HomeMy WebLinkAbout2010 CON Harris & Associates - 8th St. Smart Growth RevitalizationAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
HARRIS & ASSOCIATES, INC.
THIS AGREEMENT is entered into this 2nd day of March, 2010, by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and HARRIS &
ASSOCIATES, INC., a Corporation (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide Civil
Engineering Services for the National City 8th Street Corridor Smart Growth Revitalization
Project.
WHEREAS, the CITY has determined that the CONSULTANT is a Civil
Engineering firm and is qualified by experience and ability to perform the services desired by
the CITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage
the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter
set forth in accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services required hereunder will be
performed directly by the CONSULTANT or under direct supervision of the CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT will perform services as set
forth in the attached Exhibit "A".
The CONSULTANT shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A"to keep
staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONSULTANT, from time to time
reduce or increase the Scope of Services to be performed by the CONSULTANT under this
Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services, not to exceed a factor of 10% from the
base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Stephen Manganiello, Traffic Engineer hereby is designated as the Project
Coordinator for the CITY and will monitor the progress and execution of this Agreement. The
CONSULTANT shall assign a single Project Director to provide supervision and have overall
responsibility for the progress and execution of this Agreement for the CONSULTANT. Ehab
Gerges, P.E. thereby is designated as the Project Director for the CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any.
The total cost for all work described in Exhibit "A"shall not exceed the schedule given in Exhibit
"A" (the Base amount) without prior written authorization from the City Engineer. Monthly
invoices will be processed for payment and remitted within thirty (30) days from receipt of
invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the
CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of final payment under this Agreement, for inspection by
the CITY and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City shall decide any and all
questions which may arise as to the quality or acceptability of the services performed and the
manner of performance, the acceptable completion of this Agreement and the amount of
compensation due. In the event the CONSULTANT and the City cannot agree to the quality or
acceptability of the work, the manner of performance and/or the compensation payable to the
CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written
notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a
report which supports their position and file the same with the other party. The City shall, with
reasonable diligence, determine the quality or acceptability of the work, the manner of
performance and/or the compensation payable to the CONSULTANT.
6. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth in Exhibit "A".
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONSULTANT for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY upon completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications or other work
prepared under this agreement, except upon the CITY's prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall,
upon request of the CITY, execute any further document(s) necessary to further effectuate this
waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's
written work product for the CITY's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
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City's Standard Agreement —June 2008 revision
Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14
but only with respect to the effect of the modification or reuse by the CITY, or for any liability to
the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. INDEPENDENT CONSULTANT. Both parties hereto in the performance
of this Agreement will be acting in an independent capacity and not as agents, employees,
partners or joint venturers with one another. Neither the CONSULTANT nor the
CONSULTANT's employees are employee of the CITY and are not entitled to any of the rights,
benefits, or privileges of the CITY's employees, including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional
reputation and competence of the CONSULTANT and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONSULTANT without the prior written consent
of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from
employing or hiring as many employees, or 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(s) to adhere
to the applicable terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents or employees shall
have any control over the conduct of the CONSULTANT or any of the CONSULTANT's
employees except as herein set forth, and the CONSULTANT expressly agrees not to
represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are
in any manner agents, servants or employees of the CITY, it being understood that the
CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent
CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are
prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT, and each
of its subCONSULTANTs, shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONSULTANT represents and covenants
that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONSULTANT's trade or profession currently practicing under
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City's Standard Agreement —June 2008 revision
similar conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONSULTANT's professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONSULTANT has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all
products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONSULTANT agrees
to post in conspicuous places available to employees and applicants for employment any
notices provided by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to
be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any
part of the information that (i) has been disclosed in publicly available sources of information; (ii)
is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a
third party, but only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
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Citys Standard Agreement —June 2008 revision
The CONSULTANT shall be liable to CITY for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS.
The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City,
its officers and employees, against and from any and all liability, loss, damages to property,
injuries to, or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including
workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the
CONSULTANT's negligent performance of this Agreement.
16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall
purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchas
and maintain throughout the term of this agreement, the following insurance policies:
® A. If checked, Professional Liability Insurance (errors and omissions) with /
minimum limits of $1,000,000 per occurrence. '
B. Automobile insurance covering all bodily injury and property damage\ .l
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of $1,000,000
per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising
out of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT's employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided
prior to commencement of work under this Agreement. 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 CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
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Cites Standard Agreement —June 2008 revision
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
K. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of
the representations and warranties on the part of the other party arising out of this Agreement,
then in that event, the prevailing party in such action or dispute, whether by final judgment or
out -of -court settlement, shall be entitled to have and recover of and from the other party all
costs and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The
costs of mediation shall be borne equally by the parties. Any controversy or claim arising out
of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties
to the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
20. TERMINATION. A. This Agreement may be terminated with or without
cause by the CITY. Termination without cause shall be effective only upon 60-day's written
notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all
services in accordance with this Agreement.
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City's Standard Agreement — June 2008 revision
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective
date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of
said written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the
CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a
business reorganization, change in business name or change in business status of the
CONSULTANT.
21. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight
mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if
the address is outside the State of California) after the date of deposit in a post office, mailbox,
mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
To CITY:
To CONSULTANT:
Maryam Babaki, P.E.
City Engineer
Engineering Department
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Ehab Gerges, P.E.
Vice President, Southern Region
Harris & Associates, Inc.
750 B Street, Suite 1800
San Diego, CA 92101
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City's Standard Agreement — June 2008 revision
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at
all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official
position to influence in any way any matter coming before the CITY in which the CONSULTANT
has a financial interest as defined in Government Code Section 87103. The CONSULTANT
represents that it has no knowledge of any financial interests that would require it to disqualify
itself from any matter on which it might perform services for the CITY.
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONSULTANT.
23. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one
and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
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City's Standard Agreement —June 2008 revision
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between
the parties as to the subject matter hereof. No subsequent agreement, representation, or
promise made by either party hereto, or by or to an employee, officer, agent or representative
of any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and
shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation
and negotiation of this Agreement, (iii) each such party has consulted with or has had the
opportunity to consult with its own, independent counsel and such other professional advisors
as such party has deemed appropriate, relative to any and all matters contemplated under this
Agreement, (iv) each party and such party's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have = ecuted this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
George I-f Eiser, III
City Attorney
9
HARRIS
By:
By:
CIATES, INC.
h. erges, P.E.
Vice President, Southern Region
1.4 c-•h a6eFt��+1Ee�"� l\
er Saunders, P.E.
Manager — San Diego
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City's Standard Agreement — June 2008 revision
CITY OF NATIONAL CITY
8T14 Street Corridor Smart Growth Revitalization
Methods Proposed to Accomplish the Work
Project Understanding and Approach
The City of National City has successfully received funding to transform the 8th Street corridor. The
revitalization area begins at the 8th Street Trolley Station and extends east along 8th Street until D
Avenue. The Smart Growth Revitalization project will provide a pedestrian- and bicycle -friendly
environment where students can grab a coffee and study, visitors can leisurely shop along 8th Street,
and residents are able to live, work and shop in the local community. The project will provide the
physical and visual connection that is needed to draw people to the "heart of the city," National City
downtown, from the Trolley Station.
Since our initial interview with City staff, the Harris KTU+A Team has invested a great effort to
further review the project details. This effort included:
• Reviewed project requirements as it pertains to smart growth urban design improvements, and
funding commitments as outlined in the SANDAG Transnet Capital Improvements Guideline
• Identified and addressed project constraints relating to improvements within MTS and Caltrans
right-of-way
• Reviewed proposed traffic impacts as it pertains to traffic circulation and traffic channelization
on 8th Street between National City Boulevard and D Avenue
• Evaluated available construction budget vs. proposed project improvements
Smart Growth Urban Design
The proposed project will implement the downtown vision as it is presented in the City's approved
National City Downtown Specific Plan adopted in February 2005. The proposed improvements will
coordinate the urban design treatments including lighting fixtures, banners, furnishings, paving
patterns, paving materials, entry gateways, public art, and railing lighting at the underpass to create
one cohesive design theme.
