07-0222_HERITAGE ARCHITECTURE & PLANNING_Agreement0
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AMENDATORY AGREEMENT
This Amendatory Agreement is made this 210day of &08, by and
between the City of San Juan Capistrano, hereinafter referred to as "CITY" and Heritage
Architecture and Planning, hereinafter referred to as "CONSULTANT'.
WHEREAS, City and City entered into an agreement dated February 22, 2007 for
consultant services proposal for Architectural Services for the Congdon House; and
Whereas, CITY and CONSULTANT has not yet completed the services, and the
CITY and CONSULTANT hereby desire to extend the term of the agreement to June
30, 2008.
NOW, THEREFORE BE IT RESOLVED between CITY and CONSULTANT as
follows:
Section 1. Section 2. (Term) is hereby amended to read as follows:
"This agreement shall commence on the effective date of this Agreement
and services required hereunder shall be completed by no later than June
30, 2008.
Section 2. All other terms and conditions of said agreements shall remain in
full force and effect.
CITY OF SAN JUAN CAPISTRANO
By:�
Dave Adams, City Manager
CONSULTANT
By: /` 2- X4,"'e
P. David Marshall
A T
a e .Mon a , 6tj CI
APPROVED AS TO FORM:
I.,L&
Omar Sandoval, City Attorney
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AMENDATORY AGREEMENT
This Amendatory Agreement is made this I F day of June, 2007, by and
between the City of San Juan Capistrano, hereinafter referred to as "CITY" and Heritage
Architecture and Planning, hereinafter referred to as "CONSULTANT'.
WHEREAS, City and City entered into an agreement dated February 22, 2007 for
consultant services proposal for Architectural Services for the Congdon House; and
Whereas, CITY and CONSULTANT has not yet completed the services, and the
CITY and CONSULTANT hereby desire to extend the term of the agreement to
December 31, 2007.
NOW, THEREFORE BE IT RESOLVED between CITY and CONSULTANT as
follows:
Section 1. Section 2. (Term) is hereby amended to read as follows:
"This agreement shall commence on the effective date of this Agreement
and services required hereunder shall be completed by no later than
December 31, 2007."
Section 2. All other terms and conditions of said agreements shall remain in
full force and effect.
APPROVED AS TO FORM:
John R. haw, City Attorney
CITY OF SAN JUAN CAPISTRANO
By: &- AA ,
Dave Adams, City Manager
CONSULTANT
By: /". 4-1 Ayfl /
P. David Marshall
SD
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PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this22 dayof February
2007, by and between the City of San Juan Capistrano (hereinafter referred to as the
"City") and Heritage Architecture & Planning (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal for Architectural Services for the Congdon 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 1-3 as
set forth in Exhibit 'A" 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 June 30, 2007.
Section 3. Compensation.
3.1 Amount.
Total compensation forthe scope of services for this Project shall not exceed twenty
four thousand nine hundred ninety dollars ($24,990), as set forth in Exhibit "B," attached
and incorporated herein by reference.
SD
3.2 Rate Schedule.
The services shall be billed to the City at the hourly rate set forth in Exhibit "B,"
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, with itemized
tasks, 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 Subcontractina and Assianment.
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.
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Section S. 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 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. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Consultant's
findings, conclusions, and recommendations with any support documentation. All reports
submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and approval
of the City.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
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 or damages
of any nature, including attorneys' fees, for injury or death of any person or damage to
property or interference with use of property and for errors and omissions committed by
Consultant arising out of or in connection with the work, operation or activities of
Consultant, its agents, employees and subcontractors in carrying out its obligations under
this Agreement.
Section 14. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
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$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.
Priorto 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 using
ISO form CG 20 10 11 85 (in no event with an edition date later than 1990) to the City's
General Counsel for certification that the insurance requirements of this Agreement have
been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Priorto beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's General Counsel 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 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.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 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 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 Administrative Services
To Consultant: Heritage Architecture & Planning
625 Broadway, Suite 300
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").
