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HomeMy WebLinkAboutContracts & Agreements_14-1990_CCv0001.pdf PROFESSIONAL SERVICES CONTRACT FOR PREPARATION OF A HISTORIC PROPERTIES SURVEY CITY OF REDLANDS 1. IDENTIFICATION This Contract is effective as of the —5th day of June, 1990, by and between the City of Redlands (hereinafter collectively referred to as ("CITY") and AEGIS (hereinafter referred to as "AEGIS") . 2 . RECITALS WHEREAS, CITY desires to retain AEGIS to perform professional planning services related to the preparation of Phase IV of Redlands historic properties survey; and, WHEREAS, AEGIS is well qualified by reason of education and experi- ence to perform such services; and WHEREAS, AEGIS desires to hire Tom Atchley as a subcontractor, and Mr. Atchley is also well qualified by reason of education and experience to perform such services; and WHEREAS, AEGIS is willing to render such professional services as hereinafter defined; and WHEREAS, AEGIS and Tom Atchley admirably conducted Phases II and III of the Redlands historic property surveys in 1986 through 1989, NOW, THEREFORE, for and in consideration of the mutual convenants and conditions herein contained, CITY hereby engages AEGIS, and AEGIS agrees to perform the following services. 3 . AGREEMENTS 3 . 1 Definitions: The following definitions shall apply to the following terms, except where the terms of this contract otherwise require: 3. 1.1. "Project" : The planning services or any portion thereof described in the attached Redlands Survey Proposal labeled Exhibit I and including the methodology and scope of work therein. 3. 1.2. "Services" : Such professional services as are necessary to be performed by AEGIS in order to complete the survey described in the aforesaid Exhibit I. 3 . 2 Agreements of AEGIS: AEGIS agrees as follows: 3.2.1. That AEGIS shall coordinate and prepare Phase IV of the Redlands historic survey resulting in an inventory in general compliance with standards of the State Office of Historic Preservation. AEGIS shall utilize the services of Tom Atchley as a subcontractor. AEGIS will prepare the survey in accordance with the methodology in Exhibit I. The survey results will include the scope of work listed in Exhibit I. 3.2.2. That AEGIS will, at AEGIS's sole cost and expense, secure such other persons as may, in the opinion of AEGIS, be needed to comply with the terms of the Agreement and, if such other persons are retained by AEGIS, such persons shall be fully qualified to perform such services. 3.2.3. That AEGIS shall use maximum feasible efforts to obtain volunteer assistance from the community and to find assignments suited to their liking and ability. 3.2.4. That AEGIS shall complete all work within twelve months. 3.2 .5. Invoices for services shall be submitted by AEGIS in accord with the payment schedule contained in Section 3 . 3. 3 . 3 Agreements of CITY: CITY agrees as follows: 3 . 3 . 1. a) That CITY shall pay AEGIS the sum of $14, 500. 00 for the performance of the services identified in Exhibit I. That the CITY shall pay AEGIS an additional sum for duplication of final forms and postage for advisory committee. This additional sum shall not exceed the direct costs, nor shall it exceed $135.00. If and when earned, the CITY shall pay AEGIS one of two additional sums as a bonus for fast and accurate service: 1) A $500. 00 bonus for completion within 10 months; or 2) A $250. 00 bonus for completion within 11 months. Payment to AEGIS is to be made according to the following schedule. b) That CITY shall make progress payments to AEGIS in accordance with the invoice submitted by AEGIS on a monthly basis, and such invoices shall be paid within 30 days. _ Invoices shall specify the fee, the percent- age completion of each work task, the allowable total billing, the total invoiced to date, and the amount currently being invoiced. The fee shall be based on the percentage of work completed. -2- C) Upon submission and approval of the final documents, any uninvoiced portion of the contract amount shall be invoiced. Invoices submitted by AEGIS in accord with this schedule shall be paid within 30 days of the invoice date. 3. 3.2. The CITY shall provide black and white photos of the selected properties in groups of 24 with at least three weeks notice provided by AEGIS. 3.3.3. Additional Services: Payments for any services requested by the CITY during the study and not included in the work program of Exhibit I, shall be paid on a reimbursable basis in accord with the AEGIS Standard Fee Schedule in effect at the time the services are provided. These costs will be invoiced as they occur and will be paid by the CITY within 30 days. 4 . OWNERSHIP OF DOCUMENTS All documents, data, studies, surveys, drawings, maps, , models, photographs and reports prepared by AEGIS under this Contract shall be considered the property of CITY upon payment for services performed by AEGIS. Said documents ad materials shall be delivered to CITY by AEGIS at the completion of the project; however, AEGIS may take and retain such copies of said documents and materials as desired. 5. TERMINATION This Contract may be terminated by either party upon the giving of a written "Notice of Termination" to the other party at least fifteen (15) days prior to the termination date specified in said notice. In the event this Contract is terminated, AEGIS shall be paid the full value of their service, based upon the percentage of completion of work on the date of termination. 6. NOTICES Any and all notices, demands, invoices, and written communications between the parties by mail shall be addressed to the parties as follows: Darrell Cozen Judy Wright Assistant Community AEGIS Development Director ill Spring Street City of Redlands Claremont, CA 91711 P.O. Box 3005 Redlands, CA 92373 Any such notices, demands, invoices and written communications by mail shall be conclusively deemed to have been received by the addressee five days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. 