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2006 CON Project Design Consultants - Streetscape and Fountain Plaza
AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT DESIGN CONSULTANTS THIS AGREEMENT is entered into this 7th day of February, 2006, by and between the CITY OF NATIONAL. CITY. a municipal corporation (the "CITY"), and Project Design Consutants. a California Professional Corporation (the 'CONTRAC-- TOR") RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide the City with the Engineering and Architectural Design Services for the National Streetscape anfd Fountain Plaza Promenade Improvements Project. WHEREAS, the CITY has determined that the CONTRACTOR is a is a Professional Engineering/Architectural firm, 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 acirees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with ail 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 "A". 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 "A"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 arid the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a Revised Apri! 2005 corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 25% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Mr. Din Daneshfar 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 CONTRA- CTOR. Mr. Gordon Lutes 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 "A"shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the City. 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 aH 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. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C". 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 ,, L Revised April 2005 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. 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 h 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 Revised April 2005 City of National City business license prior to and during performance of any work pursuant to this Agreement. 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 of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 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. Unless disclosed in writing prior to the date of this agreement. the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR s professional performance or the furnishing of materials or services relating thereto. C. 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 Revised April 2005 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 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 defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, 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 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. 5 Revised April 2005 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: l 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 genera! liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and 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. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and ins 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 Agree- ment. employees ment. H. Any aggregate insurance limits must apply solely to this Agree - 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. Revised April 2005 For purposes of determining who is to he 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 judgment 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, 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. which is not resolved by mediation shall be settled by arbitration in San Diego. California. in accordance with the Commercial Arbitration 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. Revised April 2005 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: To the CITY: To the CONTRACTOR: Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 Gordon Lutes Senior Vice President Project Design Consultants 701 B Street, Suite 800 San Duego, CA 92101 Notice of change of address shall he 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 8 Revised April 2005 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. If checked, the CONTRACTOR. shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall he 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. 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 Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. Exhibit A — Scope of Services Exhibit B — Fee Schedule Exhibit C — Project Schedule Exhibit D — Firm's Biography 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 agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent 9 Revised April 2005 agreement „ r2preseatation, or promise made fry either p.=ty 1-1,-reto, by 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 ail 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Project Design Cosultants (Corporation - signatures of two corporate officers) By: By' Nick Inzunza, Mayor (Name) (Title) APPROVED AS TO FORM: George H. H. Eiser, Ill (Nam) City Attorney (Title) 10 Revised Apr l 2005 National City Boulevard Streetsc.apc, Median, and Plaza Promenade improvements EXHIBIT A SCOPE OF WORK TASK 1.0 SURVEY AND MAPPING Overview: Accurate and current survey and aerial topographic base mapping will be required to provide a sound basis for the design and construction documents, In addition, this task will establish the relevant project property lines, easements and encumbrances. The purpose of this task is to establish survey datums, conduct site and aerial GPS control surveys, prepare aerial topographic mapping, digital color orthophoto mapping and map street right-of-way, utility and feature location/mapping. Deliverables: The deliverables associated with this task are as follows: • Control survey map and coordinate/elevation values; • Nine by nine inch prints of black and white aerial photography; • Color aerial orthophoto of project area; • One -foot contour interval digital aerial topographic mapping in Autocad format; • Digital Terrain Model at one -foot contour interval accuracy in Autocad format; • Hardcopy plot and digital CAD file of the plotted right-of-way in ,Autocad format; and • Digital coordinate and elevation data of field supplemental topographic surveys and hardcopy plots of locations in Autocad format. Assumptions: This task assumes that survey and mapping services will not be required for the acquisition of right-of-way or easements, Subtask 1.1 Control Surveys Static GPS survey method will be used to transfer California Coordinate System NAD 83, Zone 6, NGS HPGN or City of National City GPS control monuments and appropriate vertical datum to project control monuments. H/V control panels will be surveyed by GPS Rapid Static and RTK methods to the project control. National City Boulevard Streetscape. Median, and Plaza Promenade Improvements Subtask 1.2 Aerial Photogrammetry Color aerial photography will be collected with a RC30 calibrated camera with Forward Motion Compensation. Photography for topographic mapping will be collected for one -foot contour interval mapping. Conventional aerotriangulation will be utilized to transfer minimal ground control panels to control each stereo model with four pug points. A single bundle block adjustment will be conducted to balance error with a report produced to quantify the quality of the control and adjustment. Breaklines, mass points, digital terrain model, contours and topographic features will be mapped by a 1st order IMA analytical stereo plotter with super -imposition of the CAD image over the stereo model projection or on a Datum Summit color softcopy system. Subtask 1.3 Right -of -Way Plotting Record survey maps will be researched at the County Recorder's Office. A sufficient number of record monuments of the property boundary will be searched for and surveyed into the project coordinate system with GPS Rapid Static and RTK methods or conventional total station methods. The purpose of this sub - task is to provide AutoCad line work sufficient for project design. Subtask 1.4 Design Topographic Survey These surveys would be performed with RTK GPS or conventional total station equipment. These surveys would supplement the aerial topographic survey when greater accuracy or detail is required. These surveys include surface street cross sections at the minimum of 50' intervals along National City Boulevard from 12th Street to 9th Street. Also included is supplemental survey data within the plaza area of 9th Street. All data will be collected electronically and downloaded to CAD files electronically for evaluation of the design engineers. Subtask 1.5 Easement and Property -Related Document Preparation Documents could include utility easements, temporary construction easements, construction access easements, right -of -entry permits, Caltrans encroachment permits, State Lands Commission easement, and numerous other related documents. Licensed land surveyors will prepare these documents. No document is anticipated, but this task includes the preparation of one (1) property exhibit. TASK 2.0 DATA COLLECTION Overview: National City Boulevard Streetscape, Median, and Plaza Promenade Improvements The purpose of the data collection task is to perform the necessary research, collection, and organization of data to support the design process for the entire project. Deliverables: The deliverables associated with this task are as follows: • Base map in AutoCAD format; and • Cost model in Excel format Assumptions: The following assumptions have been made for this project: • City staff will provide PDC with as -built and survey record information; and • City staff will provide PDC with unit cost data from similar projects recently completed within the City of National City for use in developing the cost model. Subtask 2.1 As -Built Record Research This task includes coordinating with city staff to determine the appropriate record information needed for this project. The City of National City staff will research and provide PDC with appropriate as -built improvement and survey record information for all areas within the project limits. As -built records provided to PDC should include existing public street improvements, traffic signals, street lights, storm drain systems, sewer systems, water systems, irrigation systems, record survey maps and all other available information requested by PDC. Subtask 2.2 Franchise Utility Record Research PDC will contact the franchise utility companies and request copies of their record utility maps within the project limits. This information will be used by the design team to coordinate proposed improvements with the franchise utility companies and their respective facilities. Subtask 2.3 Site Research The purpose of this task is to identify existing site conditions that will impact the work to be done and to field verify as -built record information. A visual survey of the site will be conducted by the design team to identify existing improvements, equipment, materials, plantings, and furnishings that will remain, be removed, and/or be replaced. A photo log of the existing site improvements will be created and used for reference by the design team. Subtask 2.4 Base Map The survey, mapping, and existing record information will be consolidated into a master AutoCAD file for creation of the base map. The base map will be utilized National City Boulevard Streetscape, Median. and Plaza Promenade Improvements by the Design Team for preparation of construction plans and exhibits as well as to assist in the planning/coordination of meetings. Subtask 2.5 Review Existing Plans And Reports PDC will review and become familiar with the National City Specific Plan and other environmental documents previously prepared that encompass the project area, Subtask 2.6 Develop Cost Model City staff will provide PDC with unit cost data from similar projects recently completed within the City of National City. This task includes research performed by PDC to collect cost data from projects of similar scope and location, material suppliers, manufacturers, and cost books to supplement the unit cost data provided by City staff. The cost data will be developed into a cost model for the project. The cost model will be used as the basis for preparing cost estimates during the master planning and final engineering phases of the project. TASK 3.0 PHASE 1 ENVIRONMENTAL SITE ASSESSMENT Overview: The proposed study consists of the following tasks: • Task 1 - Records Review • Task 2 - Onsite Observational Reconnaissance • Task 3 - Interviews • Task 4 - Report Preparation The "site" for this scope of work will be limited to the portion of National City Boulevard between 1st Street and Division Street directly adjacent to the existing gas station. Work will be performed in general accordance with ASTM "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessments Process - E 1527-00". Details of the tasks outlined in the subsections. Assumptions: The proposed study does not include the following: • Water sampling and analyses; • Consideration of possible future contamination of the site from adjacent or surrounding facilities or properties; and • Physical sampling and testing of soils, asphalt, concrete, and/or other materials. National City Boulevard Streetscapc, Median, and Plaza Promenade Improvements Subtask 3.1 Records Review • Review of selected government documents for record of potential hazardous materials/waste contamination at the site and in the immediate vicinity of the site. • Review of selected historical aerial photographs for general site use information. • Review of readily available published local geology and a current USGS 7.5 Minute Topographic Map and literature to determine geologic setting and types of geologic formations beneath the site. • Review of readily available published local and regional hydrogeology maps and literature for depths to ground water.. general quality of ground water, direction of ground water flow, and water -bearing lithologies. • Review of existing geotechnical and environmental reports, provided by National City, for mention of environmental conditions onsite. • Review of the following reasonably available historical sources of information which shows the subject site dating back to 1940: aerial photographs, fire insurance maps, property tax files, recorded land title records, USGS 7.5 Minute Topographic Maps, local street directories, building department records, zoning/land use records. • Contact appropriate local (fire department, planning and building permit departments, utility), county (County Department of Environmental Health, Regional Water Quality Control Board, Air District), and state agencies who may have information regarding the occurrence of hazardous materials/waste at the site, including registered underground storage tanks, landfills, contaminated sites, records of emergency release reports, contaminated public wells. Subtask 3.2 Site Reconnaissance • Perform an onsite observational reconnaissance for visual indications of environmental conditions. This includes observations of the current conditions of the site and adjacent properties for drum storage and chemicals, discolored ground surfaces or corrosion, underground storage tanks, drains or sumps/clarifiers, electrical transformers, areas of solid waste disposal, transformers, monitoring wells, septic systems, stressed vegetation, etc. • Land use of immediately adjacent properties will also be identified for signs of a potential environmental impact on the subject site, including USTs and ASTs, manufacturing activities, landfills, etc. • Photograph current site conditions. Subtask 3.3 Interviews • Interview selected present employees (if they are available and cooperative) for additional information about past and present site usage. • Interviews with local government officials (Fire Department, and Health Agency) for information regarding hazardous waste disposal or other environmental issues dealing with the site. National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Subtask 3.4 Report Preparation • A report summarizing our findings, conclusions, and recommendations will be prepared and submitted to you. TASK 4.0 MASTER PLAN Overview: The purpose of the master planning process is to develop a site design that collectively utilizes the design elements to meet the requirements of the project and implements the Downtown Specific Plan in the most functional and aesthetically pleasing manner. The intent of the Master Plan is summarized by quoting National City's Mayor: "that development in Downtown National City will exemplify superior architecture and the best of urban design". The Master Plan will blend the community's ideas to create a truly unique, memorable place. There are three distinct areas that compose the project: 1.) The streetscape on National City Boulevard from 12th Street to 7th Street, 2.) The medians on National City Boulevard from 7`h Street to the north City limits, and the plaza area on 9th Street between alley west of A Street and National City Boulevard. Deliverables: The deliverables associated with this task are as follows: • Opportunities and Constraints Plan - The aerial photographic map as the base with analysis information as an overlay. • Program - Key elements of the project and a description of the elements. • Conceptual Alternative - One alternative presented to the Community for streetscape and median improvements on National City Blvd. • Public Art Concept - Up to two (2) alternative for fountain / plaza area • Public Participation Documentation - Meeting Minutes • Master Plan - The approved Master Plan rendered and mounted for presentation purposes. • Estimate of Probable Cost - Cost estimates would be developed at the programming phase, the conceptual alternatives phase and for the final master plan. • Two Public Workshops Subtask 4.1 Program Development Site research and analysis is a critical preliminary step to program development. This subtask would include review of all existing conditions information, existing roadway improvement plans, pertinent National City planning documents This step provides the designer with pertinent site information in order to evaluate and determine the site's character, problems and potential. This task National City Boulevard Streetscape, Median, and. Plana Promenade Improvements will generate an Opportunities and Constraints Plan, which would inventory and summarize the research and analysis subtasks. Program development consists of developing a list or outline of all the elements and requirements the design solution must include and satisfy. The program serves two purposes: it acts as a summary and synthesis of the site inventory and analysis as well as the client/public input. The program functions as a checklist with which to compare the design elements as the design team goes through the master -planning process. The approved program is a written reminder of what should be included in the proposed streetscape. Subtask 4.2 Master Planning Master Planning subtask 2.2 through subtask. 