1997-0520_SOUTHLAND CONSTRUCTION_Contract (2 of 2)•
CITY OF SAN JUAN CAPISTRANO
COUNTY OF ORANGE, STATE OF CALIFORNIA
SPECIFICATIONS
AND CONTRACT DOCUMENTS
EXTERIOR PAINT
SAN JUAN CAPISTRANO LIBRARY
CITY COUNCII
DAVID SWERDLIN, MAYOR
GIL JONES COLLENE CAMPBELL
JOHN GREINER WYATT HART
CITY MANAGER
GEORGESCARBOROUGH
DIRECTOR OF PUBLIC LANDS & FACILITIES
JENNIFER MURRAY
0 MARCH 1997
0
EXTERIOR PAINT
SAN JUAN CAPISTRANO LIBRARY
TABLE OF CONTENTS
Notice Inviting Bids ....................................................
1
BidProposal.........................................................
3
Non -Collusion Affidavit .................................................
5
Designation of Subcontractors ............................................
6
Statement of Experience ................................................
7
Instruction to Bidders .................................................
8
General Provisions ...................................................
12
Detail Specifications.................................................. 14
• Technical Specifications................................................ 15
Contract........................................................... 17
0
• EXTERIOR PAINT
SAN JUAN CAPISTRANO LIBRARY
NOTICE INVITING BIDS
Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m. on the 15th
day of April 1997, receive sealed proposals or bids for the Exterior Paint - San Juan Capistrano
Library in accordance with the approved specifications on file in the Office of the City Clerk of the
City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at
the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California.
No bid will be received unless it is made on a proposal provided within these specifications.
A MANDATORY pre-bid conference is scheduled at 2:00 p.m. on the 8th day of April 1997, at the
City Offices. The Contractor shall have the opportunity of clarification or interpretation of any point
. or points of question within the specifications and contract documents. 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. A tour of the work
site will be conducted as part of the pre-bid conference. Bidders should allow one hour for this
tour. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible
for any instructions, explanations, or interpretation of the specifications or contract documents
presented to the bidders in any manner.
The City Council reserves the right 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.
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 specifications are on file in the Office of the
City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies
of the specifications for use in preparing bids may be obtained at the Office of the City Clerk, San
Juan Capistrano, at the address shown above. One set of specifications is available for each general
contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable,
is required for obtaining each set of specifications. There will be a $5 charge for postage and
handling on all specifications mailed.
Prior to the award of bid to the apparent successful, low bidder, they will be required to present a
valid City of San Juan Capistrano Business License and General Contractor's License. No bid will
be accepted from a Contractor who has not been licensed in accordance with the provisions of the
laws of the State of California relating to the licensing of Contractors.
• This Notice is hereby given and published by order of the City Council of the City of San Juan
Capistrano, and is dated `rxA A. /I /99
Cheryl Jo on, INty Clerk
City of San Juan Capistrano
Orange County, California
0
L
From:
CONTRACTOR
BID PROPOSAL
EXTERIOR PAINT
SAN JUAN CAPISTRANO LIBRARY
The undersigned, as bidder, declares that he has carefiilly examined the location of the proposed work
as described, examined the General Provisions and Detail Specifications, read the Instructions to
Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the
proposal is accepted, to complete said contract in accordance with the Contract Documents for the
following:
BID BREAKDOWN - Exterior Paint San Juan Capistrano Library
1.
Painting of Library exterior stucco walls
(Two coats latex flat finish w/color to match)
2.
Painting of Courtyard exterior walls
(Two coats latex flat finish w/color to match)
3.
Painting of Tony Bland Memorial exterior patio was
•
(Two coats latex flat finish w/color to match)
4.
Painting of back storage building
(Two coats latex flat finish w/color to match)
S.
Wood lattice work on exterior of building
(Two coats heavy body stain)
6.
Wrought iron on exterior of building
(One primer coat, one rust inhibiting enamel finish coat)
7.
Wood cap railings on wrought iron railings
(Spot primer as needed, two coats enamel finish)
8.
