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1993-0420_EMPIRE PIPE CLEANING & EQUIPMENT_Specifications and Contract Documents • CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE, STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS SANITARY SEWER LINE MAINTENANCE • CITY COUNCIL GIL JONES , MAYOR GARY HAUSDORFER COLLENE CAMPBELL CAROLYN NASH JEFF VASQUEZ CITY MANAGER GEORGE SCARBOROUGH DIRECTOR OF PUBLIC LANDS & FACILITIES RONALD C. SIEVERS 411/1 APRIL 1993 • SANITARY SEWER LINE MAINTENANCE TABLE OF CONTENTS Notice Inviting Bids 1 Bid Proposal 3 Non-Collusion Affidavit 6 Designation of Sub-Contractors 7 Statement of Experience 8 Statement of Equipment 9 Instruction to Bidders 10 General Provisions & Specifications 14 Contract 18 • • 4111 SANITARY SEWER LINE MAINTENANCE NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will , up to 2 : 00 p.m. , on the 18th day of May, 1993 , receive sealed proposals or bids for the Sanitary Sewer Line Maintenance in accordance with the approved specifications on file in the Office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall , 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. A MANDATORY pre-bid conference is scheduled at 9 : 00 a.m. on the 4111 11th day of May, 1993 , at the City Offices. The Contractor shall have the opportunity of clarification or interpretation of any point or points of question within the specifications and contract documents. It is the Contractor' s responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or interpretation of the specifications or contract documents presented to the bidders in any manner. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the . State of California, copies of the prevailing rate of per diem 1 1111 wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk and shall be made available to any interested party on request. Copies of specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable, is required for obtaining each set of specifications. There will be a $5 charge for postage and handling on all specifications mailed. Prior to the award of bid to the apparent successful, low bidder, they will be required to present a valid State Contractor' s License (C-36) and City of San Juan Capistrano Business License. No bid 4110 will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. This Notice is hereby given and published by order of the City Counc' 1 of the City of San Juan Capistrano, and is dated (17 , 4[, dI Cheryl Jo ns.' , City Cler'� City of San Juan Capistrano Orange County, California 4111 2 1111 BID PROPOSAL SANITARY SEWER LINE MAINTENANCE From: CONTRACTOR To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions , read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the Contract Documents for the following: 1. Cleaning of City Sewer and Drainage Lines - Unit Price Per Linear Foot Unit Price • 2 . - Sewer and Drainage Line CleaningHourly Rate $/Hr $/Hr In Figures In Words Cost, per Crew, to do sewer and drainage line cleaning or other related work as directed by City Staff. Work to be performed between the hours of 4am and 5pm, Monday thru Friday. Price shall include all labor, material, trucks, equipment and disposal costs. • 3 1111 3 . Emergency Work - Hourly Rate $/Hr $/Hr In Figures In Words Cost to do sewer and drainage line cleaning, or other sewer work as directed by City Staff, at hours other than as stated in Item 2 above. Price shall include all labor, material , trucks, equipment and disposal costs. Unit Price Per Hour FOR FIRST TWO HOURS. Unit Price Per Hour FOR EACH HOUR THEREAFTER. Please indicate below the equipment and number of personnel included in the quoted rates for Items 2 and 3 above: 410 Please indicate below the hourly rate for any specialized equipment not included in the above definition. The rates quoted below shall be for equipment and operator (or operators) as required. Hourly Rate Hourly Rate Equipment Description Routine Emergency • 4 • Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. All prices quoted above shall include removal and disposal of all material , such as sludge, grease, water, mud, roots, etc. , from the project sites. All prices quoted above shall include traffic control if required by City. Contractor will not be required to pay for permits on City projects. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof. It is anticipated that the date to commence work shall be July 1, 1993 . It is understood that the city reserves the right to increase or decrease the frequency of any item or portion of the work or to omit portions of the work as may be deemed necessary by the Director of Public Lands and Facilities. The contract amount shall be adjusted to reflect these changes. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. 4110 Signature of Bidder: (If an individual , so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof. ) Dated: Business Address Dated: Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: S Business Address Dated: Telephone Number 5 NON-COLLUSION AFFIDAVIT (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID) 0 STATE OF CALIFORNIA ) ss. County of Orange ) , being first duly sworn deposes and says that he is of the party making the foregoing bid; that such bid is not made in the interest or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, 11/0 company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. Dated: Signature: On this, the day of , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name (s) subscribed to the within instrument, and acknowledged that executed it. Witness my hand and official seal . Notary Public in and for said State 1111 6 • DESIGNATION OF SUB-CONTRACTORS Are subcontractors to be used on this project: Yes No If yes, please complete the following: In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub-bids of the following listed subcontractors in making up his bid, and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the Director of Public Lands and Facilities, and in accordance with the applicable provisions of the specifications . It is understood and agreed that all those portions of the work called for in the contract documents for which a subcontractor is not listed will be performed by the undersigned through his forces. If no subcontractors are listed, all insurance will be written in the name of the general contractor only. Item of Work Subcontractor Address Phone No. 1. 