachment 1 form.
Warranty:
N/A
I ntent:
It is the intent of this RFP and $cope of Services to provide for the purchase of all work
necessary to maintain and repair various public facilities, citywide, in the best and most
efficient manner. The City has determined this published RFP is best suited for the
City's needs in terms of requested scope and features. This RFP shall not be
interpreted as restrictive but rather as a measure of guality and performance against
which all responses will be compared.
ln comparing prooosals. comparison will not be confined to price onl,v. The successful
proposer witl be one whose product is judged as best serving the interests of the City
when price. product. qualitv and delivery are considered. The City also reserves Íhe
right to reiect an.v or all proposals or an.v part thereaf. and to waive any minor
technicatities. A contract may be awarded to the Proooser submitting a responsible
proposal meeting all the requirements noted in this ßFP.
Equivalent Product:
N/A
I nterpretations:
ln order t0 be fa¡r to all proposers, no oral interpretations will be given to any proposer,
as to the meaning of the specification documents or any part thereof . Every request for
such a consideration shall be made in writing and emailed to Rod Hamilton
rhamilton@saiuancapistrano.org Based on such inquiry, the City may choose to issue
an addendum.
0ther General Requirements:
A. The scgpe of services herein states the minimum requirements of the City. All
proposals must be regular in every respect. Unauthorized conditions, limitations,
or provisions shall be cause for rejection. The City will consider as irregular or
non-responsive any and all proposals that are not prepared and submitted in
accordance with the RFP, or any proposal lacking sufficient technical literature to
enable the City to make a reasonable determination of compliance to the
specification. lt shall be the pr0poser's responsibility to carefully examine each
RFP page 4 of 6 Attachment 1, Page 4 of 51
item of the specification. Failure to olfer a completed proposal or failure to
respgnd to each section of the technical specification will cause the proposal to
be rejected without review, as non-responsive, All variances, exceptions and/or
deviations shall be f ully described in the appropriate section. Deceit in
responding to the specification will be cause for rejection.
B. A final MSA (Maintenance Services Agreement) will be required to be executed
by the Contractor and City. Upon execution, and after approval of all insurance
and other required documents, a notice of award/proceed may be issued by the
City. A sample MSA is attached to this RFP, for reference only.
Specific RFP Hequirements:
$ee sample MSA, Exhibits A,B,C & D and attachments 1 thru I
RFP page 5 of 5 Attachment 1, Page 5 of 51
CITY OF SAN JUAN CAPISTRANO
MAINTENANCE SERVICES AGREEMENT
1. P¡rxftriS n¡,rlr Dntü.
This Agreement is made and entered into this lst day of April, 2017 by and between the
City of San Juan Capistrano, a municipal corporation organized under the laws of the State of
California with its principal place of business at 32400 Paseo Adelanlo, San Juan Capistrano,
California 92675 ("City") ând
-,
a with its principal
place of business at (ooContractor"). City and Contractor
äresometimesindiuivelyas.,Parties''inthisAgreement.
2. Rncrtnts.
2.1 Contr¿ctor.
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 providìng Public Facility
Maintenance and Repair 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 witten 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 Public Facility
Maintenance and Repair Services project ("Project") as set forth in this Agreement.
3. T¡:lttrrs.
3.1 Scope of Services and Term.
3.1.1 General Scope of Se.Íyi.çes. Contractor promises and agrees to furnish to
the City all laboro materialso tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Public Facility Maintenance and Repair
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.
6l 147.021 ()0\r 2888S 15. 1 MSA page I Attachment 1, Page 6 of 51
3.1.2 Tgfm. The term of this Agreement shall be from April 1,2018 to April
3t,2023, unless earlier terminated as provided herein. Contractor shall complete the Sewices
within the term of this Agreement, and shall meet any other established schedules and deadlines.
The Parties may, by mutual, written conseflt, extend the term of this Agreement if necessary to
complete the Services.
3.2 ResponsibilitiesofContractor.
3.2.1 Control and*Bay*{-np.Irt of Suþordinatesi 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.
Cıntractor retains the right to perform similar or different services for others dudng 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 perforrnance 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, incorne
tax withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule Qf-. . 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 "B' attached hereto and incorporated 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 Contractoros submittals in a timely manner. Upon
request of City, Contractor shall provide a mo(e detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Çonforma$ce to Au,p,liqaþLe-. "Rpqì¡kçments. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City's Repressntative, The City hereby designates Director of Public
W'orks 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
Oehatf 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 Representative. Contractor hereby designates
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 purpose$ 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.
6t t47.02100\12888815. I MSA page 2 Attachment 1, Page 7 of 51
3,2.6 CoordinatioU o-f..Sqfvices. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.7 Standard of.Ç?,f.e: Performance of Employees. 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 Califomia. 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, qualifïcations and approvals of whatever nature that are legally required to perform the
Services, including a City Business Licensg and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnifìcation
provisions of this Agreement, Contractor shall perform, ¿t its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Contractor's failure to comply with the standard of care provìded 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 1o 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.?.5 Period of Perforrnance 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 clescribed in Exhibits o'4" or'oB" attached 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 Government Code Section 53069.85, Contractor shall pay to the City as fixed and
liquidated damages, and not as a penalty, the sum of FIVE HLINDRED DOLLARS ($500.00)
per day for each and every calendar day ofdelay beyond the Perfoünance Time or beyond any
completion schedule or Project milestones established pursuant to this Agreement.
3,2.9 Dísputes. Should any dispute arise respecting the true value of any work
clone, of any work omitted, or of any extra work which Contractor may be required to do, or
respeçting the size of any payment to Contractor during the performance of this Agreement,
Contractor shall continue to perform the Work white said dispute is decided by the City. If
Contractor disputes the City's decision, Contractor shall have such remedies as may be provided
by law.
3.2.10 Laws and Regulations: Etnployeg/Labor C.-ç.$.Uïç.dions. 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
CaI/OSHA requirements, and shall give all notices required by law. Contractor shall be liable
61 r4?.02100\r2888815.1 MSA page 3 Attachment 1, Page 8 of51
for all violations of such laws and regulations in connection with Services. If 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
thereflom. City is a public entity of the State of California subject to certain provisions of the
Health & Safety Code, Government Code, Public Contract Codeo and Labor Code of the State. It
is sripulated and agreed that all provisions of the law applicable to the public contracts of a
muniıipality are a part of thÌs Agreement to the same extent as though set forth herein and will
be complied with. These include but are not limited to the payment 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 âny one calendar day except as
permitted by law. Contractor shall defendo indemnify and hold City, its officials, officers,
employees and agents free and harmless, pursuant to the indemnifïcation provisions of this
Agieement, 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 Emp!.oyment Elisibility: Contractor. By executing this
Agreement, Contractor verifies that it fully complies with all requirements and restrictions of
state and 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 verifìes 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 verifìcation 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 verifìcation, 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 3.2,1t or any of its sub-sections.
3.2.10.2 Êmnlovrnent Elisibilitv:Sllhcontractors-Sub-
subconftactgfs.. and Consulta{rJg. 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.
3.2.10,3 Employment Eligibility;Failure to Comply. Each person
executing this Agreement on behalf of Contractor verifies that they are a duly authorized offìcer
of Contractor, and understands that any of the following shall be grounds for the City to
tenninate the Agreement for cause: (l) failure of Contractor or its subcontractors, sub-
subcontractors or consultants to meet any of the requirements provided fot in Sections 3.2.10.1
or 3.2.10.2; (2) any misrepresentation or material omission conceming compliance with such
requirements (including in those verifìcations providecl to the Contractor under Section3.2.70.2);
61 147.02100\128888 t 5. I MSA page 4 Attachment 1, Page I of 51
or (3) failure to immediately remove from the Project any person found not to be in compliance
with such requirements.
3.2.10.4 Labot CerfifiçBiiqn. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require eyery employer to be insured against liability for Workers' Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 Equal Opp-gftunitJ Emplpyment. 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 ínclude, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or reoruitment
advertising, layoff or termination.
3.2.10.6 A-if...9uality. Contractor must fully comply with
ali applicable laws, rules and regulations in furnishing or using equipment and/or 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 and/or regulations by Contractot, its
subcontractors, or others for whom Contractor is responsible under its indemnity obligations
provided for in this Agreement.
3,2,1t.7 Water Oualify.
(A) Nfanagement 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 lvater; and any and all
regulations, policies, or permits issued ptrsuant 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) l"iability for Non-CompliaRçs. 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 indemnifìcation 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,
6r 147.0?r 00\128888 t5. I MSA page 5 Attachment 1, Page 10 of 51
unless such non-compliance is the result of the sole established negligence, willful misconduct or
active negligence of the Cþ, its officials, officers, agents, employees or authorized volunteers,
(C) Trainine. In addition to any other standard of care
requirements set forth in this Agreement, Contractot warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
this Section. Contractor further warrants that it, its employees and subcontractors will receive
adequate training, as determined by City, regatding the requitements 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.
3.2.11 l4surance.
3.2.11.1 Timq-fpr Compliancp. 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
subcontractor to commence work on any subcontract until it has provided evidence satÍsfactory
to the City that the subcontractor has secured all insurance required under this Section,
3.2.1,1.2 Minimnm Reauile.$-rç.nts. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for ir{uries to
persons or damages to property which may arise from or in connectíon with the performance of
the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels ofcoverage:
(A) NÍinimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (l) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); Q) Ar,úomobile Liability:
insurance Services Offìce Business Auto Coverage form number CA 0001, code I (any auto);
and (3) ll/orkers' Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance. The policy shall not
contain any exclusion contrary to the Agreement, including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24
26 or 21 29); ot (2) cross liability for claims or suits by one insured against another.
(B) Minimum Li*mi.ts of Insurg$ce. Contractor shall maintain
limits no less than: (1) General Liabiliry: 52,000,000.00 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, fotm CG 2503, either the
general aggregate limit shall apply separately to this Agreement/location or the general aggregate
lirnit shall be twice the required oççurrence limit; (2) Automobile Liability: $1,000,000.00 per
accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's
Liability; 'Workers' Compensation limits as required by the Labor Code of the State of
61 147.02100\1288881 5. 1 MSA page 6 Attachment 1, Page 11 of51
California. Employer's Liability limits of $1,000,000.00 per accident for bodily injury or
disease. Defense costs shall be paid in addition to the limits.
(C) Notice$;. Cancellation or Rqdugtioq qf Coverage. At least
tifteen ( l5) 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 (t0) days after receipt of wrilten
notice of such cancellation or reduction of coverage, fìle with the City evidence of insurance
showing that the required insurance has been reinstated or has been provided through anothgr
insuranıe company or companies. In the event any policy of insurance required under this
Agreement does not comply with these specifications or is canceled and not replacedn 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) Additional Inqqtçd. The City of San Juan Capistrano, its
offïcials, offîcers, employees, agents, and volunteers shall be named as additional insureds on
Contractor's and its iubcontractors' policies of commercial general liability and automobile
liability insurance using the endorsements and forms specified herein or exact equivalents.
3.2.11.3 Insurance EndorsenEnt:s. 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) QçnBfal Liability. The general liability policy shall include
or be endorsed (amended) to state that: (l) using ISO CG forms 20 10 and 20 3'/, ot
endorsements provicling the exact same coverage, the City of San Juan Capistrano, its officials,
of{icerso 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 furnished in connection with such work; and (2) using
ISO form 20 Ol, or endorsements providing the exact same coverage, the insurance coverage
shall be primary insurance as respects the City, its officials, officetso employees, agents, and
volunteers, or ifexcess, shall stand in an unbroken chain ofcoverage excess ofthe Contractor's
scheduled underlying coverage. Any excess insurance shall 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 officials, officers,
ernployees, agents, and volunteers shall be excess ofthe Contractor's insurance and shall not be
calied upon to contribute v/ith it in any way. Notwithstanding the minimum limits set forth in
Section 3.2.1L2(8), any available insurance proceeds in excess of the specifÏed minimum limits
of coverage shall be available to the parties required to be named as additional insureds pursuant
to this Section 3.2.11.3(A).
