HomeMy WebLinkAbout2005 CON Harris & Associates - As needed services for City CIP ProjectsORIGINAL
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
HARRIS & ASSOCIATES
THIS AGREEMENT is entered into this 5th day of April, 2005, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and
Harris & Associates (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide the
City with the Engineering Services for the Capital Improvement Projects.
WHEREAS, the CITY has determined that the CONTRACTOR is a
professional Engineering firm, and is qualified by experience and ability to perform the
services desired by the CITY, and the CONTRACTOR is willing to perform such
services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform the
general services as set forth in the attached Exhibit 'A". The City will request a variety
of project development sercices using the standard request form attached herein as
Exhibit "C". All pertinent information will be included in the request for services. The
CONTRACTOR shall provide the costs for the specified services requested for review
and approval prior to any services being performed. The project dependent costs
provided shall be based on the unit costs listed in Exhibit "B".
The CONTRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CITY for such services, except
as authorized in advance by the CITY. The CONTRACTOR shall appear at as needed
meetings to keep staff and City Council advised of the progress -on the project.
Revised October 2003
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CITY and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction or increase in the compensation associated with said change
in services.
3. PROJECT COORDINATION AND SUPERVISION.
Din Daneshfar hereby is designated as the Project Coordinator for the
CITY and will monitor the progress and execution of this Agreement. The
CONTRACTOR shall assign a single Project Director to provide supervision and have
overall responsibility for the progress and execution of this Agreement for the CONTRA-
CTOR. Javier Saunders thereby is designated as the Project Director for the
CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit "C" shall not exceed the
schedule given in Exhibit "B" (the Base amount) without prior written authorization from
the City. 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
"C" as determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CITY and for furnishing of copies to the
CITY, if requested.
5. LENGTH OF AGREEMENT. The length of this agreement is (3)
three years. Prjects will vary in their scheduling needs and the CONTRACTOR will be
notified of the project schedule at the time of the reqwuest for services.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CITY for use with respect to this Project, and shall be
turned over to the CITY upon completion of the Project, or any phase thereof, as
contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CITY and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this agreement, except upon the
CITY's prior authorization regarding reproduction, which authorization shall not be
2 Revised October 2003
unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CITY's purposes, and the
CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil
Code Sections 980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CITY, or for any liability to the CITY should the documents be used by the CITY
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT . CONTRACTOR., : Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as;:
agents, employees, partners or joint venturers with one. another. Neither - the
CONTRACTOR -nor the CONTRACTOR'S employees are, employee of the CITY and
are not entitled to any of the rights, benefits, or privileges of the CITY's employees,
including but not limited to retirement, medical, unemployment, . or workers'
compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees,, and it is recognizedby the
partiesthat a substantial inducement to the CITY for entering intathis Agreement was,
and;. is, the professional -reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CITY. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many
employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR
with its subcontractor(s) shall require the subcontractor to adhere to the applicable
terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants, or employees are in any manner agents, servants or employees of
the CITY, it being understood that the CONTRACTOR, its agents, servants, and
employees are as to the CITY wholly independent contractors and that the
CONTRACTOR's obligations to the CITY are solely such as are prescribed by this
Agreement.
3 Revised October 2003
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current
City of National City business license prior to and during performance of any work
pursuant to this Agreement.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR 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 CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that levelof care and skill
ordinarily exercised by members of the :CONTRACTOR'S trade or profession currently
practicing under similar conditions and in similar- locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR'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 CONTRACTOR warrants to the CITY that it is not now, nor has it for the
five (5) years preceding, been debarred by • governmental agency or involved in
debarment, arbitration or.. litigation . proceedin:gs - concerning the CONTRACTOR's
professional performance or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success
of the project the CONTRACTOR has been retained to perform, within the time
requirements of the CITY, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CITY are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action to
insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
4 Revised October 2003
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CITY. The CONTRACTOR
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 CONTRACTOR, hereafter disclosed in publicly available sourcesof
information; °(iii) is .already in thepossession of .the .CONTRACTOR without any
obligation of confidentiality;; or (iv) has been: or is hereafter, rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorizedby that third party:
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subjectmatter of this
Agreement withoutthe prior writtenconsent of the CITY.. In its performance hereunder, ...