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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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
CITY OF SAN JUAN CAPISTRANO
CONSULTANT
Monahan, City Clerk
APPROVED AS TO FORM:
John R. w, City Attorney
P. DAvid Marshall
7
H E R I T A G E
ARCHITECTURE & PLANNING
K
February 8, 2007
CITY OF SAN JUAN CAPISTRANO
Planning Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Ms. Teri Delcamp, Historic Preservation Manager
Exhibit "A"
Subject: Congdon House HAP #06096.PR
Revised Proposal for Historic Architectural Services
Dear Teri:
Attached is a revised proposal for the historic Congdon House ADA Improvements project.
Heritage Architecture & Planning has revised the scope and fee based on our site meeting and
discussion on January 31, 2007.
Thank you for your consideration. We look forward to working with you on this project. Please
feel free to call with any questions. Please sign below to approve this proposal and return a copy to
Heritage for our files.
Sincerely, Approval:
s. -W
David Marshall, AIA Signature
President
C24785
\\David\HAP-PROJF \MW6 Congdon H—\�c O\HAP Pac A1-8-06.dm
Date
625 BROADWAY, SUITE 800, SAN DIEGO, CA 92101 TEL 619.219.]888 EMAIL HF AGE®HERITAGEARCMTEGIURE.COM FAX 619.211.6286
H E R I T A G E
ARCHITECTURE & PLANNING
H
CONGDON HOUSE
Proposal for Architectural Services
February 8, 2007
Page 2
CONGDON HOUSE ADA IMPROVEMENTS
The historic Congdon house is currently being developed for use as a public access museum on the
ground floor. For public access to the Museum, it will be necessary to make modifications to bring
the structure into compliance with the Americans with Disabilities Act, utilizing the California
Historical Building Code (CHBC).
The following modifications are anticipated:
• Modification of the side entry door for ADA compliance.
• Removal of the existing side entry stairs and construction of a new ADA compliant landing and
ramp or lift to provide wheelchair access into the building.
• Construction of a new ADA compliant restroom in the existing rear service porch.
• Modification of the existing door between the kitchen and the new bathroom to provide minimum
code required clearance.
• Site improvements to provide accessible vehicular access and parking adjacent to the building.
• Creation of an accessible path of travel from the parking to the side entry.
SCOPE OF ARCHITECTURAL SERVICES
Task 1: FIELD DOCUMENTATION AND BACKGROUND DRAWINGS
Heritage will field verify plan dimensions on the existing hand drawings provided by
the City of San Juan Capistrano and create a new background first floor plan in
AutoCAD. Field verification will be limited to the area of proposed work at the side
entry and restroom area. Field verification and drafting will be limited to the first
floor plan. Updated second floor plan, elevations, and building sections are not
included in this scope of services.
Task 2: DESIGN DEVELOPMENT DRAWINGS
Using the City of San Juan Capistrano's existing conceptual studies and new base
drawings, Heritage will provide Design Development drawings. The following will
be included in the Design Development submittal:
• Site plan (using the existing survey and site plan provided by the City. Heritage will
indicate new accessible parking and pavement areas).
• First Floor Plan.
• Preliminary deck and ramp details.
• Exterior Elevations of the new ramp.
625 BROADWAY, SOME B , SAN DIEGO, G 92101 TEL 619.239]888 EMAIL HERITAGE@HERITAGBARCHITECILRE.COM FAX: 619.2 .6286
H E R I T A G E
ARCHITECTURE & PLANNING
H
CONGDON HOUSE
Proposal for Architectural Services
February 8, 2007
Page 3
• Preliminary interior elevations of the new ADA restroom.
• Preliminary door and window schedules for openings which will be affected by the
project (existing doors and windows to remain will not be surveyed or included in
the schedules).
• Preliminary architectural details.
• Preliminary plumbing and electrical drawings (plumbing and electrical work shown
will be limited to within the building, no site utility work will be included).
Heritage will coordinate with City staff and attend one staff meeting and one
Commission meeting during Task 1.
Task 3: CONSTRUCTION DOCUMENTS
Based on the approved Design Development drawings, Heritage will prepare
complete Construction Drawings and specifications for the planned rehabilitation.
