1997-0301_BOTACO INC._Contract CITY OF SAN JUAN CAPISTRANO
MAINTENANCE OF LANDSCAPING - CITY SPORTS PARKS
CONTRACT
This CONTRACT is made and entered into by and between the CITY OF SAN JUAN CAPIS-
TRANO, hereinafter referred to as CITY and BotaCo, Inc. , hereinafter referred to as
CONTRACTOR.
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
FIRST. TERM. This agreement shall commence on the 1st day of March , 1997 , and shall
remain and continue in effect through June , 1998 . CONTRACTOR agrees to begin and complete
the work within the time specified in the Specifications and Proposals.
SECOND. CONTRACT DOCUMENTS. The contract documents shall be considered to include
the Contractor's proposal, the Notice Inviting Bids, Instructions to Bidders, Non-Collusion Affidavit,
Designation of Subcontractors, the Contract Agreement, Statement of Experience, the Bid Summary,
the General Provisions, and the Detail Specifications.
THIRD. THE WORK. CONTRACTOR shall agree to provide all necessary tools, labor, material,
equipment, transportation, and supplies required to perform and complete in good and workmanlike
manner the maintenance of City Sports Park per the contract documents, which documents are
on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano.
FOURTH. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, payments
made on a monthly basis. Payment shall be based upon bills submitted for work actually performed
and approved for the previous month. Payments shall be made at the time in the manner set forth in
the City's Capital Projects/Demand Payment Schedule, attached hereto and made a part hereof.
Base contract amount is estimated not to exceed a total of $100,000 (one hundred thousand and
no/dollars .
Payment for any extra work directed by CITY shall be as agreed in advance prior to the work being
performed. CONTRACTOR shall submit detailed invoices with back-up vouchers for all charges in
excess of monthly billings.
At the sole discretion of the Director of Public Lands and Facilities, additions or deletions may be
made to this Contract which may result in an increase or decrease in the frequency of maintenance.
All changes will be submitted to CONTRACTOR in writing and shall be identified as addendum to
this Contract.
FIFTH. TERMINATION. CITY may, without cause, terminate this contract at any time prior to
completion by CON TRACTOR of any of the services required hereunder. Notice of termination of
this contract shall be given in writing to CONTRACTOR, and shall be sufficient to complete when
same is deposited in the U.S. Mail, first class postage prepaid.
In the event this contract is terminated by CITY, CONTRACTOR shall be paid the value of services
performed by him pursuant to this contract prior to the date of termination thereof such value to be
the total to which he shall have become entitled, as determined by City, less the amount of any
payments previously made, but in no event exceeding the maximum contract amount stated in the Bid
Proposal.
SIXTH. GENERAL PROVISIONS. General provisions for the work to be performed are contained
herein and are made a part of this agreement by reference.
SEVENTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor
Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the
Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk,
32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part
hereof CONTRACTOR agrees that he, or any SUB-CONTRACTOR under him, shall pay not less
than the foregoing specified prevailing wages to all workmen employed in the execution of the
contract.
EIGHTH. CONTROL OF WORK. The Director of Public Lands and Facilities, or his authorized
representatives, shall decide all questions of the work; all questions as to the acceptable fulfillment
of the contract on the part of the CONTRACTOR; all questions as to the interpretation of the
specifications; and all questions as to compensation. His decision shall be final and he shall have
authority to enforce and make effective such decisions.
NINTH. INSURANCE.
a) Comprehensive General Liability. CONTRACTOR shall maintain in full force and
effect comprehensive general liability coverage, including premises operations, products/completed
operations, broad form property damage and blanket contractual liability in the following minimum
amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited to contractual
period.
b) Comprehensive Automobile Liability. CONTRACTOR shall maintain in full force
and effect comprehensive automobile liability coverage, including owned, hired and non-owned
vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited to contractual
period.
c) Worker's Compensation. If CONTRACTOR employs employees to perform services
under this Contract, CONTRACTOR shall obtain and maintain, during the life of this Contract,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state
law.
These policies shall not terminate, nor shall they be canceled nor the coverage reduced until
after 30 days' written notice is given to the CITY.
Prior to beginning work, CONTRACTOR shall provide to CITY certificates of insurance
establishing that the required insurance coverages have been secured by CONTRACTOR.
CONTRACTOR shall provide an endorsement to CITY establishing that CITY has been legally
added as an additional insured to the insurance policies required under this agreement.
CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and
employees from and against any and all claims, demands, loss or liability of any kind or nature which
CITY, its officers, agents and employees may sustain or incur or which may be imposed upon them
or any of them for injury to or death of persons, damage to property as a result of, or arising out of,
or in any manner connected with the performance of the obligations under this agreement.
TENTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC
CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the
State of California. It is stipulated and agreed that all provisions of law applicable to public contracts
are a part of this contract to the same extent as though set forth herein and shall be complied with by
CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor
constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five
dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or
by any SUB-CONTRACTOR, for each calendar day during which such workman is required or
permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter
One, Part Seven, Division 2, of the California Labor Code, except as permitted by law.
ELEVENTH. LICENSING REQUIREMENT. CONTRACTOR is required to possess a valid
Contractor's License and City Business License.
TWELFTH. CONTRACT EXTENSION. In the event CONTRACTOR has fully complied with
all terms and conditions of this contract, as determined in the sole discretion of the CITY Director
of Public Lands and Facilities, CONTRACTOR may request that this contract be extended for a
successive period of 24 months. CONTRACTOR shall submit his request in writing to the Director
of Public Lands and Facilities at least 30 calendar days prior to the date on which the contract would
have been terminated. In no event shall the total term of this contract, including all extensions,
exceed 48 months.
IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant
to Council action, and by CONTRACTOR on the date set before the name of each.
CITY OF SAN JUAN CAPISTRANO
DATED: ` / 7 BY:
DAVID SWERDLIN, MAYOR
BY: IJ L)
C NTRACTOR
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Cc, I,�c -
ATTEST:
Cheryl Johnsdn', Cit. Clerk
APPROVED AS TO FORM:
City ;tt.r ey