the CONTRACTOR shall .comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation:
CONTRACTOR. shall be liable to CITY for any damagescaused by
breach of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to,
or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONTRACTOR's negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CITY or
5 Revised October 2003
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
CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance
policies:
® A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive 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.
a. Workers' compensation insurance covering all. of GONSULTANT's
employees.
E. .The aforesaidpolicies shall constitute primary insurance as to the
CITY, its -officers,, employees, and volunteers, so,that any other policies held by the
CITY shall not contribute to any loss under said insurance. Said policies shall provide,
for thirty (30) days prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents .and :employees as:
additionat insureds.
G. If- required insurance coverage is provided on a' "claims made" -
rather than "occurrence" form, the CONTRACTOR. shall maintain such insurance
coverage for three years after expiration of the terra (and any: extensions) of this. Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
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 City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
6 Revised October 2003
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action or
suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attorney's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party.
18. 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 besettled 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 uponthe parties, . and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by: the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' _fees, _except that the arbitrator may assess such
expenses .or any part thereof: against_ a specified party as part of :the arbitration. award.
19. TERMINATION. A. This Agreement may be terminatedwith or
without cause by the CITY. Termination without cause shall be effective only upon 60-
day's r writtennoticeto the _ CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance
of services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of
and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CITY by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
7 Revised October 2003
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONTRACTOR.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery to
the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, .
request; demand, direction or other communication delivered or sent as specified above
shall be directedto the following persons:
Stephen:M. Kirkpatrick
City Egineer
City, of National. City
1243 National City Boulevard
National City, CA 91950-4301
To the -CONTRACTOR: E.Javier Saunders
Regional Manager
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 be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of National City. The CONTRACTOR also agrees not to specify
any product, treatment, process or material for the project in which the CONTRACTOR
has a material financial interest, either direct or indirect, without first notifying the CITY
of that fact. The CONTRACTOR shall at all times comply with the terms of the Political
8 Revised October 2003
Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the CITY in which the CONTRACTOR has a financial interest
as defined in Government Code Section 87103. The CONTRACTOR represents that it
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on which it might perform services for the CITY.
The CONTRACTOR shall comply with all of the reporting requirements of
the Political Reform Act and the National City Conflict of Interest Code. Specifically, the
CONTRACTOR 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 CONTRACTOR shall obtain
from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by
the CONTRACTOR.
22. 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.
Exhibit A — General Scope of Services
Exhibit B — Fee Schedule
Exhibit C — Engineering Service Request Form for
specified scope of work
Exhibit D — Firm's Biography
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
9 Revised October 2003
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 agree-
ments, 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.
CITY OF NATIONAL CITY HARRIS & ASSOCIATES
By:
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
(Two sig
By:
By:
res required fora corporation)
Name)
AS icr,4E
(Title)
10
Revised October 2003
EXHIBIT "A"
SCOPE OF SERVICES
The successful firm will provide Civil Engineering Services for the City's various
Capital Improvement Projects. These services shall include:
1. Civil engineering consulting services during the design and construction
phases of the City's Capital Improvement Projects. The proposer's services
may include, but not limited to, the following:
• Records of Survey
• Topographic Survey
• Monument Replacement
• Legal Descriptions
• Corner Records
• Map Checking
• Court Exhibit Survey
• Street Improvement Design
• Sewer and Storm Drain Improvements
• Hydrology and Hydraulics Studies
• Pavement Resurfacing Design
• Roadway Replacement/Repair
• Construction Support and Inspection
• Traffic Signal Design
• Minor Municipal Structural Design
2. Each project may vary in scope and magnitude. The City is not obligated to
contract all civil engineering services with the successful firm.