Window and door trim, including doors
(Spot primer as needed, two coats enamel finish)
9,
Wood ceiling on exterior walkway
(One coat polyurethane finish)
Total Contract Amount $
Total Contract Amount - Stated in Words
•
3
• The bid will be awarded based on an analysis of Bid Prices; Statement of Experience, Statement of
Equipment and all provisions noted in the General Provisions and Specifications Sections of this
Specification Package.
Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and
the providing of all necessary machinery, tools, apparatus, and other means of removal/installation;
also, the performance and completion of all the work in the manner set forth, described and shown
in the Specifications for the work. All prices quoted above shall include traffic control if required by
City. Contractor will not be required to pay for permits on City projects.
If the contract is awarded, the undersigned agrees to enter into a contract with the City and to
commence work within fifteen (15) calendar days from the date of the notice to proceed and to
complete same within thirty (30) calendar days.
It is understood that the city reserves the right to increase or decrease the frequency of any item or
portion of the work or to omit portions of the work as may be deemed necessary by the Director of
Public Lands and Facilities. The contract amount shall be adjusted to reflect these changes.
It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this
proposal or to award a contract to the undersigned at the prices stipulated.
• Signature of Bidder:
(If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all
individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.)
Dated
Dated
Business Address
Telephone Number
Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this
proposal, that they are correct to the best of his knowledge and that they constitute his proposal for
the work called out herein.
Dated:
Business Address
Dated:
Telephone Number
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• NON -COLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
being first duly sworn, deposes and says that he or she is
Of I the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder
to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or
agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;
that the bidder has not in any manner, directly or indirectly, sought by agreement, communication,
or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any
advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly
or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
• partnership, company, association, organization, bid depository, or to any member or agent thereof
to effectuate a collusive or sham bid.
Dated: Signature:
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On 119 before me, personally
appeared personally known to me or proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
E
• DESIGNATION OF SUBCONTRACTORS
Are subcontractors to be used on this project: Yes_ No.
If yes, please complete the following:
In compliance with the Provisions of Section 4100-4107 of the Public Contracts Code of the State
of California as amended, the undersigned certifies that he has used the sub -bids of the following
fisted subcontractors in malting up his bid, and that the subcontractors listed will be used for the work
for which they bid, subject to the approval of the Director of Public Lands and Facilities, and in
accordance with the applicable provisions of the specifications. It is understood and agreed that all
those portions of the work called for in the contract documents for which a subcontractor is not listed
will be performed by the undersigned through his forces. If no subcontractors are listed, all insurance
will be written in the name of the general contractor only.
1.
2.
• 3.
4.
5.
6.
7.
8.
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Item of Work Subcontractor Address Phone No.
M
Bidder's Name
Authorized Signature
• STATEMENT OF EXPERIENCE
THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF
QUOTATION.
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3.
Bidder's Name
Business Address
Business Telephone Number
Company Name
4. List at least six (6) Contracts of a similar type -
either currently held or held within the past 24 months.
From _ to _ City/Company
i
•
Signature
Company
7
Contract
Supervisor Amount
STATEMENT OF EQUIPMENT
•
THIS PAGE TO BE COMPLETED BY BIDDER AND SUBMITTED TO CITY AS PART OF
QUOTATION.
1.
2.
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Bidder's Name Company Name
Business Address
Business Telephone
4. State below the information for all equipment you have available for work.
Type of Equipment
Type of Equipment You are Offering Model Year Serial #
•
The Director of Public Lands and Facilities, or his authorized agent, may reject any vehicle or piece
of equipment and order it removed from the job site.
If your equipment does not comply with the specifications of equipment specified, state wherein your
equipment differs so that full consideration can be given to all offers.
Remarks:
•
Signature
Company
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INSTRUCTIONS TO BIDDERS
Secure Documents
Specifications and other contract documents will be available for examination without charge and
copies may be secured in accordance with the "Notice Inviting Bids."