2.7 will consist of two workshops that will address all aspects of the project. These concentrated sessions will occur within weeks of one another. The Concept Alternative Workshop will present the Opportunities and Constraints Plan, pertinent case studies of similar projects, the Program and a discussion of plaza public art. Meeting minutes will be generated to document the programming decisions. The design for Public Art will begin with a review of available resource material including demographic and historical data as well as pertinent existing maps, plans and drawings of the project site. The public artist together with PDC will discuss public art with the community to understand first hand, their concerns as well as historic and environmental issues that may be associated with the project. The public artist will also meet with appropriate City staff to review operational concerns such as maintenance and safety and use this information as a guide to design. The public artist will work closely with PDC to develop integral public art components. The master planning team will obtain detailed information at the workshop to determine the community's needs and desires. This information will be transformed into site -related streetscape improvements. Some user groups may have needs and desires that cannot be fulfilled by this project. This type of information will be documented and conveyed to the community. The public input phase is critical to the success of the project, since this is when the community begins to take ownership of the project. Subtask 4.3 Planning Analysis This subtask would review the consolidated information generated during discussions with the City as well as the site inventory, and analysis of information. A functional diagram would be developed showing the most appropriate relationships between proposed functions and spaces outlined in the program. The objective to this exercise is to determine which elements should be associated with one another and which elements should be separated. 7 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Based on the functional diagram and in conjunction with the approved Program, schematic concepts will be discussed and developed. Subtask 4.4 Concept Alternative Based on the schematic concepts, which are a culmination of the site analysis, the Program, the functional diagram, and the preliminary schematic concepts; the concept alternative will be developed. Basic organizing principles and spatial relationships will be reviewed and referenced to create appropriate streetscape improvements. One alternative for National City Blvd and up to two alternatives for the Plaza will be developed and the Program will be reviewed for conformity. The concept alternative phase will help the design team identify appropriate opportunities for art interventions. Based on the team's findings the public artist will generate preliminary sketches for design team input and further develop preferred proposals for City review. Subtask 4.5 Concept Alternative Workshop The Conceptual Alternative Workshop will present the preliminary findings and initial concept to stakeholders, interested parties and the public. Reactions at the workshop will be chronicled and taken into account in the further refinement of the plan. In some instances there may be consensus, and on some issues there may be the need to "agree to disagree." All assumptions are eligible to challenge and subject to reconsideration in light of new ideas, facts and concepts. Regardless, throughout the process the PDC team will maintain an open discourse and respectful exchange of ideas. This will ensure that both those who agree with the plans and those who may oppose them, will have a fair airing of their thoughts. The team is aware that it is not the intent of the City of National City to have a "visioning" process for this project, but rather to provide an opportunity for the public to review and comment on the proposed concept. We are aware that the City of National City is not anticipating a lengthy public input process. The conceptual alternative will be presented to the community. Workshop attendees will break into groups and evaluate the concept based on specific topics: traffic and parking issues, public art, landscape treatments and site furnishings. Each group will present their recommendations to workshop attendees as a whole. Recommendations will be prioritized and meeting minutes will be generated to document decisions. Public art concepts will be presented using drawings, models and photo - simulations along with descriptive narratives and budget analyses. Subtask 4.6 Design Refinement The conceptual alternative will be reviewed to determine which aspects of the concept received the most client / community support. Review of workshop 8 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements information will also identify those parts of the concept that were not well received and determine why. The final design will be developed and the program will be reviewed for conformity with current design. Subtask 4.7 Final Design Workshop The Final Design Workshop will present the Opportunities and Constraints (if necessary), the Program, and the original conceptual alternative. The community input will be reviewed from the prior workshop and the refined alternative will be presented. The community attendees will break into groups and evaluate the refined concept based on specific topics: public art, landscape treatments and site furnishings. The facilitator will provide closure to the workshop phase of the project. Subtask 4.8 Conceptual Cost Estimates PDC will prepare a conceptual cost estimate of the proposed alternative for use by the City of National City. The estimate will be general in nature, based on large portions of work to be completed, and will not include detailed quantity takeoffs. PDC will develop the cost estimate based on construction costs provided by the City staff, our experience with similar projects, local construction cost database resources, quotes from suppliers, and input from City staff TASK 5.0 ENVIRONMENTAL DOCUMENTATION Overview: The goal of this task will be to complete the environmental review process required to obtain funding and undertake the proposed improvements. Overall, the environmental review process is anticipated to be completed with a Categorical Exemption (CEQA) and a Categorical Exclusion (NEPA). It is assumed that PDC would assume primary responsibility under direction of the City staff for preparation of documentation and notices under CEQA. It is also assumed that Caltrans would be responsible for preparing the Categorical Exclusion document and noticing requirements pursuant to NEPA. Primary subtasks will include: (1) Initial Constraint Identification and Agency Coordination, (2) Document Preparation, and (3) Process Coordination. Deliverables: The deliverables associated with this task are as follows: CEQA • Initial Study • Notice of Exemption Assumptions: National City Boulevard Strectscape, Median, and Plaza Promenade Improvements The following tasks will not be completed as a part of this project: • Visual Impact Assessment; • Biological Study; and • PES and initial Field Review forms Subtask 5.1 Initial Constraint Identification and Agency Coordination PDC will complete the following tasks. • Review certified EIR for the Downtown Specific Plan. Identify potential environmental impacts and potential design measures to avoid or reduce any impacts. • Meet with design team to discuss environmental impacts and design measures. • Coordinate with Caltrans staff to identify environmental review process and any aspects that may be unique to the proposed project. Subtask 5.2 Document Preparation PDC will complete the following tasks. NEPA • Prepare Field Review form. CEQA • Prepare Initial Study. • Prepare Notice of Exemption. Subtask 5.3 Environmental Processing PDC will complete the following tasks. NEPA • Conduct a field review with Caltrans staff. • Monitor CE processing by Caltrans and provide supplemental documentation or information, as required. CEQA • Submit Notice of Exemption to City staff. • File Notice of Exemption with County Clerk after approval of improvements. TASK 6.0 TRAFFIC ENGINEERING Traffic engineering studies have been completed as part of previous studies for this project and are assumed adequate for the proposed work. If Caltrans determines that the existing traffic reports are not adequate for processing this 10 National City Boulevard Streetscape, Median, and Plaza Promenade improvements project through Local Assistance, Darnell & Associates will be available to update the existing Traffic Study to conform to EIS format and requirements. TASK 7.0 CONSTRUCTION DOCUMENTS Overview: The purpose of this task is to design and develop the documents required for permitting and construction of the project. Deliverables: Deliverables for this task include the following: • Public Improvement Plans • Construction Details • Striping and Signing Plans • Electrical Plans • Electrical Panel Board Schedules • Planting Plans • Irrigation Plans • Landscape Details • Construction Layout Plans • Roadway Cross -Sections • Water Quality Technical Report (WQTR) • Storm Water Pollution Prevention Plan (SWPPP) • Technical Specifications • Opinion of Probable Construction Costs Assumptions: The following assumptions have been made for this project: • Drainage design will not include area pipe flow analysis; • Structural design and analysis is not included; • Traffic control plans will be completed by the contractor and are not included as a part of this contract; • Traffic signal modification plans are not included; • Traffic signal timing coordination plans are not included; • Mechanical and plumbing construction documents will not be prepared for the fountain; • Drainage improvements will be limited to relocation of existing structures; and • Schedule for design, as stated in the contract, will be maintained, If the schedule is lengthened from the agreed upon schedule. additional services will be required. National City Boulevard Streetscape, Median, and Plaza Promenade improvements Subtask 7.1 Public Improvement Plans The PDC team will develop public improvement plans at 1"=20' scale for processing through the City of National City. The public improvement plans will include plan and profiles of new or modified curb lines, construction details and notes, title sheet, typical sections, drainage modifications, existing and proposed contours at 1 foot intervals, existing right-of-way, easements, locations of existing improvements, location of saw cut lines, project limits, and the locations of items to be removed, relocated, demolished, or salvaged. The public improvement plans will include up to 1 title sheet, 2 notes and details sheets, and eighteen (18) plan and profile sheets. Subtask 7.2 Striping and Signing Plan Roadway striping and signing plans will be developed for the project area along National City Boulevard, from 12`" Street to Division Street. The striping and signing design will be based on the Caltrans standard details and specifications. The striping and signing plans will be prepared at 1 "=40' scale and will include the type and location of proposed traffic striping and signs. This task includes developing up to a total of nine (9) signing and striping sheets. Subtasks 7.3, 7.4, and 7.5 Landscape Construction Documents Landscape construction documents will be prepared at 1" = 20' scale for processing through the City and for public bid. The construction documents will include but are not limited to sidewalk and plaza paving material locations, details and associated improvements. Tree grate installation details, lighting selection and coordination with the electrical engineer, the public art piece / water feature coordination, supplemental details and accent improvements, and site furnishings. Construction documents will also include street and plaza trees with specific locations, species and quantities (planting plan) and specific planting details and specifications; as well as a fully automatic irrigation system for all newly planted areas (irrigation plans and details). Subtask 7.6 Electrical Construction Documents The objective of this task is for Lopez Engineering to prepare construction documents required for permitting and construction of the electrical and street light improvements for the National City Boulevard streetscape, median, and fountain plaza promenade improvements. The electrical plans will be based on discussions with Project Team and the City of National City staff and will incorporate recommendations received from the City, and franchise utilities. The final plans and specifications will be in accordance with the city and regional guidelines, policies, procedures, codes and standards. Plans will be at 1" = 20' scale. Lopez Engineering will prepare voltage drop and conduit fill calculations in order to properly size the wire and conduit; prepare drawings that identify existing light standards and electrical equipment that needs to be removed; identify existing National City Boulevard Streetscape, Median, and Plaza Promenade Tmprovcinents light standards and electrical equipment, which need to remain; prepare drawings that identify proposed light standards and electrical equipment; identify points of connection; design electrical connection to irrigation controllers and fountain pumps; design electrical system for duplex outlet installations in the plaza/promenade area; indicate routing for trenches; where required; and identify utility crossings that will impact the trenches. Lopez Engineering will also complete a basis of design document that summarizes the project scope of work for the electrical design in straightforward language that includes all contract elements. Subtask 7.7 Mechanical Engineering The objective of this task is for Lopez Engineering to coordinate with a pump manufacturer regarding the operating requirements of the pump system for use in the plaza fountain. The pump system requirements will be identified in the specifications and the contractor will be directed submit catalog cuts of the proposed pump system for approval. Subtask 7.8 Roadway Cross Sections PDC will develop cross sections at fifty -foot (50') inter✓als for streetscape improvements along National City Boulevard, from 12th Street to 7ih Street, and along 9th Street, from National City Boulevard to "A" Avenue. Roadway cross sections will not be developed for the portion of the project involving only median improvements. The roadway cross sections will extend from right-of-way to right- of-way, or catch point to catch point (whichever is greater), and include the existing and proposed roadway surface, curb, gutter, median, sidewalk, and cut/fill slopes. This task will include developing up to a total of fourty (40) cross sections. The roadway cross sections will be provided to city staff during their review process, but will not be included as a part of the bidding documents. Subtask 7.9 Water Quality Technical Report Prepare a Water Quality Technical Report (WQTR) to comply with the City of National City regulations and the County of San Diego Standard Urban Storm Water Mitigation Plan (SUSMP) for Land Development. The WQTR will identify pollutants and conditions of concern, establish permanent stormvvater BMPs, and ensure implementation and maintenance of post -construction BMPs. Includes field reconnaissance to observe downstream conditions, including undercutting erosion, slope stability, vegetative stress, and the area's susceptibility to erosion or habitat alteration as a result of any future upstream development, and determination of the rainfall runoff characteristics from the project area under existing and proposed conditions following the requirements of the City of National City and the County SUSMP. The following items are not included in the scope of work for the WQTR and would need to be contracted for separately: hydraulic calculations of BMPs, supply or implementation of BMPs, coordination of maintenance agreements for 13 National City Boulevard Streetscapc, Median, and Plaza Promenade Improvements BMPs, revision of the Water Quality Technical Report due to changes in planned development of the project area. Subtask 7.10 Storm Water Pollution Prevention Plan Prepare a Storm Water Pollution Prevention Plan (SWPPP) as required by the modified General Permit for Storm Water Discharges from Construction Activity (SWRCB Order No. 99-08-DWQ and Resolution No. 2001-046, NPDES Permit No. CAS000002) for construction phase activities based on the SWMP, the Erosion Control Plans, and Grading and Improvement Plans submitted for permitting. The SWPPP will include the site description addressing the elements and characteristics specific to the site, descriptions of BMPs for erosion and sediment controls, descriptions of BMPs for construction waste handling and disposal, methods of implementation of approved local plans, description of proposed post -construction controls, details of non -storm water management, a construction site sampling, monitoring, and inspection plan. This scope includes the completion of a Notice of Intent (NO!) for the Client, one meeting with the Client to review the SWPPP prior to completion, and one brief training session for the site superintendent on proper SWPPP implementation. Updates to the SWPPP during the construction phase are excluded from this scope, but may be added by contract amendment. Client to provide all submittal fees. The following items are not included in the scope of work for the SWPPP and would need to be contracted for separately: hydraulic calculations of BMPs, supply or implementation of BMPs, coordination of maintenance agreements for BMPs, revisions to the SWPPP after approval from the Client, BMP monitoring or sampling, BMP monitoring or sampling training, processing through the Regional Water Quality Control Board (RWQCB) or other resource agency, and correspondence to and/or communication with the State Water Resources Control Board, RWQCB, or other resource agency. Subtask 7.11 Technical Specifications PDC will develop technical specifications for the project in the format requested by the City. The format could follow Caltrans, CSI, or the Standard Specifications for Public Works Construction ("Greenbook"), as required. The technical specifications will direct the methods and materials to be used by the Contractor for construction of the project. The City of National City will prepare the General Provisions for the project specifications. Subtask 7.12 Opinion Of Probable Construction Costs PDC will prepare the Opinion of Probable Construction Costs for use by the City of National City. The estimate will include quantity takeoffs for each bid item. PDC will develop unit costs for the bid items based on unit prices provided by the City staff, our experience with similar projects, local unit cost database resources, quotes from suppliers, and input from City staff. 