HomeMy WebLinkAbout2008 CON Jeff Katz Architecture - Police Dept. Wall & FenceAGREEMENT BY AND BETWEEN
THE (ITY OF NATIONAL CITY
AND
JEFF KATZ AR('HITEC:TiRE
THIS AGREEMENT is entered into this 4th day of March 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 National City Police Department Bullet -Resistant
Glazing/Paneling and Security Fencing Project.
WIIEREAS, 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, THE PARTIES HERETO DO NIUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will he
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as
set forth in the attached Exhibit "A".
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep
staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to he 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 for the
CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall
assign a single Project Director to provide supervision and have overall responsibility for the
progress and execution of this Agreement for the CONTRACTOR. 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 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 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 CITY.
The CONTRACTOR shall maintain all hooks, 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 he 115
(one hundred and fifteen) working days from the date the agreement is entered. Therefore, the
final report shall be submitted no later than Thursday, August 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 CIi'Y 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 Ci1Y's prior authorization regarding
reproduction, which authorization shall not he unreasonably withheld. The CONTRACTOR
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign. transfer, or in any other way, medium or method utilize the CONTRACTOR'S
written work product for the CITY's purposes, and the CONTRACTOR expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
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Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section
14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability
to the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will he acting in an independent capacity and not as agents,
employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the
CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights,
benefits, or privileges of the CITY's employees, including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONTRACTOR and its employees. Neither this Agreement nor any
interest herein may he assigned by the CONTRACTOR without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONTRACTOR frorn 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 C:ONTRAC:TOR or any of the CONTRACTOR's
employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent
that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any
manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR,
its agents, servants, and employees are as to the CiTY wholly independent contractors and that
the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this
Agreement.
9. COMPLIANCE WITII APPLiCABi.E 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. 'i'he 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 OR 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.
I I . 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 CONIRACTOR's employees and members of the public
from risk of harm arising out of the nature of the work and/or the conditions of the work site.
B. The CONTRACTOR is responsible for identifying any' unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONTRACTOR has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that
all products, materials, processes or treatments identified in the project documents prepared for
the CiTY are reasonably commercially available. Any failure by the CONTRACTOR to use due
diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONTRACTOR agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAi, 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 CON'l'RACI'OR 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, hcrealter 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 CONTRACfOR's negligent acts, errors or omissions or other wrongful conduct
performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of the California Government Code
and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liahility under any of said acts which may he 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.
('. Comprehensive general liahility insurance, with minimum limits of
$1,000,000 combined single limit per occurrence and annual aggregate, covering all bodily injury
and property damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONSULTANT's
employees.
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E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and appointed volunteers, so that any other policies held by the CITY
shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30)
days prior written notice to the CITY of cancellation or material change ten (10) days if
cancellation is for nonpayment of premiums.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as additional
insureds.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A Viil
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 tiled with and approved by
the CiTY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to he considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the amount of the judgement or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition. be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attomey'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 S25,000,
the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego,
California, in accordance with the Commercial Mediation Rules of the American Arbitration
Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne
equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or
breach thereof that does not exceed $25,000 and which is not resolved by mediation shall he
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to
the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
19. 'TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day's written notice to the
CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terrrrinated 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 CON 1R ACTOR,
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. NOTIC:ES. 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, retum
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telccopy, 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 tollowing its deposit in such overnight
mail facility, (iii) if mailed by registered, certified or ordinary mail, live (5) days (ten (I0) days if
the address is outside the State of California) after the date of deposit in a post office, mailbox,
mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
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To the CITY:
Maryam Babaki, P.B.
City Engineer
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Tel: (619) 336-4383
Fax: (619) 336-4397
To the CONTRACTOR: Jeffrey Katz, A1A
Jeff Katz Architecture
6353 Del Cerro Boulevard
San Diego, CA 92120
Tel: (6 19) 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, telecopy, facsimile or lax must he 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 CONTRACiOR 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 Ciovcmment 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 perlbrm services for the CITY.
The CONTRACTOR shall be strictly liable to the C'II'Y for all damages, costs or
expenses the CITY may suftcr by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation ojTune 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 he extended until 5:00 p.m. Pacific Tirne of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
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B. Countetparts. 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.
1). No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The following Exhibits attached hereto are hereby
incorporated herein by this reference for all purposes.
• Exhibit A — Scope of Services and Hourly Rate Schedule
• Exhibit B — 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
hcrcof.