Our approach to accomplish this goal is facilitating a series of public outreach meetings to select the
National City design theme that will be used throughout the 8th Street Revitalisation Corridor. The
Project Team will provide two design themes and will work with the community to come up with a
third design theme. The public meetings will result in the selection of a design theme and through
this process, gain community approval and support.
Project Constrains within MTS & Caltrans Right of Way
MTS Right of Way
Based on our conversations with Mr. Jim Neal, Program Manager for the blue line, orange line and
the downtown segments, Mr. John Haggerty-MTS Engineering Manager and Mr. Dave Ragland-
SANDAG Project Manager for the three line upgrades, and research with MTS staff, the Harris
NI Harris & Associates.
Pagel
CITY OF NATIONAL CITY
8T11 Street Corridor Smart Growth Revitalization
KTU+A team has learned that the MTS 8th Street Trolley Station will be receiving future upgrades
within the next two years due to the necessity of bringing all trolley stations up to level boarding
capability (8" above the track elevation). The 8th Street Trolley Station will receive the following
upgrades under MTS' improvement plan:
- Potentially move the platform north 50'-0" due to new safety regulations
Potentially move the bus transfers to a different location along the curb or increase the
capacity of the more western (north side) stop
New platforms with shelters will be provided on both sides of the tracks
- Parking lot will be improved and other site amenities will be added
- Connection improvements that originate beyond the MTS right-of-way to the station
- Replacement of missing sidewalk segments and hardscape improvements that will make the
station more user-friendly
- Bring all sidewalks and pedestrian access to ADA compliance
As a result of receiving this information, we recommend that any proposed improvements within the
Trolley Station plaza be deferred to the proposed MTS trolley stations upgrade plans, since any
improvements constructed with this project could potentially be removed during MTS stations'
upgrade. The future Trolley Station improvements will be funded by MTS, which in turn will help
the Smart Growth construction budget as more dollars will be redirected to address needed
improvements in the remaining segments of 8th Street.
Therefore, we are adjusting our project approach to refocus the proposed improvements effort away
from the Trolley Station plaza and limit it to the walkway connection leading up to the station. All
improvements identified in the 8th Street Smart Growth project will be coordinated with MTS to be
included with the proposed Trolley Station Upgrade. Because of this change in the scope, David
Evans and Associates will not be needed on the team
Caltrans Right -of -Way
Proposed improvements on 8th Street within Caltrans right-of-way, from east of the Trolley Station
to west of Roosevelt Avenue are necessary to improve the physical and visual link, and increase
project's users safety. All proposed improvements within this segment will be subject to Caltrans
review and approval and is critical to the project schedule. To properly understand Caltrans
requirements and provide the City with realistic expectations, we contact Caltrans Development
Review Branch to address Caltrans requirements and procedures in reviewing and approving these
improvements. Based on meetings and correspondence with Caltrans, the proposed project will be
required to address the following:
• Any reduced traffic lane width (less than 12') as identified in the current proposed concept
will require the submission of a design exception prior to applying for an encroachment
permit
• Class II Bike lanes must meet the requirements indicated in Caltrans Highway Design
Manual and California Manual on Uniform Traffic Control Devices (MUTCD)
• Any proposed lighting improvements within the State's right-of-way will need to comply
with Caltrans Requirement on Safety Lighting Design
ii� Hams & Associates.
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CITY OF NATIONAL CITY
8TH Street Corridor Smart Growth Revitalization
One of the challenges associated with the conceptual design is to provide Class II bike lanes within
the State's right-of-way, while maintaining minimum 12' lane widths within the available curb -to curb
width. In our discussions with Ivlr. Joel Sims with Caltrans, we learned that similar challenges with
maintaining minimum 12' lanes are encountered by Caltrans on the I-5/ 24th Street interchange
modifications. For the I-5 interchange project, Caltrans in collaboration with the City is evaluating
eliminating the existing sidewalk on the south side of the roadway to provide for needed additional
roadway width while maintaining standard lane widths.
The project team has evaluated a similar approach to the I-5 interchange project on 8th Street within
the State's right of way and it appears that this could a viable alternative (see exhibit attached). It is
our recommendation that alternative be further evaluated and presented to Caltrans early on in the
process. We also recommend revisiting adding a class II Bike lane once a dialogue is started with
Caltrans as costs and schedule impacts are identified during the project.
Traffic Impacts
The implantation of the Smart Growth Revitalization project will require the evaluation of the
project affects on the traffic circulation and traffic channelization on 8th Street between D Avenue
and National City Boulevard. The following will present our preliminary evaluation and analysis in
evaluating these two issues.
Traffic Circulation
The proposed project will require lane reduction on 8th Street from National City Blvd. to D Avenue
from four (4) through lanes to two (2) through lanes. To achieve this lane reduction, dropping of the
number 2-lanes for the east and west bound directions at National City Boulevard and D Avenue
consecutively will be required. As a result of the lane reduction in this segment of 8th Street, traffic
volume in the east and west bound directions will be diverted to the north and south of 8th Street.
The project team looked at the diversion of the eastbound traffic along 8th Street at National City
Boulevard, and the impact of this diversion at the intersection of Plaza and National City Boulevard.
Our analysis was based on a conservative assumption of 10% to 40% diversion for northbound and
southbound consecutively. Out preliminary analysis included evaluation of the following scenarios.
• Existing volumes with existing 4-lanes on 8th Street (From National City Boulevard to
D Avenue) with protected left turn phasing,
• Proposed 2 lanes on 8th Street for protected -permissive phasing change
• Proposed 2 lanes on 8th Street for 2030 traffic volume projection for protected -
permissive phasing
ii
Harris & Associates.
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CITY OF NATIONAL CITY
8TH Street Corridor Smart Growth Revitalization
National City lvd. And Plaza Blvd.
95th percentile Queue on South Bound Left Turn Pocket with 130 foot storage length
8th St. 4 lanes
8th Street 2 lanes 8th street 2 lanes
AM
PM
AM
PM
AM
PM
AM
PM
Required left turn length
39'
204'
100'
522'
56'
392'
78'
605'
LOS p
ICU LOS -
LOS B
LOS B
LOS C
LOS C
LOS C
LOS C
LOS E
LOS E
Based on existing southbound left turn pocket length at Plaza of approximately 110', if left turn
volume queuing is more than 110', the intersection will then experience left turn movement overflow
into the southbound through lanes during peak hours, thus reducing the intersection level of service.
The above table identifies that a significant reduction in the level of service will occur as a result of
traffic diversion on 8th Street. We also evaluated optimization of the intersection by using protected
permissive left turn phasing. This optimization provides somewhat of an improved level of service.
This issue will need further analysis and investigation to address the future trip distribution to
mitigate project impacts at several intersections north and south of the project. Further analysis will
include:
1. Synchronization and coordination study for the National City Blvd. Corridor
2. Equal distribution of traffic volumes
3. Temporary closure of one lane each direction for simulation of the project conditions, and
conduct a traffic volume data collection for a "Before and after study" to observe the actual
traffic pattern changes.
However, it our understanding that addressing traffic impacts at other intersections is outside the
scope and the budget of this project and will be provided to the City as an optional service when
requested.
Traffic Channelization
The project team performed a preliminary evaluations to address proposed angle parking on 8th
Street between National City Boulevard and D Avenue. Our evaluation addressed placement of angle
parking on one continuous side of the roadway vs. alternating placement between roadway blocks.
As shown on the attached Exhibit, due to the limited proposed curb -to curb width, placement of
alternate angle parking is not conducive for this project as it presents lane channelization offset at the
intersections. The lane offsets at the intersections can be addressed by providing a chicane design.
However, this will result in significant loss of parking spaces. Providing angle parking on one
continues side of the roadway will provide for more effective channelization design.
We also evaluated traffic channelization transoms at D Avenue and National City Boulevard
intersections. Our analysis indicates the dropping the number 2 lanes for the east and west bound
traffic lanes at National City Boulevard and D Avenue consecutively, appears to be the more
effective design. Further evaluations of traffic channelization will be completed during the
preparation of construction documents.
Harris & Associates.