3. Request of services will be made on a project -by -project basis. The
successful firm will be capable of providing a proposed fee and schedule
within seventy-two (72) hours after receipt of the City's request for services.
The proposal will be prepared on the basis of the standard schedule of fees in
this agreement.
4. All services provided will be accomplished according to the Project Drawings
and Specifications, which may include San Diego Area Regional Standard
Drawings, Standard Specifications for Public Works Construction, and
Caltrans Standard Specifications and Drawings, etc., governing a particular
project, and in accordance with Subdivision Map Act, Land Surveyors Act,
and all other codes and practices applicable to the profession of surveying.
5. All reports and pertinent data obtained under the agreement between the
City and the Consultant will be the property of the City and may not be used
or reproduced in any form without the explicit written permission of the City.
Survey cut sheets will be available in the field at the time of service. In any
case, survey cut sheets will be available no later than the next working day.
6. The Consultant will certify a properly executed affidavit that we will not
perform any work for the City that could lead to a conflict of interest. The
Consultant will notify the City of any possible conflicts of interest prior to
performing any work requested by the City. A conflict of interest may
include, but will not limited to, having financial interest in any projects where
services are requested, or consulting or performing work for the developers,
investors, engineers, contractors, or material suppliers of projects where
services are requested. The City has the option to rescind and void the
contract in the event that the Consultant fails to properly notify the City of a
possible conflict of interest.
7. The engineering services will be provided efficiently and in timely fashion.
All engineering services will be performed on the basis of a standard
schedule of fees.
8. Payment will be made based upon itemized billing submitted in accordance
with this agreement and after submittal of acceptable formal reports, designs,
studies, or cut sheets. Billings will be submitted with, and make reference to,
each individual project, itemized as to unit cost and total billed. Project
name, specification number, start date, and the name of the person that
requested the service will be identified on each bill. Bills that are not
complete as required by this section will be returned unpaid.
9. Should either party fail to uphold the contract in any part and the situation
not be resolved by negotiation, the contract may be voided by written action
of either party.
Harris & Associates
EXHIBIT B - Harris & Associates Schedule of
Fees
Construction/Program Management
Project Director $170-240
Project Managers $140-195
Construction Managers $120-175
Resident Engineers $120-175
Construction Engineers $95-145
Scheduling Engineers $105-155
Cost Engineers $105-150
Inspectors $90-115
Technicians $75-100
Administration $60-85
Engineering Design and Public Works Services
Project Directors $170-240
Project Managers $110-180
Project Engineers $80-150
Technical Support $60-85
Administration $60-85
Notes:
1. These individuals include professionals and support personnel who might work on Harris projects.
Support personnel include technicians and administrative staff.
2. Rates are subject to adjustment due to promotions during the effective period of this schedule.
3. Unless otherwise indicated in the agreement, hourly rates include most direct costs such as vehicle
usage and mileage, equipment usage (including computer and telephone), and printing and copying
(except large quantities such as construction documents for bidding purposes).
4. Billing rates for independent contractors and hourly employees are determined on a case -by -case
basis.
5. All sub consultant services are subject to a 10% markup.
1
EXHIBIT B - Harris & Associates Schedule of
Fees
IrTr
a 1,s 0 C.
Principal Engineer/Surveyor $ 185.00/hr
Senior Engineer/Surveyor $ 130.00/hr
Project Engineer/Surveyor ... $ 113.00/hr
Associate Engineer/Surveyor ... $ 98.00/hr
Assistant Engineer/Surveyor $ 84.00/hr
Junior Engineer $ 70.00/hr
Technician IV $ 110.00/hr
Technician III .. $ 85.00/hr
Technician II $ 70.00/hr
Technician I $ 60.00/hr
Engineering Aide $ 47.00/hr
Clerk/Word Processor $ 60.00/hr
Two -man Survey Crew $ 180.00/hr
Three-man Survey Crew $ 234.00/hr
Two -man Survey Crew (Prevailing Wage) $ 215.00/hr
Three-man Survey Crew (Prevailing Wage)$ 312.00/hr
Court or Deposition Appearance $ 235.00/1u-
Overtime:
Listed rates times 1.25 will be charged when authorized.
