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HomeMy WebLinkAbout45-Planning CITY OF SAN BER, ARDINO - REQUEST OR COUNCIL ACTION From: Larry E. Reed, Director HEC'O,-fSilb\ect:C05t1SUltant Contract Agreenent For An Historic Resources SUrvey Of '!he City Dept: Planning and BuIlding Services ;u': - g ,,-:: 3 Mayor and Council t~ting of !'EY 21, 1990, 2;00 p.m. Date: May 2, 1990 Synopsis of Previous Council action: On June 2, 1989, the Mayor and Ccmron Council adopted the C-.eneral Plan which includes an Historic and Archaeologic Resources Eletent. On June 5, 1989, the Mayor and Ccmron Council approved and adopted the Carmunity Developrent Block Grant (mBG) Funding for Fiscal Year 1989/1990 for applications in the Administration Category. On December 18, 1989, the Mayor and Ccmron Council adopted the Urgency Historic Structure Derrolition Ordinance and appointed a five (5) rranber Task Force. Recommended motion: '!hat the ~Eyor and Ccmron Council adopt the Resolution authorizing the execution of an agreerrent with Architect !1ilford ~layne Donaldson, A.LA., Inc. for an Historic Resources SUrvey. ~ ~~e.~-'- I Signa re Contact person: Larry E. Reed Supporting data attached: Staff Report Phone: 384-5057 Ward: Ci'cv-wide FUNDING REOUIREMENTS: Amount: $60, JJG. 00 Source: (Acct. No.) Conrnunity Developrent :clock Grant (mBG) Funding (Acct. Description) '\ Finance: ~ "(] "-' Council Notes: 75-0262 Agenda Item NO'_~ CITY OF SAN BERtr '\RDINO - REQUEST r 'R COUNCIL ACTION STAFF REPORT SUBJECT: CONSULTANT CONTRACT AGREEMENT RESOURCES SURVEY OF THE CITY FOR AN HISTORIC MAYOR AND COUNCIL MEETING OF MAY 21, 1990 REOUEST Planning staff is requesting that the Mayor and Common council adopt the Resolution authorizing the execution of an agreement with Architect Milford Wayne Donaldson, A.I.A., Inc. for an Historic Resources Survey of the city. BACKGROUND On June 2, 1989, the Mayor and Common Council adopted the General Plan which included an Historical and Archaeological Resources Element. This element requires the city to survey and inventory all historic, cultural, architectural and archaeological resources in the city. Funding in the amount of $25,000.00 was provided for the Historic Resources Survey (Survey) on June 5, 1989, when the Mayor and Common Council approved and adopted the Community Development Block Grant (CDBG) Funding for Fiscal Year 1989/1990. During the consultant selection and interview process for the survey, it was determined, based on proposals received, that $25,000.00 would not cover the Survey costs. As a result, staff submitted an additional CDBG Grant application requesting $35,000.00 from the Fiscal Year 1990/1991 Funding. If approved, the funding for the Historic Resources Survey will be increased to $60,000.00. The CDBG Funding Program for Fiscal Year 1990/1991 will be reviewed by the Mayor and Common Council on May 21, 1990. On December 18, 1989, the Mayor and Common Council adopted the Urgency Historic Structure Demolition Ordinance (MC-694). In addition to providing a review process for applications for demolition of pre-194l buildings, MC-694 established a five (5) member Historic Preservation Task Force. The Mayor, with the concurrence of the Common Council, appointed the Task Force members at that same meeting. As outlined in the Ordinance, the duties of the Task Force include overseeing the development of the Historic Preservation Program and Historic Resources Survey. 75-0264 In December 1989, the Task Force directed staff to prepare and transmit a Request for Proposal (RFP) to consultants qualified to complete historic preservation projects. In response to the RFP, the City received six project proposals. Staff and the Task Force reviewed the proposals and all six consultants were interviewed. Based on the interviews and reference checks, staff determined that Architect Milford Wayne Donaldson, A.I.A., Inc. would be best qualified to conduct and complete the Historic Resources Survey of the City. RECOMMENDATION Staff recommends that the Mayor and Common Council adopt the Resolution authorizing the execution of an agreement with Architect Milford wayne Donaldson, A.I.A., Inc. for an Historic Resources Survey. Prepared by: Deborah Woldruff, Associate Planner for Larry E. Reed, Director of Planning and Building Services Exhibit "A" - Draft Resolution DWjsd M&CCAGENDA HISTORIC SURVEY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ARCHITECT MILFORD WAYNE DONALDSON, A.I.A., INC. FOR A HISTORIC RESOURCES SURVEY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City an Agreement with Architect Milford Wayne Donaldson, A.I.A., Inc. for a Historic Resources survey of the city, a copy of said agreement is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. IIII IIII IIII IIII IIII IIII 1. 