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HomeMy WebLinkAbout2009 CON CDC Ninyo & Moore - Consulting Services Thru 06/30/11AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND NINYO AND MOORE, INC. THIS AGREEMENT is entered into this 2nd day of June, 2009, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and NINYO AND MOORE, INC, (CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide as needed professional services related to the identification, analysis and remediation of environmental hazards throughout the National City Redevelopment Project area. WHEREAS, the CDC has determined that the CONSULTANT is an environmental professional and engineering firm qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "A"to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Stephan A. Beck CEG, HG, REA II 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 $250,000 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" and billed consistent with the fee schedule in Exhibit "B", as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC 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 CDC 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 CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC 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. This Agreement shall remain in effect until June 30, 2011. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, Models, Testing Reports, Studies and other documents prepared by the CONSULTANT, both paper and electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDCandCONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld.The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC 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 CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 CDC's Standard Agreement - June 2008 revision Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 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 CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or 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 CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC 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 3 CDC's Standard Agreement — June 2008 revision exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a 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 CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATIONPROVISIONS. 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 CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the 4 CDC's Standard Agreement — June 2008 revision CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, Toss, 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 CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or 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 CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC 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 5 CDC's Standard Agreement - June 2008 revision 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 National City 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 National City Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 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 CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attomey'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 CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. 6 CDC's Standard Agreement — June 2008 revision B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and Tess any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (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 CDC: To CONSULTANT: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Stephan A. Beck, CEG, HG, REA II Ninyo and Moore, Inc. 5710 Ruffin Road San Diego CA 92123 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 7 CDC's Standard Agreement — June 2008 revision 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 CDC. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 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. 8 CDC's Standard Agreement — June 2008 revision 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 be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CI r OF NATIONAL CITY Bv• R`' Morrison, Chairman APPROVED AS TO FORM: George H. Eiser, III Legal Counsel By: (Na (Title) NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) (Stephan A. Beck) (Title) Pq� iji() M 9 CDC's Standard Agreement -- June 2008 revision EXHIBIT A Scope of Services for on -call services shall include professional services related to analysis and identification, creating remediation plans and achieving regulatory closure for sites as directed by the Community Development Commission (CDC) as well as providing consulting services as directed by CDC related to Environmental Policy, Brownfields efforts and Legislative analysis to assist the CDC in accomplishing its redevelopment goals. C'omlllll t% Development Commission of National City HOURLY CHARGES FOR PERSONNEL