Miscellaneous:
All charges for travel, subsistence, printing, materials,
consultant services, and
special equipment will be billed at cost plus 15%.
Katz, Okitsu & As ociates
Pltannin; RI Engineering
Expert Witness $220.00
Principal $180.00
Senior Engineer/Planner $155.00
Associate Engineer/Planner $100.00
Assistant Engineer/Planner $80.00
Planning Assistant $70.00
Senior Engineering Designer $90.00
Associate Engineering Designer $80.00
Assistant Engineering Designer $70.00
Technician $55.00
Administrative Aide $45.00
Assistant Technician $25.00
EXPENSES
Mileage billed at $0.40 per mile
Direct expenses may be marked up 10%
VA/f
Engineering
Simon Wong
Principal Engineer $189.00
Senior Structural /Bridge Engineer $155.00
Project Manage $155.00
Senior Engineer I $140.00
Senior Engineer II/Project Engineer $129.00
Associate Engineer $114.00
Associate Engineer II $109.00
Assistant Engineer $94.00
Engineering Intern $65.00
Senior Technician $119.00
Senior Cadd Technician $93.00
Cadd Technician $75.00
Clerical $65.00
Construction Manager $155.00
Resident Engineer $140.00
Senior Inspector I $129.00
Senior Inspector II $114.00
Inspector $94.00
Hourly charges include provisions for normal overhead
costs such as fringe benefits, office rental, utilities,
insurance, clerical services, equipment, normal supplies and
materials, and in house reproduction services. Mileage shall
be reimbursed at a rate of 40.5 cents per mile or as agreed
to with the client on a monthly basis. All other costs shall
be reimbursed at a rate of cost plus 10%. Rates shown are
valid through December 31,2005.
2
PROFESSIONAL SERVICES (per hour)
Principal Engineer/Geologist $150.00
Senior Engineer/Geologist $120.00
Project Engineer/Geologist $95.00
Project Environmental Assessor $95.00
Staff Engineer/Geologist $85.00
Staff Environmental Assessor $85.00
Expert Testimony (minimum 4 hours) $300.00
Engineering Technician $65.00
Environmental Technician $55.00
Engineering Technician equipped with Field Vehicle and
Nuclear Density Gage for Earthwork Testing ...$76.00
Engineering Technician Supervisor ..$70.00
Draftsperson ...$50.00
Word Processor $45.00
Technical Assistant $45.00
Accountant $50.00
Registered Special Inspector $70.00
Materials Technician, ACI Registered $65.00
EQUIPMENT CHARGES
Refraction Seismograph $50.00
Inclinometer Monitor $50.00
Hazardous Gas Safety Monitor . $15.00
Pneumatic Piezometer/Settlement Monitor $50.00
Photo Ionization Detecto $25.00
Field Vehicle $6.00.
Nuclear Density Gage $5.00.
