HomeMy WebLinkAbout2003 CON Jeff Katz Architecture - Design New Fire StationAGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
JEFF KATZ ARCHITECTURE
ORIGINAL
THIS AGREEMENT is entered into this 15 day of July, 2003, by and between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and JEFF KATZ
ARCHITECTURE (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to perform a design
for the new Main Fire Station Project.
WHEREAS, the CITY has determined that the CONTRACTOR is a Firm
specializing in architectural design and is qualified by experience and ability to perform the
services desired by the CITY, and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as
set forth in the attached Exhibit 1.
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit 1 to keep
staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under
this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services, not to exceed a factor of 10% from the
base amount.
3. PROJECT COORDINATION AND SUPERVISION. Stephen M.
Kirkpatrick, P.E., Assistant Director of Public Works/Engineering, hereby is designated as the
Project Coordinator for the CITY and will monitor the progress and execution of this Agreement.
The CONTRACTOR shall assign a single Project Director to provide supervision and have
overall responsibility for the progress and execution of this Agreement for the CONTRACTOR.
Jeff Katz, Principal thereby is designated as the Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any. The
total cost for all work described in Exhibit 1 shall not exceed the amounts described in the
Additional Services to be Provided on an Hourly Basis section of the attached Exhibit 1 (the
Base amount) without prior written authorization from the Project Coordinator. Monthly invoices
will be processed for payment and remitted within thirty (30) days from receipt of invoice,
provided that work is accomplished consistent with Exhibit A as determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers, employee time
• sheets, accounting records, and other evidence pertaining to costs incurred and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY
and for furnishing of copies to the CITY, if requested.
5. LENGTH OF AGREEMENT. The length of this agreement shall be
(500) five hundred working days from the date the agreement is entered. Therefore the final
report shall be submitted no later than Friday, July 15, 2005.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by
the CONTRACTOR for this Project, whether paper or electronic, shall become the property of
the CITY for use with respect to this Project, and shall be turned over to the CITY upon
completion of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR hereby
assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications or other work
prepared under this agreement, except upon the CITY's prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's
written work product for the CITY's purposes, and the CONTRACTOR expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
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Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section
14 but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than what
was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as agents,
employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the
CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights,
benefits, or privileges of the CITY's employees, including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONTRACTOR and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONTRACTOR without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or
hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for
the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with
its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this
Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees shall
have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's
employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent
that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any
manner agents, servants or employees of the CITY, it being understood that the
CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent
contractors and that the CONTRACTOR's obligations to the CITY are solely such as are
prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City
of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each
of its subcontractors, shall obtain and maintain a current City of National City business license
prior to and during performance of any work within the City.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONTRACTOR represents and covenants that
the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term
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of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONTRACTOR'S trade or profession currently practicing under
similar conditions and in similar locations. The CONTRACTOR shall take all special
precautions necessary to protect the CONTRACTOR's employees and members of the public
from risk of harm arising out of the nature of the work and/or the conditions of the work site.
B. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONTRACTOR has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that
all products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due
diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONTRACTOR agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 13, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONTRACTOR without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
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CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The
CONTRACTOR agrees to indemnify and hold harmless the City of National City, its officers,
employees, and appointed volunteers against and from any and all liability, loss, defense cost,
damages to property, injuries to, or death of any person or persons, and all claims, demands,
suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or arising
out of the CONTRACTOR'S negligent acts, errors or omissions or other wrongful conduct
performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of the California Government Code
and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall
purchase and maintain, and shall require its subcontractors, when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies:
® A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence and annual aggregate, covering all bodily
injury and property damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONSULTANT's
employees.
