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HomeMy WebLinkAbout2007 CON CDC Rick Engineering Company - Engineering Services Bay Marina DriveAGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND RICK ENGINEERING COMPANY THIS AGREEMENT is entered into this 6th day of March, 2007, 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 provide engineering services related to improvements to Bay Marina Drive. WHEREAS, the CDC has determined that the CONTRACTOR is a civil engineering firm 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 Exhibit "A". 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 required to complete the scope of work cited in Exhibit "A" to keep staff and the Community Development Commission advised of the progress on the project. All necessary tasks to complete the updated traffic study ("2030") per Caltrans will be completed by April 23, 2007. The permit application for the Caltrans encroachment permit shall be submitted to Caltrans no later than May 1, 2007. This date may be extended depending on the results of the traffic study and resulting redesign if required. Revised August 2005 In the case such an extension is needed, written authorization of the Executive Director shall be required. 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 15% 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. John Goddard thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A" shall not exceed the schedule given in Exhibit "A" (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 herein in Section 2 of this Agreement. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. 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. 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 2 Revised August 2005 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 employees 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. 8. CONTROL. Neither the CDC nor itsofficers, 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. 3 Revised August 2005 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 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 4 Revised August 2005 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, 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 5 Revised August 2005 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 CONTRACTOR'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 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 Agree- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the 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 6 Revised August 2005 arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 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. 7 Revised August 2005 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: To the CONTRACTOR: Patricia Beard Redevelopment Manager Community Development Commission of the City of National City 1243 National City Blvd. National City, CA 91950 John Goddard, Associate Principal 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. 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 8 Revised August 2005 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. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 9 Revised August 2005 I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto, shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with, or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman APPROVED AS TO FORM: JIC George H iser, Ill CDC Legal Counsel RICK ENGINEERING COMPANY) (Corporation — signatures of two corporate officers) (Partnership — one sign. ure) (Sole propriet • — on- ignatu) By:fr n Go. ,ard (Associate Principal) 7 �" By: ." (Name)441. gR'"'e12___ l i t c.Ee-S . (Title) 10 Revised August 2005 RICK ENGINEERING; COMPANY February 27, 2007 Ms. Patricia Beard Community Development Commission, City of National City 1243 National City Boulevard National City, California 91950 SUBJECT: PROPOSAL FOR BAY MARINA DRIVE WIDENING (RICK ENGINEERING COMPANY JOB NUMBER 12861-L) Exhibit "A" 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 I. Encroachment Permit (Phase 117.1) A. Provide engineering support to coordinate with Caltrans regarding the filing of a new encroachment permit for the subject project due to the expiration of the existing permit. B. Provide engineering design services to update grading/improvement plans to current Caltrans Standard Plans and Specifications. C. Provide engineering design services to update drainage study to current Caltrans drainage design criteria. D. Provide engineering services to update bid documents within the Caltrans right-of- way due to plan revisions. E. Provide engineering services to process of plans through Caltrans. 