Construction Drawings will include further development of the drawings listed under
Design Development.
Construction Drawings will be prepared in AutoCAD. Heritage anticipates one
preliminary submittal and one final submittal for plan check. Drawings will be
provided in hardcopy and digital format.
ADDITIONAL SERVICES (OptionaD
Task 4: CONSTRUCTION ADMINISTRATION
Heritage will provide construction observation services for the estimated 45 -day
construction period. Construction Observation services shall include office review of
contractor submittals, response to Requests for Information (RFI), and preparation
of Architect's Supplemental Instructions (ASI). On-site services shall include the
attendance of the Heritage Project Architect at three (3) site meetings. Additional site
meetings or extension of the construction period beyond the 45 days budgeted will
be billed as an additional service on a time and materials basis with prior approval
from the City. Attendance at project meetings by sub -consultants (including civil,
plumbing, and electrical) is not included in the scope.
625 BROADWAY, SUITE 800, SAN DIEGO, CA 92101 TEL 619.219.7888 EMAIL: HMTAGB@HERITAGEARCHIiECT .COM FAX: 619.214.6286
H E R I T A G E
ARCHITECTURE & PLANNING
H
CONGDON HOUSE
Proposal for Architectural Services
February 8, 2007
Page 4
Reimbursable Expenses
Reimbursable Expenses described below shall occur, as necessary, and be billed by the Architect on
an itemized statement specifying the type of service and/or the material provided, copies of receipts,
if applicable, the position of the person providing the service, the person's hourly rate, the time
spent and the cost incurred to provide the service. Funding for the reimbursable expenses is
provided to pay the Architect for the various duties described below that do not lend themselves to
precise estimation on a lump sum basis, and for that reason is not included in the Basic Services.
Reimbursable Expenses, however, are essential to aid the Architect in the performance of the Basic
Services and Additional Services, when authorized.
. Printing and reproduction as required by the Consultant
. Film and Film processing as required by the Consultant
. Automobile Mileage/Travel related costs
• Long distance telephone/fax
. Equipment rental
. Report reproduction and expendable supplies (data duplication, historic maps, historic
photographs, field maps, and graphics supplies).
625 BROADWAY, SUITE ", SAN DIEGO, CA W101 TEL: 619.249.788 EMAIL HBRITAGFIgHERITAGEARCHITI URE.COM FAX: 61923 4286
H E R I T A G E
ARCHITECTURE & PLANNING
BExhibit "B"
CONGDON HOUSE
Proposal for Architectural Services
February 8, 2007
Page 5
PROPOSED FEES
The following is a breakdown of cost per task
Field Documantation and Background Drawings
Hertiage Architecture & Planning
• Project Architect $ 120 10 $ 1,200
• Intermediate Draftsperson $ 80 18 $ 1,440
Reimbursable Expences LS $ 200
Subtotal for Task 1 $ 2,840
Task 2 Design Development
Hertiage Architecture & Planning
• Senior Principal
$
185
2
$
370
• Project Architect
$
120
20
$
2,400
• Intermediate Draftsperson
$
80
30
$
2,400
Engineered Systems - Plumbing & Electrical
LS
$
1,250
Reimbursable Expences
LS
$
200
Subtotal for Task 2
$
6,620
Task 3 Construction Documents
Hertiage Architecture & Planning
• Senior Principal
$
185
8
$
1,480
• Project Architect
$
120
50
$
6,000
• Intermediate Draftsperson
$
80
60
$
4,800
Engineered Systems - Plumbing & Electrical
LS
$
1,650
Leverton & Associates
LS
$
800
Reimbursable Expences
LS
$
800
Subtotal for Task 3
$
15,530
GRAND TOTAL
$
24,990
625 BROADWAY, SUITE 800, SAN DIEGO, G 92101 TEL: 619.249.7888 EMAIL: HERITAGS@F[EAITAGEARCHITF. URE.COM FAX: 619. .6
H E R I T A G E
ARCHITECTURE & PLANNING
