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HomeMy WebLinkAbout2009 CON Infrastructure Engineering - Sewer Management PlanAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND INFRASTRUCTURE ENGINEERING CORPORATION THIS AGREEMENT is entered into this l7th day of March, 2009, by and between the CITY OF NATIONAL CITY. a municipal corporation (the "CITY"). and Infastructure Engineering Corporation, a engineering and construction management consulting firm (the "CONSULTANT") RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Inflow and Infiltration Analysis and update the Sanitary Sewer System Master Plan. WHEREAS, the CITY has determined that the CONSULTANT is a engineering and construction management consulting 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 the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT 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 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 30% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Joe Smith 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. Jeff Kirshberg thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials. if any. The total cost for all work described in Exhibit "A" shall not exceed $284,703 without prior written authorization from the CITY. 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 duc. 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. The term of this agreement begins March 17, 2009 and terminates October 01, 2010 as set forth in Exhibit "A". 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 2 Cm'. Standard Agreement • 2009 revision 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 C ITY'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 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 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 CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights. benefits. or privileges of the C ITY'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(S) to adhere to the applicable terns 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 or the CONSULTANT'S agents, servants, or employees are not 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 CONSULTANT, 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 3 CiI� s Standind Agreement 2009 ro is ion of its SUBCONSULTANT(S), 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 harrn arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the 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. 4 City s Standard Agreement 2009 recision 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. 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 he 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 SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: 5 Cif) s Standard Agreement 2009 re%ision ® 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 employees and employers' liability insurance with limits of at least S1,000,000 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. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by 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 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. 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. 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 he 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 6 ( ih', Standard Agreement 2009 rOisi0n 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 he 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 he effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the 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 7 C'it -s Standard AEreement 200U revision 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: Joe Smith Director of Public Works City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Jeff Kirshbcrg Infastructure Enginering Corporation 5242 Katella Ave, (Suite 205) Los Alamitos, CA 90720 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 he 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, 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 8 C'ity's Standard Agreement 2009 rel i,iun 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. ❑ 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. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to he 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. 9 lliv': Standard Agreement 2009 recision 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, Mayor APPROVED AS TO FORM: George H. iser, III City Attorney INFRASTRUCTUR ENGINEERING CORPORATION (Corporation signatures of two c•orporutr officers) (Partnership one signature) (Sole proprietorship one signature) /f97) (Print) (Title) By: Xt.• �« (Name) %?'