56211 Friars Road • San Diego, California 921 IU 2596 • (619) 291-0707 • FAX: (619) 291-416.5 • rirkengineering.rom SAN DIEGO RIVERSIDE ORANGE SACRAMENTO PHOENIX TUCSON Ms. Patricia Beard February 27, 2007 Page 2 of 8 II. Signal Modification Plan Preparation (Phase 62.1) Rick Engineering Company will design the signal modification per standards mentioned in the California Manual of Uniform traffic Control Devices (MUTCD). The traffic signal modification plan will be prepared on 24" x 36" sheet at a scale of 1"=20'. A striping plan will be prepared on a 24" x 36" sheet at a scale of 1"=40'. It is anticipated that the plan set will involve two sheets: a traffic signal modification plan and a signing/striping plan. Upon final approval of the plans, 24" x 36" mylar sheets, stamped and signed by a State of California Registered Civil Engineer will be provided to the City of National City. III. Traffic Study (Phase 62.2) Pursuant to the January 4, 2007, letter from the City of National City Planning Department regarding the Bay Marina Drive Widening Project, Case CDP 2006-1, the following outlines the scope of work to provide an updated traffic study for the above - referenced project. The previous studies were conducted in 1999. The updated study proposes to analyze Bay Marina Drive between Tidelands Avenue and Interstate 5 with current 2007 traffic volumes and year 2030 buildout traffic volumes. A. Data Collection 1. Obtain and review relevant traffic studics/EIRs within the project area from the City of National City/Caltrans records, including the 24`h Street Widening Project Transportation Analysis prepared in 1999. 2. Verify existing site data in terms of surrounding street system, parking and traffic control type at the project area intersections. 3. Conduct existing AM/PM peak hour turning movement counts at the following intersections: • Bay Marina Drive / Tidelands Avenue • Bay Marina Drive / Ilaffly Avenue • Bay Marina Drive / Marina Way • Bay Marina Drive / Cleveland Avenue • Bay Marina Drive / I-5 Southbound Ramps • Bay Marina Drive / I-5 Northbound Ramps • Bay Marina Drive / Wilson Avenue Ms. Patricia Beard February 27, 2007 Page 3 of 8 4. Conduct 7-day, 24-hour machine counts at the following locations: • Bay Marina Drive, west of Tidelands Avenue • Bay Marina Drive, between Tidelands Avenue & Marina Way • Bay Marina Drive, between Marina Way & Cleveland Avenue • Bay Marina Drive, between Cleveland Avenue & 1-5 • Bay Marina Drive, between I-5 & Wilson Avenue • Tidelands Avenue, north of Bay Marina Drive • Tidelands Avenue, south of Bay Marina Drive • Marina Way, south of Bay Marina Drive • Cleveland Avenue, north of Bay Marina Drive 5. Obtain projected future traffic volumes for intersections and roadways within the project area from City of National City, Caltrans records and/or relevant traffic studies. 6. Obtain future roadway and intersection geometries for the facilities within the project area from City of National City, Caltrans records and/or relevant traffic studies. 7. Obtain a 2030 Transportation Forecast within the immediate project area from SANDAG. Coordinate with City of National City staff to verify project area land use assumptions in 2030. B. Traffic Analysis 1. Existing Conditions (a) Conduct an existing AM/PM peak hour intersection analysis at the study intersections using the 2000 Highway Capacity Manual (HCM) methodologies. Analysis will account for vehicle, truck, bicycle and pedestrian traffic. (b) Conduct existing AM/PM peak hour Intersecting Lane Vehicle (ILV) calculations at the Bay Marina Drive / I-5 interchange using the Caltrans Highway Design Manual methodologies. (c) Conduct an existing daily street segment analysis at the study roadway using the City of National City Street Design Standards. 2. Buildout (2030) (a) Perform 2030 AM/PM peak hour intersection analysis at the study intersections using the 2000 Highway Capacity Manual (HCM) Ms. Patricia Beard February 27, 2007 Page 4 of 8 methodologies. Analysis will account for vehicle, truck, bicycle and pedestrian traffic. (b) Perform 2030 AM/PM peak hour Intersecting Lane Vehicle (ILV) calculations at the Bay Marina Drive / I-5 interchange using the Caltrans Highway Design Manual methodologies. (c) Conduct a 2030 daily street segment analysis at the study roadways using the City of National City Street Design Standards. C. Traffic Analysis Report 1. Prepare a draft traffic analysis report with required text, tables, exhibits and analysis calculations for City/Caltrans review. 