HomeMy WebLinkAbout2010-007 Mark Simon Sewer Maintenance • 3
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CITY OF ATASCADERO
'PonG�i A'n'. 1
1915' %'f 19 8
CONTRACT FOR
Mark Simon Sewer Maintenance
for
y
SANITARY SEWER CLEANING AND CLOSED-'CIRCUIT TELEVISION
INSPECTION PROJECT ,
CITY BID NO.2009-013
J ; AX _L
"e o:
199
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CONTRACTOR SERVICES AGREEMENT
`FOR THE
. "�CITY-OF ATASCADERO
MARK'SIMON.SEWERMAINTENANCE
y 4THIS CONTRACT,is'made{and'entered into'betweemCity_of., tascadero ("City"),
and,Mark'Simon-,Sewer=Maintenance'("Contractor"). City andContractor agree_as follows:
1. SCOPE AND STANDARDS:
A. CONTRACT. Contractor'shall do all work, attend`all meetings, produce all reports
and.carry out all activities necessary, to complete the service's described in the SCOPE OF
,SERVICES, attached hereto a'
- WORK AND STANDARDS fOR andincorporated herein. by .this
reference-as Exhibit A, as requested by,the City. This Contract and its exhibits shall be known
as the "Contract Documents ,Terms set forth in any Contract'Document shall be deemed to
be incorporated'in all Contract Documents as if set forth in full therein.
2. _EMPLOYMENT STATUS OF PERSONNEL:
A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONTRACTOR. Contractor-
enters into this `_Contract as, and shall° at all times remain as to the City, an independent
contractor and,not,.as an��employee of the City. Nothing!in this'Contract shall be:construed to
be inconsistent'with this relationship or status. Any persons "employed by Contractor for the.
performance of;services pursuant to this Contract shall remain employees of Contractor, shall
at all timesbe under,'the direction, and control of Contractor,.and shall not be considered
employees of City. All persons employed by Contractor,to perform services pursuant to this
,6
Contract shall be entitled' solely'to the right and privileges,afforded to Contractor employees
and shall not be entitled, as a result of providing services hereunder, to any additional rights or
7 ,privileges that may be afforded to City employees.
P
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B INDEPENDENT INVESTIGATION: -The'Contractoragrees and-hereby..represents it
saatisfied'+itself by its own:.investigationeand research.regardin6 the conditions affecting the
Sha
r work;to°be°doneEand=laborand.materials°needed,randahat;its-decision,to,execute this Contract
is,based on such.independent,investigation'and research.
C. COMPLIANCE WITH EMPLOYMENT LAWS. The',Contractor�shall keep itself fully
-_informed-of;-shall�,observe"a,and;;comply,,with,- and.,shall cause anyn and"Al h,persons,_firms or
P p y y servegand comply twith,'applicable federal,
corporations em to ed b .it'or,under its°control to°ob
state noun and munici al',laws`„ordinances, regulations, ,.orders and decrees which in any
ty p z.
r manner affect those. engaged'or.employed' on the work described by this- Contract or the
-materials used or which in any,way affect the conduct of the work'
D. UNLAWFUL DISCRIMINATION PROHIBITED. .„Contractor,,,�shall not, engage in
unlawful,�emoloyment'disdrimination =;Such unlawful employment,disceirbinaition�includes, but is
snot limited:,to;--employment,"discriminatio n,.'based:upon„a,;peiso'n's'race;¢'religious creed, color,
u national sz1origin, ,ancestry, ,physical°..handicap, medical °condition; .marital status, gender,
citizenship or.,sexual�orientation.
3. TIME OF PERFORMANCE:
' �, . � - � and time)
=u The�services,o&'Contractor�areryto°commence upon execution of4 his�:Contract,by City,
and shall'be undertaken and completed,in a prompt a y mannerjn accordance with the
Scope�of Work referenced in Exhibit A. Except as provided in'Sections 6 and 19 below, this .
Contract,, shall'- terminate no later than March 1, 2011, unless;,extended by the mutual
agreement of.both"parties.
4. COMPENSATION:
A. TERMS: Compensation to the Contractor shall be:as set forth in Exhibit B attached
hereto„arid made a part hereof:
B: ;NO.`PAY FOR ADDITIONAL'SERVICES WITHOUT WRITING. Contract or shall not
,.
be compensated for any services rendered`in connection,with its performance of'this.Contract,
which are in addition to those set.46rth��herein or listed in Exhibit A, unless such additional
services are,=authorized in advance`.and in`writing, by the Executive Director of the ,City or
designee4`(hereinafter "Executive's Director” shall: nclude"the Executive Director's designee).
