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HomeMy WebLinkAbout2012 CON Project Professionals - 8st Street Sewer Replacement / Utility UndergroundAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONALS 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 PROJECT PROFESSIONAL CORPORATION (the "CONSULTANT "). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Construction Management and Inspection Services for the 8th Street Sewer Replacement and Utility Undergrounding Project. WHEREAS, the CITY has determined that the CONSULTANT is a construction 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. Bryon Wade thereby is designated as the Project Director for the CONSULTANT . 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the City Engineer. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT 's written work product for the CITY's purposes, and the CONSULTANT expressly waives and 2 Citys Standard Agreement — May 2008 revision disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT . Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT 'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT 's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANT s, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT (s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT 's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT 's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT , its agents, servants, and employees are as to the CITY wholly independent CONSULTANT s and that the CONSULTANT 's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT , in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT , and each of its subCONSULTANT s, 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. 3 City's Standard Agreement — May 2008 revision 12. STANDARD OF CARE. A. The CONSULTANT , in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT 'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT 's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 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. 4 City's Standard Agreement — May 2008 revision The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT 's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT , at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANT 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 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S/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 5 Cit(s Standard Agreement — May 2008 revision contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "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, 6 Citys Standard Agreement — May 2008 revision evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT . During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT , whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT 's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT ; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Stephen Manganiello, Acting City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 7 City's Standard Agreement— May 2008 revision To the CONSULTANT : Byron Wade PROJECT PROFESSIONALS CORPORATION 656 5th Avenue, Suite W San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official 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 8 City's Standard Agreement — May 2008 revision Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this 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 O" ATIONAL CITY Pro'ect Pr•fessionals Co oration on orrison, ! ayor PROV D AS TO FORM: 11 u, UDIA !4• City Attorn B (Title) By ,Pff4 ame) Cr 0 (Title) 9 City's Standard Agreement— May 2008 revision Exhibit A PRCJEC- :URPF3RAT ON. August 12, 2011 Steve Manganiello, City Traffic Engineer City of National City 1243 National City Blvd. National City, CA 91950 RE: Construction Management and Inspection Services for the City of National City, 8th Sewer Replacement and Utility Undergrounding Dear Steve, I am submitting this proposal in response to your Request for Proposals to provide Construction Management and Inspection services for the abovementioned project. Legal Name and Address of the Company & Address of the Office Working on the Project Project Professionals Corporation 656 5th Avenue, Ste W San Diego, CA 92101 Legal Form of the Company `S' Corporation Contact Information for Corporate Representative Byron S. Wade, President/CEO 656 5th Avenue, Ste W San Diego, CA 92101 Office 619.794.0182 Cell 619.244.3418 Fax 619.794.0180 Email: byron@projectprofessionalscorp.com Web: www.projectprofessionalscorp.com Insurance Requirements and Certificates All required approved insurance certificates and endorsements are currently on file with the City. 656 STD AVENUE, SUITE W SAN Li IEGO, CALIFORNIA 92101 ProlectProfession&sCorp. com TELEPHONE 619.794.01 82 FACSIMILE 6.1 9:794.01 8❑ City of National City Professional Services Proposal 8th Street Sewer Replacement and Utility Undergrounding Project Page2of6 About Project Professionals Corporation PPC's construction management and inspection personnel are highly experienced and uniquely qualified to manage and inspect public works projects. Processing submittals, RFI's, approving schedules, keeping project files, coordinating with engineers, contractors, and inspectors, knowing the Greenbook and basic engineering principals is just the beginning. Understanding the legal principals and current law of public contracts is essential in the enforcement and administration of public works projects. Meeting agendas, minutes and change orders are carefully crafted since they can have unintended legal consequences if the party performing these services is unaware of the potential legal entanglements. At PPC we are experts at negotiating and drafting clear and binding change orders. Contractors are becoming more sophisticated and desperate for extras in these lean times. Protecting public funds is more challenging and knowing what the current law is on any issue is a must. PPC anticipates potential issues before they become costly and takes appropriate steps to mitigate damages and claims. PPC's Principal, Byron