HomeMy WebLinkAbout2011 CON CDC Safdie Rabines - National City Aquatic Center - 1NOTE TO FILE
09-28-11
IN THE MATTER OF: Resolution of the City Council authorizing the
Mayor to execute an Agreement by and between the CDC of the
City of National City and Safdie Rabines Architects for the not to
exceed amount of $291,777 to provide Architectural Services to
design the National City Aquatic center to be located in Pepper
Park. Please note the following:
RESCINDED BY RESOLUTION NO. 2011-213
Adopted on September 27, 2011
ORIGINATING DEPARTMENT: X CDC _ Housing & Grants
_ City Attorney _ Human Resources
_ City Manager _ MIS
Community Svcs. _ Planning
Engineering _ Police
Finance Public Works
Fire
Note: The fully executed original Agreement is filed with Resolution No. 2011-213 under file
#C2011-23
NTF
RESOLUTION NO. 2011 — 199
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AND SAFDIE RABINES ARCHITECTS
FOR THE NOT TO EXCEED AMOUNT OF $291,777 TO PROVIDE
ARCHITECTURAL SERVICES TO DESIGN THE NATIONAL CITY
AQUATIC CENTER TO BE LOCATED IN PEPPER PARK
WHEREAS, as the result of a competitive request for proposals process, on July
12, 2005, the Community Development Commission of the City of National City ("CDC") and
Safdie Rabines Architects entered into an Agreement (the "Agreement") for architectural
services to design the National City Aquatic Center to be located in Pepper Park; and
WHEREAS, on February 28, 2011, the CDC issued $39,660,000 in Tax Allocation
Bonds, in part to fund construction of the Aquatic Center, which requires the project to be
complete within three years of the issuance date; and
WHEREAS, the Coastal Development Permit for the project was issued by the
Port of San Diego on August 2, 2011, requiring construction to occur within two years; and
WHEREAS, the building permit for the project was issued on August 17, 2011,
and requires that construction be underway within six months; and
WHEREAS, the due to the Bond Issuance and permits issued, the project is an
enforceable obligation of the CDC as defined by the State of California; and
WHEREAS, the Agreement includes public art to be installed by Lisa Schirmer,
an artist selected in a competitive request for proposals process, which has been approved by
the National City Public Art Committee and the Port of San Diego, and
WHEREAS, the cost and scope of the services within the Agreement have been
determined to be reasonable against the California Multi -Agency CIP Benchmarking Study,
2010.
WHEREAS, pursuant to and consistent with the Cooperation Agreement by and
between the City of National City and the Community Development Commission of the City of
National City adopted on February 15, 2011, the City is undertaking development of the Aquatic
Center on behalf of the Community Development Commission; and
WHEREAS, said Cooperation Agreement does not constitute a pledge of the use
of General Funds for the Aquatic Center but rather obligates the use of non -General Funding
such as 2011 Tax Allocation bonds, Tax Increment funding and/or Capital Improvement Funds
provided by the Port of San Diego.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Agreement by and between the
Community Development Commission of the City of National City and Safdie Rabines Architects
for the not to exceed amount of $291,777 to provide architectural services to design the National
City Aquatic Center to be located in Pepper Park.
--- Signature Page to Follow ---
Resolution No. 2011 — 199
Page Two
PASSED and ADOPTED this 6th day of September, 2011.
