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HomeMy WebLinkAbout2006 CON CDC Rick Engineering - Amendment Bay Marina Dr. ImprovementsFIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND RICK ENGINEERING COMPANY THIS AGREEMENT is entered into this 16th day of May, 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and RICK ENGINEERING COMPANY (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to complete engineering related to the widening and necessary improvements to Bay Marina Drive in the National City Harbor District. WHEREAS, the CDC has determined that the CONTRACTOR is a registered civil engineer and is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC 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 services as set forth in the attached Exhibits A and B. The CONTRACTOR 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 CONTRACTOR shall appear at meetings cited in Exhibits A and B to keep staff and the Community Development Commission advised of the progress on the project. The CDC 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 CDC 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, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Carl Hewings 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 Exhibits A and B shall not exceed $112,500 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CDC. The 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 CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit C, to be completed by December 15, 2006. The Executive Director shall have the authority to extend this agreement for a period of twelve (12) months in the event that circumstances outside of the Contractor's control delay completion of the project. 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 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. 2 Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC 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 CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC 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 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 CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 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 CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'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 CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. 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. 3 8. CONTROL. Neither the CDC 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 CDC, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CDC wholly independent contractors and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this Agreement. 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 level of 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 CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the 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 4 of the project the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 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 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 CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC 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 CDC. 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 sources of information; (iii) is already in the possession 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 authorized by that third party. The CONTRACTOR 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, 5 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 CDC for any damages caused 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 Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the 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 CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the 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. D. Workers' compensation insurance covering all of CONSULTANT's employees. 6 E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and 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 CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the 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 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. 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 dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited 7 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. 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 be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the 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 CDC 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 CDC. 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 CDC, 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 Tess any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; 8 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, teiecopy, 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, teiecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4397 To the CONTRACTOR: Rick Engineering Company 5620 Friars Road San Diego CA 92110-2596 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, teiecopy, 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 Community Development Commission of the City of National City. The 9 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 CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political 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 corning before the CDC 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 CDC. ❑ If checked, 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 CDC for all damages, costs or expenses the CDC 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. 10 F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. // // // // Signature Page to Follow IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. 11 COMMUNITY DEVELOPMENT OF THE CITY OF NATIONAL CITY By: Nick Inzunza, hair a APPROVED AS TO FORM: George H. Eiser, III CDC Legal Counsel RICK ENGINEERING COMPANY By: By: Goddard, Associat Roger B J I, ' - President 12 Conact Addendum Rick Engineering Comp; Mr. David Parsons Community Development Commiss 140 East 12` Street, Suite National City, California 91950 al City JOB DESCRIPTION: MARINA DRIVE WIDENING b No. 12861-K May 1, 2006 Addendum No. 1. Page 1 of 3 By signing below as indicated, Rick Engineering Company authorized to expend an additional $39,600.00, bringing the total amount authorized as of this date to $112,500.00to perform t conjunction with our contract dated October 12, 2005. *OPE OF WORK Provide additional en ineerin and landscape architectural services as follows;. 