Wade, has over 25 years of experience managing every type of public works project. Problem solving is a critical skill that Byron and PPC staff will bring to this project. Our Senior Inspector on the project will be James Biasi. Mr. Biasi brings over 30 years of inspection, management and civil engineering experience in the area to the job. Supporting Project Manager, Michael McDonnell also brings the unique and highly valuable asset of being a licensed California Attorney. The importance of good public outreach cannot be overstated. PPC is very serious about protecting the integrity of National City and its staff as we represent the City on projects. We are genuinely concerned about every citizen's opinions and issues with each project. PPC has a • standing policy of immediate response and resolution to every citizen complaint and keeping the City informed of all issues in a timely manner. PPC's CFO Leanne Wade is a Certified Public Accountant and brings expertise in public finance management and analysis that can be utilized for all financial issues. Part of closing out a project is the final walk and punch list. It takes years of experience to define the line between acceptable and unacceptable work. PPC staff brings this type of expertise to every project. 656 5T" AVENUE, SUITE W SAN DIEGO, CALIFORNIA 921 ❑ 1 Prole ctProfessionalsCorp_ com TELEPHONE 61 9.794.01 B2 FACSIMILE 619.794.01B0 City of National City Professional Services Proposal 8th Street Sewer Replacement and Utility Undergrounding Project Page 3of6 PPC will perform final walkthroughs and turnovers, draft punch lists, gather and review warranties, manuals and as -built drawings. The job's not done until the paperwork is finished. PPC's record keeping and file system are second to none. Finally, a project closeout should include the review and input of any stakeholders that were part of the whole process or are responsible for the future maintenance of the improvement. This will avoid diifficultissues in the future if an unhappy stakeholder brings up issues after the project is closed out. PPC has developed excellent working relationships with all of National City's maintenance department heads and personnel that will be utilized throughout the project as necessary. At the end of each project a complete project file will be turned over to the City for their archives. Scope of Services Construction Management: 1. Enforce all terms and conditions of all contract documents. 2. Attend/chair all project related meetings. a. Weekly project meetings will be held as a minimum. b. Other site and office meetings will be held as required to address issues that cannot wait for the weekly meeting. 3. Take, process and distribute meeting minutes. 4. Track and document project schedule and scope of work compliance. a. Prepare, distribute and enforce Weekly Statements of Contract Time. b. Review, approve/reject and track the contractor's proposed full construction schedule and weekly updates. 5. Process and track construction related RFI's and submittals. 6. Coordinate soils and material testing. 7. Coordinate with utility companies and lead problem solving on utility issues. 8. Review soils and material test results for conformance with contract documents. 9. Review, estimate and approve payment quantities. 10. Prepare and process payment invoices. 11. Review, negotiate, recommend and draft change orders for City approval as necessary. 12. Provide value -engineering recommendations throughout the project with an eye towards the final streetscape project. 13. Principal Project Manager shall visit the construction site daily to track progress, insure public relations effort and lead problem resolution. 14. Maintain.the master construction file. 15. Lead and direct public relations effort. a. Develop informational flyer and distribute to local businesses and residences. 656 57' AVENUE, SUITE W SAN DIEGO, CALIFORNIA 92101 PrQ1ectPro%SSIonaIsCorD.com TELEPHONE 6.1 9:794.01 a2 FACSIMILE. 61 9.794.01 E10 City of National City Professional Services Proposal 8th Street Sewer Replacement and Utility Undergrounding Project Page 4 of 6 b. Make contact and coordinate all issues (access, trash pick-up, deliveries, etc.) with all effected properties prior to commencing adjacent construction and during construction activities. c. Coordinate utility undergrounding conversion efforts with all businesses and residents. d. Coordinate timing of any code compliance issues that may affect the utility undergrounding effort for the new service connections. • 16. Collect and review certified payroll records. 17. Perform all labor compliance duties: a. Communicate certified payroll requirements to the contractor and subcontractors at the pre -construction meeting. b. Set up and maintain certified payroll files. c. Accept and review all certified payroll documents. d. Perform on -site labor interviews (listed bellow under inspection services). e. Communicate and enforce all necessary corrective actions with contractor, City and Labor Commissioner when necessary. 18. Perform final walkthrough. 19. Develop, distribute and enforce final punch list. 20. Perform turnover duties to City Public Works Department. 21. Finalize the project per City policy and standards. Inspection: 1. Inspect all aspects of all work performed and improvements installed to insure conformance with project plans, documents and specifications for construction materials and method compliance. 2. Keep daily reports that document; a. Work performed and improvements installed and whether they are acceptable. b. Material and improvement quantities for payment. c. Contractor and subcontractor personnel for certified payroll audit and perform certified payroll interviews. d. All materials and equipment used on the project. e. Weather conditions. f. Unforeseen or changed conditions. g. Communications with the contractor or subcontractors. h. Communications with business and residents. i. Safety conditions and violations. j. Accidents of any kind. k. Communications with City staff that directs the project different from the contract documents. 