HomeMy WebLinkAbout2008 CON Rick Engineering Company - Engineering Services Bay Marina Drive WideningAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
RICK ENGINEERING COMPANY
THIS AGREEMENT is entered into this 6th day of May, 2008, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Rick
Engineering Company, a planning, design, and engineering company (the "CONTRAC-
TOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide
engineering design services for the Bay Marina Drive Improvement Project.
WHEREAS, the CITY has determined that the CONTRACTOR is a
multi -disciplined planning, design, and engineering company and is qualified by
experience and ability to perform the services desired by the CITY, and the
CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform 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 CITY for such services, except
as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings
cited in Exhibit "A" to keep staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CITY and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 10% (ten percent) from the base amount.
3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar,
P.E., Principal Civil Engineer, hereby is designated as the Project Coordinator for the
CITY and will monitor the progress and execution of this Agreement. The
CONTRACTOR shall assign a single Project Director to provide supervision and have
overall responsibility for the progress and execution of this Agreement for the CONTRA-
CTOR. John D. Goddard, Jr., P.E., Associate Principal, 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 Project Coordinator. 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 CITY.
The CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CITY and for furnishing of copies to the
CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations
for specific portions of the Project are set forth in Exhibit "C". The length of this
agreement shall be 255 (two hundred and fifty-five) working days from the date the
agreement is entered. Therefore, the final report shall be submitted no later than
Monday, April 27, 2009.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CITY for use with respect to this Project, and shall be
turned over to the CITY upon completion of the Project, or any phase thereof, as
contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CITY and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this agreement, except upon the
CITY's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
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The CONTRACTOR agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CITY's purposes, and the
CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil
Code Sections 980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CITY, or for any liability to the CITY should the documents be used by the CITY
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and
are not entitled to any of the rights, benefits, or privileges of the CITY's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the
parties that a substantial inducement to the CITY 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 CITY. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many
employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR
with its subcontractor(s) shall require the subcontractor to adhere to the applicable
terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants, or employees are in any manner agents, servants or employees of
the CITY, it being understood that the CONTRACTOR, its agents, servants, and
employees are as to the CITY wholly independent contractors and that the
CONTRACTOR's obligations to the CITY are solely such as are prescribed by this
Agreement.
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.
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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.
S. Unless disclosed in writing prior to the date of this
agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the
five (5) years preceding, been debarred by 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 CITY, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CITY are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action to
insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
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
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places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CITY. The CONTRACTOR
shall limit the use and circulation of such information, even within its own organization,
to the extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONTRACTOR, hereafter disclosed in publicly available 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 CITY. In its performance hereunder,
the CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any 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 City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to,
or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONTRACTOR's negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CITY or
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.
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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 owned, non -owned, and hired vehicles ("any auto").
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence and $2,000,000 in the aggregate,
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, with limits sufficient to satisfy statutory requirements. In addition, the policy
shall be endorsed with a waiver of subrogation as to the CITY.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, employees, and volunteers, so that any other policies held by the
CITY shall not contribute to any loss under said insurance. Said policies shall provide
for thirty (30) days prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds, and additional insured endorsements shall be provided.
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. In addition, the "retro" date must be on or before the date of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
K. All deductibles and self -insured retentions in excess of $10,000
must be disclosed to and approved by the CITY.
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
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dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action or
suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attorney's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation, shall 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 CITY.
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 CITY
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance
of services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of
and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CITY by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CITY all rights set forth in Section 6.
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E. The CITY 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 CITY:
Maryam Babaki, P.E.
City Engineer
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Tel: (619) 336-4383
Fax: (619) 336-4397
To the CONTRACTOR: John D. Goddard, Jr., P.E.
Associate Principal
RICK Engineering Company
5620 Friars Road
San Diego, CA 92110-2596
Tel: (619) 291-0707
Fax: (619) 291-4165
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.
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21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement. the CONTRACTOR shall not
pertom r services of any kind for any person or entity whose interests conflict in any way
those of the City of National City. The CONTRACTOR also agrees not to specify
any product, treatment, process or material for the project in which the CONTRACTOR
has a material lilancial interest, either direct or indirect, without first notifying the CITY
of li gat iaci. The CONTRACTOR shall at ail 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 shalt not use its otticiat position to intluence in any way
any matter coming before the CITY in which the CONTRACTOR has a financial interest
as defined in Government Code Section 87103. The CONTRACTOR represents that it
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on welch it might perform services for the CITY.
❑ 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. $$pecif'rcaliy, the CONTRACTOR shall file a Statement of Economic
interests with tee City Clerk of the City of National City in a timely manner on forms
which the CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages,
costs or expense:; the CiTY may suffer by virtue of any violation of this Paragraph 21 by
the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
far In this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday,
ten such date shall automatically be extended until 5:00 PM 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 muttipie
counterparts, each of which shalt 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 theconvenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the vatdity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
• Exhibit A - Scope of Services and Hourly Rate Schedule
• Exhibit B - Fee Schedule/Breakdown
• Exhibit C - ProjectWork Schedule
• Exhibit D - Finn Biography h
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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
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, (ili) 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.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By:
RonIGTorrison, Mayor
APPROVED AS TO FORM:
George H."Eiser, III
City Attorney
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EXHIBIT "A"
12
TM
RICK
ENGINEERING COMPANY
April 29, 2008
Ms. Maryam Babaki
City of National City
1243 National City Boulevard
National City, California 91950
SUBJECT: BAY MARINA DRIVE WIDENING & MARINA GATEWAY STREETSCAPE
(RICK ENGINEERING COMPANY JOB NUMBER 12861-N)
Dear Maryam:
Pursuant to your request, we are presenting this proposal to provide surveying and final
engineering services necessary to complete the Bay Marina Drive widening plans and to prepare
plans for the Marina Gateway Streetscape project. Plans for the streetscape will be based on an
exhibit titled, "National City Marina Gateway Streetscape", dated "Draft March 6, 2008."
prepared by MW Steele Group. The scope for services already performed, services for Bay
Marina Drive and for the Marina Gateway Streetscape is more fully described below.
