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: ( )