3. Photo document the project daily. 656 5r' AVENUE. SUITE W SAN DIEGO, CALIFORNIA 92101 ProlectPro fes sionalsCorp. com TELEPHONE 61 9.794.01 B2 FACSIMILE 619.794.01B0 City of National City Professional Services Proposal 8th Street Sewer Replacement and Utility Undergrounding Project Page 5 of 6 4. Communicate any unforeseen or changed conditions to the City and Project Manager in a timely fashion and take action as necessary. 5. Ensure testing of materials by others is completed as required. 6. Participate in change order negotiations. 7. Review project safety and traffic control for compliance with permits. 8. Review project BMP's for compliance with permits. 9. Communicate any safety violations, accidents and water quality control issues to the City and Project Manager in a timely fashion and take action as necessary. 10. Act as liaison with businesses and residents when necessary. 11. Participate in final walkthrough of the project. 12. Participate in the development and enforcement of the final punch list. 13. Keep as -built notes and drawings throughout the project. The Principal Project Manager shall manage and coordinate all PPC efforts, attend all meetings, • visit the worksite regularly, meet and confer on all construction and public relations issues, negotiate all change orders, review and make recommendations on submittals, RFI's and invoices, collect and analyze all project quantities for daily ongoing budget control and analysis and process invoices and change orders. The Project Manager shall substitute for the Principal Project Manager where appropriate. There shall be 1 Senior Inspector for 8 hours per day, 5 days per week for the duration of the project. Your RFP estimates the project schedule to be between 12-15 months. The Administrative Assistant/Certified Payroll Officer shall maintain all project files, collect and review certified payroll documents and coordinate with the contractor on all corrections. Upon review of the plans of the project it can be anticipated that there could be substantial overlap of the phases of work such that the project construction time should be closer to 10-12 months rather than 15 months. For purposes of this proposal the attached sealed cost estimates project costs based on a 10-month period for time & material. So as to be responsive to your RFP, if the project runs over 10 months the hourly rates indicated in the original estimate will remain in effect regardless of the length of the project. The time/cost required can be estimated by adding similarly spread hours to any additional time. The project cost estimate proposal is based on a 10-month construction schedule and can be apportioned by type of work in the following percentages of the whole: Sewer replacement 50% Utility undergrounding 47% Resurfacing Highland to K St. 3% 656 5T" AVENUE. SUITE w ProiectProfessionalsCorp.com TELEPHONE 61 9.794.01 82 SAN DIEGO, CALIFORNIA 921 01 FACSIMILE 61 9.794.01 80 City of National City Professional Services Proposal 8th Street Sewer Replacement and Utility Undergrounding Project Page 6 of 6 The proposed project staff will be: Byron Wade, Principal Project Manager Jim Biasi, P.E., Senior Inspector Michael McDonnell, Project Manager (in lieu of Principal where appropriate) Jessica Schedine, Administrative Assistant/Certified Payroll Officer Roberto Saucedo, Principal Civil Engineer, (bi-lingual community outreach engineer) Thank you for this opportunity to serve the City of National City on this project. Sincerely, 656 5TH AVENUE. SUITE W SAN DIEGO, CALIFORNIA 92101 ProiectProfess+onalsCorp.com TELEPHONE 6 1 9.794.0 1 82 FACSIMILE 619.794.0180 pPCConotruchonPhase Estimate Project Management Public Outreach Project file maintenance ' Certified Payroll Project Inspection As -built plans 836 Cost Proposal pmpooa for Design and Project Management Citywide Sewer Rehabilitation Project Principal cw| Senior Civil Civil Manager Engineer Engineer Engineer 176 Senior Pumicn&ms Inspector CAD Admmistrahve Operator Assistant 24 Total Hours/Units Totals O z 1.860 16 15O 105 165 _��� _1�� �G 1����---��-1b�6i--- -�29n---- '----- 166250 m' 4 24 ma _/5 68 l Total| � --------'~-------|Hvpwood-�--'�----�-^'---'--~-~-----------�- -----~----~- ---------�- - One2 Eng. EVE Eng. (Subnnnsuuom�uotailedestimate attached) ,PsmidonVCsO ' � -------� no|muumab�m� Item Units �uouUnm Unit 000n8deo Total suvvCopina/Pomn81�� ~�1:---�-E�h----$'---0[���---30)----' - -----J Color Copies/Prints 81urx11^ Each * 1o0 O Paper oSheets Each $ 10.00 25 250 My|am Each $ 80.00 o Conoms Each $ 5-00 1 s Binder,2' Each $ 22.00 0 ' -----Binder, 3' _ Each 5 130 tmu|s�imaoedR�mbu�oa6�E���sys­-$-----§d�_' Total Estimated Consulting Fee (obuva) $ 376.17* Total Cost Estimate *-W6,09! A Q CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/17/2011 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 AHERN INSURANCE BROKERAGE 9655 GRANITE RIDGE DR STE 500 SAN DIEGO. CA 92123 (888) 661-3938 X0052 882 CONTACT NAME: PHONE A/C, No, Ent : 888 661-3938 E-MAIL ADDRESS: Service.center PRODUCER 1104EA746 CUSTOMER ID 8: travelers.com INSURER(S) AFFORDING COVERAGE FAX A/C, No : 877 552-6091 NAIC INSURED PROJECT PROFESSIONAL CORP 656 FIFTH AVENUE STE. W SAN DIEGO CA 92101 COVERAGES INSURER A:TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA INSURER B:TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA INSURER C: INSURER D: INSURER E: INSURER F'. CERTIFICATE NUMBER: 652271604081322 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECI 10 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED I IEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR B GENERALLIABIIrY X TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY ADDL INSR X SUBR WVD POLICY NUMBER POLICY EFF IIMM/DD/YYYY) POLICY EXP (MMIDDIYYYY) LIMITS EACH OCCURRENCE $2,000,000 680-9688P418-11 05/10/2011 05/10/2012 DAMAGE TO RENTED PREMISES (Ea occurrence) $300,000 CLAIMS -MADE X I OCCUR MED EXP (Any one person) $5,000 X H,REC AUTO PERSONAL & ADV INJURY $2,000,000 X NC. owrvl a Au o GENERAL AGGREGATE $4,000,000 