(B) AutomobiþLiability. The automobile liability policy shall
inclucle or be endorsed (amended) to state that: (1) the City, its officials, officers, employees,
agents, and volunteers shall be covered as additional insureds with respect to the ownership,
6l I 47.0210t\r288881 5. I MSA page 7 Attachment 1, Page '12 of 51
operation, maintenance, 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 officials, officers, employees, agents, and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's
scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its
officials, officers, employees, agentsn and volunteers shall be excess of the Contractor's
insurance and shall not be calied 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 specifïed minimum limits of coverage shall be available to the partíes required to be named
as additional insureds pursuant to this Section 3.2.11.3(8).
(C) Workersl. Çenlpensatign and Employer's Liabilitv
Coverage. The inswer 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 .-Ççyçrages.. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall nat be suspended, voided, reduced
or canceled except after thirty (30) days (10 days for nonpayment of premium) priot written
notice by certifïed mail, return receipt requested, has been given to the City; and (B) 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 of{ìcials, officers, employees, agents, and
volunteers. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coveTage ptovided to the City, its officials, offìcers,
employees, âgents and volunteers, or any other additional insureds.
3,2.11.4 Separation of Insureds: No Sp--çgigl Limitations: lVfliver of
Subrogation. All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not coiltain any special limitations on the scope of
protection afforded to the City, its offïcials, offìcers, employeeso agents, and volunteers, All
poiicies shall waive any right of subrogation of the insurer against the City, its officials, officers,
employees, agents, and volunteers, or any other additional instneds, 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, agentso and volunteers, or any other additional
insureds, and shall require sìmilar written express waivers and insurance clauses from each of its
subcontractors.
3.2.11.5 Dedusübles". .and,,.,,Self.-.hs$r.ancp Retenfi.pns. Any
deductibles or self-insured retentions must be declared to and approved by the City. Contractor
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officials, officers, employees,
agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses
and related ìnvestigation costso claims and adminisffative and defense expenses.
3.2.11.6 SubcorlLra,ç.Jor Inst¡(anc.,g Requirements. Contractor shall
not allow any subcontractors to commence work on any subcontract relating to the work under
61 147.021 00\128888r 5. r MSA page I Attachment 1, Page l3 of51
the Agreement until they have provided evidence satisfactory to the City that they have secured
all insurance required under this Section. If requested by Contractor, the City may approve
different scopçs or minimum limits of insurance for particular subcontractors. The Contractor
and the City shall be named as additional insureds on all subcontractors'policies of Commercial
General Liability using ISO form 20 38, or coverage at least as broad.
3,2.11.7 Acceptability*of Iq$Urerg. Insurance is to be placed with
ìnsurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in
Califomia, and satisfactory to the City.
3.2.11.8 Verification of Coverage. 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
iniurance policy shalt be signed by a person authorized by that insuter to bind coverage on its
behalf, and shall 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, certifìed copies of all required insurance policieso at any
time.
3.2.11,9 Keportifrg of Claips. 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. In carrying out its Services, the Contractor shall at
all times be in compliance with all applicable localn state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safefy 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
sribcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space p{ocedures, trenching 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
tneasures.
3.2.13 IRESERVEDJ
3.2.14 Accoglrl_ing. RecordS. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incuned under this Agreement, All such records
shall be clearly identifiable. Contractor shall allow a representative of City during notmal
business hours to examineo 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.
6r 147.02100\12888¡ì¡5. t MSA page 9 Attachment 1, Page 14 of 51
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 "Co' attached hereto and incorporated herein by reference. The total compensation
shall not exceed LINIT PRICES NOTED IN EXHIBIT *C" AND NOT TO EXCEED THE
AGGREGRATE AVAILABLE FUNDTNG AMO{,JNT 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 tbrth in this Agreement.
3.3.2 Ppyment of _Çonpensation. 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
initial colnmencement 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 Reimbursemeulfor Expsn$qs. Contractor shall not be reimbursed f'or any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agrcement, City may
request that Contractor perform Extra Work. As used herein, "Extra 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 Wages. Contractor is aware of the requirements of Califomia
Labor Code Section 1120, et seq., and 1770, et seq., as well as Califomia 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" pdects. Since the Services are being performed as part of an applicable "public
works" or o'maintenance" project, as defined by the Prevailing Wage Laws, and since the total
compensation is 51,000 or more, Contractor agrees to fully comply with such Prevailing Wage
Laws. City shall 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, classifïcation 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, offìcerso 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 Registration. Since the Services are being performed as part of an
applicable 'opublic works" or "maintenance" project, then pursuant to Labor Code Sections
1725.5 and 1771.1, the Contractor and all subcontractors must be registered with the Department
of Indr¡strial Relations. Contractor shall maintain registration for the duration of the Project and
6l 147,02t 00\128888r5. r MSA page l0 Attachment 1, Page 15 of 51
require the same of any subcontractor. This Project may also be subject üo compliance
monitoring and enforcement by the Department of lndustrial 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 fbr Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving
writtçn notice to Contractor of such termination, and specifying the effective date thereof, at least
seven (?) days before the effective date of such termination. Upon terminationo 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 ìs terminated as provided herein,
City may require Conftactor 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 fìfteen (15) days of the request.
3.4.3 Additional Serviçpç. In the event this Agreement is terrninated 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 Pelivery of Notices. All notices permitted or required rinder 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:
[* * {' TNSERT NAME, ADDRESS, CONTACT PERSON{' E * ]
City
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA92675
Attn: Director of Public Works 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 occurredo regardless of the method of service.
3.5.2 Indemnificatioq.
61 147-02 t00\t2888815. I MSA page 1l Attachment 1, Page 16 of51
3.5.2.1Scope of Indemnity. To the fullest extent permitted by lawo
Contractor shall defend, indemnify and hold the City, its offïcials, officers, employees,
volunteers and agents free and harmless from any and all claims, demandso 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, errors or omissions of Contractor, its offïcials, offìcers, employees, subcontractots,
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 consequer¡tial
damages, expert wìtness 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 2782.8,1o claims that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Contractor.
3.5.2.2Addilional lndemalLy..gþligations. Contractor shall defend, with
Counsel of City's choosing and at Contractor's own cost, expense and risk, any and all claims,
suits, actions or other proceedings of every kind covered by Section3.5.2.I that may be brought
or instituted against City or its officials, officers, employees, volunteers and agents. Contlactor
shall pay and satisfy any judgment, award or decree that may be rendered against City or its
officiils, officers, employees, volunteers and agents as part of any such claimo 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,
offîcers, 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 Ageement,
and shall not be restricted to insurance proceeds, if any, receìved by the City, its offrcials
officerso employees, agents, or volunteers.
3.5.3 Governing Law: Govg.{nment Code.Claim CompüAl}çp. This Agreement
shall be govemed 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 musf comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to fîling any lawsuit against the City. Such Govemment 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,
andlor changed conditions have been followecl by Contractor. lf no such Govemment 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.
3,5,4 Timc ofEssence. Time is of the essence for each and every provision of
this Agreement.
61 147.02 I 00\t2888815. I MSA page 12 Attachment 1, Page 17 of51
3.5.5 Citx',ç..Right to_ Employ Other Contracto-f.ç.. City reserves right to employ
other contractors in connection with this Project.
3.5.6 Successor$_ and Assigns. This Agreement shall be binding on the
successors and assigns ofthe parties.
3.5.1 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.S Constructionlßpfg_{.enge$;..Çaptiqnq. 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 calendu days and not
work days. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
City include its officials, offìcers, employees, agents, and volunteers except as othenvise
specifîed 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 Alne*!.m.çnt; Modi{ication. 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, bene{it,
privilege, or service voluntarily given or performed by a Parfy shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.i I Np. Tþid Pa{y Beneficiaries. Except to the extent exptessly 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; Sqgçmþility. If any portion of this Agreement is declared
invalid, iliegal, or otherwise unenforceable by o court of competent jurisdiction, the remaining
provisions shall continue in full force and effect,
3.5.13 Ltohiþited Interests. Contractor maintains and wanants that it has not
empioyed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor wanants that it has not
paid nor has it agreed to pay any company or person, other than a bona fÏde employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Contractor further
agrees to file, or shall cause its employees or subcontractors to fÌle, 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
6r t4?.02100\t28888 I 5. I MSA page 13 Attachment 1 , Page '18 of 51
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any dìrect interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 ÇgQperation: 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 Attorneys'Igqs and Costs. If any action in law or equíty, 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 !Q. Efiter.Agreement. Contractor 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 hâve the legal power, right, and
authority to make this Agreement and bind each respective Pafty.
3,5.17 Countgfpa$ç. This Agreement may be signed in counterpartso each of
which shall constitute an original.
3.5.18 Enti.rç 4,greement. 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.1e IRESERVEDJ
ISIGNATURES ON NEXT PAGEI
6r t47.021 00\1288881 5. 1 MSA page l4 Attachment 1, Page 19 of51
SIGNÀTURE PAGE TOR MAINTENANCN SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND r**lN$ERT CONTRACTOR NANIE***I
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the lst day
of April,2018.
GITY OF SAN JUAN CAPI$TRANO
Approved 8y:
r"*lNsËRT CONTRACTOR NAME**I
Benjamin Siegel
City Manager
Signature
Name
Date
Attested By:Title
Maria Morris, City Clerk Date
Approved As Io Form:
City Attorney
6t l4?.02100\1288ß815. I MSA page 15 Attachment 1, Page 20 of 51
EXHTBIT ..A"
Scope of Services
General:
a) Work will ordinarily be performed between the hours of 7:00 AM and 5:00 PM, Monday
through Friday (except where noted). During emergencies, work may be required at
other than normal hours. The Contractor must receive the approval of the Director of
Public Works and Utilities (herein after Director) or authorized representative, @.to
commencing any work and in all cases,
b) Contractor shall maintain an adequate crew of employees to perform the service required.
c) Contractor will be required to supply a list of equipment owned and available for work.
d) Unit prices quoted shall include all required safety equipment. TrafiÏc control may be
required on some sites, and shall be included in quoted prices.
e) Unit prices for after-hours or emergency work shall be for actual time spent on the job
site. No travel time will be paid.
Ð 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 Contractor.
g) All employees of Contractor shall wear a uniform or shirt that cleady identifies the
company.
h) 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.
Ð Contractor agrees to require hisiher 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 unsatìsfactory in
the opinion of the Director or authorized representative, the Contractor, when notified in
writingn shall cause that employee to be removed from the project or job and replaced by
an employee satisfactory to the Director or authorized representative.
j) 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.
61 14?.02t00\1288f1815.1 MSA page 16 Attachment 1,Page21 ol 5'l
k) Contractor shall provide, for all projects, a supervisor/foremen with a minimum of five
(5) years' experience related to public facilities maintenance and repair services, The
superviso#foreman shall remain on-site durìng the entire project or job.
l) Contractor and all employees shall possess a valid/cuffent California Driver License,
including all insurances, as required by the City.
m) Contractor shall use and fumish all vehicles and equipment necessary for the satisfactory
performance of the work set forth in this RFP. 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,
n) Contractor shall keep all vehicles and equipment in a neat and clean appearance and
maintained in excellent mechanical condition.
o) Contractor is required to supply storage for equipment that is used in the City.
