Loading...
HomeMy WebLinkAbout2007 CON CDC Harris & Associates - Engineering Services Bay Marina Dr.AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND HARRIS & ASSOCIATES THIS AGREEMENT is entered into this 19th day of June 2007, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"). and Harris and Associates (the "CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to prepare street rights of way dedication documents and exhibits related to Bay Marina Drive Improvements in the City of National City. WHEREAS, the CDC has determined that the CONSULTANT is a licensed engineering firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT, and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT, or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "_A_". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit " A " to keep staff and the Community Development Commission advised of the progress on the project. Revised August 2005 The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10 % from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Ehab Gerges thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "_A " shall not exceed $200,000 (the base amount) utilizing the fee schedule given in Exhibit "_B_" without prior written authorization from the Chairman. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. The Agreement shall be in effect until June 30, 2008. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. Memoranda, reports, maps, drawings, plans, specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC, and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this Agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 Revised August 2005 The CONSULTANT agrees that the CDC may use, reuse, after, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 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 (CONSULTANT). Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are 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 CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees or subcontractors as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT, or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants and employees are as to the CDC wholly independent contractors, and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. 3 Revised August 2005 Consultant and City will use reasonable care to comply with applicable laws in effect at the time the services are performed hereunder which, to the best of their knowledge, information and belief, apply to their respective obligations under this Agreement. The CONSULTANT, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit or approval which is legally required for the CONSULTANT to practice its profession. 11. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a govemmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance, or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: 4 Revised August 2005 employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to, 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, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's proportionate negligent performance from the professional services rendered from this Agreement. 15. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the Califomia Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or 5 Revised August 2005 its officers, employees or volunteers for, or on account of, any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 16. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. 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 CONSULTANT 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 CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements, or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or 6 Revised August 2005 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 attomey'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 non -binding 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 CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement, or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished memoranda reports, maps, drawings, plans, specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of, and be delivered to, the CDC, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; 7 Revised August 2005 (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 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 CONSULTANT: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950 Mr. Javier Saunders, P.E. Harris & Associates 750 B Street, Suite 1800 San Diego CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must 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 CONSULTANT 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 CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT 8 Revised August 2005 shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 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. 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 9 Revised August 2005 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. 10 Revised August 2005 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: Georg — iser, III CDC Legal Counsel HARRIS & ASSOCIATES (Corporation — signatures of t/ corporate officers) (Partnership — one a re ; 4 (Sole proprietorsh. , r gn4fure) By: lFh�b Ges, P.E. Associate/Design & Development Review Services Manager Bv: ASA/ . Ja ier Saun ers, P Regio al Manager 11 Revised August 2005 EXHIBIT A SCOPE OF WORK When tend as dirocted by CDC, tine firms shall perform consuittng services tor redevelopment pre ects to include, bul not he limited to, the following: 1. Provide professional and technical civil engineering consultation and provide support services to the engineering effort, such as landscape architecture, traffic engineering, surveying, end plan checking services on an as needed testis. 