HomeMy WebLinkAboutItem No. 09 Amend. No. 2 J & L Constructors, Inc. On Call General Contractor SvsCity of Lake Elsinore 130 South Main Street
__ Lake Elsinore, CA 92530
II www.lake - elsinore.org
VV °"` IKo - Text File
File Number: TMP 19 -788
Agenda Date: 6/9/2020 Version: 1 Status: Approval Final
In Control: City Council / Successor Aqency
Agenda Number: 9)
File Type: Council Consent
Calendar
City of Lake Elsinore Page 1 Printed on 61412020
CITY OF
4
LADE LS MORE
L
�u DREAM EXTREME
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Grant Yates, City Manager
Prepared By: Catherine Eakins, Administrative Assistant
Date: June 9, 2020
Subject: Amendment No. 2 to the Agreement with J & L Constructors, Inc. for On
Call General Contractor Services for Fiscal Year 2020 -21
Recommendation
Authorize the City Manager to execute Amendment No. 2 to the Contractor Services Agreement
with J & L Constructors, Inc. for On -Call General Contractor Services for an amount not to
exceed $60,000 for Fiscal Year 2020 -21 in such final form as approved by the City Attorney.
Background
On January 1, 2019, the City entered into a Contractor Services Agreement with J & L
Constructors for on -call general contractor services. The original Agreement term was for (six)
6- months with the option to extend two additional twelve (12) month renewal terms. The
Agreement was extended by in June 2019 for a twelve (12) month commencing July 1, 2019
and ending June 30, 2020 (Amendment No.1).
Discussion
The City requires on -call general contractor services for its many projects. J & L Constructors
offers expert professional services that can be relied on to do trusted work. Staff is requesting
approval to extend J & L Constructors' contract for an additional 12 -month term (FY 20/21).
Fiscal Impact
Funds are available in the FY2020 -2021 Public Works Operating budget.
Exhibits
A — J & L Constructors, Inc. — Amendment No. 2 Agreement
B — J & L Constructors, Inc. — Amendment No. 1 Agreement
C - J & L Constructors, Inc. - Original Agreement
AMENDMENT NO. 2
TO AGREEMENT FOR CONTRACT SERVICES
J & L constructors, Inc.
On -Call General Contractor Services
This Amendment No. 2 to Agreement for Contract Services ( "Amendment No. 2 ") is
made and entered into as of June 9, 2020, by and between the City of Lake Elsinore, a
municipal corporation ( "City), and J & L Constructors, Inc. ( "Contractor ").
RECITALS
A. The City and Contractor have entered into that certain Agreement for Contract
Services dated as of January 1, 2019 (the "Original Agreement "). Except as otherwise defined
herein, all capitalized terms used herein shall have the meanings set forth for such terms in the
Original Agreement.
B. The Original Agreement was for a six -month term with the option to extend two
additional twelve (12) month renewal terms and provided for compensation to the Contractor for
$60,000.
C. The Original Agreement was extended by in June 2019 for a twelve (12) month
term commencing July 1, 2019 and ending June 30, 2020 (Amendment No.1).
D. The parties now desire to extend the agreement for an additional 12 -month term
for FY 20 -21. Compensation related to the Original Agreement remains unchanged at $60,000
per fiscal year for such general contractor services as set forth in the original Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Contractor agree as follows:
the following:
Section 2, subpart C, Term, of the Original Agreement is hereby amended to add
Unless earlier terminated as provided elsewhere in the Original
Agreement, Amendment No. 1, and this Amendment No. 2 shall continue
in full force and effect for a period of twelve (12) months, commencing on
July 1, 2020, and ending on June 30, 2021.
2. Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
[Signatures on next page]
Page 1
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be
executed on the respective dates set forth below.
"CITY"
"CONTRACTOR"
CITY OF LAKE ELSINORE, a municipal J & L Constructors, Inc.
corporation
Bryson W. Miller - Owner
Grant Yates, City Manager
Date:
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Attachments: Exhibit A — Amendment No. 1
Exhibit B — Original Agreement
Page 2
..
