08-1021_IS ARCHITECTURE, INC_Personal Services Agreement0 0
PERSONAL SERVICES AGREEMENT
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THIS AGREEMENT is made, entered into, and shall become effective thi�l day
of October, 2008, by and between the City of San Juan Capistrano (hereinafter referred to
as the "City") and IS Architecture (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to obtain historic preservation and architectural consulting services for the
Montanez Adobe Structural Improvements Project (CIP No. 474); 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 Exhibit 'A" attached and incorporated herein by reference. To the extent that there
are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than December 31, 2009.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $$44,530
including reimbursable expenses as set forth in Exhibit "B," attached and incorporated
herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
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3.3 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.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
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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 work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved
by the City in writing.
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.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
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amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by 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 an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 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 naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
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supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
14.5 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). Prior to 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/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.
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 shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (10) day cure period.
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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: Ione Stiegler
IS Architecture
5649 La Jolla Blvd.
La Jolla, CA 92037
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 Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUr CAPISTRANO
By: -- -- —
Joe S o, Mayor
CONSULTANT
Ont
Ione R. Stiegler, AIA, Principal Architect
ATTES
auO
ity C
APPROVED AS TO FORM:
In
UjdA
City Attorney
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EXHIBIT A
SCOPE OF WORK — MONTANEZ ADOBE
1. Preliminary Investigation
Week 1-6
a. Meet with representatives of the City and the non-profit organization, if required,
most closely associated with the respective Adobe to review the project in detail
and determine requirements and procedures for ongoing reviews, coordination,
and meetings.
b. Assemble and review available information pertaining to the project, including
existing historical records, previously prepared condition assessment(s), studies,
reports, and other available record data.
c. Perform preliminary field reconnaissance to perform an assessment of the Adobe
structure and make design recommendations.
2. Preliminary Design
Week 4-10
a. Develop preliminary design plans for the purpose of repairing and/or stabilizing
the building per the scope of work for the Adobe.
b. Preliminary design plans shall consist of a site plan (provided by City), elevations,
roof framing plan, sections, details, floor plan, and preliminary light fixture
selections.
c. The preliminary design shall be consistent with the Secretary of the Interior's
Standards for the Treatment of Historic Properties. The design shall address
recommendations in the 2000 updated Sanchez assessment for the Montanez
Adobe. The preliminary design will address the following:
i) Removal of interior structural frame (leave grade beam in place)
ii) Provision of roof -to -wall connections
iii) Replacement of ceiling, roof, porch posts
iv) Provision of hard -packed earthen interior floor
v) Relocation of electrical outlets/switch, alarm
vi) Replacement of Lighting fixtures
vii) Consider chamfering the corners of the porch posts
b. Provide recommendations about staging area and methodology to remove the
structural frame which is anticipated to require removal through the roof by a
crane.
3. Construction Documents & Specifications
Week 8-16
a. Prepare preliminary Plans, Specifications & Estimate package (PS&E), including
structural calculations, and submit to the City for review and comment by the
City and other required agencies. Based on the City and other agency comments
and requirements, revise and update the preliminary PS&E and calculations.
b. Prepare contract specifications and bid documents, using City "boilerplate;' to
conform to applicable requirements of the City and applicable local agencies.
The specifications will supplement the current edition of the "Greenbook"
(Standard Specifications for Public Works Construction) and need to reflect use
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of the California Historical Building Code and the Secretary of the Interior's
Standards for the Treatment of Historic Properties.
c. Prepare final plans, specifications and engineer's construction cost estimates in a
City approved format for submittal to the City for construction bidding of the
project. All plans shall be drawn at 1"=20'-0" (20 scale) or other scale as
approved by the City. All sheets shall be no larger than 24" X 36" unless
otherwise approved by the City.
4. Meetings/ Coordination
(coordinated as needed)
a. Attend coordination meetings with City personnel/ stakeholders and
communicate via telephone and electronic mail at various times during the design
phase to obtain additional input and to review work (2 meetings each project and
voice/ electronic communication as necessary).
b. Cultural Heritage Commission public meeting to review preliminary design plans
(1 meeting for both projects combined).
c. City Council to approve the plans and specifications prior to bidding process (1
meeting for both projects combined).
