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HomeMy WebLinkAbout2012 CON URS Corporation - Bond / Capital Improvement ProgramAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND URS CORPORATION THIS AGREEMENT is entered into this 10th day of January, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and URS Corporation, (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call Program Management staffing (on and off -site) for the City's Bond/Capital Improvement Program. 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 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 25% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello 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. Brian Norris, 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 Stephen Manganiello. 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 January 9, 2014. 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. 2 RPSA: Agreement between City and URS 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 [CHOOSE ONE'[. 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 [CHOOSE ONE]'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 CONSULTAN'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 RPSA: Agreement between City and URS 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 RPSA: Agreement between City and URS 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 CONTRACTOR/ 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 [CHOOSE ONE]'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 [CHOOSE ONE], at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANT [CHOOSE ONE]s, 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. lif coverage is provided on a claims made basis, insurance must show coverage date prior to start of work and it must be maintained (4) years after completion of work. 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. 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 riot contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation. 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. 5 RPSA: Agreement between City and URS 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. Insurance shall be written with only California or authorized 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 6 RPSA: Agreement between City and URS 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 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 CONSULTANTs 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 the CITY: To the CONSULTANT City of National City Stephen Manganiello, Acting City Engineer 1243 National City Boulevard National City, CA 91950-4301 URS Corporation Brian Norris, Vice President 4225 Executive Square, Suite 1600 La Jolla, CA 92037 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 7 RPSA: Agreement between City and URS 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. 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. 8 RPSA: Agreement between City and URS 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 NATIONAL CITY By: n Morrison, Mayor ROV ; • S TO FORM: DIA G.LVA Ci y Attorne URS CORPORATION By: 9 (Title) RPSA: Agreement between City and URS EXHIBIT "A" NATX 9 E TY 1647 December 7, 2011 Program Manager for City's Bond/Capital Improvement Program Scope of Services Overview URS has developed the following scope of work based on the initial Request for Proposals (RFP) issued by the City of National City, and URS's subsequent pre -award meetings of November 155, 2011 and December 7th, 2011. It is presumed that the Program Manager will be co -located within the offices of National City, and that services will be on an as -needed basis as required by National City in the successful delivery of the City's Bond/Capital Improvement (CIP) Program. Scope of Work A. General Services The Program Manager will work under the direction of the City's Development Services Director/City Engineer and assigned staff. The Program Manager is expected throughout all phases of the Program to: • Plan, manage, coordinate and control all aspects of the Program • Advise/assist City in assessing projects that can be Design -Build (DB); assist City in putting together DB teams. • Have the ability to work independently, guided through broad direction • Become familiar with and adhere to related City policies and Municipal Codes. Determine project related applicable regulations, codes, bylaws, etc., and where necessary, work with authorities having jurisdiction to ensure that all requirements for prevailing wage contracts are accomplished. • Comply with grant requirements (State and Federally funded) • Provide overall coordination and implement controls to ensure that projects are completed efficiently • Establish, monitor and control projects with progressive reviews including scope, cost, schedule and risk • Identify and assess scope, schedule and budget changes and make recommendations to bring into compliance with Program goals and objectives • Assist with set-up of project cost accounting. Familiarity with City's Financial Accounting System (Eden). • Identify and advise City of any potential obstacles or issues that need special attention during the program; assess options, recommend preferred approach and implement as required • Regularly assess the status of work, establish and administer quality assurance and control programs for projects • Ensure all reports and submissions are identified and included in the project's schedule of deliverables • Implement project data control and retrieval systems (files: digital and hardcopy) to fully track the evolution of decisions, ensure appropriate approvals are obtained and preserved, and be able to provide copies of documents within 24 hours of receiving a request. Ensure all activities, especially decisions and financial commitments, are documented, tracked and retrievable on request • Maintain proper project records in a format acceptable to City and turn over program documents at completion of the Program, and at such times as City may require • Properly close projects including but not limited to final summary balance sheet, Notice of Completion a;.., retention release • Other general services in support of the bond program .iPag, Program Manager for City's Bond/Capital Improvement Program Scope of Services 6. Communications and Project Status Reports Through all phases of the projects, be responsible for maintaining an open communication process and developing a strategy to keep all interested parties informed as to the ongoing progress. This includes, but is not limited to: Developing and implementing a comprehensive communications strategy throughout the program to keep all interested parties informed of various projects progress. Communication methods include hard copy (print materials) and digital communications (use of websites). Prepare project management reports and summaries covering: • Budgets by activity/contract showing to date and expected committed and anticipated costs • Scheduled and actual progress of work • Bidding and contractual issues • Design status/construction status • Scope changes and scope status • Issues and risks • Three month look -ahead C. Project Scope and Control Requirements Through all phases the Program Manager will be responsible to: • Review all existing documentation and implement a process to better define projects • Define responsibilities of all parties and ensure that all required work is included in program plan • Implement controls and systems to verify compliance with