ORIGINAL AGREEMENT
[ATTACHED]
EXHIBIT A
EXHIBIT B
ESTIMATE AND INVOICE
I�:1:11:�� ■:3
CITY OF
LADE �� LSII`IOR_
DREAM EXTREME
�n
June 27, 2019
J &L Constructors, Inc.
Attn: Bryson Miller - Owner
17140 Grand Avenue
Lake Elsinore, CA 92530
Dear Mr. Miller,
Re: Extension of City of Lake Elsinore General Contractor Services Contract with
J &L Constructors, Inc.
Per the terms of your agreement dated January 1, 2019, the City may at its sole discretion,
extend the term of this Agreement on a 12 -month basis not to exceed two (2) additional
twelve (12) renewal terms by giving written notice thereof to Contractor, such notice to be
exercised the City Manager. This letter shall serve as written notice to extend your
contract with the City of Lake Elsinore for General Contractor Services for a period of
twelve (12) months commencing July 1, 2019 and ending on June 30, 2020. Except for
the changes specifically set forth herein, all other terms and conditions of the Original
Agreement shall remain in full force and effect.
If you have questions or need further assistance, please contact Catherine Eakins, Public
Works Administrative Assistant, at (951) 674 -5170 ext. 241.
Sincerely,
Grant es
City Manager
951.674.5170
521 N. LANGSTAFF STREET
LAKE ELSINORE, CA 92530
WWWLAKE- ELSINORE.ORG
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AGREEMENT FOR CONTRACTOR SERVICES (ON -CALL)
J & L Constructors, Inc.
General Contractor Services
This Agreement for Contractor Services (On -Call) (the "Agreement ") is made and entered
into as of January 1, 2019 by and between the City of Lake Elsinore, a municipal corporation
( "City ") and J & L Constructors, Inc. ( "Contractor ").
RECITALS
A. The City has determined that it requires on -call general contractor services as
presented the in attachment the Exhibit `A' contractor proposal.
B. The Contractor has submitted to City a Rate Sheet, dated 11/1/2018 which is
attached hereto as Exhibit A and incorporated herein, to provide services and related work to the
City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms
and conditions described herein.
D. City desires to retain Contractor to perform the services and related work as
provided herein and Contractor desires to provide such services and related work as set forth in
this Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services and related work
described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related
work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject
to the direction of the City through its staff that it may provide from time to time. Contractor
acknowledges that the Scope of Services provides for 24 hour -a -day, 7 day -a -week, on -call
support on an as needed basis.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services and related work to be performed by
Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and
diligently the services and related work contemplated pursuant to this Agreement consistent with
Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary
tools, expendable equipment, and all taxes, utility and transportation services required to perform
such the services and related work.
b. Performance Schedule. Contractor shall commence the services and
related work pursuant to this Agreement upon receipt of a written notice to proceed and shall
perform all services and related work within the time period(s) established in the Contractor's
Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified
may be approved in writing by the City Manager.
J & L Constructors, Inc.
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C. Term and Compliance with Task/Work Order System.
Unless earlier terminated as provided elsewhere in this Agreement, this
Agreement shall continue in full force and effect for a period of 6- months commencing on
January 1, 2019 and ending on June 30, 2019. The City may, at its sole discretion, extend the
term of this Agreement on a 12 -month basis not to exceed two (2) additional twelve 12 -month
renewal term by giving written notice thereof to Contractor not less than thirty (30) days before
the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or
services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work
Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific
amount of work or services as all work or services shall be authorized through a Task/Work Order
issued by the City.
3. Compensation and Cost of Living Adjustment. Compensation to be paid to
Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A),
which is attached hereto and incorporated herein by reference. In no event shall Contractor's
compensation exceed Sixty Thousand dollars ($60,000) per Fiscal Year, without additional
written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the
contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an
inflator or administrative charge. Payment by City under this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time of payment.