Montanez Adobe
Exhibit B - Estimate of Hours and Consultant Fee
Schedule (Weeks 1-16)
Tasks
Principal
Architect
Project
Architect
Draftsman
Totals
Preliminary Investigation
Meetings (see Meetings/Coordination below)
-
-
-
Assemble and Review Available Information
4
6
-
Preliminary Field Reconnaissance, Make Design Recommendations
12
_
16
16
Structural Engineer Site Visit - Melvyn Green & Associates
-
-
-
$1,120.00
Spectroscopic Analysis (8 wood samples) - Museo d'Arte a Scienza
-
-
-
$1,000.00
Subtotal Hours
16
22
16
Personnel Billing Rate
$170.00
$130.00
$80.00
Subtotal Phase
$2,720.00
$2,860.00
$1,280.00
$8,980.00
Preliminary Design
Prepare Preliminary Design Plans to Repair/Stabilize the Structure
4
8
8
Provide Recommendations on Removal of Structural Frame
6
6
4
Structural Engineer Design Development - Melvyn Green & Associates
-
-
$3,690.00
Subtotal Hours
10
14
12
Personnel Billing Rate
$170.00
$130.00
$80.00
Subtotal Phase
$1,700.00
$1,820.00
$960.00
$8,170.00
Construction Documents, Specifications, & Estimate
Prepare Plans
12
30
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Submit to City for Review and Comments (included)
-
-
-
Str mural Construction Documents - Melvyn Green & Associates
-
-
-
$3,690.00
Cost Estimate - Mark Sauer
-
-
-
$1,000.00
Specifications - MasterSpec Writer
-
-
-
$2,500.00
Subtotal Hours
12
30
42
Personnel Billing Rate
$170.00
$130.00
$80.00
Subtotal Phase
$2,040.00
$3,900.00
$3,360.00
$16,490.00
Meetings/Coordination (Total of 8 Meetings for Both Adobes)
Meetings with City Personnel (2)
8
14
-
Cultural Heritage Commission Public Meeting (1) including both adobes
2.5
4
Meeting with City Council (1) including both adobes
2.5
4
-
Subtotal Hours
13
22
0
Personnel Billing Rate
$170.00
$130.00
$80.00
Subtotal Phase
$2,210.00
$2,860.00
$0.00
$5,070.00
ADDITIONAL MEETINGS
Principal
Architect
Project
Architect
Draftsman
Totals
Two Additional Meetings
10
16
0
Mileage (120 miles at 58.5 cents per mile)
-
-
-
$140.00
Material Costs
-
-
-
$200.00
Subtotal Hours
10
16
0
Personnel Billing Rate
$170.00
$130.00
$80.00
Subtotal Phase CO
$1,700.00
$2,080.00$0.00
$4,120.00
Reimbursable Expenses
Travel allowance: mileage at $0.585 per mile.
-
-
-
$500.00
Postage and Delivery
-
-
-
$200.00
Reprographics
-
-
$500.00
Structural Engineer Reimbursable Expenses - Melvyn Green & Associates
-
-
-
$500.00
Subtotal Phase
$1,700.00
5649 La Jolla Blvd, La Jolla, CA (v) 858-456-8555 (i) 858-456-8566 w .isarchitcctucccom
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Montanez Adobe
Exhibit B - Estimate of Hours and Consultant Fee
Schedule (Weeks 1-16)
TOTAL HOURS ALL TASKS1 51 1 88 1 70
TOTAL COST ALL TASKS $8,670.00 1 $11,440.00 1 $5,600.00 1 $44,530.00
NOT TO EXCEED TOTAL $44,530.00
Additional Services As Needed (not included in contract amount)
CONSTRUCTION OBSERVATION
Phase: Construction Observation (as needed)
Principal
Architect
Project
Architect
Draftsman
Totals
Start of Construction Meeting
4
6
0
Site Visits (6 for Principal, 10 for Project Architect)
15
40
0
Close of Construction Meeting
4
6
0
In Office Time (1.25 hour per week for 5 months)
7
19
0
Structural Engineer Construction observation - Melvyn Green 8 Associates
-
-
-
$3,360.00
Subtotal Hours
30
71
0
Personnel Billing Rate
$170.00
$130.00
$80.00
Subtotal Phase CO
$5,100.00
$9,230.00
$0.00
$17,690.00
5649 La Jolla Blvd, La Jolla, CA (v) 858-456-8555 (f) 858-456-8566 w .isarchitecrurc.com
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAx
www. sanjuancaptstrano. org
TRANSMITTAL
TO:
Ione Stiegler
IS Architecture
5649 La Jolla Blvd.
La Jolla, CA 92037
DATE: November 17, 2008
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR LONDRES USO
RE: Personal Services Agreements —
(Blas Aguilar Adobe Phase C & Roof Improvemen rojec
Thank you for providing documentation confirming compliance with the terms of the
agreements related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
these agreements. If you have questions related to insurance requirements, please contact
me at (949) 443-6309.
