HomeMy WebLinkAbout2008 CON Jeff Katz Architecture - Park Facilities ProjectAGREEMENT BY AND BETWEEN
'I'HF. CITY OF NATIONAL CITY
AND
JEFF KATZ ARCHITECTURE
THIS AGREEMENT is entered into this 19th day of February 2008, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and JEFF
KATZ ARCIIITECTURE (JKA), (the "CONTRACTOR").
RECITALS
WIIEREAS, the CITY desires to employ a CONTRACTOR to provide
architectural design services for the Remodeling and Renovation of Parks and Recreation
Facilities Project.
WHEREAS, the CITY has determined that the CONTRACTOR is a full service
architectural, planning, and code compliance firm, and is qualified by experience and ability to
perform the services desired by the CITY, and the CONTRACTOR is willing to perform such
services.
NOW, THEREFORE, TIIE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRAC:'I'OR 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 Tor all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep
staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under
this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services, not to exceed a factor of 10% (ten
percent) from the base amount.
3. PROJECT COORDINATION AND SUPERVISION. Kenneth
Fernandez, Civil Engineering Technician, hereby is designated as the Project Coordinator fbr the
CiTY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall
assign a single Project Director to provide supervision and have overall responsibility for the
progress and execution of this Agreement for the CONTRACTOR. Jeffrey Katz, AiA is hereby
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 perfornied. 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 amounts described in the
professional fees section of the attached Exhibit A (the Base amount) without prior written
authorization from the Project Coordinator. Monthly invoices will be processed for payment and
remitted within thirty (30) days from receipt of invoice, provided that work is accomplished
consistent with Exhibit A as determined by the CiIY.
The CONTRACTOR shall maintain all books, documents, papers, employee time
sheets, accounting records. and other evidence pertaining to costs incurred and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY
and for furnishing of copies to the CITY, if requested.
5. LENGTH OF AGREEMENT. The length of this agreement shall be 210
(two hundred and ten) working days from the date the agreement is entered. Therefore, the
final report shall be submitted no later than Thursday, December 14, 2008.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by
the CONTRACTOR for this Project, whether paper or electronic, shall become the property of
the CITY for use with respect to this Project, and shall be turned over to the CiTY upon
completion of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR hereby
assigns to the CiTY and CONTRACTOR thereby expressly waives and disclaims, any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications or other work
prepared under this agreement, except upon the CITY's prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR
shall, upon request of the CiTY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's
written work product for the CITY's purposes, and the CONTRACTOR expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section
14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability
to the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as agents,
employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the
CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights,
benefits, or privileges of the CITY's employees, including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CON't'RACTOR's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONTRACTOR and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONTRACTOR without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or
hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its
subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this
Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees shall
have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's
employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent
that the CONTRACTOR or the CON'I'RACTOR's agents, servants, or employees are in any
manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR,
its agents, servants, and employees are as to the CI'l'Y wholly independent contractors and that
the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this
Agreement.
9. COMPLIANCE WiTH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City
of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each
of its subcontractors, shall obtain and maintain a current City of National City business license
prior to and during performance of any work within the City.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONTRACTOR represents and covenants that
the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term
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of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONTRACTOR'S trade or profession currently practicing under
similar conditions and in similar locations. The CONTRACTOR shall take all special
precautions necessary to protect the CONTRACTOR's employees and members of the public
from risk of harm arising out of the nature of the work and/or the conditions of the work site.
B. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONTRACTOR has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that
all products, materials, processes or treatments identified in the project documents prepared for
the CiTY arc reasonably commercially available. Any failure by the CONTRACTOR to use due
diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the lbllowing: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONTRACTOR agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CiTY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to he provided herein. The foregoing obligation of this Section 13, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONTRACTOR without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
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CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The
CONTRACTOR agrees to indemnify and hold harmless the City of National City, its officers,
employees, and appointed volunteers against and from any and all liability, loss, defense cost,
damages to property, injuries to, or death of any person or persons, and all claims, demands,
suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or arising
out of the CONTRACTOR's negligent acts, errors or omissions or other wrongful conduct
performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of the California Government Code
and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgements of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR; at its sole cost and expense, shall
purchase and maintain, and shall require its subcontractors, when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies:
A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence and annual aggregate, covering all bodily injury
and property damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONSUL 1'ANT's
employees.
