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HomeMy WebLinkAbout2009 CON Wade & Associates - Project Management Services - Bay Marina Drive WideningAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WADE & ASSOCIATES THIS AGREEMENT is entered into this 17th day of February 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Wade & Associates, (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide project management services for the Bay Marina Drive Widening Project. WHEREAS, the CITY has determined that the CONSULTANT is a project management firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY 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 Exhibit ''A" The CONSULTANT 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 CITY 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 CITY 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 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara Tipton hereby is designated as the Project Coordinator for the CITY 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. Byron Wade thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on actual work performed not -to -exceed $71,861. 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 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 CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY and terminates on September 1, 2009. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The 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 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 CONSULTANT hereby assigns to the CITY 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 CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use. reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY'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 CITY 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 CITY, or for any liability to 2 Citys Standard Agreement - June 2008 revision 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. 8. INDEPENDENT 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 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 CONSULTANT and the CONSULTANT'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 CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY 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 CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. 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. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. 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. 12. 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. 3 Citys Standard Agreement - June 2008 revision B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT 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 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 CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT 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 CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT 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. 13. 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: 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 CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY 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 CITY. 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 CITY. 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 CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 4 City s Standard Agreement — June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT 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 CONSULTANT's negligent performance of this Agreement. 16. 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 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 CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANTS, 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. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. 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 workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. 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 Agreement. 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 Agreement. 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 5 City's Standard Agreement - June 2008 revision according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 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 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. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the 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. 19. 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. 20. 