1. Landsce rchitec A. Analysis and research of related requirements to the project site and o Design phase will include p improvements. Preparation improverncn f pro le c rial, y layout of proposed streetscape landscape construction to of construction for prop d lant a'; Preparation of colored conceptual landscape plan graphically indicating proposed streeiscape landscape improvetnenta, including sketch details and elevaiii trigs & Consultation Meeting with the City and other agencies to review° design phase in support of. the Community Development Commission's coordination with the C aastal Commission, RECEIVED MAY :aJcab Fileski2M ddI Mr, David Parsons May 1, 2006 Page 2 of 3 ion Document Phase Landscape construction documents containing he following will be prepay City for revl and cra went. Landscape construction document phase will coordination with City and other design team members. Landscape Construction Pions & Details h cLudes: Identifying construction improvements, prepare tion of finish schedule. Construction improvements will include landscapei in the conceptual landscape, plan prepared in the design phase, such a pt nd indicated s and raised Includes: 'Diagratnmatrc layout of landscape irrigation piping„ valves control equipment, sprinkler heads and related equipment for tht. irrigation of planted area specifically calling nett pipe and equipment suing and types, brand and model 'Iltis will also include necessary details for the mstallation of the system. Planting Plans Includes: Graphic location and identification of plant tttateriais to be used, including quantities, sizes, varieties and planting details for site condin Specifications. Includes: Material. and installation speciticatiotxs for ittrtpproveittents indicated for the proj__„ Specifications shall include method of installation and set quality standards for materials and �vorktmrslup for the finished product. ping Site Okservatictn! Bidding & Construction Administration Includes: Assistance.vith Client in bidding administration of this project. administration shall include necessary addenda, change orders, site observanon vis preparation of as -built drawings. Additional Civil Construction A. Constre s/report tion and additional improvement plans for new curb, gutter and side*^ally for the north side of Drive from Harrison Avenue to Cleveland Avenue. Prepare addition Avenue to Cleve] fighting plans for the north side. of Bay Marina end Avenue. additional traffic control plans for ve noted above. n veents along the north side of Bay Mr. David P rso is May 1, 2006 Page 3 of 3 FEE SCHEDULE: zdscaapinl ed Fee) boc IV1,andscaping S ©bidding & Constrac eon Administration (Tirane & I aten ls, Not to Exceed) Civil Construction Deco] (Fixed Fee) A11 other provisions df'the . Authorized RICK E Signet Approve Mature: Please sign a» l rerue k try RICK ENGJ 'E'ERT 'G CO3 PA. Y L ,400.00 6,000.00 9,200.00 ti0 Total 39, 00.00 .Date: April t £, 2006'. Title: Associate Principal Title: posal to provide e, proposed traffic control to reflect the now driveway location n+ September g, 2005 Revised. October 1 $ 20 5 Ms.. Patricia: Beard Community I)eveiopnient Contmissiox City of National City 140 East 12th Street, Suite B National City, California. 91950 UBJECT: PROPOSAL FOR ENGINEERING SUPPOR I. FOR MARINA DRIVE BID PACKAGE (RICK ENGINEERING COMPANY TUB NUMBER 12861-K) At your request, we are pie to provide you support services for tte subject project, e propose to furnish the following services for the ,compensanon listed b+ SCOPE OE WORK caring Provide engineering and computing support to revise construction drawings to show the proposed alignment of the driveway into the proposed Marina Gateway I-lotel site on the improvemcxtt plans and revise the curb return profiles. Provide engineering and computing support to revise eonstrt the traffic signal plans at Cleveland Avenue and Marina Drive. Caawin€gs showing Provide `engineering and computing support to revise construction drawinn s shovvin tell above, Ms. Patrie € I rd September S, 2005 Revised; October 12, 2005 Page 2 of 16 4. Provide engineering support to coordinate with Caltrans regarding the existing encroachment permit for the subject project, This assumes Caltrans willupdatethe. expired permit with no revisions. vide engineering support to coordinate with SDG& regarding the proposed undergmunding of overhead utilities for the subject project. Prepare an Opinion of Probable Construction Costs for the plan prepai'udd for the widening, A. ay Marina Drive; Storm Water Poll tion Prevention Plan (SW P 'P) Prepare a. Notice of latent (NOf) and provide to Client for execution and submittal to the State Water Resources Control Board (SWRCB). Client to provide submittal fee: epare one SWPPP based on the it presented in the SWRCB Order No. 99-0-DWQ National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 (adopted August 19, 1999) The SWPPP will inelude the following. Vicinity Map using GIS. nd/or proposed ,grading, crn--site erosion control ill, major drainage patterns, points of discharge, and ultimate impervious areas, vegetated areas (existing), and post- " n Best Management Practices (BMPs). Three exhibits will be prepared which address the requirements of the SWPPP as follows: (a Temporary BMPs for precise grading, Post -construction BMPs, A narrative description of the project; including size, areas by percen impervious surfaces prior to and .after completion of construction, ding runoff coefficients, assessment of potential pollutants of construction practices to reduce pollutants, soils stabilization des practices and post -construction BMPs; A copy ofthe NOE and Waste Discharge Identification Number CV/DID) for the project. Ms. Patricia Beard' September 8, 2005 Revised: October 12, 2005 Page 3 of 1 b 5) Pre cedures to monitor, maintain and repair erosion and sediment control structures and post -construction B1vtPs. 6) Guidelines to train.personnel to monitor and conduct inspections. A copy of separate forms for amendments to the SWPPP, compliance :ertification, training logs, inspection eheclt ists, contractors andlor personnel responsible for the compliance and implenentattion of the SWPPP. A copy of the NPDES Pettint, Change of InfInformation (CO) form, Notice of Tennination (NOT) form, and excerpts from the California Regional Water Quality Control Board San Francisco Bay Region Erosion and Sediment Control Field Manual, Fourth Edition, August 2002, C Provide coordination with the Client to obtain information necessary for completion of the SWPPP (ie, soils report information, drainage study and drainage map, owner information, site information, construction materials information, post-BMP information, etc,), D. Prepare Storm Water