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HomeMy WebLinkAbout2010 CON RBF Consulting - 8th St Traffice Safety Enhancements ProjectAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RBF CONSULTING THIS AGREEMENT is entered into this 20th day of July, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and RBF CONSULTING, a Corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Civil Engineering Services for the National City 8th Street Safety Enhancements (J Avenue to Palm Avenue) 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. Tim Thiele, 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. 2 City's Standard Agreement - June 200E 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 3 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. 4 City's 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 purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. 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 5 City's 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. 6 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 Tim Thiele, P.E. Senior Asociate, Project Manager RBF Consulting 5050 Avenida Encinas, Suite 260 Carlsbad, CA 92008 7 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. 8 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. 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 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 TIONAL CITY By: n Morrison, Mayor PROVE I AS TO FORM: au + is . . ilva, Esq. Acting Cm J Attorney 9 RBF CONSULTING By: a "4/s-2-- Richard A. Rubin Executive Vice President By: Douglas Frost Executi Vice President & CFO City's Standard Agreement — June 2008 revision RBF Consulting Contract Agreement for Job Number 55-100683.999 ATTACHMENT "A" RBF Consulting Scope of Services Page 1 of 6 June 17. 2010 Task 1 — Project Management and Coordination Project team meetings will be held on an as -needed basis at National City offices. The RBF Team will provide a schedule of weekly meetings at the project kick-off meeting. The RBF Team will be responsible for notifying key project team members and scheduling meetings and conference calls. In advance of the scheduled meetings, the RBF will distribute agendas, meeting minutes, progress reports, schedule updates and action items. To keep the project on track, RBF will maintain a decision and action item list that will be reviewed at the beginning of each team meeting. The RBF project manager will coordinate regularly with the City's project manager on schedule and budget updates. Issues and decisions that will affect the budget will be discussed prior to the monthly billings or as the need arises. Information regarding schedule updates will be distributed to the project team via email prior to each of the scheduled Project Team Meetings. Task 2 — Existing Conditions Documentation RBF shall develop a comprehensive understanding of the physical and mobility conditions along 8th Street from J Avenue to Palm Avenue. 2.1 Field Investigation RBF will conduct a thorough field investigation for the roadway conditions, pedestrian access and facilities, traffic operations, bicycle uses and transit routes. RBF will conduct utility research to obtain records for storm drain, sewer, water, gas, electric, telephone, and cable television. RBF will also obtain records for existing streets and as -built plans provided by the City. In obtaining this information, RBF will coordinate with the City of National City, County of San Diego, Sweetwater Authority, SDG&E, AT&T, and Cox. Results of the field investigation will be integrated into a CADD base map that will be used by the project team to develop conceptual and final design plans. 2.2 Traffic Engineering Data Collection and Field Review RBF will request from National City staff, the as -built traffic signing and striping plans for 8th Street from J Avenue to Palm Avenue. The plans will be field reviewed to confirm all existing conditions. Included in the field review will be verification of existing geometry, existing signing and striping, possible location of new traffic signal equipment, and any potential utility conflicts. RBF Consulting will coordinate with SDG&E regarding the potential relocation of any existing service points and/or the establishment of the new service for the proposed traffic signal at 8th Street and L Avenue or M Avenue. National City will provide ADT's and turning movement volumes for the corridor. Task 3 — Caltrans (DLEA) Funding Applications (Federal Authorization) RBF will prepare documentation on behalf of the City for processing by the City to obtain Federal Authorization to advertise for bidding and construction. RBF plans to compile all necessary forms in a binder that will be passed between the Consultant, the City, and RBF Consulting Contract Agreement for Job Number 55-100683.999 Page 2 of 6 June 17. 