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E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and appointed volunteers, so that any other policies held by the CITY
shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30)
days prior written notice to the CITY of cancellation or material change ten (10) days if
cancellation is for nonpayment of premiums.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as additional
insureds.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then
in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the amount of the judgement or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to
this Agreement, or the breach thereof and the amount of controversy does not exceed $25,000,
the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego,
California, in accordance with the Commercial Mediation Rules of the American Arbitration
Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne
equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or
breach thereof that does not exceed $25,000 and which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
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Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to
the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
19. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day's written notice to the
CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said
written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
20. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such
overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten
(10) days if the address is outside the State of California) after the date of deposit in a post office,
mailbox, mail chute, or other like facility regularly maintained by the United States Postal
Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with
charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above shall be
directed to the following persons:
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To the CITY:
Stephen M. Kirkpatrick
Assistant Director of Public Works/Engineering
City of National City
1243 National City Boulevard
National City, CA 91950
To the CONTRACTOR: Jeff Katz
Principal
Jeff Katz Architecture
7290 Navajo Road Suite 106
San Diego, Ca 92119
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONTRACTOR also agrees not to specify any product, treatment,
process or material for the project in which the CONTRACTOR has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONTRACTOR has a financial interest as defined in Government Code Section 87103. The
CONTRACTOR represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
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C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The following Exhibits attached hereto are hereby
incorporated herein by this reference for all purposes.
• Exhibit 1 — Scope of Services
• Exhibit A — Drawing and Specification List
■ Exhibit B — Hourly Rate Schedule
• Exhibit C -£Clarification of Responsibilities
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
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By:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
By: �/ra;
SIEPHEN M IRKPATRICK
ACTING DI CTOR OF PUBLIC WORKS/
ENGINEERING
APPROVED AS TO FORM:
Lobe air
George H. Eiser, III
City Attorney
Nick Inzuiiz Mayor
JEFF KATZ ARCHITECTURE
(Two signatures reg41red)
By:
(Title)
(Name)
(Title)
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EXHIBIT "A"
Jeff Katz Architecture
July 6, 2003
Mr. Stephen M. Kirkpatrick
Assistant Director of Public Works/Engineering
The City of National City
Department of Public Works
1243 National City Boulevard
National City, CA 91950
RE: Architectural Services
National City Main Fire Station
Scope of Work and Fee Proposal
Dear Steve:
Based on our meeting of July 2, 2003, I have prepared the following fee proposal
for the design of the new main fire station project. It is my understanding at this
time that the City wishes to proceed with "Option B", which provides for a new,
18,000 square foot station on the existing station site, a new drill area and the
relocation of the administrative functions of the department to the existing Public
Works Building (also included is an approximate 1,750 square foot addition to the
PW Building). The proposed construction budget for the project is approximately
$7,800,000. The scope of services required is similar to that previously provided,
and is based on the requirements for Schematic Design, Design Development,
Construction Documents, Bidding and Construction Administration services. It is
also understood that the City's desire is to have the design phases of the project
completed within six months of Authorization To Proceed.
We are proposing to offer the following scope of services:
SCHEMATIC DESIGN PHASE
Meet with Fire Department Design Committee to discuss examples which the
committee has seen on their tour of existing stations in the County, to review
areas which the Fire Department feels are examples of both good and poor
design elements. Hold "Brainstorming" sessions with City of National City
Fire Department and City of National City Public Works Department
personnel to discuss features of the new station design in order to develop
a detailed program for the project.
7290 Navajo Road, Suite 106 • San Diego, California 92119
(619) 698-9177 • Fax (619) 698-9178
National City Main Fire Station
July 6, 2003
Page 2
Review preliminary space needs analysis prepared previously and verify the square
foot requirements for facility. The actual design of the station will be based on the
results of our analysis.
Meet with City of National City Fire Department to discuss budget, program and
exterior design issues.
Perform preliminary code and zoning review.
Meet with City Building and Planning Departments to review all requirements including
design requirements and building accessibility issues. The purpose of this meeting
will also be for the City to identify potential design issues and concerns before starting
our design work.
Meet with Engineering Department to review potential Right -Of -Way improvements.
Develop Preliminary Building Floor Plans and Building Elevations.
Develop conceptual site drawings indicating placement of structures and amenities on
site. This will include the following:
Investigate existing site conditions.
Develop preliminary site and utility plans indicating building site orientation, site
ingress and egress, and site utility information.
Prepare preliminary grading plans
Prepare preliminary landscape and hardscape plans.
Develop preliminary Cost Estimates based upon building systems. The estimates
prepared at this phase will be generally square foot cost estimates for the various
building components, and will include a design development contingency (to allow for
potential increases as the design is refined further in the later stages of the project).
Provide a written preliminary evaluation of the project, schedule and construction
budget.
Meet with City of National City Fire Department and City of National Public Works
Department to review proposed site and building design. Make required modifications
resulting from review.