ATTEST:
Michael R. Dall City Clerk
A"ROVED AS TO FORM:
Iva
City Attor
n Morrison. Ma
yor
Morrison, Mayor
Rescinded by Resolution No. 2011-213
Adopted on September 27, 2011
Passed and adopted by the Council of the City of National City, California, on
September 6, 2011 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City Clerk of the City o
National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2011-199 of the City of National City, California, passed and
adopted by the Council of said City on September 6, 2011.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
CITY COUNCIL AGENDA STATEMENT
MEETING DATE: September 6, 2011
AGENDA ITEM NO30
ITEM TITLE:
A resolution of the City Council of the City of National City approving an Agreement by and between
the City Council of the City of National City and Safdie Rabines Architects not to exceed $291,777 for
architectural services related to the ational City Aquatic Center. (2011 Tax Allocation Bonds)
PREPARED BY: Patricia Beard ciDEPARTMENT: Redevel• nUSpecial Projects
PHONE: 4255 APPROVED BY:
EXPLANATION:
After a competitive Request for Proposals in 2005, the CDC selected Safdie Rabines Architects ("SRA")
to design the National City Aquatic Center. Bonds were issued in February, 2011, in part, to finance
construction of the Aquatic Center in Pepper Park and require construction to be complete by February,
2014. The Coastal Development Permit issued by the Port of San Diego for the project requires
construction to occur within two years and the Building Permit issued by the City of National City
requires construction to commence by February, 2012. An analysis of the proposed scope and cost of
the agreement against the California Multi -Agency Benchmarking Study, 2010, found the costs to be
within reason. Approval of the Agreement would allow SRA to complete the construction drawings,
prepare an updated storm water plan required by the Port of San Diego, prepare the bid specifications,
coordinate the final design and installation of Public Art by Lisa Schirmer and oversee the project to
completion. It is staff's intention to bid the project prior to calendar year end and to complete
construction by or before the winter of 2014. This Agreement with the City of National City is consistent
with the Cooperation Agreement between the City and CDC approved on February 15, 2011, which
provided that the City could complete CDC projects, including the Aquatic Center, using redevelopment
funding.
FINANCIAL STATEMENT: ACCOUNT NO.
APPROVED: Finance
524-409-500-598-3816. The proposed Agreement is for not to exceed $291,777. The current
construction estimate for the Aquatic Center is $3.01 million, plus soft costs, public art, and staff time
charges of $947,720. The Port of San Diego is considering approval of $830,000 matching funds to
be applied to the project. The Agreement stipulates that no pledge of General Funds is being made.
ENVIRONMENTAL REVIEW: The Mitigated Negative Declaration under the California Environmental
Quality Act — UPD # 83356-MND-665 was filed by the Clerk of the Port of San Diego on October 11,
2006.
ORDINANCE: INTRODUCTION: j FINAL ADOPTION:
STAFF RECOMMENDATION: Adopt the resolution.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. Proposed Agreement
2. Architectural rendering — National City Aquatic Center
3. Public art rendering — National City Aquatic Center
RESOLUTION NO. 2011 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AND SAFDIE RABINES ARCHITECTS
FOR THE NOT TO EXCEED AMOUNT OF $291,777 TO PROVIDE
ARCHITECTURAL SERVICES TO DESIGN THE NATIONAL CITY
AQUATIC CENTER TO BE LOCATED IN PEPPER PARK
WHEREAS, as the result of a competitive request for proposals process, on July
12, 2005, the Community Development Commission of the City of National City ("CDC") and
Safdie Rabines Architects entered into an Agreement (the "Agreement") for architectural
services to design the National City Aquatic Center to be located in Pepper Park; and
WHEREAS, on February 28, 2011, the CDC issued $39,660,000 in Tax Allocation
Bonds, in part to fund construction of the Aquatic Center, which requires the project to be
complete within three years of the issuance date; and
WHEREAS, the Coastal Development Permit for the project was issued by the
Port of San Diego on August 2, 2011, requiring construction to occur within two years; and
WHEREAS, the building permit for the project was issued on August 17, 2011,
and requires that construction be underway within six months; and
WHEREAS, the due to the Bond Issuance and permits issued, the project is an
enforceable obligation of the CDC as defined by the State of California; and
WHEREAS, the Agreement includes public art to be installed by Lisa Schirmer,
an artist selected in a competitive request for proposals process, which has been approved by
the National City Public Art Committee and the Port of San Diego, and
WHEREAS, the cost and scope of the services within the Agreement have been
determined to be reasonable against the California Multi -Agency CIP Benchmarking Study,
2010.
