HomeMy WebLinkAbout2007 CON CDC City Works - Consulting Svcs. - Harbor GatewayAGREEMENT
BY AND BETWEEN
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
AND
CITY WORKS
THIS AGREEMENT is entered into this 9th day of October, 2007, by and
between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY, a municipal corporation (the "CDC"), and CITY WORKS (the
"CONTRACTOR").
RECITALS
WHEREAS, the CDC desires to employ a CONTRACTOR to provide
landscape architectural consulting services to the City of National City to develop a
conceptual design plan for the Harbor Gateway area at Bay Marina Drive and Marina
Way.
WHEREAS, the CDC has determined that the CONTRACTOR is an
architectural and design firm and is qualified by experience and 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 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 CDC for such services, except
as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings
cited in Exhibit "A" to keep staff and the Community Development Commission advised
of the progress on the project.
Revised November 2007
The CDC 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 CDC and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 10% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Colby Young 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. Laura Warner
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
the base amount of $23,190 as described in the schedule given in Exhibit "A" without
prior written authorization from the Community Development Executive Director.
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 CDC.
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. The Agreement shall be in effect for
180 days from the date in which the CDC and CONTRACTOR enter the Agreement
and the Executive Director shall have the option to extend the length of the Agreement.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS.
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 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
2 Revised November 2007
unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
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.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
3 Revised November 2007
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.
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,
4 Revised November 2007
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.
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
5 Revised November 2007
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 Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
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
6 Revised November 2007
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.
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
7 Revised November 2007
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 ovemight 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 CDC:
Brad Raulston
Executive Director
Community Development Commission
of the City of National City
1243 National City Blvd
National City, CA 91950
To the CONTRACTOR: Laura Warner
President, Warner Architecture + Design
Partner, CityWorks
427 "C" Street, Suite 200
San Diego, CA 92101
619-238-6009 x109
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
8 Revised November 2007
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.
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.
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
9 Revised November 2007
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto, shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon,
and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
consulted with, or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
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
CITY WORKS
(Corporation — signatures of two corporate officers)
(Partnership — one signature)
(Sole proppetorship ature)
By: By:
Brad Raulston, Executive Director
APPROVED AS TO FORM:
(Name)
(Title)
7) 9.� By: __
George H. iser, Ill (Name)
CDC Legal Counsel C
SE. Q4 r(h-7
(Title)
10
Revised November 2007
Service and Fee
Jescristion
Urban Planning Research
Urban Planning Conceptual Design
Urban Planning As -Needed
Architectural Design Review
. Community Involvement Research'
Publicity and Noticing Start-up
Capacity Budding Start-up7
Project Management
task detail
Site tour to assess and document new conditions with
Consultant project team
task Vs
1.1
TOTAL
900
Obtain and review planning documentation and proposed
plans - Train Depot site, and proposed plans for Parcels
1A- 4, landscape plans for Bay Marina Drive, Engineering
base
1.2
450
Obtain and prepare for use of current Engineering base
maps - moved to 1.2
1.3
0
Photo and measure Granger Hall that is to be relocated/
draft plan - information provided by staff taken out of
budget
1.4
d
1350
Design Team meeting to create concepts
2.1
720
Prepare a conceptual plan for the Gateway based on
newly proposed plans and client input - design, draft and
note
2.2
3600
1st Revision - one set of minor revisions to dwgs
2.3
1800
2nd Revision - one set of minor revisions to dwgs - taken
out of budget
2.4
0
Perspective of Bay Marina Drive
2.5
2850
Perspective of Marketplace Plaza or other designated
plaza space
2.6
2850
As -needed design review for proposed development
projects only as allowed by current budget - scope
unknown at this time - removed from budget
., - -.., _
Project Set-up and internal coordination -
October/November-•(2) hours LW/CTS - month of
November taken out of budget
2.7
3.1
0
. •-
900
11820
Ongoing Client, Consultant and Mark Weber/MS'
Coordination - October / November (Does not include
more than 1 hour of coordination with the rail group. month
of November taken out of budget
3.2
600
Kick-off meeting with client and consultant team to review
proposed plans and design concepts (LWICTS) - took out
of budget
3.3
0
Client Meeting: Review Concept Plans - 1st Draft -
increase budget for this
3.4
720
Client Meeting: Client, Mark Weber, MSI, and Consultant
Team Meeting to review Developer Concept plans
Client Meeting: Client, Rail Group and Consultant Team
Meeting to review Rail Group concept plans
Client Meeting: Review revised concept plans and
illustrative drawings - 2nd Draft, (LW/CTS) - taken out of
budget
3.5
Attend one meeting or opening
Spurlock/Poirier Scope
540
540
0
72
4020
17190
Reimbursables
Allowance
Total Estimated Fee and
Reimbursables
Assumptions:
1. Reimbursables above contract except as noted.
2. As -needed services can be provided, per hourly rate
schedule.
3. Fees_shall be good for 4 months from date of proposal
4. Consultant shall rely on the accuracy of owner provided
documents
5. Consultant will make a good faith effort to meet
constrained schedule requirements
6. City's Consultants will perform in a timely way and not
delay schedule. If this is the case Consultants schedule will
be extended.
3500
2500
23190
Principal Urban Planner/Architect
Principal Community Involvement Specialist
Senior Project Manager
Project Manager
Senior Design/Drafter
Community Involvement Associate
Junior Design/Drafter
Project Assistant
Administrative Assistant
Mileage will be billed at a rate of .485 per mile.
`>yworks
$190.00/hr
$190.00/hr
$165.00/hr
$150.00/hr
$100.00/hr
$90.00/hr
$75.00/hr
$65.00/hr
$50.00/hr
September 28, 2007
Laura Warner
Architect and President
CityWorks
427 C Street
San Diego, CA 92101
(warner@warnerad.com
619.338.9091
RE: CINC Harbor District Planning: Gateway Study / CNC-071
Dear Brad, bfc(
We have put together the following agreement for consulting services for the CINC Harbor District
Planning: Gateway Study project for your review and approval.
This agreement is between CITY WORKS hereafter CLIENT, and SPURLOCK POIRIER, Landscape
Architects, California license number 1865 hereafter CONSULTANT. The agreement is for a concept
design for the Harbor gateway area at Bay Marina Drive and Marina Way hereafter PROJECT.
SCOPE OF WORK AND SCHEDULE
CONSULTANT will provide Landscape Architectural consulting services to the City of National City and
City Works to develop a concept design for the Harbor gateway area at Bay Marina Drive and Marina
Way.
CONSULTANT will provide input to City Works concerning the urban design of public spaces and right-
of-way, the development of landscape and streetscape concepts and the illustration of concepts.
The CONSULTANT shall commence work on the PROJECT upon receipt of a fully executed, original
copy of this Agreement. The CLIENT shall review the PROJECT schedule with the CONSULTANT
and the parties shall mutually agree to the schedule.
This scope of work supports a proposal provided by City Works to the City of National City.
Services, meetings and related fees are outlined below.
TASK FEE
Analysis
• Attend one site visit with team
Concept
• Meet with design team for charette (1 mtg L 4 hrs)
• Meet with City staff (1 mtg @ 2 hrs)
Presentation
• Attend one meeting or opening
• Review and comment on your rough -outs
1,000.00
1000.00
500.00
500.00
500.00
TOTAL $ 3,500.00
ADDITIONAL SERVICES requested by the CLIENT will be performed on an hourly basis at the current
hourly rates at that time. As of the date of this agreement, the current hourly rates are as follows:
250.00 Principal
125.00 Senior Associate
100.00 Associate
90.00 Senior Landscape Designer
70.00 Landscape Designer
V2V/26/20D7/MON
I , 1
Exhibit B
. L
ACORD
CERTIFICATE OF LIABILITY INSURANCE °11/26/2o 77'
PRODUCER (619)584-6400 FAX (619)584-6425
Westland Insurance Brokers
3838 Camino Del Rio North #315
P.O. Box 85481
San Diego, CA 92186-5481
INSURED Warner Architecture & Design
427 C Street, Suite 200
San Diego, CA 92101
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURERA Continental Casualty Company
20443
INSURER R Transportation insurance Co
INSURER C.
20494
INSURER O.
INSURER E
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY -THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
1 SR
D' ADL
NSRDATE
� 7YP6 OF INSURANCE
POLICY NUMBER
POLICY mnTOTNE
(M M YI DfY
POLICY EXP(RA�f�l7 N
DATE IIEMID ( 1
LIMITS
A
GENERAL
LI ABIUIY
COMMERCIAL GENERAL LOU3ILRY
2076804490
04/01/2007
04/01/2008
EACHOCCURRENCE
8 1,000,000
X
DAMAGE TO VENTED
PRFMLS.R tFa xluarvl
$ 100 000
e
l CLAIMS MADE X OCCUR
MED EXP (Any ar.e parwn)
$ 10,000
PERSONAL SAW INJURY
$ 1,000,000
GENERAL AGGREGATE
8 2,000,000
GENL
AGGREGATE LIRRMI r APPLIES ?ER
PRODUCTS-COMP/OP AOO
$ 2,000,000
POLICY n JECT F LOC
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL CAMEO AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
2076804490
04/01/2007
.04/01/2008
COMBINED RINDLE LIMIT
(Ea acddml)
8 1,000,000
BODILY INJURY
(Par parson)
X
DODILY:N.:URY
(Per scradeM)
X
PROPERTY DAMAGE
(Per acddarn)
$
GARAGE
LIABILITY
ANYAUTO •
AUTO ONLY- EA ACCIDENT
$
OCHER THAN EA ACC
S
AUTO ONLY: AGG
$
B
EXLESS UMBRELLA UASRITY
2076705829
04/01/2007
04/01/2008
EACH OCCl/RRENCE
$ 1,000,000
X I OCCUR CLAIMS MADE
AGGREGATE
$ 1,000,000
DECUOTIBLE
RETENTION S 10 , 000
s
i
8
X
8
WORKORS COMPENSATION AND
EMPLOYERS' UALnY
SI
ANY PROPMe-roNPARTNEEnrexecUTIVE
OFFICERIMEMBER EXCLUDED?
It yss. d.serlbe t:der
SPECIAL PROVISIONS bO w.
WO STATU• OTH-
TORY I IMITS ER
E.L EACH ACCIDENT
$
E.I.. DISEASE- EA EMPLOYES
S
E.L. DISEASE - POL:CY LIMIT
$
A
PROFESSIONAL LIABILITY
- CLAIMS MADE
SFA113847253
04/01/2007
04/01/2008
$1,000,000
$1,000,000 ACC PER
PER CLAIM
POLICY YEAR
oESCRWTION OF OPERATIONS / LOCATIONS / VENICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
RE: HARBOR DISTRICT GATEWAY PROJECT
CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED PER THE ATTACHED SB146932-A ENDORSEMENT.
*EXCEPT 10 DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM.
CERTIFJCATEtiOLDER
CITY OF NATIONAL CITY
COMMUNITY DEVELOPMENT COMMISSION
ATTN: BRAD RAULSTON
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 91950
ACORD 25 (2001108)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
* 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NC) OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTNOREED REPRESENTATIVE
Steve Henkel man/WILSON
@ACORD CORPORATION 1988
11/26/2007 MON 11:42 (JOB NO. 85601 Q 002
Irr(: /2Ii/='I,.I_!/EN
Exhibit B F. 0:3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 26 (2001/08)
11/26/2007 MON 11:42 [JOB NO. 8560] Z 003
26/ 2: 7,11.,2•N 11:
Exhibit B -
Mt
NEM
S
e,IIA
SB-146932-A
(Ed. 01/06)
THIS-ENDORSENIENT CHANGES THEPOLICY. PLEASE READ IT CAREFULLY.
• , .
-NWpCONTRACTORS BLANKETiADDITIONALINSVRED •
• • - —
This enderserrientmodifnis Insurance provided under tho foilOwkiQ•
131.)SINE,Opinitsifisi4A171 iljTY COVERAGE FORM
• . 3
Coverageisiforded under!thisextension of coverage endorsers ent,does' InglepPly: to. any torsosi or organization covered
asareaddftirsidi Insured on •sny .othiiir endorsement now or hereaftwereched toll* Coverage Part,
1. igittrritlfiACHOuRSEF;-latl..ANKET VENDORS • "Eaodiy.. injiiir or 'property damage'
WHO IS AN INSURED is.amended to include as an • affsirig Out 8f-the. sole negligence of the
vendor for its 'oVitt 'acts or omission or
insured RerPfl or• organization (referred those of - Its, employees or anyone else
to bolter As V do4 whoin you agreed. because
• • :e4pgri:on , .behalf. However, this
a wrket). or' agreement to provide exclusion does pot apply to:
InsuranCe. ut.o1ywtct to 'bodily Injuryor
'property diiii1ii4e'-arisitit *'your products' which
are distributed or sold tti 'the' regular course of the
vendor's busineese.subjecioto -the following additional
exclusions:
1. The insurance, Afforded the vendor does not
aPPIftgi- ...'•
a. 13odily,injune• or 'property damage' for
which the vendor Is obligated to pay
daigieby- reason of the assumption of
liability in acdfilract or agreement This
eiratision* dare' not apply to liability for
tbat the ivencior would have In
ths4thr. encS4theContract or agreement,' *'
b. Any.4 akpreas. 'warranty unauthorized by ..•
c. AnylitnieibisrorcilemiCal change in the. '
productntedsgstenttonelly by the vendor;
d. R doegirig, akCept when unpacked
s�f�ty --forIffsrlittrPose of losPection...
deinanatiatiorr:lestIng, or the substitution
Of rittnikimarlor • IfistructIons from the.
manufacturifr; and then repackaged in the'
original
(1) The. excepticine contained In
Subparagraphs d. or f.; or
(2)• Such inSP.ectIons, adjustments, tests
OP.Seniftirig as the vendor has agreed
• 10 make 'Or normally undertakes to
• Make.' the usual course of
btialrissei 'in connection with the
diebibtifion or sale of the products.
2... This insurance cO8s not apply to .any insured
'potion or nttton, from whom you have
.:acoifirocrisucti 'products, or any Ingredient,
• part or .61iiitilliter_,.intering kito, accompanying
or 'Wptelnfrig soolif products.
3. This provision 2. does not apply to any vendor
• included as -aniinsured by an endorsement
. Issued by us and made' a part of this
Coverage:Part. .
• - •
4. This peoirision 2. aoss not apply If 'bodily
• irgoir or. 74aroPerht. disnage' Included within
:.,the.7productercornpleted operations hazard' is
excluded.,Alther . by the provisions of the
.Povarage Parlor by endorsement.
•MtscatANEOUS AffitiftIONAL INSUREDS
e. Any...failure to make such Inspections, „,..„ s..0..iiifV.FiP, itt,ernerided, to Include as an
asijUstrnents,AestS or servicing as the lrits 'any 0-:611 ororgafilZation`lcalled additional
yen* lea...kceed to make or normally insured). described. in paregtePhe 3.a. through Lk
undinakes to make In the usual curse of below whom you are requIrect to add as an additional
businesst, •7"in" dannoctIon with the Insured on this policy under. a written contract or
'dIstribstionbr=sale of the products: egriitinent: bill ttittlyittten`Conbact or agreement meet
f. kanionstOiton,installation, servicing or
repair *Varons, except such operations - 1.' Currently .1p _. effect or becoming effective
' -perfbrtheW,al Itte!•Vendor's premises in cluring.the term ot.this policy: and
c9rinecOgnvitth,the sale of the product 2. EkiicUted'prior to 3tie 'bodily injury,' 'property
g. products which; niter distribution or sale damage' or "Perkfial and advertising injury,'
byleu, havebeen labeled or relabeled or ... ,but,., ..:
used Asa container, part or ingredient of.
orgyhe persons or organize ens are
,tf011 otilriati
anytther thing:oraubstance by or for the,
4 datonal Vat:Weds under this endorsement and
vendor, or .• •
811446932-A
(Ed. otioe)
of 3
11/28/2007 MON 11:42 [JOB NO. 8580 1 Q004
Exhibit B
coverage provided to such additional Insureds Is
imlted as provided herein:
a. AddNieirdbored-VOW Wail(
That person or organization for whom you
do work is an additional insured solely for
liability due to your negligence specifically
resulting from your work for the additional
insuredWhich is the subject of the written
contract or written agreeretnt • No
coverage applies to liability resulting from
the sole negligence of the additional
insured.