Coring Machine $50.00
EXHIBIT B - Harris & Associates Schedule of
Fees
CONSTRUCTION MATERIALS
AGGREGATE/SUBGRADE:
Abrasion Test (ASTM C131) $165.00
California Bearing Ratio $350.00
Clay Lumps/Friable Particles (ASTM C142) $95.00
Durability Index (ASTM D3744), Aggregate $150.00
Lime Stabilized Subgrade Mix Design $400.00
Organic Impurities (ASTM C40) $40.00
Percent Fractured Aggregate (ASTM D5821) $60.00
R-Value (CALTRANS 301) $195.00
Sand Equivalent (ASTM D2419) $60.00
Sieve Analysis, Aggregate Base (ASTM C136)
Coarse Aggregate $55.00
Fine Aggregate $70.00
Specific Gravity and Absorption:
Fine Aggregate(ASTM C128) $90.00
Coarse Aggregate (ASTM C127) $75.00
Sulfate Soundness (ASTM C88) per size $95.00
Cleanness Value (CAL 304) $180.00
ASPHALT CONCRETE:
Bulk Specific Gravity/Density, core (ASTM DI 188). $45.00
Hveem Unit Weight (CAL 304) $185.00
Marshall Unit Weight (ASTM D1559) $180.00
Theoretical Maximum Density (ASTM D2041) $90.00
Percent Bitumen and Gradation of Extracted Sample $190.00
Stabilometer Value (CAL 304) $180.00
CONCRETE TESTS:
Compressive Strength, Concrete, 6" X 12"
per specimen fabricated $20.00
Compressive Strength, Concrete
per core prepared $50.00
Flexural Strength, Concrete, 6" X 6" X 18"
per bearn fabricated $60.00
Compressive Strength, Mortar, 2" X 4"
per specimen fabricated $20.00
Compressive strength, Grout, 3" X 3" X6"
per specimen fabricated $20.00
3
. EXHIBIT B - Harris & Associates Schedule of
Fees
SOIL AND ROCK TESTS
CLASSIFICATION AND INDEX TESTS:
Atterberg Limits (ASTM D4318) ... $80.00
Moisture Content (ASTM D2216) $10.00
Percent Passing #200 Sieve (ASTM DI 140) $40.00
pH (CALTRANS 643) $30.00
Resistivity (CALTRANS 643) $70.00
Sieve with I lydrometer Analysis (ASTM D422) $1 10.00
Sieve Analysis without Hydrometer (ASTM D422) $50.00
Soluble Sulfate (ASTM D516) $50.00
Soluble Chloride $50.00
Specific Gravity (ASTM D854) $40.00
Unit Weight/Moisture Content, chunk sample $30.00
Unit Weight/Moisture Content, sampler ring $20.00
STRENGTH TESTS:
Direct Shear, residual (ASTM D3080) $400.00
Direct Shear, consolidated (ASTM D3080) $200.00
In -Situ Stress -Strain Behavior quote
Triaxial Compressive Strength .. quote
Unconfined Compression (ASTM D2I66) $60.00
VOLUMETRIC CHANGE:
Consolidation Test (ASTM D2435), without time rate .... $150.00
Consolidation Test (ASTM 1)2435), with time rate $300.00
Double Oedometer $300.00
Expansion Index (ASTM D4829) $85.00
Expansion Index (UBC 18-2) $100.00
Free Swell $175.00
Response to Wetting (ASTM D4546) $75.00
Soil Suction (ASTM D5298) $90.00
PERMEABILITY:
Permeability of Granular Soil (ASTM D2434) $250.00
Permeability, Flexible Wall (ASTM D5084) $300.00
COMPACTION:
Maximum Density and Optimum Moisture
(ASTM D1557) $125.00
Maximum Density/Optimum Moisture
With Rock (ASTM D4718) $200.00
Maximum Density Check Point $45.00
California Impact Compaction (CAL 216) $125.00
4
DATE:
City of National City
Office of the City Engineer
1243 National City Blvd., National City, CA 91950
(619) 336-4380 Fax: (619) 336-4397
EXHIBIT "C"
ENGINEERING DEPARTMENT
ENGINEERING SERVICE REQUEST FORM
Phone No.:
Fax No.:
PROJECT TITLE:
REQUEST NO.