-C%G`�/ (Print) (Title) 10 ('it '.s Standard Agreement 2009 revision September 10, 2008 Joe H.A. Smith Director of Public Works Public Works Depaitnient 2100 Hoover Ave National City, CA 91950 Reference: Sewer System Master Plan Dear Mr. Smith: In accordance with your request, Infrastructure Engineering Corporation (I1;C) is pleased to submit this proposal to assist the City of National City (City) in completing a Sewer System Master Plan. With wastewater flow projections and the Wastewater Capital Improvement Plan (CIP) recently completed as part of the Sewer System Management Plan (SSMP), IEC proposes to develop a Sewer System Master Plan which incorporates the following key items: ➢ Video inspections, measured invert depths and National Association of Sewer Service Companies (NASSCO) compliant condition assessments of 20% of the City's Wastewater Collection System, prioritized by capacity, cleaning frequency and outstanding hydraulic information in the City's GIS data. Figure 1 presents the gravity mains to be inspected and assessed by our subcontractor, Affordable Pipeline Services. ➢ GPS Survey of 20% of the City's manhole elevations, also identified in Figure 1. These rim elevations, in conjunction with the manhole depths obtained during the condition assessments, will allow IEC to populate all missing invert elevations in the City's GIS data. ➢ Base Inflow and Infiltration identification in Basin NC5, including wet weather flow monitoring and video inspection. ➢ Updated "house counts" associated with each ADS flow meter that is currently utilized in allocating cost of treatment and current capacity to the City. ➢ Review and update the City's design criteria, including peak dry and wet weather flow curves, as well as per capita wastewater duty factors. IEC will also suggest new land use based duty factors. ➢ A Rehabilitation and Replacement Program for the City, which will include the development of a Priority Replacement Scoring Index that prioritizes gravity main replacement based on the video inspection reports, condition assessments, projected hydraulic capacity, diameter and operations history. ➢ An updated Capital Improvement Program (CIP) which addresses the identified hydraulic deficiencies. 301 Mission Ave.. Suite 202. Oceanside. CA. 92054 T 760.529.0795 F 760.529.0785 www.iecorporation.corn Exhibit A 11r. Joe (i.A. Smith September 10, 2008 Page 2 of 2 We propose to complete this project on a time and material basis not to exceed $284,703. Upon receipt of a notice to proceed, IEC can begin this project immediately. Please feel free to contact Jeff Kirshberg anytime on his mobile phone at (858) 472-8351 if you have any questions. Very truly yours, Scott I Iumphrey Senior Project Manager cc: "I'om Frank, I1 C Jeff Kirshberg, IFC UNDERSTANDING The City of National City (City) provides sewer service to the area generally within its corporate limits, and receives inflows from the City of San Diego and the United States Navy in route to the regional South Metro Interceptor. National City has approximately 97 miles of sewer collection pipes that drain westerly to the Metro Interceptor, and ultimately to the Point Loma Wastewater Treatment Plant. There are four significant wastewater basins within the City that contribute flow to the National City wastewater collection system: NC2, NC3, NC5 and NC7M. 'The City is responsible for the maintenance, operations and management of all sewer collection systems that transport flows generated within the City. The City's most recent sewer master plan effort was performed by PBS&J, and was terminated in April 2002. The Sanitary Sewer Master Plan and Storm Sewer Evaluation for the City of National City (2002 Sewer Master flan) contained wastewater flow projections based on population projections, a trunk sewer XP-SWMM hydraulic model utilized for capacity analysis, as well as a twenty (20) year Capital Improvement Program (CIP) to address system deficiencies. PBS&J also converted the City's Atlas Sewer Maps and Invert Book into Geographic Information Systems (GIS) format (ssewerpipc2.shp and ssmh2.shp). IEC is in the process of completing the City's Sewer System Management Plan (SSMP), as per State Water Quality Resource Control Board Order No. 20006-0003. The System Evaluation and Capacity Assurance Program (SECAP) component of the SSMP, included updated wastewater flow projections for the 5 year, 10 year and 20 year (planning horizon) time -increments. These wastewater flow projections were developed on a parcel level utilizing Sweetwater Authority's water meter billing data, recommended return -to -sewer ratios, SANDAG population projections, the Downtown Specific Plan Wastewater Facilities Impact Report and the parcel's zoning. IEC also developed a H2OMap Scwer Hydraulic Model of the City's wastewater collection system, as well as a Wastewater Capital Improvement Program (CIP) through the 20 year planning horizon. With wastewater flow projections and the Wastewater CIP recently completed as part of the SSMP, IEC proposed to develop a Sewer System Master Plan for the City which focuses on the following critical elements: • Video inspection, invert depths and National Association of Sewer Service Companies (NASSCO) compliant condition assessments of 20% of the City's Wastewater Collection