SCOPE OF WORK
I. Additional Services Already Performed for Bay Marina Drive
The following services were performed between October 1, 2007 and February 29, 2008.
A. Provided engineering services for the preparation of the General Order No. 88B (GO
88B) application and the necessary exhibits and maps to accompany the application
per the California Public Utilities Conunission (CPUC) criteria and requirements.
Also included were coordination services with the City of National City, Metropolitan
Transit System (MTS), SD Freight Rail Consulting and the CPUC in the preparation
and submittal of the GO 88B application and exhibits.
B. Attended meetings with the Client for project status, the submittal and processing of
the GO 88B application to the CPUC, and to discuss Caltrans Encroachment Permit
and right-of-way comments and issues.
C. Attended meetings with Caltrans staff to discuss proposed landscaping, sidewalk, and
right-of-way issues.
5620 Friars Road • San Diego, California 92110 2596 • (619j 291-07(17 • FAX: (619) 291-4165 • rickengineering.rorn
SAN D1EG0 RIVERSIDE ORANGE SACRAMENTO SAN LUIS OBISPO BAKERSFIELD PHOENIX TUCSON
Ms. Maryam Babaki
April 29, 2008
Page 2 of 11
D. Attended field meetings to meet with MTS to discuss the existing railroad tracks and
the proposed improvements to the existing tracks.
E. Provided consultation services necessary to coordinate and provide information for
the Client and other consultants. This included providing print packages of the plans
and performing digital file transfer and translations per the request of the Client and
consultants.
F. Attend meetings with City Staff and M. W. Steele Group, Inc. to discuss the street
improvements for Cleveland Avenue, 23rd street and Harrison Avenue. In addition,
Rick Engineering Company prepared and provided M. W. Steele Group with
reference plans, aerial photos and translated digital files for their use.
G. Provided coordination, consultation and processing for plan revisions outside the
scope of the original Contract with the CDC.
II. Services Necessary For Revisions To Bay Marina Drive Construction Drawings
A. Prepare a water pollution control plan for the portion of the project within the
Caltrans right-of-way in conjunction with the Encroachment Permit pursuant to new
requirements of Caltrans.
B. Evaluate access issues necessary to close westerly hotel driveway. Then perform
plan revisions necessary to close the westerly Bay Marina Hotel Drive. Also perform
the design necessary to close Harrison Avenue connection to Bay Marina Drive.
Included is the signal modification plan for the Bay Maria Drive/Marina Way signal.
In conjunction with closing Harrison Avenue, evaluate and design new improvements
westerly to the easterly railroad right-of-way. This excludes any modifications to the
railroad crossing signal west of Marina Way/Harrison Avenue or street improvements
within the vicinity of the railroad crossing.
C. Update electrical design for decorative street lighting and provide design for
landscape lighting, including calculations and design for a second landscape
controller east of Cleveland Avenue.
D. Because drainage design criteria from Caltrans has been updated, update the current
project Caltrans drainage study.
E. Prepare a Water Quality Technical Report and Operation and Maintenance Plan as
required by the City.
F. Prepare plat and legal descriptions for the railroad right-of-way at the widening of
Bay Marina Drive (south side) for either street easement or dedication by MTS.
Ms. Maryam Babaki
April 29, 2008
Page 3 of ;11
G. Provide design services necessary to add enhanced pavement on Bay Marina Drive at
Cleveland Avenue and at Marina Way.
H. Provide consultation services necessary to complete the coordination and processing
of the plans with these revisions through Caltrans, Sweetwater Authority, MTS,
CPUC, and the City of National City.
III. New Services
This item is for services to perform conceptual urban design, design development and
construction documents for street improvements and streetscape for Cleveland Avenue
between Bay Marina Drive and 23rd Street and 23rd Street between the proposed Santa Fe
Historic Depot Plaza and McKinley Avenue. Cleveland Avenue improvements will tie into
the Bay Marina Drive and extend to the northerly curb returns at the intersection with 23`d
Street. Improvements for 23rd Street will begin at, and include the turn -around at the
entrance to the proposed Depot Plaza and extend easterly to, and end at the northerly curb
returns at the intersection of McKinley Avenue. In addition, this item includes conceptual
urban design, design development, and construction documents for that portion of the
proposed Historic Depot Plaza that lies within the public right of way of Harrison Avenue.
Design development and construction documents will be submitted as follows: design
development/construction documents at 30%, construction documents will also be
submitted at 70% and 100% completion for City review. Services are further described as
follows:
A. Provide Conceptual urban design for (provided by M. W. Steele Group, Inc.):
1. The street rights of way for 23`d Street, Cleveland Avenue and Harrison Avenue
2. The potential Historic Santa Fe Depot Plaza
3. Potential additional streetscape improvements and addition of pedestrian plaza
feature or public art along Bay Marina Drive at the "Hotel Site".
4. Coordination and meetings with the CDC and Rick Engineering Company to
provide periodic design review related to the preparation and third party review
for the construction documents.
13. Prepare a preliminary opinion of probable construction costs for improvements to
Harrison Avenue, 23`d Street and Cleveland Avenue between Bay Marina Drive and
23rd Street. The opinion will be based on an exhibit titled, "National City Marina
Gateway Street Scape," and dated "Draft March 6, 2008," prepared by MW Steele
Group. It is understood by the City that this exhibit is schematic, therefore, the
opinion will be very preliminary and exclude railroad improvements which may be
required by MTS.