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 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 CITY 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 CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. 6 City's Standard Agreement - June 2008 revision 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 CITY, 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 CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (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. 21. 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 CITY: To CONSULTANT: Maryam Babaki Engineering Department City of National City 1243 National City Blvd National City, CA 91950 Byron Wade Wade & Associates 11320 Meadow View Road El Cajon, CA 92020 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. 22. 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 City of National City. The CONSULTANT also agrees not to specify any product, treatment, 7 City's Standard Agreement — June 2008 revision process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT 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 CITY 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 CITY. n 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 CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. 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. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 8 City's Standard Agreement — June 2008 revision K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: on Morrison,, ayor APPROVED AS TO FORM: l JACD George H. Eiser, III City Attorney WADE & ASSOCIATES (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - on sic( By: ( (Print) v \& A.3-0i2 (Title) By: (Name) (Print) (Title) 9 Citys Standard Agreement - June 2008 revision WADE & ASSOCIATES PROJECT MANAGEMENT 11320 MEADOW VIEW ROAD EL CAJON, CALIFORNIA 92020 January 28, 2009 Din Daneshfar, Principal Civil Engineer City of National City 1243 National City Blvd. National City, CA 91950 RE: Project Management Services for the City of National City, Bay Marina Widening Project, Specification #08-1 Dear Din, TEL (619) 244-3418 FAX (619) 588-5475 tyronwades@cox net I am submitting this proposal per your request for a cost estimate to provide project management services for the abovementioned project that is to be completed byJur►e ear ) , SCOPE As the project manager for this project I will work with the City of National City, their project inspector and the contractor to coordinate all aspects of the construction activities and public outreach, which includes: • Review contract documents, plans, specifications and existing conditions. • Attend and conduct as necessary design review meetings, pre -bid meetings, pre -construction meetings, weekly construction meetings and coordination meetings. • Review plans and specifications assist in getting the project to bid. • Assist in bidding process. • Process RFI's and submittals. • Review, negotiate, recommend and draft change orders for City approval as necessary. • Review and recommend invoices for payment. • Visit the construction as needed to assist in problem resolution. • Maintain a master construction file • Take efforts as necessary and directed to communicate the construction activities to the general public. • Finalize the project per City policy and standards. Sincerely, ade rin '•al Project Manager xhlbJ- I� WADE & ASSOCIATES Fee Proposal/Cost Estimate fo r City of National City Bay Marina Widening Project, Spec. 08-09 Estimated Hours & Sub -Consultants: # Task Pricipal Project Manager Project Manager Admin. Assistant Sub- Consultant TOTALS Project Management 400 60 80 71,740 1 Total Hours 400 60 80 2 Rates 150 105 68 - 3 Sub Management Fee 10% - - 4 TOTALS 60,000 6,300 5,440 - $ 71,740 Estimated Reimbursable Costs: # Item Type of Units Cost per Units Estimated number of Units TOTALS 1 B&W Copies/Prints 8 1/2" x 11" Each $ 0.20 60 12.00 2 Color Copies/Prints 8 1/2" x 11" Each $ 1.00 - 3 Full Size (D Sheets) Paper Each $ 15.00 - 4 Full Size (D Sheets) Mylars Each $ 30.00 - 5 CD Roms Each $ 5.00 1 5.00 6 Binder, 2" Each $ 22.00 - 7 Binder, 3" Each $ 26.00 4 104.00 8 Contracted Expenses Total - Total Expenses Total Consulting Fee (above) Total Cost Estimate 121.00 71,740.00 $ 71,861.00 10% Overhead fee will be charged to subcontracted work or expenses. (via email) Byron S. Wade Principal Project Manager January 28, 2009 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP IDsG WADER-1 D, .IYYI 11.001 06/ 30/08 PNooucrn Ahern Insurance Brokerage 9655 Granite Ridge Dr., 6500 San Diego CA 92123 Phone: 858-571-9030 Fax: 858-571-9010 Wade & Associates 11320 Meadow View Road El Cajon CA 92020 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 NAIC # P.]:,0C5 5 41483 COVERAGES •LPO,KC50r,:,SVN:•'.Cr Li51EO N.L,:,".',C OEEN:SSVEOrC7.c.P•51.'Nr.0A'A11EOA00,E r ow •I,r PC;KI PC(•O0 'n,,,,,, 0 ,:Onv,IoslA4wa0 an IrtC..,SPAL'.: ICvu 0. COr;0,1,UM CI A., 5O.IPLC1 0,,,,,41,.:,COts...M7.