the program plan • Identify, monitor and assess all project scope changes and implement change control system • Ensure various elements of the program are properly coordinated and consistent • Other general services in support of the bond program D. Design, Contract Document, and Schedule Control Through all phases, the Program Manager will be responsible to prepare and monitor the design, construction/contract document process and scheduling, including: • Attend design meetings; monitor and control the design process • Implement change control procedures • Prepare a comprehensive and detailed master CIP project schedule using project management software to include work of architects, engineers, and other consultants, City staff and any other involved in the Program. • Clear identification of tasks, linkages and responsibilities • Note all key milestones, such as various project deliverables • Monitoring and updating of all project schedules on critical paths • Identify issues and risks related to project schedule, recommend and implement corrective measure_ Program Manager for City's Bond/Capital Improvement Program Scope of Services URS • Prepare monthly status reports identifying work completed, variances in work completed, corrective actions to be implemented and one -month look -ahead noting key activities to be achieved E. Financial Management and Cost Control Through all phases, the Program Manager will be responsible to prepare, monitor and control all project expenditures, including: • Deliver the projects within the overall program within the agreed budget • Working with City systems and personnel, determine appropriate reporting tools for controlling expenditures and: o Prepare projected monthly cash flows (tracking budgeted versus actual), monitor and report actual expenditures versus forecasts and submit monthly Project reports o Prepare project cost accounting reports • Monitor, control and document all changes in line item allocations, cost, change orders and potential change orders during all phases of each Project • Review and approve monthly progress billings from contractors/consultants • Maintain cost control process to provide a timely and accurate measure of expenditures, obligations, commitments and expenses against the Bond program and the Capital Improvement Program; maintain status of revenue available from the Bond program and the Capital Improvement Program. • Use standard accounting methods to tabulate, compile, and check correctness of all expenditures associated with the 2011 Tax Allocation Bond and the Capital Improvement Program based on information provided by City. F. Fee Schedule — Program Management Staffing Work to be authorized incrementally via Task Order, for a Not -to -Exceed amount of $100,000.00. Hourly rates are as follows: Program Manager (James Reed) - $179.00/hour Project Principal (Brian Norris) - $200.00/hour Project Manager (Dana Peterson, CCM) - $121.46/hour Project Controls, Senior (John Riley) - $138.86/hour Project Controls, Mid -Level (Kevin Splittgerber) - $87.00/hour Administrative (Brittney Matthiesen) - $59.50/hour P; Program Manager for City's Bond/Capital Improvement Program Scope of Services 1RS September 6, 201"1 Ms. Barby Tipton City of National City 1243 National Cite Blvd National City, CA 91950 Re: Request for Proposal — Program Manager for City's Bond/Capital Improvement Program Dear Ms Tipton: On behalf of URS, I am pleased to submit our qualifications to provide Program Management Services for the implementation of National City's Boncl and Capital Improvement Program. Our team has strength in all the required services listed in the Request for Proposals (RFP), and brings extensive Program Management experience on similar programs; both in scope and anticipated challenges. Highly Qualified Personnel Our proposed Program Manager, James Reed, PE, RA, HEED AP, RPA will lead our effort, and is immediately committed to National City in the successful delivery of the National City program. Jim is a highly skilled civil engineer and architect with over 28 years of experience in both the public and private sector. Furthermore, Jinn has an extensive knowledge of implementing Capital Improvement Programs while both in the Air Force and in the private sector in Southern California_ Jim has both the technical acumen and the interpersonal abilities to get programs executed successfully all while working as a partner with National City. He understands the big picture and the many factors that influence CIP planning and execution, and can successfully work as an extension of your staff on all areas of planning, design, and construction. Local Knowledge and Services URS has been serving San Diego County for over 70 years and has maintained a local office with staff of more than 260 professionals all able to directly support your program on an as needed basis. National City gets the intimate service found in a small firm combined with the in depth resources of a global company all thr •l tgh cost effective delivery_ National City gets the global industry leader with the personal touch! URS 1;. !,n- point, local experience in executing Bond and CIP facility programs. Our ten years of experience in managing the San Diego Unified School District's bond programs of over $35B brings unmatched experience in this area. National Leaders in Construction Management URS Corporation (i IRS) is a full -service, multi -disciplined tirm that provides program, project and construction management (PM/CM) services including design and engineering services_ URS holdings, Inc., our parent company, was first established as an architectural and engineering firm in 1901. I leadquartered in San Francisco, URS has approximately 2,000 employees in California, with nearly 1,000 in southern California. We look forward to presenting our proposal and discussing our experience in more detail_ In the interim, if you have any technical questions, please feel free to contact James Reed at 858.795.2681 or by email at jim_reed@urscorp.com. Contractual questions should be addressed to Brian Norris at 858.795.2680 or by email at hrian_norris(a)urscorp.com. Very truly yours, URS Corporation Brian Norris, P.E., MBA Vice President URS (2 rpora0on 4225 Executive Square, Suite 1600 La Jolla, CA 92937 Tel: 858.812.9292 Fax B58.812,9293 James Reed, PIj,, RA, LFED AP, RPA Program I\Ianagcr National City Proposal to Provide Program Management Services City's Bond / Capital Improvement Program OUR PHILOSOPHY T_IRS does not view program management as simply an exercise in "assisting" the client in completing a project or series of projects. Instead, we believe a Program such as the National City's Bond/Capital Improvement Program needs the management expertise of an experienced field -oriented program manager who has a thorough understanding of policies, planning, operations, and construction all while placing the client's interests at the top of his priority list_ Our approach is not one of merely monitoring activities and providing historical reports. Rather, URS provides a proactive leader who consistently monitors the quality and status of the work, looks ahead for issues that may impact performance, recommends and implements solutions when opportunities arise, and gets the work done right the first rime all in the best interest of National City. Our approach is built on lessons learned from similar program management projects with clients around die world, and more importantly throughout Southern California. Your Program