2010 Caltrans throughout the design process. This is necessary because different portions of the forms must be completed at different stages of the design process. Task 4 — Utility Coordination PCG shall provide professional dry utility system (gas, electric, telephone, cable television, fiber optic, and lighting) engineering, design, consulting, and coordination services for utilities affected by construction. RBF and PGC will attend two (2) coordination meetings with the utility companies. PCG's responsibilities include: • Analyzing and assessing existing dry utility conditions; • Preparing plans and other documents required to assist the client and design team in understanding design and economic options; • Preparing and submitting plans and other documents required by local utility companies; and assisting in design team with the preparation of project reports. Task 5 - Surveys and Mapping RBF will conduct research with the County of San Diego to assemble existing right-of- way plans and survey records. Record maps will be organized for retrieval purposes and CADD calculations completed to identify record parcel limits and search locations for controlling survey monuments. As part of this task, data will be collected to establish the vertical location from as -built drawings of existing utilities along the corridor. A survey crew may be utilized to obtain miscellaneous utility information such as invert elevations. RBF will perform field surveys on 8th Street, between J Avenue and Palm Avenue, which will include the following: • Establish horizontal and vertical control using appropriate benchmarks. • Obtain information for edge conditions at limits of work where new improvements will meet existing. • Obtain miscellaneous utility information such as invert elevations, pole locations and locations of other surface facilities within the project footprint. • Cross -sections at twenty-five foot intervals where new medians are proposed. A potholing sub -consultant may be used as an optional task to identify the vertical location of existing gas lines, dry utilities, sewer laterals, and water lines that may be affected by the proposed improvements. Task 6 - Geotechnical Investigation 6.1 Information Review Allied Geotechnical (AGE) will review readily available information, including preliminary project design information, published geologic literature and maps, as -built utility maps, pertinent geotechnical reports prepared by others (if available), and topographic maps. 6.2 Engineering Analysis and Report Preparation AGE will analyze the field data, and prepare a written report to present a summary of our findings, including our opinions and recommendations to address surface slope stabilization from K Avenue to M Avenue. RBF Consulting Contract Agreement for Job Number 55-100683.999 Page 3 of 6 June 17, 2010 Task 7 - Environmental Documentation The environmental services will include the preparation of the NEPA technical studies, environmental project coordination, permits and necessary approvals. Details of the work plan are as follows: 7.1 - Preliminary Environmental Study (PES) In accordance with current Caltrans Guidelines, RBF will prepare a PES for the project in support of the engineering and design services to be provided by the consultant project engineer. RBF will meet with City staff, the consultant project engineer, and Caltrans to define the project description and schedule and to develop a mutual understanding of the issues and impacts of the project. During this task, RBF will review existing information and participate in a field review of the project site with the consultant project engineer, the City, and Caltrans. RBF will prepare a draft PES form (using the standard Caltrans form) prior to the site meeting with the consultant project engineer, the City, and Caltrans. The draft PES will be reviewed and revised, if necessary, per discussions at the field meeting. Then, the PES will be submitted to Caltrans for signature and distribution to the project team. RBF's technical staff will attend one field meeting (site visit) as required by Caltrans to discuss possible environmental issues with staff. 