Community Development Commission of the City of National City Environmental Consulting Services Project No. 106023 June 2, 2009 EXHIBIT B - SCHEDULE OF FEES Principal Engineer/Geologist/Environmental Scientist $ 154 Senior Engineer/Geologist/Environmental Scientis: S 148 Senior Project Engineer/Geologist/Environmental Scientist $ 145 Certified Asbestos Consultant $ 120 Project Engineer/Geologist/Environmental Scientist $ 142 Senior Staff Engineer/Geologist/Environmental Scientist S 128 Staff Engineer/Geologist/Environmental Scientist $ 120 GIS Analyst $ 120 CSST'/LIA2/LPM3 $ 110 Technical Illustrator/CAD Operator $ 78 Information Specialist $ 66 Data Processing, Technical Editing, or Reproduction $ 58 ENVIRONMENTAL FIELD EQUIPMENT/CONSUMABLES PID/FID Usage $ 120 /day Air Sampling Cassettes $ 100 /case 4-Gas Monitor S 95 /day Interface Probe Usage $ 80 /day Generator Usage $ 70 /day Hand Auger Kits $ 55 /day Level C Personal Protective Equipment (person/day [p/d]) $ 55 /p/d Air Sampling Pump Usage $ 45 /day Water Level Meter Usage S 40 /day 60' Disposable Pump Usage $ 40 /day Conductivity/pH Meter Usage $ 30 /day Decontamination Kits S 25 /ea Level D Personal Protective Equipment (person/day [p/d] $ 25 /p/d Disposable Bailers $ 20 /ea Field Vehicle Usage $ 15 /day Brass/Stainless Steel Sampling Sleeves $ 5 /ea Mileage° S .505 /mi OTHER CHARGES Expert Witness Testimony S 300 /hr XRF Lead Analysis S 250 /day Vapor Emission Kits $ 30 /kit Direct Project Expenses Cost plus 15 % Laboratory testing. geophysical equipment, and other special equipment provided upon request. NOTES (Field Services) For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal construction hours and all day on Saturdays and Sundays. Rates at twice the regular rates will be charged for at work in excess of 12 hours in one day or on holidays. Lead time for any requested service is 24 hours. Field Tech- nician rates are based on a 2-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8-hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. 1. CSST = Certified Site Surveillance Technician 2. LPM = Lead Project Monitor 3. LIA = Lead Inspector/Assessor 4. Vehicle mileage charge will be adjusted to reflect the current Internal Revenue Service rate. 5710 Ruffin Road San Diego, California 92123 (858) 576-1000 1 /fyInyo&N►oore Client#: 704 NINYOMOOR1 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YY) 06/03/09 PRODUCER Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 510 465-3090 Ted Kiyama 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 INSURED Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road San Diego, CA 92123 INSURER A: American Automobile Ins. Co. INSURER B: Fireman's Fund Insurance Co. INSURERC: Lexington Ins. Co. INSURER 0: INSURER E: COVERAGES THE ANY MAY POLICIES. INSR LTR POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. f TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDLYYI POLICY EXPIRATION DATE (MM/DDIYYI LIMITS A GENERAL LIABILITY X ,; COMMERCIAL GENERAL LIABILITY MZG80894367 10/03/08 10/03/09 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $1,000,000 _ X'Contractual X_;RR GEN'L -I CLAIMS MADE [ ^ I OCCUR MED EXP (Any one person) S10,000 PERSONAL 8 ADV INJURY $1,000,000 Cont CG2417 GENERAL AGGREGATE $2,000,000 AGGREGATE LIMIT APPLIES PER. POLICY X PRO X LOC JECT PRODUCTS -COMP/OP AGG $2,000,000 A AUTOMOBILE X X X^ X LIABILITY ANY AUTO ALL OWNED AUTOS MZG80894367 10/03/08 10/03/09 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY X l OCCUR Li CLAIMS MADE DEDUCTIBLE RETENTION $ CGX60485455 10/03/08 10/03/09 EACH OCCURRENCE $9,000,000 AGGREGATE $9,000,000 $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP80973506 05/01/09 05/01/10 X ITOWCRYLIMITSTATU-SOTH- ..�ft- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional & Contractor's Pollution Liab. 7360276 10/03/08 10/03/09 $5,000,000 per Claim $5,000,000 Anni Aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. Ref: On Call Service Contract. (See Attached Descriptions) CERTIFICATE HOLDER AD D mONAL INSURED; INSURER LETTER CANCELLATION Community Development Commission of the City of National City Attn: Denise 1243 National City Blvd. National City, CA 91950 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER Wlpp(X4QTOMAIL 30.-_.._DAYS WRITTEN NOTICE TOTH E CERTIFICATE HOLDER NAMED TO THE LE Frxxxxxxtegopc03000exx X3otxCOMICWW30( AUTHORIZED REPRESENTATIVE '/� ACORD 25-S (7/97)1 of 2 #M251845 DAC € ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) General/Automobile Additional Insured: Community Development Commission of the City of National City, its' officers, agents and employees. Insurance is primary and non-contributory per policy form. Waiver of Subrogation applies to Workers Compensation. AMS 25.3 (07/97) 2 of 2 #M251845 POLICY NUMBER: MZG80894367 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organziation(s): Community Development Commission of the City of National City Attn: Denise 1243 National City Blvd. National City, CA 91950 Location(s) Of Covered Operations Ref: On Call Service Contract. GENERAL LIABILITY ADDITIONAL INSURED: Community Development Commission of the City of National City, its' officers, agents and employees. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrator engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM POLICY NUMBER: MZG80894367 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT -AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each of your projects away from premises owned by or rented to you. CG 25 03 11 85 FleetCovei® Endorsement- CA 70 18 10 01 Policy Amendment(s) Commercial Business Auto Coverage Form - Truckers Coverage Form A. Broadened Named Insured SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: Any organization you own on the inception of this policy, or newly acquire or form during the policy period, and over which you maintain during the policy period, majority ownership or majority in- terest will qualify as a Named Insured if: (I) There is no other similar insurance available to that organization; and (2) The first Named Insured shown in the Dec- larations of this policy has the responsibility of placing insurance for that organization; and The organization is incorporated or organized under the laws of the United States of Amer- ica. (3) However: (a) Coverage under this provision is afforded only until the next occurring 12 month anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; and (b) Coverage under this provision does not apply to bodily injury or property damage that re- sults from an accident that occurred before you acquired or formed the organization; and (c) No person or organization is an insured with respect to any current or past partnership, or joint venture that is not shown as a Named Insured in the Declarations; and (d) Coverage under A.(1), (2) and (3) above does not apply to any organization that is covered as an insured under any other automobile li- ability insurance policy whose limits of insur- ance have been exhausted or whose insurer has become insolvent. B. Broadened Who Is an Insured I. Form CA0001 (if attached to this policy), SECTION II - LIABILITY COVERAGE, 1. Who Is An Insured, item b.(2) is deleted, and d. is added as follows: d. Your employee while using his owned auto, or an auto owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that auto. 2. Form CA0012 (if attached to this policy), SECTION II - LIABILITY COVERAGE, 1. Who Is An Insured, item b.(2) is deleted, and f. is added as follows: f. Your employee or agent while using his owned private passenger type auto, or a private passenger type auto owned by a member of his or her household, in your business or personal affairs, provided you do not own, hire, or borrow that auto. C. Additional Insured Coverage and Waiver of Subrogation I. Form CA0001 (if attached to this policy), SECTION II - LIABILITY COVERAGE, 1. Who Is An Insured, the following is added as item e.; and form CA0012 (if attached to this policy), SECTION II - LIABILITY COVERAGE, 1. Who Is An Insured; the following is added as item g.: This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy 10X$41//4a( Se retary CA7018 10-01T President Page 1 of 6 Any person or organization with respect to the operation, maintenance, or use, of a cov- ered auto, provided that you and such person or organization have agreed under an ex- pressed provision in a written insured contract or written agreement, or a written permit is- sued to you by a governmental or public au- thority, to add such person, organization, or governmental or public authority to this pol- icy as an insured. However, such person or organization is an insured: (1) Only with respect to the operation, maintenance, or use, of a covered auto; and (2) Only for bodily injury or property dam- age caused by an accident which takes place after: (a) You executed the insured contract or written agreement; or (b) The permit has been issued to you. 2. Form CA0001 (if attached to this policy), SECTION IV - BUSINESS AUTO CON- DITIONS, A. Loss Conditions, item 5.; and form CA0012 (if attached to this policy), SECTION V - TRUCKERS CONDI- TIONS, A. Loss Conditions, item 5.; the fol- lowing is added: Waiver of Subrogation If required by a: a. Written insured contract or written agreement executed prior to the accident; or b. Written permit issued to you by a gov- ernmental or public authority prior to the accident; we waive any right of recovery we may have against any person or organization named in such contract, agreement or permit, because of payments we make for injury or damage arising out of a covered auto. D. Auto Medical Payments - Increased Limit Medical Payments Coverage, the Medical Pay- ments Limit of Insurance for those autos is revised to the greater of: 1. $5,000; or 2. The limit shown in the Declarations E. Hired Auto Physical Damage Coverage