•.1•1IN!:SPECS70„r)C. 11. $ C.C. 41,,C0C ln.r Pr?St.rt00P NAr vER•A., 1v4 „l::Rnr:CC Nr0P OEC5r IN1.1.OLKIES::'.1C0•0E0'4NC v.,s sum CI TO All T.i TCNY., Cnni L504r, vas CO0C0.ON5 Ol t... I'O',K!;S+ CPLOA1LLP.IS sw.,,') 0Ar „Avr'. tl.. M t L10 A...A,., . ... _....I, .... ... ..._....OM .. IM SN ?O0L PO0C0 MW VA 0*10 Er ECI0C POLKr1SPIRAII) L.•R IHSPD , )rPF Of NS•JrV.V CI. [MU l.L.LT):]'r Y) OATf Irn.YCO^'Y) " LUI+ 0).r, ,,..,,A0Ln-, A X : roA'uCP✓A, ;W.HA. • ASL.n I6804102M340 ic1<'.¢NAOE -X .-uN : rnla Ncom(L,v al..ICS Pu, 05/23/08 I 05/23/09 : EAn10cc00Nt 1:CL PPr� xSdA.a,,.,,.: . MED tx(•L•,,,«'.r...a)I n IL:OJ.A1 SAY III.;141. 0t,+..r), Ac6,0.0A:e I PA00;.r rr 0;)nn60 $ 1000000 ] 300000 : ] 5000 5 1000000 $ 2000000 s 2000000 A " 0', . -I X X JYU0-E L•ALu,IIT Mr/ AjI0 All onNEC AL)c5 1 C•ICU JLLObIC1 I I.Irco'J:os 16804102M34C 05/23/08 05/23/09 I NO1. O:,a::A.10: coNEwto swaELl,.n 1C= au•a 1 uo01 11'l a:PY • Po•p°• l.. I ur Lr o..,n. i (P.�,.oaecU 5 1000000 1 ] " OAnn0 L L MIR i• l - i I ;.1L.10 00; r C A ACC O)r„I 4,0. M... I ] ..L r.cl ss,.wnur 1, At ;MIMI OCCJN 1 I CLAII.S U:.CE I LE1UCI.NLL PCi L'.:01 ] I A., OCCVARE NCI ACONCOAIE " 5 .... IS I 1 ] wlN[E NS 00Y1,15.1•rONn00 CYP,CrCNS:PP.,r " AMr ^R0AR1,10,15,44 V, b,,,,:L - I 0 ICL E115Yl]EN C0C10MJ-, Svt a.I.A ,•14C...0)O..v Pt.... i NK SrAIU" , T(:Nr .11A•Il i [ L rota KC10S1:Ti. 1 [L Or5EA51.CA Fr,<P,Ov CC i C L :M iC<Sf • POL:C. ,IIJ:' iO:,, [N S 01;it A Business Personal 16804102M340 i 05/23/08 05/23/09 Property j - Special Dedt 5000 500 0C5CNV!gl: 0i CPCNAI,ON3, 000A110N51 VCIKLC5l f SCLUslONS ADDS 0 Sr EAOCNS5YEN1 , SNr1IAL PROVISIONS Certificate holder is named as additional insured as respects their interest. Blanket additional insured per the XTEND endorsement. Special form including theft. Business Income 12 months actual loss sustained. .10 day notice of cancellation in the event of non- payment CERTIFICATE HOLDER CANCELLATION CITYNA4 City of National City 1293 National City Blvd. National City CA 91950 ACORD 25 (2001/08) O.0,0 U AN1 Or UIC An:WC IN SCAM n POL.ICI0 S nC 00500, Lf 0 Or 1 Onr 0'E pIP,0A1,or. O *1CTC0C0r.],1C IS51MN01M0JN1,NLr,u LNOUVO) 10 MAIC +30 0001, LVP111rn N JCE 101.C2N1-ICA, WA.1,NAYt:, •L• 1.,E 1t11, IW,)n:LUMl tO 00 NO NnLL N^CSC'tO COa :CA11OP OP WOIL TV Of ANY M,ll0OP0,r1'Ir {NSVRC 0.1t5 AOO,,. On MEP145v0A,:VCS © ACORD CORPORATION 1988 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: I-680-4102M340-ACJ-08 ISSUE DATE: 06-21-08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or organization: CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY CA 91950 WHO IS AN INSURED (Section II) is amended to include as an insured the. person or organization shown in the Schedule as an insured but oniy with respect to iiability arising out of your acts or omissions. CG T4 91 11 88 Copyright, !nsurance Services Office, !rc., 1984 Page 1 of 1 AcoRp. CERTIFICATE OF LIABILITY INSURANCE Ahern Insurance Brokerage 9655 Granite Ridge Dr., #500 San Diego CA 92123 Phone: 858-571-9030 Fax: 858-571-9010 0 Wade & Associates 11320 Meadow View Road El Cajon CA 92020 OP MSG WADEB-1 0011 08/28/08 THIS CERTIFICATE IS ISSUED AS A MATTER OFilsIFORMATION 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 ,l4Suilf k ..C..0[411 R13,111t,<C LYS...MLR 0 J.CLRER L NAIC # 41483 COVERAGES I,A ..0.,..t GO ......,,,..t . ,C., S IS ke1.0., ,I.kt 0044...,....l 0 TO 11.E v.511.4 u two I 0 ...IOW (C. ••.L Pc., •,.1.., glop 1•01101, C0 $41.0,,•,,, 'AC', `1'...40 V:,101,.C.4 Of wrir CON,18,. I CROV,S,C0C041.r., var. PCSPVCS TOM. C.. $.84,k,110, .011 ••. ,' ......., •AL in...A.,.. I ...c.01-0, ,A, 80, .(A/ k S.F....WIWI, Ht., ..1k l0.11CCI 10 1...• leiL 71:0O.C.1804,3.07 AIM '0, C LL .........CCAT.: til.ilL .S.,0V.r. Llar,..AA. CESCOSI,C,IC O. 70,0 C,...S ... 0.1 ADD 4. L78 INS80 ,..., Or $1/k1.,81Ck Slth CV Nu...8ER 0 yor,,,,,,,,,,,,, wkr V.( ,S.,As 0 0.. C0NO 1,0”3 CI ,JC., PC5.Cr .5rEC7.5.E I ra.ICY f 5.1.1.11010 . L.,5ie 11.150,r: I va.1[151........1 1 .t ALAS : L.L M1E8,, LOW, ii r ' I : I tvi$A$1.•,'S CCC !I. • . OL•5 A00410Of l I. LAI, CallLICS PER • . Y01.0. : ,,, roct, 0410481.I.CE U...,IAGI TO 81.R /1.1$ m(C. (..,,, a, pertoo, 90PS0.40t5 ADV , ,./t, 59w QA.A.,.....,1 c PROCUCTS • C0,11,(II. AGO • • 5 I s I ._ .: Av10.801.11Lk • L,AISL,I, CCI,LII...ALIOS E0 .. kl L AUTOS SIC08.1',ARAIV IP.I,Il•lr, .6••• .....1.0$ 0.r.ltv 0i.,..,..1. $ S $ ; 5 0w040(. I .5n5,5 . - .. ALIII.,,ILY • Lt. AC(....,..41 . I A AC.4 . $ . CSCr•SA WO,. ..A $ ARYL A A C,CUR ! 