7.2 - NEPA Environmental Documentation Based upon the RBF team's current project understanding, review of available project information and a visit to the project site, the following technical approach shall be completed following standard City, FHWA, and Caltrans environmental procedures. RBF will manage project duties for the environmental review component and will provide a suite of disciplines to effectively coordinate and communicate, leading to project approval. Within this task, RBF will do the following: 1. Prepare and maintain the environmental quality control plan 2. Prepare monthly project documentation and invoicing 3. Prepare and maintain the project schedule for environmental approval RBF environmental staff will prepare for and attend monthly Project Team meetings with the City of National City and Caltrans regarding environmental processing of documents, resolution of issues and strategy development. RBF will coordinate with appropriate agencies through an agency scoping meeting and direct contact. Concerns and issues expressed by agency representatives will be documented in a database to ensure that expressed concerns are recorded, communicated to the full Project Team, and addressed. The following agencies are likely to be among those included in the coordination effort: City of National City, Caltrans, San Diego Air Pollution Control District (SDAPCD), and the Regional Water Quality Control Board (RWQCB). RBF Consulting Contract Agreement for Job Number 55-100683.999 Page 4 of 6 June 17. 2010 Technical Considerations and Studies 7.2.1 - Traffic — RBF Traffic Engineer will analyze one alternative for the project, the three lane alternative for the corridor provided by the City on June 9, 2010. RBF also will evaluate traffic related impacts associated with potential traffic control plans that affect roadway segment or intersection capacity. A traffic memorandum will be developed to summarize the findings from the traffic review. If mitigation measures are needed to offset the impacts, the traffic technical memorandum will identify potential alternatives to managing traffic during construction to minimize impacts. 7.2.2 - Air Quality - RBF will conduct an air quality analysis to satisfy NEPA, state and federal environmental requirements, and conformity provisions of the Clean Air Act Amendments (CAAA). The Air Quality Report shall be prepared in accordance with the latest following protocols/guidelines: Caltrans Transportation Project -Level Carbon Monoxide Protocol, FHWA/EPA Transportation Conformity Guidance for Qualitative Hot -spot Analysis in PM2.5 and PM10 Nonattainment and Maintenance Areas, FHWA Interim Guidance on Air Toxic Analysis in NEPA Documents, and Caltrans' policy on greenhouse gas emissions. 7.2.3 - Hazardous Materials ! Initial Site Checklist - RBF will prepare an Initial Site Checklist for the areas within the right-of-way for the proposed 8th Street Safety Enhancement Project. The Checklist will be prepared in accordance with the American Society for Testing and Materials (ASTM) Standard Practice E 1527-05. 7.3 - Environmental Approval / Clearance Draft Preliminary Environmental Evaluation - Working in consultation with the relevant agencies, RBF will prepare a draft statement of NEPA purpose and need, project description, and the Project Objectives. The establishment of purpose and need along with the project description are critical to the success of the project. This scope of work is based upon a no -build and one -build altemative. RBF will prepare the Categorical Exclusion (CE) per Caltrans and FHWA guidelines; its format will be determined in discussions with the agencies. Screencheck Draft Environmental Document - RBF will incorporate the purpose and need/project description from prior task(s) and the technical studies into the screencheck document. RBF will provide the Screencheck CE to agencies for review and comment. Preparation of Legal Documents - RBF will prepare the Record Public and Agency Involvement, Responses to Comments, Mitigation Monitoring Program/Environmental Commitments