2 . 410 3 . 4 . 5 . 6. 7. 8 . Bidder' s Name Authorized Signature 1111 7 11/1 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Bidder ' s Name Company Name 2. Business Address 3 . Business Telephone Number 4 . List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. Contract From to City/Company Supervisor Amount 410 Signature Company ID 8 1111 STATEMENT OF EQUIPMENT THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Bidder ' s Name Company Name 2 . Business Address 3 . Business Telephone Number 4 . State below the information for all equipment you have available for work. Make of Equipment Serial Type of Equipment You are Offering Model Year Number • If your equipment does not comply with the specifications of equip- ment specified, state wherein your equipment differs so that full consideration can be given to all offers. Remarks: Signature • Company 9 INSTRUCTION TO BIDDERS 4111 Secure Documents Specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids. " Examination of Specifications and Site of Work There will be a mandatory pre-bid conference for the purposes of clarification or interpretation of specifications and contract documents. The bidder is required to examine the site of work, the proposal , the Specifications, Special Provisions and General Provisions very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The specifications for the work cover conditions as they are believed to exist, but it is not to be inferred that all the conditions noted actually exist, nor shall the City or any of its officers or agents be liable for any loss sustained by the Contractor as a result of any variance between conditions indicated in the Specifications and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. Interpretation of Specifications and Contract Documents 4111 If any bidder should find discrepancies in, or omissions from the specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Director of Public Lands and Facilities for correction, clarification or interpreta- tion of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. In the event that such a request is submitted and it should be found that certain essential information is not clearly and fully set forth, or if it is discovered that errors, omissions, or points require clarification in the specifications or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. Additional questions or inquiries may be addressed to the Depart- ment of Public Lands and Facilities at 714/493-1171, Ext 295. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued. A signed copy of any 4110 addenda issued by the City must accompany the bid documents. In all cases, a signed acknowledgement copy of all addenda must be provided by the apparent low bidder prior to award of contract. 10 Disqualification of Bidders 1111 No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications ; all bid items shall be properly filled out; bid prices shall be stated and the signatures of all persons signing shall be in longhand. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City will require bidders to furnish a statement of their experience. E. Each bidder shall list their proposed subcontractors on the 4111 form accompanying the proposal in accordance with the provisions of the specifications. F. Bids shall be delivered to the Office of the City Clerk, City of San Juan Capistrano, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids. " Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor Contractor is required to possess a City Business License and a State Contractor's License (C-36) . Insurance Prior to beginning work, Contractor shall provide an endorsement to the City 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. The insuranceP olicies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or 11 proposed cancellation of such policies for any reason whatsoever, 1111 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. Withdrawal of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. Opening of Bid Proposals The City will publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids. " Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids 4111 No bidder may withdraw his bid for a period of sixty (60) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the sixty (60) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids. " The City, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. The bidder to whom the award is made shall execute a written contract with the City and furnish the stipulated insurance and other documents as required within fifteen (15) days after the notice of contract. The contract shall be made in the form adopted by the City. If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract for the corporation 4111 is duly authorized to do so. 12 Time of Performance 11/1 The work shall be commenced fifteen (15) calendar days from the date of issuance of the Notice to Proceed. It is anticipated that the date to commence work shall be July 1, 1993 . In accordance with the Contract documents, said contract shall remain and continue in effect for 24 months, subject to adequate performance, with an option to extend an additional 24 months upon agreement by both parties as to pricing and any change of terms therein. 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 City, less the amount of any payments previously made, but in no event exceeding the maximum contract amount stated in the Bid Proposal. Workmen and Wages Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. . Wages shall not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids. " 4110 13 GENERAL PROVISIONS AND SPECIFICATIONS 1111 SANITARY SEWER LINE MAINTENANCE 1) Work will ordinarily be performed between the hours of 4 : 00 am and 5 : 00 pm, Monday through Friday. During emergencies, work may be required at other than normal hours. The hourly rates requested in the bid proposal address both routine and emergency work. 2) Clean the sanitary sewer system and/or other underground water drainage systems of the City as designated by and to the satisfaction of the Director of Public Lands and Facilities or his designee. 