15-0429_AA ARCHITECTURE INTERIOR, DESIGN & PLANNING_Personal Services Agreement PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this
day of E 2015, by and between the City of San Juan Capistrano (hereinafter
referred to as the "City") and AA Architecture, Interior Planning & Design, (hereinafter
referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant to review and analyze
existing equestrian facilities and related construction documents for possible access
deficiencies and non-compliance as they related to the requirements of the 2013 California
Building Code (CBC 2013) access regulations, and the 2010 Americans with Disabilities
Act Standards (2010 ADAS) for the Reata Park & Event Center (CIP 12201); 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 the Consultant shall be 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 June 30, 2015.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed Five Hundred
Thirty Three Dollars ($533) as set forth in Exhibit"A", 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 the City. Invoices shall be addressed as provided for in
Section 16 below.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of the 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 the 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 the 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.
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Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement, however, it is
recognized that Consultant must perform with due and reasonable diligence in accordance
with professional standards.
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
reasonable 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 and hold harmless the City, is due to the negligence, recklessness
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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
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 belowwith insurers and underforms 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 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, Consultantshall 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 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,
Workers' Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Priorto beginning anywork underthis 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
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additional insured as respects each of the following: Liability arising out of activities
performed by or on -behalf of Consultant, including the insured's general 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 coverage 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.
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
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used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Khoon Tan, P.E.
To Consultant: AA Architecture, Interior Planning & Design
26732 Pepita Drive
Mission Viejo, CA 92691
Attn: Afshan Afshar, President
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.
Section 20. Counterparts.
This Agreement may be executed by the Parties in counterparts,which counterparts
shall be construed together and have the same affect as if all the Parties had executed the
same instrument. Counterpart signatures may be transmitted by facsimile, email, or other
electronic means and have the same force and effect as if they were original signatures.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Keith Van Der M �tm, P.E.
Public Works and Utilities Director
CONSULTANT
By: 6
Afshan Af h resident
AA Architecture, Interior Planning&Design
ATTEST:
Maria Morris, City Clerk
APPROVED S TO FORM:
Hans Van Llgten, City Attorney
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Keith Van Der P.E.
Public Works and Utilities Director
CONSULTANT
By:
Afshan AAhitt',15fesident
AA Architecture, Interior Planning&Design
ATTEST:-
Morris,
TTEST:Morris, City CI rk
APPROVED AS TO FORM:
Hans Van Ligten, City Attorney
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Exhibit "A"
April 2,2015
Mr. Khoon Tan,P.E.,QSD/P
Public Works Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano,CA 92675
Subject: Access Compliance Services Agreement
For Reata Park&Event Center
Project Number: 1515
Dear Khoon:
AA Architecture Interior Planning&Design("Architect")is pleased to submit this proposal to the
City of San Juan Capistrano("Client"),for on-site review of existing conditions at the Reata Park&
Event Center,and analyze for compliance with the Title II of the Americans with Disabilities Act of
1990(the ADA)accessibility Standards,and accessibility regulations of the California Building Code
(CBC). Requirements of the Americans with Disabilities Act of 1990 regarding employment(Title
1),transportation(Title II,Parts I and II)and telecommunications(Title IV),and none-access
requirements of CBC,are specifically excluded from this proposal. Our services would be as
follows:
A. GENERAL
1. The Project
Perform a general field review of existing equestrian facilities w/City staff to identify
any ADA or CBC accessibility concerns at the Reata Park&Event Center
located in the City of San Juan Capistrano,California.
B. INITIAL BASIC SERVICES
The Architect shall visit the site to gather information regarding its compliance with
accessibility regulations of ADA and CBC,to determine generally types and extent of possible
violations and deficiencies. The Architect shall summarize the results of the visit in a written
report and forward to the client. Review will be performed by a CASp certified professional.
Client has requested the following areas be covered in the study:
■ Accessible horse mounting space between the edge of the equestrian assistant platform
and the edge of the equestrian accessible mounting ramp.
■ Equestrian gate in close proximity to the accessible mounting ramp that leads into the
arena(gate swing,"rail"height,width,etc.)including the pathway between the accessible
mounting.
Mr. Khoon Tan,P.E.,QSD/P
Public Works Department
City of San Juan Capistrano
Reata Park&Event Center
April 2,2015
■ Ramp and arena(corral).
■ Existing gate"rail"heights for horse corrals and pens.
■ The main horse pen configuration.
■ The hitching posts(2)located adjacent to the accessible mounting ramp.
■ Existing circular equestrian corral.
Onlythe instances of probable non-compliance will be included in the summary.
