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1983-1101_WESTERN COUNTIES MAINTENANCE CO._Agreement0 0ity Copy" A G R E E M E N T THIS AGREEMENT , is made and entered into this 1st day of November 1983, between the City of San Juan Capistrano, hereinafter referred to as "CITY" and hereinafter referred to as "CONTRACTOR" for maintenance of specified City buildings and facilities. The implementing authority for the CITY shall be the Department of Public Works. W I T N E S S E T H: 'SECTION 1. TERM. This agreement shall commence on the 16th day of November 1983, and shall remain and continue in effect for a period of twelve (12) months thereafter subject to extension or termination as described in Section 11. SECTION 2. MAINTENANCE. Maintenance.shall include but not be limited to specified CITYbuildings as referenced in the attached "General Provisions" section. CONTRACTOR may be required to perform extra work as deemed necessary by the Director of Public Works. SECTION 3. MEASUREMENT AND PAYMENT. CONTRACTOR shall agree to provide all necessary labor, machinery, tools, equipment and all other utility and transportation services required to perform the building maintenance in the manner specified herein for the following consideration; SPECIFIED CITY BUILDINGS AND FACILITIES TOTAL MONTHLY COSTS $ 1,094.00 TOTAL ANNUAL COSTS $ 13,12 Payment for any extra work directed by CITY shall be the actual cost of labor plus wholesale cost of material plus 20 percent. Monthly payments to contractor will be made on the regular day for payment of CITY bills by the City Treasurer. CONTRACTOR shall submit detailed invoices with back-up vouchers for all charges other than monthly costs for item above. At the sole discretion of the Director of PUblic Works, additions or deletions may be made to this agreement which may result in an increase or decrease in the areas to be maintained. Such charges will be submitted to CONTRACTOR in writing and shall be identified as addendums to this agreement. -4- 0 • SECTION 4.- GENERAL PROVISIONS. General provisions for the work to be performed are contained herein and are made a part of this agreement by reference. SECTION 5. EQUIPMENT, LABOR AND PREVAILING WAGES. CONTRACTOR shall use and furnish at his own expense all labor and equipment necessary for the satisfactory performance of the work set forth in this contract. Eight hours constitutes a legal day's work. The time worked by the workmen employed in the execution of the agreement by CONTRACTOR or subcontractor under him is limited and restricted to eight hours in one calendar day and 40 hours in any one calendar week. Work performed in excess of eight hours per day shall be permitted upon compensation at not less than one and one half times the basic rate of pay as provided in Section 1815, California Labor Code. Pursuant to Section 1771 of the Labor Code, CONTRACTOR is required to pay the general prevailing rate of per diem wages for each laborer or workman performing any work under this contract. SECTION 6. CONTROL OF WORK. The Director of Public Works or his authorized representatives, shall decide all questions which may rise as to the manner of performance and rate of progress of the work; all questions as to the acceptable fulfillment of the contract on the part of the CONTRACTOR; all questions as to the interpretation of the specifications; and all 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 Dixector to be substandard due to inadequate or improper maintenance, monthly payment may be withheld until such condition is resolved to the satisfaction of the Director. SECTION 7. LIABILITY INSURANCE. The amounts and provisions of insurance are as follows: Bodily Injury $ 500,000 Bodily Injury $ 1,000,000 Bodily Injury $ 11000,000 Property Damage $ 500,000 Property Damage $ 500,000 Property Damage $ 500,000 Property Damage $ 500,000 Property Damage $ 500,000 each person each accident aggregate products each accident aggregate operations aggregate protection aggregate products aggregate contractual The CONTRACTOR shall likewise obtain public liability and property damage insurance to cover vehicles used or maintained by him whether on or off the premises, whith liability limits of not less than $500,000, for any one person, and $500,000 for any one accident, and property damage of $500,000. The insurance amounts set forth herein are the minimum amounts required by the CITY. Other