HomeMy WebLinkAboutC-4404(B) - MSA for As-needed Painting Servicesp AMENDMENT NO. ONE TO MAINTENANCE SERVICES AGREEMENT
WITH FOX PAINTING CONTRACTORS
FOR AS- NEEDED PAINTING SERVICES
THIS AMENDMENT NO. ONE TO MAINTENANCE SERVICES EMlT
c ( "Agreement') is made and entered into as of this aU day of
( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ( "City "), and TROY POURCHOT, a sole
proprietor, doing business as ( "DBA ") FOX PAINTING CONTRACTORS ( "Contractor"),
whose principal place of business is 2328 Centennial Way Corona, CA 92882 and is
made with reference to the following:
A. On November 1, 2011 City and Contractor entered into an Agreement
( "Agreement') for as- needed facility painting services ( "Prcject ").
B. City desires to enter into this Amendment No. One to increase the not to exceed
compensation amount (Amendment No. One ").
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
141011TINAMMIMN
Section 4.1 of the Agreement shall be amended to reflect an increase in the total
not to exceed compensation to One Hundred Twenty Thousand Dollars and 001100
($120,000.000).
2. INTEGRATED AGREEMENT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
FOX PAINTING CONTRACTORS Page 1
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO EY'S OFFICE
Date:
—
B
v
Aaron C. Harp
City Attorney
ATTEST: 2�, �3
Date: I ,
r
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: t�2-112ot�,
By:
Dave
City Manager
CONTRACTOR: Troy Pourchot, a sole
proprietor DBA Fox Painting Contractors
Date: j -� ✓�
By:
Troy Pouch t
Owner/So e Proprietor
[END OF SIGNATURES]
I wpd ocsW0291p006100061314. docx
FOX PAINTING CONTRACTORS Page 2
0
AGREEMENT FOR MAINTENANCE SERVICES
WITH FOX PAINTING CONTRACTORS
FOR AS- NEEDED PAINTING SERVICES
THIS AGREEMENT FOR MAINTENANCE SERVICES ("Agreement) is made
and entered Into as of this _1_ day of November, 2011 ("Commencement Datel by
and between the CITY OF NEWPORT BEACH, a Callfomia Municipal Corporation and
darter city ( "City°), and TROY POURCHOT, doing business as ("DW) FOX
PAINTING CONTRACTORS , a sole proprietor ( "Contractor"), whose principal place of
business Is 2328 Centennial Way, Corona, CA 92882 and is made with reference to the
followkg:
RECITALS
A. City Is a municipal corporation duly organized and validly existing under the laws
of the State of Califomla with the power to carry on Its business as it Is now being
conducted under the statutes of the State of California and the Charter of City.
B. City requires Citywide as- needed facility painting services.
C. City desires to engage Contractor to provide Citywide as- needed general
painting services. (`Projecr).
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and Is
familiar with all conditions relevant to the performance of services bnd has
committed to perform all work required for the price speciiled In this Agreement.
. NOW, THEREFORE, it Is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Commencement Date, and stall
terminate on October 31, 2013, unless terminated earlier as set forth herein.
2. SCOPE OF WORK
2.1. City and Contractor acknowledge that the above Recitals are true and
correct and are hereby Incorporated by reference. Contractor shall perform all the work
described in the Scope of Work attach hereto as Exhibit A and Incorporated herein by
this reference ('Services' or 'Work'). As a material Inducement to the City entering Into
this Agreement, Contractor represents and warrants that Contractor is a provider of first
class work and Contractor is experienced in performing the Work contemplated herein
and, In light of such status and experience, Contractor covenants that it shall follow the
highest professional standards In performing the Work required hereunder and that all
materials will be of good quality. For purposes of this Agreement, the phrase °highest
professional standards" shall mean thaw standards of practice recognized by one or
more first -class firms performing similar work under similar circumstances.
2.2. Contractor shall perform everything required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1. Upon verbal or written request from the Project Administrator (as defined
below in Section 5), Contractor stroll provide a letter proposal for Services requested by
the City (hereinafter referred to as the 'Letter Proposar� The Letter Proposal shall
include the following:
3.1.1. A detailed descdption of the Services to be provided;
3.1.2. The position of each person to be assigned to perform the
Services. and the name of the individuals to be assigned, If avallable;
3.1.3. The estimated number of hours and cost to complete the
Sen4Ces; and
3.1.4. The time needed to Mash the specMc Project.
3.2. No Services shall be provided until the Projed Administrator has provided
written acxeptance of the letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties In the approved Letter Proposal.
