HomeMy WebLinkAbout2004 CON CDC Harris & Associates - As Needed Engineering ServicesAGREEMENT BY AND BETWEEN THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF' NATIONAL CITY AND
HARRIS & ASSOCIATES
THIS AGREEMENT is entered into this Sixteenth (16th) day of November 2004 by and
between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY, (the "CDC"), and HARRIS & ASSOCIATES (the "CONSULTANT").
RECITALS
WIIEREAS, the CDC desires to employ a CONSULTANT to provide Civil
Engineering Services on an as -needed basis.
WHEREAS, the CDC has determined that the CONSULTANT is a provider of
Civil Engineering services 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, TIIEREFORE, 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 CONSULTAN'' 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 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 CONSULTANT
under 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.
ORIGINAL
3. COMPENSATION AND PAYMENT. The total compensation for all
services performed pursuant to this Agreement shall not exceed the sum of FIFTY THOUSAND
DOLLARS ($50,000). Payments to the CONSULTANT for all services will be based on the
hourly rates indicated on Exhibit B and shall not exceed the amount listed above without prior
written approval from the CDC. CONSULTANT acknowledges that CDC is under no obligation
to compensate CONSULTANT for services rendered or expenses accrued under this Agreement
in excess of the total compensation specified above. 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. 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.
4. LENGTH OF AGREEMENT. The term of this agreement shall be for
one year from the date of execution.
5. 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 assigns
to the CDC and 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 he unreasonably withheld. The CONSULTANT shall, upon request of
the CDC, execute any further document(s) necessary to further effectuate this waiver and
disclaimer.
'I'hc 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 CONTRACTOR
expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980
through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CDC of documents, drawings or specifications
prepared by the CONSULTAN'I' shall relieve the CONSULTANT from liability under Section
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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.
6. 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. The CONSULTANT is not an
employee of the CDC and is not entitled to any of the rights, benefits, or privileges of the
CDC's employees, including but not limited to 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. The CONSULTANT
herein may assign neither this Agreement nor any interest 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 subcontractors, as the CONSULTANT may decm
necessary for the proper and efficient performance of this Agreement. All agreements by
CONSULTANT with its subcontractor(s) shall require the subcontractor to adhere to the
applicable terms of this Agreement.
7. CONTROL. Neither the CDC nor its officers, agents or employees
shall have any control over the conduct of the CONSULTANT or any of the CONSUITANT's
employees except as herein set forth, and the expressly agrees not to represent that the
CONSULTANT or the CONSULTANT 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 contractors and that the
CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement.
8. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT,
in the performance of the services to he 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 subcontractors, shall obtain and maintain a current City of National City
business license prior to and during performance of any work within the CDC.
9. 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.
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10. 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 profession currently practicing under similar conditions and in similar
locations. The CDC expects that 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. The CONSULTANT warrants to the CDC that it is not now, nor has it
been for the five (5) years preceding, involved in arbitration or litigation concerning the
CONSULTANT's professional performance or the furnishing of materials or services relating
thereto.
11. NON-DISCRIMINATION PROVISIONS. The CONSULTANT will
not discriminate against any employee or applicant for employment because of age, race,
color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical
handicap, or medical condition. The CONSULTANT will take positive action to insure that
applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual
orientation, marital status, national origin, physical handicap, or medical condition. Such
action shall include but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. The
CONSULTANT agrees to post in conspicuous places available to employees and applicants for
employment any notices provided by the CDC setting forth the provisions of this non-
discrimination clause.
12. 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
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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.
13. INDEMNIFICATION AND HOLD HARMLESS. The
CONSULTANT shall indemnify and save and hold CDC, its directors, officers and
employees harmless form any and all claims or causes of action for death or injury to
person or damage to property resulting from negligent acts errors or omissions of itself
or its employees, and contractors or sub -contactors and all others acting for or on
behalf of CONSULTANT arising out of and during the performance of this Agreement.
14. 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, defend and hold harmless the CDC and its officers, employees and volunteers
from and against all claims, demands, payments, suits, actions, proceedings and judgments of
every nature and description, including attorney's fees and 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 he performed
by the CONSULTANT under this Agreement.