System, prioritized by capacity, cleaning frequency and outstanding hydraulic information in the City's GIS data. Figure 1 presents the gravity mains to be inspected and assessed. • GPS Survey of 20% of the Citv's manhole elevations, also identified in Figure 1. These rim elevations, in conjunction with the manhole depths obtained during the condition assessments, will allow IEC to populate all missing invert elevations in the City's GIS data. • Base Inflow and Infiltration identification in Basin NC5, including wet weather flow monitoring and video inspection. • Updated "house counts" associated with each AI)S flow meter, that are currently utilized in allocating cost of treatment and current capacity to the City. • Review and update the City's design criteria, including peak dry and wet weather flow curves, as well as per capita wastewater duty factors. IEC will also suggest new land use based duty factors. • A Rehabilitation and Replacement Program for the City, which will include the development of a Priority Replacement Scoring Index that prioritizes gravity main replacement based on the video inspection reports, condition assessments, projected hydraulic capacity, diameter and operations history. Our Scope Services includes the following tasks: DETAILED SCOPE OF WORK )Pill 1'rt,i('i t l:lli,1 c111; llt IEC will include the use of management control tools and emphasize client communication. Prior to the implementation of the project, IEC will develop an initial project management and control plan. This plan will include: project instructions, which establish the project goals, schedule, task assignments and communication protocol; project work plan, which merges the scope of services with project milestones and individual task assignments for schedule and budget; and a project cost control program which establishes the benchmark and reporting methodology for the ongoing assessment of project completion and budget. Client communication will be maintained by the Project Manager. The Project Manager will coordinate all project activities within the project team and will be responsible for the development of progress submittals, will attend project coordination meetings, and will be responsible for the development of deliverables and status reports. I .1,1, 2 ( .Intl I li)11,11 1)r„!l'l ( 'Ihe Consultant will meet with City staff to establish the goals, needs, and desires of the Sewer System Master Plan, confirm project objectives, discuss approach and criteria, establish departmental contacts and lines of communication, and discuss data availability. In addition, we will meet with the City to decide on a mutually agreeable digital deliverable format for ease of use throughout this project. In addition to the Project Kick -Off Meeting, IEC anticipates six (6) other project status meetings to be conducted at appropriate times through out the project schedule in order to ensure that all City comments and concerns are continually addressed. I -.I`I, l ):It,1 (,1I1(, n,v 1C,v A review will be conducted of previous reports by the City and/or consultants to the City relating to planning and sewer engineering, including: 2002 Sanitary Sewer Master Plan and Strom Water Evaluation for the City of National City (2002 Sewer Master Plan), all GIS data files developed by PBS&J during their previous master planning effort, SANDAG population projections, ADS flow meter data maintained for the City of San Diego, any relevant specific plans (i.e Downtown Specific Plan), the Sewer System Management Plan (SSMP), and any existing inter -agency agreements between the City and the City of San Diego pertaining to capacity rights in the South Metro Interceptor. On behalf of IEC, the City will request water billing data from Sweetwater Authority in shapcfile format. A data/document inventory will be maintained that lists the data/documents received from the City, the date received, and if the data needs to be returned to the City. This inventory will be updated as new information is received and supplied to the City at status meetings. ( )11,11?i; ,l l \:•l'•:(ll•l It :lndi ( ( 1 \ • , tlh (.11`.>(�r.l•,11\ \1.1111 • IEC and Affordable Pipeline Services will conduct a CCTV video inspection and condition assessment of 111,000 ft of the City's Gravity Mains, as identified in Figure 1. As a subcontractor, Affordable Pipeline Services will capture and log video files, and perform condition assessments compliant with the National Association of Sewer Service Companies (NASSCO) standardized system. Condition assessments for each pipeline will include tabular and graphic reports indicating the NASSCO Structural Conditions (Break in Pipes, Collapse, Cracks, Fracture, Deformation, Displaced joints, open joints) and NASSCO Service Conditions (Defective laterals, roots, grease, encrustation and scale, silt, infiltration, obstruction, line deviations, water level +20%) in each pipeline. Structural and Service Total, Mean Defect, Peak and Mean Pipe