Loading...
HomeMy WebLinkAbout2009 CON Rick Engineering Company - Amendment #5 Engineering Services Bay Marina Drive WideningAMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RICK ENGINEERING COMPANY This Amendment to Agreement is entered into this 7th day of September, 2009, by and between the City of National City, a municipal corporation ("CITY"), and Rick Engineering Company (the "CONTRACTOR"). RECITALS A. The CITY and the CONTRACTOR entered into an agreement on May 6, 2008 ("the Agreement"), wherein the CONTRACTOR agreed to provide civil engineering design services for the Bay Marina Drive Improvement Project. B. The parties desire to amend the Agreement to provide additional design services to modify plan and specification changes. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on May 6, 2008, through the adoption of National City Council Resolution No. 2008-69, shall be amended by expanding the Scope of Services not -to -exceed $53,400 as set forth in the attached Exhibit "A", which is incorporated herein by reference. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated May 6, 2008, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: i V George H. Eiser, Ill City Attorney RICK ENGI ERING COMPANY (Corporation — sig : tures of two co .. ate officers) (Partn:rs . — one gnature) (So p'.pn.torship one ,.ig'aure) By. By: am (Print) (Title) (Name) (DLN r'\5 C,jilvSL (Print) (Title) TM ENGINEERING COMPANY August 21, 2009 Ms. Barbara Tipton Management Analyst, Engineering Division City of National City 1243 National City Boulevard National City, California 91958-4301 SUBJECT: PROPOSAL FOR CONSTRUCTION STAKING AND CONSTRUCTION ADMINISTRATION FOR THE MARINA GATEWAY STREETSCAPE PROJECT (RICK ENGINEERING COMPANY JOB NUMBER 12861-P) Dear Darby: Pursuant to our phone conversation, the following is a proposal to provide engineering and surveying services to support the City of National City during construction of the Marina Gateway Streetscape project. We propose to perform the following services for the compensation listed below. SCOPE OF WORK A. Construction Staking Provide one set of stakes for the following: 1. Demolition and saw cut for limits of construction and saw cut lines, 2. Grading for D.G. pad stakes will be set at 50-foot intervals for rough and finish contours and swale. 3. Grade check D.G. pad and provide marked -up set of plans to owner's representative showing as -graded condition of the pad only. 4. Sewer main stakes will be set at 50-foot intervals, or closer, and include all horizontal and vertical changes in alignment for approximately 1300 L.F. of sewer main. One stake will be set for each manhole and sewer stakes will be set with offset to the right-of-way for each sewer lateral. Included in this item is surveying necessary to establish flowlines of the existing manholes. 5620 Frars Road - San Diego, California 92110-2596 • (619) 291-0707 • FAX: 11619) 291-4165 • rickengineering.com SAN DIEGO RIVERSIDE ORANGE SACRAMENTO SAN LUIS OBISPO BAKERSFIELD PHOENIX TUCSON Ms. Barbara Tipton August 21, 2009 Page 2of12 5. Water main stakes will he set at 50-foot intervals, or closer, and include all horizontal and vertical changes in alignment for approximately 1,150 L.F. of water main. One stake will be set for each service lateral_ 6. Curb will be set at 50-foot intervals and include all horizontal and vertical changes in alignment. (Basis: 2,850 L.F. and include x-gutters and ADA ramps) 7. Gas and Electric — One set of stakes with line points will be set for each gas lateral and street lights. (Basis: 27 lights) 8. Hardscape stakes will be set for sidewalks that do not run parallel with curb, concrete headers, tree wells, decorative concrete and steel fencing with pilasters. 9. Miscellaneous staking for lost or destroyed stakes and field staking items beyond the original scope of work (i.e. potholes, topos, etc.). This item is for a budget estimate only and is to be billed against on a time and material basis. (Approximately 10% of contract amount.) B. Engineering and Landscape Architectural Construction Administration 1. Provide Civil Engineering support services necessary to assist with the construction administration by furnishing the following services: a. Assist the City in the review and evaluation of bids for civil engineering -related items. b. Assist the City in the clarification of documents, specifications and the preparation of addenda for civil engineering -related items. c. Assist the City in the review of contractor submittals, schedules, shop drawings, requests for information, and project data for civil engineering -related items. d. Provide consultation services during the course of constructing civil engineering items to coordinate civil engineering issues with the City and Contractor. Included in this item is attendance at up to five periodic on -site meetings as well as weekly status meetings at the City. e. Prepare a profile for the replacement of the sewer main in Harrison Avenue and 23rd Street. f. Prepare site walk punch Iist for surface improvements only from visual observation. Ms. Barbara Tipton August 21, 2009 Page 3of12 2. Provide Landscape Architectural support services necessary to assist with construction administration by furnishing the following: a. Responding to Landscape RF1's. b. Select project palm trees at supplier's site. c. Assist the Contractor with spotting and placing trees and palms. d. Perform pre -maintained walk-through and prepare report. e. Perform final walk-through and prepare report. 