15. INSURANCE. The CONSULTANT, at its sole cost and expense, shall
purchase and maintain, and shall require its subcontractors, when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies:
A. Professional Liability Insurance (errors and omissions) with minimum
limits of $2,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include non -owned
vehicles.
C. Commercial general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' Compensation Insurance covering all of its employees and
volunteers.
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.
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F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CDC and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made" rather
than "occurrence" form, the CONSU .PANT shall maintain such insurance coverage for three
years after expiration of the term (and any extensions) of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with companies that hold a current
policyholder's alphabetic and financial size category rating of not less than B+ VII according
to the current Best's Key Rating Guide, or a company equal financial stability that is approved
by the CDC's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CDC's Risk Manager. If the CONSULTANT does not keep all of such insurance policies
in full force and effect at all times during the terms of this Agreement, the 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.
16. 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, he 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.
17. 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
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the subject matter of the controversy. The expenses of the arbitration shall he borne equally
by the parties to the arbitration, provided that each party shall pay for and hear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses
or any part thereof against a specified party as part of the arbitration award.
18. TERMINATION.
A. This Agreement may be terminated with or without cause by the CDC.
Termination without cause shall be effective only upon 60-day 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 he 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 preach, 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.
19. 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
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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:
'l'o the CDC:
Ben Martinez, Executive Director
Community Development Commission of the City of National City
140 East 12'h Street, Suite B
National City, CA 91950-3312
To the CONSULTANT:
Mr. E. Javier Saunders, P.E.
Harris & Associates
750 B Street, Suite 1800
San Diego, CA 92101
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
other communication sent by cable, telex, telecopy, facsimile or fax must he confu•tned within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
20. 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 corning 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 that the CONSULTANT shall
obtain from the City Clerk.
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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.
21. 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 he 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 he deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties
hereto.
E. Exhibits and Schedules. The 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 he
bound thereby.
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J. Successors and Assigns. This Agreement shall he 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 OF
THE CITY OF NATIONAL CITY
By:
HARRIS & ASSOCIATES
(Two signaures required)
By:
Nick Inzi a,�> 'airman (Name)
2 ('+ C€ %{s; ee4i
(Title)
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
VIP
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Revised 5/99
EXHIBIT A
SCOPE OF WORK
When and as directed by CDC, the firms shall perform consulting services for
redevelopment projects to include, but not be limited to, the following:
1. Provide professional and technical civil engineering consultation and provide
support services to the engineering effort, such as landscape architecture,
traffic engineering, surveying, and plan checking services on an as needed
basis.
2. Provide civil engineering design for CDC Capital Improvement Projects that
are not subject to a separate RFQ by the CDC.
3. Evaluate existing utility systems and plan new utility systems to
accommodate development.
4. Prepare "D" sheets and bid documents including special provisions and
contract specifications.
5. Process engineering drawings and related engineering materials through the
National City Public Works/Engineering Departments and other departments
as appropriate so as to obtain all necessary permits.
6. Assist in the preparation of bid packages for construction projects.
7. Assist in the scheduling and conducting of the bidding process for
construction projects.
8. Attend meetings appropriate to bidding and construction projects as may be
directed by CDC.
9. Prepare legal descriptions, parcel maps, consolidation and street vacation
maps, process maps, and conduct land surveys as necessary.
10. Provide record maps and prepare as -built drawings as may be required, and
process them as necessary to obtain approvals.
11. Provide general drafting as required.
12. Provide landscape and irrigation design services.
13. Provide mechanical, structural, and traffic engineering services as necessary
to design/review construction projects.
14. Provide estimating services for demolition, rehabilitation and construction of
existing and/or new structures.
15. Provided electrical, mechanical, structural, and traffic engineering services
as required.
