06-1212_FRED WEBSTER ASSOCIATES_Agreement Amd• 0
AMENDATORY AGREEMENT
This Amendatory Agreement is made this /Aay of December, 2006, by and
between the City of San Juan Capistrano, hereinafter referred to as "CITY", and FRED
WEBSTER ASSOCIATES, hereinafter referred to as "CONSULTANT".
Whereas, CITY and CONSULTANT entered into an agreement dated March 7,
2006, for consultant services to provide historic preservation consulting services for the
Parra Adobe Structural Plan Review; and
Whereas, the CONSULTANT has not yet completed the Parra Adobe Structural
Plan review, and the CITY and CONSULTANT hereby desire to extend the term of the
agreement to June 30, 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
June 30, 2007."
Section 2. All other terms and conditions of said agreements shall remain in full
force and effect.
CITY OF SAN JUAN CAPISTRANO
By:
David F. Adams, City Manager
FRED WEBSTER ASSOCIATES
APPROVE0 AS TO FORM:
John Sqaw, City Attorney
SD
A. Webster, Ph.D., P.E.
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AMENDATORY AGREEMENT
This Amendatory Agreement is made this day of June, 2006, by and
between the City of San Juan Capistrano, hereinafter referred to as "CITY", and FRED
WEBSTER ASSOCIATES, hereinafter referred to as "CONSULTANT'.
Whereas, CITY and CONSULTANT entered into an agreement dated March 7,
2006, for consultant services to provide historic preservation consulting services for the
Parra Adobe Structural Plan Review; and
Whereas, the CONSULTANT has not yet completed the Parra Adobe Structural
Plan review, and the CITY and CONSULTANT hereby desire to extend the term of the
agreement to December 31, 2006.
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, 2006."
Section 2. All other terms and conditions of said agreements shall remain in full
force and effect.
ATTEST:
R. Monahan, City Clerk
APPROVEDAS TO FORM:
John Show, City
30
CITY OF SAN JUAN CAPISTRANO
By: _ OCG v�,
David F. Adams, City Manager
FRED WEB$TER ASISOCIATES
A. Webster, Ph.D., P.E.
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this -�y of March, 2006, by
and between the City of San Juan Capistrano (hereinafter referred to as the "City") and
Fred Webster Associates (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant to provide historic
preservation consulting services for the Parra Adobe Structural Plan Review; 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.
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 1, 2006.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not
exceed Seven Thousand Three Hundred Dollars ($7,300).
3.2 Rate Schedule.
The services shall be provided for work performed at the hourly billing
rates set forth in Exhibit B. 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.
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3.3 Method of Payment.
Consultant shall submit monthly invoices based on total services which
have been satisfactorily completed 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 S. 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.
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.
By executing this Agreement, Consultant warrants that: it is familiar with the work
to be performed as set forth in the scope of work (Exhibit A). Should Consultant
discover any latent or unknown conditions materially differing from those inherent in the
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scope of 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
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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 hired and non -
owned vehicles in the following minimum amounts:
$1,000,000 combined single limit (each accident)
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 and an additional insured endorsement to the Consultant's
general liability and umbrella liability policies to the City for certification that the
insurance requirements of this Agreement have been satisfied.
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14.5 Notice of Cancel lation/Term!nation of Insurance.
The above policy/policies shall not termi
nor the coverage reduced, until after thirty (30) days
except that ten (10) days' notice shall be given if there
pay a premium.
14.6 Terms of Compensation.
nate, nor shall they be cancelled,
' written notice is given to City,
is a cancellation due to failure to
Consultant shall not receive any compensation until all insurance
provisions have been satisfied.
14.7 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: Planning Director
To Consultant: Fred Webster Associates
Consulting Civil/Structural Engineers
P. O. Box 4043
Menlo Park, CA 94026
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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 attomeys' fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Disoute 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 Aureement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
G1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
R. Monahan, City Clerk
AS TO FORM:
I q<�;_ � —
John R. Shawy Attorney
C:K1yFiles\CONTRACT51Free Webster Pam Ad be.d.
CITY OF SAN JUAN CAPISTRANO
By: l
Dave F. Adams, City Manager
FRED V1-BSTER ASSOCIATES
M
on
A.'Webster. Ph.D.. P.
