HomeMy WebLinkAbout2009 CON Wade & Associates - Project Management Services - Street Resurfacing FY 09-10AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
WADE & ASSOCIATES
THIS AGREEMENT is entered into this 4th day of August 2009, by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Wade & Associates, a
project management company (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide project
management services.
WHEREAS, the CITY has determined that the CONSULTANT is a multi -
disciplined and reputable project management company 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 10% from the
base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Din Daneshfar, P.E., Principal Civil Engineer, hereby is designated as the Project
Coordinator for the CITY and will monitor the progress and execution of this Agreement. The
CONSULTANT shall assign a single Project Director to provide supervision and have overall
responsibility for the progress and execution of this Agreement for the CONSULTANT. Byron
Wade, Principal Project Manager, 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 the schedule given in Exhibit
"A" (the base amount) without prior written authorization from the Project Coordinator. Monthly
invoices will be processed for payment and remitted within thirty (30) days from receipt of
invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the
CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of final payment under this Agreement, for inspection by
the CITY and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City shall decide any and all
questions which may arise as to the quality or acceptability of the services performed and the
manner of performance, the acceptable completion of this Agreement and the amount of
compensation due. In the event the CONSULTANT and the City cannot agree to the quality or
acceptability of the work, the manner of performance and/or the compensation payable to the
CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written
notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a
report which supports their position and file the same with the other party. The City shall, with
reasonable diligence, determine the quality or acceptability of the work, the manner of
performance and/or the compensation payable to the CONSULTANT.
6. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth in Exhibit "A". Work to be started within 5 working
days of Purchase Order date (notice to proceed). Work to be completed within 90 working days
of start date.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONSULTANT for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY upon completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications or other work
prepared under this agreement, except upon the CITY's prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall,
upon request of the CITY, execute any further document(s) necessary to further effectuate this
waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's
written work product for the CITY's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
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City's Standard Agreement — June 2008 revision
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 CONSULTANT. Both parties hereto in the performance
of this Agreement will be acting in an independent capacity and not as agents, employees,
partners or joint venturers with one another. Neither the CONSULTANT nor the
CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights,
benefits, or privileges of the CITY's employees, including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional
reputation and competence of the CONSULTANT and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONSULTANT without the prior written consent
of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from
employing or hiring as many employees, or subconsultant, as the CONSULTANT
may deem necessary for the proper and efficient performance of this Agreement. All
agreements by CONSULTANT with its subconsultant(s) shall require the subconsultant to
adhere to the applicable terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents or employees shall
have any control over the conduct of the CONSULTANT or any of the CONSULTANT's
employees except as herein set forth, and the CONSULTANT expressly agrees not to
represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are
in any manner agents, servants or employees of the CITY, it being understood that the
CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent
CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are
prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT, and each
of its subconsultants, shall obtain and maintain a current City of National City business license
prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONSULTANT represents and covenants
that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONSULTANT'S trade or profession currently practicing under
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City's Standard Agreement - June 2008 revision
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 CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONSULTANT's professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONSULTANT has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all
products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONSULTANT agrees
to post in conspicuous places available to employees and applicants for employment any
notices provided by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to
be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any
part of the information that (i) has been disclosed in publicly available sources of information; (ii)
is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a
third party, but only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
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City's Standard Agreement — June 2008 revision
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 be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall
purchase and maintain, and shall require its subconsultants, when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies:
® A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of $1,000,000
per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising
out of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided
prior to commencement of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
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City's Standard Agreement - June 2008 revision
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 be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of
the representations and warranties on the part of the other party arising out of this Agreement,
then in that event, the prevailing party in such action or dispute, whether by final judgment or
out -of -court settlement, shall be entitled to have and recover of and from the other party all
costs and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The
costs of mediation shall be borne equally by the parties. Any controversy or claim arising out
of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation, shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties
to the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
20. TERMINATION. A. This Agreement may be terminated with or without
cause by the CITY. Termination without cause shall be effective only upon 60-day's written
notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all
services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
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City's Standard Agreement - June 2008 revision
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
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective
date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of
said written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a
reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONSULTANT.
21. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight
mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if
the address is outside the State of California) after the date of deposit in a post office, mailbox,
mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
To CITY:
To CONSULTANT:
Maryam Babaki, P.E.
City Engineer
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Phone: 619-336-4383
Fax: 619-336-4397
Email: Mbabaki@nationalcityca.gov
Byron Wade
11320 Meadow View Road
El Cajon, CA 92020
Phone: 619-244-3418
Fax: 619-588-5475
Email: Byronwade1@mac.com
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
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City's Standard Agreement — June 2008 revision
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 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.
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
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City's Standard Agreement — June 2008 revision
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.
CITY OF NATIONAL CITY
B
on Morrison, Mayor
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
KF:kf
Wade & Associates
(Partnership ono signature)
(Sole proprietorship - one signat e))
�GL�
By:
(Print)
(Title)
9
City's Standard Agreement — June 2008 revision
EXHIBIT "A"
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City's Standard Agreement —June 2008 revision
WADE & ASSOCIATES
PROJECT MANAGEMENT 656 Fifth Avenue, Suite W TEL (619) 244-3418
San Diego, California 92101 FAX (619) 794-0180
Byronwade1@mac.com
July 1, 2009
Din Daneshfar, Principal Civil Engineer
City of National City
1243 National City Blvd.
National City, CA 91950
RE: Project Management Services for the City of National City,
Street Resurfacing Project, FY09-10, Spec. No. 09-09
Dear Din,
I am submitting this proposal per your request for a cost estimate to provide project
management services for the design phase of the abovementioned project that will begin on
July 28, 2009 and be complete on or about December 4, 2009.
SCOPE
As the project manager for this project I will work with the City of National City, their project
inspector and the contractor to coordinate all aspects of the construction activities and public
outreach, which includes:
• Attend pre -construction meeting.
• Process RFI's and submittals.
• Review, negotiate, recommend and draft change orders for City approval as necessary.
• Review and recommend invoices for payment.
• Visit the construction as needed to assist in problem resolution.
• Maintain a master construction file.
• Take efforts as necessary and directed to communicate the construction activities to the
general public.
• Review certified payroll and maintain records.
• Finalize the project per City policy and standards.
See attached worksheet for cost breakdown.
Thank you for this opportunity to serve the City of National City on this project.
Sincerely,
/0
ade
rincipal Project Manager
WADE & ASSOCIATES
Fee Proposal/Cost Estimate
for
City of National City
Resufacing Project FY 2009-2010
Specification 09-09
Estimated Hours:
#
Task
Principal
Project
Manager
Project
Manager
CAD Oper/
Admin.
Assistant
Survey
Crew
TOTALS
1
Project Management
380
280
60
90,480
2
Certified Payroll
24
136
12,848
Total Hours
404
280
196
Rates
150
105
68
TOTALS
60,600
29,400
13,328
-
$ 103,328
Estimated Reimbursable Costs:
#
Item
Type of
Units
Cost per Units
Estimated
number of
Units
TOTALS
1
B&W Copies/Prints 8 1/2" x 11"
Each
$ 0.20
80
16.00
2
Color Copies/Prints 8 1/2" x 11"
Each
$ 1.00
40
40.00
3
Full Size (D Sheets) Paper
Each
$ 15.00
-
4
Full Size (D Sheets) Mylars
Each
$ 30.00
-
5
CD Roms
Each
$ 5.00
1
5.00
6
Binder, 2"
Each
$ 22.00
-
7
Binder, 3"
Each
S 26.00
6
156.00
8
Printing Flyers & Doorhangers (estimated)
LS
$ 1,200.00
1
1,320.00
Total Expenses
Total Consulting Fee (above)
Total Cost Estimate
1,537.00
103,328.00
$ 104,865.00
n 10% Overhead fee will be charged to subcontracted expenses.
Wade
Principal Project Manager
June 21, 2009
ACORD CERTIFICATE OF LIABILITY INSURANCE
OP ID SG
WADE&-1
DATE 1 rAgbOU.Y r' r r .
05/20/09
PRODUCER
Ahern Insurance Brokerage
9655 Granite Ridge Dr., #500
San Diego CA 92123
Phone: 858-571-9030 Fax:858-571-9010
INSURED
Wade & Associates
656 Fifth Avenue Ste. W
San Diego CA 92101
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER A
INSURER B'.
INSURER C
INSURER 0
INSURER E.
Parma.ngton Casualty Company
NAIC #
41483
V 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.r OD C POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR INSRD' TYPE OF INSURANCE POLICY NUMBER IDATE IMMIDDNYYY) DATE (MMIDDIYYYYj
GENERAL LIABILITY
EACH OCCURRENCE
$ 1000000
A COMMERCIAL GENERAL LIABILITY I6804102M340 05/23/09 05/23/10
DAMAGE TO RENTED
PREMISES (Ea occurenccl
$ 300000
CLAIMS MADE X OCCUR
MED EXP (Any ono Person)
$ 5000
X Business Owners
PERSONAL EADVIHJVRY
$ 1000000
GENERAL AGGREGATE
$ 2000000
GENT. AGGREGATE LIMIT APPLIES PER
PRODUCTS , COMPIOP AGG
T 2000000
_.._ POLICY 1._.. _..i JECT 1 , LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea accidon0
$ 1000000
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY
1 ------
(Pm person)
$
SCHEDULED AUTOS
A ; X
HIRED AUTOS I6804102M340
05/23/09 05/23/10
BODILY INJURY
$
(Per accldonl)
X NON.OWNEp AUTOS
',, PROPERTY DAMAGE
', (Poo occntoni)
GARAGE LIABILITY
AUTO ONLY • EA ACCIDENT
$
IANY AUTO
OTHER THAN EAACC
$
I
I
AUTO ONLY: AGG
$
EXCESS 1 UMBRELLA LIABILITY
I EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE !
$
$
DEDUCTIBLE
$ ._....
IRETENTION $
-
$
WORKERS COMPENSATION
WC STATU- OTH.
TORY LIMITS I ER
AND EMPLOYERS' LIABILITY YIN
.
ANY PROPRIETORIPARTNERIEXECUTIVE
E L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
E.L. DISEASE • EA EMPLOYEE
$
II yes, desu1SO ur1,101
SPECIAL PROVISIONS below
E L DISEASE • POLICY LIMIT
$
OTHER
A I6804102M340
05/23/09 05/23/10
PROPERTY
5150
Dedt
500
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT 1SPECIAL PROVISIONS
Certificate holder is named as additional insured as respects their
interest. Blanket additional insured per the XTEND endorsement. Special
form
including theft. Business Income 12 months actual loss sustained.
*10 day notice of cancellation in the event of non- payment
CERTIFICATE HOLDER
CANCELLATION
CITYNA4
City of National City
1243 National City Blvd.
National City CA 91950
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 _ PAYS 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 (2009/01)
988=2D0
The ACORD name and logo are registered marks of ACORD
O'-0 , II rights reserved.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement, A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009101)
POLICY NUMBER: I-680-41022a340•ACJ-06
COMMERCIAL, GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED -DESIGNATED PERSON
OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of person or organization;
CITY QF NATIONAL CITY
1243 NATIONAL CITY BLVD.
NATIONAL CITY CA 91950
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your ads or omissions.
CG T4 91 11 88
Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1
A� D® CERTIFICATE OF LIABILITY INSURANCE
OP ID SG
WADE&-1
DATE (MM/DD/YYYY)
07/29/09
PRODUCER
Ahern Insurance Brokerage
9655 Granite Ridge Dr., #500
San Diego CA 92123
Phone: 858-571-9030
Fax: 858-571-9010
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Wade & Associates
656 Fifth Avenue Ste. I
San Diego CA 92101
INSURER A: Farmington Casualty Company
INSURER B:
INSURER C.
INSURER D.
INSURER E.
41483
COVERAGES
THE
ANY
MAY
POLICIES
INSR
LTR
POLICIES
REQUIREMENT,
PERTAIN,
DD'L
NSRD
OF INSURANCE LISTED BELOW
TERM OR CONDITION OF
THE INSURANCE AFFORDED BY
AGGREGATE LIMITS SHOWN MAY
TYPE OF INSURANCE
HAVE BEEN ISSUED TO THE INSURED
ANY CONTRACT OR OTHER DOCUMENT
THE POLICIES DESCRIBED HEREIN
HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY NUMBER
NAMED ABOVE FOR
WITH RESPECT
IS SUBJECT TO ALL
POLICY EFFECTIVE
DATE (MM/DD/YYYY)
THE POLICY PERIOD
TO WHICH THIS CERTIFICATE
THE TERMS, EXCLUSIONS
POLICY EXPIRATION
DATE (MM/DD/YYYY)
INDICATED. NOTWITHSTANDING
MAY BE ISSUED OR
AND CONDITIONS OF SUCH
LIMITS
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$
DAMAGE TO RENTED
PREMISES (Ea occurence)
$
I CLAIMS MADE OCCUR
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
GENERAL AGGREGATE
$
$
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$
POLICY I JECT LOC
AUTOMOBILE
_ _
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
$
EXCESS
I UMBRELLA LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
AGGREGATE
$
$
$
$
A
WORKERS
AND EMPLOYERS'
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER
(Mandatory
If yes, describe
SPECIAL PROVISIONS
COMPENSATION
LIABILITY Y/N
ITUB5091M841
07/08/09
07/08/10
X WC STATU- OTH-
TORY LIMITS ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
$ 1000000
$ 1000000
EXCLUDED?