Sampling and Analysis Strategy (SWSAS) based on the information presented in the Fact Sheet for Water Quality Order 99-08-DWQ, SWRCB, NPDES General Permit for Storm Water Associated with Construction Activity (General 'Permit): Sampling Analysis, I) The SWSAS Will identify storm water mtoring locations based on the assumed completion of grading, surface improvements, and drainage improvements pursuant to existing plans for grading and improvtnitnts. During all other interim conditions of project construction, the contractor will be responsible for detemiining and identifying on the SWSAS Location Map the locations where storm water lea vis the site and where samples will be collected. The SWSAS will include the fc of object ves and narrative description regarding methods to meet objectives. List and description of saniplzng locations (included on the SWSAS rcatic Map). monitoring alytes and specific sampling requirements for the oring ofanalytes. atricia Beard September 8 2005 Revised; October 12, 2005 Page 4 of 16 d) Description of field sample collection methods. e Description of possible visual observation of sample and source. for quality assurance and quality control of iecomraren samples. Description of reporting requirements; rd-keeping worksheets to include; Sarnpiing event records; Checklist of sampling equipment; Visual obse checklist. Ideatification; of storm water morn improvement plans / drainage study map. Provide services to attend one four-hour on -site -SWPPP/SWSAS training session for contractor and owner and applicable on -site personnel. This training will izaelude SWPPPISWSAS implementation as we11 as other issues related to the Construction Storm Water General Permit, Review Analytical Results Perform one .review of the analyitical results provided by the Client from the Client's anlayitieal laboratory after a storm event. Contact the analytical laboratory to resolve quality assurance /quality control issues, which may arise during the review of anlayitical results, Discuss results with the Owner or Contractor. Prepare a letter to the Client summarizing review of analytical laboratory results, This excludes summarizing any corrective actions performed by the Client as a result of Rick Engineering Company's review w of analytical laboratory results, Provide services to attend one annoarl ora site SWPPP/SWSAS training session Contractor and Owner. Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page 5 of 16 O. Miscellaneous Servies Associated with the SWSAS Provide assistance to Client and contractor in implenenting required actions in rouse to analayitical results (this item includes services required for field visits, preparation of corrective action reports, and processing of reports with the Regional Water Quality Control Board (RWQCB) or other agencies. 11, Change of Information (COI) if required, complete a Change of Information (COI) form pursuant to information provided by the Client to Rick Engineering Company regarding selling, acquisition of property or when a phase within a multi -family phase has been completed as it pertains to the Notice of Intent (NOD. 12, Notice of Terminiation (NOT) Prepare a Notice of Termination (NOT) 13. Bid Documents Provide engineering support to update bid documents based on the revised boilerplate provided by CDC on August 16, 2005, and repackage bid sets for contractors. 14. Construction Support. Provide engineering support far construction administration en behald the Community Development Commission (CDC) to include the following: A. Bidding & Ne Tatiation Phase Assist the CDC with the public bidding of the improvement package. Services to include the following: 1) Attend pre -bid meeting. 2) Interpret and clarify bid documents. 3) Review contractor bids, Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page 6 of 16 B. Construction Phase Provide construction support services to the CDC for all portions of the proposed improvements. Services to include the following: 1) Interpret/clarify construction documents for processing Requests for Information (RFPs) for concrete, asphalt, base materials, lighting, signal equipment, storm drain pipe and structures and landscaping and irrigation materials and equipment. 2) Distribute plan revisions. 3) Review of change order requests and prepare change order cost estimates. 4) Attend project status meetings and other requested meetings. 5) Perform general site observations, 6) Review/process show drawings and test reports. 7) Coordinate wet and dry utility and landscape and irrigation subconsuitants. C. Project Closeout Phase Prepare and process through the City of National City as -built plans for the itnprovernents. As -built plans will be based on a field site visit and on the construction records provided by contractors, subconsultants and public agencies. FEE Our fee for the above -described work would be on a time and materials basis per our current Schedule of Hourly Rates (attached) not to exceed the amount shown without your prior authorization. For progress billing purposes, the labor fee shall be divided as follows: I . Driveway Alignment Construction Drawings 2. Traffic Signal Construction Drawings 3. Traffic Control Construction Drawings 4. Encroachment Permit 5. Coordination with SDG&E $ 3,500.00 8,000.00 $ 1,000.00 $ 5,000.00 $ 5,000.00 1v1s, .Patricia Beard September S 2005 Revised: October 12, 005 Page 7 of 16 6. Opinion of Probable Construction Cost S i,000.00 7. Storm Water Pollution Prevention Plan WIPP) B,Ct(i0.00 Revievtiw Analytical Results I,000 per Siorrc Event Annual On -Site SWRPP Training $I 000 per Training Session Miscellaneous Services Associate with the SWSAS Time Materials 11 Change of lnfonnnation (COI) 12, Notice of Termination (NOT) 13. Update Bid Documents 14. Limited Construction Administration Support 4, Bidding & Negotiation Support Construction Phase C. Project Closeout EXCEPTIONS Not included in either the for the following items: ove scope of work or Total: Time & l elaterials Time & Materials $ 2,500.00 4,250.00 28,240.00 6,410,00' 72,900.00 are services t rhich may be necessary 1. Changes in the scope ofwork directed and authorized by the Client, in writing, after the start ofwork, 2. nviron etatal work of any nature. Inspection services. 4. Job site safety services. 5. Prepa- Post- Construction Stt t Water Ope agent Plan. Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page 8 of 16 6, Pre-, Post- and During Storm Event Inspections. (It is assumed th.at the superintendent will perform these inspections/reports) 7. Meetings or consultation outside the above scope of work. 8. Collection of storm water samples, 9. Selection of, and coordination with analytical laboratory other than as specifically set forth above. 