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HomeMy WebLinkAbout2006 CON CDC Jeff Katz Architecture - Old Library RemodelTRANSMITTAL Jeff Katz Architecture 7290 Navajo Road, Suite 106, San Diego, California 92119 DATE: September 11, 2006 TO: Stephen Kirkpatrick Director of Public Works / Engineering City of National City 1243 National City Boulevard National City, CA 91950 FROM: Jeff Katz, AIA PROJECT: Old Library Remodel for ILWU Project No. 060902 NOTES: 1 copy of signed contract for your use. Please return a copy to me once it has been signed by the City. AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND JEFF KATZ ARCHITECTURE THIS AGREEMENT is entered into this 17th day of August 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and Jeff Katz Architecture, (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide architectural services related to the National City Public Library Building (200 East 12th Street), and WHEREAS, the CDC has determined that the CONTRACTOR is a qualified and experienced architect with the ability to perform the services desired by the CDC and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC 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 Attachment - 1. The bid documents referred to in Attachment - 1 shall be complete and ready to advertise within 45 calendar days from the date this AGREEMENT takes effect. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall provide periodical updates of projects to keep staff and the CDC advised of CONTRACTOR'S progress. 1 3. PROJECT COORDINATION AND SUPERVISION. David Parsons hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this AGREEMENT. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this AGREEMENT for the CONTRACTOR. Jeff Katz thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based upon a fixed fee of $21,000. Monthly billings covering actual work performed shall be submitted by the Contractor that include labor classifications, respective rates, hours worked and also materials, if any. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Attachment - 1 as determined by the CDC. Payment of any remaining fixed -fee monies will be processed after receipt of final work product as discussed in Attachment - 1. 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 CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. All architectural services as set forth in Attachment - 1, shall be completed by June 30, 2007. The Executive Director shall have the authority to extend this agreement for a period of up to six (6) months in the event that circumstances outside of the Contractor's control delay completion of the project. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The memoranda, reports, maps, drawings, plans, specifications and other documents prepared by the CONTRACTOR for the Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC 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 CDC, 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 CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC'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 CDC 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 CDC, or for any liability to the CDC should the documents be used by the CDC 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 employees of the CDC and are not entitled to any of the rights, benefits or privileges of the CDC'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 CDC 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 CDC. 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 CDC 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 CDC, it being understood that the CONTRACTOR, its agents, servants and employees are as to the CDC wholly independent contractors, and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this AGREEMENT. 3 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work 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 CDC 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 CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the Project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC'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. 4 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC 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 CDC. 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 CDC. 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 CDC 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 Community Development Commission of 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. 5 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 CDC 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 CDC or its officers, employees or volunteers for, or on account of, any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this AGREEMENT. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this AGREEMENT, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this AGREEMENT, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, 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 CDC, its officers, employees, and volunteers so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this AGREEMENT. 6 H. Any aggregate insurance limits must apply solely to this AGREEMENT. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This AGREEMENT shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this AGREEMENT, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this AGREEMENT and terminate the AGREEMENT as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements, or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this AGREEMENT, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC 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. 7 19. TERMINATION. A. This AGREEMENT may be terminated with or without cause by the CDC. 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 CDC 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 CDC. 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 CDC, 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 CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this AGREEMENT upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the persons on the following page: 8 To the CDC: Executive Director, Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4397 To the CONTRACTOR: Jeff Katz Architecture Attention: Jeff Katz, Principal 7290 Navajo Road, Suite 106 San Diego, CA 92119 Fax: (619) 698-9178 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 Community Development Commission 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 CDC 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 CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ 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 CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 9 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. Attachments, Exhibits and Schedules. The Attachments, Exhibits and Schedules enclosed hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this AGREEMENT. The terms of this AGREEMENT may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this AGREEMENT shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. I. Entire AGREEMENT. This AGREEMENT supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto, shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This AGREEMENT shall be binding upon, and shall inure to the benefit of the successors and assigns of the parties hereto. 10 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. COMMUNITY DEVELOPMENT OF THE CITY OF NATIONAL CITY By: Chris Zap ecutive Director APPROVED AS TO FORM: By: ! George H. Eiser, III CDC Legal Counsel 11 JEFF KATZ ARCHITECTURE ATTACHMENT-1 Jeff Katz Architecture August 7, 2006 Mr. Stephen M. Kirkpatrick City Engineer The City of National City 1243 National City Boulevard National City, CA 91950 RE: Architectural Services National City Library Remodel - ILWU Scope of Work and Fee Proposal Dear Steve: Based on our meetings to discuss this project and a site visit to inspect the existing conditions, I have prepared the following fee proposal for the renovation to the existing library space to prepare it for the office/meeting rooms required for ILWU (approximately 4,000 square feet). Work will be based on the schematic design concepts prepared previously (by others) and will include relocation of existing walls, replacement of existing ceilings and light fixtures, modifications to the existing HVAC, new wall and floor finishes. Work will also include removal of asbestos containing material as identified in the report prepared previously by HM Pitt Labs. At this time it is anticipated that the construction cost (hard dollar) for the planned improvements will be approximately $225,000. We are proposing to offer the following scope of services: CONSTRUCTION DOCUMENTS PHASE Prepare as -built drawings of existing conditions. Prepare drawings and specifications suitable for bidding to clearly delineate the Contractor's scope of work, including required architectural, mechanical and electrical design. No structural modifications are anticipated or included as part of this proposal. No Civil Engineering or Landscape work is included either. It is assumed for this proposal that the City of National City will provide all required General and Supplementary Conditions and Bidding Information. 