The compensation paid to Contractor may be adjusted on each July 1 following the first
anniversary of the commencement of the term of this Agreement, provided that The request for
cost of living adjustment shall be presented to the City no later than June 1 st of a particular year
and, if approved by the City, will become effective on July 1 st of that year. Any adjustment will be
based on the Los Angeles- Riverside - Orange County Consumer Price Index (CPI) but in no event
shall the price adjustment exceed five percent (5 %).
4. Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such
services and related work were performed. Contractor's bills shall be segregated by project task,
if applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor's bills shall include a brief description of
the services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Contractor no later
than forty -five (45) days after receipt of the monthly invoice by City staff.
5. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination,
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provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "Method of Payment" herein.
6. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Contractor for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City acknowledges
that any use of such materials in a manner beyond the intended purpose as set forth herein shall
be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless
Contractor, its officers, officials, agents, employees and volunteers from any claims, demands,
actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and
expenses in connection therein), arising out of the City's use of such materials in a manner beyond
the intended purpose as set forth herein.
a. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Contractor
under this Agreement ( "Documents & Data "). Contractor shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Contractor represents and warrants that
Contractor has the legal right to license any and all Documents & Data. Contractor makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Contractor or provided to Contractor by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
b. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Contractor in connection with the performance
of this Agreement shall be held confidential by Contractor. Such materials shall not, without the
prior written consent of City, be used by Contractor for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Contractor which is otherwise known to Contractor or is generally known, or has
become known, to the related industry shall be deemed confidential. Contractor shall not use
City's name or insignia, photographs relating to project for which Contractor's services are
rendered, or any publicity pertaining to the Contractor's services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
7. Contractor's Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
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services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Contractor to
this Agreement.
b. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Contractor's address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor's business, City
may, by written request by any of the above -named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Contractor, Contractor's
representatives, or Contractor's successor -in- interest.
8. Independent Contractor. It is understood that Contractor, in the performance of
the work and services agreed to be performed, shall act as and be an independent contractor and
shall not act as an agent or employee of the City.
9. PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and /or employer
contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and /or employee contributions for
PERS benefits.
10. Interests of Contractor. Contractor (including principals, associates and
management employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Contractor's services
hereunder. Contractor further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
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Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
a. will conduct research and arrive at conclusions with respect to his /her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
11. Ability of Contractor. City has relied upon the training and ability of Contractor to
perform the services hereunder as a material inducement to enter into this Agreement. Contractor
shall therefore provide properly skilled personnel to perform all services under this Agreement.
All work performed by Contractor under this Agreement shall be in accordance with applicable
legal requirements and shall meet the standard of quality ordinarily to be expected of competent
contractors in Contractor's field of expertise.
12. Compliance with Laws. Contractor shall use the standard of care in its profession
to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Contractor represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Contractor to practice its profession. Contractor represents and warrants to City that Contractor
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business
license.
14. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the negligence or willful misconduct of the City or its officers, employees, agents,
or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have
contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Contractor from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Contractor
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
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15. Insurance Requirements.
a. Insurance. Contractor, at Contractor's own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager,
the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for his /her
employees in accordance with the laws of the State of California. In addition, Contractor
shall require each subcontractor to similarly maintain Workers' Compensation Insurance
and Employer's Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Contractor for City. In the event that Contractor is exempt from Worker's Compensation
Insurance and Employer's Liability Insurance for his /her employees in accordance with
the laws of the State of California, Contractor shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount of one million dollars ($1,000,000) per occurrence
for bodily injury, personal injury and property damage. 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.
