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HomeMy WebLinkAbout2010 CON Heritage Architecture & Planning - Granger HallAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND HERITAGE ARCHITECHTURE & PLANNING THIS AGREEMENT is entered into this 2ND day of February , 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Heritage Architecture & Planning, a architecture & planning firm (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide a Granger Hall Relocation Study and preliminary design to reuse the historic structure WHEREAS, the CITY has determined that the CONSULTANT is an Archituecture & Planning firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth Exhibit A. The CONSULTANT 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 CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT 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. Barbara Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. David Marshall thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on actual work performed not -to -exceed $20,940. 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 CONSULTANT 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. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY and terminates no later than May 1, 2010. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT 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 CONSULTANT hereby assigns to the CITY and CONSULTANT 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 CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT 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 CONSULTANT shall relieve the CONSULTANT from liability under Section 14 2 City's Standard Agreement — June 2008 revision 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. 8. INDEPENDENT CONSULTANT. 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 CONSULTANT nor the CONSULTANT'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 CONSULTANT and the CONSULTANT'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 CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, 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 CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT 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 CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, 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 CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions 3 City's Standard Agreement — June 2008 revision necessary to protect the CONSULTANT'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 CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT 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 CONSULTANT has notified the CITY otherwise, the CONSULTANT 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 CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT 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. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT 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 CONSULTANT 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 CONSULTANT 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. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT 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 CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT 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 CONSULTANT 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 CONSULTANT 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. 4 City's Standard Agreement — June 2008 revision CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANTS, 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 owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. 5 City's Standard Agreement —June 2008 revision 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. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 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 CONSULTANT 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. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the 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. 19. 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. 20. 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 CONSULTANT. During said 60-day period the CONSULTANT 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 CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. 6 City's Standard Agreement — June 2008 revision C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT 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 CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT 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 CONSULTANT'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 CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT: Maryam Babaki Engineering Department City of National City 1243 National City Blvd National City, CA 91950 David Marshall, AIA, President Heritage Architecture & Planning 625 Broadway, Suite 800 San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform 7 City's Standard Agreement — June 2008 revision services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT 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 CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT 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 CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. 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. 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. 