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1993-0331_SADDLEBACK COMMUNITY ENTERPRISES_Contract9 0 CITY OF SAN JUAN CAPISTRANO CITY BUILDING & FACILITIES MAINTENANCE This CONTRACT is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as CITY and SADDLEBACK COMMUNITY ENTERPRISES. hereinafter referred to as CONTRACTOR for the JANITORIAL MAINTENANCE OF CITY FACE PIIES. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. TERM. This agreement shall commence on the -firaL day of Aril , 1993 , and shall remain and continue in effect through the thirtieth day of June , 1993with 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 Ten of this agreement. SECOND. CONTRACT DOCUMENTS. The contract documents shall include the Contractor's proposal, this Contract Agreement, the Specifica-tions for Maintenance of City Building and Facilities, and the Statement of General Provisions, attached hereto and made a part hereof. THIRD. THE WORK CITY agrees to furnish all cleaning and custodial materials necessary to perform the work. CONTRACTOR will provide transportation, supervision and personnel required to perform the work, per the Contract Proposal. Work completed shall be that as outlined in the Contract Specifications. Hours will be: five hours per day, Monday through Friday, excluding weekends and national holidays. All work is to be performed in a good and workmanlike manner, in strict conformity with the Specifications and all other contract documents, which documents are on file in the Department of Public Lands and Facilities, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. Maintenance shall include, but not be limited to, specified CITY buildings as follows: City Hall Building Lacouague Building Hot Springs Dance Hall T.J. Meadows Building Maintenance Complex La Sala Auditorium Nydegger Building 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 payment made monthly as billed at a rate of $84.04 per day. Payment shall be made at the time and in the manner set forth in the City's Capital Projects/Demand Payment Schedule, attached hereto and made a part hereof. Total three month contract amount shall be as follows: Maintenance of City Facilities @ $84.04 Per Day $5,462.60 (4/l/93- 6/30/93 ... 65 days @ $84.04) 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 areas to be maintained. Such charges will be submitted to CONTRACTOR in writing and shall be identified as addendum to this agreement. FIFTH. GENERAL PROVISIONS. General provisions for the work to be performed are contained herein and are made a part of this agreement by reference. SIXTH. 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. SEVENTH. 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 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 Director to be substandard due to inadequate or improper maintenance, monthly payment will be authorized based upon the work performed. 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. EIGHTH. LIABILITY INSURAN . 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 liabilily and propeny damage insurance, naming the City and its elected and appointed officials as additional insured, which such policies shall be of an amount not less th $1.000.000. Combined Single limit. In addition, CONTRACTOR is required to provide proof of automobile insurance and workers co=ensation insurance. Insurance certifi-cates must be in force for the duration of the contract. Worker's Conipensatio - If CONTRACTOR employs employees to perform services under this contract, CONTRACTOR shall obtain and maintain, during the life of this contract, Worker's Compensation Employees Liability Insurance in the statutory amount as required by state 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. NINTH. COMPUANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBU-C 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 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 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. 0 0 TENTH. CONTRACT 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 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. TENTH. LICENSING REQUIREME CONTRACTOR is required to possess a City Business License. IN VVITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City and by CONTRAC70R on the date set before the name of each. DATED:3 DATED:- 3ZI 7 L-) 3 Attest: Cheryl Johnsdh, Cffy Clerk Appy9ved as to For : k '�j KL ff Aicltard D6nfialter, City Attorney CITY OF SAN JUAN CAPISTRANO ovlomo'-- '5reyAkAc�-- ro�rhun�� 6�kl- SADDLEBACK COMMUNITY comPANY C TRANSAMERICA LETrEA ENTERPRISES CONIPANY 25701 TALADRO CIRCLE LErrER MISSION VIEJO, CA., 92691 COMPANY E LEITER SOCILY INJJRY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD X INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS X CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EACH OCCURRENCE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EKCEN LLAIINUTY 10 POUCY UV%CTW POUCT 02WATION TVPE OF INSURANCE POLICY Numm LAM TIR CATE (MMIDDIM DATE (MNb0DDPM A. GENERAL UABLITY GENEFIAL AGGIFEGATE s 1,000,00 X CammmAL GENERAL LvaLm TBA PRODUCTSIDOW10P AGO. S 11000foo CLIJMS NAM X OCCm. ADV. NAM s 01/06/93 0 1/ 0 G/ 9 4:..p.E`.m.ONlAL ... &.- ...... .... ..... 