3. Prepare as -built drawings for the improvements. This item includes only the drafting services necessary to incorporated as -built information from the construction records furnished by the Contractor and City Inspector. While this information will be assumed to be accurate and reliable, Rick Engineering Company will accept no liability for use or reliance on said as -built information. Specifically excluded from this agreement are surveying services (if required), to determine as -built locations of grading, improvements or utilities. FEE We will perform the services described above for the labor amounts listed below. Where compensation on a time and materials basis is shown, labor fees will be billed according to our current Schedule of Hourly Rates (attached) with a labor budget not to exceed the amounts indicated without additional authorization. The Client will be billed on a monthly basis for each item as the work progresses. For progress billing purposes, the fee shall he divided as follows: A. Staking Services 1. Demolition / Saw Cut 2. Grading 3. Grade Check 4. Sewer Main and Laterals 5. Water $ 1,400.00 $ 1,400.00 $ 700.00 $ 2,500.00 $ 1,500.00 Ms. Barbara Tipton August 21, 2009 Page 4 of 12 6. Curb $ 5,900.00 7, Street Lighting $ 1,400.00 8. Hardscape $ 7,600.00 Staking Sub -Total: $ 22,400.00 9. Miscellaneous Staking (Time & Materials) $ 2,000.00 Total Staking: $ 24,400.00 B. Construction Administration 1. Civil Engineering Support $ 18,000.00 2. Landscape Architect Support $ 5,500.00 3. As-Builts $ 2,000.00 Total Construction Administration: $ 25,500.00 C. Reimbursable $ 3.500.00 Total Contract: $ 53,400.00 Fees and expenses will be billed monthly as the work progresses and the net amount shall be due within thirty (30) days from the date of receipt of the invoice in the Client's office. Not included are any items not specifically referred to above. 'The enclosed Standard Provisions of Agreement are incorporated herein and made a part of this agreement. if notice is delayed for any reason beyond sixty (60) days, it is understood by the parties that the terms and conditions contained herein are subject to revision. Two originals of this agreement are being provided. If you would like us to proceed on this work as outlined above, we ask that you please sign and return one of the agreements as our written authorization. Ms. Barbara Tipton August 21, 2009 Page 5 of 12 If you have any questions regarding this agreement, please contact me directly. Thank you for requesting Rick Engineering Company to provide these services. Sincer1y, GIN ohn D. Goddard, Jr. Associate Principal RCE 33037 JDG:jb:K:proposalA12861 P Mai Enclosures APPROVED BY: na Gateway Streetscape Signature Date RICK ENGINEERING COMPANY Page 6 of 12 Standard Provisions of Agreement: California The Client and Consultant agree that the following provisions shall be a part of their Agreement: I. This Agreement shall be binding upon the heirs, partners, successors, executors, administrators and assigns of the Client and Consultant. 2. In the event of any increase of costs due to the granting of wage increases and/or other employee benefits to field or office employees due to the terms of any labor agreement, rise in the cost of living, or increase in any applicable prevailing wage during the lifetime of this Agreement, such increase shall be applied to all remaining compensation. For services provided on a time and materials or hourly rate basis, increases in the applicable rates will be reflected in the billing statement or invoice for the month following the increase. 3. Should litigation at law or equity arising out of this Agreement, including but not limited to an action for declaratory relief, be brought to enforce or interpret any term or provision of this Agreement, or to collect any portion of the amount payable under this Agreement or litigation commenced either directly or by way of a cross - complaint whether arising out 'of contract or tort, including a cross -complaint for indemnity, for failure or alleged failure to perform or for errors, omissions, or negligence, the prevailing party shall be entitled, in addition to any other award, to all litigation and collection expenses, any and all costs of defense, including attoniey's fees, expert witness fees, witness fees and court costs and any and all other expenses incurred. 4. Neither the Client nor Consultant shall assign his interest in this Agreement without the written consent of the other. 5. This Agreement shall be governed by and construed in accordance with the laws of the State of California. This Agreement contains the entire agreement between Client and Consultant relating to the project and the provision of services by Consultant to the project.. Any agreements, promises, negotiations or representations not expressly set forth herein, are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both Client and Consultant. 