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10-1031_RAIDER PAINTING_Construction AgreementMill [Work Under $30,0001 THIS AGREEMENT is made, entered into, and shall become effective this aL day of October, 2010, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Raider Painting (hereinafter referred to as the "Contractor") - RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to paint the 5 sites in exhibit "A" WHEREAS, Contra.ptor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows-, 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 December 17th, 2010, Total compensation for the services hereunder shall not exceed $6,500.00 .-s set forth in Exhibit 'A" 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. MKIIIIIIIIIIIIIII 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 ail payments to Contractor. For extra work not part of this Agreement, a wriften authorization from U41 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 Contractors 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, . ...... . =.... . . . . . . . . . . M111 1 !1' 111;11 EM - Section 9. Compliance with Law; E -Verify. 9.1. Compliance with Lav3- Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. adn�� If Contractor is not already enrolled in the 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 bqpL.//www.uscis.q v or access the registration page at tLttps://www.Nis- dhs.comfemoloyerregistration, 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. 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, Contractors agents, officers, employees, subcontractors, or independent contractors 0 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 regardiess 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. Section 14. Insurance. On or before beginning any of the services or work Galled 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 111 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. 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 occurrerpg�; ($1,000,000.00). 11111 11111115111 Tj III !"I I 1! 11 ...... . . . . . . . . . . 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 NIPPON! 111111 Prior +10 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. lifs-M 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. 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: 0 To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn., Neil Brand To Contractor- Raider Painting & Coating PO Box 1749 Atascadero, CA 93423 Attn: Shannon Peich .... ... ... . ... 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 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").. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 91 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST., '! "N" M City Clerk 0 Job Site Name &ocatiom Misolaniaus meas through the San Juan Capistrano area August 27, 2010 Te. Neal Bran City of San Juan Capistrano Parrs and recreations 949-2577020 Ares to he covered. - 1. Pres coating misclaniaus 2. Paint 10 feet of 6" pip Reed Reservoir 1 Paint. 5'feet of 16" pip 5' of 12" pipe in vault T3 4. Paint 15 feet of 8" inch pip omission street well 5. Paint 20 foot ladder in two locations 6. 6" back flow prevention. Modal Home Pari. Application for areas listed above - Hand ove-Hand tall prep surfaces Apply epoxy primer Apply Urethane finish Co n&aft Base Bid $6,500.00 ClientUnderstands- Raider will replicate current calor and design as close as passible. ®� inconsistencies or cracks will be visible through final coat. ®®� Leveling or Sloping is not included in our laid. ®® Client is to expect excessive noise, dist, and odor. Client is responsible for informing all tenants/customers/employees and pedestrians of work being performed. Raider will not provide notification. ®® Raider will not be responsible for loss of revenue to surrounding businesses daze to lack of access. ®Q� Raider will not provide security or traffic control, 4e, Client should expect 72 hours dry time alter completion. - Area will be CLOSED off once work- commence and canrnot be walled on till product has dried. Project should be completed during the dry months. Client's Initial: Mage 1. of 3 CA State Contractors license No. 543255 Website: vvvyvw�rdkder aintinS conn Small Business Enterprise (SBE) Certification No. 6?..340 Ernail: �nf®��_4icl�r�irts�t�; cc�zxa job Site Name&Location. Misolaniaus areas through the San Juan Capistrano area August 27, 2010 Personal property must be moved & out of the way, prior to any work commencing. @Z� Additional work Billed at Time & Material rate of $48.00 per hour/per man + materials assts. Multiple site visits dare to trade damage, un -finished work, un -installed items, will result in ars additional job site visit east ®� This proposal and bid amount is vafid for 30 (this) days Exclusionso Trade damage repairs or repainting, Night work, Work delays, Caulking, Overtime., Permits, Painting over mono -coat, Stencil, Decals, Special finish's, Etching of metals, Masking/Covering of personal property, Moving of personal property, Containment of'any kind, Travel cost (fuel, travel time, food, lodging & mise. expenses) & Areas not specified, no sand blasting. Any restricted Access, Security Clearance, Job Site medical Clearance, Mass meetings or Safety Classes required to access the jobsite are NOT included in this bid. To avoid delays, if ru have any of the gb ve re uirernents please contacting to discuss before si irsthis r�o�osale Application: Materials. Union - Work ionWorm Days: Preliminary Notice. Roller, spray, brush As specified or equal Non. Union / Open Shop Variable Information required CHANCE ORDERS- Additional work not included in this proposal. requires written approval before work can be performed. Client's Initial - rage 2 c f 3 CA State Contractor's License No, 593255 Website: u����rw.raic ej�K,' ������ coon Small Business Enterprise (SBE) Certification No_ 62340 Email. info(b =nlj erpljtLgg,. 0111 job Site Name & Location, Mis©laniaus areas through the San Juan Capistrano are. August st 2'/, 2010 Payments Termg: Work billed upon completion with. "fie upon receipt95 terms, unless otherwise specified above. Net 30 terms are available for pre -qualified customers only. Non, Payment/Collections.- If ayme t/Co ectio so f invoices remain unpaid after 30 days they will be sent to collections, All collections costs and/or attorney's fees will be the client's responsibility. A additional 1% interest per month, 12% per aurum, will be charged from the due date of the invoice/s. If you reqgwqjggr own contract in ern si ram this r o €� e included as an addendy t® our eo tract OR a.n of the abave seeds tobe i�te at�d i�t� oar co�tract Please initial each page, sig.] below and return ALL pages of fIds proposal. Cwa.t..rp,et A.eeejpWacc Customer Name (printname)° Total Contract Amount- Acceptance. o nt- ecce tance. Signa ire of €?weer/Officer/Atifhorli=d Party/Agent Bid submitted by. A en TabrL4 Client's Initial - Date Page 3 0 f, 3 CA. State Contractors License No, 543255 Website: W r3W.raicir a�xIkn �_c:€3� Small Business Enterprise (SBE) Certification No. 62340 Email: s_nfoC�raicic?_��tin�.c€�n� Today's ®ate: 1 ( ( --b CIP No. (if any): ProjectManager's Last Name: Council or CFA Meeting mate (if applicable): Mayor CRA Chair City Manager Transmittal Routing (Check All That Apply) ❑ City Attorney City Manager ® City Clerk Phone Extension: �001 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 ars agreement — unless the mailing address is included within the body of the agreement: Name(s) Street City St Zi Form pate: 01-2004 D - 7 n r i 3.2400 PASE0 ADELANTO SAN JUAN[ CAPISTRANO, CA 92675 (549) 493-1171 (949) 493.1053 FAX 12 II:T,3'01MIT' tk CAI MCI Raider Painting & Coating Attn: Shannon Peich PO Box 1749 . Atascadero, CA 93423 DATE: November 17, 2016 [SfRSIISNE6 ��s� 8776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO A LAURAFREESE THOMAS W. HRIBAR MARK NIELSEN 6R. LONORES USO FROM: Kristen Lewis, Administrative Specialist (949) 443-6308 RE: Construction Agreement — Painting at 5 sites Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please beep 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) 443-6308. If you have questions concerning the agreement, please contact Neil Brand, Utilities Operator lll, at (949) 487-4309. An original agreement is enclosed for your records. Cc: Neil Brand, Utilities Operator III Scan Juan Capistrano.- Preserving the Past to Enhance t1w Future Printed on 100% recyded paper