If PHYSICAL DAMAGE COVERAGE is pro- vided by this policy on your owned covered autos, the following applies: Any auto that you lease, hire, rent or borrow without a driver, will be covered under this policy for PHYSICAL DAMAGE COVERAGE. However any such auto: 1. Will be covered only for the same PHYS- ICAL DAMAGE COVERAGE that applies to your owned covered autos; 2. Will be subject to the same applicable deductible shown in the Declarations that applies to your most similar owned covered auto, except any Comprehensive Coverage deductible does not apply to loss caused by fire or lightning; and 3. The most we will pay for any one loss in any one accident is the lesser of the following: a. Actual Cash Value of the damaged or stolen property as of the time of the loss as determined by us; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. In addition, we will pay costs and fees associated with such covered loss only for a maximum time period of seven days beginning with the date of loss, subject to a maximum of $500. However: 1. If form CA0001 is attached to this policy, this coverage does not apply to autos you lease, hire, rent or borrow from any of your employees, partners (if you are a partnership), members (if you are a limited liability com- pany) or members of their households; and For each covered auto described in the Declara- 2. If form CA0012 is attached to this policy, this tions or shown in the Schedule as having Auto coverage does not apply to any private CA701S 10-o1T Page 2 of 6 passenger type auto you lease, hire, rent or borrow from any member of your household, any of your employees, partners (if you are a partnership), members (if you are a limited liability company), or agents or members of their households. F. Communication Equipment Coverage 1. Form CA0001 (if attached to this policy), SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, item 4., the following is added: Exclusions 4.c. and 4.d. do not apply to elec- tronic equipment that is permanently installed in the covered auto at the time of the loss or such equipment which is removable from a housing unit which is permanently installed in the covered auto at the time of the loss, and such equipment is designed to be solely oper- ated by use of power from the auto's electrical system in or upon the covered auto. This coverage also applies to antennas and other accessories necessary for the use of the elec- tronic equipment. However, the most we will pay for loss is $1,500 and no deductible ap- plies to this coverage. 2. Form CA0012 (if attached to this policy), SECTION IV - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Item 2., the following is added: Exclusions 4.e. and 4.f. do not apply to elec- tronic equipment that is permanently installed in the covered auto at the time of the loss or such equipment which is removable from a housing unit which is permanently installed in the covered auto at the time of the loss, and such equipment is designed to be solely oper- ated by use of power from the auto's electrical system in or upon the covered auto. This coverage also applies to antennas and other accessories necessary for the use of the elec- tronic equipment. However, the most we will pay for loss is $1,500 and no deductible ap- plies to this coverage. G. Tapes and Compact Discs Coverage A. Under Comprehensive Coverage, we will pay for loss to tapes, records, discs or other similar devices used with audio, visual or data elec- tronic equipment. We will pay only if the CA70I8 I0-0IT tapes, records, discs or other similar audio, visual or data electronic devices: 1. Arc your property, or that of a family member; and 2. Are in a covered auto at the time of a loss. B. The most we will pay for loss is S250. C. PHYSICAL DAMAGE COVERAGE pro- visions apply to this coverage, except that no deductible applies. H. Airbag Coverage 1. Form CA0001 (if attached to this policy), SECTION 1I1 - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., the fol- lowing is added: However, "mechanical breakdown" does not mean the unintended discharge of an airbag, provided that any loss covered under this provision is excess over any other collectable insurance or warranty designed to cover such unintended discharge. 