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HomeMy WebLinkAbout2011 CON CDC Safdie Rabines - National City Aquatic CenterAGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND SAFDIE RABINES ARCHITECTS THIS AGREEMENT is entered into this 1st day of May, 2011, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and SAFDIE RABINES ARCHITECTS, an architect (the CONSULTANT). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide architectural services for the National City Aquatic Center. WHEREAS, the CDC has determined that the CONSULTANT is a registered architect and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC 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 in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "A"to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANTunder this Agreement. Upon doing so, the CDC 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. Patricia Beard hereby is designated as the Project Coordinator for the CDC 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. Susan Richard thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT 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 $48,146 (the Base amount) without prior written authorization from the City Manager/Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The 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 CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC 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 CDC 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 CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC 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. This contract shall expire and all tasks described in Exhibit "A" will be completed on or before May 30, 2011. 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 CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC 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 CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC 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 CDC'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. 2 CDC's Standard Agreement — June 2008 revision Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 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 CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANT's, 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 CDC 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 CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC 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 3 CDC's Standard Agreement —June 2008 revision similar conditions and in similar locations. The CONSULTANT shall take all special precautions 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 CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the 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 CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 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. TheCONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC 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 CDC. 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 CDC. 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 CDC's Standard Agreement — June 2008 revision CONSULTANT shall be liable to CDC 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 Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the 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 CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the 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 CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC 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. 5 CDC's Standard Agreement —June 2008 revision H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City 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 National City 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 CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 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 CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 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 CDC. 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 CDC for cause in the event of a material breach of this Agreement, misrepresentation by the 6 CDC's Standard Agreement — June 2008 revision CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the 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 CDC, 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 CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the 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 CDC: To CONSULTANT: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Ricardo Rabines Safdie Rabines Architects 925 Fort Stockton Drive San Diego CA 92103 619-297-6153 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 7 CDC's Standard Agreement — June 2008 revision 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 services of any kind for any person or entity whose interests conflict in any way with those of the CDC. 