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15-1106_BURTECH PIPELINE INC_Construction AgreementCONSTRUCTION AGREEMENT [Work Under $30,000] y THIS AGREEMENT is made, entered into, and shall become effective this � day of , 2015, by and between the City of City of San Juan Capistrano (hereinafter referred to as the "City") and Burtech Pipeline Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to Repair Spring Street Storm Drain; 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 six (6) months after the effective date. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall include the bid amount of $16,727.00, plus a 10% contingency amount of $1,673.00 for a total not to exceed amount of $18,400.00. The bid amount is shown in Exhibit' A," attached and incorporated herein by reference. The contingency amount of $1,673.00 is for City approved change orders only in accordance with the City's purchasing policy. 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. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. 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 3 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 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. Priorto beginning anywork underthis Agreement, Contractor shall submitthe 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. rd 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: Thom Coughran, Interim Public Works & Utilities Director To Contractor: Burtech Pipeline Inc. 102 Second Street Encinitas, CA 92024 Attn: Dominic Burtech, President 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 5 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. Effective March 1, 2015, if the services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. 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] m IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN J AN CAPISTRANO, By: Keith Till, Interim City anager BURTECH PIPELINE INC By: ATTEST: aria Morris C y Clerk APPROVED AS TO FORM: Jef all' g r, City At ey 7 10/30/2015 10.46 AM CONTRACT 2013-012.xis Cost Proposal #1 Cost Proposal At Sid # To: City of San Juan Capistrano 32400 Paseo Adeianto San Juan Capistrano, CA 92675 Attn: Mike Marquis Ph: 949-443-6326 Fx: mmarauis(c)sanivancapistrano.orct RE: Annual Sewer Rehabilitation Program Burtech Pipeline, Inc. is requesting a COST PROPOSAL for the following changes to be made to the general construction plans. Spring St - Strom Drain Repair Location Description Spring St. Replace Approx 20 LF of CMP Storm drain Spring St. R&R Concrete Gutter Spring St. Grout Catch Basin SDrino St_ Traffic Control October 30, 2015 Cti. Unit Unit Price Amount Total for all work 1 LS 16,727.00 16727.00 If you have any questions on this project, Please contact me at Burtech Pipeline, Inc. (760) 6342822. Submitted by: A!�# 401" Matt Reuther Project Engineer Approved By: Mike Marquis City of San Juan Capistrano Exhibit A C9 D8 7/29/2014 FB [. ;0 U,7AN]A 'c — 311x 13 Yo 1 1 `•'` F.t' ``s /.5'/c/ o-� 1 �' p f � 3131 � .• - .y1; � ,^ � ' � 1 `1361 ''.:I �. O `• mss!• ,r=11 31361? r l J 1 V• `31371 V .! '�� •-+r! 'l 31382 3]381 �{p `' f �!' 't! r;`/ �• 31392 -31391 ] ,�•� � iJ4` }}A°3 ti �i 31401 31402- •TM1 37411 T � o.. O J �� , / 3 - - 31411 3tp721 �` f!'• 1.,, 31422 3l az�� 3]422 _•�• :D—t__.�O 4R J pp i .O-�R N �� ' r ' C 3`Q' 31 432 37431 3J432 ` 314] 1 g 31476 31642 p 31442 Y 31441 7.1 31452 31451 _ 31474 _ 31451 31461 Z { 31462 31461 ti 31462 AAi 31471 Q 31472 - , 31481 [!I �T 31182 31457 '0.1 1-A 0. — i . •,�. tiO 'r. ---- • -••p -. •------�w�_ - -- 3J492 }f` 31492 31491 0 �L. "'•` �'SE • • �1 : 1 L - -- -M1 ! - 31 sol .. - -I 31502 M 11 1 1 31543 f.1 ' 1N� 31562 — - 1f�^ �i •} i lsl , �AGJ:HEMRST ri lContractor shall: 1. Dig and replace in kind 17 LF Oval (1811 high x2411 wide) CMP Storm V s�� -s'Y Drain Pipe (approximately 4 feet deep at invert). Field verify pipe �;;,_ ;, ,,;, dimensions prior to ordering materials. G� f �' 2. Sawcut remove and dispose of two panels (22.5 feet long) 10' wide IAIW.31 1� reinforced concrete gutter (approximately 10 inches thick). Install -.�,_�, IL new concrete gutter to match existing. Protect existing asphalt _ -. pavement in place. 3. Grout space between new CMP and catch basin. Protect existing catch basin in place. _ �__� • 4, Provide 6 inches of clean sand or 3/4" crushed rock below pipe to - _ 1 foot above the pipe. Backfill and compact per City standard. �oNs�_-_,` :F 5. Provide Traffic Control per City enc achment permit standards. 26841 y _ 1 3,6" I�• 3161 l� 1T_ 1 JI � SPRING ST f�� ,�'f �_� ?•I -- c"� - -92 26891 p i o © 2010. City of San Juan Capistrano 0 50 100 200 300 400 Feet 3'= E9 I visciaimer: i ne LILY or pan Tuan t-apisrrano maKes no representation or warramees or any K 7, 7, ib D10 with respect to the accuracy or completeness of the information furnished on this map- Exh. to X1531 _ — J n •1 iN 4 fl c 'i I E9 I visciaimer: i ne LILY or pan Tuan t-apisrrano maKes no representation or warramees or any K 7, 7, ib D10 with respect to the accuracy or completeness of the information furnished on this map- Exh. to