Page4
CITY OF NATIONAL CITY
8TH Street Corridor Smart Growth Revitalization
Evaluation of Construction Budget
Scaling the proposed project to realistically match the project budget is a critical element to the
project success. It is our understanding that the available construction budget is $2 million. The
project team has developed a preliminary construction budget to evaluate the feasibility of
constructing proposed project improvements vs. available constructions dollars. Based on the
preliminary budget review the budget was between the two project segments east and west of
National City Boulevard. For the segment of 8th Street between the Trolley Station and National
City Boulevard, our estimate addressed replacing street lighting under the overpass, planting trees
where they are missing/dying, and replacing pavers, lifted tree grates, and concrete sidewalk banners.
These improvements will go a long way towards improving this roadway segment, while shifting the
focus of the budget to the area between National City Boulevard and D Avenue, where the residents
and guests of National City will see the greatest return and positive impact.
Based on the inclusion of all proposed improvements identified in the grant project application,
removal of the existing sidewalk on the south side to achieve proposed bike lanes and adequate travel
lane width, and rehabilitation of existing of roadway pavement to render a comprehensive face lift of
the project area, our preliminary construction estimate is approximately $2.54 million (see attached
preliminary cost analysis). This preliminary budget has a 20% o contingency.
Our approach to manage the construction budget during the design process is to develop a project
elements Priority Matrix to further identify additional improvement elements that can be broken out
of the project for future project phases, be considered as alternative bid items, or added to the
project as additional funding becomes available. For example, our preliminary analysis identified the
separate costs of removing of the existing sidewalk on the south side to achieve the proposed hike
lanes and rehabilitation of existing roadway pavement. The elimination of these two items will reduce
the total project cost by approximately $'/s million. Further proposed improvement elements will be
identified and added to the project Priority Matrix. This Priority Matrix will be revisited and revised
during design development based on community feed back and permitting agencies' requirements.
Scope of Work
Phase I — Review of Existing Conceptual Design
1.1 Landscape Architectural Theming
A conceptual theming plan will be generated for the 8th Street Smart Growth Revitali'ation
Corridor. It will be prepared KTU+A and Graphic Solutions and approved by the City. Our scope
will include the development of three different and varied themes, one of which will be generated by
the National City community. The selected theming plan will be incorporated into the lighting,
signage, and banners. The theming plan will accomplish two goals, first to generate positive public
interest, create a sense of ownership to the project, and create a consistent visual environment for the
8th Street Corridor.
Rim. Harris & Associates.
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CITY OF NATIONAL CITY
8TH Street Corridor Smart Growth Revitalization
1.2 Civil Improvements
Review, coordinate and refine the proposed roadway geometric conceptual design, addressing
roadway width as it relates to replacement of concrete sidewalks, curb and gutters, access ramps,
cross walks, raised medians, bike lanes, driveways, street sights, and all other associated
improvements.
1.3 Public Presentation and Meetings
We included in our scope , the preparation and attendance at two (2) community meetings with
neighborhood groups, business owners, SANDAG, CDC, Chamber of Commerce, and other project
stake holders to address design theming concepts, possible revisions to the design concepts and
scope of the project.
Phase II — Preparation of Construction Documents (PS&E)
Task 1.0 Project Management
1.1 Progress Review & Meetings
We will schedule and attend monthly project development (PDT) meetings with City staff to present
and discuss our progress submittals and design parameters. Twelve (12) Meetings are included in the
scope of this proposal. We will also provide copies of meeting minutes for the City's review within
one (1) week after each meeting.
1.2 Topographic Survey
Our subconsultant, right of way Engineering Services, Inc. will perform aerial mapping, R/W, and a
center line survey for the project as follows:
1. Research record maps to establish record street right of way
2. Tic in sufficient monuments to orient record right of way
3. Set aerial targets (8), horizontally locate aerial targets and tic into National City vertical
benchmarks.
4. Establish Centerline Stationing and perform cross sections at 50' intervals from the Trolley Station
to National City Boulevard and at 25' Intervals from National City Boulevard to D Avenue.
5. Identify surface utilities that show in aerial mapping and tie in all other surface utilities not shown,
including rim and inverts of storm drain and sanitary sewer, visible sewer cleanouts, water main
appurtenances, water meters, gas, electric, phone and cable.
6. Aerial mapping at 1"= 20' feet with 1' contours un AutoCAD format and a digital color ortho
photo along 8th street from the Trolley Station to D Street approximately 300' wide.
H'i I Harris & Associates.
Page6
CITY OF NATIONAL CITY
8TH Street Corridor Smart Growth Revitalization
7. Add cross section data, additional utility information and street right of way to aerial base mapping
1.3 Base Mapping
Utilizing the aerial topographic survey and survey data obtained in the Task 1.2, we will prepare base
maps for the proposed improvements within the already specified limits. Base maps will be prepared
in plan, and plan and profile formats.
Base maps will include roadway center line, right-of-way, manholes, valves, water meters, all visible
utility boxes, and above and underground utilities. All base maps will be prepared in AutoCAD.
1.4 Data Gathering and Site Visits
The I larris KTU+A Team will gather a variety of available information from the City. The Harris
staff will gather all available record plans, utility plans pertinent to the design of the project.
Meanwhile the KTU+A staff will collect project information, existing land uses, zoning, and design
guideline information. Staff will also complete field work for landscape/urban design features to
remain in the area as well as assess existing trees, site furnishings, walkways, and other elements. A
thorough review of positive and negative site features will be generated (including transit routes) and
will be summarized for City staff.
1.5 Utility Coordination
We will mail initial utility notifications to all utility companies that have facilities within the project
limit making them aware of the upcoming construction activities and requesting copies of their maps
and plans of their existing facilities within the project limits. The utility coordination also includes all
efforts required for the undergrounding of existing overhead lines with SDG&F and other utility
companies
We will arrange meetings with utility companies that may have projects in the area, to coordinate the
construction schedule that will impact 8th Street improvements.
Copies of progress submittals will be transmitted to all affected utility companies to notify them of
the anticipated project construction schedule and request any utility potholing and /or relocations
necessary for the construction of the proposed improvements. We will maintain a utility log to track
to whom and when notifications were sent to, and document the responses received. City staff will
be copied on all utility correspondence.
1.6 Geotechnical Investigation
Our subconsultant Ninyo & Moore will perform geotechnical evaluation for the project area. The
scope of work for geotechnical evaluation will include the following:
1. Review of available data developed for the roadway by the City and any additional reports
prepared for the roadway by other consultants will also be reviewed, if provided.
Harris & Associates.
Page7
CITY OF NATIONAL CITY
81H Street Corridor Smart Growth Revitalization
2. A visual survey of the surface conditions of the asphalt concrete pavement throughout the
roadways using a standard rating system during our marking of the borings/core locations for
Underground Service Alert.
3. Obtain seven (7) borings to a depth of approximately 5 feet in depth for the roadway. The
borings will be placed at selected locations within the roadway.
4. Evaluate all data developed and formulate cost effective recommendations to rehabilitate or
replace the subject roadways to meet the current traffic index requirement.
1.7 Utility Potholing
Vacuum -extraction potholing of existing utilities in conflict with the proposed improvements will be
performed by our subconsultant, Underground Solutions at our direction. We included a total of
nine (9) potholes for the project.
1.8 Caltrans Encroachment Permit
A Caltrans encroachment permit will be required for the construction activities impacting Caltrans
right-of-way. Our estimated level of effort includes preparing the encroachment permit on behalf of
the City, coordinating and processing the project plans, and attending up to two (2) meetings with
Caltrans to address their comments. Per our discussions with the City, all traffic studies and analyses
required by Caltrans will be provided by the City and are not included in the scope of services.
1.9 Water Quality Management Plan - WQMP
Prepare a Water Quality Management Plan (WQMP) in accordance with Standard Urban Storm
Water Mitigation Plan (SUSMP) for this project. The WQMP report will be prepared in accordance
with the City of National City SUSMP checklist and will include the following components:
1. Identification of Pollutants
2. Identification of conditions of concern
3. SUSMP design flow calculation
4. BMP identification
5. Site Design BMPs
6. Source Control BMPs
7. Treatment Control BMPs
8. Treatment control BMP analysis, showing the capacity of the treatment control BMPs and
capabilities of removing potential pollutants.
9. Operation and Maintenance Arrangement
10. Maintenance Schedule
Harris & Associates.
Page8
CITY OF NATIONAL CITY
8TH Street Corridor Smart Growth Revitalization
Requirement and guidelines for the preparation of a Storm Water Pollution Prevention Plan
(SWPPP) will be included in the construction documents for the Contractor to prepare. Preparation
of actual SWPPP is not included in the scope of this work.