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 CDC 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 CDC 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 CDC. ❑ 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 CDC for all damages, costs or expenses the CDC 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. 8 CDC's Standard Agreement — June 2008 revision 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 own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION SAFDIE RABINES ARCHITECTS OF THE CIT OF NATIONAL CITY (Corporation - two signatures) By: Chris Zap- - ity Manager ROVED AS T % ORM: CIdia c; i ua Silva CDC Gene = Counsel By: I 1---Cr (Name) 1 y,( (Print) By: ?rt c.4. f C.�1 (Title) eab; v.t s (Print) i (Title) 9 C DC's Standard Agreement — June 2008 revision EXHIBIT "A" SAFDIE RABINES ARCHITECTS Patricia Beard City of National City 1243 National City Blvd National City CA 91950 April 14, 2011 Dear Pat, 925 Fort Stockton Drive, San Diego, California 92103-1726 619.297.6153 Fax 619.299.6072 www.safdierabines.com Per your request, Safdie Rabines Architects is pleased to provide a proposal for Services through May 31, 2011 associated with re -starting the National City Aquatics Center project. Our previous proposal induded a reduced amount of hours due to the remaining time in April being only two weeks. Because we are now providing services through the end of May we have included the full amount of time we anticipate it will take to complete the scope of work indicated below. The additional time is Indicated on the attached spreadsheet in the highlighted portions. The adjusted fee is listed below. Since this is a time and materials proposal we will only bill for the time it takes to complete this scope of work. No new scope has been added to this proposal. Listed below are the proposed services and associated fees. See also the attached spreadsheet which breaks down the fees per consultant. • Scope of Work for Coordination and Review: - Become reacquainted with the project to determine where the project left off and to establish the remaining scope of work needed to obtain a permit and prepare a construction bid package. Retrieve files from archives and perform preliminary team coordination to get the project restarted. - Review old emails and other correspondences to determine what issues remain to be resolved. - Review plan check comments and project status to determine the remaining scope of work required obtain a permit and prepare a bid package. - Provide three (3) sets of drawings to the Port for their use in reviewing the project. - Meet with project A&E team for coordination. Fees for Coordination and Review: $34,242.00 • Scope of Work for Meetings: - Meetings that Architectural will attend • YMCA • Port of San Diego • Artist • National City - Meetings that MEP will attend • YMCA Meetings that Civil will attend • National City Meetings that Structural will attend • Artist - Fees for meetings: $5,404.00 • Cost Estimate - Fee for Cost Estimate: $8,500.00 The total fee for these services is: $48,146.00 (Forty eight thousand one hundred forty-six dollars) Reimbursables for the three (3) sets of drawings for the Port of San Diego and any other materials will be billed in addition to these fees. Exclusions: The following items are not part of the scope of services and shall be billed as additional services if the services are required: • The scope and fee proposal is based on the understanding that the project is still under the 2001 CBC code and that no revisions to calculations, reports, Title 24, SWPPP, drainage studies, stormwater report, Water Quality Technical Report, or any other similar item will need to be provided. • Revisions and/or design changes originated from City of National City, Port of San Diego, YMCA, or other similar entity not resulting from building permit review comments. • Revisions and/or design modifications due to any changes in site conditions since October 2008. • Preparation of presentation materials, 3D images/renderings and presentations. These fees are based on a time and materials basis. Please review the service items and fees listed above and authorize if acceptable. If authorized to proceed we