HomeMy WebLinkAboutHeritage Architecture & Planning; 2006-01-26;RATIFICATION OF AMENDMENT NO. 1 TO EXTEND THE AGREEMENT
FOR ARCHITECTURAL SERVICES
FOR BARN RESTORATION AT LEO CARRILLO RANCH HISTORIC PARK
Heritage Architecture and Planning
This Ratification of Amendment No. 1 is entered into
, but effective January 26 2007, extending the underlying initial agreement
between the Parties dated January 26. 2006 (the "Agreement") by and between the City
of Carlsbad, a municipal corporation, ("City"), and Heritage Architecture and Planning. Inc..
a corporation. ("Contractor") (collectively, the "Parties").
RECITALS
A. On January 26, 2006, the Parties executed an Agreement for Architectural
Services for the Barn Restoration at Leo Carrillo Ranch Historic Park; and
B. Contract stated completion of work to be within 180 days as stated in the scope
of services on Exhibit A-1; and
C. Unforseen circumstances outlined below in regard to review by the State Historic
Office of Preservation and resulting re-design for the project were necessary to meet the
requirements of the Save America's Treasure's Grant; and
D. State Office of Historic Preservation had issues of concern with the Preliminary
Schematic Design; and
E. Contractor revised plans to address the State Office of Historic Preservations
initial review for the 50% review of plans for the Barn Stabilization project and submitted them in
December of 2006; and
F. Section 106 Consultation for the Leo Carrillo Ranch Historic Park, Save
America's Treasures Grant, Condition #20 requires a review and a finding of "no adverse effect"
pursuant to 36 CFR,8005(b) by the State Office of Historic Preservation Office and response to
Schematic Design; and
G. City received approval from State Office of Historic Preservation of 50% plans in
January 2007; and
H. Contractor proceeded to complete plans for Task II outlined in the Scope of
Services; Attached hereto as Exhibit A-1; and
I. Additional time will be required for the final review of plans and specifications that
were submitted to the State Office of Historic Preservation on April 5, 2007; and therefore
J. The Parties desire to ratify the amendment extending the term of the Agreement,
and any amendments thereto, for a period of 1 Year ending on January 26. 2008
City Attorney Approved Version #04.11.01
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. Amendment No. 1 to the Agreement, is hereby retroactively approved and
the Agreement is hereby extended for a period of 1 year . ending on January 26. 2008.
2. Contractor will perform their services set forth in Exhibit A-1 ( Attached hereto
and incorporated herein) as modified based upon requirements of City or State Office of Historic
Preservation.
3.All other provisions of the Agreement, will remain in full force and effect.
4. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
5. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
*By:
(sign here)
f.
(print name/title)
(e-mail address)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
U
City Manager or Mayor
ATTEST:
ZORRAlKlfe M. WOQ0 ) '
/Citv ClerV ^
(e-mail address)
City Attorney Approved Version #04.11.01
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BA^Clfr Attorney
uty City Attorney
REV. 05/08/2007
HERITAGE
ARCHITECTURE & PLANNING
LEO CARRILLO RANCH BARN THEATER / MULTI-PURPOSE SPACE
ARCHITECTURAL SERVICES
November 7, 2005
SIGNIFICANCE
Leo Carrillo Ranch (Rancho de los Kiotes) is a Spanish-style Rancho constructed between 1937 and
1940. Skillfully combining Spanish-colonial, Mexican, Pueblo, and California Rancho architectural
influences, seventeen original historic resources remain intact today as part of the 27-acre Ranch
complex and public park. A designated local, and State Historic Landmark (#1020, 1991), Carrillo
Ranch was officially listed on the National Register of Historic Places in 1992.
In August 2003, after completion of the second phase of a three-phase restoration and infrastructure
improvement project, the City of Carlsbad opened the historic rancho and park to the public. With
an emphasis on education and passive recreation, Carrillo Ranch provides both guided and self-
guided walking tours of the historic buildings and grounds, as well as innovative field trip
opportunities for more than 1,000 local area school children on an annual basis.