6. Conditions or representations, alterations, detractions from or to the terms hereof, including delineations hereon, shall not be valid unless they are in writing and signed by both Client and Consultant. REC 12,05 7. All agreements on Consultant's part are contingent upon, and Consultant shall not be responsible for damages or be in default or be deemed to be in default by reason of delays in performance by reason of strikes, lockouts, accidents, acts of God and other delays unavoidable or beyond Consultant's reasonable control, or delays caused by failure of Client or Client's agents to furnish information or to approve or disapprove Consultant's work promptly, delays in approval by governmental agencies or other consultants performing services on behalf of Client or due to late, slow or faulty performance by Client, other contractors or governmental agencies. S. In the event litigation is instituted under the terns and conditions of this Agreement, such litigation is to be brought and tried in the appropriate court in the state and county in which the project is located and the parties waive the right to have brought, tried in, or removed to any other county or judicial jurisdiction. 9. Client acknowledges that Consultant is not responsible for the performance of work by third parties, including, but not limited to, the construction contractor(s), subcontractors, governmental agencies, construction managers, architects or other consultants. 10. Consultant shall only act as an advisor in all governmental relations. Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to, permit processing, environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits, project or plan approvals and building permits. 11. Consultant makes no warranty, either express or implied, as to the findings, recommendations, plans, specifications, or professional advice. Consultant shall perform in accordance with generally accepted engineering and/or surveying practices or standards in effect at the time of performance in the locale where the services are rendered. 12. Consultant makes no representation, guarantee, warranty, express or implied concerning estimated cost figures made in connection with maps, plans, specifications or drawings, other than that all such figures are estimates only. Consultant shall not be responsible for fluctuations in cost factors. 6 RICK ENGINEERING COMPANY Page 7 of 12 Standard Provisions of Agreement: California 13. Consultant makes no representations concerning estimates of areas. Estimates of areas are estimates only and are not to be considered precise unless Consultant specifically agrees to provide the precise determination of such areas. 14. Client and Consultant agree to cooperate in any and every way or manner on project. 15. Consultant makes no representation, either express or implied, concerning soils or geological surveys or subsurface soil tests or general soils testing and reporting. 16. Upon written request, each of the parties hereto shall execute and deliver, or cause to be executed and delivered, such additional instruments and documents which may be necessary and proper to carry out the terms of this Agreement. 17. The terms and provisions of this Agreement shall not be construed to alter, waive, or affect any lien or stop notice rights which the Consultant may have for the performance of services under this Agreement. 18. One or more waivers of any term, condition or covenant by a party shall not be construed as a waiver of subsequent breach of the same or any other term, condition or covenant. 19. In the event Client fails to pay Consultant promptly or within sixty (60) days after invoices are rendered, then Client agrees that Consultant shall have the right to consider said default a total breach of this Agreement and, upon written notice, the duties, obligations and responsibilities of the Consultant under this Agreement are terminated. In such event, Client shall then promptly pay the Consultant for all the fees, charges, and services performed to date by Consultant. 20. In the event any term, condition, covenant or provision of this Agreement shall be held to be invalid, void or unenforceable, the remaining terms, conditions, covenants and provisions of this Agreement shall be valid and binding on the parties hereto. 21. The Client agrees it will require that the Contractor hold harmless, indemnify and defend the Client, the Architect, the Consultant and its sub -consultants, and each of their officers, directors, principals, employees and agents, from any and all liability claims, losses or damages arising or alleged to arise from the performance of the work REC 12/05 described herein, but not including the negligence or willful misconduct of the Client, the Architect or the Consultant or their respective sub -consultants, officers directors, principals, employees and agents. 22. The Client shall indemnify and hold Consultant harmless with regard to all liability or claims of any kind, including all investigation and defense costs, connected directly or indirectly with this project, which liabilities or claims do not result from the negligence or willful misconduct of the Consultant. 