WHEREAS, pursuant to and consistent with the Cooperation Agreement by and
between the City of National City and the Community Development Commission of the City of
National City adopted on February 15, 2011, the City is undertaking development of the Aquatic
Center on behalf of the Community Development Commission; and
WHEREAS, said Cooperation Agreement does not constitute a pledge of the use
of General Funds for the Aquatic Center but rather obligates the use of non -General Funding
such as 2011 Tax Allocation bonds, Tax Increment funding and/or Capital Improvement Funds
provided by the Port of San Diego.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Agreement by and between the
Community Development Commission of the City of National City and Safdie Rabines Architects
for the not to exceed amount of $291,777 to provide architectural services to design the National
City Aquatic Center to be located in Pepper Park.
--- Signature Page to Follow ---
Resolution No. 2011 —
Page Two
PASSED and ADOPTED this 6th day of September, 2011.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
ATTACHMENT 1
AGREEMENT
BY AND BETWEEN
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
AND
SAFDIE RABINES ARCHITECTS
THIS AGREEMENT is entered into this 6th day of September, 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
and project oversight services for final design and construction of 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.
WHEREAS, pursuant to and consistent with the Cooperation Agreement by and
between the City of National City and the Community Development Commission of the City of
National City adopted on February 15, 2011, the City is undertaking development of the Aquatic
Center on behalf of the Community Development Commission; and
WHEREAS, said Cooperation Agreement does not constitute a pledge of the use
of General Funds for the Aquatic Center but rather obligates the use of non -General Funding
such as 2011 Tax Allocation bonds, Tax Increment funding and/or Capital Improvement Funds
provided by the Port of San Diego.
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 $291,177 (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.
CONSULTANT acknowledges and accepts that CITY is undertaking the Aquatic
Center project pursuant to its obligations set forth in the Cooperation Agreement by and
between the City of National City and the Community Development Commission of the City of
National City, and that CITY is not committing its general funds to payment for these services,
but rather the 2011 Tax Allocation Bond proceeds, tax increment funds, and/or funds provided
by the Port of San Diego will be used for such payments.
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
2
CDC's Standard Agreement — June 2008 revision
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 June 30, 2013.
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.
Any modification or reuse by the CDC of documents, drawings or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 15
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.
3
CDC's Standard Agreement — June 2008 revision
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, si-.7.!! .,Arfnrm 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
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
4
CDC's Standard Agreement — June 2008 revision
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 14, 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.
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, Toss,
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.
5
CDC's Standard Agreement —June 2008 revision
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.
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.
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CDC's Standard Agreement — June 2008 revision
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
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 7.
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
7
CDC's Standard Agreement —June 2008 revision
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:
Chris Zapata
City Manager
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
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.
8
CDC's Standard Agreement — June 2008 revision
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.
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.
9
CDC's Standard Agreement — June 2008 revision
CITY OF NATIONAL CITY
By:
Ron Morrison
Mayor
APPROVED AS TO FORM:
SAFDIE RABINES ARCHITECTS
(Corporation - two signatures)
By:
ofD -tZa_(,; es
(Print)
r; PC
(Title)
By:
Claudia Gacitua Silva (Name)
CDC General Counsel
I ate-(
(Print)
(Title)
10
CDC'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
July 28, 2011
Hi Pat,
925 Fort Stockton Drive, San Diego, California 92103-1726
619.297.6153 Fax 619.299.6072 www.safdierabines.com
Below are the services and fees associated with Construction Documents, Bid Support and Construction
Administration Services.