10. Amendments based upon new guidance or interpretation of regulations. 11. Soils engineering services. 12. Preparation of revisions to landscape and/or irrigation plans. 13. Preparation of revisions to electrical plans. 14. Construction adrriinstation for landscaping and irrigation and electrical plans. 15. As -built preparation. 16. Construction staking. Any printing and miscellaneous processing fees are extra and not a part of this agreem Also not included are any items not specifically referred to above. Fees and expenses will be billed monthly as the work progresses and the net amount shall be due within thirty (30) days from the date of receipt of the invoice in the Client's office. The enclosed Standard Provisions of Agreement are incorporated herein and made a part of this agreement. •nt. If notice is delayed for any reason beyond sixty (60) days, it is understood by the parties that the terms and conditions contained herein are subject to revision. Ms September Revised: October 12, 2t}05 Page 9 of 16 If you would like us to proceed on this work as outlined above, we and return this agreement as our written authorizzation. It yc please sign If you have any questions regarding this agreement,; please contact either Carl Hewings or ztm3 directly. Thank you for requesting Rick Engineering Company to provide these services. Sincerely, RICK ENG1NEERII it i CO ANY John D. Goddard,Jr, Associate Principal RCE 33037 IDG:CStt:sr: K:Proposats Attach; APPROVED :I3Y:: Signature Date EXHIBIT "C" Proposed Bay Marina Drive Widening Schedule Task Start Duration Finish Update Construction Documents Notice to Proceed — 5/17/06 1 Month 6/15/06 Agency/City Review 6/15/06 1 Month 7/15/06 Public Bid Period Phase 7/15/06 1 Month 8/15/06 Construction Phase 8/15/06 3 Months 11/15/06 Project Close -Out 11/15/06 1 Month 12/15/06 These dates are tentative and dependent upon receiving the required approvals and authorization from regulatory agencies such as the California Department of Transportation, California Coastal Commission and San Diego Gas & Electric. RESOLUTION NO. 2006 — 97 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH RICK ENGINEERING COMPANY FOR ENGINEERING SERVICES RELATED TO WIDENING AND NECESSARY IMPROVEMENTS TO BAY MARINA DRIVE IN THE NATIONAL CITY HARBOR DISTRICT WHEREAS, the Community Development Commission is implementing the National City Redevelopment Plan including the development of the Marina Gateway mixed -use complex in the National City:Harbor District; and WHEREAS, the Community Development Commission desires to amend the current agreement with Rick Engineering Company employing it to complete engineering services related to widening and necessary improvements to Bay Marina Drive to support the Marina Gateway complex development; and WHEREAS, the widening and necessary improvements for Bay Marina Drive were required by and analyzed in the Certified Environmental Impact Report for the Harbor District Specific Area Plan. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of National City hereby authorizes the Chairman to execute an amendment to the agreement with Rick Engineering Company for engineering services related to widening and necessary improvements to Bay Marina Drive in the National City Harbor District. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of May, 2006. ATTEST: Chris Zapif , secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Passed and adopted by the Community Development Commission of National City, California, on May 16, 2006, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: Inzunza. AUTHENTICATED BY: NICK INZUNZA mmunity Development Commission Secretary CoDevelopment Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-97 of the Community Development Commission of the City of National City, California, passed and adopted on May 16, 2006. Secretary Community Development Commission 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 September 12, 2006 Mr. John Goddard Rick Engineering 5620 Friars Road San Diego, CA 92110-2596 Project: National City — Bay Marina Drive Dear Mr. Goddard: Enclosed please find a fully executed original of the First Amendment to the Agreement between the Community Development Commission and Rick Engineering relating to the widening and necessary improvements to Bay Marina Drive. Additionally please find a certified copy of the accompanying Resolution for your records. Should you have any questions, please contact the City Manager's Office at (619) 336-4244. Sincerely, it Michael R. Dall City Clerk MRD Enclosure cc: City Manager File C 2006-25 ® Recycled Paper City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE May 16. 2006 AGENDA ITEM NO 40 (ITEM TITLE RESOLUTION — Approving an Amendment to the Agreement with Rick Engineering Company for engineering services related to widening and necessary improvements to Bay Marina Drive in the National City Harbor District and authorizing the Chairman to execute the Amendment. PREPARED BY David Parsons, Project Manager (619) 336-4297 DEPARTMENT Al Community Development Commission EXPLANATION As Rick Engineering began updating construction documents under its' existing contract with the Community Development Commission's ("CDC"), it was determined both sides of the street would require landscape improvements requiring the preparation of a landscaping plan, not originally budgeted for. The landscaping improvements will require additional coordination and approval of the California Department of Transportation and the California Coastal Commission. The proposed contract amendment will allow staff to move forward with the necessary landscape improvements to Bay Marina Drive as required by Harbor District Specific Plan. Environmental Review The proposed amendment is exempt from CEQA review. Financial Statement Under the terms of the proposed Agreement, the total fee will not exceed $112,500. Funding is budgeted and available in the 2005-06 Fiscal -Year CDC Budget, as adopted and the anticipated 2006-07 Fiscal Year CDC Budget. Account No. J STAFF RECOMMENDATION Adopt the Resolution Approving an Amendment to the Agreement with Rick Engineering Company for engineering services related to widening and necessary improvements to Bay Marina Drive in the National City Harbor District and authorizing the Chairman to execute the Amendment. BOARD / COMMISSION RECOMMENDATION None ATTACHMENTS Resolution No. rii(-)p6 - .