A. SCOPE OF WORK
TASK I: Initial Organization / Schematic Design
1. Heritage Architecture and Planning (Heritage) shall attend one meeting with the
City of Carlsbad to verify program requirements and project budget. Intended
uses include a large multi-purpose space for theater use, meetings, and
orientation, an office, unisex toilet, and storage. Project scope is based on the
Leo Carrillo Ranch Barn Stabilization/Restoration Report dated March 7, 2005.
Any additional meetings shall be considered Additional Services.
2. Investigate the site with necessary consultants.
3. Photograph portions of the site for reference.
4. Verify field measurements.
5. Analyze, evaluate, correlate and organize information.
6. Confirm information with the City.
7. Produce measured drawings of the existing conditions to be used as base
drawings for the documents.
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625 BROADWAY, SUITE 800, SAN DIEGO, CA 92101 TEL: 619.239.7888 EMAIL: HERITAGE@HERITAGEARCHITECTURE.COM FAX: 619.234.6286
w \a IT A -1
HERITAGE
ARCHITECTURE & PLANNING
TASK II: Construction Documents
Based upon approved Schematic Design Plans, Heritage will prepare complete
Construction Drawings and Specifications for the build-out for the Theater / Multi-
purpose Space Project. The Construction Drawings will contain all information
necessary to construct the project.
1. Heritage will provide services necessary to prepare detailed drawings,
specifications, engineering calculations and required architectural systems for
approval by the City of Carlsbad. Construction documents shall be performed
on AutoCAD and shall be reviewed by the City at 75% and final 100%
document stages.
2. Specifications. Heritage will provide specifications for proposed architectural,
structural, and electrical systems. Specifications will use CSI format and shall be
prepared on Microsoft Word software.
3. Heritage will meet with City staff to discuss the project's progress.
B. PROJECT SCHEDULE
Heritage Architecture and Planning will coordinate with the City of Carlsbad to
formulate a project schedule that will meet the needs of the project and will satisfy
the Save America's Treasures Grant Stipulations and Timeline.
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625 BROADWAY, SUITE 800, SAN DIEGO, CA 92101 TEL: 619.239.7888 EMAIL: HERITAGE@HERITAGEARCHITECTURE.COM FAX: 619.234.6286
A-\
HERITAGE
ARCHITECTURE & PLANNING
C. FEE SCHEDULE
The total fee for the work described in EviMl3lTjfo-lis Ninety thousand, eight
hundred seventy dollars ($90,870) with payments invoiced monthly as the work
progresses. The fee is based upon our understanding of the scope of work as shown
in 1Ei.>mv(*,\T A- I Estimated compensation is included below:
LEO CARRILLO RANCH - BARN THEATER / MULTI-PURPOSE SPACE
TASK RATE HOURS COST
Task I Initial Organization / Schematic Design
• Senior Principal $ 185 4 $ 740
• Project Architect $ 115 40 $ 4,600
• Intermediate Draftsperson $ 75 60 $ 4,500
• Clerical $ 55 8 $ 440
Subtotal for Task I $ 10,280
Task II Construction Documents
• Senior Principal $ 185 8 $ 1,480
• Project Architect $ 115 80 $ 9,200
• Specification Writer $ 85 60 $ 5,100
• Intermediate Draftsperson $ 75 160 $ 12,000
• Clerical $ 55 12 $ 660
Subtotal for Task II $ 28,440
SUMMARY OF COSTS
• Heritage Architecture & Planning $ 38,720
• Melvyn Green & Associates $ 12,800
• Bechard & Associates $ 14,400
• RBF Consulting $ 19,050
• Leverton & Associates $ 3,400
Total $ 88,370
Reimbursable Expenses $ 2,500
GRAND TOTAL $ 90,870
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625 BROADWAY, SUITE 800, SAN DIEGO, CA 92101 TEL: 619.239.7888 EMAIL HERITAGE@HERITAGEARCHITECTURE.COM FAX: 619.234.6286
y
AGREEMENT FOR ARCHITECTURAL SERVICES
FOR BARN RESTORATION AT LEO CARRILLO RANCH HISTORIC PARK
Heritage Architecture & Planning
THIS AGREEMENT is made and entered into as of the <0<- day of
v 1/hULt &&-*</ 2QQfa, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Heritage Architecture & Planning, a corporation
("Contractor").