agencies with which the CONTRACTOR may be involved in the accomplishment of the work may require greater amounts. -5- 0 The CITY will not recognize any because of the requirement for an element to be considered by bid. 19 claim for additional compensation greater amounts of insurance, as the CONTRACTOR in determining his SECTION S. SAFETY. CONTRACTOR agrees to perform all work outlined in this contract in such a manner as to meet all accepted standards for safe practices during operations and to maintain safe conditions of premises at all times, including safely stored equipment, machines and materials related to his work; and agrees additionally to accept the sole responsibility for complying with all applicable local, county, state or other legal requirements including but not limited to full compliance with the intents and terms of the applicable OSHA and Cal/OSHA safety orders at all times, so'as to protect all persons, including CONTRACTOR employees, agents of CITY, members of the public or others from foreseeable injury, or damage to their property. SECTION 9. IDEMNITY PROVISION. The CONTRACTOR shall be responsible from the time of the beginning of operations, for all injury or damage of any kind resulting from said operations to persons or property regardless of who may be the owner of the property. In addition to the liability imposed upon the CONTRACTOR on account of personal injury (including death) or property damage suffered through the CONTRACTOR's negligence, which liability is not impaired or otherwide affected hereunder, the CONTRACTOR assumes the obligation to save the CITY harmless and to indemnify the CITY from every expense, liability or payment arising out of or through injury (including death) to any person or persons or damage to property (regardless of who may be the owner of the property) of any place in which work is located, arising out of or suffered through any act or omission of the CONTRACTOR or any subcontractor or anyon directly or indirectly employed by or under the supervision of any of them in the prosecution of the operations included in this contract. SECTION 10. CONTRACT TERMINATION. Any other provisions herein to the contrary notwithstanding, and in addition to other methods of termination provided for herein or available under the laws of the State of California, it is agreed that this agreement shall terminate thirty (30) days after.written notice of intent to terminate which may be given by either party to the other party of the agreement. SECTION 11. NOTICES. Any written notices to the parties hereto shall be sufficient if they are deposited in the United States mail in envelopes, postage prepaid by registered or certified mail, addressed as follows: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 -6- IN WITNESS WHEREOF, the parties hereto have executed this agreement at San Juan Capistrano, California, the date and year first above written. CITY OF SAN JUAN CAPISTRANO ATTEST: By ANTHONY• 'MARY ANN PNOVER, CITY CLERK CONTRACTOR West ounties Maintenance Co. By APPROVED AS TO FORM: e�f P7 E�MES S. OKAZAKI, CT&& ATTORNEY -7- 0 MAINTENANCE OF SPECIFIED SAN JUAN CAPISTRANO CITY BUILDING AND FACILITIES CITY HALL COMPLEX - including: Planning Department Offices Hot Springs Dance Hall Maintenance Complex, Lunchroom and Field Offices 31411 LA MANTANZA (RECREATION DEPT. AND SENIOR CITIZEN CENTER) which includes: Brick Hall Dormitory, Kitchen & Garage House (offices) Outside Restrooms LIBRARY FACILITIES - including: Auditorium Complex & Friends Room Major Library Complex FOR THE TOTAL SUM OF: $ One Thousand Ninety -Four and no/1UU SUM WRITTEN IN WORDS By -13- $ 646.18 /MO. $ 293.0U /MO. $ 155.UO /MO. $ Withdrawn by City /M0. $ 1,uy4.UU Western Cnunties Maintenance Co. P.U. Box 865 Balboa Station Newp.;rt Beach, California 92661 714-631-023 /MO. a a 3. AWARD OF CONTRACT FOR MAINTENANCE AND JANITORIAL SERVICES CITY FACILITIES (WESTERN COUNTIES) (38-#404) ("3�4) Written Communications: ,Ys8) Report dated November 1, 1983, from the Director of Public Works forwarding results of bids received for the janitorial maintenance of the City Hall complex, the Planning Department trailer, the Dance Hall, the Maintenance Annex, the Old Fire Station buildings, and the auditorium facility of the new library. Funds are allocated in the 1983-84 budget through the Internal Service Fund and are included in the Building's Occupancy Charges to each