Scores will also be developed. Finally, Affordable Pipeline Services will also measure and log an invert depth for each of the 439 manholes identified in Figure1, with two (2) invert depths recorded for the 23 manholes with potential overflow alignments, also identified in Figure 1. These depths, in conjunction with the rim elevations measured in Task 5, will be utilized to update all invert elevations currently missing in the City's GIS data. Affordable Pipeline Services' costs are based on length of gravity main and unit costs per foot, and include developing the required traffic control permits, although it is assumed that the City will pay all associated traffic permit fees and provide additional traffic control assistance, should the need arise. Cleaning costs are not included, as a majority of pipelines are not anticipated to require cleaning prior to video inspection. For those pipelines that do require cleaning, such as FOG hot spots, it is assumed that the City will perform the necessary cleaning. Cost estimates include the 101,000 ft of pipeline identified in Figure 1, as well as an additional 10,000 ft to be identified as part of Task 6, Base Flow Identification. As shown below, three (3) separate unit costs were utilized in developing costs for this Task: • $0.81 per foot for typical CCTV and Condition Assessment (55,000 ft) • $0.98 per foot for CCTV and Condition Assessment in areas with high traffic, easement access difficulties and/or requiring night-time inspection (46,750 ft). • $1.15 per foot for CCTV and Condition Assessment for pipelines greater than or equal to 18" diameter and/or located on Navy Property (9,250 ft). IEC will determine the rim elevation of the center of 439 City manholes, as identified in Figure 1. Rim elevations, measured to within +/- 0.1 ft, will be obtained through a GPS land survey, conducted by a California Licensed Professional Land Surveyor (P.L.S.). These rim elevations, in conjunction with the invert depths measured in Task 4, will be utilized to update all invert elevations currently missing in the City's GIS Maps. () AIR! in In order to identify inflow and infiltration within Basin NC5, IEC will attempt to collect wet weather wastewater flow data at six (6) sites for a period of 28 days, as illustrated in Figure 2. It is best to collect this data in January through March, as it is more likely to capture a rain event during these months. IE.0 will generate a separate flow monitor report for these sites, which will include the following: • Manhole Inspection Images • Site Data Summary o Depth o Velocity o Flow • A flow versus time graph • A velocity versus depth scattergraph • A flow rate vs. depth scattergraph • 'Tabular Data (I low, Depth, Velocity) Based on the flow meter results, IEC will identify and locate any excessive inflow and infiltration entering Basin NC5. IEC anticipates that this will require an additional four (4) wet weather flow monitor sites and 10,000 ft of video inspections and condition assessments. Exact locations of these pipelines and flow monitor sites will he determined once the initial six (6) wct weather flow monitor data has been analyzed. l .! i I pt. 1k I I,,,!,, (:+,.!ut IEC: will update the City's "house counts" associated with each ADS flow meter, and currently utilized in allocating cost of treatment and current capacity to the City. IEC will base these new house counts of visible data collected on public right-of-way, and create a series of Maps and Tables summarizing these counts. After incorporation of City comments, IEC will assist the City in submitting thc updated house counts to thc appropriate agencies, as identified by the City. l a 1. ti l lv.i:!!r ( I ).;t.i. 11\(.1r:!ulic ,ik I .ui(i ( I!!!lu,,\ c nu•!fl I'r„,_r.n,! IEC will update the City's GIS data utilized in the Sewer System Management Plan (SSMP), originally developed by PBS&J as part of their previous master planning effort (ssewerpipc2.shp and ssmh2.shp), with the manhole depths and rim elevations collected in Tasks 4 and 5, respectively. If applicable, an updated wastewater system map and will be provided in draft form to City Staff for comment and correction. IEC will import the updated wastewater facility information into the hydraulic modeling software, H2OMap Sewer. IEC will utilize the wastewater flow projections developed as part of the SSMP projections for the 5 year, 10 year and 20 year (planning horizon) time -increments. These wastewater flow projections were developed on a parcel level utilizing Sweetwater Authority's water meter billing data, recommended return -to -sewer ratios, SANDAG population projections, and the parccl's zoning. If instructed by the City, IEC will update these projections to account for specific plans and development identified since the completion of the SSMP. IEC will review the City's sewer system design criteria, including peaking curves and per capita duty factors, as well as allowable d/D ratios and maximum and minimum