RECITALS
9
A. City requires the professional services of an architectural consulting firm
that is experienced in historical preservation to provide the necessary final design and
preparation of construction documents.
B. Contractor has the necessary skills, qualifications and experience in
providing professional services and advice related to historical building restoration and
has demonstrated their expertise, knowledge of and positive past performance in
regards to similar work at the project site.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one year from the date first
above written. The City Manager may amend the Agreement to extend it for (1)
additional one year period or parts thereof in an amount not to exceed 10% per
agreement year. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will
prepare a written amendment indicating the effective date and length of the extended
Agreement.
City Attorney Approved Version #04.01.02
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement. The work under
this contract will begin within ten (10) days after receipt of notification to proceed by the
City and be completed within 180 calendar days of that date. Extensions of time may
be granted if requested by the Contractor and agreed to in writing by the City. The City
will give allowance for documented and substantiated unforeseeable and unavoidable
delays not caused by a lack of foresight on the part of the Contractor, or delays caused
by City inaction or other agencies' lack of timely action.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be Ninety thousand and eight hundred seventy dollars ($ 90.870 ). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. The City reserves the right to withhold a ten percent
(10%) retention until City has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
City Attorney Approved Version #04.01.02
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:V".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1.000.000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
City Attorney Approved Version #04.01.02
10
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
City Attorney Approved Version #04.01.02
tl
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
^d/7
Name Liz Ketabian Name /. //*>•
Title Park Planner Title
Department Recreation Department Address
City of Carlsbad <Sfr) «Pfe6Q, Cft-
Address 1200 Carlsbad Village Dr. Phone No. (M( *%fl _
_ Carlsbad. CA 92008
Phone No. 760-434-2978 _
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
City Attorney Approved Version #04.01.02
16. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City's Conflict of Interest Code is required
of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
City Attorney Approved Version #04.01 .02
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq.. the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
City Attorney Approved Version #04.01 .02
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
(e-mail address)
Bv: f-
(sign here)
(print name/title)
-mail address W") ^
By:^
(print name/title)
City Attorney Approved Version #04.01.02
CITY
corpon
iyor
LORRAINE M. WOOD
City Clerk
ATTEST:
If required by City, proper notarial acknowledgment of execution by w,,«^Mk—. , ^
must be attached. If a Corporation. Agreement must be signed by one corpof&tenm^sV
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
Deputy City Attorney
City Attorney Approved Version #04.01.02
EXHIBIT
SCORE OR SERVICES
HERITAGE
ARCHITECTURE & PLANNING
FEE SCHEDULE
The total fee for the work described in the Proposal is Ninety thousand, eight
hundred seventy dollars ($90,870) with payments invoiced monthly as the work
progresses. The fee is based upon our understanding of the scope of work as shown
in this Proposal. Estimated compensation is included below:
LEO CARRILLO RANCH - BARN THEATER / MULTI-PURPOSE SPACE
HOURS COST
Task I Initial Organization / Schematic Design
• Senior Principal $ 185 4 $ 740
• Project Architect $ 115 40 $ 4,600
• Intermediate Draftsperson $ 75 60 $ 4,500
• Clerical $ 55 8 $ 440
Subtotal for Task I $ 10,280
Task II Construction Documents
• Senior Principal $ 185 8 $ 1,480
• Project Architect $ 115 80 ft 9,200
• Specification Writer $ 85 60 $ 5,100
• Intermediate Draftsperson $ 75 160 $ 12,000
