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11-1004_FRIESS COMPANY BUILDERS, INC_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this Alday of(" 4011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Friess Company Builders, Inc. (hereinafter referred to as the "Contractor"). WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide building maintenance services; 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 January 1, 2012. This Agreement shall be for a (3) three-year period of time with the option of three (3) one-year extensions. Agreement extensions shall be based on staff review of the Contractor performance. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for building maintenance services, payable at the rates as set forth in Exhibit "B" attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. 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. Upon Subcontracting Section 5. Limitations U on S�abcontraqand 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. Section 9. Compliance with Law; E -Verify. 9.1. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the registration page at https:He-verify.uscis.gov/enroll/. Contractor shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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. Not Applicable. Section 12. Not Applicable. 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 3 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. 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 M Agreement, Contractor 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, 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 awned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on'the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to .failure to pay a 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. 5 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: Nasser Abbaszadeh To Contractor: Friess Company Builders, Inc. 32332 Camino Capistrano, Suite 102 San Juan Capistrano, CA 92675 Attn-. Ken Friess Section 17. Prevailing Wades. 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 rights to enforce the same as against the CONTRACTOR. 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] C: IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO CITY OF SAN JUA�kCAPISTRANO ren P. Br`ust, City Manager CONTRACTOR By: 7 SPECIAL CONTRACT PROVISIONS SCOPE OF WORK Work To Be Done Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify Building Maintenance Services in those areas designated by the Public Works Director or authorized representative and to leave the premises in a neat condition. The scope and type of the repair work may vary according to need. Work will be performed on a time and materials basis. The contractor will be required to provide a cost for each repair, based upon the labor rates for the job classifications provided in the Proposal and the costs for the materials required to accomplish the repair. The price to be paid for such material shall be based on an established catalog or list price in effect.when material is furnished. In some cases, the City may provide the materials to be used on a repair. The contractor shall furnish and maintain records designating locations, types, and quantities of the building repairs. Labor time sheets and materials receipts shall be provided for each repair. Such reports shall be signed by the contractor and the Public Works Director or authorized representative. All work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and' in addition thereto, the City representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. This proposal covers Building Maintenance Services only. Building improvement projects shall be bid out separately. Authorization of Work Work will not be performed without prior approval and only as authorized by the Public Works Director or authorized representative. Progress of Work Work shall proceed in an orderly manner. Wherever possible, repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the Public Works Director or authorized representative. Alterations The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City. The Public Works Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be lEXHIRIT A determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written order of the Public Works Director or authorized. representative, Contractor shall proceed with the work as increased, decreased or altered. Acceptance of Work Done The Public Works Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. Billing Form Contractor shall provide a billing form, to include hours of work by trade and materials listed separately, and progress payment form approved by the Public Works Director or authorized representative. All work shall be performed per the Standard Specifications for Public Works Construction (Green Book), Latest Edition. All work shall be performed per the Uniform Building Code (UBC), Latest Edition; National Electrical Code (NEC), Latest Edition; and Uniform Plumbing Code (UPC), Latest Edition; and Americans with Disabilities Act (ADA). The Contractor shall perform work under the requirements of the City of San Juan Capistrano Municipal Code and the laws of the State of California. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following construction, until that time that the area is opened again to the public for their. use. Rubbish and construction debris shall be disposed of to an approved dump site. After removal operations have been completed, the grounds shall be left in a neat and presentable condition, satisfactory to the Public Works Director or authorized representative. The Contractor shall verify the location of all utilities prior to construction, repair or maintenance, and shall be held liable for all damages incurred due to his operations. Per City Council Policy 601, an Archeological Monitor is required to be onsite during all excavations in excess of 18 inches. VA 2 The Contractor shall provide traffic control per the Work Area Traffic Control Handbook (W.A.T.C.H. Manual), subject to approval by the Public Works Director or authorized representative. NPDES Regulations The Contractor shall comply with all City regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements and the City's Best Management Practices. ' Contractor shall not discharge anything to the storm drain or creek. Contractor will contain any materials that may potentially reach a City storm drain. Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor will conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required training on stormwater regulations and the BMP's, and acknowledgement of adherence to these standards while performing work at the City. When saw cutting, all water and residue shall be detained and vacuumed prior to entrance into the storm drain. Vacuumed construction water shall be properly disposed of. The Contractor is subject to severe fines and penalties should he/she allow construction water to enter the storm drain or creek system. . During construction the Contractor shall provide street sweeping as necessary to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Elimination System Program (NPDES). Protection of Existing Utilities The Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one -call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hours notice. Such requests should be requested through USA (1-800-422-4133). Contract Termination If at any time, in the opinion of the Public Works Director or authorized representative, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to perform any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should the contractor neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. iia 3 Extra Work 1. Extra work will not be performed without prior approval by the Public Works Director or authorized representative unless a condition exists wherein it appears there is danger of injury to persons or damage to property. 2.' Extra work may be required by the Public Works Director or authorized representative as a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. Payment for extra work will be based on actual cost of labor and materials shall be based on an established catalog or list price in effect when material is furnished. Extra services other than those listed shall be negotiated on a time and material basis with a "not to exceed" amount. 4. The Public Works Director or authorized representative is authorized to approve extra work up to 25 percent (25%) of the annual cost of the agreement, or reduce the contract 'amount by up to 25 percent (25%) of the annual cost of this agreement. Flow and Acceptance of Water Surface or other waters may be encountered at various times. The Contractor, by submitting a proposal, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his proposal accordingly. It shall be the sole responsibility of the Contractor to protect their work from danger due to any waters encountered. Should any damage occur to the work due to surface or other water, the Contractor shall repair such damage at their expense. Protection of Private Propertv The Contractor must remain within the maintenance areas to the best of his ability. The Contractor must protect all existing private property. Protection of Maintenance Areas Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street; way or parking area during performance of the contract work, and 4 Contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. Weekly Reporting Contractor shall make weekly contact with the Public Works Director or authorized representative to determine work level and effort, as well as maintenance performance. Contractor shall -provide the City with a weekly log sheet showing the names, dates, and hours worked of all employees for the previous week, on the following Monday. Withholding of Pa ment If, in the. event that inadequacies/deficiencies are determined by the Public Works Director or authorized representative, the Contractor will have 24 hours from the time such items have been determined to be corrected as necessary. If Contractor fails to correct within 24 hours, Contractor shall be fined the amount previously determined at the time of the initial inspection. Deductions from the monthly payment due, for work not performed, will be based upon the bid worksheets, which are to be submitted at the time of bid. Meetings Contractors shall provide the Public Works Director or authorized representative with a contact person(s) and a phone number to reach the contract representative at all times, 24 hours per day. Contractor shall appoint and identify to Public Works Director or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns which may arise and any goals for the day/week. j� GENERAL PROVISIONS REQUIREMENTS I PERSONNEL EQUIPi1IIENT iVIATERIALS AND SUPERVISION REQUIREMENTS a) Work will ordinarily be performed between the hours of 7:00 AM and 5:00 PM, Monday through Friday. Work may be required at other than normal hours such as during emergencies, holidays, or weekends. The Contractor must receive the approval of the Director of Public Works or his/her authorized representative prior to commencing work during hours outside those stated above. b) Contractor shall maintain an adequate crew of at least two experienced employees to perform the service required. c) Contractor will be required to supply a list of equipment owned and available for work. d) Contractor will be required to supply a list of references for similar work performed. e). Contractor will be required to supply list of sub -contractors if applicable. f) Contractor may be required to supply additional experience references if requested by City. g) Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted .in the contract. h) 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 1770 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. i) Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on some sites, and shall be included in quoted prices. j) Hourly rates for after hour work shall be for actual time spent on the job site. No travel time will be paid. k) The Proposal will be awarded based on an analysis of Proposal Prices; Statement of Experience, Statement of Equipment, List - of Sub- ContractorsNendors and all provisions noted in the Instructions to Proposers and General Provisions and Specifications sections of the Specification Package. The City may award to one or more contractors as required to meet its needs. 