A. Construction Documents
1. Total Time and Materials Estimated Fee: $192,905.00
2. Services:
a. Architectural Services:
i. Fee: $126,650.00
ii. Construction Documents: $112,930
• Sr. Principal 9 hrs x $250 = $2,250
• Project Manager 308 hrs x $170 - $52,360
• Designer 3 432 hrs x $135 = $58,320
iii. Incorporate EsGil comments into the Drawings
iv. Coordinate with design team to finalize the construction documents.
v. Incorporate any re -check comments into the drawings
vi. Coordinate and incorporate any outstanding utility issues
vii. Provide CSI format specifications
viii. Drawings and Specifications for Artist portion of work: $8,620
• Sr. Principal 2 hrs x $250.00 = $500.00
• Project Manager 16 hrs x $170 = $2,720
• Designer 3 40 hrs x $135.00 = $5,400
ix. Provide specifications and incorporate artist's portion of work into the
construction drawings for architectural coordination only.
x. Security consultant coordination: $5,100
• Sr. Principal 2 hrs x $250.00 = $500.00
• Project Manager 8 hrs x $170 = $1,360
• Designer 3 24 hrs x $135.00 = $3,240
xi. Coordinate with security consultant & electrical engineer
xii. incorporate camera locations into architectural drawings
b. MEP Services:
i. Fee: $9,240.00
ii. Construction Documents: $6,834.00
• PM/PE 18 hrs x $145 = $2610
• Elect. S. Designer 20 hrs x $96 = $1920
• Mech. S. Designer 24 hrs x $96 = $2304
iii. Incorporate EsGil plan check comments dated October 08, 2008
iv. Complete coordination for the project (one coordination meeting)
v. Provide new electrical power design for communications and security systems.
Design of communications and security systems by others.
vi. Complete construction document/bid drawings in AutoCAD 2010 format
vii. Complete CSI format specifications (book form) Division 15 and 16
viii. Incorporate new plan check comments after re -submittal
ix. Security Consultant Coordination: $2,406.00
• PM/PE 6 hrs x $145 = $870
• Elect. S. Designer 16 hrs x $96 = $1536
x. Coordinate with security consultant. Add conduit as required in drawings.
c. Landscape Services:
i. Fee: $1,905.00
• 5 hours x $125 = $625
• 16 hours x $80 = $1,280
ii. Preliminary team coordination and attendance at 1 team meetings
iii. Revision allowance to incorporate design changes and base update.
iv. Submit planting and irrigation construction documents for building permit.
Incorporate plan check comments.
v. Complete CSI format specifications for planting and irrigation.
vi. Project management: email and phone calls.
e. Structural Services:
i. Fee: $22,280
ii. Construction Documents:
• SE 85 hours x $130 = $11,050
• Drafting 90 hours x $75 = $6,750
iii. Creation of final construction documents, including incorporation of all plan
review comments, final coordination with architectural and consultants drawings,
completion of original project specifications.
iv. Coordination for Artist portion of work:
• SE
• Drafting
16 hours x $130 = $2,080
32 hours x $75 = $2,400
v. Coordination with Artist's structural engineer and incorporation of required items
into drawings.
f. Civil Services:
i. Fee: $15,000.00
• 40 hours x $165= $6,600
• SWPPP= $5,000
• USMP= $3,400
ii. Prepare grading plan based on site plan provided by client or client's agent. Plan
shall be prepared for approval in accordance with the City of National City
standards. Prepare grading plan at 20-scale showing grading and drainage
around the buildings, pavement, curbs, retaining walls if any, hardscape, and
walkways. This will not be prepared on the City's titleblock. We understand that a
grading permit will not be required.
iii. Prepare earthwork calculations, according to City of National City methodology.
iv. Prepare erosion control plan to accompany site grading plan.
v. Prepare Specifications to accompany grading plans.
vi. Prepare SWPPP and USMP documents
vii. Attend meetings and coordinate with client and client's agent and consultants, an
allocation of five (5) meetings have been assumed for this task.