Ms. Maryam Babaki
April 29, 2008
Page 4of.11
C. Provide surveying services necessary to prepare base map for design development
and construction documents as follows:
1. Cross -sections for Harrison Avenue on 25-foot intervals for a length of 450 L.F.
Locate any utilities within this area.
2. Cross -sections for 23`d Street on 25-foot intervals for a length of 700 L.F.
Locate any utilities within this area.
3. Cross -sections Cleveland Avenue on 25-foot intervals for a length of 500 L.F.
Locate any utilities within this area.
4. Cross -sections McKinley Avenue on 25-foot intervals for a length of 150 L.F.
Locate any utilities within this area.
5. Perform field topographic mapping (topo) of the Train Depot parking lot West
of Harrison Avenue and North of Bay Marina Drive, the topo will extend 40-
fcet outside the parking lot, locating curb, buildings, utilities, and any other
features.
6. Locate property corners to provide centerline and right of way alignments for
mapping services.
D. Perform right-of-way surveying, research maps and title reports, field work and
boundary analysis. Then prepare annotated base file of right-of-way and centerline of
Harrison, Cleveland, 23`d, McKinley and right-of-way for APN 559-040-43-01
(Historic Train Depot). Excluded is the preparation of a Record of Survey (if
material discrepancies from record information arc discovered in the survey).
E. Provide Gcotechnical services necessary to perform design for Cleveland Avenue,
23`d Street and Harrison Avenue improvements (Ninyo & Moore).
F. Perform refinement of various components of the Conceptual Master Plan prepared
by MW Steele Group and prepare design details, a preliminary materials palette,
material catalog cuts and preliminary specifications of the proposed site features and
improvements for review by City of National City. Then present this information at
one 4-hour meeting at which the City will make all necessary decisions for
Consultant to complete all construction drawings. After said meeting, prepare 30%
construction documents including elevations, sections, details and other graphic
illustrations required to firmly fix the project in its landscape, civil and electrical
considerations. Upon completion of 30% construction documents and 30%
specifications, Consultant will submit same to the CDC/City of National City. It is
understood and agreed to that the CDC/City will perform a thorough and complete
plan check, reviewing all aspects of design, then provide the Consultant with required
Ms. Maryam Babaki
April 29, 2008
Page 5 of 11
corrections and revisions in writing or as plan mark-ups. The Consultant will use
these comments/mark-ups to complete the construction documents and specifications.
The Consultant will, during completion, submit 70% documents to CDC/City for
verification that comments have been addressed. It is understood that the CDC/City
will not bring up new design issues, requirements, revisions or requests. If new
issues, requirements, revisions or requests are given to the Consultant at the 70%
review, the Consultant will require additional fees to complete the plans.
1. Design Development Package — 30% Construction Documents shall include:
a. Site development plan: prepare a site plan indicating general locations and
nature of existing conditions and improvements.
b. Paving materials and finish.
c. Preliminary Planting Plan.
d. Ficld/Site lighting plans with light fixture recommendations (By Electrical
Engineer).
e. Site furnishings and materials boards for strcctscape.
f. Sketch details construction details.
g. Preliminary drainage and improvement plans for street rights -of -way.
h. Product information cut sheets, construction material specifications.
i. Statement of probable construction cost.
2. Prepare 70% and 100% construction documents and specifications. Included
are improvement plans, landscape and irrigation plans, street lighting and
specifications. Plans will include curb, gutter, sidewalk, enhanced pavement,
landscaping, streetscape furniture, fountain and steps/ramps. Also included arc
signage and striping plans, traffic control, and signal modification for the signal
at Cleveland Avenue and Bay Marina Drive.
G. Prepare and process through the City of National City, one (1) Drainage Study to
analyze both pre -project and post -project runoff within the limits of the project.
Minor drainage improvements along the surface of the project will also be included.
However, it is our understanding there is no storm drain to facilitate major drainage
improvements without extending outside the project limits. Included is on -site
Ms. Maryam Babaki
April 29, 2008
Page bof 11=
rational method hydrology for both pre -project and post -project conditions, for the
100-year storm event, drainage study maps (pre -project and post -project), and the
report. The report and the analyses will support the final engineering improvement
plans.
H. Prepare and process through the City of National City, one (1) WQTR to identify
possible post -construction pollutants and identify all proposed permanent storm water
BMPs, including site design, source control, and treatment control to he constructed
with this project. The project must comply with the requirements of the new
Municipal Storm Water Permit, Order No. R9-2007-0001 issued by the SDRWQCB
on January 24, 2007 to the San Diego Municipal Copermittees. The new Municipal
Storm Water Permit includes several new requirements with respect to design and
construction of new projects. Specifically, this WQTR will also address low impact
development (LID) requirements (including all permanent storm water BMPs). An
Operation and Maintenance Plan (OMP) will also be prepared and provided as an
appendix to the WQTR.
Since approval of the final improvement plans is anticipated to occur before January
2009, the project will not be subject to hydromodification requirements (per the new
municipal permit — see WQTR discussion below).
1. We will prepare a Storm Water Pollution Prevention Plan (SWPPP), in accordance
with the current State and Regional regulations (State Water Resources Control Board
(SWRCB) Order No. 99-08-DWQ, National Pollutant Discharge Elimination System
(NPDES) General Permit No. CAS000002, Waste Discharge Requirements (WDRs)
for Discharges of Storm Water Runoff Associated with Construction Activity
(General Permit), adopted on August 19, 1999). Rick Engineering Company will also
prepare a Notice of Intent (NOI) to be signed by the property owner. After receiving
the NOI, the State Water Resources Control Board will issue a Water Discharge
Identification number (WDID #). This is necessary to ensure compliance with the
General Permit for Storm Water Discharges Associate with Construction Activities in
the State of California.