3) Perform 24-hour emergency service, 365 days a year with referenced to said system. 4) Upon request of the City, clean known trouble spots as often as necessary. 5) Upon request of the City, furnish the labor and equipment for raising and lowering manholes to grade, or any other minor construction pertinent to good sewer maintenance and operations. Such work shall be bid and awarded separately 4111 from this contract. 6) In performing the work identified in Paragraph 1, Contractor shall hydraulically jet the system unless otherwise directed by the Maintenance Superintendent. On all cleaning operations where the flow is not sufficient to clean, the City will furnish the necessary water. 7) In addition to the hydraulic method of sewer cleaning using a restrained ball or cone, larger balling or root sawing may be required in some locations. This includes removal and disposal of all material at location approved by the City. All work referenced in this item to be included in base price quoted. 8) To prepare and submit to the City a complete monthly report of its entire cleaning operations within the City for the preceding month and to make any recommendations it may deem advisable for improvements in the City sewer or drainage system after cleaning operations have been completed. 9) To maintain an adequate crew of at least two experienced employees to perform the service required. • 10) To maintain all sewer maintenance cleaning equipment and safety equipment as may be necessary to perform the work. 14 11/0 GENERAL PROVISIONS AND SPECIFICATIONS , CONT. 11) The City has approximately 58 miles of public sewer lines within its system. While cleaning of the entire system is not anticipated, portions of major sections, as well as spot maintenance will be required. Annual estimated footage is approximately 200 , 000 linear feet. 12) All work will be done at the direction of the City Department of Public Lands and Facilities personnel . No work is to be performed without prior discussion of the scope of work at each job site, and authorization by city staff. 13 ) City will attempt to provide adequate notification to contrac- tor for routine work. A minimum of 48 hours of advance notice will be given when possible. Contractor must be able to commence routine work within 5 working days after notification by City. 14) Contractor shall notify City each day of location and antici- pated start time of work. 15) Contractor shall provide the City with a 24 hour phone number and contact name. This person must be available for emergency work scheduling at all times. Contractor shall be able to 4110 respond to emergency work requests within one hour of notifi- cation by City. 16) Contractor will be required to supply a list of equipment owned and available. 17) Contractor will be required to supply a list of references for similar work performed. • 18) Contractor may be required to supply additional experience references if requested by City. 19) Contractor shall provide City with required proof of liability insurance, workman' s compensation insurance, vehicle insur- ance, and city business license as noted in contract. Liability insurance and automobile liability insurance shall be in the amount of $1, 000, 000, naming the City as additional insured. 20) Hourly rates and unit prices quoted shall include all labor, equipment, transportation, cleanup, disposal , insurance, taxes and any other costs. 21) Hourly rates and unit prices quoted shall include all safety 4111 equipment required. Traffic control may be required on some sites, and be included in quoted prices. 15 IIIIGENERAL PROVISIONS AND SPECIFICATIONS, CONT. 22 ) Hourly rates for routine and emergency work shall be for actual time spent on the job site. No travel time will be paid. Contractor shall notify City Department of Public Lands and Facilities personnel of actual hours worked, or footage of lines cleaned, on a daily basis. Failure to verify this information on a daily basis may result in the contractor not being paid for unverified work. 23) Hourly rates quoted shall be per crew. "Crew" shall be defined as the equipment and personnel necessary to provide the services described, per job site. Contractor shall describe the equipment and number of personnel included in the quoted hourly rates. 24) City will award the contract based upon a review of all prices quoted, and which combination of prices will be most economi- cal to the City. Please note, only one contract will be awarded, based upon a review of all factors including unit prices, hourly rates, references, etc. It is anticipated that the annual value of this contract shall be approx. $20, 000. 00. 25) During the term of this contract, the City may choose to 4111 utilize either the unit prices, or hourly prices, at it ' s discretion. City and contractor shall agree upon which method shall be used prior to the start of each job. 26) Prior to bid date, contractor may inspect city property for further information, if desired. City representatives will be available if desired to answer questions. 27) Contractor must protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from contractors actions shall be the responsibility of the contractor. 28) All employees of contractor shall wear a uniform or shirt which clearly identifies the company name. 29) All employees of contractor shall wear an orange safety vest whenever working in city streets, or within 10 feet of city streets. 30) Contractor must be able to provide a list of employees names, dates worked, and hours worked on each date if requested by the City. 4111 16 • GENERAL PROVISIONS AND SPECIFICATIONS, CONT. 31) Contractor shall be responsible for protecting all adjacent utilities during work. Any damage to utilities resulting directly or indirectly from contractors work shall be the responsibility of the contractor. Prior to any work which may require excavation, contractor must notify Underground Service Alert (USA) . Damages to underground utilities resulting from failure to notify USA shall be contractors responsibility. 