8 City's Standard Agreement — June 2008 revision J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Chris apata, Cit ger HERITAGE ARCHITECHTURE & PLANNING (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) (Name) P. David Marshall, AIA (Print) President (Title) APPROVED AS TO FORM: �"(D By: George H. Eiser, III City Attorney Brian S. Ricklinq (Print) Vice President (Title) 9 City's Standard Agreement — June 2008 revision Granger Music Hall Proposal 01.06.10. pc Exhibit A HERITAGE ARCHI TECTURE & PLANNING January 6, 2010 City of National City Development Services Engineering Division 1243 National City Blvd. National City, CA 91950 Attention: Ms. Barby Tipton Subject: Granger Music Hall Relocation Feasibility Study HAP #09073.PR Proposal Submittal Dear Ms. "Tipton: Heritage Architecture & Planning (Heritage) is very pleased to hear that we have been selected to provide professional services for the Granger Music Hall Relocation Feasibility Study. As requested, below is a summary of the scope and fee that was previously submitted. We hope that this allows you to process the contract through the City Council this month. SCOPE OF SERVICES The Granger Music Hall was designed by renowned San Diego architect, Irving Gill in 1896. It was designed for Ralph Granger to house his collection of rare violins. The Grange Music Hall was originally located adjacent to Granger's personal residence in National City. Two years later the Hall was expanded. The 1871 addition included an elaborate painted mural on the ceiling and a delicate organ screen. The building was relocated in 1970 to its present location at 1615 4th Street. It is currently rented for private events. The City of National City is interested in potentially relocating the Granger Music Hall to the Marina Gateway area which includes the Railcar Plaza and National City Santa Fe Depot. The proposed relocation is intended to promote public access to the building. Heritage Architecture & Planning will prepare a Relocation Feasibility Study for the project. The Study will assess the building condition, relocation logistics, and costs associates with the proposed relocation project. Heritage has recruited a team of highly qualified professional consultants for this project. The team includes: Dodd & Associates — Structural Engineer Leverton & Associates — Construction Cost Estimator John T. Hansen Enterprises — Relocation Consultant I\I'i k\11-I.1( IF( Iii HI II,111I-I'.tl HERITAGE ARCHITECTURE & PLANNING • • Granger Music Hall Relocation Project Proposal Submittal Ms. Barby Tipton January 6, 2010 Page 2 The following is a summary of the scope of services for the Granger Music Hall Relocation Feasibility Study: Task 1— Field Assessment Heritage, the structural engineers, and relocation consultant will attend an on -site kick-off meeting with National City staff to review the project parameters and deliverables. Our team will assess the existing conditions at the building to identify issues associated with the relocation and reuse of the structure. The assessment will include an analysis of the structural and architectural implications associated with relocating the building which may include cutting the building into two or more parts to facilitate the relocation. This would involve impact to the structural system and historic architectural features and finishes. Our structural engineer will also provide a brief description of the existing foundation system and recommendations for the new foundation at the relocation site. The relocation consultant will provide input on the logistics and route for the relocation. Task 2 — Feasibility Study Using the information complied during our field assessment; Heritage will prepare a written summary of our findings. The report will include a proposed relocation strategy as well as a summary of architectural and structural impacts associated with the relocation. Two bound copies of the draft report will be submitted to the City for review and approval. Any comments received from the City will be addressed in the final submittal. The final submittal will include two bound copies of the report and one PDF copy on CD. Heritage has budgeted a total of two meeting with City staff during this task. Task 3 — Preliminary Opinion of Probable Construction Costs Heritage will work with our consultant team to prepare a preliminary opinion of probable construction costs for the proposed relocation. The estimate will include an itemized breakdown of costs. It will be presented as an attachment to the Feasibility Study. Exclusions - The following tasks are not included: - As -Built Drawings - IIistoric Structure Report (HSR) - Historical Research - HABS Documentation Design & Construction Documents MP&E Evaluation & Design 625 BROADWAY, SUITE 8DO, SAN DIEGO, CA 92101 TEL: 6192397888 EMAIL: HERIT.AGEPLHERITAGEARCHITFCTLRF COM FAX'. 619. 234. 6286 HERITAGE ARCHITECTURE & PLANNING • • Granger Music Hall Relocation Project Proposal Submittal Ms. Barby Tipton January 6, 2010 Page 3 - Mitigation Measures - Meetings beyond these noted in the scope. 625 BROADWAY, SUITF ROD, SAN DIEGO, CA 92101 TEL: 619.239 7888 EMAIL: HER1TAGE@HERITAGEARCIIITECTURE.COM FAX, 619 234.6286 Granger Music Hall Relocation Project Proposal Submittal Ms. Barby Tipton January 6, 2010 Page 4 FEES HERITAGE ARCHITECTURE & PLANNING TASK RATE HOURS COST Task 1 Dodd & Associates John T. Hanses Enterprises Subtotal for Task 1 Field Documentation Assessment Heritage Architecture & Planning • Senior Principal $ 200 2 $ 400 • Project Architect $ 130 14 $ 1,820 • Intermediate Draftsperson $ 85 10 $ 850 T S $ 1,200 LS $ 900 $ 3,170 Task 2 Feasibility Study Heritage Architecture & Planning • Senior Principal $ 200 8 $ 1,600 • Project Architect $ 130 52 $ 6,760 • Intermediate Draftsperson $ 85 18 $ 1,530 • Clerical $ 70 8 $ 560 Dodd & Associates Subtotal for Task 2 TS $ 2,400 $ 12,850 Task 3 Preliminary Opinion of Probably Construction Costs Heritage Architecture & Planning • Project Architect $ 130 4 $ 520 Leverton & Associates Subtotal for Task 3 I S $ 1,800 $ 2,320 Reimbursable Expenses $ 600 Grand Total $ 20,940 625 BROADWAY, SUITE 800, SAN DIEGO, CA 92101 TEL 619239.788E EMAIL. I IERITAGE9THERITAGEARCHITECTURECOM FAX: 619234:6286 HERITAGE ARCHITECTURE & PLANNING • • Granger Music Hall Relocation Project Proposal Submittal Ms. Barby Tipton January 6, 2010 Page 5 If you have any questions or require additional information, please call me at (619) 239-7888. Thank you. Sincerely, ed "'mix David Marshall, AI A, President C24785 625 BROADW AY, SUITE 800, SAN DIEGO, CA 92101 TEL: 619.239.7888 EMAIL: HERITAGE@1ERITAGEARCHITECTURE COM FAX: 619.234.6286 ACORD, CERTIFICATE OF LIABILITY INSURANCE 01/15/z 0 PRODUCER (619) 574-6220 FAX (619) 574-6288 Insurance Office of America, Inc. DBA IOA Insurance Services 1775 Hancock Street, Ste. 