23. Consultant has a right to complete all services agreed to be rendered pursuant to this Agreement. In the event this Agreement is terminated before the completion of all services, unless Consultant is responsible for such early termination, Client agrees to release Consultant from all liability for services performed. 24. In the event work prepared or partially prepared by the Consultant be suspended, abandoned, or terminated, the Client shall pay the Consultant for all work, fees, deposits, charges and services provided, not to exceed any maximum amount specified herein. Client acknowledges if project work is suspended and restarts, there may be additional charges due to suspension which shall be paid by Client as extra work, 25. Client agrees that if Client requests services not specified pursuant to the scope of services described within this Agreement, Client agrees to pay all such additional services as extra work if authorized in writing. 26. Consultant shall be entitled to immediately, and without notice, suspend the performance of any and all of its obligations pursuant to this Agreement if Client files a voluntary petition seeking relief under the United States Bankruptcy Code or if there is an involuntary bankruptcy petition filed against Client in the United States Bankruptcy Court, and that petition is not dismissed fifteen (15) days after its filing. Any suspension of services made pursuant to the provisions of this Paragraph shall continue until such time as this Agreement has been fully and properly as- sumed or adequate assurance provided in accordance with the applicable provisions of the United States Bankruptcy uptcy Court and in compliance with the final order or judgments issued by the Bankruptcy Court. 27. If payment for Consultant's services is to be made on behalf of Client by a third party, Client agrees that Consultant shall not be required to indemnify the third 7 RICK ENGINEERING COMPANY Page 8 of 12 Standard Provisions of Agreement: California party, in the form of an endorsement or otherwise, as a condition of receiving payment for services. 28. Client agrees to purchase and maintain, during the course of construction, builder's liability special peril or other similar insurance which will name Consultant as an additional insured. Client also agrees to require the contractor or contractors to purchase and maintain liability insurance, including broad form general liability coverage, comprehensive bodily injury, broad form property damage, independent contractors insurance, completed operations and contractual liability coverage, and the exclusions for explosion, collapse or underground coverage shall be deleted; automobile including bodily injury, property damage, owned, non -owned and hired vehicles; and worker's compensation insurance including employers liability coverage, all of which shall name the Client and Consultant as additional insureds. Certificates of such insurance shall be provided to Consultant and the certificate(s) shall include provisions that the above policies are primary and non-contributory with Consultant's insurance and that coverage will not be canceled unless at least thirty days prior written notice has been given to Consultant. 29. In the event that the plans, specifications, and/or field work covered by this Agreement are those required by various governmental agencies and one or more such governmental agency changes its policies, ordinances, procedures or requirements after the date of this Agreement, any additional office or field work required, shall he paid by Client as extra work. 30. Services provided within the Agreement are for the exclusive use of the Client. Nothing contained in this Agreement shall he construed to be for the benefit of any person not a party to this Agreement and no third party beneficiary rights are created, 31. All original papers, drawings, notes, documents and other work product of Consultant, and copies thereof, produced as a result of the Agreement represent profes- sional services, shall remain the property of the Consultant, and Consultant shall retain all copyright and other ownership interests. Client shall have a nonexclusive license to use Consultant's work product and any items in which Consultant maintains ownership and/or copyright interest so long as all fees to be paid under this Agreement have been paid. Any nonexclusive license Client obtains under this Agreement terminates upon the termination of this Agreement. Consultant's work product may be used by REC 12/05 Consultant without consent of the Client. 32. In the event that any changes are made in the plans and/or specifications by the Client or persons other than the Consultant, and such changes are not consented to in writing by Consultant, Client acknowledges that the changes and their effects are not the responsibility of Consultant and Client agrees to release Consultant from all liability arising from the use of such changes and agrees to defend, indemnify and hold Consultant, its officers, directors, principals, agents and employees harmless from and against all claims, demands, damages or costs arising from the changes. 