4. COMPENSATION
4.1. City shall pay Contractor for the Services on-a time and expense not4o-
exceed basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference. No
rate changes shall be made during the term of this Agreement without the prior written
approval of the City. Contractors total compensation for Services performed in
accordance with this Agreement, including all reimbursable items, shall not exceed
Forty Thousand Dollars and 001100 ($40,000.00) without written amendment to the
Agreement.
42. Contractor shag submit monthly invoices to City describing the Work
performed the preceding month. Contractors bills shall include the name of the person
and/or ciassgicatton of employee who performed the Work, a brief description of the
Services performed and/or the specific task from the Scope Services attached hereto
which it relates, the data the Services were performed, the number of hours spent on all
Work billed on an hourly basis, and a description of any reimbursable expenditures.
City shall pay Contractor no later than thirty (30) days after approval of the monthly
Invoice by City staff.
4.3. City shag reimburse Contractor only for those costs or expenses
speclflcaliy approved in the Scope of Services attached hereto. Unless otherwise
Fox Painting Contractors Page 2
.....................
approved, such costs shall be limited and Include nothing more than the actual costs
andlor other costs arWor payments specilically authorized In advance in writing and
Incurred by Contractor in the performance of this Agreement
4.4. . Contracts shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herehh, "Extra Work' means any work that Is
determined by the Project Administrator (as defined In Section 5 below) to be necessary
for the proper completion of the Project, but which is not Included witdn the Scope of
Work and WMc h the City and Contractor did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in accordance
with the Schedule of Billing Rates set forth in Exhibit S.
& ADMINISTRATION
This Agreement W11 be administered by the Municipal operations Department Jim
Auger, Operations Support. Superintendent, or hisftr designee shall be the Project
Administrator and shall have the authority to act for City under this Agreement -The
Project Adrrtnisirator or Mother authorized representative shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement
6. TYPE AND INSTALLATION OF MATERIAL SISTANDARD OF CARE
6.1. Cortactor shall use only the standard materials described in Exhibit A In
performing Services under this Agreement Any deviation from the materials described
in Exhibit A shall not be installed unless approved In advance by the Project
Administrator.
62. AN of the Services shall be performed by Contractor or under Contractors
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest professional standards. All Services shall be
Wormed by qualified and experienced personnel who are not employed by Cit16 nor
have any contractual relationship with City.
7. RE§PONSIBILffY FOR DAMAGES OR INJURY
7.1. City and all officers, employees and representatives thereof shall not be
responsible In any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractors performance of the Services required hereunder, or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or his workers, or anyone employed by either of them.
72. Contractor shall be responsible for any liability Imposed by law and for
k4uries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractors Woric on the Project, or the
Work of any subcontractor or supplier selected by the Contractor.
7.3. To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, Its City Council, boards and commissions, officers, agents,
Fox Painting Contractors Page 3
volunteers, and employees (collectively, the "Indemnftd Parties") from and against any
and all claims (Including, ing, without limitation, claims for bodily Injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
Judgments, firms, penalties, liabllitles, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every MM and nature whatsoever
(indWduaDy, a Claim; collectively, 'Chalms7, which may arise from. or In any manner
relate (directly or Indirectly) to any breach of the temps and conditions of this
Agreement, any Work performed or Services provided under this Agreement Including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and/or willful ads, errors
and/or omissions of Contractor, its principals, officers, agents, employees, vendors.
suppliers, consultants, subcontractors, anyone employed directly or Indirectly by any of
them or for whose ads they may be liable or any or all of them).
7.4. Notwfih>standIng the foregoing, nothing herein shall be construed to
require Contractor to Indemnify the Indemnified Parties from any Claim arising from the
solo negligence or wilifit misconduct of the Indemnified Parties. Nothing in this
Indemnity shall be Construed as authorizing any award of attorney's fees In any action
on or tD enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any Insurance poltdes'are applicable. The poky
Dmlts do not ad as a Ilmitation upon the amourt of Indemnification to be provided by the
Consultant.
