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2009 CON CDC KOA Corp. - Engineering Services Redevelopment Project
AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND KOA CORPORATION THIS AGREEMENT is entered into this t7th day of , 200 9, by and between the COM MUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and KOA CORPORATION, a civil engineering firm (the CONSULTANT). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide civil engineering services. WHEREAS, the CDC has determined that the CONSULTANT is a civil engineering firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herei n. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of S ervices to be performed by the CONSULTANT under this Agreement. 3. PROJECT COORDINATION AND SUPERVISION. Colby Young hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Joe De La Garza thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $75,000 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CON SULTANT and the CDC cann of agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CDC or the CONSULTANT shall give to the other w ritten notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONS ULTANT. 6. LENGTH OF AGREEMENT. The term of this Agreement shall commence on date entered, and ter minate on June 30, 201 1, unless sooner terminated as provided for herein. 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, upon payment in full of all monies due to consultant, becom e the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC 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 CDC' s prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CDC's purposes, and the CON SULTANT 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 CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the C DC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 2 City's Standard Agreement — June 2009 revision 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as a gents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not li mited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the profess ional reputation and competence of the CONS ULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONS ULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CON SULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily 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. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation 3 City's Standard Agreement —June 2008 revision proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT shall use reasonable professional efforts to identify any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT agrees that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. 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 CONT RACTOR/ CONSULTANT [CHOOSE ONE] will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. T he 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 S ection 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 possess ion of the CONSULTANT without any obligation of confidentiality; (iv) has been or is hereafter rightfully disclosed to the CONS ULTANT 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; or (v) is required by law or if disclosure is necessary for consultant to defend itself from legal action or claim. 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 C DC. 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 CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the 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 4 City's Standard Agreement —June 2008 revision claims, of or by anyone whomsoever, to the extent 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 Califor nia Government Code and all amendments thereto; and all simdar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: fE' 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 shal I be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CDC. E. The aforesaid policies, except professional liability and workers' compensation, shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation and ten (10) days prior written notice for non-payment of premium. CONSULTANT shall provide a thirty (30) days written notice to Client prior to implementation of a reduction of limits or material change of insurance coverages as specified herein. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years 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 (except professional liability). I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII 5 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 CDC'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 com plied with, are filed with and approved by the CDC'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 CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $25,000 must be disclosed to and approved by the CDC. 18. 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, Cal ifornia, 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 conclusi ve 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. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONS ULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. Consultant may terminate this Agreement upon giving the Client sixty (60) calendar days prior written notice for any of the fol lowing: (1) breach by the Client of any material term of this Agreement, including but not lim ited to Payment Terms (2) transfer of ownership of the project by the Client to any other persons or entities not a party to this Agreement without the prior written agreement of the Consultant (3) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties here to reach accord on the fees and charges for any Additional Services required because of such changes. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONS ULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONSULTANT shall be entitled to receive just and equitabl e 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 CD C by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a 6 City's Standard Agreement — June 2008 revision reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. 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, m ailbox, 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, facs imile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: To CONSULTANT: Brad Raulston Executive Director Community Development Commission City of National City 1243 National City Boulevard National City, CA 91950-4301 Joe De La Garza KOA Corporation 5095 Murphy Canyon Road, Suite 330 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because 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. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CD C in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. 7 City's Standard Agreement —June 2008 revision ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 22. 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 whic h is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent ag reement, 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 pa rties hereto. K. Construction. The parties acknowledge and agree that ( i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are 8 City's Standard Agreement — June 2008 revision to be resolved against the drafti ng party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman APPROVED AS TO FORM: 9 KOA Corporation (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: (N- e) By: J. A-RNblp TO 9-M4, (Print) GGtAI�MA�N (Title) (Nam Joeil 1-u14er (Print) (Title) c , � S,, rc City's Standard Agreement - June 2008 revision EXHIBIT "A" City of National City Redevelopment Division On -Call Civil Engineering Scope of Work • Provide civil engineering design services for capital improvements projects including preparation of improvement design plans, bid documents and contract specifications; • Assist in the scheduling and coordination of the bidding process for construction projects; • Prepare legal descriptions, parcel maps, site plans and/or other drawings as necessary; • Prepare ALTA surveys, records of survey, topographic survey, monument replacement, corner records, map checking, court exhibit survey; • Provide Aerial photography through sub -contractor services; • Provide specialized traffic engineering and transportation planning services; • Hydrology and Hydraulics studies; • Sewer and Storm Drain improvement design; • Geotechnical engineering; • Traffic signal design; • Minor municipal structural design; • Provide cost estimates; • Provide potholing subcontractor for existing utility location; • Provide dry and wet utility consulting and/or coordination services; • Provide record maps and prepare as -built drawings as may be required and process them as necessary to finalize approvals and for record keeping purposes; • Provide landscape and irrigation design through sub -contractor services; • Provide GIS services; • Provide lighting and electrical services; • Provide general drafting services; • Attendance and presentations at community meetings, City Council, and with City staff ACORD, CERTIFICATE OF LIABILITY INSURANCE PRODUCER Dealey, Renton & Associates 199 S Los Robles Ave Ste 540 Pasadena, CA 91101 626 844-3070 DATE (MM/DDIYY) 10/30/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED KOA Corporation 1055 Corporate Center Dr #300 Monterey Park CA 91754 INSURER A: Travelers Property Casualty Co of Ameri INSURERS: Travelers Indemnity Co. of Connecticut INSURERC: American Automobile Ins. Co. INsuRERD:ACE American Insurance Company INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE TMMIDD/Y POLICY EXPIRATIONDI DATE (MM/DYYI LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 6802075L840 6/15/2009 6/15/2010 EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE (Any one fire) $1 , 000,000 CLAIMS MADE X OCCUR MED EXP (My one person) $10 , 0 0 0 X Contractual PERSONAL &ADV INJURY $1, 000, 000 _ Liability GENERAL AGGREGATE $2,000,000 $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG POLICY IA I JE T LOC B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREO AUTOS NON -OWNED AUTOS BA2072L002 6/15/2009 6/15/2010 COMBINED SINGLE LIMIT (Ea accident) $1, OOO, 000 X X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY CUP6464Y033 6/15/2009 6/15/2010 EACH OCCURRENCE $4, 000, 000 X OCCUR CLAIMS MADE AGGREGATE $4,000,000 X D DEDUCTIBLE RETENTION $0 $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP80977176 9/19/2009 9/19/2010 WC STATU- X TORYUMITTH- S OER E.L. EACH ACCIDENT $1000000 E.L. DISEASE- EA EMPLOYEE $1000000 E.L. DISEASE - POLICY LIMIT $10 0 0 0 0 0 D OTHER Professional Liability G23631684004 3/13/2009 3/13/2010 S2,OOo,00O per claim $2,000,000 annual aggr DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: JA92037 City of National City On -Call Civil Engineering. City of National City and its officials, officers, agents, volunteers and employees are named as additional insured as respects general & auto liability for claims arising from the operations of the named insured as required by written contract. Primary wording and waivers of subrogation apply per policy forms attached. City of National City, its officers, officials, agents, volunteers and employees 1243 National City Boulevard National City CA 91950 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. AUTHORIZED REPRESENTATNI��[' ACORD 25-S (7/97) J POLICY NUMBER: 6802075L840 COMMERICAL GENERAL LIABILITY ISSUE DATE:10/30/2009 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of National City, its officers, officials, agents, volunteers and employees 1243 National City Boulevard National City CA 91950 PROJECT/LOCATION OF COVERED OPERATIONS: RE: JA92037 City of National City On -Call Civil Engineering PROVISIONS A The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury", 'property damage" or 'personal injury caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing oper- ations; b. In connection with premises owned by or rented to you; or C. In connection with your work and included within the "products -completed operations hazard." Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury' for which that person or organization has assumed liability in a contract or agreement. CGD3820907 The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a contract or agreement requiring insurance that, for the addi- tional insured shown h the Schedule, the insur- ance provided to that additional insured under this © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission Page 1 COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 82 09 07 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission Page 2 POLICY #: BA2072L002 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: l o/ 3 0/ 2 0 0 9 Countersigned By: Named Insured: KOA Corporation %��j0"+�'r ,(r (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): RE: JA92037 City of National City On -Call Civil Engineering (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 TRAVELERS? WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76(00) — 001 POLICY NUMBER: WZP80977176 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3.00 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization City of National City, its officers, officials, agents, volunteers and employees 1243 National City Boulevard National City CA 91950 Job Description RE: JA92037 City of National City On -Call Civil Engineering DATE OF ISSUE:lo/3o/zoo9 ST ASSIGN: CA 017106 CITY OF NATIONAL CITY BUSINESS LICENSE RENEWAL PLEASE CORRECT AND COMPLETE ALL ITEMS. THIS FORM MUST BE SIGNED AND RETURNED FOR BUSINESS TAX CERTIFICATE, EVEN IF NO PAYMENT IS DUE. RETURN THIS FORM, INFORMATION AND CHECK TO: CITY OF NATIONAL CITY BUSINESS LICENSE DIVISION 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 PHONE: (619) 336-4330 SYVY✓A'}w reh' Pn. o....