33. Client agrees not to use or permit any other person to use plans, drawings or other work product prepared by Consultant, which plans, drawings or other work product are not signed and stamped or sealed by Consultant and/or are not final. Client agrees to be liable and responsible for any use of non -final plans, drawings or work product or plans, drawings or work product not signed, and stamped or sealed by Consultant and waives liability against Consultant for their use. Client further agrees that final plans, drawings and other work products are for the exclusive use of Client and may be used by Client only for the project described in this Agreement. 34. In the event that any staking is destroyed, damaged or disturbed by an act of God or parties other than Consultant, the cost of re -staking shall be paid for by the Client as extra work. If the scope of services provided for pursuant to this Agreement does not include construction staking by Consultant, Client acknowledges that changes, clarifications, adjustments and modifications may be necessary because of changed field or other conditions. Client will indemnify and defend Consultant for construction staking by others and from claims arising from changes, clarifications, adjustments and modifications which may be necessary to reflect changed field or other conditions, except claims caused by the negligence or willful misconduct of Consultant. 35. Questions concerning location or changes in con- struction stakes or questions concerning information on plans and specifications must be called to the attention of the Consultant upon discovery and before corrective remedy. 36. The Consultant shall be notified 24 hours in advance, so that he may check forms, for grade and alignment only, prior to the pouring of concrete for cast -in -place concrete 8 RICK ENGINEERING COMPANY Page 9 of 12 Standard Provisions of Agreement: California structures, thrust blocks, electrical boxes, bridge abutments or piers, or any similar structures staked by Consultant. Consultant can assure compliance to proper grade and alignment only when it has been advised to check in advance. 37.(a) If the scope of services to be provided by Consultant pursuant to the terms of this Agreement include the preparation of engineering drawings but exclude construction staking services, Client acknowledges that such services normally include coordinating civil engi- neering services and the preparation of as -built drawings pursuant to Uniform Building Code Chapter 70 and/or other statutes, ordinances or laws, and Client will be required to retain such services from another consultant or pay Consultant pursuant to this Agreement for such services as extra work. (b) If the scope of services to be provided by Consultant pursuant to the terms of the Agreement, include construction staking services, but exclude the preparation of the engineering drawings to be used for construction and construction staking, Client acknowledges the coordination of civil engineering services and the preparation of as -built drawings as required by statute, ordinance or law may require the retention by Client of another consultant or the original consultant responsible for the design, or pay Consultant pursuant to this Agreement for such services as extra work. Client acknowledges that if Consultant is retained to prepare as -built drawings of plans prepared by others, Client will indemnify, defend and hold Consultant harmless from any and all liability in connection with the plans and specifications prepared by others, and the performance of work by Consultant on this project as set forth in Paragraph 44. 38. In the event Client discovers or becomes aware of apparent errors or omissions, field conditions or dis- crepancies during the construction phase of the project, which apparent errors or omissions, field conditions or discrepancies are resolvable by Consultant, Client agrees to notify Consultant and engage Consultant to resolve the problem before construction activities commence or further construction activity proceeds. Further, Client agrees to have a provision in its construction contracts for the project which require the contractor to notify Client of any such apparent errors or omissions, field conditions or discrepancies so that Client may, in turn, notify Consultant pursuant to the provisions of this Paragraph. 39. Client shall pay the costs of checking and inspection REC 12i05 fees, zoning and annexation application fees, assessment fees, soils engineering fees, soil testing fees, aerial to- pography fees, and other fees and deposits, permits, bond premiums, title company charges, blueprints and reproductions, and all other charges not specifically covered by the terms of this Agreement. 40. All fees and other charges will be billed monthly as the work progresses and the net amount shall be due at the time of billing. 41. A late payment CI-IARGE will be computed by the Consultant at the periodic rate of 1.5% per month, not to exceed the maximum legal rate, which will be applied to any unpaid balance commencing thirty (30) days after the date of the original billing. 42. Client agrees that the balance as stated on the billings from Consultant to Client are correct, conclusive and binding on the Client unless Client within forty-five (45) days from the date of receipt of such billing, notifies Consultant in writing of the particular items that are alleged to be incorrect. 43. In consideration of the Consultant's fee fox services, the Client agrees that the Consultant will perform no onsite construction review, construction management, supervision of construction of engineering structures or other construction supervision for this project unless specifically contracted for; that such services will be provided by others; and that the Client shall defend, indemnify and hold the Consultant, its officers, directors, principals, agents and employees harmless from any and all liability, real or alleged, arising or resulting from the performance of construction review, construction management, supervision of construction of engineering structures or supervision by others. Further, Client acknowledges that Consultant will be unable to correct errors or omissions in the plans which customarily become apparent and resolvable during the course of construction review. 44. Client agrees that, in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property; that this requirement shall be made to apply continuously and not be limited to normal working hours. The Client further agrees to defend, indemnify and hold the Consultant harmless from any and all liability in connection with the performance of work on this project, excepting liability 9 RICK. ENGINEERING COMPANY Page 10 of 12 Standard Provisions of Agreement: California arising from the negligence or willful misconduct of the Consultant. 45. Client agrees to limit the liability of Consultant, its principals and employees to the Client, all contractors and subcontractors on the project, due to professional negligent acts, errors or omissions of the Consultant, breach of contract or any other cause of action however pled to the sum of $50,000 or the Consultant's fee, whichever is greater; except that if the contract amount, including any addenda or other contracts pertaining to or covering services related to the project, exceeds $150,000, the liability of Consultant shall not exceed $150,000. Client further agrees to notify any contractor and subcontractor who may perform work in connection with any design, report or study prepared by Consultant of such limitation of liability, and to require as a condition precedent to their performing their work, a like indemnity of liability on their part as against the Consultant. 46. The Client hereby agrees to bring no claim for negligence, breach of contract, indemnity or otherwise against the Consultant, its principals, employees and agents if such claim, in any way, would involve the Consultant's services for the investigation, detection, abatement, replacement, use or specification, or removal of products, materials or processes containing asbestos, asbestos cement pipe, and/or hazardous materials (as defined by state, federal and/or local laws or ordinances). Client further agrees to defend, indemnify and hold harmless Consultant, its officers, directors, principals, employees and agents from any asbestos, asbestos cement pipe, and/or hazardous waste material related claims that may be brought by third parties as a result of the services provided by the Consultant pursuant to this Agreement except claims caused by the negligence or willful misconduct of the Consultant. 47. Client acknowledges that Consultant's scope of services for this project do not include any services related, in any way, to asbestos and/or hazardous waste. Should Consultant or any other party encounter such materials on the job site, or should it in any way become known that such materials are present or may be present on the job site or any adjacent or nearby areas which may affect Consultant's services, Consultant may, at its option, terminate work on the project until such time as Client retains a specialist contractor to abate and/or remove the asbestos and/or hazardous waste materials and warrant that the job site is free from any hazard which may result from the existence of such materials. 48. Digital data files shall he provided to Client only if REC 12/05 such delivery has been specified in the scope of services set forth in this Agreement. If the scope of services does not specify that digital data tiles shall be delivered, all costs associated with delivery of digital data files shall be paid by Client. Client agrees that all digital data files delivered by Consultant are to be used exclusively to fulfill the scope of this Agreement. Client agrees to hold Consultant harmless for any use by client of this data outside or beyond the scope of this Agreement. 49. Consultant makes the following representations as to the compatibility of digital data files: (a) All data files are to be used with compatible hardware and software versions as used by Consultant at the time file copies were created. (b) Consultant makes no representation as to the compatibility of any data files other than for the hardware and software versions used by Consultant to create the data files. (c) Client agrees to hold Consultant harmless for any use of data files on any hardware or software versions other than those which were used by Consultant to create them. (d) If Client requires or requests any special or specific file structure, format or software that is different from those used by Consultant at the time Consultant is performing the services set forth in this Agreement, unless otherwise specified in this Agreement, all costs associated with creating the file structure or format, and/or acquiring necessary software and/or hardware, shall be the responsibility of Client. 