00-1101_RUBBERIZED CRACKFILLER SEALANT, INC._ContractCITY OF SAN JUAN CAPISTRANO
CRACK SEALING
CONTRACT
This CONTRACT is made and entered into by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as CITY and RUBBERIZED CRACKFILLER
SEALANT, INC. hereinafter referred to as CONTRACTOR.
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. TERM. This agreement shall commence on the 1 st day of November, 2000,
and shall remain and continue in effect through the 31st day of October, 2003
2. CONTRACT DOCUMENTS. The Contract documents shall include this Contract,
the Bid Proposal, the Notice Inviting Bids, Instructions to Bidders, Non -Collusion Affidavit,
Designation of Subcontractors, the Contract Agreement, Statement of Experience,
Statement of Equipment, the General Provisions, and the Detail Specifications.
3. 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 contract crack sealing 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 streets. CONTRACTOR
may be required to perform extra work as deemed necessary by the Director of Public
Works.
4. PAYMENT. The CONTRACTOR agrees to perform the work set forth in the
aforesaid specifications diligently and in a good workmanlike manner, and the CITY agrees
to pay for said work after satisfactory completion. Payments shall be made at the times
and 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 $ 75.000 for three
(3) 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 Works, additions or deletions may be made
to this contract which may result in an increase or decrease in the frequency of
maintenance. All changes will be submitted to CONTRACTOR in writing and shall be
identified as addendum to this contract.
5. TERMINATION. CITY may, without cause, terminate this Contract at anytime 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.
6. GENERAL PROVISIONS. General provisions for the work to be performed are
contained herein and are made a part of this Contract by reference.
7. INDEPENDENT CONTRACTOR. At all times during the term of this Contract,
CONTRACTOR shall be an independent contractor and shall not be an employee of the
CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of
CONTRACTOR'S services rendered pursuant to this Contract; however, CITY shall not
have the right to control the means by which CONTRACTOR accomplishes services
rendered pursuant to this Contract. All persons employed to provide services under this
Contract shall be employees or contractors of CONTRACTOR and shall not be deemed
employees of CITY for any reason or purpose. CONTRACTOR shall be responsible for
providing worker's compensation insurance coverage for all persons employed to perform
services under this Contract. 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.
8. INSURANCE.
a) Comprehensive General Liability. CONTRACTOR shall maintain in full force
and effect comprehensive general liability coverage, including premises operations,
products/completed operations, broad form property damage and blanket contractual
liability in the following minimum amounts:
$1,000,000 property damage;
$1,000,000 injury to one person/any one occurrence/not limited to contractual
period;
$2,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
b) Comprehensive Automobile Liability. CONTRACTOR shall maintain in full
force and effect comprehensive automobile liability coverage, including owned, hired and
non -owned vehicles in the following minimum amounts:
period;
$1,000,000 property damage;
$1,000,000 injury to one person/any one occurrence/not limited to contractual
$2,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
c) 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.
These policies shall not terminate, nor shall they be canceled nor the coverage
reduced until after 30 days' written notice is given to the CITY.
Prior to beginning work, CONTRACTOR shall provide to CITY certificates of
insurance establishing that the required insurance coverages have been secured by
CONTRACTOR. CONTRACTOR shall provide an endorsement to CITY establishing that
CITY has been legally added as an additional insured to the insurance policies required
under this Contract.
CONTRACTOR shall indemnify, defend 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 CITY, 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 obligatioris under this Contract.
9. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC
CONTRACTS. CITY is subject to the provisions of the Government Code, the Public
Contract Code, and the Labor Code of the State of California. It is stipulated and agreed
that all provisions of law applicable to public contracts are a part of this contract to the
same extent as though set forth herein and shall be complied with by CONTRACTOR.
These include, but are not limited to, the stipulation that eight (8) hours labor constitute a
legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars
($25) for each workman employed in the execution of the Contract by CONTRACTOR, or
by any Subcontractor, 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.
10. 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 from the requirement of filing a Financial
Disclosure Statement by California Administrative Code, Title 2, Sections 18700 (2) (A) and
(B) and 18730.
CONTRACTOR certifies that to the best of its knowledge, no CITY 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 certifies that it does not know of any
facts which constitute a violation of said provisions. CONTRACTOR will advise the CITY if
a conflict arises.
11. ATTORNEY'S FEES. If any action at law or in equity is necessary to enforce
or interpret the terms of this Agreement, the prevailing party shall be entitled
to reasonable attorneys' fees, costs and necessary disbursements in addition
to any other relief to which he may be entitled.
12. LICENSING REQUIREMENT. CONTRACTOR and Subcontractors are required to
possess a valid City Business License.
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
DATED: '/q/ z/0 BY:
Crackfiller Sealant, Inc.
ATTEST:
Cheryl Johi n, ty Clerk
APPROVED AS TO FORM:
John Sh Attorney