2, Prepare a final traffic analysis report based upon City/Caltrans editorial comments and resubmit. D. Meetings 1. Attend meetings at Client's request to present to review traffic analysis results, issues or City comments (not to exceed 6 hours without further authorization). 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. Encroachment Permit $ 17,000.00 (Time & Materials, Not to Exceed) II. Signal Modification Plan Preparation $ 9,500.00 (Time & Materials, Not to Exceed) III. Traffic Study (Time & Materials, Not to Exceed) A. Data Collection B. Traffic Analysis C. Traffic Analysis Report $ 1,800.00 $ 6,000.00 $ 2,000.00 Ms. Patricia Beard February 27, 2007 Page 5 of 8 D. Meetings Traffic -Related Direct Expenses • AM/PM Intersection Counts • 7-Day, 24-Hour Intersection Count • 2030 Transportation Model EXCEPTIONS 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. $ 850.00 $ 1,600.00 $ 3,400.00 $ 1,500.00 Total: $ 43,650.00 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. 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. Ms. Patricia Beard February 27, 2007 Page 6 of 8 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. 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. 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 Reiggie Marientes or me directly. Thank you for requesting Rick Engineering Company to provide these services. Sincerely, ENGI hn D. Goddard, Jr. ssociate Principal RCE 33037 ANY JDC:CSI I:sr:K:Proposals\Marina Drive Widening (12861-L) Attachments APPROVED BY: Signature Date TM RICK ENGINEERING COMPANY Page 7 of 8 Hourly Rates - California Offices February 24, 2007 - August 27, 2007 ENGINEERING Principal Consultant (Special Projects) S175.00 Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Principal Project Engineer/Manager 125.00 Associate Project Engineer/Manager 120.00 Assistant Project Engineer/Manager 110.00 Principal Engineering Designer 102.00 Associate Engineering Designer 97.00 Assistant Engineering Designer 92.00 Principal Engineering Drafter 84.00 Associate Engineering Drafter 77.00 Assistant Engineering Drafter 69.00 CONSTRUCTION MANAGEMENT Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Principal Construction Engineer/Manager 125.00 Associate Construction Engineer/Manager 120.00 Assistant Construction Engineer/Manager 110.00 Principal Construction Technician 102.00 Associate Construction Technician 97.00 Assistant Construction Technician 92.00 TRANSPORTATION Principal 160.00 Associate Principal 150.00 Principal Transportation Engineer 125.00 Associate Transportation Engineer 120.00 Assistant Transportation Engineer 110.00 Principal Transportation Designer 102.00 Associate Transportation Designer 97.00 Assistant Transportation Designer 92.00 PLANNING Principal 160.00 Associate Principal 150.00 Director of Planning 140.00 Principal Project Planner 140.00 Senior Project Planner 120.00 Assistant Project Planner 110.00 Senior Planner 102.00 Associate Planner 97.00 Assistant Planner 92.00 Senior Planning Technician 84.00 Associate Planning Technician 77.00 Assistant Planning Technician 69.00 Planning Assistant 55.00 WATER RESOURCES Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Principal Project Engincer/Manager 125.00 Associate Project Engineer/Manager 120.00 Assistant Project Engineer/Manager 110.00 Principal Water Resources Designer 102.00 Associate Water Resources Designer 97.00 Assistant Water Resources Designer 92.00 LANDSCAPE ARCHITECTURE Principal $ l 50.00 Associate Landscape Architect 135.00 Principal Project Landscape Architect/Manager 120.00 Associate Project landscape Architect/Manager 110.00 Assistant Project Landscape Architect/Manager 100.00 Principal Irrigation Designer 110.00 Principal Landscape Designer 92.00 Associate Landscape Designer 87.00 Assistant Landscape Designer 82.00 Principal Landscape Drafter 71.00 Associate Landscape Drafter 66.00 Assistant Landscape Drafter 60.00 ENVIRONMENTAL SERVICES Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Principal Environmental Project Manager 125.00 Associate Environmental Project Manager 120.00 Assistant Environmental Project Manager 110.00 Principal Environmental Specialist 102.00 Associate Environmental Specialist 97.00 Assistant Environmental Specialist 92.00 Environmental Technician 69.00 FORENSIC SERVICES Expert Witness 300.00 Court Appearance per half day or part 1,200.00 Principal Consultant 175.00 Associate Principal 150.00 Associate/Manager 140.00 PHOTOGRAMMETRY Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Photogrammetry Supervisor 130.00 Principal Photogrammetrist 100.00 Associate Photogrammetrist 90.00 Assistant Photogrammetrist 88.00 When authorized, overtime shall be charged at the listed rates times 1.3. Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses. A ten (10) percent fee fur administration, coordination and handling will be added to all subcontracted services. TM RICK ENGINEERING COMPANY GIS SERVICES Hourly Rates — California Offices February 24, 2007 — August 27, 2007 Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Principal GIS Analyst 100.00 Associate GIS Analyst 95.00 Assistant GIS Analyst 88.00 Principal Computer Graphics Editor 83.00 Associate Computer Graphics Editor 78.00 Assistant Computer Graphics Editor 68.00 SURVEYING Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Field Supervisor 125.00 One -person Survey Party 110.00 Two -person Survey Party 190.00 Three -person Survey Party 250.00 Prevailing wage rates for Survey Parties slightly higher. MAPPING/COMPUTING Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Computing & Mapping Director 125.00 Principal Survey Analyst 115.00 Associate Survey Analyst 100.00 Assistant Survey Analyst 85.00 UPS Pre-planning/Post-processing 115.00 GPS Survey Party 80.00/person/hour ADMINISTRATIVE SERVICES Associate Project Administrator 55.00 Assistant Project Administrator 38.00 Administrative Assistant 55.00 When authorized, overtime shall he charged at the listed rates times 1.3. t Inless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses. A ten (10) percent fee for administration, coordination and handling will be added to all subcontracted services. • RESOLUTION NO. 2007 — 38 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH RICK ENGINEERING COMPANY FOR ENGINEERING SERVICES RELATED TO NECESSARY IMPROVEMENTS TO BAY MARINA DRIVE, NOT TO EXCEED $43,650 WHEREAS, the Community Development Commission of the City of National City (CDC) 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 CDC desires to employ a contractor to complete engineering related to 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; and WHEREAS, the CDC has determined that Rick Engineering Company is a registered civil engineering firm that is qualified by experience and ability to provide engineering services for this project. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby approves the Agreement with Rick Engineering Company for engineering related to improvements to Bay Marina Drive, not to exceed $43,650. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of March, 20 APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Ron Morrison, Chairman Passed and adopted by the Community Development Commission of the City of National City, California, on March 6, 2007, by the following vote, to -wit: Ayes: Commissioners Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Zarate. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission Secreta evelopment Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-38 of the Community Development Commission of the City of National City, California, passed and adopted on March 6, 2007. Secretary, Community Development Commission By: Deputy City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 6, 2007 14 AGENDA ITEM NO. ITEM TITLE A resolution approving an agreement with Rick Engineering Company for engineering related to necessary improvements to to exceed $43.650. PREPARED BY Patricia Beard (ext 4255) Redevelopment Manager DEPARTMENT ay Marina Drive not Community Development Commission EXPLANATION The CDC and Marina Gateway Development Company, LLC are completing assigned responsibilities of a Disposition and Development Agreement ("DDA") to develop the Marina Gateway Hotel and Commercial Project on 6.5 acres at 2501 and 2510 Cleveland Avenue. One of CDC's responsibilities prior to building permits being issued for the project is to obtain a Coastal Development Permit ("CDP") to construct improvements to Bay Marina Drive required by the Harbor District Specific Area Plan ("HDSAP"). The road improvements must be constructed prior to an occupancy permit being issued for the project. The proposed contract is additional to two contracts previously in place for design of the Bay Marina Drive project. The scope of work would provide an updated traffic study, being required by Caltrans prior to issuance of the CDP as well as a Caltrans encroachment permit required to actually construct the improvements. Environmental