Task 2.0 Preliminary Design (50% Submittal)
2.1 Preliminary Plans
2.1.1 Preliminary Landscape Architectural Plans
The Preliminary Landscape Architectural Plan Sheets include the following:
• Irrigation Plans & Details. This plan will diagrammatically lay out landscape irrigation piping,
valves, control equipment, sprinkler heads, fertilizer injectors, booster pumps and related
irrigation equipment for the irrigation of planting areas
• Planting Plans & Details. This plan will graphically locate and identify planting materials to be
used, including specific quantities, sizes and varieties, and will include planting details and
planting legend to install plant materials.
• Prepare Finish grading plans. Coordinate civil site drainage adjustments with pipe inlet/outlet
locations, sizes, type and details for specific areas where necessary.
• Landscape Lighting. Select historic lighting fixtures with banners and specify Lighting locations
for up -lights, including fixture types.
2.1.2 Preliminary Civil Improvement Plans
Prepare Preliminary Civil Improvement Plan Sheets for proposed improvements within the project
limits to include sidewalk replacement, curb and gutter replacement, pedestrian ramps, crosswalk,
bike lanes, raised medians, pavement rehabilitation, traffic signal modifications.
2.1.3 Drainage Improvement Plans
Based on the available construction finding, no new storm drain improvements will be included in
the scope of this project. Proposed drainage improvements will be limited to modification of existing
curb inlets impacted by the proposed curb and gutter and sidewalk improvements.
2.1.4 Street Lighting Plans
Our sub consultant Kanrad Engineering, will prepare preliminary plans for street lights replacement,
per approved conceptual design, as well as new lights under the bridge to enhance the pedestrian
safety and connectivity from the Trolley Station to the downtown area. Their scope of services will
include the following:
• Review existing as built drawings
• Coordination with SDG&E
U
U
Harris & Associates.
Page9
CITY OF NATIONAL CITY
8T11 Street Corridor Smart Growth Revitalization
• One site visit to visually review existing conditions
• Electrical calculations and point by point photometric drawing.
• Complete working drawings
2.1.5 Preliminary Signing and Striping Plan
Prepare preliminary signed and striping plans within project limits. Signing and striping plans will
also include all proposed loop modifications.
2.1.6 Preliminary Signal Plan
Prepare plans for the traffic signal pole replacement a the southeast corner of 8th Street and National
City Blvd to clear the pedestrian bridge and any signal upgrades required. We will also prepare plans
fot the signal modifications at 8th Street and D Avenue to include pedestrian push button poles.
2.1.7 Preliminary Traffic Control and Construction Staging Plans
Prepare preliminary traffic control and construction staging plans within the project limits to address
phasing of Contractor's operation and allowed lane closures.
The team will summarize the number of plan sheets we anticipate will be required for the
construction documents.
Description
Scale
Number of Sheets
Project Title Sheet
N/A
1
Landscaping Architectural Plans
27
Civil Detail Sheets
N/A
2
Civil Improvement Plans, Plan & Profile
1"=20'
7
Drainage Improvement Plan, Plan & Profile
1"=40'
1
Street Lighting Plans
1 "=40'
3
Signing and Striping Plans
1 "=40'
2
Signal Modification Plan at National City Boulevard
1"=20'
1
Traffic Control & Construction Staging Plans
1"=40'
6
Total Estimated Sheets
50
HI Harris & Associates.
Page 10
CITY OF NATIONAL CITY
8TH Street Corridor Smart Growth Revitalization
2.2 Preliminary Specifications
Specifications will be prepared in the City's format using a digital sample provided by the City. The
specifications will be submitted to the City for review.
2.3 Preliminary Probable Construction Cost Estimate
A preliminary probable construction cost estimate will be prepared from actual quantities shown on
the plans and unit cost from recent bids received by the City for similar items of work and Harris
extensive bid tabulation history.
Task 3.0 Final Plans, Specifications and Estimate (90%-100% Submittal)
3.1 Final Landscape Architectural Plans
The final landscape architecture plans will incorporate the 50% submittal and its reviews. The final
plan set will include the following:
• Landscape/Hardscape drawings that include streetscape and all other special design features at
• Irrigation plans
• Detailed sheets that include hardscape, planting, and irrigation
• Plant list, materials, and notes
• Irrigation materials
3.2 Final Civil Improvement Plans
Prepare final civil improvement plan sheets to include City's comments. We included two round of
submittal in our scope of service.
3.3 Final Drainage Improvement Plans
Prepare final drainage plan sheets to include 50% submittal comments.
3.4 Final Street Lighting Plans
Prepare final street lighting plans and park lighting plans to incorporate 50% submittal comments.
3.5 Final Signing and Striping Plans
Prepare final signing and striping plans to incorporate 50% submittal comments.
3.6 Final Signal Plan
Prepare plans for the traffic signal pole replacement a the southeast corner of 8th Street and National
City Blvd to clear the pedestrian bridge and any signal upgrades required. We will also prepare plans
for the signal modifications at 8th Street and D Avenue to include pedestrian push button poles.
Harris & Associates_
Pagell
CITY OF NATIONAL CITY
8TH Street Corridor Smart Growth Revitalization
3.7 Final Traffic Control or Construction Staging Plans
Prepare final traffic control or construction staging plans to incorporate 50% submittal comments.
3.8 Final Specifications and Estimate
Final Specifications and estimate will incorporate comments from the 50% design submittal. At the
completion of final PS&E, we will provide the City with two (2) copies of the design notebook, wet -
stamped by the Project Manager. The design notebook will include engineer calculations and notes,
quantity calculations and pertinent correspondence.
Assumptions & Exclusions
1. No traffic studies or analysis, including stop sign and signal warrants are included in the scope of
this proposal. The City will provide all traffic studies and analysis including such studied required by
Caltrans for the encroachment permit.
2. SWPPP will be prepared by the Contractor.
Harris & Associates.
Page12
HARRIS & ASSOCIATES
City of National 8th Street Smart Growth
Fee Proposal
Hams & Associates
Sub- Consultants
Task/Subtask
Javier S.
$200
Ehab G.
$190
Ali, Mark &
Randall
$169
DE
$125
TECH
$90
KTU ' A
Mike S.
$165
KTU+A
John T.
$135
KTU+A
Jenny A.
$115
K'1 U+A
CAD
/Graphic
$105
Sub -Consult.
Subtotals
Phase I Review of Exist Conce t Dwsi • n
10.
14
138
$17,450
1.1 Architectural Landscaping Theming
1.2 Civil Improvements
2
4
8
$2,056
1.3 Public Presentations & Meetings
6
3
6
8
5
5
$4,817
Subtotal Hours =
0
8
7
8
0
6
18
19
143
209
Subtotal ($)-
$0
$1,520
$1,183
$1,000
$0
$990
$2,430
$2,185
$15,015
SO
$24,323
Phase II Pre , aration of Coast. Doc.