Hams & Associates
Schedule of Rates
Staff Categories Hourly Rates
Program/Project Management
Executive Project Director
$ 160.00
Senior Project Director
$ 155.00
Program Manager
$ 145.00
Technical Support Coordinator
$ 135.00
Program Support Coordinator
$ 135.00
Senior Project Manager
$ 140.00
Project Manager
$ 120.00
Senior Financial Engineer
$ 135.00
Financial Engineer
$ 120.00
Senior Project Engineer
$ 105.00
Controls 11' Specialist
$ 135.00
Administrative Assistant
55.00
File Clerk
45.00
Biddability/Constructability
Architectural Reviewer
$ 115.00
Mechanical Reviewer
$ 115.00
Electrical Reviewer
$ 105.00
Structural Reviewer
$ 135.00
Civil Reviewer
$ 105.00
Assistant Project Manger
95.00
Civil Design
Scheduling
Senior Civil Designer
$ 135.00
Civil Designer
$ 120.00
Assistant Civil Designer
95.00
Senior Scheduler
$ 135.00
Scheduler
$ 120.00
Assistant Scheduler
$ 95.00
Claims Management
Senior Clams Manger
$ 175.00
Claims Manager
S 160.00
HARRAND-01
AFDI
,ACORD,„ CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY)
8/17/2005
PRODUCER
Diversified Risk Insurance Brokers
1,-m.nse #0529776
t. Christie Avenue
En Mile, CA 94608
INS. _J
(510) 547-3203
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
Hams and Associates Inc.
Attn: Tracy Rapozo
120 Mason Circle
Concord, CA 94520-1238
COVERAGES
INSURER A: Atlantic Specialty Insurance Company
INSURER B: Hartford Fire Insurance Co.
INSURER c:American Guarantee & Liability
7
INSURER D: Alaska National Insurance Company
INSURER E Continental Casualty Co.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADD'L
N FM
TYPE_OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MWDD/YY)
POLICY EXPIRATION
DATE IMWDD/YY)
LIMITS
A
X
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
718008245-0001
8/1/2005
8/1/2006
EACH OCCURRENCE
-DAMAGE
PREMISES (Ea occurence)
S 1,000,000
X
$ 50,000
_
CLAIMS MADE I X OCCUR
MED EXP (Any one Person)
$ 5,000
X
"X" 'C" "U"
PERSONAL & ADV INJURY
S 1,000,000
X
Severability of Interest
GENERAL AGGREGATE
s 2,000,000
GENL AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
S 2,000,000
7 POLICY n 78- n LOC
B
X
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
57UENUL6878
8/1/2005
8/1/2006
COMBINED SINGLE LIMIT
(Ea accden()
S 1,000,000
X I
—
BODILY INJURY
(Per Gerson)
$
X
BODILY INJURY
(Per accident)
$
X
--
PROPERTY DAMAGE
(Per acddenl)
S
-
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
OTIIERTHAN EA ACC
$
$
AUTO ONLY: AGO
S
C
EXCESSIUMBRELLA
LIABILITY
I OCCUR r I CLAIMS MADE
DEDUCTIBLE
RETENTION $
AUG9305561-03
8/1/2005
8/1/2006
EACH OCCURRENCE
S 5,000,000
X
__
AGGRFGATF
s 5,000,000
S
$ _
$
D
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
/P ANY PROPRIETORARI NER/EXECUTIVE
OFFICER/MEMBER EXCLUDED,
H yes. descnbe under
SPECIAL PROVISIONS below
05HWD40007
8/1/2005
8/1/2006
X WC STATU- OTH-
TORY LIMITSER
E.L. EACH ACCIDDENT
1 000 000
S r r
E.L. DISEASE- EA EMPLOYE
S 1,000,000
F.L. DISEASE - POLICY LIMIT
S 1,000,000
E
E
OTHER
Professional Liability
See Remarks on next page
AEA113822501
AEA113822501
8/1/2005
8/1/2005
8/1/2006
8/1/2006
Per Claim: 5,000,000
Aggregate: 5,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS
In the event of cancellation for non-payment of premium, a 10 day notice will apply.
Re: As -Needed Civil Engineering Services (H&A #052-0076.01)
The Community Development Commission of the City of National City and Its officers and employees are named as additional insured (Gen. &
Auto Liab.), if required by written contract/agreement, per attached Atlantic Specialty Ins. Co. Additional Insured endorsement, and CA2048
0299.