1) At any time prior to Proposal date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. M) Contractor shall protect any and all private property adjacent to work areas. Any . damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. n) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company or sub -contractor if applicable. o) All employees of Contractor shall wear an orange safety vest whenever working in City streets, or within 10 feet of City streets. P) Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. q) Contract Termination - if at any time, in the opinion of the Public Works Director, or authorized representative, the Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should he neglect or refuse to provide means or satisfactory compliance with the contract, as directed by the Public Works Director, or authorized representative, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. PERSONNEL The contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this contract. (a) Contractor's Employees and/or their Sub -Contractors The Contractor agrees to require his/her employees and/or their sub -contractors to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the Public Works Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory person(s). V�I (b) Laborer Attire .The Contractor shall require each of his/her employees or their sub -contractor to adhere to basic standards of working attire. These are to include uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times, buttoned and tucked in. (c) Typical Tasks Contractor shall supply laborers with the skills to perform various semi -skilled duties in connection with building maintenance services including operating a variety of hand and power tools; maintaining of public facilities, and operating light equipment. (d) Experience Supervisors/foremen shall have a minimum of five (5) years of experience in the building maintenance service field. (e) Licenses Contractor's employees will be required to possess a valid and current California Driver License, including all insurances as required by the City. (f) Knowledge and Abilities The Contractor's employees shall have a general knowledge of the construction industry including suitable experience in the field to perform the required work in a safe and thoughtful manner. EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the work set forth in this contract. (a) Vehicles Contractor and/or their sub -contractors shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet during the course of their work. V� (b) Maintenance All equipment used by the Contractor shall be kept in a neat and clean appearance and maintained in top mechanical condition. All equipment shall be prope rly'adjusted, from an operational safety standpoint. (c) Storage of Equipment The Contractor is required to supply storage for equipment that is used in the City. Equipment shall not be stored in the public right of way or on any other City property without written authorization. from the Public Works Director or authorized representative. MATERIALS The Contractor is required to supply storage for materials that are used in the City. Material shall not be stored in the public right of way or any other City property without written authorization from the Public Works Director or authorized representative. The contractor shall furnish all material, including but not limited to equipment, etc., necessary for the performance of the work set forth in this contract. SUPERVISION The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the employees and their sub -contractors performing the work under contract. The field supervisor or their representative shall check with the Public Works Director or authorized representative weekly as to (1) schedule of work; (2) complaints, and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor.shall be onsite while work is in progress. TELEPHONE ELECTRONIC MAIL AND EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is. received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition which threatens to cause damage to any City property. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered( Il 4 sufficient for this purpose) during normal City working hours. Normal City working hours are 7:00 A.M. to 5:00 P.M., Monday through Friday. Contractor is required to maintain an office within the Orange County area. Contractor is further required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call -out by the Contractor shall not be more than two (2) hours and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. EMERGENCY MEDICAL FACILITY The successful proposer is , required to provide the City with one (1) copy of an "Emergency Medical Facility Designation and Procedure Sheet" before a contract is awarded. On this sheet, the successful proposer must designate a twenty-four (24) hour emergency medical facility to provide emergency medical treatment/care in the event of injury to any of the Contractor's employees. It will be the responsibility of the Contractor's supervisor/lead worker to transport or make arrangements for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility. s BUILDING MAINTENANCE SERVICES From: Friess CoMpany. Builders Inc. CONTRACTOR To the Honorable City Council — City of San Juan Capistrano: The undersigned, as proposer, declares that he/she has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read the Instructions to Proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the Contract Documents for the following: Said unit pricing amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, materials and other means of maintenance, also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. All prices quoted shall include removal and disposal of all material, such as sludge, grease, water, mud, roots, etc. from the project sites. All prices quoted above shall include traffic control if required by the City. If required, contractor will be required to pay for permits on City projects. Contractor may invoice City for reimbursement of actual permit fee(s) only. Unit pricing amounts shall remain in place for the three (3) year term of agreement. It is anticipated that the chosen Proposer(s) shall commence work on October 1, 2011. (If an individual, so state). If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manger thereof.) c Ken Friess, President/Manager Dated: U ���°l Friess Company Builders Inc. Name Dated: 32332 Camino Ca istrano Suite 102 SJC CA Business Address Dated: 949-487-9700 706666 Tel. Number CONTRACTOR LICENSE # Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his/her knowledge and that they constitute his/her proposal for the work called out herein. Ken Friess, President/Manager Dated: _�/�� ��/ Friess Company Builders Inc. Name Dated: 32332 Camino Capistrano, Suite 102 SJC CA Business Address Dated: 949-487-9700 706656 Tel. Number CONTRACTOR LICENSE # EXH1131T 13 LIST OF SUBCONTRACTORSNENDORS THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. KENNETH E. FRIESS FRIESS COMPANY BUILDERS INC. Proposer's Name Company Name 2. 32332 CAMINO CAPISTRANO SUITE 102 SAN JUAN CAPISTRANO CA 92675 Business Address 3. 949-487-9700 Business Telephone Number Name Address Phone Type of Work StarkeV Plumbing, P.O. Box 4558 San Clemente CA 92674. 949-492-8698 Plumbing Oasis HVAC Inc. P.O. Box 937 San Juan Cao CA 92675 949-420-1321 HVAC Bros Painting,150-G Los Obreros San Clemente CA 92674 949-689-5987 Parotin Direct Carpet, 28211 Marguerite Parkway,Mission Viejo CA 92692 949-347-1501,..Flooring Matt Stanley Construction 27141 Cordero Mission Vieio CA 92692 949-636-7606 Welding Ramsey Roofing, 31131 Santa Mar arita PI San Juan Cao CA 92675 949-351-4447 Roofing Clearview Systems, Inc. 2748 Penasco San Clemente CA 92674 949-498-5007 Storefront Glass Signature " ` Friess Company Builders Inc. Company LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. KENNETH E. FRIESS FRIESS COMPANY BUILDERS INC. Proposer's Name Company Name 32332 CAMINO CAPISTRANO SUITE 102 SAN JUAN CAPISTRANO CA 92675 Business Address 949-487-9700 Business Telephone Number List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. 1998 GMC Stakebed (dump truck}, 1999 Toyota Tacoma 2006 Toota Tundra 2007 Ford F-150 Greenlee 4000Ib Cable Puller Greenlee 854 Electric Conduit Bender Hepa Vaccum EPA Certified Ea le Power Water Extractor Portable Generators Power Washers Emer enc Sum /Flood Pumps, M-ytee.Room Fans; Jack Hammers Portable Soil Compactor Whacker Arc Welder Rolling Scaffolding to 20 feet Ladders .(Step & Extension Airless Paint Sprayers, Traffic Barriers & Delineators 1000 feet of 50AMP Cord and S ider Boxes Commercial Electric Golf Carts Am robe Electric Meter Data Logger/Recorder Signature " I f " - _ � Friess Company Builders Inc. Company STATEMENT OF EXPERIENCE PAGE 1 of 3 THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. KENNETH E. FRIESS FRIESS COMPANY BUILDERS INC, PROPOSER'S NAME COMPANY NAME 2. 32332 CAMINO CAPISTRANO SUITE 102 SAN JUAN CAPISTRANO CA 92675 BUSINESS ADDRESS 3. 949-487-9700 BUSINESS TELEPHONE NUMBER KEN FRIESSCO.COM BUSINESS E-MAIL ADDRESS 1. List at least six (6) Contracts of a similar type — either currently held or held within the past 24 months. PERIOD OF CONTACT NAME CONTRACT AND PHONE FROM/TO CITY/COMPANY NUMBER Keith Rattay CONTRACT AMOUNT Ongoing City of Mission Viejo/Maintenance $116,000 to date 949-470-3018 Ongoing City of Mission Viejo Keith Rattay $1,038,380 to date Since 1996 Construction Management 949-470-3018 2009-11: $176,877 3/10-5/11 City of Mission Viejo Keith Rattay $29,975 Photovoltaic Installation Management 949-470-3018 Ongoing Buys B Girls Club of Capistrano Valley James Littlejohn $252,475 to date Since 1999 Maintenance H Construction 949-240-7898 2009-11; $199 549 2009 — Present Boys 9 Girls Club of Westminster/ Helen Orkega $88,720 to date Maintenance 714-379-0097x 222 Ongoing CCH Corp. Sue Huffnagle $303,122 to date Since 1985 Maintenance/Constructitn 949-831-1040 200911: $222 244 Signature Friess CQmPany Builders Inc. Company STATEMENT OF EXPERIENCE PAGE 2 ©F 3 THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. KENNETH E. FRIESS FRIESS COMPANY BUILDERS INC. PROPOSERS NAME COMPANY NAME 2. 32332 CAMINO CAPISTRANO SUITE 102 SAN JUAN CAPISTRANO CA 92675 BUSINESS ADDRESS 3. 949-487-9700 BUSINESS TELEPHONE NUMBER KEN FRIESSCO.COM BUSINESS E-MAIL ADDRESS List at least six (6) Contracts of a similar type — either currently held or held within the past 24 months. PERIOD ®F ACT NAME CONTRACT HONE FROMITO CITY/COMPANY T—NUMBER CONTRACT ,8►M®UNT 10/1/09 — 11/30/09 City of Fullerton, American Red Grguyen $129,032 Building. Maintenance/Construction 714-738-6886 Ongoing Pacific Properties, Irvine Tracy Hirchag $11,811,695 to date Since 2005 Maintenance/Canstruction 949-757-0428 2009-11 � $685 888 10/09 — 11/09 City of Dana Point, Blufftop Bridge AI Jacobo $24 245 Repair/Misr. Maintenance 949-248-3555 8/09 -- Present San Juan Hills Golf Roberto Brutocao $285,475 Electrical Maintenance 949-724-9400 2010-11: $167,726 7/10-2/11 Cole 9 Company Management, SJC Tom Cole $9,125 Misc. Repairs 949-661-0600 Signature Friess Company Builders Inc. Company STATEMENT OF EXPERIENCE PAGE 3 ©F 3 THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION, 1. KENNETH E. FRIESS FRIESS COMPANY BUILDERS INC. PROPOSER'S NAME COMPANY NAME 2. 32332 CAMINO CAPISTRANO SUITE 102 SAN JUAN CAPISTRANO CA 92675 BUSINESS ADDRESS 3. 949-487-9700 BUSINESS TELEPHONE NUMBER KEN FRIESSCO.COM BUSINESS E-MAIL ADDRESS OTHER EXPERIENCE: Friess Company Builders, Inc. holds the following Licensing Certifications: B General Building Contractor C-10 Electrical C-36 Plumbing C-33 Painting and Decorating HAZ Hazardous Substances Removal Projects for the City of San Juan Capistrano: 1. From approximately 1998 - 2001 Friess Company did building repair and maintenance on the City Hall including constructing a secondary conference room and office facilities on the east side. 2. Managed first phase of Little Hollywood Housing Rehabilitation and Modular Installations. 