Contractor sh
all be compensatedfor any additional services ir the amounts and in the manner
;
as agreed to by`City.and 'Contractor atthe time City's express,written authorization signed by t
the Executive Director is given to<Contractor for the,pelformance of said services.
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5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL:
A. CONTRACTOR SUPERVISES PERSONNEL. The 'Contractor shall have the
responsibility':for supervising the services provided under this,Cofitract, hiring of personnel,
.establishing standards of:performance, assignment of personnel,,•determining and affecting
�.discipline; determining required.training, maintaining personnel files,:and otherpatters relating
to°the performance�of services and-,.control of personnel. The City,may use,any reasonable
means to monitor,performance.,and°the Contractor"shall comply with the;Executive Director's
request to monitor performance.
B. PERFORMANCE' NOT'SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Contractor may be obligated,to comply with bargaining agreements
and/or,other agreements with-,employees,and that the Contractor is legally obligated to comply
with-these Contracts. It is-expressly the intent of the parties and it is agreed by the parties that
'the Contractor's performance,..shall not in any manner be subject to any bargaining
-,R-agreement(s) or any other,agreement(s) 'the Contractoramay'have,covering and/or with is
employees.
C. APPROVAL OF*STAFF' MEMBERS. Contractor shall make every reasonableeffort
-to maintain the stability-an&continuity of,,Contractor's•staff assigned tokperform the services
r required'under this.Contract._,Contractor.ahall notify�City,o any changes in.Contractor's staff to
be<'assigned to perform'thee,services�tequired underhis Contract and,shall obtain the"approval
of the-�Executive, Director,of a.,°list:of°all :proposed :staff-.members who are`to -be-assigned to
perform services under this Contract prior to any such performance.
6. TERMINATION:
A. 30 DAYS NOTICE. The City, upon thirty (30) days-written notice, may terminate this
Contract, without cause, at any time. In the event of such termination, Contractor shall-be
compensated for non-disputed`fees under the terms of this Contract up to the date of
termination.
4N
B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Contractor shall not be relieved,of liability to the City for damages sustained by the
City by virtue of any breach of this Contract by Contractor, and the City may withhold any
payments due to Contractor until;such time,as the exact amount of damages, if any, due the
City from Contractor is determined. All of'the 'indemnification, defense and hold. harmless
obligations in this-Contract shall survive termination.
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7. CHANGES:
The City or Contractor may; from time to time, request changes in the scope of the
-'= ,services of,Contractor 1wbe:performed hereunder. ,Such.changes, including any increase or
._Aecrease,in the amount of Contractor's_compensation and/or changes in,the schedule must be
authorized in advance by both''.Parties in writing. Mutually,,agreed changes shall be
incorporated .in written amendments to 'this Contract'. 4 Any`,increase in .the amount of
rContractor's compensation:and/or changesin.Exhibit A-and.orl,Exhibit B,must;be-authorized in
advance by the ExecutiveDirector.
.8. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed
',that all,materials prepared by the Contractor under this Contract:aare upon creation and shall be
at all times the exclusive`property,W the City, and the Contractor shall have no property right
therein whatsoever. City-agrees that Contractor shall bear no responsibility for any reuse of the
' -materials prepared by.the Contractorrif Used for purposes=other,than.,those expressly set forth
,inat e Intended Use ofF.Contractor's Products and.Materials"section.of,this•Contract. Contractor
shall:not,disseminateany;information or-reports-gathered-or created pursuant to-this Contract
without�the prior written approval of City 'including without limitation -information or reports .
required by'government='agencies-to.enable Contractor,to,perform its.duties under this Contract
°and as:may:be:;required-under the°California-P.ublic Records],Actexcepting=therefrom as may
be`providedby court.order. '.Contractorwill.be,allowed Wretaincopies of all.deliverables.
B. CONTRACTOR TO DELIVER CITY PROPERTY. Immediately upon termination, or
upon the request by the City, the City shall be entitled to, and the Contractor shall deliver to the
City,all data, drawings, specifications, reports, estimates;summaries and other such materials
'. and property of`the City as may'have been prepared or accumulated to date by the Contractor
in performing this Contract. Contractor will be allowed to retain,copies of all deliverables to the
City.
