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
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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