velocities during peak dry and peak wet weather flow conditions. Wet and Dry Weather Peak Curves will be developed for peak dry and peak wet weather flows based upon existing ADS flow information, as well as data collected in Task b. IEC will develop new residential and employment per capita duty factors based on existing wastewater flow projections, and SANDAG population projections. In addition, IEC will develop a series of land use duty factors, based on existing wastewater flow projections and zoning information. IEC will utilize steady-state, wet -weather, hydraulic model results to identify any Existing, 5 year, 10 year and 20 year (planning horizon) deficiencies. For wastewater facilities identified as deficient, recommended replacement facilities will be evaluated based on projected 20 year (planning horizon) wastewater flows. Initial model results of the existing time increment will be calibrated with available flow monitoring and pump station data. Based upon the findings, adjustments may be made in the model for final calibration, and the modeling simulation regenerated. IEC will update the Wastewater Capital Improvement Program (CIP) through the 20 year planning horizon, developed as part of the SSMP, which dearly outlines the findings of City's deficiencies, priorities, and related sewer system costs. A comprehensive list of Capital Improvements that address both existing deficiencies and future needs based upon projected wastewater flows will be included in the CIP. The CIP will be phased and prioritized based upon the Existing, 5 year, 10 year and 20 year (planning horizon) costs. Recommended wastewater system improvements will include pipeline, pump station and force main improvements necessary to meet existing and future flows. Engineers construction cost estimates will be developed for each capital project that includes cost for design, construction, and administration. Estimates of probable capital costs provided will represent Order of Magnitude level costs as established by the American Association of Cost Engineers (RACE) and represent an accuracy of +50% to -30%. i'11; 11)111i:1 I iO11 cp1.1 I'!l II! Pfi �"l:llll IEC will develop a Rehabilitation and Replacement Program for the City, which will include thc development of a Priority Replacement Scoring Index that prioritizes gravity main replacement based on the video inspection reports, condition assessments, projected hydraulic capacity, diameter and operations history. IEC will summarize the phasing and prioritization of the Rehabilitation and Replacement Program with associated Base Maps and Tables. �!I I)1'L I):11'l-1('\\i'1'\1'I.111 :II?ll ��ft ( )11 IEC will prepare a Sewer System Master Plan for the City. The Sewer System Master Plan will contain an Executive summary that summarizes the key components of the master plan. The Sewer System Master Plan will be designed to read well to non -technical staff, members of the board of directors, and the general public. Five (5) draft copies of the Sewer System Master Plan will be submitted to the City for review and comment. Upon incorporation of all City comments, five (5) final copies will be submitted to thc City. In addition, one electronic copy of the Sewer System Master Plan in adobe .pdf format will be submitted to the City. The electronic copy will include all figures contained in the original Sewer System Master Plan. IEC will present the findings of the Sewer System Master Plan to the City at a time and location to be determined by the City. NA �. Figure A s • • . • NC M •• NC� NC.: / NM CI • Figure C NC.0 r. )\- 3 ♦ 2 • • 4,. : �NC,O Assn, • Figure B Legend ♦ Flow Monitor • Muttiple Depths to be Recorded Manhole to be GPS Surveyed Manhole Force Main Gravity Mains Unable to Satisfy Design Criteria - Insufficient Hydraulic Information Grease Problem Area National City Pipeline County Pipeline Figure D cs City of National City Sewer System Master Plan Pipes and Manholes Recommended for CCTV and GPS Survey Feet September 2008 0 2.000 4,000 Figure 1 Legend I 1 I Feet 0 ♦ Flow Monitor • Multiple Depths to be Recorded • Manhole to be GPS Surveyed Manhole Gravity Mains Unable to Satisfy Design Criteria - Insufficient Hydraulic Information • Grease Problem Area National City Pipeline County Pipeline NC6 • NC4M NC5 307• 90st 120 St 1,000 2,000 NC9M I Tapa In Bucky Ln • Fiat j M�a In {` >;• Eta St NC7M Northca Ave At Cottonwood Flood Control • Metos• st Ask 5' • 9 • • • 1tk9sl •.- •I •�,� AV` 9t • • Ath 5t 14th st • J\r333-__ �/ m 9 O Scott Di • • Fig Ct 1879 6 a • 120st St • 1%S 1505t 0 10 51 r Delta St 2,4st 0 6ti 5' • Gamma St m ' W Posada St � 1088 • o P c 9 • • -4 c m 9M5t .yam St 10th st 1360• • s • • 1012 • o' . 358 • City of National City Sewer System Master Plan Pipes and Manholes Recommended for CCTV and GPS Survey September 2008 Figure 1A I I I Feet 0 1,000 2,000 NC9M Tape Ln M oo•Cn a St • P •ta 5t'd • Delta St Scott Di' Fig Ct 1879 y 0 • d • 120St 13�5 15m st m � m Alpha St Gamma St m La Poseda St � o m N 1360 • Beta St • •• 1012 • 398 Alpha St 10s8 • 1 cost toms' L e 9 % � toed"$` v 9! c m • let St 20 St 310 St 12th st • 11m st 19u'st • .q \" 363 • Bo St . 