would request that all fees be payable at the end of this portion of work. Sincerely, Susan Richard NATIONAL CITY AQUATICS CENTER - Aprtl 14, 2011 Service item Dahl, Taylor & Associates, Inc: MEP CValdo Corporation- Civil GSSI- Structural Marcie Harris Campbell Anderson Safdie Rabines Architects Total Fees YMCA Meeting $674 $840 $1,514 2hrsx$145•$290 2hrex$96•$192 2 hrs x $96 • $192 2hrs@$250 2 hrs@$170 Port of San Diego Meeting $495 $840 $1,335 3 hrs@$185.00 2 hrs@$250 2 hrs@$170 Artist Meeting $130 $840 $970 1 hr@$130.00 2 hra@$250 2hrs121$170 National City Meeting $495 $250 $840 $1,585 3 hrs@$165.00 2 hr@$125.00 2 hrs@$250 2 hrs@$170 Team Meetings & Coordination $674 $495 5260 $375 $1,600 $3,404 2 hrs x $145 • $290 2 hrs x $96 • $192 2 hra x $98 • $192 3 hrs(g$165.00 2 hrs@$130.00 3 hrs05125.00 .. 3;hrs $250- 5:h`fi4g8170 '} . Coordination and Review $1,348 $2,970 $1,690 $1,630 $23,200 $30,838 4 hra x $145 = $580 4 hra x $98 • $384 4 hra x $96 • $384 18 hrs@$165.00 13 hrs42$130.00 6 hrs@$125.00 11 hrs@$80 I`nfFCY NL„ 10 hrs©$260 a $1,250 90 hrs@$170 >; $850 40( $135 • $2700',.. Cost Estimate $8,500 $8,500 Total Service Fees $2,696 $4,455 • $2,080 $2,255 58,500 $28,160 848,146 Safdie Rabines Architects 2011 Rate Schedule Fee Sr. Principal $ 250.00 Principal $ 200.00 Project Manager $ 170.00 Quality Assurance $ 170.00 Job Captain $ 150.00 Designer 3 $ 135.00 Designer 2 $ 120.00 Designer 1 $ 110.00 Draftsman $ 95.00 Administrative $ 80.00 Expenses: Mileage: Cost +15% 0.51 Cents Per Mile Please note that our fees will increase 5% at the beginning of each calander year. DAHL, TAYLOR & ASSOCIATES, INC. ENGINEERS & CONSTRUCTORS MECHANICAL, ELECTRICAL and STRUCTURAL ENGINEERING SERVICES 2011 FEE SCHEDULE 1. Classification Hourly Rate Principal Engineer $178.00 Structural Engineer $160.00 Mechanical/Electrical Engineer $145.00 Project Manager $145.00 M/E/P/S Designer $ 96.00 CAD Designer $ 80.00 Technical Typist $ 59.00 2. Automobile Expenses: Mileage at 0.51 Cents Per Mile for 2011, and as allowed by IRS thereafter. Automobile Rental, Toll Fees, Parking Fees, and Air Fare at Cost. 3. Per Diem Expenses at Cost. 4. Printing and Reproductions at Cost Plus 15%. 5. Subconsultant services at Cost Plus 15%. 6. Special Instrumentation, Outside Tests and Reports at Cost Plus 15%. 7. Terms of Payment -- Net 30 Days; Interest Rate = 1-'A%. Effective January 1, 2011 to December 30, 2011 9466 BLACK MOUNTAIN ROAD, SUrrE 230, SAN DIEGO, CA 92126 ❑ (949) 756.8654 0 FAx (858) 653-4774 SANTA ANA 0 SAN DIEGO 0 SAN JOSE 0 LOS ANGELES WWW.DAHLTAYLOR.COM E-C@DAHLTAYLOR.COM MARCIE HARRIS LANDSCAPE ARCHITECTURE 3775 Hawk Street San Diego, California, 92103 P 619.688.0637 F 619.342.4022 April 14, 2011 Current hourly rates for Marcie Harris Landscape Architecture are as follows: Principal $125 Landscape Designer $80 Drafts Person $75 Administrator $55 CVALDO CORPORATION CIVIL ENGINEERING CVALDO CORPORATION HOURLY RATE SCHEDULE (January 1 through December 31, 2011) ENGINEERING SERVICES Principal / Project Manager $165.00 Senior Engineer $154.00 Associate Engineer $141.00 Project Engineer $128.00 Junior Project Engineer $107.00 Engineering Designer $98.00 CAD Technician / Drafter $81.00 Administrative $58.00 Engineering Technician $49.00 FORENSIC ENGINEERING Deposition $330.00 Court Appearance per Half Day or Part $1,320.00 Principal / Project Manager Coordination $165.00 EXPENSES Plotting and Reproduction Other Expenses: including Sub -Consultants and Purchased Services through Subcontracts 1.15 x Cost 1.15 x Cost 4901 Morena Boulevard, Suite 1110, San Diego, CA 92117 (p) 858-866-0128 (f) 858-866-0131 GGSSI Structural Engineers RATE SCHEDULE Effective 1/1/2010 Principal $160/Hr Principal Associate $130/Hr Sr. Structural Engineer $130/Hr Project Manager $115/Hr Sr. Engineer $115/Hr Engineer $105/Hr Sr. Designer $100/Hr Designer $ 95/Hr Sr. Technician $ 85/Hr Technician $ 75/Hr Clerical $ 50/Hr 3969 First Avenue, Suite 200, San Diego, California 92103 Tel: (619) 687-3810 Fax: (619) 687-3814 CAMPBELL-ANDERSON & ASSOCIATES, INC. Cost Management ■ Project Management All additional services requested shall be billed in accordance with the following rates: Principal -In -Charge Senior Cost Manager Clerical Expenses $150.00 per hour $125.00 per hour $50.00 per hour Reimbursed at cost +10%. 