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10-0629_BNB ENGINEERING, INC._Construction AgreementKIM - lt� A Y Pork Under $30,000 . . .... .. ..... -rHIS AGREEMENT is made, entered into, and shall become effective this day of June, 2010, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and BnB Engineering, Inc. (hereinafter referred to as the "Contractor")- RECITALS - WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to install meter, backflow device, and fire hydrant assembly; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit "A" 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. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than July 31, 2010. Total compensation for the services hereunder shall not exceed $29,585, as set forth in Exhibit "B," attached and incorporated herein by reference. 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. 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. 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. 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. frothing 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. 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. 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 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. K Time is of the essence in the performance of this Agreement. ... .... . . ... ... . Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. @EMIR�� 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 h�//w�ww.ug,cis. o2Y, or access the registration page at ht;p ,e-v_eriN.uscis.qov/enroll/. 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. 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. [EggERVED 1. 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 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 WK 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. 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. 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 -owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00), 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. El 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. The above policy/policies 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. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 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. 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 ten (10) days' notice to the other party of a material 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. 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 0 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: David Tyrone To Contractor-, BnB Engineering, Inc, 2602 Halladay Street Santa Ana, CA 92705 Attn: Matt Grimm 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. In the event of a dispute arising between the par -ties 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"). 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] .1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FOR I City Atto-r-nd-Y CITY OF SAN JUAN CAPISTRANO By. t, City Manager CONTRACTOR in 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: City Clerk 0111=00 MONIX-202002001 City Attorney CITY OF SAN JUAN CAPISTRANO M Joe Tait, City Manager BNB EU ERING INC. 13� Ra'-u�ieber, Vice Pres. /Sec. rj Project Name: Capistrano Valley Water District --33831 Camino Capistrano Backflow CONDITIONS To Proposal: A. All engineering, permit fees, TRAFFIC CONTROL plan & plan checks to be obtained & paid for by Developer. B. All staking (surveying) by others. C. Any damage to other exist. facilities which may constitute a backcharge must be brought to BNB Engineering's attention prior to excavation and repair. D. This bid is based on (1) move -in. Additional move -in cost is $1500.00 per move -in , or phase. E. Excess dirt will be leveled at trench location, unless otherwise specified herein. ff contaminated soil is encountered, excavation, removal and transport to an Owner's designated spoil site will be on a T & M basis at the rate shown in BnB Engineering Equip & Labor rate sheet. Removal of existing abandoned utilities will also be done on a T & M basis. F. Any area which cannot be excavated under normal conditions due to rock or sandstone shall be be billed on a time & material and not to exceed Orange County Contractors prices. G. Grade to be within four (4) inches. H. This bid applies only to excavation prior to installation of sidewalks, landscaping and/or sprinkler linen BNB Engineering will not assume responsibility for damages or repair costs to any of the above mentioned. 1. All changes to plan required by District 1 City forces will be extra. J Dewatering is excluded from this bid. K. Construction water to be provided by Developer. L Payment & performance bands are not included in this bid, if required, premiums will be extra to the contract. M. T & M works will be billed as an extra at the applicable rates shown in BnB Engineering's current Equipment & Labor rate sheet dated 12.209. N. If Slurry Backfill is Required By District Forces Or Sloughing Due To Unstable Soil Occurs, Slurry Backfill Will Be Billed At $120.00 per Cubic Yard And Added To The Contract. O. This bid does not include any removal, replacement of stamped concrete or driveways. P The above mentioned conditions to the proposal supersedes all previous conditions issued, and will be made part of the Agreement. EXHIBIT "A" Project Name: Capistrano Valley Water District --33831 Camino Capistrano Fire Hydrant CONDITIONS To Proposal: A. All engineering, permit fees, TRAFFIC CONTROL plan & plan checks to be obtained & paid for by Developer. B. All staking (surveying) by others. C. Any damage to other exist. facilities which may constitute a backcharge must be brought to BNB Engineering's attention prior to excavation and repair. D. This bid is based on (1) move -in. Additional move -in cost is $1500.00 per move -in , or phase. E Excess dirt will be leveled at trench location, unless otherwise specified herein. If contaminated soil is encountered, excavation, removal and transport to an Owner's designated spoil site will be on a T & M basis at the rate shown in BnB Engineering Equip. & Labor rate sheet. Removal of existing abandoned utilities will also be done on a T & M basis. F. Any area which cannot be excavated under normal conditions due to rock or sandstone shall be be billed on a time & material and not to exceed Orange County Contractors prices. G Grade to be within four (4) inches. H. This bid applies only to excavation prior to installation of sidewalks, landscaping andlor sprinkler lines. BNB Engineering will not assume responsibility for damages or repair costs to any of the above mentioned. I. All changes to plan required by District / City forces will be extra. J. Dewatering is excluded from this bid. K Construction water to be provided by Developer. L Payment & performance bonds are not included in this bid, if required, premiums will be extra to the contract. M. T & M works will be billed as an extra at the applicable rates shown in BnB Engineering's current Equipment & Labor rate sheet dated 12.2.09. N If Slurry Backfill Is Required By District Forces Or Sloughing Due To Unstable Soil Occurs, Slurry Backfill Will Be Billed At $120.00 per Cubic Yard And Added To The Contract. O This bid does not include any removal, replacement of stamped concrete or driveways. P. The above mentioned conditions to the proposal supersedes all previous conditions issued, and will be made part of the Agreement. EXHIBIT "A" Project: Capistrano Valley Water District --33831 Camino Capistrano Backflow Phase : Water Improvements Submitted By: BnB Engineering, Inc. - Tel # 714.641.3745 Il Fax # 714.641.1804 Item No. Water Improvements Unit Quantic Unit Price TOTAL_ 1 6 x 12 Hot Ta $s 1 $4,585.00 $4,585.00 2 Install Provided Meter and Backflow Is 1 $12,425.00 $12,425.00 3 Join Existing 6" After Backflow fs 1 $1,730.00 $$1,730.00 WATER IMPROVEMENT TOTAL: BNB ENGINEERING INC. Submitted By: Matt Grimm $18.740.00 C "PROPOSAL" Project: Capistrano Valley Water District --33831 Camino Capistrano Dire Hydrant Phase: Water Improvements Submitted By: BnB Engineering, Inc. - Tel ## 714.641.3746 I! Fax # 714.641.1804 Item Na Water Improvements Unit Quantity Unit Price TOTAL 1 Remove and Replace 12 X 6 Tee Is $3,98000 $3,980.00 2 Install Fire Hydrant Ass'! (Hydrant Provided Is 1 $5.940.00 $5,940,00 3 Remove and Repface Curb and Gutter Is 1 $925-00 $925.00 WATER IMPROVEMENT TOTAL: Submitted By: Hiatt Grimm $10,845.00 EXHIBIT "B"