1,000,00 OWNER'S & CONTRACTORS PROT EACH OCCURIIENICE 3 FIRE DAMAGE jAny " *a) s 50,00 ............... ................. --- ........... NED. EXPENSE (Any " ps,�) $ .................... sloo AUTOMOIKE UARLM UJMBINEV 5� B ANY AUTO B"1357428 UNt(T 3 1,000,00 ALL OWNED AUTOS 10/01/92 10/ 0 1/ 9 3. sooiLy "xRY SC14EDULED AUTOS (Per pe,w) SOCILY INJJRY X HIRED AUTOS X NON4YftIED AUTOE EACH OCCURRENCE GARAGE UABIUTY EKCEN LLAIINUTY UMBREAA FORM SOCILY INJJRY (Per aCcklefft) PROPERTY DAMAGE EACH OCCURRENCE OTHER THAN UMBRELLA FORM WORKIMS C011111IMENSATION C 8060M7 AND OM4LOTOW LIAOLFfy AGGREGATE STATUTORY UMI75 07/01/92 07/01/93..IEACmI.Acc.'DDf.F.".�....�.�,�.I."..s 1,000,00c DISEASE - POUCY UNIT s 1,000,00c j. lo DGEAW - EACH EMPLOYEE 3 1p OW10 0 ... ......... ............... ......... ..... .. .... .. . .. .... ........ ........... .. . . ......... DEOCAWIMION OF OPM71CHIIIIIA"TIONSMIDUCLOLIPSCIAL THIS CERTIFICATE IS IN REGARDS TO THE CONTRACT REFERRED TO AS JANITORIAL MAINTENANCE Or CITY FACILITIES, CITY OF SAN JUAN CAPISTRANOIS LIABILITY ENDORSEMENT IS ATTACKED A. FIN 0 POLICY INFORMATION 1. 2. 3. 4. 5. 6. 7. 9. 0 LIABILITY ENDORSEMENT CITY OF SAN JUAN CAPISTRANO COMMUNrrY REDEVELOPMENT AGENCY 32400 Paseo Adelanto San 3umn Capistrano, Calif onda 92675 ATTN: Insurance Company Policy Term (From) Named Insured S Address of Named I Endorsement # GENERAL INSURANCE COMPANY OF AMEE Policy Number TBA 01-06-93 (To) 1 ��-94 :Endorsement Effective Date 12 -16 - Limit of Liability Any One General Liability Aggregate (check one-) Applies "per location/project" X Is twice the occurrence limit Deductible or Self -Insured Retention (Nil unless otherwise specifiedh Coverage is equivalent to: Comprehensive General Liability form GL0002 (Ed 1/73) Commercial General Liability "claims -made" form CGO002 Bodily Injury and Property Damage Coverage is: "claims -made" X floccurrencell If claims -made, the retroactive date is POLICY AMENDMENTS N/A $ NIL X This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. The City and the Community Redevelopment Agency, its elected or appointed of ficers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED. As reSpects: (a) work performed by the Named Insured for or on behalf of the City-, or (b) products sold by the Named Insured to the City, or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be primary insurance as respects the Cityt its elected or appointed officers, officials, employees or volunteers; or stand in an un6roken chain of coverage excess of the Named InsuredFs scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shill not contribute with it. (OVER) % 0 0 3. SCOPE OF COVERAGE- This policy, if primary, affords coverage at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73), Comprehensive Gen Liability Insurance and Insurance Services Office form number GL 0404 Broad F comprehensive General Liability endorsement; or (2) Insurance Services Of fice Commercial General Liability Coverage, "occurrer form CG 0001 or "claims -mad&' 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. SEVERABIOLITY OF INTEREST. The insurance afforded by this policy applies separatel% each insured who is seeking coverage or against whom a claim is made or a suit is brou'� except with respect to the Companys limit of liability. 5. PROVISIONS REGARDING THE INSUREIYS DUTMS AFTER ACCMENT OR LOSS. failure to comply with reporting provisions of the policy shall not af f ect coverage provi to the City and the Community Redevelopment Agency, its elected or appointed offict officials, employees or volunteers. 6. CANCF-LLA77ON NOTICE. The insurance afforded by this policy shaH not be suspenc 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. Q INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: ATTN: TERRY DORSE /AGENT/AGENCY (Title) (Department) WESTLAND INSURANCE BROKERS (Company) P.O. BOX 18468 18952 MACARTHUR (Street Address) IRVINE, CA.. 92715 (city) (State) Mp —Code) ( 714) 833-2382 (Telephone) D. SICINATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER 19 TERRY DORSE —(print/type name), wairant that I have authority to bind the below list insurance company and by my stignature hereon do so Z this company. SIGNATURE P7AUTHORIZED REPRESENTATIVE (original signature re46ired on endorsement furnished to the City) Cl;rMIZATICN: WESTLAND INS. BROKERS TITLE: AGENT ALCRESS: P.O. BOX 18468, IRVINE, CA. 92713 TIjEPfjjsE: ( 714) 833-2382 0 March 23, 1993 VAN* 1776 Ms. Kathryn Hebel, Executive Director Saddleback Community Enterprises 25701 Taladro Circle, Suite D Mission Viejo, California 92691 Re: ConsultinLy Services ALyreement Dear Ms. Hebel: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L HAUSIDORFER GIL JONES CAROLYN NASH JEFFVASQUEZ CITY MANAGER GEORGE SCARBOROUGH Enclosed for your records are fully -executed copies of the contracts to provide janitorial maintenance of City park restroom facilities and specified City buildings. Services under this agreement are to be completed on or before June 30, 1993, at a cost not to exceed $5,462.60 for maintenance of City buildings and $2,727.40 for maintenance of park restroom facilities. 'Me City has received all required insurance. Tliank you for the great service. If we can be of any further assistance, please call. Very truly yours, (2�U�9" df�) Cheryl Johnson City Clerk Enclosure cc: Director of Public Lands and Facilities (with agreements) Administrative Services (with agreements/purchase requisitions) 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171