5,5 • ttith Sl 151t'St a • 742a %% 1g st N 220 22iii• zo r \ m ?_ +, T.22hd t • c $t� QOa�Btosedh o 6 Legend ♦ Flow Monitor • Multiple Depths to be Recorded Manhole to be GPS Surveyed Manhole Gravity Mains ,00hahY st Unable to Satisfy Design Criteria W- Insufficient Hydraulic Information colvat s\ Grease Problem Area r National City Pipeline m County Pipeline `.,otomac St A NC12Gatees St �ah0 st City of National City Sewer System Master Plan Pipes and Manholes Recommended for CCTV and GPS Survey September 2008 Figure 1B NA s cox NC4M • \t 2.sr,st. AO St 3'2.c\°st • ;los 190 st 00s Alth St • NC3A 22-n6st NC3B • Legend • Flow tonitor • Multiple Depths to be Recorded • Manhole to be GPS Surveyed Manhole Force Main Gravity Mains Unable to Satisfy Design Criteria - Insufficient Hydraulic Information • Grease Problem Area National City Pipeline County Pipeline 7 AO St • ' .••••••'- 333/ 250s 7 0 0 2.A.tst 2.60s lt4t X 32$69' NC2 •sliost • . 0 Q .1161 • ,"' • 7 1 260s .398 rkotie%°*n 972 1.•4•94.‹. 973 327 • S4 ttleal • • SOte wr4 I Feet 1,000 2,000 a10 St 0 1 220' 240s City of National City Sewer System Master Plan Pipes and Manholes Recommended for CCTV and GPS Survey September 2008 Figure 'IC Vet St v 3 • St • Q G? � 353 •off ... �. v • 742a I 1, St rn 220 221. 3 • % is i • 22no St • 20 St 2 e a 0 y s• / 3P ,a Fenton PI m .•..Totornac St a • NC12caolas st 190 St �te St Ptp'a � ♦ Sweetwater Rd `Pt 92° St 1 :.---•NC13 . o N NC16 • e • NC16 si4 702A. • 1 I I Feet 0 1,000 2,000 NC8M • Legend ♦ Flow Monitor • Multiple Depths to be Recorded Manhole to be GPS Surveyed Manhole Gravity Mains Unable to Satisfy Design Criteria - Insufficient Hydraulic Information Grease Problem Area National City Pipeline County Pipeline City of National City Sewer System Master Plan Pipes and Manholes Recommended for CCTV and GPS Survey September 2008 Figure 1D A NC6 A 0 Legend ADS Flow Monitor • Proposed Flow Monitor o Manholes Gravity Main — National City Pipeline County Line 13 co 75 13 1— Feet 500 1,000 NC5 45:, Alt s. FM 3 0 5 FM 5 2Y1 102 0 \ 0 co FM,2 :2r gth St \1.1w: --.6 St 142.0.10 515 ,1 1: 7 Ser City of National City Sewer System Master Plan Proposed Flow Monitor Sites September 2008 Figure 2 JULY 2008 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Engineering Intem/"Technician $ 63 CADD Designer I/Engineer I $ 95 Graphic Designer $ 105 CADD Designer II / Engineer II $ 105 CADD Designer III / Engineer III $ 115 Designer/Project Engineer $ 125 Senior Project Engineer $ 147 Senior Project Engineer Planning & IS$ 170 Project Manager $ 170 Senior Project Manager. $ 180 Principal $ 185 Principal Planning & IS $ 195 Surveying Principal Surveyor $150 Project Surveyor ..$125 Field — 2 Man Crew .$170 Administrative Administrative Clerk $ 53.00 Word Processor/Admin. Support $ 68.00 *Construction Construction Inspector $ 105 Senior Construction Inspector $ 115 Resident Engineer $ 130 Construction Manager $ 155 Sr. Construction Manager $ 165 CM Coordinator $ 90 Asst CM Coordinator $ 70 Flow Monitoring Senior Field Technician $ 90 Field Operations Manager $ 120 Project/Data Manager .$ 125 Sub -consultants will be billed at cost plus 10% unless specified otherwise in the agreement. Reimbursable Costs Reproduction, special photography, postage, delivery services, express mail, printing, travel, parking, and any other specialty services performed by subcontractor will be billed at cost plus 15%. Mileage will be billed at the current IRS allowed rate. * Field personnel rates are inclusive of vehicle, mileage, phone, computer, etc. Fee Proposal City of National City Sewer System Master Plan INFRASTRUCTURE ENGINEERING CORPORATION Subtask Number Subtask Description Summary Classification Senior Project Manager/Principal (Planning & IS) Senior Project MaagewPrirwipal (Design) Senior Project Engineer (Planing S IS) Project Surveyor EngineerI/C.4D Operator Abed Processor Subtask Labor bun Subtask Labor Coat erect Cost Subcontract Total Cost Rate 5195.00 $180.00 $170.00 5125.00 $95.00 568.00 1 Perform Project Mane9ament 24 40 84 $11,460 $11,480 2 Conduct Project Meetings and Establish Project Goals 3 7 7 17 $2,440 $700 $3,140 3 Data Coiction and Review 2 40 42 54.140 5100 $4,240 4 Condition Assessnnsnt and CCTV o120% of the City's Gravity Mains (110,000 RI - - - $101,003 Typical CCTV and Condition Asesennent (55,000 6) - - - 544,550 High Traffic, Easement Access Difficulties and/or Night Time Inspecpon Required (48,750 R) - - - $45.815 Greater than or Equal to 18• Diameter and/or Located on Navy Property (9,250 R) - - - $10.838 b GPB of Rkn Elevations of 20% of the Ciy's Sewer Manholes (431 Manholes) 2 8 120 130 $16.750 $500 $17,250 6 Base Inflow and Infiltration Identification In Basin NCS 4 24 40 86 $8,660 $92,680 28 Day Flow Monitoring at tan (10) sites $80'000 28 