3. Surveyed and prepared repair reports on San Juan Capistrano Regional Library, Yorba House, Cogd'on House, Esslinger Building, Harr,, on House. Signature Friess Company Builders Inc. Company W LU v) W z z W F -- _z ci z J_ I O E a LL O U I— z O W = W O �^ ®}=Ow000c)o O 0 C ) C� C3 C:) C] C5 DVW_Qai�co-tcim�u-)-, ..I ,= /Wy c CD rnyy ca a o Q W � � Ga 0W* W" �W sOWMO �eO �W3: U)C7c70©�O�C7O wqC cac7 ©Qac� co 00 Li E:7�-rC�[��CD0 co � co Lri JOIUIJ- �e9- Fto 0 Ooc]c�oc�c�oc�o O ZOO ca 00000 a a� i�comr- W CO00 M e*3ti�Nmrn M Il- CO00 CO COas - Z 63 60- 6'� 66 6% 69 64 64 6,5- 9oa. o W � � ce z O c E F- u U co c c E QL- E U *C5C7 oc�?-'c��oo I L c c c c c c c c �EEEEEEE E E ZEE E o FRIESS c'ran PANY BUILDEns, rc. 1. SAFETY PROGRAM OBJECTIVES It is the company's objective to provide a. safe and healthful work environment through (lie prevention of occul3Et6011a1 injuries and illness. Our ongoing objective for elle Safety Program is to reduce injuries and 111ness to a uunimmill. ideally our goal being ZERO aeriderr.ts and injri:ries. Our Safety Program itrclir�ll✓s: 1, Conducting a program of safety il7spectiorrs to Find and correct unsafe working:corrditions or practices, controlling health hazards and comptying fully with the safety and health standards for every job. 1 Training all employees in good safety and health practices. 3. Providing, if necessary, personal protective eguipmeirt. and instructions for its use and care. 4. Providing mechanical and physical safeguards to the rnaxirazum extent possible. 5.. Developing and enforcing safety riles, recltr..il-ing that our employees cooperate with these rules as a condition of employment, G. Itruestigating, .prorrlptly srtid thoroughly, every accident to find out -Nmhat caused it and to correct the problem so it won't happen agait , 7. Establishment of a safety practices code for all jots. II. RESPONSIBILITIES & INVOLVEMENT We .recognize that the resporrsillility fctr safety acrd health is sl ared. As your- employer, eve accept the responsibility for leadership of the safety program arld for .its effectivertcss and improvement, and for providing the safeguards required to casure safe canditions. Our- supervisors and nr:anagem.ent personnQ1 are responsil)ic for developing the proper attitudes toward safety, and are responsible for ensuring that all operations are perforincd with hire utmost -regard for the safety of all personnel involved. III. EMPLOYEE COMPLIANCI+, As employees, you are responsible for eooperatiug with all aspects of (lie safety program., including compliance with all rules and regulations, and fest` contirrcto €sly practicing safety while performing your duties. 32.134, CAMINO CAPISTRANO, WirI I G2, SAN JUAN CAP€SI PANG, CAL€ ORNTA 92,675 is7LrPil[)MF.; 997-gt37-SJ77)C} F'iiC.Slf�ilLt; 9�l9-74�3.8�33 LICE NSF FRIESS COMPANY BUILDERS, INC. IV. COMMUNICATIONS Matters concerning oco zpational ,safety and } ealth are communicated to employees by written. docuuiefflat on, staff ineetin s, formal and informal traiping and posting, Conrrantniication from employees to supervisors and/of the safety representa lives about unsafe or unhealthy conditions is required and may be verbal or written, as the employee chooses. The . estrlts of the investigation of any employee. safety suggestion or r'eport of hazard grill be distributed to all ernplo'yces affected by the hazard ox shall -be postedcry appropriate bulletin boards. V. INSPECTIONS Bach supervisor and/or safety representative will conduct all iiaspcction and/or investigation to identify rtn.safe work, conditions and practjces 1. Weekly i't all woak ar:c is; and 2. ltenevea rtcw sulastarrees, processed, proeeel rr°es or cclrril r rerxt are introduced into the workplace that represent a new occupational safety and 11,ealth hazard; 3. Whcurver- tine Supervisor/S fcty R... -presentative' ismade awave of a new o:r previously unrecognized hazard, 4. Periodic unannounced site visits will tale place by the safety, super -visor; VI. TRAINING Supervisors arc responsible to sue that those under their- direction receive training on general workplace safety as well as specific instructions with regard to hazards unique to any job assignriaerat. VIL if ECOIDKIA APING The Superintendent shall koep records of inspections, including the name of the person(s) conducting the inspection., the unsafe conditions, and work practices that have been identified and action taken to correct tho identified unstafe conditions and. work practices. These records shall. be'aaaaintait d for three (3) years. The Superiatendcnt shall also keep documentation of safety and health training attended by each employee, including employee nan c or other- identificr, training dates, type(s) of training and training provi.der•s. This documentation shrill be maintained for three (3) years. FRIESS COMPANY61111,DERS, IAf To ensure the effective implenjelltltioij Of otil' program, ei . uployms, must midetstand the following: No employee is expected to undertake a job until lie or- slie 11as, received instructions Oil how to I)crforiii it properly and, safety, and is authorized to perform the job. No employce should use chemicals without fully ndi rig their taxic properCles, and witliout the knowledge required to work with them safely. Y. Mwlianioal safeguards must always be in place, and k(..-,I)f in place. Employees MIISt tepoll to a supervisor or designated individual all uns f - e a it )n, a. c 0 )d ic 115 encountered durhig work without fear of reprisal. Any work-related injury or iffiless must be repoitod to your supervisor immediately. Employees' duties consist of the following: 1. Work in a safe manner by following safety reales and flistructiolls, 2. Be considerate of others ill the workplace. I :Report hazards asseep by bringing safety inatterg to the attention of their sniper visori 4. Report to wort tested. and physically able to, performthe work. 5. Immediately report to mann gern . entany and all .injuries you stjstai:ij. G. SLippprt themFety effort byporfonning their duties ill asaft manlier. We oncourage employee participatioi) and invotvcment by notifying depwin-Lent heads either in Writflig or Verbally of any helpffil suggestions, reconimendations, and observations. regarding safety Will`1011t fear Ofreprisal. Your suggestion may be beneficial not only to your department, but also applicable throughGLIt the Clltine com any, CorrsIrLICtiVC suggestions will be brought to the Safety CoMmittee's attention, 0 Employees Who follow safoalid healthy work practices will have this fact recognized and documented oil their performance.reviews. Managementi Foremen and SupelWisOrs 811,111 administer the Safety Program at all times, Although this company desires V01MItary cooperation on. the part of its cinployees, it also recognizes the possibility of non-conipliance. in. stick cases, disciplinary steps are necessary. Disciplinary measures arc progressive and involve four steps: I. Should a safety and health violation be noted, the supervisor is to informally discuss the behavior With the employee, stating4he potential dangerous result and GLItlinillg. tile CGrmCt procedure, then retrain the employee to ensure understanding, 2. A second: violation will generate either a forrual verbal warning or a written warning to the employee, dependi jig, on the s.everity. 3. I'lie third infracti011 results it, a forMal written Warning or suspension. ofthe elliployce. 4.. A. fourth violation may load to elliplo Yee tormirrati:01). Willful violations of safe work pradices may result in disciplinary action in accordance Wifl) Company policies, 10{4/2011 AGENDA REPORT DIOP TO: Karen P. Brust, City M:�a r FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Personal Services Agreements for Building Maintenance Services (Friess Company Builders, Inc. and Insley Construction, Inc,) RECOMMENDATION. By motion, 1. Approve the qualified contractors list for Building Maintenance Services (Friess Company Builders, Inc. and Insley Construction, Inc.); and, 2. Approve the Personal Services Agreements with Friess Company Builders, Inc. and Insley Construction, Inc. to provide Building [Maintenance Services City-wide for a three-year term, with three one-year optional extensions, subject to available funding in the operational budget; and, 3. Authorize the City Manager to execute the agreements. Su_mmary and Recommendation: The current agreement for building maintenance and repair services expires on December 31, 2011. The Public Works Department would like to establish a qualified list of contractors to provide maintenance and repair services for the City of San Juan Capistrano and requests that the City Council approve Personal Services Agreements with Friess Company Builders, Inc, and Insley Construction, `Inc. The term of the agreements is for three years (January 1, 2012 through December 31, 2014) with three (3) one-year optional extensions at the City's discretion and demonstration of superior performance. These agreements are subject to an annual "not to exceed" amount determined by funding availability in the City's approved operating budget. The City has a current agreement in place with Insley Construction, Inc, to provide building maintenance and repair services. This agreement will expire on December 31, 201.1, and has been in place since 2006. Staff issued a Request for Proposals (RFP) to 12 contractors and posted the RFP on the City's website. Response proposals were received from Friess Company Builders, Inc. and Insley Construction, Inc. Due to the fluctuating economic climate, staff has determined that it is in the best interest of the City to maintain a qualified list of contractors for building maintenance and repair Agenda Report Page 2 October 4, 2011 services rather than enter into ars agreement with just one firm. Since 2008, we have continually requested competitive pricing from our vendors. By having in-place agreements with more than one contractor for like services, we are able to insure "best pricing," as we allow them to compete against each other on an "as -needed" basis for City work. It also allows for flexibility during times of economic highs/laws, rather than locking in prices that may not be sustainable for either the City or a particular contractor. Staff can request quotes from each company and choose the lowest pricing among the pre -qualified contractors, therefore, achieving cost effective pricing for the City. Additionally, having a second pre -qualified contractor with agreements and insurances in place will allow the City to receive critical repair services on a timely basis if/when conflicts/emergencies arise that cannot be met by just one contractor, As shown on Attachment 3, lowest pricing varies by trade and timing of work (regular versus after hours). Based on the lower overall pricing submitted by Friess Company Builders, Inc., staff recommends utilizing this company for the majority of routine maintenance and repair services (electrical, plumbing, paint, general repairs, etc.), As appropriate, on larger more complicated projects (requiring more than one trade), staff will request quotes by project from both companies (Friess and Insley) to provide for best possible pricing for the City. The annual quantity of building maintenance work is dependent on the amount of available budget, as the City does not guarantee a specific amount of work year to year. The City's contractors are notified annually, after the budget adoption, of the amount of Banding that has been allocated for building maintenance services for the upcoming fiscal year. Personal Services Agreements for this type of work are subject to the State of California's Prevailing Wage Law requirement. This requirement typically increases the overall cost of construction work for public agencies when compared to private entities, as the contractor is required to pay his employees/sub-contractors the State determined prevailing wage, by trade. This requirement can increase labor on contracts upwards of 50%. Pricing submitted in the two proposals reflects an increase of 15% to 85% from 2006 pricing, depending on the trade. As a result of this requirement, the City will realize less maintenance and repair with the same budget dollar limit (Fiscal Year 2011/2012 has an adopted budget of approximately $160,000 for building maintenance and repair services). A comparison by trade for each proposer is shown in Attachment 3. Company Qualifications and Recommendations Staff performed due diligence on each of the proposer's references and is satisfied with each firm's ability to provide quality work and response to City's needs, Both companies are based in San Juan Capistrano and have solid reputations. The two proposers recommended to be added to the qualified contractors list for building maintenance services are: Agenda Report Page 3 October 4, 2011 Friess Company Builders,. Inc,, San Juan Capistrano, CA — Friess Company Builders, Inc. currently performs building maintenance for the City of Mission Viejo and the Boys & Girls Clubs of Capistrano Valley and Westminster. In the past, they have performed both construction and maintenance services for the City of Fullerton, as well as many other private entities. Insley Construction, Inc„ San Juan Capistrano, CA — Insley Construction, Inc. currently has an agreement in place with the City. They have performed work for the City since 1996 and are very familiar with the details and intricacies of our aging buildings as well as their historic character. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS - N/A FINANCIAL CONSIDERATIONS; Rather than a fixed dollar amount, there is a "shall not exceed the total amount in the City's adopted fiscal year operating budget for building maintenance services" clause included in Section 3.1 of the personal services agreements for each contractor. The current Fiscal Year 2011/2012 adopted budget for building maintenance services is approximately $160,000. NOTIFICATIONS: Friess Company Builders, Inc. Insley Construction, Inc, Agenda Report Page 4 RECOMMENDATION: By motion, October 4, 2011 1. Approve the qualified contractors fist for Building Maintenance Services (Friess Company Builders, Inc. and Insley Construction, Inc.); and, 2. Approve the Personal Services Agreements with Friess Company Builders, Inc. and Insley Construction, Inc, to provide Building. Maintenance Services City-wide for a three-year term, with three one-year optional extensions, subject to available funding in the operational budget; and, 3. Authorize the City Manager to execute the agreements. Respectfully submitted, !Nasser Abbaszadeh, PE Public Works Director Prepared by, Jill Thomas Senior Management Analyst Attachment(s): 9. Personal Services Agreement — C=riess Company Builders, Inc. 2. Personal Services Agreement — Insley Construction, Inc. 3. Building Maintenance Services Price Comparison by Trade PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of , 2011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Friess Company Builders, Inc. (hereinafter referred to as the "Contractor"), RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide building maintenance services; 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. Scol2e 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 January 1, 2012. This Agreement shall be for a (3) three-year period of time with the option of three (3) one-year extensions. Agreement extensions shall be based on staff review of the Contractor performance. Section 3. CompensatJon. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for building maintenance services, payable at the rates as set forth in Exhibit "B", attached and incorporated herein by reference, There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. 12 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 ATTACH MENTI 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 5. 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 neve 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 2 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. Section 9. Compliance with Law E -Ver! 9.1. Compliance with Lave. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contactor shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www,uscis.gov, or access the registration pane at https://e-verify.uscis,gov/enroll/. Contractor shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 19. 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. loot Applicable, Section 12. flat Applicable. Section 13. lndemnii . 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 3 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 bold 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 held 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 culled 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 Bating 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 farm 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 perforin services under this El Agreement, Contractor 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 anywork underthis Agreement, Contractorshall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice small 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 neat cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. 01 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-, Nasser Abbaszadeh To Contractor: Friess Company Builders, Inc. 32332 Camino Capistrano, Suite 102 San Juan Capistrano, CA 92675 Attn: Ken Friess 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 611 the laborers involved, and with California Labor Code Section 11770 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. 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] 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Maria Morris, City Clerk ' f�l Omar Sz6Awal, AttuJ—ey CITY OF SAN JUAN CAPISTRANO M Karen P. Brust, City Manager CONTRACTOR By, VA Work To Be Done Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify Building Maintenance Services in those areas designated by the Public Works Director or authorized representative and to leave the premises in a neat condition. The scope and type of the repair work may vary according to need. Work will be performed on a time and materials basis. The contractor will be required to provide a cost for each repair, based upon the labor rates for the job classifications provided in the Proposal and the costs for the materials required to accomplish the repair. The price to be paid for such material shall be based on an established catalog or list price in effect.when material is furnished. In some cases, the City may provide the materials to be used on a repair. The contractor shall furnish and maintain records designating locations, types, and quantities of the building repairs. Labor time sheets and materials receipts shall be provided for each repair. Such reports shall be signed by the contractor and the Public Works Director or authorized representative. All work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the City representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. This proposal covers Building Maintenance Services only. Building improvement projects shall be bid out separately. Authorization of Work Work will not be performed without prior approval and only as authorized by the Public Works Director or authorized representative. Pro rens of Vor Work shall proceed in an orderly manner, Wherever possible, repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the Public Works Director or authorized representative, Alterations The City reserves the right to increase or decrease the quantity of any itern or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City. The Public Works Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as f -nay be I V EXHIBIT A determined daring the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written order of the Public Works Director or authorized. representative, Contractor shall proceed with the work as increased, decreased or altered. Acte tante of tJi�ork Dane The Public Works Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. C as Contractor shall provide a billing form, to include hours of work by trade and materials listed separately, and progress payment farm approved by the Public'Works Director or authorized representative. All work shall be performed per the Standard Specifications for Public Works Construction (Green Book), Latest Edition. All work shall be performed per the Uniform Building Code (UBC), Latest Edition; National Electrical Cade (NEC), Latest Edition; and Uniform Plumbing Code (UPC), Latest Edition, and Americans with Disabilities Act (ADA). The Contractor shall perforin work under the requirements of the City of San duan Capistrano Municipal Code and the laws of the State of California. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following construction, until that time that the area is opened again to the public for their use. Rubbish and construction debris shall be disposed of to an approved dump site. After removal operations have been completed, the grounds shall be left in a neat and presentable condition, satisfactory to the Public Works Director or authorized representative, The Contractor shall verify the location of all utilities prier to construction, repair or maintenance, and shall be held liable for all damages incurred due to his operations. Per City Council Policy 601, an Archeological Monitor is required to be onsite during all excavations in excess of 18 inches. The Contractor shall provide traffic control per the Work Area Traffic Control Handbook (W.A,T,C.H. Manual), subject to approval by the Public Works Director or authorized representative. N,PDES Re Mations The Contractor shall comply with all City regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements and the City's Best Management Practices, ' Contractor shall riot discharge anything to the storm drain or creek. Contractor will contain any materials that rriay potentially reach a City storm drain. Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor will conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required training on stormwater regulations and the BMP's, and acknowledgement of adherence to these standards while performing work at the City. When saw cutting, all water and residue shall be detained and vacuumed 'prior to entrance into the storm drain. Vacuumed construction water shall be properly disposed of. The Contractor is subject to severe fines and penalties should he/she allow construction water to enter the storrn drain or creek system. During construction the Contractor shall provide street sweeping as necessary to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Elimination Systern Program (NPDES), Protection of Existin Utilities The Contractor must take all due precautionary measures to protect all of the existing utflities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one -call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hours notice. Such requests shciuld be requested through USA (1-800-422-4133). Contract Termination If at any time, in the opinion of the Public Works Director or authorized representative, Contractor fails to supply suitable equipment, an adequate working force, or material of, proper quality, or shall fail in a ' ny respect to perform any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him, Should the contractor neglect or refuse to provide r-neans for satisfactory Compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. N Extra Work 1. Extra work will not be performed without. prior approval by the Public Works Director or authorized representative unless a condition exists wherein it appears there is danger of injury to persons or damage to property. 2.Extra work may be required by the Public Works Director or authorized representative as a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. Payment for extra work will be based on actual cost of labor and materials shall be based on an established catalog or list price in effect when material is furnished. Extra services other than those listed shall be negotiated on a time and material basis with a "not to exceed' amount. 