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1995-0701_EMPIRE PIPE CLEANING & EQUIPMENT_Contract CITY OF SAN JUAN CAPISTRANO SANITARY SEWER LINE MAINTENANCE CONTRACT This CONTRACT is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as CITY and EMPIRE PIPE CLEANING & EQUIPMENT, 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 July , 1995 , and shall remain and continue in effect through the 30th day of June, 1997, with an option to extend upon agreement by both parties as to pricing and any change of terms herein, and subject to the termination provision of Section Five of this agreement. SECOND. CONTRACT DOCUMENTS. The contract documents shall 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. The CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the maintenance and cleaning of City sewer and drainage systems in strict conformity with the Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. Maintenance shall include, but not be limited to, specified CITY sewer lines and drain lines as referenced in the attached "General Provisions" Section. CONTRACTOR may be required to perform extra work as deemed necessary by the Director of Public Lands and Facilities. FOURTH. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept payments made monthly. 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 to not exceed a total of$54,000.00 for two (2) years. 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 agreement which may result in an increase or decrease in the frequency of maintenance. Such changes will be submitted to CONTRACTOR in writing and shall be identified as addendum to this agreement. FIFTH. TERMINATION. CITY may, without cause, terminate this contract at any time prior to completion by CONTRACTOR 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 the CITY, less the amount of any payments previously made to CONTRACTOR, but in no event exceeding the maximum contract amount stated in Section 4. 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. When condition of a maintained area is determined by Director to be substandard due to inadequate or improper maintenance, monthly payment will be authorized based upon the work performed. NINTH. INSURANCE. Prior to beginning work, CONTRACTOR shall provide an endorsement to the City (attached hereto) establishing that the City has been legally added as an additional insured for the general liability insurance required under this agreement. In addition, CONTRACTOR shall maintain at all times during this contract liability and property damage insurance, naming the City and its elected and appointed officials as additional insured, which such policies shall be of an amount not less than $1,000.000 Combined Single Limit. In addition, CONTRACTOR is required to provide proof of automobile insurance and workers compensation insurance. Insurance certificates must be in force for the duration of the contract. 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. 2 • The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving sufficient time before the date thereof to comply with the applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which Lessor, 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. NON-DISCLOSURE REQUIREMENTS/CONFLICT OF INTEREST. Pursuant to Council Policy, it has been determined that the services to be rendered under the provisions of this Contract are excluded by the requirement of filing a Financial Disclosure Statement by California Administrative Code Section 18700 (2) (A) and (B). CONTRACTOR certifies that to the best of its knowledge, no CITY/AGENCY employee or office of any public agency interest in this Contract has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would conflict in any manner or degree with the performance of this Contract. CONTRACTOR represents that it presently has no interest and shall not acquire any interest, direct or indirect, which could conflict in any manner or degree with the faithful performance of this Contract. CONTRACTOR is familiar with the provisions of Government Code Section 87100 and following, and it certified that it does not knowof any facts which constitute a violation of said provisions. CONTRACTOR will advise the CITY/AGENCY if a conflict arises. TWELFTH. LICENSING REQUIREMENT. CONTRACTOR and Sub-Contractors are required to possess City Business License and valid State Contractors License (C-36). THIRTEENTH. 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 3 • • 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 BY: DATED: Carolyn N h, Mayor DATED: 14- w "q, BY: EMPIRE PIPE CLEANING & EQUIPMENT, INC . Co ra for 1 ✓ ^-1 ?(� PATRICIA A. THOMAS , PRESIDENT ATTEST: Cheryl Johns•.i Cit Clerk APPROVED AS TO FORM: hard Denhalter, City Attorney 1 x/75 4