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171
Exhibit A
Scope of Work
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Task
Description & Explanation
1. Orientation meeting
Tasks 1. and 2. will be combined into a one day trip to the City of San
Juan Capistrano and the site. The day will consist of a meeting in the
2. On-site investigation
morning with City staff and Project Manager and an on-site
investigation in the afternoon to observe existing conditions. City staff
and Project Manager will be verbally advised on-site regarding
observed conditions.
3. Review structural rehabilitation
Review of the four sheets of structural rehabilitation plans produced
plans
by Robert Lawson Structural engineers consisting of:
• General Notes with notes on adobe crack repair, structural
construction notes and crack repair of hollow clay tiles;
• Building Plans & Elevations with four elevations, adobe base
plan and roof framing plan;
• Ceiling Plan, Wall Bracing with wall straightening notes and
sketches, adobe ceiling plan and a latitudinal section; and
• Structural Details.
The review will verify that the proposed methodologies are
historically appropriate and reflect current and most effective methods
for adobe repair, and/or to make recommendations for necessary
revisions to the plans.
4. Letter report
A letter report (three copies) will be submitted to the Project Manager
that includes a summary of site observations, review of proposed
rehabilitation design, and recommendations as necessary, Time is
allotted in this task to provide any verbal or written clarification of the
report as requested by City staff and/or Project Manager.
5. Additional review of revised
in anticipation of additional review required of revised structural plans
plans
prepared in response to the letter report recommendations, time is
allotted for such an additional review, including coordination with
City staff, the engineer of record and follow-up letter report (three
copies).
Fred Webster Associates Pana Adobe Proposal
Consulting Civillstructural Engineers
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Exhibit B
Fee Schedule
Task
Estimate Not -to -Exceed
Reimbursables
Labor Cost
1.
$1,600
a Air -fare
• Airport parking &
$300
2,
mileage
$60
• Car rental
$60
3.
$1,280
4.
$1,920
. Report publication
$50
• Report transmittal
(FedEx
$30
5.
• Additional
• Report publication
$50
Review
$640
• Report transmittal
• Coordination
(FedEx)
$30
wJ City staff
$640
• Follow-up
letter report.
$640
Totals
$6,720
$580
Fred Webster Associates Parra Adobe Proposal
Consulting Civil/Structural Engineers
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493,1171
(949) 493.1053 FAx
www.sanjuancapistrano.org
TRANSMITTAL
TO:
Fredrick A. Webster, Ph.D., P.E.
Fred Webster Associates
P.O. Box 4043
Menio Park, CA 94026
DATE: December 12, 2006
Joe* �
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1776
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
RE: Amendment— Parra Adobe Structural Plan Review
MEMBERS OF THE CITY COUNCIL
Thank you for forwarding documentation confirming compliance with the terms of the
agreement related to insurance.
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
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 the project manager, Teri
Delcamp, Historic Preservation Manager (949) 443-6330.
An original, executed amendment is enclosed for your records.
Cc: Teri Delcamp, Historic Preservation Manager
Bill Cunningham, Interim Planning Director
San Juan Capistrano: Preserving the Past to Enhance the Future
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32400 PASEO AOEL.ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano. org
June 8, 2006
Fred Webster Associates
PO Box 4043
Menlo Park, CA 94026
Dear Sir or Madam:
IAWNPAANIfA
� [{1A1111N(A � 1961
1776
•
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE SATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
A fully executed, original Amendatory Agreement related to an agreement to provide
historic preservation consulting services for the Parra Adobe Structural Plan Review is
enclosed for your records.
Thank you for maintaing documentation confirming current compliance with the terms of
insurance under your agreement with the city. Please keep in mind that should this
documentation lapse, all work under this agreement must stop and all payments will be
withheld until we receive proper evidence of insurance.
You may proceed with work under this agreement in coordination with the project
manager, Lynnette Adolphson, Management Analyst ll, (949) 443-6324.