Jeff Katz Architecture - 7290 Navajo Road, Suite 106 • San Diego, California 92119
(619) 698-9177 • Fax (619) 698-9178
National City Main Fire Station
July 6, 2003
Page 3
Make required submissions to the City of National City (30% submittal). Drawings
required for this submittal will include:
Site Plan
Schematic Floor Plan
Schematic Building Elevations
Conceptual Landscape Plans
Preliminary Grading and Drainage Plans
Exterior Color and Material Sample Boards
Massing study model
Written description of proposed structural, mechanical and electrical systems
to be utilized in the project
These drawings will include color and material callouts, as well as a colored building
elevation drawing and colored Landscape drawings.
Make required presentations to City of National City Planning / City Council to review
proposed design. For the purpose of this proposal it is assumed that two design
presentations will be required.
Make required modifications to Schematic Design in order to obtain Schematic Design
approval. It is assumed that required changes are minor in nature and will not require
complete re -submittal to City other than for record purposes.
After obtaining written approval of Schematic Design we will proceed into Design
Development.
DESIGN DEVELOPMENT PHASE
Refine design of Floor Plan, Building Elevations and Site Plan.
Coordinate building and site requirements with Geotechnical Engineer.
Develop structural system consistent with design concept.
Develop building mechanical, plumbing and electrical systems consistent with design
concept.
Coordinate with City systems for phone/data/cable and station alerting requirements.
Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119
(619) 698-9177 • Fax (619) 698-9178
National City Main Fire Station
July 6, 2003
Page 4
Prepare preliminary Interior Elevations, Building Sections, Reflected Ceiling Plan and
Roof,Plan.
Prepare preliminary interior material and color boards for review and selection.
Furniture: As part of the outfitting of the completed building, we will provide a listing
of required furniture, selected and color coordinated with the building design. Scope
of work will include meetings as necessary to review requirements and present
selections, development of furniture specifications and assistance with bidding
furnishings to selected, suppliers. Also included will be coordination with the Fire
Department and City Purchasing Department to coordinate ordering and delivery of
these materials. Furnishings are considered to be all elements not "attached" to the
building. These items will not be included in the construction documents and will be
bid out separately through the City Purchasing Department.
Prepare preliminary line item Construction Cost Estimate based on actual building
components. This estimate will be more detailed than the systems estimate prepared
during schematic design.
Make required submittal to City of National City for Design Development Review (60%
submittal).
Review meetings with City of National City as required to review status of project.
After obtaining written approval of the information presented in the Design
Development drawings, we will proceed into Construction Documents.
CONSTRUCTION DOCUMENTS PHASE
Prepare drawings and specifications suitable for bidding to clearly delineate the
Contractor's scope of work, including required civil, architectural, structural,
mechanical, plumbing, electrical and landscape design (See Exhibit "A" for proposed
drawing and specification list). It is assumed for this proposal that the City of National
City will provide all required General and Supplementary Conditions and Bidding
Information.
Prepare demolition plans for the demolition of existing structures located within the
subject parcel. For the sake of this proposal it is assumed that these plans will be
incorporated into the new construction package and not issued as a separate set of
documents. Demolition plans will incorporate recommendations for removal of
hazardous materials (Lead and Asbestos only) as identified by the Environmental
consultant.
Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119
(619) 698-9177 • Fax (619) 698-9178
National City Main Fire Station
July 6, 2003
Page 5
Construction Documents will incorporate Geotechnical requirements and
recommendations for soils preparation, foundation and paving design.
Provide documentation of "General Construction Activity Storm Water Pollution &
Prevention Plans" and "Notice of Intent".
Submit plans to local utility companies for review and approval. (Note: Any required
Utility Company fees are not included).
Submit plans to City of National City Building Department for plan check, and perform
all required revisions to construction documents based on Building Department's plan
check comments (Note: plan check and permit fees are not included).
Update Construction Cost Estimate.
Meet with City of National City as required to review final design and construction
documents.
BIDDING PHASE
Provide final original drawings (mylars) and specifications for use in bid packages.
For this proposal it is assumed that the City of National City will advertise, assemble
and distribute bid packages.
Interpret and clarify contract documents for contractors, and assist in issuing addenda
as required.
Attend a Pre -Bid walkthru at the site with all interested contractors.
Participate in bid opening, review contractor's detailed cost breakdown, and assist the
City of National City in evaluation of the bids.