4, The Public Works Director or authorized representative is authorized to approve extra work up to 25 percent (25%) of the annual cost �of the agreement, or reduce the contract 'amount by up to 25 percent (25%) of the annual cost of this agreement. Elow and Acceptance of Water Surface or other waters may be encountered at various times. The Contractor, by submitting a proposal, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his proposal accordingly. It shall be the sale responsibility of the Contractor to protect their work from danger due to any waters encountered. Should any damage occur to the Work due to surface or other water, the Contractor shall repair such damage at their expense. Protection of Private Prgnprty The Contractor must remain within the maintenance areas to the best of his ability. The Contractor must protect all existing private property. Protection of Maintenance Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and In a presentable condition. All public or privately owned improvement's and facilities shall be restored to their original condition and fOcation. In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street,- way or parking area dur4ig performance of the contract work, and Contractor shall conduct his operations so as not to interfere with the authorized work Of utility companies or other agehoies in such streets, ways or parking areas, Weekly Reporting Contractor shall make weekly contact with the Public Works Director or authorized representative to determine work level and effort, as well as maintenance performance. Contractor shall provide the City with a weekly log sheet showing the names, dates, and hours worked of all employees for the previous week, on the following Monday. Withholding of Pgympn If, in the event that inadequacies1deficiencies are determined by the Public Works Director or authorized representative, the Contractor will have 24 hours from the time such items have been determined to be corrected as necessary. If Contractor fails to correct within 24 hours, Contractor shall be fined the amount previousiy determined at the time of the initial inspection. Deductions from the monthly payment due, for work not performed, will be based upon the bid worksheets, which are to be submitted at the time of bid. Meetings Contractors shall provide the Public Works Director or authorized representative with a contact pe ' rson(s) and a phone number to reach the contract representative at all times, 24 hours per day. Contractor shall appoint and identify to Public Works Director or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems1concerns which may arise and any goals for the day/week. I . . . . . . . . . . . . a) Work will ordinarily be performed between the hours of 7:00 AM and 5:00 PM, Monday through Friday. Work may be required at other than normal hours such as during emergencies, holidays, or weekends. The Contractor must receive the approval of the Director of Public Works or his/her authorized representative prior to commencing work during hours outside those stated above. b) Contractor shall maintain an adequate crew of at least two experienced employees to perform the service required. c) Contractor will be required to supply a list of equipment owned and available for work, d) Contractor will be required to supply a list of references for similar work performed, e) . , Contractor will be required to supply list of sub -contractors if applicable. Contractor may be required to supply additional experience references if requested by City. 9) Contractor shall Provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted .in the contract. .,h) 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 rights to enforce the same as against the Contractor. i) Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on some sites, and shall be included in quoted prices. Hourly rates for after hour work shall be for actual time spent on the job site. No travel time will be paid, k) The Proposal willbe - awarded based on an analysis of Proposal Prices; Statement of Experience, Statement of Equipment, List � of Sub- Contractors/Vendors and all provisions noted in the Instructions to Proposers and General Provisions and Specifications sections of the Specification Package. The City may award to one or more contractors as required to meet its needs, 1) At any time prior to Proposal date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. m) Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. n) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company or sub -contractor if applicable, o) All employees of Contractor shall wear an orange safety vest whenever working in City streets, or within 10 feet of City streets. p) Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. q) Contract Termination - If at any time, in the opinion of the Public Works Director, or authorized representative, the Contractor falls to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should he neglect or refuse to provide means or satisfactory compliance with the contract, as directed by the Public Works Director, or authorized representative, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. PER'50NNEL The contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this contract, (a) Contractor's Employees andlor their Sub -Contractors The Contractor agrees to require his/her employees and/or their sub -contractors to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing ' and deportment toward the public. Should for any reason an employee be Unsatisfactory in the opinion of the D I ublic Works Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory person(s). 2 (b) Laborer Attire The Contractor shall require each of his/her employees or their sub -contractor to adhere to basic standards of working attire. These are to include uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shifts shall be worn at all times, buttoned and tucked in. (c) Typical Tasks Contractor shall supply laborers with the skills to perform various semi -Skilled duties in connection with building maintenance services including operating a variety of hand and power tools; maintaining of public facilities, and operating light equipment. (d) Experience Supervisors/foreme'n shall have a minimum of five (5) years cf, experience in the building maintenance service field, (9) Licenses Conti -actor's employees will be required to possess a valid and current California Driver License, including all insurances as required by the City. Knowledge and Abilities The Contractor's employees shall have a general knowledge of the construction industry including suitable experience in the field to perform the required work in a safe and thoughtful manner, �QUIPFVIENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the work set forth in this contract. (a) Vehicles Contractor and/or their sub -contractors shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet during the course of their work. r� N Maintenance All equipment used by the Contractor shall be kept in a neat and clean appearance and maintained in top mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. The Contractor is required to supply storage for equipment that is used in the City. Equipment shall not be stored in the'public right of way or on any other City property without written authorization from the Public Works Director or authorized representative, . . . .... .. ...... .. .. The ,Contractor is required to supply storage for materials that are used in the City. Material shad not be stored in the public right of way or any other City property without written authorization frorn the Public Works Director or authorized representative. The contractor shall furnish all ' I material, including but not limited to equipment, etc,, necessary for the performance of the work set forth in this contract. The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the employees and their sub -contractors performing the work under contract. The field supervisor or their representative shall check with the Public Works Director or authorized representative weekly as to (1) schedule of work; (2) complaints, and (3) adequacy of performance, The. Contractor shall submit such reports as the City may require ensuring compliance with scheduled work, The Contractor's field supervisor shalf be onsite while work is in progress. M-11 The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the firstnurnber. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition which threatens to cause damage to any City property. In addition,' the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City working hours. Normal City working hours are 7.00 A.M. to 5:00 P.M., Monday through Friday, Contractor is required to maintain an office within the Orange County area. Contractor is further required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call -out by the Contractor shali not be more than two (2) hours and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God, The successful proposer is, required to provide the City with one (1) copy of an "Emergency Medical Facility Designation and Procedure Sheet" before a contract is awarded. On this sheet, the successful proposer must designate a twenty-four (24) Dour emergency medical facility to provide emergency medical treatment/care in the event of injury to any of the Contractor's employees, It will be the responsibility of the Contractor's supervisor/lead worker to transport or make arrangements for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility. I From., Friess Cora pqDy_Builders ]nc. CONTRACTOR To the Honorable City Council — City of San Juan Capistrano: The undersigned, as proposer, declares that he/she has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read -the Instructions to Proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the Contract Documents for the following: - Said unit pricing amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, materials and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. All prices quoted shall include removal and disposal of all material, such as sludge, grease, water, mud, roots, etc. from the project sites. All prices quoted above shall include traffic control if required by the City. If required, contractor will be required to pay for permits on City projects. Contractor may invoice City for reimbursement of actual permit fee(s) only. Unit pricing amounts shall remain in place for the three (3) . year term of agreement. It is anticipated that the chosen Proposer(s) shall commence work on October 1, 2011, (If an individual, so state). If a firm or co -partnership, state the -firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manger thereof.) Ken Friess, President/Manager Dated: Friess Company Builders, Inc. Name Dated: 32332 Camino Capistrano, -Suite 102, SJC, CA Business Address Dated: 949-487-9700 706656 Tel, Number CONTRACTOR LICENSE Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his/her knowledge and that they constitute his/her proposal for the work called out herein, Ken Friess, President/Manager 7 Dated: Friess Company Builders Inc Name Dated: 32332 Camino Capistrano, Suite 102, SIC CA CJ_; Business Address Dated: 949-487-9700 706656 Tel. Number CONTRACTOR LICENSE THIS PAGE TO BE COMPLETED BY. PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. KENNETH E. FRIESS FRIESS COMPANY BUILDERS, INC. Proposer's Name Company Name 2. 32332 CAMINO CAPISTRANO, SUITE 102. SAN JUAN CAPISTRANO CA 92675 Business Address 3, 949-487-9700 Business Telephone Number Name Address Phone Type of Work Starkey Plumbing, P.O. Box 4558, San Clemente, CA 92674, 949-492-8628 Oasis HVAC, Inc., P.O. Box 937, San Juan Bros Painting. 150-G Los Obreros, San Clemente, CA 92674, 949-689-5987, Paintindirect Car et 28211 Mar uer=te Parkv a Mission Vie'o CA 92692 g 1501, Floonno Matt Stan ley..Construcfion, 27141 Cordero, Mission Vleic, CA 92692, 949-636-7606, Welding rarnse Roofin .31131 Santa Mar arca ita PI, San Juan Cago CA 92675. 351-4447. Roofing Clearview Systems, Inc. 2748 Penasco, San Clemente, CA 92674, 949-498-5007, Storefront Glass Signature I Friess Com an Builders, Inc, Company I THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION, KENNETH E. FRIESS FRIESS COMPANY BUILDERS, INC. Proposer's Name Company Name 32332 CAMJNQ CAPISTRANO, SUITE 102NO, CA 92675 SAN JUAN CAPISTRA Business Address 949-487-9700 Business Telephone Number List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. 