Equipment 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.
p) Contractor is required to supply storage for materials that are used in the City. Material
shall not be stored in the public right of way or any other City property without written
authorizatìon from the Director or authorized representative. Contractor shall furnish ali
material, including, but not limited to, equipment, etc., necessary for the perfotmance of
the work set forth ìn this contract.
q) Contractor shall provide such adequate supervision as to furnish ongoing supervision of
workmanship and adherence to schedules by the employees performing the work under
contraçt. As may be necessary or required by City, the field supervisor or their
representative shall check with the Director or authorized representative as to (1)
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.
r) The Contractor shall provide the City at all times throughout the duration of this contract
emergency telephone numbers of at least two (2) qualifïed 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 reqtrired to
alleviate an emergency condition or job related complaint which threatens to cause
damage to any City property or compromise the public's safety.
s) 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
6l 147.02rû0\12888815. I MSA page 17 Attachment 1, Page 22 of 51
shall not be more than two (2) hours and shall be considered part of the normal contract
except when delayed by problems caused by vehicle accidents or Acts of God.
t) Contractor shall provide the City with one (l) copy of an ooEmergency 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 supervisorllead
worker to transport or make arrangements for the transporu-tion of any injured employee
to and from the designated emergency medical facility or any similar medical facility.
Special:
1) l[g,rk tg þp done
a) Contractor shall fumish all labor, supervision, methods of processes, implements, tools,
machinery, safety equipment, traffìc control, materials and propet licensing required to
identify, list and perform public facilities maintenance and repair services in those areas
designated by the Director or authorized representative and to leave the grounds in a neat
condition. The scope of the public facilities maintenance and repair services may vary
according to need.
b) See Exhibit'oC" for hourly rates and unit prices for public facìlities maintenance and
rcpair services. The City reserves the right to add or delete service locations during the
term of this RFP/agreement. Unless first approved otherwise by the Director, 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. All maintenance and repair services shall be completed within a reasonable
and expedient manner, based on the severity of the request.
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 p.m.)
24-48 Hours (excluding
weekends and Holidays)
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 a.m. to 5:30 p.m.)
2-3 Hours
EAHS Emergency After Hour Service After Regular Business Hours,
weekends and Flolidays
2 Hours
6 I 147.02100\r2888815, I MSA page 18 Attachment 1, Page 23 of 51
c) 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 Director
or authorized representative in charge of overseeing the work. If the Ditector determines
the Contractor has not satisfactorily markecl any facilitieso the City shall withholcl
payment for such markings until such facilities are properly marked,
d) $/ork will not be performed without prior approval and only as authorized by the
Director or authorized representative,
e) Work shall proceed in an orderly manner. Wherever possible, repair work shall be
completely finished prior to workmen proceeding to the next location. Any exceptions
shall be approved by the Director or authorized representative.
f) The Director/City reserves the right to increase or decrease the quantity of any item or
portion of the work or to omit portions of the work as may be deemed necessary or
advisable by the 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 t'or 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.
2) Work rgqqirements
a) Contractor shall have a minim'um o.f 5-7 )¡ears like experience. Like experience is defined
as, but not limited to:
Ð Working directly with various electrical components and fixtures, plumbing fixtures,
building materials, painting, window repair, fencing, etc.
ii) Working on State/City approved historic buildings, i.e. roofing, adobe, materials, etc.
iii) Working in a public facility or high volume pedestrian or sports complex area
iv) Working after normal working hours or emergency situations
v) Coordinating with other local utilities in conjunction with potential excavation
vi) Coordinating with sub-contractors, as may be needed
vii)Experience in obtaining municipal or state permits, as may be needed
viii) Setting up and properly using traffic control within a public right-of-way
ix) Preferred - working for a municipality, county or state agency in a similar capacity
b) Contractor shall, for the entire term of this RFP/contract, retain a currentlvalid State of
California A or B contractor license. All work shall be performed consistent with either
license requirements.
61 147.02t 00\12¡ì88815. I MSA page 19 Attachment 1, Page 24 of 51
c) Unless first approved otherwise by the Director or authorized representative, all
materials, products, removals and installation requirements related to public facilities
maintenance and repair services shall be pursuant and related to the applicable latest
standard for the Work. Approved standards shall be:
i) Current City approved standards* Building Code, Electrical Code, Plumbing Code,
ADA, etc.
ii) Latest Standard Specifications for Public Works Construction (Green Book)
iii) Latest state or federal standards or codes, as may be applicable and as approved by
the City
iv) Latest Industry standards, as may applicable and as approved by the City
v) Latest traffic control methods and devices, as approved by the City
d) Work shall includeo but not limited to, the following types of activities and requirements:
i) The Contractor shall be responsible for all necessary precautìons to prevent public
trespass ínto the work area, during and following construction and until such time as
the work area is complete and ready for public use.
ìi) Verify location of all existing utilities prior to beginning work. Contractor shall be
responsible for repair or replacement of any damaged utility, caused by the work.
iii) 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 reprcsentative.
iv) The 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) Per City Policy 601 , Contractor shall be responsible for acquiring services of a certified
Archeological Monitor during ¿my excavation in excess of 18 inches,
d) Contractor shall cornply with all City regulations regarding National Pollution Discharge
Elimination System (NPDES) requirements and the City's best management practices
(BMP's). Contractor shall not discharge anything to the storm drain, creek or adjacent
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
BMP's as may be necessary.
e) During construction the Contractor shall provide street sweeping as necessary to meet the
requirements of the City of San Juan Capistrano NPDES program.
Ð Contractor must take all due precautionary measures to protect all of the existing utilities.
When necessary, 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
6l r47.02 r00\128888 1 5. I MSA page 20 Attachment I, Page 25 of 51
Service Alert (USA). USA member utilities will provide the Contractor with the
Iocations of their substructures when given at least 48 hours' notice. Such requests
should be requested through USA @ 8l I or 8QO-227-2640.
3) Accentance of Work
The Director or authorized representative will make inspections and determine that the
work has been completed in all respects in accordance with these specifications.
4) Billinq. Records and Reports
(a) Contractor shall maintain a record of all work performed, including but not
limited to location and types and amounts maintained/installedlrcmoved. 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
Director/City shall pay net 45 days, unless otherwise agreed upon by the
DirectorlCity and the Contractor.
61 147.02100\1288881 5. I MSA page 2l Attachment 1, Page 26 of 51
EXHIBIT *B'
Schedule of Services
Installation date(s): Generally, throughout the year, as needed.
Remov¡l date: See above
NOTE: Dates may be flexible, pending weather related conditions and
Contractor/City operational needs. Actual start dates shall first be
approved by the Director of Public Works and Utilities.
ó1 147.02t 00\12888815.t MSA page 22 Attachment 1, Page 27 oÍ 51
EXHIBIT *C"
Compensation
From¡5,c rüi{.f s L LL
(coNTRACTOR)
To: Director of Public Works and Utilities, City of San Juan Capistrano
The undersigned, as proposer, declares he/she has carefully examined the location of the
proposed work and has read all requirements as described in the RFP, and hereby proposes and
agrees, if the proposal is accepted, to complete said contract in accordance with the RFP and
related MSA for the following costs noted herein.
Said arnounts are to include and cover all taxes, the performing of all the labor requisite 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,
described and shown in the RFPiMSA for the work. Contractor will not be required to pay for
permits on City projects.
Further, the undersigned proposer certifies that helshe has thoroughly checked the fïgures set
forth in this Exhibit C and that they are correct to the best of hisltrer knowledge and that they
constitute his/her complete proposal for the work required as noted in the RFP/MSA.
NOTES
1, All herein proposed yearly hourly $ rates shall be based on the full term noted in $ 3.1.2
of the MSA agreement.
2. Atl herein proposed yearly hourly $ rates shall includ el%for incidentaUnormal
material costs
Job cl¡¡¡lflc¡tlon
tor55
Y¡rr onr hourly $
rutr
Yrarwohourh.9
ruto
Yeüthrcr liourly
$ rrtr
Yrarlour hourly $
rtta
Yr¡rflvr hourly I
rtta
Conrtructlon
For€m6rt $l\4 $ I \q $ re4 s \aq s T35
loumoyPlumbor $ rQQ Ð å04 t; Dg ı 1t¿a)r\ |
ü åaD
,oumêy C.rpentrr $ \oB s \rÀ $ \ \l s raÀ $ tÀq
Joumay ElectÌhlsrr $ \q0 $ \15 $ \1ã $ \l 6 t å03
6r 147.02 t00\128888 l s. r MSA page 23
Attachment 1, Pâge 28 of51
$ \'o r.ì \-i o$$ \1b,ournlv Ory Wallor $ \5o \51$
$ \¿l $ \tq $ tu I
loumey Floorlng \ \33 $ \qc
s tbg $ \qb r ao3,ounGyConcllto s \1 5 $ \b']
\\4$strl $ raSlâborer$ ro3 $ ru?>
Yrrrthrm hourly
9ntr
Yrrrfour hourly $
¡ttr
Yr¡rflnhourlyS
nta
tob cla$lûcðtlon
forSAHS
Yrrr onr hourly $
ruto
Y¡¡rtYro hourly S
rtta
5 t 5u $ \u I
s\t t,tr â.$
Construc{on
Foruman $t sr ql
r.]Ð3 r âqDålPbb
Þ â13 $ arB,oumoy Plumbsr
$lroS $ r-r 35\4 r.e s \ 5t s\5bJoumey Catpsnter
$3to¡ :r¡slqrÌ$â r-l t Juã lo $Juâ 5D
.lourney Elac'trlclan
$ Àtv þ aa3 $ â3(]leo r s.l oq
toumeyOryWaller,
$arb $aar{sJoo s à oìç $ârÀ,oumey FlootlnS
$Jo3 såro ua rlJoumey Concr€to
$ \bg $ \q'*t
5\Llb $\sLl $ tbotâborcl
$ \ 3\p $ tq¡.
Yr¡rfourhourly$
trtr
Yrarlln hourly$
rata
Yeüon¡ hourly $
rrto
Yc¡r¡¡o hourly $
rËta
Yoar thrc hourht
I trtr
,ob cl.¡slffcat¡on
for fs
$\,, I $ l tútp lrr IConstructlon
Fofaman r\5\ 41 $\s',
I arß Þ âBs F.lq D
Joumoy Plumbor
1,t b $ål 3
{\5b $\rrrS $rr 3,oumêy c¡rpont€t $14 to s\ 6\
saua sCI rå\oa ¡p sàqLIJoumôy El€ctrlcl¡n
Éå \-l []\rà 5t)
$)e3 ÞÀ3{)Joumey OryWaller iåor s aol sà\\"
$À\b $aa4Journey FlooÌlnt $å oo $ã t r.p $arã
6l t47.02100\128888 15. I MSA page 24
Aftachment 1, Page 29 of 51
s âï\r b $ ågr: þaqqJoufn Ycondrla
h a¡e 5 Â5 3.
s \ qb $ \sLI l*tuo\ 3\t[¡borrr
ls 5 \11 À
Yrrr onr hor¡rly 9
rttt
Yr¡rtlro hourlv $
rrt
Yrarttrrrhourly
$ntr
Y¡¡rfour hourlyf
¡ttr
Y¡rrf,r¡¡hourty9
rrtr
Job clæ¡lftcrtlon
¡o¡'EAHS
$a \ ä,,$ tq 5 $ âoo $aosCon¡tn¡qtlon
Forrmrn $ \qc
s ?5+$ :aà $ 3¡l n34a.$ Stirloumcy Plumbtr
$ââ \
Joumøt çrlprnt€r f\t5 $ \qD s\1v så r 3
s 331 $ irl +3qr,oum.y ELctrlelan
S JHo 5 3ã1
sÀto\.¡$
"-1
3 S ãBD¡oumsyOryWâlhr s À1a,$ à51
Þ â35 $ ar-T s sâ5c,oumGyRoodnt q aÀ5 s à3D
5a\rr,\;bo $â.qq,ourrryConclÞtt $ e3B sâãà
$lbc f t?2S $lqcl¡bor¡r s t-l o $ t-1 5
Note: If an individual, so state. If a firm or co-partnership, state the firm name and give the
names of all individual co-partners composing the tìrm: President, Secretary, Treasurer, and
Manager thereof.