Record, and Final Administrative Record. RBF Consulting Contract Agreement for Job Number 55-100683.999 Page 5 of 6 June 17, 2010 The final steps in the NEPA process are dependent on Caltrans/FHWA procedures and any agreements with the cooperating agencies. The most likely outcome is the preparation of a Categorical Exclusion. If it is determined that the project does not qualify as a Categorical Exclusion, a revised scope and fee will be prepared. Task 8 - Engineer's Opinion of Probable Cost RBF will provide an engineer's cost estimate in Microsoft Excel spreadsheet format that will include bid item description, bid unit, bid quantity, unit price, and total price for each bid item. The spreadsheet item description will correspond with the Bid Schedule item description to be used when advertising the project for construction bids. Task 9 - Design Plans 30%, 60%, 90% and100%, Reports 9.1 Development of the 30% Conceptual Designs The results of the existing conditions analysis and the review of existing reports will be used to develop preliminary (30%) design plans. Existing grades, private improvements, signing and striping, retaining wall options and utilities will be considered in the development of the conceptual design plans. 9.2 Street Improvement Plans for 60%, 90% and 100% Further refinement of the 30% street improvement plans will include existing topographic and planimetric mapping, right-of-way lines, roadway centerlines, and calculated geometric layouts. This task includes evaluation of turning movements using the AutoTum program to analyze vehicles. Improvement plans will indicate all proposed surface improvements including, but not limited to curb, gutter, retaining walls, sidewalks, pavement, utility relocations, ADA compliant curb returns and grading. The plans will be prepared at a scale of one inch equals twenty feet (1"=20') with accompanying profiles. Plan sheets will include Title Sheet, Index Map, Typical Cross Section Sheet (with all existing and proposed utilities shown for the widening area), Construction Details Sheet, Demolition and Rough Grading Plans, Street Improvement Plan and Profile Sheets, Signal Plan and Signing & Striping Plans. RBF will prepare Design Cross Section Plans at appropriate stations. The cross sections will show proposed street improvements superimposed with the existing street sections. The design cross -sections will be submitted with the 60% and final submittals. RBF will perform earthwork calculations to determine grading cut/fill quantities. Special attention will be paid to the proposed pavement sections and shrinkage that will occur during compaction. 9.3 Landscape and Irrigation Plans Garbini and Garbini will prepare landscape and irrigation plans to vegetate the medians. Re -planting of disturbed properties on 8th Street between K Avenue and L Avenue may also be necessary after surface slope stabilization. RBF Consulting Contract Agreement for Job Number 55-100683.999 Page 6 of 6 June 17, 2010 9.4 Traffic Signal, Signing & Striping Plans RBF will prepare traffic signal, signing & striping plans for the proposed street improvements within the project area. Traffic signal plans will be prepared at a scale of one inch equals twenty feet (1"=20') and signing and striping plans will be prepared at a scale of one inch equals forty feet (1"=40') and follow the MUTCD and the San Diego Regional Standard Drawings. There is also the opportunity to interconnect the new signal at L Avenue with the existing signal at Palm Avenue to increase the efficiency of traffic flow along 8th Street. 9.5 Erosion Control Plans The RBF Team shall prepare erosion control plans for temporary and permanent erosion control for the project. The Erosion Control Plans shall be prepared in accordance with the Califomia State General Construction Permit Order No. 2009-0009-DWQ (Permit) even though a NOI and SWPPP are not anticipated. Task 10 — Specifications RBF will prepare construction specifications and a project bid schedule, using the City "boilerplate" for the contract documents and general provisions. Specifications will be prepared using the standard specifications for Public Works Construction ("Greenbook"), with special provisions where required. Technical specifications will be prepared for construction of each item of work in the Project. It is anticipated that all of the above mentioned