CONSTRUCTION ADMINISTRATION PHASE
Construction contract administration services are based on a Twelve month construction
period, from Authorization to Proceed through Punchlist Inspection. The following services
will be provided:
Attend Pre -Construction conference.
Jeff Katz Architecture 7290 Navajo Road, Suite 106 • San Diego, California 92119
(619) 698-9177 • Fax (619) 698-9178
National City Main Fire Station
July 6, 2003
Page 6
Review and approve or take other appropriate action upon Contractor's submittals and
shop drawings as required by contract documents.
Interpret contract documents (including all subconsultant disciplines) for proper
execution and progress of construction, including responding to contractor's requests
for information and clarification.
Make one scheduled site visit every week during the course of construction (total of
52) to observe the project, and prepare site visit report. Site visit shall include meeting
with contractor, City and Fire Department representative to review progress of
construction, review pending RFI and Change Order information, and observe the
construction to verify work is proceeding in accordance with construction documents.
Provide two site visits per discipline (by the respective engineers) for civil, structural,
electrical, mechanical and Landscape Architecture, to review progress of construction
and conformance with construction documents.
Make one additional site visit to perform Punchlist Inspection, and one additional visit
to perform Final Inspection. Punchlist Inspection will include a detailed listing of all
items remaining to be completed by the Contractor. Final Inspection will certify that
all work has been completed in accordance with construction documents.
Assist City in review of Contractor's initial and progress schedules.
Assist in reviewing and processing contractor's progress payment requests, and
certifying the amounts due to the Contractor.
Process contractor's As-Builts, warranty information and related information by
forwarding them to the City.
ADDITIONAL SERVICES TO BE PROVIDED ON AN HOURLY BASIS
The following items are not included in the Basic Services, and will be provided as additional
services only after written authorization is received. Unless a subsequent fixed fee proposal
is provided, the work will be done on an hourly basis per the attached Hourly Rate Schedule
(Exhibit'B').
Revisions to Schematic Design or Contract Documents resulting from Owner
requested changes to documents previously approved by the Owner, or due to code
or zoning changes made subsequent to Owner approval.
Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119
(619) 698-9177 • Fax (619) 698-9178
National City Main Fire Station
July 6, 2003
Page 7
Preparing separate construction document packages for "fast -tracking" construction
work, preparing additional documents for alternate bid items (items which require
additional design and documentation), or for preparing documents in connection with
temporary facilities to house Fire personnel during design and construction.
Services required because of significant changes in the project (not due to the design
team's acts or omissions) including, but not limited to, size, quality, complexity,
schedule, or the method for bidding and contracting for construction.
Processing change requests for Owner requested changes, and for unforeseen site
conditions, after bid, including revisions to Contract Documents, processing approval
of revisions through the Building Department, and Change Order negotiation.
Providing services in conjunction with evaluating substitutions proposed by the
Contractor, and making subsequent revisions to Contract Documents resulting from
such.
Construction site visits provided in excess of the visits defined under the Construction
Administration Phase which are requested by the City, or made necessary through
delays in the construction schedule or other elements outside the control of the
Architect (for either Architect or subconsultant engineers).
Providing services made necessary by the default of the Contractor, by major
deficiencies in the work of the Contractor, or by failure of performance of either the
Owner or the Contractor under the Contract for Construction.
Providing services in conjunction with arbitration proceedings or legal proceedings,
except where the Architect is a party to such proceedings.
Providing "Special Inspection" services required by law or the Contract Documents.
Services of a Traffic Engineering Consultant if required by project design or City
requirements.
Preparation of drawings for work beyond the project boundary (site and immediate
street frontage).
Environmental Investigation Services to analyze the existing Fire Station and site for
the presence of contaminated soils.
Services in conjunction with any required discretionary approvals.
Jeff Katz Architecture • 7290 Navajo Road, Suite 106 - San Diego, California 92119
(619) 698-9177 Fax (619) 698-9178
National City Main Fire Station
July 6, 2003
Page 8
Preparation of Boundary Surveys, Title Reports, Deeds or other documents in
conjunction with the project site.
Plan check and permit fees (if paid by the consultant) will be a reimbursable expense,
charged at 1.1 times the Consultant's cost.
All delivery, printing and reproduction costs will be a reimbursable expense, charged
at 1.1 times the Consultant's cost.