Examination of Contract Documents and Site of Work
There will be a mandatory pre-bid conference for the purposes of clarification or interpretation of
specifications and contract documents. The bidder is required to examine the site of work, the bid
proposal, the Specifications and General Provisions very carefully. He shall satisfy himself as to the
character, quality and quantities of the work to be performed, the materials to be furnished and the
requirements of the Contract Documents. The specifications for the work cover conditions as they
are believed to exist, but it is not to be inferred that all the conditions noted actually exist, nor shall
the City or any of its officers or agents be liable for any loss sustained by the Contractor as a result
of any variance between conditions indicated in the Specifications and actual conditions revealed
during examination or progress of the work. The submission of a proposal shall be prima facie
evidence that the bidder has made such an examination.
• Interpretation of Specifications and Contract Documents
If any bidder should find discrepancies in, or omissions from the specifications or other proposed
contract documents, or if he should be in doubt as to the true meaning of any part thereof, he shall
at once make a written request to the Director of Public Lands and Facilities for correction,
clarification or interpretation of the point or points in question. The person submitting such a request
shall be responsible for its prompt delivery.
In the event that such a request is submitted and it should be found that certain essential information
is not clearly and fully set forth, or if it is discovered that errors, omissions, or points require
clarification in the specifications or documents, a written addendum will be mailed to each person to
whom a set of contract documents has been delivered. The City will not be responsible for any
instructions, explanations or interpretations of the documents presented to bidders in any manner
other than written addendum. Additional questions or inquiries may be addressed to the Department
of Public Lands and Facilities at 714/443-6363.
Addenda or Bulletins
The effect of all addenda to the contract documents shall be considered in the bid and said addenda
shall be made apart of the contract documents and shall be returned with them. Before
submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been
issued. A signed copy of any addenda issued by the City must accompany the bid documents. In all
cases, a signed acknowledgment copy of all addenda must be provided by the apparent low bidder
• prior to award of contract.
G:
C�
Disqualification of Bidders
No person, firm or corporation shall be allowed to make, file or be interested in more than one bid
for the same work unless alternate bids are called for. A person, firm or corporation who has
submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby
disqualified from submitting a bid in his own behalf.
PrQoWs
Bids to receive consideration shall be in accordance with the following instructions:
A.
Bids shall be made only upon the forms provided within these specifications; all bid items shall
be properly filled out; bid prices shall be stated and the signatures of all persons signing shall
beinlonghand.
B.
All prices and notations must be in ink or typewritten. No erasures will be permitted.
Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and
must be initialed in ink by the person or persons signing the bid.
C.
Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not
be considered except as required hereinabove. No oral, telegraphic or telephonic proposals
or modifications will be considered.
D.
The City will require bidders to furnish a statement of their experience.
E.
Each bidder shall list their proposed subcontractors on the form accompanying the proposal
•
in accordance with the provisions of the specifications.
F.
Bids shall be delivered to the Office of the City Clerk, City of San Juan Capistrano, on or
before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice
Inviting Bids." Bids shall be enclosed in a sealed envelope bearing the title of the work, the
name of the bidder, bid opening date and time of bid opening.
•
Licensing of Contractor
Contractor is required to possess a valid City Business License and a General Contractor's License.
Withdrawal of Bids
Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled
closing time for receipt of bids.
O ening of Bid Proposals
The City will publicly open, examine and declare the bids at the time set forth in the "Notice Inviting
Bids." Bidders or their authorized representatives are invited to be present.
Award of Contract or Rejection of Bids
No bidder may withdraw his bid for a period of sixty (60) days after the date set for the opening of
bids. The contract for the work will either be awarded or the bids rejected within sixty (60) days
from the date set for the opening of bids.
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0
The contract for the work will be awarded to the lowest responsible bidder complying with these
instructions and with the'Notice Inviting Bids." The City, however, reserves the right to reject any
or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical
errors or erasures.