References to specific provision of CBC and ADA Standards will be provided for cross
reference to the regulations.
C. COMPENSATION AND OTHER CONDITIONS
1. BASIC FEES: Fees for the Basic Services described in this proposal are to be
compensated on a lump sum basis of five hundred and thirty three dollars
($533).
2. PAYMENTS: Payments for Basic Services will be invoiced upon completion of the
Architects review report,and shall be due upon receipt of the Architects
invoice.
3. REIMBURSABLE EXPENSES: Are included in the Basic'Services fee.
4. Basic Hourly Rate Schedule:
Senior Arch itect/Proj ect Manager $100
5. Consultants:
Engineering and other consultants'services and documents are not included in
the Architects Basic Services.
D. SCHEDULE
Services to commence upon acceptance of this proposal and to proceed continuously until
completion, presently projected to be no later than June 30,2015
E. STANDARD TERMS AND CONDITIONS
See attached STC-S, dated January 2015.
PAGE 2 of 3
Mr. Khoon Tan,P.E.,QSD/P
Public Works Department
City of San Juan Capistrano
Reata Park&Event Center
April 2,2015
F. UNDERSTANDINGS
1. As with any other federal,state,county or city law,ordinance,rule or regulation,ADA Standards and the
CBC contain ambiguous and contradictory requirements that will be subject to various and often
contradictory interpretations. The Architect shall be entitled to rely -reasonably on written
interpretations and specific approvals regarding requirements given by government officials with
responsibility enforcing ADA and/or CBC requirements. Although the Architect will use professional
efforts to interpret applicable requirements and to advise Client as to what modifications to the facilities
may be required by the regulations,these interpretations are a matter of professional judgment. The
Architect, therefore, cannot and does not warrant or guarantee that the facilities reviewed will fully
comply with interpretations of the requirements by regulatory bodies or court decisions.
2. Limitation of Liability: In recognition of the relative risks and benefits of the Project to both Client and
Architect relating to Architect's provision of services in accordance with this Agreement, the risks have
been allocated such that Client agrees, that to the fullest extent permitted by law,the Architect's total
liability to the Client,for any and all injuries,claims,losses,expenses or damages whatsoever arising out of
or in any way related to the Project or this Agreement from any cause or causes,including but not limited
to the Architect's negligence, errors, omissions, and / or breach of contract shall not exceed the total
compensation received by the Architect under this Agreement.
3. Limitations of Responsibility:
a. Architect shall not be responsible for the acts or omissions of Client, Client's other consultants,
contractors,subcontractors,their agents or employees,or other persons performing work or services on
the Project. Architect shall neither have control over nor be in charge of, nor be responsible for the
construction means, methods, techniques, sequences or procedures, fabrication, installation,
procurement, shipment, delivery, recelpt, Inspection, or for safety precautions and programs in
connection with work by any other person on the Project site. Architect shall not be responsible for
Client's or others'implementation of or compliance with safety programs,or for initiating, maintaining,
monitoring or supervising the implementation of such programs or the procedures and precautions
associated therewith,or for the coordination of any of the above,nor shall Architect be responsible for
the adequacy or completeness of any of the above safety programs,procedures or precautions
b. Client understands that Architect shall not be liable in anyway for errors made by Client,their agents
or employees. This Includes, but is not limited to, any errors made by wrong interpretations of the
Architect's drawings, reports, comments, and recommendations, or Client's decision to deviate from
them.Furthermore Client,at their own expense,will defend,indemnify,and hold the Architect harmless
from any claim made or threatened against the Architect, any suit or proceeding brought against the
Architect, as well as any incidental, consequential or associated damages, costs, losses, delays, or any
other charges which may be the result of such errors made by the Client,their agent or employees.
4. Limited Scope: This Agreement is limited to access compliance issues for the architectural elements only.
Other existing conditions, including but not limited to, hazardous materials abatement,soil conditions,
structural system, mechanical system,electrical system,fire protection,Egress,or other similar building
systems, or non-building issues such as employment,transportation,telecommunication issues are not
included within the scope of this Agreement.