In addition to the items noted above, the following items will be provided as part of the Basic
Services:
A topographic survey (for both the fire station and the administrative site) will be
provided which will consist of site topography, obtaining invert elevations for existing
utilities, horizontal and vertical location of existing surface features and improvements.
Civil Engineering services for off -site improvements consisting of preparation of public
improvement Documents for work in the right-of-way along C Street, D Street and 16th
Street. Anticipated work will include cross sections of these streets to incorporate
curb, gutter and sidewalk modifications. Also included is additional topo survey
information for the required cross sections in order to establish grades for the new
improvements.
Provide Geotechnical Investigation Services as follows:
Research existing and readily available records pertaining to the site to aid in
evaluating geologic hazards which may be present.
Drill approximately nine small diameter borings to a depth ranging from 10 to
20 feet and sample the prevailing soils.
Perform laboratory tests on selected soils to evaluate in -situ density, shear
strength, compaction and expansion characteristics of the soils encountered.
An R-value test will also be performed to evaluate preliminary pavement
sections.
Perform laboratory tests on samples taken to test for the presence of
hydrocarbon contaminated soils (no additional borings are included specifically
for the purposes of identifying contaminated soils).
Prepare a written report documenting the findings and making
recommendations regarding Geotechnical aspects of developing the property.
Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119
(619) 698-9177 • Fax (619) 698-9178
National City Main Fire Station
July 6, 2003
Page 9
Environmental Investigation Services to analyze all existing structures to be
demolished located within the block bounded by C, D, 15th and 16th Streets for the
presence of asbestos or lead containing building materials. Services will
includeinspection of facilities, sampling and lab testing of sampled materials. The
findings from this survey will be incorporated into demolition plans for the project.
I propose to provide the stated basic services for a fixed fee of Six Hundred Fifty Five
Thousand Dollars ($655,000.00). Invoices will be submitted monthly, in a format acceptable
to the City, for the percentage of work completed during the month, on any particular phase.
The proposed breakdown for the Basic Services charges will be as follows:
Schematic Design Phase $135,000.00
Design Development Phase 90,000.00
Construction Documents Phase $362,000.00
Bidding Phase $5,000.00
Construction Administration Phase $60,000.00
Process As-Builts & Warranty Info $3,000.00
TOTAL $655,000.00
In addition to the Basic Services offered above, the following items will also be provided:
It is difficult to anticipate blueprinting expenses for submittals to the City. Per our
previous discussions, it is anticipated that 6 sets will be required for the schematic
submittal (30%), 6 sets required for the design development submittal (70%) and 6
sets required for the Building Department submittal. In addition, one set of original
mylars is required for bidding. All bid sets will be provided by the City. Based on this
we are estimating the reimbursable expenses for blueprinting and delivery not to
exceed Five Thousand Dollars ($5,000.00).
SUBCONSULTANTS
The following subconsultants are proposed for use on this project.
Civil Engineering:
Structural Engineering:
Mechanical Engineering:
Electrical Engineering:
Landscape Architecture:
Geotechnical:
BDS Civil Engineers, Gordon Axelson, Vice President
Orie2 Engineering, Don Orie, Principal
Walsh Engineers, Gene Walsh, Principal
ILA+Zammit, Larry Zammit, Principal
Parterre, Patrick O'Connor, Principal (WBE)
Geocon, Inc. Joe Vettel, PE
Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119
(619) 698-9177 • Fax (619) 698-9178
National City Main Fire Station
July 6, 2003
Page 10
As you probably know, definition of construction cost is always an issue on projects. I have
included as Exhibit 'C' a further description of responsibility with respect to the budget and
construction cost for this project. The definitions listed are from the AIA Document B141,
Owner/Architect Agreement. Although we will not be using the AIA document for our contract,
these definitions are useful to understanding what the design team and the Owner's
responsibilities are and should be a part of the final contract for the project.
It was stated in our meeting of July 2, 2003 that the intent is to complete the design phase
of the project in six months and have documents at that time that our ready to be bid out. In
order to accomplish this aggressive schedule it will be necessary for the City to commit to
prompt response and turn -around time for all questions and submiitals to the City.
Specifically, review of project submittals (as detailed above) must be accomplished in a
maximum of 5 working days if we are to maintain this schedule. I will generate an overall
project schedule which anticipates these submittal timeframes to allow the City to prepare,
once we have been given authorization to proceed.
