11-0609_J.E.S. ENGINEERING, INC._Construction AgreementKristen Lewis
From: Bill Ramsey
Sent: Wednesday, July 06, 2011 3:20 PM
To: Kristen Lewis
Subject: RE: JES Engineering, Inc.
Hi Kristen: They've completed all the work and we're processing their last/only invoice for payment and so, by all
means, let's close it out.
Bill Ramsey, AICD, Principal Planner
Development Services Department
(949) 443-6334 / x6334
From: Kristen Lewis
Sent: Wednesday, July 06, 20112:56 PM
To: Bill Ramsey
Subject: JES Engineering, Inc.
Hello Bill,
The Construction Agreement with JES Engineering to construct interim entrance improvements to the NWQS entry from
Camino Capistrano is now expired. Will you be extending this, or can I close it out?
Thankyoul
Kristen, Lewis
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CONSTRUCTION AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this `�,�`�"day
of June, 2011, by and between the City of'San Juan Capistrano (hereinafter referred to as
the "City") and J.E.S. Engineering Inc. (hereinafter referred to as the "Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Contractor to provide equipment,
labor and materials regarding the City's desire to construct interim entrance improvements
to the Northwest Open Space (NWOS) Entry from Camino Capistrano; 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," 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 and shall terminate, and all
services required hereunder shall be completed, no later than June 31, 2011.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $24,790
(twenty-four thousand, seven -hundred and ninety dollars and no cents), 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
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.
2
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 ham;//vvww.usds , or
access the registration page at http ify.uscis.�ov/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. [RESERVEDI.
Section 12. RESERVED].
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.
3
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.
Section 14. Insurance.
4n 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
rd
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 CanceIlation/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: William A. Ramsey, AICP, Principal Planner
To Contractor: J.E.S. Engineering, Inc.
5
P.O. Box 7466
Capistrano Beach, CA 92624
Attn.. John Markel 1 David Saul
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]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
APPROVED AS TO FORM:
A CH JU AJ
Cit Attorne
CITY OF SAN J CAPISTRANO
By.
Dave ams, Interim Manager
CONTRACTOR
David Saul S Engineering, Inc.
J.E.S. ENGINEERING CONTRACTORS
PO BOX 7466
Capistrano Beach, CA 92624
Phone # 949.388.6060
Fax # 949.388.6Yoo
IE / ADDRESS
Bill Ramsey/Principal Planner
Development Ser6ces Department
32400 Pasco Adelanto
San Juan Capistrano, CA 92675
RE: NWOS Staging Area Entry
jes.ekay@yahoo.com
yahoo.com
The following proposal is to provide equipment, labor and materials to modify the
NWOS Staging Area entry per the line items.
I) Asphalt Removal
2) Re -grade Entry
3) Remove chain link fence & gates
4) Install6"CMB
5) Install chain link fence using existing material
6) Remove Concrete Pipe
Thank you for the opportunity to bid this project.
David J. Saul
6/1/2011
PROPOSAL #
403
LOCATION:
San Juan Cap,
QTY UNIT PRICE Total
2,800 SP`
1.20
3,36o.00
1,500 SF
1.50
2,250.00
240 I..F
4.50
1,080.00
390 TNS
35.00
13,650.00
90 LF
30.00
2,700.00
5o LF
35.00
1,750.00
Total
$24,790.00
EXHIBIT A
SAN JUAN CAPISTRANO, CA 92675
(949)493-1171
(949) 493-1053 PAX
www. sanjuancapistrana. arg
TRANSMITTAL
TO:
J.E.S. Engineering Inc
Attn: Jahn Markel/Daviel Saul
PCS Box 7466
Capistrano Beach, CA 92624
DATE: June 13, 2011
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MEMBERS OF THE C" COi3NOL
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JOHN TAYLOR
FROM: Christy Jakl, Deputy City Clerk (949) 443-61310
RE: Personal Services Agreement — Construct interim Entrance improvements to the
Northwest Open Space Entry from Camino Capistrano.
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 William Ramsey, Principal
Planner at (949) 443-6334.
Enclosed is an original agreement for your records.
Cc: William Ramsey, Principal Planner
Sala si an Capistrano Preserving the Past to Enhance the Future
Today's Date: z Transmittal Routing
(Check All That Apply)
❑ City Attorney
City Manager
X City Clerk
r
CiP No. (if any): 0 T--,
Project Manager's Last Name: Phone Extension: X
Council or CRA Meeting Date (if applicable):
APPROVING AUTHORITY: (Check One)
❑ Mayor
® CRA Chair
City Manager
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 City St Zi
i
OTHER INSTRUCTIONS:
-lam 5 cwrtr-kci . (2 )
Form date: 01-2004 D-7