Dare:. i(tnt,¿cr"u eq .ôolb * se r'¡f ce s LLc-
Contractor name & title (print)Re.nte Ccrk z.f t\wm6y)w
MO-v'tct 3*o
(signature)
J
61 147.021 00\1288{18 I 5. I MSA page 25 Attachment 1, Page 30 of 51
å9oot M
Contractor/business address
Contractor/business phone number
Ch
5
(trq) 4or"zt t
Contractor 2417 contact phone number
(r ra) 4D r - 71tb
Contractor email
R c,or \+z-34 0 oo \tPrn
6t 147.021 00\12888815.1 MSA page 26 Attachment I, Page 31 of51
EXHIBIT *D'
Certificate of Compliance
State of California Prevailing Wage Law Requirements
The CITY has been advised that the Prevailing Wages Law applies to the work.
CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the
prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770
et seq., including the keeping of all records required by the provisions of Labor Code Section
1776 and the implementing administrative regulations. The CITY shall be a third party
beneficiary of the forgoing covenant with rights to enforce the same as against the
CONTRACTOR."ï;ìïãå"busi
ncss o'nd Ne vg'i oprne n-l S¿ vv icc 5 Lvt-/
I, , understand that I shall be responsible for
compliance in all respects with the prevailing wage rates to all the laborers involved, and with
Califomia Labor Code Sectian 1770 et seq., including the keeping of records required by the
provisions of Labor Code Section 1776 and with implementation of administrative regulations.
t Se rvr'c¿J L L L
Date Contractor name title (print) Rg.n.
, l,oV'VLf t{ana3rr
¿/lL¿Mcrlral {-ç
name (
b
)
6l 147.02 100\t 28888 I 5. I MSA page 27 Attachment 1, Page 32 of 51
Attachment I
STATEMENT OF EXPER¡ENCE
This page to be completed by the Contractor and submitted as part of this RFP
e
^êompanyf onfl-tlc_
Se rvícrs LxL
'1
namet
Company ress
(.r rq) L{o r - ,â-1 r Fr
Company telephone number
Company e-mail
List all contracts of a similar type - either currently held or held within
the past 4 years.
PERIOD OF
CONTRACT
(FROM'TOI
PUBLIC
AGENCY'COMPANY
CONTACT NATNE AñID PHONE
NUftlBER CONTRACT AII/IOUNT
ÀüT3/ âD \4.Pri Va\. re sic,\er*lrr<. a Shi -\ e¿ ( qt-{qbçc rr.sn-$ \ ,s rni \J t)
åuts/¡ott"C,ilu o1 $"....)u.'rir-, 0ai , ûcu,L pi.5[icin(,ra,r¡4a3 r-sb 4 k) 00. c[Ð .oo
Âtlch. I page I of I
Attachment 1, Pâge 33 of 51
BUS¡NESS LICENSE APPLICATION
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
IA/1AA¡Ú. SAN J UANCAP I STRAN O. O RG
APPLICATIONS ARE ACCEPTED
IN PERSON OR BY MAIL:
MON.-THUR. 7:304M-5:30PM
FRIDAY 7:304M-4:30PM
(949) 493-1615
(l t,l Ll ì-\tices
t0) rlrl\rkL34LLCeonSole
ctA
State:ãip
Qa ø't3
City:
.1fir.r Jr,,tcr,.,, (t Ar,:QBn\ Morvr.vr.hbrivr
Business Location;
City:
ST n.Lurn0r,.r.rr \kffir,rro
State:
C/h qâtr'1S
zip:fr¡a¡iing Address:
,åq?-,0 \ f't orrr.v-r|, ùr'iv¿
Aoolication ls For:
l-lru"* Business Change of Ownership Business Name Change
Write Previous Address, Ownership, or Business Name:
of Address
Business Start Dateïoday's Date:
J Urr"r cÀ,v-u .0cl Ä 0 ìP''
lf business is located in SJC,
approximate sq. footage of space:
No. of Employees:J
.1
,
Type of Business (Be Specific):
trc{røro" \ Con trc\Lþ y^
State Contracto/s License No-:
CON RACTOR'S I.ICINSF # T{EQUIR$D FC]Iì VL,RIfJICATION PURSUANT TO AI}2823 q_1 Li c1 3L\
EIN
4te 3tpbrlls
State Sales Tax lD:FEIN:
r.1€-ûe Y \L1-
Email Addréss: ^
Qr t)rk ¿, 3¿ì d ao \'corilSSN (lf Sole Ownership Only):
c.n
State:zip:úìðir]:\City:
Sn
".,
.\r,tcu¡ l,crv,
Home Address:
,-þrØD\ M r.,^,;rn.,,h iVi,rr-
Please List lnformation Regarding Officers and Titles:
Phone No.:
t 1r't) 4Ùt ' ål r?¡
Title:
Mû,r¡ftt\ t l,'-
*u"'Rarrr' (¡rr\e ¿
Title Phone No.Name
outside agency laws, permits or licenses. I also understand that License Certificates issued pursuant to the provisions of the San Juan Capistrano
Municipal Code Title 3- Business Licenses requires the City License Collector to add penalties for failure to pay a business license fee. I certify
Print
license application does not authorize me to operate fulfilled requirements of all applicable City andI understand
of this business.under penalty of perjury that the above information is correct and I am an
E Denied By:[1 Approved By:Date of Zoning
Determinalion
Attachment 'l , Page 34 of 51
Page L - PLEASE COMPLETE REVERSE SECTION
INCOMPLETE APPLICATIONS WILL NOT BE REVIEWED AND MAY BE RETURNED TO THE APPLICANT
FEES MUST ACCOMPANY THIS APPTICATION. PLEASE CATI OUR OFFICE FOR TOTAI AMOUNT DUE.
PLEASE MAKE CHECKS PAYABTE TO: THE CIW OF SAN JUAN CAPISTRANO.
",il3.i il-i j ::{,¿::i :.'.1i:l:
Wll þusiness be conducted in your home? (Requires Home Occupation Permit if in City of SJC)Yes No
Kl*"lf new business, will you be displaying a sign? (Requires a Banner App. or Sign Permit)Yes
El*"Do you plan to solicit? (Requires proof of tax exempt status, list of names, times and locations)
El*"Will you be vending from a vehicle? (Requires Vendor Permit)
ffiru'Are you participating in a special event as a concession or vendor in SJC?
lf yes, list lhe name of the event:
-ii'-
Application Processing Fee:
No. of Professional Employees:
(e.9., Accountants, Doctors, Denlists, Lawyers)
No. of NonProfessíonal Employees:
No. of Vending Machines:
No. of Housing / Commercial Units:
Disability Access Fee (Pursuant to SB 1186):
Other (Flat rate):
$at op
=$qpg Ll g
D
o
._9_x $1.00 = 0
$25.00= $ àä . oo
=s to6 4ß
Base Fee
!-x $1.00 =
... = $ 1.00
Sub Total.
Late Fees (if applicable).
Total Amount Due.
:i11 :::v1 :li::::::::Y = $ LrLì q b
.ê-x$5,00= '[ 19 " 00
Buslneee Llcense No.SIC Code:NPDES:
NLP NMP N HP
Received By:Received Date:
Amount Paid:Receipt No
fl Check No.[] Credit Card Ref. No.:E Cash
Notes:
Page 2 - BUSINESS LICENSE APPLICATION
Attachment 1, Page 35 of51
Business Llcense
Taxes
s25_00 Annual
$25.00 EachProfessonâl Emo OVêêS le.o Doctors. Dentists. Lawvers. CPA)
s5_oo Eâch
$12.00 Annualfor
$25.00 Annualre-R
$15.00 AnnualHousinq - First 4 Units/ Spaces
s1.00 Eachpace
$8.00 Annual,rts and Cfafts TgaChêfS loxculdos publio, parochial or Þrivato school toachors)
s25.00 AnnualAucfioneerino anel Auction Sales*
Merchan $50.00 AnnualMerchant
s20,00 Annuali Serv
$12,00 EachAdditional Vehicle
$25.00 AnnualVendinoof
Each thousandAdditional1$1.00
Varies Annual-B
$5.00 Annual)ut of Town Businesses
$5.00 ,Annual
Taxes: Proration - New Businesses Located within the Git
10}o/oJanuary - March
75%April - June
50%July - September
25o/oOctober - Decemþer
Fees
AoDlicâ Annualnessocated within ß44.48
$l { _30 AnnualAonlicast oo Annual86t
Per Reouest$44.48- Business located within theLicense
$5.00 Per RequestDuolicatino License
$1 1.30 AnnualRenewal
No Fee AnnualHome
$180.01 AnnualNPDES Business lnspection Fee
As Reouired$180.01Subseouent visit (if required, for every two inspecl
$40.35 AnnualFood Truck Vendor Permit Fee
s332.10 EachVendor Code Enforcement
Business License lnformation
$15.41 Per ReouestComplete r
Per Reouesls15.41romolete Listino bv Address
s10 28 Per ReouestNew
$15.41 Per RequestListinor
Per Reouesls10 28
terâpy Licsnce*
s25.00 AnnualMinimum Base Tax
Annual544.48,pplication Processino Fee
$5.00 AnnualDuolicatino License
$11.30 AnnualRenewal
or Commercial
Permits
s57.94 Per Permit
s28.97 Per Activitv
No Fee Annual- Annual
Uses - Public Facilities (with a crew of 2 or more)
$573.16 Per Davinteriors
s344 51 Per Dav
$115 87 Per Davinside or
City of San Juan Capistrano Schedule of Fees and Charges
Business License and Filming Permits Fees Summary
lf you need further ass¡stance, please contact the business license St€fffr'ätr(9al9f493-1515.
Attachment 3
lnsurance Form
Attach valid, current liability insurance form here, as attachment 3
See specific requirements on pages 6 & 7, $ 3.2.11 (A) & (B) of the Maintenance
Services Agreement. ,VOIF; The Cìly of $an Juan Capistrano must be named as
addítíonally insured.
Attch. 3 page 1 of I
Attachment 1, Page 37 of51
Attachment 4
State of California Contractor's A or B
Attach copy of valid, current licenses here.
#-ç.,-* r,ol3f,H,Blo$o*o @
. ^ ú?4934 !* lNoiv
..."-,...,.. UNITED BUILDING AND
IEVÊiOPMETT SERViCES
'-rr""trt""' B -#+,ffih
ei.lffit:J¡r6!t ,
iÊåtm¡*¿'' r¡'.' ¡'.', n',o7l31 /2 0'l I www.cslb.ca.gov
Attch. 4 page I of I
Attachment 1, Page 38 of 51
q NEW VENDOR APPTICATION FORM
Please type or print in black ink. All vendor information must be complete
and this application must be signed. A completed and signed Wg form must
accompany this application.
Businêss lnformation
Company Name:
\(¿,r u ifs L
Address
Í
$tandard Terms
Net 30 X)2o/o 1O Net 30 ( )Other
Current California Contractors License(s):
Type:
Type:
Type:
b Number: ql L1q3tl
Company Ownership
Sole Proprietorship Partnership
-
Gorporation
-
Other*L$l
Number:
Number:
Email Address:Q r'.or[o {¡-\Án,:\ ¿orr Website:
Federal Tax lD
Number:4tr"3lPbl3\ 5
State Tax lD:
$ocial $ecurity
Number:
Type of Business
f,bY*rac,lc r
Attachment 1, Page 39 of 51
,",,. lllf-9
Náme (as shown on your ¡ncom€ tox rêtuan)
Buôinosg nâmo, if lrom above
Request for Taxpayer
ldentification Number and Certification
LLc-
Give form to the
rsquester. Þo not
send to the IRS-
Exempt
p€\yso
RêquËðtor'a nâms and qddr€âc (opliôndl)
åoclel eøcurity number
or
(Fsv. OêtÖb€r 2007)
DepdÌtmonl ol lho Trê@ury
lntánôl Revoôue gowico
c{
d)ı)(úo.