2. Form CA0012 (if attached to this policy), SECTION IV - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., the fol- lowing is added: However, "mechanical breakdown" does not mean the unintended discharge of an airbag, provided that any loss covered under this provision is excess over any other collectable insurance or warranty designed to cover such unintended discharge. I. Rental Reimbursement Form CA0001 (if attached to this policy), SEC- TION III - PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions; and form CAOO12 (if attached to this policy), SEC- TION IV - PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions; item c. is added as follows: c. Rental Reimbursement or Transportation Expenses If loss occurs to a covered auto described or designated in the Declarations or Schedule and covered for PHYSICAL DAMAGE Page 3 of 6 COVERAGE, we will pay for rental expenses for the rental of a similar replacement auto and additional transportation expenses, in- curred by you. This payment applies in ad- dition to the otherwise applicable amount of each coverage you have on the covered auto. No deductible applies to this coverage. However: (I) We will pay only for those expenses in- curred by you that begin 24 hours after the covered loss. (2) We will cease paying for those expenses, regardless of the policy's expiration date, at the earlier of the following dates: (3) (a) The number of days reasonably re- quired to repair or replace the cov- ered auto. If loss is caused by theft, this number of days is added to the number of days it takes to locate and return the covered auto to you; or (b) 45 days from the date this coverage begins. Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses in- curred by you; or (b) $1,500. (4) This coverage does not apply while there are spare or reserve autos available to you for your operations. (5) If loss results from the total theft of a covered private passenger type auto (if CA0012 is attached to this policy), or a covered private passenger auto (if CA0001 is attached to this policy), we will pay under this coverage only that amount of your covered rental expenses or additional transportation expenses which are not already provided for under the PHYSICAL DAMAGE COVER- AGE Extensions. J. Extended Towing Coverage 1. Form CA0001 (if attached to this policy), SECTION II1 - PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing, is re- placed by the following: CA7018 I O-0I T 2. Extended Towing We will pay up to $750 per disablement for towing and labor costs you incur each time your covered auto is disabled. However: a. All labor must be performed at the place of disablement; and b. If the covered auto is of the private passenger type no deductible applies; and c. If the covered auto is not of the pri- vate passenger type our obligation to pay will be reduced by a $250 deductible per disablement. 2. Form CA0012 (if attached to this policy), SECTION IV - PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing - Pri- vate Passenger Autos, is replaced by the fol- lowing: 2. Extended Towing We will pay up to $750 per disablement for towing and labor costs you incur each time your covered auto is disabled. However: a. All labor must be performed at the place of disablement; and b. If the covered auto is of the private passenger type no deductible applies; and c. If the covered auto is not of the private passenger type our obligation to pay will be reduced by a $250 deductible per disablement. K. Cancellation - 120 Days Notice If we cancel this policy for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured at the last mailing ad- dress known to us, written notice of cancellation at least 120 days prior to the effective date of can- cellation. L. Supplementary Payments - Increased Limits SECTION II - LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments, items (2) and (4) are replaced by the following: Page 4 of 6 (2) Up to $2,500 for the cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an accident we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including substantiated loss of earnings up to $500 a day, because of time off from work. M. Duties in the Event of Accident, Claim, Suit or Loss - Amended N. Form CA0001 (if attached to this policy) SEC- TION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, item 2. a.; and form CA0012 (if attached to this policy) SECTION V - TRUCKERS CONDITIONS, A. Loss Condi- tions, item 2. a.; is replaced by the following: a. In the event of accident, claim, suit or loss, you must promptly notify us or our authorized representative when it becomes known to: (1) You, if you are an individual; (2) Your partner or member, if you are a partnership or joint venture; Your member, if you are a limited liabil- ity company; (4) Your executive officer if you are an or- ganization other than a partnership, joint venture or limited liability company; or Your authorized representative or insur- ance manager. (3) (5) Knowledge of an accident, claim, suit or loss by other persons does not imply that the persons listed above have such knowledge. Notice should include: (1) How, when and where the accident or loss occurred; and (2) The insured's name and address; and (3) To the extent possible, the names and address of any injured persons and witnesses. Unintentional Failure to Disclose Hazards Form CA0001 (if attached to this policy), SEC- TION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, item 2.; and form CA0012 CA7018 10-0I T (if attached to this policy), SECTION V - TRUCKERS CONDITIONS, B. General Condi- tions, item 2.; the following is added: However, if