7.5. Contractor shalt perform all Project Work in a manner to minimize pubic
Inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property.. Contractor shall be liable for any private or-public property damaged during
the perfomnanoe of the Project Work.
7.8: To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
rebb0d by It until disposition has been made of such suits or claims for damages as
aforesaid.
7.7. The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an Independent.contrador and neither Contractor nor its
employees are to be considered employees of the City. The manner and means of
conducting the Work are wider the control of Contractor, except to the extent they are
limited by statute. rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the teens of this Agreement.
Anything in this Agreement that may appear to give City the .right to direct Contractor as
to the details of the performance or to exercise a measure of control over Contractor
Fox Painting Contractors Page 4
shall mean only that Contractor shall follow the desires of City with respect to the results
of the Services.
9. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agendas that may have jurlsdldion or Interest in the Work
to be performed. City agrees to cooperate with the Contractor on the Project
10. INSURANCE
10.1. mout iimiting Contractors indemnification of City, and prior to
ant of Work. Contractor shall obtain, provide and maintain at Its own
expense during the term of this Agreement, policies of Insurance of the type and
amounts described below and In a form satisfactory to City. The cost of such Insurance
shall be included In Contractors bid.
�"7 M JMTL14 -:, =iii
10.21. Workers! Compensation. Contrador shall maintain Workers'
Compensation Insurance providing statutory beneft and employers liability Insurance
with Ihr Its of at least one million dollars ($1,000,000) each type for Contractors
employees In accordance with the laws of the State of California, Section 3700 of the
Labor Code. in addition, Contractor shall require each subcontractor to similarly
maintain Workers' Compensation Insurance and Employers Uabitfty Insurance in
accordance with the laws of the State of Caffomia, Section 3700 for all of the
srboord actors employees. The insurer issuing the Workers' Compensation Insurance
shall amend its policy by endmement to waive all rights of subrogation against City, Its
elected or appointed officers, agents, officials, employees and volunteers. Contractor
shall submit to C144 along with the required certificate of Insurance, a copy of such
walver of subrogation endorsement
1022 General Loblilty. Contractor shall maintain commercial general
liability insurance In an amount not less than one million collars ($1,000,000) per
occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars,
($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal
Injury, and property damage, Including without limitation, blanket contractual #ability.
Coverage shall be at least as broad as that provided by insurance Services Office form
CG 00 01. None of the policies required herein shall be in compliance with these
requirements If they Inckxie any limiting endorsement that has riot been first submitted
to City and approved in writing.
10.2.3. Automobile Llabiltty. Contractor shall maintain automobile
Insurance covering bodily i" and property damage for all activities of the Contractor
arising out of or in connection with Work-to be performed under this Agreement;
Including coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit for each accident.
Fox Painting Contractors P900 5 - --
10.2.4. Builders Risk. For Agreements or Contracts with
Oonstructionffluilders task properly exposures. Contractor shall maintain Builders Risk
Insurance or an Installation floater as directed by City, covering damages to the Work
for "all risk" or special form causes of loss with limits equal to one hundred peroent
(10096) of the completed value of contract, with coverage to continue until final
acceptance of the Work by City. At She discretion of City, the requirement for such
coverage may include additional protection for Earthquake and/or Flood. City shall be
included as an Insured on such policy, and Contractor shall provide the City with a copy
of the poky.
1 X11 Lc L .i G_G•` r.L' 1�,.;!�1C • i =' LLEtL¢.l
10.8.1. Evidence of Insurance. Contractor sihail provide certificates of
insurance to City as evidence of the Insurance coverage required herein, along wth a
waiver of subrogation endorsement for workers' compensation and an additional
Insured endorsement for general liability. Insurance certificates and endorsements
must be approved by qty's Risk Manager prior to commencement of peffofmafce or
issuance of any permit. Current evidence of insurance shall be kept on file with City at
all times dung the term of this dement. All of the executed documents referenced in
this Agreement must be returned within ten (10) working days after the date on the
Notification of Award." so that the City may review and approve all Insurance and bond
documentatlDm City reserves the right. to require complete, certified copies of all
required insurance pokles, at any tine.