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 COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Heritage Architecture & Planning 625 Broadway Suite 800 San Diego, CA 92101 INSURERA-. Travelers Prop Cas Co of Amer 25674 INSURERS Travelers Casualty Ins Co Amer 19046 INSURERC: Zurich American Ins Co 16535 INSURERD: INSURER E. COVERAGES 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 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 POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'C TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDDNYI POLICY EXPIRATION DATE WOW() LIMBS LTR INSRC A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 680-6082 L582-TIL-09 FORM #CGD3810907 (AS REQUIRED BY BY WRITTEN CONTRACT) 11/14/2009 11/14/2010 EACH OCCURRENCE $ 1,000,000 $ 300,000 E TO RENTED DAMAGE PREMISES (Fe nccurnncel MED EXP (My one person) $ 5,000 CLAIMS MADE I X I OCCUR PERSONAL a ADv INJURY $ 1,000,000 $ 2,000,000 X Add' 1 Insd/Primary GENERAL AGGREGATE X Waiver of Subro. PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JET n LOC A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 680-6082L582-TIL-09 11/14/2009 11/14/2010 COMBINED SINGLE LIMIT (Ea accident) $ Included BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Par accident) $ GARAGE LIABILffY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY. AGG $ A EXCESS/UMBRELLALIAABILITY X X I OCCUR n CLAIMS MADE DEDUCTIBLE RETENTION $ 0 CUP-7685Y000-TIL-09 11/14/2009 11/14/2010 EACH OCCURRENCE $ 2,000,000 $ 2,000,000 AGGREGATE $ WORKERS EMPLOYERS' OANYFFICER/MEMBER If yes SPECIAL PROPRIETOR/FARINERJEXEB describe COMPENSATION AND LIABILITY EXCLUDED'? CUTIVE under PROVISIONS below UB7112Y836-09 FORM #WC 99 03 76 (AS REQUIRED BY WRITTEN CONTRACT) 09/01/2009 09/01/2010 X TORYLM S ER E.L. EACH ACCIDENT $ 1,000,000 $ 1,000,000 E.L. DISEASE - EA EMPLOYE E.L. DISEASE- POLICY LIMIT $ 1,000,000 C OTHER Pional Liability -Architects s & OF OPERATIONS / LOCATIONS 'VEHICLES ' EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Granger Music Hall Project City of National City its elected officials, officers and employees are Additional Insured with to General Liability and Hired and Non -Owned Auto Liability. Waiver of Subrogation applies to Compensation. day notice of cancellation applies for non-payment of premium. C ERTIFICATE HOLDER City of National City 1243 National City Blvd National City, CA 91950 ACORD 25 (2001!08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRfTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE John Tenuto/MURPHM ©ACORD CORPORATION 1988 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INSURANCE (Section III) for this Coverage A. The following is added to WHO IS AN INSURED Part. (Section II): Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for "bodily in- However, if you specifically agree in a "contract or jury", "property damage" or "personal injury" agreement requiring insurance" that the insurance caused, in whole or in part, by your acts or orris- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis, this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to such additional insured which covers such addi- tions; b. In connection with premises owned by or tional insured as a named insured, and we will not share with the other insurance, provided that: rented to you; or (1) The "bodily injury" or "property damage" for within the "products -completed o c. connection with "yourwork andincluded which coverage is sought occurs; and ooperations (2) The "personal injury" for which coverage is hazard". sought arises out of an offense committed; Such person or organization does not qualify as an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con-nsuranancelll iexcess over valid and collectible other ceswhether primary, excess, contingent or tract or agreement. on any other basis, that is available to the insured The inprovided to such additional insured when the insured is an additional insured under is limitedurascas follows: llows: any other insurance. . d. This insurance does not apply on any basis to C. The following is added to Paragraph 8. Transfer any person or organization sured specifically which cover- to tOf Rights Of Recovery Against Others To Us age as an additional inin COMMERCIAL GENERAL LIABILITY CON- DITIONS by another endorsement to thisscCover- is (Section IV): age Part. e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of payments we make for "bodily injury", "property services". damage" or "personal injury" arising out of "your f. The limits of insurance be afforded to the addi-work" performed by you, or on your behalf, under agreed insured ithat shallcon ac the limits enwht requir- you a "contract or agreement requiring insurance" with agreed it to rovt foragthat tadditional that person or organization. We waive these ing red, or the to provide inhth Dec- rights onlywhere you have agreed to do so as insured, this the vera shown the Declare- part of the "contract or agreement requiring insur- tions less. for rsement Part, whichever are ance" with such person or organization entered less. This endorsement does not increase the limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- Page 2 of 2 erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. TRAVELERS) WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) — 001 POLICY NUMBER: (XSD-7112Y83-6-09) WAIVER OF OUR RIGHT RECOVER CAL FORK q FROM OTHERS ENDORSEMENT (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. while engaged in You must maintain payroll records accurately segregating the remuneration of your employees % of the California workers' compensation pre - the work described in the Schedule. The additional premium for this endorsement shall be 3 .0 mium otherwise due on such remuneration. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS COMPLETED A WRITTEN CONTRACT TO FROVIDE THE WAIVER. Schedule DATE OF ISSUE: 06-30-09 STASSIGN: Job Description OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Della, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax HERITAGE ARCHITECTURE & PLANNING Relocation Study / Preliminary Reuse Study Lynn Cole (Engineering) Forwarded Copy of Agreement to Consultant