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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 ttnihOstr tiv oc(lati:-s! ('i-fy [lefiL`s OffW City ()I San ]uaa Capinrano 32400 Pasco Addanto itre Juati, (Capistrano. (A 2675 l t' 49) 44.7-308 \ (949) 49,3-1053 tax 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 i I MEMBERS OF THE C" COi3NOL r% 3ioMALLEVR7Q flt08PGR9ifp LAURA FREEBE [4rAalI5aC6 � €ARRYKRAMER 776 DEREK REEVE 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