plans will be bid under one construction bid document. Task 11 - Public Outreach RBF shall conduct one (1) meeting with City staff to assist in the creation of a Public Outreach Plan. The Public Outreach Plan will likely include Community Workshops. RBF shall prepare and deliver a presentation at two (2) Community Workshops. RBF shall also prepare exhibits, flyers, handouts, and questionnaires identified during the development of the Public Participation Plan. A summary report of each Community Workshop shall be prepared by RBF for City staff consideration. It is assumed that the City will be responsible for reproduction and distribution of workshop flyers. Individual meeting with property owners is also included in this task with an initial budget of 20 hours. Task 18: Bid and Construction Support RBF shall attend the one pre -bid and one pre -construction meetings. RBF shall prepare a maximum of two (2) addendums needed during the bid phase of the project. RBF shall review field design changes, Requests for Information (RFIs) and construction issues as may arise during construction. RBF shall prepare any construction changes necessary during the construction phase of the project. RBF will attend meetings and perform field visits at the request of the City. This task will be billed on a time and materials basis with an initial budget of 30 hours. Task 19: As -Built Plans RBF will revise the approved grading and improvement mylars for the project, based upon field changes and revisions as provided by the Contractor's Field Superintendent and approved by the City of National City. Plans shall be processed with the City to obtain final site acceptance. 6/17/2010 PBFJN: 55-100683 sr m sr C.O N f15 LJ: LT 1 N G- PROJECT MANAGER 5180 per hour TRAFFIC MANAGER $175 per hour PROJECT ENGINEER 5145 per hour DESIGN ENGINEER 5118 per hour ENVIRONMENTAL MANAGER 5155 per hour ENVIRONMENTAL SPECIALIST 5120 per hour 2-MAN SURVEY CREW 5245 per hour SURVEY/MAP TECHNICHIAN 597 per hour SUBCONSULTANT 0.10%) TOTAL TASK DESCRIPTION Hours $ Hours 5 Hours $ Hours $ Hours $ Hours $ Hours 5 Hours $ $ Hours $ 1.0 Project Management & Coordination 50 $9,000 8 $1,400 14 $2,030 4 $620 76 $13,050 2.0 Existing Conditions Documentation 2.1 Field Investigation 2 $360 4 $580 4 $464 12 $1,440 22 $2,844 2.2 Traffic Engineering Data Collection 2 $350 4 $464 8 5776 14 $1,590 3.0 Caltrans Funding Applications 2 $360 $0 10 $1,450 12 $1.392 24 $3,202 4.0 Utility Coordination 3 $540 SO 6 8870 $3,000 9 $4,410 5.0 Surveys and Mapping 1 $180 8 $1,960 8 $776 $5,830 17 $8,746 6.0 Geotechnical Investigation / Slope Stabilization 2 $232 55,000 2 $5.232 7.0 Environmental Documentation 7.1 Preliminary Environmental Study 1 $180 8 $1,240 30 $3,600 30 $5,020 7.2 NEPA Environmental Documentation 0 $0 Technical Studies - 7.2.1 Traffic 10 $1,750 40 $4,640 50 $6,390 7.2.2 Air Quality Assessment 4 $620 40 $4,800 44 $5,420 7.2.3 Hazardous Materials- Initial Site Checklist 2 $310 10 $1,200 12 $1,510 7.3 Environmental Approval 1 $180 6 $930 16 $1,920 23 $3,030 SUBTOTAL ENVIRONMENTAL 168 $21,370 8.0 Engineers Opinion of Probable Cost 2 $360 1 $175 4 $580 24 $2,784 31 $3,899 9.0 Design Plans 9.1 30% Conceptual Designs 8 $1,440 4 $700 20 $2,900 35 $4,060 67 $9,100 9.2 60%, 90% and 100% Street Improvement Plans 8 $1,440 28 $4,060 52 $6,032 88 $11,532 9.3 Landscape and Irrigation Plans 1 5180 2 $290 4 $464 $20,000 7 $20,934 9.4 Traffic Signal and Traffic Control Plans 1 $180 8 $1,400 52 56,032 61 $7,612 9.5 Erosion Control Plans 1 $180 3 $435 10 $1,160 14 $1,775 10.0 Specifications 8 $1,440 4 $700 22 $3.190 18 $2,088 52 $7,418 11.0 Public Outreach 12 $2,160 20 $3.500 12 $1,740 30 $3,480 74 $10,880 12.0 Bid and Construction Support 4 $720 2 $350 24 $3,480 $0 30 $4,550 13.0 As -Built Plans 1 $180 1 $175 4 $580 24 $2,784 30 $3,719 Reimbursable Expense Allowance $5,000 TOTAL • FINAL ENGINEERING 106 519,080 60 510,500 153 $22,185 311 $36,076 24 $3,720 108 $12,960 8 81,960 16 51,552 $33,830 786 $146,883 h \pdala\55100883sdmnlcwtacfdesgn alt phase 8th street few rev 1 8-17-10.kn Preliminary 8th Street Safety Enhancements Mon 7/12/10 ID Task Name 1 Preliminary 8th Street Safety Enhancements 2 Research & Investigation 3 -- Notice to Proceed 4 Kick-off meeting 5 R- ight of Way & Utility Research 6 Survey 7 Conceptual Design 8 Design Plans 9 ',I Progress Meeting/Field Meeting 10 '. Community