1998 GMC Stakebed (dram truck 1999 To ota Tactarna. 20Q5 Tea ota Tundra 2007 Ford F-150 Greenlee C40001b Cable Puller Greenlee 854 Electric Conduit Bender, Hepa Vaccum JEPA Certified , Eagle Power Water Extractor, Portable Generators, Power Washers, Einer enc Sum lFlaod burn s M ee Room Fans Jack Harnrraers. Portable Soil Corn actor VtlFaacker Aec Welder Rcallin ;cafloldin to 20 feet Ladders fa!pp & Extension , Airless Paint Sprayers, Traffic Barriers & Delineators, 1000 feet of 50AMP Cord and Spider Boxes&ommerclal Electric Graff Carts Am robe Electric ignature Friess Company Builders, Inc. Company THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. KENNETH E. FRIESS FRIESS COMPANY BUIL-DERS, INC. PROPOSER'S NAME COMPANY TAME 2. 32332 CAMINO CAPISTRANO, SUITE 102, SAN JUAN CAPISTRANO, CA 92675 BUSINESS ADDRESS 1 949-487-9700 BUSINESS TELEPHONE NUMBER BUSINESS E-MAIL ADDRESS 1, List at least six (6) Contracts of a similar type — either currently held or held within the past 24 months. 'PERIOD OF j I CONTACT NAME iCONTRACT ANDPHONE LFF�OWTO Ongoing CITYICOMPANY City of lilission viejoAvlaintmamg NUMBER CONTRACT AMOUNT Keith Rattay $116,000 to date Ongoing Work City Mission V:Iuju 949-470-3018 of Keith Rattayi $1 038,380 to date Since 1996 Construction klaanqement - 949-470-3018 2009-11:$176,877 3/10-5/11 City of mission I Vie in I I Keith Ratta y $29,975 �-----LP�qtov3lt2jC Installation Vfarjagawt 1949-470-3018 0—n cgo Since I Boys 130irfsClub of Capistrana-Val* James Littlejohn $252,475 to date 1999 rM6--:15r��-sent 14aintenEnce a Eoristructim Boys E Girlsub —ClWastfrfinstpr/ 949-240-7898 12009-11.$199 549 Ongoing of flairiena CA GIi r arp. Helen Ortega $88,720 to date 714-379-0097x 222 Sue Huffnagle ---r§�3:-6-3—,122 todateSince 1985 1 949-831-1040 '>AA - - ------------ Signature Friess Company Builders[no Company. . . .. . .......... . . THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. ,KENNETH E. FRIESS FRIESS COMPANY BUILDERS, INC. PROPOSER'S NAME COMPANY NAME 2. 32332 CAMINO CAPISTRANO, SUITE 102, SAN JUAN CAPISTRANO, CA 92675 BUSINESS ADDRESS 3. 949-487-9700 BUSINESS TELEPHONE NUMBER KEN,@..FRIESSCO.COM BUSINESS E-MAIL ADDRESS 1. List at least six (6) Contracts of a similar type — either currently held or held within the past 24 months, ........... PERIOD OF CONTACT AM-' F�CO-NT A 60—NTRACT AND PHONE FROM/TO —1/'3—O/—O9— ITYICOMPANY INUMBER CFO NTRACIT AMOUNT 10/1/09 —1 nv of Fu0prtan, American Pad Ems Thuy Nguye-n Buildio C g. MaIntanance/Eanstruction 714-738-6886 $129,032 0 Ongoing Since 2005 1 pac:fic prilpapties, Iron moiPitEnaRCR/f'OnstrMmn-- — I Tracy Hirchag - --I $1 date -i 0/09 11/09 —Oena -0428 # 2009-11: $685,888 — E�b� ff kint, ilufftop Bridge Al Jacobo, $24,245 1. Repair/Misc, Vaintenance 949-248-3555 8109 — Present 7110 — 2I11 San Juan Hills Calf Cafe 1' t4anagement, Roberto Brutocao 949-72449400 $285,475 ' 201011 $167,726 vnpny SJC Tom Cole1$9,125 kiisr-, Repa"Ps 949-661-0600 Signature Friess Company Builders, Inc. Company THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. KENNETH E. FRIESS FRIES$ COMPANY BUILDERS, INC. PROPOSER'S NAME COMPANY NAME 2. 32332 CAMINO DRESS CAPISTRANO SUITE 102 JUAN CAPISTRANO, CA 92675 BUSINESS AD 3. 949-487-9700 BUSINESS TELEPHONE NUMBER KEN(§FRIESSCO.COM BUSINESS E-MAIL ADDRESS OTHER EXPERIENCE: Friess Company Builders, Inc. holds the following Licensing Certifications: B General Building Contractor C-10 Electrical C-36 Plumbing C-33 Painting and Decorating HAZ Hazardous Substances Removal Projects for the City of San Juan Capistrano: 1. From approximately 1998 - 2001 Friess Company did building repair and maintenance on the City Hall including constructing a secondary conference room and office facilities on the east side. 2. Managed first phase of Little Hollywood Housing Rehabilitation and Modular Installations. 3. Surveyed and prepared repair reports on San Juan Capistrano Regional Library, Yorba House, Cogd'on House, Esslinger Building, Harmon House-, Signature Friess Com any Builders. Inc. Company RK no, I 0 cr- 0 00 0= El E E E Ecu mE Ecu a " L- - L- C) -0-5 o o 0� cj 1 -0) 1 ) I ---, I -, -i FRIEISS COMPANY3LI11,DER.5, INC. SAFETY PROGRAM 1. SAFETY PROGRAM OBJECUVES It is the C4�ynlpaliys objecliw to provide a saib and. hea"Ithful myrk t-111011.g1l the Prevention of Ocoupational injuries mid ilhicqs. Oarongoing cl icctivc for the Saf6ty Program is to roduec.111jurics and ifl1lc55 to a luiaimurnr jdcally ourgoal being ZERO accidents zind injuries, Our Safety Program. fincludm L Conducting a prograul'i of safety hispectious to raid and coo-roct unsa.fb workftig conditians or practices, Coll trolfing Ilcafth baznds mxl complying fully witl-t the, saky and ficalth stanclards, for cveiryjob. 2. Trai-nifig all. 6npl0yees in pod safety mid licalth practices. Providing, if nccesmy. pers-011al protectiVe equipment and instructions for its use and carc. 4. Providillig jaiechanical and phyqical saffttar ds to the imiximmu extcm t�cassible; 5, D�-veloping and onforcing safety ru1o5,rcqidring that our employces cooperate With rules as a conditim of ornployment. 6, Invostipfing, promr�qly and thoroughly, every accide,11t.[o find oat w1jat caused it and to correct the probkan,:o it won't happen ag)ain. o T Establishment f a sa.A-,ty practioes code for . all job.s. It, RE' SPONSIBILUIES & JNVOLVEMENT Wo.templize that the re5l)rylisibilii.y.foi:s;ifety and health is shared. Asyouremployer, WO auelyt the responsibility for lcadcr,hip of the safety program and for its effeo.ti . venoss anidinipm.ven.ient, aiid for providing the s-afeguards requimd to ensure safe, 6ondifims, OLw stipervisars and management pusollslof are responsible for &Vclopillg t-10 Proper atfiludes toward safety' mid are responsible f4i cnsurjug that all opo afions aro perfornicd with the utmost regard lJor ffic safety, of all personnol fiwolved. 1,11. 'EMPLOYEE COMPLIANCE As omployees, you rcspo.msiblc for ncoperating with all agpccIs of tpesafety ptogjAna, �,\40h. all rul,,mid rcguladens, and fic;r contlnu(iusly practicing safoty i&hilc perforu-ibg your duties, SAN RIM CAMSMANO; CALWORNIA 005 3 IV. COTMIMUNICATIONS Matters. Concenli ng occmpatiojufl sofety and health am to emplo-wes by written d0ousinentatiom Staffilloeffil"s, f . brinal and inforimif training and posting, Conu-nunivaim from employees Io supervisors and/oithe safety reprcsentative,,s abotA tulsafc or mille"11(hy c6nditions lsreqpired and i -nay bcvoi.,bal or writici,4 os the ennployoo Choose-, The vesuhs ofthe invest 't of any employee s45cty suggestio or rcport fAhazard will Ix,, distributed. toall emj)lbyees aMcted by the hazard or Aall be poste(f orappropriate bulletin bo-ards, Jr, WSPECTIONS Bach 'Supervisor "11IN01. s,afety representatiVe will ounduct an inspection. and/or investigation to idenfify misafe work condi.Gons and practICOS: I. Wcqkly in. all workamas; anl 2, Whenever u= substances, prom;ses, pmQdures or quipmen.t aru hi.troduced. into 4 -he workplao€, that represont a av�v occupational safbty and health. hazavd: I Whenvcr the is made aware ofa new or previously unrecognized li'lurd, 4, Periodic unannounced, site visits will. take place by thp, safety supervisor. VI, TRAMING Supervisors ave .responsible to sec %that tho5c mider (litir direotion receivte traiaing Oil general wore place, s0ety as well as specife histructions vvith regi vd to Wizards unique to any job assigimmit. VII. RE' COR-DEE!SPIN The koop records of inspections, hichidingy the name of the person(s) c;onduoOng the inspe�cfion, (tic un-bafe oonditlons, and work pt actives that have be,oIi identified and action taken to Coned the idetitified unsaflConditiom wl(l Tlmse records shall be mahltainA for three, (3) yons. ThL Suporintendent shall also kep do�,-um�nlafion of sa.myand heatth trai-nillgWcMded by each amployeci includbig Cyr ()tIIQI- identi-fv'r, uaining dates, type(s) of training and traillIng This domim.entation shtdi be, maintained Im threc. (3): Year& IL, " k � -4"; 5; COMPANYRUILDEPS, WC, To ensare the effective implenic"tati0j, offtr P"O&'rar", employees must widerstand the kljbvvillg: - No emivloyeo is expected to. undertake ajoh mitil he or sho has J'Ccei-ved ifi",tructibns Oil how: to parforill ,it property 4nd safely, aad is a-ut1forized to p�rfbm thoi6b, - No,mpl-oyce 8-ho:Lfld. Use ChenlicaN without ffilly midemanding their toxic propertits, alld Without the kiimvfedge req.aij��,d to work with thmi safAy. Wchaifical safvgLmrds muNI, ajNv.ays be in place and kept. in phice, Elllploye'-:'s mst rep oll to supervi�or or designated iiAlividtial af] uji',5afe cojj.cfftio,r� cncouj.itered dLIVijIg W -01k WItlj()Ljt f(,411'of �'Cpj'jsCj.j' Any work-relafed injui-y or illness must be reporled to your supci'visor immediateiy' En-iployees' dirties consist of [Ile rojjowjrjg. I . Wovk in 8 VIX'O mtmner by foflo�viiig safety r0es and in8trk"MiOhs, W 2. Be consideratc, of others iij 3. Report hazard.8 as weir by bri"94188afety ffialters, to theaticiation of their 4. Report to work rested and physically able to pterbbrm the, Nvmt k, 5. ImMediately mport to managernint nayand Ifl iiijul-jes y0a su 6. SUO.ort the safety effort by petforming [heir duties ill a saf' lualli-ter. employee partkipation and involvement ]aywtifying dejxirm�m ttha&Qe S 0 11 itll, r i writing oa�veibally fyf any helpflul sugges.L10119, r-ccommend . atiohsand observations reggarding safiety %vifliml Fear of ropriSal. YOUICsuggestion may be beneficial not OIAY to your departmunt, but also applioabfe throilg[laut tile entire Compally. Con-'Arucfive suggestions will int brought to the Safety Corn.rljfttoels Emplayees %V110 follo-w safe arldheal ft work praefices will have thiq fiact rocooDized and (loot imontod on thoir perforn.iance vANiews, v Management, Foreman and a0lilillister the Safdy Progrmi at al I. jjjjjes. .Altbough this company desires voluntary 000peratior, oil t1le part of its emplo-yetis, it also p recognizes the msibility ofnoncomplimc(� 1.11 such. oases, di6cipliflaryst,ops arc nce,-snc ry. Disc,! p I.ij ifivy njeasLircs art,c pj� arxd izrvOive fOLIr Stcq)s: .1, Shou Id a Safely and bealth violation be not. d, the stipervL�or is to informally discags t1he behavior with. the employou, giating the piatentiel &mgrous resujt and batflning tho corl-col: procedure, theii. retrMii the employee to 013sure 2. A sceon.d viohlfiol) will geiiein, to either a formal ved.md Nvarnhig or a wrine.11 to tj-,�C eniployee, dt�pondhig on the �;evority, 3; The third infraction rosvdtin a" fw-mal written "varning orsuspeii8jorl orjjja,, ojjjpjoy�-e 4, A f6tirth violation lri.aylead to employ -,e teq-111 jhatjon Willful violations of saR�xvork- practle.es ivayroskjR. i _ary 1jetiol3 ill Company policies, PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this _ day of , 2011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Insley Construction, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide building maintenance services; and, WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutuaily 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 January 1, 2012, This Agreement shall be for a (3) three-year period of time with the option of three (3) one-year extensions. Agreement extensions shall be based on staff review of the Contractor performance. Section 3. Coml2ensation. 3A Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for building maintenance services, payable at the rates as set forth in Exhibit "BH, attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. 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 ATTACHMENT 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 small keep complete and accurate records of all casts and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. InIndependent 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 inducernent 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 lawn, 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. 3y 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 K 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. Section 9. Compliance with Law; E-VerifV. 