13-1126_FYDAQ COMPANY, INC._Construction AgreementCONSTRUCTION AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 26th day
of November, 2013, by and between the City of City of San Juan Capistrano (hereinafter
referred to as the "City") and Fydaq Companies, Inc. (hereinafter referred to as the
"Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Contractor regarding the City's
proposal to construct tank fill piping for the Marbella Reservoir in order to provide
separation between the domestic water supply and recycled water supply; 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 December 31, 2013.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $23,818.59,
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.
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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.
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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. [RESERVED].
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.
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
standing with the State of California and having a minimum Best's Guide Rating of A-Class
VII or better.
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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 (1 0) 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 (1 0) 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:
To Contractor:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Michael Marquis
Fydaq Companies, Inc.
301 ~ Richman Avenue
Fullerton, California 92832
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 rightsto enforce the same as
against the CONTRACTOR.
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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.
Section 20. Counterparts.
This Agreement may be executed by the Parties in counterparts, which counterparts
shall be construed together and have the same effect as if all the Parties had executed the
same instrument. Counterpart signatures may be transmitted by facsimile, email, or other
electronic means and have the same force and effect as if they were original signatures.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By: CJ<;}011l--~--/:wtn g,Hsl-
cdr Mln_PDI/L-
coNTRAcToR
By: ______________________ __
Mike Craft, President
AS TO FORM:
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
AITEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF SAN JUAN CAPISTRANO
By=------------------~~-
----------• Mayor
By/~
MikeC
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Marbella Golf Course
Irrigation Reservoir Tank Fill Piping
Exhibit A-Scope of Work
The Marbella Golf Course irrigation reservoir tank fill piping needs to be modified to provide separation
between the well water feed line (soon to be converted to recycled water) and the non-domestic water
feed line. This project is being undertaken to ensure compliance with the California State Department of
Public Health requirements. Piping modifications will be necessary as depicted on construction drawing
included herewith prepared by Dudek entitled "Proposed NPW Air Gap Supply Line Design" and further
described as follows:
Provide all labor, materials and equipment required to:
1. Furnish and install all 8 inch and 6 inch ductile iron pipe, fittings and appurtenances to connect
existing 8 inch non domestic water piping to new 6 inch non domestic water piping as discussed
during field meeting dated November 20, 2013, including backfill and compaction;
2. Furnish and install 6 inch flanged gate valve with valve box and cover;
3. Furnish and install 6 inch ductile iron 90 degree elbow and concrete saddle;
4. Furnish and install 6 inch ductile iron riser pipe alongside of tank;
5. Furnish and install 6 inch ductile iron pipe, fittings and appurtenances to extend piping along
and above the top of reservoir to complete air gap connection as shown;
6. Furnish and install 3 magnetic stabilization brackets along riser pipe and magnetic pipe mounts
and supports at top of tank as shown
7. Furnish all other pipe, fittings and appurtenances as required to provide tank fill piping,
complete in place and fully operational.
EXHIBIT A
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12"
MIN.
UNISTRUT PIPE
CLAMP P1121
UNISTRUT P4100T
12" LENGTH
3/8" 316 SST
THREADED ROD
EX MARSELLA
WATER TANK
INSTALL TWO MAGNETIC
PIPE MOUNT ON ROOF
OF TANK PER DETAIL
AT RIGHT
PIPE SUPPORT DETAIL
!
EX 6" RW ,.I
SUPPLy LINE ___/' I
CUT & CAP,
INSTALL
THRUST BLOCK
ABANDON EXISTING
8" PIPING IN PLACE
EX 10" TANK
I NEW 6• NOW STEEL
SUPPLY LINE
-POUR 2'x 2'x 2'
CONCRETE SADDLE
AT ELBOW
INSTALL 6• GATE
VALVE W/ MANUAL
OPERATOR
~~~ ~S~~~L& ~ EX 8" PVC NOW
THRUST BLOCK
NEW 6" PVC NOW LEGEND
Q THRUST BLOCK
~ MAGNETIC PIPE SUPPORT
PROPOSED NPW AIR GAP SUPPLY LINE DESIGN
.,2
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"0 6~ DUDE f< ~;L---------------------------------------------------------------------------~
To: City of San Juan Capistrano
"For Years of Depe11dability
And Quality"
Lie. #665409
Date: 11/22/13
Tract: Water Tank line R+R
Proposal#: 098126
GENERAL:
• Proposal valid through <<Validdate».
• Proposal based on attached notes being inclusive to contract. Excludes: Engineering, Traffic Control plan, permits, bonds,
compaction tests and inspection 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 measirrements.
• Excess dirt to be left onjobsite 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 TIM basis.
• Dust contr.ol 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 (I) time only per contract.
., Excludes, wyes, and or clean-outs at end oflaterals, unless otherwise specified.
" Clean-outs to be left 2' above grade until final adjustment. Not responsible for damage to same.
• Clean-outs are 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:
o Excludes transition to local depression.
o Grates to be set one (1) time only.
• Manholes are to be raised and paved one (1) time only
o Five (5) day notice for raising manholes and clean-outs is required.
o Proposal based on accessibility by concrete truck (pumping excluded).
WATER:
o Two (2) week notice for setting meter boxes is required.
o AMS is to be left high and adjusted to grade at the completion of curb & gutter installation.
301 Yz South Richmnn, Fullerton, Cn. 92832/ P. (714) 447-9760 I F. (714) 441-2418
EXHIBIT 8
Developer:San Juan Capistrano
Date: 11/22/13
Tract: Water Tank line R+R
Proposal#:098126
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 <<speccity» specs.
DESCRIPTION Q1Y UNITS UNIT PRICE AMOUNT
Tank Line R+R
Remove and replace mainline pipe vale and fittings per 8.Sxll' JLS 23,818.59 23,818.59
dmwing.
Includes Labor ,equipment and material to R+R underground pipe and run new line
up tank with stand offi and prevaling wage.
Excludes: permits ,inspection fees and paving
TOTAL DOMESTIC WATER
Respectfully Submitted by:
Robert Scherer
FYDAQ COMPANY, INC
Accepted by:
(Signature) (Title)
Signature above serves as notice of intent and acceptance of all tenns to be inclusive to contract
301 Y, South Richmnn, Fullerton, Cn. 92832/ P. (714) 447-9760 I F. (714) 441-2418
(Date)
23,818.59
-
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
wwl4:sanjuancapistrano.org
TRANSMITTAL
TO:
Fydaq Companies, Inc.
301 % Richman Avenue
Fullerton, CA 92832
DATE: December 10, 2013
FROM: Manny Ruelas, Office Assistant (949) 443-6308
MEMBERS OF THE CITY COUNCIL
SAM ALLEVA TO
ROY L. BYRNES, M.D.
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
RE: Personal Services Agreement-Construct tank fill piping for the Marbella Reservoir in
order to provide separation between the domestic water supply and recycled water supply.
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
the agreement. If you have questions related to insurance requirements, please call Christy
Jakl, Deputy City Clerk at (949) 443-6310.
If you have questions concerning the agreement, please contact Mike Marquis, Contract
Utilities Engineer at (949) 234-4414.
Enclosed is an Original Agreement for your records.
Cc: Mike Marquis, Contract Utilities Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
" fW1 Pnnted on 100% recycled paper