50. After the time final data files have been delivered per terms of this Agreement, Consultant will not he held responsible for maintaining copies of any digital data related to this Agreement. 51. Client agrees that if formats for deliverables of digital files are not specified in this Agreement, they will be delivered using the standards and versions of Consultant at the time of creation. 52. Client agrees not to use any digital files (drawing or data file), in whole or in part, for any purpose or project other than the project which is the subject of this Agreement. Client waives any and all claims against Consultant resulting in any way from any changes not authorized and/or authored by Consultant and/or reuse of 10 RICK ENGINEERING COMPANY Page 1I of 12 Standard Provisions of Agreement: California the drawings or data for any other project without the express written consent by Consultant. The transfer of drawings or data in electronic media or format shall not be deemed a sale, and Consultant makes no warranties, either express or implied, of merchantability or fitness for a particular purpose. 53. Because data stored on electronic media can deteriorate undetected or be modified without the Consultant's knowledge, the Client agrees that it will accept responsibility for the completeness, correctness, or readability of the electronic media after an acceptance period of 30 days after delivery of the electronic files, and that upon the expiration of this acceptance period, client will indemnify and save harmless the Consultant for any and all claims, losses, costs, damages, awards or judgments arising from use of the electronic media files or output generated from them. The Consultant agrees that it is responsible for the accuracy of the sealed drawings that accompany the submittal, and that such accuracy is defined as the care and skill ordinarily used by members of the Consultant's profession practicing under similar conditions at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with the Consultant's services. 54. Prior to the commencement of any legal action, in an effort to resolve any conflicts that arise during the design or construction of the project which is the subject of this Agreement, or following completion of the project, Client and Consultant agree that all disputes between them arising out of or relating to this Agreement, the services performed pursuant to this Agreement, or relating in any way to the project, shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. Each party shall he represented at the mediation by a person or persons with the authority to bind the party to any agreement, obligation or resolution resulting from the mediation_ Each of the parties agrees to include a similar mediation provision in all agreements with any other contractors and consultants retained for the project and to require such contractors and consultants to include a similar provision in all agreements with subcontractors, subconsultants, suppliers or fabricators, thereby providing mediation as the primary method for dispute resolution between the parties to those agreements. REC 12105 11 RICK ENGINEERING COMPANY Page 12of12 TM Hourly Rates - California Offices February 28, 2009 - August 28, 2009 Principal Consultant (Special Projects) $ 190.00 Principal 175.00 Associate Principal 160.00 Associate/Manager 150.00 Principal Project Engineer/Manager 130.00 Associate Project Engineer/Manager 125.00 Assistant Project Engineer/Manager 115.00 Principal Engineering Designer 107.00 Associate Engineering Designer 102.00 Assistant Engineering Designer 97.00 Principal Engineering Drafter 89.00 Associate Engineering Drafter 82.00 Assistant Engineering Drafter 74.00 Principal Construction Engineer/Manager $130.00 Associate Construction Engineer/Manager 125.00 Assistant Construction Engineer/Manager 115.00 Principal Construction Technician 107.00 Associate Construction Technician 102.00 Assistant Construction Technician 97.00 Principal TransportationlTraffic Engineer $130.00 Associate Transportation/Traffic Engineer 125.00 Assistant Transportation/Traffic Engineer 115.00 Principal Transportation/Traffic Designer 107.00 Associate Transportation/Traffic Designer 102.00 Assistant Transportation/Traffic Designer 97.00 Director of Planning $160.00 Principal Project Planner 150.00 Senior Project Planner 125.00 Assistant Project Planner 115.00 Senior Planner 107.00 Associate Planner 102.00 Assistant Planner 97.00 Senior Planning Technician 89.00 Associate Planning Technician 82.00 Assistant Planning Technician 74.00 Planning Assistant 60.00 Principal Water Resources Designer $107.00 Associate Water Resources Designer 102.00 Assistant Water Resources Designer 97.00 Associate Landscape Architect $140.00 Principal Project Landscape Architect/Manager 125.00 Associate Project landscape Architect/Manager 115.00 Assistant Project Landscape Architect/Manager 105.00 Principal Landscape Designer 97.00 Associate Landscape Designer 92.00 Assistant Landscape Designer 87.00 Principal Landscape Drafter 76.00 Associate Landscape Drafter 71.00 Assistant Landscape