Loading...
1993-0316SADDLEBACK COMMUNITY ENTERPRISES_Contract0 0 CITY OF SAN JUAN CAPISTRANO CITY PARK RESTROOM FACILJTIES 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 PARK RESTROOM FAC111TIES. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. TERM ' This agreement shall commence on the first dayof APril, 1993 and shall remain and continue in effect through the thirtieth day of June 1993 with 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 Park Restroom Facilities, and the Statement of General Provisions, attached hereto and made a part hereof. THIRD. THE WOR CITY agrees to furnish a 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 Park Restroom Facilities as follows: Descanso Park Cook Park - La Novia El Camino Real Park Cook Park - Ballfields Marco Forster Facility Downtown Facility (Cat's Meow) 0 0 CONTRACTOR may be required to perform extra work as deemed necessary by the Director of Public Lands and Facilities. FOURTH. PAYME . CITY agrees to pay and CONTRACTOR agrees to accept payment made monthly as billed at a rate of $41.96 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: City Park Restroom Facilities @ $41.96 Per Day $2,727.40 (4/1/93 -6/30/93 ... 65 days @ $41.96) 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 them 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 WOR . 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. I -Es 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. 0 0 EIGHTH. LIABILITY INSURANCE. 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, CONTRAC70R shall maintain at all times during this contract liability and prgpeM damage insurance naming the City and its elected and appointed officials as additional insured, which such policies shall be of an amount not less than $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 Compensatio - If CONTRAC70R 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. 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. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC 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 WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City and by CONTRACTOR on the date set before the name of each. DATED:- 3 xl� /-72� V DATED:— Attest: N174-116no A; ro ed as to Form: Rkhard Denh-altef., City Attorney -311;Z123 2i'20a4 -44 V p Ll (619) 584-6400 Westland Insurance Brokers P. 0. Box 85481 San Diego, CA 92186-5481 SADDLEBACK COMMUNITY ENTERPRISES 25701 TALADRO CIRCLE MISSION VIEJO, CA., 92691 12/16/1992 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE LcEOMANY A GENERAL INSURANCE CO OF AMERIC B SAFECO COMPANY C -ETrER COMPANY LETTER D COMPANY LETTER E Imem LIMIRLITT UMBRELLA FORM OTHER THAN UMBRELLA FORM ..... ........ . ...... ..... .. ...... WORMS COMPEMIATION C 8060SM7 AND MOWYM LIABILITY ............ . OTHER DRICIN1117M OF CPEUTC$ItAX"TICNWVMICLXNIPMCIAL Tres THIS CERTIFICATE IS IN REGARDS TO THE CONTRACT REFERRED TO AS JANITORIAL MAINTENANCE OF CITY FACILITIES, CITY OF SAN JUAN CAPISTRANOIS LIABILITY ENDORSEMENT IS ATTACHED --- - — --------- AW"w" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO 1". EXP4RAT1ON1 DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO COMMUNITY REDEVELOPMENT AGENCY - MAIL 30 DAYS wRiTrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 32400 PASE0 ADELANTO LEFT, BUT FAILURE TO MAIL SUCH NOME SHALL IMPOSE NO OBLIGATION OR SAN JUAN CAPISTRANO, CA., 92675 Ts AGENTS OR REPRESENTATIVES. LIABILITY OF ANY KIND UPON THE COMPANY, I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 13ELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDMONS OF S" POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAAD CLAIMS. 10 TYPE OF INSUPIANCE POLCY 11111.111111111131 POLICY EFFECTIVE POLICY 93WMTON WHITE .TR DATE MM1DQffY) DATE WMIDD/M A av"Ru umam GENERAL AGGREGATE $ 1,000,00 COMMERCIAL GENERAL LIABILITY TBA PRODUCTSt� AGG. 8 1fO004,00 CLAW MADE X I OCCUR. PERSONAL & ADV. NJURY S 01/06/93 01/06/94.11.1 .......... .1,000,00 ........... OWNERS & CONTRACTORS MOT. EACH OCCURRENCE 8 11000000 FIRE DAMAGE (Am hre) S 50,,00 MEE). EGENSE (Arry per"): S 5100 AUTONDIRLE UMBILMY COMBINED SINGLE B, i ANY AUTO BAS1357420 LIMIT 1,000,00 X ALL OVINED AUTOS 10/01/92 10/01/91GOoLy"my SCHEDULED AUTOS (Per Perim) X HIRED AUTOS BODILY KA)RY NON-OMED AUTOS (Per awdani) GARAGE LLABLRY Imem LIMIRLITT UMBRELLA FORM OTHER THAN UMBRELLA FORM ..... ........ . ...... ..... .. ...... WORMS COMPEMIATION C 8060SM7 AND MOWYM LIABILITY ............ . OTHER DRICIN1117M OF CPEUTC$ItAX"TICNWVMICLXNIPMCIAL Tres THIS CERTIFICATE IS IN REGARDS TO THE CONTRACT REFERRED TO AS JANITORIAL MAINTENANCE OF CITY FACILITIES, CITY OF SAN JUAN CAPISTRANOIS LIABILITY ENDORSEMENT IS ATTACHED --- - — --------- AW"w" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO 1". EXP4RAT1ON1 DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO COMMUNITY REDEVELOPMENT AGENCY - MAIL 30 DAYS wRiTrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 32400 PASE0 ADELANTO LEFT, BUT FAILURE TO MAIL SUCH NOME SHALL IMPOSE NO OBLIGATION OR SAN JUAN CAPISTRANO, CA., 92675 Ts AGENTS OR REPRESENTATIVES. LIABILITY OF ANY KIND UPON THE COMPANY, I LLABIDLITY ENDORSEMENT CITY OF SAN WAN CAPISTRANO COMMUNrrY R.F-DEVFLOPMENT AGENCY 32400 Paseo Adelanto San 3u&n Capistrano, California 92675 ATTN: A. POLICY INFORMATION GENERAL INSURANCE I. Insurance Company COMPANY OF AMERICA 2. Policy Term (From) 06-L3_(To) 01-06 3. Named Insured SADDLEBACK COMO—ITY 4. Address of Named Insured 2570-1 TALA 5. Limit of Liability Any One-0—cc—urr—en—ceTA Endorsement # Policy Number TBA Endorsement Ef f ective Date 12- 16-9 2 �RPRISES General Liability Aggregate (check one-) Applies "per location/project" X Is twice the occurrence limit 6. Deductible or Self -Insured Retention (Nit unless otherwise specified�. 7. Coverage is equivalent to. Comprehensive General Liability form GL0002 (Ed 1/73) Commercial General Liability "claims -made" form CCO002 9. Bodily Injury and Property Damage Coverage is: "claims -made" X 11occurrence" If claims -made, the retroactive date is B. 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 theretoo it is agreed as follows: 1. INSURED. The City and the Community Redevelopment Agency, its elected or appointed officers, 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. CONTRLBUTION NOT REQL9F.ED. 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 City, its elected or appointed officers, officials, employees or volunteers; or stand in an unlkoken chain of coverage excess of the Named Insureds scheduled underlying primary coverage. In either eventp 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, af fords coverage at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1173), Comprehensive Gen Liability Insurance and Insurance Services Office form number GL 0404 Broad F comprehensive General Liability endorsement; or (2) Insurance Services Office Commercial General Liability Coverage, "occurret form CG 0001 or "claims -made" 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. SEVERABILITY 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 Company's limit of liability. 5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOS& , 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 of fic, officials, employees or volunteers. CANCELLATION NOTICE. The insurance afforded by this policy shall 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. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at. ATTN: TERRY DORSE /AGENT/AGENCY -FTitle) (Department) WESTLAND INSURANCE BROKERS (Company) P.O. BOX 18468 18952 RACARTHUR (Street Address) IRVINE, CA., 92715 (city) (State) (f ip �Cod e) ( 714) 833-2382 ?Telephone) D. SICNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER 1, TERRY DORSE (print/type name), wairant that I have authority to bind the below list insurance company and by my signature hereon do so bind this company. TIGNATUREWAUTHORIZFD REPRESENTATIVE (original signature reoired on endorsement furnished to the City) CPGANIZATICN: WESTLAND INS. BROKERS TITLE: AGENT ALEMS: P.O. BOX 18468, IRVINE, CA. 92713 TELEP��: ( 714) 833-2382 0 March 23, 1993 1776 Ms. Kathryn Hebel, Executive Director Saddleback Community Enterprises 25701 Taladro Circle, Suite D Mission Viejo, California 92691 Re: Consulting Services Agreement Dear Ms. Hebel: MEMBERS OF THE CITY COUNCIL COI-LENE CAMPBELL GARY L. HAUSDORFER GIL JONES CAROLYN NASH JEFF VASQUEZ CITY MANAGER GEORGESCARSOROUGH 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. The City has received all required insurance. Thank you for the great service. If we can be of any further assistance, please call. Very truly yours, 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