1 RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH 2 ARCHITECT MILFORD WAYNE DONALDSON, A.I.A., INC. FOR A HISTORIC 3 RESOURCES SURVEY OF THE CITY. 4 I HEREBY CERTIFY that the foregoing resolution was duly 5 adopted by the Mayor and Common Council of the city of San 9 10 11 12 13 14 15 16 I 17 18 19 20 21 22 23 24 25 26 27 28 6 7 Bernardino at a meeting thereof, held on the day of , 1990, by the following 8 vote, to wit: Council Members ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER AYES ABSTAIN NAYS City Clerk The foregoing resolution is hereby approved this day of , 1990. Approved as to form and legal content: JAMES F. PENMAN, city Attorney !) By: ~/I~ (J -; ) 7 c:~~ . W.R. Holcomb, Mayor City of San Bernardino 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT (Historic Resources Survey) THIS AGREEMENT is made and entered into this day of , 1990, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "city" and Architect Milford Wayne Donaldson, A. LA., Inc., a California corporation with offices at 846 Fifth Avenue, suite 300, San Diego, California 92101 hereinafter referred to as "Consultant". WIT N E SSE T H: WHEREAS, Consultant represents that he has the degree of specialized expertise contemplated for conducting an Historic Resources Survey of the City of San Bernardino and holds all necessary licenses therefor to practice and perform the services herein contemplated; and WHEREAS, no official or employee of city has financial interest in the subject matter of this agreement contemplated within; and WHEREAS, Consultant declares that he shall perform the services herein contemplated in compliance with Federal and California laws, including but not limited to minimum hours and wages, fair employment, and occupational safety and health, to the extent same are applicable herein; and 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the parties hereto intend to set forth all their rights, duties, obligations and liabilities with respect to the work, project or activity contemplated herein and services to be performed by Consultant thereunder. NOW, THEREFORE, in consideration of the mutual promises of the parties, and other good and sufficient consideration, the parties agree to the following terms, conditions and covenants: City does hereby appoint Consultant in a contractual capacity to perform the following services in accordance with the terms and conditions hereinafter set forth: 1. CITYWIDE HISTORIC RESOURCES SURVEY Consultant shall, at the request of the Director of Planning and Building Services, conduct a citywide Historic Resources Survey (Survey) of pre-1950 buildings and structures. The objective of the Survey is to identify the City's architectural and historical resources and to contribute toward certification of the city of San Bernardino as a certified Local Government by the State Office of Historic Preservation (OHP). The Survey shall be conducted as a reconnaissance type Survey and as such, shall be consistent with all applicable guidelines provided by the OHP and the "Secretary of the Interior's Standards and Guidelines" and as such, will serve as the basis for a preservation program for the city. 2. 1 The Consultant shall conduct the Survey in the following 3 4 5 6 7 8 9 10 11 12 2 phases: Phase I. Phase II. Phase III. Phase IV. Survey and Identification (data gathering and field reconnaissance) Verification Survey Documents Preparation of Historic Resources Survey Report The data collected during the Historic Resources Survey shall be compiled into two documents: A Survey Report and a Thematic Map. SURVEY REPORT: The Survey Report shall integrate all of the Survey data. It will include the following information: a 13 description of Survey methodology and the extent of 14 Survey coverage; the kinds of properties present in the 15 Survey area; the specific properties that were identified 16 17 18 and categories of information collected; the identification and exhibiting potential recommendations concerning areas for designation as Historic 19 Districts, establishment of Historic Preservation Overlay 20 Zones and nomination of areas and properties to the 21 National Register of Historic Places; and, areas examined 22 that did not contain pre-1950 buildings and structures. 