14 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements TASK 8.0 PROJECT MANAGEMENT The project management task for this project will be an ongoing, continuous process that will begin upon project initiation and conclude after the final construction debriefing meetings have been conducted. This task includes project management items that support the engineering and construction services, team meetings, client meetings, progress reports, invoicing, writing meeting minutes, project coordination, and QA/QC review. Project management will be provided to include attendance and participation of two (2) PDC staff members in up to a total of eight (8) client meetings and eight (8) team meetings. TASK 9.0 AGENCY COORDINATION AND PROCESSING The goal of this task is to secure the permits necessary to construct the improvements. PDC will meet personally with agency staff to discuss the project and the information provided at the time of submittal. We will routinely follow up with staff to keep the project moving forward and take immediate action to address any concerns. As a part of this task, PDC anticipates performing plan processing through the City and coordination with the following agencies/organizations: • SDG&E • SBC • Cox Communications • Time Warner Cable • SANDAG/MTS Lopez Engineering will contact SDG&E and the City of National City staff to discuss the proposed electrical work that needs to be performed, the operation of the existing system, operation and maintenance challenges that these personnel are experiencing with the existing system; the location of existing series street lighting (if any) that need to be upgraded, the points of connection for existing and proposed street lighting branch circuits, and their recommendations for equipment items. Since trenching will be required for this project, Lopez Engineering will coordinate the location of proposed underground conduits with the franchise utility companies and the City of National City to avoid conflicts with existing utilities. TASK 10.0 CALTRANS LOCAL ASSISTANCE PROCESSING PDC will perform Local Assistance processing services through Caltrans for this project. This task includes the review and preparation of forms required for submittal, as stated in the Local Assistance Procedures Manual. Assumptions: • The Resident Engineer's Construction Contract Administration Checklist (Form 15-B) will be completed by the City of National City's Resident Engineer National City Boulevard Streetscape, Median, and Plaza Promenade Improvements TASK 11.0 CONSTRUCTION SERVICES Overview: The PDC team will provide construction services support to the City beginning with the bidding process, through construction, and completion of the record drawings as specified below. Deliverables: The quantity and type of deliverables associated with this task will vary based upon the final construction documents. The assumed deliverables that will likely be completed as a part of this task are as follows:. • Meeting minutes and written responses to Contractor's RFI's and submittals; • As -built record drawings Assumptions: The assumptions associated with this task are as follows; • The duration of construction will adhere to the schedule presented in the RFQ; • Developing, designing, and processing of construction changes are not included. These tasks can be performed for additional services; • Construction surveying and staking are not included, but can be provided as additional services; • The construction work will be continuous from start to completion; • The project will be advertised for construction and awarded to a contractor within the schedule presented in the RFQ; and • The project will go out for bid once, re -bidding the project will require additional bid administration services. Subtask 11.1 Bid Administration Typically, questions and clarifications are necessary during the bidding and construction processes of plans. Members of the PDC team will be available on an as -needed basis to attend pre -bid meetings, site meetings, and the bid opening, up to a total of three (3) meetings. Members of the PDC team will respond to questions from Contractor's interested in bidding on the project through the City, assist in the preparation of one (1) addendum, and review the final bid documents, as required by the City of National City. Subtask 11.2 Construction Phase Services The PDC team will be available on a time and materials basis for meetings and site visits with the Contractor, review material and product submittals for conformance with the construction documents, support the City in verifying that 16 National City Boulevard Streetseape, Median, and Plaza Promenade Improvements construction activities conform to the project drawings and specifications, and respond to RFI's as needed. At the completion of construction activities, the PDC team will be available to attend a debriefing meeting to discuss project closeout. Work for this task will be billed on a time and materials basis and will include attendance and participation in a maximum of five (5) meetings during the construction process. A substantial level of effort is anticipated for art fabrication and installation oversight. The public artist will be onsite during key construction events to assure accurate execution of the final designs. Subtask 11.3 Record Drawings At the conclusion of the project, the City of National City will furnish PDC a single copy of redlined project drawings showing changes made during construction. The design team will modify their respective original drawings to show those record conditions. PDC will process the as -built plans through the City for archiving. TASK 12.0 REIMBURSABLE EXPENSES This task will be used to cover the cost of direct expenses incurred by the project team during this project. The project team will be responsible for preparing and printing exhibits, plan sets for submittal review, and one set of final Mylars. The City of National City will be responsible for printing costs associated with preparing bid sets. 17 EXHIBIT B CITY OF NATIONAL CITY National City Blvd. Streetscape Improvements TASK DESCRIPTION 1.0 SURVEY AND MAPPING PROJECT DESIGN CONSULTANTS CIVIL LANDSCAPE ENGINEERING ARCHITECTURE ENVIRONMENTAL SURVEYING LOPEZ ENGINEERING ELECTRICAL & MECHANICAL ENGINEERING DARNELL & ASSOCIATES TRAFFIC ENGINEERING THE LEIGHTON GROUP GEOTECHNICAL ENGINEERING STEPNER DESIGN GROUP URBAN POLICY PLANNING PAUL HOBSON PUBLIC ARTIST TOTAL 1.1 Control Surveys $ 1,500 1.2 Aerial Photogrammetry $ 8,575 1.3 Right -of -Way Plotting $ 1,000 1.4 Design Topographic Survey $ 6,000 1.5 Easement and Property -Related Document Preparation $ 500 2.0 SUBTOTAL $ 17,575 $ 17,575 DATA COLLECTION 2.1 As -Built Record Research $ 260 2.2 Franchise Utility Record Research $ 520 $ 448 2.3 Site Research $ 2,920 $ 930 $ 672 2.4 Base Map $ 5,125 2.5 Review Existing Plans and Reports $ - $ 1,480 2.6 Develop Cost Model $ 1,040 $ 1,480 $ 448 3.0 SUBTOTAL $ 9865 $ 3,890 $ 1,568 $ 15,323 PHASE I ENVIRONMENTAL SITE ASSESSMENT 3.1 Records Review $ 1,260 3.2 Site Reconnaissance $ 420 3.3 Interviews $ P10 3.4 Report Preparation $ 7,810 4.0 SUBTOTAL $ 9 700 $ 9,700 MASTER PLAN 4.1 Program Development $ 2,485 $ 1,400 4.2 Master Planning $ 5,900 4.3 Planning Analysis $ 5,350 4.4 Concept Alternatives $ 7,210 $ 1,400 $ 4,800 4.5 Concept Alternatives Workshop $ 1,240 $ 1,420 $ 1,400 4.6 Design Refinement $ 6,905 4.7 Final Design Workshop $ 1,240 $ 3,025 $ 1,050 4.8 Conceptual Cost Estimates $ 1,040 $ 2,640 5.0 SUBTOTAL $ 3 520 $ 34,935 $ 5 250 $ 4,800 $ 48,505 ENVIRONMENTAL DOCUMENTATION 5.1 Initial Constraint Identification and Agency Coordination $ 3,900 5.2 Document Preparation $ 13,920 5.3 Environmental Processing $ 6,420 6.0 SUBTOTAL $ 24,240 $ 24,240 TRAFFIC ENGINEERING 6.1 Data Collection $ 760 6.2 Update EIR Traffic Study $ 3,880 7.0 SUBTOTAL $ 4,640 $ 4,640 CONSTRUCTION DOCUMENTS 7.1 Public Improvement Plans $ 55,700 7.2 Striping and Signing Plan $ 9,350 7.3 Landscape Construction Layout Plans and Details $ 27,900 7.4 Irrigation Plans and Details $ 23 400 7.5 Planting Plans and Details $ 20,600 7.6 Electrical Construction Documents $ 13,440 7.7 Mechanical Engineering $ 1,792 7.8 Roadway Cross Sections $ 4,705 7.9 Water Quality Technical Report $ - 5 020 7.10 Storm Water Pollution Prevention Plan $ 5,280 7.11 Technical Specification $ 13 140 $ 3,600 $ 2,688 7.12 Opinion of Probable Construction Costs $ 6,640 $ 6,500 $ 1,344 8.0 SUBTOTAL $ 99,835 $ 82,000 $ 19,264 $ 201,099 PROJECT MANAGEMENT 8.1 Team Meetings $ 5,280 $ 2,700 $ 1,440 8.2 Client Meetings and Minutes $ 4,040 $ 3,600 $ 720 8.3 QA/QC $ 1,200 $ 3,600 $ 360 8.4 Billing / Scheduling $ 2,700 8.5 Progress Reports $ 2,080 $ 1,200 $ 360 9.0 SUBTOTAL $ 15,300 $ 11,100 $ 2,880 $ 29,280 AGENCY COORDINATION AND PROCESSING 'SUBTOTAL 10.0 I $ 3,510 I $ 5,950 I I I I I I I I $ 9,460 CALTRANS LOCAL ASSISTANCE PROCESSING 10.1 Request for Authorization (3C) $ 520 10.2 Project Prefix Checklist (3E) $ 260 10.3 Finance Letter (3F) $ 1 040 10.4 Request for Authorization Data Sheet (3G) $ 2,080 10.5 Local Agency Agreement Checklist (4A) $ 1 400 10.6 Field Review Form (7B) $ 3,480 10.7 Preliminary Estimate of Cost (12A) lone] $ 520 10.8 PS&E Certification (12C) $ 130 10.9 PS&E Checklist (12D) $ 2,800 10.10 No Right of Way Certification (13A) $ 520 10.11 Construction Contract Administration Checklist (15A) $ 520 10.12 Resident Engineer's Construction Contract Administration Checklist $ - 10.13 LocaPAgency Project Advertising Checklist (15C) $ 520 10.14 Bid Tabulation Summary Sheet (15D) $ 1,040 10.15 Local Agency Bid Opening Checklist (151) $ 260 10.16 Local Agency Contract Award Checklist(15L) $ 1,040 10.17 Detail Estimate (15M) $ 780 10.18 Meetings with Caltrans Local Assistance (3 Meetings) $ 1,860 10.19 Revise Forms $ 4,700 10.20 Oversight (To be performed by Boyle Engineering) $ 9,000 11.0 SUBTOTAL $ 32,470 $ 32,470 CONSTRUCTION SERVICES 11.1 Bid Administration $ 1 820 $ 1 850 $ 448 11.2 Construction Support Services $ 5,620 $ 2,600 $ 2,016 $ 5,250 11.3 Record Drawings $ 6,060 $ 4,300 $ 2,240 12.0 SUBTOTAL $ 13,500 $ 8,750 $ 4,704 $ 5,250 $ 32,204 REIMBURSABLE EXPENSES SUBTOTAL I $ 9,000 I $ 7,000 I $ 550 I I $ 1,200 I $ 250 I $ 350 I I I $ 18,350 TOTAL $ 187,000 $ 153,625 $ 27,670 $ 17,575 $ 26,736 $ 4,890 $ 10,050 $ 5,250 $ 10,050 $ 442,846 January 4, 2006 LABOR RATE SCHEDULE Effective March 07, 2005 Principal, Senior Project Manager $180 Project Manager $150 Planning, Environmental & Landscape Architecture Senior Environmental/Senior Planner $120 Senior Landscape Architect $110 GIS Specialist, CAD/GIS Coordinator, Associate Planner $105 Landscape Architect, Project Planner $100 Landscape Designer, Assistant Planner $95 Urban Designer, Electronics Visualization Specialist $90 Junior Planner $90 GIS Technician $85 Graphics Artist $75 Landscape Drafter, Asst. Landscape Designer $70 Planning Intern, Clerical $60 Engineering Senior Project Engineer, Design Manager $130 Project Engineer, Design Supervisor, Water Quality Engineer $115 Senior Civil Designer, Design Engineer, Project Coordinator $105 Civil Engineer, CADD Manager $95 QC Specialist $95 Civil Designer $85 Asst. Civil Engineer $80 Design Drafter $75 Drafter $70 Permit Processor, Clerical $65 Junior Technician $55 Surveying, Photogrammetry Site Manager, Crew Manager, Mapping Manager, Senior Surveyor $125 Sr. Right -of -Way Agent $120 Surveyor $110 Crew/Mapping Coordinator, Photogrammetric Mapping Manager $105 Survey Coordinator $100 Survey/Map Tech II $90 Photogrammetrist/Photogrammetric Map Editor $90 Survey/Map Tech I $85 Right -of -Way Agent $80 Right -of -Way Special Projects Engineer $75 Clerical $60 2-Man Survey Crew (Conventional) $200 3-Man Survey Crew (Conventional) $230 1-Man Crew (GPS; 1 Receiver) $130 2-Man Crew (GPS; 2 Receivers) $225 3-Man Crew (GPS; 3 Receivers) $300 Reimbursable charges for blueprinting, photographic mylar reproduction, photocopying, travel and mileage, delivery services, long-distance telephone charges, computerized plotting, special graphic supplies, facsimiles, and other direct project charges incurred on behalf of Client will be billed to Client at cost plus 10%. Rates subject to change without notice after June 30, 2005 TAMUNICIPAL INFRASTRUCTURE\NATIONAL CITY BLVDALABOR RATE-O5MARCILDOC REVISED 1/l 2/05 EXHIBIT C Nat nal City Bosley. Slreelscape B Founlaln Plaza Promenade Improvements Prolecl ID Task Name TOTAL DESIGN SCHEDULE z INotice to Proceed i Master Planning. Data Collection / Survey. s y Program Development ° Planning analysis ..,.__. Concept Alternatives ° Concept Alternatives Workshop Design Refinement 10 Environmental Documentation 11 Final Concept Presentation 10w I2 Final Engineering 07 days s la Develop Construction Documents ' 15�'a ...__. 'a First City Review 10t� 15 Prepare SWPPP and Specifications 20'm15 16 Revise Plans - 10 rya Final City Review ', 8 days 'S Prepare Final Documents adaya 19 Deliver Final Documents +day 2° Bid Administration zd days 21 Y Construstion 190days Burauon B days d daya Is days 10 days a days 7 days 1 day 10 daya March vs ,( a12 j ile ( iw ._. a/s ♦2. Is h pane ( Sn�l_. wla 92I �' 6126 �' era �anti ( ela ""i firz6 fin 1 INH 1W1551 10 29 jpecealtar I IvalJanuary /19 Sp Progress Mllastme Summery Prcyacl Summery External Tasks Eatnnal MYe1IOM ® 0 dine PROJECT DESIGN CONSULTANTS INTRODUCTION At Project Design Consultants, we study, plan, survey, design and engineer sustainable master planned communities, commercial and urban infill projects, and the public infrastructure that supports them. HISTORY Project Design Consultants was founded in 1970 with a vision, business plan, and five staff members in a small downtown San Diego office. Today, the firm has grown to more than 200 employees and celebrates nearly three decades of experience applying our knowledge to help clients transform communities for the better. OUR CLIENTS Our clients are leaders in both the private and public sectors throughout the West. We help them anticipate and harness the dynamic forces of change that are inherent in developing land and public infrastructure. STAFF Equipped with the latest technology and resources, our staff consists of civil engineers, planners, urban designers, landscape architects, GIS specialists, surveyors, photogrammetrists, and transportation engineers. OFFICE LOCATION Corporate Headquarters 701 B Street, Suite 800 San Diego, CA 92101 619.235.6471 619.234.0349 Fax www.projectdesign.com EXHIBIT D PROFESSIONAL DESIGN SERVICES OFFERED: PLANNING • Regional Planning • Urban Design and Planning • Policy Planning • Permit Processing • Public Agency Support • Redevelopment Planning/Government Coordination • Physical Planning LANDSCAPE ARCHITECTURE • Streetscape, Design/Construction Plans • Park System Master Plan • Park Planning, Design/Construction Plans • Gateway & Entry, Design/Construction Plans • Plaza Planning, Design/Construction Plans • Multi -family Housing Landscape Design • Trail Planning Design Construction Plans • Slope Planting & Irrigation Plans • Fire Control Plans ENVIRONMENTAL • Environmental Documentation/Processing • Constraints/Opportunities Studies • Public Agency Support • Permit Processing ENGINEERING • Land Development Engineering • Urban Engineering • Transportation Planning and Engineering • Water Resources Engineering • Water and Wastewater Engineering • Public Facilities Design • Assessment Engineering • Program Management SURVEY • Cadastral, Boundary and ALTA Surveys • Topographic Surveys • Subdivision Mapping • Condominium Mapping • Digital Mapping Products • Geodetic/Control Surveying • Right -of -Way Engineering • Construction Surveys • Photogrammetry OTHER SERVICES • Geographic Information Systems (GIS) • Graphics (3-D modeling, Multi -Media Presentations, Photo Simulations, Cornputer and Hand Graphics) oad }noq A i 0 RESOLUTION NO. 2006 - 13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PROJECT DESIGN CONSULTANTS, INC., IN THE AMOUNT OF $442,846 TO PROVIDE DESIGN AND CONSTRUCTION SERVICES FOR THE NATIONAL CITY BOULEVARD STREETSCAPE AND FOUNTAIN PLAZA PROMENADE IMPROVEMENTS PROJECT WHEREAS, the City desires to employ a contractor to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project; and WHEREAS, the City has determined that Project Design Consultants, Inc., is a professional engineering/architectural firm, and is qualified by experience and ability to perform such services desired by the City, and Project Design Consultants, Inc., is willing to perform such services at the cost of $442,846. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement in the amount of $442,846 with Project Design Consultants, Inc., to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of February, 2006. IA) Nick In • nza, Mayor ATTEST: Mich I R. Dalla, ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on February 7, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California A City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-13 of the City of National City, California, passed and adopted by the Council of said City on February 7, 2006. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT 9 AEETING DATE February 7, 2006 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute a contract between Project Design Consultants and the City for $442,846 to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project (This project is funded by a SANDAG Smart Growth Grant and the Community Development Commission.) PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT. 1387 EXPLANATION See attached explanation. Environmental Review X N/A MIS Approval Financial Statement The amount for the contract is $442,846. ..p roved By: Finance Director Funding is available through Community Development Center (CDC) Department. The expenditures toward each of the three projects will be as follows: Sidewalk and Streetlighting ($252,422), and Median and Landscape r1 '3`-'o ($141,711), and Fountain Plaza -Promenade Improvements ($48,715)1161% Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATMN N/A ATTACHMENTS ( Listed Below ) L....1. Resolution A-200 (Rev. 7/03) Resolution No. aOO1v _ /3 2. Three original copies of the Contract Agreement 3. Firm's Biography C 2oo — 2 RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PROJECT DESIGN CONSULTANTS, INC., IN THE AMOUNT OF $442,846 TO PROVIDE DESIGN AND CONSTRUCTION SERVICES FOR THE NATIONAL CITY BOULEVARD STREETSCAPE AND FOUNTAIN PLAZA PROMENADE IMPROVEMENTS PROJECT WHEREAS, the City desires to employ a contractor to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project; and WHEREAS, the City has determined that Project Design Consultants, Inc., is a professional engineering/architectural firm, and is qualified by experience and ability to perform such services desired by the City, and Project Design Consultants, Inc., is willing to perform such services at the cost of $442,846. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement in the amount of $442,846 with Project Design Consultants, Inc., to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of February, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk d APPROVED AS TO FORM: George H. Eiser, III City Attorney RE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a contract between Project Design Consultants and the City for $442,846 to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project (This project is funded by a SANDAG Smart Growth Grant and the Community Development Commission.) Background National City Boulevard is considered to be the most prominent north -south thoroughfare within the Downtown/Civic Center area of the City of National City. According to the findings of the Downtown Specific Plan, the proposed street improvements on National City Boulevard and cross streets will provide a more appealing walkable neighborhood for the community and have a significant impact on the visual quality of the street and adjacent businesses. The recommended improvements are to install landscaped medians with street trees and traffic striping/marking on National City Boulevard between 7th and Division Streets. In addition, the improvements will include the sidewalk area rehabilitation of an area on National City Boulevard between 12th and 7th Streets. The work will include coordinated design of public right of way improvements such as lighting, street furniture, sidewalk, driveway, curb and gutter, traffic signs, irrigation, signage, and plant material which will provide a visual orientation framework for Downtown visitors. The project will also include a Fountain Plaza Promenade improvement which will be installed on 9th Street between A Avenue and National City Boulevard. The Fountain Plaza is conceived to be a public space that is a major crossroad in Downtown for residents, and students from the Education Village and visitors. In order to provide the financial support for the project and to perform the recommended improvements the City submitted grant applications for the project through the San Diego Association of Government's (SANDAG's) Pilot Smart Growth Incentive program. The City received the requested grant funds in support of the City's proposed work. The grant funds constitute approximately half of the total construction cost. The remaining construction cost will be local funds provided by the Community Development Commission. The design work will be entirely CDC funded. Engineering/Architectural Design On October 10, 2005, the Engineering Department requested Statements of Qualification for professional engineering/architectural services to design the recommended improvements on National City Boulevard and for the Fountain Plaza Promenade. 1 On November 7, 2005, the City received eight statements of Qualification from the following firms: Boyle Engineering DeLorenzo Incorporated Masson & Associates, Inc. Nasland Engineering Project Design Consultant Schmidt Design Group, Inc. Van Dyke San Diego, CA 92111 San Diego, CA 92101 Escondido, CA 92025 San Diego, CA 92111 San Diego, CA 92101 San Diego, CA 92103 San Diego, CA 92103 A selection panel was formed to review the submittals. The panel members consisted of Steve Kirkpatrick (City Engineer), Ben Martinez (CDC Director,) Mary Jo Wilson (Principal Planner), Maryza Seal (Management Analysis II), and Din Daneshfar (Associate Civil Engineer). On November 17, 2005, after the review of the submittals the selection panel met and selected four candidates for interview. The four firms were Nasland Engineering, Project Design Consultant, Schmidt Design Group, Inc., and Van Dyke. The candidates were interviewed and Project Design Consultant was selected to advance to the next step. The scope of work, project schedule, and fees were negotiated with the selected firm. Financial Currently, the grant funds available for the project are $2,000,000 through the Pilot Smart Growth Incentive Program. The total amount as matching funds budgeted by the Community Development Commission for the project is $2,258,000. The total cost for the entire project is estimated at $4,258,000. The design is funded by the Community Development Commission. Staff Recommendation Staff's recommendation is to adopt the resolution authorizing the Mayor to execute the contract between the City and Project Design Consultants. Attachments Details of the scope of work for the work, cost estimates, and schedules for this agreement are included in the attached Exhibits "A", "B", and "C". A biography of the firm is attached as Exhibit "D". AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT ENGINEERING CONSULTANTS THIS AGREEMENT is entered into this 17th day of January, 2006, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Project Design Consutant, a California Professional Corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide the City with the Engineering and Architectural Design Services for the National Streetscape anfd Fountain Plaza Promenade Improvements Project. WHEREAS, the CITY has determined that the CONTRACTOR is a is a Professional Engineering/Architectural firm, 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 "A". 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 "A"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 Revised April 2005 corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 25% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Mr. Din Daneshfar 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 CONTRA- CTOR. Mr. Gordon Lutes 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 "A"shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the City. 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. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C". 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 2 Revised April 2005 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. 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 3 Revised April 2005 City of National City business license prior to and during performance of any work pursuant to this Agreement. 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 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. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. 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 4 Revised April 2005 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 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 defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, 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 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. Revised April 2005 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, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's employees. E. The aforesaid policies shall constitute•.primary insurance as to the CITY, its officers, employees, and 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. 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 Agree- ment. ment. H. Any aggregate insurance limits must apply solely to this Agree - 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 compliedwith, 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. 6 Revised April 2005 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 judgment 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, 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, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration 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. 7 Revised April 2005 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: To the CITY: To the CONTRACTOR: Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 Gordon Lutes Senior Vice President Project Design Consultants 701 B Street, Suite 800 San Duego, CA 92101 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 8 Revised April 2005 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. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. 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. 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 Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. Exhibit A — Scope of Services Exhibit B — Fee Schedule Exhibit C - Project Schedule Exhibit D — Firm's Biography 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. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent 9 Revised April 2005 agreement, representation, or promise made by either party hereto, or by 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Project Design Cosultants (Corporation - signatures of two corporate officers) By: Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, Ill City Attorney By: (Title) (Name) (Title) 10 Revised April 2005 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements EXHIBIT A SCOPE OF WORK TASK 1.0 SURVEY AND MAPPING Overview: Accurate and current survey and aerial topographic base mapping will be required to provide a sound basis for the design and construction documents. In addition, this task will establish the relevant project property lines, easements and encumbrances. The purpose of this task is to establish survey datums, conduct site and aerial GPS control surveys, prepare aerial topographic mapping, digital color orthophoto mapping and map street right-of-way, utility and feature location/mapping. Deliverables: The deliverables associated with this task are as follows: • Control survey map and coordinate/elevation values; • Nine by nine inch prints of black and white aerial photography; • Color aerial orthophoto of project area; • One -foot contour interval digital aerial topographic mapping in Autocad format; • Digital Terrain Model at one -foot contour interval accuracy in Autocad format; • Hardcopy plot and digital CAD file of the plotted right-of-way in Autocad format; and • Digital coordinate and elevation data of field supplemental topographic surveys and hardcopy plots of locations in Autocad format. Assumptions: This task assumes that survey and mapping services will not be required for the acquisition of right-of-way or easements. Subtask 1.1 Control Surveys Static GPS survey method will be used to transfer California Coordinate System NAD 83, Zone 6, NGS HPGN or City of National City GPS control monuments and appropriate vertical datum to project control monuments. HN control panels will be surveyed by GPS Rapid Static and RTK methods to the project control. 1 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Subtask 1.2 Aerial Photogrammetry Color aerial photography will be collected with a RC30 calibrated camera with Forward Motion Compensation. Photography for topographic mapping will be collected for one -foot contour interval mapping. Conventional aerotriangulation will be utilized to transfer minimal ground control panels to control each stereo model with four pug points. A single bundle block adjustment will be conducted to balance error with a report produced to quantify the quality of the control and adjustment. Breaklines, mass points, digital terrain model, contours and topographic features will be mapped by a let order IMA analytical stereo plotter with super -imposition of the CAD image over the stereo model projection or on a Datum Summit color softcopy system. Subtask 1.3 Right -of -Way Plotting Record survey maps will be researched at the County Recorder's Office. A sufficient number of record monuments of the property boundary will be searched for and surveyed into the project coordinate system with GPS Rapid Static and RTK methods or conventional total station methods. The purpose of this sub - task is to provide AutoCad line work sufficient for project design. Subtask 1.4 Design Topographic Survey These surveys would be performed with RTK GPS or conventional total station equipment. These surveys would supplement the aerial topographic survey when greater accuracy or detail is required. These surveys include surface street cross sections at the minimum of 50' intervals along National City Boulevard from 12th Street to 9th Street. Also included is supplemental survey data within the plaza area of 9th Street. All data will be collected electronically and downloaded to CAD files electronically for evaluation of the design engineers. Subtask 1.5 Easement and Property -Related Document Preparation Documents could include utility easements, temporary construction easements, construction access easements, right -of -entry permits, Caltrans encroachment permits, State Lands Commission easement, and numerous other related documents. Licensed land surveyors will prepare these documents. No document is anticipated, but this task includes the preparation of one (1) property exhibit. TASK 2.0 DATA COLLECTION Overview: 2 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements The purpose of the data collection task is to perform the necessary research, collection, and organization of data to support the design process for the entire project. Deliverables: The deliverables associated with this task are as follows: • Base map in AutoCAD format; and • Cost model in Excel format Assumptions: The following assumptions have been made for this project: • City staff will provide PDC with as -built and survey record information; and • City staff will provide PDC with unit cost data from similar projects recently completed within the City of National City for use in developing the cost model. Subtask 2.1 As -Built Record Research This task includes coordinating with city staff to determine the appropriate record information needed for this project. The City of National City staff will research and provide PDC with appropriate as -built improvement and survey record information for all areas within the project limits. As -built records provided to PDC should include existing public street improvements, traffic signals, street lights, storm drain systems, sewer systems, water systems, irrigation systems, record survey maps and all other available information requested by PDC. Subtask 2.2 Franchise Utility Record Research PDC will contact the franchise utility companies and request copies of their record utility maps within the project limits. This information will be used by the design team to coordinate proposed improvements with the franchise utility companies and their respective facilities. Subtask 2.3 Site Research The purpose of this task is to identify existing site conditions that will impact the work to be done and to field verify as -built record information. A visual survey of the site will be conducted by the design team to identify existing improvements, equipment, materials, plantings, and furnishings that will remain, be removed, and/or be replaced. A photo log of the existing site improvements will be created and used for reference by the design team. Subtask 2.4 Base Map The survey, mapping, and existing record information will be consolidated into a master AutoCAD file for creation of the base map. The base map will be utilized 3 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements by the Design Team for preparation of construction plans and exhibits as well as to assist in the planning/coordination of meetings. Subtask 2.5 Review Existing Plans And Reports PDC will review and become familiar with the National City Specific Plan and other environmental documents previously prepared that encompass the project area. Subtask 2.6 Develop Cost Model City staff will provide PDC with unit cost data from similar projects recently completed within the City of National City. This task includes research performed by PDC to collect cost data from projects of similar scope and location, material suppliers, manufacturers, and cost books to supplement the unit cost data provided by City staff. The cost data will be developed into a cost model for the project. The cost model will be used as the basis for preparing cost estimates during the master planning and final engineering phases of the project. TASK 3.0 PHASE I ENVIRONMENTAL SITE ASSESSMENT Overview: The proposed study consists of the following tasks: • Task 1 - Records Review • Task 2 - Onsite Observational Reconnaissance • Task 3 - Interviews • Task 4 - Report Preparation The "site" for this scope of work will be limited to the portion of National City Boulevard between 1st Street and Division Street directly adjacent to the existing gas station. Work will be performed in general accordance with ASTM "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessments Process - E 1527-00". Details of the tasks outlined in the subsections. Assumptions: The proposed study does not include the following: • Water sampling and analyses; • Consideration of possible future contamination of the site from adjacent or surrounding facilities or properties; and • Physical sampling and testing of soils, asphalt, concrete, and/or other materials. 