06-0712_THIRTIETH STREET ARCHITECTS, INC._Personal Services Agreement0
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PERSONAL SERVICES AGREEMENT RECEIVED JUL -51006
THIS AGREEMENT is made and entered into this LZ -t- of , 2006,
by and between the City of San Juan Capistrano (hereinafter referre as t ity")
and Thirtieth Street Architects, Inc., (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide architectural and engineering services for the Trash and Electrical
Panel Enclosures project; 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 no later than June 30, 2007.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall be for a not to
exceed fee of Twenty -Four Thousand Seven Hundred Eighty ($24,780) as set forth in
Exhibit 'A" attached and incorporated herein by reference.
3.2 Rate Schedule.
The services shall be billed to the City as set forth in Exhibit "A," attached and
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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.
Notwithstanding the payment terms outlined in Exhibit "A", Consultant shall
submit monthly invoices based on total services, which have been satisfactorily
completed and specifying a percentage of projected completion for approval by the City.
The City will pay monthly progress payments based on approved invoices in
accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work.
3.4 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement. These records will be made available
at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not
an agent or employee of City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Consultant is
permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Consultant. City will deal directly with and will make all
payments to Consultant.
Section 6. Changes to Scope of Work.
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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. Consultant shall
complete the Scope of Services as set forth in the schedule included in Exhibit "A",
attached and incorporated herein by reference.
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.
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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, and hold harmless City, its elected and appointed
officials and employees from any and all liabilities, expenses or damages of any nature,
including reasonable attorneys' fees, for injury or death of any person or damage to
property or interference with use of property resulting from errors and omissions
committed by Consultant arising from the negligent acts of Consultant, its agents,
employees and subcontractors in carrying out its obligations under this Agreement.
Section 14. Insurance
Insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it 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.
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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:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit the
insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
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 Clerk of the Board's office for
certification that the insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions have
been satisfied.
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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: Public Works Director
To Consultant: John Loomis
Thirtieth Street Architects
2821 Newport Boulevard
Newport Beach, CA 92663
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.
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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.
APPRO AS F RM:
John R. Sha ity Attorney
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CITY OF SAN JUAN CAPISTRANO
By:
Dave Adams, City Manager
PROPOSAL TO PROVIDE ARCHITECTURAL AND ENGINEERING
SERVICES FOR ELECTRICAL PANEL AND TRASH ENCLOSURES
(Revised June 12, 2006)
Prepared for:
City of San Juan Capistrano
Public Works Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Prepared by:
Thirtieth Street Architects, Inc.
2821 Newport Boulevard
Newport Beach, CA 92663
949/673-2643
City of San Juan Capistrano -page 0
EXHIBIT A
thirtieth
street
architect, inc.
June 5, 2006
Mr. Peter Salgado, Senior Civil Engineer
City of San Juan Capistrano
Public Works Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Mr. Salgado:
The purpose of this letter is to serve as a "short form" response to your RFP for
Architectural and Engineering Services for Electrical Panel and Trash Enclosures
Thirtieth Street Architects, Inc. is an award-winning architectural design firm with almost
30 years of diverse professional experience involving well over 2,000 completed projects.
One of our key strengths is designing additions, renovations or infill structures that are
compatible and/or complimentary to the existing design context. About 600 of these
projects have involved or been adjacent to historic structures or districts.
Some local examples of our work include the repair of the San Juan Capistrano Library
(Phases I and II), the design of a new trash enclosure for the San Juan Capistrano Library,
the stabilization and conservation of Mission San Juan Capistrano (1987-2004), the
renovation/adaptive reuse of the Capistrano Depot and the master planning of Little
Hollywood. All of these projects have involved extensive processing including the
Historical Commission, Design Review, and the Planning Commission.
Our team will be led by John Loomis, who will be the Project Manager and Project
Designer. Carrie Wilde of TSA will be the Job Captain.
City of San Juan Capistrano —page 7
We have assembled the following team of professional consultants to complete this
project:
Architect, Prime Consultant
Civil Engineer
Structural Engineer
M,P& E Engineer
Thirtieth Street Architects, Inc.
2821 Newport Boulevard
Newport Beach, CA 92663
949/673-2643
Civil Works Engineers
3151 Airway Ave. Ste. S-2
Costa Mesa, CA 92626
714/966-9060
Landmark Structures
2600 East Pacific Coast Hwy
Ste. 130
Long Beach, CA 90804
562/498-9166
Linwood Engineering
600 Anton Blvd., 11th Floor
Costa Mesa, CA 92626
714/371-4060
Our proposal is all-inclusive and includes all tasks necessary to complete this project.
Fees are indicated in the attached fee/hours matrix. Hourly billing rates are as follows:
Thirtieth Street Architects, Inc.
Principal $150/hr.
Licensed Architect $125/hr.
Draftsperson $100/hr.
Consultants
Civil Engineer $135/hr.
Structural Engineer $140/hr.
Mechanical, Plumbing $130/hr.
& Electrical Engineer
Reimbursable expenses will be billed per the following schedule, in addition to the fees
indicated in the Fee Matrix, not to exceed a maximum of $2,500.
City of San Juan Capistrano -page 2
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Reimbursable Fees Schedule
Blueprinting
Invoice
Copying
.25/page
Photography
Invoice
Faxes
$1 fax
In-house Blueprints
$1/sheet
In-house color copies
$1/sheet
Other Expenses*
Cost
The above costs are billed at a multiple of 1.15 to cover processing and bookkeeping.
We have also included as a cost benefit to the City, the reuse of a portion of the Trash
Enclosure Construction Documents prepared for the SJC Library.
TSA and our Consultant Team are prepared to commence work immediately and estimate
the time of completion for the project tasks as follows:
Task
Task 1, Schematic Design
Task 2, Final Design
Task 3, Commission Approvals and
Permit Processing
Task 4, Construction Bid Support
Task 5, Construction Engineering Support
Time of Completion
3 weeks
4 weeks
As required (by City)
3-4 weeks
Approximately 12 weeks
We take no exceptions to the City's standard A/E agreement and meet or exceed all
insurance requirements.
This proposal is valid for 90 days from date of submittal.
Very truly yours,
John Loomis, President
Thirtieth Street Architects, Inc.
City of San Juan Capistrano —page 3
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 4931053 FAX
ww .saNuancapastrano.org
July 12, 2006
Thirtieth Street Architects, Inc.
2821 Newport Blvd.
Newport Beach, CA 92663
Dear Mr. Loomis:
JMa,
IA[AAIAAARA
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p 1961
1776
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
A fully executed Personal Services Agreement related to providing architectural and
engineering services for the Trash and Electrical Panel Enclosures Project.
Thank you for maintaining 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
>enior Civil Engineer (949) 443-6366.
cc: Peter Salgado, Senior Civil Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future