department. Award of Contract: It was moved by Coun Councilman Schwartze bids as complete; to services to Western Beach in the amount bids received and to cilman Hausdorfer, s and unanimously car award the contract Counties Maintenance of $1,094 per month; authorize the Mayor econded by ried to accept the for janitorial Company of Newport to reject all other and City Clerk to execute the document on behalf of the City. 11 �1�`S3 AGENDA ITEM • Noomber 1, 1983 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract For Maintenance and Janitorial Services - City Facilities SITUATION: At Council direction, bids for the janitorial maintenance of City buildings and facilities were solicited and received on October 25. Those facilities included in the bidding were the City Hall complex, Planning Department trailer, Dance Hall, Maintenance Annex, the Old Fire Station (now Recreation Dept.) Buildings, and the auditorium facility of the library. The results of the bids are as follows: Western Counties Maintenance Company $1,094/mo. R &- H Building Maintenance $1,285/mo. Nu Life Cleaning Service $1,345/mo. All bids were reviewed and determined to be complete and acceptable. The Contractors were also determined to be acceptable. COMMISSION/BOARD REVIEW, RECOMMENDATION: Not applicable. FINANCIAL CONSIDERATIONS: Funds are available in the 1983-84 budget through the Internal Service Fund and are included in the Building's Occupancy Charges to each department. ALTERNATE ACTIONS: 1. Accept the bids as complete and award the contract. 2. Do not award the contract. 3. Refer to staff for additional information. RECOMMENDATION: By motion, accept the bids for City building maintenance as complete and award the contract for janitorial services to Western Counties Maintenance Company in the amount of $1,094/mo. and authorize the Mayor and City Clerk to execute the document. Respectfully submitted, W. D. Murph � 3 WDM/CSF:ol i �..y, ("n ID OPENING —OZQ)Ctoc- P.M. PROJECT TITLE) BIDDER AMOUNT BON[ 3 a ee s / C.J,vnEs /yj¢/�% CSU . 09y �wo cc: City Clerk's Staff (3) Public Works (3) City Manager (1) 0 9 SALVAGE: Section 6. If the Contractor shall sustain any loss or losses covered by this bond which exceed the amount of coverage provided by this bond, the Contractor and the Surety shall share in any recovery (except from other insurance) in the proportion that the loss sus- tained by each bears to the total loss. CANCELLATION AS TO ANY EMPLOYEE: Section 7. This bond shall be deemed cancelled as to any employee: (a) immediately upon discovery by the Contractor, or by any partner or officer thereof not in collusion with such employee, of any fraudulent or dishonest act on the part of such employee; or (b) upon the effective date specified in a written notice by Surety served upon the Contrac- tor or sent by mail. Such date, if the notice be served, shall be not less than ten (10) days after such service, or, if sent by mail, not less than thirty (30) days after the date of mailing. The mailing by Surety of notice, as aforesaid, to the Contractor at its principal office shall be sufficient proof of notice. CANCELLATION AS TO BOND IN ITS ENTIRETY: Section 8. This bond shall be deemed cancelled in its entirety upon the effective date specified in a written notice served by the Contractor upon the Surety or by the Surety upon the Contractor, or sent by mail. Such date, if the notice be served by the Surety, shall be not less than ten (10) days after such service, or if sent by the Surety by mail, not less than thirty (30) days after the date of mailing. The mailing by the Surety of notice, as aforesaid, to the Contractor at its principal office shall be suf- ficient proof of notice. The Surety shall refund to the Contractor the unearned premium computed pro -rata if this bond be cancelled at the instance of the Surety, or at short rates if cancelled or reduced at the instance of the Contractor. LOSS - NOTICE - PROOF - LEGAL PROCEEDINGS: Section 9. At the earliest practical moment, and at all events not later than fifteen (15) days after discovery of any fraudulent or dishonest act on the part of any employee by the Contractor, or by any partner or officer thereof not in collusion with such employee, the Contractor shall give the Surety written notice thereof and within four (4) months after such discovery shall file with the Surety affirmative proof of loss, itemized and duly sworn to, and shall