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E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and appointed volunteers, so that any other policies held by the CITY
shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30)
days prior written notice to the CITY of cancellation or material change ten (10) days if
cancellation is for nonpayment of premiums.
F. Said -policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as additional
insureds.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall he written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A V Ill
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall he entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' Ices.
For purposes of determining who is to he considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the ainount of the judgement or award. Atoorney's fees to the
prevailing party if other than the CiTY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
18. MEDIATION/ARBITRATION. if a dispute arises out of or relates to
this Agreement, or the breach thereof and the amount of controversy does not exceed $25,000,
the parties agree first to tn', 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 he borne
equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or
breach thereof that does not exceed $25,000 and which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
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Rules of the AAA then existing. Any award rendered shall he 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 hear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
19. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day's written notice to the
CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said
written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
20. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall he 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 Ibllowing 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 IJnited States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
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'I'o the CITY:
Maryam Babaki, P.E.
City Engineer
City of National City
1243 National City' Boulevard
National City, CA 91950-4301
1'cl: (619) 336-4383
Fax: (619) 336-4397
To the CONTRACTOR: Jeffrey Katz, AIA
Jeff Katz Architecture
6353 Del Cerro Boulevard
San Diego, CA 92120
'I'd: (619) 698-9177
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, tclecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONTRACTOR also agrees not to specify any product, treatment,
process or material for the project in which the CONTRACTOR has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONTRACTOR has a financial interest as defined in Government Code Section 87103. The
CONTRACTOR represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CiTY.
The CONTRACTOR shall he strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. C.'orrtputulion 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.
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B. Counterparts. This Agreement may he 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 l)hligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not he deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The following Exhibits attached hereto are hereby
incorporated herein by this reference for all purposes.
• Exhibit A — Scope of Services and Hourly Rate Schedule
• Exhibit 13 — Fee Schedule/Breakdown
• Exhibit C - Project/Work Schedule
• Exhibit D — Firm Biography
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
II. Applicable Lair. 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 he hound 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 he resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
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1N WITNESS WIIEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
By:
Ron Morrison
Mayor
APPROVED AS TO FORM:
—/
George H. Ltser, III
City Attorney
Jeff Katz Architecture
(Tiro signal ires re tared JOr a corporation)
By:
By:
csCA
("Title)
(Name)
(Title)
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EXHIBIT "A"
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ARCHITECTURE
January 31. 2008
Kenneth Fernandez
The City of National City
1243 National City Boulevard
National City, CA 91950
RE: Architectural Services
National City Park Rehabilitation
Scope of Work and Fee Proposal
Dear Kenneth:
Based on our meeting to discuss this project and a site visit to inspect the
existing conditions at the three parks, I have prepared the following fee proposal
for the renovation to the existing Kimball, El Toyon and Las Palmas parks. Work
will include the replacing and adding picnic tables, fencing, repainting,
improvements to the snack bar and scorer's shacks and restroom improvements
(a skate park or new restroom building is not a part). Also included will be some
ADA accessibility improvements, although it is acknowledged that the budget will
not permit all accessibility improvements to be made as a part of this project. For
the purposes of this proposal the construction budget for the project is assumed
to be approximately $1,000,000.
We are proposing to offer the following scope of services:
SCHEMATIC DESIGN PHASE
Develop concept sketches for proposed modifications
Prepare Opinion of Probable Construction Cost Estimate
CONSTRUCTION DOCUMENTS PHASE
Prepare as -built drawings of existing conditions, based on drawings
provided by the City. It is recommended that topographic surveys be done
of each of the sites. This service is not included as part of our basic
services, but is listed as an optional additional service.
6353 Del Cerro Boulevard, San Diego, CA 9212o
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National City Park Rehabilitation
January 31, 2008
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Prepare drawings and specifications suitable for bidding to clearly
delineate the Contractor's scope of work, including required architectural,
mechanical and electrical design. No Civil, or Landscape work is included
in this proposal. Structural work is limited to the required modifications to
the existing structures — no new structures are included. It is assumed for
this proposal that the City of National City will provide all required General
and Supplementary Conditions and Bidding Information.
Develop separate bid packages for stand alone bid items such as painting
and fencing work.
Submit plans to City of National City Building Department for plan check,
and perform all required revisions to construction documents based on
Building Department's plan check comments (Note: plan check and
permit fees are not included).
