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12-0223_FYDAQ COMPANY INC_Construction AgreementCONSTRUCTION AGREEMENT [Work Under $30,0001 d Y THIS AGREEMENT is made, entered into, and shall become effective this day of THIS 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 pothole a 24" water main line for the purposes of identifying the specific location of the water main line and to the measure the outside diameter of the existing pipe; 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 forthe services hereunder shall not exceed $4,713.50 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 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. 2 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. [RESERVEDI. 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 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 3 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 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 4 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: Keith Van Der Maaten To Consultant: FYDAQ Company, Inc. 301 % Richman St. Fullerton, CA 92832 Attn: Mike ,r r 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 at seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: , EI l/, Ell CITY OF SAN JUAN CAP RANO G 4a�riinP.rust, City Manager CON%ITRi�AiCTOR BYG " L. ln1C- W(1G . - � '\mow ; / l . ` �'� ( 1 � '" . � � _ ``, � �.; 4. r 1 �' ` I � ' � ` � PIPELINE CONTRACTOR "For Years of Dependability And Quality" To: City of San Juan Capistrano Lic. #665409 Date: 1/3/12 Tract: City Proposal#: 098123 • Proposal valid through avaliddate». • Proposal based on attached notes being inclusive to contract. Excludes: Engineering, Traffic Control plan, permits, bonds, compaction tests and inspection fees, unless otherwise specified • ProposaI based on unsigned plans • Water for flooding and compaction to be famished and paid for by owner at tract boundary. • Payment to be made on unit progress with field measurements. • Excess dirt to be left an jobsite and spread throughout street. • Proposal based on installation before curb dt gutter, foundation, slab or building begins. • Rock bedding, if required to maintain ground water, shall be installed at current market placed rate per ton. • Sond backfill, where required to fhcilitate 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 nate of 50 If per hour with a 70,000 lb. excavator, the work will be accomplished on a T/M basis. • Dust 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 @ $8.00 per day plus delivery (per plate). SEWER: • Sewer lines to be balled one (1) time only per contract. • Excludes, wyes, and or clean -outs at end of laterals, unless otherwise specified. • Clean -outs to be left 2' above grade until final adjustment. Not responsible far damage to same. • Clean -outs ars to be raised and paved one (1) time only. • Manholes are to be raised and paved one (1) time only. • Five (5) day notice for raising manholes and clean -outs is required. STORM DRAIN: • Excludes transition to local depression. • Grates to be set one (1) time only. • Manholes are to be raised and paved one (1) time only • Five (5) day notice for raising manholes and clean -outs is required. • Proposal based on accessibility by concrete truck (pumping excluded). WATER: • Two (2) week notice for setting meter boxes is required. • AMS is to be left high and adjusted to grade at the completion of curb & gutter installation. 301 % South Richman, Fullerton, Co. 92832 / P. (714) 447-9760 / F. (714) 441-2418 EXHIBIT A Developer.San Juan Capistrano Date: 1/3/12 Tract: City Proposal #: 098123 We propose to firm€sh all labor, material and equipment necessary to complete the following scope of work. All work to be done in accordance with the aspeccity» specs. DESCRIPTION OTY UNITS UNIT PRICE AMOUNT POTHOLE 24" CMLC Pothole 241' CMLC 1 is 4,713.50 4,713.30 includes:Tmfiie eontmI$aw cut di n ,OD ofp1po and backMl line Excludes: Perroits,soib testing and patch back of A/C TOTAL DOMESTIC WATER 4,713.00 Respectfully Submitted by. Robert Scherer FYDAQ COMPANY, INC Accepted by: _ (Signature) (Title) (Date) Signature above serves as notice of intent and acceptance of all terns to be inclusive to contract. 301 % South. Richman, Fullerton, Ca. 92932 / P. (714) 447-9760 / F. (714) 441-2418 32400 PASEO AOELANTO SAN JUAN CAPISTRANO, CA 92575 (949) 4931171 (949) 493 1053 FAx WWW sanjuancaplstrano.Org TRANSMITTAL TO: FYDAQ Company, Inc. Attn: Mike Craft 301 '/2 Richman St. Fullerton, CA 92832 MEMBERS OF THE CITY COUNCIL SAM UWATO UWRAFREESE LRRYIMMER DEREK REEVE JOHNTAYLOR DATE: February 27. 2012 FROM: Christy Jaki, Deputy City Clerk (949) 443-6310 RE: Construction Agreement— Pothole 24" Water Main Line 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 Josh Lopez, Utilities Operator I at (949) 443-6318. An original agreement is enclosed for your records. Cc: Josh Lopez, Utilities Operator I Justin Kirk, Sr. Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Fuktre c'S PnnleOm i WX �sweJ WRa� Christy Jakl From: Christy Jakl Sent: Monday, February 27, 2012 2:11 PM To: Josh Lopez, Justin Kirk Subject: FYDAQ Agreement Attachments: FYDAQ Agr - Pothole 24 water main.pdf Good Afternoon and Happy Monday!! Attached is your FYDAQ agreement for the 24" Pothole Water Main project. Thanks! Christ? 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: CONTRACT TRANSMITTAL CIP No. (if any): NIA Project Manager's Last Name: Lopez Phone Extension: 6310 Council or CRA Meeting Date (if applicable): NIA APPROVING AUTHORITY: (Check One) ❑ Mayor ❑ CRA Chair ❑ City Manager Transmittal Routing (Check All That Apply) ❑ City Attorney ® City Manager ❑ City Clerk 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: Construction Services agreement has been determined to be awarded to FYDAQ pipeline contractor. During fiscal year the City Manager has approved a previous agreement for the purposes of the replacement of the master meter. Said agreement had a not to exceed dollar amount of $17,703. The attached contract that is being requested to be approved by the City Manager is for a total dollar amount of $4,713. The total of both agreements is 22,413, thereby not exceeding the 25,000 approval limit. Please return the attached agreement to Justin Kirk prior to transmittal to the City Clerk's office. Forth Date: 01.2004 D-7