A requirement of the NPDES permit is that all contractors and subcontractors are
SWPPP trained. We will provide these services in one four-hour on -site
SWPPP/SWSAS training session for the contractor, owner and applicable on -site
personnel. This training will include, SWPPP implementation as well as other issues
related to the Construction Storm Water General Permit /SWSAS.
J. Provide consultation services necessary to coordinate the work with the CDC, City,
other project consultants and other agencies. Also included is attendance at team,
CDC, City, and other agency meetings, as well as assistance with processing of plans.
Ms. Maryam 13abaki
April 29, 2008
Pagc7of I1
K. Provide 90 hours of construction administration services to include bid support during
City bidding, answer requests for information, review of shop drawings, perform
construction changes and prepare as -built drawings for City records. As -built
drawing will be prepared from contractor mark-ups and City inspector records only.
Site observation and reports are specifically excluded. The Consultant will require
additional fees for any hours exceeding this.
1V. Reimbursables
Provide reimbursable services budget including printing, mileage, mylar production,
blueprinting and any other miscellaneous processing fees.
EXCLUSIONS
Not included in either the above scope of work or fee are services which may be necessary and
the following:
1. Structural engineering.
Retaining or free standing wall design.
3. Potholing services and surveying services to locate underground utilities.
4. Transportation planning or traffic analyses.
5. If indications of potential environmental concerns (e.g. odors, soils staining) are
encountered during the geotechnical field sampling, supplemental environmental
assessments are excluded.
6. Revisions to design, studies, or plans due to changes in any regulations or standards
adopted after the date of the Notice to Proceed.
7. Design for improvements outside of the rights -of -way covered in the above scope.
8. Water feature design.
9. Construction management and inspection.
10. Construction staking.
11. Any rail design started after initiation of work.
12. Engineering services not specifically described in the scope of work above.
Ms. Maryam Babaki
April 29, 2008
Page 8 of 11
FEES
Our fee for the above -described work will he on a Time and Materials basis per our current
Schedule of Hourly Rates (enclosed) not to exceed $370,597.00 without your prior authorization.
I. Additional Services Already Performed for Bay Marina Drive
ll. Revisions to Bay Marina Drive Construction Drawings
A. Water Pollution Control Plan
B. Hotel Driveway/Harrison Avenue Revisions
C. Update Electrical Design (Turpin & Rattan)
D. Update Drainage Study
E. Water Quality Technical Report
F. Plat & Legal Descriptions at Railroad Right -of -Way
G. Enhanced Pavement
H. Consultation & Processing Services
$ 14,197.00
$ 4,500.00
$ 11,000.00
$ 3,800.00
$ 3,500.00
$ 10,300.00
$ 1,800.00
$ 4,500.00
$ 10,500.00
Item II: $ 49,900.00
III. New Services
A. Conceptual Urban Design (MW Steele Group, Inc.) $ 24,000.00
B. Opinion of Probable Construction Costs $ 4,700.00
C. Surveying for Base Map $ 8,800.00
D. Right -of -Way Surveying $ 9,000.00
E. Geotechnical Services (Ninyo & Moore) $ 18,000.00
F. Conceptual Master Plan Refinement/Construction Documents
1. Design Development/30% Documents
a. Landscape Architecture $ 23,600.00
Ms. Maryam Babaki
April 29, 2008
Page 9 of 11
b. Civil Engineering $ 27,500.00
c. Electrical Engineering (Turpin & Rattan) $ 4,500.00
2. 70% & 100% Construction Documents
a. Landscape Architecture $ 35,500.00
b. Civil Engineering $ 72,500.00
c. Electrical Engineering (Turpin & Rattan) $ 11,000.00
G. Drainage Study $ 9,400.00
II. Water Quality Technical Report & Operation & Maintenance Plan $ 9,400.00
I. Storni Water Pollution Prevention Plan $ 8,600.00
J. Consultation $ 10,000.00
K. Construction Administration Services
1. Civil Engineering $ 9,600.00
2. Electrical Engineering $ 3,400.00
Subtotal for Item III: $ 289,500.00
IV. Reimbursablcs $ 17,000.00
Total: $ 370,597.00
Note: A 10 percent fee for administration, coordination and handling has been included in
subconsultant fees above.
Pecs and expenses will be billed monthly as the work progresses and the net amount shall be due
within thirty (30) days from the date of receipt of the invoice in the Client's office.
The enclosed Standard Provisions of Agreement arc incorporated herein and made a part of this
agreem ent.
Ms. Maryam Babaki
April 29, 2008
Page 10of•1.1
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.
Two originals of this agreement are being provided. If you would like us to proceed on this
work as outlined above, we ask that you please sign and return one of the agreements as our
written authorization.
If you'• ave any questions regarding this agreement, please contact me directly. Thank you for
request g Rick Engineering Company to provide these services.
Sincere'
ENGINEERING CQMPANY
hn D. Goddard, Jr.