Review The Bay Marina Drive improvement was analyzed per the California Environmental Quality Act as part of the Certified Environmental Impact Report for HDSAP. Financial Statement This contract will cost $43,650. Total cost for design of the Bay Marina Drive improvements, including this proposed scope of work, is now estimated at $156,130. -&.4.i ut Account No 9 STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Resolution No. ''O°' - 1. Proposed Agreement with Rick Engineering Company AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND RICK ENGINEERING COMPANY THIS AGREEMENT is entered into this 6th day of March, 2007, 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 provide engineering services related to improvements to Bay Marina Drive. WHEREAS, the CDC has determined that the CONTRACTOR is a civil engineering firm 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 Exhibit "A". 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 required to complete the scope of work cited in Exhibit "A" to keep staff and the Community Development Commission advised of the progress on the project. All necessary tasks to complete the updated traffic study ("2030") per Caltrans will be completed by April 23, 2007. The permit application for the Caltrans encroachment permit shall be submitted to Caltrans no later than May 1, 2007. This date may be extended depending on the results of the traffic study and resulting redesign if required. Revised August 2005 In the case such an extension is needed, written authorization of the Executive Director shall be required. 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 15% 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. John Goddard thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A" shall not exceed the schedule given in Exhibit "A" (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 herein in Section 2 of this Agreement. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. 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. 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 2 Revised August 2005 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 employees 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. 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. 3 Revised August 2005 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 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 4 Revscd August 2005 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, 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 5 Revised August 2005 'f' 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 CONTRACTOR'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 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 Agree- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the 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 6 Revised August 2005 arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense 'of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 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. 7 Revised August 2005 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: To the CONTRACTOR: Patricia Beard Redevelopment Manager Community Development Commission of the City of National City 1243 National City Blvd. National City, CA 91950 John Goddard, Associate Principal 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. 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 8 Revised August 2005 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. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 9 Revised August 2005 In I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto, shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with, or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT RICK ENGINEERING COMPANY) OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman APPROVED AS TO FORM: George H. Eiser, Ill CDC Legal Counsel (Corporation — signatures of two corporate officers) (Partnership — one sign. ure) (Sole propret.j. — on= ignatu) By: J n Godard Oct (_ice'' (Associate Principal) By: 7 - -' g (Name) 44 i1g.A+^+€"2._ nz,,..,G t ' — / 'J L ??t . (Title) II 10 Revised August 2005 TM NOINEERING COMPANY February 27, 2007 Ms. Patricia Beard Community Development Commission, City of National City 1243 National City Boulevard National City, California 91950 SUBJECT: PROPOSAL FOR BAY MARINA DRIVE WIDENING (RICK ENGINEERING COMPANY JOB NUMBER 12861-L) Exhibit "A" 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 I. Encroachment Permit (Phase 117.1) A. Provide engineering support to coordinate with Caltrans regarding the filing of a new encroachment permit for the subject project due to the expiration of the existing permit. B. Provide engineering design services to update grading/improvement plans to current Caltrans Standard Plans and Specifications. C. Provide engineering design services to update drainage study to current Caltrans drainage design criteria. D. Provide engineering services to update bid documents within the Caltrans right-of- way due to plan revisions. E. Provide engineering services to process of plans through Caltrans. 