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.
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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.
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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
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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.
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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
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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
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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
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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
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