Associate Principal
J1Xi: KM:Proposals \ 12861-N
Attachments
APPROVED BY:
Signature Date
EXHIBIT "B"
13
RICK
ENGINEERING COMPANY
Hourly Rates - California Offices
March 1, 2008 - August 29, 2008
Page 1 1 of 11
Pnncipal Consultant (Special Projects) $ 190.00
Principal 175.00
Associate Principal 160.00
Associate/Manager 150.00
Principal Project Engineer/Manager 130.00
Associate Project Engineer/Manager 125.00
Assistant Project Engineer/Manager 115.00
Principal Engineering Designer 107.00
Associate Engineering Designer 102.00
Assistant Engineering Designer 97.00
Principal Engineering Drafter 89.00
Associate Engineering Drafter 82.00
Assistant Engineering Drafter 74.00
Principal Construction Engineer/Manager $130.00
Associate Construction Engineer/Manager 125.00
Assistant Construction Engineer/Manager 115.00
Principal Construction Technician 107.00
Associate Construction Technician 102.00
Assistant Construction Technician 97.00
Principal Transportation Engineer $130.00
Associate Transportation Engineer 125.00
Assistant Transportation Engineer 115.00
Principal Transportation Designer 107.00
Associate Transportation Designer 102.00
Assistant Transportation Designer 97.00
Director of Planning $160.00
Principal Project Planner 150.00
Senior Project Planner 125.00
Assistant Project Planner 115.00
Senior Planner 107.00
Associate Planner 102.00
Assistant Planner 97.00
Senior Planning Technician 89.00
Associate Planning Technician 82.00
Assistant Planning Technician 74.00
Planning Assistant 60.00
Principal Water Resources Designer $107.00
Associate Water Resources Designer 102.00
Assistant Water Resources Designer 97.00
Associate Landscape Architect $140.00
Principal Project Landscape Architect/Manager 125.00
Associate Project landscape Architect/Manager 115.00
Assistant Project Landscape Architect/Manager 105.00
Principal Landscape Designer 97.00
Associate landscape Designer 92.00
Assistant Landscape Designer 87.00
Principal Landscape Drafter 76.00
Associate Landscape Drafter 71.00
Assistant Landscape Drafter 65.00
Associate Environmental Project Manager $125.00
Assistant Environmental Project Manager 115.00
Principal Environmental Specialist 107.00
Associate Environmental Specialist 102.00
Assistant Environmental Specialist 97.00
Environmental Technician 74.00
Expert Witness $300.00
Court Appearance per half day or part 1,200.00
Photogrammetry Supervisor $135.00
Principal Photogrammetrist 105.00
Associate Photogrammetrist 95.00
Assistant Photogrammetrist 93.00
Principal GIS Analyst $105.00
Associate GIS Analyst 100.00
Assistant GIS Analyst 93.00
Principal Computer Graphics Editor 88.00
Associate Computer Graphics Editor 83.00
Assistant Computer Graphics Editor 73.00
Field Supervisor $130.00
One -person Survey Party 105.00
Two -person Survey Party 170.00
Three -person Survey Party 235.00
Prevailing wage rates for Survey Parries slightly higher.
Computing & Mapping Director $130.00
Principal Survey Analyst 120.00
Associate Survey Analyst 105.00
Assistant Survey Analyst 90.00
GPS Pre-planning/Post-processing 120.00
GPS Survey Party 85.00/person/hour
Associate Project Administrator $60.00
Assistant Project Administrator 43.00
Administrative Assistant 60.00
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 he added to all subcontracted services.
EXHIBIT "C"
14
RICK
G...,INI.I. KIV
,c 0 r,sK Nan!
- PROJECT SCHEDULE
C
f II'.1V
PRELIMINARY SCHEDULE FOR BAY MARINA DRIVE WIDENING AND STREET IMPROVEMENT PLANS FOR CLEVELAND AVENUE & 23RD STREET
rc L`.+a1n J.c 6uade• <1- Oumr Iv 2nnm . •<0..ato
D.ralo Stan =^s' Aor Var -- _.I A.S See Or, 40. De: Jar Iet Ma Apr May
299 cays T,. 61/09 Mon 1r4•/09
RICK ENGINEERING PROJECT PROPOSA APPROVAL ST CRY COUNCIL -cars rut 5 0.05 1,e 5.66E
2 SAY MARIA DRIVE CD REVISIONS
R.C.( EN3 VEERING RE•/'S:ON 6ERVIC. ES
CITY 4EVIE?:
:'ROCESS:NG
'20 days Tug 5/6)08 Mon 10120/06
20 car. T--e5:6t8 Mel 5'15:05
:5 days r„e 6.I-•06 MAP 1•/:78
90da.s Tuc6'l K8 Lor C22.00
3A. HEW SERVICES - 30`. DEMON DEVELOPMENT / CONST, DOCUMENTS 30 days To. 5/6:08 Mon 8H6/08
P. rN ENGINEER NG DC C CD SERVICES 25 ,:a-rs IA; 5:9'08
2 .rn• .. c REVIE'A' ; toys 'ae 5"2':C6 '.Ia• 5"6'OE
I'- PROJECT MILE STONE ( cays Don S'tf,C9 •A:^ 0"6'Ce
I lr 38. NEW SERVICES • 70%CCNSTRUCTICN COCUMENTS 65 days To. 6ill106 Mort al/CS
'6 3 RICK ENGINEERING CD SERVICES e5days T_e 61,06 Mon B'16.:C6
3 JrY RE':IEV. 10 cays T.e 8.15038 Son 9'1•C9
T PROJECT MILESTONE 0 onys Yon 9'Ir06 Mon 9 ICS
• 9
23 18. NEW SERVICES -109% CONSTRUCTION DOCUMENTS 20 days Too 9,22(8 Mon 9/29J08
2' ... RICK ENGINE E6 VG CD SER',ACES '5 .ays ';e 91:C6 Mar 3.22'03
22 jr C TY REVIEW ?days .ae 5.2.'•C8 Ma. 926(5
23 n PROJECT MILE STONE C days IA0- 9:25/08 Van 929'26
2a
25 4. BID/ CONSTRUCTION 150 days two N3a08 Mon 427/C9
26 3 91CONNG 3C days TLe 61108 Non',I GCB
27 3 JOYS TRU,37ION 120da,s 7_e rl:'1'03 Mon a:29,C9
29
29 8 PROJECT COMPLETICN
P•c:ea BAY IM.R NA DRIVE
Da:e C.•10.C8
Tat..