5620 Friars Road • San Diego, California 92110-2596 • (619) 291-0707 • FAX: (619) 291-4165 • rickengineering.com SAN DIEGO RIVERSIDE ORANGE SACRAMENTO PHOENIX TUCSON /2 Ms. Patricia Beard February 27, 2007 Page 2 of 8 II. Signal Modification Plan Preparation (Phase 62.1) Rick Engineering Company will design the signal modification per standards mentioned in the California Manual of Uniform traffic Control Devices (MUTCD). The traffic signal modification plan will be prepared on 24" x 36" sheet at a scale of 1"=20'. A striping plan will be prepared on a 24" x 36" sheet at a scale of 1 "=40'. It is anticipated that the plan set will involve two sheets: a traffic signal modification plan and a signing/striping plan. Upon final approval of the plans, 24" x 36" mylar sheets, stamped and signed by a State of California Registered Civil Engineer will be provided to the City of National City. III. Traffic Study (Phase 62.2) Pursuant to the January 4, 2007, letter from the City of National City Planning Department regarding the Bay Marina Drive Widening Project, Case CDP 2006-1, the following outlines the scope of work to provide an updated traffic study for the above - referenced project. The previous studies were conducted in 1999. The updated study proposes to analyze Bay Marina Drive between Tidelands Avenue and Interstate 5 with current 2007 traffic volumes and year 2030 buildout traffic volumes. A. Data Collection 1. Obtain and review relevant traffic studies/ElRs within the project area from the City of National City/Caltrans records, including the 24th Street Widening Project Transportation Analysis prepared in 1999. 2. Verify existing site data in terms of surrounding street system, parking and traffic control type at the project area intersections. 3. Conduct existing AM/PM peak hour turning movement counts at the following intersections: • Bay Marina Drive / Tidelands Avenue • Bay Marina Drive / Haffly Avenue • Bay Marina Drive / Marina Way • Bay Marina Drive / Cleveland Avenue • Bay Marina Drive / 1-5 Southbound Ramps • Bay Marina Drive / 1-5 Northbound Ramps • Bay Marina Drive / Wilson Avenue /3 Ms. Patricia Beard February 27, 2007 Page 3 of 8 4. Conduct 7-day, 24-hour machine counts at the following locations: • Bay Marina Drive, west of Tidelands Avenue • Bay Marina Drive, between Tidelands Avenue & Marina Way • Bay Marina Drive, between Marina Way & Cleveland Avenue • Bay Marina Drive, between Cleveland Avenue & I-5 • Bay Marina Drive, between I-5 & Wilson Avenue • Tidelands Avenue, north of Bay Marina Drive • Tidelands Avenue, south of Bay Marina Drive • Marina Way, south of Bay Marina Drive • Cleveland Avenue, north of Bay Marina Drive 5. Obtain projected future traffic volumes for intersections and roadways within the project area from City of National City, Caltrans records and/or relevant traffic studies. 6. Obtain future roadway and intersection geometries for the facilities within the project area from City of National City, Caltrans records and/or relevant traffic studies. 7. Obtain a 2030 Transportation Forecast within the immediate project area from SANDAG. Coordinate with City of National City staff to verify project area land use assumptions in 2030. B. Traffic Analysis 1. )existing Conditions (a) Conduct an existing AM/PM peak hour intersection analysis at the study intersections using the 2000 Highway Capacity Manual (HCM) methodologies. Analysis will account for vehicle, truck, bicycle and pedestrian traffic. (b) Conduct existing AM/PM peak hour Intersecting Lane Vehicle (JLV) calculations at the Bay Marina Drive / I-5 interchange using the Caltrans Highway Design Manual methodologies. (c) Conduct an existing daily street segment analysis at the study roadway using the City of National City Street Design Standards. 