Required commercial general liability coverage shall be at least as broad as Insurance
Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or
Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive
General Liability and Insurance Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability. No endorsement may be attached limiting the
coverage.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Contractor arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non -owned vehicles, in an amount
of million dollars ($1,000,000) combined single limit for each occurrence. Automobile
liability coverage must be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto "). No endorsement may be attached
limiting the coverage.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be
endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured with respect to liability
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under the Commercial General Liability and Automobile liability coverages
arising out of work performed by or on behalf of the Contractor, including materials, parts
or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self- insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the City. At the City's option, Contractor shall
demonstrate financial capability for payment of such deductibles or self- insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of insurance
with blanket endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
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If to Contractor: J & L Constructors, Inc.
17140 Grand Avenue
Lake Elsinore, CA 92530
DIR# 1000056885 CSLB:974212
17. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Contractor. All prior written and oral
communications, including correspondence, drafts, memoranda, and representations, are
superseded in total by this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the reputation, experience and competence
of Contractor. Contractor shall be fully responsible to City for all acts or omissions of any
subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this
Agreement will be permitted only with the express consent of the City. Contractor shall not
subcontract any portion of the work to be performed under this Agreement without the written
authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible
to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create
any contractual relationship between City and any subcontractor nor shall it create any obligation
on the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
21. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys' fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
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25. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
26. Authority to Enter Agreement. Contractor has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party. The City Manager is authorized to enter
into an amendment or otherwise act on behalf of the City to make the following modifications to
the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in
the scope of services; and /or (d) suspend or terminate the Agreement.
27. Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
28. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non - discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
29. Prevailing Wages. Contractor is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Contractor agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the work or services provided pursuant to this Agreement, Contractor shall bear
all risks of payment or non - payment of prevailing wages under California law, and Contractor
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
30. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures on next page]
Page 9
DocuSign Envelope ID: 080C94F5- C59B -41 E6- BEED- 3DD1276234AO
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
DocuSigned by:
AEE07�C=- ,O4AF... y Manager
vi ai n � a�ca, �n
Date: 4/6/2019 1 7:45 PM PDT
ATTEST:
Docu Sig ned by:
4E3A35C2046F4CE...
vUVULY %11Ly �-ierk
APPROVED AS TO FORM:
DocuSigned by:
A5086D9006AF48C...
Vlly l%LLUI I IGy
Attachments: Exhibit A - Contractor's Proposal
"CONTRACTOR"
J & L Constructors, Inc.
DocuSigned by:
Wl,ll'
C00453B87D1847E...
By: Bryson W. Miller
Its: Owner
Date: 4/6/2019 1 5:12 PM PDT
Page 10
DocuSign Envelope ID: 080C94F5- C59B -4lE6- BEED- 3DD1276234AO
EXHIBIT A
RATE SHEET or CONTRACTORS PROPOSAL
Journeyman Level Rates by Craft
STRAIGHT -TIME OVERTIME HOURLY RATE
CRAFT (JOURNEY LEVEL)
HOURS
TOTAL
HOURLY
1 56.72
DAILY
SATURDAY
D 76.920
SUNDAY
HOLIDAY
AND
97.11
BRICKLAYER, STONEMASON,
MARBLE MASON, CEMENT BLOCKLAYER, POINTER, C 8.0
CAULKER, CLEANER
BRICKLAYER:
MASON FINISHER C 8.0
BRICK TENDER C 8.0
BRICK TENDER:
FORKLIFT OPERATOR C 8.0
CARPET, LINOLEUM,
RESILIENT TILE LAYER 8.0
M ATERIAL HANDLER 8.0
DRYWALL FINISHER
DRYWALLFINISHER 8.0
ELECTRICIAN:
COMM &SYSTEM INSTALLER 8.0
INSIDE WIREMAN -ZONEA 8.0
CABLESPLICER -ZONEA 8.0
D
76.92
74.22
45.90
D
60.06
D 60.060
52.80
68.93
68.930
85.06
53.25
69.60
69.600
85.96
48.69
65.61
H 65.610
82.54
20.08
25.58
J 25.580
31.08
57.82
77.11
K 77.110
96.40
47.28
N
64.02
N 64.020
80.75
64.50
R
84.49
R 84.490
104.48
66.06
R
86.84
R 86.840
107.61
TUNNEL WIREM AN -ZONEA
FIELD SURVEYOR:
CHIEF OF PARTY(0B.S7 -on)
INSTRUMENTMAN(0B.157 -034)
CHAINMAN /RODMAN(869.567 -08)
GLAZIER
MARBLE FINISHER
PAINTER
INDUSTRIAL PAINTER
PAINTER:
PAINTER, LEAD ABATEMENT
REPAINT PAINTER, LEAD ABATEMENT
INDUSTRIAL REPAINT PAINTER
PLASTERER
PLASTER TENDER
PLASTER CLEAN-UP LABORER
PLUMBER:
PLUMBER, INDUSTRIALAND GENERAL PIPEFITTER
SEWERAND STORM DRAIN PIPELAYER
SEWERAND STORM DRAIN PIPETRADESMAN
SERVICE& REPAIR (PLUM BER /HVAC- FITTER)
LANDSCAPE /IRRIGATION FITTER
LANDSCAPE /IRRIGATION TRADESMAN
FIRE SPRINKLER FITTER (PROTECTION AND
CONTROL SYSTEMS, OVERHEAD AND
UNDERGROUND)
FIRE SPRINKLER FITTER (PROTECTION AND
CONTROL SYSTEMS, OVERHEAD AND
UNDERGROUND)
ROOFER
PITCH WORK
PREPARER
SHEET METALWORKER
TERRAZZO FINISHER
TERRAZZO WORKER
TILE FINISHER
TILE LAYER
8.0
68.49
R
90.48
R 90.480
112.47
8.0
75.83
N
100.26
N 100.260
124.69
8.0
73.16
N
96.34
N 96.340
119.52
8.0
72.53
N
95.42
N 95.420
118.31
8.0
68.49
W
89.59
W 89.590
110.69
8.0
46.06
Y
62.28
Z 62.280
AA
78.49
8.0
48.87
AC
65.13
AC 65.130
AC
65.13
8.0
47.07
AC
62.63
AC 62.630
AC
62.63
8,0
43.42
AD
57.22
AD 57.220
AD
57.22
8.0
45.05
AD
59.47
AD 59.470
AD
59.47
AF 8.0
58.75
AC
77.18
AG 77.180
95.61
8.0
58.25
Al
76.43
AJ 76. 430
94.62
8.0
55.70
Al
72.61
AJ 72.610
89.52
8.0
74.30
D
98.52
D 98.520
121.11
8.0
58.18
75.95
AD 75.950
93.11
8.0
29.64
38.03
AO 38.030
46.43
8.0
71.77
95.21
AR 95.210
AS
117.03
AO 8.0
56.51
73.08
73.080
88.31
AD 8.0
19.51
26.85
26.850
34.18
8.0
61.98
81.85
81.850
101.71
8.0
71.48
93.79 AZ 93.790
116.09
90.06
93.56
92.06
8.0
55.69
D
72.88 D 72.880
8.0
57.44
D
75.50 D 75.500
8.0
56.69
D
74.38 D 74.380
95.55 BE 95.550
8.0
73.41
BE
117.69
AO 8.0
44.92
Y
60.54
BG 60.540
AA
76.17
AD 8.0
52.83
Y
72.03
BG 72.030
AA
91.22
8.0
39.34
Y
52.96
Z 52.960
AA
66.57
8.0
56.65
v
1 76.18
Z 76.180
AA
95.71
EXHIBIT A
DocuSign Envelope ID: 080C94F5- C59B -41 E6- BEED- 3DD1276234AO
Specialty Trade Equipment Rates
lHeavy Equipment with operator
I Hourly
Equipment Rates I
Daily I Hourl
mini excavator
$125
dump trailor
$235
large excavator
$155
super 10
$95
backhoe
$145
truck and transfer
$110
Dozer
$165
air compressor
$285
Scraper
$150
welder
$250
Rates include the cost of equipment * ** Equipment 4 hour minimum
Fuel separately charged.