Task 1.0 Pro'ect Mama ement
I
16
32
2
8
6
$10,748
1.1 Progress & Review Meetings
1.2 Topographic Survey
4
4
$ 25,053
$25,973
1.3 Base Mapping
60
$5,400
1.4 Data Gathering and Site Visits
4
16
24
2
5
15
$7,566
15 Utility Coordination
24
16
16
$7,496
1.6 Gcotechnical Investigation
$ 10,868
$10,868
1.7 Utility Potholing
$ 9,500
$9,500
1.8 Caltrans Encroachment Permit
5
40
24
$9,870
1.9 WQMP
24
40
16
$10,496
Subtotal flours=
1
21
124
76
140
4
13
21
4
362
Subtotal ($) =
$200
$3,990
$20,956
$9,500
$12,600
$660
$1,755
$2,415
$420
$45,421
$97,917
Task 2.0 Prelimina Desi 75%Submittal
25
38
120
155
$39,330
2.1.1 Preliminary Land. Arch. Plans
2.1.2 Preliminary Civil Plans
2
2
32
40
80
$18,388
2.1.3 Preliminary Drainage Imp. Plans
4
8
16
$3,116
2.1.4 Preliminary Street Lighting Plans
$18,245
$18,245
2.1.5 Preliminary Signing and Striping Plans
8
16
24
$5,512
2.1.6 Preliminary Traffic Signal Plan
12
24
$5,028
2.1.7 Preliminary TCP Plans
8
16
$2,792
2.2 Preliminary Specifications
8
32
$6,928
2.3 Preliminary Probable Construction Cost Estimate
8
24
I
2
4
10
$6,297
Subtotal Hours =
2
10
104
112
136
26
40
124
165
364
Subtotal ($)=
$400
$1,900
$17,576
$14,000
$12,240
$4,290
$5,400
$14,260
$17,325
$18,245
$105636
Task 3.0 Final Plans, S , ecifications, and Estimate
5
18
24
200
$27,015
3.1 Final Land. Arch. Plans
3.2 Final Civil Plans
1
2
24
40
42
$13,416
3.3 Final Drainage hnp. Plans
I
4
6
8
$2,346
3.4 Final Street Lighting Plans
1
$10,000
$10,200
3.5 Final Signing and Striping Plans
1
1
6
8
12
$3,484
3.6 Final Traffic Signal Plan
6
12
$2,514
3.7 Final TCP Plans
6
12
$2,094
3.8 Final Specifications & Estimate
2
16
2
2
2
20
$6,014
Subtotal Hours =
4
5
62
66
74
7
20
26
220
211
Subtotal($)=
$800
$950
$10,478
$8,250
$6,660
$1,155
$2,700
$2,990
$23,100
S10,000
$67,083
Total Hours by Classification =
7
44
297
262
350
43
91
190
532
960
Total ($) by Classification
$1,400
$8,360
$50,193
$32,750
$31,500
$7,450
$12,899
$22,943
$58,653
$73,666
Percentage of Time Allocated (by hours) -
1%
5%
31%
27%
36%
3299,814
Project Schedule
Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Theming and Public
Outreach
Preliminary
Design:
Studies &
Reports
Preliminary Design: Fast Track MTS & Caltrans Permits
Processing
Prelim.
Layout &
Approval
Preliminary PS&E
Final PS&E
Paving the Way to the Heart of National City
ACORD,. CERTIFICATE
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DATE(MM/OD/YY)
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Harris & Associates Inc.
Attn: Susan Mandilag
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LIMITS
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GENERAL LIABILITY
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EACH OCCURRENCE
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FIRE DAMAGE (Any one fire)
$ 1, 000, 000
CLAIMS MADE X OCCUR
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$2,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:
PRODUCTS-COMP/OP AGG
$ 2 , 000, 000
POLICY X JPRECTO- LOC
B
AUTOMOBILE LIABILITY
57UENUL6878
08/01/09
08/01/10
COMBINED SINGLE LIMIT
$ 1,000,000
X
ANY AUTO
(Ea accident)
I
ALL OWNED AUTOS
BODILY INJURY
�_
SCHEDULED AUTOS
(Per person)
BODILY INJURY
$
I X
HIRED AUTOS
X
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
$
1
AUTO ONLY: AGG
$
C
EXCESS LIABILITY
BE19210578
08/01/09
08/01/10
EACH OCCURRENCE
$ 1,000,000
'- I OCCUR CLAIMS MADE
AGGREGATE
$ 1,000,000
Pol. #AR6460401: *
$
DEDUCTIBLE
Each Occurrence
$10,000,000
RETENTION $
Aggregate
$ 10,000,000
D
WORKERS COMPENSATION AND
PSUB8166N36A09
08/01/09
08/01/10
X STATU-
TORY IMITS �.OTH-
ER
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
1000000
$ , ,
E.L. DISEASE EA EMPLOYEE
$ 1,000,000
E.L. DISEASE- POLICY LIMIT
$ 1,000,000
E
OTHER
Professional Liability
AEA113822501
08/01/09
08/01/10
a10, 000, OOOA
5,000,000/claim; g
Aggregate $10,000,000
Ded. each claim $150,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
• Excess Liab Pol #AR6460401, Colony National Insurance Co., Effective 08/01/09-10.
General & Auto Liability Additional Insured status granted, if required by written contract/agreement, per attached
forms ASC0010 0198 & HA9913 0187.
RE: 8th Street Corridor Smart Growth Revitalization Project (HA #0820816)
CERTIFICATE HOLDER
082-0816
City of National City
c/o Maryam Babaki, PE
Engineering Department
1243 National City Blvd.
National City, CA 91950
ADDITIONAL INSURED; INSURER LETTER:
USA
CANCELLATION Ten Day Notice for Non -Payment of Premium
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
OATE THEREOF, THE ISSUING INSURER WILL 1314Y4,1grelPEY4MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, B(Q[7F74X11N5X767Dm7667NC4NISKX
maxisuousaamotancrastaxxcaluvraxximucouvanaxxxxsouutvorrazatramx
XAWt'gJEj07Eg,XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXxxXXXXX
AUTHORIZED REPRESENTATIVE
ACORD 25-S (7/97) smandilag
14457488
Certificate Delivery by CertificatesNow - www.ConfirmNeL com - 877.669.8600
OACORD CORPORATION 1988
POLICY #: 7180096900003 EFFECTIVE: 8/1/2009
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART and GL CONTRACTORS
EXTENDER FORM VCG 206 02 05
a. COMMERCIAL GENERAL LIABILITY COVERAGE FROM CG 00 01 12 04 is amended by the following wording.
b. GL CONTRACTORS EXTENDER paragraph 1. ADDITIONAL INSURED — REQUIRED IN CONTRACT,
AGREEMENT OR PERMIT is deleted and replaced by the following wording.
WHO IS AN INSURED -- (Section II) is
amended to include as an additional insured
any person or organization you are required to
add as an additional insured under this policy
in a written contract or written agreement in
effect during this policy period and signed and
executed by you prior to the loss for which
coverage is sought. The person or
organization does not qualify as an additional
insured with respect to the independent acts or
omissions of such person or organization. The
person or organization is only an additional
insured with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused by "your work"
performed under the written contract or written
agreement.
2. The insurance provided to the additional
insured is limited as follows:
a) This endorsement shall not increase
the limits stated in Section III —
LIMITS OF INSURANCE.
b) The insurance provided to the
additional insured does not apply to
"bodily injury", "property damage",
or "personal and advertising injury"
arising out of an architect's,
engineer's or surveyor's rendering of
or failure to render any professional
services including:
I. The preparing, approving or
failing to prepare or approve
maps, shop drawings,
opinions, reports, surveys,
field orders, change orders,
or drawings and
specifications: and
II. Supervisory or inspection
activities performed as part
of any related architectural
or engineering activities.
c) This insurance does not apply to
"bodily injury: or "property damage"
caused by "your work" included in
the "products -completed operations
hazard" unless you are required to
provide such coverage for the
additional insured by a written
contract or written agreement in effect
during this policy period and signed
and executed by you prior to the loss
for which coverage is sought.
3. Subpart (l)(a) of the Pollution exclusion
(Section I — Coverages, part 2. f of the
Commercial General Liability Coverage form)
does not apply to you if the "bodily injury" or
"property damage" arises out of "your work"
performed on premises which are owned or
rented by the additional insured at the time
"your work" is performed.
4. Any coverage provided by this endorsement to
an additional insured shall be excess over any
other valid and collectible insurance available
to the additional insured whether primary,
excess, contingent or on any other basis unless
a written contract or written agreement in
effect during this policy period and signed and
executed by you prior to the loss for which
coverage is sought specifically requires that
this insurance apply on a primary or non-
contributory basis.
5. As a condition of coverage, each additional
insured must:
a) Give us prompt written notice of any
"occurrence" or offense which may
result in a claim and prompt written
notice of "suit".
b) Immediately forward all legal papers
to us, cooperate in the defense of any
actions, and otherwise comply with
policy conditions.
ASC 00 10 01 98 Page 1 of 1
Excerpts from: OneBeacon Form VCG 206 02 05
@VANTAGE FOR GENERAL LIABILITY - CONTRACTORS
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Policy Number: 7180096900003
Insurer: OneBeacon America Insurance Co.