Drafter 65.00 Associate Environmental Project Manager $125.00 Assistant Environmental Project Manager 115.00 Principal Environmental Specialist 107.00 Associate Environmental Specialist 102.00 Assistant Environmental Specialist 97.00 Environmental Technician 74.00 Expert Witness $300.00 Court Appearance per half day or part 1,200.00 Photogrammetry Supervisor $135.00 Principal Photogrammetrist 105.00 Associate Photogrammetrist 95.00 Assistant Photogrammetrist 93.00 GIS Manager $150.00 Principal GIS Analyst $105.00 Associate GIS Analyst 100.00 Assistant GIS Analyst 93.00 Principal Computer Graphics Editor 88.00 Associate Computer Graphics Editor 83.00 Assistant Computer Graphics Editor 73.00 Field Supervisor $130.00 One -person Survey Party 105.00 Two -person Survey Party 170.00 Three -person Survey Party 235.00 Prevailing wage rates for Survey Parties slightly higher Computing & Mapping Director $130.00 Principal Survey Analyst 120,00 Associate Survey Analyst 105.00 Assistant Survey Analyst 90.00 GPS Pre-planning/Post-processing 120.00 GPS Survey Party 85.00/person/hour Associate Project Administrator $60.00 Assistant Project Administrator 43.00 Administrative Assistant 60.00 When authorized, overtime shall be charged at the listed rates times 1.3. Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses. A ten (10) percent fee for administration, coordination and handling will be added to all subcontracted services. RESOLUTION NO. 2009 — 236 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 5 TO THE AGREEMENT WITH RICK ENGINEERING COMPANY IN THE AMOUNT NOT TO EXCEED $53,400 FOR SURVEYING AND STAKING SERVICES IN CONJUNCTION WITH MARINA GATEWAY STREETSCAPE PROJECT AND THE AGREEMENT WHEREAS, pursuant to the Disposition and Development Agreement with Marina Gateway Development company, LLC, and Sycuan Tribal Development Corporation, the City is required to install a storm drain on Marina Way; and WHEREAS, on May 6, 2008, the City Council adopted Resolution No. 2008-69, approving an agreement with Rick Engineering Company in the amount of $370,597 for civil engineering design services for the Bay Marina Drive Improvement Project; and WHEREAS, Amendment No. 1 to the Agreement in the amount of $24,600 was for geotechnical services and the preparation of design development and construction documents to the Historic Train Depot parking lot; and WHEREAS, Amendment No. 2 was for civil engineering design and preparation of specifications and plans for the Marina Way Storm Drain Project in the not -to -exceed amount of $6,500; and WHEREAS, Amendment No. 3 in the amount of $33,675 provided additional civil engineering design services for the Bay Marina Drive Widening Project; and WHEREAS, Amendment No. 4 in the not -to -exceed amount of $6,800 provided surveying and staking services for the construction portion of the project; and WHEREAS, Amendment No. 5 in the not -to -exceed amount of $53,400 is for surveying and staking services for the Streetscape portion of the Marina Gateway Improvements not provided for in the original agreement, bringing the total agreement amount to $495,572. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 5 to Agreement with Rick Engineering Company in the not -to -exceed amount of $53,400 to provide surveying and staking services for the Streetscape portion of the Marina Gateway improvements not provided for in the original agreement for the Bay Marina Drive Widening Project. Said Amendment No. 5 to Agreement is on file in the office of the City Clerk. ATTEST: PASSED and ADOPTED this 6th day of October 09. n Morrison, Mayor fa Michael R. Della, ity Clerk APPROVED AS TO FORM: George H. user, 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 iI A):City Clerk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-236 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 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 6, 2009 AGENDA ITEM NO. 8 ITEM TITLE Resolution of the City of National City Council approving Amendment No. 5 to the agreement with Rick Engineering Company in the amount not to exceed $53,400 for Civil Engineering Support, surveying & staking services in conjunction with Marina Gateway Streetscape Project and authorize the Mayor to execute the agreement. (funded by tax increment fund) PREPARED BY Barby Tipton DEPARTMENTDevelopment Services EXT. 4583 Engineering Division EXPLANATION See attached explanation Environmental Review X N/A MIS Approval Financial Statement Approved By: manc= 'ireco Funds are appropriated in account number 511-409-500-598-3842 in the amount of $';:,400 Account No. STAFF RECOMMEN ION A1opt .e; esoluti. B • A / COMMI ' S NRECOM NDATION N/A aCt,).•`a'b ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Amendment (3 Original copies) CRICK A-200 (Rev. 7/03) OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax October 14, 2009 Mr. John Goddard Rick Engineering Company 5620 Friars Road San Diego, CA 92110 Dear Mr. Goddard, On October 6th, 2009, Resolution No. 2009-236 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment No. 5 to the agreement with Rick Engineering Company. We are enclosing for your records a certified copy of the above Resolution and a fully executed amendment. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.