EXHIBIT A
DocuSign Envelope ID: 080C94F5- C59B -41E6- BEED- 3DD1276234A0
1 JBLCONS -02
NYYYl
CERTIFICATE OF LIABILITY INSURANCE °A'E iM "r,
1112712018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(sl.
PRODUCER
Rock 10 Insurance Services, Inc.
P O Box 15608
San Diego, CA 92175
INSURED
J & L Constructors Inc
8471 Clarkdale Dr
Huntington Beach, CA 92646
IE
No. Exo: (866) 376-2510
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER--
375 -2511
17159
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL3UBR POLICY NUM POLICY JEFF POLICY EXP LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE � OCCUR
X
x
CIP348659 4Pl712018
EACH OCCURRENCE S 1,M.000
412712019 DAMAGE TO RENTED occurrence) i 100,404
MED EXP (Any one S 5.w0
PERSONAL & ADV INJURY 1 +0N +W4
GENT, AGGREGATE LIMIT APPLIES PER:
X POLICY E] Jppr LOC
GENERAL AGGREGATE S 2,00 +00
PRODUCTS - COMRIOP AGG S 2 +0w +o
OTHER
OBILE LIABILITY
COMBINED SINGLE LIMIT
i
BODILY INJURY Per 5
Y AUTO
[7A
WNED SCHEDULED
T��O[QTS ONLY AUTOS
ILY INJURY Per acciclenl
WPE=k! iGE
AUTOS ONLY NAUD7 ®S NNLDY
UMaRELLALIAB OCCUR
HCLAJMS-Kt4,OE
EACH OCCURRENCE
AGGREGATE
EXCESS LIAS
DIED RETFNTION $
B
YYO RI[ERS COMPENSATION
-
_x PER OT}6
A EMPLOYERS' LIABILITY Y I N
ANY PROPRIETOWPARTNERIEXECUTIVE
W ERIMEIMSEREXCLUDEI
ry n NH]
NIA
917aB23 -2x18 121312018
12/312419
E.L EACH ACCIDENT 1,440,040
E.L. DISEASE - EA EMPLOYEE S 1 +0Nr000
IF yes descrnhe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY UUn 1 +400x004
i
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requilvdi
Re: Job#Open PO for J & L Constructors Inc. - arlous Locations Throughout the Inland Empire, and the City of Lake Elsinore
City of Lake Elsinore The City, officers, employees, and volunteers are included as Additional Insured under Commercial GL policy per attached endorsement
as respects ongoing operations, subject to written contract between Named Insured and Additional Insured. GL coverage is primary & noncontributory. GL
Waiver of Subrogation applies.
Ownar(s) excluded from WC coverage.
City of Lake Elsinore
521 N Langstaff St
Lake Elsinore, CA 92530
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016143) (D 1988 -2415 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: 080C94F5- C59B -4lE6- BEED- 3DD1276234A0
ACa CERTIFICATE OF LIABILITY INSURANCE °A 0124)2018
a v tD124J2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMlAT10N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE Of INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the eertificato holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s).
