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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