9404 Genesee Avenue, Suite 300 La Jolla, California 92037 (858) 455-8086 ■ FAX (858) 597-6015 E-Mail: caasd@campbellanderson.com SA F D I E R A B I N E S ARCHITECTS 925 Fort Stockton Drive. San Diego. California 92103-1726 p. 619.297.6153 t 619.299.6072 www.safdierabines.com TRANSMITTAL Date: 4/18/2011 To: Patricia Beard, Redevelopment Manager, City of National City From: Susan Richards Re: Signed Proposed Contract and National City Business License Via: USPS • For Your: ® Approval • The Following: ❑ Drawings ❑ Specifications City ❑ Use ❑ Info ❑ Shop Drawings ❑ Literature ❑ Record ❑ Review ❑ Change Order ® Other: Signed Proposed Contract and National Business License Description/Remarks: Hello Patricia, Here are the signed contract pages and a copy of our National City Business License. Regards, Susan Transmitted by: Copies to: /It Page 1 of: kp RECEIVED APR 1 9 2011 Community Development Commission CITY OF NATIONAL CITY BUSINESS LICENSE APPLICATION 1243 NATIONAL CITY BLVD, NATIONAL CITY, CA 91950 PLEASE TYPE OR PRINT. LICENSE WILL NOT BE ISSUED IF REQUIRED INFORMATION IS INCOMPLETE. ENCLOSE PAYMENT WITH APPLICATION. MAKE CHECKS PAYABLE TO THE CITY OF NATIONAL CITY. A. GENERAL INFORMATION BUSINESS NAME (D.B.A. OR INDIVIDUAL NAME) Safdie Rabines Architects LOCAL BUSINESS PHONE 619-297-6153 CORPORATE NAME (IF DIFFERENT FROM D.B.A.) LOCATION IN NATIONAL CITY NUMBERDIR one STREET NAME ROOM/SUITE NO. MAILING ADDRESS AND/OR P.O. BOX NU�18ER ��JJttSS DIR STREET NAME Fort Stockton Drive ROOM/SURE NO. P.O. BOX NO. CITY San Diego STATE (A ZIP CODE 92103 PHONE NUMBER AT MAILING ADDRESS. INCLUDE AREA CODE (619) 297-6153 CASHIER'S COPY B. TRANSACTION TYPE — CHECK AND COMPLETE IF APPLICABLE BUS# LIC# ALL LICENSES EXPIRE DECEMBER 31 RENEWALS ARE DUE BY FEBRUARY 28 City of National City BUSINESS LICENSE DIVISION (619) 336-4330 TAXES $ MISC $ PENALTY $ TOTAL $ 0 NEW BUSINESS IN NATIONAL CITY: BUSINESS WILL OPEN/OPENED ON: 0 OWNERSHIP CHANGE: PREVIOUS BUSINESS NAME: C. DESCRIPTION OF BUSINESS CHECK ONE: A. 0 WHOLESALE B. D RETAIL C. pISERVICE D. 0 RENTAL UNITS, # OF UNITS E. ❑ MANUFACTURING F. 0 CONTRACTOR STATE LICENSE #/ HEALTH PERMIT/ ABC #/ DRIVERS LIC. # Architectural License #24394 STATE RESALE # FEDERAL ID #/ SOCIAL SEC. 68-0493520 DESCRIBE BUSINESS FULLY - INCLUDE PRINQPAL PRODUCT OR SERVICE We are an architectural firm working on a project with the City of National City_ NUMBER OF BUSINESS VEHICLES OPERATING IN NATIONAL CITY WITH YOUR COMPANY ADVERTISING (LOGO) ON THEM -U ION CHECK ONE: 1. ❑ SINGLE PROPRIETORSHIP 2. 0 PARTNERSHIP C. IX CORPORATION UST OWNER/PARTNERS/CORPORATE OFFICERS IfisTMines FIRST Josef Mk TITLE CEO HOMFf 19-2 9-8486 HOMER/UESS t-aIcon Street San uiego, TE Hi ODE a leE aaiE t- LC FO, Secretary H619- OoNN 299-8486 HOME 1 (U i-SICAn Street Sanuiego, TA' 72H1ViE E. EMERGENCY INFORMATION UST IN ORDER OF PRIORITY AND PROXIMITY TO BUSINESS THE PERSON TO BE CONTACTED AT NIGHT IN CASE OF BREAK IN OR FIRE NAMEJose Ricardo Rabines 1. T1O TELF6P{I�NLF9.1-6153 Taal R. Safdie z. CFO 619-297-6153 DO YOU HAVE A BURGLAR ALARM? 1. 0 NO 2. 0 YES: IF YES 3. 0 SILENT 4. 0 AUDIBLE NAME OF ALARM COMPANY PHONE # F. EMPLOYEE INFORMATION IPLEASE INDICATE THE NUMBER OF EMPLOYEES EMPLOYED BY YOUR BUSINESS: 25 OFFICE USE ONLY DECALS V G B/C - H/0 PEND AUDITED BY ON FILE: B/C - H/0 N/A /C - H/O PEND P L A L - A A/P C C-A/P DATE ENTERED BY DATE H/O PD B/L SENT INT DATE CITY OF NATIONAL CITY Finance Department 619 336-4330 National City 37 / 26722 04/18/2011 08:35:44.000 Reg WXP-CASHO2 Validation Receipt CHARGES- 001-00000-3040 BL safdie rabines arc$ 65.00 Sub -total $*********65.00 PAYMENT - Check - 1499 $ 65.00 safdie rabines architects Change $**********0.00 THANK YOU! Business Hours: 7:00 - 6:00 Monday Through Thursday Closed on Fridays Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 The City of National City ATTN: Ginny Orcutt City Attorney's Office 1243National City Blvd. National City, CA, 91950-4301 Apr 13, 2011 Re: Safdie Rabines Architects INSURANCE BROKERS License No. OA99520 Phone 619-234-6848 Fax 619-234-8601 Web Site www.cavianac.com Enclosed is a certificate of insurance, as requested. If you have questions or require changes, please contact our office via email (certificates@cavignac.com) or fax (619-234-1239). Please include a copy of the certificate with your request or reference ID number 142587. In Sept. 2009, ACORD revised the certificate form and using an older version would violate ACORD's licensing agreement. One of the major changes was the removal of the cancellation notice provision. For the following reasons, we are unable to modify the current form: • Notice of cancellation is a policy right, not an unregulated service. No insurer is able to provide the desired cancellation notice by endorsement. For example, the insured can cancel immediately, so it would be impossible for the insurer to provide adequate