GEV'L AGGREGATE LIMIT APPLIES PER. - j� POLICY IJECPROT FLOC PRODUCTS- COMP/OP AGG $4,000,000 $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY )Per person) $ E3ODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ .. — U UMBRELLA LIAB EXCESS LIAB DEDUCTIBLE RETENTION $ _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below PRO Y/N N/A UB-1329R331-11 05/10/2011 05/10/2012 X io�v LNds °ERI E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000 E.L. DISEASE - POLICY LIMIT $ 1.000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AS RESPECTS TO GENERAL LIABILITY, CERTIFICATE HOLDER IS ADDITIONAL INSURED - DESIGNATED PERSON/ORGANIZATION, CG T4 91 . CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS., OFFICERS, AGENTS, 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 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 ( j. • ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TRAVELERSJ ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 03 06 (01) — 001 POLICY NUMBER: (IJUB-1329R33-1-11) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 1.000 % OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION CITY OF NATIONAL CITY CONSULTING DATE OF ISSUE: 03-31-11 STASSIGN: TRAVELERSJ One Tower Square, Hartford, Connecticut 06183 CHANGE ENDORSEMENT INSURING COMPANY: TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA Named Insured: PROJECT PROFESSIONAL CORP Policy Number: I-680-9688P418-ACJ-11 Policy Effective Date: 05-10-11 Policy Expiration Date: 05-10-12 Issue Date: 08-16-11 Premium $ NIL Effective from 05-10-11 at the time of day the policy becomes effective. THIS INSURANCE IS AMENDED AS FOLLOWS: TRANSACTION EFFECTIVE DATE IS AMENDED TO 08/11/2011 ADDITIONAL INSUREDS ARE ADDED TO THE POLICY AS PROVIDED UNDER THE ATTACHED ENDORSEMENT(S): CG T4 91 THE FOLLOWING FORMS AND/OR ENDORSEMENTS IS/ARE INCLUDED WITH THIS CHANGE. THESE FORMS ARE ADDED TO THE POLICY OR REPLACE FORMS ALREADY EXISTING ON THE POLICY: CG T4 91 11 88 NAME AND ADDRESS OF AGENT OR BROKER Countersigned by AHERN INSURANCE BRKRG X0052 9655 GRANITE RIDGE DR STE 500 SAN DIEGO CA 92123 DATE: Authorized Representative IL TO 07 09 87 (Page 01 of 01) Office: ELMIRA NY SRV CTR POLICY NUMBER: I-680-9688P418-ACJ-11 EFFECTIVE DATE: 05-10-11 ISSUE DATE: 08-16-11 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL TO 07 09 87 CHANGE ENDORSEMENT IL T8 01 01 01 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS COMMERCIAL GENERAL LIABILITY CG T4 91 11 88 ADDL INSD-DESIGNATED PERSON/ORGANIZATION IL T8 01 01 01 PAGE: 1 OF 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: I-680-9688P418-ACJ-11 ISSUE DATE: 08-16-11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or organization: CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your acts or omissions. CG T4 91 11 88 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 ''� CERTIFICATE OF LIABILITY INSURANCE 5DATE /9/2011) 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 Michael Ehrenfeld Company 2655 Camino Del Rio North #200 San Diego CA 92108 CONTACT Ginni Hanna NAME: IA/CNro.Exo, (619) 663-9990 FAX (Am Nei: (619)683-9999 E-MAIL ADDRESS: 9h@ehrenfeldinsurance.com INSURER(S) AFFORDING COVERAGE NAIL 1I INSURER A :Continental Casualty Company 20443 INSURED Project Professionals Corporation 656 5th Ave. , Ste. W San Diego CA 92101 INSURER B : INSURERC: INSURERD: INSURER E: INSURER F: CERTIFICATE NUMBER:CL115922036 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 WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL IN SR SUBR WWI POLICY NUMBER POLICY EFF (MM/DD/YYYYI POLICY EXP fMM/DD/YYYYI LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENE AGGREGATE GE f POLICY LIMIT APPLIES PER PRO- JFCT LOC PRODUCTS- COMP/OP AGG $ $ AUTOMOBILE _ LIABILITY ANY AUTO ALL OWNED AUTOS __ _ SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per scolded) $ $ UMBRELLA UA6 EXCESS LIAB — OCCUR CLAIMS -MADE - EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ,,/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERAA EMBER EXCLUDED? I I (Mandatory In NH) If yes. describe under DESCRIPTION OF OPERATIONS below NIA WC STATU- TORYI IMITS OTH- ER El. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability Claims-made/$10,000 ded. NCA288328552 5/10/2011 5/10/2012 per claim limit $1,000,000 aggregate limit $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Certificate holder is named additional insured as respects the operations of the named insured. ATE HOLDER CANCELLATION City of National City, its elected officials, officers, agents and employees Attn: Barby Tipton 1243 National City Blvd. National City, CA 91950 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 David Jacobson/GLH ACORD 25 (2010/05) INS025 (201005).01 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RESOLUTION NO. 2012 — 04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PROJECT PROFESSIONALS CORPORATION FOR A NOT -TO -EXCEED AMOUNT OF $376,679 TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE 8TH STREET SEWER REPLACEMENT AND UTILITY UNDERGROUND PROJECT, AND AUTHORIZING 25% CONTINGENCY UP TO $94,169.75 FOR UNFORESEEN PROJECT NEEDS WHEREAS, the City desires to employ a consultant to provide construction management and project inspection services for the City's $3.5 Million 8th Street Sewer Replacement and Utility Undergrounding Project; and WHEREAS, the City has determined that Project Professionals Corporation is qualified by experience and ability to perform the services desired by the City, and Project Professionals Corporation is willing to perform such services for the not -to -exceed amount of $376,679. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Project Professionals Corporation to provide construction management and project inspection services for the City's $3.5 Million 8th Street Sewer Replacement and Utility Undergrounding Project for the not -to - exceed amount of $376,679. 