10-0920_GREEK'S CONCRETE_Construction AgreementCONSTRUCTION AGREEMENT
[Work Under $30,000]
THIS AGREEMENT is made, entered into, and shall become effective this 20`h
day of September, 2010, by and between the City of San Juan Capistrano (hereinafter
referred to as the "City") and Greek's Concrete (hereinafter referred to as the
"Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Contractor regarding the City's
proposal to provide concrete services; 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 "as needed"
concrete services as may be directed by City in the form of purchase orders. To the
extent that there are any conflicts between "as needed" concrete services as directed by
City 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 and shall terminate, and
all services required hereunder shall be completed, no later than June 30, 2011.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed
$20,000.00, 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.
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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 Assignment.
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 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.
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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
http://www.uscis.gov, or access the registration page at https://e-verify.uscis.gov/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.
Section 10. 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. fRESERVEDI.
Section 12. [RESERVEDI.
Section 13. Indemnity.
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
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
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insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Contractor.
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 -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
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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 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.
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 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.
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: Chris Owens
To Contractor: Greek's Concrete
P.O. Box 7016
Capistrano Beach, CA 92624
Attn: Doug Greek
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Section 17. Prevailing Wanes.
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.
APPROVED•FORM:
CITY OF SAN JUAN CAPISTRANO
By:
Joe ait, Cit Manager
CONTRACT R
By: o
VA
9
E
GREEK'S CONCRETE
P. O. BOX 7016
CAPISTRANO BEACH, CA 92624
(949-466-9329)
JOB PRICES
July 20, 2010
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: West or Chris
RE: Water District
Current Price list for GREEK'S CONCRETE.
Supervisor - per hour
Apprentice - per hour
Laborers - per hour
Dump truck - per hour
Air compressor & jack hammer - per day
Bobcat tractor w/ operator
Backhoe tractor w/operator - per hour
$ 75.00
$ 60.00
$ 45.00
$ 70.00
$150.00
$105.00
$110.00
EXHIBIT A
Today's Date: ��l� �� p •
CONTRACT TRANSMITTAL
CIP No. (if any):
Project Manager's Last Name:
Council or CRA Meeting Date (if applicable):
APPROVING AUTHORITY: (Check One)
❑ Mayor
LJ RA Chair
City Manager
Transmittal Routing
(Check All That Apply)
1!9City Attorney Ci m
❑ City Manager
® City Clerk
Phone Extension: / 3(
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:
OTHER INSTRUCTIONS:
6K04, rA(y %"-s -� s�, staJ
Forth Date: 01-2004 D-7
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 4931053 FAX
www.sanjuancapistrano.org
TRANSMITTAL
TO:
Greek's Concrete
Attn: Doug Greek
PO Box 7016
Capistrano Beach, CA 92624
DATE: October 1. 2010
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
MEMBERS OF THE CITY COUNCIL
SMI ALLEVATO
LAURA FREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR LONDRES USO
RE: Construction Contract — Concrete Services
Thank you for maintaining documentation confirming compliance with the terms of the
agreement related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949) 443-6310.
If you have questions concerning the agreement, please contact Paul Scionti, Senior
Management Analyst at (949) 487-4315.
An original agreement is enclosed for your records.
Cc: Paul Scionti, Senior Management Analyst; Michael Bruckner, Administrative Specialist
San Juan Capistrano: Preserving the Past to Enhance the Future
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