23 A Tabular List of buildings and structures shall be 24 included as an appendix to the Survey Report. The format 25 for the Tabular List shall be provided by the city. The 26 Tabular List shall include the following information for 27 each pre 1950 building or structure: 28 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. Address and/or location 5':- Assessor's Parcel Number c. Construction date (approximate to within 10 years) d. Architectural style(s) (brief description) e. Construction types(s) (brief description) f. Indication of exemplary or unique architectural style or historic theme (if applicable) The state of California Resources Agency, Department of Parks and Recreation Historic Resources Inventory form DPR 523 (Rev. 11/89) will not be completed in this contract. A Photographic Record also shall be included as an appendix to the Survey Report. The Photographic Record shall consist of black and white photographs of the front elevation of each building and structure surveyed. Each photograph shall be referenced to the building or structure it represents in the Tabular List. Prior to the final submittal of the Survey Report, the Consultant shall provide the City with a screen check draft. The Consultant shall provide the City with one camera-ready copy of the completed Historic Resources Survey Report and its appendices. The negatives for the Photographic Record shall become the property of the City and shall be submitted with the survey Report. 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- - All data from the Survey shall be assimilated into an electronic database to allow for ease of access, storage and manipulation. The database format shall be developed using a commercially available database package. The City shall have final approval of the database submittal. All electronic records resulting from the Survey shall become the property of the City at project conclusion. THEMATIC MAP: The Thematic Map shall be plotted at 1":1000' scale to display the following information: a. General distribution of pre-1950 buildings, structures and neighborhoods representing different architectural styles, periods and modes of construction. b. Individual buildings and structures which exhibit exemplary or unique architectural style and/or historic themes. c. Areas exhibiting potential for designation as Historic Districts and/or Historic Preservation Overlay Zones. The Consultant shall provide the City with one reproducible copy of the Thematic Map. CONSULTANT RESPONSIBILITIES: The Consultant is responsible for the completion of the Survey and for the completion and submittal of the document and database described herein within six months 5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of contract approval by the Mayor and Common Council. The consultant shall attend a maximum of ten (10) meetings (staff/Public meetings) including an all-day project orientation with staff at Survey commencement. CITY RESPONSIBILITIES: The City is responsible for providing or preparing the following items: a. Mailing lists and distribution of notices if required. b. Printing of the Survey Report and Appendices. c. Reproduction of the Thematic Map. d. Preparation of staff reports to the Historic Preservation Task Force (Commission, as applicable). e. provision of tabular survey forms, 1":1000' scale base maps and Assessor Parcel Maps of the city. f. provision of the Historical and Archaeological Resources Element of the City's General Plan. g. provision of all maps and documents relating to Historic Preservation as prepared by the City to date. h. Determination of the area and districts to be included in the Survey and level of detail. i. provision of any additional assistance deemed necessary by the city. 6 . 10 1 2 2. SURVEY PRINCIPALS. The Consultant shall assign two of its personnel to 3 act as Survey Principals for the duration of this 4 Agreement. Survey Principals shall be Milford Wayne 5 Donaldson, Corporate Architect and Karen S. Cormier, 6 7 8 Project Manager. The Survey Principals shall oversee, manage, conduct and complete the Survey and act as points of contact. The personnel assigned as Survey Principals 9 cannot be changed without prior written consent of the city. A change of a Survey Principal without said 11 consent constitutes a material breach and is grounds for 12 termination of this Agreement by the City. 13 14 15 16 17 18 19 20 3. COMPENSATION OF CONSULTANT. The Consultant shall be compensated on a per hour basis of actual time spent conducting and completing the Survey. The Consultant shall invoice the City monthly for service rendered. The City shall pay the invoice amount minus ten percent (10%) which will be placed in an escrow account to be paid 30 days after submittal of camera ready documents. The monthly invoice shall be 21 itemized per task and Survey phase. Fees for each phase 22 of the Survey shall be as follows: 23 24 25 26 27 28 Phase I Phase II Phase III Phase IV Survey Identification Verification Survey Documents Preparation of Historical Resources Survey Report TOTAL $53,530 $31,100 6,680 8,780 6,970 Total fees paid to the consultant for compensation 7. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 shall not exceed $53,530. (Fifty Three Thousand Five HundraQ.. Thirty Dollars.) The fees associated with Survey Phases are based on 10,000 pre-1950 buildings and structures citywide. 