upon request of the Surety render every assistance, not pecuniary, to facilitate the investigation and adjustment of any loss. No suit to recover on account of loss under this bond shall be brought before the expiration of two (2) months from the filing of proof as aforesaid on account of such loss, nor after the expiration of fifteen (15) months from the discovery as aforesaid of the fraudulent or dishonest act causing such loss. If any limitation in this bond for giving notice, filing claim or bringing suit is prohibited or made void by any law controlling the construction of this bond, such limitation shall be deemed to be amended so as to be the equal of the minimum period of limitation permitted by such law. SIGNED, SEALED and DATED this 18th day of April , 19 83 INDEMNITY COMPANY OF CALIFORNIA U18 -1M-10/81 INDEMNITY COMPANY OF CALIFORNIA SANTA ANA, CALIFORNIA JANITORIAL SERVICE BOND Bond No. Y.4i' r Premium KNOW ALL MEN BY THESE PRESENTS: 637079C $100.00 That Indemnity Company of California, the Surety, in consideration of an annual premium, agrees to reimburse Western Counties Maintenance Company hereinafter called Contractor, for direct loss which occurs as a result of theft by employee(s) of the Contractor of property owned by, or in the care, custody, or control of customers of the Contractor, and for which the Contractor becomes legally liable during the term of this bond. THE FOREGOING AGREEMENT IS SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: TERM OF BOND: Section 1. The term of this bond shall be from 04-06-83 to 04-06-84 The term may be extended for additional periods of one year by the payment of a premium to be determined by the Surety. DISCOVERY PERIOD: Section 2. Loss is covered under this bond only (a) if sustained through an act or acts committed by any employee(s) of Contractor while this bond is in force as to such employee(s), and (b) if discovered prior to the expiration or cancellation of this bond in its entirety. LIMIT OF LIABILITY: Section 3. The maximum liability of the Surety to the Contractor for all customers covered hereunder shall not exceed the sum of Five Thousand Dollars & No/100 (g 50000.00 ), DEFENSE OF SUIT: Section 4. In the event any suit or other proceeding is brought against Contractor alleging a loss within the coverage of the bond, Contractor shall promptly notify Surety of such suit or proceedings, and shall fully advise Surety with respect to the same. Surety shall have the option of providing a defense to such suit or proceeding through attorneys selected by it; provided that, except as to defense provided by the Surety under such option, Surety shall have no obligation with respect to the defense of any such suit or proceeding, pecuniary or otherwise. DEFINITION OF EMPLOYEE: Section 5. The word employee or employee(s), as used in this bond shall be deemed to mean, one or more natural persons while in the regular service of the Contractor in the ordinary course of the Contractor's business and whom the Contractor compensates by salary, or wages and has the right to govern and direct in the performance of such service. PROOF OF PUBLICATION (2015.5 C.C.P. ) STATE OF CALIFORNIA County of Orange City of San Clemente I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the San Clemente Sun/Post, a newspaper of general circulation printed and published daily in the City of San Clemente, County of Orange, and which newspaper has been ad- judged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of March 11, 1960, Case Number A9140; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: Oct. 13 and Oct. 20 all in the year 19 8 3 . I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this --a-}wayof Oct. ,198_. aSignature - SAN CLEM16NTE PUBLISHING CORP. 1542 North El Camino Real — P.O. Box 367 San Clemente, Calif. 