32) Contract Termination - If at anytime, in the opinion of the Director of Public Lands and Facilities, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Director of Public Lands and Facilities, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. 4110 4111 17 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 , hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. TERM. This agreement shall commence on the _ day of 1993 , and shall remain and continue in effect through the _ day of , 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 410 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 1111 in the City's Capital Projects/Demand Payment Schedule, attached hereto and made a part hereof. 18 1111 Base contract amount is estimated to not exceed a total of $40, 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 410 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 19 questions as to the interpretation of the specifications ; and all 4111 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 41/0 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 20 public contracts are a part of this contract to the same extent as 4111 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 4I/1 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. 21 IN WITNESS WHEREOF, this contract is executed by the duly 1111 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: BY: Gil Jones, Mayor DATED: BY: Contractor ATTEST: 4110 Cheryl Johnson, City Clerk APPROVED AS TO FORM: Richard Denhalter, City Attorney • 22 • CAPITAL PROJECT/DEMANDS Payment Schedule 1993 Completed Invoices Due To Invoices to Admin. Services Date Council Date Department By 11:00 a.m. Processed Date Released 12/08/92 12/16/92 12/23/92 01/05/93 01/06/93 01/08/93 01/15/93 01/22/93 02/02/93 02/03/93 02/05/93 02/12/93 02/19/93 03/02/93 03/03/93 03/12/93 03/19/93 03/26/93 04/06/93 04/07/93 04/09/93 04/16/93 04/23/93 05/04/93 05/05/93 05/07/93 05/14/93 05/21/93 06/01/93 06/02/93 06/11/93 06/18/93 06/25/93 07/06/93 07/07/93 10 07/09/93 07/16/93 07/23/93 08/03/93 08/04/93 08/13/93 08/20/93 08/27/93 09/07/93 09/08/93 09/10/93 09/17/93 09/24/93 10/05/93 10/06/93 10/08/93 10/15/93 10/22/93 11/02/93 11/03/93 11/12/93 11/19/93 11/24/93 12/07/93 12/08/93 12/10/93 12/17/93 12/22/93 01/04/94 01/05/94 LIABILITY ENDORSEMENT CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 32400 Paseo Adelanto San Juan Capistrano, California 92675 ATTN: �. POLICY INFORMATION Endorsement 1. Insurance Company ; Policy Number 2. Policy Term (From) (To) ;Endorsement Effective Date 3. Named Insured 4. Address of Named Insured 5. Limit of Liability Any One Occurrence/Aggregate $ / General Liability Aggregate (check one:) Applies "per location/project" is twice the occurrence limit 6. Deductible or Self-Insured Retention (Nil unless otherwise specified) S 7. Coverage is equivalent to: Comprehensive General Liability form GL0002 (Ed 1/73) Commercial General Liability "claims-made" form CG0002 11) 8. Bodily Injury and Property Damage Coverage is: "claims-made" "occurrence" If claims-made, the retroactive date is B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsiste statement in the policy to which this endorsement is attached or any other endorsement attacn< thereto, it is agreed as follows 1. INSURED. The CIty and the Community Redevelopment Agency, its elected or appoint officers, officials, employees and volunteers are included as insureds with regard to damag and defense of claims arising from: (a) activities performed by or on behalf of the Name Insured, (b) products and completed operations of the Named Insured, or (c) premises owne leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insure for or on behalf of the City; or (b) products sold by the Named Insured to the City; or premises leased by the Named Insured from the City, the insurance afforded by this poli' • shall be primary insurance as respects the City, its elected or appointed officers, official employees or volunteers; or stand in an unbroken chain of coverage excess of the Name Insureds scheduled underlying primary coverage. In either event, any other insuranc maintained by the City, its elected or appointed officers, officials, employees or voluntee shall 'be in excess of this insurance and shall not contribute with it. OVER) 3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as: 0 (1) Insurance Services Office form number GL 0002 (Ed. 1/73), Comprehensive :ie- Liability Insurance and Insurance Services Office form number GL 0404 3roaa comprehensive General Liability endorsement; or (2) Insurance Services Office Commercial General Liability Coverage, "occur-e' form CG 0001 or "claims-made" form CG 0002; or (3) If excess, affords coverage which is at least as broad as the primary insura forms referenced in the preceding sections (1) and (2). 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separates each insured who is seeking coverage or against whom a claim is made or a suit is �rou, except with respect to the Company's limit of liability. 5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. failure to comply with reporting provisions of the policy shall not affect coverage .rovi to the City and the Community Redevelopment Agency, its elected or appointed of fic of ficiais, employees or volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspend voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior writ notice by certified mail return receipt requested has been given to the City. Such not shall be addressed as shown in the heading of this endorsement. INCIDENT AND CLAIM REPORTING PROCEDURE dents and claims are to be reported to the insurer at • ATTN: (Title) (Department) (Company) (Street Address) (City) (State) (Zip Code) (Telephone) D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below list, insurance company and by my signature hereon do so bind this company. • SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the City) CRG NIZATICN: TITLE: ?LESS: T E: ( )