notice. • If our agency was to issue a certificate with a modified cancellation notice, we would do so with the knowledge that it would be impossible to give that amount of notice under certain circumstances. As such, the certificate could be alleged to constitute a misrepresentation or fraud which could subject our agency to serious civil and criminal penalties. We appreciate your understanding of the legal restrictions on our ability to comply with requests for an older form or modifications of the cancellation language. cc: Martha Garcia (martha@safdierabines.com) Safdie Rabines Architects - Certificate of Insurance Page 1 of 5 ACOIR '® CERTIFICATE OF LIABILITY INSURANCE ATE (MM/DII/YYTY) 4/13/20 1.1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. 0A99520 CONTNAME: ACT Certificate Department IaC No.Extl.619-234-6848 (A/C,No).619-234-8601 E-MAIL ADDRESS. cert if icates®cavignac.con PRODUCER CUSTOMER ID #- SAFDI -1 INSURER(S) AFFORDING COVERAGE NAIC # INSURED Safdie Rabines Architects 925 Fort Stockton Dr. San Diego, CA 92103 United States INSURER A:TRAVFT,FRS PROP CAF GO QF P.MFR 2SG74 INSURER a: ARGONAUT INS CO 19801 INSURER C: INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 142587 REVISION NUMB THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POUCY EXP INSR, WVD POLICY NUMBER (MM/DD/YYYY) )MMIDD/YYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR X 68020401,643 6/1/2010 6/1/2011 EACH OCCURRENCE $ 1,000,000 X DAMAGE o u PREMISES ((S Ea NTED ce) $ 1,000, 000 CLAIMS -MADE X MEDEXP (Any one person) $ 10,000 X Contractual Liability PERSONAL BADV INJURY $ 1,000,000 X GEN'L —I Separation of Insureds GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT POLICY JECT APPLIES�PER: PRODUCTS - COMP/OP AGG $ 2, 000, 000 I (1 LOC $ A AUTOMOBILE LIABILITY ANY AUTO A BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ D DEDUCTIBLE RETENTION $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y / N N/ A X UB6445Y227 6/1/2010 6/1/2011 X ORYIIMT S OTI. TORY I IMITFR EL. EACH ACCIDENT $ 1, 000, 000 I I EL DISEASE - EA EMPLOYEE S 1,000,000 below E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 B Professional Liability IAE1047001 6/1/2010 6/1/2011 Ea Claim & Aggreg $2,000,000 DESCRIPTION OF OPERATIONS' LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more spa. is required) Additional Insured coverage applies to General and Automobile Liability for The City of National City, its elected officials, officers, agents and employees per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Prof. Liab. - Claims made, defense costs included within limit. CERTIFICATE HOLDER CANCELLATION The City of National City City Attorney's Office 1243National City Blvd. National City, CA 91950-4301 United States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE Jeffrey J. Steen 41Hda' ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXIGIS - CAVIGNAC & ASSOCIATES 142587 Page 2 of 5 COMMERCIAL AUTO Policy No. BA3131L065 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or Iiirnited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 1I — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. Br ANKETADDrrIONALn SURER The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and R CA T3 53 06 09 H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 1I — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. ® 2009 The Travelers Companies, Inc. Page 1 of 4 Includes the copyrighted material of Insurance Services Office. Inc. with its permission. Page 3 of 5 POLICY NUMBER: 6B02040L643 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section 1I): Any person or organization that you agree in a "contract or agreement requiring insurance to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to the additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section I11) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is CG D3 81 09 07 available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (t) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal 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 under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" 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. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Page 4 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: UB6445Y227 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (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. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the Califomia workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Page 5 of 5 Denise Davis From: tinny Miller Sent: Tuesday, April 19, 2011 7:42 AM To: Denise Davis Subject: RE: Certificate of Insurance for The City of National City Looks good. Thanks! Ginny Miller Executive Assistant to the City Attorney City of National City 1243 National City Blvd National City, CA 91950-4301 Ph: 619/336-4220 Fx: 619/336-4327 The City of National City is open Monday through Thursdays, 7:00 am to 6:00 pm; Offices are closed on Friday This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message immediately. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited. Thank you. Original Message From: Denise Davis Sent: Monday, April 18, 2011 10:30 AM To: Ginny Miller Subject: FW: Certificate of Insurance for The City of National City Ginny, Can you please take a look at the attached insurance and see if it meets the requirements for National City? It is for the artist for the Aquatic Center Project. The agreement has already been reviewed by Claudia. Thanks, Denise Original Message From: Patricia Beard Sent: Monday, April 18, 2011 10:24 AM To: Denise Davis Subject: FW: Certificate of Insurance for The City of National City Hi Denise - Can you please see if this insurance is okay for SRA? Thank you, P Original Message From: Martha Garcia[mailto:martha@safdierabines.com] 1 Sent: Friday, April 15, 2011 6:55 AM To: Patricia Beard Cc: Susan Richard; Taal Safdie Subject: Certificate of Insurance for The City of National City Good morning Pat, Attached please find the insurance certificate that was issued and mailed to the City on Tuesday, 04/13/2011. I will be applying for the Business License for the business license later this morning. Thank you. Martha E. Garcia Bookkeeper SAFDIE RABINES ARCHITECTS 925 Fort Stockton Drive, San Diego, California 92103 p.619.297.6153 f.619.299.6072 www.safdierabines.com 2 Docket Number: 2C /- REQUEST FOR LEGAL SERVICES Date: 4/26/2011 From: Denise Davis, Executive Secretary Subject: Safdie RabinesAgreement - Signatures Deadline: 4/26/2011 r.� SERVICE REQUESTED: ❑ Opinion Letter ❑ Prepare Resolution or Ordinance for Council Agenda ❑ Review and Approve Documents ❑ Attend Meeting ❑ Prepare Documents ❑ Initiate Legal Proceedings — Civil ❑ File Criminal Complaint ❑ Schedule Consultation 68V ® Other: Signatures Please EXPLANATION: Hi Claudia, Please sign and forward to Chris for his signature. Thank you. Denise Denise Davis From: Ginny Miller Sent: Tuesday, April 19, 2011 7:42 AM To: Denise Davis Subject: RE: Certificate of Insurance for The City of National City Looks good. Thanks! Ginny Miller Executive Assistant to the City Attorney City of National City 1243 National City Blvd National City, CA 91950-4301 Ph: 619/336-4220 Fx: 619/336-4327 The City of National City is open Monday through Thursdays, 7:00 am to 6:00 pm; Offices are closed on Friday This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message immediately. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited. Thank you. Original Message From: Denise Davis Sent: Monday, April 18, 2011 10:30 AM To: Ginny Miller Subject: FW: Certificate of Insurance for The City of National City Ginny, Can you please take a look at the attached insurance and see if it meets the requirements for National City? It is for the artist for the Aquatic Center Project. The agreement has already been reviewed by Claudia. Thanks, Denise Original Message From: Patricia Beard Sent: Monday, April 18, 2011 10:24 AM To: Denise Davis Subject: FW: Certificate of Insurance for The City of National City Hi Denise - Can you please see if this insurance is okay for SRA? Thank you, P Original Message From: Martha Garcia[mailto:martha@safdierabines.com] 1 Sent: Friday, April 15, 2011 6:55 AM To: Patricia Beard Cc: Susan Richard; Taal Safdie Subject: Certificate of Insurance for The City of National City Good morning Pat, Attached please find the insurance certificate that was issued and mailed to the City on Tuesday, 04/13/2011. I will be applying for the Business License for the business license later this morning. Thank you. Martha E. Garcia Bookkeeper SAFDIE RABINES ARCHITECTS 925 Fort Stockton Drive, San Diego, California 92103 p.619.297.6153 f.619.299.6072 www.safdierabines.com 2 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax May 2, 2011 Mr. Ricardo Rabines Safdie Rabines Architects 925 Fort Stockton Drive San Diego, CA 92103 Dear Mr. Rabines, On May 15t, 2011, an Agreement was entered between the Community Development Commission of the City of National City and Safdie Rabines Architects. We are enclosing for your records a fully executed original Agreement. Sincerely, Esther Clemente Deputy City Clerk Enclosure