Dey Flow Monitoring Contingency at ten (10) sties S24,000 7 Update House Counts and Cost of Treatment 2 8 40 0 55.550 5100 85,650 6 Update GIS Data, Hydaulic Model and Capital impr0vomont Program 8 40 120 186 $19 780 819,760 6 R.Mbilltalbn and Raptacement Program 4 24 60 106 512,460 $12,460 10 Prepare Sawar System Master Plan and Pmantatlon 8 40 BO 128 $15060 S1.100 $17,080 TOTAL • HOURS 55 0 193 120 407 0 725 TOTAL • COSTS 810,725 50 232,1110 S15000 SS6,69b S0 $97,200 888,500 b/o1,po3 $284,703 CITY OF NATIONAL CITY SEWER SYSTEM MASTER PLAN PROJECT SCHEDULE IEC Thu 3/5/09 D Task N.m. 1 Task 1- Perform Project Marsg.rn.nt 2 T..k2— Conchs. Project Meetings and E.1.M1.5 Project Goals 3 Talk L D.1. Co1.Mlon and MNw 4 Taak4-Condition A.....h moot and CCTV .t 20% of CMy. O..My Mains 5 Task 5-OPI Survey of Alm Elevations of 20% .f Clty%. Swaw70Y. 6 Tokl -E.a Inflow .rd lnlglr.lon dagmoMbn In Iuln NCI i Task 7 - Update Hobs. Count. and Coat of T,..msr0 6 Task I - Update OM osa. Hyln.ugc Modal end Colonel Improv.m.nt Prop... I T..kl- II.ISM111rbn and E.pMc.rrsm Propam 10 T..k1E-ampere fewer System M.M.r Plan end Pr...nt.tbn Don. IMO FPek Mar cS Apnl Wy Jun J. August 1.pAmp.r October Nor.mar Daamber Zoo., Folmar, Werth Apt 61 16 115322129 45 412419./16 60 6105,.25/245/01 62 1114621626 71 V127197,24 11/2 611 6166200/00 Orb 9l1316206'27184 0/1 01 OD 11/111/6 1/1 1,2 1r2 12,1E 2,1 2/2 2r2 1,3 1/101r171/2. 1/31 2/2 2/146212R6 3/7 11.12112E .r4 274 days 7.112/011 Fn 4110 22a a. To. 612.00 Fr142/10 05 an tug 117613 Non14Cg 12060 Mon 460. Thu 101.00 1261 gays Moo46'0. Tlwtbt/oe 121 ay. Ion 4 .09 T. 101r0g 15 ay. Mon IDSSO. Fn f0110. 45 ay. Mon!QSO9 Fr11L40g 25 an M.n 12160. Fn 1.610 PO ay. Mon1:11.10 F542,10 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YY) 03/06/09 PRODUCER 0A99520 Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 INSURED Infrastructure Engineering Corporation 14271 Danielson Street Poway, CA 92064 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 INS�RERA Travelers Proper y Casualty Company of America__ INSURER B.Travelers Casualty Insurance Company of America INSURER C. ACE American Insurance Company INSURER 0 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I , POLICY EFFECTIVE I POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER I DATE fMM/DD/YYI DATE IMM/DDNYI LIMITS A GENERAL LIABILITY 6808190L668 02/13/09 02/13/10 X COMMERCIAL GENERAL LIABILITY ._ CLAIMS MADE X OCCUR X Contractual Liability 1 X Separation of Insureds, GEN.' AGGREGATE LIMIT APPLIES PER. ' PRO - POLICY X : JECT LOC I LEACH OCCURRENCE FIRE DAMAGE (Any one tire) $ 1,000,000 $ 1, 000, 000 MED EXP_(My one person) _ PERSONAL &ADVIN.URY 15 GENERALAGGREGA-E•$2,000,000 $ 10, 000 _ 1,000,000 S 2,000,000 None PRODUCTS - COMP/OP AGG Deductible A AUTOMOBILE LIABILITY 'BA0643M522 02/13/09 02/13/10 COMBINED SINGLE LIMIT 5 1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY S • SCHEDULED AUTOS ;Per person; HIRED AUTOS 1 t BODILY INJURY S NON -OWNED AUTOS (Per acutlent) — _ • ---- PROPERTY DAMAGE $ 1 I (Per acodent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO EA ACC $ OTHER THAN AUTO ONLY. AGG $ EXCESS LIABILITY OCCUR CLAIMS MADE • DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ $ $ __ $ AGGREGATE _- _ i B WORKERS COMPENSATION AND IUB5863Y986 02/13/09 02/13/10 EMPLOYERS' LIABILITY i X WCSTATU-i OTH- _ TORY IMITS I . ER E.L. EACH ACCIDENTI __ ..— 1,000,000 $ S 1, 000, 000 S 1, 000, 000 E.L. DISEASE - EA EMPLOYEE! E L. DISEASE - POLICY LIMIT r OTHER C Professional Liability G23636268001 02/13/09 02/13/10 Each Claim 51,000,000 Claims made, defense Aggregate 52,000,000 costs included w/in limit 5 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: 2009 Sewer System Master Plan; IEC Project M031.NATL.0017. The City of National City, its elected officials, officers, agents and employees are named as additional insureds as respects general liability and auto liability per attached forms. Waiver of subrogation in favor of the City of National City applies as respects Workers Compensation per attached form. CERTIFICATE HOLDER Y ADDITIONAL INSURED; INSURER LETTER: CANCELLATION 10 days notice of canc. for non-payment. City of National City Attn: City Attorney 1243 National City Blvd. National City, CA 91950 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) Katherine 11285206 Certificate Delivery by CertificatesNow - www ConfirmNet.com - 877 669.8600 O ACORD CORPORATION 1988 TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NLAIBER: UB5863Y986 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. 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 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS COMPLETED A WRITTEN AGREEMENT TO PROVIDE THIS WAIVER. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement The following is added to the Section II — Liability Coverage, Paragraph A.1. Who Is An Insured Pro- vision Any person or organization that you are required 10 include as additional insured on the Coverage Form in CA T4 37 08 08 a written contract or agreement that is signed and executed by you before the "bodily injury" or "properly damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage. but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An •nsured provision contained in Section II 200B Tne Travelers Corrpan.es. Inc Page 1 of 1 POLICY NUMBER: 6808190L668 COMMERCIAL GENERAL LIABILITY 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 PART A. The following is added to WHO IS AN INSURED (Section II): 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 only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or C. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage' or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to the additional insured is limited as follows: d. 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. e. This insurance does not apply to the rendering of or failure to render any "professional services. f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, 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 III) for this Coverage Part. B. 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 CGD3810907 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 (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. C. 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. D. The following definition is added to 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. © 2007 The Travelers Companies, Inc Includes copyrighted material of Insurance Services Office. Inc.. with its permission Page 1 of 1 THIS DOCUMENT HAS A TRUE OEFENSAT" WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES . £ • BUSINESS LICENSE CERTIFICATE PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED TYPE OF BUSINESS B 40-'CALIFORNIA Date of Expiration: 12/31/2009 BUSINESS ADDRESS 14271 DANIELSON ST NATIONAL art BUSINESS NAME ATTN: MAILING ADDRESS NON TRANSFERABLE INFRASTRUCTURE ENGINEERIN ORB 14271 DANIELSON ST POWAY, CA 92064-8818 POST IN A CONSPICUOUS PLACE 7' Finance Director THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 65489 B ADMR TOTAL $200.00 $10.50 $210.50 RESOLUTION NO. 2009 — 55 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT IN THE NOT -TO -EXCEED AMOUNT OF $284,703 WITH INFRASTRUCTURE ENGINEERING CORPORATION TO PERFORM AN INFLOW AND INFILTRATION ANALYSIS AND UPDATE THE SANITARY SEWER SYSTEM MASTER PLAN WHEREAS, the City desires to employ a consultant to perform an Inflow and Infiltration Analysis and update the Sanitary Sewer System Master Plan; and WHEREAS, the City has determined that Infrastructure Engineering Corporation is qualified by experience and ability to perform the services desired by the City, and Infrastructure Engineering Corporation 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 Infrastructure Engineering Corporation in the not -to -exceed amount of $284,703 to perform an Inflow and Infiltration Analysis and update the Sanitary Sewer System Master Plan. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of March, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City 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 March 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 itit441/9k ofthe City City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-55 of the City of National City, California, passed and adopted by the Council of said City on March 17, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT %%i+ MEETING DATE March 17, 2009 AGENDA ITEM NO. 9 re - ITEM TITLE Resolution of the City of National City Council authorizing the Mayor to execute agreement with Infrastructure Engineering Corporation to provide the City with engineering consultant services in the "Not to Exceed" amount of $284,703 to perform an inflow and infiltration analysis and update the City's Sanitary Sewer System Master Plan. (Sewer Service Fund). PREPARED BY EXPLANATION Joe Smith, Director (Ext.4587)»\\ See Attached Explanation Environmental Review 4 N/A Financial Statement DEPARTMENT L Public Works Approved By: finance Director Staff requests to appropriate $284,703 in 125-422-222-213-000 from the Sewer Service Undesignated Fund balance Account No. STAFF RECOMMENDATION BOARD / COMMISSION RECOMMENDATION Adopt the Resolution authorizing the Mayor to enter into the agreement with Infrastructure Engineering Corporation. ATTACHMENTS (Listed Below) Resolution No. , _ Resolution Agreement Proposal & Detailed Scope of Work Company profile & Business License A-200 (9/99) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 March 25, 2009 Mr. Jeff Kirshberg Infrastructure Engineering Corporation 5242 Katella Avenue, Suite 205 Los Alamitos, CA 90720 Dear Mr. Kirshberg, On March 17th, 2009, Resolution No. 2009-55 was passed and adopted by the City Council of the City of National City authorizing execution of an agreement with Infrastructure Engineering Corporation. 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 Enclosure cc: Public Works Dept. ® Recycled Paper