Policy Period: August 1, 2009 to August 1, 2010
5. BLANKET WAIVER OF SUBROGATION
Section IV - Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following:
We will waive any right of recovery we may have against any person or organization because of payments
we make for injury or damage arising out of your ongoing operations done under a written contract or
agreement with that person or organization and included in "your work" or the "products -completed
operations hazard". This waiver applies only to persons or organizations with whom you have a written
contract, executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of
recovery.
Page 1 of 1
•
POLICY NUMBER: 57UENUL6878
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED AND
RIGHTS OF RECOVERY AGAINST OTHERS
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. Any person or organization whom you are required by contract to name as additional insured 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 of Section II - LIABILITY COVERAGE.
B. For any person or organization for whom you are required by contract to provide a waiver of subrogation,
the Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable.
Form HA 99 13 01 87 Printed in U.S.A.
Excerpts from: Form CA0001 1001
BUSINESS AUTO COVERAGE FORM
Policy Number: 57UENUL6878
Insurer: Hartford Fire Insurance Company
Policy Period: August 1, 2009 to August 1, 2010
5. Other Insurance
a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any
covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any
other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to
another vehicle, the Liability Coverage this Coverage Form provides for the "trailer" is:
(1) Excess while it is connected to a motor vehicle you do not own.
(2) Primary while it is connected to a covered "auto" you own.
b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is
deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or
borrowed with a driver is not a covered "auto".
c. Regardless of the provision of Paragraph a. above, this Coverage Form's Liability Coverage is
primary for any liability assumed under an "insured contract".
d. When this Coverage Form and any other Coverage Form or policy covers on the same basis,
either excess or primary, we will pay only our share. Our share is the proportion that the Limit of
Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and
policies covering on the same basis.
Page 1 of 1
TRAVELERS]
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 (00) - 001
POLICY NUMBER: (PSUB-8166N36-A-09)
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 2 . % of the California workers' compensation pre-
mium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
ANY PERSON OR ORGANIZATION
FOR WHICH THE INSURED HAS
COMPLETED A WRITTEN
AGREEMENT TO PROVIDE THIS
WAIVER.
DATE OF ISSUE: 08-03-09
ST ASSIGN:
RESOLUTION NO. 2010 — 28
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
HARRIS & ASSOCIATES, INC., FOR A NOT -TO -EXCEED AMOUNT
OF $299,814 TO PROVIDE CIVIL ENGINEERING SERVICES FOR THE
NATIONAL CITY 8TH STREET SMART GROWTH REVITALIZATION PROJECT
WHEREAS, the City desires to employ a consultant to provide Civil Engineering
Services for the National City 8th Street Smart Growth Revitalization Project; and
WHEREAS, the City has determined that Harris & Associates, Inc., is qualified
by experience and ability to perform the services desired by the City, and Harris & Associates,
Inc., is willing to perform such services for the not -to -exceed amount of $299,814.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an agreement with Harris & Associates,
Inc., in the not -to -exceed amount of $299,814 to provide Civil Engineering Services for the
National City 8th Street Smart Growth Revitalization Project. Said Agreement in on file in the
office of the City Clerk.
PASSED and ADOPTED this 2nd day of March, 2010.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on March 2,
2010 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
'tetj
I k of the City of N
City C ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-28 of the City of National City, California, passed and adopted
by the Council of said City on March 2, 2010.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
c.ao\o-C,
MEETING DATE: March 2, 2010
AGENDA ITEM NO. 9
.TEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute an
agreement with Harris & Associates, Inc. for a not to exceed amount of $299,814 to provide Civil
Engineering Services for the National City 8th Street Smart Growth Revitalization project (funded by
City Tax Increment Fund)
PREPARED BY: Stephen Manganiello, Traffic Engineere DEPARTMENT:
PHONE: 619-336-4382 APPROVED BY:
EXPLANATION:
See attached.
FINANCIAL STATEMENT:
ACCOUNT NO. 511-409-500-598-3918
$200,000 for FY 09/10
$99,814 for FY 10/11
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
X
Finance
MIS
STAFF RECOMMENDATION:
Adopt the sOution
BOARPlTOOMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Explanation
2. Resolution
3. Agreement
e\cc',;0\,UN10N raoko - as
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
March 10, 2010
Mr. Ehab Gerges
Harris & Associates, Inc.
750 B Street, Suite 1800
San Diego, CA 92101
Dear Mr. Gerges,
On March 2nd, 2010, Resolution No. 2010-28 was passed and adopted by the
City Council of the City of National City, authorizing execution of an agreement
with Harris & Associates, Inc.
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: Engineering Department
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
HARRIS & ASSOCIATES
THIS AGREEMENT is entered into this 5th day of October, 2010, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Harris &
Associates, (the CONSULTANT).
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call
general engineering services, construction inspections and project management services for
the City's Capitol Improvements projects.
WHEREAS, the CITY has determined that the CONSULTANT is a project
management firm and is qualified by experience and ability to perform the services desired by
the CITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage
the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter
set forth in accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services required hereunder will be
performed directly by the CONSULTANT or under direct supervision of the CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT will perform services on an
on -call basis. The scope of work will be defined for each project in accords with the attached
fee schedule (Exhibit A).
The CONSULTANT shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY.
The CITY may unilaterally, or upon request from the CONSULTANT, from time to time
reduce or increase the Scope of Services to be performed by the CONSULTANT under this
Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services, not to exceed a factor of 25% from the
base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Barbara Tipton hereby is designated as the Project Coordinator for the CITY
and will monitor the progress and execution of this Agreement. The CONSULTANT shall
assign a single Project Director to provide supervision and have overall responsibility for the
progress and execution of this Agreement for the CONSULTANT. Ehab Gerges thereby is
designated as the Project Director for the CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on actual work requested and performed, not -to -exceed
$100,000.00. Monthly invoices will be processed for payment and remitted within thirty (30)
days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as
determined by the CITY. The CONSULTANT shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs incurred and
shall make such materials available at its office at all reasonable times during the term of this
Agreement and for three (3) years from the date of final payment under this Agreement, for
inspection by the CITY and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City shall decide any and all
questions which may arise as to the quality or acceptability of the services performed and the
manner of performance, the acceptable completion of this Agreement and the amount of
compensation due. In the event the CONSULTANT and the City cannot agree to the quality or
acceptability of the work, the manner of performance and/or the compensation payable to the
CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written
notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a
report which supports their position and file the same with the other party. The City shall, with
reasonable diligence, determine the quality or acceptability of the work, the manner of
performance and/or the compensation payable to the CONSULTANT.
6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed
agreement from the CITY and terminates on October 6, 2012. With mutual agreement of
parties, contract may be extended for period of one (1) year.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONSULTANT for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY upon completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY and CONSULTANT. thereby expressly waives and disclaims, any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications or other work
prepared under this agreement, except upon the CITY's prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall,
upon request of the CITY, execute any further document(s) necessary to further effectuate this
waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's
written work product for the CITY's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14
2
Citys Standard Agreement — June 2008 revision
but only with respect to the effect of the modification or reuse by the CITY, or for any liability to
the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. INDEPENDENT CONSULTANT. Both parties hereto in the performance
of this Agreement will be acting in an independent capacity and not as agents, employees,
partners or joint venturers with one another. Neither the CONSULTANT nor the
CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights,
benefits, or privileges of the CITY's employees, including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional
reputation and competence of the CONSULTANT and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONSULTANT without the prior written consent
of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from
employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT
may deem necessary for the proper and efficient performance of this Agreement. All
agreements by CONSULTANT with its SUBCONSULTANT(s) shall require the
subCONSULTANT to adhere to the applicable terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents or employees shall
have any control over the conduct of the CONSULTANT or any of the CONSULTANT's
employees except as herein set forth, and the CONSULTANT expressly agrees not to
represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are
in any manner agents, servants or employees of the CITY, it being understood that the
CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent
CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are
prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT, and each
of its subCONSULTANTs, shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONSULTANT represents and covenants
that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONSULTANT'S trade or profession currently practicing under
similar conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
3
City's Standard Agreement — June 2008 revision
B. Unless disclosed in writing prior to the date of this agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONSULTANT's professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONSULTANT has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all
products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONSULTANT agrees
to post in conspicuous places available to employees and applicants for employment any
notices provided by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to
be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any
part of the information that (i) has been disclosed in publicly available sources of information; (ii)
is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a
third party, but only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
4
City's Standard Agreement — June 2008 revision
15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to, or death
of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable
attorneys' fees, and defense costs, of any kind or nature, including workers' compensation
claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's
negligent performance of this Agreement.