Progress
_. des'Cre
� Sr:nry
0 cays Mon c2::9 I.1o+ A.20.9
•
Ro let LC Task
Rc RC Lo Weston., '
• 5/6
• al
APRIL'J
Acted Uc Pre/Jres,
Spa
♦ a1
9f28
. 427
Eee -al 'nos DroJII 9y Surrey
Proea S,rmary
EXHIBIT "D"
15
Rick Enginccring Company
Page I of 2
•
C lira CARE?ci45 1.:1CATIOr4 :SERVICES PROJECT:i LANK:, AWARDS
RICK ENGINEERING COMPANY is art award w mmnu
piacning. design and engineering firm VJe ir.a,ntain di•/sions ihaf focus cn
-i`b•:n Lj(-'S�l�.^. nn p•anri; q. ia'7dsca'c arcili±ec:!:re t znspur!atler.
eno.riceri:':g .sunJEV'n0n;apoirg acrid! plictoorr,intrnetry and see C!ai'zea
ccr}pctur sego ces
Al! of the services :re availiabip thro:.gh our San Diego Riversile. Orange
Sacramento San Luis Obispo and Bakersfield offices in Gaiiforn a, and air
Phoenix and Tucson otru-es 'n Ari_oria.
rc;:l:'.ec i^ ' E55. R-c< Er:g•nccr c Ccmpany is a pr.vately-owned
cotpdra'trr `Are ow/pi completed trl C'usi ndS Of projects and each yoar
::re C'dit ❑e€igns for n';i!,iors. o' collars':: orth of constriactler..
Tn'nog^.o7t i:S history R clr. Er:g.naering Company' has provldeu a broad
Sipentru.m Of seivi :.. to c &.e-ei<oandino niarketplace and Vde - niny
J'p.' crents on a'.Vide variety of p!U!e Cts
0 Jr c'it"'.ls onme freni ::Urn the ruh'iC and private sectors ins* 111c':ioe c ly
e ,a,s and fede-al ay^'j; o es developme:'.t ^,^np2•nins rlvestment gro'Jps and
.di dcdl lan'10'.' tiers. DattfS n:6pitais.insurance. ccmpan`.es. and r.c':p•of:t
in>G 1J'.f1S
Rick. Engineering Company providers conicrerien&vo, soroces and we are
fy r:.21j :: VOIVEC, In survey and mapping. site piamir•o. street hlgh•.Vay and
dree',':ay design dra rage. water and sewer system design hood contra
prO•lralus storm. Vat;-' Fermi:tong zinc tt', :preparation anL: r:rocessing of
aF plica70ns F'fol�cts 'n: uae Ieti.[;e.^ai31 de.velu.pritents. Off,cY,.
and .: II s1r'a; parks rota:! SCu(;p ing Porters. ": <ec-Luse 'deVelcpment
pr : =CtS aibdem C ;p =se ;h 1 -...:dons. and resort anv recreation
deve1cpiments
Our !ssa i.'C S nna equip men: arc sate -of -the -art Rick F.ng'neerl'".J
COrrtpan'y offers complete tocograpinc, manp!ng sery ces ,ncluding analytical
trig g iat.on dicita :e: in modeling, aerial photography. grouro
p ,,J10graohy grr..ird control surveysand satellite -based Global Posit;Jf!:'lg
``ystom 1r,31'S s,.rvc 's Vve'naintrie an erg:r:eerirc1 plann.ng. and
:ir•V!ron,y;'fl a. ,:brary' v;i r c. rre;nt inforn-at:o'r. 17.xten ivo C4DD granh.c
lr,tr_]rn`'1.:.. word me L'as sn..0 r.'nd recc:i Icp`:.rl;i^.fro!' fa';IitteS are ail
UJr ;:tic mputer systems :nc ude elentron:c diainzers and :on}pctel-aidd
dre ft.n;; and cosign picora•-l5 to Oom.pote enc. flit boll.^,.`dares grading n:ans.
Rick Engineering Company
was founder. n 1955.
http://www.rickengineering.com/protile.htm 4/28/2008
Rick Engineering Company Page 2 of 2
i:noro.el:.el is ai;: enc•,rrbiances R ck Engineering Cornpany s staff can
a so create dynamic site d ve=hloughs and fry-overs as wet! as static ;olor-
shcded Ji photo-snnuiated taev:s or exist!r•'g (undeveloped; and proposed
(de:'e'oped) stir conditions L -nal output a available as color hardcopies.
e':Cec Crese'ltetions Dr computer -based mlatirnecha presentations
We arc acutely a-.�a.ro • f the value a!ld !r:.pditan:e. of Croyding close..
i`dIV Guai attentiro to eac, )roject and tC working within the corstra•nts of
time and budgot To assure optimum coordination arta responsiveness hew
pro eons are 3ssionc d to a tC8' i directed by a Principe! of the firm A Rro)ECt
Eng' oer then dire'c,iy rospc:•sibie ' ur the oroject rcr-i preliminary design
thro..'Ih f;n CC'1 tr.:ct'GC.
Wo ow.rei stand Comp:ev'ty and invest :n competence After ove5 yeas. dye
also k`Iu: that the success of the tirrn rests clearly on the management.
competence. and expertise of c.:r professional staff That's why Rack
Enaineerl'y Company :;!oVides..n-hc.:se. the woad combination of skil:s and
sc r'viccs necessary fu, toddy s OJfnr:iex Om —(.ts
R:cK. .ngl^eer.nd cG^rahy has a proven: history of"Eng:neering Today foi
loin Oirov; - th's ,s the visinn that has served o'_.r clionts and us for the past
fifty years. and htE OfCJ'n 15E that 'v4'P. make fD'thE future
Rick Engineering Company - Engineering Today For Tomorrow!