CONTACT
PRODUCER NAME. Nena Soto
State Farm Nena Soto State Farm PHONE 562 -869 -9000 F No
C Nn 11331 La Mirada Blvd t MAIL nena snto.kiuzQstatefafm.com
�► , v Y
Whittier CA 90604 INSURER(Sl AFFORtI1N$CQYERAGE NAM, a
INSURER A; State Farm General Insurance Company 25151
INSURED INSURER ID:
J & L Constructors Inc. (127253) INSURER C:
8471 Clarkdafe Dr INSURER O : -
Huntington Beach CA 92W INSURER E:
INSURER F
r ITMVIEIPATC MIIea0C8• faFVlGlc)fj KIIIIURf =R-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOVWN IMAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN SR' AO U .__._ —. POLICY EFF POLICYEXP L1MIT5
LTR TYPE OF INSURANCE PC"Y NUMBER MM DfnMi
COMMERCIAL GENERAL LIABILITY
City of Lake Elsinore
521 N Langstaff St
AUT110R12E0 EPRE
i
EACH OCCURRFNCF
3
CLAIMS -MADE � OCCUR
-ITAMAGE TO RENT
PREMISES Ea accrrrrence
f_
NED EXP IArry aieverwn
S _ _ „ •. _._ ._
PER SCNAL S ACV INJURY
f
GENERAL AGGREGATE
' GEnrl. AGGREGATE LIMIT APPLIES PER
S
PRODUCTS - COMPfOP AGG
y
• POLICY CT 0 La^
E
S
OTHER;
AUTOMOB" LuAML.ITY
Y =
2017 Chevrolet 2500 UTIL
'IM512018 05/05/2019
a aB NEi 1!INGLE LIMIT
s 1,000,000
acol LY I.NSJRY (Per person)
S
ANY AJTO
1G82CUEY2HZ3i7673
9OD1LY INJURY 03 acua"t)
L
PROPERTY DAM AGF
Per aco4enlj_ .
I
Y
OVWVED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON- OWdVEO
AUTOS ON" -Y AUTOS ONLY
,
604- 9600-F05 -75B
UMBRELLA LM
OCCUR
EACH OCCURRENCE
S
$
EXCESS U"
CLAIM5•MAO_E
AGGREGATE
;SFD I RE TE•'4TICNS
S
'.
PIORHERS COMPENSATION
AND EMPLOYERS' LUBIL.ITY YIN
•
PROPRIETORIPARTNFRIFxECUTIVE
PER
STATUTE 'E)7R
E t. EACH ACCIDENT
S
_ _
E.L. DISEASE - EA EMPLOYEE
_
,ANY
OFFICE" EMBER EXCLJDED'7 ❑
IMandalory In NH)
N I A
I
E.L. DISEASE - POUCY LIMIT
5
a es. detWt)o under
ea. OF OPERATIONS blow
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES jACORO 101. Add Hlonst Remarie Schodula, may he attached If more apaca It mqulmd)
i. The City. its elected or appointed Officers, OHiclals, ernployees,agents and volunteers are to be covered as additional insured wlfh respect to liability arising out
of work performed by or on behalf of the Contractor, including :materials, parts or equipment fumi shed In connection with suctl work or operations.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any
Insurance maintained by the City, including any self• insured retention the City may have, shall be considered excess insurance Only, and Shall not Contribute
with rt.
V G1'1 I P l 1 G r.vrv��a
-
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE (DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Lake Elsinore
521 N Langstaff St
AUT110R12E0 EPRE
Lake Elsinore CA 92530
n
..r t loo -cv � n�.+.anu +.vr�r �rtir. r rvr�. .•+rr r Iy, ru r. cscr .cu,
ACORD 25 (2016f03) The ACORD name and logo are re a AODRD
!rjp1466 192619.1$ 03.1 8-201e
DocuSign Envelope ID: 080C94F5- C59B -41 E6- BEED- 3DD1276234A0
BUSINESS NAME: J & L CONSTRUCTORS INC
BUSINESS 17140 GRAND AVE
LOCATION: LAKE ELSiNORE, CA 92530
OWNED NAME: BRYSON & VANESSA MILLER
J & L CONSTRUCTORS INC
8471 CLARKDALE DR
HUNTINGTON BEACH, CA 92646
BUSINESS LICENSE NO. LIC- 2018 -00765
BUSINESS TYPE: GENERAL BUILDER CONTRACTOR
DESCRIPTION:
Issue Date: 1OJ29/2018
Expiration Date: 10/31/2019