ço
a¡9Àx\.Ë:ooc
Ëü
o.o
tÉ
rJ
ú,ltth
a)oü)
{e
Lièt âooounl numbe(s) hêre (optionâl)
Ëntêr your TIN in the appropriato box. The TIN prov¡ded must match the namo given on Line 1 to avoid
bâckup withholding. For individuals, this is your social security number (SSN). However, for a resident
allen, solê propriôtor, or dlsrêgarded entity, see the Part I inslructions on page 3. For other entitieô, it is
your omployer identificalion number (ElN). lf you do not have a numbot, see How to get a I/N on pago 3.
Note. lf the account is in more than one nqme, see the chart on page 4 for guidelines on whose
numbêr to êntor.
Dare Þ //*
Under penâlties of perfury, I certify thât:
1 . Thê number shown on lhis form ¡s my correct tâxpayer identification number (or I am wait¡ng for a number to be issued to m€), and
2. I ûm not subject to bâckup withholding because: {o) I am exempt from backup withholding, or (b} I have not been notifiod by the lnternal
Revenue Service (lBS) that I âm subject lo backup wíthhold¡ng as a result of a failuro to report all interest or d¡vidends, or (c) the tRS has
notified me that I am no longer subject to backup withholding, and
3. I âm a U.$. cilizen or othör U.S. person (defined below).
Csrt¡ficataon instructions. You must cross out item 2 above ¡f you have been nol¡fied by the IFS that you ar€ currently subject lo backup
w¡thholding because you havo fail€d to report alt interest and dividends on your tax return. For reâl estats transactions, item 2 does not apply.
For mo*gage ¡nterest pûid, aoquisition or abandonment of eecured properly, cancellâtlon of debt, conftibutions to an individual retirement
arrangement (lRA), and generally, payments other than lntorest and dividends, you are not required to sign the Certification, but you must
providê your corect ïlN. See the on page 4,
Sign
Flere 3
General Definitlon of a U.9. pereon. For federal tax purposês, you are
considered a U.S. person if you are:
ô An individuâl who is a U.S. citizen or U,S. resident alien,
¡ A partnership, corporation, company, or associalion created or
organized in the United States or under lhe laws of the United
$tates,. An €statê (other than a foreign estate), or
o A domestic trust (as detined in Flegulations section
s01.7741-7).
Speclal rulee for partnershipe. Parlnerships thât conduct a
trade or business in the United States âre generally required to
pay a withholding tax on any foreign partners' share of income
from such þusiness, Further, ¡n certâ¡n cases where a Form W-O
has not been received, a partnership is required to presume that
a partner is a foreign por$on, and pay the withholding tax.
Therefore, if you are a U.S. person that is a partnêr in a
patlnership conducting a trade or business in the United States,
provide Form W-9 to the partnership to establish your U.S.
status and avo¡d withholding on your share of partnership
income.
The person who gives Form W-9 to the partnership for
purposes of establishíng its U.S. status and avoiding withholding
on its allocaþle share of net income from the partnership
conducting a tradê or business in the United States ìs in the
following cases:
o The U.S. owner of a disregarded entity and not the enlity,
Section references are to
othen¡rise noled.
Purpose of Form
A person who is required to file an informalion return with the
lB$ must obtain your correçt taxpayer identification number OIN)
to report, for example, income paid to you, real estate
trangactions, mortgage intorest you paid, acquisition or
abandonment of secured propony, cancellation of debt, or
contributions you made to an lRA.
Use Form W-9 only if you are a U.S. person (including a
resident alien), to provide your correct TIN to the person
requesting ¡t (the requêstêr) and, when applicable, to:
'l. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued),
2. Certily that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S.
exempt payee. lf applicable, you are also certifying that as a
U.S. person, your allocable share of any partnership income from
a U.S. trade or business is not subject to the wíthholding tax on
foreign partners' share of elfectively connecled income.
Note, tf a requoster gives you a form other than Form W€ to
request your TlN, you must use the requester'$ form if it is
substantially similar to this Form W-9.
lnternal Revenue Code unless
box:lndividuol/Sole nproprietorCorpor.¡l¡on Pûrtnorôhip
Ënter tdx clâsâìfic¿*ionthècompany.(D=diaregardecl C=corporat¡on,êntily,P=partn6rehip)
(number, âlrê6t, and apt. Õr 6u¡te no.)Addre€a
Qâur
ciry,
TL
end ZIP code
Part I
Employor ¡dGnl¡l¡cslion numbsr
Part ll
Slgnature of
U.9. pereon Þ
Cût. No. 10231X Attachment 1q@ag[,14(ftf@. 1 0"2007')
Fo¡m W-9 (Røv. 10-2007)Pago 2
¡ The U-S. grantor or other owner of a grantor trust and not thê
trugt, ând
o The U.S. trust (other than a grantor trust) and not the
beneficiaries of the trust.
Foreign person. lf you are a fore¡gn person, do not use Form
W-9, instead, usê thê appropriatê Form W-B (see Publication
515, Withholdìng of Tax on Nonresident Aliens and Foreign
Entities).
Nonrecadênt a¡len who becomee a resident alien. Generally.
only a nonresident alien individual may use the terms of a tax
treáty to reduce or eliminate U.S. tax on certain typès of income.
l-lowever, most tax treaties contain a provision known as a
"saving clause," Exceptions specified in the saving clause may
permit an exemption from tax to continue for cerlain types of
income even after the payee has otherwise become a U.S.
res¡dênt alien for tax purpos€s.
lf you are a U.S. resident alien who is relying on an exception
contained in the sav¡ng clåuss of a tax troaty to claim an
exemption from U.S. tax on certain types of income, you mu_st
attach a stal€ment to Form W-9 that specifies the following five
¡tsms:
1. The treaty country. Generally, this must be the same treaty
under which you claimed exemption from tax as a nonresident
alien,
2. The treaty article addressing the income.
3^ The article number (or location) in the tax treaty thât
contains the saving clauso and its exceptions.
4. The type and amount of income that qualifies for the
exemption from tax.
5. Sufficient facts to just¡fy the exemption from tax under the
terms of the treaty article.
Example. Article 20 of the U.S.-China ìncome tax treâty allows
an oxêmption from tax for scholarship ¡ncomê rsc€ived by a
Chinese student temporarily presênt in the United Statss. Under
U.S. law, this student will become a resident alien for tax
purposes if his or her stay in the United Slates exceeds 5
calendar years. However, paragraph 2 of the first Protocol to the
U.9.-China treaty (dated April 30, 1984) allows the provisions of
Article 20 to continue to âpply sven after the Chinese student
b€comês a resident alien of the United Stales. A Öhinese
student who qualilies for th¡s êxception (under paragraph 2 of
the first protocol) and is relying on this exception to claim an
exemption from tax on his or her çcholarship or fellowship
income would âttach to Form W-O a statement that includes the
information described above to support that exemption.
lf you are a nonresident alien or a foreign ent¡ty not subject to
backup withholding, give the rêque$ter the appropr¡ate
completed Form W-8.
What ie backup withholding? Persons making certain payments
to you must under certain conditions withhold and pay to the
IRS 28% of such payments. This is called "backup withholding."
Paymênts that may be subject to backup withholding include
¡nterest, tax-exempt interest, dividends, broker and barter
exchange tfansaclions, rênts, royalties, nonemployee pay, and
certain payments from fishing boat operalors. Real estato
transaciioñs are not subject to backup withholding.
You wilt not be subject to backup withholding on paymênts
you receive if you give the requester your conect TlN, make the
proper certifications, and roport all your taxable interest and
d¡vidends on your tax return,
Payments you receive will be subject to backup
wlthholdlng if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the Part ll
instructions on page 3 for details),
3. The IRS tells the requester that you furnished an incorrect
TIN,
4. The IRS tells you that you are subject to bacltup
withholding because you did not report all your interesl and
dividends on your tax return (for reportable interest and
div¡dênds only), or
5. You do not certify to the requesìer that you are not subject
to backup withholding under 4 above (for reportable interest and
dividend accounts opened after 1983 only).
Certain payees and payments are exempt from backup
wilhholding. Sse lhs instructions below and the separate
lnstructions for the Requesier of Form W-9.
Also see Specia/ rules for partnershþs on page 1.
Penalties
Failure to furnieh TlN. lf you fail to furnish your correct TIN to a
requester, you aro subject to a penalty of $50 for each such
failure unless your failure is due to reasonable cause and not tô
willful neglect.
Civil penalty for false information wlth reepect to
wilhholding. lf you make a false statement with no reasonable
basis that results in no baekup withholding, you are subject to â
$500 penatty.
Qriminal penalty for falsifying information. Willfully fatsifying
certifications or âfiirmâtions may subject you to criminal
penaìties including fines and/or imprisonment.
Mieuee of TlNe, lf the requester discloses or uses TINç in
vìolalion of federal law, the requester may be subject to civil and
criminal penalties.
Specific lnstructions
Name
lf you are an individual, you muet generally enter the name
shown on your income tax return. Howover, if you have changed
your last name, for instance, due to marriage without informing
lhe Social Security Administratìon of the name change, enter
your first name, the last name shown on your social security
card, and your n€w last name.
lf lhe account is in joint names, list first, and then circle, lhe
narne of the person or entily whose number you entered in Part I
of the form.
Sole proprietor. Enter your individual name as shown on your
income lax return on the "Name" line. You may entet your
business, trade, or "doing business as (DBA)" name on the
"Business name" line.
Limlted liability company (LLC). Check the "Limited liability
company" box only and enler the appropriate code for the tax
classification ("D" for disregarded entity, "C" for corporation, "P"
for partnership) in the space provided.
For a single-member LLC (including a foreign LLC with a
domostic owner) that ìs disregarded as an entity separate from
its owner undêr Rêgulations section 301.7701-3, enter the
owner's namê on the "Name" line. Enter the LLC's name on the
"Business name" lins.
For an LLC classified as a partnership or a corporation, enter
the LLC's name on the "Name" line and any business, trade, or
DBA name on the "Business name" line.
Other entitiee. Enter your business nâms as shown on required
federal lax documents on the "Name" line. This name should
match the name shown on the charter or other legal document
creatlng the ent¡ty. You may €nler any business, trade, or DBA
namg on the "Êusiness name" line.
Note. You are requested to check the appropriate box for your
status (individual/sole proprielor, corporâtion, êtc.),
Exempt Payee
lf you are oxempt from backup withholding, entÊr your name as
describêd above and check the appropriate box for your status,
then check the "Exempt payee" box in the line following the
business name, sign and date the form.
Attachment 1, Page 41 of 51
Form W-g (Rov. 10-2007)Paqe 3
Generally, individuals (including solô propr¡stors) are not exèmpt
from baikup withholding. Corporations are exempl from backup
withholding for certain pâyments, such as intêrost and dividends'
Note. lf you are exempt from backup withholding, you should
still complete this form to avo¡d possible erroneous backup
withholding"
The following pí¡y€qs âre exempt from backup withholding;
1. An organization exempt from tax under section 501(a), any
lRA, or a custodial account under section 403(bX7) ìf the account
satisfies the requirements of section 401(fX2),
2. The United States or any of its agencies or
instrumentalities,
3. A state, the District of Columbia, a possession of lhe Un¡ted
States, or any of their political subdivisions or inslrumentalities,
4. A loreign government or any of its politioal subdiv¡sions,
agencies, or instrumêntalities, or
5. An intemational organizat¡on or any of its agencies or
instrumentalitios.
