HomeMy WebLinkAbout2010 CON Harris & Associates - Engineering Services Capital Improvement ProjectsAGREEMENT
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
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Clty's 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.
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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
fumishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONSULTANT has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all
products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONSULTANT agrees
to post in conspicuous places available to employees and applicants for employment any
notices provided by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to
be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any
part of the information that (I) has been disclosed in publicly available sources of information; (ii)
is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a
third party, but only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
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City's Standard Agreement — June 2008 revision
15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to, or death
of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable
attomeys' 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 CONSULTANTS 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
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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, Califomia, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties
to the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
20. TERMINATION. A. This Agreement may be terminated with or without
cause by the CITY. Termination without cause shall be effective only upon 60-day's written
notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all
services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
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
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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
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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.
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
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City's Standard Agreement — June 2008 revision
Agreement, (iv) each party and such parry'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, Major
0
Iaudia G
City Attomey
D TO FORM:
HARRIS & ASSOCIATES
(Corporation — signatures of two corporate officers)
(Partnership — oje ignat re)
(Sole proprietors) p -crone signature)
By: ,1
(Name)
By:
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City's Standard Agreement — June 2008 revision
EXHIBIT "A"
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 It 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 1-800-877-4560
HUB International Insurance services Inc.
P.O. Box 4047
Concord, CA 94524
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
& Associates Inc.
Attn: Susan Mandilag
1401 Willow Pass Road, Suite 500
Concord, CA 94520
I
INSURER A. OneBeacon America Insurance Co.Harris
INSURERB. Wausau Underwriters Insurance Company
INSURERC: Colony National Insurance Company
INSURER D: Travelers Property Casualty Co of Amer.
INSURERE:Continental Casualty Company
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
I TRDATE
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
IMM/DD/YY1
POLICY EXPIRATION
DATE IMMIDD/YYI
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
"X" "C" "II"
Separation of Insureds
PERSONAL &ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GEN'LAGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2,000,000
POLICY X PROT- LOC
JFC
B
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
ASJZ91455034010
08/01/10
08/01/11
CX Ea accident) MBINED SINGLE LIMIT
$ 1,000, 000
BODILY INJURY
(Per person)
$
X
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 LIABILITY
AR6460401
08/01/10
08/01/11
EACH OCCURRENCE
$ 10,000,000
X
OCCUR , CLAIMS MADE
AGGREGATE
$ 10, 000, 000
DEDUCTIBLE
RETENTION $
_
S
$
D
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
**
PJUB8166N36A10
08/01/10
08/01/11
T-OTH-
X TORRYLIMITS ER
IMI
E.L. EACH ACCIDENT„
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE -POLICY LIMIT
000, 000
$ 1,000,000
$ 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 OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS 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
Director of Development Services
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 gIUXONCIE4 MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 9(If7F7[KYIIIKXIIX9MMIMAXKX
XPORRISZIMPOULIC ICIUSXASHIOVVOFXAA74ICppNIXIVIONXIXIXX WUtAf] XMISEZIMWX5XX
XggJCXXxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxX
AUTHORIZED REPRESENTATIVE
USA
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 (1)(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 S
l?ffective Date
08/01/2010
For attachment rn Policy No.
Audit Basis
Issued To
I?xpiration Date
ASJZ91455034010
Harris & Associates Inc.
08/01/2011
Countersigned by
S I TARY '41 I'RI:SIDI:NT
Authorized 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
TRAVELERSJ�
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 00 03 13 (00)-oi
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 applles 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.
SCHEDULE
DESIGNATED PERSON:
DESIGNATED ORGANIZATION:
ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED
HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS
TO FURNISH THIS WAIVER.
e—
m�
o�
o^�
DATE OF ISSUE: 08-02-10
001362
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,
Ron Morrison, Mayor
ATTEST:
Michael R. Dall , City Clerk
APROVED AS TO FORM:
dia G. iIva
City Attorney
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
City y of National City, California
Jerk of the City
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
eEETING DATE: October 5, 2010
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)
AGENDA ITEM NO. 9
PREPARED BY: Barby Tipton
PHONE: 4583
EXPLANATION:
See attached
DEPARTMENT: Develop
APPROVED BY:
ngineering
•
FINANCIAL STATEMENT: APPROVED: f — 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:
•TTACHMENTS:
1. Explanaton
2. Agreement
3. Resolution
VsEso-'vt\oa V1o. 2,o‘o•aaG
TNCOR:P fl ATED
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. Della, CMC
City Clerk
Enclosures
cc: Engineering Department
passed and adopted by the
execution of an Agreement
the above Resolution and a