9, CONFLICTS OF INTEREST
A. CONTRACTOR covenants;that neither it, nor any officer or principal of its.firm, has
or,shah acquire any interest, directly or indirectly, which would conflict in any manner with the .-
interests of City or which would in'any way hinder Contractor's performance of services under
this Contract. Contractor furthercovenants,that in the performance of this Contract, Contractor
shall take reasonable care to ensure;,that, no: person having any such interest shall be
_ employed by it as an officer,, employee,',age or subcontractor without the express written
consent of the Executive Director. Contractor agrees to at all times avoid conflicts of interest
or ther appearance of any conflicts of interest with ,the interests of City in the performance of
this Contract. "Contractor agrees;to include language similar to this Section 9(A) in all contracts
with subcontractors and agents fr,the work contemplated herein.
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10. CONFIDENTIAL INFORMATION:
A. ALL INFORMATION REPT'IN CONFIDENCE. All,materials-prepared or assembled
by.Contractor pursuant to:performance!of this,Contract.are confidential-4nd Contractor agrees
,that,theyashall;notybenmade°available.to any individual'or. organi ation.,without the prior written
approval of the City, except bycourt order.,
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE: If Contractor or any of its
;officers,temployees,�'or,subcontractors.,does voluntarily proyide=+information. in,violation of this
Contract,-the City has the-right to reimbursement and indemnity party releasing such
information for any damages!caused by the releasing party's, including the non-releasing
.. party's t attorney's ;fees .and 4sb6rsements, including without limitation expert's fees and
disbursements.
C. COOPERATION': :City,and°,Contractor shall promptly, notify.the. other party should
4-
y. Contractor°or City,°-its.°officers, employees, agents, or°subcontractors be served with any
summons,:-complaint, 'subpoena, ;notice_of deposition, request forAocuments,,interrogatories,
request for.admissions or4 other. -court order_ or subpoena from any party
regarding his`contract,and_,the work,'performed thereunder:or with respect to any project or
ro a located within the, 'City., City_and, Contractor :each -retains the right, but 'has no
fobligation,,;to;represent1he�otherparty'and/or be,present atiany deposition; hearing or similar
proceeding. Contractor andkCity agreexto-.cooperate-fullywiththe-other.,party.and'to provide the
other party with,;the 9opportunity�to 'review any. response to,discovery requests provided by
Contractor or City. However, City and Contractor's right to review,any such response does not
imply or mean the right by the other partyto control, direct, or rewrite said response.
11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES'
A. CONTRACTOR PROPERTY. Contractor shall', furnish all necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform the
services required by this Contract: City acknowledges that,all,equipment and other tangible
assets used by Contractor in'providing these services are the.property of Contractor and shall .`
remain the property of Contractorupon termination of this Contract.
B. SPECIAL SUPPLIES._'City,shall be responsible for supplying any special supplies,
stationary, notices, forms'or similar items that it requires to be issued'with a City logo. All such
items'shall'be approved by the, Executive Director and shall be provided at City's sole cost and
expense.
12. COMPLIANCE WITH LAW
A. COMPLIANCE REQUIRED: Contractor shall keep itself informed of applicable local,
state, and federal laws and regulations which may affect those employed by it or in.any way
affect the performance of its,services.pursuant to this Contract. Contractor shall observe and
comply with all applicable°'laws, ordinances, regulations and'codes of federal, state and local
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r governments, and shall commit no trespass on any public or private property in .
performing any of the work authorized by this Contract. "Contractor shall at all times hold a
` valid contractor's license if performing any function or activity,forwhich a license is required
r pursuant-to�Chapter9 (commencing=with-section 7000)-bf,Divisiori3,6f the California Business
-'and Professions Code,,and'Contractor shall provide."a copy of the licenses) upon the request
of.the.City. The City, its-.officials,officers, electedtofficials,`appointed•officials,and employees
';shall not'be-liable aflaw oriwequity.-as.a result of anyfailure of.,contractor to-comply with this
section..
B.- PREVAILING WAGES.'
The:Contractor is=required;topay;prevailing wages for the
-wor4efformedunder this Agreement: The Contractor,shall;pay all-penalties and wages as
required by applicable law.