óther payees that may bo exempt from backup withholding
include:
6. A corporalion,
7. A foreign cenlral bank of issue,
B. A dealer in securities or commodities required to register in
the United States, the Dislrict of Columbia, or a possession of
the Un¡ted States,
9. A futures commission merchant reg¡stêred with the
Commodity Futures Trading Commission,
10. A reat estate investment lrust,
11. An entity regislered at all times during the tax year under
thê lnvêstment Company Act of 1940,
12. A common trust fund operat€d by a bank under seclion
584(a),
13. A financial institution,
14. A middleman known in the investment community as a
nominee or custodian, or
15. A trust êxêmpt from tax under seclion 664 or described in
section 4947.
the chart below shows types of paymênts that may be
exempt from backup withholding. The chart applies to the
exempt pâyees listed above, 1 through 15.
lF the payment ia for THEN the pâymsnt aô exompt
Interest and divìdend pâyments All exempt payees excêpt
for I
Broker transactions Exompt payees 1 through 13.
Also, â person regist€rêd under
th6 lnvestmgnt Advieers Açt of
1940 who regularly acts âs a
broker
Barter exchângo trânsactiong
and patronage dividends
Exempt payees 1 through 5
Part l. Taxpayer ldentification
Number FIN)
Ënter your TIN in the appropriate box. lf you are a residont
alien and you do not have and ar€ not eljgible to get an SSN,
your TIN is your IRS individual taxpayer identification number
(lTlN). Enter ¡t in the social security number box. lf you do not
have an lTlN, see How to get a I/N below.
lf you are a sole proprielor and you have an ElN, you may
enter either your SSN or ElN. However, the IRS prefers that you
use your SSN.
lf you are a single-member LLC that is d¡sregardsd as an
ontity sêparâte from its owner (see Limited liability company
(LLC) on page 2), ênter the owner'$ SSN (or E¡N, if the owner
has one). Do not entêr the disregarded ontity's ElN. lf the LLC is
classified as a corporation or partnership, enter the entity's ËlN.
Note. See the chart on page 4 for further clarificalìon ol name
and TIN comþ¡nations,
llow to get a TlN. lf you do not have a TlN, appty for one
immediately. To apply for an S$N, get Form SS-5, Application
for a Social Secur¡ty Card, frorn your locål $ocial Security
Adminìstration office or get th¡s form online at n/ww.ssa.gov. You
may also get this form by calling 1-800-772-1213. Use Form
W-7, Application Tor IRS lndividual Taxpayer ldentification
Number, to âpply for an lTlN, or Form SS-4, Apptiöätion for
Employer ldentification Number, lo apply for an ÊlN. You can
apply for an EIN online by accessing the lR$ website at
www.ìr$. gov / businesses and cl icking on E mployer ldentification
Nurnber {ElN) under $tarting a Business. You can get Forms W-7
and SS-4 from the IRS by visiting www.irs.gov or by calling
1 -800-TAX-FORM (1 -800-829^3ô7ô).
lf you are asked to complete Form W-9 but do not have a TlN,
write "Applied For" in the space for the TlN, sign and date the
form, and give it to the requêster. For interest and dividend
payrnents, and certain payments made with respecl to readily
tradable instrumenls, generally you will have 60 days to got a
TIN and givo it to the requester beforo you are subject to backup
wìthholding on payments. The 60-day rule does not apply to
other types of payments. You will be subject to backup
withholding on alt such payrnents until you provide your TIN to
the requesler.
Note. Entering "Applied For" means that you have already
âppliêd for a TIN or that you intênd to apply for one soon,
Gaution: A disregarded domestíc ent¡ly that has a foreign owner
must use the appropr¡ate Form W-8.
Part ll. Certification
To establish to the withholding agent that you are a U.S. pêrson,
or resident alien, sign Form W-9. You may be requested to sign
by the withholding agent even if items 1,4, and 5 below indicale
othsrwise.
For a joint account, only the person whose TIN is shown in
Part I should sign (when required). Exempt payêes, see Ëxempt
Payee on page 2.
Signature requirernenle. Complete the certification as indicated
inlthroughSbelow.
'1. lnterest, dividend, and barler exchange accounts
opened before 1984 and broker accounta conaldered actlvo
durinq 1983. You rnust give your correct TlN, but you do not
have to sign the certification.
2. lnterert, divldend, broker, and barter exchange
accountB opened after 198Xì and broker accounts coneidered
¡nacllve durlng 1083. You must sign the certification or backup
withholding will apply. lf you are subject to bâckup wilhholding
and you are merely provid¡ng your correct TIN to the requester,
you musl cross out item 2 in the cortif¡cation bêfore signing the
form,
Payments over $600 required
to be reported and direct
6ales over $5,000'
Generally, e4empt payees
1 through 7'
'9ee Form 1Ogg-MlSC, Miscellaneous Incomo, and its inetruciiong,tHo*.u.r, the tollowing pâyôonts mâde to a corporation (including grooe
proceeda pá¡d to on attornêy uñdor s€olion 6045(fl, even if the sttofnêy ¡E û
corporat¡on) snd r€portablê on Form 1099-MISC ârc not ôxempt from
bûckup w¡thholding: m6dlool qnd health cor€ poymonts, attomeys'feos, ond
payrnônts tor asrvices paid by a fedaral executive agency.
Attachment 1 , Page 42 of 51
Form W-9 (Rev. 10-2007)Page 4
3, Real estale traneact¡ons. You must sign ths corlification,
You may cross out ilem 2 of the certification.
4. Other paymenls. You must give your corrêct TlN, but you
do not have lo sign the certification unles$ you have been
notified that you have previously given an ¡ncorrect TlN. "Other
payments" include paymênts made in the course of the
requester's trade or business for rents, royalties, goods (other
than bills for merchandise), medical and health care services
(including payments to corporations), paymonts to a
nonemployoe for servìces, payments to certain fishing boat crew
members and fishermen, and gro*s procêeds paid to attorneys
(including payments lo corporations).
5. Mortgage interest pald by you, acquieitlon or
abandonment of secured property, cancellallon of debt'
quâl¡tled tuition program paymento (under æcllon 529), lRA,
Coverdelt EBA, Archer M8A or HSA contributione or
dlstrlbutlone, and penôlon dlslrlbutlone. You must give your
conect TlN, bul you do not havo to sign the certification.
What Name and Numbor To Give the Requsster
For this of accounlr Givs nams and 88N ofi
$ecure Your Tax Records from ldentity Theft
ldenl¡ty theft occurs when someone usês your personal
informalion such as your name, social secur¡ty number (SSN), or
other identilying information, without your permission, to commit
fraud or othêr cr¡mes. An identity thief may use your SSN to get
a job or may file a tax return using your SSN lo receive a refund.
To reduce your riskr
o Protect your SSN,
o Ensure your employer is protecting your SSN, and
o Be careful when choosing a tax preparer.
Call ths IRS al 1-800-829-1040 if you think your identity has
been used inappropriately for tax purposes^
Mctims of identily theft who are experiencing economic harm
or a system problem, or are seeking help in resolving tax
problems that have not bêên resolved through normaì channals,
may be eligible for Taxpayer Advocate $ervice (lAS) assistance.
You can reach TAS by calling the TAS toll-free case intake line
at 1 -87 7 -7 77 - 47 7 I or ÏTY l'f DD 1 -800-829-4059.
Protoct yoursêlf from suspicious êma¡ls or phishing
schemes. Phishing is the creation and use of email and
websites designed to mimic legitimate business emails and
websites. The most common act is sending an email to a user
falsêly claiming to be an esÌabtished legitimâte ênterpr¡se in ân
attempt to scam the user into surrendering private inlormation
thåt will be used tor identity thôft.
The IRS does not in¡t¡ate contacts with taxpayers via emails.
Also, the IRS does not requost personal dêtailed information
through email or ask taxpayers for the PIN numbers, passwords,
or similar secret access information for their credit card, bank, or
olher financial accounts.
lf you receive an unsolicited email claiming to be from the lRS,
fon¡rard this message la phishing@irs.gou. You may also report
misuse of the IRS name, logo, or other IRS personal property to
the Treasury lnspector General for Tax Admin¡stration at
1-800-366-4484. Yôu can forward suspicious omails to the
Federal Trade Cornmission a't: spam@.uçe,gov or contâct them at
www.consu mer.gov / i dtheft or 1 -877-IDTHEFï(438-4338).
Visit the IRS website ai wwwjrûgov to learn mor€ about
identity theft and how ìo reduce your risk.
1, lndividual
2, Two or moro individuale (loint
account)
3. Cuglod¡an acôount of â m¡not
(Unlform Gift to M¡nô¡'6 Aöq
4. û. Thè u6uãl r€vocqblô âov¡ngs
truôt (grântor is âlso truEtôð)
b. So-called lruet qooount thât io
not 4 legal or valid truet under
êtôtè law
5, Sole propr¡åtorsh¡p or diôr€gard€d
ont¡ty ownod by ân ¡nclividudl
The ìndividual
Th6 actual ownêr of the account or,
if combined funda, lhe fìrat
ind¡vidual on the account'
Ths minor'
The grantor-truatee'
The aotuql ownor'
The ownsr '
For thle tyÞe of account:
6. Disrêgorded erìtity not owned by an
individual
7. A vqlid lruat, oolât€, or pens¡on trust
8. Côrporâtê or LLC êl€cting
corporate 6tâtus on Form 8932
9. A¿ôociûtion, club, 16ligious,
charitablè, educâtional, or olhêr
tâx-€x9mpt orgqnization
10. Partnerohip or mulli-m6mbêr LLC
11, A broker or regiðtorêd nominee
12, Account w¡th tho Depâdment of
Agriculturo in th6 nâmó of a public
ontity (such ao a otûtê ôr locâl
gov6Ìnmênl, rchool district, or
prioon) lhat recoivês âglculturâl
progrqm psymonts
Glve name and EIN oft
Thö ownor
Legal entity {
The oorporation
Tho organizo.tion
Tha porlnêrship
The þroker or nominee
Thê public ontity
Liot liÞt ond clrclo thê nqme ot thå p6Íæn wtìooe number you lumiôh, It only ons potson
on o Jolnt cccount hÂa on gêN, lhÂt poÞon'o numbor mvot be furniohed.
2clrcle the min*'s nûm€ ond lumlth ths minor'o ggN.
3You muot ohow your indlv¡duol nme qnd you môy qloo oñter your bwineoo or "OBA"
¡ome on lho eecond ntmo l¡ng. You moy we €¡lho¡ youl ggN or EIN (¡t you hove onE),
bul lhe lR9 oncou(qg€Ð you to use your 99N,
¡ Uôt fret ond circle the ¡ome ol the truet, 6stol6. or ponÖ¡on truôt. (Do not fumioh the TIN
of th6 porsond roprsosntqt¡ve qr lrueloo unleæ lhe ¡egql ent¡ty itsolt ¡o not dssignqtsd in
tho sccourìt t¡tt6.) Alôo rê6 9pæiá.1rulæ lorpa¡tfleëlîþg on pÂgo 1.
Note. lf no name is cìrcled when more than one name ¡s listed,
the number will be considered to be that of the first namç listed
Pr¡vacy Act Notice
Ssction 6109 of the lnlernal Fìevemle Code requir€e you to provid€ your corr€ot TIN lo pórâorlo who muet líls information raturna wilh thê IRS to r€pon ¡nt€rêst,
dividênds, and cârtâin ôthor income pqid to you, mortgâgê intoreat you pûid, th€ acquiôition or obandonmont of €6êurocl propsrty, oanoollolíon of dèbt, or
contr¡butiono you made to ân lRA, oi Archer MgA or HgA. The lng uoes the numbôre lor identil¡cation purpoeea and to holp vot¡fy the âccuraoy of your lâx teturn.