you unintentionally fail to disclose any hazards existing at the inception date of this policy, we will not deny coverage under this Coverage Form because of such failure. however, this pro- vision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. O. Fellow Employee Coverage P. Section II - Liability Coverage, B. Exclusions, 5. Fellow Employee, the following is added: However, this exclusion does not apply if the bodily injury results from the use of a covered auto you own or hire, and provided that any coverage under this provision only applies in ex- cess over any other collectable insurance. Limited Mexico Coverage WARNING AUTO ACCIDENTS IN MEXICO ARE SUB- JECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEX- ICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PRO- VIDED HERE MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NO1' BE ALLOWED TO IMPLE- MENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PUR- CHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COM- PANY BEFORE DRIVING IN MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OC- CUR OUTSIDE OF 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. Form CA0001 (if attached to this policy), SEC- TION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, item 7.; and form CA0012 (if attached to this policy), SECTION V - TRUCKERS CONDITIONS, B. General Condi- tions, item 7.; the following is added: Page 5 of 6 Q. The coverage territory is extended to include Mexico, but only: a. For accidents or losses occurring within 25 miles of the United States border; and b. For trips into Mexico of 10 days or less; and c. If the covered auto is principally garaged and principally used in the United States; and d. If the insured is a resident of the United States. If a loss to a covered auto occurs in Mexico, we pay for such loss in the United States. If the cov- ered auto must be repaired in Mexico in order to be driven, we will not pay for more than the actual cash value of such loss as determined by us at the nearest United States point where the repairs can be made. Any insurance provided under this provision will be excess over any other collectible insurance. Extended Glass Coverage Form CA0001 (if attached to this policy), SEC- TION III - PHYSICAL DAMAGE COVER- AGE, A. Coverage, item 3.a.; and form CA0012 (if attached to this policy), SECTION IV - PHY- SICAL DAMAGE COVERAGE, A. Coverage, item 3.a.; is replaced by the following: a. Glass breakage. If glass must be replaced, the deductible will be $100 or the deductible shown in the Declarations, whichever is less. If glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. R. Broadened Definition of Bodily Injury Form CA0001 (if attached to this policy), SEC- TION V - DEFINITIONS, item C.; and Form CA0012 (if attached to this policy), SECTION VI - DEFINITIONS, item C.; is replaced by the fol- lowing: C. Bodily Injury means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or di- sease. CA7018 10-0 l T S. Customer Lease or Loan Physical Damage Cover- age Extension Form CA0001 (if attached to this policy), SEC- TION III - PHYSICAL DAMAGE COVER- AGE, C. Limit Of Insurance; and form CA0012 (if attached to this policy), SECTION IV - PHY- SICAL DAMAGE COVERAGE, C. Limits Of Insurance; item 4. is added as follows: 4. If your covered owned auto is: (l) Shown in the Schedule and designated as covered for Physical Damage Cover- age; and (2) Shown in this policy as having a loss payee or additional -insured -lessor; and (3) Incurs a covered total loss; we will pay the greater of: (a) The actual cash value, as determined by us, of the damaged or stolen property as of the time of the total loss; or (b) The outstanding indebtedness under the initial finance agreement for the covered auto and its equipment. As used here, outstanding indebtedness means the amount you owe on the finance agree- ment at the time of total loss: (i) Less any amounts representing taxes, overdue payments, penalties, interest, or charges resulting from overdue payments, additional mileage, excess wear and tear, or lease termination fees; and (ii) Less any administrative costs or overhead fees assessed by the finance company who has leased the covered auto to you; and (iii) Less security deposits not returned by the lessor; and (iv) Less costs for extended warranties, Credit Life Insurance, Health, Accident or Dis- ability Insurance purchased with the loan or lease; and (v) Less carry-over balances from previous loans or leases. Page 6 of 6 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZP80973506 Issued to: Ninyo & Moore Geotechnical & By: American Automobile Ins. Co. Premium (if any) TBD We have a 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 us). 