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04-0316_ARCHITECT MILFORD WAYNE DONALSON, FAIA_Personal Services Agreement0 a PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this qayof _ 2004, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Architect Milford Wayne Donaldson, FAIA, Inc. (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal for Architectural Services for Rehabilitation of the Harrison House and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in the Architect Milford Wayne Donaldson, FAIA, Inc. letter dated February 19, 2004, attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than July 1, 2004. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Eight Thousand Three Hundred and Ninety Six dollars ($8396.00), as set forth in Architect Milford Wayne Donaldson, FAIA, Inc. letter dated February 19, 2004, attached and incorporated herein by reference. P:\Planning\Erin\SJC_Proiects\Harrison House\MWD_agreementlharrison_022404.wpd 3/17/04 SD 0 0 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Architect Milford Wayne Donaldson, FAIA, Inc. dated February 19, 2004, attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. P:\Planning\Erin\SJC_Projects\Harrison House\MWD_agreemer,2-hanison_022404.wpd 2/24/04 0 0 Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this 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 Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall complywith all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. P:\Planning\Erin\SJC_Projects\Harrison House\MW D_agreemeni%arrison_022404.wpd 2/24/04 0 0 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses ordamages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: P:\Planning\Erin\SJC_Projects\Harrison House\MWD_agmemeffi4arrison_022404.wpd 2/24/04 0 0 $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughoutthe term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Term!nation of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until afterthirty (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. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. P:\Planning\Erin\SJC_Projects\Harrison House\MWD_ agreemenl5harrison_022404mpd 2/24/04 9 0 Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Engineering & Building To Consultant: Architect Milford Wayne Donaldson, FAIA, Inc. 530 Sixth Avenue San Diego, Ca 92101 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Aareement. PAPlanning\Erin\SJC_Projects\Harrison House\MWD_agreemen&arrison_022404.wpd 2/24/04 This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Qt Dave F. Adams, City Manager CONS By: Milford Wayne Don Idson, FAIA President ATTEST: R. Monahan, City Clerk D AS TO FORM: John R. haw, City Attorney P:\Planning\Erin\SJC_Projects\Harrison House\MWD_agreemerrt7har0son_022404.wpd 2/24/04 February 19, 2004 MILFORD WAYNE DONALDSON A R C H I T E CT 5 1 0 S I A T H A V E N O E iAN DECO CA 92101-7010 HISTORIC GASLAMP QUARTER City of San Juan Capistrano Planning Department 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attention: Erin Gettis, Historic Preservation Manager Subject: Harrison House Repair Proposal for Professional Services Dear Ms. Gettis: The office of Architect Milford Wayne Donaldson, FAIA is pleased to submit the following Proposal for Professional Services to develop the construction documents necessary to perform the required maintenance work and repairs at the Harrison House. The following scope of work is based on the documents prepared by yourself and Friess Company Builders, as well as the site visit conducted on January 30, 2004. The estimated total fixed fee for professional architectural services as described in this proposal is Eight Thousand Three Hundred Ninety Six Dollars ($8,396). If you should require more information please call the Project Manager Melanie Como at (619) 239- 7888. Thank you. Singel ..w.., urw+1F. Milford Wayne Donaldson, FAIR President C20193 Enclosure [El i PHUTll_I-'-'i P7WIl—,Alts HNIWD.COM FACSIMILE: (619) 234-6796 Ms. Erin Gettis Harrison House Repair San Juan Capistrano February 19, 2004 Page 2 1. SCOPE OF SERVICES The historic Harrison House is a one-story wood framed structure with a hip roof. Major repairs and modifications were performed in 1979 which included seismic bracing of the roof structure, installation of a ridgeline skylight, and removal of the original tongue and groove ceiling. More recently, the south side of the house received a new concrete stair and improvements to the basement access. Overall, the house appears to be in good condition though no destructive testing has been performed. Based upon preliminary site investigations performed by Friess Company Builders, Ms. Gettis, and Melanie Como of Architect Milford Wayne Donaldson, FAIA the construction documents will address the following items: A. SITE WORK: 1. Remove soil at the building perimeter to create 6" of clearance between the bottom edge of the siding and the ground. 2. Earth to wood contact at the northeast corner of the building: a. Remove dirt build-up at comer of the porch to allow for an 18-24 inch separation between the porch siding and the planting berm to the northeast. b. Create a curb and berm retention system close to plantings to prevent further dirt build- up at porch corner. c. At connection between concrete ramp and wood porch, install a separation to prevent further dryrot. Eliminate any earth -to -wood contact at the northeast porch post. 3. Create positive drainage around building by sloping ground away from building to a new river -rock lined surface drain. New drain should take advantage of the site= 6s existing slope which drains to the southwest corner of the site and the existing drainage path at the drip line. 4. Remove concrete slab along south side of building. Consideration should be given to salvaging the concrete for reuse on the berm at the northeast corner of the building. 