CITY COUNCIL
Regular Meeting Agenda
Tuesday, August 8, 2006
VIII. Public Hearings
A. Consideration of a Mills Act Contract and a Maintenance and Management Plan for an existing historic residence located on the west side of Lincoln Street between 8th & 9th Avenues. The property owners are David & Debbie Hutchings.
At the City Council 8 August 2006 meeting, during the public hearing on the Hutchings’ Mills Act Contract, City Administrator Rich Guillen stated the following to augment his Staff Report advising against approving/denying the Hutchings’ Mills Act Contract.
"Let me comment on that. Because the staff’s understanding and maybe I need to take the responsibility more than anybody else at this dais. But the staff’s understanding at that time is that you do not want to have that Mills Act Workshop until you really understood what the revised or amended Historic Context Statement said cause you had talked about having the best of the best houses considered historic. And we cannot do that until we revise the Historic Context Statement. We went to the prior person who drafted the Historic Context Statement and that person was not available. I’m getting off line here. But it’s not like we haven’t tried. I mean, literally, it’s not like we haven’t tried. And then secondly, you know, while I was trying to give the Council an out here in my cover memo. Just continue it. Because we still really have at least 3 more months, maybe 4 more months before this Act applies again. And within that timeframe I think you can accomplish these points that I listed in my memo."
Yet, at the Special City Council Meeting of 13 June 2006, the Resolution “authorizing the City Administrator to sign a Consultant Services Agreement” with Archives and Architecture was on the agenda; Mayor McCloud pulled the item at that meeting.
Special Meeting
Tuesday, June 13, 2006
IV. Orders of Council
B. Consideration of a Resolution authorizing the City Administrator to sign a Consultant Services Agreement for an amount not to exceed $21,750 to retain the services of Archives and Architecture to prepare an update of the City's Historic Context Statement for the 1940 through 1965 period.
Meeting Date: 6 June 2006
Prepared by: Brian Roseth, Principal Planner
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the City Administrator to sign a Consultant Services Agreement for an amount not to exceed $21,750 to retain the services of Archives and Architecture to prepare an update of the City's Historic Context Statement for the 1940 through 1965 period.
Description: Approval would engage a consulting firm to draft an amendment to the adopted Historic Context Statement. This document identifies persons, events and architecture important in the City’s history.
Overall Cost:
City Funds: $21,750 ($19,775 for Consultant plus 10% contingency).
Grant Funds: n/a
Staff time: n/a
Staff Recommendation: Authorize the City Administrator to enter into the Agreement.
Important Considerations:
The Historic Context Statement identifies persons, events and architecture important in the City’s history. It also provides guidance on the types of physical resources still present that can represent these in the historic preservation program. Based on this guidance, historic resources are subsequently identified for listing on the City’s Historic Resource Inventory. This final step of identifying specific resources is not part of the contract.
The existing Context Statement was adopted by the City Council in 1997. It was accepted by the Coastal Commission as part of the City’s LCP in 2004. The existing document only covers historic periods up to 1940 and needs to be updated. The recommended consultant will conduct research on the post-1940 period and work with the Historic Resources Board and staff to prepare a draft. Extensive public participation is anticipated during the process. Following approval by the City Council, the document will be submitted to the Coastal Commission as an amendment to the LCP.
Decision Record:
The General Plan/Coastal Land Use Plan requires periodic updates to the Context Statement. This project is listed in the City Council’s work program.
Reviewed by:
_____________________________ ______________________
Rich Guillen, City Administrator Date
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, dated this 13th day of June 2006 is by and between the CITY OF
CARMEL-BY-THE-SEA, a municipal corporation of the State of California, hereinafter referred to as “City”, and ARCHIVES AND ARCHITECTURE, HERITAGE RESOURCE PARTNERS, hereinafter referred to as “Consultant”.
I. SERVICES BY CONSULTANT
A. Consultant will perform all services, carry out all responsibilities, and prepare such reports as described in the Scope of Work, Schedule, Work Products and Budget, contained in Consultant’s proposal, hereinafter referred to as Scope of Services, attached as Exhibit A hereto, which is incorporated herein by this reference.
B. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with professional standards of performance.
II. COMPENSATION
A. City shall pay Consultant for the services identified in the attached Scope of Services. Consultant agrees to perform all services and incur all costs required by this Agreement for an amount not to exceed $19,775. Such amount shall constitute full and complete payment by City under this Agreement.
B. Consultant shall submit an itemized invoice to City on a monthly basis. Each invoice shall reference the specific item(s) in the Scope of Services completed or partially completed (by %) during that period for which payment is requested. For partially completed items the invoice shall also show a running total of the percent completed-to-date from past invoices. City shall make payment for work completed within forty-five (45) days of receipt of invoice.
C. City shall have the right to withhold payment to Consultant for any work not completed in a satisfactory manner until such time as Consultant modifies such work so that the same is satisfactory as determined by City and in accordance with professional standards of performance.
III. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures, photographs, memoranda, and any other documents which are developed, compiled, or produced as a result of this Agreement, whether or not completed, shall be vested in City.