Update Opinion of Probable Construction Cost Estimate.
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 Five month
construction period, from Authorization to Proceed through Punchlist Inspection.
The following services will be provided:
6353 Del Cerro Boulevard, San Diego, CA 92120
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National City Park Rehabilitation
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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 for proper execution and progress of
construction, including responding to contractor's requests for information
and clarification.
Make one scheduled site visit every week during the course of
construction (total of 20) 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 kidding and contracting for
construction.
6353 Del Cerro Boulevard, San Diego, CA 92120
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National City Park Rehabilitation
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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.
Processing change requests for Owner requested changes, and for
unforeseen site conditions, after bid, including revisions to Contract
Documents, processing approval of revisions through the Building
Department, and Change Order negotiation.
Providing services in conjunction with evaluating substitutions proposed
by the Contractor, and making subsequent revisions to Contract
Documents resulting from such.
Providing services made necessary by the default of the Contractor, by
major deficiencies in the work of the Contractor, or by failure of
performance of either the Owner or the Contractor under the Contract for
Construction.
Providing services in conjunction with arbitration proceedings or legal
proceedings, except where the Architect is a party to such proceedings.
Providing "Special inspection" services required by law or the Contract
Documents.
Preparation of separate Public Improvement drawings.
Services in conjunction with any required discretionary approvals.
Traffic Engineering Services.
Environmental remediation studies, surveys or removal specifications
Preparation of Boundary Surveys, ALTA Surveys, Title Reports, Deeds,
construction staking or other documents in conjunction with the project
site.
6353 Del Cerro Boulevard, San Diego, CA 92120
www.j el ik atzarch i i ccl Lf re.cll111
National City Park Rehabilitation
January 31, 2008
Page 4
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.
I propose to provide the stated basic services for a fixed fee of Ninety Five
Thousand Dollars ($95,000.00). Invoices will be submitted monthly, in a format
acceptable to the City, for the percentage of work completed during the month.
In addition to the items above we strongly recommend that the City obtain a
complete accessibility survey of the parks to determine all existing barriers.
Although not all of these barriers will be remediated under the scope of the Park
Rehabilitation project, having this survey completed will help the City monitor
what remains to be done and will help as part of the City's required Transition
Plan. We are qualified to provide this service to the City. The fee for the
completed survey and database is a fixed fee in the amount of Nine Thousand
Dollars ($9,000.00).
As mentioned earlier, we strongly recommend that a topographic survey be
prepared to provide more accurate information for our design work. The
Topographic Survey of the site consists of site topography, invert elevations for
existing utilities, horizontal and vertical location of existing surface features and
improvements. The fee for this service is a fixed fee in the amount of Eight
Thousand Dollars ($8,000.00) per park.
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.
Respectfully, 1+
Jeff Katz, AIA
Principal
6353 Del Cerro Boulevard, San Diego, CA 92120
ww.jeflkal7archi tecture.com
Exhibit "A"
HOURLY RATE SCHEDULE
The following rates apply to work performed on an hourly basis.
Principal Architect $ 130.00 per hour
Project Manager $ 105.00 per hour
Specification Writer $ 95.00 per hour
Construction Administrator $ 100.00 per hour
Drafter $ 65.00 per hour
Secretarial $ 40.00 per hour
Senior Accessibility Specialist $ 110.00 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, 2008, at which time
they may be adjusted as a result of salary reviews.
6353 Del Cerro Boulevard, San Diego, CA 9212o
�� ww. jeftkati<u chitecture.cor?
EXHIBIT "B"
Exhibit "B" Fee Schedule/Breakdown
Exhibit "B" !Fee Schedule/Breakdown.
Park Construction Documents Construction Administration Total
Kimball - — $ — 43,000, $ 5,000 ' $ 48,000
Las Palmas 1 $ _ - 17,000 i $ _ _ 2,000 : $ 19,000
El Toy_on $ 25,000 $ — _ 3,000_ $_ 28,000
Total $ 85,000 I $ 10,000 $ 95,000
2/11/2008 3.37 PM
EXHIBIT "C"
13
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From:. Jeff Kati [,' ailto:jeff- kistzarchtecbtre.corn]
Sent: Monday, February 11, 2008 8:37 AM
To: `Kenneth Fernandez'
Cc 'Maryam Babakf; 'Din Daneshfar,
Subject: RE: Three Parks Contract
Ken.