The bidder to whom the award is made shall execute a written contract with the City and furnish the
stipulated insurance and other documents as required within fifteen (15) days after issuance of the
notice of award of contract. The contract shall be made in the form adopted by the City.
If the bidder to whom the award is made fails to enter the contract as herein provided, the award may
be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall
fulfill all obligations provided herein, as if he were the party to whom the first award was made. A
corporation to which an award is made shall furnish evidence of its corporate existence and evidence
that the officer signing the contract for the corporation is duly authorized to do so.
Time of Performance
The work shall commence within fifteen (15) calendar days from the date of issuance of the Notice
to Proceed and shall be completed within 30 calendar days.
Termination
• City may, without cause, terminate this contract at any time prior to completion by Contractor of any
of the services required hereunder.
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 City, less the amount of any
payments previously made, but in no event exceeding the maximum contract amount stated in the Bid
Proposal.
Workmen and Wages
Attention is specifically directed to all provisions of the Labor Code of the State of California with
regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the
City pursuant to said Code and as listed in the "Notice Inviting Bids."
Insurance/Indemnity
Prior to beginning work, Contractor shall be required to obtain comprehensive general liability
insurance and comprehensive automobile insurance in amounts required by the City. In addition,
Contractor shall be required to obtain Worker's Compensation Employers' Liability Insurance in the
statutory amount as required by State law. These insurance policies shall be maintained during the
term of the Contract. Prior to beginning work, Contractor shall provide to City certificates of
insurance evidencing that the required insurance coverages have been secured by Contractor, and
• Contractor shall provide endorsements to the City establishing that the City has been added as an
additional insured to the insurance policies required under the Contract. All insurance policies shall
it
•
•
state that the City shall receive thirty (30) days' notice of any changes in such policies, including
cancellation or reduction in coverage.
Contractor shall also be required to indemnify, defend and save harmless the City from and against
all claims or liability arising out of Contractor's activities pursuant to the Contract.
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•
•
•
GENERAL PROVISIONS
EXTERIOR PAINT
SAN JUAN CAPISTRANO LIBRARY
Scope of Work
The intent of these specifications is to provide information for the exterior painting of the San Juan
Capistrano Library as outlined in these general provisions and in the Detail Specifications.
All other materials required to complete installation shall be the responsibility of the Contractor.
Contractor shall furnish all supplies (including paint to match existing structure), labor, trucks,
equipment, disposal costs and supervision necessary to perform said work as described in
specifications and contract documents provided herein.
1) Work will be performed between the hours of 7:00 am and 5:00 pm, Monday through Friday.
2) Contractor will be required to supply a list of references for similar work performed and
additional references if requested by City.
3) Contractor shall provide City with required proof of Liability Insurance, Workmans
Compensation, Vehicle Insurance and City business licence as noted in contract.
4) Rates quoted shall include all materiaWsupplies, labor, equipment, transportation, insurance,
taxes and any other costs.
5) Rates quoted shall include all safety equipment required.
6) The bid will be awarded based on an analysis of: Bid Prices; Statement of Experience,
Statement of Equipment and all provisions noted in the Instructions to Bidders, General
Provisions and Detail Specifications Sections of the Specification Package.
7) At any time prior to bid date, Contractor may inspect City property for further information,
if desired. City representatives will be available if desired to answer questions.
8) Contractor shall protect any and all public/private property adjacent to work areas. Any
damage to public/private property resulting from Contractor's actions or omissions shall be
the responsibility of the Contractor.
9) All employees of Contractor shall wear a uniform or shirt which clearly identifies the
company.
10) All employees of Contractor shall wear an orange safety vest whenever working in City
streets, or within ten (10) feet of City streets.
13
• 11) Contractor must be able to provide a list of employees' names, dates worked, and hours
worked on each date if requested by the City.
•
•
12) Contractor shall be responsible for protecting all adjacent utilities during work. Any damage
to utilities resulting from Contractor's actions or omissions shall be the responsibility of the
Contractor. Prior to beginning any work which may require excavation, Contractor shall
notify Underground Service Alert (USA). Damages to underground utilities resulting from
failure to notify USA shall be Contractors responsibility.