I am available to meet with you at any time to review and discuss the proposed scope of
services and fee proposal. As you know, I am excited to be working with you on this project.
If you have any questions regarding this scope of work please do not hesitate to contact me
at (619) 698-9177.
Resp -ctfully,
Jeff Katz, AIA
Principal
Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119
(619) 698-9177 • Fax (619) 698-9178
Exhibit "A"
DRAWING AND SPECIFICATION LIST
It is anticipated that the following drawings will be provided. This list is not intended to be a
complete list of all actual drawings provided. Final drawings will be as required to convey all
pertinent information.
Civil
Civil Title Sheet
Grading Plan
Drainage and Utility Plan
Horizontal Control and Site Plan
Details
Landscape
Planting Plan
Irrigation Plan
Details
Architectural
Title Sheet
Site Plan
Demolition Plans
Hardscape Plan
Site Details
Floor Plans (2 floors)
Dimensioned Floor Plans (2 floors)
Reflected Ceiling Plans (2 floors)
Roof Plan
Exterior Elevations
Building Sections
Wall Sections (4 sheets)
Large Scale Plans
Interior Elevations (6 sheets)
Finish Schedule/Door Schedule/Window Schedule
Details (9 sheets)
Structural
Typical Structural Notes
Foundation Plan
Framing Plans (2 floors)
Details
Mechanical
HVAC Schedules
HVAC Floor Plans
Details
Jeff Katz Architecture - 7290 Navajo Road, Suite 106 • San Diego, California 92119
(619) 698-9177 • Fax (619) 698-9178
National City Main Fire Station
Exhibit "A"
Plumbing
Plumbing Schedules
Plumbing Site Plan
Plumbing Floor Plans
Details
Electrical
Electrical Site Plan
Power Plans
Lighting Plans
Signal Plans
Panel Schedules/Details
It is anticipated that the following specification sections will be provided (Note: All
Bidding and Contract Procedure Documents to be provided by City of National City):
DIVISION 01 - GENERAL REQUIREMENTS
01010 Summary of Work
01200 Project Meetings
01300 Submittals
01310 Schedules and Reports
01410 Testing and Inspection
01500 Construction Facilities
01600 Material and Equipment
01630 Substitutions and Product Options
01700 Construction Procedures
01710 Contract Closeout
01710 Cleaning
01720 Project Record Documents
01740 Warranties
DIVISION 02 - SITEWORK
02050 Demolition
02080 Asbestos and Lead Paint Removal (if required)
02100 Site Clearing
02220 Earthwork for Structures & Pavements
02233 Graded Crushed Aggregate Base Course for Pavements
02280 Termite Control
02514 Portland Cement Concrete Paving
02225 Excavating, Backfilling & Compacting for Utilities
02540 Pavement Markings & Related Signs
Jeff Katz Architecture - 7290 Navajo Road, Suite 106 • San Diego, California 92119
(619) 698-9177 • Fax (619) 698-9178
National City Main Fire Station
Exhibit "A"
02620 Concrete Curbs, Gutters and Walks
02660 Exterior Water Distribution System
02720 Storm Drainage System
02730 Exterior Sanitary Sewer System
02810 Irrigation System
02832 Automatic Gate Operators
02900 Landscaping
DIVISION 03 - CONCRETE
03310 Concrete Work
DIVISION 04 - MASONRY
04320 Concrete Unit Masonry
DIVISION 05 - METALS
05120
05500
Structural Steel
Metal Fabrications
DIVISION 06 - WOOD
06100
06181
06200
Rough Carpentry
Glue Laminated Members
Finish Carpentry
DIVISION 07 - THERMAL AND MOISTURE PROTECTION
07175
07200
07500
07620
07720
07810
07920
Water Repellent Coating
Building Insulation
Membrane Roofing
Flashing and Sheet Metal
Roof Accessories
Unit Skylights
Sealants
DIVISION 08 - DOORS AND WINDOWS
08110
08210
08331
08520
08710
08800
Metal Doors and Frames
Wood Doors
Sectional Overhead Doors
Aluminum Windows
Finish Hardware
Glazing
Jeff Katz Architecture 7290 Navajo Road, Suite 106 • San Diego, California 92119
(619) 698-9177 - Fax (619) 698-9178
National City Main Fire Station
Exhibit "A"
DIVISION 09 - FINISHES
09100 Metal Support Systems
09200 Lath and Plaster
09250 Gypsum Wallboard
09330 Ceramic Tile
09510 Acoustical Ceilings
09650 Resilient Flooring
09680 Carpeting
09900 Painting
DIVISION 10 - SPECIALTIES
10202 Metal Wall Louvers
10350 Flagpoles
10440 Identifying Devices
10500 Metal Lockers
10520 Fire Extinguishers and Cabinets
10800 Toilet Accessories
DIVISION 11 - EQUIPMENT
11450 Kitchen Equipment
DIVISION 12 - FURNISHINGS
12511 Window Blinds
(Divisions 13 Not Used)
DIVISION 14 - CONVEYING SYSTEMS
14200 Elevators
DIVISION 15 - MECHANICAL
15010 Mechanical General Requirements
15100 HVAC