Participation 11 Public Meeting 1 12 I Public Meeting 2 13 30% Design Plans 14 Design Plans 15 Preliminary Cost Estimate 16 30% Submittal 17 Monthly Progress Meeting 18 City Review 19 �� U- tility Coordination Meeting 20 City Comments Received 21 M- onthly Progress Meeting 22 � 75% Design Plans (Combined 60% and 901) 23 ; Design Plans - Revisions 24 Drainage Report 25 Cost Estimate, Bid Schedule & Specs 26 75% Submittal - 27 Monthly Progress Meeting 28 -' City Review City Comments Received - 30 Monthly Progress Constructibility Mtg 31 100% Submittal 32 100% PS&E 33 100% Submittal 34 Monthly Progress Meeting 35 1 City Review 36 City Approval 37 Environmental/Caltrans Documentation 38 1 E- nvironmental Documentation Process 391.. Env. Progress Meeting 40 Bld Phase 41 Pre -Bid Meeting 42 Advertise and Bid Phase 43 Contract Award 44 --� I Construction Phase Duration 188 days 11 days Wed 7/21/10 1 day Wed 7/21/10 0 days Wed 7/21/10 1 wk Thu 7/22/1D 1 wk Thu 7/29/10 10 days Thu 8/5/10 2 wks Thu 8/5/10 0 days Wed 8/18/10 32 days Thu 9/16/10 0 days Thu 9/16/10 0 days Mon 11/1/10 46 days Thu 8/19/10 4 wks Thu 8/19/10 2 days Thu 9/16/10 0 days Fri 9/17/10 0 days Fri 9/24/10 4 wks Mon 9/20/10 0 days Fri 10/15/10 1 day Thu 10/21/10 0 days Thu 10/21/10 41 days Fri 10/22/10 4 wks Fri 10/22/10 2 wks Fri 10/22/10 1 wk Fri 11/19/10 0 days Thu 11/25/10 0 days Thu 11/25/10 3 wks Fri 11/26/10 1 day Fri 12/17/10 0 days Fri 12/17/10 25 days Mon 12/20/10 3 wks Mon 12/20/10 0 days Fr 1/7/11 0 days Fri 1/7/11 2 wks Mon 1/10/11 0 days Fri 1/21/11 80 days Mon 9/20/10 16 wks Mon 9/20/10 0 days Tue 11/9/10 55 days Mon 1/24/11 0 days Mon 1/31/11 55 days Mon 1/24/11 0 days Fri 4/8/11 0 days Fri 4/8/11 I'10 'Aug '10 Se_p'10 Oct'10 NovL '10 Dec'10 Jan Feb 11 Mar '11 Apr '11 .. _ StartFinish Predece 4 11 18 25 1 8 15 22 29 5 12 19 ; 26 3 1 10 171 24 31 7 14 J 21 28 i 5 ' 12 , 19 26 2 9 i 16 23 30 _1 6 13 T 20 27 6 13 ! 20 27 ---3 10 11 Wed 7/21/10 Fri 4/8/11 Wed 8/4/10 Wed 7/21/10 Wed 7/21/10 3 7/21 Wed 7/28/10 3 Wed 8/4/10 5 Wed 8/18/10 6 Wed 8/18/10 6 Wed 8/18/10 8 8/18 Mon 11/1/10 Thu 9/16/10 Mori 11/1/10 Thu 10/21/10 Wed 9/15/10 8 Fri 9/17/10 14 Fri 9/17/10 15 Fri 9/24/10 16FS+5 1 Fri 10/15/10 16 Fri 10/15/10 18 Thu 10/21/10 18FS+3 Thu 10/21/10 20 Fri 12/17/10 '� 4 75% Design Plans Thu 11/18/10 21 Thu 11/4/10 21 '. Thu 11/25/10 23 Thu 11/25/10 25 Thu 11/25/10 26 Thu 12/16/10 26 Fri 12/17/10 28 Fri 12/17/10 29 Fri 1/21/11 Fri 1/7/11 30 Fri 1/7/11 32 Fri 1/7/11 33 Fn 1/21/11 34 Fn 1/21/11 35 Fri 1/7/11 Fri 1/7/11 16 ll 11111.11.. Conceptual Design Community Meetings • 9/16 Tue 11/9/10 Fri 4/8/11 Mon 1/31/11 36FS+6 Fri 4/8/11 36 Fri 4/8/11 42 Fri 4/8/11 43 30% Submittal 17 • 9/24 • 11/1 30% Design Plans • 1 /15 10/21 75% Submittal 11/25 �►� 11/25 12/17 100% Submittal 117 National City's Approval • 11/9 co-tri 12,1 55-100683 BF GLIN SULTI NG RBF Task Milestone ♦ Summary ^ City Tasks Page 1 ACORD„ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY) 6/28/2010 PRODUCER Dealey, Renton & Associates P. O. Box 10550 Santa Ana CA 92711-0550 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 Co of Ameri. INSURED RBF Consulting PO Box 57057 Irvine CA 92619-7057 INSURERA:Travelers Property Casualty INsuRERB:Underwriters at Lloyds London INSURERC:Fireman's Fund Insurance Co. INSURER 0, INSURER E: COVERAGES I'RE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAN➢ING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (p7M/DD/YY) POLICY EXPIRATION DATE IMM/DD/YYI LIMITS A GENERALUABILITY COMMERCIAL GENERAL LIABILITY 630500D4092 11/30/2009 11/30/2010 I EACHOCCURHENCE $1,000,000 X FIRE DAMAGE (Any one hrei $1, 000,000 •— CLAIMS MADE X , OCCUR MED EXP (Any one person) $10,000 $1,000,000 X X GENI CONTRACTUAL PERSONAL s ADV INJURY BFPD, XCU GENERAL AGGREGATE $7 nnn. 000 AGGREGATE LIMIT APPLIES PER'. POLICY PRO- LOC L PRODUCTS - COMP/OP AGG $2 0 0 0 000 A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 810949613499 11/30/2009 11/30/2010 COMBINED SINGLE LIMIT Ea accident) BODILY INJURY (Per person) Si 000000 $ BODILY INJURY (Per accident) $ X _ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY. AGG $ C EXCESS XJ LIABILITY OCCUR L _ CLAIMS MADE DEDUCTIBLE RETENTION $ SSE00071722276 11/30/2009 11/30/2010 EACH OCCURRENCE $10.000,000 AGGREGATE $10,000 000 Professional $ Liability is $ Excluded $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OIH- TORY LIMITS ER E.L. EACH ACCIDENT $ EL. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ B OTHER Professional Liabi1 ity PI099400 11/30/2009 11/30/2010 Per claim $1,000,000 Annl Aggr. $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. Independent Contractors Included Re: 8th Street Safety Enhancements; RBF JN 55-100683 City of National City, its officers, agents and employees are additional insured as respects to General and Auto Liability as required by written contract. Primary and Non -Contributing coverage applies to GL as required by written contract. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION City of National City Attn: Maryam Babaki, P.B., Engineering Department 1243 National City Blvd. National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25-S (7197) AUTHORIZED REPRESENTATIV y O ACORD CORPO TION 1988 POLICY #: 8109496B499 COMMERCIAL AUTO CA20480299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 6/ 2 8/ 2 o 10 Named Insured: RBF Consulting Countersigned By: SCHEDULE (Authorized Representative) Name of Person(s) or Organization(s): Any person or organization for whom you have agreed in a written contract or agreement to provide insurance but only for damages which are covered by this insurance and which you have agreed to provide in such (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 COMMERCIAL GENERAL LIABILITY 63050004092 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1, WHO IS AN INSURED — (Section 11) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a} Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) if, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section lit — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. CG D2 46 08 05 c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However. if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible 'other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4- As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: © 2005 The St. Paul Travelers Companies, inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and ii1. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) !f a claim is made or "suit" is brought against the additional insured, the additional insured must: 1. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to Page 2 of 2 any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 R/$ CERTIFICATE OF LIABILITY INSURANCE OP ID RC DATE (MM1OOIYYYY) 06/25/10 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER United Captive Ins. Brokers 17151 Newhope St. , Ste 211 Fountain Valley CA 92708 Phone:714-708-4370 Fax:714-708-2300 WNIAU NAME: PHONE FAX IA/CANo, Ext): (AIC, No): ADDRESS: PROUCER CUSTOMER ID M: RBFCO-1 INSURER(S)AFFORDING COVERAGE NAICft INSURED RBF Consulting 14725 Alton Parkway Irvine CA 92618 INSURER A: U.S. Fidelity and Guaranty Co. 25887 INSURER B: INSURER C: INSURER 0 : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INS R YWD POLICY NUMBER POUCY EFF (MM DOIYYYY) POLICY EXP (MMIDDIYYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR EACH OCCURRENCE $ 1,000,000 PREMISE PREMISES (Ea occurrence) $ 50 , O D D .__I CLAIMS -MADE i MED EXP iAny one person) $ 5,000 GEN'L PERSONAL & AM' INJURY GENERAL AGGREGATE $ 1,000,000 $ 2,000,000 AGGREGATE LIMIT APPLIES PER: PRO - POLICY PRO LOC PRODUCTS - COMPZOP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLA LIAB EXCESS LIAB ` OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE i $ $ __ DEDUCTIBLE RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNERIEXECUTIVEn OFFICER/MEMBER EXCLUDED, I (Mandatory in NH) if yes, describe under DESCRIPTION OF OPERATIONS below i� I A D123W000200 07/01/10 07/01/11 $ WCSTATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE EA EMPLOYEE $ 1 , 000 , 000 E.L. DISEASE - POLICY LIMIT $ 1 , 000 , 000 DESCRIPTOR OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedu e, if mere space Is required) Re: 8th Street Safety Enhancements; RBF Job #55-100683 Includes form WC 04 03 06 CERTIFICATE HOLDER CANCELLATION City of National City Attn: Maryam Babaki, P.E. Engineering Department 1243 National City Blvd National City CA 91950-4301 ACORD 25 {2009/09) CITYNA1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE n Q 5 : ¢ri CORD LX RPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 Oer POLICY NUMBER: DI/3 W00200 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy_ We will