RICK
E.UMEIRIMr. Co uA Y
200E.s-20G9 RirK Engineering Company
Creative Services Division
Ah rights reserved
http://www.rickcngineering.com/profile.htm 4/28/2008
ACORD,. CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DONY)
12/28/07
PRODUCER 0A99520
Cavignac & Associates
•0 D Street, Suite 1800
San Diego, CA 92101-8005
Jeffrey W. Cavignac, CPCU,RPLU
INSURED
Rick Engineering Company
5620 Friars Road
San Diego, CA 92110
1-619-234-6848
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 Travelers Property Casualty Company of America
INSURERB: The Travelers Indemnity Company of Connecticut
INSURER C: Wausau Insurance Company _
INSURER D: XL Specialty Insurance Company
INSURER C.
COVERAGES
THE
ANY
MAY
POLICIES.
NSR
1 TR
POLICIES OF INSURANCE LISTED
REQUIREMENT. TERM OR CONDITION
PERTAIN, THE INSURANCE AI±ORDF.D
AGGREGATE LIMITS SHOWN
TYPE OF INSURANCE
BELOW I LAVE BEEN ISSUED 10 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAI ED. NOTWrTHSTANDING
OF ANY C(NJTRAC1 OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE IS.SUf-D OR
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 10 ALL THE TERMS. EXCLUSIONS AND CONUI I IONS OF SUCI I
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
T
POLICY NUMBER
POLICYEFFECTNE
DATE (MM)DfvYY1
POLX:YEXPIRATION
DATE IMM(DDNYl
UMITS
A
GENERALLIABILITY
COMMERCIAL GENERAL LIAUILI IYI
or AIM MADE I XJ OCCUR
6807292L337
01/01/08
01/01/09
EACHOCCURRENCE— 1S1,000,000
EIRC DAMAGE (Any one fire)
X
$ 300,000
MFDEXP(Any one person) i $ 5,000
X'Contractual
XJ
_GENT
I
Liability
PFRSONAI & An, INAmy Is 1,000,000
Separation of Insureds
GENERA! AGGREGATE Is 2.000,000
AGGREGAit LIMIT APPLIES PER
POI X PRU
IJCGT I ILOC
PRODUCTS - COMP/OP A $ 2.000,000
Deductible i None
B
AUTOMOBILE
-
XJ
I
-�
_,
LIABILITY
ANY AUTO
ALL OWNED AUTOS
Sc:HEDULEO AU IDS
HIRED AUTOS
NON.OWNCD AUTOS
BA7276L522
01/01/08
01/01/09
—I
COMBINED SINGLE LIMIT
(Fa nrciinnl)
g 1,000,000
BODILY INJURY ,
(Per pws°n)
—
S
BODILY INJURY
(Per(wooden°
PROPERTY DAMAGE
(Per strident)
I
---- -
GARAGE LIABILITY
ANY AUIU---
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EMPLOYERS' LIABILITY
WCJZ91448020018
01/01/08
01/01/09
Xi WC STATU- oIH-
IDRY1fMQS. ER
E.L EACH ACC.IOFNT $ 1,000,000
E.L. IIISEASF EA EMPLOYEES
1,000,000
' $ 1,000,000
E.L. DISEASE POLICY I IMIT
D
OTHER
Professional Liability
DPR9605896
08/15/07
08/15/08
Each Claim 53,000,000
Deductible f250,000
T
DESCRIPTION OF OPERATIONSA.00ATIONSNEHICLESIEXCLUSIONS ADDED BY ERDORSEMENTI$PECIAL PROVISIONS
Professional Liability - Claims made form, aggregate limit policy, defense costs included within limit of liability.
RE: Marina Drive. The Community Development Commission of the City of National City and its officers, agents and
employees are named as Additional Insured with respect to General Liability per attached and Auto Liability
endorsement to follow.
J-12861
CERTIFICATE HOLDER
ADDITIONAL INSURED; INSURER LETTER:
The Community Development Commission of the City of
National City
..0 E. 12th Street, Suite B
National City, CA 91950
USA
CANCELLATION 10 days NOC for non-payment of premium
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL EKIUWFX:X4XMAIL 30 DAYS WRITTEN
NOTN:E To INC CERTIFICATE HOLDER NAMED TO THE LEFT, IIiMXX1LXKKYIfY9MK46`C9f1MIBXYXX
XMA ICIIMOUGMKILKKZKOWICXX XXIAKKOHIK1 514=XXU90MPCIDD5)511 SKY
XN:01419W34XX/XYXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
AUTHORIZED REPRESENTATIVE _ �G
ACORD 25-S (7/97) Katherine
7852996
o ACORD CORPORATION 1988
..J
POLICY NUMBER: 6907292L337
NAMED INSURED:
Rick Engineering Company
COMMERCIAL GENERAL LIABILITY
DATE ISSUED: 12/29/07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
1. WHO IS AN INSURED (Section I1) is
amended to include any person or
organization that you agree in a "contract
or agreement requiring insurance" to
include as an additional insured on this
Coverage Part , but:
a. Only with respect to liability for "bodily
injury", "property damage" or "personal
injury"; and
b. If the injury or damage arises out of
the performance, by you or your
subcontractor, of "your work" to which
the "contract or agreement requiring
insurance" applies. Such person or
organization does not qualify as an
additional insured with respect to their
independent acts or for "bodily injury",
"property damage" or "personal injury"
for which that person or organization
has assumed liability in a contract or
agreement.
2. The insurance provided to the additional
insured by this endorsement is limited as
follows:
a. This insurance does not apply on any
basis to any person or organization for
which coverage as an additional
insured specifically is added by another
endorsement to this Coverage Part.
CG r)3 01 09 06
b. This insurance does not apply to the
rendering of or failure to render any
"professional services".
c. The limits of insurance afforded to the
additional insured shall be the limits
which you agreed to provide in that
"contract or agreement requiring
insurance", or the limits shown in the
Declarations for this Coverage Part,
whichever are less. This endorsement
does not increase the limits of
insurance stated in the LIMITS OF
INSURANCE (Section Ill) for this
Coverage Part.
