12-0103_FYDAQ COMPANY INC._Construction AgreementCONSTRUCTION AGREEMENT
[Work Under $30,000]
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THIS AGREEMENT is made, entered into, and shall become effective this day
of , 2012, by and between the City of City of San Juan Capistrano (hereinafter
referred to as the "City") and FYDAQ Company Inc. (hereinafter referred to as the
"Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Contractor regarding the City's
proposal to install per plans and specifications a new meter and valves at the master
meter; 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 30, 2012.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $17,703.00
as set forth in Exhibit "B," 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.
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Section 9. Compliance with Law.
Contractor shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government
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. [RESERVED1.
Section 12. [RESERVED].
Section 13. Indemnify.
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
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
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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 Workers' Compensation,
If Contractor intends to employ employees to perform services under this
Agreement, Contractor shall obtain and maintain, during the term of this Agreement,
Workers' 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 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.
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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: Keith Van Der Maaten
To Consultant: FYDAQ Company, Inc.
301 Ya Richman St.
Fullerton, CA 92832
Attn: Mike Crift
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
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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 AS TO FORM:
i
&mwz i O)IIIAO
Omar ando a, City Attorney
CITY OR SAN JUAN CAPISTRANO
n r. tiru-st, uty manager
CONSULTANT
I
1 E#NCC9t�$'t`R rC3F3
To: City of San Juan Capistrano
GENERAL.
"For Years Dependabifity
And € al ty"
Lie. #665409
Date: 11/21/11
Tract, Avery + Camino Capistrano
Proposal #. 098122
® Proposal valid through «validdate».
Proposal based on attached notes being inclusive to contract. Excludes: Engineering, Traffic Control plan, permits, bonds,
compaction tests and inspections fees, unless otherwise specified.
Proposal based on unsigned plans
Water for flooding and compaction to be furnished and paid for by owner at tract boundary.
Payment to be made on unit progress with field measurements,
Excess dirt to be left on jvbsite and spread throughout street.
Proposal based on installation before curb & gutter, foundation, slab or building begins.
Rock bedding, if required to maintain ground water, shall be installed at current market placed rate per ton.
® Sand backfill, where required to facilitate compaction above shading, shall be installed at current market placed rate
per ton.
® Scope of work to include items on proposal only.
Excludes all asphalt removal and replacement unless otherwise specified.
® Proposal based on depth from finish grade unless otherwise specified.
® If bedrock is encountered, that cannot be excavated at a rate of 50 if per hour with a 70,000 lb. excavator,
the work will be accomplished on a T/M basis.
® bust control not included in proposal. Service provided based upon availability @ $75.00 per day (per water truck).
Rumble plates not included in bid. Plates are available @ WOO per day plus delivery (per plate).
Sly
0 Sewer lines to be balled one (1) time only per contract.
n Excludes, wyes, and or clean -outs at end of laterals, unless otherwise specified.
V dean -outs to be left 2' above grade until final adjustment. Not responsible for damage to same.
a Clears -nuts are to be raised and paved one (1) time only.
0 Manholes are to be raised and paved one (1) time only.
e Five (5) day notice for raising manholes and clean -outs is required.
STORM DRAIN:
* Excludes transition to local depression.
* Grates to be set one (1) time only.
Manholes are to be raised and paved one (1) time only
* Five (5) day notice for raising manholes and clean -outs is required.
* Proposal based on accessibility by concrete truck (pumping excluded).
A TER
G Two (2) week notice for setting meter boxes is required.
ID AMS is to be left high and adjusted to grade at the completion of curb & gutter installation.
361 % South Richman, Funerton, Ca. 928321 P, (314) 447-9760 IF. (714) 441-2413
PIPELJ E eorrMac���
Developer:San Juan Capistrano
Bate: 11/21 /11
"Tract: Avery + Camino Capistrano
Proposal #f: 098122
We propose to furnish all labor, material and equipment necessary to complete the following scope of work. All work to be done in
accordance with the ospeccity» specs.
Respectfully Submitted by:
Robert Scherer -30e
iDAQ COMPANY, INC
Accepted by:
(Signature) (Title) (Date)
Signature above serves as notice of intent and acceptance of all terms to be inclusive to contract.
301 "/ South Mehman, Fullerton, Ca. 929321 P. (714) 447-9760 / F. (714) 441-2418
493-1171
493-1053
www.sanjuancapistrano.org
TRANSMITTAL
TO:
FYDAQ Company, Inc.
Attn: Mike Crift
301 1/2 Richman St.
Fullerton, CA 92832
DATE: January 4, 2012
i f MEMBERS OF THE CITY COUNCIL
JJ>
L SAM ALLEVATO
104ORPORRIED LAURA FREESE
MORISNE O LARRY KRAMER
1776 DEREK REEVE
® JOHN TAYLOR
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
RE: Construction Agreement — Install New Meter and Valves at the Master Meter
Thank you for providing 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 Justin Kirk, Senior
Management Analyst at (949) 443-6381.
An original agreement is enclosed for your records.
Cc: Justin Kirk, Senior Management Analyst
San Juan Capistrano: Preserving the Past to .Enhance the Future
Printed on 300% recycled paper
Christy Jakl
From:
Christy Jakl
Sent:
Thursday, January 05, 2012 9:34 AM
To:
Justin Kirk
Cc:
West Curry
Subject:
FYDAQ Agreement
Attachments:
FYDAQ Agreement.pdf
Good Morning,
Attached is an executed copy of the FYDAQ Agreement.
Thanks!!
Christi Jakl
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949) 493-1053 fax
Today's Date: 12/22/11
Transmittal Routing
(Check All That Apply)
[r' City Attorney
Q� City Manager
[]" City Clerk
CONTRACT TRANSMITTAL
CIP No. (if any):
Project Manager's Last Name: Curry Phone Extension: 4307
Council or CRA Meeting Date (if applicable): NIA
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
OTHER INSTRUCTIONS:
Attached to this contract are the bidding documents that were used by the Utilities Department. For FY 11112
the tilit'?l Depart t s not enWyed the contractor Ks V raw c.e, " S a'Hac d Ill a4 Sv re
Form Date: 01-2004 D-7