4 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Subtask 3.1 Records Review • Review of selected government documents for record of potential hazardous materials/waste contamination at the site and in the immediate vicinity of the site. • Review of selected historical aerial photographs for general site use information. • Review of readily available published local geology and a current USGS 7.5 Minute Topographic Map and literature to determine geologic setting and types of geologic formations beneath the site. • Review of readily available published local and regional hydrogeology maps and literature for depths to ground water, general quality of ground water, direction of ground water flow, and water -bearing lithologies. • Review of existing geotechnical and environmental reports, provided by National City, for mention of environmental conditions onsite. • Review of the following reasonably available historical sources of information which shows the subject site dating back to 1940: aerial photographs, fire insurance maps, property tax files, recorded land title records, USGS 7.5 Minute Topographic Maps, local street directories, building department records, zoning/land use records. • Contact appropriate local (fire department, planning and building permit departments, utility), county (County Department of Environmental Health, Regional Water Quality Control Board, Air District), and state agencies who may have information regarding the occurrence of hazardous materials/waste at the site, including registered underground storage tanks, landfills, contaminated sites, records of emergency release reports, contaminated public wells. Subtask 3.2 Site Reconnaissance • Perform an onsite observational reconnaissance for visual indications of environmental conditions. This includes observations of the current conditions of the site and adjacent properties for drum storage and chemicals, discolored ground surfaces or corrosion, underground storage tanks, drains or sumps/clarifiers, electrical transformers, areas of solid waste disposal, transformers, monitoring wells, septic systems, stressed vegetation, etc. • Land use of immediately adjacent properties will also be identified for signs of a potential environmental impact on the subject site, including USTs and ASTs, manufacturing activities, landfills, etc. • Photograph current site conditions. Subtask 3.3 Interviews • Interview selected present employees (if they are available and cooperative) for additional information about past and present site usage. • Interviews with local government officials (Fire Department, and Health Agency) for information regarding hazardous waste disposal or other environmental issues dealing with the site. 5 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Subtask 3.4 Report Preparation • A report summarizing our findings, conclusions, and recommendations will be prepared and submitted to you. TASK 4.0 MASTER PLAN Overview: The purpose of the master planning process is to develop a site design that collectively utilizes the design elements to meet the requirements of the project and implements the Downtown Specific Plan in the most functional and aesthetically pleasing manner. The intent of the Master Plan is summarized by quoting National City's Mayor: "that development in Downtown National City will exemplify superior architecture and the best of urban design". The Master Plan will blend the community's ideas to create a truly unique, memorable place. There are three distinct areas that compose the project: 1.) The streetscape on National City Boulevard from 12th Street to 7th Street, 2.) The medians on National City Boulevard from 7th Street to the north City limits, and the plaza area on 9th Street between alley west of A Street and National City Boulevard. Deliverables: The deliverables associated with this task are as follows: • Opportunities and Constraints Plan — The aerial photographic map as the base with analysis information as an overlay. • Program — Key elements of the project and a description of the elements. • Conceptual Alternative — One alternative presented to the Community for streetscape and median improvements on National City Blvd. • Public Art Concept — Up to two (2) alternative for fountain / plaza area • Public Participation Documentation — Meeting Minutes • Master Plan — The approved Master Plan rendered and mounted for presentation purposes. • Estimate of Probable Cost — Cost estimates would be developed at the programming phase, the conceptual alternatives phase and for the final master plan. • Two Public Workshops Subtask 4.1 Program Development Site research and analysis is a critical preliminary step to program development. This subtask would include review of all existing conditions information, existing roadway improvement plans, pertinent National City planning documents This step provides the designer with pertinent site information in order to evaluate and determine the site's character, problems and potential. This task 6 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements will generate an Opportunities and Constraints Plan, which would inventory and summarize the research and analysis subtasks. Program development consists of developing a list or outline of all the elements and requirements the design solution must include and satisfy. The program serves two purposes: it acts as a summary and synthesis of the site inventory and analysis as well as the client/public input. The program functions as a checklist with which to compare the design elements as the design team goes through the master -planning process. The approved program is a written reminder of what should be included in the proposed streetscape. Subtask 4.2 Master Planning Master Planning subtask 2.2 through subtask 2.7 will consist of two workshops that will address all aspects of the project. These concentrated sessions will occur within weeks of one another. The Concept Alternative Workshop will present the Opportunities and Constraints Plan, pertinent case studies of similar projects, the Program and a discussion of plaza public art. Meeting minutes will be generated to document the programming decisions. The design for Public Art will begin with a review of available resource material including demographic and historical data as well as pertinent existing maps, plans and drawings of the project site. The public artist together with PDC will discuss public art with the community to understand first hand, their concerns as well as historic and environmental issues that may be associated with the project. The public artist will also meet with appropriate City staff to review operational concerns such as maintenance and safety and use this information as a guide to design. The public artist will work closely with PDC to develop integral public art components. The master planning team will obtain detailed information at the workshop to determine the community's needs and desires. This information will be transformed into site -related streetscape improvements. Some user groups may have needs and desires that cannot be fulfilled by this project. This type of information will be documented and conveyed to the community. The public input phase is critical to the success of the project, since this is when the community begins to take ownership of the project. Subtask 4.3 Planning Analysis This subtask would review the consolidated information generated during discussions with the City as well as the site inventory and analysis of information. A functional diagram would be developed showing the most appropriate relationships between proposed functions and spaces outlined in the program. The objective to this exercise is to determine which elements should be associated with one another and which elements should be separated. 7 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Based on the functional diagram and in conjunction with the approved Program, schematic concepts will be discussed and developed. Subtask 4.4 Concept Alternative Based on the schematic concepts, which are a culmination of the site analysis, the Program, the functional diagram, and the preliminary schematic concepts; the concept alternative will be developed. Basic organizing principles and spatial relationships will be reviewed and referenced to create appropriate streetscape improvements. One alternative for National City Blvd and up to two alternatives for the Plaza will be developed and the Program will be reviewed for conformity. The concept alternative phase will help the design team identify appropriate opportunities for art interventions. Based on the team's findings the public artist will generate preliminary sketches for design team input and further develop preferred proposals for City review. Subtask 4.5 Concept Alternative Workshop The Conceptual Alternative Workshop will present the preliminary findings and initial concept to stakeholders, interested parties and the public. Reactions at the workshop will be chronicled and taken into account in the further refinement of the plan. In some instances there may be consensus, and on some issues there may be the need to "agree to disagree." All assumptions are eligible to challenge and subject to reconsideration in light of new ideas, facts and concepts. Regardless, throughout the process the PDC team will maintain an open discourse and respectful exchange of ideas. This will ensure that both those who agree with the plans and those who may oppose them, will have a fair airing of their thoughts. The team is aware that it is not the intent of the City of National City to have a "visioning" process for this project, but rather to provide an opportunity for the public to review and comment on the proposed concept. We are aware that the City of National City is not anticipating a lengthy public input process. The conceptual alternative will be presented to the community. Workshop attendees will break into groups and evaluate the concept based on specific topics: traffic and parking issues, public art, landscape treatments and site furnishings. Each group will present their recommendations to workshop attendees as a whole. Recommendations will be prioritized and meeting minutes will be generated to document decisions. Public art concepts will be presented using drawings, models and photo - simulations along with descriptive narratives and budget analyses. Subtask 4.6 Design Refinement The conceptual alternative will be reviewed to determine which aspects of the concept received the most client / community support. Review of workshop 8 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements information will also identify those parts of the concept that were not well received and determine why. The final design will be developed and the program will be reviewed for conformity with current design. Subtask 4.7 Final Design Workshop The Final Design Workshop will present the Opportunities and Constraints (if necessary), the Program, and the original conceptual alternative. The community input will be reviewed from the prior workshop and the refined alternative will be presented. The community attendees will break into groups and evaluate the refined concept based on specific topics: public art, landscape treatments and site furnishings. The facilitator will provide closure to the workshop phase of the project. Subtask 4.8 Conceptual Cost Estimates PDC will prepare a conceptual cost estimate of the proposed alternative for use by the City of National City. The estimate will be general in nature, based on large portions of work to be completed, and will not include detailed quantity takeoffs. PDC will develop the cost estimate based on construction costs provided by the City staff, our experience with similar projects, local construction cost database resources, quotes from suppliers, and input from City staff TASK 5.0 ENVIRONMENTAL DOCUMENTATION Overview: The goal of this task will be to complete the environmental review process required to obtain funding and undertake the proposed improvements. Overall, the environmental review process is anticipated to be completed with a Categorical Exemption (CEQA) and a Categorical Exclusion (NEPA). It is assumed that PDC would assume primary responsibility under direction of the City staff for preparation of documentation and notices under CEQA. It is also assumed that Caltrans would be responsible for preparing the Categorical Exclusion document and noticing requirements pursuant to NEPA. Primary subtasks will include: (1) Initial Constraint Identification and Agency Coordination, (2) Document Preparation, and (3) Process Coordination. Deliverables: The deliverables associated with this task are as follows: CEQA • Initial Study • Notice of Exemption Assumptions: 9 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements The following tasks will not be completed as a part of this project: • Visual Impact Assessment; • Biological Study; and • PES and initial Field Review forms Subtask 5.1 Initial Constraint Identification and Agency Coordination PDC will complete the following tasks. • Review certified EIR for the Downtown Specific Plan. Identify potential environmental impacts and potential design measures to avoid or reduce any impacts. • Meet with design team to discuss environmental impacts and design measures. • Coordinate with Caltrans staff to identify environmental review process and any aspects that may be unique to the proposed project. Subtask 5.2 Document Preparation PDC will complete the following tasks. NEPA • Prepare Field Review form. CEQA • Prepare Initial Study. • Prepare Notice of Exemption. Subtask 5.3 Environmental Processing PDC will complete the following tasks. NEPA • Conduct a field review with Caltrans staff. • Monitor CE processing by Caltrans and provide supplemental documentation or information, as required. CEQA • Submit Notice of Exemption to City staff. • File Notice of Exemption with County Clerk after approval of improvements. TASK 6.0 TRAFFIC ENGINEERING Traffic engineering studies have been completed as part of previous studies for this project and are assumed adequate for the proposed work. If Caltrans determines that the existing traffic reports are not adequate for processing this 10 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements project through Local Assistance, Darnell & Associates will be available to update the existing Traffic Study to conform to EIS format and requirements. TASK 7.0 CONSTRUCTION DOCUMENTS Overview: The purpose of this task is to design and develop the documents required for permitting and construction of the project. Deliverables: Deliverables for this task include the following: • Public Improvement Plans • Construction Details • Striping and Signing Plans • Electrical Plans • Electrical Panel Board Schedules • Planting Plans • Irrigation Plans • Landscape Details • Construction Layout Plans • Roadway Cross -Sections • Water Quality Technical Report (WQTR) • Storm Water Pollution Prevention Plan (SWPPP) • Technical Specifications • Opinion of Probable Construction Costs Assumptions: The following assumptions have been made for this project: • Drainage design will not include area pipe flow analysis; • Structural design and analysis is not included; • Traffic control plans will be completed by the contractor and are not included as a part of this contract; • Traffic signal modification plans are not included; • Traffic signal timing coordination plans are not included; • Mechanical and plumbing construction documents will not be prepared for the fountain; • Drainage improvements will be limited to relocation of existing structures; and • Schedule for design, as stated in the contract, will be maintained. If the schedule is lengthened from the agreed upon schedule, additional services will be required. 