Loading...
07-0222_HERITAGE ARCHITECTURE & PLANNING_Agreement0 r� U 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 0 0 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 0 a 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. 2 0 0 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: 2 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. 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"). 0 0 0 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 0 0 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 A �.1 Printed nn 100% rervtled naewr 0 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: 0 MEMBERS OF THE CITY COUNCIL L� WU&'J\ �tr 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 0 Printed on 100% recycled paper 0 Section 12. Ownership of Documents. 10 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: 4 $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. 5