4. REIMBURSABLE EXPENSES. Reimbursable consist of actual Expenses shall expenditures made by the Consultant and the Consultant's employees in the interest of the city's Historic Resources Survey. Reimbursable expenses shall be itemized and invoiced against the following categories and amount: Travel Expense Photographic Expenses Computer Transfer TOTAL $ 700 4,170 500 $ t>, 310 The total for Reimbursable Expenses in addition to the Consultant's Compensation shall not exceed $5,370. 16 17 18 19 20 21 22 (Five Thousand Three Hundred Seventy Dollars). 5. TOTAL SURVEY COST. The total Survey cost, combined from paragraphs 3 and 4, shall not exceed $58,900 (Fifty Eight Thousand and Nine Hundred Dollars). 6. TERMINATION. The City or Consultant may terminate this Agreement 23 24 25 26 27 28 for any reason at any time. Written notice of termination from one party must by submitted to the other party by certified mail fifteen (15) days prior to the date of Agreement termination. In this event, the Consultant 8. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall be paid the reasonable value of service rendered to the date of termination. In the event of any such termination, Consultant shall provide to city, without charge, all documents, notes, maps, reports and data accumulated to the date of such termination. Consultant further convenants to give its good faith cooperation in the transfer of the work to the City following such termination, and to attend and participate in any meetings at no cost to City as shall be deemed necessary by the Director of Planning and Building services to effectively accomplish such transfer. 7 . WARRANTY. Consultant expressly warrants that its work will be performed with care, skill, reasonable expedience, and faithfulness and that work performed shall be fit and proper for its intended use. 8. INDEMNIFICATION. Consultant agrees to indemnify, defend and hold harmless city, its agents, officers and employees from and against any and all liability, expense and claims for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damages arising from or connected with Consultant's negligent acts, errors and ommissions or its performance under this Agreement. 9. INSURANCE. Without limiting Consultant's indemnification of City 9. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as stated in Paragraph 8, above, Consultant shall provide and m~tain at its own expense during the term of this Agreement the following policy or policies of insurance covering its performance under this Agreement: a. General Liability and Professional Liability: Such insurance shall include, but not be limited to, comprehensive general liability and professional liability coverages with a combined single limit of not less than (FIVE HUNDRED THOUSAND DOLLARS) $500,000 per occurrence. Such insurance shall name the City of San Bernardino as an additional insured. b. Workers' Compensation: Consultant shall cover its employees with Workers' Compensation insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California. 10. PROHIBITION AGAINST TRANSFERS. a. Consultant shall not assign, sublease, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of the City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, or transferee shall acquire no right or interest by reason of such attempted assignment, lease or transfer. b. disposition assignment, transfer or other the issued and outstanding capital The sale, of any of 10. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co-tenant of Consultant which is an action resulting in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty (50%) percent or more of the voting power of the corporation. 11. ANTI-DISCRIMINATION. Consultant certifies and agrees that all persons employed by Consultant, its affiliates, subsidiaries or holding companies are and will be treated equally by Consultant without regard to or because of race, religion, ancestry, national origin, age or sex and in compliance with State and Federal Anti-Discrimination laws. Consultant further certifies and agrees that it will deal with its Subcontractors, Bidders and Vendors without regard to or because of race, religion, ancestry, national origin, age or sex. 12. RELATIONSHIP OF PARTIES. Consultant is acting as an independent contractor and not as an employee of the City. In the performance of personal services pursuant to the provisions of this Agreement, Consultant shall not be supervised, directed, or under the control or authority of any City officer or employee, except and to the extent as may be expressly or implicitly required by the terms and provisions of this Agreement. Any direction or control so required under this Agreement shall be limited to broad objectives or 11. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 goals of the project or program to be accomplished and not 2 3 4 5 6 to the- details and to accomplish procedures such objectives and goals. Consultant shall not be obligated to conform to the supervision or direction of City officers of employees which are not authorized herein. Changes or modifications of said objectives and goals may be made by written recommendation of either party subject 7 I I 81 to the concurrence of the other party in writing. 13. CONFLICT OF INTEREST. a. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the Act), which (1) requires such persons to disclose may financial interest that foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests. b. Consultant shall conform with applicable requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. c. Consultant agrees that during the term of this agreement, he shall not enter into or be a party to any contract for work to be performed within the City of San Bernardino with private parties who may foreseeably be materially affected by the work to be performed under this 12. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Agreement. 2 d. Consultant agrees that he shall comply with 3 all applicable conflict of interest laws, including local, 4 state, federal, and common law. 14. INSPECTION. The City, in reference to any request for payment submitted by the Consultant for services under this Agreement, shall have the right to examine and audit the records of the Consultant pertaining to this Agreement, to verify such payment. 15. AUTHORITY. Each of the parties of this Agreement represents that the person signing on behalf of such party has authority to do so. 16. CONSULTANT TO ABIDE BY LAWS. Consultant is required to abide by all Federal, State and Local law applicable to its performance under this Agreement. 17. NOTICES. Any notice required or desired to be given pursuant to this Agreement shall be given in writing, and sent by certified mail, return receipt requested, addressed as follows: City Consultant Director of Planning and Building Services City of San Bernardino Third Floor 300 North "D" Street San Bernardino, CA 92418 Architect Milford Wayne Donaldson, A.I.A., Inc. 846 Fifth Avenue suite 300 San Diego, CA 92101 13. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any notice so given shall be considered served on the other party three days after the date of mailing. The address for notice may be changed by giving notice pursuant to this paragraph. 18. ENTIRE AGREEMENT. This contract constitutes the entire Agreement between City and Consultant and may be modified only be further written agreement between parties. IIII IIII IIII IIII IIII IIII IIII IIII IIII 14. 10 11 1 19. IMPLEMENTATION. 2 The City shall provide Consultant with written 3 notice in advance of the date at which these services are 4 to be implemented. 5 20. ATTORNEY'S FEES. 6 In the event that an action is filed by either party 7 to enforce rights under this agreement, the prevailing 8 party shall be entitled to recover reasonable attorney's 9 fees in addition to any other relief granted by the court. IN WITNESS WHEREOF, the city Council of the City of 12 San Bernardino has caused this Agreement to be subscribed 13 by the Mayor, and the seal of said Council to be hereto 14 affixed and attested by the Clerk thereof, and Consultant 15 has executed this Agreement, the day, month and year 16 17 18 19 20 21 22 23 24 25 26 27 28 first above written. ATTEST: CITY OF SAN BERNARDINO city Clerk W. R. Holcomb, Mayor ARCHITECT MILFORD WAYNE DONALDSON, A.I.A., INC. By: Approved as to form and legal content: James F. Penman, City Attorney By: ) d'7/r--~ ~?,,,f'-X1=- ~ --/ 15. Ii i ,"l PRODUCER o ROBSON, CAVIGNAC & ASSOC P. O. BOX 80187 SAN DIEGO CA 9213R- ~li~llii~ij~ifj,~il~~ji~~i~i~JIII;j~~lllll~'lj~ill~~~~~,;~,:,";""':E~~"~;~iDO~ THIS CERTIFICATE IS IssueD AS A MATTEA OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Does NOT AMEND. EXTEND OR At TER THE COVERAGE AFFORDED 8YTHE POLICIES BELOW COMPANIES AFFORDING COVERAGE INSURED ILFORD W. DONALDSON P. O. BOX 127960 SAN DIEGO, CA 92112-7960 COMPANY A LETTER COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E lETTER AMERICAN MOTORISTS INS. CO. CONTINENTAL INSURANCE COMPANY LEXINGTON INSURANCE COMPANY -- ;, ' I ....,: n " . 'j I I i; I I .~ I -.-' , 1" ' \. .. ! 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PROPERTY DAMAGE . S THE AGGREGATE LIABILITY IMIT APPLlCABL FOR THE POLICY TERM MAY HAVE BE N REDUCED BY PAID LOSSES AND/OR EXPENSES ~b~~NED S PERSONAL INJURY AUTOMOBilE LIABIUTY ANY AUTO ALL OWNED AUTOS ( PRIV PASS) ALL OWNED AUTOS (~~:t 1.~~~ ) HIRED AUTOS NoN.OWNED AUTOS GARAGE LIABILITY BODILY INJURY (PER PER) $ BODILY INJURY (PER ACC) $ PROPERTY DAMAGE $ BIAPD COMBINED s EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM BIAPD COMBINED $ WORlCER"S COMPENSATION AND eMPLoYEIrS LIABILITY 3CW14399402 09/01/89 09/01/90 STATUTORY S 1 000 (EACH ACCIDENT) . 1 000 (DISEASE.PDLICYLMT) s 1 000 (DISEASE. EACH EMPL.) $500,000. 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