16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall
purchase and maintain, and shall require its SUBCONSULTANTS, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance policies:
® A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of $1,000,000
per occurrencel$2,000,000 aggregate, covering all bodily injury and property damage arising
out of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided
prior to commencement of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager. In the event coverage is provided by non -admitted
5
City's Standard Agreement — June 2008 revision
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
K. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of
the representations and warranties on the part of the other party arising out of this Agreement,
then in that event, the prevailing party in such action or dispute, whether by final judgment or
out -of -court settlement, shall be entitled to have and recover of and from the other party all
costs and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attomey's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attomey's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The
costs of mediation shall be borne equally by the parties. Any controversy or claim arising out
of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties
to the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
20. TERMINATION. A. This Agreement may be terminated with or without
cause by the CITY. Termination without cause shall be effective only upon 60-day's written
notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all
services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as airected by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
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
6
City's Standard Agreement — June 2008 revision
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective
date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of
said written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a
reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONSULTANT.
21. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight
mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if
the address is outside the State of California) after the date of deposit in a post office, mailbox,
mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
To CITY:
To CONSULTANT:
City of National City
Maryam Babaki, Director of Development Services
1243 National City Blvd
National City, CA 91950
Harris & Associates
Attn: Ehab Gerges, PE
750 B Street, Suite 1800
San Diego, CA 92101
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at
all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official
7
City's Standard Agreement - June 2008 revision
position to influence in any way any matter coming before the CITY in which the CONSULTANT
has a financial interest as defined in Government Code Section 87103. The CONSULTANT
represents that it has no knowledge of any financial interests that would require it to disqualify
itself from any matter on which it might perform services for the CITY.
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONSULTANT.
23. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one
and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between
the parties as to the subject matter hereof. No subsequent agreement, representation, or
promise made by either party hereto, or by or to an employee, officer, agent or representative
of any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and
shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation
and negotiation of this Agreement, (iii) each such party has consulted with or has had the
opportunity to consult with its own, independent counsel and such other professional advisors
as such party has deemed appropriate, relative to any and all matters contemplated under this
8
City's Standard Agreement June 2008 revision
Agreement, (iv) each party and such party's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
By:
Ron Morrison, Ma 1j or
O t D TO FORM:
audia G
City Attorney
HARRIS & ASSOCIATES
(Corporation — signatures of two corporate officers)
(Partnership— oge signal}lre)
(Sole proprietors -done signature)
By:
(Name)
By:
9
eS
(Print)
(Title)
(N
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ime)
e'aAtJi CHtVnADrAS
(Print)
ACLI:Ya r I1-01}.,4vt ' )tct tin �t ad,.. l
(Title)
City's Standard Agreement - June 2008 revision
EXHIBIT "A"
II
Harris & Associates
RANGE OF HOURLY RATES:
ALL EMPLOYEES
Effective January 1 - December 31, 2010
ENGINEERING DESIGN AND
MUNICIPAL SERVICES GROUPS HOURLY RATE
Project Directors $190-290
Project Managers 150-270
Project Engineers 125-250
Technical Support 75-150
Administration 65-130
CONSTRUCTION / PROGRAM MANAGEMENT HOURLY RATE
Project Directors $190-290
Project Managers 150-270
Construction Managers 125-220
Resident Engineers 150-220
Construction Engineers 110-220
Scheduling Engineers 110-190
Cost Engineers 110-220
Inspectors # 100-220
Technicians 90-160
Administration 65-130
`Notes: Rates are subject to adjustment due to promotions during the effective period of this schedule. A new
rate schedule will become effective January 1, 2011 and on the 1st of January every year thereafter. Unless
otherwise indicated in the cost proposal, hourly rates include most direct costs such as travel, equipment,
computers, communications and reproduction (except large quantities such as construction documents for
bidding purposes).
It Inspectors working in the State of California are subject to the Prevailing Wage Rates established for that
area.
ACORD" CERTIFICATE
OF LIABILITY INSURANCE
DATE(MM/DD/YY)
09/28/2010
PRODUCER 0757776
HUB International Insurance
P.O. Box 4047
Concord, CA 94524
Services
1-800-877-4560
Inc.
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
Harris & Associates Inc.
Attn: Susan Mandilag
1401 Willow Pass Road, Suite
Concord, CA 94520
500
INSURER A:OneBeacon America Insurance CO.
INSURER B. Wausau Underwriters Insurance Company
INSURER C:Colony National Insurance Company
INSURER D:Travelers Property Casualty Co of Amer.
INSURER : Continental Casualty Company
COVERAGES
THE
ANY
MAY
POLICIES.
INSR
LTRDATE
POLICIES OF INSURANCE LISTED
REQUIREMENT, TERM OR CONDITION
PERTAIN, THE INSURANCE AFFORDED
AGGREGATE LIMITS SHOWN
TYPE OF INSURANCE
BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
(MMIDDIYY) pA (MM/DD/YY)
LIMITS
A
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
7180096900004
08/01/10
08/01/11
EACH OCCURRENCE
$1,000,000
X
FIRE DAMAGE (Any one fire)
$ 1,000,000
CLAIMS MADE X OCCUR
MED EXP (Any one person)
$ 10, 000
X
"X" "C" "U"
PERSONAL&ADV INJURY
GENERAL AGGREGATE
$1,000,000
$2,000,000
X
Separation of Insureds
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$2,000,000
POLICY X PROT- LOC
JEC
B
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
ASJZ91455034010
08/01/10
08/01/11
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
X
BODILY INJURY
(Per person)
$
X
BODILY INJURY
(Per accident)
$
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THANEA ACC
AUTO ONLY. AGG
$
$
C
EXCESS LIABILITY
AR6460401
08/01/10
08/01/11
EACH OCCURRENCE
$10,000,000
X
OCCUR CLAIMS MADE
AGGREGATE $ 10,000,000
DEDUCTIBLE
RETENTION $
$
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
PJUB8166N36A10
08/01/10
08/01/11
XI WCRYSTATuOTH-
ER
TOLIMIT-S ER
E.L. EACH ACCIDENT
$ 1,000,000
El, DISEASE - EA EMPLOYEE
$ 1,000,000
El, DISEASE - POLICY LIMIT
$ 1,000,000
E
OTHER
Professional Liability
AEA113822501
08/01/10
08/01/11
Per Claim: $10,000,000
Aggregate: $15,000,000
Ded. Each Claim: $150,000
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
** Workers Compensation policy excludes monopolistic states ND, OH, WA, WY.
General & Auto Liability Additional Insured status granted, if required by written contract/agreement, per attached
forms ASC0010 0198 & CA2048 0299.
RE: On -call Agreement (HA #1020311)
CERTIFICATE HOLDER
ADDITIONAL INSURED; INSURER LETTER:
CANCELLATION Ten Day Notice for Non -Payment of Premium
102-0311 (Yr 2010-2016)
City of National City
Maryam Babaki
USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL C MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, FKR1FULpR67[IZZIMCNSINSKX
XCIONHUMMUINICIUMMOKX1REIUMMEXEMEIKOOMMNAMERIMSERRIUGAraNNXISKX
X1Ei4XxXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Director of Development Services
1243 National City Blvd.
National City, CA 91950
AUTHORIZED REPRESENTATIVE
hA A[j1
ACORD 25-S (7/97) smandilag
17560190
ACORD CORPORATION 1988
POLICY #: 7180096900004 EFFECTIVE: 08/01/2010
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART and GL CONTRACTORS
EXTENDER FORM VCG 206 02 05
a. COMMERCIAL GENERAL LIABILITY COVERAGE FROM CG 00 01 12 04 is amended by the following wording.
b. GL CONTRACTORS EXTENDER paragraph 1. ADDITIONAL INSURED — REQUIRED IN CONTRACT,
AGREEMENT OR PERMIT is deleted and replaced by the following wording.