C. WITHHOLDING. In° accordance with State of, California Franchise Tax Board
;nonresident withholding guidelines, :City is required to Awithhold from all payments or
distributions of California source Income made to a nonresident;payee.when the payments or
wdistributions are greater than $1;500.00',forthe calendar year. i°The withholding rate is seven
`qP ( o ) g pendent�contractor for services
percent', 7/0 of, ross payment, a nonresident:=inde
performed in California: This;ipercentage will be automatically withheld-from Contractor
.paymentsand forwarded directly 'to the State of California `Franchise Tax Board on
Contractor's-behalf.
13. SUBCONTRACTING:
None of the services covered,by this Contract shall"be subcontracted without'the„prior
written consent'of,the Executive,!Director. Contractor shall be:as fully responsible to the City
contractors,•and of persons
for the, negligent acts .and omissions
either,directly or''indirectly employ— by them,contractors
t iso for the,negligent acts and omissions of
persons.directly employed by Contractor.
14. ASSIGNABILITY:
i nmshall not assign,Cl j-or transfer any interest -in this Contract whether by
• - Y . e
ass9_ Contractor only with prior written
' en
Cityv,,under th snContract may berasls assigned t aaims �financ financial institution, o yontractor�from the
` consent"of`the 'Executive bisector: Notice-of any assignment or.transfer whether voluntary or
involuntaryshall 'be furnished prom `tl ' to ,the Ci The rights and 'benefits, under this
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agreement are fo"r the sole and exclusive',.beInefit,:of the=City and''this Contract shall not be
construed that any third party hasan_interest in=the,Contract
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-15. LIABILITY OF CONTRACTOR:
Contractor shall be responsible'for.performing the work under this Contract in a manner
which°is consistent:with"the generall _Accepted standards of.Contractor's profession and shall
3 bekliable for its.ownnegligence,and°the negligent acts of. its employees, agents, contractors
antl subcontractors.._ The City shall have,�no right of control over-the manner in-which the work
t JsAo�°be done>but only as to-its outcome,-and-shall not.be.charged with the responsibility of
preventing riskao>Contractor or.its:employees,.:agents;,contractors:wsubcontractors.
j 16. INDEMNIFICATION:
A. INDEMNIFICATION,FOR,PROFESSIONAL LIABILITY '•When,,the:'law-establishes a
professional standard of care for.Contractor's Services, tothe fullest extent permitted by law,
Contractor shall indemnify,, protect; defend and hold harmless City and any and all of its
,3 officials,,-`employees,and agents ("Indemnified Parties") from,and against any and all losses,
_Jiabilities,�damages, costs andaexpenses, including attorneys fees and costs to the extent same
' �w,are=;caused Jnrv-_whole_wr,4no,,part-by,,any 'negligence, or wrongful pact,_error-or -omission of
Contractor, °.willful misconduct; .-or,-.,-recklessness of its yofficers,,sagents, employees or
subcontractors (or any entity`or,individual'that'`:Contractor shall'bear fhe.legal liability, in
-- the}performance of;.professionalservices;under:.this°agreement:
B. INDEMNIFICTION FOR OTHER THAN PROFESSIONAL, LIABILITY. Other than in
the=Pperformance°of profession6 services and,to�the,full.,extent,permitted' by-law, Contractor
shall!;indemnify;)def6nd,,afid5holdeharmless Cityjand•any;�and all of,its�employees;officials and
agents from `andYagainst�anyiiiability°(including liability for°'claims,. suits,t'actions,`arbitration
proceedings„administrative proceedings, regulatory proceedings, losses, expenses or costs of
any kind, whether.actual, alleged or threatened, including attorneys fees and costs, court
costs, interest, defense costs, and expert witness fees),.where the same arise out,of, are a
consequence of, oe�,are in any way•attributable to, in whole or in part, the performance of this
Agreement by`Contractor or by any individual or entity for which contractor is legally liable,
including' but not limited to officers, agents, employees or subcontractors of Contractor.
C: .GENERAL INDEMNIFICATION PROVISIONS. Contractor agrees to obtain
executed,indemnity agreements with provisions identical to those set forth here in this section
for each";and-every subcontractor or any other person or entity involved by,Jor, with_or on
_ behalf of Contractor in the performance of this agreement.,- In; the event contractor fails to'
obtain such indemnity obligations from;others`as� required' here, Contractor agrees to be fully
j responsible according to the terms of this section. -'Failure of City to monitor compliance with
h these requirements imposes no ;additional obligations on City and will in no way act as a
waiver of any rights hereunder. This'obligation"to indemnify and-defend City as set forth here
9
is binding on the successor, assigns or heirs of Contractor and shall survive the termination of
this agreement or this section.'
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17. INSURANCE:
` Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurancecoverage as specified in Exhibit C attached`to and part of this agreement.
18: RECORDS:
Contractor shallmaintain-complete*and accurate records .with respect to labor costs,
4�
material expenses, parcels;abated-or=serviced and other-such information required by City that
p services-under this Contract. Contractor�shall maintain adequate
. .,.,relates to the: erformance of s
hrecordsi,dUservices provided in:sufficient Aetail to permit'aan.evaluation-of-:services. All such
records shall be,maintained,in..accordance with generaliytaccepted accounting principles and
shall be-clearly identified and readily accessible and in a form acceptable.to the City, which the
City may,specify ,and change from time to time. Contractor shall provide free access to the
representatives of City or its'designees,-at reasonable times, to such-books and records, shall
give City the right to examine and.audit said.,books and; records, shall permit City to make
transcripts•therefrom•as'Inecessary,- and:shall allow-:inspection of,all:.work,.:data, documents,
,,proceedings, and activities related;to�this Contract. Such records," together with supporting
documents, shall'-be maintained,for,a.period of three(3) years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR - SUBSTITUTION. City has ''',an NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In;performing this .Contract,. the .parties
shall,�not-,discrimihate or grant.preferential treatment•on:the-,basis 'of race, tsex,. color, age,
religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest
extent; allowed by law," with` all applicable local, state, and federal laws relating, to
nondiscrimination:
B. UNAUTHORIZED ALIENS. Contractor hereby.promisesand agrees to comply with
all of the provisions-of theFederal Immigration and Nationality°Act (8-U.S.C.A. & 1101 et seq.),
as amended; and in connection therewith, shall not employ unauthorized aliens as defined
therein:.Should Contractor so employ such unauthorized' aliens for the' performance of work.
j and/or services -covered by this contract, and should the 'Federal Government impose
` sanctions against the City for, such use of unauthorized aliens, Contractor hereby agrees to,
and shall, reirriburse City for the cost-of all such sanctions imposed, together with any and all
costs, including attorneys'fees,'incurred'by the City in connection therewith:
A C. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern ithe,interpretation of this.Cont ract. Any litigation concerning this
Contract shall take-place in the San Luis Obispo'Superior-Court, federal' diversity jurisdiction
being expressly waived;.
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D. City has an interest is the qualifications of and capability of the persons and entities
that will, fulfill the,duties and obligations imposed., upon Contractor" by this Contract. In
-recognition of that interest,.neither any,complete nor partial assignment of this Contract, may
be, made by Contractor nor,changed, substituted` for, deleted, or`added°to=without the prior
,written consent of .City which,consent-shalt not be unreasonably_withheld. Any attempted
`assignment or;substitution shall be ineffective, null, and void,-and constitute-a material breach
,of:this,Contract 'entitling City'to, any and ?all,remedies-at law or.in equity, 'including summary
'termination of this Contra&.Subcontracts, if any, shall contain a provision making them subject
to all-,provisions stipulated in' this Contract.
E. ENTIRE CONTRACT. This. Contract constitutes .the entire Contract and
understanding between the parties,relative to the services specified- herein and there are no R
understandings,-agreements, conditions; representations, warranties or promises, with respect
to this'Contract, except those 'contained in or referred to in this Contract and this Contract
supersedes all prior-understandings;„;agreements, courses of°conduct;prior dealings among
the parties and documentation,of any kind without limitation;
F. AMENDMENTS. This .Contract may.,be modified; or amended, or any of its
provisions waived; only'by_a-subsequent written agreement executed by each of the parties.
The parties' agree,that this.�`req uirement for written ornodifications, cannot be waived and any
attempted-.waiver,shall be'void.
G , CONSTRUCTION, AND INTERPRETATION. Contractor, and City agree and
acknowledge that the provisions of this Contract have been arrived at through negotiation and
that each party has hada full and fair opportunity to revise the°provisions of this.Contract and
to have such provisions reviewed'by legal counsel. Therefore, any ambiguities in construing or
various sections are mere) -all not'be resolved a ainst'the drafting� interpreting this Contract shall g g party. The titles of the
y informational and shall not be construed as a substantive portion
of this Contract
H. 'WAIVER. The waiver at any: time by any party of any of its rights with respect to a
default or other matter arising in connection:with this Contract'shall not be deemed a wavier
with respect.to any subsequent default or-other matter.
I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision,of this
Contract shall not render the other provisions invalid, illegal,or unenforceable.
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J. NOTICES. All invoices;, payments, notices, demands; requests, comments, or
sapprovals 'that are required o be;given 7by lone,,party to.the other-under this Contract shall be
�in writing:and`shall be deemed to tiave been given if delivered ,personally or enclosed in a
'.properly addressed=envelope"and,deposited in a United' States'f Post Office for delivery by
d
n.
_,registereor...certified mail;addressed`to;the parties-(deemed to`have been-received three (3)
business days after deposit in the U.&",Mail) at the'following addresses:
City: City.of Atascadero
;Public Works Director
6907, ElyCamino Real
Atascadero,;CA 93422
Contractor MARK SIMON SEWER MAINTENANCE
Mark Simon
Pasox 842'
Socorro; New Mexico 87801
Each a may change,ther address at which it gives notice
b -giving ten (1.0) da s
P rh/ Y9 Y 9 9 Y
advance,'written notice to the=other party.
K. AUTHORITY TO.EXECUTE Thes,person.or personvexecuting this.Contract on behalf of
Contractors,warranV and 'represent that
they have the .authorityAo execute,this Contract,on
'behalf dl`Company and Jurthermwarrant and represent:that-they have the-authority to bind
Contractor to the performance,of itsKli tions hereunder.
to this day of , 2010 by the`.parties as follows,
{ Approved as`to form: MARK SIMON SEWER MAINTENANCE
By:
Counsel for contractor Mark Simon, Owner
Approved as to for CITY OF ATASCADERO
f,.
At `
By Brian P S,By:
ierik, City Attorney Wade G'McKinneyCi Manager
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CERTIFICATE OF .COMPLIANCE
l `
WITH LABOR CODE § 3700
I am aware of-the provisions of Section 3700 of the Labor Code which require,every employer
,to be--,insured against'liability°fore,workers' compensation,orto.undertake-self=insurance in
'. accordance with the-provisions of that-code, and I have complied or.will comply with such
-,,provisions I beforecommencin'g the°performance of the work of:this contract..(Cal. Labor C.
§§1860, 1861.)
CONTRACTOR
Mark Simon,'Owner
658615.1
DRAFT'06/4/014:33 PM A
EXHIBIT A
Scope of Work
All work performed shall comply With engineering plans and specifications instructions,
per,bid package Sanitary Sewer Cleaning and Closed-Circuit Television Inspection
Project, City Bid No.2009-013,,hereby incorporated by reference. The Sanitary Sewer
Cleaning and Closed-Circuit Television Inspection Project consists of the following:
1• CCTV Inspection: closed circuit television (CCTV) inspection of existing in-
service gravity sewer, ranging in size from 6-inch to 21-inch diameter, using
methods and equipment in accordance with the Contract Documents. Work
shall include thorough .inspection of the main, pipe,:inspection of. all visible
defects and abnormal conditions, inspection of all service connections,
comparative rating .of pipeline defects, .detailed_;documentation of inspection
findings, and deliveryof,required data and work product. Work under this item
shall include all associated#raffic control requirements.
2. Data'Reguirements conform data logging and defect coding developed during
the1nspecti'on process to match established NASSCO standards.
3. 'Cleaning of Sewer Pipe hydro-cleaning'70ravity sewer lines between ,6-inches
and 2-1 inches in diameter, inclusive of vacuum:debris removal. 'Unit pricing
shalt'be"based on a "standard" cleaning requiring,no more than three passes .
of the jetting nozzla.' Cleaning shall be performed with a full-size combination
sewer cleaning machine acceptable to the City' Engineer. Utilizing a high-
pressure" (2000-psi)', hydro-fetter combination truck, contractor shall remove
debris from all sewer,pipelines. Debris shall be pulled into the working manhole
-and removed using a vacuum combination`truck. „Contractor will be responsible
'
for providing all necessary water. Contractor,may purchase water from the
Atascadero MutualWater Company (AMWC). A water meter shall be obtained
from:"AMWC by Contractor prior to connecting oto fire hydrants. Debris
disposal shall.be at the City's wastewater treatment facility.
prepare the.project report
in re 6Ka way that it can be used to
The Contractor shall also .
help satisfy the reporting elements within th Q _ regulations; and make
recommendatons,for°an ongoing;program of CCTV investigation that can be performed
by City staff; and provide report data in an electronic'format that can be used by City
Staff for tricking.progress of system improvements.
Per the specifications, the contractor shall diligently prosecute the work to completion
before the expiration of 180 calendar days after the.Notice to'Proceed has been issued.
rev 5/1/06
7921193
a
EXHIBIT A (continued)
% =Contract�is not completed�lbefore,or,upon.the�expiratiomof..the-time�,limit°as,set;forth.in
thesespecifications ;damagelwill abe'sustained by the City,,and that it is and'will be
M impracticable to-determine the actu6i5damage,which•the�Citpwill sustain,'in aherevent:of any.,
'f
brreason,ofisuchdelay;k arid',it is,therefore)agreed.that.the Contractor°wilI pay to.the City the
,. sumbfiMo•hundred'fitty;Ldollars�($250 00)�per:�dayrfor,eachland:every calendar.`day delay
:e
beyond.the time:,prescribed>to.completeAhe>work;.and,�the Contractor,agrees,.to,pay such
F Liquidated Damages as�herein provided:�and�in_caselthe=same are:anotxpaid agrees'that-the'
t,. _Citycmay deduct;the-amount -from,any!moneys:duesdr=.that<may�become due-the
Contractor.under the contract. .
Jhe:Contractorahall not'be'assessed with Liquidated'Damages, nor the costs of
x�-engineering and inspection during any delay-in the completion`of the..work-caused',by.acts of
:_the-federal governmentforthe�public-enemy, or acts of.God,,'fire;floods, epidemics, severe
,�weather;.or.delays:of subcontractors due to,such;.causes;,providedahatAhe Contractor shall,
.withinten1(10)fdaysJr6mahebeginning"of,such:delay;,notify<the:City:Engineer-in!writing ofahe
s.ycause�ofodelay;Y;who shallaascertain,,,the.-facts!and:extent of the:delayt and;his=finding:of the
tJacts,thereowshall,be,final and:conclusive.
e
i
A
rev 5/1/06
792119.3
EXHIBIT B''-1
Compensation andMethod of Payment
:Services 3provided.as:described in-the Sanitary.Sewer�Cleaning and�Closed=Circuit Television
Inspection?Project°specifications;,will;not.exceed`the-total,contract',price`.df$199,980.00.
9 Anyfadditionab:services notaincluded in".theof serviommust.be+approved-by a City of
aAtascadero Change'Order�pri&Ao performing any additional:work. All additional work
�;rauthorized by.a;City:of Atascadero;.Change Order will be=compensated,at,the same unit.cost
for the4defined services-a determ ne' onthe�bidder's original:bid sheet.
Payment�for.work performedwill be issued within 30,days of receipt and approval of
invoices.
In accordance with°State,of California"Franchise Tax Board nonresident.withholding.guidelines,
w`'City is required to'withhold-,from all payments or•distributions of Ca lifornia:source•income made
4��to aL nonresident=payee when'the•payments,or distributions,are-:greater°than,$1,500.00 for the
�=.calendareyear:.,,The°withholding"rate�is seven,percent.(?%o) of=the,'gross°payment,made to a
° . {inonresidentllndependentYcontractor-for,services performed-, n,California:°This-percentage will
a siJ�bw,,automaticallY'with held,from'Contractor*payments °and (forwarded directly"to the State of
.'California`Franchise:Tax'.Board,on;Contractor's behalf.
Final;Payment
"A ten,percent,(10%)°retention wiIVbe`held for thirty-five days after the Notice°of,.Completion is
filed with the County of San Luis Obispo. The retention will be released upon the City of
' Atascadero's,f nal approval and the lsatisfactory completion of the project.
Contractor agrees that the payment,of the final amount due under,the Contract is contingent
upon Contractor furnishing a release of all claims against the City,arising by virtue of this
contract. Disputed contract claims in stated amounts may be specifically excluded by
Contractonfrom the operation of thexelease.
B-1
rev 5/1/06
7921.19.3.
EXHIBIT B-2
From:unknown Page:212 Date:3/29/2010 7:05:38 AM
BIDDER:
The Total Old Prlee shall kwhn*all WOO proposed tD COnAptete time ATA bBt0 SAI0ITARy
SEINER CLPANWWAND.CLOSED�CIRCU►T,TELEVISON INSPECTION
BID NO--21110"113
I Item1 Item Un
R of EstlmaEed ! I
i
NO.. DesufpNon ,Measure i a Qrantay ; unit cost Total Cost
Will 4SdOn i L$
i
2 I Tfaft C011f1OI C1y8fe1i1 1$ 1 i�cJud ecl t o i -'
Document GPS Coordinates of
3 Afmlroky EA 1258
4 Hydro-Clean Pipelines, LF 303,000 0-33 9 qj m
5 Hydro Clean&Inspecsion'ot EA 1256 i^c%uded
Manholes FidlialTia 4.6 _
9 6,• .',CCTV..tnsPection of Pipelines LF 303,000
. ..99..42LL�
7 Bypass Pumping I HR i 20 I I�Clud i ) M
• r 70TAL 81D PRICE �.(q�C��tw�
TOTAL BID:Items,1 throtgh 7 inclusive and all Woftc UUmOntal thereto and CWneCtf d therewith,
'.:Total Bid Price In Words'Chip- n iy%+, njitL- -T olwd a—A, c� e441-4oI
THE CONTRACT SHALL'BE AWARED BASED UPON THE-TOTALBID PRICE.
The Contractor shall comply with the,requirements of Division 5.Part 1,of the State Labor Code,
and specifically with Sections 6705 and 6707 thereof. The Contractor shah submit for approval a
'detased plan showing the design of shoring;bracing,sloping,or other provisions to be made for
worker protection for.all areas to be excavated to a depth of five feet of more. if the plan varies from
the shoring system'standards,'the plan shall be prepared by a registered,civil or structural engineer.
The undersigned further agrees that incase of default In executing and submitting the
Contract with required bonds and insurance within ten(10)working days aftef hatAng received notice
that the Contract is ready for signature,tho proceeds of the check or bond scoompanying this Bid
shah become the property of the City.,
`The Contractor whom the contract is awarded shall submit a statement eacti month
certifying that It Is In conformance v t the Cys Affirmative Action Program:
The following Contractor's Experience and Firrandat Qualifications,
Contractoeiisubcontractors Certification Concerning State Labor Standards And Prevailing Wages.
Licensing Conflict of Interest Statement,Cef iRCaton
of mAffirmative lAction Program,Non-Collo o`n AfWawt,and Bid'Secudty Form shall be filled out,
signed,and'submitted by each Bidderand
shall be part of the Contrect Documents.
ATASCADERO SAWAW SEWER CLEANING AND CLOSED.CIRCUIT TELEVISION IMPECI M
BAD SHEET
CITY OF ATASCADERO BID KO.2009419 PACE Y of 2
y, This fax was received by.GFI FAXmakerfax server.For more information,visit http://www.gfl.com
B-2
rev 5/1/06
792119.3
y: ^
EXHIBIT C
INSURANCE REQUIREMENTS FOR CONTRACTORS
!Contractor,shall-procure. an6maintain°for,the-duration of the contract.:insurance_.against .claims for
.,injuries to persons or,damages:to.property which may arise from;or in connection with-the performance
b ..of he.work-hereunder and •the=results of~that work-by the Contractor,,'his agents, representatives,
.employees or subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. •Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001).
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any
auto)
3 Workers'>Compensation as-required_:by;`the° State,�of of, and Employer's
Liability insurance°(for,lesseeswith employees).
Minimum Limits.of Insurance
.Lessee,shall;maintain limits no less than:
$1;000;000 er=.occurrence for bodily injury, personal injury,and
1. General Liability: p
= property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used,either'the general
aggregate limit shall apply separately to this project/location or the
g
eneral aggregate limit shall 'be twice the required occurrence
2. Automobile Liability $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self insured retentions must be declared to and approved by the City. At the option
of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials,'employees and volunteers; or the Lessee shall provide a.fin_ancial
guarantee satisfactory to .the City„guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
C
rev 5/1/06
792119.3