01135L',Ot : GEM CCM, . IC MARI. $ 1 : i..W.10,..,:l...^I .g' I I .. 1 _ AVI.A, V (,kll I I . I S _ _ .. . 001,K0AG COR.Ikklk,11 10,NO ...3,100$ RV. LA1111 Ay : IFUB5091M041 Awr 1.k.:1,11iC70{,u4,ChC.C5/1,VC : CVSICIIRMLNLIA, I %C....•OLO> I SPECLLL SIIICAASiONS ...RA I 07/08/08 I 07/08/09 I VA: blILI X , 'Tog,. L IA 1T-1r. i (0 1ACA7CC11.40, E , 0150dt: EA (.51,0111 1. 0•S3ASS f$0.Cl10,111 IOC. i CR I I , 5 I, 1000000 1000000 1000000 017SCR,81101.10, On! 1451toms ,LO.:nrt00.15 , vo. <555 ,Exc...,ONS AMA.° Or 550C30r005at spf eta 01Cv15:0+15 Certificate issued for proof of coverage only. Waiver of Subrogation applies .10 day notice of cancellation in the event of non- payment CERTIFICATE HOLDER CANCELLATION CITYNA4 City of National City 1243 National City Blvd. National City CA 91950 ACORD 25 (2001/08) 5u0.m.0 A.., OF THE AC$0,if OCSCR.U.L.Ol'ULICILU cARCt $ I 80 W. LA: ORVAL 3,4 5.1 MM.. 0181111k90ALL 1 nULAVOR lc me, ...Lk la Cs$111.1CA11$.10.0,1$1 c$ rAt SLOW. le Si. SR,. 043, .OADOn 1.1,1” 'PI Or we K.0 UPON Tar 00 0,01/0S11.i01Ivf • ." .38 uAry C ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does net confer rights to the certificate holder in lieu of such endorsement(s). if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may requ're an endorsement A staternent on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not ccnstitute a contract between the issuing insurer(s), authorized representative or producer, and lire certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) TRAVELERS, WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 03 06 (01) — 001 POLICY NUMBER: (I.FUB-5091M84-1-08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from as.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE .500 % OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 DATE OF ISSUE: 08-27-08 ST ASSIGN: LEGAL SERVICES RESOLUTION NO. 2009 — 29 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WADE AND ASSOCIATES TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE BAY MARINA DRIVE WIDENING PROJECT IN THE NOT -TO -EXCEED AMOUNT OF $71,861 WHEREAS, the City desires to employ a consultant to provide Construction Management Services for the Bay Marina Drive Widening Project; and WHEREAS, the City has determined that Wade and Associates is qualified by experience and ability to perform the services desired by the City, and Wade and Associates is willing to perform such services for the not -to -exceed amount of $71,861. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Wade and Associates to provide Construction Management Services for the Bay Marina Drive Widening Project in the not -to -exceed amount of $71,861. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of February�009. on Morrison, Mayor ATTEST: Michael R. Dalla, ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on February 17, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California i!1 City rk of the City of N4fional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-29 of the City of National City, California, passed and adopted by the Council of said City on February 17, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT «MEETING DATE February 17,2009 AGENDA ITEM NO. 8 ITEM TITLE Resolution of the City Council of National City approving agreement with Wade and Associates for Construction Management for the Bay Marina Drive Widening Project in the amount not -to - exceed $71,861 and authorizing the Mayor to execute the agreement. Funds are available in the Tax Increment Fund PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION Wade and Associates will provide construction management and project coordination services. Environmental Review X N/A Financial Statement MIS Approval Approved By: Finance Director Funds are available in Expenditure Account # 511-409-500-598-3842, Marina Gateway Improvements Account No 511-409-500-598-3842 46.1 A-200 (Rev. 7/03) STAFF RECOMMENDATION Adopt the Resoluti BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Project Description 3. Agreement (2 copies) wademarina 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 February 19, 2009 Mr. Byron Wade Wade & Associates 11320 Meadow View Road El Cajon, CA 92020 Dear Mr. Wade, On February 17th, 2009, Resolution No. 2009-29 was passed and adopted by the City Council of the City of National City, authorizing execution of an agreement with Wade & 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 Enclosures cc: Engineering Department ® Recycled Paper