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 $94,169.75 for unforeseen project needs. PASSED and ADOPTED this 10th day of January 012. rrison, Mayor ATTEST: Michael R. Della, (City Clerk APPRO _ D AS TO FORM: audi G. itua Silva City At 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 City National City, California C rk of the By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-4 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. 9 rEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Project Professionals Corporation for a not -to -exceed amount of $376,679.00 and authorizing a 25% contingency amount up to $94,169.75 to provide Construction Management and Inspection Services for the City's $3.5 million 8th Street Sewer Replacement and Utility Underaroundina Proiect. PREPARED BY: Aria Noorazar DEPARTMENT: Development Services -Engineering Division PHONE: (619) 336-4414 APPROVED BY: EXPLANATION: On August 4, 2011, the City issued a Request for Proposals (RFP) for Construction Management and Inspection Services for the 8th St Sewer Replacement and Utility Undergrounding Project. On August 29, 2011 seven proposals were received. A three -member panel of Development Services staff reviewed the proposals and selecting four firms for interviews. After considering experience, costs to the City and ability to perform desired services, Project Professionals Corporation was selected to provide Construction Management and Inspection services for the project. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Sewer Replacement for 8th Street: $220,848.75 in #125-409-500-598-2027; 2011 Tax Allocai'ion Bond (Capital Improvement) for 8th Street: $200,000 in #524-409-500-598-3918; Street Resurfacing for 8th Street: $50,000 in #307-409-500-598-3918 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: X STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Agreement 2. Resolutior, RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PROJECT PROFESSIONALS CORPORATION FOR A NOT -TO -EXCEED AMOUNT OF $376,679 TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE 8TH STREET SEWER REPLACEMENT AND UTILITY UNDERGROUND PROJECT, AND AUTHORIZING 25% CONTINGENCY UP TO $94,169.75 FOR UNFORESEEN PROJECT NEEDS WHEREAS, the City desires to employ a consultant to provide construction management and project inspection services for the City's $3.5 Million 8th Street Sewer Replacement and Utility Undergrounding Project; and WHEREAS, the City has determined that Project Professionals Corporation is qualified by experience and ability to perform the services desired by the City, and Project Professionals Corporation is willing to perform such services for the not -to -exceed amount of $376,679. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Project Professionals Corporation to provide construction management and project inspection services for the City's $3.5 Million 8th Street Sewer Replacement and Utility Undergrounding Project for the not -to - exceed amount of $376,679. 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 $94,169.75 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 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONALS 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 PROJECT PROFESSIONAL CORPORATION (the "CONSULTANT "). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Construction Management and Inspection Services for the 81h Street Sewer Replacement and Utility Undergrounding Project. WHEREAS, the CITY has determined that the CONSULTANT is a construction 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 F`,a1' assign a single Project Director to provide supervision and have overall responsibility 1 progress and execution of this Agreement for the CONSULTANT. Bryon Wade thereby is designated as the Project Director for the CONSULTANT . 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the City Engineer. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT 's written work product for the CITY's purposes, and the CONSULTANT expressly waives and 2 2 City's Standard Agreement— May 2008 revision disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT . Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT 'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT 's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without of ,,var written consent of the CITY. Nothing herein contained is intended to pr,,, ,he CONSULTANT from employing or hiring as many employees, or subCONSULTANT ne 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 CONSU!_'.',H ; '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 CONSULTANT s and that the CONSULTANT 's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT , in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT , and each of its subCONSULTANT s, 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. 3 3 City's Standard Agreement — May 2008 revision 12. STANDARD OF CARE. A. The CONSULTANT , in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT 'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT 's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 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. 4 4 City's Standard Agreement — May 2008 revision The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT 's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Cnde all amendments thereto; and all similar state or Federal acts or laws applicable; shall indemnify, and hold harmless the CITY and its officers, and employees from and a<::; ,: t all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorneys fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT , at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANT 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 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S/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 no' 5 5 Citys Standard Agreement — May 2008 revision contribute to any Toss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, 6 6 City's Standard Agreement— May 2008 revision evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT . During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT , whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT 's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT ; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Stephen Manganiello, Acting City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 7 7 City(s Standard Agreement — May 2008 revision To the CONSULTANT : Byron Wade PROJECT PROFESSIONALS CORPORATION 656 5th Avenue, Suite W San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the' notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official 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 8 8 City's Standard Agreement — May 2008 revision Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this 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 Project Professionals Cooration By: Ron Morrison, Mayor APPROVED AS TO FORM: CLAUDIA G. SILVA City Attorney (Title) (Title) 9 City's Standard Agreement — May 2008 revision PROJECT. PROFESSI'ritLS CORFORATION August 12, 2011 Steve Manganiello, City Traffic Engineer City of National City 1243 National City Blvd. National City, CA 91950 RE: Construction Management and Inspection Services for the City of National City, 8th Sewer Replacement and Utility Undergrounding Dear Steve, I am submitting this proposal in response to your Request for Proposals to provide Construction Management and Inspection services for the abovementioned project. Legal Name and Address of the Company & Address of the Office Working on the Project Project Professionals Corporation 656 5th Avenue, Ste W San Diego, CA 92101 Legal Form of the Company `S' Corporation Contact Information for Corporate Representative Byron S. Wade, President/CEO 656 5th Avenue, Ste W San Diego, CA 92101 Office 619.794.0182 Cell 619.244.3418 Fax 619.794.0180 Email: byron@projectprofessionalscorp.com Web: www.projectprofessionalscorp.com Insurance Requirements and Certificates All required approved insurance certificates and endorsements are currently on file with tna City. 656 5T" AVENUE, SUITE W SAN DIEIUO, CALIFORNIA 92101 ProiectProfessionaisCorp.com TELEPHONE 6 1 9.794.0 1 82 FACSIMILE 6.1 9:794.0 1 B❑ 10 City of National City Professional Services Proposal 81" Street Sewer Replacement and Utility Undergrounding Project Page2of6 About Project Professionals Corporation PPC's construction management and inspection personnel are highly experienced and uniquely qualified to manage and inspect public works projects. Processing submittals, RFI's, approving schedules, keeping project files, coordinating with engineers, contractors, and inspectors, knowing the Greenbook and basic engineering principals is just the beginning. Understanding the legal principals and current law of public contracts is essential in the enforcement and administration of public works projects. Meeting agendas, minutes and change orders are carefully crafted since they can have unintended legal consequences if the party performing these services is unaware of the potential legal entanglements. At PPC we are experts at negotiating and drafting clear and binding change orders. Contractors are becoming more sophisticated and desperate for extras in these lean times. Protecting public funds is more challenging and knowing what the current law is on any issue is a must. PPC anticipates potential issues before they become costly and takes appropriate steps to mitigate damages and claims. PPC's Principal, Byron Wade, has over 25 years of experience managing every type of public works project. Problem solving is a critical skill that Byron and PPC staff will bring to this project. Our Senior Inspector on the project will be James Biasi. Mr. Biasi brings over 30 years of inspection, management and civil engineering experience in the area to the job. Supporting Project Manager, Michael McDonnell also brings the unique and highly valuable asset of being a licensed California Attorney. The importance of good public outreach cannot be overstated. PPC is very serious about protecting the integrity of National City and its staff as we represent the City on projects. We are genuinely concerned about every citizen's opinions and issues with each project. PPC has a standing policy of immediate response and resolution to every citizen complaint and keeping the City informed of all issues in a timely manner. PPC's CFO Leanne Wade is a Certified Public Accountant and brings expertise in public finance management and analysis that can be utilized for all financial issues. Part of closing out a project is the final walk and punch list. It takes years of experience to define the line between acceptable and unacceptable work. PPC staff brings this type of expertise to every project. 656 Sr" AVENUE, SUITE W PfojectProfessionalsCoracom TELEPHONE 6 1 9.794.01 B2 SAN DIEGO, CALIFORNIA 92101 FACSIMILE 619.794.01B0 11 City of National City Professional Services Proposal 8th Street Sewer Replacement and Utility Undergrounding Project Page 3 of 6 PPC will perform final walkthroughs and turnovers, draft punch lists, gather and review warranties, manuals and as -built drawings. The job's not done until the paperwork is finished. PPC's record keeping and file system are second to none. Finally, a project closeout should include the review and input of any stakeholders that were part of the whole process or are responsible for the future maintenance of the improvement. This will avoid difficult issues in the future if an unhappy stakeholder brings up issues after the project is closed out. PPC has developed excellent working relationships with all of National City's maintenance department heads and personnel that will be utilized throughout the project as necessary. At the end of each project a complete project file will be turned over to the City for their archives. Scope of Services Construction Management: 1. Enforce all terms and conditions of all contract documents. 2. Attend/chair all project related meetings. a. Weekly project meetings will be held as a minimum. b. Other site and office meetings will be held as required to address issues that cannot wait for the weekly meeting. 3. Take, process and distribute meeting minutes. 