-1 1. Background Report 2. Amended Agreement L. ./A-200 (9/80) ATTACHMENT 1 BACKGROUND REPORT In 2002, Rick Engineering Company engineered designs and specifications for widening and necessary improvements to Bay Marina Drive in the National City Harbor District. The widening and improvements were contemplated as part of the multiple redevelopment projects generally called "Marina Gateway" and were included in the Certified Environmental Impact Report for the Harbor District Specific Area Plan. As the first project, the hotel and commercial center, in the Marina Gateway complex was recently approved, implementing the street improvements is now necessary. The improvements must be in place for the hotel to be able to open its doors once built. On December 13, 2005 the CDC Board approved an agreement retaining Rick Engineering Company to complete the project designs in accordance with current standards, to obtain the necessary permits for the project, to work with San Diego Gas and Electric Company regarding undergrounding of utility lines, writing bid documents and assisting in the selection of a construction contractor for the project. Since this project has proceeded several issues have arisen, significantly changing the scope of the current contract with Rick Engineering Company. These include doubling the area of improvements and the preparation of a landscaping plan. This Agreement sets a "not to exceed" amount of $112,500 for services from the effective date until December 15, 2006. This is an increase of $39,600 from the previous contract of $72,900. The Executive Director is authorized to extend the contract for not more than twelve (12) months if necessitated by non -Contractor caused delays, for example: extended review times for outside Agencies such as the California Coastal Commission, California Department of Transportation or San Diego Gas & Electric. Environmental Impact: The widening and improvements for Bay Marina Drive were analyzed as part of the Certified Environmental Impact Report for the Harbor District Specific Area Plan, in accordance with California Environmental Quality Act guidelines. ATTACHMENT 1 FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND RICK ENGINEERING COMPANY THIS AGREEMENT is entered into this 16th day of May, 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and RICK ENGINEERING COMPANY (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to complete engineering related to the widening and necessary improvements to Bay Marina Drive in the National City Harbor District. WHEREAS, the CDC has determined that the CONTRACTOR is a registered civil engineer and is qualified by experience and ability to perform the servicesdesired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC 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 services as set forth in the attached Exhibits A and B. The CONTRACTOR 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 CONTRACTOR shall appear at meetings cited in Exhibits A and B to keep staff and the Community Development Commission advised of the progress on the project. The CDC 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 CDC 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, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Carl Hewings 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 Exhibits A and B shall not exceed $112,500 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CDC. The 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 CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit C, to be completed by December 15, 2006. The Executive Director shall have the authority to extend this agreement for a period of twelve (12) months in the event that circumstances outside of the Contractor's control delay completion of the project. 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 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. 2 Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC 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 CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC 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 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 CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 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 CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'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 CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. 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. 3 8. CONTROL. Neither the CDC 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 CDC, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CDC wholly independent contractors and that the CONTRACTOR'S obligations to the CDC are solely such as are prescribed by this Agreement. 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 level of 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 CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. 4 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 CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 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 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 CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC 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 CDC. 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)through no is, fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession 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 authorized by that third party. 5 The CONTRACTOR 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 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 CDC for any damages caused 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 Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the 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 CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the 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. 6 D. Workers' compensation insurance covering all of CONSULTANT's employees. 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 Toss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and 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 CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agreement. 1. 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 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. 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 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. 7 For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 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 be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the 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 CDC 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 CDC. 