Loading...
13-0416_FRIESS COMPANY BUILDERS, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 16th day of April, 2013, 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 "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to modify the City Manager's office and adjacent space; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2013. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $11,700.00, as set forth in Exhibit "A," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant 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. available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 6. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed: Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant 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 Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, 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 Consultant 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. F Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. RESERVED. Section 12. RESERVED. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant'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 Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, 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. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. All�- 3 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant 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, Consultant 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 Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Priorto beginning anywork under this Agreement, Consultant shall submitthe insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insured as respects each of the following; Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. 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. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Maria Morris, City Clerk To Consultant: 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 all the laborers involved, and the 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. 5 e.FF:z"°F-!1r.....��M...c..w.:.�...�..».......,............-r,�r�4.4; ..>Ha .. Section 18. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 19. 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 20. 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] IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPR VED S TO FORM: Hans Van Le ity Attorney CITY OF SANNJ6CAI ISTRANO By: Karen . Brust, City ManagerjffJ CONSULTANT By: Cyril Ken Friess FR/ESS COMPANY 6IIILVERS. INC. Revised Proposal for Construction Services City of San Juan Capistrano April 16, 2013 Christy Jakl David Hubler City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Scope of work anal costs to provide silage modifications and some limited sound attenuation in the City Manager's office and adincent space To include creation of an opening of approximately 6 feet in width between the City Manager's office and adincent spaces. Note: Labor to be paid at Prevailing Wage. Cost 1. Create an opening of approximately 6' in width between City Manager's office and adjacent office. $ 1,680.00 2. Install sound board and drywall on three (3) walls shared by adjacent offices, to include area where door is to be removed. $ 2,250.00 3. Eliminate current door to City Manager's office and adjacent space. In fill space with insulation and cover with drywall. $ 380.00 4. Reconfigure electrical outlets, switching, and communications lines to accommodate office changes. $ 550.00 5. Install new solid core door at location to be determined in remodeling space. Door to match existing (including hardware) and to be ADA accessible. $ 950.00 6. Remove suspended ceiling in adjacent office. insulate ceiling space and install drywall. $ 1,600.00 7. Remove all existing base and install wood base. $ 350.00 8. Replace carpet throughout newly created space. $ 1,54Q.00 - (allowance) 9. Paint interiors of newly created space including new door. $ 1,450.00 10. Allowance for cost of City Permits (to be billed at actual cost). $ 950.00 Total: $11,700.00 Respectfully ubmitted, Ken Fne32 N.. ...102 SAN IUANCA1`67Mg .uurOPWA 92415 EXHIBIT nLEPHONE: 049 407 97M L EACSIMIL999 M4 13 WWWFRIUKO.CoM tlCtrvStAmin E w CKj O z v C C C_] z U C] L p � a c > a V O N o ccc d 7 I C m — c e % 3 v It nv CITY OF SAN JUAN CAPISTRANO µ DOCUMENT TRANSMITTAL FORM `o Ir% e1p1 This form is for the transmittal of documents for signature. •C'1GtFOAN�r (e.g. Agreements, Contracts, Deeds, Easements) Date: avterzata Agenda Item No. (ifApplicabls): We City Council, SJCHA or SACRA Meeting Date (h applicabley we Brier description of document and/or services provided: coy Meneaees once Maelaotlon Pega a Submitting Department: Staff Contact: eeaety Jawm.60 MOMS Please sign each original of the attached document, where indicated and circulate in the below route order as applicable (Please note the procurement limitations below). When the document is fully executed, the City Clerk will provide a signed copy to the submitting department and to the Financial Services Department (when applicable), and will mail a signed original to the contactor/consultant. Slept 0 Purchasing- For Procurement Contracts/Agreements (if applicable) $3,000 or less - (Department Heade Autlmriry-Nn Purchase Order Required -STOP- further rouWy nm necessary) 1 $3,001 - $10,000 - (Depanment Head'aAushonry/ $10,001 -$45,000-(Ciry Manaxe,,Authoriy) =S45,001 or over - (City CuuncdAppaor1Regdhd')*Dole or Council Approval: or Resolution No,:— =Public o.:=Public Contracts $45,000 or less -(dry Mmmger iAmhorly Required) =Public Contracts over $45,000-(Ciry Councll sAudrodry Required')'Deteof Council Approval: or Resolution. No.: Step 2 M Department Head Q Approved Not Approved (� Not Applicable Director's Initials/Dale Step 3 0 City Attorney Approved Not Approved Q Not Applicable City Attorney's Initials/Date Step 4 Q Finance =Funding Available Q No Funding Available =Budget Amendment Required Notes: Finance Initials/Date Step 5 A City Manager Approved Q Denied City Manager's Initial's/Date: Step 6 ❑E Insurance Requirements (if applicable) 'Mark the requirements included in the attached document. Commercial/General Liability © Additional Insured Endorsement ® Auto Liability © Worker's Compensation Professional/Errors and Omissions Not Applicable Public Works Contracts — Labor/Material & Performance Bonds Step 7 ❑ City Clerk (For Final Routing) = Approval Process Completed— Copy of Contract Transmittal Form with documents forwarded to FS Department or back to the originating department as appropriate. = Denied—Returned to submitting department. Please provide the following and return to the City Clerk's Office: City Clerk's hatial's/Date: Page] of 2 I. Contractor/Consultant Name: Fdess Construction Builders, Inc. 2. Business License*: Q Yes ❑ No License Number: 69832 Date of Expiration 12/31113 *!f work is performed in the City, a Business License is required 3. Contract Amount: $11,700.00 4. Budget Account Number: 01-10100-64115-00000-000 5. City Services and Facilities to be provided (If Applicable): n/a 6. is this a standard City contract? Q Yes ❑ No If no, explain: 7. Are two original contracts submitted?❑ Yes ❑ No If no, explain: 8. Contract Date: 04/16/13 Expiration Date: 06/30/13 9. Insurance Certificate ((applicable) attached: Yes ❑ No If no, explain: 10. Purchase (fapplicable) Requisition attached: Q Yes ❑ No If no, explain: 11. Bid Recap ('(applicable) attached: M Yes ❑ No If no, explain: 12. W-9 Form (if applicable) attached: ❑ Yes X No If no, explain: Not a new vendor 13. New Vendor Application Form (ifapplicable) attached: ❑ Yes W No If no, explain: Not a new vendor. 14. Does this document need to be recorded? ❑ Yes W No If Yes, please provide only one original copy. The Financial Services Department will issue a Purchase Order (PO) to the submitting department, once all of the information on this Contract Transmittal Form has been received by finance through the City Clerk's Office. Page 2 of 2