3. The following is added to Paragraph a. of
4. Other Insurance in COMMERCIAL
GENERAL LIABILITY CONDITIONS
(Section IV):
However, if you specifically agree in a
"contract or agreement requiring
insurance" that the insurance provided
to an additional insured under this
Coverage Part must apply on a
primary basis, or a primary and non-
contributory basis, this insurance is
primary to other insurance that is
available to such additional insured
which covers such additional insured
as a named insured, and we will not
share with the other insurance,
provided that:
Includes cxpyrighted material cif Insuwance Services Office, inc., with its permission. Page 1 or 2
Copyright, Insurance Seivic es Office. Inc., 2001
(1) The "bodily injury" or "property
damage" for which coverage is
sought occurs; and
(2) The "personal injury" for which
coverage is sought arises out of
an offense committed;
after you have entered into that
"contract or agreement requiring
insurance'. But this insurance still is
excess over valid and collectible other
insurance, whether primary, excess,
contingent or on any other basis, that
is available to the insured when the
insured is an additional insured under
any other insurance.
4. The following is added to Paragraph 8.
Transfer Of Rights Of Recovery Against
Others To Us in COMMERCIAL
GENERAL LIABILITY CONDITIONS
(Section IV):
We waive any rights of recovery we may
have against any person or organization
because of payments we make for "bodily
injury", "property damage" or "personal
injury" arising out of "your work"
performed by you, or on your behalf,
under a "contract or agreement requiring
insurance" with that person or
organization. We waive these rights only
where you have agreed to do so as part
of the "contract or agreement requiring
insurance" with such person or
organization entered into by you before,
and in effect when, the "bodily injury' or
"property damage" occurs, or the
"personal injury' offense is committed.
5. As respects the insurance provided to the
additional insured by this endorsernent,
the following definition is added 10
DEFINITIONS (Section V):
"contract or agreement requiring
insurance" means that part of any
contract or agreement under which you
are required to include a person or
organization as an additional insured on
this Coverage Part, provided that the
"bodily injury" and "property damage"
occurs, and the "personal injury" is
caused by an offense committed:
a. After you have entered into that
contract or agreement;
b. While that part of the contract or
agreement is in effect; and
c. Before the end of the policy
period.
All other terms of your policy remain the
same.
CC, n3 81 09 OG Includes copyrighted matudal of Ins&ir.'xlce Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 1988
Page 2 of 2
CERTHOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
COMPENSATION
IN S U R A N C E
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 01-01-2008
GROUP: 000092
POLICY NUMBER: 0000460-2007
CERTIFICATE ID: 472
CERTIFICATE EXPIRES: 01-01-2009
01-01-2008/01-01-2009
COMMUNITY DEVELOPMENT COMMISSION OF SD JOB:MARINA DRIVE
NATIONAL CITY
1243 NATIONAL CITY BLVD
NATIONAL CITY CA 91950-4301
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend. extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement. term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
THORIZED REPRESENTATIV'F.. PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 51,000,000 PER OCCURRENCE.
ENDORSEMENT 112065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2005 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
GLENN A RICK ENGINEERING AND DEVELOPMENT SD
COMPANY (A CORP)
5620 FRIARS RD
SAN DIEGO CA 92110
r„- �w c D al
SD
(REV.2-05)
PRINTED : 12-15-2007
M0408
RESOLUTION NO. 2008 — 69
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH RICK ENGINEERING IN
THE NOT TO EXCEED AMOUNT OF $370,597 TO
PROVIDE CIVIL ENGINEERING DESIGN SERVICES FOR
THE BAY MARINA DRIVE IMPROVEMENT PROJECT
WHEREAS, the City desires to employ a consultant to provide civil engineering
design services for Bay Marina Drive Improvement Project, and
WHEREAS, the City has determined that Rick Engineering is a professional
multi -disciplined planning, design, and engineering company, and is qualified by experience and
ability to perform the services desired by the City, and is willing to perform such services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an agreement with Rick Engineering to
provide civil engineering design services for Bay Marina Drive Improvement Project. Said
Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 6th day of May, 200
Ron Morrison, Mayor
ATTEST:
Mi.hael R. Della, ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, Califomia, on May 6,
2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
N l�i
City lerk of the City o National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-69 of the City of National City, Califomia, passed and adopted
by the Council of said City on May 6, 2008.
City Clerk of the City of National City, California
By:
Deputy
G2oo6•'A
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE May 6, 2008
AGENDA ITEM NO.
7
ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute a
Contract between Rick Engineering Company and the City of National City for a Not to Exceed amount of
$370,597 to provide civil engineering design services for the Bay Marina Drive Widening Project (Funded
by Tax Increment Funds)
PREPARED BY DEPARTMENT EXT. 4387
Din Daneshfar Engineering
EXPLANATION
See attached explanation.
Environmental Review Completed
MIS Approval
Financial Statement
The funding is through Tax Increment Funds.
Approved By:
Finance Director
Account No. 900821
STAFF RECOMME DATION
dopt the Res
OARD / M I19'SION RECOMMEDATION
N/A
ATTACHMENTS (Listed Below)
1. Resolution
2. Contract Agreement
sc
A-700 (Rev 003)
° ° 6 `� Resolution No.
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
May 13, 2008
Mr. John D. Goddard, Jr.
Associate Principal
Rick Engineering Company
5620 Friars Road
San Diego, CA 92110
Dear Mr. Goddard,
On May 6th, 2008, Resolution No. 2008-69 was passed and adopted by the City
Council of National City, authorizing execution of an agreement with Rick
Engineering Company.
We are enclosing for your records a certified copy of the above Resolution and a
fully executed original agreement.
Michael R. Dalla, CMC
City Clerk
Enclosures
cc: Engineering Dept.
® Recycled Paper