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03-1230_FRIESS COMPANY BUILDERS, INC._Personal Services AgreementPERSONAL SERVICES AGREEE�MyyEII NT THIS AGREEMENT is made and entered into thisc7J day of 2003, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Friess Company Builders Inc. (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to Develop a Cost Estimate for Rehabilitation of the Harrison House and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in the City Memorandum by Erin Gettis dated December 15, 2003 and Friess Company Builders letter dated December 22, 2003, attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than Date. Section 3. Compensation. 3.1 Amount. Total compensation forthe scope of services forthis Project shall not exceed One thousand one hundred and eighty dollars ($1180.00), as set forth in Friess Company Builders letter dated December 22, 2003, attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Friess Company Builders letter dated December 22, 2003, attached and incorporated herein by P1P1anning\erin\SJC_F0rms\friess_agreement_harrison.wN -1- 12/22/03 reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant 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 Consultant 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 Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant 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 Consultant is permitted to subcontract any part of this Agreement by City, Consultant 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 Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scoge of 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 P:\Planning\erin\SJC_FonnsUriess_agreement_harrison.wpd -2- 72/22/03 Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarily with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform 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. Section 9. Compliance with Law. Consultant shall complywith all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant 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 Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential P:\Planning\erin\SJC_Forms\fiess_agreement_harrisonmpd -3- 12/22/03 to the extent permitted bylaw, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials 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 damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. 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, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; P:\Planning\erin\SJC_Fonnslfiess_agreement_harrisonmpd -4- 12/22/03 $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's 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, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Priorto beginning anywork underthis Agreement, Consultant shall submit an insurance certificate to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall notterminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, exceptthat ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. P:\Planning\erin\SJC_Forms\friess_agreement_harrison.wpd -5- 12/22103 Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated 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: Director of Engineering & Building To Consultant: Friess Company Builders Inc 31658 Rancho Viejo Road, Suite B San Juan Capistrano, Ca 92675 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 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. P:\Planning\erin\SJC_Forms\friess_agreement_hardson.wpd -6- 12/22/03 This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Cindy Russell, terim City Manager CONSULTANT By: Kenneth E. Friess, Pnnci al ATTEST: IT R. Monahan, City Clerk APPROVED AS TO FORM: John R. Shaw, ity Attorney P:\Planning\edn\SJC_Forms\fdess_agreement_hamson.wpd -7- 12122t03 MEMORANDUM December 15, 2003 TO: Friess Company Builders, Inc. FROM: Erin Gettis, Historic Preservation Manager SUBJECT: Harrison House CIP #456, Proposed Scope of Work for Cost Estimate Please provide cost estimate calculations and details to the following items. Water Damage • Provide solution to alleviate site drainage resulting in damage to building. • Remove soil to approx. 5" below top of foundation around entire building. • Provide river rock bed at 'drip line' for roof around entire building. • Remove soil berm currently against front porch. • Provide solution for remaining soil containment, and if necessary a wall retention system constructed of river rock. • Remove and replace three 6x6 wood columns damaged due to dryrot at front porch, exact columns to be determined. Verify quantity and condition of remaining columns during assessment. • Remove and replace all termite and dryrot damaged wood on exterior of building. • Remove rear concrete walkway. Weather Damage • Reset and repair all protruding nail heads on exterior of building. • Paint exterior of building. Prep exterior by sanding to stable paint layer. Caulk siding as necessary. Provide protection of landscape as needed. Note 1: Primer to be oil- based. Note 2: Provide lead abatement as required. • Paint interior rooms of building. Prep interior by lightly sanding surfaces. Include prep, patching and caulking of surfaces as required. Provide protection of furniture and artwork, etc. Note 1: Primer to be oil-based. Note 2: Provide lead abatement as required. Note 3: Include removal and reinstallation of all artwork. • Remove existing fencing throughout site, repair and replace as necessary, paint and reinstall. Maintenance • Replace broken window pane in living room. • Repair existing front screen door latch. • Repair leak in roof above kitchen. Replace shake roof material and sheathing as necessary. • Remove landscaping where proximity may cause damage to building. • Provide solution for artifact storage in cellar, including proper clearances for heater. • Replace broken sash rope to elevated skylight window. (Optional pending restoration) • Verify pest removal throughout structure. • Clean existing shake roof using a low pressure water system and brush. Restoration of spaces to original character (optional pending funding) • Replace tongue and groove ceiling in living room, hallway, mud room and parlor (Requires custom milling to match existing.) • Replace dryrot damaged tongue and groove ceiling in kitchen. • Remove existing carpet and refinish flooring. (Need to determine condition of original.) • Remove existing skylight and replace roof material and sheathing as necessary. We will verify the items listed and proposed solutions at an on-site meeting on 12/18/03 at 2:15pm. Sincerely, Erin Gettis, Associate AIA Historic Preservation Manager Planning Department City of San Juan Capistrano EG:hs P:\Planning\erin\SJC_Projects\Harrison House\Hardson-S0W_121503.wpd FRIESS COMPANY BU/GOERS, INC. PROPOSAL FOR CONSULTING SERVICES To: Erin Gettis, Planning Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Development of Cost Estimates and Expanded Descriptive Scope of Work for Rehabilitation of Harrison House, Historic Structure Located at 27762 Ortega Highway, San Juan Capistrano SCOPE OF CONSULTING SERVICES: 1. Inspect existing conditions using work list prepared by Eric Gettis dated December 15, 2003. 2. Using the City of San Juan Capistrano list of desired repairs and modifications develop a narrative description of repair and modification requirements and express these as a scope of work. 3. Provide photo survey and floor plan to show location of modification. 4. Develop a line item budget to accompany the scope of work description. ESTIMATED COST FOR CONSULTING FEES BASED UPON AN HOURLY RATE OF $118 per hour. 1. Site Inspection and Preparation of Repair List 3 hours 2. Photo Survey 1 hours 3. Development of Work Scope 2 hours 4. Development of Single Page Site Plan 2 hours 5. Budget Development 2 hours Total Estimated Hours 10 hours x 118 = $1180.00 Contract would be billed on an hourly basis, not to exceed. NOTE: ENGINEERING AND SURVEY SERVICES ARE NOT INCLUDED. THEY MAY BE PROVIDED BY SEPARATE AGREEMENT. 31658 RANCHO VIE10 ROAD, SUITE B SAN DUAN CAPISTRANO, CALIFORNIA 92675 TELEPHONE 949-48]-9]00 FACSIMILE 949-248-8433 GEV IRAI CO%SL4UCI ION �PROI LC I %I ANA( I M111 NI Agreed and Accepted: Friess Company Builders, Inc. Date: ZByjitenneth E. �Friess Its: Principal Client Date: By: Its: Date: By: Its: __ FRIESS COMPANY BUILDERS, INC