PLEASE PROVIDE THE FOLLOWING SERVICE (SPECIFY LIMIT AND DETAIL
OF SERVICE):
REQUESTED BY:
APPROVED BY:
City Engineer or
Project Manager
DATE:
DATE:
Faxed On:
® Recycled Paper
Harris & Associate
EXHIBIT D - Harris & Associates and
Sub consultant Profiles
HalTis & Associates, established as a California corporation in 1974, specializes in serving the
professional service needs of public agencies and institutions in the Western states. We provide
expertise from project conception through occupancy, in the following four service areas:
• Project and construction management
• Program management
• Civil design
• Municipal services
Our staff of 400 employee -owners includes licensed engineers and architects, certified construction
managers and inspectors, and experienced public works professionals. We understand that successful
project delivery means more than being on time and under budget. Successful projects have to address
the concerns of neighbors and users, be sensitive to the environment, and confoiui to local political
realities. By focusing on our clients' needs as our top priority, we have earned an excellent reputation
within the industry. Our depth and breadth of skills will assist you in charting the course of your
projects.
i vfvEE i me iOLL
5 c..Hi T E
Lintvedt, McColl & Associates is a multi -disciplined firm and has continually provided professional
services to both the public and private sector throughout Southern California since established in 1945.
In their 58 years of experience in San Diego County, they have developed expertise in surveying and
mapping for public and private sector projects. Specifically, these include: aerial, boundary,
topographic, right-of-way surveys, street and utility design surveys, existing utility research and
plotting, pot holing, horizontal and vertical control, construction staking and management, as-builts, as
well in subdivision mapping, records of surveys, road surveys, right-of-way maps, title, easement and
property acquisition plats, dedication and vacation drawings, legal descriptions, and ALTAs.
Lintvdt, McColl & Associates has certification from the State of California Department of General
Services as a Small Business Enterprise and from Caltrans as a Disadvantaged Woman -Owned
Business Enterprise.
EXHIBIT D - Harris & Associates and
Sub consultant Profiles
Simon Wong Engineering
Simon Wong Engineering is one of San Diego's leading structural and bridge consulting engineering
firms. Over the past 16 years, Simon Wong Engineering has built a staff of 39 employees with 20
engineers who specialize in design, retrofit, construction management and inspection of infrastructure,
commercial, institutional, and government projects.
We provide our clients with full -service bridge and structural design management and inspection
services, which include the following engineering disciplines: Water/wastewater facilities, advanced
planning studies, final design and detailing, preliminary design and detailing.
Katz, Oki t u & Associates
Pdannin Re Engineering
Katz, Okitsu & Associates is a consulting traffic engineering and transportation planning firm
providing consulting services to the government and private sectors. The firm has grown to four
offices and over 50 employees serving all of California and beyond. Staff members include registered
Civil and Traffic Engineers and Certified Planners.
Katz, Okitsu & Associates, has been involved in many of California's largest transportation projects
including light and heavy rail and freeway projects in Southern California and transit planning in the
San Francisco Bay Area.
Specific areas of expertise include the following:
• Traffic Signal Design
• Transportation Planning
• Circulation and Parking Studies
• Street Lighting Design
• Traffic Impact Analysis
2
EXHIBIT D - Harris & Associates and
Sub consultant Profiles
Geotechnics Incorporated was established in 1992, and is committed to providing quality services and
prompt response, at reasonable prices. We currently staff 51 employees comprised of 7 registered
engineers, 6 geologists, 23 soil technicians, 5 laboratory technicians, 1 drafter, 3 business development
personnel and 6 administrative personnel. Our El Centro office is an independent branch with a fully
equipped soils and construction testing lab. Our corporate office located in the Miramar area of San
Diego, with branch offices located in Riverside and El Centro.
We provide geotechnical-consulting services for both public and private interests in Imperial, Orange
San Diego, and Riverside Counties. The professional staff of geotechnical engineers and engineering
geologists has provided geotechnical consulting services in the western United States for more than 25
years. Examples of some clients with which we are proud to have had an on -going professional
relationship include the County of Imperial, the Imperial Irrigation District, Cal Energy, El Centro
Elementary and Calexico Unified School Districts, Otay Water District, SDSU, the U.S. Navy, and
San Diego Unified Port District.