11 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Subtask 7.1 Public Improvement Plans The PDC team will develop public improvement plans at 1"=20' scale for processing through the City of National City. The public improvement plans will include plan and profiles of new or modified curb lines, construction details and notes, title sheet, typical sections, drainage modifications, existing and proposed contours at 1 foot intervals, existing right-of-way, easements, locations of existing improvements, location of saw cut lines, project limits, and the locations of items to be removed, relocated, demolished, or salvaged. The public improvement plans will include up to 1 title sheet, 2 notes and details sheets, and eighteen (18) plan and profile sheets. Subtask 7.2 Striping and Signing Plan Roadway striping and signing plans will be developed for the project area along National City Boulevard, from 12th Street to Division Street. The striping and signing design will be based on the Caltrans standard details and specifications. The striping and signing plans will be prepared at 1"=40' scale and will include the type and location of proposed traffic striping and signs. This task includes developing up to a total of nine (9) signing and striping sheets. Subtasks 7.3, 7.4, and 7.5 Landscape Construction Documents Landscape construction documents will be prepared at 1" = 20' scale for processing through the City and for public bid. The construction documents will include but are not limited to sidewalk and plaza paving material locations, details and associated improvements. Tree grate installation details, lighting selection and coordination with the electrical engineer, the public art piece / water feature coordination, supplemental details and accent improvements, and site furnishings. Construction documents will also include street and plaza trees with specific locations, species and quantities (planting plan) and specific planting details and specifications; as well as a fully automatic irrigation system for all newly planted areas (irrigation plans and details). Subtask 7.6 Electrical Construction Documents The objective of this task is for Lopez Engineering to prepare construction documents required for permitting and construction of the electrical and street light improvements for the National City Boulevard streetscape, median, and fountain plaza promenade improvements. The electrical plans will be based on discussions with Project Team and the City of National City staff and will incorporate recommendations received from the City, and franchise utilities. The final plans and specifications will be in accordance with the city and regional guidelines, policies, procedures, codes and standards. Plans will be at 1" = 20' scale. Lopez Engineering will prepare voltage drop and conduit fill calculations in order to properly size the wire and conduit; prepare drawings that identify existing light standards and electrical equipment that needs to be removed; identify existing 12 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements light standards and electrical equipment, which need to remain; prepare drawings that identify proposed light standards and electrical equipment; identify points of connection; design electrical connection to irrigation controllers and fountain pumps; design electrical system for duplex outlet installations in the plaza/promenade area; indicate routing for trenches, where required; and identify utility crossings that will impact the trenches. Lopez Engineering will also complete a basis of design document that summarizes the project scope of work for the electrical design in straightforward language that includes all contract elements. Subtask 7.7 Mechanical Engineering The objective of this task is for Lopez Engineering to coordinate with a pump manufacturer regarding the operating requirements of the pump system for use in the plaza fountain. The pump system requirements will be identified in the specifications and the contractor will be directed submit catalog cuts of the proposed pump system for approval. Subtask 7.8 Roadway Cross Sections PDC will develop cross sections at fifty -foot (50') intervals for streetscape improvements along National City Boulevard, from 12th Street to 7th Street, and along 9th Street, from National City Boulevard to "A" Avenue. Roadway cross sections will not be developed for the portion of the project involving only median improvements. The roadway cross sections will extend from right-of-way to right- of-way, or catch point to catch point (whichever is greater), and include the existing and proposed roadway surface, curb, gutter, median, sidewalk, and cut/fill slopes. This task will include developing up to a total of fourty (40) cross sections. The roadway cross sections will be provided to city staff during their review process, but will not be included as a part of the bidding documents. Subtask 7.9 Water Quality Technical Report Prepare a Water Quality Technical Report (WQTR) -to comply with the City of National City regulations and the County of San Diego Standard Urban Storm Water Mitigation Plan (SUSMP) for Land Development. The WQTR will identify pollutants and conditions of concern, establish permanent stomiwater BMPs, and ensure implementation and maintenance of post -construction BMPs. Includes field reconnaissance to observe downstream conditions, including undercutting erosion, slope stability, vegetative stress, and the area's susceptibility to erosion or habitat alteration as a result of any future upstream development, and determination of the rainfall runoff characteristics from the project area under existing and proposed conditions following the requirements of the City of National City and the County SUSMP. The following items are not included in the scope of work for the WQTR and would need to be contracted for separately: hydraulic calculations of BMPs, supply or implementation of BMPs, coordination of maintenance agreements for 13 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements BMPs, revision of the Water Quality Technical Report due to changes in planned development of the project area. Subtask 7.10 Storm Water Pollution Prevention Plan Prepare a Storm Water Pollution Prevention Plan (SWPPP) as required by the modified General Permit for Storm Water Discharges from Construction Activity (SWRCB Order No. 99-08-DWQ and Resolution No. 2001-046, NPDES Permit No. CAS000002) for construction phase activities based on the SWMP, the Erosion Control Plans, and Grading and Improvement Plans submitted for permitting. The SWPPP will include the site description addressing the elements and characteristics specific to the site, descriptions of BMPs for erosion and sediment controls, descriptions of BMPs for construction waste handling and disposal, methods of implementation of approved local plans, description of proposed post -construction controls, details of non -storm water management, a construction site sampling, monitoring, and inspection plan. This scope includes the completion of a Notice of Intent (NOI) for the Client, one meeting with the Client to review the SWPPP prior to completion, and one brief training session for the site superintendent on proper SWPPP implementation. Updates to the SWPPP during the construction phase are excluded from this scope, but may be added by contract amendment. Client to provide all submittal fees. The following items are not included in the scope of work for the SWPPP and would need to be contracted for separately: hydraulic calculations of BMPs, supply or implementation of BMPs, coordination of maintenance agreements for BMPs, revisions to the SWPPP after approval from the Client, BMP monitoring or sampling, BMP monitoring or sampling training, processing through the Regional Water Quality Control Board (RWQCB) or other resource agency, and correspondence to and/or communication with the State Water Resources Control Board, RWQCB, or other resource agency. Subtask 7.11 Technical Specifications PDC will develop technical specifications for the project in the format requested by the City. The format could follow Caltrans, CSI, or the Standard Specifications for Public Works Construction ("Greenbook"), as required. The technical specifications will direct the methods and materials to be used by the Contractor for construction of the project. The City of National City will prepare the General Provisions for the project. specifications. Subtask 7.12 Opinion Of Probable Construction Costs PDC will prepare the Opinion of Probable Construction Costs for use by the City of National City. The estimate will include quantity takeoffs for each bid item. PDC will develop unit costs for the bid items based on unit prices provided by the City staff, our experience with similar projects, local unit cost database resources, quotes from suppliers, and input from City staff. 14 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements TASK 8.0 PROJECT MANAGEMENT The project management task for this project will be an ongoing, continuous process that will begin upon project initiation and conclude after the final construction debriefing meetings have been conducted. This task includes. project management items that support the engineering and construction services, team meetings, client meetings, progress reports, invoicing, writing meeting minutes, project coordination, and QA/QC review. Project management will be provided to include attendance and participation of two (2) PDC staff members in up to a total of eight (8) client meetings and eight (8) team meetings. TASK 9.0 AGENCY COORDINATION AND PROCESSING The goal of this task is to secure the permits necessary to construct the improvements. PDC will meet personally with agency staff to discuss the project and the information provided at the time of submittal. We will routinely follow up with staff to keep the project moving forward and take immediate action to address any concerns. As a part of this task, PDC anticipates performing plan processing through the City and coordination with the following agencies/organizations: • SDG&E • SBC • Cox Communications • Time Warner Cable • SANDAG/MTS Lopez Engineering will contact SDG&E and the City of National City staff to discuss the proposed electrical work that needs to be performed, the operation of the existing system, operation and maintenance challenges that these personnel are experiencing with the existing system, the location of existing series street lighting (if any) that need to be upgraded, the points of connection for existing and proposed street lighting branch circuits, and their recommendations for equipment items. Since trenching will be required for this project, Lopez Engineering will coordinate the location of proposed underground conduits with the franchise utility companies and the City of National City to avoid conflicts with existing utilities. TASK 10.0 CALTRANS LOCAL ASSISTANCE PROCESSING PDC will perform Local Assistance processing services through Caltrans for this project. This task includes the review and preparation of forms required for submittal, as stated in the Local Assistance Procedures Manual. Assumptions: • The Resident Engineer's Construction Contract Administration Checklist (Form 15-B) will be completed by the City of National City's Resident Engineer 15 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements TASK 11.0 CONSTRUCTION SERVICES Overview: The PDC team will provide construction services support to the City beginning with the bidding process, through construction, and completion of the record drawings as specified below. Deliverables: The quantity and type of deliverables associated with this task will vary based upon the final construction documents. The assumed deliverables that will likely be completed as a part of this task are as follows: • Meeting minutes and written responses to Contractor's RFI's and submittals; • As -built record drawings Assumptions: The assumptions associated with this task are as follows: • The duration of construction will adhere to the schedule presented in the RFQ; • Developing, designing, and processing of construction changes are not included. These tasks can be performed for additional services; • Construction surveying and staking are not included, but can be provided as additional services; • The construction work will be continuous from start to completion; • The project will be advertised for construction and awarded to a contractor within the schedule presented in the RFQ; and • The project will go out for bid once, re -bidding the project will require additional bid administration services. Subtask 11.1 Bid Administration Typically, questions and clarifications are necessary during the bidding and construction processes of plans. Members of the PDC team will be available on an as -needed basis to attend pre -bid meetings, site meetings, and the bid opening, up to a total of three (3) meetings. Members of the PDC team will respond to questions from Contractor's interested in bidding on the project through the City, assist in the preparation of one (1) addendum, and review the final bid documents, as required by the City of National City. Subtask 11.2 Construction Phase Services The PDC team will be available on a time and materials basis for meetings and site visits with the Contractor, review material and product .submittals for conformance with the construction documents, support the City in verifying that 16 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements construction activities conform to the project drawings and specifications, and respond to RFI's as needed. At the completion of construction activities, the PDC team will be available to attend a debriefing meeting to discuss project closeout. Work for this task will be billed on a time and materials basis and will include attendance and participation in a maximum of five (5) meetings during the construction process. A substantial level of effort is anticipated for art fabrication and installation oversight. The public artist will be onsite during key construction events to assure accurate execution of the final designs. Subtask 11.3 Record Drawings At the conclusion of the project, the City of National City will furnish PDC a single copy of redlined project drawings showing changes made during construction. The design team will modify their respective original drawings to show those record conditions. PDC will process the as -built plans through the City for archiving. TASK 12.0 REIMBURSABLE EXPENSES This task will be used to cover the cost of direct expenses incurred by the project team during this project. The project team will be responsible for preparing and printing exhibits, plan sets for submittal review, and one set of final Mylars. The City of National City will be responsible for printing costs associated with preparing bid sets. 17 EXHIBIT B CITY OF NATIONAL CITY 641001 CM ISM Semeraspe improvemante 1.0 SURVEY LOPEZ DARNELL A 7148 LMONTON SUPNIR PAUL PROJECT DESIGN CONSULTANTS IMMURING ASSOCIATES GROUP wins GROUP 11001014 , . AND MAPSIHO 1.1 Control Sonovs 5 1200 1.2 Meat PhoMarernmelry $ 4.075 1.3 Riale-oliew Pietas! I 1 000 1.4 Desiol T504016/1* $urrey $ 8.000 1.5 Easernent end Propeciy•Related Docurrent Proparallm $ 500 SUBTOTAL $ 17.575 $ 17 575 2.0 DATA COLLECTION 2.1 4080111 Wad Ra.41r05 6 200 23 Manch,' USN Record %search $ 520 446 2.9 SIM Rms.. $ 2.020 $ 030 072 2.4 Eine Mee 4 6,125 2.5 Review 3541253.0Zwe isi Anon. • 1.40 2.6 Develop Cost 1,040 8 1,450 $ 448 SUBTOTAL $ 9.865 $ 3.400 $ 1,586 5 15,323 4.0 PHASE I ENVIRONMENTAL SITE ASSESSMENT 3,1 Reeves Review 8 1250 3.2 SIN Remnnalesence 3.3 InerMewa 210 3.4 Raped Prmarallon 7,810 4.0 SUBTOTAL $ 0.700 $ 9300 MASTER PLAN 4.1 PrOararn Develgeggent 5 2.45 $ 1 400 4.2 Mule PlannInti $ 0390 4,3 Planning Anennis 6,350 4.4 Gement 4100051/.1 $ 7.210 1.400 $ 4.600 4.5 Calcacil Alletna045 Worinhop 1.240 $ 1.420 B 1.400 4.6 048100 Retinwnent 5 ASS 4.7 Fine) DeNon Woduh00 $ 1240 8 3.085 1,050 4.6 Conceperel MMUS/atm 1.040 2.840 5.0 SUBTOTAL i 3.520 5 34236 5 6,250 $ 4 800 $ 4,505 ENVIRONMENTAL DOCUMENTATION 4.1 InSal Constraint Idsrrolloallon and AM. COMInallon $ 3.000 5.2 P=ebs $ 13220 5.3 6,420 „ AO SUBTOTAL $ 2424 $ 24,203 TRAFFIC ENGIHEERINO ee coevw, e 760 4.2 rem Update EIR Tridllo Study 3,030 7.0 SUBTOTAL 5 4.040 5 4040 C0N5TRUCTION DOCUMENTS 7.1 PASS irnsomrneni Plan. 5 50700 7.2 Snielnit and Mmlna Plan 9.350 7.3 Land.Ceige • 40311. I-0/014. Mem and 13•30516 27200 7.4 InItsticn Plans and IMS115 $ 23.402 7.6 Plentits Plane and DMA 20.600 7.6 E1022,06105121/22112411220100e100 13.44 7.7 Mechanical Enalnearino 1,792 7.6 Baste. Ct. 84411241s $ 4,705 7.0 Wake Ottalliy Tecilnical Report 5 5,020 7.10 Siam WON Paulen Prevention Men 3 5.280 7.11 TadmIcal Snectlicalion $ 13140 5 3.800 2 888 7.12 Opinion al Prob•Me Constnelion coats 5 8,640 $ 6,500 1,344 0.0 SUBTOTAL $ 99.635 5 62200 5 19 264 5 201 ass PROJECT MANAGEMENT 8.1 Teem 51901260 11 6.280 $ 2,700 $ 1 440 8.2 Picot Meennis and Minute. $ 4,040 $ 3.800 720 6.3 OMOC 5 1,200 S 3.000 5 360 0.4 &Am / Enharlullna 2.700 125 Browns Reports 2,080 5 1,200 6 MO 0.0 SUBTOTAL 5 15,300 S 11,100 2 880 5 29 280 AGENCY COORDINATION AND PROCESSING 10.0 SUBTOTAL $ 3010 I 5 5.950 I $ 9 460 CALTRANS LOCAL ASSISTANCE PROCESSING 10.1 Re5ue0 I05Ae01084.114n (SC) 3.