1. WHO IS AN INSURED — (Section II) is
amended to include as an additional insured
any person or organization you are required to
add as an additional insured under this policy
in a written contract or written agreement in
effect during this policy period and signed and
executed by you prior to the loss for which
coverage is sought. The person or
organization does not qualify as an additional
insured with respect to the independent acts or
omissions of such person or organization. The
person or organization is only an additional
insured with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused by "your work"
performed under the written contract or written
agreement.
2. The insurance provided to the additional
insured is limited as follows:
a) This endorsement shall not increase
the limits stated in Section III —
LIMITS OF INSURANCE.
b) The insurance provided to the
additional insured does not apply to
"bodily injury", "property damage",
or "personal and advertising injury"
arising out of an architect's,
engineer's or surveyor's rendering of
or failure to render any professional
services including:
I. The preparing, approving or
failing to prepare or approve
maps, shop drawings,
opinions, reports, surveys,
field orders, change orders,
or drawings and
specifications: and
II. Supervisory or inspection
activities performed as part
of any related architectural
or engineering activities.
c) This insurance does not apply to
"bodily injury: or "property damage'
caused by "your work" included in
the "products -completed operations
hazard" unless you are required to
provide such coverage for the
additional insured by a written
contract or written agreement in effect
during this policy period and signed
and executed by you prior to the loss
for which coverage is sought.
3. Subpart (I)(a) of the Pollution exclusion
(Section I — Coverages, part 2. f. of the
Commercial General Liability Coverage form)
does not apply to you if the "bodily injury" or
"property damage" arises out of "your work"
performed on premises which are owned or
rented by the additional insured at the time
"your work" is performed.
4. Any coverage provided by this endorsement to
an additional insured shall be excess over any
other valid and collectible insurance available
to the additional insured whether primary,
excess, contingent or on any other basis unless
a written contract or written agreement in
effect during this policy period and signed and
executed by you prior to the loss for which
coverage is sought specifically requires that
this insurance apply on a primary and/or non-
contributory basis.
5. As a condition of coverage, each additional
insured must:
a) Give us prompt written notice of any
"occurrence" or offense which may
result in a claim and prompt written
notice of `suit".
b) Immediately forward all legal papers
to us, cooperate in the defense of any
actions, and otherwise comply with
policy conditions.
ASC 00 10 01 98 Page 1 of 1
Excerpts from: OneBeacon Form VCG 206 02 05
@VANTAGE FOR GENERAL LIABILITY - CONTRACTORS
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Policy Number: 7180096900004
Insurer: OneBeacon America Insurance Company
Policy Period: August 1, 2010 to August 1, 2011
5. BLANKET WAIVER OF SUBROGATION
Section IV - Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following:
We will waive any right of recovery we may have against any person or organization because of payments
we make for injury or damage arising out of your ongoing operations done under a written contract or
agreement with that person or organization and included in "your work" or the "products -completed
operations hazard". This waiver applies only to persons or organizations with whom you have a written
contract, executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of
recovery.
Page 1 of 1
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 of the 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 Provision
of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
SCHEDULE
Name of Person(s) or Organization(s):
ANY PERSON OR ORGANIZATION WHERE THE NAMED INSURED HAS AGREED BY WRITTEN
CONTRACT TO INCLUDE SUCH PERSON OR ORGANIZATION AS A DESIGNATED INSURED.
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 II of
the Coverage Form.
This endorsement is executed by the Wausau Underwriters Insurance Company
Premium $
liffective Date
08/01/2010
For attachment to Policy No.
Audit Basis
Issued To
Expiration Dare 08/01/201 1
ASJZ91455034010
I larris & Associates Inc.
Countersigned by
St-CRFTAItY • 1 PRIiS1DICNT
Aurhorized Representative
CA 20480299 Copyright, Insurance Services Office, Inc., 1996
Excerpts from: Liberty Mutual form AC 84 07 05 09
Liberty EXPRESS SM Auto Enhancement Endorsement
BUSINESS AUTO COVERAGE FORM
Policy Number: ASJZ91455034010
Insurer: Wausau Underwriters Insurance Company
Policy Period: August 1, 2010 to August 1, 2011
XXIV - WAIVER OF SUBROGATION
Paragraph A.5. in SECTION IV — BUSINESS AUTO CONDITIONS does not apply to any person
or organization where the Named Insured has agreed, by written contract executed prior to the
date of accident, to waive rights of recovery against such person or organization.
Page 1 of 1
Excerpts from: Form CA0001 0306
BUSINESS AUTO COVERAGE FORM
Policy Number: ASJZ91455034010
Insurer: Wausau Underwriters Insurance Company
Policy Period: August 1, 2010 to August 1, 2011
5. Other Insurance
a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any
covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any
other collectible insurance. However, while a covered "auto" which is a "trailer' is connected to
another vehicle, the Liability Coverage this Coverage Form provides for the "trailer" is:
(1) Excess while it is connected to a motor vehicle you do not own.
(2) Primary while it is connected to a covered "auto" you own.
b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is
deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or
borrowed with a driver is not a covered "auto".
c. Regardless of the provision of Paragraph a. above, this Coverage Form's Liability Coverage is
primary for any liability assumed under an "insured contract".
d. When this Coverage Form and any other Coverage Form or policy covers on the same basis,
either excess or primary, we will pay only our share. Our share is the proportion that the Limit of
Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and
policies covering on the same basis.
Page 1 of 1
TRAVELERS)
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 00 03 13 (00)-01
POLICY NUMBER: (PJ-UB-8166N36-A-10)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named In the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
DESIGNATED PERSON:
SCHEDULE
DESIGNATED ORGANIZATION:
e= ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED
HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS
oamilm•
TO FURNISH THIS WAIVER.
00136E
DATE OF ISSUE: 08-02-10
ST ASSIGN:
RESOLUTION NO. 2010 — 226
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
HARRIS & ASSOCIATES FOR A NOT -TO -EXCEED AMOUNT OF $100,000
FOR A TWO-YEAR PERIOD TO PROVIDE ON -CALL GENERAL
ENGINEERING, CONSTRUCTION INSPECTIONS, AND PROJECT
MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
WHEREAS, the City desires to employ a consultant to provide on -call general
engineering, construction inspections, and project management services for various capital
improvement projects; and
WHEREAS, the City has determined that Harris & Associates is qualified by
experience and ability to perform the services desired by the City, and Harris & Associates is
willing to perform such services for the not -to -exceed amount of $100,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an agreement with Harris & Associates for
a two-year period to provide on -call general engineering, construction inspections, and project
management services for various capital improvement projects for the not -to -exceed amount of
$100,000. Said Agreement in on file in the office of the City Clerk.
PASSED and ADOPTED this 5th day of October,
ATTEST:
Michael R. DaII , City Clerk
A'PROVED AS TO FORM:
dia G.ilva
City Attorney
Ron Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on October
5, 2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
27,./.1)
Jerk of the City
City y of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-226 of the City of National City, California, passed and
adopted by the Council of said City on October 5, 2010.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
c,a0o9-t
•EETING DATE: October 5, 2010
AGENDA ITEM NO. 9
ITEM TITLE:
Resolution of the City Council of National City approving a contract agreement between the City and Harris &
Associates for the Not -to -Exceed amount of $100,000 for a two year period to provide on -call general
engineering, construction inspections, and project management services for various Capital Improvement
Projects and authorizing the Mayor to execute the agreement (Various Capital Improvement Project funds)
PREPARED BY: Barby Tiptond:*
PHONE: 4583
EXPLANATION:
See attached
DEPARTMENT: Develop
APPROVED BY:
ngineering
•
FINANCIAL STATEMENT: APPROVED: `--J I'"--� Finance
ACCOUNT NO. APPROVED: MIS
No financial impact at this time. Various Capital Improvement Projects will fund this agreement on an as needed
basis not to exceed $100,000.)
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution
BOARD / COMMISSION RECOMMENDATION:
GTTACHMENTS:
1. Explanaton
2. Agreement
3. Resolution
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iNCORpO NTED
October 12, 2010
Mr. Ehab Gerges
Harris & Associates
750 B Street, Suite 1800
San Diego, CA 92101
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
Dear Mr. Gerges,
On October 5th, 2010, Resolution No. 2010-226 was
City Council of the City of National City, authorizing
with Harris & Associates.
We are enclosing for your records a certified copy of
fully executed original Agreement.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosures
cc: Engineering Department
passed and adopted by the
execution of an Agreement
the above Resolution and a