3
Harris& Associates
EXHIBIT D - Harris & Associates and
Sub consultant Profiles
Harris & Associates, established as a California corporation in 1974, specializes in serving the
professional service needs of public agencies and institutions in the Western states. We provide
expertise from project conception through occupancy, in the following four service areas:
• Project and construction management
• Program management
• Civil design
• Municipal services
Our staff of 400 employee -owners includes licensed engineers and architects, certified construction
managers and inspectors, and experienced public works professionals. We understand that successful
project delivery means more than being on time and under budget. Successful projects have to address
the concerns of neighbors and users, be sensitive to the environment, and conform to local political
realities. By focusing on our clients' needs as our top priority, we have earned an excellent reputation
within the industry. Our depth and breadth of skills will assist you in charting the course of your
projects.
_IIIIVEDI LL
s s
Lintvedt, McColl & Associates is a multi -disciplined firm and has continually provided professional
services to both the public and private sector throughout Southern California since established in 1945.
In their 58 years of experience in San Diego County, they have developed expertise in surveying and
mapping for public and private sector projects. Specifically, these include: aerial, boundary,
topographic, right-of-way surveys, street and utility design surveys, existing utility research and
plotting, pot holing, horizontal and vertical control, construction staking and management, as-builts, as
well in subdivision mapping, records of surveys, road surveys, right-of-way maps, title, easement and
property acquisition plats, dedication and vacation drawings, legal descriptions, and ALTAs.
Lintvdt, McColl & Associates has certification from the State of California Department of General
Services as a Small Business Enterprise and from Caltrans as a Disadvantaged Woman -Owned
Business Enterprise.
1
EXHIBIT D - Harris & Associates and
Sub consultant Profiles
Simon Wong Engineering
Simon Wong Engineering is one of San Diego's leading structural and bridge consulting engineering
firms. Over the past 16 years, Simon Wong Engineering has built a staff of 39 employees with 20
engineers who specialize in design, retrofit, construction management and inspection of infrastructure,
commercial, institutional, and government projects.
We provide our clients with full -service bridge and structural design management and inspection
services, which include the following engineering disciplines: Water/wastewater facilities, advanced
planning studies, final design and detailing, preliminary design and detailing.
Katz, Okitsu & As ciates
Planning & Enginevrini'
Katz, Okitsu & Associates is a consulting traffic engineering and transportation planning firm
providing consulting services to the government and private sectors. The firm has grown to four
offices and over 50 employees serving all of California and beyond. Staff members include registered
Civil and Traffic Engineers and Certified Planners.
Katz, Okitsu & Associates, has been involved in many of California's largest transportation projects
including light and heavy rail and freeway projects in Southern California and transit planning in the
San Francisco Bay Area.
Specific areas of expertise include the following:
• Traffic Signal Design
• Transportation Planning
• Circulation and Parking Studies
• Street Lighting Design
• Traffic Impact Analysis
2
EXHIBIT D - Harris & Associates and
Sub consultant Profiles
Geotechnics Incorporated was established in 1992, and is committed to providing quality services and
prompt response, at reasonable prices. We currently staff 51 employees comprised of 7 registered
engineers, 6 geologists, 23 soil technicians, 5 laboratory technicians, 1 drafter, 3 business development
personnel and 6 administrative personnel. Our El Centro office is an independent branch with a fully
equipped soils and construction testing lab. Our corporate office located in the Miramar area of San
Diego, with branch offices located in Riverside and El Centro.
We provide geotechnical-consulting services for both public and private interests in Imperial, Orange
San Diego, and Riverside Counties. The professional staff of gcoteclmical engineers and engineering
geologists has provided geotechnical consulting services in the western United States for more than 25
years. Examples of some clients with which we are proud to have had an on -going professional
relationship include the County of Imperial, the Imperial Irrigation District, Cal Energy, El Centro
Elementary and Calexico Unified School Districts, Otay Water District, SDSU, the U.S. Navy, and
San Diego Unified Port District.