5. Relocate shrubs and/or trees at southeast corner of building to alleviate interference with plumbing. B. STRUCTURAL 1. Porch Structure: a. Replace deteriorated porch posts (approximately 3) that show visible signs of rot. b. Replace stem wall posts under porch at same locations, if necessary. c. Replace deteriorated porch wood decking around deteriorated posts. 0 Ms. Erin Gettis Harrison House Repair San Juan Capistrano February 19, 2004 Page 3 0 2. Foundation a. Remove ground around wood posts to prevent earth -to -wood contact. b. Install concrete footing under post at northwest comer of porch to prevent further earth -to -wood contact. Replace wood post if dryrot has damaged structural integrity. 3. Roof/Ceiling Structure a. Rework roof structural post and beams at northwest corner of building to alleviate misplaced stress on ceiling joists. b. Reinforce ceiling structure to allow for new tongue and groove ceiling installation. C. EXTERIOR IMPROVEMENTS 1. Roof a. Specify gently cleaning procedure for roof shingles. b. Remove existing non -historic skylight. Replace roof decking, insulation, and shingles to match existing roof. c. Install flashing around existing roof penetrations including chimney. 2. Secure all loose siding, replace badly deteriorated boards, reset "nail pops." 3. Prep and repaint all exterior finished wood including siding, trim, posts, decking, and railing. Provide paint spec. 4. Replace broken window glazing in living room (1 location). 5. Repair or replace existing screen door hardware at north entrance. D. INTERIOR IMPROVEMENTS 1. Ceiling a. Install new tongue and groove ceiling in all spaces except where existing. New T&G to match remaining T&G ceiling evident in kitchen and restrooms. b. Repair existing T&G ceiling in kitchen and restrooms where damaged. 2. Flooring a. Removing carpeting throughout. b. Replace or repair original floor planks as necessary. 3. Prep and repaint all interior wood surfaces including walls, ceilings, flooring, and casework. 4. Install shelving in basement for archival storage. Ms. Erin Gettis Harrison House Repair San Juan Capistrano February 19, 2004 Page 4 5. Specify new light fixtures. Coordinate new light fixtures with t&g ceiling and existing electrical layout. E. MAINTENANCE 1. Develop a cyclical maintenance schedule and annual maintenance checklist for the building and site. Construction documents will utilize the 1979 drawings as backgrounds. New drawings of the existing condition will only be generated as requited to detail the scope of work. 2. SCHEDULE FOR WORK The construction document work will take no more than six weeks to complete. 3. ADDITIONAL SERVICES The following services are not included in the base contract but are available at an additional fee. This fee can be determined once the scope of work is further defined. • Detailed As -built drawings • In-depth paint analysis • Existing Building Assessment - Architectural, Structural, Mechanical, Electrical, Plumbing • Historical Research • Historic Structures Report • Topographical or contour maps • Investigation for hazardous materials or toxic waste • Environmental Processing/CEQA • Space planning/Programming • Detailed Code Analysis • Presentation model construction • Study Models • Interior design services regarding furnishings, fixtures, and equipment • Perspective sketches • Structural, Mechanical, Plumbing or Electrical Consultant Services • Landscape Architectural Work • Statement of Probable Cost • Changes in design after approval of a specific submittal • Construction observation services • Assembling bid package • Bidding / Negotiation • Life cycle cost analysis • Graphics design, signage • Materials Testing • Independent Field Testing • Site aerial photographs • Professional photo work of archival quality • Financing analysis • Professional rendering • Workshops/Public Meetings/Presentations • Geotechnical/Hydrology analyses • Maintenance or Operational programming • Project development scheduling • Acoustical design • Fire sprinkler design • Start-up assistance Ms. Erin Gettis Harrison House Repair San Juan Capistrano February 19, 2004 Page 5 4. SCHEDULE OF FEES Hourly Rates Basic Costs Corporate Architect $185.00/Hour Project Manager $115.00/Hour Project Architect $115.00/Hour Construction Administrator $ 95.00/Hour Project Historian $ 95.00/Hour Preservation Planner $ 95.00/Hour Specification Writer $ 85.00/Hour Senior Designer $ 85.00/Hour Senior Draftsperson $ 85.00/Hour Technical Manager $ 85.00/Hour Report Writer/Script Writer $ 85.00/Hour Intermediate Designer $ 75.00/Hour Intermediate Draftsperson $ 75.00/Hour Financial Controller $ 75.00/Hour Research Assistant $ 65.00/Hour Beginning Draftsperson $ 65.00/Hour Clerical $ 55.00/Hour Architectural Trainee $ 45.00/Hour Miscellaneous In this category are materials, service and equipment which are not covered in the hourly rate schedule. Miscellaneous items include: Computer Usage $ 65.00/Hour CADD Plots $ 15.00/Each Automobile mileage (over 30 mile radius from office) $ 0.36/Mile Travel and subsistence, per day At cost + 15% Printing and photographic work At cost + 15% Long Distance telephone and faxes At cost + 15% Equipment Rental At cost + 15% Aircraft Rental At cost + 15% Other Consultants Employed by the Client. Coordination of services from consultants employed by the Client will, in most cases, generate additional work from MWD. MWD will provide a separate fee proposal to the Client for additional coordination services. Terms of Payment Payment for services is due upon presentation of the invoice. Invoices are normally rendered on a monthly basis as either a partial or final billing.