---5251 10.2 Proleci Pieta ChaeNtel 13E1 S 260 10.3 Finance Letter (3F) 5 1 940 10.4 Request lor Aulhomation Dale seeet (301 2.080 10.5 Local Agency Agreement Ceacklist (441 1.400 10.6 590)0 Renew Form (78) 6 3.460 10.7 Prellminay EallmaN ot Cod MA) (mud 520 10.8 PS5.3 Minlflolion112C1 8 130 10.0 15568 Checked (12D1 5 2000 1010 No 86900595ev Certelcallon (134) S 620 10.11 Connyucton Cone..5fldm...1Sn Oheeltilel 115AI 520 10.12 ReNdent Ensemere Construction Cones,/ AGYMbirence CtImIdet 8 10.13 LOcal Allencir 1oleo1 AMMAN ChmSle (15C) 5 520 10.14 Old Tabulation Summary Sheet 0501 6 1 040 10.14 Local Agency Bid Opening Cbecklist 1151) S NO 10.16 Local Agency Canted Award Checklist (150 1,040 10.17 Detail Esteelete 115M1 780 10.15 Mee5n0e vreh Caltrans Local Aselshinge ( 3 1,4006241 $ 1.880 10.10 Bevies F00114 S 4.700 10.20 Ovareignt (To Be perlormed by 34710 SmInserhy) 9,000 11.6 SUBTOTAL 5 32,470 5 32,470 CONSTRUCTION SERVICES 11.1 Bid Anntinielndion $ 1,520 $ ' 1 850 S 444 11 2 Con.voctlonostsosrlSon4ca4 $ 5.820 5 2.600 $ 2 016 4 8250 11.3 Record Brewing $ 8.060 a 4,300 $ 2,240 12.0 SUBTOTAL 4 13,500 I 8 750 4,704 5 5,250 5 32,204 REIMBURSABLE EXPENSES SUBTOTAL 1 S 0,000 $ 7 000 1 S 550 8 1 200 5 250 { $ 350 1 $ 18,350 TOTAL 5 187,090 $ 153,625 5 27,070 S 17,575 5 26,736 S 4,890 0 10,050 $ 5,250 5 10,050 $ 442,848 lanutlry 2.110i1 LABOR RATE SCHEDULE Effective March 07, 2005 Principal, Senior Project Manager $180 Project Manager $150 Planning, Environmental & Landscape Architecture Senior Environmental/Senior Planner $120 Senior Landscape Architect $110 GIS Specialist, CAD/GIS Coordinator, Associate Planner $105 Landscape Architect, Project Planner $100 Landscape Designer, Assistant Planner $95 Urban Designer, Electronics Visualization Specialist $90 Junior Planner $90 GIS Technician $85 Graphics Artist $75 Landscape Drafter, Asst. Landscape Designer $70 Planning Intern, Clerical $60 Engineering Senior Project Engineer, Design Manager $130 Project Engineer, Design Supervisor, Water Quality Engineer $115 Senior Civil Designer, Design Engineer, Project Coordinator $105 Civil Engineer, CADD Manager $95 QC Specialist $95 Civil Designer $85 Asst. Civil Engineer $80 Design Drafter $75 Drafter $70 Permit Processor, Clerical $65 Junior Technician $55 Surveying, Photogrammetry Site Manager, Crew Manager, Mapping Manager, Senior Surveyor $125 Sr. Right -of -Way Agent $120 Surveyor $110 Crew/Mapping Coordinator, Photogrammetric Mapping Manager $105 Survey Coordinator $100 Survey/Map Tech II $90 Photogrammetrist/Photogrammetric Map Editor $90 Survey/Map Tech I $85 Right -of -Way Agent $80 Right -of -Way Special Projects Engineer $75 Clerical $60 2-Man Survey Crew (Conventional) $200 3-Man Survey Crew (Conventional) $230 1-Man Crew (GPS; 1 Receiver) $130 2-Man Crew (GPS; 2 Receivers) $225 3-Man Crew (GPS; 3 Receivers) $300 Reimbursable charges for blueprinting, photographic mylar reproduction, photocopying, travel and mileage, delivery services, long-distance telephone charges, computerized plotting, special graphic supplies, facsimiles, and other direct project charges incurred on behalf of Client will be billed to Client at cost plus 10%. Rates subject to change without notice after June 30, 2005 T. MUNICIPAL INFRASTRUCTURE\NArIONAL CITY BLVD\LABOR RATE-05MARCH.DOC REVISED I/I2/05 es M !FtFt.3:e!!FfRtFt!F • PROJECT DESIGN CONSULTANTS INTRODUCTION At Project Design Consultants, we study, plan, survey, design and engineer sustainable master planned communities, commercial and urban infill projects, and the public infrastructure that supports them. HISTORY Project Design Consultants was founded in 1976 with a vision, business plan, and five staff members in a small downtown San Diego office. Today, the firm has grown to more than 200 employees and celebrates nearly three decades of experience applying our knowledge to help clients transform communities for the better. OUR CLIENTS Our clients are leaders in both the private and public sectors throughout the West. We help them anticipate and harness the dynamic forces of change that are inherent in developing land and public infrastructure. STAFF Equipped with the latest technology and resources, our staff consists of civil engineers, planners, urban designers, landscape architects, GIS specialists, surveyors, photogrammetrists, and transportation engineers. OFFICE LOCATION Corporate Headquarters 701 B Street, Suite 800 San Diego, CA 92101 619.235.6471 619.234.0349 Fax www.projectdesign.com EXHIBIT D PROFESSIONAL DESIGN SERVICES OFFERED: PLANNING • Regional Planning • Urban Design and Planning • Policy Planning • Permit Processing • Public Agency Support • Redevelopment Planning/Government Coordination • Physical Planning LANDSCAPE ARCHITECTURE • Streetscape, Design/Construction Plans • Park System Master Plan • Park Planning, Design/Construction Plans • Gateway & Entry, Design/Construction Plans • Plaza Planning, Design/Construction Plans • Multi -family Housing Landscape Design • Trail Planning Design Construction Plans • Slope Planting & Irrigation Plans • Fire Control Plans ENVIRONMENTAL • Environmental Documentation/Processing • Constraints/Opportunities Studies • Public Agency Support • Permit Processing ENGINEERING • Land Development Engineering • Urban Engineering • Transportation Planning and Engineering • Water Resources Engineering • Water and Wastewater Engineering • Public Facilities Design • Assessment Engineering • Program Management SURVEY • Cadastral, Boundary and ALTA Surveys • Topographic Surveys • Subdivision Mapping • Condominium Mapping • Digital Mapping Products • Geodetic/Control Surveying • Right -of -Way Engineering • Construction Surveys • Photogrammetry OTHER SERVICES • Geographic Information Systems (GIS) • Graphics (3-D modeling, Multi -Media Presentations, Photo Simulations, Computer and Hand Graphics) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 April 25, 2006 Gordon Lutes Senior Vice President Project Design Consultants 701 B Street, Suite 800 San Diego, CA 92101 Project: National City Streetscape and Fountain Plaza Promenade Improvements Awarding Resolution 2006-13 Dear Mr. Lutes: On February 7, 2006, the City Council of the City of National City passed and adopted Resolution No. 2006 - 13, awarding a contract in the amount of $442,846 to Project Design Consultants. We are pleased to enclose one fully executed original contract and one copy of the Resolution for your records. Should you have any questions, please contact Mr. Stephen Kirkpatrick, City Engineer at (619) 336-4380. Sincerely, Michael R. Dalla City Clerk MRD Enclosure cc: Engineering File C2006-2 Recycled Paper AGREEMENT FOR EXHIBITS This agreement is entered into by and between the San Diego Unified Port District ("DISTRICT") and the City of National City, California ("EXHIBITOR"), for display of a photographic exhibition titled Shift Change: Working Waterfront, by artist Ming C. Lowe ("EXHIBIT"). WHEREAS, Exhibitor desires to place its Exhibit on public display at the National City Library, in the City of National City. WHEREAS, The District's Public Art Committee or other duly authorized official(s) of the District has approved the temporary exhibition of the Exhibit at the National City Library in the City of National City. NOW, THEREFORE, the District and the Exhibitor, for the consideration and under the conditions herein set forth, and pursuant to the authority, terms and conditions set forth in Policy No. 609, agree as follows: 1. OWNERSHIP The Exhibit will remain the property of the Port of San Diego. However, by virtue of this Agreement, the District agrees to relinquish possession of the Exhibit for the "Exhibition Period" described in Section 9, below. 2. DESCRIPTIONS AND CONTENT The exhibit contents consists of twenty five framed and matted photographs of the Working Waterfront in San Diego titled Shift Change: Working Waterfront, by artist Ming C. Lowe, one framed poster with text and illustrations, and a DVD. AGREEMENT FOR EXHIBIT. Port of San Diego -Maritime Museum 3. CONDITIONS OF EXHIBITIONS 3.1. Exhibition Space and Accessibility. Exhibitor is responsible for the hanging and display of photographs in accordance with professional museum standards regarding display, environmental control, lighting, visibility, and security. The exhibition shall be shown in a dignified and suitable manner appropriate to its content. 3.2. Admissions. The public should be admitted to the exhibition without discrimination or segregation and regardless of race, color, creed, sex, or native order. Every effort shall be made by Exhibitor to provide full access to the exhibition for disabled individuals. Exhibitor will also display a DVD provided by the District with information about the full content of the exhibition in an accessible area. The Exhibitor will accommodate anyone who requests free entrance to the Exhibit. 4. REPRODUCTION RIGHTS District has the right to photograph, film, videotape, or otherwise depict the Exhibit at any time during the Exhibition Period and to use such photographs, film, video tapes or depictions at any time thereafter for purposes of promotion relating to the Exhibition or the District, provided that the District gives credit to the Exhibitor concurrently with such uses. Photography of the exhibition or its parts for sales or profit purposes is prohibited, and photography by public visitors is prohibited. Every effort shall be made by Exhibitor to enforce these prohibitions. Photography of the exhibition is permitted only for the purposes of promotion, education and documentation of the physical condition of the work. 5. CREDIT/PUBLICITY Exhibitor will provide at least two public notices of the exhibition for each month the Exhibit is shown and in accordance to District guidelines. These notices should be in the form of press releases, website content and/or Exhibitor's newsletter. Exhibitor will 2 AGREEMENT FOR EXHIBIT. Port of San Diego -Maritime Museum distribute exhibition catalogue and related marketing material provided by District without alteration of content and/or form. Exhibitor will provide the Port of San Diego, Public Art and Ming C. Lowe proper credit that will appear on the entrance to the exhibition and all related print or electronic related material in the following form: Shift Change: Working Waterfront, Photographic Essay, © 2006, Port of San Diego. On loan from the Port of San Diego. 6. REGISTRATIONS AND VALUE 6.1. Photographs are registered as property of the District. Framed photographs are labeled on the verso according to their registration number in the Collection of Public Art, Port of San Diego (Exhibit A). 6.2 Exhibit value: The estimated replacement value of the exhibition is $48,000 © 1,600 per photograph. 7. HOLD HARMLESS Exhibitor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless District and its officers, employees, and agents for any and all liability, claims, judgments, damages, proceedings, orders, directives, costs, including reasonable attorneys' fees, or demands arising directly or indirectly out of the obligations undertaken in connection with this service agreement, or Exhibitor's Exhibit, except claims or litigation arising through the sole negligence or willful misconduct of the District. It is the intent of this paragraph that Exhibitor indemnify and hold harmless District for any actions of Exhibitor or District, including duties that may be legally delegated to Exhibitor as to third parties, except for those arising out of the sole negligence or willful misconduct of District. The Indemnity obligation shall apply for the entire time that any third party can make a claim against or sue District for liabilities arising out of Exhibitor's Exhibit, or arising from any defect in any part of the Exhibit. 8. SECURITY Exhibitor is responsible for the security of the exhibition while on its premises. 9. EXHIBITION PERIOD 3 AGREEMENT FOR EXHIBIT. Port of San Diego -Maritime Museum The "Exhibition Period" means a period beginning on December 1, 2006 and ending on January 16, 2007. The Exhibition Period may be shortened but not extended in duration by mutual agreement between Exhibitor and the District. Notwithstanding the foregoing, the District reserves the right, in its sole discretion and with or without cause, to decline or terminate the Exhibition at any time. 10.TRANSPORTATION, INSTALLATION, MAINTENANCE AND REMOVAL a) The District will make the incoming and outgoing shipping arrangements from the Port's Offices to and from the exhibition site. The Exhibitor will be responsible for the professional wrapping and packaging of Exhibit contents after de -installation. The District shall not bear the cost of installation and /or de -installation. b) During the Exhibition Period, the Exhibitor shall be responsible for maintenance of the Exhibit. 11. EXHIBIT HONORARIA None. 12. LIABILITY FOR DAMAGE OR INJURY a) Property insurance for physical damage to the exhibit artifacts is provided by the District. The District will provide property insurance for the specific artifacts in the exhibit for time period of this agreement. The property insurance provided by the District includes All Risk coverage with a $1,000 deductible. The District will pay the deductible. This extra coverage will be obtained at no cost to the exhibitor. The District will submit to Exhibitor a written inventory of registered items on loan and estimated value of each and every item to be exhibited (Exhibit A). (I) Exhibitor may provide proof of existing property insurance specific to the artifacts in the exhibit. (II) The District can provide property insurance for the specific artifacts in the exhibit for time period of this agreement. The property insurance provided by the District includes All Risk coverage with a $1,000 deductible. The District will pay 4 AGREEMENT FOR EXHIBIT. Port of San Diego -Maritime Museum the deductible. This insurance coverage will be provided only if requested by the Exhibitor. This extra coverage will be obtained at no cost to the exhibitor. The District will submit to Exhibitor a written inventory of registered items on loan and estimated value of each and every item to be exhibited (Exhibit A). (III) A detailed inventory of all exhibit items, including their physical condition, must be verified at the time of installation and any time thereafter that exhibit items are removed or added. Inventory will include registration numbers of photographs as registered in the collection of Public Art, Port of San Diego. Representatives of the District and Exhibitor, both of whom shall sign the inventory list retaining a copy, shall conduct this verification jointly. b). Exhibitor is responsible and liable for any damage or destruction loss that may occur during installation, and during de -installation. Exhibitor shall maintain Commercial General Liability in the amount of $1,000,000 Combined Single Limit for the entire term of this agreement. This policy shall be endorsed to include the San Diego Unified District and its officers and employees as Additional Insureds. Exhibitor may satisfy the requirements of this Section 12 (b) by maintaining its lawful self -insured status during the term of this agreement. (I). The exhibitor shall furnish the District with certificates of insurance for the policies described above upon execution of their Exhibitor Agreement, upon renewal of any of these policies and prior to installing the exhibit. Except in the event of cancellation for non-payment of premium, in which case notice shall be 10 days, all such certificates shall indicate that the insurer must notify District in writing at least 30 days in advance of any change in, or cancellation of, coverage. (II). A Certificate of Insurance in a form acceptable to the District evidencing the existence of the necessary insurance policies and original endorsements effecting coverage required shall be kept on file with the District. Mail certificates and endorsements to: Public Art Department San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 5 AGREEMENT FOR EXHIBIT. Port of San Diego -Maritime Museum 13. ENTIRE AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superceded hereby. 14. MODIFICATION No alteration, change, amendment or modification of the terms of this Agreement shall be valid, unless made in writing and signed by both parties hereto and approved by appropriate action of the District and the Committee. 15. GOVERNING LAW This agreement is entered into in and shall be governed by laws of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective authorized officers or representatives as of the day and year set forth below. DATED: November15, 2006 SAN DIEGO UNIFIED PORT DISTRICT CITY OF NATI NAL CITY CATHERINE SASS Public Art, Director Brute E gonnot- Port Attorney F. 1 T_. 6 NICK IN Mayor APPROVED AS TO FORM George H."Eiser, III City Attorney AGREEMENT FOR EXHIBIT. Port of San Diego -Maritime Museum Exhibit A Photographs (digital files and prints) in this Exhibit are registered under the general work title of "Ming Lowe's Photographic Exhibition" (also known in the literature as Shift Change: A Photographic Essay) as follows: Artist: Ming C. Lowe Unit Size: 25 x 32 inches, framed Media: Digital photo prints, digital files. Quantity: Twenty-nine (29) color photographs, one (1) black and white photograph, and thirty (30) corresponding digital files. Registration Numbers Lowe1 /25bw Lowe2/25c Lowe3/25c Lowe4/25c Lowe5/25c Lowe6/25c Lowe7/25c Lowe8/25c Lowe9/25c Lowe 10/25c Lowe11 /25c Lowe12/25c Lowe13/25c Lowe14/25c Lowe15/25c Lowe16/25c Lowe 17/25c Lowe 18/25c Lowe19/25c Lowe20/25c Title Shift Change Pasha # 1 Tenth Ave. # 1 Untitled Tenth Ave. # 2 Knight and Carver # 1 Nassco # 1 Dixiline # 2 Continental # 1 Dixiline # 3 BAE from Continental Continental # 2 Nassco # 3 Dixiline # 1 Continental # 3 Nassco # 2 Nassco # 6 Nassco # 5 Pasha # 2 Kelco # 1 7 AGREEMENT FOR EXHIBIT. Port of San Diego -Maritime Museum Lowe21 /25c Train Lowe22/25c Pasha # 3 Lowe23/25c Continental # 4 Lowe24/25c Pasha # 4 Lowe25/25c H & M Landing LoweSeries2: 1/5 Dole LoweSeries2: 2/5 Nassco # 4 LoweSeries2: 3/5 Kelco # 2 LoweSeries2: 4/5 Knight and carver # 2 LoweSeries2: 5/5 Tenth Ave. # 2 MCL DVD 2006 DVD with digital documentation of entire Exhibit RESOLUTION NO. 2006 — 221 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE LOAN OF AN ART EXHIBIT ENTITLED "SHIFT CHANGE: WORKING WATERFRONT" BY MING LOWE, FOR DISPLAY IN NATIONAL CITY DURING THE MONTH OF DECEMBER, 2006 WHEREAS, the San Diego Unified Port District's yearly 1.1 Million dollar Public Art budget allows for each of the five Port cities, including National City, to experience and display a variety of different Public Art exhibitions, both permanent and temporary; and WHEREAS, the San Diego Unified Port District has offered to loan an art exhibit for display entitled "Shift Change: Working Waterfront", by photographer Ming Lowe, to the City of National City for the month of December, 2006. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with the San Diego Unified Port District for the loan of an art exhibit entitled "Shift Change: Working Waterfront", by photographer Ming Lowe, to the City of National City for display during the month of December, 2006. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of October, 2006. 