3
,r1EETING DATE April 5, 2Qt15
City of National City, California
COUNCIL AGENDA STATEMENT
AGENDA ITEM NO. 8
ITEM TITLE
Resolution of the City Council authorizing the Mayor to execute an agreement with IIarris & Associates
to provide "as needed" Engineering Consulting Services for the City's Capital Improvement Projects
PREPARED BY Din Daneshfar
EXPLANATION 336-4387
DEPARTMENT
See attached explanation
Engineering Department
Environmental Review X N/A
Financial Statement
Approved By:
Finance Director
Funding source will vary depending on the specific Capital Improvement Project.
Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION ECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1. Resolution
2. Three copies of the agreement
Resolution No.
Zoos-
A-200 (9 99,
RE: Resolution of the City Council authorizing the Mayor to execute an agreement with
Harris & Associates to provide "as needed" Engineering Consulting Services for the
City's Capital Improvement Projects
On September 9, 2004, the City issued a Request for Qualifications to seek Civil
Engineering Consulting firms to perform Engineering services for various Capital
Improvement Projects.
On September 28, 2004, the City received Statement of Qualifications from the following
eight firms:
BDS Engineering Lemon Grove
Infrastructure Engineering Corporation Oceanside
IIarris & Associates San Diego
Project Design Consultant San Diego
Nasland Engineering San Diego
Tetra Tech, Inc. San Diego
Winsler & Kelly Engineers San Diego
PBS&J Encinitas
A selection Committee was formed to review the submittals and interview the consulting
firms. The selection committee consisted of City Engineer, Stephen M. Kirkpatrick,
Associate Civil Engineers, Din Daneshfar and Alberto Griego, and Assistant Civil
Engineer, Adam Landa. The selection committee reviewed the Statement of
Qualifications and made a short list of the qualified candidates. Based on the short listed
candidates, six firms were invited for interview. After interviewing all of the six
candidates, the selection committee has found the following three firms most qualified by
experience and ability to perform the required engineering services:
Infrastucture Engineering Corporation
Ilarris & Associates
Tetra Tech Inc.
The length of the contract will be three years.
Attached, in triplicate, is the proposed contract agreement form to retain Harris &
Associates as one of the three "as needed" consulting firms.
RESOLUTION NO. 2005 — 62
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH HARRIS & ASSOCIATES
TO PROVIDE AS -NEEDED CONSULTING SERVICES FOR
NATIONAL CITY CAPITAL IMPROVEMENT PROJECTS
WHEREAS, the City desires to employ a consultant to provide as -needed
consulting services for Capital Improvement Projects; and
WHEREAS, the City has determined that Harris & Associates is qualified
by experience and ability to perform the services desired by the City, and is willing to
perform such services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute an agreement with Harris &
Associates to provide as -needed consulting services for National City Capital
Improvement Projects. Said Agreement is on file in the Office of the City Clerk.
PASSED and ADOPTED this 5th day of April, 2005.
ATTEST:
Mic ael Dalla, `fn�titty Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on April 5,
2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-62 of the City of National City, California, passed and adopted
by the Council of said City on April 5, 2005.
City Clerk of the City of National City, California
By:
Deputy
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
April 19, 2005
E. Javier Saunders, Regional Manager
Harris & Associates
750 B Street Suite 1800
San Diego CA 92101
Dear Mr. Saunders,
On April 5, 2005, Resolution No. 2005-62 was passed and adopted by the
City Council of the City of National City, authorizing the Mayor to execute
an agreement with Harris & Associates.
We are forwarding a certified copy of the above Resolution and one fully
executed original agreement.
Sincerely,
))\,
Martha L Alvarez
Deputy City Clerk
/mla
Enclosure
cc: Engineering
File No. C2005-12
® Recycled Paper