R
CONGDON HOUSE
Proposal for Architectural Services
February 8, 2007
Page 6
Additional Services (Optional)
Task 4 Construction Administration (45 -Days)
Hertiage Architecture & Planning
• Senior Principal $ 185 6 $ 1,110
• Project Architect $ 120 60 $ 7,200
Engineered Systems - Plumbing & Electrical LS $ 1,500
Reimbursable Expences LS $ 600
Subtotal for Task 4 $ 10,410
HERITAGE'S SCHEDULE OF FEES
Hourly Rates
Basic Costs
Senior Principal
$185.00/Hour
Principal
$150.00/Hour
Project Manager
$120.00/Hour
Project Architect
$120.00/Hour
Project Historian
$100.00/Hour
Preservation Planner
$100.00/Hour
Specification Writer
$ 90.00/Hour
Senior Designer
$ 90.00/Hour
Senior Draftsperson
$ 90.00/Hour
Report Writer
$ 85.00/Hour
Graphic Artist
$ 85.00/Hour
Intermediate Designer
$ 80.00/Hour
Intermediate Draftsperson
$ 80.00/Hour
Financial Controller
$ 80.00/Hour
Research Assistant
$ 65.00/Hour
Beginning Draftsperson
$ 65.00/Hour
Clerical
$ 60.00/Hour
Architectural Trainee
$ 45.00/Hour
625 BROADWAY, SUITE 8W, SAN DIEGO, CA 92101 TEL 619.2397888 EMAIL HERITAGE@HERITAGEARCHREG U]IE.COM FAX 619. i .6286
H E R I T A G E
ARCHITECTURE & PLANNING
H
CONGDON HOUSE
Proposal for Architectural Services
February 8, 2007
Page 7
Miscellaneous
This category includes materials, services,
and equipment, which are not covered in the hourly rate
schedule. Miscellaneous items include:
B/W Plots
$ 5.00/Each
Color Plots
$ 5.00/SF
Automobile mileage (over 30 mile radius from office) $ 0.445/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%
Other Consultants Employed by the Client
Coordination of services from consultants employed by the Client will, in most cases, generate
additional work from Heritage Architecture & Planning and are not included in the fee. Heritage
Architecture & Planning can provide a separate fee proposal to the Client if additional coordination
is necessary.
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.
Terms of Fee Schedule
The schedule of fees is valid for 12 months.
Additional Services
• As -built drawings.
• Field Investigation and existing conditions
assessment other than work indicated
above.
• Civil Engineering.
• Mechanical Engineering.
• Structural Engineering.
• Landscape Design.
• Historic Structures Report.
• Public meetings.
I M06 IRS Smn rd M mW Rave (SMA)
• Meetings other than those specified.
• Laboratory paint analysis.
• Bid assistance.
625 BROADWAY, SUITE 800, SAN DIEGO, CA 92101 TEL: 619.M9.78M EMAIL HERITAGEQHERnAGEARCHITEC .COM FAK 619]34.6286
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CITY CLERK'S DEPARTMENT - ACTION REMINDER I-- V�(--
SECOND REQI Et O- l
TO: Teri Delcamp, Historic Preservation Manager Z �Z(D�v(:2)
FROM: Christy Swanson,-geeretaryy-- \)S'A�ltti: �-�-BATE: December 1, 2007
SITUATION:
On February 22, 2007 the City of San Juan Capistrano entered into a Personal Services
Agreement with Heritage Architecture & Planning to provide Architectural Services for the
Congdon House.
ACTION REQUESTED:
Services shall be complete no later than June 30, 2007.
On June 6, 2007, said agreement extended to December 31, 2007.
ACTION TO BE TAKEN:
J
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
1 3,) 4-cq r
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED:
'FOR CITY CLERK'S DEPARTMENT USE ONLY'**
Tickler Date: 06101107 12101/08
Deadline Date: 06/30/07 12131108
(600.30/heritage)
•
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Teri Delcamp, Historic Preservation Manager
FROM: Christy Swanson, Secretary DATE: June 1, 2007
SITUATION:
On February 22, 2007 the City of San Juan Capistrano entered into a Personal Services
Agreement with Heritage Architecture & Planning to provide Architectural Services for the
Congdon House.