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 CDC, 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 CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. 8 E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (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 directed to the following persons: To the CDC: Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4397 To the CONTRACTOR: Rick Engineering Company 5620 Friars Road San Diego CA 92110-2596 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. 9 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 Community Development Commission 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 CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political 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 CDC 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 CDC. ❑ If checked, 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 CDC for all damages, costs or expenses the CDC 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. 10 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 Califomia. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. // // // // // Signature Page to Follow 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT RICK ENGINEERING COMPANY OF THE CITY OF NATIONAL CITY By: By: Nick Inzunza, Chairman John Goddard, Associate Principal APPROVED AS TO FORM: By: George H. Eiser, III Roger Ball, Vice President CDC Legal Counsel 12 TM RICK ENGINEERING COMPANY EXHIBIT "A" Contract Addendum Rick Engineering Company Job No. 12861-K May 1, 2006 Addendum No. 1 Page 1 of 3 Mr. David Parsons Community Development Commission of National City 140 East 12th Street, Suite B National City, California 91950 JOB DESCRIPTION: MARINA DRIVE WIDENING By signing below as indicated, Rick Engineering Company is authorized to expend an additional $39,600.00, bringing the total amount authorized as of this date to $112,500.00, to perform work in conjunction with our contract dated October 12, 2005. SCOPE OF WORK Provide additional engineering and landscape architectural services as follows: I. Landscape Architectural Preliminary Design A. Analysis and research of related requirements to the project site and other pertinent material. B. Design phase will include preliminary layout of proposed streetscape landscape construction improvements. C. Preparation of probable cost estimate of construction for the proposed landscape improvements. D. Preparation of colored conceptual landscape plan graphically indicating proposed streetscape landscape improvements, including sketch details and elevations. II. Meetings & Consultation Meeting with the City and other agencies to review design phase in support of the Community Development Commission's coordination with the Coastal Commission. RECEIVED [p� ryry €fl.9 MAY Community Development Commission CSH:sr:K:Job Files\12861\K\Addenda\Add 1 Mr. David Parsons May 1, 2006 Page 2 of 3 III. Landscape Construction Document Phase Landscape construction documents containing the following will be prepared for submittal to the City for review and comment. Landscape construction document phase will include necessary coordination with City and other design team members. A. Landscape Construction Plans & Details Includes: Identifying construction improvements, preparation of construction details and finish schedule. Construction improvements will include landscape improvements indicated in the conceptual landscape plan prepared in the design phase, such as tree grates and raised planters. B. Irrigation Plans Includes: Diagrammatic layout of landscape irrigation piping, valves, control equipment, sprinkler heads and related equipment for the irrigation of planted area, specifically calling out pipe and equipment sizing and types, brand and model. This will also include necessary details for the installation of the system. C. Planting Plans Includes: Graphic location and identification of plant materials to be used, including quantities, sizes, varieties and planting details for site conditions. D. Specifications Includes: Material and installation specifications for improvements indicated for the project. Specifications shall include method of installation and set quality standards for materials and workmanship for the finished product. N. Landscaping Site Observation / Bidding & Construction Administration Includes: Assistance with Client in bidding administration of this project. Construction administration shall include necessary addenda, change orders, site observation visits/reports and preparation of as -built drawings. V. Additional Civil Construction Documents A. Prepare additional improvement plans for new curb, gutter and sidewalk for the north side of Bay Marina Drive from Harrison Avenue to Cleveland Avenue. B. Prepare additional lighting plans for the north side of Bay Marina Drive from Harrison Avenue to Cleveland Avenue. C. Prepare additional traffic control plans for the improvements along the north side of Bay Marina Drive noted above. CSH:sr:K:Job Files112861 \K\Addenda\Add 1 Mr. David Parsons May 1, 2006 Page 3 of 3 FEE SCHEDULE: I. Design Phase (Fixed Fee) II. Meetings & Consultation (Time & Materials, Not to Exceed) III. Landscaping Construction Document Phase (Fixed Fee) IV. Landscaping Site Observation/Bidding & Construction Administration (Time & Materials, Not to Exceed) V. Civil Construction Documents (Fixed Fee) All other provisions of the original contract are to remain unchanged. Authorized RICK E Signature: Approved John D. oddard, Jr., ' ' 33 37 $ 6,400.00 $ 6,000.00 $ 9,200.00 $ 3,000.00 $ 15,000.00 Total $ 39,600.00 Date: April 11, 2006 Title: Associate Principal Date: Signature: Title: Please sign and return a copy to RICK ENGINEERING COMPANY EXHIBIT "B" September 8, 2005 Revised: October 12, 2005 Ms. Patricia Beard Community Development Commission, City of National City 140 East 12th Street, Suite B National City, California 91950 SUBJECT: PROPOSAL FOR ENGINEERING SUPPORT FOR MARINA DRIVE BID PACKAGE (RICK ENGINEERING COMPANY JOB NUMBER 12861-K) Dear Pat: At your request, we are pleased to provide you with this proposal to provide engineering support services for the subject project. We propose to furnish the following services for the compensation listed below. SCOPE OF WORK 1. Provide engineering and computing support to revise construction drawings to show the proposed alignment of the driveway into the proposed Marina Gateway Hotel site on the improvement plans and revise the curb return profiles. 2. Provide engineering and computing support to revise construction drawings showing the traffic signal plans at Cleveland Avenue and Marina Drive. 