9-
Artist Services:
i. Fee: $11,870.00
• Canopy Design = $5,100
• Tile Design = $3,900
• Drawings & Models = $1,000
• Structural Engineer Fee = $1,870
h. Security Services: $4,960.00 fixed fee
i. Commit a day to project site walk, interaction with architect and key project
personnel, and initial CD -level drawing review/redlining for locating physical
security devices.
ii. Develop a generic physical security video system design suitable for public -
sector bidding.
iii. Complete the drawing redline process and deliver such (including key device
detail and references) to design team for inclusion on CAD drawings to be
completed by design team.
iv. Develop a video surveillance system technical specification in Division 28 format
suitable for public sector bidding.
v. Participate in up to two man hours of project related con calls during this project
phase (including associated/required. prep and follow-up work).
vi. Review of design team -developed CAD drawings of video surveillance system
prior to bid publication.
Cost Estimate Services:
i. Fee: $1,000.00 fixed fee
ii. Final Construction Document Cost Review to determine any differences after
completion of Construction Documents.
B. Bid Support
1. Total Time and Materials Estimated Fee: $8,226.00
2. Services:
a. Architectural Services:
i. Fee: $2,980.00
• Project Manager 8 hours x $170
• Designer 3 12 hours x $135
ii. Attend pre -bid meeting
iii. Respond to bid RFIs
b. MEP Services:
i. Fee: $1,131.00
• PM/PE 2.5 hrs x $145 = $363
• Elect. S. Designer 4 hrs x $96 = $384
• Mech. S. Designer 4 hrs x $96 = $384
ii. Respond to pre -bid Request for Information (RFIs)
iii. Participate in pre bid meeting and prepare addenda as required.
iv. Provide bid review comments and recommendations.
c. Landscape Services:
i. Fee: $240.00
• 3 hours x $80 = $240
ii. Bidding assistance, answering questions and clarifying the Construction
Documents during the Bidding Period.
d. Structural Services:
i. Fee: $1,040.00
• 8 hours x $130
ii. Participate in pre bid meeting and prepare addenda as required.
iii. Bidding assistance
e. Civil Services:
i. Fee: $2,475.00
• 15 hours x $165
ii. Participate in pre bid meeting and prepare addenda as required.
iii. Bidding assistance
f. Artist Services:
i. Artist Fee: $160
• 2 hours x $80
ii. Structural Engineer Fee: $200
• 2 hours x $100
C. Construction Administration
1. Total Time and Materials Estimated Fee: $83,757.00
a. Based on a construction time of one year (52 weeks).
2. Services:
a. Architectural Services:
i. Fee: $52,580.00
• Sr. Principal 20 hours x $250
• Project Manager 156 hours x $170
• Designer 3 156 hours x $135
ii. Attend pre -construction meeting
iii. Review and respond to RFIs and submittals
iv. Attend weekly construction meetings
b. MEP Services:
i. Fee: $3,392.00
- PM/PE 7.5 hrs x $145 = $1088
• Elect. S. Designer 12 hrs x $96 = $1152
• Mech. S. Designer 12 hrs x $96 = $1152
ii. Respond to pre -bid Request for Information (RFIs)
iii. Participate in pre bid meeting and prepare addenda as required.
iv. Provide bid review comments and recommendations.
v. Participate in preconstruction meeting.
vi. Review submittals and shop drawings
vii. Respond to Request for Information (RFIs)
viii. Conduct two (2) construction progress meetings.
ix. Conduct final punch list inspection.
c. Landscape Services:
i. Fee: $5,325.00
• 33 hours x $125 = $4,125
• 15 hours x $80 = $1,200
ii. Planting and irrigation submittal review
iii. Observation reports (1 for each observation visit listed below). Notification: while
observing construction at the site, Consultant will keep the Client informed of the
progress of construction through written Site Observation Notes. Consultant may
recommend to the Client the rejection of work failing to conform to the
Construction Drawings and Specifications. Consultant will advise and assist the
Client with change order issues only upon Client's request.
g.