B. Methodology, materials, software, logic and systems developed under the said Contract are the property of Consultant, subconsultants, and City, and may be used as Consultants and/or City see fit, including the right to revise or publish the same without limitation.
IV. GENERAL ADMINISTRATION AND MANAGEMENT
A. The City Administrator of the City of Carmel-by-the-Sea, or the Administrator’s designee, shall have primary administrative responsibility for City under this Agreement, and shall review and approve Consultant's invoices to City under this Agreement.
B. The City Administrator, or the Administrator’s designee, shall have primary responsibility for overseeing and reviewing Consultant's preparation of products as outlined in the Scope of Work, and shall coordinate all communications with Consultant from City.
V. COMPLETION DATE
A. The completion date for all services in Tasks I through IV specified in the Scope of Work, submitted by Consultant as part of Exhibit-A, shall be six months from the date of contract authorization. Completion of Task V, Presentations, specified in the Scope of Work shall be scheduled by City as needed for public presentations and public hearings included as part of the Scope of Services. Consultant will diligently proceed with the work contracted for, but it is expressly agreed and understood that Consultant shall not be held responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time of the execution of the Agreement between the parties.
VI. SUSPENSION OF AGREEMENT
A. Consultant and City reserve the right to terminate or suspend this Agreement at any time by giving twenty (20) days' written notice to the other party. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports, or other material prepared by Consultant pursuant to this Agreement shall be submitted to City, and Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project prior to the date of suspension or termination.
B. In the event that City requests termination of the work prior to completion, Consultant reserves the right to complete such analyses and records as may be necessary to place its files in order.
VII. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. Consultant and any subconsultants will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon bona fide occupational qualification. Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.
VIII. ASSIGNMENT
A. This Agreement may not be assigned or otherwise transferred by the parties hereto without the written consent of the other party. Unless otherwise stated in an amendment to this Agreement the specific personnel from the Consultant used in completion of the Scope of Services shall be:
Leslie A. G. Dill, Partner and Principal Historian
Charlene Detlefs Duval, Partner and Principal Historian
Franklin Maggi, Partner, Architectural Historian and Preservation Planner
Jessica Kusz, Preservation Specialist
IX. MODIFICATION
A. No change, alteration, modification, or addition to this Agreement will be effective unless it is in writing and properly signed by all parties hereto.
X. HOLD HARMLESS
A. Consultant shall hold City and its officers, agents, and employees, harmless from all suits, claims or liabilities of any nature, including attorney fees, costs and expenses, for or on account of injuries or damages sustained by any persons or omissions of Consultant, its agents, subconsultants or employees pursuant to this Agreement, or on account of any unpaid wages or other remuneration for services; and if a suit in respect to the above is filed, Consultant shall appear and defend the same at its own cost and expense, and if judgment be rendered or settlement made requiring payment of damages by City, which damages are based in whole or part on the negligent activities or omissions of Consultant, its agents or employees, Consultant shall pay the same.
XI. COMPLIANCE WITH LAWS
A. Consultant and sub-consultants shall be in compliance with all applicable State, Federal and City laws and safety regulations.
XII. INSURANCE
A. Consultant and sub-consultants shall maintain and keep in force during the term of this Agreement the following insurance: a comprehensive general liability policy, including non-owned, hired and owned automobile coverage and broad form liability extension coverage endorsed on to the policy in the limits of at least $500,000 for bodily injury for persons injured in any one accident; and at least $300,000 for property damage.
XIII. ADDITIONAL SERVICES
A. It is understood and agreed by City and Consultant that City might request Consultant to render additional professional services beyond the original Scope of Services as defined in Exhibit A to this Agreement. Such additional services may include those due to abnormal conditions beyond Consultant's control, changes in phasing, time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the work products. Any work requested of Consultant by City beyond that identified in Exhibit A shall constitute additional services and shall require additional payment for services at the rates specified below:
Partner ……………………………………………………..............$95.00 per hour
Associate Historians/Technical Services ………$70 per hour
B. Such work will be undertaken only upon written authorization of City, written agreement by all parties, and based upon an agreed amount of compensation.
XIV. INDEPENDENT CONTRACTOR
A. Consultant is and shall be at all times during the term of this Agreement an independent contractor. Consultant shall maintain a valid business license with the City of Carmel-by-the-Sea at all times during the term of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
CITY OF CARMEL-BY-THE-SEA, ARCHIVES AND ARCHITECTURE
CALIFORNIA
By: By:
_________________________ ________________________________
Rich Guillen LESLIE DILL
City Administrator Partner
NOTE: At the 8 August 2006 City Council meeting, Mayor McCloud stated, “...one of the things that we were trying to do before we did the workshop was to get the Historic Context Statement done. And that has hit a couple of bumps which has delayed what our effort is as far as the sequence we were trying to do.” And again, City Administrator Rich Guillen stated, “We went to the prior person who drafted the Historic Context Statement and that person was not available. I’m getting off line here. But it’s not like we haven’t tried. I mean, literally, it’s not like we haven’t tried.”
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