is more than just a collection of capital unprovements planned to bring the infrastructure system to a state of good repair and ensure regulatory compliance. Instead, it is an extremely complex program of work that requires significant planning, coordination, and controls to successfully complete the projects on time and within budget. We are the right firm to act as an extension of your staff in the successful delivery of your program because you need a Program Manager that will provide seamless integration with your staff, organization, and the community. URS is that Program Manager! OVERALL QUALIFICATIONS URS Corporation (URS) is a full -service, multi -disciplined firm that provides program, project and construction management (PM/CM[) services including design and engineering services. URS Holdings, Inc., our parent company, was first established as an architectural and engineering firm in 1904. Headquartered in San Francisco, URS has approximately 2,000 employees in California, with nearly 1,000 in Southern California. URS has been servit tit `pan Diego County for over 70 years and has maintained a local office with staff of more than 260 professionals all able to directly support your program on an as needed basis_ National City gets the intimate service found in a small firm combined with the in depth resources of a global company all through cost effective delivery. National City gets the global industry leader with the personal touch! National City can be assured that URS has the necessary resources required to provide any required services throughout the length of your program all while acting as a cost effective extension of your staff. URS - NATIONAL CITY'S PROGRAM MANAGER Company expencncc is only one part of the equation. At the end of the day, it is people who get the job done_ URS brings to National City a Program Manager with unmatched strength and expertise. lames "Jim" Reed, will work as your partner in the successful delivery of your bond/capital improvement. program. He is a highly -skilled architect, civil engineer, and LFFD AP with more than 28 years of experience. Jun has extensive. knowledge and experience krultnt. programs of similar size and complexity, and is committed immediately to National City- to Leung a part of your project success on a full tune basis. Jim has successfully led programming, desigrt and construction programs in the. Air Force, served as a design and construction manager for the Torrey Hills 600 Acre Master Planned Development, and was a Pub1:.: AVw Director delivering bond/capital improvement programs that have similar complexity and requirements as the National City program. The benefit to National City is you are receiving a Program Manager that is committed to your program, and knows how to successfully act as a partner with a Public Agency. t A ) I® CERTIFICATE OF LIABILITY INSURANCE DATE UDD/YYYY) i 1/221202011 THIS CERTIFICATE IS 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 MARSH RISK & INSURANCE SERVICES 345 CALIFORNIA STREET, SUITE 1300 CALIFORNIA LICENSE NO. 0437153 SAN FRANCISCO,CA 94104 URSCOR-ALL-PROF-11-12 LAJCA NOC CONTACT NAME: PHONEC.N FAX Ex0• (A/C No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: National Union Fire Ins Co Pittsburgh PA 19445100 INSURED URS Corporation dba URS Corporation Americas 4225 Executive Sq., Suite 1600 La Jolla, CA 92037 INSURER B : Zurich American Insurance Company 16535100 INSURER C : Illinois National Ins Co 23817001 INSURER D , Insurance Company Of The State Of PA 19429100 INSURER E: Lexington Insurance Company 19437600 INSURER F : Lloyd's Of London & British Companies 15792604 COVERAGES CERTIFICATE NUMBER: SEA-002266690-02 REVISION NUMBER:5 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 TYPE OF INSURANCE ADOL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYYI POLICY EXP (MM(DDIYYYY) LIMITS A GENERAL LIABILITY X GL4870829 05/01/2011 06/01/2012 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 CLAIMS -MADE LX J OCCUR MED EXP (My one person) $ 10,000 X XCU, BFPD PERSONAL 8 ADV INJURY $ 2,000,000 X Contractual Liability GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X JECT LOC $ B AUTOMOBILE LIABILITY X BAP938521502 05/01/2011 06/01/2012 COMBINED SINGLE LIMIT (Ea accident $ 2,000,000 X ANY AUTO BODILY INJURY (Per person) $ r—ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC20635052 01/01/2011 01/01/2012 X 1 WC ATU- TORY ISTIMITS IOTH- PR A ANY PROPRIETOR/PARTNER/EXECUTIVE Y(N N N / A WC20635051 01/01/2011 01/01/2012 E,LEACH ACCIDENT $ 2,000,000 C OFFICER/MEMBER EXCLUDED? (Mandatory In NH) WC20635053 01/01/2011 01/01/2012 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 D DESCRIPTION OF OPERATIONS below WC20635054AVC20635055 01/01/2011 01/01/2012 E.L. DISEASE - POLICY LIMIT $ 2,000,000 E F Prof. LiabwiLmtdContractual Claims made policy 015438088 PE1105150/PE1105490 05/01/2011 05/01/2011 06/01/2012 06/01/2012 Each Claim $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Re: Program Management / CIP Program Deductible and Self -Insured Retention: General Liability - $10M SIR / Automobile Liability - $1M Deductible / Workers Compensation - $1M Deductible / Professional Liability - $IOM SIR. The City of National City, and its officers, agents and employees are included as Additional Insureds as respects the General Liability and Automobile Liability policies, where required by widen contract. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. National City, CA 91950-4301 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 of Marsh Risk & Insurance Services Lynne Harrington I71,-1ti Sn_tti-6 ' . ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: URSCOR AC:OREl LOC #: San Francisco ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY MARSH RISK & INSURANCE SERVICES NAMED INSURED URS Corporation dba URS Corporation Americas 4225 Executive Sq., Suite 1600 La Jolla, CA 92037 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE' Certificate of Liability Insurance The Workers' Compensation coverage shown does not apply in monopolistic states. In the States of ND, OH, WA and WY Workers' Compensation coverage is provided by the State Fund. In those States, the above - referenced policies provide Stop -Gap Employers Liability only. Workers Compensation policies apply as indicated below: WC20635051 - CA WC20635052 - FL WC20635053 - TX WC20635054 - AK, AL, AZ, DC, DE, HI, IA, IL, IN, KS ,LA, MD, ME, MI, MO, MS, MT, NC, NE, NH, NJ, NM, OK, PA, RI, SC, SD, TN, VA, VT WC20635055 - AR, CO, CT, GA, ID, KY, MA, MN, ND, NV, NY, 0H, OR, UT, WA, WI, WV, WY Waiver of Subrogation applies in favor of the City of National City as respects the Workers Compensation policy, where required by written contract or as permitted by law. Such insurance shall be primary insurance with respects to the interest of the additional insured's and any other insurance maintained by the additional insured shall be eacess and not contributing with the insurance required hereunder. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ' lUiv1BER: BAP938521502COMMERCIAL AUTO CA 20 48`02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE. READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) ororganization(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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 5/1/11 Countersigned By: kijett (Authorized Representative) Named Insured: URS Corporation dba URS Corporation Americas SCHEDULE Name of Person(s) or Organization(s): Any person or organization to whom or which youare required to provide additional insured status or additional insuredstatus on a primary, non-contributory basis, in a written contract or written agreement executed prior to kiss, except where such contract or agreement is prohibited by law. THE CITY OF NATIONAL CITY, AND ITS OFFICERS, AGENTS AND EMPLOYEES (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. This endorsement is executed by the company designated below: Zurich American Insurance Company Etiective dale 5/1/2011 Expiration date 6/1/2012 Issued to: URS Corporation dba URS Corporation Americas CA 20 48 02 99 Copyright, Insurance Services >Office, Inc., 1998 CA 983 (2-99) Page 1 of 1 ENDORSEMENT # This endorsement, effective 12:01 A.M. 5/1/11 forms a part of Policy No. GL 4870829 issued to: URS Corporation dba URS Corporation Americas by National Union Fire Ins Co of Pittsburgh PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: THE CRY OF NATIONAL CITY, AND ITS OFFICERS, AGENTS AND EMPLOYEES (If No entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) A. SECTION II - WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that additional insured. B. With respect to the insurance afforded to these additional insureds, SECTION 1 - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. - Exclusions, is amended to include the following additional exclusion; This insurance does not apply to "bodily injury" or "propertydamage" occurring after: (1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the siteof the covered operations has been completed or, (2) that portion of `'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and, conditions remain unchanged. 01 Authorized Representative 97838 (4/08) Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement, effective 12:01 A.M. 511/2011 forms a part of Policy No. GL4870829 issued to: URS Corporation dba URS Corporation Americas by National Union Fire ins Co of Pittsburgh PA ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS —COMPLETED OPERATIONS This endorsement modifiesinsurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION: THE CITY OF NATIONAL CITY, AND ITS OFFICERS, AGENTS AND EMPLOYEES LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: RE: PROGRAM MANAGEMENT / CIR PROGRAM ADDITIONAL PREMIUM: (If No entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) SECTION 1I - WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". All other terms and conditions remain unchanged. Authorized Representative 97837 (4/08) Includes copyrighted material of Insurance Services' Office, Inc., with its permission.: INSURER CANCELLATION TERMS NAMED INSURED: URS Corporation dba URS Corporation Americas POLICY NO: Various HOLDER NAME`. City of National City CANCELLATION TERMS: 30 Days Notice of Cancellation will be, provided by the carriers in accordance with the policy terms and conditions in theevent the policies are cancelled or non -renewed, for any reason other than non-payment of premiums. CANCELLATION TERMS APPLY TO THE FOLLOWING COVERAGES: GL, AL, WC and Professional Liab. 3LANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following" attaching clause" need be completed only when this endorsement Is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 1/1/2011 forms a part of Policy No. WC20635051 Issued to: URS Corporation dba URS Corporation Americas By: National Union Fire Insurance Company of Pittsburgh, PA We have a right to recover our payments tram anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be % of the total estimated workers compensation premium for this policy. WC040361 (Ed. 11-90), Countersigned by b. Authorized Representative RESOLUTION NO. 2012 — 05 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH URS CORPORATION TO PROVIDE ON -CALL MANAGEMENT STAFFING FOR THE CITY'S BOND/CAPITAL IMPROVEMENT PROGRAMS FOR THE NOT TO EXCEED AMOUNT OF $100,000, AND AUTHORIZING 25% CONTINGENCY UP TO $25,000 FOR UNFORESEEN PROJECT NEEDS WHEREAS, the City desires to employ a consultant to provide on -call program management staffing for the City's Bond/Capital Improvement Program; and WHEREAS, the City has determined that URS Corporation is qualified by experience and ability to perform the services desired by the City, and URS Corporation is willing to perform such services for the not -to -exceed amount of $100,000 WHEREAS, a contingency amount up to $25,000 for unforeseen project needs is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with URS Corporation to provide on -call program management staffing for the City's Bond/Capital Improvement Program for the not -to -exceed amount of $100,000. Said Agreement in on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a contingency amount up to $25,000 for unforeseen project needs. PASSED and ADOPTED this 10th day of Janua 012. ATTEST: AP ROVED AS TO FORM: C is G City Attorn a Si va Ron Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on January 10, 2012 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California // ationa of Y City CI-rk of the City I City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-5 of the City of National City, California, passed and adopted by the Council of said City on January 10, 2012. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO. 10 ITEM TITLE: Resolution of the City Council of National City authorizing the Mayor to execute an Agreement with URS Corporation for a not -to -exceed amount of $100,000 and authorize a 25% contingency amount up to $25,000 to provide on -call Program Management services for the City's Bond/Capital Improvement Program (funded by various Capital Improvement Project funds, no General Funds) PREPARED BY: Lynn Col PHONE: 619-336-4318 EXPLANATION: Please see attached. DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: 7 MIS No financial impact at this time. Various Capital Improvement Projects will fund this agreement on an As -Needed basis. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution \r, tiro. • • • EXPLANATION This year's Capital Improvement (CIP) Program currently has 40 projects, totaling over $40 million. The City's 5-year CIP proposes over $120 million in projects. The CIP is funded by over 20 funding sources, having specialized reporting and accounting requirements, deadlines for expenditures, and restricted uses. Funding sources include the 2011 Tax Allocation Bond, various Federal and State appropriations and grants, and local funds. In order to keep these projects on schedule and within budget, and to ensure appropriate use of funds, the Development Services Department solicited proposals for a Program Manager for the City's Bond/Capital Improvement Program. On August 16, 2011 staff informed City Council of its intent to solicit proposals from qualified firms. On August 22, 2011, the Request for Proposal was emailed to 114 firms, and posted on the City's website. On September 6, 2011 ten proposals were received. A four -member panel of Development Services Staff reviewed the proposals and selecting three firms for interviews. After considering experience, costs to the City and ability to perform desired services, URS Corporation was selected to provide Program Management support for the City's Bond/Capital Improvement Program. Typical services will include, but are not limited to, project tracking, cost control, reporting, and on- and off -site staff support. URS Corporation's cost proposal is $100,000, as outline in the attached Agreement. Staff recommends approval of the Agreement and requests a 25% contingency in the amount of $25,000 for unforeseen changes. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND URS CORPORATION THIS AGREEMENT is entered into this 10th day of January, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and URS Corporation, (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call Program Management staffing (on and off -site) for the City's Bond/Capital Improvement Program. 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. FOLLOWS: NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 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 25% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello 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. Brian Norris, thereby is designated as the Project Director for the CONSULTANT. 2 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 Stephen Manganiello. 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 v, 'tten notice. Within ten (10) business days, the CONSULTANT and the City shall each prepai y 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 January 9, 2014. 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 CONSULT ^=r' written work product for the CITY's purposes, and the CONSULTANT expressly waive' disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relax i o intellectual property and artistic works. 2 RPSA: Agreement between City end tJRS 3 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 (CHOOSE ONE'. 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 CONSULTANTS 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 [CHOOSE ONE''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 CONSULTAN'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 RPSA. Agreement between City and URS 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 e;o,or, 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 agroes to post in conspicuous places available to employees and applicants for employrnent 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 cf this Agreement without the prior written consent of the CITY. In its performance hereunder, t:'te 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 RPSA: Agreement between City and URS 5 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 CONTRACTOR/ 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 [CHOOSE ONE]'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 [CHOOSE ONE], at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANT [CHOOSE ONE]s, 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. lif coverage is provided on a claims made basis, insurance must show coverage date prior to start of work and it must be maintained (4) years after completion of work. 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. 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. 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. 5 RPSA: Agreement between City and URS 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. Insurance shall be written with only California or authorized admitted companies which hold a current policy holder's alphabetic and financial size category rating of not Tess 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 Driy 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. Attorneys 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 6 RPSA: Agreement between City and I11iS 7 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 irnmediately 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 CONSULTANTs 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 irnmediately 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 the CITY: To the CONSULTANT City of National City Stephen Manganiello, Acting City Engineer 1243 National City Boulevard National City, CA 91950-4301 URS Corporation Brian Norris, Vice President 4225 Executive Square, Suite 1600 La Jolla, CA 92037 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 7 RPSA Agreement between City and JRS 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. G. Waiver. The waiver or failure to enforce any provision of this Agree:rient 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. 8 RPSA: Agreement between City and URS 9 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 NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: CLAUDIA G. SILVA City Attorney URS CORPORATION By: 9 ame) �ce 011ie) RPSA: Agreement between City acd URS 10 EXHIBIT "A" December 7, 2011 Program Manager for City's Bond/Capital Improvement Program Scope of Services Overview URS has developed the following scope of work based on the initial Request for Proposals (RFP) issued by the City of National City, and URS's subsequent pre -award meetings of November 1st, 2011 and December 7`h, 2011. It is presumed that the Program Manager will be co -located within the offices of National City, and that services will be on an as -needed basis as required by National City in the successful delivery of the City's Bond/Capital Improvement (CIP) Program. Scope of Work A. General Services The Program Manager will work under the direction of the City's Development Services Director/City Engineer and assigned staff. The Program Manager is expected throughout all phases of the Program to: • Plan, manage, coordinate and control all aspects of the Program • Advise/assist City in assessing projects that can be Design -Build (DB); assist City in putting together DB teams. • Have the ability to work independently, guided through broad direction • Become familiar with and adhere to related City policies and Municipal Codes. Determine projec.! applicable regulations, codes, bylaws, etc., and where necessary, work with authorities having juracrJ o: to ensure that all requirements for prevailing wage contracts are accomplished. • Comply with grant requirements (State and Federally funded) • Provide overall coordination and implement controls to ensure that projects are completed efficiently • Establish, monitor and control projects with progressive reviews including scope, cost, schedule and risk • Identify and assess scope, schedule and budget changes and make recommendations to bring into compliance with Program goals and objectives • Assist with set-up of project cost accounting. Familiarity with City's Financial Accounting System (Eden). • Identify and advise City of any potential obstacles or issues that need special attention during the program; assess options, recommend preferred approach and implement as required • Regularly assess the status of work, establish and administer quality assurance and control programs for projects • Ensure all reports and submissions are identified and included in the project's schedule of deliverables • Implement project data control and retrieval systems (files: digital and hardcopy) to fully track the evolution of decisions, ensure appropriate approvals are obtained and preserved, and be able to provide copies of documents within 24 hours of receiving a request. Ensure all activities, especially decisions and financial commitments, are documented, tracked and retrievable on request • Maintain proper project records in a format acceptable to City and turn over program documents at completion of the Program, and at such times as City may require • Properly close projects including but not limited to final summary balance sheet, Notice of Co. retention release • Other general services in support of the bond program Program Manager for City's Bond/Capital Improvement Program Scope of Services 11 awy`.p�,jil NA1 8. Communications and Project Status Reports Through all phases of the projects, be responsible