If you have questions concerning the agreements, please contact Teri Delcamp, Historic
Preservation Manager (949) 443-6330.
Two original agreements are enclosed for your records.
Cc: Teri Delcamp, Historic Preservation Manager
San Juan Capistrano: Preserving the Past to Enhance the Puture
CJ P,In1ea M mo r recyc�a vel
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10/21/2008
AGENDA REPORT D14
TO: Dave Adams, City Manager
FROM: Steven Apple, AICP, Community Development Director
SUBJECT: Consideration of Personal Services Agreement for Rehabilitation Plans for
the Montanez Adobe Structural Improvements Project (IS Architecture)
(CIP No. 474).
RECOMMENDATION:
By motion, approve a Personal Services Agreement in an amount not to exceed
$44,530 with IS Architecture for the preparation of rehabilitation plans for the Montanez
Adobe Structural Improvements project, and authorize the Mayor to execute the
agreement.
SITUATION:
Summary and Recommendation:
In August 2008 sta ff solicited proposals for the preparation of rehabilitation plans,
specifications and cost estimates for the City -owned Montanez Adobe located at 31745
Los Rios Street (APN 121-143-14). It is listed in the National Register of Historic Places
both individually and as a contributor to the Los Rios Street National Register Historic
District. The Request for Proposals also included similar services for the Blas Aguilar
Adobe which is addressed in a separate agenda item. The FY 2008-2009 budget
included $184,057 carried over from FY 2007-2008 for the design and construction of
the Montanez Adobe project. After reviewing the proposals and interviewing three firms,
staff is recommending approval of a Personal Services Agreement with IS Architecture
for this work in an amount not to exceed $44,530.
Background:
Funding for the Montanez Adobe project was carried over to the current fiscal year so
that a combined RFP could be issued for both this adobe and the Blas Aguilar Adobe.
Before the Dunivins deeded the Adobe to the City in 1984, it was seismically retrofitted
and restored to an 1840 era appearance in 1980. Previous wood frame additions
comprising nine rooms were removed, the north wall was re -constructed, the tile and
plywood floors were removed and the roof was replaced. An interior steel and wood
structural frame connected to steel anchor plates embedded in the walls and a
continuous concrete grade beam inside the existing stone foundations was also added
as a seismic and stabilization improvement.
Agenda Report • •
Page 2 October 21, 2008
The interior steel/wood frame and anchor plates were the known and practiced seismic
upgrade improvements based on knowledge about adobes at that time. Significant
study and testing of adobe buildings, conducted primarily by the Getty Conservation
Institute just prior to and following the Northridge Earthquake, has resulted in new
approaches and methodologies being applied to adobe building stabilization. The
project will provide seismic improvements that will not be visible inside the Adobe,
provide a needed historically appropriate re-roof, and allow the visibly obtrusive interior
steel/wood frame to be removed.
The City prepared a Request for Proposal (RFP) outlining the scope of work for the two
adobe projects along with the City's requirements, schedule, deliverables and relevant
historical information. The RFP was sent to Architectural Resources Group; Heritage
Architecture & Planning; IS Architecture; Gilbert Arnold Sanchez, Architect, Inc.; and
thirtieth street architects. Ten additional firms requested copies of the RFP. Staff
received proposals from five of the 15 firms.
As a result of a comprehensive evaluation of the submitted proposals, staff determined
that IS Architecture was the qualified firm, and also the low bidder, that most closely met
the City's overall requirements for the project. Copies of all five proposals are on file and
available for review at the Community Development Department. The project is
anticipated to be ready to begin construction immediately upon the completion of the
Los Rios Park & Parking Lot project with limited equipment and staging needs
accommodated immediately to the south of the Adobe between the Adobe and the new
plaza.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
No Commission or Board review is required.
FINANCIAL CONSIDERATIONS:
Funding of $60,000 was approved in FY 2006-2007 for design, environmental and staff
time for the project with an additional amount of $125,000 for construction in the FY
2007-2008 Capital Improvement Program (CIP No. 474). Overall project funding of
$181,913.86 is currently available in Account No.12-xxxxx-4704-474. Staff expects that
this task will be completed within the allocated budget; therefore, there is no negative
fiscal impact to the City's budget from approval of this agreement.