10.8.2. General Ilabifty Insurance movisions. Primary and excess or.
umbrella Rabiity policies are to contain, or be endorsed to ccttak% the following
provisions:
10.8.2.1. City, its elected or appointed officers, agents,
oftidals, employees, and volunteers are to be covered as additional Insureds as
respects: liability arising out of activities performed by or on behalf of Contractor,
Including the Insufaes general supervision of Contractor, products and completed
operations of Contractor, premises owned, occupied or used by Contractor. The
coverage shall contain no special limitations on the scope of protection afforded to qty,
Its elected or appointed officers, officials, employees, agents or volunteers. Contractor
shall submit to City a copy of the additional Insured endorsement along with the
required certificates of Insurance.
10.&2.2. Contractors Insurance coverage shall be
Primary insurance and /or primary source of recovery as respects qty, Its elected or
appointed officers, agents, officials, employees and volunteers as respects to all dalms,
losses, or liability arisI g directly or indirectly from the Contractors operations or
services provided to the City. Any Insurance or self- insuranoe maintained by City, its
officers, officials, employees and volunteers shall be excess of the Contractors
Insurance and shall not contribute with ft.
Fox Painting Contractors Page 6
10.8.2.3. Contractor's insurance shag apply separately to
each insured against whom claim Is made or suit Is brought, except with respect to the
limits of the insurer's liability.
10.4. Ac pfffth a Insur-en; . Insurance pggcles shall be Issued by an
insurance company currently authorbmd by the Insurance Commissioner to transact
business of Insurance In the State of California, with an assigned poggftlders' Rating
of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the
West edition of Bests Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
10.5. Notice of Cancellation. Contractor agrees to oblige its insurance broker
and Insurers to provide to City with. 30 days notice of cancellation (except for
nonpayment for which 10 days notice Is required) or nonrenewal of coverage for each
required coverage except for builder's risk Insurance. The builder's risk policy will
contain or be endorsed to contain a provision providing for 30 days written notice to City
of canoellaoDn or ronrenewal, except for nonpayment for which 10 days notice Is
required.
10.6, Self - Insured Mentions. Contractor agrees not to seit-Insure or to use any
8W4nsured retentions on any portion of the Insurance required herein and further
agrees that it wig not albvrr any Indemnifying part y to self -Insure its obligations to City. if
contractors existing coverage Includes a self - Insured retention, the self- Insured
retention must be declared to City. City may review options with the contractor, which
may Include reduction or elimination of the sa4nsured retention, substitution of other
coverage; or other solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
10.7. Timely Notice of Claims. Contractor shag give City prompt and timely
notice of any claim made or suit instituted arising out of or resulting from Contractor's
performance under this agreement.
10,8. Wahm, All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against City, its elected or appolnted
officers, agents, officials, .employees and volunteers, or shall specificaliy allow
Contractor or others providing insurance evidence In compliance with these
requirements to waive their right of recovery prior to a loss. Contractor hereby waives its
own right of recovery against City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
10.9. EnIbmament of Contract Provisions. Contractor acknowledges .and
agrees that any actual or alleged failure on the part of the City to Inform Contractor of
non-compliance with any requirement Imposes no additional obligations on the City nor
does it waive any rights hereunder.
10.10. Reaulrements not Limith -0. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature Is for purposes of clarification only as It
Fox Painting Contractors Page 7
pmtalns to a given issue and is not Intended by any party or Insured to be ag inclusive,
or to the exclusion of other coverage, or a waiver of any type.
10.11..Citv's Remedies. City shall have the right to order the Contractor to stop
.Work under this Agreement and/or withhold any paymert(s) that become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements
of this article. In the allemadve. City may purchase the required coverage and charge
Contractor the cost of the prendums or deduct the cost from Contractor's payments.
10.12. Coverege not i.imited. All Insurance coverage and limits provided by
contractor and. available or applicable to this agreement are intended to apply to the full
extent of the policies. Nothing contained In this -agreement or any other agreement
relating to the city or its operations knits the application of such insurance coverage.