for maintaining an open communication process and developing a strategy to keep all interested parties informed as to the ongoing progress. This includes, but is not limited to: Developing and implementing a comprehensive communications strategy throughout the program to keep all interested parties informed of various projects progress. Communication methods include hard copy (print materials) and digital communications (use of websites). Prepare project management reports and summaries covering: • Budgets by activity/contract showing to date and expected committed and anticipated costs • Scheduled and actual progress of work • Bidding and contractual issues • Design status/construction status • Scope changes and scope status • Issues and risks • Three month look -ahead C. Project Scope and Control Requirements Through all phases the Program Manager will be responsible to: • Review all existing documentation and implement a process to better define projects • Define responsibilities of all parties and ensure that all required work is included in program plan • Implement controls and systems to verify compliance with the program plan • Identify, monitor and assess all project scope changes and implement change control system • Ensure various elements of the program are properly coordinated and consistent • Other general services in support of the bond program D. Design, Contract Document, and Schedule Control Through all phases, the Program Manager will be responsible to prepare and monitor the design, construction/contract document process and scheduling, including: • Attend design meetings; monitor and control the design process • Implement change control procedures • Prepare a comprehensive and detailed master CIP project schedule using project management software to include work of architects, engineers, and other consultants, City staff and any other involved in the Program. • Clear identification of tasks, linkages and responsibilities • Note all key milestones, such as various project deliverables • Monitoring and updating of all project schedules on critical paths • Identify issues and risks related to project schedule, recommend and implement corrective measures Program Manager for City's Bond/Capital Improvement Program Scope of Services URS 2lPage 12 IT dajio • Prepare monthly status reports identifying work completed, variances in work completed, corrective actions to be implemented and one -month look -ahead noting key activities to be achieved E. Financial Management and Cost Control Through all phases, the Program Manager will be responsible to prepare, monitor and control all project expenditures, including: • Deliver the projects within the overall program within the agreed budget • Working with City systems and personnel, determine appropriate reporting tools for controlling expenditures and: o Prepare projected monthly cash flows (tracking budgeted versus actual), monitor and report actual expenditures versus forecasts and submit monthly Project reports o Prepare project cost accounting reports • Monitor, control and document all changes in line item allocations, cost, change orders and potential change orders during all phases of each Project • Review and approve monthly progress billings from contractors/consultants • Maintain cost control process to provide a timely and accurate measure of expenditures, obligations, commitments and expenses against the Bond program and the Capital Improvement Program; maintain status of revenue available from the Bond program and the Capital Improvement Program. • Use standard accounting methods to tabulate, compile, and check correctness of all expenditures associated with the 2011 Tax Allocation Bond and the Capital Improvement Program based on information provided by City. F. Fee Schedule - Program Management Staffing Work to be authorized incrementally via Task Order, for a Not -to -Exceed amount of $100,000.00. Hourly rates are as follows: Program Manager (James Reed) - $179.00/hour Project Principal (Brian Norris) - $200.00/hour Project Manager (Dana Peterson, CCM) - $121.46/hour Project Controls, Senior (John Riley) - $138.86/hour Project Controls, Mid -Level (Kevin Splittgerber) - $87.00/hour Administrative (Brittney Matthiesen) - $59.50/hour Program Manager for City's Bond/Capital Improvement Program Scope of Services URS 13 September 6, 2011 Ms. Barby Tipton City of National City 1243 National City Blvd National City, CA 91950 Re: Request for Proposal — Program Manager for City's Rond/Capital Improvement Program Dear Ms Tipton_ On behalf of URS, 1 am pleased to submit our qualifications to provide Program Management Services for the implementation of National City's Bond and Capital Improvement Program. Our team has strength in all the required services listed in the Request for Proposals (RIP), and brings extensive Program Management experience on similar programs; both in scope and anticipated challenges. Highly Qualified Personnel Our proposed Program Manager, James Reed, PE, RA, LEER AP, RPA will lead our effort, and is immediately committed CO National City in the successful delivery of the National City program. Jim is a highly skilled civil engineer and architect with over 28 years of experience in both the public and private sector. Furthermore, Jim has an extensive knowledge of implementing Capital Improvement Programs while both in the Air Force and in the private sector in Southern California. Jim has both the technical acumen and the interpersonal abilities to get programs executed successfully all while working as a partner with National City_ He understands the big picture and the many factors that influence CIP planning and execution, and can successfully work as an extension of your staff on all areas of planning, design, and construction. Local Knowledge and Services URS has been serving San Diego County for over 70 years and has maintained a local office with staff of more than 260 professionals all able to directly support your program on an as needed basis. National City gets the intimate service found in a small firm combined with the in depth resources of a global company all through cost effective delivery_ National City gets the global industry leader with the personal touch! IJRS has on - point, local experience in executing Bond and CIP facility programs. Our ten years of experience in managing the San Diego Unified School District's bond programs of over $3.5B brings unmatched experience in this area. National Leaders in Construction Management URS Corporation (URS) is a frill -service, multi -disciplined firm that provides program, project and construction management (PM/CAb services including design and engineering services. URS Holdings, Inc., our parent company, was first established as an architectural and engineering firm in 1904. Headquartered in San Francisco, URS has approximately 2,000 employees in California, with nearly 1,000 in southern California. We look forward to presenting our proposal and discussing our experience in more detail. In the interim, if you have any technical questions, please feel free to contact James Reed at 858.795.2684 or by email at jim_reedRurscorp.com. Contractual questions should be addressed to Brian Norris at 858.795.2680 or by email at brian_norris' urscorp.com. Very truly yours, URS Corporatio�u, Brian Norris, P.l?., NIBA times Reed, PE, R'1, LI I D AP, RPA Vice President URS Corporation 4225 Executive Square, Suite 1500 La Jolla, CA 9203/ TO 858-812.9252 Fax: 858.812.9253 Program Manager 14 