NOTIFICATION:
The Cultural Heritage Commission will be informed of staffs recommendation to award
the contract to IS Architecture.
Agenda Report • •
Page 3 October 21, 2008
RECOMMENDATION:
By motion, approve a Personal Services Agreement in an amount not to exceed
$44,530 with IS Architecture for the preparation of rehabilitation plans for the Montanez
Adobe Structural Improvements project, and authorize the Mayor to execute the
agreement.
Respectfully Eopment
bittdPrepared by:
`'S%-r-�
Steven AppTeri Delcamp
Communityirector Historic Preservation Manager
Attachment: 1. Personal Services Agreement
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PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this day
of October, 2008, by and between the City of San Juan Capistrano (hereinafter referred to
as the "City") and IS Architecture (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to obtain historic preservation and architectural consulting services for the
Montariez Adobe Structural Improvements Project (CIP No. 474); 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 Exhibit "A," attached and incorporated herein by reference. To the extent that there
are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than December 31, 2009.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $$44,530
including reimbursable expenses as set forth in Exhibit "B," attached and incorporated
herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
ATTACHMENT
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3.3 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.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
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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 work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved
by the City in writing.
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.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
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amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by 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 an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 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 naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
12
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
14.5 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). Prior to 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/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.
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 shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (10) day cure period.
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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: Ione Stiegler
IS Architecture
5649 La Jolla Blvd.
La Jolla, CA 92037
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 Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
M
Dave Adams, City Manager
CONSULTANT
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Ione R. Stiegler, AIA, Principal Architect
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
EXHIBIT A
SCOPE OF WORK— MONTANEZ ADOBE
1. Preliminary Investigation
Week 1-6
a. Meet with representatives of the City and the non-profit organization, if required,
most closely associated with the respective Adobe to review the project in detail
and determine requirements and procedures for ongoing reviews, coordination,
and meetings.
b. Assemble and review available information pertaining to the project, including
existing historical records, previously prepared condition assessment(s), studies,
reports, and other available record data.
c. Perform preliminary field reconnaissance to perform an assessment of the Adobe
structure and make design recommendations.
2. Preliminary Design
Week 4-10
a. Develop preliminary design plans for the purpose of repairing and/or stabilizing
the building per the scope of work for the Adobe.
b. Preliminary design plans shall consist of a site plan (provided by City), elevations,
roof framing plan, sections, details, floor plan, and preliminary light fixture
selections.
c. The preliminary design shall be consistent with the Secretary of the Interior's
Standards for the Treatment of Historic Properties. The design shall address
recommendations in the 2000 updated Sanchez assessment for the Montanez
Adobe. The preliminary design will address the following.,
i) Removal of interior structural frame (leave grade beam in place)
ii) Provision of roof -to -wall connections
iii) Replacement of ceiling, roof, porch posts
iv) Provision of hard -packed earthen interior floor
v) Relocation of electrical outlets/switch, alarm
vi) Replacement of lighting fixtures
vii) Consider chamfering the corners of the porch posts
b. Provide recommendations about staging area and methodology to remove the
structural frame which is anticipated to require removal through the roof by a
crane.
3. Construction Documents & Specifications
Week 8-16
a. Prepare preliminary Plans, Specifications & Estimate package (PS&E), including
structural calculations, and submit to the City for review and comment by the
City and other required agencies. Based on the City and other agency comments
and requirements, revise and update the preliminary PS&E and calculations.
b. Prepare contract specifications and bid documents, using City "boilerplate," to
conform to applicable requirements of the City and applicable local agencies.
The specifications will supplement the current edition of the "Greenbook"
(Standard Specifications for Public Works Construction) and need to reflect use
of the California Historical Building Code and the Secretary of the Interior's
Standards for the Treatment of Historic Properties.
c. Prepare final plans, specifications and engineer's construction cost estimates in a
City approved format for submittal to the City for construction bidding of the
project. All plans shall be drawn at 1"=20'-0" (20 scale) or other scale as
approved by the City. All sheets shall be no larger than 24" X 36" unless
otherwise approved by the City.
4. Meetings/ Coordination
(coordinated as needed)
a. Attend coordination meetings with City personnel/ stakeholders and
communicate via telephone and electronic mail at various times during the design
phase to obtain additional input and to review work (2 meetings each project and
voice/ electronic communication as necessary).
b. Cultural Heritage Commission public meeting to review preliminary design plans
(1 meeting for both projects combined).
c. City Council to approve the plans and specifications prior to bidding process (1
meeting for both projects combined).