10.13. Coverage Renewal Contractor Yip renew the coverage required here
annually as long as Contractor continues to provide any Services under this or any
Other contract or agreement with the City. Contractor shall provide proof that polder of
Insurance required herein expiring during the term of this Agreement have been
renewed or replaced with other policies provkgng at least the same coverage. Proof that
such coverage has been ordered shall be submitted prior to w#ratlon. A coverage
binder or tatter from Contractor's insurance agent to this effect is. acceptable. A
cer0cate of insurance' andlor additional Insured endorsement as requled In these
specifications applicable to the renewing or new overage must be provided to City
within five days of the expiration of the coverages.
11. Std
City and Contractor agree that subcontractors may be used to complete the Worts
outlined M the Scope of Work provided the Contractor obtains City approval pry to the
subcontractor performing any work. Contractor shall be fully responsible to City for all
acts and omissions of the subcontractors. Nothing in this Agreement shag create any
contractual relationship between City and subcontractor nor shag it create any obligation
on the part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law.
12. VMHOLDiNGS
City may withhold payment to Contractor of any disputed sums urdg safisfectton of the
dispute with respect to such payment. Such withholding shag not be deemed to
constitute a fallure to pay according to the term of this Agreement. Contractor shag not
discontinue Work as a result of such withholding. Contractor shall have an Immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive Interest on any withheld sums at the rate of
return that City earned on its Investments during the time period, from the date of
withholding of any amounts found to have been Improperly withheld.
Fox Painting Contractors Page 8
13. CONFLICTS OF INTEREST
13.1. The Contractor or Its employees may be subject to the provisions of the
California PoRtIcal Reform Act of 1974 (the -Act"). which (1) requires such persons to
disclose any financial Interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from maldng, or
participating In making. decisions that Will foreseeably financially affect such Interest.
132- If subject to the Act, Contractor shag conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
ternhnation,of this Agreement.by City. Contractor shag Indemnify and hold harmless
City for any and all dims for damages resulting from Contractor's violation of this
Section.
14. NOTICES
14.1. Aft notices, demands, requests or approvals to be given under the terms of
this Agreement shalt be given In writing, to City by Contractor and conclusively shag be
deemed served when delivered personally, or on the third business day after the
deposit thereof In the United States mail, postage prepaid. fitst lass mall, addressed as
hereinafter provided. Ali notices. demands, requests or approvals from Contractor to
City shag" be addressed to City at
Attn: Operations Support Superintendent
Municipal Operations Department
City of Newport Beach
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Phone: 949- 718 -3477
Email: JAuger @newporftadm.gov
14.2. Ali notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at
Attn: Troy Pourchot
Fox Painting Contractors
2328 Centennial Way
Corona, CA 92882
Phone: 949 - 922 -9027
Email: TroyPoumhot@sbcglabal.net
15. NOTICE OF CLAIMS
15.1. Unless a shorter time Is specified elsewhere in this Contract, before
making Rs final request for payment under the Contract, Contractor shall submit to City.
In writing, all claims for compensation under or arising out of this Contract Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Contract except time previously made in writing and
Fox Painting Contractors Page 9
Identified by Contractor In writing as unsettled at the time of Its final request for
payment The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth In the Contract and Contrail Documents, the Contractor shall be
required to file any claim the Contractor may have against the City In strict conformance
with the Tort Claims Act (Govt Code §§ 900 et seq.).
16. TERMINATION
16.1. In the event that either party fails or refuses to perform any of the
provisions of this /agreement at the time and In the manner required, that party shall be
deemed in default in the performance of this Agreement. if such default is not aced
within a period of two (2) calendar days, or if more than two -(2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, the non-defaulting party may terminate the Agreement forthwith by giving
to the defaulting party written notice thereof.
162. Notwithstanding the above provisions, City shall have the right, at Its sob
discretion and without cause, of terminating this Agreement at any time by 9MM seven
(7) calendar days prior written notice to Contractor. In the event of tenntrotton under
this Section, City shall pay Contractor for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Contractor has not been
previously paid. On the effective date of tenninati m, Contrador shall deliver to City all
materials purchased in performance of this Agreement
17. STANDARD PROVISIONS
17.1. 9 O-em with all Laws. Contractor shag at Its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, Including federal, state, county or municipal, whether now in force or hereinafter
enacted.