3. Provide engineering and computing support to revise construction drawings showing proposed traffic control to reflect the new driveway location noted above. l6 Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page 2of16 4. Provide engineering support to coordinate with Caltrans regarding the existing encroachment permit for the subject project. This assumes Caltrans will update the expired permit with no revisions. 5. Provide engineering support to coordinate with SDG&E regarding the proposed undergrounding of overhead utilities for the subject project. 6. Prepare an Opinion of Probable Construction Costs for the plan prepared for the widening of Bay Marina Drive. 7. Storm Water Pollution Prevention Plan (SWPPP) A. Prepare a Notice of Intent (NOI) and provide to Client for execution and submittal to the State Water Resources Control Board (SWRCB). Client to provide submittal fee. B. Prepare one SWPPP based on the information presented in the SWRCB Order No. 99-08-DWQ National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 (adopted August 19, 1999). The SWPPP will include the following: 1) Vicinity Map using GIS. 2) Exhibits showing existing and/or proposed grading, on -site erosion control measures, areas of cut and fill, major drainage patterns, points of discharge, existing and ultimate impervious areas, vegetated areas (existing), and post - construction Best Management Practices (BMPs). Three exhibits will be prepared which address the requirements of the SWPPP as follows: (a) Temporary BMPs for precise grading. (b) Post -construction BMPs. 3) A narrative description of the project; including size, areas by percent of impervious surfaces prior to and after completion of construction, corresponding runoff coefficients, assessment of potential pollutants of concern, construction practices to reduce pollutants, soils stabilization practices, desilting practices and post -construction BMPs. 4) A copy of the NOE and Waste Discharge Identification Number (WDID) for the project. Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page 3of16 Procedures to monitor, maintain and repair erosion and sediment control structures and post -construction BMPs. 6) Guidelines to train personnel to monitor and conduct inspections. 7) A copy of separate forms for amendments to the SWPPP, compliance certification, training logs, inspection checklists, contractors and/or personnel responsible for the compliance and implementation of the SWPPP. 8) A copy of the NPDES Permit, Change of Information (COI) form, Notice of Termination (NOT) form, and excerpts from the California Regional Water Quality Control Board San Francisco Bay Region Erosion and Sediment Control Field Manual, Fourth Edition, August 2002. C. Provide coordination with the Client to obtain information necessary for completion of the SWPPP (ie, soils report information, drainage study and drainage map, owner information, site information, construction materials information, post-BMP information, etc.). D. Prepare a Storm Water Sampling and Analysis Strategy (SWSAS) based on the information presented in the Fact Sheet for Water Quality Order 99-08-DWQ, SWRCB, NPDES General Permit for Storm Water Associated with Construction Activity (General Permit): Sampling Analysis. 1) The SWSAS will identify storm water monitoring locations based on the assumed completion of grading, surface improvements, and drainage improvements pursuant to existing plans for grading and improvements. During all other interim conditions of project construction, the contractor will be responsible for determining and identifying on the SWSAS Location Map the locations where storm water leaves the site and where samples will be collected. 2) The SWSAS will include the following: a) List of objectives and narrative description regarding methods to meet objectives. b) List and description of sampling locations (included on the SWSAS Location Map). c) List of monitoring analytes and specific sampling requirements for the monitoring of analytes. 18 Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page 4 of 16 d) Description of field sample collection methods. e) Description of possible visual observation of sample and source. f) Recommendations for quality assurance and quality control of samples. g) Description of reporting requirements. h) Sample collection record -keeping worksheets to include: (i) Sampling event records; (ii) Checklist of sampling equipment; (iii) Visual observation checklist. i) Identification of storm water monitoring locations from grading/ improvement plans / drainage study map. E. Provide services to attend one four-hour on -site SWPPP/SWSAS training session for contractor and owner and applicable on -site personnel. This training will include SWPPP/SWSAS implementation as well as other issues related to the Construction Storm Water General Permit. 8. Review Analytical Results Perform one review of the analyitical results provided by the Client from the Client's anlayitical laboratory after a storm event. Contact the analytical laboratory to resolve quality assurance /quality control issues, which may arise during the review of anlayitical results. Discuss results with the Owner or Contractor. Prepare a letter to the Client summarizing review of analytical laboratory results. This excludes summarizing any corrective actions performed by the Client as a result of Rick Engineering Company's review of analytical laboratory results. 9. Annual On -Site Training Provide services to attend one annuarl on -site SWPPP/SWSAS training session for Contractor and Owner. Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page 5 of 16 10. Miscellaneous Servies Associated with the SWSAS Provide assistance to Client and contractor in implenenting required actions in response to analayitical results (this item includes services required for field visits, preparation of corrective action reports, and processing of reports with the Regional Water Quality Control Board (RWQCB) or other agencies. 11. Change of Information (COI) If required, complete a Change of Information (COI) form pursuant to information provided by the Client to Rick Engineering Company regarding selling, acquisition of property or when a phase within a multi -family phase has been completed as it pertains to the Notice of Intent (NOI). 12. Notice of Termination (NOT) Prepare a Notice of Termination (NOT) 13. Bid Documents Provide engineering support to update bid documents based on the revised boilerplate provided by CDC on August 16, 2005, and repackage bid sets for contractors. 