The'insurance provided to the additional
insured Is limited as follows:
(1) The Limits of insurance applicable to •
'the additional Insured are those
epee/Red In the written contract or
written agreement or In the •
Declarations o) this policy, whichever
IS less. These Limits of Insurance are.
Inclusiveof, and not in addition to,
the Units of Insurance shown in the
Declarations.
(2) The. coverage provided to the.
additional insured by this
endorsement and paragraph F.9. of
the definition of. insured contract'
fp_ineee Definitions do not ad pply
ply
-to 'bey 'Infra? • or 'property: -
damage' arising out of the 'produces
oompleted operations hazard' unless
required by the written contract or
. written agreement
(3) The Insurance provided to the
• titWtibnal insured does not apply to
bodily In dam property age, or
•personal •arid' advertising injury'
arisingout of the or failure
to render any afeasional rendering services.
b. State or Political t3ublvMlon!
A state- or political subdivision subject to
ttte totibeAng provisions:
(1) .This insurance applies only with
respect to the following hazards for
which the state or political subdivision
. has issued a permit In connection
. With premises you own, rent, or
control, and, to which this insurance
applies: •
(a) The existence, maintenance,
. repair, suction, erection, or
• removal of adiertlsing signs,
sWrtings, oantip lea, cellar
913-148932-A
(Ed. 01/08)
(2)
SB-146932-A
(Ed. 01/08)
entrances, coal holes, driveways,
manholes, marquees, hoistaway
openings, sidewalk vaults, street
banners, or decorations and
similar exposures; or
(b) The construction, erection, or
removal of elevators; or
This Insurance applies only with
respent to. operations ,performed by
you or on. your b for which the
state or pOlhical subdivision has
issued a'permit.
This insurance does not. spiny to "bodily
Injury; 'propsrh►. damage or 'personal
and. advertising. Infiinf arising out of
op4�atlons :perforniad for' the state or
munidpallty.
C. Cbr+a
Any persons or organizations with a
controlling. Interest in you but only with
respect to their liability arising out of:
(1) Their finanolal control of you; or
(2)-,premises: they own, maintain or
,,control ,wh . •you lease or occupy
these premes.
This insurance 'does not apply to
atrticitiral • alterations, new construction
and- demolition operations performed by
or for such additional Insured.
• d.. IA9ere or Lemons of Premises
A manager or lessor of premises but only
with respect to liability arising out of the
owneryhiiP,, maintenance or use of that
• sPlf cific pert the premises leased to.
you and subject to the following additional
..exclusion : - • .
ThIs insurance does not apply to:
(1) Any 'occurrence' which takes place
after you oehse to be a tenant In that.
pnornlses; or
(2) Structural .. alterations, new
construction or demolition operations
performed by or on behalf of such
additional insured.
a. Mortgagee. .AssIg ae or Rsoslvsr
A mortgagee. assignee or receiver but
only with respect to., their liability as •
mortgagee, signee, or receiver and
• - arising . out• of the ownership, •
maintenance; or use of a premises by,
you.
Page 2of3
•
11/26/2007 MON 11:42
[JOB NO. 8560] Q.400.5
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
November 28, 2007
Ms. Laura Warner
President, Warner Architecture + Design
Partner. City Works
427 C Street, Suite 200
San Diego, CA 92101
Dear Ms. Warner,
On October 9th, 2007 an Agreement was entered between the Community
Development Commission of the City of National City and City Works.
We are enclosing for your records a fully executed original agreement.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Community Development Commission
el Recycled Paper