172. Waives. A waiver by City of any term,. covenant, or condition in the
Contract shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covariant or condition. .
17.8. Integrated Contract. This Contract represents the fug and compote
understanding of every kind or.nature whatsoever between the parties hereto, and all
preliminary negotiations and Contracts of whatsoever kind or nature are merged herein.
No verbal Contract or implied covenant shall be hell to vary the pr?Asions herein.
17.4. Conflicts or Inconsistencies. In the event there are any coracts or
Inconsistencies between this Contract and the Exhibits attached hereto, the terns of
this Contract shall govern.
17.5. Amendments. This Contract may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
Fox Painting Contractors Page 10
17.8. Mbd of Contractors Execution. Execution of this Contract by Contractor
Is a representation that Contractor has visited the Project Site, has become familiar with
the local conditions under which the Work is to be performed, and has taken Into
consideration these factors in submitting its Project Proposal and Scope of Work.
17.7. Cwn lno Law and Venue The laws of the State of C HIbrrda shall
govem this Contract and all matters relating to ti acid any action brought relating to this
Contract shall be adjudicated In a court of competent jurisdiction in the County of
Orange.
17.8. ggual Opportunity Enplovmerrt..Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race. religion, coipr, national origin. handicap.
ancestry. am or age.
17.9. huts pli fi ton. The terms of this Agreement shall be construed In
accordance with the meaning of the language used and shall not be construed for or
against etlher party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
17.10. SeverabllRy. If any term or portion of this Agreement Is held to be Invalid,
Illegal, or otherwise untenforceable by a court of competent jurisdiction, the remaining
Provisions of this Agreement shall continue In full force and effect.
17.11. hlo Aftm;Ws Fees. in the event of any dispute or legal action arising
under Oils Agreement, the prevailing party shall not be entitled to attorney's fees.
17.12. CmAmparts. This Agreement may be executed in two or more
counterparts, each of which shag be deemed an original and all of which together shall
constitute one and the same Instrument.
Fox Painting Contractors Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date:
Leonie Mulvihill
Assistant City Attorney
ATTEST: I
Date:
-31
CITY OF NEWPORT BEACH,
A California Tnicirl corporation
Date:
Mark Harmon V
Municipal Operations Director
CONSULTANT:TROY POURCHOT, doing
business as DBA FOX PAINTING
CONTRACTORS, a sole proprietor
Date:
By:
Troy Por hot
Owner
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Work/ Schedule
Exhibit B - Schedule of Billing Rates
Fox Painting Contractors Page 12
EXHIBIT A
SCOPE Of SERVICES: PAINTING SERVICES
Provide the supervision, equipment, tools, labor, and materials, to provide as- needed painting
services for Qty facilities and sites, Including but not limited to: painting buildings, walls,
railings, ceilings, docks, benches, and parking garages; treating of railings, and coating of floors.
Upon verbal or written request from the Project Administrator, the contractors shall submit bid
proposals for services'requested by the City (hereinafter referred to as the "Letter Proposal").
The Letter Proposal shall include the following:
• A detailed description of the services to be provided;
• The position of each person to be assigned to perform the services, and the
name of the Individuals to be assigned, if available;
• The estimated number of hours and cost to complete the services;
• The time needed to finish the project
• No services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal, once authorized to proceed,
Contractor shall diligently perform the duties in the approved Proposal
A- 11Page
EXHIBIT B
SCHEDULE OF BILLING RATES
I. Attsr Hans Rate and Emergency Haug+ Rate shag be any time outside of the normal
bushress haul of Monday — Friday. M am — 5:00 pm.
2. Nonce Is itre amouM of thne the cordroctor needs to report to the job sge after the WWI
request by the SupednWndenL
B-1 lPage
Haniy Rate
After Hours
Rate
Minimum BlkW
Hours
Notice
GOMW Pahft
$33.00
$33.00
0
Ohre
I. Attsr Hans Rate and Emergency Haug+ Rate shag be any time outside of the normal
bushress haul of Monday — Friday. M am — 5:00 pm.
2. Nonce Is itre amouM of thne the cordroctor needs to report to the job sge after the WWI
request by the SupednWndenL
B-1 lPage