not enforce our right against the person or organization named in the Schedule (This agreement applies only to the extent that you perform wort, under a written contrail that requires you to obtain Ibis agreement from us.l You must maintain payroll records accurately segregating the remuneration or your empinyees while engaged in the work described in the Schedule. The additonal premium for this endorsement shall he 5 / of the California workers' compersation premium otherwise due cn such remuneration Schedule Person or Organization Job Description Any person or Organization Where required by written contract executed prior to loss and where permissible by law/statute 199P, by Inc Wo.ke:'s Ins_vantcx Ra[mg Ecrev �;� (a'ilv.nia All r ,nts rreesc..ed. From Ina WCIRE's California Workers ",:0mpensatur: Insurance Forms Manua ©' 7001 RESOLUTION NO. 2010 — 161 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RBF CONSULTING FOR A NOT -TO -EXCEED AMOUNT OF $146,863 TO PROVIDE CIVIL ENGINEERING SERVICES FOR THE CONSTRUCTION OF TRAFFIC SAFETY ENHANCEMENTS ON EAST 8TH STREET FROM J AVENUE TO PALM AVENUE, FACILITATED BY A $900,000 FEDERAL HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT WHEREAS, in 2009, Caltrans approved a $900,000 Federal Highway Safety Improvement (HSIP) grant for the construction of traffic safety enhancements on East 8th Street between J Avenue and Palm Avenue (Project); and WHEREAS, matching funds in the amount of $200,000 will be used from Proposition A funds for traffic signal upgrades, and $130,000 from the City's General Fund will be applied to project management, design, engineering, and public outreach; and WHEREAS, the Project includes traffic safety enhancements within the public right-of-way to calm traffic, reduce collisions, and improve access for both vehicles and pedestrians; and WHEREAS, the City of National City desires to employ a consultant to provide civil engineering services for said Project; and WHEREAS, it has been determined that RBF Consulting is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services for the not -to -exceed amount of $146,863. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City of National City and RBF Consulting in the not -to -exceed amount of $146,863 to provide civil engineering services for the construction of traffic safety enhancements on East 8th Street from J Avenue to Palm Avenue. Said Agreement is on file in the office of the City Clerk. ATTEST' PASSED and ADOPTED this 20th day of July, Dal a PROVED AS TO FO a dia Sil City Attorney M: Ron Morrison, Mayor City R. Clerk Passed and adopted by the Council of the City of National City, California, on July 20, 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 City Cle of the City of N tional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-161 of the City of National City, California, passed and adopted by the Council of said City on July 20, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 20, 2010 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with RBF Consulting for a not to exceed amount of $146,863 to provide Civil Engineering Services for construction of traffic safety enhancements on E. 81h Street from J Avenue to Palm Avenue, facilitated by a $900,000 Federal HSIP grant (funded by Prop A and City General Fund — grant matches) PREPARED BY: Stephen Manganiello, Traffic Engineer424t DEPARTMENT: Deve PHONE: 619-336-4382 APPROVED B EXPLANATION: See attached. ervices/Eng. FINANCIAL STATEMENT: ACCOUNT NO. 001-409-500-598-6165: $120,000 307-409-500-598-6558: $26,863 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APRRQVED: ��y , �('H,,„7 Finance ROVED: t MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: . Explanation 2. Resolution 3. Agreement e,eso‘.vt\o‘A uo. a0\b•‘GI July 22, 2010 Mr. Tim Thiele RBF Consulting 5050 Avenida Encinas, Suite 260 Carlsbad, CA 92008 Dear Mr. Thiele, On July 20th, 2010, Resolution No. City Council of the City of National with RBF Consulting. We are enclosing for your records a fully executed original Agreement. Sincerely, Esther Clemente Deputy City Clerk Enclosures cc: Engineering Dept. OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Della, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax 2010-161 was passed and adopted by the City, authorizing execution of an Agreement certified copy of the above Resolution and a