2. Buildout (2030) (a) Perform 2030 AM/PM peak hour intersection analysis at the study intersections using the 2000 Highway Capacity Manual (HCM) Ms. Patricia Beard February 27, 2007 Page 4 of 8 C. D. FEE (b) methodologies. Analysis will account for vehicle, truck, bicycle and pedestrian traffic. Perform 2030 AM/PM peak hour Intersecting Lane Vehicle (ILV) calculations at the Bay Marina Drive / I-5 interchange using the Caltrans Highway Design Manual methodologies. (c) Conduct a 2030 daily street segment analysis at the study roadways using the City of National City Street Design Standards. Traffic Analysis Report 1. Prepare a draft traffic analysis report with required text,tables, exhibits and analysis calculations for City/Caltrans review. 2. Prepare a final traffic analysis report based upon City/Caltrans editorial comments and resubmit. Meetings 1. Attend meetings at Client's request to present to review traffic analysis results, issues or City comments (not to exceed 6 hours without further authorization). Our fee for the above -described work would be on a time Schedule of Hourly Rates (attached) not to exceed the authorization. For progress billing purposes, the labor fee I. Encroachment Permit (Time & Materials, Not to Exceed) II. Signal Modification Plan Preparation (Time & Materials, Not to Exceed) III. Traffic Study (Time & Materials, Not to Exceed) A. Data Collection B. Traffic Analysis C. Traffic Analysis Report and materials basis per our current amount shown without your prior shall be divided as follows: $ 17,000.00 $ 9,500.00 S 1,800.00 $ 6,000.00 $ 2,000.00 16" Ms. Patricia Beard February 27, 2007 Page 5 of 8 D. Meetings $ 850.00 Traffic -Related Direct Expenses • AM/PM Intersection Counts $ 1,600.00 • 7-Day, 24-Hour Intersection Count $ 3,400.00 • 2030 Transportation Model $ 1,500.00 Total: $ 43,650.00 EXCEPTIONS Not included in either the above scope of work or fee are services which may be necessary for the following items: 1. Changes in the scope of work directed and authorized by the Client, in writing, after the start of work. 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. 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. 1. Ms. Patricia Beard February 27, 2007 Page 6 of 8 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. 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. 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 Reiggie Marientes or me directly. Thank you for requesting Rick Engineering Company to provide these services. Sincerel INEE ohn D. Goddard, Jr. sociate Principal RCE 33037 JDG:CSH:sr:K:Proposals\Marina Drive Widening (12861-L) Attachments APPROVED BY: Signature Date RICK ENGINEERING COMPANY Page 7 of 8 Hourly Rates - California Offices February 24, 2007 - August 27, 2007 ENGINEERING Principal Consultant (Special Projects) $175.00 Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Principal Project Engineer/Manager 125.00 Associate Project Engineer/Manager 120.00 Assistant Project Engineer/Manager 110.00 Principal Engineering Designer 102.00 Associate Engineering Designer 97.00 Assistant Engineering Designer 92.00 Principal Engineering Drafter 84.00 Associate Engineering Drafter 77.00 Assistant Engineering Drafter 69.00 CONSTRUCTION MANAGEMENT Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Principal Construction Engineer/Manager 125.00 Associate Construction Engineer/Manager 120.00 Assistant Construction Engineer/Manager 110.00 Principal Construction Technician 102.00 Associate Construction Technician 97.00 Assistant Construction Technician 92.00 TRANSPORTATION Principal 160.00 Associate Principal 150.00 Principal Transportation Engineer 125.00 Associate Transportation Engineer 120.00 Assistant Transportation Engineer 110.00 Principal Transportation Designer 102.00 Associate Transportation Designer 97.00 Assistant Transportation Designer 92.00 PLANNING Principal 160.00 Associate Principal 150.00 Director of Planning 140.00 Principal Project Planner 140.00 Senior Project Planner 120.00 Assistant Project Planner 110.00 Senior Planner 102.00 Associate Planner 97.00 Assistant Planner 92.00 Senior Planning Technician 84.00 Associate Planning Technician 77.00 Assistant Planning Technician 69.00 Planning Assistant 55.00 WATER RESOURCES Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Principal Project Engineer/Manager 125.00 Associate Project Engineer/Manager 120.00 Assistant Project Engineer/Manager 110.00 Principal Water Resources Designer 102.00 Associate Water Resources Designer 97.00 Assistant Water Resources Designer 92.00 LANDSCAPE ARCHITECTURE Principal $150.00 Associate Landscape Architect 135.00 Principal Project Landscape Architect/Manager 120.00 Associate Project landscape