Loading...
10-0208_JAMES LECOURT PLUMBING, INC_Construction AgreementCONSTRUCTION AGREEMENT [Work Under $30,000] THIS AGREEMENT is made, entered into, and shall become effective this Bch day of February, 2010, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and James LeCourt Plumbing, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to install a 1" — 260' gas line; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit "A," described as the Contractor's proposal of February 8, 2010, attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date, be substantially complete by February 28, 2010 and shall terminate all services required hereunder shall be completed, no later than April 30, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $6,575 (Six Thousand Five Hundred Seventy Five Dollars) as set forth in Exhibit "A," attached and incorporated herein by reference. 3.2 . Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assi nment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be 2 performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law, E -Verify. 9.1. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at,hftp://www.uscis.gov, or access the registration page at https:l/www.vis-dhs.comlem to gistration. Contractor shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 14. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11.REESSE,RVED1. Section 12. [RESERVED]. Section 13. Indemni . To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees K from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Due to the short time frame for the intended completion date of the contract, the Contractor is relieved of any requirement to provide indemnity for issues related to the inability of the Contractor to complete the work by the desired completion date of February 28, 2010. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - C.! owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned,`leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policylpolicies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing 1 ten (10) days' notice to the other party of a materia[ breach of contract. if the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Steve Apple To Contractor: James LeCourt Plumbing, Inc. 31734-A Rancho Viejo Road Acceptance San Juan Capistrano, CA 92675 Section 17. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Abe Tail, Ch Manager CONTRACTOR APPROVED AS TO FORM: &I City Atto m'dj EN James I_eCourt Plumbing, Inc. Proposal and 31734-A Rancho Viejo Road Acceptance San Juan Capistrano, CA 92675 Phone: 949.661.8002 Fax: 949.661 M03 Proposal Submitted To Phone 949-588-2420 Date City of San Juan Capistrano Fax 949-493-1453 February 8, 2010 REVISED Street Job Name Work Order# 32400 Paseo Adelanto City Hal; Per Eric Bauman City, State, Zip Job Location San Juan Capistrano, CA 92675 City Hall - Gas Line, San Juan Capistrano, CA ATTN Homeowner/Contact Job Phone ebauman@sanjuancapistrano.org I Eric 949-487-4312 We hereby submit specifications and estimates for See attached: EXHIBIT A TOTAL MATERIALS, LABOR AND EQUIPMENT: $ 6,575.00 NOT RESPONSIBLE FOR STUCCO, DRYWALL, TILE, CONCRETE, PAINT and/or LANDSCAPE REPAIRS California Only: Notice to Owner: Contractors are required by law to be licensed and regulated by the contractors'state license board. Any questions concerning a contractor may be referred to the registrar of the board whose address is: Contractors' State license Board, 9835 Goethe Rd., Sacramento, CA 95827. We Propose hereby to furnish material and labor - complete in accordance with above specifications for the sum of: Six thousand five hundred seventy five dollars and 00/100. dollars $ 6,575.00 All material is guaranteed to be as specified. All work to be completed in a workman- Authorized like manner according to standard practice. Any alteration or deviation from above Signature JIM, JR./RCN specifications involving extra costs will be executed only upon written orders, and Note: This proposal may be MI become an extra charge over and above the estimate. All agreements contingent withdrawn by us if not accepted within upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado 60 days. and other necessary insurance. Our workers are fully covered by Workmen's Com- pensation Insurance. Acceptance of Proposal - The above prices, specifications conditions are satisfactory and are hereby accepted. You are authorized Signature: to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature: Rev. 090601 VH City of San Juan Capistrano City Hall Gas Line February 3, 2010 EXHIBIT A Re-route of 2 -inch .main gas line from new meter location at North-West corner of City Hall to riser location at back of building approximately 260 -feet away. 1) 260 feet of 1 -inch gas line, run at 5 psi (a medium pressure service), including all necessary supports and penetrations to run up the front of the building, over the roof and down to an available end point. (A 1 -inch gas line may also be used if the contractor prefers.) 2) Core hole the roof, flashing, and sealing at 2 points. 3) Support brackets for the walls, and support footers for the roof per code. 4) Pressure test and inspection. 5) Pulling a permit, normal city fee $200, plus contractors time. 6) Shut down and tie in to the from the new meter to the POCs. 7) Coordination with the gas company for the installation of the new meter and #6. 8) A pressure regulator at the PUC with the building to take the gas pressure from 5 psi to 2 psi or less; and work with a low pressure feed of 1.5 psi. 9) Insurance — gen liability ($1 M), auto ($1M), workers comp (statutory). TOTAL MATERIALS, LABOR AND EQUIPMENT: $6,575.00 **PAYMENT TERMS: DUE NET 30 DAYS** 'Not Responsible for Drywall, Stucco, Concrete, Tile, Paint and/or Landscape Repairs* Christy Jaki From: Christy Jaki Sent: Thursday, February 18, 2010 11:16 AM To: Eric Bauman Cc: Brenda Heskett Subject: James LeCourt Insurance Hi Eric, I have a Construction Agreement for James LeCourt Plumbing, Inc. Before we send out the agreement, our office needs to receive all their insurance documents as well as e -verify. Please keep in mind that no work should be performed until insurance is provided. Please let me know if you have any questions. Thanks! C firist-� Jakl Administrative Specialist, City Clerk's Office City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 ( (949) 493-1053 fax Today's Date 3120108 GIP No. (if any): Project Manager's Last fame: _Eric Bauman_ Ruane Extension: Council or CRA Meeting Date (if applicable): Mayor Ll CRA Chair x City Manager Transmittal Routing (Check All That Apply) ® City Attorney ® City Manager ® City Clerk Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Names Street Cit _ St Zi Agreement for gas line project under city hall Please return to Cathy Form Date: 01-2004 D-7 32400 PASFO AD LANTO SAN JUAN CAPISTRANO, CA 92675 (94.9) 493.1171 (949) 493.1053 FAX www. saiyuancapsb•ano.wy rr A TO: James LeCourt Plumbing, Inc. 31734-A Rancho Viejo Road San Juan Capistrano,CA 92675 DATE: February 22, 2010 AIM roMEMBERS OF THE CITY COUNCIL L-. �toAP aarlu SAM ALLEvATo LAURA FREESE sssaslisxeo �4�I THOMAS W.HRJBAR �6 � _ ® MARK NIELSEN DR. LONbRES ESO FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310 RE, Personal Services Agreements — Install a 1" — 260' gas line. Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Keep in mind this documentation must remain current with our office during the term of this agreement. Please be aware, our office still needs to receive an EWverify certificate as outlined in your contract under Section 9. If you have questions related to insurance and E -verify requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Eric Bauman, Utilities Engineer at (949) 487-4312. Cc: Eric Bauman, Utilities Engineer San .Juan Capistrano. Preserving the Past to Enhance the Future CIO Printed on 100% recycled paper