2. Provide civil engineering design for CDC Capital Improvement Projects that are not subject to a separate RFD by the CDC. 3. Evaluate existing utility systems and plan new utility systems to accommodate development. 4. Prepare "D" sheets and bid documents including special provisions and contract specifications. 5. Process engineering drawings and related engineering materials through the National City Public Works/Engineering Departments and other departments as appropriate so as to obtain ail necessary permits. 6. Assist in the preparation o` bid packages for cti-,rstruction projects. 7. Assist in rho schoduHno and conducting of the bidding process for construction projects. 3. Attend meetings appropriate to bidding and construction projects as may be directed by CDC. s. Prepare legal descriptions, parcel maps, Wnsolidation and street vacation maps, process maps, and conduct land surveys as necessary. 10. Provide record maps and prepare as -built drawings as may he required, and process thorn as necessary to obtain approvals. 11. Provide general drafting as required. 12. Provide landscape and irrigation design services. 13. Provide rnrchanical, structural, and traffic engineering services as necessary to design/review construction projects. 14. Provide estimating services for demolition, rehabilltatfon anti cr:nstructioi o1 existing and/or new structures. 15. Provided electrical, mechanical, structural, and traffic engineering services as required. H EXHIBIT B Harris & Associates Schedule of Rates Staff Categories Hourly Rates Prograrn/Project Management Executive Project Director S 185.00 Senior Project Director $ 180.00 Program Manager $ 170.00 Technical Support Coordinator 150.00 Program Support Coordinator $ 135.00 Senior Project Manager S 170.00 Project Manager Senior Financial Engineer $ 140-160 150.00 Financial Engineer $ 135.00 Senior Project Engineer Controls IT Specialist Administrative Assistant $ 130-145 $ 140.00 $ 63.00 File Clerk 50.00 Iliddability/Constructability Architectural Reviewer S 125-132 Mechanical Reviewer $ 125-132 Electrical Reviewer $ 120-125 Structural Reviewer 135.00 Civil Reviewer $ 125-132 Assistant Project Manager Civil Design Scheduling $ 105.00 Senior Civil Designer Civil Designer Assistant Civil Designer 145.00 S 137.00 $ 105.00 Senior Scheduler $ 150.00 Scheduler $ 132.00 Assistant Scheduler S 105.00 Claims Management Senior Claims Manager $ 185.00 Claims Manager S 175.00 Construction Management/Inpection Project Director $ 185.00 Construction Managers $ 132-175 Resident Engineers $ 132-175 Inspectors $ 105-135 HARRAND-01 KWAL ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/7/2006 PRODUCER Diversified Risk Insurance Brokers License #0529776 59 'hristie Avenue Ems, yville, CA 94608 INSURED Harris and Associates Inc. Attn: Susan Mandilag 120 Mason Circle Concord, CA 94520-1238 COVERAGES (510) 547-3203 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: OneBeacon America Insurance Co. INSURERa: Hartford Fire Insurance Co. INSURER c American Guarantee & Liability LNSURFR D, Alaska National Insurance Company INsuRCR E: Continental Casualty Co. NAIL # THE POLICIES ANY REQUIREMENT, MAY PERTAIN, POLICIES. OF INSURANCE LISTED BELOW TERM OR CONDITION THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN MAY TYPE OF INSURANCE HAVC BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THF. TERMS, EXCLUSIONS AND CONDITIONS OF SUCH HAVE BEEN REDUCED BY PAID CLAIMS. INSR :4 J.I&4NSRD A bTs'LT POLICY NUMBER POLK:Y EFFECTIVE DATE IMM/DVIYY1 POLICY EXPIRATION i LIMITS DATE (MM/OD/YY1 • X . GENERAL LIABILITY X . COMMERCIA GENERAL I Y _ _ • JI CLAIMS MADE I ] OCCUR 7180096900000 - I 8/1/2006 I j 8/1/2007 I1r EACH OCCURRENCE AEMI ETORFNTLD I PREMISES (Fa occurence )_ S 1,000,000 $_50,000 MCD CAP (Any one permon) $ 5,000 �X ;"X„ "C, "U„ PERSONAL 8 ADV INJl1RV S 1,000,000 XlSeverability of Interest GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG S 2,000,000 • POLICY I X JFCO,T I 1 LOC B X AUTOMOBILE LIABILITY I 57UENUL6878 8/1/2006 R ECEIVED .,, h 1 ~t1 C I s.dvv :wC_t [ i COmmujtitV 8/1/2007 COMBINED SINGLE LIMIT (Eaacaaent) S 1,000,000 X I ANY AUTO AI I.OWNED AUTOS ISCHEDULED AU iOS X 1 HIRED AUTOS i X NON -OWNED AUTOS _—._I ------.-.-- BODILY INJURY (Per Deiso+,) 5 cid(Per ocent) BODII Y INJURY — — 5 — — -- PROPERTY DAMAGE (Per acooent) IIL I GARAGE LIABILITY f')eve(opment.. Cpmmisslon __ ANY AUTO Atilt.) ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY AGG $ S __-_.-,__-_. -, $ C EXCESS/UMBRELLA LIABILITY X I OCCl/R _I CLAIMS MADE 1 l DFDUCTIBLE ., RETENTION $ AUC9305561-04 1 8/1/2006 I I I 1 8/1/2007 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ __5,000,000 s S __. _ $ _ D 1 WORKERS COMPENSATION AND EMPLOYERS' LWtl1UTY 1 06HWD40007 81112006 8/1/2007 ANY PROPR El OR/PARTNER/EXECUTIVE - i OFFICER/MEMUER EXCLUDFD1 11 yyes, doscrihe under SPECIAI PROVISIONS below I X I WC S IAI U- j IOTH- TORV LIMI I S _�R E.L.CACIIACCIDENI __ _ $ 1,000,000 E.L, DISEASE - EA EMPLOYEE C.L. DISEASE - POLICY L IrAIT _ 1,000,000 5 _ 1,000 000 S , E !i OTHER Professional Liability 'AEA113822501 1 8/1/2006 E !Professional Liability IAEA113822501 I 8/1/2006 I 8/1/2007 Per Claim/Annual Agg: 5,000,000 I 8/1/2007 See Remarks •` DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS In the event of cancellation for non-payment of premium, a 10 day notice will apply. Re: As -Needed Civil Design Services (H&A #052-0527.03) Community Development Commission of the City of National City and its officers, agents, and employees are named as additional insurod (Gen. & Auto Liab.), if required by written contract/agreement, per attached OneBeacon America Additional Insured endorsement, and CA2048 0299. CERTIFICATE HOLDER CANCELLATION Community Development Commission of the City of National City Attn: Executive Director 1243 East 12th Street National City, CA 91950- SHOULD ANY OF 1 HE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLXOI 00190 1MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, B)tXIKI U(XIXD