13) Contract Termination - If at anytime, in the opinion of the Director of Public Lands and
Facilities, Contractor fails in any respect to prosecute any work with the diligence and force
specified and intended in and by the terms of the contract, notice thereof in writing shall be
served upon him. Should he neglect or refuse to provide means for satisfactory compliance
with the contract, as directed by the Director of Public Lands and Facilities, within the time
specified in such short notice, the City in any such case shall have the power to terminate all
or any portion of the contract.
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• DETAIL SPECIFICATIONS
EXTERIOR PAINT
SAN JUAN CAPISTRANO LIBRARY
1. Areas to be painted include:
a. All exterior stucco walls.
b. Exterior walls of courtyard.
C. Tony Bland Memcrial exterior patio walls.
d. Exterior of back storage building.
e. All wood lattice work on exterior of building.
f. All wrought iron on exterior of building.
g. All wood cap railings on wrought iron railings.
h. All window and door trim, including doors.
I. Wood ceiling on exterior walkway.
2. All "stenciling" which is on exterior areas referenced above will be restenciled in same colors
as existing.
3. Preparation of surfaces to be painted shall be as follows:
• a. All surfaces to be painted will be cleaned as needed to provide proper adhesion of
paint.
b. All masking, taping, stenciling and covering of areas to be protected.
C. All plant material will be covered as needed to prevent overspray or other damage.
d. All scraping, patching and sanding of lattice work and all other wood surfaces.
e. All patching and sanding of stucco walls as needed.
4. Paint application shall be as follows:
a. All stucco areas will receive two coats of latex flat finish.
b. All wrought iron will receive one primer coat, and one rust inhibiting enamel finish
coat.
C. Wood cap railings and wood trim will receive spot primer as needed and two coats
enamel finish.
d. Lattice work will receive two coats of a Heavy Body Stain.
e. Walkway ceiling will receive one coat of Polyurethane Finish.
5. Application and materials as follows:
a. Paint shall be Dunn Edwards or Sinclair. Contractor to provide color samples to City
prior to start of work.
• b. Contractor to pull away existing plant material as needed and "feather in" new paint
where required.
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• C. Contractor shall take every possible precaution to protect existing plant material.
d. Contractor to apply paint in a manner which will not cause damage to surrounding
buildings, vehicles, personnel or other property.
e. Contractor to provide safe entry and use of Library during painting.
f. Contractor to secure all materials and equipment at end of each work day to prevent
vandalism, spillage, odors or other problems.
g. Contractor to provide City with 24-hour phone number in case of emergency.
•
6. Clean -Up
a. Contractor shall collect and dispose of all paint, tape, coverings, cans and all other
material used on this project before payment is released.
b. Contractor shall clean all overspray from windows, adjoining areas, concrete surfaces,
light fixtures and other related items before payment is released.
C. All clean-up items shall be part of contract and no extra costs will be incurred by City
in relation to clean-up.
Final Inspection
a. Prior to payment, Contractor's representative shall inspect entire project with City
representative to insure that all items contained within the General Provisions and
Detail Specifications have been accomplished to the satisfaction of the City.
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• CITY OF SAN JUAN CAPISTRANO
EXTERIOR PAINT
SAN JUAN CAPISTRANO LIBRARY
CONTRACT
This CONTRACT is made and entered into by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as CITY and
hereinafter referred to as CONTRACTOR.
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. TERM. This agreement shall commence on the day of , 1997, and shall
remain and continue in effect through the _ day of _, 1997.
2. CONTRACT DOCUMENTS. The contract documents shall include this Contract, the Bid
Proposal, the Notice Inviting Bids, Instructions to Bidders, Non -Collusion Affidavit, Designation of
Subcontractors, Statement of Experience, Statement of Equipment, General Provisions and Detail
• Specifications.