92672—Phone (714) 492-5121 This Os for the County Clerk's Filing stamp firFC,EIVED C�z Zi:� i zs PM 083 C: r, JUAN Proof of Publication of Notice Inviting Bids Clot ol1+n]mOi W �h'aau o oar 4 Cp�Hkb�o* ol�a COMM& - on IS sous, k.) M 0 0 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: DAILY SUN -POST Donna Harrison, Legal FOR PUBLICATION ON: DOCUMENT(S) TO BE PUBLISHED: THURSDAY, OCTOBER 13, 1983 and THURSDAY, OCTOBER 20, 1983 NOTICE INVITING BIDS - MAINTENANCE OF CITY BUILDING PROOF OF PUBLICATION: Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: DATE: October 7, 1983 Date of Bid Opening Date(s) notice published Date affidavit received Date notice posted in designated posting places (3) - 10/25/83 - 10/13/83 & 10/20/83 - 10/13/83 Date notice(s) posted on property - n/a Date of mailing notices to .property owners - n/a 0 0 NOTICE INVITING BIDS JANITORIAL MAINTENANCE OF CITY BUILDINGS Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the janitorial maintenance of City buildings until 2:30 P.M. on the 25th day of October, 1983. A pre-bid conference is scheduled at 10:00 A.M. on the 19th day of October, 1983, at the City offices to assist contractors. Copies of Specifications may be obtained at the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. There is a charge of $5.00 for each Specification mailed; no charge if obtained at the City Clerk's Office. Dated: October 7, 1983 ITY CL r C CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA N 0 T I C E 0 1 N V I T I N G BIDIP Public Notice is hereby given that the City Council of the City of San Juan Capistrano will up to 2;30 p.m. on the 25th day of OCTOBER , 1983, receive sealed proposals or bids for the maintenance of specified City buildings and facilities in accordance with the approved specifications on file in the office of the City Clerk of the City of San Juan Capistrano, City Hall, 32400 Paseo Adelanto, San Juan Capistrano California. Bids will be received until the time hereinbefore indicated at the San Juan Capistrano City Hall. No bid will be received unless it is made on a proposal provided within these specifications. A pre-bid conference is scheduled for 10:00 a.m. on, the 19th day of OCTOBER 1983, at the City Offices. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the contract documents or specifications. 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 instruction, explanation, or interpretation of the specifications and contract documents presented to the bidders in any manner. BIDDERS ARE HEREBY NOTIFIED THAT, 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 and shall be made available to any interested party on request. Copies of the specifications are on file in the City Clerk's Office, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. The City Council reserves the riaht 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. This notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this j, day of 1983. CITY OF S JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -1- 0 0 2. APPROVAL OF PLANS AND AUTHORIZATION TO RECEIVE BIDS - MDTMMPMLMrr nP f TTV 7kT1TTnTMf1C (IQ-4AOA% 1438) Written Communications: (74) Report dated October 6, 1983, from the Director of Public Works, requesting approval of plans for the janitorial maintenance of the City Hall complex, the Planning Department trailer, the Maintenance Annex, the Dance Hall, the Old Fire Station and the Library. Funds are budgeted in the 1983-84 Budget; some funds will be recouped from the County for Library maintenance. A royal of Plans/Call for Bids: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the plans and specifications for the City janitorial services and to authorize a call for bids. AGENDA ITEM October 6, 1983 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Specifications and Authorization to Call For Bids - City Hall Buildings Maintenance SITUATION The soliciting of bids for the janitorial maintenance of City buildings including the City Hall complex, Planning Department trailer, Maintenance Annex, Dance Hall, Old Fire Station and Library is now necessitated. The specifications regarding the interior maintenance of these facilities have been prepared and are available for review in the Public Works Department. As per agreement with the County of Orange, the library janitorial maintenance will be under the City's jurisdiction. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable FINANCIAL CONSIDERATIONS The costs for City buildings maintenance have been included in the 1983-84 budget. The City will recoup some of the costs for the library maintenance from the County. ALTERNATE ACTIONS 1. Approve the specifications for City janitorial services and authorize the call for bids for this work. 2. Do not authorize the call for bids. 3. Refer to staff for additional information. RECOMMENDATION By motion, approve the specifications for City janitorial services and authorize the call for bids for this work. Respectfully submitted, W. D. Murp y WDM:CSF/rem f r F013 Gi r Y CftW4',..9 1z