4. Track and document project schedule and scope of work compliance. a. Prepare, distribute and enforce Weekly Statements of Contract Time. b. Review, approve/reject and track the contractor's proposed full construction schedule and weekly updates. 5. Process and track construction related RFI's and submittals. 6. Coordinate soils and material testing. 7. Coordinate with utility companies and lead problem solving on utility issues. 8. Review soils and material test results for conformance with contract documents. 9. Review, estimate and approve payment quantities. 10. Prepare and process payment invoices. 11. Review, negotiate, recommend and draft change orders for City approval as necessary. 12. Provide value -engineering recommendations throughout the project with an eye towards the final streetscape project. 13. Principal Project Manager shall visit the construction site daily to track progress, insure public relations effort and lead problem resolution. 14. Maintain the master construction file. 15. Lead and direct public relations effort. a. Develop informational flyer and distribute to local businesses and residences. 656 5" AVENUE, SUITE W SAN DIEGO, CALIFORNIA 92101 ProiectProfessionalsCorp.com TELEPHONE 6.1 9.794.01 B2 FACSIMILE. 619.794.0160 12 City of National City Professional Services Proposal 8`h Street Sewer Replacement and Utility Undergrounding Project Page 4 of 6 b. Make contact and coordinate all issues (access, trash pick-up, deliveries, etc.) with all effected properties prior to commencing adjacent construction and during construction activities. c. Coordinate utility undergrounding conversion efforts with all businesses and residents. d. Coordinate timing of any code compliance issues that may affect the utility undergrounding effort for the new service connections. 16. Collect and review certified payroll records. 17. Perform all labor compliance duties: a. Communicate certified payroll requirements to the contractor and subcontractors at the pre -construction meeting. b. Set up and maintain certified payroll files. c. Accept and review all certified payroll documents. d. Perform on -site labor interviews (listed bellow under inspection services). e. Communicate and enforce all necessary corrective actions with contractor, City and Labor Commissioner when necessary. 18. Perform final walkthrough. 19. Develop, distribute and enforce final punch list. 20. Perform turnover duties to City Public Works Department. 21. Finalize the project per City policy and standards. Inspection: 1. Inspect all aspects of all work performed and improvements installed to insure conformance with project plans, documents and specifications for construction materials and method compliance. 2. Keep daily reports that document; a. Work performed and improvements installed and whether they are acceptable. b. Material and improvement quantities for payment. c. Contractor and subcontractor personnel for certified payroll audit and perform certified payroll interviews. d. All materials and equipment used on the project. e. Weather conditions. f. Unforeseen or changed conditions. g. Communications with the contractor or subcontractors. h. Communications with business and residents. i. Safety conditions and violations. j. Accidents of any kind. k. Communications with City staff that directs the project different from the cone "ct documents. 3. Photo document the project daily. 656 5TH AVENUE. SUITE W ProiectProfessiona IsCorp, com TELEPHONE 6 1 9.794.0 1 8 2 SAN DIEGO, CALIFORNIA 92101 FACSIMILE 619.794.0180 13 City of National City Professional Services Proposal 8`h Street Sewer Replacement and Utility Undergrounding Project Page 5 of 6 4. Communicate any unforeseen or changed conditions to the City and Project Manager in a timely fashion and take action as necessary. 5. Ensure testing of materials by others is completed as required. 6. Participate in change order negotiations. 7. Review project safety and traffic control for compliance with permits. 8. Review project BMP's for compliance with permits. 9. Communicate any safety violations, accidents and water quality control issues to the City and Project Manager in a timely fashion and take action as necessary. 10. Act as liaison with businesses and residents when necessary. 11. Participate in final walkthrough of the project. 12. Participate in the development and enforcement of the final punch list. 13. Keep as -built notes and drawings throughout the project. The Principal Project Manager shall manage and coordinate all PPC efforts, attend all meetings, • visit the worksite regularly, meet and confer on all construction and public relations issues, negotiate all change orders, review and make recommendations on submittals, RFI's and invoices, collect and analyze all project quantities for daily ongoing budget control and analysis and process invoices and change orders. The Project Manager shall substitute for the Principal Project Manager where appropriate. There shall be 1 Senior Inspector for 8 hours per day, 5 days per week for the duration of the project. Your RFP estimates the project schedule to be between 12-15 months. The Administrative Assistant/Certified Payroll Officer shall maintain all project files, collect and review certified payroll documents and coordinate with the contractor on all corrections. Upon review of the plans of the project it can be anticipated that there could be substantial overlap of the phases of work such that the project construction time should be closer to 10-12 months rather than 15 months. For purposes of this proposal the attached sealed cost estimates project costs based on a 10-month period for time & material. So as to be responsive to your RFP, if the project runs over 10 months the hourly rates indicated in the original estimate will remain in effect regardless of the length of the project. The time/cost required can be estimated by adding similarly spread hours to any additional time. The project cost estimate proposal is based on a 10-month construction schedule and can be apportioned by type of work in the following percentages of the whole: Sewer replacement 50% Utility undergrounding 