15200 Plumbing
15300 Fire Protection
15680 Fuel Storage Tanks
15885 Vehicle Exhaust Removal System
Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119
(619) 698-9177 - Fax (619) 698-9178
National City Main Fire Station
Exhibit "A"
DIVISION 16 - ELECTRICAL
16010
16150
16200
16300
16400
16600
16710
16730
16740
16750
16800
Electrical General Provisions
Emergency Standby Generating
Power Distribution Equipment
Basic Materials and Methods
Wiring Methods, Raceways and
Lighting
Cable TV Cable
Fire Alarm System
Public Address System
Telephone System Rough -In
Utilization Equipment
System
Conductors
Jeff Katz Architecture 7290 Navajo Road, Suite 106 • San Diego, California 92119
(619) 698-9177 • Fax (619) 698-9178
Exhibit "B"
HOURLY RATE SCHEDULE
The following rates apply to work performed on an hourly basis.
Principal Architect
Project Manager
Specification Writer
Construction Administrator
Drafter
Secretarial
Structural Engineer
Civil Engineer
Mechanical Engineer
Electrical Engineer
Landscape Architect
$ 120.00 per hour
$ 95.00 per hour
$ 90.00 per hour
$ 100.00 per hour
$ 65.00 per hour
$ 40.00 per hour
$ 140.00 per hour
$ 120.00 per hour
$ 115.00 per hour
$ 125.00 per hour
$ 100.00 per hour
Reimbursable Expenses will be charged at 1.1 times the direct cost.
Note: These rates will remain in effect until December 31, 2004, at which time they may be
adjusted as a result of salary reviews.
Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119
(619) 698-9177 • Fax (619) 698-9178
Exhibit "C"
CLARIFICATION OF RESPONSIBILITIES
The following articles are restated from AIA Document B141, Owner/Architect Agreement:
2.6.6 The Architect shall not have control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility under the Contract for Construction. The Architect shall not be
responsible for the Contractor's schedules or failure to carry out the Work in accordance with
the Contract Documents. The Architect shall not have control over or charge of acts or
omissions of the Contractor, Subcontractors, or their agents or employees, or of any other
persons performing portions of the Work.
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Ownerr of all
elements of the Project designed or specified by the Architect.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and
materials furnished by the Owner and equipment designed, specified, selected or specially
provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and
profit. In addition, a reasonable allowance for contingencies shall be included for market
conditions at the time of bidding and for changes in the Work during construction.
5.1.3 Construction Cost does not include the compensation of the Architect and Architect's
consultants, the costs of the land, rights -of -way, financing or other costs which are the
responsibility of the Owner.
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost
and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the
Architect's best judgment as a design professional familiar with the construction industry. It
is recognized, however, that neither the Architect nor the Owner has control over the cost of
labor, materials or equipment, over the Contractor's methods of determining bid prices, or
over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot
and does not warrant or represent that bids or negotiated prices will not vary from the
Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or
agreed to by the Architect.
5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the
Architect submits the Construction Documents to the Owner, any Project budget or fixed limit
of Construction Cost shall be adjusted to reflect changes in the general level of prices in the
construction industry between the date of submission of the Construction Documents to the
Owner and the date on'which proposals are sought.
Jeff Katz Architecture • 7290 Navajo Road, Suite 106 San Diego, California 92119
(619) 698-9177 • Fax (619) 698-9178
National City Main Fire Station
Exhibit "C"
5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is
exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fixed limit;
.2 authorize re -bidding or renegotiating of the Project within a reasonable time;
.3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or
.4 cooperate in revising the Project scope and quality as required to reduce the
Construction Cost..
5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional
charge shall modify the Contract Documents as necessary to comply with the fixed limit, if
established as a condition of this Agreement. The modification of Contract Documents shall
be the limit of the Architect's responsibility arising out of the establishment of a fixed limit.
The Architect shall be entitled to compensation in accordance with this Agreement for all
services performed whether or not the Construction Phase is commenced.
6.1 The Drawings, Specifications and other documents prepared by the Architect for this
Project are instruments of the Architect's service for use solely with respect to this Project.
The Architect's Drawings, Specifications or other documents shall not be used by the Owner
or others on other projects, for additions to this Project or for completion of this Project by
others, unless the Architect is adjudged to be in default under this Agreement, except by
agreement in writing and with appropriate compensation to the Architect.
9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants
shall have no responsibility for the discovery, presence, handling, removal or disposal of or
exposure of persons to hazardous materials in any form at the Project site, including but not
limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic
substances.
9.9 The Architect shall have the right to include representation of the design of the Project,
including photographs of the exterior and interior, among the Architect's promotional and
professional materials. The Architect's materials shall not include the Owner's confidential
or proprietary information if the Owner has previously advised the Architect in writing of the
specific information considered by the Owner to be confidential or proprietary. The Owner
shall provide professional credit for the Architect on the construction sign and in the
promotional materials for the Project.
Jeff Katz Architecture • 7290 Navajo Road, Suite 106 San Diego, California 92119
(619) 698-9177 • Fax (619) 698-9178
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, California 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
July 18, 2003
Jeff Katz, Principal
Jeff Katz Architecture
7290 Navajo Road Suite 106
San Diego CA 92119
Ref: Agreement with Jeff Katz Architecture
Dear Mr. Katz,
ot)3.--g,
On July 15, 2003, Resolution No. 2003-104 was passed and adopted by the
City Council of the City of National City.
We are forwarding a certified copy of the above Resolution and a fully
executed original agreement.
Sincerely,
Michael R Dalla, CMC
City Clerk
MRD/mla
Enclosure
cc: PW / Eng
Hand -delivered
® Recycled Paper
RESOLUTION NO. 2003 —104
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
CREATING A MID -YEAR CAPITAL IMPROVEMENT PROJECT
FOR THE DESIGN OF A NEW MAIN FIRE STATION FACILITY
AT 16TH STREET AND "D" AVENUE, AUTHORIZING A
DISBURSEMENT OF $452,500 FROM AN HUD SECTION 108 LOAN,
AND AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH JEFF KATZ ARCHITECTURE TO
PERFORM CONSULTING SERVICES FOR THE
DESIGN OF THE NEW MAIN FIRE STATION FACILITY
WHEREAS, the City has received approval of a $6.9 Million loan under
Section 108 of the Housing and Community Development Act of 1974 (hereinafter "HUD
Section 108 Loan"), as amended, for the construction of a new Main Fire Station; and
WHEREAS, there have also been $202,500 in CDBG Funds allocated for
the design of this project.
WHEREAS, the City desires to employ a consultant to perform a design
for the new Main Fire Station Project; and
WHEREAS, the City has determined that Jeff Katz Architecture is an
architectural design firm and is qualified by experience and ability to perform the
services desired by the City, and Jeff Katz Architecture is willing to perform such
services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby establishes a mid -year Capital Improvement Project ("CIP") for
the design of a new Main Fire Station facility located at 16th and "D" Avenue, by
establishing the New Main Fire Station Design Project that will be funded by an HUD
Section 108 Loan and $202,500 in CDBG funds allocated for this project.
BE IT FURTHER RESOLVED that the City Council authorizes the
disbursement of $452,500 from the HUD Section 108 Loan and $202,500 in CDBG
funds for the design of the New Main Fire Station.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute an
agreement between the City of National City and Jeff Katz Architecture for consulting
services for the design of the New Main Fire Station Project. Said Agreement is on file
in the office of the City Clerk.
Passed and adopted by the Council of the City of National City, California, on July 15, 2003, by
the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Parra, Ungab.
Nays: Councilmember Natividad.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
Arkofthen
City City o National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2003-104 of the City of National City, California, passed and adopted by
the Council of said City on July 15, 2003.
City Clerk of the City of National City, California
By:
Deputy