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.
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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
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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
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PATRICIA A. THOMAS , PRESIDENT
ATTEST:
Cheryl Johns•.i Cit Clerk
APPROVED AS TO FORM:
hard Denhalter, City Attorney
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