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
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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
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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]
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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
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THOMAS W.HRJBAR
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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
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