For the fee t think the easiest way to track it is by pa&
FEB 1 1 REco
Loom)
)Y.
Exhibit °C°
Project/Work Schedule
Park Lon Dues ConstAdrnin Total
i:irnbal 543,000 $s,0oo S48,000
Las Palmas 517,000 $2,000 519;000
Et Toyrut 52I Of.l0 _$3,000 $28,000
Total $35,000 $10,000 945,000
The sill-r,ule is going to be a little tough to determine right now, until we. determine exactly which items can be bid out
early. I would say we can have bid documents for painting, tables and teociiig ready by April 1, bid opening end of April,
Award early May and comp4e.te construction by end #tine. For the second phase i need more input from you on when
actual construction can take place so ay to not interfere with tittle league schedule, etc. l think we can have documents
complete May/June and probahty construction complete by November if that works with the leagues schedule.
Will this work?
am in the office today until 3, t will be in tomorrow early, but leaving about 7 am. Let me know what we need to do to
get contract pages signed (can you email theta to me and t can print and sign?).
Jeff
From: Kenneth Fernandez [manta:KFemarc ez6d.nationat-city.ca.us]
Sent: Thursday, February 07, ZOOS 9.3 ± AM
To: Jeff Katz
Cc: Maryam Bateki; Din Darckfa:; Kenneth Fernandez
Subject:. Three Parks Contract
Hi Jeff.
In addition to the r,ortstructicn schedule for the "Three Parks" contact, could you please provide a foe
estimate/breakdown indicatiing how the S95.000 will be utilized?' For ctanty, t have your 'Hourly Rate Schedule" ?inched
to the contract. However, the contract requires this extra iterrt for logistical purposes.
t
EXHIBIT "D"
14
Jeff Katz Architecture Page 1 of 1
JEFF KATZ ARCHITECTURE
home architectural
Jeff Kati Architecture is a full service
Architectural, Planning and Code
Compliance firm founded in 1992. The
firm's Principal Architect, Jeff Katz, AIA,
has many years of experience working on
architecture and accessibility compliance
projects for a variety of public and private
sector clients.
Mr. Katz has his NCARB Certification, and
is currently licensed to practice architecture
in the states of California and Nevada.
Jeff Katz Architecture is, above all, a
service -oriented firm, concerned with
finding architectural solutions to our clients
functional, human and economic needs.
These solutions are arrived at through the
integration of site opportunities, client
requirements and our aesthetic and
technical expertise. At the same time, we
arc always conscious oldie need to
minimize both near and long-term costs. As
a consequence, Jeff Katz Architecture will
provide aesthetic, economic and technically
accurate solutions that fulfill our clients
needs and allow them to achieve their
goals.
accessibility
conlacl
http://www.jeffkatzarchitecture.com/home.htm 1/31 /2008
ACORDR, CERTIFICATE OF LIABILITY
INSURANCE
DABTODDIYYM
1/11/ 007
PRODUCER (619)574-6220 FAX (619)574-6220
Insurance Office of America, Inc.
DBA IOA Insurance Services
1775 Hancock Street, Suite 180
San Diego, CA 921I0
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 #
INSURED
Jeff Katz Architecture
6353 Del Cerro Boulevard
San Diego, CA 92120
INSURERA. Navigators Insurance Company
INSURER B:
INSURER C:
NSURERO:
INSURER E.
r
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWRHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE IN$URANCE AFFORDED BY THE POUCIES DESCRIBEDHEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TWIN.
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TYPE Of INSURANCE
POLICY NUMBER
POLICY DATE 11 4ATIOAraE
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DAIS. IYIMDdYn`Q�
UNITS
OFMEDI
LIABILITY
EACH OCCURRENCE
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COMMERCIAL GENERAL LIABILITY
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1 CLAMS MADE O OCCUR
MED EXP (Any one person)
S
PERSONAL SADV INJURY
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GENERAL AGGREGATE
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GENL AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMP/OP AGG
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fPOLICY n JECT n LOC
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
MIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
(Ea accident)
S
BODILY INJURY
(Per parson)
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—
BODILY INJURY
(Per eaddent)
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PROPERTY DAMAGE
(Per accident)
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GARAGE
LIABILITY
ANY AUTO
AUTO ONLY • EA ACCIDENT
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AUTO ONLY. AGO
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EXCESS/UMBRELLA
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EACH OCCURRENCE
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OCCUR CLAIMS RADE
AGGREGATE
S
DEDUCTIBLE
RETENTION 8
S
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WORKERS
EMPLOYERS'
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERMEMBER
M yes, Presort*
SPECIAL
COMPENIATION AND
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EXCLUDED?