END
PAGE 3 OF 3
Standard Terms and Conditions of Agreement Page iof 1
1. Payments: Payment for professional services and expenses are normally 6. Performance: Architect shall perform its services in a manner consistent with
billed upon completion of work in the case of short duration projects, or the level of care and skill ordinarily exercised by members of Architect's
monthly for longer duration projects.Payments are due upon receipt of the profession currently practicing in the same locality under similar conditions
Architect's invoice. Invoices remaining unpaid after thirty(30) days from and with reasonable diligence and expediency consistent with sound
receipt shall be subject to a service fee of 10% per month,and Architect professional practices("Standard of Care"). Client and Architect are aware
reserves the right to pursue all appropriate remedies. Client shall be that many factors outside the Architect's control may affect the Architect's
responsible for all costs,including,without limitation,court costs,collection ability to complete the services to be provided under this Agreement. Client
costs,reasonable attorneys'fees,expert fees,and all other costs allowed by agrees that Architect is not responsible for damages arising directly or
law,which may be incurred by Architect in pursuit of unpaid invoices. No indirectly from any delays for causes beyond Architect's control. For
deductions shall be made from Architect's compensation on account of purposes of this Agreement, such causes Include, but are not limited to,
penalty, liquidated damages or other sums withheld from payments to strikes or other labor disputes;severe weather disruptions or other natural
contractors, or on account of the cost of changes in the work other than disasters;fires,riots,war or other emergencies or acts of God;failure of any
those for which Architect has been adjudged to be liable. Inquiries and government agency to act in a timely manner;failure of performance by
questions regarding any invoice shall be made within ten(10)working days Client or Client's contractors or Architects; or discovery of any hazardous
of receipt of the invoice. Failure to notify Architect within the specified substances or differing site conditions.
period will constitute a waiver to any claim with respect to the content or 7. Governing Law;Dispute Resolution: The parties agree to first try in good
accuracy of the invoice,as well as acceptance of the services provided. faith to settle any dispute arising out of or related to this Agreement by
2. Termination: Either party may terminate this Agreement upon not less than mediation pursuant to the Construction Industry Mediation Rules of the
seven (7) calendar days written notice should the other party fail to American Arbitration Association.The cost of the mediation service shall be
substantially perform in accordance with this Agreement through no fault of born equally by the parties. If the claim or controversy is not settled by
the party initiating the termination.In addition,if the Project is abandoned mediation,the claim or controversy may be resolved by final and binding
by the Client for more than sixty (60) consecutive calendar days, the arbitration,if the parties so agree,or by civil litigation. This Agreement shall
Architect may terminate this Agreement. Finally, if Client fails to make be governed by the laws of the State of California,and all dispute resolution
payments when due or otherwise is in breach of this Agreement,Architect proceedings shall be venued in the county In which the services are
may,at its option,suspend performance of services upon five(5)calendar rendered in the State of California unless the parties mutually agree
days' notice to Client.Architect shall have no liability whatsoever to Client otherwise.
for any costs or damages as a result of such suspension caused by any 8. Certificate of Merit Requirement: The Client shall make no claim for
breach of this Agreement by Client.Upon payment in full by Client after a professional negligence, either directly or by way of a cross complaint
suspension,Architect shall resume services under this Agreement,and the against the Architect unless the Client has first provided the Architect with a
time schedule and compensation shall be equitably adjusted to compensate written certification executed by an independent consultant currently
for the period of suspension. If Client still fails to make payment or practicing in the same discipline as the Architect and licensed in the state
otherwise cure the breach following a suspension of services,Architect may where the Project is located.This certification shall:a)contain the name and
terminate this Agreement upon an additional seven(7)days'notice. license number of the certifier; b) specify the acts or omissions that the
3. Sole Corporate Remedy: It is intended by the parties to this Agreement that certifier contends are not in conformance with the Standard of Care for an
Client's obligations and Architect's services in connection with the Project architect performing professional services under similar circumstances;and
shall not subject Client's or Architect's individual shareholders,employees, c) state in detail the basis for the certifier's opinion that such acts or
officers or directors to any personal legal exposure for the risks associated omissions do not conform to the Standard of Care.This certificate shall be
with this Project. Therefore,and notwithstanding anything to the contrary provided to the Architect not less than thirty(30)calendar days prior to the
contained herein, Client and Architect agree that as the sole and exclusive presentation of any claim or the institution of any arbitration or judicial
remedy against the other,any claim,demand or suit shall be directed and/or proceeding.This Certificate of Merit clause will take precedence over any
asserted only against the business entities that are the parties to this existing state law in force at the time of the claim or demand for arbitration.