3. THE WORK. The CONTRACTOR agrees to furnish all tools, labor, materials, equipment,
transportation, and supplies necessary to perform and complete in good and workmanlike manner the
exterior painting of the San Juan Capistrano Library in strict conformity with the Specifications and
all other contract documents, which documents are on file at the Office of the City Clerk, City Hall,
32400 Paseo Adelanto, San Juan Capistrano, California.
4. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, payments made
at the time in the manner set forth in the City's Capital Projects/Demand Payment Schedule, attached
hereto and made a part hereof.
Base contract amount is estimated not to exceed a total of
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.
At the sole discretion of the Director of Public Lands and Facilities, additions or deletions may be
made to this Contract which may result in an increase or decrease in the work required. All changes
will be submitted to CONTRACTOR in writing and shall be identified as addendum to this Contract.
5. 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.
6. GENERAL PROVISIONS. General provisions for the work to be performed are contained
herein and are made a part of this Contract by reference.
7. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code
of the State of California, conies 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 subcontractor under him, shall pay not less than the
foregoing specified prevailing wages to all workmen employed in the execution of the Contract.
8. INDEPENDENT CONTRACTOR. 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. All persons employed to provide services under this Contract shall be employees or
contractors of CONTRACTOR and shall not be deemed employees of CITY for any reason or
purpose. CONTRACTOR shall be responsible for providing worker's compensation insurance
coverage for all persons employed to perform services under this Contract. 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.
•
9. INSURANCE.
a) Comprehensive General Liability. CONTRACTOR shall maintain in full force and
effect comprehensive general liability coverage, including premises operations, products/completed
operations, broad form property damage and blanket contractual liability in the following minimum
amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited to contractual
period.
b) Comprehensive Automobile Liability. CONTRACTOR shall maintain in full force
and effect comprehensive automobile liability coverage, including owned, hired and non -owned
vehicles in the following minimum amounts:
• $500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited to contractual
period.
C) Worker's Compensation. If CONTRACTOR 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.
These policies shall not terminate, nor shall they be canceled nor the coverage reduced until
after 30 days' written notice is given to the CITY.
Prior to beginning work, CONTRACTOR shall provide to CITY certificates of insurance
establishing that the required insurance coverages have been secured by CONTRACTOR.
CONTRACTOR shall provide an endorsement to CITY establishing that CITY has been legally
added as an additional insured to the insurance policies required under this agreement.
CONTRACTOR shall indemnify, defend 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
CITY, 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.
10. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC
CONTRACTS. CITY is subject to the provisions of the Public Contracts 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 Subcontractor, 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.
11. NON -DISCLOSURE REQUIREMENTS/CONFLICT OF INTEREST. Pursuant to Council
Policy, it has been determined that the services to be rendered under the provisions of this Contract
are excluded from the requirement of filing a Financial Disclosure Statement by California
Administrative Code Title 2, Sections 18700 (2) (A) and (B) and 18730.
• CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public
agency interest in this Contract has any pecuniary interest in the business of CONTRACTOR and that
no person associated with CONTRACTOR has any interest that would conflict in any manner or
degree with the performance of this Contract. CONTRACTOR represents that it presently has no
interest and shall not acquire any interest, direct or indirect, which could conflict in any manner or
• degree with the faithful performance of this Contract. CONTRACTOR is familiar with the provisions
of Government Code Section 87100 and following, and it certifies that it does not know of any facts
which constitute a violation of said provisions. CONTRACTOR will advise the CITY if a conflict
arises.
12. LICENSING REQUIREMENT. CONTRACTOR and Subcontractors are required to
possess a valid City Business License and valid State Contractors License (C-10).
IN WITNESS WHEREOF, this Contract is executed by the duly authorized agent(s) of CITY,
pursuant to Council action, and by CONTRACTOR on the date set before the name of each.
DATED: BY:
• DATED:
ATTEST:
Cheryl Johnson, City Clerk
APPROVED AS TO FORM:
John Shaw, City Attorney
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CITY OF SAN JUAN CAPISTRANO
David Swerdlin, Mayor
Contractor