Montanez Adobe
Exhibit B - Estimate of Hours and Consultant Fee
Schedule (Weeks 1-16)
Tasks
Principal
Architect
Project
Architect
Draftsman
Totals
Preliminary Investigation
Meetings (see Meetings/Coordination below)
-
-
Assemble and Review Available Information
4
6
-
Preliminary Field Reconnaissance, Make Design Recommendations
12
16
16
Structural Engineer Site Visit- Melvyn Green 8 Associates
-
-
-
$1,120.00
Spectroscopic Analysis (8 woad samples) - Museo d'Ane a Solemn
-
-
-
$1,000.00
Subtotal Hours
16
22
16
Personnel Billing Rate
170.00
$130.00
$80.00
Subtotal Phase
$2,720.00
$2,860.00
$1,280.00
$8,980.00
Preliminary Design
Prepare Preliminary Design Plans to Repair/Stabilize the Structure
4
8
8
Provide Recommendations on Removal of Structural Frame
6
6
4
Structural Engineer Design Development - Melvyn Green & Associates
-
-
$3,690.00
Subtotal Hours
10
14
12
Personnel Billing Rate
170.00
130.00
$80.00
Subtotal Phase
$1,700.00
$1,820.00
$960.00
$8,170.00
Construction Documents, Specifications, & Estimate
Prepare Plans
12
30
42
Submit to City for Review and Comments (included)
-
-
-
Strudural Construction Documents - Melvyn Green 8 Associates
-
-
-
$3,690.00
Cost Estimate - Mark Sauer
-
-
-
$1,000.00
Specifications - MasterSpec Writer
-
-
$2,500.00
Subtotal Hours
12
30
42
Personnel Billing Rate
170.00
$130.00
$80.00
Subtotal Phase
$2,040.00
$3,900.00
$3,360.00
$16490.00
Meetings/Coordination (Total of 8 Meetings for Both Adobes)
Meetings with City Personnel (2)
8
14
-
Cultural Heritage Commission Public Meeting (1) including both adobes
2.5
4
Meeting with City Council (1) Including both adobes
2.5
4
-
Subtotal Hoursl
13
1 22
0
Personnel Billing Rate
$170.00
$130.00
$80.00
Subtotal Phasel
$2,210.00 1
$2,860.00
$0.00
$5,070.00
ADDITIONAL MEETINGS -
Principal
Architect
Project
Architect
Draftsman
Totals
Two Additional Meetings
10
16
0
Mileage (120 miles at 58.5 cents per mile)
-
-
-
$140.00
Material Costs
-
-
-
$200.00
Subtotal Hours
10
16
0
Personnel Billing Rate
$170.00
$130.00
$80.00
Subtotal Phase CO
$1,700.00
$2,080.00
$0.00
$4,120.00
Reimbursable Expenses
Tr vel allowance: mileage at $0.585 per mile.
_
_
_
$500.00
Postage and Delivery
-
-
-
$200.00
Reprographics
-
-
-
$500.00
Structural Engineer Reimbursable Expenses - Melvyn Green & Associates
-
-
-
$500.00
Subtotal Phase
$1,700.00
5649 La Jolla Blvd, La Jolla, CA (v) 858-456-8555 (t) 858-456-8566 w .isarchitecture.com
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Montanez Adobe
Exhibit B - Estimate of Hours and Consultant Fee
Schedule (Weeks 1-16)
TOTAL HOURS ALL TASKS 51 1 88 1 70
TOTAL COST ALL TASKS $8,670.00 1 $11,440.00 1 $5,600.00 1 $44,530.00
NOT TO EXCEED TOTAL $44,530.00
Additional Services As Needed (not included in contract amount)
CONSTRUCTION OBSERVATION
Phase: Construction Observation (as needed)
Principal
Architect
Project
Architect
Draftsman
Totals
Start of Constmalon Meeting
4
6
0
Site Visits (6 for Principal, 10 for Project Architect)
15
40
0
Close of Construction Meeting
4
6
0
In Office Time (1.25 hour per week for 5 months)
7
19
0
Structural Engineer Construction Observation - Melvyn Green & Associates
-
-
-
$3,360.00
Subtotal Hoursl
30
71
0
Personnel Billing Rate
$170.00 1
$130.00
$80.00
Subtotal Phase CO
$5,100.00 1
$9,230.00
$0.00
$17,690.00
5649 La]o0a Blvd, La Jolla, CA (v) 858-456-8555 (� 858-456-8566 w .isarchitecture.com