9.1 , Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E -Verify program within fifteen days of the . ................................................................................. . ........................................................................................................................................................................................................................................................ effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http,//www.uscis.gov, or access the registration page at https.://e-verifv. uscis,govfen roll/. Contractor shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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. Not Applicable. Section 12. Not Applicable. Section 13. Indemn! . 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 3 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 wide 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 asks 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 rd Agreement, Contractor 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, 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' wrifiten notice is given to City, except that tent (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, thea the agreement may be terminated subsequent to the ten (10) day cure period. 5 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: Nasser Abbasadeh To Contractor: Insley Construction, Inc. P.O, Box 543 San Juan Capistrano, CA 92693 Attn: Curt Insley 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 beeping of all records required by the provisions of Labor Code Section 1 776 and the implementing administrative regulations. The CITY small be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. Section 1 S. 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 PACE FOLLOWS] G IN WITNESS WHEREOF, the parties hereto have executed this Agreement, ATTEST_ Maria Morris, City Clerk APPROVED AS TO FORM, orna-r - nabv' Attordey CITY OF SAN JUAN CAPISTRANO M - Karen P. Brust, City Manager CONTRACTOR By: I Work To Be Done Work to be done. consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify Building Maintenance Services in those areas designated by the Public Works Director or authorized representative and to leave the premises in a neat condition. The scope and type of the repair work may vary according to need. Work will be performed on. a time and materials basis. Thecontractor will be required to provide a cost for each repair, based upon the labor rates for the job classifications provided in the Proposal and the costs for the materials required to accomplish the repair. The price to be paid for such material shall be based on an established catalog or list price in effect.when material is furnished. In some cases, the City may provide the rTiaterials to be used on a repair. The contractor shall furnish and maintain records designating locations, types, and quantities of the building repairs. Labor time sheets and materials receipts shall be provided for each repair. Such reports shall be signed by the contractor and the Public Works Director or authorized representative, All work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the City representative shall certify that the work has, been inspected and was completed to the satisfaction of the City prior to payment by the City. This proposal covers Building Maintenance Services only. Building improvement projects shall be bid out separately. Authorization of Work Work will not be performed without prior approval and only as authorized by the Public Works Director or authorized representative. Progress of Work Work shall proceed in an orderly manner, Wherever possible, repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the Public Works Director or authorized representative. Alterations The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City. The Public Works Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be EXHIBIT A determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract, Upon written order of the Public Works Director or authorized . representative, Contractor shall proceed with the work as increased, decreased or altered. Acceptance of Work Done The Public Works Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. Bi �I�fln Form Contractor shall provide a billing form, to include hours of work by trade and materials listed separately, and progress payment form approved by the Public Works Director or authorized representative. All work shall be performed per the Standard Specifications for Public Works Construction (Green Book), Latest Edition. All work shall be performed per the Uniform Building Code (UBC), Latest Edition; National Electrical Code (NEC), Latest Edition; and Uniform Plumbing Code (UPC), Latest Edition,, and Americans with Disabilities Act (ADA). The Contractor shall perform work under the requirements of the City of San Juan Capistrano Municipal Code and the laws of the State of California. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following construction, until that time that the area is opened again to the public for their use. Rubbish and constructloh debris shall be disposed of to an approved. dump site. After removal operations have been completed, the grounds shall be left in a neat and presentable condition, satisfactory to the Public Works Director or authorized representative, The Contractor shall verify the location of all utilities prior to construction, repair or maintenance, and shall be held liable for all damages incurred due to his operations. Per City Council Policy 601, an Archeological Monitor is required to be onsite during all excavations in excess of 18 inches, The Contractor shall provide traffic control per the Work Area Traffic Control Handbook (W.A.T.C.H. /Manual), subject to approval by the Public Works Director or authorized representative. The Contractor shall comply with all City regulations regarding NPDES (rational Pollution Discharge Elimination System) Requirements and the City's Best Management Practices. ' Contractor shall not discharge anything to the storm drain or creek. Contractor will contain any materials that may potentially reach a City storm drain. Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor will conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities .Contractor shall" provide to the City annually, by duly 1, with certification of the required training on stormwater regulations and the B/IP's, and acknowledgement of adherence to these standards while performing work at the City. When saw cutting, all water and residue shall be detained and vacuumed prior to entrance into the storrn drain. Vacuumed, construction water shall be properly disposed of. The Contractor is subject to severe fines and penalties should he/she allow construction water to enter the storm drain or creek system. During construction the Contractor shall provide street sweeping as necessary to meet the requirements of the City of San Juan Capistrano rational Pollution Discharge Elimination System Program (NPDES). Protection of Existing Utilities The Contractor must take all dine precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one -calf utility notification service provided by Underground Service Alert (DSA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hours notice. Such requests should be requested through IDSA (1-800-4224133), Contract Termination If at any time, in the opinion of the Public Works Director or authorized representative, Contractor fails to supply suitable equipment, an adequate working 'force, or material of proper quality, or shall fail in any respect to perform any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should the contractor neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Extra Work 1. Extra work will not be performed without prior approval by the Public Works Director or authorized representative unless a. condition exists wherein it appears there is danger of injury to persons or damage to property. 2. Extra work may be required by the Public Works Director or authorized representative as a result .of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. Payment for extra work will be based on actual cost of labor and materials shall. be based on an established catalog or list price in effect when material is furnished, Extra services other than those listed shall be negotiated on a time and material basis with a "not to exceed" amount. 4. The Public Works Director or authorized representative is authorized to approve extra work up to 25 percent (25%) of the annual cost of the agreement, or reduce the contract 'amount by up to 25 percent (25%) of the annual cost of this agreement. Flow and Acceptance of Water Surface or other waters may be encountered at various times. The Contractor, by submitting a proposal, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his proposal accordingly. It shall be the sole responsibility of the Contractor to protect their work from danger due to any waters encountered. Should any damage occur to the work due to surface or other water, the Contractor shall repair such damage at their expense. Protection of Private PMperty The Contractor must remain within the maint enance areas to the best of his ability. The Contractor must protect all existing private property. Protection of Maintenance Areas Contractor shall protect property and facilities adjacent to the ma ' intenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, way or parking area during performance of the contract work, and Contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. Weekly Reportin Contractor shall make weekly contact with the Public Works Director or authorized representative to determine work level and effort, as well as maintenance performance. Contractor shall provide the City with a weekly log sheet showing the names, dates, and hours worked of all employees for the previous week, on the following Monday. Withholding of Payment If, in the event that inadequacies/deficiencies are determined by the Public Works Director or authorized representative, the Contractor will have 24 hours from the time such items have been determined to be corrected as necessary, If Contractor fails to correct within 24 'hours, Contractor shall be fined the amount previously determined at the time of the initial inspection, Deductions from the monthly payment due, for work not per6med, will be based, upon the bid worksheets, which are to be submitted at the time of bid, Meetings Contractors shall provide the Public Works Director or authorized representative with a contact person(s) and a phone number to reach the contract representative presentative at all times, 24 hours per day. Contractor shall appoint and identify to Public Works Director or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns which may arise and any goals for the day/week, REQUIREMENTS a) Work will ordinarily be performed between the hours of 7:00 AM and 5:00 PM, Monday through Friday., Work may be required at other than normal hours such as during emergencies, holidays, or weekends. The Contractor must receive the approval of the Director of Public Works or his/her authorized representative prior to commencing work during hours outside those stated above. b) Contractor shall maintain an adequate crew of at least two experienced employees to perform the service required. c) Contract ' or will be required to supply a list of equipment owned and available for work, d) Contractor willbe required to supply a list of references for similar work performed. e) Contractor will be required to supply list of sub -contractors if applicable. Contractor may be required to supply additional experience references if requested by City. Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. h) 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 rights to enforce the same as against the Contractor. i) Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on some sites, and shall be included in quoted prices, j) Hourly rates for after hour work shall be for actual time spent an the job site. No travel time will be paid, k) The Proposal will be awarded based on an analysis of Proposal Prices; Statement of Experience, Statement of Equipment, List of Sub- ContractorsNendors and all provisions noted in the Instructions to Proposers and I General Provisions and Specifications sections of the Specification Package. The City may award to one or more contractors as required to meet its needs. 