Thank you,
Meg aha;, CMC
City Jerk II
cc: 't-y-nnette Adolphson, Management Analyst II
San Juan Capistrano: Preserving the Past to Enhance the Future
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CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Lynnette Adolphson, Management Analyst II
FROM: Christy Swanson, Secretary
SITUATION:
SECOND REQUE8 w`
DATE: June 1. 2007 -1 � Z3I0�(
-�FFiV2't� 1�jU51CC
On June 8, 2006, the City of San Juan Capistrano entered into an Amendatory Agreement
with Fred Webster Associates to extend Consultant services no yet completed for the Parra
Adobe Structural Plan review.
ACTION REQUESTED:
Said Agreement states services shall be completed by December 31, 2006.
On December 8, 2006, said agreement extended to June 30, 2007.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN:
urcd
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
kI�
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: 10112 10-7
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 12/01/06 06101107
Deadline Date: 12131106 06130107
(600.30/fredwebster)
1pkvta'�
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Lynnette Adolphson, Management Analyst II
FROM: Christy Swanson, Secretary DATE: December 1, 2006
SITUATION:
On June 8, 2006, the City of San Juan Capistrano entered into an Amendatory Agreement
with Fred Webster Associates to extend Consultant services no yet completed for the Parra
Adobe Structural Plan review.
ACTION REQUESTED:
Said Agreement states services shall be completed by December 31, 2006.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN:
Art -c- e, -f- w+,ek lie, . 01 2-v0-7
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
30 i ao o �
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: i��Olo
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 12101/06
Deadline Date: 12/31/06
(600.30/fredwebster)
iJ
0
CITY CLERK'S DEPARTMENT -ACTION REMINDER
TO: Lynnette Adolphson, Management Analyst II
FROM: Maria Guevara, Deputy City Clerk DATE: May 15, 2006
SITUATION:
The City San Juan Capistrano entered into a Personal Services Agreement with Fred
Webster Associates. to provide historic preservation consulting services for the Parra
Adobe Structural Plan Review.
Said agreement shall commence on March 7, 2006.
Said agreement shall terminate on June 1, 2006.
ACTION REQUESTED:
Please notify this office if said agreement has been extended or completed.
ACTION TO BE TAKEN:
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
I 13I) o(0
SIGNATURE OF OFFICIAL TAKING ACTION: tQ�
DATE SIGNED: 46 0A 6
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 05/15/06
Deadline Date: 06/01/06
cc:
(600.30/fredweb)
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
March 23, 2006
Fred Webster Associates
Consulting Civil/Structural Engineers
P.O. Box 4043
Menlo Park, CA 94026
Dear Mr. Webster:
MEMBERS OF THE CITU COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATi HART
JOE SOTO
DAVID M. SWERDLIN
A fully executed, original Personal Services Agreement related to providing consulting
services for the Parra Adobe structural plan review is enclosed for your records.
Thank you for forwarding documentation confirming current compliance with the terms
of insurance under your agreement with the city. Please keep in mind that should this
documentation lapse, all work under this agreement must stop and all payments will be
withheld until we receive proper evidence of insurance.
You may proceed with work under this agreement in coordination with the project
manager, Lynnette Adolphson, Management Analyst II, (949) 443-6324.
cc: Lynnette Adolphson, Management Analyst It
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on recycled paper
•
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano. org
March 13, 2006
Javan
IR(AARAARIfA
M
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177766 1961
"
Fred Webster Associates
Consulting Civil/Structural Engineers
PO Box 4043
Menlo Park, CA 94026
Dear Mr. Webster:
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
A Personal Services Agreement related to providing preservation consulting services for
the Parra Adobe structural plan review is in the process of being executed. It will be
issued upon receipt of required documentation related to contract terms under Section
14. Insurance. In particular the following documents are needed:
o Worker's Compensation insurance certificate of Insurance. If you do not
have employees, please provide us with a signed statement to that effect.
o Separate endorsement form to your General Liability insurance naming
the City of San Juan Capistrano as additional insured.
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,
Lynnette Adolphson, Management Analyst II, (949) 443-6324. Please call Maria
Guevara, Deputy City Clerk (949) 443-6309 if you have questions regarding the forms
of insurance needed.
Thank
han, CMC
cc: Lynnette Adolphson, Management Analyst II
San Juan Capistrano: Preserving the Past to Enhance the Future
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