The IRS may âleo provide this information to the D€padment of Jr¡êticé for civil and ôÍminâl litigat¡on, ând to cilise, êtot€8, the Districl of Columbiâ, and U.S.
pog8oBsions to oorry out thê¡r lox laws. We may ulao disclose thia informátion to olhor countriot und€r a lox tr€aty, to federql snd stato agenoioo to onforoe fedêrÂl
nôntâx odmìnal lawo, or tÒ fâdóral l¡rw onlorcomont dnd intâlligonce agencieo to combât tô¡ror¡srll.
Yôu must provide your TIN whelhor or not you are required to lilÊ o t€rx retum. Payêrs muat genololly wilhhold 28% of toxâblo inle¡es!, dividend, and c€rtoin oth€r
pâyrîanta to a paye6 who doea not give q TIN tô â pay6r. Certain pónâltioô mây û160 apply.
Attachment 1, Page 43 of51
Attachment 7
List o.l-Fguipfnent
Contractor's Name Company 0'n0'
IILL
qev'
0
Company Address
\ r.l 4
rV 5ü"\-l is Ch q-3b1 î'J
\-,|
Company one Number
List ALL equipment and vehicles, owned bv thg.Çq,nìparly. which will be used during the
full term of this contract, (Add additional pages to Attachment 7, as necessary)
Truc,,lCTov otn .I t,rnr\r6. _â ü0*1
Attch.7 page 1o1'l
Attachment 't, Page 44 of 51
Attachment I
List of Su þcontractors 4O-d -Suppl ierq.
Name
u-ke
Company ame V\AnCr 3tv'
Juon s{trcrn o crlbl5
Company Address
4ot-'-1
I
Company one Number
List ALL Subcontractors and Suppliers which will be used during the full term of this
contract. (Add additional pages to Attachment 8, as necessary)
q l,\ea*n t'- u, In Cgqq\qqr--¡¿rÉxco \ É\eclnc .S n,n, \tr,'r.r-'' 0nnisìrrar
I
(qqq) 4bþ-{ì<î ,cl C.onronett .{2 0 RnY -l Olr.,È i.e.e.rÅ
lr, a<Lrrr,.n^-t ß¿c,rh 0A 4 )IilLìln vro* ¿lr
,
('rrq)ra l- rlLl \ É\pnrina0 e'rtìtieo\ll3ua [Jestrnìni\]cr
,JSte. b f"ø"åevr üro,{Tr", <|o--\\n{.ion
F\oov"ìr^ra .Ino.cÀ qÀbLt3
ràLl brtn {r )rrt,[' lq oql,.l3¿.1-c'fåbLAßgq 5q \,rhi Ìr oa K /\ v .JS-r lo îl\tn t "rciL\-
c.._.R. nm.h'c tl.o c'rno',,-'ro
nA Q \rln
[ltpr\ S-r3-r,ìqn Fl tr.i*L:e.v-Olrrrn n\r, Ç)ív^r.POYlox 1P,3\
[c,-n nÊpnr!I t',[\ qåtoâ4Pr:olec,tion
Attch. 8 page I of I
Attachment 1, Page 45 of 51
United Building and Development Services LLC
United Building and Development Seryices LLC acknowledges and accepts all terms,
agreements and requirements noted in the RFP Public Facility Maintenance and Repair Serviceso
January 2018.
.&'l'Lt / -o27* /A
29801 Monarch Dr. San Juan Capistrano, CA.92675
Attachment I, Page 46 of 5'l
United Buitding and Development Services LLC
United Building and Development Services LLC is a general contracting firm established
in San Juan Capistrano in 2012. Within the past six years we have constructed a multi-million-
dollar home on Peppertree bend, remodeled the exterior of San Juan Capistrano's city hall and
conducted numerous projects in San Juan Capistrano and its surrounding cities. This company
was created to specialize in maintaining, repairing, remodeling and constructing buildings for its
clients. We strive to be a transparent and honest company in all aspects of business.
,.ù-tu-'/'* "a9 " /tr
Manager
Attachment l, Page 47 oÍ51
United Building and Development Services LLC
Contact information:
United Building and Development Services LLC
29801Monarch Dr. San Juan Capistrano, CA 92675
Person authorized to submit proposal: Rene CortezlManager
Person assigned to complete proposal: Rene Cortez/lvlanager
t(714) 40r-27r8
rcortez34@aol.com
29801 Monarch Dr. San Juan Capistrano, CA 92675
Attachment 1, Page 48 of 51
DAlÊ (lvlllrt/oo/YYvY)
1r2St18
THÍS CËRTIFICATE IS ]SSUED AS A MATTËR OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. ÎHIS
GERTIFICATÉ OOES NOT AFFIRMATIVELY OR NEGAT]VELY AMËNO, ÊXTENO OR ALTER THE COVERAGE AFFORDEÐ BY THE POL¡OIËS
BELOW. TH|S cERTtFtcATE OF TNSURANCE DOES NOf CONST¡ÎUTË A CONTRACT BETWeEN THE ISSUING INSURER{S}, AUIHOR]ZEO
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDËR.
IMPORTANI: lt the certillcate holdor is an ADDII|ONAL INSURED, the polioy(les) must have ADI¡ITIONAL INSURED prov¡s¡ons or bo endorcód.
ll SUBROGATION lS WAIVED, subjoot to tho torms and condltlons ol the polloy, o€rta¡n polacies may require an endorsement. A gtâtoment on
th¡q ^arlll¡oÀlâ dôâc nôl âônlâr riðhlc tô th6 GôrtlÍIôatå hôldâr ln lieu ol sueh endorsêmentfsl.
PRODUCËR
Mark Benton lnsuranoe Agency lnc
P¡oudly SêN¡ng Cal¡romla Conlractots Sirrca 3ôoo
PO Box 800276
Dallas, TX 76380
L¡cens€:013?316
SHELLIÉ EENTON
800.8t4,2001 800-864-20't0
ËMAIL
AODRESS:CERrs@BEr{ToN.PRo
tNsuRER(St AFFORDTNG COVERAGE l'¡Arc s
INSURER A:AmTRusr INT'L UNoERwRrrERs LTD
INSURËD
Uì¡lTeo BuruorNo nND DËvËLopMENT SERVTCES
29801 Mo¡¡nRcH DR
$AN JUAN Cep¡srn¡¡¡o, CA 9267ı
INSURËR B:AMGUARD IilSURANGE
INSURER C:
INSURÊR D:
INSURER E:
INSURER F:
A<:tt Rt)
COVERAoES
CERTIFICATE HOLOËR
CERTIFICATE OF LIABILITY INSURANCË
CERTIFICATË NUMBER:REVISION NUMBÊR:
CANCELLATION
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENÏ WTH RESPECT TO ì¿ÏHICH THIS
CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDEÛ BY THË POLICIES DËSCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
FXIìI I I.qIr}NS ANN (]ÕNNITIÔNS ÔF.STJCH POI ICIFS I IMITS SHC]WN MAY HAVE BEEN REDUCED BY PA¡D C[-AIMS.
INSR
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MED ÊXP (Any ono person)s 6,000
PERSONAL & AÐV INJURV s 1,000,000
CÊNERAL AGGRËGAIË s 2,000,000
PRODUCT$. Ç.OMPTOP AGA s 2,000,000
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AND EII/IPLOYÉRS' LIABII-IÏY
ANY PROPRIETORIPARTNERiEXËCU'f MÊ
OFFICER/MEMBER €XCLUÞEO?
(Mandatory in NHI lf yes, d€scribe under
OÉSCRIPTION OF OPERATIONS bolow
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E.L. OISEASE.ÊA €MPLOVÉÉ $
E.t. Dr$EASe - POLTCY LrMn Þ
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$
DESCRìPllON OF OPERA-IIOI¡S / LOCATIONS MHICLES (ACORD f Ol, Addit¡onal Rêma¡ks SchcdulÊ, may b€ âttâchcd if mdê åpãce ¡s rcqu¡red)
fO DAY NoTIcE oF CANCELLATIOìI FOR NON-PAY, 30 DAY ALL OTHER
TnE CITy oF $AN Ju¡I GnpIsTRANo NAMED As ADD|TIoNAL INSURED FoR GENER,AL L'ABILITY PER ATTACHED SLANKET
ENDoRSEMENT FoRM #NXGL189 Oı/I1 wrx PRIMARY WonoIruO AND WAVËR OF SUBROGATION.
ANY OF THE ABOVE DESCRIBED POLICIES SE CANCÊLLED
THE çXPIRATION DATE THEREOF, NOÏICE WLL BE DELIVEREÐ IN
THE CITY OFSAN JUAN CAPISTRANO
!2400 P¡seoAoemruró
SAN JUAN CAPTSTRANo,CA 92676 MARK BENToN frl.'/-RË.PRESEÑTATIVE
WTH THE POLICY PROVISIONS.
acoRD 25 (20r5103)thâ ACORD nåmê ånd logo aro rog¡storod marks of ACORD @ regefvod.
pOLtCy NUMBER: XN107675500 COMMERCIAL GÊNE RAL LIABILITY
NX GL 189 05 1l
THIS ENDORSËMENT CHANGES THE POLICY. PIEA9E READ ¡T CAREFULLY.
BLANKET ADDITIONAL INSUREDS .
OWNERS, LESSEES OR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMËRCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organizatlon:
Any person or organlzatlon that the named ¡nsured is obligated by virtue of a written contract or
agrêsmont to provlde insurance such âs ls afforded by thís policy.
Location:
(lf no entry appears above, information required to complete this endorsement will be shown in the Declarations
äs appl¡cable to this endorsement.)
A. Sestlon ll - Who ls An lnsured is amended to include as an insured lhe person or organization shown
in the Schedule, but only lo the extent that the person or organízation shown in the Schedule is held
liable for your acts or omissions arising out of your ongoing operations performed for that insured,
B. With respect to lhe insurance afforded to these additional insureds, the following exclusion is added:
2- Exclusions
This insurance does not apply to "bodily injury" or'property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than services, maintenance or repairs) to be performed by or on behalf of
the additional insured{s) at the site of the covered operatìons has been completed: or
(2) That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of lhe same project.
C. The words "you" and "youC'refer to the Named lnsured shown in the Declarations.
PolicY Number XN107675500 Ëndorsement Effective: 912112017 12:01 a.m.
Named lnsured:
RENE CORTEZ. DBA: UNITED BUILÐING AND
DEVELOPMÉNT SÊRVICES
Counter Signed By;
r'-f i" \
l.:cf -q.¡l\,,, i,l+,.*.}. $ Vl.. " .
NX GL l8S 05 t1 Pagel oî2
lncludes copyrighted material of lnsurance Services Otfice, lnc., with its Ëdfdditñbh1 , Page 50 of 5't
POLICY NUMBER COMMËRCIAL GENERAL LIABILITY
NX GL l8g 05 l{
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT GAREFULLY.
D. The following are added to SGCTION V- DEFINITION$:
'Your work" means work or operations performed by you or on your behalf; and materials, parts or
equipment furnished ¡n connection with such work or operations.
E- The following additional provisions apply to any entity that is an insured by the terms of this
endorsement:
1. B¡i¡neryl&stt[lc
W¡th respect 10 the Third Party shown above, this insurance is primary and non-conlrîbuting. Any
and all other valid and collectable insurance available to such Third Party in respect of work
performed by you under written contractual agreements with said Third Party lor loss covered by
this policy, shalt in no instance be considered as primary, co-insurance, or contributing insurance
Rather, any such other insurance shall be considered excess over and above the insurance
provided by this policy.