CERTIFICATE HOLDER
CANCELLATION
Community Development Commission of the
City of National City
Attn: Ben Martinez
140 E. 12th Street, Suite B
National City, CA 91950-
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILLXII X6)064.1 . 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, B
XX
N Xilfafd4OWX
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001/08)
0ACORD CORPORATION 1988
REMARKS
1
HARRAND-01 AFDI PAGE 1 OF 1
' For Professional Liability coverage, the Aggregate Limit is the total insurance available for all covered claims reported within
the policy period. A $150,000 deductible applies to each and every claim submitted under the policy.
POLICY #: 718-00-8245-0001
INSURED: Harris and Associates, Inc.
TIIIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. W110 IS AN INSURED — (Section II) is
amended to include as an additional insured
any person or organization you are required to
add as an additional insured under this policy
in a written contract or written agreement in
effect during this policy period and signed and
executed by you prior to the loss for which
coverage is sought. The person or
organization does not qualify as an additional
insured with respect to the independent acts or
omissions of such person or organization. The
person or organization is only an additional
insured with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused by "your work"
performed under the written contract or written
agreement.
2. The insurance provided to the additional
insured is limited as follows:
a) This endorsement shall not increase
the limits stated in Section III --
LIMITS OF INSURANCE.
b) The insurance provided to the
additional insured does not apply to
"bodily injury", "property damage",
or "personal and advertising injw-y"
arising out of an architect's,
engineer's or surveyor's rendering of
or failure to render any professional
services including:
I. The preparing, approving or
failing to prepare or approve
maps, shop drawings,
opinions, reports, surveys,
field orders, change orders,
or drawings and
specifications: and
II. Supervisory or inspection
activities performed as part
of any related architectural
or engineering activities.
c) This insurance does not apply to
"bodily injury: or "property damage"
caused by "your work" included in
the "products -completed operations
hazard" unless you are required to
provide such coverage for the
additional insured by a written
contract or written agreement in effect
during this policy period and signed
and executed by you prior to the loss
for which coverage is sought.
3. Subpart (1)(a) of the Pollution exclusion
(Section I — Coverages, part 2. f. of the
Conunercial General Liability Coverage form)
does not apply to you if the "bodily injury" or
"property damage" arises out of "your work"
performed on premises which are owned or
rented by the additional insured at the time
"your work" is performed.
4. Any coverage provided by this endorsement to
an additional insured shall be excess over any
other valid and collectible insurance available
to the additional insured whether primary,
excess, contingent or on any other basis unless
a written contract or written agreement in
effect during this policy period and signed and
executed by you prior to the loss for which
coverage is sought specifically requires that
this insurance apply on a primary or non-
contributory basis.
5. As a condition of coverage, each additional
insured must:
a) Give us prompt written notice of any
"occurrence" or offense which may
result in a claim and prompt written
notice of "suit".
Atlantic Specialty Insurance Company Page 1 of 2
b) Immediately forward all legal papers to us,
cooperate in the defense of any actions,
and otherwise comply with policy
conditions.
c) Tender the defense and indemnity of any
claim or "suit" to any other insurer which
also insures against a loss we cover under
this endorsement. This includes, but is not
limited to, any insurer which has issued a
policy of insurance in which the additional
insured qualifies as an insured. For
purposes of this requirement, the term
"insures against" refers to any self-
insurance and to any insurer which issued a
policy of insurance that may provide
coverage for the Toss, regardless of whether
the additional insured has actually
requested that the insurer provide the
additional insured with a defense and/or
indemnity under that policy of insurance.
d) Agree to make available any other
insurance that the additional insured has for
a loss we cover under this endorsement.
Atlantic Specialty Insurance Company Page 2 of 2
POLICY #: 57UENUL6878 COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-
fied by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi-
sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement Effective:
Named Insured:
Harris and Associates Inc.
SCHEDULE
Name of Person(s) or Organizatlon(s):
Any person or organization with whom you agreed, pursuant to a written contract or written agreement
to provide insurance such as is afforded under this policy.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent
that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II
of the Coverage Form.
Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be
deemed priaaly, but only with respect to work performed by or for the named insured in connection with the above
describe contract. Any other insurance maintained by the Additional Insured(s) shall be excess and non-
contributory.
CA 20 48 02 99
Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1