��' 1 ��i�f i �•.��, �h ''..a' ,��� .,��w Out Of Town Vendor Corporation (619)683-2933 February 28, 2009 BUSINESS 5095 MURPHY CANYON RD STE 330 LOCATION5095 BUSINESS KATZ, OKITSU & ASSOCIATES NAME & MAILING 5095 MURPHY CANYON RD STE 330 95-4515909 "fi cdez o ° leftj' ADDRESS DIEGO, CA 92123-434 OWNER PARTNERS OR CORP. NAME TORMA, JAMES A. If no longer doing business please enter the business close date and sign below BUSINESS LICENSE TAX RATE SCHEDULE BUSINESSES NOT CHARGED ON GROSS RECEIPTS (ENTER TOTAL ON LINE 1 BELOW) CONSTRUCTION ONLY — A.Type "C" Sub -contractor - Out-of-town $ — B.Type "A" or "B" contractor - Out-of-town $ 135.00 200.00 — C Adult only movie theater — D. Adult only book store — E. Amusement arcade — F. Bowling alley G. Dancehall - H. Fortune telling — I. Bingo — J. Pawn broker — K. Swap meet - L. Mobil searchlight advertising $ 535.00 $ 535.00 $ 265.00 $ 265.00 $ 805.00 $ 265.00 $ 50.00 $ 400.00 $ 6,000.00 $ 135.00 — M.Mobil amusement vehicle — N. 2nd Location in National City — O. Registered Not -for -profit — P. Fee exempt — Q. Warehouse incidental to business (Business must be in National City) — S. Auctioneer $ 135.00 — T. Out-of-town vendor $65.00 per vehicle $65.00 x vehicles = U. Retail food & beverage vendors $200.00 per vehicle $200.00 x vehicles = V. Coin Operated MachinesNideo Machines-$55 per machine X Machines= 1. Tax Amount (ENTER AMOUNT DUE BASED ON BUSINESS TYPE ABOVE) C. PENALTY TABLE 2. Total Tax Due 1 DECLARE UNDER PENA IE , AND T) AT 1 HAV For failure to pay by February 28th, add the penalty amount listed below Payment Dates March 1st through March 31st April 1st through April 30th May 1st through May 31st June 1st through June 30th Aker June 30th Penalty + 20% + 40% + 60% + 80% + 100% $ 65.00 $ 20.00 N/C N/C N/C (Qs - TY OF PERJURY THAT THE STATEMENTS MADE HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND R •.i THIS NOTICE. _ _ Owner/Principal Officers gnature Date CITY OF NATIONAL CITY Finance Department 619.336-4330 National City 2 / 32888 11/04/2009 12:55:20.000 Validation Receipt Reg WXPCASHF1 CHARGES- 001-00000-3040 $ 65.00 BL 31534 Sub -total $*********65.00 PAYMENT- 65.00 Check - KOA 3391 $ 3391 Change $**********0.00 THANK YOU! Business Hours: 7:00 - 6:00 Monday through Thursday Closed on Fridays RESOLUTION NO. 2009 — 277 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT IN THE NOT -TO -EXCEED AMOUNT OF $75,000 WITH KOA CORPORATION TO PROVIDE AS -NEEDED CIVIL ENGINEERING SERVICES WHEREAS, the Community Development Commission of the City of National City (CDC) is implementing the National City Redevelopment Plan; and WHEREAS, CDC desires to employ a consultant to provide as -needed civil engineering services related to various projects within the National City Redevelopment Project; and WHEREAS, CDC has determined that KOA Corporation is a registered civil engineering firm and is qualified by experience and ability to perform as -needed civil engineering services. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement with KOA Corporation in the not -to -exceed amount of $75,000 to provide as -needed civil engineering services. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of November, 2009. on Morrison, Chairman APPROVED AS TO FORM: G City Attorney Passed and adopted by the Community Development Commission of the City of National City, California, on November 17, 2009, by the following vote, to -wit: Ayes: Commissioners Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission iecreyLGnity Development Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-277 of the Community Development Commission of the City of National City, California, passed and adopted on November 17, 2009. Secretary, Community Development Commission By: Deputy City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE November 17, 2009 AGENDA ITEM NO. 15 ITEM TITLE Resolution of the Community Development Commission of the City of National City approving an agreement with KOA Corporation to provide as -needed civil engineering services with not -to -exceed amount of $75,000 and authorizing the chairman to execute the agreement PREPARED BY Colby Young Project Manager (x4297) EXPLANATION DEPARTMENT Redevelopment Community Development Commission of the City of National City (CDC) desires to employ a consultant to provide as -needed civil engineering services related to various projects within the National City Redevelopment Project. Upon direction from the Executive Director, the CDC advertised a Request for Qualifications for civil engineering services. Eighteen proposals were received and reviewed by a staff committee. The CDC has determined that KOA Corporation is a registered civil engineering firm and is qualified by experience and ability to perform as -needed civil engineering services. Staff recommends retaining KOA Corporation for a period of two years to perform civil engineering services for CDC with a not -to -exceed amount of $75,000. Environmental Review NI N/A Financial Statement Agreement nas not -to -exceed amount of $75,000. Charges will be applied to accounts on a project by project basis. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. rd 6 0 q - a `1 1. Proposed Agreement A-200 (9/99) v November 24, 2009 Mr. Joe De La Garza KOA Corporation 5095 Murphy Canyon Road, Suite 330 San Diego, CA 92123 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 Dear Mr. De La Garza, On November 17th, 2009, Resolution No. 2009-277 was passed and adopted by the Community Development Commission of the City of National City, authorizing execution of an agreement with KOA Corporation. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Michael R. Dalla, CMC City Clerk Enclosures cc: Community Development Commission