ACTION REQUESTED:
Services shall be complete no later than June 30, 2007.
ACTION TO BE TAKEN:
A
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
la -13 I /0
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: 6L6N-�
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 06/01/07
Deadline Date: 06/30/07
(600.30/heritage)
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 4931053 PAX
www.sanjuancapistrano.org
TRANSMITTAL
lye]
P. David Marshall
Heritage Architecture and Planning
625 Broadway, Suite 800
San Diego, CA 92101
DATE: March 27, 2008
Jin �
IIf1.111Otf1
• ISTI WIN I IB61
1776
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
MEMBERS OF THE CRY COUNCIL
RE: Amendatory Agreement — Architectural Services for the Congdon House
SMI ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR LONDRES USO
Thank you for maintaining documentation confirming compliance with the terms of the
agreement related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949)443-6309.
If you have questions concerning this amendatory agreement, please contact Teri Delcamp,
Historic Preservation Manager (949) 443-6330.
An original amendatory agreement is enclosed for your records.
Cc: Teri Delcamp, Historic Preservation Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
0 PnnTetl on 100% recyGetl pafRr
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
TRANSMITTAL
TO:
P. David Marshall
Heritage Architecture and Planning
625 Broadway, Suite 800
San Diego, CA 92101
DATE: June 26, 2007
v
a
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
MEMBERS OF THE CITY COUNCIL
RE: Amendatory Agreement — Architectural Services for the Congdon House
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
Thank you for maintaining documentation confirming compliance with the terms of the
agreement related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949) 443-6309.
If you have questions concerning this amendatory agreement, please contact William Ramsey,
Principal Planner (949) 443-6334.
An original amendatory agreement is enclosed for your records.
Cc: William Ramsey, Principal Planner
San Juan Capistrano: Preserving the Past to Enhance the Future
Q14 Printed on 100% recycletl Paper
1]
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
TRANSMITTAL
David Marshall
Heritage Architecture & Planning
30911 Silver Leaf Dr.
San Juan Capistrano, CA 92675
DATE: March 29, 2007
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
MEMBERS OF THE CITY COUNCIL
RE: Personal Services Agreement — Architectural Services for the Congdon House
SAMALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
Thank you for providing documentation confirming compliance with the terms of the agreement
related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949)443-6309.
If you have questions concerning the agreement, please contact Teri Delcamp, Historic
Preservation Manager (949) 443-6330.
A copy of the recorded agreement is enclosed for your records.
Cc: Teri Delcamp, Historic Preservation Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 FAX
www.sanjuancapistrano.org
February 28, 2007
Heritage Architecture & Planning
625 Broadway, Ste 300
San Diego, CA 92101
Dear Sir or Madam:
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MEMBERS OF THE CITY COUNCIL
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SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
A Personal Services Agreement related to architectural services for the Congdon House
is in the process of being executed. It will be issued upon receipt of required
documentation related to contract terms under Section 14. Insurance.
Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK --
followed by original signed documents. I have enclosed a copy of the agreement terms
for your reference in supplying this documentation.
If you have questions specific to the contact, please contact the project manager, x.
Please call Maria Morris, Deputy City Clerk (949) 443-6309 if you have questions
regarding the forms of insurance needed.
Thank you,
CMC
Clerk
cc: Teri Delcamp, Historic Preservation Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
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Section 12. Ownership of Documents.
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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 or damages
,of any nature, including attorneys' fees, for injury or death of any person or damage to
property or interference with use of property and for errors and omissions committed by
Consultant arising out of or in connection with the work, operation or activities of
Consultant, its agents, employees and subcontractors in carrying out its obligations under
this Agreement.
Section 14. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
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$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 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,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14A 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 using
ISO form CG 20 10 11 85 (in no event with an edition date later than 1990) to the City's
General Counsel for certification that the insurance requirements of this Agreement have
been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars($1,000,000). Priortobeginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall 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.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
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