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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 `}- Cc, I,�c - ATTEST: Cheryl Johnsdn', Cit. Clerk APPROVED AS TO FORM: City ;tt.r ey