14. Construction Support Provide engineering support for construction administration on behald the Community Development Commission (CDC) to include the following: A. Bidding & Negotiation Phase Assist the CDC with the public bidding of the improvement package. Services to include the following: 1) Attend pre -bid meeting. 2) Interpret and clarify bid documents. 3) Review contractor bids. Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page 6of16 B. Construction Phase Provide construction support services to the CDC for all portions of the proposed improvements. Services to include the following: 1) Interpret/clarify construction documents for processing Requests for Information (RFI's) for concrete, asphalt, base materials, lighting, signal equipment, storm drain pipe and structures and landscaping and irrigation materials and equipment. 2) Distribute plan revisions. 3) Review of change order requests and prepare change order cost estimates. 4) Attend project status meetings and other requested meetings. 5) Perform general site observations. 6) Review/process show drawings and test reports. 7) Coordinate wet and dry utility and landscape and irrigation subconsultants. C. Project Closeout Phase Prepare and process through the City of National City as -built plans for the improvements. As -built plans will be based on a field site visit and on the construction records provided by contractors, subconsultants and public agencies. FEE Our fee for the above -described work would be on a time and materials basis per our current Schedule of Hourly Rates (attached) not to exceed the amount shown without your prior authorization. For progress billing purposes, the labor fee shall be divided as follows: 1. Driveway Alignment Construction Drawings $ 3,500.00 2. Traffic Signal Construction Drawings $ 8,000.00 3. Traffic Control Construction Drawings $ 1,000.00 4. Encroachment Permit $ 5,000.00 5. Coordination with SDG&E $ 5,000.00 Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page 7 of 16 6. Opinion of Probable Construction Cost 7. Storm Water Pollution Prevention Plan (SWPPP) 8. Review Analytical Results 9. Annual On -Site SWPPP Training $ 1,000.00 $ 8,000.00 $ 1,000 per Storm Event $1,000 per Training Session 10. Miscellaneous Services Associate with the SWSAS 11. Change of Information (COI) 12. Notice of Termination (NOT) 13. Update Bid Documents 14. Limited Construction Administration Support A. Bidding & Negotiation Support B. Construction Phase C. Project Closeout EXCEPTIONS Time & Materials Time & Materials Time & Materials $ 2,500.00 $ 4,250.00 $ 28,240.00 $ 6,410.00 Total: $ 72,900.00 Not included in either the above scope of work or fee are for the following items: 1. Changes in the scope of work directed and authorized start of work. services which may be necessary by the Client, in writing, after the 2. Environmental work of any nature. 3. Inspection services. 4. Job site safety services. 5. Preparation of a Post -Construction Storm Water Operation and Management Plan. Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page 8of16 6. Pre-, Post- and During Storm Event Inspections. (It is assumed that the superintendent will perform these inspections/reports.) 7. Meetings or consultation outside the above scope of work. 8. Collection of storm water samples. 9. Selection of, and coordination with analytical laboratory other than as specifically set forth above. 10. Amendments based upon new guidance or interpretation of regulations. 11. Soils engineering services. 12. Preparation of revisions to landscape and/or irrigation plans. 13. Preparation of revisions to electrical plans. 14. Construction adminstation for landscaping and irrigation and electrical plans. 15. As -built preparation. 16. Construction staking. Any printing and miscellaneous processing fees are extra and not a part of this agreement. Also not included are any items not specifically referred to above. Fees and expenses will be billed monthly as the work progresses and the net amount shall be due within thirty (30) days from the date of receipt of the invoice in the Client's office. The enclosed Standard Provisions of Agreement are incorporated herein and made a part of this agreement. If notice is delayed for any reason beyond sixty (60) days, it is understood by the parties that the terms and conditions contained herein are subject to revision. c23 Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page 9of16 If you would like us to proceed on this work as outlined above, we ask that you please sign and return this agreement as our written authorization. If you have any questions regarding this agreement, please contact either Carl Hewings or me directly. Thankyou for requesting Rick Engineering Company to provide these services. Sincerely, RICK ENGINEERING COMPANY John D. Goddard, Jr. Associate Principal RCE 33037 JDG:CSH:sr:K:Proposals\Marina Drive Attachments APPROVED BY: Signature Date EXHIBIT "C" Proposed Bay Marina Drive Widening Schedule Task Start Duration Finish Update Construction Documents Notice to Proceed — 5/17/06 1 Month 6/15/06 Agency/City Review 6/15/06 1 Month 7/15/06 Public Bid Period Phase 7/15/06 1 Month 8/15/06 Construction Phase 8/15/06 3 Months 11/15/06 Project Close -Out 11/15/06 1 Month 12/15/06 These dates are tentative and dependent upon receiving the required approvals and authorization from regulatory agencies such as the California Department of Transportation, California Coastal Commission and San Diego Gas & Electric. RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH RICK ENGINEERING COMPANY FOR ENGINEERING SERVICES RELATED TO WIDENING AND NECESSARY IMPROVEMENTS TO BAY MARINA DRIVE IN THE NATIONAL CITY HARBOR DISTRICT WHEREAS, the Community Development Commission is implementing the National City Redevelopment Plan including the development of the Marina Gateway mixed -use complex in the National City Harbor District; and WHEREAS, the Community Development Commission desires to amend the current agreement with Rick Engineering Company employing it to complete engineering services related to widening and necessary improvements to Bay Marina Drive to support the Marina Gateway complex development; and WHEREAS, the widening and necessary improvements for Bay Marina Drive were required by and analyzed in the Certified Environmental Impact Report for the Harbor District Specific Area Plan. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of National City hereby authorizes the Chairman to execute an amendment to the agreement with Rick Engineering Company for engineering services related to widening and necessary improvements to Bay Marina Drive in the National City Harbor District. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of May, 2006. Nick Inzunza, Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel