HomeMy WebLinkAbout2009 CON Wade & Associates - Project Management Services - Capital Improvement ProjectsAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
WADE & ASSOCIATES
THIS AGREEMENT is entered into this 6th day of October, 2009, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Wade &
Associates, (the CONSULTANT).
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call
general engineering services, construction inspections and project management services for the
City's Capital Improvement projects.
WHEREAS, the CITY has determined that the CONSULTANT is a project
management firm and is qualified by experience and ability to perform the services desired by
the CITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage
the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter
set forth in accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services required hereunder will. be
performed directly by the CONSULTANT or under direct supervision of the CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT will perform services on an
on -call basis. The scope of work will be defined for each project in accords with Exhibit A.
The CONSULTANT shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY.
The CITY may unilaterally, or upon request from the CONSULTANT, from time to time
reduce or increase the Scope of Services to be performed by the CONSULTANT under this
Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction or increase in the compensation
associated with said change in services, not to exceed a factor of 5% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Barbara Tipton hereby is designated as the Project Coordinator for the CITY and
will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a
single Project Director to provide supervision and have overall responsibility for the progress
and execution of this Agreement for the CONSULTANT. Byron Wade thereby is designated as
the Project Director for the CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on actual work requested and performed, not -to -exceed
$200,000.00. Monthly invoices will be processed for payment and remitted within thirty (30)
days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as
determined by the CITY. The CONSULTANT shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs incurred and
shall make such materials available at its office at all reasonable times during the term of this
Agreement and for three (3) years from the date of final payment under this Agreement, for
inspection by the CITY and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City shall decide any and all
questions which may arise as to the quality or acceptability of the services performed and the
manner of performance, the acceptable completion of this Agreement and the amount of
compensation due. In the event the CONSULTANT and the City cannot agree to the quality or
acceptability of the work, the manner of performance and/or the compensation payable to the
CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written
notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a
report which supports their position and file the same with the other party. The City shall, with
reasonable diligence, determine the quality or acceptability of the work, the manner of
performance and/or the compensation payable to the CONSULTANT.
6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed
agreement from the CITY and terminates on October 6, 2010.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONSULTANT for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY upon completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications or other work
prepared under this agreement, except upon the CITY's prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall,
upon request of the CITY, execute any further document(s) necessary to further effectuate this
waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's
written work product for the CITY's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14
but only with respect to the effect of the modification or reuse by the CITY, or for any liability to
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the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. INDEPENDENT CONSULTANT. Both parties hereto in the performance
of this Agreement will be acting in an independent capacity and not as agents, employees,
partners or joint venturers with one another. Neither the CONSULTANT nor the
CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights,
benefits, or privileges of the CITY's employees, including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONSULTANT and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONSULTANT without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or
hiring as many employees, or subCONSULTANTs, as the CONSULTANT
may deem necessary for the proper and efficient performance of this Agreement. All
agreements by CONSULTANT with its SUBCONSULTANT(s) shall require the
subCONSULTANT to adhere to the applicable terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents or employees shall
have any control over the conduct of the CONSULTANT or any of the CONSULTANT's
employees except as herein set forth, and the CONSULTANT expressly agrees not to represent
that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any
manner agents, servants or employees of the CITY, it being understood that the
CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent
CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are
prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT, and each
of its subCONSULTANTs, shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONSULTANT represents and covenants
that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONSULTANT'S trade or profession currently practicing under
similar conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
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B. Unless disclosed in writing prior to the date of this agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding,
been debarred by a governmental agency or involved in debarment, arbitration or litigation
proceedings concerning the CONSULTANT's professional performance or the furnishing of
materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONSULTANT has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all
products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONSULTANT agrees
to post in conspicuous places available to employees and applicants for employment any
notices provided by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to
be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any
part of the information that (i) has been disclosed in publicly available sources of information; (ii)
is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a
third party, but only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
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City's Standard Agreement — June 2008 revision
15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to, or death
of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable
attorneys' fees, and defense costs, of any kind or nature, including workers' compensation
claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's
negligent performance of this Agreement.
16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall
purchase and maintain, and shall require its SUBCONSULTANTS, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance policies:
® A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of $1,000,000
per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising
out of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided
prior to commencement of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
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City's Standard Agreement — June 2008 revision
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
K. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then
in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute
by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of
the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of
mediation shall be borne equally by the parties. Any controversy or claim arising out of, or
relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties
to the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
20. TERMINATION. A. This Agreement may be terminated with or without
cause by the CITY. Termination without cause shall be effective only upon 60-day's written
notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all
services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
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City's Standard Agreement — June 2008 revision
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective
date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said
written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a
reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONSULTANT.
21. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight
mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if
the address is outside the State of California) after the date of deposit in a post office, mailbox,
mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
To CITY:
To CONSULTANT:
City of National City
Maryam Babaki, Director of Development Services
1243 National City Blvd
National City, CA 91950
Byron Wade
Wade & Associates
11320 Meadow View Road
El Cajon, CA 92020
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT has a material financial interest,
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City's Standard Agreement — June 2008 revision
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 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.
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K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation
and negotiation of this Agreement, (iii) each such party has consulted with or has had the
opportunity to consult with its own, independent counsel and such other professional advisors
as such party has deemed appropriate, relative to any and all matters contemplated under this
Agreement, (iv) each party and such party's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
By:
R n Morrison,, Mayor
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
WADE & ASSOCIATES
(Corporation — signatures of two corporate officers)
(Partnership — one signature)
(Sole proprietors ip — one signature)
(Title)
By:
(Name)
(Print)
(Title)
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City's Standard Agreement — June 2008 revision
EXHIBIT "A"
The City will request various engineering services for the duration of this agreement.
For each request, Consultant shall submit a cost proposal for the particular
project/service consistent with hourly rates provided in Consultants response to the
City's initial Request for Proposal for On -Call Engineering Services.
The City reserves the right to interview and approve individuals selected from your firm
to provide services to the City.
EXHIBIT "A"
WADE & ASSOCIATES
PLANNING
ENGINEEHING
PROJECT"MANAGEMENT
August 26, 2009
City of National City
Development Services/Engineering Division
Attention: Din Daneshfar, P-E., Principal Civil Engineer
1243 National City Boulevard
National City, California 91950
RE: Request for Proposal for On -Call Professional Engineering, Financing, Surveying,
Design, Project/Construction Management and Inspection Services.
DearDin Daneshfar,
Thank you for the opportunity to submit a proposal for your on -call professional services.
Wade & Associates recently expanded our scope of services available to include civil
engineering, management/financial analysis and planning. We gathered a team of highly
qualified specialists in each field to provide clients with the highest level of professional service
available- By including these additional services we expect to be able to carry any of your
projects from concept to completion.
Since 2003 we have been the premier public works project management company in San Diego
County with a perfect record of project completion for over 40 projects. Our main clients are the
Centre City Development Corporation and the City of National City- As the principal at Wade &
Associates I have over 23 years of experience in public work projects with a perfect delivery
record.
Wade & Associates is also teaming up with proven local firms in this proposal to provide other
areas of expertise you may require in accordance with your RFP for on -call services.
We look forward to working with you on many future projects and to continue to deliver
successful projects.
Sincerely,
Byron S. ade
Ownerr Principal
Attachments
656 Fifth Avenue, Suite W
San Diego, Calfforrna 92101
rel (619) 244-3418
i ax 1,619) 794-0180
byronwade I a3mac_corn
Request for Proposal for On -Call Services
City of National City
August 26, 2009
Scope of Services
General Commitments:
1. Wade & Associates and partnering firms will provide to the City of National City all
requested fee proposals within seventy-two hours of receipt of such requests and all
proposals shall be prepared on the basis of the standard schedule of fees stated within
this proposal.
2. All engineering services provided will be performed and deliverables produced in
accordance with the project drawings and specifications, Standard Specifications for
Public Works, San Diego Area Regional Standard Drawings, Standard Specifications for
Public Works Construction, Caltrans Standard Specifications and Drawings, California
and Federal regulations as required.
3. Wade & Associates and partners will certify and execute an affidavit to refrain from
performing any services that may lead to a conflict of interest with National City interests
and will inform National City of any potential conflicts of interest.
4. Services will be provided efficiently and in a timely fashion.
5. Billings and invoices will be submitted in a form and substance in accordance with
National City policies.
6. Wade & Associates will work with National City and its staff in a partnering environment
where the needs and ideas of the City and its staff are paramount.
7. Wade & Associates will provide periodic updates and suggestions to the Standard
Specifications for Public Works, San Diego Area Regional Standard Drawings, Standard
Specifications for Public Works Construction, Caltrans Standard Specifications and
Drawings. California and Federal regulations. These updates and suggestions are
considered good client relations and will be provided at no cost to National City.
Staffing:
Wade & Associates
Principal Project Manager,
Minimum 15 years experience in managing complex public works projects.
Directly manages projects and coordinates all phases of the project. Is the direct
contact and responsible person to the City and all participants in any project.
Project Manager
Works under the directions of the Principal Project Manager and performs
general project management duties.
Principal Civil Engineer
Licensed Civil Engineer in the State of California with at least 15 years
experience in the design and construction of public works projects. Oversees the
engineering of all projects; writes and processes state and federal grant
applications.
WADI-. & ASSOCIATES
656 Fifth Avenue. Suite W
San r)iego, California 92101
2
Tel (619) 244 3418
Fax (619) 194-0180
byronwade1@niac.com
Request tor Proposal for On Call Services
City of National City
August 26, 2009
Assistant Engineer 11/Project Coordinator (available for on -site placement/support)
Engineering Degree with a minimum of 5 years experience in the design of public
works projects. Experience designing/permitting projects with local and state
agencies. Works independently on all facets of project management, design and
grant writing. Engineering work is reviewed and approved by the Principal Civil
Engineer.
Assistant Engineer II/Project Coordinator (available for on -site placement/support)
Engineering Degree. Can work independently on many facets of project
management but works under the supervision of the Principal Civil Engineer for
engineering tasks and Principal Project Manager for all other tasks_
Principal Planner
15 years experience minimum as a City Planner in California. Can perform all
duties required of a City Planning Department.
Financial/Management Analyst 11 (available for on -site placement/support)
Degree in Finance, Accounting or Business Administration. Minimum of 5 years
experience as an analyst, or an accountant. Is able to work independently on a
multitude of projects that involve financial reporting, accounting, budgeting, grant
writing and analysis.
Financial/Management Analyst 1 (available for on -site placement/support)
Degree in Finance, Accounting or Business Administration. Is able to work
independently on a multitude of projects that involve financial reporting,
accounting, budgeting and analysis, but may require more direction and
oversight. Typically a recent college graduate.
CAD Operator/Administration Assistant
Completely versed and capable in producing CAD drawings for civil engineering
projects. Ability to develop spreadsheets and reports. Can maintain files and
certified payroll records.
Public Works Inspector
Minimum 5 years experience with public works project design or inspection.
Works directly under and reports to the Principal Project Manager.
Oriel Engineering
Will be providing structural engineering services. Please see attachment from
Orie2 Engineering for available staff, Fee Schedule, Statement of Qualifications and
Relevant Experience.
May Group, Inc.
Will be providing surveying services that can include, boundary, topographical. site
planning, subdivision, control, construction and court exhibit surveys. Please see the
attachment from May Group for available staff and Fee Schedule. May Group is a Civil
Engineering firm in San Diego licensed to perform surveying with an experienced crew
and modern equipment immediately available for service.
WADE & ASSOCIATES
656 Fifth Avenue, Suite W
San Diego, California 92101
3
lel (619) 244-3418
Fax (619) 794 -0180
byronwadel umac.cora
Request for Proposal for On -Call Services
City of National City
August 26, 2009
Environs Landscape Architecture, Inc.
Environs is a local Landscape Architecture firm. Its principal, Marty Schmidt, has been a
local licensed Landscape Architect for over 20 years with local municipality experience
and many awards for design excellence. Please see the attachment from Environs for
company information, available staff and Fee Schedule.
Scope of Services:
Wade & Associates and its partners in this RFP can and will provide as requested all aspects of
project planning, grant applications, project financial/budget analysis and reporting, project
design and management from concept to completion.
Examples of tasks that can be performed may include, (but are not limited to):
Planning Phase
• Develop all aspects and requirements of a general plan or any other city planning
requirements.
Project Concept/Finance Phase
• Provide Management Analyst support for the CIP projects including but not
limited to: budgeting, account reconciliation, grant reporting, and certified payroll
review.
• Prepare and process state and federal grant applications.
Schematic Design Phase
• Prepare as -built drawings of existing conditions.
• Prepare schematic design drawings for the proposed improvements.
• Review existing utility facility drawings and locate/relocate accordingly.
• Develop preliminary construction cost estimate for the planned improvements.
• Attend meeting with the City and other parties to discuss program and review
schematic design concepts.
Field Engineering Survey Phase
• Boundary Survey
• Topographic Survey
• Site Planning Survey
• Subdivision Survey
• Control Survey
• Construction Survey
• Court Exhibit Survey
Construction Document Phase
• Prepare drawings and specifications to current standards that are suitable for
bidding.
• Work with National City staff and stakeholders and incorporate plan check
comments.
• Develop detailed project cost estimates.
WADE & AS5O IATES
656 Fifth Avenue, Suite W
San Diego, California 92101
Tel (619) 244-31 18
Fax (619)794-0180
byronwade 14macrcom
Request for Proposal for On -Call Services
City of National City
August 26, 2009
• Provide civil engineering, structural engineering, landscape architecfural,
surveying services and calculations necessary to the project design.
• Conduct public outreach as required.
• Provide project coordination with other governmental agencies, utilities and other
City Departments, prepare and process permits, reports and documents as
required.
• Provide final original drawings, specifications and contract documents for bid
packages.
Bid Phase
• Conduct pre -bid meetings.
• Review and respond to RFI's and issue addenda.
• Attend bid opening and assist in bid evaluations.
• Make recommendations for actions on bid irregularities.
Construction Administration Phase
• Conduct pre -construction meetings.
• Conduct community outreach as required.
• Conduct as -needed site visits with the contractor.
• Ensure contractor compliance with contract documents, specifications, state and
federal regulations.
• Hold weekly or Bi-weekly meetings and prepare agendas, meeting minutes, and
chair all weekly progress and coordination meetings required by the
specifications and as needed during the project.
• Review and approve or take other appropriate action upon Contractor's
submittals and shop drawings as required by contract documents.
• Interpret contract documents (including all sub -consultant disciplines) for proper
execution and progress of construction, including responding to contractor's
requests for information and clarifications. Log and facilitate all Contractor
Requests for information (RFI), coordinating with National City staff and assuring
that RFIs are responded to expeditiously.
• Make at least one scheduled site visit every week during the course of
construction to observe the project, and prepare site visit report. Site visit shall
include meeting with contractor and City representative to review progress of
construction, review pending RFI and Change Order information, and observe
the construction to verify work is proceeding in accordance with construction
documents.
• Assist in reviewing and processing contractor's progress payment requests, and
certifying the amount due to the Contractor.
• Revise contract documents resulting from City requested changes to documents
previously approved by the City, or due to code or zoning changes made
subsequent to City approval.
• Provide services required because of significant changes in the project (not due
to the design team's acts or omissions) including, but not limited to, size, quality,
complexity, schedule, or the method for bidding and contracting for construction.
WADE & ASSOCIATES
656 Fifth Avenue. Suite W
San Diego, California 92101
5
Tel (619) 244-3418
Fax (619) 794 -0180
hyronwadel r4rnac.com
Request for Proposal for On -Call Services
City of National City
August 26, 2009
• Assist in design revisions and project change order review, negotiate and make
recommendations on Contractor- and Owner -generated construction contract
change orders; address contract revisions, design changes, unanticipated field
conditions, additional work requests, etc. Once reviewed, make
recommendations to National City for review prior to responding to the
Contractor.
• Prepare contract revisions, if required, during construction to resolve problems
due to unanticipated field conditions or other field changes. Consult with and
advise National City on contract revision -related issues.
• Provide scheduling services for periodic review, analysis and tracking of the
Contractor's construction schedule_
• Provide construction cost accounting services during the construction phase,
including such tasks as progress payment review, cost accounting, budget
tracking, general correspondence with National City, etc.
• Facilitate any required materials testing required by the contract and shall
coordinate and review lab, shop and manufacturers test reports, results of field
materials testing, etc.
Project Closeout Phase
• Make site visits to perform Punch list Inspection, and one additional visit to
perform Final Inspection. Punch list Inspection will include a detailed listing of all
items remaining to be completed by the Contractor. Final Inspection will certify
that all work has been completed in accordance with construction documents.
• Assist National City staff with project closeout, including final acceptance, claims,
negotiations, preparation of Notices of Completion, and making
recommendations for final payment and release of retention or securities to the
Contractor.
These are just an outline of services that can be provided. Wade & Associates and its partners
are able and willing to provide any other services within our areas of expertise as may be
required by National City.
WADE & ASSOCIATES
656 HMI Avenue, Suite W
San Diego, California 92 101
6
Tel (619) 244-3418
Fax (619) 794-0180
byronwade1@rnac.com
Request for Proposal for On -Call Services
City of National City
August 26, 2009
Standard Fee Schedule:
Wade & Associates
Title
Principal Project Manager
Project Manager
Principal Civil Engineer
Assistant Engineer II/Project Coordinator
Assistant Engineer I/Project Coordinator
Principal Planner
Financial/Managernent Analyst II
Financial/Management Analyst I
CAD Operator, Administrative Assistant
Public Works Inspector
Color Copies
Binders
C D's
Oriel Engineering
Title
Senior Structural Engineer
Senior Engineer
Engineer I
Technical Drafting Services
Administrative Support
Hourly Rate/Fee
$150
$100
$165
$105
$75
$150
$75
$60
$68
$85
$1/ea
$26/ea
$5/ea
Hourly Rate
$160
$135
$75
$75
$50
May Group, Inc.
Title Hourly Rate* Prevailing Wage Rate*
Principal Licensed Land Surveyor $150 $180
2-Person Survey Crew $175 $130
Land Surveyor, Office $100 $205
'State or Federal overtime rates will apply to on -site workers.
Title
Principal Landscape Architect
Landscape Architect
Landscape Designer
Site Observation/Plant Material Selection
Environs Landscape Architecture, Inc.
Hourly Rate
$125
$100
$80
$100
WADE & ASSOCIATES
656 Fifth Avenue. Suite W
San Diego, Califo nia 92161
7
Tel (619) 244-3418
Fax (619) 794-0180
byrcnwadel ,Jmac.com
AcR CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Ahern Insurance Brokerage
9655 Granite Ridge Dr., #500
San Diego CA 92123
Phone: 858-571-9030
INSURED ......... .....
Fax:858-571-9010
Wade & Associates
656 Fifth Avenue Ste. W
San Diego CA 92101
OP ID SG
WADE&-1
C
oATEINIFI Gv.. J,;
05/20/09
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 AFarlangton Casualty Company
INSURER 8.
INSURER C.
.SURER O'
INSURER E:
NAIC #
41483
AGES
THE POLIGIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR SHE 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.
U --- POLICY NUMBER POLICY DATE IMMICONYTN LIMITS
LTR �NSRD TYPE OP INSURANCE - DATE (MMIpD/YYYY) DATE IMM1001YYYY)
(LTR'DOY -•"'"� TYPE OF
GENERAL LIABILITY
EACH OCCURRENCE S 1000000
A
- COMMERCIAL GENERAL LIABILITY I6804102M340 I 05/23/09 05/23/1V
DAMAGE TO RENTED
PREMISES (Ea a«:.tense) $300000
CLAIMS STADE ; X OCCUR '
MEDEXP(Arn ono Person) 55000
X Business Owners
PERSONAL & JOY IN AMY $ 1000000
GENERAL AGGREGATE $ 2000000
GEN'L AGGREGATE LIMIT APPLES PER
PROOUCTO,COMROPAGG 5 2000000
.. _.. _..
PRO. I i LOC POLICY I JECT
AUTOMOBILE LIABILITY
GOMBINEO SW GLE I.EAT
..
ANY AUTO
(Ea aze konl) $1000000
ALL OWNED AUTOS
0O0RYmuff('
...-'--
(Pm parsrx)
SCHEDULED AUTOS
A I X
HIRED AUTOS I6804102M340
05/23/09 05/23/10
OooaYINJURy
(Perr ndonl)
. X
NONOWNED AUTOS
..__. .
:PROPERTY DAMAGE
..
....._...... .............
-
1 (Pot amid.)
GARAGE LIABILITY
AUTO ONLY• EA ACCIDENT $
t
ANY AUTO
'
OTHER THAN EA ACC $ _
AUTO ONLY: AGG $
EXCESS/ UMBRELLA LIABILITY
EACH OCCURRENCE $
OCCUR I CLAIMS MADE
j-... �
DEDUCTIBLE
AGGREGATE iS
..
...... ......
$
, RETENTION 5
$
I WORKERS COMPENSATION
TH
WC STATU IDTH
TWCSTORY TU
AND EMPLOYERS' LIABILITY YIN
-,
ANYPROPRIETORIPARTNERIEXECUTIVE
EL. EACH ACCIDENT $
I OFFICER/MEMBER EXCLUDED?
,..., ........ .. ......__.._ ....-..-..... _.-....
j (Maneatory Is NH) 111
EL DISEASE • EA EMPLOYEE $
II vac. de., it. ufJw
SPECIAL PROVISIONS Iieb,v
E L DISEASE . POUCY LIMIT 5
OTHER
A I I6804102M340
05/23/09 05/23/10
PROPERTY 5150
j
Dedt 500
DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES! EXCLUSIONS AODEC BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate holder is named as additional insured as respects their
interest. Blanket additional insured per the )(TEND 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 A 30 _ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY Of ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2009101)
9g2 0 O 0 . 1 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
cn 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-690-410211340-ACJ-08
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
Name of person or organization;
CITY OP NATIONAL CITY
1.243 NATIONAL CITY BLVD.
NATIONAL CITY CA 91950
SCHEDULE
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 10 liability arising out of your ads or omissions.
CG 7491 11 88
Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1
CERTIFICATE OF LIABILITY INSURANCE
OP ID SG
WADE&-1
DATE (MMIDD/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
INSURED
Wade & Associates
656 Fifth Avenue Ste. I
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 NAIC #
INSURER A: Farmington Casualty Company
INSURER B:
INSURER C:
INSURER D:
41483
INSURER E.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, 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
ADD'L
POLICY EFFECTIVE
POLICY EXPIRATION
LTR
NSRD
TYPE OF INSURANCE
POLICY NUMBER
DATE (MMIDD/YVVY)
DATE (MMIDDIYYYY)
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$
—'—
DAMAGE 10 HEN I t5—
COLTAERCIAL GENERAL LIABILITY
PREMISES (Ea occurence)
$
1 CLAIMS MADE I OCCUR
M1ED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GEM_ AGGREGATE LIMIT APPLIES PER:
PRODUCTS- COMP/OP AGG
$
1 POLICY PRO-
1 LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
ANY AUTO
(Ea accident)
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
(Per person)
HIRED AUTOS
BODILY INJURY
$
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
EA ACC
OTHER THAN
$
AUTO ONLY: AGG
$
EXCESS / UMBRELLA LIABILITY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE
$
$
DEDUCTIBLE
$
RETENTION $
$
WORKERS COMPENSATION
WC STATU- OTH-
X
AND EMPLOYERS'
LIABILITY V/N
TORY LIMITS ER
BLEACH ACCIDENT
$ 1000000
A
ANY PROPRIETOR/PARTNER/EXECUTIVE
ITOB5091M841
07/08/09
07/08/10
r
EER EXCLUDED? `
OFFIOEto,y
I
In
(Mandatory in NH)
E.L. DISEASE - EA EMPLOYEE
$ 1000000
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY UMIT
$ 1000000
OTHER
DESCRIPTION OF OPERATIONS I 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
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
DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTOO
ED REPRESENTATIVE
ACORD 25 (2009/01)
9bS 2009 ACORDCORFPORATIDN. 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
DATE OF ISSUE: 06-09-09 ST ASSIGN:
LEGAL SERVICES
RESOLUTION NO. 2009 — 237
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
WADE & ASSOCIATES FOR THE NOT -TO -EXCEED AMOUNT OF $200,000
FOR A ONE-YEAR PERIOD TO PROVIDE ON -CALL PROFESSIONAL
ENGINEERING, FINANCING, SURVEYING, PROJECT / CONSTRUCTION
MANAGEMENT, AND INSPECTION SERVICES FOR
VARIOUS CAPITAL IMPROVEMENT PROJECTS
WHEREAS, the City desires to employ a consultant to provide on -call
Professional Engineering Financing, Surveying, Project/Construction Management, and
Inspection Services for various capital improvement projects; and
WHEREAS, the City has determined that Wade and Associates is qualified by
experience and ability to perform the services desired by the City, and Wade and Associates is
willing to perform such services for the not -to -exceed amount of $200,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an agreement with Wade and Associates
for a one-year period to provide on -call Professional Engineering Financing, Surveying,
Project/Construction Management and Inspection Services for various capital improvement
projects for the not -to -exceed amount of $200,000. Said Agreement in on file in the office of the
City Clerk.
PASSED and ADOPTED this 6th day of October, 2009.
on Morrison, Mayor
ATTEST:
isN
Mic ael R. Dalla, ity lerk
APPROVED AS TO FORM:
. /) , L
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on October
6, 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
City National City, California
lerk of the City
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-237 of the City of National City, California, passed and
adopted by the Council of said City on October 6, 2009.
City Clerk of the City of National City, California
By:
Deputy
C(,00q-q0
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE October 6, 2009
AGENDA ITEM NO.
9
ITEM TITLE Resolution of the City Council of National City approving a contract agreement between the City and
Wade & Associates for the Not -to -Exceed amount of $200,000 for a one year period to provide on -call professional
engineering, financing, surveying, project/construction management and inspection services for various Capital
Improvement Projects and authorizing the Mayor to execute the agreement (Various Capital Improvement Project
funds)
PREPARED BY Barby Tipton DEPARTMENT Development Services EXT. 4583
EXPLANATION Engineering Division
See attached explanation
Environmental Review
X N/A
MIS Approval
Financial Statement
There is no financial impact at this time.
agreement, at which time a supplement
number to be charged.
Approved By.
Finance Director
As needed, any and or all CIP account numbers will be used to fund this
to the agreement will be processed showing the actual amount and account
Account No.
STAFF RECOMMENDA
dopt /�j• solution.
BOARD/COM SSI COM
N/A
NDAT,Qbl
♦
ATTACHMENTS (Listed Below)
1. Resolution
2. Contract Agreement
Resolution No.
cwade
A-200 (Rev. 7/03)
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Della, CMC - City Clerk
619-336-4228 phone • 619-336-4229 fax
October 14, 2009
Mr. Byron Wade
Wade & Associates
656 Fifth Avenue, Suite W
San Diego, CA 92101
Dear Mr. Wade,
On October 6th, 2009, Resolution No. 2009-237 was
City Council of the City of National City, authorizing
with Wade & Associates.
We are enclosing for your records a certified copy of
fully executed original agreement.
Michael R. Della, CMC
City Clerk
Enclosures
cc: Engineering Dept.
passed and adopted by the
execution of an agreement
the above Resolution and a