Agreement and not against any of Client's or Architect's individual 9. Waiver of Consequential Damages: Notwithstanding any other provision in
shareholders, employees, officers or directors except for acts of willful this Agreement,and to the fullest extent permitted by law,neither Architect
misconduct or as otherwise prohibited by law. nor Client, their respective officers, directors, partners, employees,
4. Indemnification: contractors or sub consultants shall be liable to the other for,or shall make,
a.Architect agrees to indemnify and hold Client harmless from and against any claim for any incidental,indirect or consequential damages arising out
all claims, liabilities, suits, demands, losses, costs and expenses (including of or connected in any way to the Project or to this Agreement.This mutual
reasonable attorneys'fees and costs of defense) ("Claims"),to the extent waiver of consequential damages shall include,but is not limited to,loss of
such Claims are determined by a court of competent jurisdiction or use,loss of profit,loss of business,loss of income,damage to reputation or
arbitrator to have been caused by the negligence or willful misconduct of any other consequential damages either party may have incurred from any
Architect. This obligation shall not apply to the extent said Claims arise out cause of action including negligence,strict liability, breach of contract and
of,pertain to,or relate to the negligence of Client or Client's other agents, breach of strict or implied warranty.
other servants,or other independent contractors,including the contractor, 10.Limitation of Liability:In recognition of the relative risks and benefits of the
subcontractors of contractor or other consultants, or others who are Project to both Client and Architect relating to Architect's provision of
directly responsible to Client, or for defects in design or construction services in accordance with this Agreement,the risks have been allocated
furnished by those persons. such that Client agrees, that to the fullest extent permitted by law, the
b.Client agrees to indemnify and hold Architect harmless from and against Architect's total liability to the Client,for any and all injuries,claims,losses,
all claims, liabilities, suits, demands, losses, costs and expenses (including expenses or damages whatsoever arising out of or in any way related to the
reasonable attorneys' fees and costs of defense), to the extent they are Project or this Agreement from any cause or causes, including but not
determined by a court of competent jurisdiction or arbitrator to have been limited to the Architect's negligence,errors,omissions,and/or breach of
caused by the negligence or willful misconduct of Client. contract shall not exceed the total compensation received by the Architect
c. Neither party shall have an upfront duty to defend the other but shall under this Agreement.
reimburse reasonably incurred defense fees and costs to the extent of its 11. No Third Party Beneficiaries: Nothing contained in this Agreement shall
indemnity obligation herein or as the parties otherwise agree in settlement create a contractual relationship with or a cause of action in favor of a third
S. Independent Contractor: Client is engaging Architect as an independent party against either Client or Architect.
contractor,and not as an agent,employee,director or partner of Client.The 12. Integrated Agreement: California law governs this Agreement which
parties agree that this Agreement does not establish a joint venture, represents the entire integrated agreement between the Architect and the
employment or agency relationship. Nothing contained in this Agreement Client. This Agreement supersedes all prior negotiations, representations
or any action by Architect shall be construed to impose a fiduciary duty on and agreements.This Agreement may be amended only in writing signed by
Architect or create a fiduciary relationship between Architect and Client or both the Architect and the Client.
between Architect and any third party.
January 2015 STC-s AA Architecture,Interior Planning&Design
REATA PARK&EVENT CENTER
ADA(AND SAFETY) EVALUATION OF EQUESTRIAN FACILITIES
SCOPE OF WORK SUMMARY
DESCRIPTION OF WORK REFERENCE
I. Perform a general field review of existing equestrian facilities w/City staff to identify any ADA Figure A
accessibility and safety concerns within areas as shown on Figure A(attached).
II. Review the following items(public requests)for ADA accessibility and/or safety,and provide
recommendation for corrective action:
a. Evaluate the ADA horse mounting space between the edge of the equestrian assistant platform Photo 1
and the edge of the equestrian ADA mounting ramp(mounting area,width,etc.)
b. Evaluate the equestrian gate in close proximity to the ADA mounting ramp that leads into the Photos 1 and 4
arena(gate swing,"rail"height,width,etc.)including the pathway between the ADA mounting
ramp and arena(corral).
c. Evaluate existing gate"rail"'heights for horse corrals and pens. Current"rail"height may be set Photos 3
between 6'to 7' high from finish ground. through 6
d. Evaluate the main horse pen configuration. Original configuration on plan indicates 4 pens per row Photos 5 and 6
by 2 rows with gates on each row facing each other,and a row separation at about 20'.
Constructed facility is 5 pens per row by 2 rows,with the two rows placed back-to-back of each
other. Opening width for ingress/egress is approximately 10'for both rows.
e. Evaluate the hitching posts(2)located adjacent to the ADA mounting ramp. Note that there are no Photo 2
existing fencing that enclose the hitching posts area.
f. Evaluate existing circular equestrian corral's diameter. Photo 3
III. Provide deliverables to the City in a form of a Letter Report with findings and recommendation for
corrective measures.
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Main Horse Pens (10) — Back
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