National City Proposal to Provide Program Management Services City's Bond / Capital Improvement Program OUR PHILOSOPHY URS does not view program management as simply an exercise in "assisting" the client in completing a project or series of projects. Instead, we believe a Program such as the National City's Bond/Capital Improvement Program needs the management expertise of an experienced field -oriented program manager who has a thorough understanding of policies, planning, operations, and construction all while placing the client's interests at the top of his priority list. Our approach is not one of merely monitoring activities and providing historical reports. Rather, URS provides a proactive leader who consistently, monitors the quality and status of the work, looks ahead for issues that may impact performance., recommends and implements solutions when opportunities arise, and gets the work done right the first time all in the best interest of National City. Our approach is built on lessons learned from similar program management projects with clients around the world, and more importantly throughout Southern California. Your Program is more than just a collection of capital improvements planned to bring the infrastructure system to a stare of good repair and ensure regulatory compliance. Instead, it is an extremely complex program of work that requires significant planting, coordination, and controls to successfully complete the projects on time and within budget. We are the right tinn to act as an extension of your staff in the successful delivery of your program because you need. a Program Manager that will provide seamless integration with your staff, organization, and the comununity_ URS is that Program Manager! OVERALL QUALIFICATIONS URS Corporation (URS) is a full -service, mutld-disciplined firth that provides program, project and construction management (PM/CM) services including design and engineering services. URS Holdings, Inc., our parent company, was first established as an architectural and engineering firm in 1904. Headquartered in San Francisco, URS has approximately 2,000 employees in California, with nearly 1,000 in Southern California. URS has been scr..0 San Diego County for over 70 years and has maintained a local office with staff of more tl 2.00 professionals all able to directly support your program on an as needed basis. National City gets the intimate service found in a small firm combined with the in depth resources of a global company all through cost effective delivery. National City gets the global industry leader with the personal touch! National City can be assured that URS has the necessary resources required to provide any required services throughout the length of your program all while acting as a cost effective extension of your staff. URS - NATIONAL CITY'S PROGRAM MANAGER Company experience is only one part of the equation. At the end of the day, it is people who get the job done. URS brings to National City a Program Manager with unmatched strength and expertise. James "Jinn" Reed, will work as your partner in the successful delivery of your bond/capital improvement program. He is a highly -skilled architect, civil engineer, and FEED AP with more than 28 years of experience. Jim has extensive knowledge and ex',c 7ence 1�dir�g programs of similar size and complexity-, and is committed uiunediately to Natl• • a part of your project success on a full time basis. Jim has successfully led progr.t uLy design, and construction programs in the Air Force, served as a design and construction manager for the Torrey (fills 600 Acre Master Planned Development, and was • Director delivering bond/capital improvement programs that have similar complexity and requirements as the National City program. The benefit to National City is you are receiving a Program Manager that is committed to your program, and knows henv to successfully act as a partner with a Public Agency. 15 t "1 �!«' CERTIFICATE OF LIABILITY INSURANCE OATE(M /OQ/YY�' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. HOLDER. THIS BY THE POLICIES AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 MARSH RISK & INSURANCE SERVICES 345 CALIFORNIA STREET, SUITE 1300 CALIFORNIA LICENSE NO. 6437153 SAN FRANCISCO, CA 94104 URSCOR-ALL-PROF-11-12 LAJ CA NOC CONTACT PHONE PHON 1A1C Ne EA-1 F No). 1 E-MAIL ADDRESS: _ INSURER(S) AFFORDING COVERAGE NAIC It INSURER A: National Union Fire Ins Co Pittsburgh PA 19445100 INSURED URS Corporation dba URS Corporation Americas 4225 Executive Sq., Suite 1600 La Jolla, CA 92037 rnkf PAr_PC Zurich American Insurance Company INSURER e: P Y 16535100 INSURER C :Illinois National Ins Co 23817001 INSURER D : Insurance Company Of The State URA 19429100 INSURER E : Lexington Insurance Company 19437060 INSURER r : Lloyd's Of London & British Companies 15792004 -------------•-•--•-- ..�..-vvccwwu-vc KCVIJIUN NUMBER:6 THIS INDICATED. CERTIFICATE EXCLUSIONS INSR IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 10 WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ LTR TYPE OF INSURANCE ADDL SUER WVD POLICY NUMBER EFFEXP (MMIDDY/YYYY) (MM DDY/YYYY) LIMITS A GENERAL X LIABILITY X GL4870829 05;0112011 06/01/2012 LACK OCCURRFNCE $ 2000,000 COMMERCIAL GENERALLIABILI TY DAMAGE TO RENTED PREMIS[(Ea occurrence) 5 1,000.000 X CLAIMS -MADE `x ] OCCUR XCU, BFPD MCC) EXP (Any one person) $ 10,000 2,000,060 X Contractual liability PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 GENE AGGREGATE LIMIT APPLIES PRO - PER: PRODUCTS - COMP/OP AGO $ 2,000,000 POLICY X CT LOC $ B AUTOMOBILE X LIABILITY )( BAP938521502 05/01/2011 06/01/2012 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 A ANY AUTO ALL OWNED SCHEDIJI FD BODILY INJURY (Per person) $ _ AUTOS AUTOS NON -OWNED BODILY INJURY (Per accident) $ H HIRED AUTOS — AUTOS PROPERTY DAMAGE (Per accdenl) $ $ UMBRELLA LIAB EXCESS OCCUR EACH OCCURRENCE $ LIAB CLAIMS -MADE FI AGGREGATE $ OFDT ETENI ON$ $ C A WORKERS COMPENSATION AND EMPLOYERS' Y / N WC20635052 WC20635051 01/0112011 01/0172012 Y. WC STATIJ- 1'C RY UMITS IGT H- D OFELIABILITY ANY PROPRIE IARTNER�EXECl1TIVF OFFICER'MEMBER EXCLUDED? [ Ni N ! A 01/01/2011 01/01/2612 E.L. EACH AC; C;IOENT $ 2,000,000 D (Mandatory in NH) B yes, desuibe under WC20635053 01/01/2011 01/01/2012 E.L- DISEASE - EA EMPLOYEE $ 2,006000 DESCRIPTION OF OPE FATIONS below WC20635054fJJC20635055 01/01/2011 01/6112012 E.L. DISEASE - POL ICY LIMIT $ 2,000,000 E F Prof. Gab w/Lmtd Contractual Claims made policy 015438088 PE11051501PE1105490 05/0112011 05/01/2011 06/01/2012 06/01/2012 Each Claim $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD lei, Additional Remarks Schedule, if more space is required) Re: Program Management / CtP Program Deductible and Self Insured Retention: General Liability - $10M SIR / Automobile Liability - $1M Deductible / Workers Compensation - $1M Deductible i Professional Liability - $ TOM SIR. The City of National City, and its officers, agents and employees are Included as Additional Insureds as respects the General Liability and Automobile Liability policies, where required by written contract. CFRTIFIC ATP unl nco _ _- -. City of National City 1243 National City Blvd. National City, CA 91950-4301 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 of Marsh Risk IL Insurance Services Lynne Harrington ..