1) At any time prior to P ' roposal date, Contractor may inspeot City property for further information, if desired. City representatives will be available. if desired to answer questions. m) Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. n) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company or sub -contractor if applicable. o) All employees of Contractor shall wear an orange safety vest whenever working in City streets, or within 10 feet of City streets. p) Contractor must be able to provide a list of em'ployee's names, dates worked and Fours wo rked on each date if req u ested by the City, q) Contract Termination - If at any time, in the opinion of the Public Works Director, or authorized representative, the Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified . and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should he neglect or refuse to provide means or satisfactory compliance with the contract, as directed by the Public Works Director, or authorized representative, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract, The contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this contract. (a) Contractor's Employees andfor their Sub -Contractors The Contractor agrees to require his/her employees and/or their sub -contractors to present a neat appearance at ail times while engaged in the peirformance, of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the Public Works Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory person(s), (b) Laborer Attire The Contractor shall require each of his/her employees or their sub -contractor to adhere to basic standards of working attire. These 'are to include uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall. be worn at all times, buttoned and tucked in. (c) Typical Tasks Contractor shall supply laborers with the skills to perform various semi -skilled duties in connection with building maintenance services including operating a variety of hand and power tools', maintaining of public facilities, and operating light equipment. (d) Experience, Supervisors/foremen shall have a minimum of five (5) years of experience in the building maintenance service field. (e) Licenses Contractor's employees will be required to possess a valid and current California Driver License, including all insurances as required by the City. (f) Knowledge and Abilities The Contractors employees shall have a general knowledge of the construction industry including suitable experience in the field to perform the required work in a safe and thoughtful manner, EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the work set forth in this contract. (a) Vehicles Contractor and/or their sub -contractors shall display the name of their firm on any/all vehicles used or otherwise by the 'Contractor's employees, The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet during the course of their work, All equipment used by the Contractor shall be kept in a neat and clean appearance and maintained in top mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. The Contractor is, required to supply storage for equipment that is used in the City. Equipment shall not be stored in the public right of way or on any other City property without written authorization from the Public Works Director or authorized representative. 1; ON I I got 1.14 yff The Contractor is required to supply storage for materials that are used in the City. Material shall not be stored in the public right of way or any other City property without written authorization from the Public W&ks Director or authorized representative. The contractor shall furnish all material, including but not limited 'to equipment, etc., necessary for the performance of the work set forth in this contract. The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the employees and their sub-contractbrs performing the work under contract. The field supervisor or their representative shall "check with the Public Works Director or authorized representative weekly as t ' o (1) schedule of work; (2) complaints, and (3) adequacy of performance. The Cdntractor shall submit such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor shall be onsite while work is in progress. 0 LNFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided i in case no answer s received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition which threatens to cause damage to any City property, In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City working hours. Normal City working hours are 7:00 A.M. to 5:00 P.M., Monday through Friday, Contractor is required to maintain an office within the Orange County area. Contractor is further required to provide the City with a 24-hour emergency. number for contact outside normal working hours. The response to an emergency call -out by the Contractor shall not be more than two (2) hours and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God, EMERGENCY MEDICAL FACILITY The successful proposer is required to provide the City with one (1) copy of an "Emergency Medical Facility Designation and Procedure Sheet" before a contract is awarded. On this sheet, the successful proposer must designate a twenty-four (24) hour emergency medical facility to provide emergency medical treatment/care in the event of injury to any of the Contractor's employees. It will be the responsibility of the Contractor's supervisor/lead worker to transport or make arrangements for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility. 5 55�-W--- From, , 16.3 -ZAIr- CONTRACTOR To the.Honorable City Council -- City of San Juan Capistrano: The undersigned, as proposer, declares that he/she has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read the Instructions -to Proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the Contract Documents for the following: Said unit pricing amounts are to include and cover all taxes, the performing of all the labor requisite, or proper and the providing of all necessary machinery, tools, apparatus, materials and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. All prices quoted shall include removal and disposal of all material, such as sludge, grease, water, mud, roots, etc., fr6m the project sites. All prices quoted above shall include traffic, control if required by the City. If required, contractor will be required to pay for permits on City projects. Contractor may invoice City for reimbursement of actual permit fee(s) only. Unit pricing amounts shall remain in place for the three (3) year term of agreement. It is anticipated that the chosen Proposer(s) shall commence work on October 1, 2011. (if an individual, so state), If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof,) Dated: -6—)R 11 COA187-. Name Dated:_ 8— 1% F6, 90K Business Address C 9A. 4 9 Dated: 9— l8— It Tel. Number CONTRACTOR LICENSE Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his/her knowledge and that they constitute his/her proposal for the work called out herein, Dated; Name Dated: 9-119-11 ;2'6' Business Address Dated:a01- 9 60/00S. Tel Number CONTRACTORS LICENSE .2 EXHIBIT 13 THIS PAGE TO BE COMPLETED BY PROPOSER AND 1SUBMITTED TO ONT'Y AS PART OF QUOTATION. fi. o PROPOSER'S NAME COMPANY NAME 2. 6 . BUSINESS ADDRESS BUSINESS TELEPHONE NUMBER BUSINESS E-MAIL ADDRESS Y , List at least six (6) Contracts of a similar type r either currently held or held within the .past 24 months. PERIOD OF CONTACT NAME CONTRACT AND PHONE FRO-MM/To CITYICOMPANY NUMBER CO TRA T AMOUNT E I I i f 3 THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION, AJSIP-q COA-)37. -"rtvc Proposer's Name Company Name Business Address 7A9— Business Telephone Number List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary, A IJIC Compan/' LIST OF SUBCONTRACTORSNENDORS THIS PAGE TO COMPLETED by PROPOSER AND M TO CITY AS PART OF QUOTATION, 1. propor's Navas %s' Business 4, - 3. - is 'iepoe Number r p n Name Name Address o of York y ., .. :.� aga jv'a+✓4y J0 ¢ F �ej2 �py��y�'yyw ,qp yF y ., .. :.� aga jv'a+✓4y J0 ¢ 9V5 re-89m �ej2 �py��y�'yyw ,qp h LL. Lo 15 S Mlu 0 U3 LU CLLu .�. uj uj UlM LU LU LU tl v } 3 CL i cn 7 I I 0' w<q¢ �q 1 {{ E i S L j E 1 3 E E � B E Lo INSLEY CONSTRUCTION INC. HOLDS MONTHLY SAFETY MEETINGS WITH SUBCONTRACTORS.INVOLVED IN CITY PROJECTS AS THEY ARISE, INJURY AND ILLNESS PREVENTION IS DISCUSSED AT ANY AND ALL PROJECTS SMALL & LARGE PRIOR TO TBE COMMENCEMENT OF ANY AND ALL WORK WITH THE CITY OF SAN YUAN CAPISTRANO. DAILY SUPERVISION MONITORS SAFETY AWARENESS AT ALI., LEVELS OF CONSTRUCTION ON ALL CITY PROJECTS AS THEY OCCUR. LISTED BELOW HOSPITALS & CLINICS --- HOSPITALS: SAN CLMENTE HOSPITAL 654 CAN4TN'O DE LAS MARES 949496 1122 MISSION VIEJO HOSPITAL 31872 MEDICAL CENTER DRIVE MISSION VIEJ0,CA, 949 364 1400 URGENT CARE CLINICS: ROSS MEDICAL 32312 CAMINO CAP. SJC. 949 489 91 12 CURT L. INSLEY ? 00Cbo C OCOaOOLi C, 90010 C) _ !]J p�. �y, 0w ��„ c+Zo�.-rncarncao LO cti q 0 m F- t J . Z , d3 �rr�rr� 64 64 &9} LLI t> uj0uj .... ......... ._.._.,. z00 Lo Co �' fl e a j Z Is b�4 w FIs iU. j m vi Ix a a0Cr a a a Ce 0 CaC,90n 0 C? 0 0 I g ODmr-- X6 6 C') U' F -- r-- N>Ji€- � E I 9 6r9� LLJ I i LU 3� } _ L:ww ooaaoa at�ca uj ua U> (71 It) u> Ln IQ a ca o 05i 0 u i rn r i n t+ ac t� U�dk4(a6061* V� LLI 4 i + LU tA ti U) C Wf' t to W C) ua o in a c3 o Ln 0 cn 0 o o c? o a oZ = Q C W r 0) fR ff3 rn ff3 ODria 64 64 m �-.. 60. W 1Li LL F LLI LL �a to } (fl �o Gi r 00 LO W r-- j7]7] �� �� �h. � 1 V I t f I LU E I� �.. w CO : C�3 ul !zi 0 is Z. iV2, fJ _ E t c ri EQ CJ a- LLS U- U- U e' n E� E E E E e I ' ; Ci 3 0,, jj E E o E 3 3 ATTACHMENT 3 32400 PASEO AOELANTO SAN JUAN CAPISTRANO, CA 92575 (949) 493-1171 (949) 493.1053 PAX wtivw,.sanjuancapi strano. org TRANSMITTAL TO: Friess Company Builders, Inc. Attn: Kerr Friess 32332 Camino Capistrano, Suite 102 San Juan Capistrano, CA 92675 DATE: October 14, 2011 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR RE: Personal Services Agreement — Building Maintenance Services Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. This documentation must remain current with our office during the term of this agreement. Please be aware, our office needs to receive documentation of compliance related to contract terms under Section 9. Compliance with the Law; E -Verify. If you have questions related to F - Verify or insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Jill Thomas, Senior Management Analyst at (949) 443-6362. An original agreement is enclosed for your records. Cc: Jill Thomas, Senior Management Analyst San ,7uan Capistrano: Preserving the Past to Enhance the Future Chris Jski From: Christy Jakl Sent: Friday, October 14; 2011 10:39 AM To: Jill Thomas Cc: Lindsey Mannan Subject: Friess Company Builders Hi Jill, Please have Friess Company Builders provide auto liability insurance and e -verify for their contract approved at the 10/4 meeting. Let me know if you have any questions. Thank you! Christi RAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 l (949)493-1053 fax Christx Jaki From: Christy Jakl Sent: Friday, October 14, 2011 4:06 PM To: Jill Thomas Cc: Lindsey Mannan Subject: R: Friess Company Builders Attachments: 11-1004 Friess PSA.pdf Greetings! I received Friess Company Builders auto liability today and mailed out the contract They will still need to submit e -verify but have 16 days from the date of the contract. Attached is their executed agreement for your records. Let me know if you have any questions. Kindest Regards, C;l-irist-� J akI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax From: Christy Jakl Sent: Friday, October 14, 2011 10:39 AM To: Jill Thomas Cc: Lindsey Mannan Subject: Friess Company builders Hi .fill, Please have Friess Company Builders provide auto liability insurance and e -verify for their contract approved at the 10/4 meeting. Let me know if you have any questions. Thank you! Uirisl-� JAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 1 (949) 493-1053 fax