3- 7. ENTIRE CONTRACT This Contract supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Contract acknowledges that no representations, by any party which are not embodied herein and that no other agreement, statement or promise not contained in this Contract shall be valid and binding. Any modification of this Contract will be effective only if it is in writing signed by the parties. 8 SAVINGS CLAUSE If any provision of this Contract is found to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 9. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws of the State of California. 10. ATTORNEY'S FEES In the event that legal action is necessary to enforce the provisions of the Contract, the parties agree that the prevailing party in said legal action shall be entitled to recover attorney's fees from the opposing party in any amount determined by the court to be reasonable. 11. INSURANCE AEGIS agrees to maintain in full force and effect during the term of this Agreement a public liability insurance policy with limits in the amount of $100,000.00, and which indemnifies the CITY from all liability from loss, damage, or injury to persons or property arising from the performance of these services. 12. COUNTERPART EXECUTION This Contract may be executed in counterparts, each of which so executed shall be deemed an original irrespective of the date of the execution, and said counterparts, together shall constitute one and the same agreement. CITY: CI DLANDS AEGIS: �- r S ignat `� Signature �. Name Charles De irjyn Name �A(, Title Mayor Title Date June 8 , 1990 Date lv C�b COZEN.PCD PSUJHZSTPROPSURVEY -4- EXHIBIT I REDLANDS SURVEY PROPOSAL, PHASE IV AEGIS will be the contractor with the City of Redlands for the completion of Phase IV of the Redlands survey. AEGIS will sub- contract with Redlands' historian, Tom Atchley, who will perform most of the historical research work. Our methodology will be as follows: AEGIS 1 . Establish Advisory Review Committee to consist of six members, (inclulding City staff) , 2. Review list of areas to survey, as submitted by Historic and Scenic Preservation Commission. 3. Conduct preliminary survey of areas to survey. Prepare base maps. 4. Discuss content of workshops and methods of recruiting volunteers and receive approval of City Preservation Officer. 5. Gather historic resource research materials and prepare lists of structures to survey. 6. Prepare materials for training of survey workers. The kit will be tailor-made for Redlands--forms that volunteers use will be campatible with state forms and will be transferred later to computer forms. The kit will be a permanent product for future surveyors. 7. Recruit survey workers. Work closely with Historical Society and Commission to recruit. Our experience is that the long term, hard workers are the community volunteers; student interns are useful for short-term, specific work. 8. Schedule and publicize workshops. Design flyers and distribute them two weeks in advance. Do one mailing through Historical Society. 9, Conduct workshops and field trips on three successive Saturdays or other convenient time covering: (a) Overview and brief history, (b) Detail on styles and house parts, (c) How to write architectural descriptions. Provide workers with kits. Show slides--AEGIS' Redlands slide show plit's many other slides to show styles and identify urban design features. Use parts of AEGIS' Design Guidelines Manual. Meet individually with volunteers to review and correct their assigned survey work. 10. Assign appropriate work assignments; encourage teams, train special leaders for field and office assignments. TOM ATCHLEY Participate in historical research training portion of workshops. Train a minimum of three volunteers to determine history of ten sites, each using all available public records. 1. Use water connection card to see if the first owner and building date can be estimated. (Note subdivision, block number, and lot number; get current address information and old address information. ) 2. Use building lists published in the newspapers (1887-1930) . (Atchley files has copy of each list) . 3. Use newspaper card files, (Atchley files) . 4. Review Citrograph file both at Smiley Library and in Atchley file. 5. Use directory maps that show old addresses, (1896-1980) . 6. Consult Building Permit information (1903-1913) at Smiley Library. 9. Use home directories and business directories published by Facts, 1896, 1900, 1902-1905, 1909, 1909-1910, 1912* 1913, 1917, etc. Pull every address for a given street for three years of a directory to get names and occupations of people. 8. Review Photo files in the library to identify past facade utilization on downtown area. 9. Travel to County Hall of Records when necessary to review assessment data and property transfers. 10. Send letter to all current owners asking for any information they might have. 11. Interview current owners when necessary to clarify and add information. ON-GOING ACTIVITIES 1, Library research. 2. Meetings with survey workers to check description and significance statements. 3. Work with Advisory Review Committet every month to report on progress and review survey work. Submit material for review ten days in advance. Include complete draft of significance statement. 4. Meet with Historic and Scenic Preservation Commission to recommend the proposed survey areas, and, several times during the year, to report on survey progress. 5. There will be a final meeting with everyone involved in the survey. 6. Type survey forms. BUDGET A SCOPE OF 'CORK Complete survey forms for 164 structures in the city, and half forme for dfl structures od Sconic mmission.asAll lforms 220 will beected by the typed ric n typedby AEGIS Preservation C on computer forms. Xap of Phase Iv survey. Photographs will besuppliedat least two weeks before y committee meetings Xake recommendations on computer program for surveyed properties. complete forms) S 8, 800. 00 (160 com Project Coordination F Research (160 complete forms) 4, 000. 00 Research (60 half forms) 1,500- 00 Computer forms for 220 structures 2{}0. 00 S 14,500. 00 SUB TOTAL 500. 00 Bonus 4 15, 000- 00 SUB TOTAL Duplication of final forms Postage for advisory committee (not to exceed) 135.40 $ 15,135.00 TOTAL Atchley $ 5,500. 00 AEGIS $ 9, 000. 00 "J I