Il. Applicable Lain. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its owii, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
am Babaki,
C. y Engineer
APPROVED AS TO FORM:
George H. baser. III
City Attorney
Jeff Katz Architecture
(Two signures reuired for a corporation)
By:
By:
(Name)
'i
(Title)
(Name)
(Title)
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EXHIBIT "A"
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ARCHITECTURE
December 10, 2007
Kenneth Fernandez
The City of National City
1243 National City Boulevard
National City, CA 91950
RE: Architectural Services
Police Facility Lobby and Site Fencing Renovation
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, I have prepared the following fee pmposai for the renovation
to the existing Police Facility lobby to install bullet resistant glazing and wall
panels. Work will also include the installation of new fencing above the existing
CMU walls to provide security to the parking area. For the purposes of this
proposal the construction budget for the project is assumed to be approximately
$100, 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.
63,3 Del Cerro Boulevard, San Diego; CA 9212o
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Police Facility Security Modifications
December 10, 2007
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Prepare drawings and specifications suitable for bidding to clearly
delineate the Contractor's scope of work, including required design. No
Civil, Structural, Electrical, Mechanical Engineering or Landscape work is
included in this proposal. It is assumed for this proposal that the City of
National City will provide all required General and Supplementary
Conditions and Bidding Information.
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 Two month
construction period, from Authorization to Proceed through Punchlist Inspection.
The following services will be provided:
Attend Pre -Construction conference.
6353 Del Cerro Boulevard, San Diego, CA 92120
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Police Facility Security Modifications
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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 8) 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 RFl and
Change Order information, and observe the construction to verify work is
proceeding in accordance with construction documents.
Make one additional site visit to perform Punchlist Inspection, and one
additional visit to perform Final Inspection. Punchlist Inspection will
include a detailed listing of all items remaining to be completed by the
Contractor. Final Inspection will certify that all work has been completed
in accordance with construction documents.
Assist in reviewing and processing contractor's progress payment
requests, and certifying the amounts due to the Contractor.
ADDITIONAL SERVICES TO BE PROVIDED ON AN HOURLY BASIS
The following items are not included in the Basic Services, and will be provided
as additional services only after written authorization is received. Unless a
subsequent fixed fee proposal is provided, the work will be done on an hourly
basis per the attached Hourly Rate Schedule (Exhibit 'A').
Revisions to Contract Documents resulting from Owner requested
changes to documents previously approved by the Owner, or due to code
or zoning changes made subsequent to Owner approval.
Services required because of significant changes in the project (not due to
the design team's acts or omissions) including, but not limited to, size,
quality, complexity, schedule, or the method for bidding and contracting for
construction.
6353 Del Cerro Boulevard, San Diego, CA 92126
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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.
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 Ten Thousand
Five Hundred Dollars ($10,500.00). Invoices will be submitted monthly, in a
format acceptable to the City, for the percentage of work completed during the
month.
l 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.
Resprctfully,�
Jeff Katz, Al
Principal
6353 Del Cerro Boulevard, San Diego, CA 92120
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Exhibit "A"
HOURLY RATE SCHEDULE
The following rates apply to work performed on an hourly basis.
Principal Architect $ 120.00 per hour
Project Manager $ 95.00 per hour
Specification Writer S 90.00 per hour
Construction Administrator $ 100.00 per hour
Drafter $ 65.00 per hour
Secretarial $ 40.00 per hour
Structural Engineer $ 140.00 per hour
Civil Engineer $ 120.00 per hour
Mechanical Engineer $ 115.00 per hour
Electrical Engineer $ 125.00 per hour
Landscape Architect $ 100.00 per hour
Reimbursable Expenses will be charged at 1.1 times the direct cost.
Note: These rates will remain in effect until December 31, 2008, at which time
they may be adjusted as a result of salary reviews.
6353 Del Cerro Boulevard, San Diego, CA y212o
www. jeftkatiarch itecturc.com
EXHIBIT "B"
12
Exhibit "B" Fee Schedule/Breakdown
Fencing
Architect's Fees
Total
Exhibit "B" IApproximate Fee SchedulelBreakdown
National City Police Department
Description
Bullet Resistant Glazing
Cost Type of Work
$ 25,000 Architect's Construction Estimate (Not included in this contract)
Bullet Resistant Wall Panels $ 30,000 Architect's Construction Estimate (Not included in this contract)
Demolish and Reinstall (Misc) j $ 15,000 Architect's Construction Estimate (Not included in this contract)
I $ 40,000 50trchitect's Construction Estimate (Not included in this contract)
• $ 10,500 Construction Documents and Administration (Lump Sum)
, $ 120,500
3/12/2008 9:28 AM
EXHIBIT "C"
13
Exhibit "C" Project/Work Schedule
ID I 'ass N9,13
4War.:
Glazing & Fencing Package
Marc- Apre, !May
Durattoe Stert 2,10 217. 2i24 32 - 3.6 3,16 3/23 3430 4.13 .! 4420 4/27 544 511 5:18
0 dayS u0 ycce 4Ip 374
116 days Thu 36/011!