-�`�-y��,'�p- © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 16 AGENCY CUSTOMER ID: URSCOR ACORDr LOC #: San Francisco ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY MARSH RISK & INSURANCE SERVICES POLICY NUMBER CARRIER NAIC CODE NAMED INSURED URS Corporation dba URS Corporation Americas 4225 Executive Sq., Suite 1600 La Jolla, CA 92037 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER- 25 FORM TITLE: Certificate of Liability Insurance The Workers' Compensation coverage shown does not apply in monopolistic states. In the States of NO. OH, WA and WY Workers Compensation coverage is provided by the State Fund. In those States, the above - referenced policies provide Stop -Gap Employers' Liability only. Workers Compensation policies apply as indicated below: WC20635051 -CA WC20635052 - FL WC20635053 - TX WC20635054 - AK, AL, AZ, DC, DE, HI, IA, IL, IN, KS ,LA, MD, ME, MI, MO, MS, MT, NC, NE, NH, NJ, NM, OK, PA, RI, SC, SD, TN, VA, VT 'NC20635055 - AR, CO, CT, GA, ID, KY, MA. MN, ND, NV, NY, OH, 0R, UT, WA, WI, WV, WY Waiver of Subrogation applies in favor of the City of National City as respects the Workers Compensation policy, where required by written contract or as permitted by law. Such insurance shall be primary insurance with respects to the interest of the additional insureds and any other insurance maintained by the additional insured shall be excess and not contributing with the insurance required hereunder. ACORD 101 (2008/01) ©2008 ACORD CORPORATION All 'ights reserved. The ACORD name and logo are registered marks of ACORD 17 NUMBER: BAP938521502 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 of the Coverage Form apply unless modified 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. This endorsement changes the policy effective on the inception date of the policy unless another dale is indicated below. Endorsement Effective: 5/1/11 Named Insured: URS Corporation dba URS Corporation Americas Countersigned By: (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additionai insured status on a primary, non-contributory basis, in a written contract or written; agreement executed prior to Toss, except where such contract or agreement is prohibited by law. THE CITY OF NATIONAL CITY, AND ITS OFFICERS, AGENTS AND EMPLOYEES (If no entry appears above, information required 10 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" tor Liability Coverage, but only to the extent that person or organization qualities as. an "insured" under the .Who. Is An Insured Provision contained in Section II of the Coverage Form. This endorsement is executed by the company designated below: Zurich American Insurance Company Effective date 5/1/2011 Expiration date 6/1/2012 Issued io: URS Corporation dba URS Corporation Americas CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 CA 983 (2-99) Page 1 of 1 18 ENDORSEMENT # This endorsement, effective 12:01 A.M. 5/1/11 for a part of Policy No. GL 4870829 issued to: URS Corporation dba URS Corporation Americas by National Union Fire Ins Co of Pittsburgh PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ_fT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES, OR; CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the. following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: THE CITY OF NATIONAL CITY, AND ITS OFFICERS, AGENTS AND EMPLOYEES (If No entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) A. SECTION II - WHO IS AN INSURED is amended to include, as an insured; The person or organization shown in the Schedule,; but only with respect to liability arising out of your ongoing operations performed for that additional insured. B. With respect to the insurance afforded to these additional insureds, SECTION 1 - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. - Exclusions, is amended to include the following additional exclusion; This insurance does not apply to "bodily injury" or "property damage' occurring after: (1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or, (2) that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions remain unchanged. Authorized Representative 97638 (4/08) Includes copyrighted material of Insurance Services Office, Inc., with its permission. 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement, effective 12:01 A.M. 5/1 /2011 forms a part of Policy No. GL4870829 issued to: URS Corporation dba URS Corporation Americas by National Union Fire Ins Co of Pittsburgh PA ADDITIONAL INSURED -OWNERS, LESSEES, OR CONTRACTORS - COMPLETED OPERATIONS Thfs endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION: THE CiTY OF NATIONAL CITY, AND iTS OFFICERS, AGENTS AND EMPLOYEES LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: RE: PROGRAM MANAGEMENT / CIP'PROGRAM ADDITIONAL PREMIUM: (If No entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) SECTION II - WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". All other terms and conditions remain unchanged. A Authorized Representative 97837 (4/081 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 20 INSURER CANCELLATION TERMS NAMED INSURED: URS Corporation dba URS Corporation Americas POLICY NO: Various HOLDER NAME: City of National City CANCELLATION TERMS: 30 Days Notice of Cancellation will be provided by the carriers in accordance with the policy terms .and conditions in the event the policies are, cancelled or non renewed, for any reason other than non-payment of premiums. CANCELLATION TERMS APPLY TO THE FOLLOWING COVERAGES: GL, AL, WC and Professional Liab, 21 3LANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following attaching douse" need be completed only when this endorsement Is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 1/1/2011 forms a pars of Policy No WC20635051 Issued to: URS Corporation dba URS Corporation Americas By: National Union Fire Insurance; Company of Pittsburgh, PA We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against, any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be % of the Total estimated workers compensation premium for this policy. WC040361 (Ed. 11-90) Countersigned by Authorized Rep,esen1ative 22 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH URS CORPORATION TO PROVIDE ON -CALL MANAGEMENT STAFFING FOR THE CITY'S BOND/CAPITAL IMPROVEMENT PROGRAMS FOR THE NOT TO EXCEED AMOUNT OF $100,000, AND AUTHORIZING 25% CONTINGENCY UP TO $25,000 FOR UNFORESEEN PROJECT NEEDS WHEREAS, the City desires to employ a consultant to provide on -call program management staffing for the City's Bond/Capital Improvement Program; and WHEREAS, the City has determined that URS Corporation is qualified by experience and ability to perform the services desired by the City, and URS Corporation is willing to perform such services for the not -to -exceed amount of $100,000 WHEREAS, a contingency amount up to $25,000 for unforeseen project needs is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with URS Corporation to provide on -call program management staffing for the City's Bond/Capital Improvement Program for the not -to -exceed amount of $100,000. Said Agreement in on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a contingency amount up to $25,000 for unforeseen project needs. PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 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 January 24, 2012 Mr. Brian Norris URS Corporation 4225 Executive Square, Suite 1600 La Jolla, CA 92037 Dear Mr. Norris, On January 10th, 2012, Resolution No. 2012-5 was passed and adopted by the City Council of the City of National City, authorizing execution of an Agreement with URS Corporation. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Agreement. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.