'iv ir ATTEST: Ii Michael Da I a, Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Mayor Passed and adopted by the Council of the City of National City, California, on October 17, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad , Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of Nation. I d City r erk of the City of ational City, California City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-221 of the City of National City, California, passed and adopted by the Council of said City on October17, 2006. City Clerk of the City of National City, California By: Deputy MEETING DATE 10/17/06 City of National City, California COUNCIL AGENDA STATEMENT 21 AGENDA ITEM NO. (-ITEM TITLE Resolution of City Council approving agreement with the Unified Port of San Diego for displaying an art exhibit entitled "Shift Change, a Working Waterfront" by Ming Lowe. PREPARED BY Susanna H. Peredo EXPLANATION (619) 336-4243 DEPARTMENT See attached Staff Report. Community Services Environmental Review X N/A Financial Statement Option One: Ap proximately pproximately $2,000-$3,000. Clearing & restructuring entrance area & small gallery area of former library building into temporary art exhibitio area. Option Two: Approximately $500-$1,000. Minimal manpower for installation of photography exhibit. Funding is available through Account 0001-4(39.000-2�,?N Accoun o. STAFF RECOMMENDATION Staff recommends that City Council approve Option Two for exhibiting artist Ming Lowe's photographic exhibit, Shift Change: Working Waterfront. Council may also recommend an alternate City facility besides Option One & Option Two to house this exhibit for the month of December. Approval of agreement w/Port of San Diego. Option two consists $f City Council Chambers, lobby entrance area, and large conference room of City Hall, 2n floor. BOARD/COMMISSION RECOMMENDATION The NC Public Art Committee unanimously recommen. s Option Two because of the location's high visibility, adequate security, & minimal cost to the City. They also note that once completed, the future Arts Center will be the most appropriate venue for an exhibit of this size & caliber. ATTACHMENTS ( Listed Below ) Resolution No. g.00& )Agreement )Curatorial examples for Option One )Curatorial examples for Option Two .3)Exhibition Catalogues q)Examples of museum -quality hanging products. A-200 (9/80) Ca2oo6 - S /gyp STAFF REPORT: Shift Change: Working Waterfront by Ming Lowe The Port of San Diego's yearly 1.1 million -dollar Public Art budget allows for each of the 5 Port cities to experience a variety of different Public Art exhibitions/ installations both permanent and temporary. Shy Change: Working Waterfront, by photographer Ming Lowe is a traveling photography exhibit valued at $40,000. It is being offered on loan to the City of National City through the Port's Public Art Department and is currently available for the month of December 2006. This exhibit consists of thirty framed and matted 25" x 32" color photographs highlighting Port industry along the waterfront; one framed panel with text and illustrations; exhibition catalogues; and a DVD. Under this agreement, the City of National City will be responsible for the following: • Hanging photographs in accordance with professional museum standards regarding display, environmental control, lighting, visibility, and security. • Providing free access to all members of the community; including ADA access. • Providing at least two public notices in the form of press releases, website, or newsletter. • Providing a letter of self-insurance regarding its public liability exposures. The City of National City currently has coverage for loaned artwork under its property policy obtained through San Diego Pooled Insurance Program Authority (SANDPIPA); therefore no additional cost to the City is anticipated. On July 10t, 2006 I met with Marta Garsd from the Port's Public Art Dept. to determine which City facilities had the capacity to house an exhibit of this size and caliber. Option One: Full exhibit in entrance area and small "gallery area 1" of the old library building (former Local History Room). This choice would require that access areas be cleared or restructured. (See attached examples). Approximately $2,000.00-$3,000.00 to achieve museum quality standards. Option Two: Partial exhibit of approx. 20 photographs in City Council Chambers, Lobby area, and Large Conference room. This Iocation would necessitate minimal manpower to install and fulfills requirements for accessibility, and security under contract. (See attached example) Approximately $500.00 - $1,000.00 to achieve museum -quality standards. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE LOAN OF AN ART EXHIBIT ENTITLED "SHIFT CHANGE: WORKING WATERFRONT" BY MING LOWE, FOR DISPLAY IN NATIONAL CITY DURING THE MONTH OF DECEMBER, 2006 WHEREAS, the San Diego Unified Port District's yearly 1.1 Million dollar Public Art budget allows for each of the five Port cities, including National City, to experience and display a variety of different Public Art exhibitions, both permanent and temporary; and WHEREAS, the San Diego Unified Port District has offered to loan an art exhibit for display entitled "Shift Change: Working Waterfront", by photographer Ming Lowe, to the City of National City for the month of December, 2006. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with the San Diego Unified Port District for the loan of an art exhibit entitled "Shift Change: Working Waterfront", by photographer Ming Lowe, to the City of National City for display during the month of December, 2006. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of October, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney AGREEMENT FOR ART EXHIBITS This agreement is entered into by and between the San Diego Unified Port District ("DISTRICT") and the City of National City, California ("EXHIBITOR"), for display of a photographic exhibition titled Shift Change: Working Waterfront, by artist Ming C. Lowe ("EXHIBIT"). WHEREAS, Exhibitor desires to place its Exhibit on public display at City Hall, City of National City, specifically at the City Hall Lobby, City Hall Chamber and City Hall Main Conference Room. WHEREAS, The District's Public Art Committee or other duly authorized official(s) of the District has approved the temporary exhibition of the Exhibit at City Hall, City of National City, specifically at the City Hall Lobby, City Hall Chamber and City Hall Main Conference Room. NOW, THEREFORE, the District and the Exhibitor, for the consideration and under the conditions herein set forth, and pursuant to the authority, terms and conditions set forth in Policy No. 609, agree as follows: 1. OWNERSHIP The Exhibit will remain the property of the Port of San Diego. However, by virtue of this Agreement, the District agrees to relinquish possession of the Exhibit for the "Exhibition Period" desctibed in Section 9, below. 2. DESCRIPTIONS AND CONTENT The exhibit contents consists of twenty five framed and matted photographs of the Working Waterfront in San Diego titled Shift Change: Working Waterfront, by artist Ming C. Lowe, one framed poster with text and illustrations, and a DVD. 3. CONDITIONS OF EXHIBITIONS 3.1. Exhibition Space and Accessibility. Exhibitor is responsible for the hanging and display of photographs in accordance with professional museum standards regarding display, environmental control, lighting, visibility, and security. The exhibition shall be shown in a dignified and suitable manner appropriate to its content. 3.2. Admissions. The public should be admitted to the exhibition without discrimination or segregation and regardless of race, color, creed, sex, or native order. Every effort shall be made by Exhibitor to provide full access to the exhibition for disabled individuals. Exhibitor will also display a DVD provided by the District with information about the full content of the exhibition in an accessible area. The Exhibitor will accommodate anyone who requests free entrance to the Exhibit. 4. REPRODUCTION RIGHTS District has the right to photograph, film, videotape, or otherwise depict the Exhibit at any time during the Exhibition Period and to use such photographs, film, video tapes or depictions at any time thereafter for purposes of promotion relating to the Exhibition or the District, provided that the District gives credit to the Exhibitor concurrently with such uses. Photography of the exhibition or its parts for sales or profit purposes is prohibited, and photography by public visitors is prohibited. Every effort shall be made by Exhibitor to enforce these prohibitions. Photography of the exhibition is permitted only for the purposes of promotion, education and documentation of the physical condition of the work. 5. CREDIT/PUBLICITY Exhibitor will provide at least two public notices of the exhibition for each month the Exhibit is shown and in accordance to District guidelines. These notices should be in the form of press releases, website content and/or Exhibitor's newsletter. Exhibitor will distribute exhibition catalogue and related marketing material provided by District without alteration of content and/or form. 2 Agreement for Art Exhibit Port of San Diego -City of National City Exhibitor will provide the Port of San Diego, Public Art and Ming C. Lowe proper credit that will appear on the entrance to the exhibition and all related print or electronic related material in the following form: Shift Change: Working Waterfront, Photographic Essay, © 2006, Port of San Diego. On loan from the Port of San Diego. 6. REGISTRATIONS AND VALUE 6.1. Photographs are registered as property of the District. Framed photographs are labeled on the verso according to their registration number in the Collection of Public Art, Port of San Diego (Exhibit A). 6.2. Exhibit value: The estimated replacement value of the exhibition is $48,000 @ 1,600 per photograph. 7. HOLD HARMLESS Exhibitor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless District and its officers, employees, and agents for any and all liability, claims, judgments, damages, proceedings, orders, directives, costs, including reasonable attorneys' fees, or demands arising directly or indirectly out of the obligations undertaken in connection with this service agreement, or Exhibitor's Exhibit, except claims or litigation arising through the sole negligence or willful misconduct of the District. It is the intent of this paragraph that Exhibitor indemnify and hold harmless District for any actions of Exhibitor or District, including duties that may be legally delegated to Exhibitor as to third parties, except for those arising out of the sole negligence or willful misconduct of District. The Indemnity obligation shall apply for the entire time that any third party can make a claim against or sue District for liabilities arising out of Exhibitor's Exhibit, or arising from any defect in any part of the Exhibit. 8. SECURITY Exhibitor is responsible for the security of the exhibition while on its premises. 3 Agreement for Art Exhibit Port of San Diego -City of National City 9. EXHIBITION PERIOD The "Exhibition Period" means a period beginning on December 1, 2006 and ending on January 16, 2007. The Exhibition Period may be shortened but not extended in duration by mutual agreement between Exhibitor and the District. Notwithstanding the foregoing, the District reserves the right, in its sole discretion and with or without cause, to decline or terminate the Exhibition at any time. 10. TRANSPORTATION, INSTALLATION, MAINTENANCE AND REMOVAL a) The District will make the incoming and outgoing shipping arrangements from the Port's Offices to and from the exhibition site. The Exhibitor will be responsible for the professional wrapping and packaging of Exhibit contents after de -installation. The District shall not bear the cost of installation and /or de -installation. b) During the Exhibition Period, the Exhibitor shall be responsible for maintenance of the Exhibit. 11. EXHIBIT HONORARIA None. 12. LIABILITY FOR DAMAGE OR INJURY a) Property insurance for physical damage to the exhibit artifacts is provided by the District. The District will provide property insurance for the specific artifacts in the exhibit for time period of this agreement. The property insurance provided by the District includes All Risk coverage with a $1,000 deductible. The District will pay the deductible. This extra coverage will be obtained at no cost to the exhibitor. The District will submit to Exhibitor a written inventory of registered items on loan and estimated value of each and every item to be exhibited (Exhibit A). (I) A detailed inventory of all exhibit items, including their physical condition, must be verified at the time of installation and any time thereafter that exhibit items are removed or added. Inventory will include registration numbers of photographs as registered in the collection of Public Art, Port of San Diego: Representatives of the District and Exhibitor, both of whom shall sign the inventory list retaining a copy, shall conduct this verification jointly. 4 Agreement for Art Exhibit Port of San Diego -City of National City b). Exhibitor is responsible and liable for any damage or destruction loss that may occur during installation, and during de -installation. Exhibitor shall maintain Commercial General Liability in the amount of $1,000,000 Combined Single Limit for the entire term of this agreement. This policy shall be endorsed to include the San Diego Unified District and its officers and employees as Additional Insureds. (I). The exhibitor shall furnish the District with certificates of insurance for the policies described above upon execution of their Exhibitor Agreement, upon renewal of any of these policies and prior to installing the exhibit. Except in the event of cancellation for non-payment of premium, in which case notice shall be 10 days, all such certificates shall indicate that the insurer must notify District in writing at least 30 days in advance of any change in, or cancellation of, coverage. (II). A Certificate of Insurance in a form acceptable to the District evidencing the existence of the necessary insurance policies and original endorsements effecting coverage required shall be kept on file with the District. Mail certificates and endorsements to: Public Art Department San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 13. ENTIRE AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superceded hereby. 14. MODIFICATION No alteration, change, amendment or modification of the terms of this Agreement shall be valid, unless made in writing and signed by both parties hereto and approved by appropriate action of the District and the Committee. 5 Agreement for Art Exhibit Port of San Diego -City of National City 15. GOVERNING LAW This agreement is entered into in and shall be governed by laws of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective authorized officers or representatives as of the day and year set forth below. DATED: October 17, 2006. SAN DIEGO UNIFIED PORT DISTRICT CITY OF NATIONAL CITY CATHERINE SASS NICK INZUNZA Public Art, Director Mayor APPROVED AS TO FORM Duane E. Bennett George H. Eiser, Ill Port Attorney City Attorney 6 Agreement for Art Exhibit Port of San Diego -City of National City Exhibit A Photographs (digital files and prints) in this Exhibit are registered under the general work title of "Ming Lowe's Photographic Exhibition" (also known in the literature as Shift Change: A Photographic Essay) as follows: Artist: Ming C. Lowe Unit Size: 25 x 32 inches, framed Media: Digital photo prints, digital files. Quantity: Twenty-nine (29) color photographs, one (1) black and white photograph, and thirty (30) corresponding digital files. Registration Numbers Title Lowe1/25bw Shift Change Lowe2/25c Pasha # 1 Lowe3/25c Tenth Ave. # 1 Lowe4/25c Untitled Lowe5/25c Tenth Ave. # 2 Lowe6/25c Knight and Carver # 1 Lowe7/25c Nassco # 1 Lowe8/25c Dixiline # 2 Lowe9/25c Continental # 1 Lowe10/25c Dixiline # 3 Lowe11/25c BAE from Continental Lowe12/25c Continental # 2 Lowe13/25c Nassco # 3 Lowe14/25c Dixiline # 1 Lowe15/25c Continental # 3 Lowe16/25c Nassco # 2 Lowe17/25c Nassco # 6 Lowe18/25c Nassco # 5 Lowe19/25c Pasha # 2 Lowe20/25c Kelco # 1 Lowe21/25c Train 7 Agreement for Art Exhibit Port of San Diego -City of National City Lowe22/25c Pasha # 3 Lowe23/25c Continental # 4 Lowe24/25c Pasha # 4 Lowe25/25c H & M Landing LoweSeries2: 1/5 Dole LoweSeries2: 2/5 Nassco # 4 LoweSeries2: 3/5 Kelco # 2 LoweSeries2: 4/5 Knight and carver # 2 LoweSeries2: 5/5 Tenth Ave. # 2 MCL DVD 2006 DVD with digital documentation of entire Exhibit. Exhibit A 8 Agreement for Art Exhibit Port of San Diego -City of National City SHIF I CHANGE: WORKING WATERFRONT PHOTOGRAPHYF•.XHIBI.T BY MING LOWE ION I: ART CENTER r1; Uew.�►�stiffugjav_ 111 .s, d7 nnuss..4,4,7 f ,„ N-VIZA:1\1:<,,e. 144V1itf*, , , r',A El 1 ',Val/114k \ V": ( (3 I I I I I I I I t 1 I i SHIFT - : JO I7G WATERFRONT PHOTOGR . BHT BY MING LOWE Z.:: CIT • .mt• I (P V Cr>r•nnri Flnnr Pr tranr'p siou“.1411! J1,)V,1fjA4 VI - .. !i4'• ,," .1.&4410.1-10.m.r.14;va, Ilii";;i7f1.0.. ff,,,st •s-A*,,,,,A4.,-0,°,.:.': ,:',,,,, - iittpi..;;A",,,.-Wh',...+1.,'-';'" 44, ,;•!!3";61e, , „, „ , 1 '4,11:!...t; , ; , Ac:4•94:' 2;,,,, °:',.:7,0 lc:W^-,,,,,„ '1'4" '-'44, '119Yr-V,,,e, V , . , ., ,., ,wdxf.---,, ir,,,,,;, ,,,,.. .7,2,,,„4,,, ,,,,,, t, , — ' ''''''''''"'="' ' ,- ';', ',."1, ';'477',ft? ''' • rin 444 ; 44, 41 V VI "14 r "aPIS )kl,1 It /YV dt-J! +`l i! et .-.1e:AA .YL V rt i t1 1�S. I,c1't Side Wall g LA. ji g -,- -q11W.R,V S-1't l U lNN V t t,) r� 4666160)1 . 110/Y\ 1.‘"M IP I VNIZI "+ §411", e ii 'C1 V4Cl ae xa 1 .4+ I lA l Y U Arakawa Hanging Systems Page 1 of 2 art hanging - installation showroom 'This ire shows the Art Clair art hanging system, including the CRE rail, the CF1 rail c AF3 hook (hidden). http://www.arakawagrip.com/i_art.html 9/28/2006 Arakawa Hanging Systems p Project: Florida Club, University of Florida Client: University of Florida Athletic Association Architect: RDG worts 303 Locust Street Des Moines, IA 50309 515/288-3141 Phone Website: www.rdgusa.com Photographer: Randy Batista Media Image Photography, Inc. 21 Southeast 2nd Place Gaineville, FL 32601 352/375-1911 Phone http://www.arakawagrip.com/Lart.html 9/28/2006