1993-0708_EMPIRE PIPE CLEANING & EQUIPMENT_Contract r ,
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 8th day of
July , 1993 , and shall remain and continue in effect through
the 30th day of June, 1995 , 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
$44 , 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
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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.
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
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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 know of 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 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.
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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 s ' RANO
DATED: V/a( Z19 /9 ?_.:? BY• = ��
Gil J• es, a o-r
s
DATED: BY: ,��y •
Co r.cto
ATTEST:
ac4o City Clerk
APPROVED AS TO FO' .
i hard Denha ter, City Attorney
Eli S43
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