• Clerical $ 55 12 $ 660
Subtotal for Task II $ 28,440
SUMMARY OF COSTS
• Heritage Architecture & Planning $ 38,720
• Melvyn Green & Associates $ 12,800
• Bechard & Associates ft 14,400
• RBF Consulting ft 19,050
• Leverton & Associates $ 3,400
Total ft 88,370
Reimbursable Expenses ft 2,500
GRAND TOTAL $ 90,870
625 BROADWAY, SUITE 800, SAN DIEGO, CA 92101 TEL: 619.239.7888 EMrvIL: HERJTAGE@HERITAGEARCHITECTURE.COM FAX: 619.234.6286
77
HERITAGE
ARCHITECTURE & PLANNING
Schedule of Fees
Hourly Rates Basic Costs
Senior Principal $185.00/Hour
Principal $145.00/Hour
Project Manager $115.00/Hour
Project Architect $115.00/Hour
Project Historian $ 95.00/Hour
Preservation Planner $ 95.00/Hour
Specification Writer $ 85.00/Hour
Senior Designer $ 85.00/Hour
Senior Draftsperson $ 85.00/Hour
Report Writer $ 85.00/Hour
Intermediate Designer $ 75.00/Hour
Intermediate Draftsperson $ 75.00/Hour
Graphic Artist $ 75.00/Hour
Financial Controller $ 75.00/Hour
Research Assistant $ 65.00/Hour
Beginning Draftsperson $ 65.00/Hour
Clerical $ 55.00/Hour
Architectural Trainee $ 45.00/Hour
Miscellaneous
This category includes materials, services, and equipment, which are not covered in the hourly rate
schedule. Miscellaneous items include:
B/W Plots $15.00/Each
Color Plots $10.00/SF
Automobile mileage (over 30 mile radius from office) $ 0.485/Mile1
Travel and subsistence, per day At cost + 15%
Printing and photographic work At cost + 15%
Long Distance telephone and faxes At cost + 15%
Equipment rental At cost + 15%
Other Consultants Employed by the Client
Coordination of services from consultant employed by the Client will, in most cases, generate
additional work from Heritage Architecture & Planning and are not included in the fee. Heritage
Architecture & Planning can provide a separate fee proposal to the Client if additional coordination
is necessary.
1 2005 IRS Standard Mileage Rate (SMR)
625 BROADWAY, SUITE 800, SAN DIEGO, CA 92101 TEL: 619.239.7888 EMAIL: HEMTAGE@HERITAGEARCHITECTURE.COM FAX: 619.234.6286
HERITAGE
ARCHITECTURE & PLANNING
Terms
Payment for services is due upon presentation of the invoice. Invoices are normally rendered on a
monthly basis as either a partial or final billing.
This proposal is valid for 60 days. Thereafter, it shall expire unless extended in writing.
Reimbursable Expenses
Reimbursable Expenses described below shall occur, as necessary, and be billed by the Architect on
an itemized statement specifying the type of service and/or the material provided, copies of receipts,
if applicable, the position of the person providing the service, the person's hourly rate, the time
spent and the cost incurred to provide the service. Funding for the reimbursable expenses is
provided to pay the Architect for the various duties described below that do not lend themselves to
precise estimation on a lump sum basis, and for that reason is not included in the Basic Services.
Reimbursable Expenses, however, are essential to aid the Architect in the performance of the Basic
Services and Additional Services, when authorized.
• Printing and reproduction as required by the Consultant
• Film and Film processing as required by the Consultant
• Automobile Mileage/Travel related costs
• Long distance telephone/fax
• Equipment rental
• Report reproduction and expendable supplies (data duplication, historic maps,
historic photographs, field maps and graphics supplies).
Additional Services
The following services are available at an additional fee. This fee can be determined once the scope
of work is further defined.
• Public presentations.
• Video documentation.
• Professional photo work of archival quality.
• Study models.
• Professional renderings.
• Presentation model construction.
• Graphics design, signage, photo simulations.
• Independent field testing.
• Acoustical design.
• Environmental documentation and research.
• Archaeology.
• Landscape architecture.
• Drainage Study
• Erosion Control Plans
• Storm Water Pollution Prevention Plans
C:\HAP-PROJECTS\05041 - Leo Camllo Ranch - Barn CD's\Docs\proposal_buildout\pioposal_thcater buildout 09-27-05.doc
625 BROADWAY, SUITE 800, SAN DIEGO, CA 92101 TEL: 619.239.7888 EMAIL: HERITAGE@HERITAGEARCHITECTURE.COM FAX: 619.234.6286
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