in NH)
under
below
E.L. DISEASE - POLICY LIMIT
$ 1000000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Certificate issued for proof of coverage only. Waiver of Subrogation
applies
*10 day notice of cancellation in the event of non- payment
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITYNA4
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
City of National City
1243 National City Blvd.
REPRESENTATIVES.
National City CA 91950
AUTHO ZED REPRESENTATIVE
t. t , n 11 ^^ 1 41..Ca .J
ACORD 25 (2009/01)
9$8"2b05ICCC1R6'i✓0IiP0RATIDTV. All rights reserved.
The ACORD name and logo are registered marks of ACORD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009/01)
TRAVELERSJ
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 04 03 06 (01) — 001
POLICY NUMBER: (ITUB-5091M84-1-09)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT-CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from 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 . 500 % OF THE CALIFORNIA WORKERS'
COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION.
SCHEDULE
PERSON OR ORGANIZATION JOB DESCRIPTION
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD
NATIONAL CITY, CA 91950
LEGAL SERVICES
DATE OF ISSUE: 06-09-09 ST ASSIGN:
RESOLUTION NO. 2009 - 190
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WADE & ASSOCIATES
FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE NATIONAL CITY STREET
RESURFACING PROJECT, FY 09-10, IN THE AMOUNT NOT -TO -EXCEED $104,865.00
WHEREAS, it is necessary for the City to retain the services of a consultant to
provide construction management services for the National City Street Resurfacing Project, FY
09-10; and
WHEREAS, Wade & Associates is a qualified construction management firm,
and is willing to provide those services in the not -to -exceed amount of $104,865.00.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Agreement with Wade & Associates for
construction management services for the National City Street Resurfacing Project, FY 09-10,
with a not -to -exceed amount of $104,865.00.
PASSED and ADOPTED this 4th day of August, 2009.
Ron Morrison, Mayor
ATTEST: , APPROVED AS TO FORM:
A:
Michael Dalla, City Clerk
CD ZIA:alit
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on August 4,
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
Ae211)
City CI ik of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-190 of the City of National City, California, passed and
adopted by the Council of said City on August 4, 2009.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
*awe MEETING DATE August 4, 2009
AGENDA ITEM NO.
6
/ITEM TITLE A Resolution of the City Council of the City of National City approving an agreement with
Wade and Associates for Construction Management Services for the National City Street Resurfacing
Project, FY 09-10, in the amount not -to -exceed $104,865.00 and authorizing the Mayor to execute the
agreement. (Funded through Gas Tax, Proposition "A", and Traffic Congestion Relief funds)
PREPARED BY Kenneth Fernandez
EXPLANATION
Please see attached page with explanation.
DEPARTMENT EXT. 4388
Development Services/ Engineering
Environmental Review X N/A
Financial Statement
MIS Approval
Approved By:
Finance Director
Funds are available in expenditure account numbers 109-409-500-598-6035 (Gas Tax), 307-409-500-598-6035 (Proposition "A"),
and 345-409-500-598-6035 (Traffic Congestion Relief).
Account No
STAFF RECOMMENDATION
Adopt the Resolu '. n.
BOARD / COMMISSIO RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
1. Resolution
2. Proposal
3. Contract
-\a0
A-200 (Rev. 7/03) SPEC 09-09 CM Wade
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
August 11, 2009
Mr. Byron Wade
Wade & Associates
656 Fifth Avenue, Suite I
San Diego, CA 92101
Dear Mr. Wade,
On August 4th, 2009, Resolution No. 2009-190 was passed and adopted by the
City Council of the City of National City, authorizing execution of Agreement with
Wade & Associates.
We are enclosing for your records a certified copy of the above Resolution and a
fully executed original Agreement.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosures
cc: Engineering Department
® Recycled Paper