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 2-5% of the California workers compensation premium otherwise due on such remuneration. Person or Organization Community Development Commission of the City of National City Attn: Denise 1243 National City Blvd. National City, CA 91950 Schedule Job Description Ref: On Call Service Contract. Community Development Commission of the City of National City, its' officers, agents and employees. WC 04 03 06 Countersigned by (Ed. 4-84) Authorized Representative THIS DOCUMENT HAS A TRUE DEFENSATM WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES ,_BUSINESS.LICENSE`CERTIFICATE PUR9UANTf0 C,(TYORDJNANCE THIS LICENSE IS HEREBYORANTEDFOR THE TERM & PUF POSE $.TATED1-• 13USINESS�1OD SS° 5f 10 RIJFAN RD. BUSINESS; NAME 'ATTN ,MAILING •ADDRSS NON iRANSFEf3ABLE NIN"YO"8, MOORE .5719 RUT -FIN RD SAN ;bIEGO, CA 921,23-1013 j4. i14':611.AT — POST INA CONSPICUOUS-PLAGE ate o1 PIratiOii.: 12131 /2009 *' t ...� finance Director THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 27499 T ADMR TOTAL $65.00 $10.50 $75.50 RESOLUTION NO. 2009 — 164 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY APPROVING AN AGREEMENT WITH NINYO & MOORE, INC., IN THE NOT -TO -EXCEED AMOUNT OF $250,000 FOR ENVIRONMENTAL CONSULTING SERVICES RELATED TO THE NATIONAL CITY REDEVELOPMENT PROJECT WHEREAS, the Community Development Commission (CDC) requires environmental consulting services related to the Redevelopment Plan for the National City Redevelopment Project and the Five Year Implementation Plan 2005 -2009; and WHEREAS, a competitive Request for Qualifications process led to the selection of four highly qualified environmental consulting firms to serve in an as -needed capacity to the CDC for fiscal years 2005-2006 and 2006-2007; and WHEREAS, Ninyo & Moore, Inc., was among the selected firms that demonstrated their ability to provide said services to the CDC in a highly professional and economic manner; and WHEREAS, due to the quality, cost, and timeliness of work provided to the CDC, it is desirable to retain the firm through June 30, 2011, for the not -to -exceed amount of $250,000. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement with Ninyo & Moore, Inc., in the not -to -exceed amount of $250,000 for as -needed environmental consulting services related to the National City Redevelopment Project. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of June, 2009. on Morrison, Chairman APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Passed and adopted by the Community Development Commission of the City of National City, California, on June 16, 2009, by the following vote, to -wit: Ayes: Commissioners Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission Secretary, Coevelopment Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-164 of the Community Development Commission of the City of National City, California, passed and adopted on June 16, 2009. Secretary, Community Development Commission By: Deputy City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 16, 2009 AGENDA ITEM NO. 41 ITEM TITLE A resolution approving an Agreement with Ninyo + Moore, Inc. for as -needed environmental consulting service not to exceed $250,000 until June 30, 2011. PREPARED BY (� Patricia Beard (ext 4255) Redevelopment Manager DEPARTMENT Redevelopment Divisi EXPLANATION Ninyo + Moore, Inc, a highly qualified environ =ntal engineering firm has provided as -needed consulting services to the CDC since they were selected as part of a competitive Request for Qualifications process in 2005. Staff continues to be extremely satisfied with the quality, cost and timeliness of services provided and would like to re- engage the firm for a two-year contract until June 30, 2011. Geosyntech has assisted CDC with a environmental investigations related to Habitat for Humanities projects on G Avenue and Harding Avenue, as well as investigations related to the Downtown Specific Plan. Activities have been paid for through developer deposits. The total amount paid to the firm since July 1, 2007 (the previous contract period) was $8,800. Environmental Review Not applicable. Financial Statement The Agreement, if approved, would authorize staff to use services as needed up to a total of $250,000 over a two-year period. Most costs will be paid through developer deposits and grants however Tax Increment funding may be used where no outside sources can be identified. i STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 5a) Implement the Downtown Specific Plan, 7b) Invest in infrastructure and aging public facilities. 1 f ATTACHMENTS 1. Proposed Agreement Resolution No. City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 June 29, 2009 Mr. Stephan A. Beck Ninyo & Moore, Inc. 5710 Ruffin Road San Diego, CA 92123 Dear Mr. Beck, On June 16th, 2009, Resolution No. 2009-164 was passed and adopted by the Community Development Commission of the City of National City, approving an Agreement with Ninyo & Moore. Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Sincerely, Michael R. Dalia, CMC City Clerk Enclosures cc: Community Development Commission ® Recycled Paper