Architect/Manager 110.00 Assistant Project Landscape Architect/Manager 100.00 Principal Irrigation Designer 110.00 Principal Landscape Designer 92.00 Associate Landscape Designer 87.00 Assistant Landscape Designer 82.00 Principal Landscape Drafter 71.00 Associate Landscape Drafter 66.00 Assistant Landscape Drafter 60.00 ENVIRONMENTAL SERVICES Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Principal Environmental Project Manager 125.00 Associate Environmental Project Manager 120.00 Assistant Environmental Project Manager 110.00 Principal Environmental Specialist 102.00 Associate Environmental Specialist 97.00 Assistant Environmental Specialist 92.00 Environmental Technician 69.00 FORENSIC SERVICES Expert Witness 300.00 Court Appearance per half day or part 1,200.00 Principal Consultant 175.00 Associate Principal 150.00 Associate/Manager 140.00 PHOTOGRAMMETRY . Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Photogrartnmetry Supervisor 130.00 Principal Photogrammetrist 100.00 Associate Photogrammetrist 90.00 Assistant Photogrammetrist 88.00 When authorized, overtime shall be charged at the listed rates times 1.3. Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses. A ten (10) percent fce for administration, coordination and handling will be added to all subcontracted services. /Y RICK ENGINEERING COMPANY TM Hourly Rates — California Offices February 24, 2007 — August 27, 2007 GIS SERVICES Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Principal GIS Analyst 100.00 Associate GIS Analyst 95.00 Assistant GIS Analyst 88.00 Principal Computer Graphics Editor 83.00 Associate Computer Graphics Editor 78.00 Assistant Computer Graphics Editor 68.00 SURVEYING Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Field Supervisor 125.00 One -person Survey Party 110.00 Two -person Survey Party 190.00 Three -person Survey Party 250.00 Prevailing wage rates for Survey Parties slightly higher. MAPPING/COMPUTING Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Computing & Mapping Director 125.00 Principal Survey Analyst 115.00 Associate Survey Analyst 100.00 Assistant Survey Analyst 85.00 GPS Pre-planning/Post-processing 115.00 GPS Survey Party 80.00/person/hour ADMINISTRATIVE SERVICES Associate Project Administrator 55.00 Assistant Project Administrator 38.00 Administrative Assistant 55.00 When authorized, overtime shall be charged at the listed rates times 1.3. Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses. A ten (10) percent fee for administration, coordination and handling will be added to all subcontracted services. /9 RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH RICK ENGINEERING COMPANY FOR ENGINEERING SERVICES RELATED TO NECESSARY IMPROVEMENTS TO BAY MARINA DRIVE, NOT TO EXCEED $43,650 WHEREAS, the Community Development Commission of the City of National City (CDC) 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 CDC desires to employ a contractor to complete engineering related to 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; and WHEREAS, the CDC has determined that Rick Engineering Company is a registered civil engineering firm that is qualified by experience and ability to provide engineering services for this project. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby approves the Agreement with Rick Engineering Company for engineering related to improvements to Bay Marina Drive, not to exceed $43,650. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of March, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, Ill Legal Counsel City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 March 22, 2007 Mr. John Goddard Associate Principal Rick Engineering Company 5620 Friars Road San Diego, CA 92110-2596 Dear Mr. Goddard, On March 6, 2007, Resolution No. 2007-38 was passed and adopted by the Community Development Commission of the City of National City, authorizing execution of agreement with Rick Engineering Company. We are forwarding for your records a certified copy of the above Resolution and a fully executed original agreement. Michael R. Dalla, CMC City Clerk Enclosure cc: Community Development Commission ® Recycled Paper STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF NATIONAL CITY ) ss. 1, Brad Raulston, Secretary of the Community Development Commission of National City, do hereby certify that the foregoing Resolution No. 2007-xx was adopted at a regular meeting of the Community Development Commission of National City held on March 6, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brad Raulston, Executive Director -2-