14 3 De..ok,p Base Drawings 2 w. -hu 3'3..C8 _
:
4 DewIloy sceerna: c cc coots 2 weS Thu 3/13:C8
5 Pe .iew Schereat, Cc-Lep, wil.. PD 3 Jays Thu 3/7.4:8
6 C:,strucli.r De,uments 18 Jays Thu 320.08
5 .tent 'lass to Cly 0 days Tue 0154:2 '
8 CD -rents back to .KA 0 Jays Fe VI 5.'78
9 CD-rico CDs 6 de. M.on 4/21:6
10 Pw,rect ox .c hid 0 days Mon 5,5'28
Ope, dr.s 0 days Von 5425.:8
12 Award Construr,on C.weraet 0 da,s Tut 6f• 7,1)2
13 CO' stru.,, 8 w., Y.od 64•8,Ce
14 Cu' Sleutlii, COw2ele 0 clao Wad 6/13,05
Na, onal ZIl PD G,aang & Fe,oc nu fAu.14, ut.
Date Thu 333.08 :Seel
National City PD Glazing & Fencing Modifications
PrOgrn,
14. astone
July
6/' 6/8 6/15 6/22 6.23 7:6 713 7/20 7/27A'C'' e!3 &fa
•
Page 1
• cis
• 4/.
4. 4,5
• 6/26
• 6/17
Dead"
Eternal ValeVone •
Proposed Design/Construction Schedule
EXHIBIT "D"
14
Jeff Katz Architecture
Page 1 of 1
JEFF KATZ ARCHITECTURE
home
architectural
Jeff Katz Architecture is a full service
Architectural, Planning and Code
Compliance firm founded in 1992. The
firms 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 NCAR.B 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
finictiunal, 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
are always conscious of the 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.
Exhibit Me Firm Biography
accessibility
contact
http://w•vvw.jcffkatzarchitccturc.corrilhome.htm 3; 1 1 /2008
Di1/n 7
ACORP CERTIFICATE OF LIABILITY
INSURANCE
PRODUCER (6I9)574-6220 FAX (619)574-6220
Insurance Office of America, Inc.
OBA IDA Insurance Services
1775 Hancock Street, Suite 180
San Diego, CA 92110
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 CQVEI{AGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC I
INSURED
Jeff Katz Architecture
6353 Del Cerro Boulevard
San Diego, C4 92120
NSURERA Navigators Insurance Company
INSURER B
NSURERc:
NSURERD.
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTNCING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLLIICrIIES. AGGREGATE LANTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LIN
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TYPE OF KEIRANCE
POLICY NUIR3EA
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B& Ey N
LIMITS
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COMIERCIAL GENERAL LIABILITY
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$
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ANY AUTO
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Arnc�TRitects 8 Engineers
Professional Liability
NY-07-EGR-533242-NV
DEDUCTIBLE 510,000
QETRO DATE: 11/01/1992
11/11/2007
11/11/200B
$2,000,000 Per Claim
52,000,000 Aggregate
DEICR)PTTON Of OPERATIONS / LOC.ATIONS f VOTICLE$ f EXCLUSIONS BY DORSEMENT 1 SPECIAL,
PL Agg limit is a total insurance available for all coveredclaims 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 25 (2001108)
CANCELLATION
111DULO ANY UP 714E ABOVE DE*CRIEBD POLICES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE IBBVNO INSURER WILL NAZ/ > MML
*JO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLOER$NMED TO THE LETT,
ifilidDLIODULItOKKouta(X LrXXX rxxynrxxx
011X.UNMX0MBO0061601KM4WinitKA1190900200MKXXXXXXXX
AUTHORIZED REPRESENTATIVE
John Tenuto/PAIJ4EL
OACORD CORPORATION 1988
City of National City
Office of the City Clerk
1243 National City Blvd.
National City, CA 91950-4397
619-336-4228 619-336-4229 fax
JEFF KATZ ARCHITECTURE
POLICE DEPARTMENT BULLET -RESISTANT WALL &
SECURITY FENCE PROJECT
Tess Corpuz (Engineering) forwarded the
Contract to Vendor