tXYX1X). Mal(sXXX14) IEX-XXXXXiXEXXdCffX100 dfd06NEXdfiM0101 tYdidCt(dOfd XXXXXX AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) © ACORD CORPORATION 1988 REMARKS • HARRAND-01 KWAL PAGE 1 OF 1 `* For Professional Liability coverage, the Aggregate Limit is the total insurance available for all covered claims reported within the policy period. A $150,000 deductible applies to each and every claim submitted under the policy. POLICY #: 7180096900000 INSURED: Harris and Associates, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WINO IS AN INSURED - (Section II) is amended to include as an additional insured any person or organization you are required to add as an additional insured under this policy in a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability for "bodily injury", "property damage or "personal and advertising injury" caused by "your work" performed under the written contract or written agreement. The insurance provided to the additional insured is limited as follows: a) This endorsement shall not increase the limits stated in Section 111 • LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications: and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. c) This insurance does not apply to "bodily injury: or "property damage" caused by "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. 3. Subpart (1)(a) of the Pollution exclusion (Section I - Coverages, part 2. f. of the Commercial General I.iahility Coverage form) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non- contributory basis. 5. As a condition of coverage, each additional insured must: a) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of -suit". b) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. OneF3eacon America Page 1 of 1 • POLICY #: 57UENUL6878 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 8/1/2006 Named Insured: Harris and Associates Inc. SCHEDULE Name of Person(s) or Organization(s): Any person or organization with whom you agreed, pursuant to a written contract or written agreement to provide insurance such as Is afforded under this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 1I of the Coverage Form. Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respect to work performed by or for the named insured in connection with the above described contract. Any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 RESOLUTION NO. 2007 — 145 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH FiARRIS AND ASSOCIATES TO PROVIDE AS -NEEDED CIVIL ENGINEERING SERVICES WHEREAS, the Community Development Commission of the City of National City (CDC) is implementing the National City Redevelopment Plan; and, WHEREAS, the CDC desires to employ a contractor to provide as needed civil engineering related to various projects within the National City Redevelopment Project; and WHEREAS, the CDC has determined that Harris & Associates is a registered civil engineer, and is qualified by experience and ability to perform as needed civil engineering services. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of National City hereby approves the Agreement with Harris and Associates to provide as needed civil engineering services not to exceed $200,000. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of June, on Morrison, Chairman ATTEST: APPROVED AS TO FORM: George H. . er, III Legal Counsel Passed and adopted by the Community Development Commission of the City of National City, California, on June 19, 2007, by the following vote, to -wit: Ayes: Commissioners Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission Secretary, Com .nity Devpment Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-145 of the Community Development Commission of the City of National City, California, passed and adopted on June 19, 2007. Secretary, Community Development Commission By: Deputy �'. �40Co•'.>3 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 19,2007 AGENDA ITEM NO. 31 ITEM TITLE A Resolution approving an Agreement with Harris and Associates for as needed civil engineering services until June 30, 2008. PREPARED BY c)1 DEPARTMENT Patricia Beard Redevelopment Division] Redevelopment Manager (ext 4250) EXPLANATION In 2005, the Community Development Commission ("CDC") retained Harris & Associates ("Harris") to perform as needed civil engineering services as the result of a Request for Qualifications process. Since then, Harris has completed a variety of projects including the Aquatic Center, Harrison Avenue improvements, Motivational Systems demolition bid documents, Foodland Market facade project management, and Bay Marina Drive widening right of way dedication. Staff continues to be very impressed with the customer -focused approach, efficiency and quality of work performed by Harris and would like to extend the contract for another year. If approved, this would be Harris' third contract and third year serving as on -call civil engineers to the CDC. Environmental Review This Agreement is exempt from the California Environmental Quality Act ("CEQA"). Financial Statement This Agreement is for time and materials as shown in the attachments, not to exceed $200,000. Actual expenditures for services are billed to projects. During fiscal 2006-07, CDC spent $77,000 of the $200,000 authorized for services related to a variety of projects. Account No STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. J ATTACHMENTS 1. Proposed Agreement Resolution No. A-200 (9/80) \ City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 July 11, 2007 Mr. Javier Saunders Regional Manager Harris & Associates 750 B Street, Suite 1800 San Diego, CA 92101 Dear Mr. Saunders, On June 19, 2007, Resolution No. 2007-145 was passed and adopted by the Community Development Commission of National City, authorizing execution of an agreement with Harris & Associates. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure cc: Community Development Commission ® Recycled Paper