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Library Remodel - ILWU August 7, 2006 Page 2 Plans and specifications to indicate locations of identified lead and asbestos containing materials and appropriate specification procedures for removing such material. Submit plans to City of National City Building Department for plan check, and perform all required revisions to construction documents based on Building Department's plan check comments (Note: plan check and permit fees are not included). • Meet with City of National City as required to review final design and construction documents. For the purpose of this proposal assume 3 meetings with staff. BIDDING PHASE Provide final original drawings and specifications for use in bid packages. For this proposal it is assumed that the City of National City will advertise, assemble and distribute bid packages. Interpret and clarify contract documents for contractors, and assist in issuing addenda as required. Attend a Pre -Bid walkthru at the site with all interested contractors. Participate in bid opening, review contractor's detailed cost breakdown, and assist the City of National City in evaluation of the bids. CONSTRUCTION ADMINISTRATION PHASE Construction contract administration services are based on a Two month construction period, from Authorization to Proceed through Punchlist Inspection. The following services will be provided: Attend Pre -Construction conference. Review and approve or take other appropriate action upon Contractor's submittals and shop drawings as required by contract documents. Interpret contract documents (including all subconsultant disciplines) for proper execution and progress of construction, including responding to contractor's requests for information and clarification. Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 - Fax (619) 698-9178 National City Library Remodel - ILWU August 7, 2006 Page 3 Make one scheduled site visit every other week during the course of construction (total of 4) to observe the project, and prepare site visit report. Site visit shall include meeting with contractor and City representative to review progress of construction, review pending RFI and Change Order information, and observe the construction to verify work is proceeding in accordance with construction documents., Make one additional site visit to perform Punchlist Inspection, and one additional visit to perform Final Inspection. Punchlist Inspection will include a detailed listing of all items remaining to be completed by the Contractor. Final Inspection will certify that all work has been completed in accordance with construction documents. Assist in reviewing and processing contractor's progress payment requests, and certifying the amounts due to the Contractor. ADDITIONAL SERVICES TO BE PROVIDED ON AN HOURLY BASIS The following items are not included in the Basic Services, and will be provided as additional services only after written authorization is received. Unless a subsequent fixed fee proposal is provided, the work will be done on an hourly basis per the attached Hourly Rate Schedule (Exhibit 'A'). Revisions to Contract Documents resulting from Owner requested changes to documents previously approved by the Owner, or due to code or zoning changes made subsequent to Owner approval. Services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size, quality, complexity, schedule, or the method for bidding and contracting for construction. Construction site visits provided in excess of the visits defined under the Construction Administration Phase which are requested by the City, or made necessary through delays in the construction schedule or other elements outside the control of the Architect (for either Architect or subconsultant engineers). Plan check and permit fees (if paid by the consultant) will be a reimbursable expense, charged at 1.1 times the Consultant's cost. All delivery, printing and reproduction costs will be a reimbursable expense, charged at 1.1 times the Consultant's cost. Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Library Remodel - ILWU August 7, 2006 Page 4 I propose to provide the stated basic services for a fixed fee of Twenty One Thousand Dollars ($21,000.00). Invoices will be submitted monthly, in a format acceptable to the City, for the percentage of work completed during the month, on any particular phase. I am available to meet with you at any time to review and discuss the proposed scope of services and fee proposal. If this is acceptable please prepare a contract and/or Notice To Proceed so we can begin. If you have any questions regarding this scope of work please do not hesitate to contact me at (619) 698-9177. Re . pectfully! Jeff Katz, Al Principal Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 Exhibit "A" HOURLY RATE SCHEDULE The following rates apply to work performed on an hourly basis. Principal Architect $ 120.00 per hour Project Manager $ 95.00 per hour Specification Writer $ 90.00 per hour Construction Administrator $ 100.00 per hour Drafter $ 65.00 per hour Secretarial $ 40.00 per hour Structural Engineer $ 140.00 per hour Civil Engineer $ 120.00 per hour Mechanical Engineer $ 115.00 per hour Electrical Engineer $ 125.00 per hour Landscape Architect $ 100.00 per hour Reimbursable Expenses will be charged at 1.1 times the direct cost. Note: These rates will remain in effect until December 31, 2006, at which time they may be adjusted as a result of salary reviews. Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 09/08/2008 03: '- "- IVA ACOR( CERTIFICATE OF LIABILITY INSURANCE v493337129 1/2 carewoD"0") 09/0 09/06/2006 PRODUCER (858)792-3400 FAX (8S8)792-3416 Insurance Office of America, Inc. RBA IOA Insurance Services 12526 Nigh Bluff Dr, Suite 300 San Diego, Cl 92130 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC N INSURED Jeff Katz Architecture 7290 Navajo RI) Suite 106 San Diego, CA 92119 PSURERA: Navigators Insurance Company INSUiER1 INSURER C: INSURER0: INSUPERe THE ANY MAY POLICIES. POLICIES OF INSURANCE LISTED BELOW WAVE BEEN ISSUED TO THE INURED NAMED ABVVE FOR THE POLICY PERIOD INDICATED. NOiINIT STANDING REQUIREMENT. TERM OR COPDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR PERTAIµ THE sNsuRANCE AFFORDED BY THE POLICIES DESCRIBED HERE* IS SUBJECT TO ALL THE TERMS, FY J I t IONS AND CONDTNONS OF SUCH AGGREGATE UMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I I,yA TYPE OF INSURANCE POUCY NUMBER OUCYLID1 Wf TEA pU�y pOATsI UNITS GENERAL Li)1OLM COLIMERCIAL GENERAL LIABILITY . ' EACH OCCURRENCE 8 DAMAGE TO RENTED PMPMI4FA (r'n nm nn...1 I I GUMS MADE nOCCUR MEC EXP(Any one pawn) 8 1.--., GEM PERSONAL d ACN INJURY S GENERAL AGGREGATE 8 AGGREG''A'T�E LIMIT APPLIES PER: j1 POLICY 1 ACT n ADC PRODUCTS. COIN+pP AGG 5 AUTOMOBILE — -..-nowt — _-N LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMB oJ (Ea aEaM) . S INJURY (Pm paw)S BODILY (Per aacideoeno U 8 IPA: apcident)DAMAGE 8 GARAGE' LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT S OTHER THAN FA ACC S AUTO ONLY: MG $ m9CE6&WNIRELLA LIABILITY EACH OCCURRENCE I OCCUR ■ CLAIMS MACE AGGREGATE 5 DEDUCTIBLE RETENTION 8 8 EMPLOYERS' LIABcomPoNATIoNAND ANY LURE 6�CUE THE T aeataw IPntar I TnaySituNiI IF R EL EACH ACCIDENT $ E.L. DISEASE. EA EMPLOYEE S E.L. DISEASE. POLICY LIMIT S A °e+^c`itects 3 Engineers Professional Liability NY-OS-EGR-533242-NV CLAIMS -NADEPOLICY 11/21/200S 11/11/2006 $2,000,000 Per Claim $2,000,000 Aggregate DEBCR►nce OPOPERATA)NS! p TIONS NEWL) EXCLUSIONS ADDED BY EDORBE ENTJSPECIAL PROVISIONSRe: Library Remodel for ILIIU For Professional Liability coverage; the aggregate limit is the total insurance available for all covered claims reported within' the policy period. *Except for non-payment of premiu,, IO days. MRT11111RATC LIAM ,16n - ---- _ Community Development Comeission of the City of National City Attn: Executive Director 1243 National City Blvd. National City, Cl 91950-4397 ACORD 25 (2001N)8) SHOULDAiTOS TINLABOYE DESCRIBED POLICIES Si CANCELLED BEFORE THE E)e?ATON DATE THIREOF, TIE MAINS INSURER WILL ENDEAVOR TO LLAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAR. SUCH NOTICE SHALL IMPOSE ND OBUGAUION OR UMILITY OP ANT EI D UPON TN,DaUImR, ITSAOMR$ OR REPRESENTATIVES. AUTHORIZED NEPRESENTATME John Tenuto/SALc44 J ACORO CORPORATION 190 TI• ,.,.I E Uu�.J I. STATFARM CERTIFICATE OF INSURANCE t ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida INSURANCE ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder JEFF KATZ ARCHITECTURE Address of policyholder 7290 NAVAJO RD,SUITE 106 SAN DIEGO, CA 92119 Location of operations Description of operations LIBRARY REMODEL DESCRIPTION OF OPERATIONS: THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY & ITS OFFICERS, AGENTS & EMPLOYEES The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date ; Expiration Date LIMITS OF LIABILITY (at beginning of policy period) 90-LQ-9982-0G This insurance includes: Comprehensive 01/01/06 01/01/07 BODILY INJURY AND PROPERTY DAMAGE Each Occurrence $ 2000000 General Aggregate $ 4000000 Products — Completed $ 2000000 Operations Aggregate ►1 Products - Completed Operations CI Contractual Liability ❑ Underground Hazard Coverage ■ Personal Injury • Advertising Injury • Explosion Hazard Coverage • Collapse Hazard Coverage • ■ EXCESS LIABILITY ►/ Umbrella POLICY PERIOD Effective Date ; Expiration Date BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) Each Occurrence $ Aggregate $ ■ Other 90-XP-1347--5 Workers' Compensation and Employers Liability 