Consultant will make visits to the site, as stipulated below to familiarize ourselves
with the progress and quality of construction of the work within the Consultant's
scope -of -work and to determine in general if the construction is proceeding in
general accordance with the design intent and construction documents.
• Planting up to 3 site observation reviews including:
- Soil preparation and fine grading
- Tree layout / installation
- Shrub, succulent and ground cover installation
• Irrigation up to 3 site observation reviews
Pressure test of irrigation main line and mainline layout
Drip line layout
- Coverage test of irrigation system
iv. Substantial completion punch list and punch list completion for hardscape,
planting and irrigation (prior to plant maintenance period). Allow 2 visits.
v. Project management: email and phone calls.
d. Structural Services:
i. Fee: $2,340.00
• 18 hours x $130
ii. Participate in preconstruction meeting.
iii. Attend up to two (2) construction related meetings
iv. Submittal review, RFI response, and other construction administration services
e. Civil Services:
i. Fee: $6,600
• 40 hours x $165
ii. Participate in preconstruction meeting.
iii. Attend up to two (2) construction related meetings
iv. Submittal review, RFI response, and other construction administration services.
f. Artist Services:
i. Fee: $11,030
ii. Artist Fee: $8,030
• Canopy - Graphic Designs of Interior, file creation for final print format =
$3,000
• Canopy Template Pattern Creation and Print = $550
• Tile Design Layout with instruction for water -jet cut pieces = $3,000
• Canopy and Tile - Inspections -fabrication and installation = $1,000
iii. Participate in preconstruction meeting and attend construction related meetings.
Total of 6 hours.
iv. Structural Engineer Fee: $3,000
Security Services:
i. Fee: $2,490
ii. Assist design team in responding to video surveillance system RFI's.
iii. Review up to three (3) bid submittals, providing written rating comparison
spreadsheet based on client -provided weighting/rating evaluation criteria. In the
absence of client -provided evaluation/decision criteria, PlanNet will provide a
spreadsheet comparing bid systems to one another and against current industry
standards and directions.
D. Special Irrigation Services
a. Special Irrigation Services (if required): AB 1881 Irrigation Requirements, AB 1881
Planting Requirements, AB 1881 Certificate of Completion and one additional site visit.
i. Fee: $1,210.00
• 2 hours x $125 = $250
- 12 hours x $80 = $960
ii. Note this does not include: AB1881 irrigation schedule and water audit.
E. Security Services for the YMCA
a. Provide services including coordination, meetings and documentation of security items if
required by the YMCA.
i. Fee: $5,680.00
• 32 hours x $135 = $4,320
• 8 hours x $170 = $1,360
F. Reimbursables
1. Total Estimated Fee: $7,500
a. Architectural: $3,000
i. Includes mileage at current IRS rate and expenses at cost plus 15%
ii. Includes printing, postage, and other expenses
b. MEP: $1,000
c. Landscape: $1,000
d. Structural: $1,000
e. Civil: $1,500
Exclusions and Provisions
1. The following items are not part of the scope of services and shall be billed as additional services
if the services are required:
a. 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 or any other similar item
other than those specifically included in the proposal will need to be provided.
b. The scope and fee proposal is based on the understanding that the materials and
systems previously designed for the project are still available and applicable for the
project. Any revisions to the materials and/op systems will be billed on an hourly basis as
additional services.
c. The scope and fee proposal is based on the understanding that no redesign will be
required due to the added security work Additional fees will be requested for any
redesign resulting from security items.
d. A grading plan/permit and related engineering cost estimate will not be required per
email sent to us from Byron on May 06, 2011.
e. New SWPPP and USMP documents are required by the Port for review and approval.
There are included in the proposal.
f. 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.
h. Preparation of presentation materials, 3D images/renderings and presentations.
Thank you for your consideration of our request and please let us know if there are any questions.
g.
Susan Richard
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619 224-6434