WC STATU. O1rN-
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PROVISIONS below
EL. DISEASE - POLICY LIMIT
$
OTHER tests &Engineers
ArchA Professional Liability
NY-07-EGR-533242-NII
DEDUCTIBLE $10,000
RETRO DATE: 11/01/1992
11/1I/2007
11/11/2008
52,000,000 Per Claim
$2,000,000 Aggregate
DESCRIPTION OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
PL Agg�limit is itotal insurance availabe for all covered claims reported w/i the policy period
Evidence of Insurance.
*Except 10 Days for non -pay
CERTIFICATE HOLDER
City of National City
Attn: Maryam Babaki
1243 National City Blvd.
National City, CA 91950
ACORD 26 (2001/OB)
CANCELLATION
SNOULO ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRAT ON DATE THEREOF, TIE ISSUING INSURER WILL iu6YAMID91 MAIL
*30 DAYS WRITTEN NOT CE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
XX
(SWOMAXIXIWOOLWRIXWarXIMVXXXVOLVX
AUTIIORMEO REPRESENTATWE
John Tenuto/PALMEL
OACORD CORPORATION 1988
RESOLUTION NO. 2008 — 32
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH JEFF KATZ ARCHITECTURE
IN THE AMOUNT OF $95,000 TO PROVIDE
ARCHITECTURAL DESIGN SERVICES FOR THE
NATIONAL CITY REMODELING AND RENOVATION
OF PARK FACILITIES PROJECT
WHEREAS, the City desires to employ a Contractor to provide architectural
design services for the National City Remodeling and Renovation of Parks Facilities Project;
and
WHEREAS, the City has determined that Jeff Katz Architecture is a professional
architecture firm, and is qualified by experience and ability to perform the services desired by
the City, and Jeff Katz Architecture is willing to perform such services for $95,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an agreement with Jeff Katz Architecture in
the amount of $95,000 to provide architectural design services for the National City Remodeling
and Renovation of Parks Facilities Project. Said Agreement is on file in the office of the City
Clerk.
PASSED and ADOPTED this 19th day of February, 2008
Ron Morrison, Mayor
ATTEST:
p �
Michael R. Dalla, ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, Califomia, on February
19, 2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: Councilmember Zarate.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City &tional City, California
CI rk of the City of N
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-32 of the City of National City, California, passed and adopted
by the Council of said City on February 19, 2008.
City Clerk of the City of National City, California
By:
Deputy
Gda�': .�
City of National City, California
COUNCIL AGENDA STATEMENT
s
MEETING DATE February 19, 2008 AGENDA ITEM NO.
ITEM TITLE Resolution of the City Council of National City authorizing the Mayor to execute an
agreement with Jeff Katz Architecture, in the amount of $95,000 in order to provide the City with
architectural services for the City Remodeling and Renovation of Parks Facilities Project
PREPARED BY Din Daneshfar
EXPLANATION
DEPARTMENT
See attached explanation.
Engineering
EXT. 4387
Environmental Review
X N/A MIS Approval
Financial Statement Approved By:
Finance Director
Funding for this project is available through account number 001-409-500-598-4127 (General Funds).
Account No
STAFF RECOMMENDATION
Ad • pt t e Resolutj
.0
N/A
D / COMMIS ' ON RECOMMEDATION
ATTACHMENTS (Listed Below)
1. Resolution
2. Contract Agreement and its exhibits.
sc
Resolution No. '1o o %
A-20C (Rev. 7'03)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
February 27, 2008
Mr. Jeff Katz
Principal
Jeff Katz Architecture
6353 Del Cerro Blvd.
San Diego, CA 92120
Dear Mr. Katz
On February 19th, 2007, Resolution No. 2008-32 was passed and adopted by the
City Council of the City of National City, authorizing the execution of Agreement
with Katz Architecture.
We are enclosing for your records a certified copy of the above Resolution and a
fully executed original agreement.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosures
cc: Engineering Dept.
® Recycled Paper