2. Waiyer of Subroqation
lf required by written contracl or agreement: We waive any right of recovery we may have against
an entity that is an additional insured per the terms of this endorsement because of payments we
make for injury or damage arising out of "you work" done under a contract with that person or
organization.
ol 2
51 of51
NX GL 189 0ı 11 Pâge 2
lncludes copyrighted material of lnsurance Services Office, lnc., with its Pdlıdb*th1 , Page
CITY OF SAN JUAN CAPISTRANO
MAINTENANCE SERVICES AGREEMENT
1. P¡.Rrrns aNo Drrr.
This Agreement is made and entered into this lst day of April,2018 by and'betwéen.the;
City of San Juan Capistrano, a municipal corporation organized under the laws of the State of
California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano,
California 92675 ("City") and United Building and Development Services, LLC., a Limited
Liability Company with its principal place of business at 29801 Monarch Drive, San Juan
Capistrano, CA.92675 ("Contractor"). City and Contractor are sometimes individually referred
to as "Party" and collectively as "Parties" in this Agreement.
2. RBcrr¿,m.
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 Public Facility
Maintenance and Repair 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 Public Facility
Maintenance and Repair Services project ('oProject") as set forth in this Agreement.
3. Tnnus.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to fumish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Public Facility Maintenance and Repair
Services necessary for the Project ("Services"). The Services are more particularly described in
Exhibit "4" 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
MSA page I
Attachment 2, Page I of 16
3.1.2 Term. The term of this Agreement shall be from April 1,2018 to June 30,
2023, 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 therterm of this Agreement if necessary'to
complete the Services.
' " 3.2 Responsibilities of Contractor.
3.2.1 Control and Pa)'ment 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 perforrnance 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 incorporated 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 Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 Cit)¡'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 Representative. Contractor hereby designates Rene Cortez,
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.
MSA page 2
Attachment 2, Page 2 oÍ 16
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 staff, consultants and other
staff at all reasonable times.
3.2.7 Standard of Care: Performance of EmÞloyees: Contractor shall perform
all Services under this Agreement in a skillful and competenti:manner, consistent with the
standards generally recognized as being employed by professionals'inthe 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 enors 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 o'4" or "8" attached 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 Government Code Section 53069.85, Contractor shall pay to the City as fixed and
liquidated damages, and not as a penaltyo the sum of FIVE HUNDRED DOLLARS ($500.00)
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 dispute 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 Regulations: Employee/Labor Certifications. 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
CaIiOSHA requirements, and shall give all notices required by law. Contractor shall be liable
MSA page 3
Attachment 2, Page 3 of 16
for all violations of such laws and regulations in connection with Services. If 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 California subject to certain'pr.ovisions 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 publiclrcontraots 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 payment 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, indemnify 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 Eligibility: Contractor. By executing this
Agreement, Contractor verifies that it fully complies with all requirements and restrictions of
state and 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 flrve (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 F.mnlovment Elisibilitv:Suhcontrncfors Snh-
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 verifìcations
and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility: 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 City to
terminate the Agreement for cause: (l) failure of Contractor or its súbcontractors, sub-
subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1
or 3.2.10.2; (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);
MSA page 4
Attachment 2, Page 4 of 16
or (3) failure to immediately remove from the Project any person found not to be in compliance
with such requirements.
'
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which":
.,,¡rgQUl{9;Qyery employer to be insured against liability,;for Workers' Compensation or to undertake;il i. '
self-insurance in accordance with the provisions of that Code, and agrees to comply with such"' :
provisions before commencing the performance of the Services.
3.2.10.5 EqualOpportunit)¡Emplo)¡ment. Contractorrepresentsthat
it is an equal opportunity employer and it shall not discriminate against any subcontractoro
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 initial employment, 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 Califomia 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 and/or 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 TVater Oualit],.
(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 for 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 indemnihcation provisions of this Agreement, from and against
any and all fînes, 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,
MSA page 5
Attachment 2, Page 5 of 16
unless such non-compliance is the result of the sole established negligence, willful misconduct or
active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
,. t.1
requirements set fot'th in this Agreement, Contractor warrants that all employees and
subcontractors shalLh¿ive sufficient skill and experience to perfor,rnitlrc¿Services assigned to them
without impacting waterrquality in violation of the laws, regulations and policies described in
this Section. Contractor further warrants 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.
3.2.11 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
subcontractor 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 agents, 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: (1) 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'Compensation and Employer's Liability: Workers'Compensation insurance as
required by the State of California 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 (1) contractual liability (including but not limited to ISO CG 24
26 or 21 29); 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: (1) General Liability: $2,000,000.00 per occuffence 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 Agreement/location or the general aggregate
limit shall be twice the required occurrence limit; (2) Automobile Liabiliry: $1,000,000.00 per
accident for bodily injury and property damage; and (3) l4lorkers' Compensation and Employer's
Liabitity: Workers' Compensation limits as required by the Labor Code of the State of
'-',t ,\ , 't
MSA page 6
Attachment 2, Page 6 of 16
California. 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) Notices: Cancellation 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.,extend.ed shall be frled with the City,;r,, Ifi'such coverage is
cancelled or materially reduced, Contractor shall, within ten (10) days after reèeipt 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 specifications 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) Additional lnsured. The City of San Juan Capistrano, its
officials, officers, employees, agentso and volunteers shall be named as additional insureds on
Contractor's and its subcontractors' policies of commercial 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,
offrcers, 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 furnished 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 if excess, shall stand in an unbroken chain of coverage excess of the Contractoros
scheduled underlying coverage. Any excess insurance shall 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 officials, officers,
employees, agents, and volunteers shall be excess of the Contractor's insurance and shall notbe
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 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its officials, officers, employees,
agents, and volunteers shall be covered as additional insureds with respect to the ownership,
MSA page 7
Attachment 2, Page 7 ol 16
operation, maintenance, 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 officials, officers, employees, agents, and
rvolùnteers, or if excess, shall stand in an unbrokên chain of coverage excess of the Contractor?s'
scheduled underlying coverage. Any insurance or self-insurance maintained by the City,' its
;.,, of,f,rc:iâls,.officerso employees, agents, and vdlutntèers' shall be excess of the Contr¿ctorlsr{' :' insurance and shall not be called upon to contribute with it in any way. Notwithstanding thè
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 3.2.11.3(B).
(c)Workers' Comoensation and F.mnlover's T.iabilitv
Coverage. 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 policies, 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, officêrs,
employees, agents and volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds: No Special Limitations: Waiver of
Subrogation. All insurance required by this Section shall contain 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 officials, offtcers,
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 offlrcials, 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-Insurance Retentions. Any
deductibles 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.
rntractor shall. 3.2.11.6 Subcontractor Insurance Requirements. C<
not allow any subcontractors to commence work on any subcontract relating to the work under
MSA page 8
Attachment 2, Page B of16
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 scopes or minimum limits of insurance for particular subcontractors. The Contractor
and the C,ity shall.be named as additional insureds on all'subcontractorso policies of Commercial
General Liability using ISO form 20 38, or coverage at least as broad.
s. Insurance is to be placed with
insurerswithacurrentA.M.Best,@:VIII,licensedtodobusinessin
California, and satisfactory to the City.
3.2.11.8 Verification of Coverage. 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 shall 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 Contractoros insurer, any and all insurance claims submitted by Contractor in
connection with the Services under this Agreement.
3.2.12 Safet)¡. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor shall at
all times be in compliance with all applicable local, state and federal lawso rules and regulations,
and shall exercise all necessary precautions for the 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,
confîned space procedureso trenching 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 IRESERVED]
3.2.14 Accounting Records. Contractor 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 examine, 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.
MSA page 9
Attachment 2, Page 9 of 16
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements; for all Services rendered under this Agreernent at'the'rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The,total compensation
shall not exceed LINIT PRICES NOTED IN EXHIBIT "C" AND NOT' T0 EXCEED THE
AGGREGRATE AVAILABLE FUNDING AMOUNT 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 Compensation. 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
initial 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 Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, "Extra 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 Labor Code Compliance.
3.3.5.1 Contractor is aware of the requirements of California Labor Code
Section 1720, et seq., and 1770, et S.eg., âs 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 worksoo 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 shall 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 claims, liabilities, costs, penalties or interest
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be
mandatory upon the Contractor and all subcontractors to comply with all California Labor Code
provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771,
1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll
MSA page l0
Attachment 2, Page 10 of 16
records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and
1815) and debarment of contractors and subcontractors (Labor Code Section 1777-l). The
requirement to submit certified payroll records directly to the Labor Commissioner under'Labor
Code section 1771.4 shall not apply to work performed on a public works project that is exempt "
pursuant to the small project exemption specified in Labor Code Section 1771.4.
'":,' ''': 33.5.2since the services',* u.ing performed as part of an appliiable
"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
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 Contrgctor's
sole responsibility to comply with all applicable registration and labor compliance requirements.
See Exhibit D "Certificate of Cor4pliance". Notwithstanding the foregoing, the contractor
registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to
work performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Sections 1725.5 and 1771.1 .
3.3.5.3 This Agreement 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. Any
stop orders issued by the Department of Industrial Relations against Contractor or any
subcontractor that affect Contractor's performance of Services, including any delay, shall be
Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay and shall not be compensable by the City. Contractor
shall defend, indemnify and hold the City, its officialso officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the Department of
Industrial Relations against Contractor or any subcontractor'
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. 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 specifying 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.
MSA page 11
Attachment2, Page 11 of 16
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:l Delivery of Notices. All notices pelrnitted'br 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 pulpose:
Contractor:
United Building and Development Services, LLC.
29801Monarch Drive
San Juan Capistrano, CA.92675
Attn: Rene Cortez
City:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA92675
Attn: Director of Public Works 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.
3.5.2 Indemnification.
3.5.2.1Scope of Indemnity. 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, losso 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, errors or omissions of Contractor, its officials, 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 attomeys' 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.
3.5.2.2Additional Indemnit)tObligations. Contractor shall defend, with
Counsel of City's choosing and at Contractor's own cost, expense and risk, any and all claims,
suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought
or instituted against City or its officials, officers, employees, volunteers and agents. Contractor
MSA page l2
Attachment 2, Page 12 of 16
shall pay and satisfy any judgment, award or decree that may be rendered against City or its
offrcials, 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, offrcers, employees, agents or volunteers as part of any stroh 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,offrcials,
officers, employees, agents, and/or volunteers, for any and all legal expenses ánd 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 officials
officers, employees, agents, or volunteers.
3.5.3 Goveming Law: Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of Califomia. 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 Govemment 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.
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 specified in this Agreement. All references to
City include its officials, officers, employees, agents, and volunteers except as otherwise
MSA page 13
Attachment 2, Page 1 3 of 1 6
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
.of -this Agreement shall be binding unless executed,.'in.writing and signed by both Parties' .i i i,j:;.]ìr' ii'
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: Severability. 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 warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
iolely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Contractor further
agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic
Interest with the City's Filing Offîcer 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 the 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. Contractor 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.
MSA page 14
Attachment 2, Page 14 of 16
3.5.17 Counterparts. This Agteement may be signed in counterparts, each of
which shall constitute an original.
3.5,18 Entire Agreement. This Agreement contains tho entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings. eri.iagreements. This Agreement may only.,be;mq$ified. by a writing signed by
both parties.
3.5.19 IRESERVED]
ISIGNATURES ON NEXT PAGEI
',:.¡ ¡;tiil-i'}4jl
MSA page l5
Attachment 2, Page '15 of 16
SIGNATURE PAGE FOR MAINTENANCE SERVTCES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND T]NITED BIIILDING AND DEYELOPMENT SERVICES':LLC.
IN WITNESS \[/'HEREOF, the Parties have entered into this Agfeèlirorat as of the lst day
of April,2018.
CITY OF SAN JUAN CAPISTRANO
Approved By:
Benjamin Siegel
City Manager
Date
Attested By.
Maria Morris, City Clerk
Approved,As Io Form:
UNITED BT]ILDING AI\D
DEVELOPMENT SERVICES, LLC.
Signature
Name
Title
Date
MSA page 16
Attachment 2, Page 16 of 16