12/01/05 12/01/06 Part 1 STATUTORY Part 2 BODILY INJURY Each Accident $ 1000000 Disease Each Employee $ 1000000 Disease - Policy Limit $ 1000000 POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date ; Expiration Date LIMITS OF LIABILITY (at beginning of policy period) 029 9392-A16-55A AUTO 01/16/05 i 01/16/06 100/300/100 036 7329-E25-558 AUTO 11/25/05 i 05/25/06 100/300/100 THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder 30 days before cancellation. If however, we fail to mail such notice, no obligation or liability will be imposed on State Farm or its agents pr representatives. COMMUNITY DEVELOPMENT COMMISSION Name and Address of Certificate Holder OF THE CITY OF NATIONAL CITY ATTN: EXECUTIVE DIRECTOR NATIONAL CITY, CA 91950-4397 558-994 a.3 04-1999 Printed in U.S.A. Signet re of A orized Representative AGENT Title Agent's Code Stamp AFO Code F409 09/07/06 Date Policy Number 90-LQ-9982-0 DECLARATIONS PAGE AMENDED SEP 7 2006 P STATE FARM GENERAL INSURANCE COMPANY 900 OLD RIVER RD, BAKERSFIELD CA 93311-6000 A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS 12-8147-F426 U Named Insured and Mailing Address KATZ, JEFF DBA JEFF KATZ ARCHITECTS 6676 BONNIE VIEW DR SAN DIEGO CA 92119-2211 Coy A - Inflation Coverage Index: N/A BUSINESS POLICY - SPECIAL FORM 3 Coy B - Consumer Price Index: 198.8 AUTOMATIC RENEWAL - If the POLICY PERIOD is shown as 12 MONTHS, this policy will be renewed automatically subject to the premiums, rules and forms in effect for each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. Policy Period: 12 Months The policy period begins and ends at 12:01 am standard time at the Effective Date: JAN 11 2006 premises location. Expiration Date: JAN 11 2007 Named Insured: Individual Location of Covered Premises: 7290 NAVAJO RD STE 106 SAN DIEGO CA 92119-1631 Your policy is amended SEP 7 2006 NUMBER OF ADDL INTERESTS CHANGED PREMIUM ADJUSTMENT Coverages & Property Limits of Insurance Section I Excluded A Buildingsgs B Business Personal Property $ 32,800 C Loss of Income - 12 Months $ Actual Loss Section II L Business Liability $ 2,000,000 M Medical Payments $ 5,000 Products -Completed Operations Excluded (PCO) Aggregate General Aggregate (Other $ 4,000,000 Than PCO) Forms, Options, and Endorsements Special Form 3 Amendatory Endorsement Tree Debris Removal Policy Endorsement Business Policy Endorsement Additional Insured Endorsement Products/Operations Liab Excl FP-6143 FE-6205 FE-6451 FE-6506.2 FE-6464 FE-6494 FE-6312 Occupancy: Office Deductibles - Section I $ 500 Basic In case of loss under this policy, the deductible will be applied to each occurrence and will be deducted from the amount of the loss. Other deductibles may apply - refer to policy. Endorsement Premium Increase $ 20.70 Discounts Applied: Renewal Year Years in Business Claim Record Continued on Reverse Side of Page OTHER LIMITS AND EXCLUSIONS MAY APPLY - R ER TO YOUR POLICY Prepared SEP 15 2006 FP-8030.2C BQL3 06/1993 Your policy consists of this page, any endorsements and the policy form. PLEASE KEEP THESE TOGETHER. Countersi.ned '04e,,x)Ls By f ,f .;,. V ' 1�%[r�l/� Agent JEFF VINCE (619) 465-1401 (0112172b) Policy Number 90-LQ-9982-0 Prepared SEP 15 2006 CONTINUED FROM FRONT SIDE BUSINESS POLICY - SPECIAL FORM 3 Forms,Options,and Endorsements Off Premises Coverage FE-6486 Additional Insured FE-6324 Glass Deductible - Sect I FE-6538.1 Inland Marine Attaching Dec FE-8750.0 Inland Marine Conditions FE-8751 Additional Insured FE-6320 Amendatory Collapse FE-6551 Inc Cost and Demolition Coy FE-6587 Policy Endorsement -Business FE-6610 Inland Marine - Computer Prop FE-6606 Terrorism Insurance Coy Notice FE-6999 Registered Domestic Partnrship FE-5383 Section ll Additional Insured FE-6609 Valuable Paper $20,000 Option VP IMPORTANT NOTICE: California law requires us to provide you with information for filing complaints with the State Insurance Department regarding the coverage and service provided under this policy. Complaints should be filed only after you and State Farm or your agent or other company representative have failed to reach a satisfactory agreement on a problem. Please forward such complaints to: California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, CA 90013 Or call toll free: 1-800-927-HELP (olt2176c) (0112175a) DL Policy No. 90 -LQ- 9982 - 0 FE-6609 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy No.: 90-LQ-9982-0 Named Insured: KATZ, JEFF ST.C1[ F!!M NIUtA NC[ 6 Additional Insured (include address): THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND ITS OFFICERS AGENTS & EMPLOYEES 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. x❑ Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. FE-6609 Printed in U.S.A.