47% Resurfacing Highland to K St. 3% 656 5". AVENUE, SUITE W ProlectProfessionalsCorp.coln SAN DIEGO, CALIFORNIA 92101 14 TELEPHONE 61 9.794.01 az FACSIMILE 619.794.01 8❑ City of National City Professional Services Proposal 8th Street Sewer Replacement and Utility Undergrounding Project Page 6 of 6 The proposed project staff will be: Byron Wade, Principal Project Manager Jim Biasi, P.E., Senior Inspector Michael McDonnell, Project Manager (in lieu of Principal where appropriate) Jessica Schedine, Administrative Assistant/Certified Payroll Officer Roberto Saucedo, Principal Civil Engineer, (bi-lingual co'mmunity outreach engineer) Thank you for this opportunity to serve the City of National City on this project. Sincerely, 656 S'H AVENUE, SUITE W ProiectProfesslonaisCorp. com TELEPHONE 6 1 9.794.0 1 02 SAN 01E00, CALIFORNIA 92101 FACSIMILE 619.794.01B0 15 Cost Proposal for Design and Project Management Citywide Sewer Rehabilitation November 1, 2011 PPC Construciton Phase Estimate Task Project Management Principal Project Manager 836 Public Outreach Project Manager 176 Principal Civil Senior Civil Civil Engineer Engineer Engineer Senior Public Works Inspector CAD Administrative Operator Assistant 2 Project file maintenance Certified Payroll Project Inspection As -built plans [Project close-out Total Hours/Units Rates per hour/unit Totals ISubconsultants: (Subconsultant's detailed estimate attached) ade, President/CEO 1,660 166 250 6 852 150 127,800 Hopwood Surveying 180 105 18,900 26 165 4,290 Orie2 Eng. BVE Eng. 16 1,676 24 135 125 116 75 - 194,416 1,800 Reimbursables: Item B&W Copies/Prints 8 1/2" x 11" Color Copies/Prints 8 1/2" x 11" Paper D Sheets Mylars CD Roms Binder, 2" Binder, 3" Units Cost/Unit Each $ 0.20 Each $ 1.00 Each $ 10.00 Each $ 30.00 Each $ 5.00 Each $ 22.00 4 426 68 28,968 $ Quantities 300 0 25 0 1 0 Each $ 26.00 5 Total 376,174 Total Total 120 250 5 130 Total Estimated Reimburseable Expenses Total Estimated Consulting Fee (above) Total Cost Estimate $ 505 $ 376,174 $ 376,679 a`ORLY CERTIFICATE OF LIABILITY INSURANCE DATE 08/17/2011 YYV) 08/17/2011 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 AHERN INSURANCE BROKERAGE 9655 GRANITE RIDGE DR STE 500 SAN DIEGO, CA 92123 (888) 661-3938 X0052 882 INSURED PROJECT PROFESSIONAL CORP 656 FIFTH AVENUE STE. W SAN DIEGO, CA 92101 CONTACT NAME' PHONE FAX (A/C, No, Ext): (BBB) 661-3938 (A/C, Nod: (877) 552-6091 E-MAIL ADDRESS: Service.center@Iravelers.com PRODUCER CUSTOMER ID ,C; 1104EA146 INSURER(S) AFFORDING COVERAGE INSURER A'. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA NAIC N INSURER B:TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA INSURER (3'. INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 652271604081322 REVISION NUMBER: THIS INDICATED_ CERTIFICATE AND CONDITIONS IS TO CERTIFY THAT TI IL POLICIES OF INSURANCE LISIED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOIVVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CON IRAC I OR OTHER DOCUMENT WITH RESPECT TO WI!ICI I THIS MAY BE ISSUED OR MAY PERTAIN, I HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL I HE { ERMS, EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ INSR LTR B GENERALLIABIITY X TYPE OF INSURANCE COMMERCIAL GENERAL X ADOL INSR SUBR IN Er POLICY NUMBER POLICY EFF 1MMIDD/VYYV) 05/10/2011 POLICY EXP (MM/D D/YVYV) LIMITS LIABILITY OCCUR X 680-9688P418-11 05/10/2012 EACH OCCURRENCE $2,000,000 DAMAGE TO REN I ED PREMISES (Ea occurrence` $300,000 CLAIMS -MADE MED EXP (Any one person) $5,000 X X GENL IIIR En AUTD PERSONAL & ADV INJURY $2,000,000 (ON OWNED AUTO GENERAL AGGREGATE $4,000,000 AGGREGATE LIMB/ APPLIES PER: I POLICY I X1 JECOT —ILOC PRODUCTS- COMPIOP AGG $4,000,000 $ AUTOMOBILE _ LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY( Per accident) $ PROPERTY DAMAGE /Per accident) $ $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS MADE EACII OCCUR RtNCE $ AGG RELATE $ DEDUCTIBLE REILNIION $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIFTORiPARTNER/EXECUTIVE --� OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below N/A UB-1329R331-11 05/10/2011 05/10/2012 X I TORYLAMITG DER E.L. EACII AULUULNI $1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000 E.L. DISEASE - POI ICY I (MIT $ 1 ,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101. Additional Remarks Schedule. If more space is required) AS RESPECTS TO GENERAL LIABILITY, CERTIFICATE HOI.DER IS ADDITIONAL INSURED - DESIGNATED PERSON/ORGANIZATION, CG T4 91 - CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGFNTS, 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 L 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 ./IL--,.-, ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 17 TRAVELERS J ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 03 06 (01) — 001 POLICY NUMBER: (IJUB-1329R33-1-11) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 1.000 % OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DIJE ON SUCH REMUNERATION. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION CITY OF NATIONAL CITY CONSULTING DATE OF ISSUE: 03 -31-11 ST ASSIGN: 18 TRAVELERS) One Tower Square, Hartford, Connecticut 06183 CHANGE ENDORSEMENT NSURING COMPANY: TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA Named Insured: PROJECT PROFESSIONAL CORP Policy Number: I-680-9688P418-ACJ-11 Policy Effective Date: 05-10-11 Policy Expiration Date: 05-10-12 Issue Date: 08-16-11 Premium $ NIL Effective from 05-10-11 at the time of day the policy becomes effective. THIS INSURANCE IS AMENDED AS FOLLOWS: TRANSACTION EFFECTIVE DATE IS AMENDED TO 08/11/2011 ADDITIONAL INSUREDS ARE ADDED TO THE POLICY AS PROVIDED UNDER THE ATTACHED ENDORSEMENT(S): CG T4 91 THE FOLLOWING FORMS AND/OR ENDORSEMENTS IS/ARE INCLUDED WITH THIS CHANGE. THESE FORMS ARE ADDED TO THE POLICY OR REPLACE FORMS ALREADY EXISTING ON THE POLICY: CG T4 91 11 88 NAME AND ADDRESS OF AGENT OR BROKER Countersigned by AHERN INSURANCE BRKRG X0052 9655 GRANITE RIDGE DR STE 500 SAN DIEGO CA 92123 DATE: Authorized Representative IL TO 07 09 87 (Page 01 of 01) Office: ELMIRA N'' ^P" 19 POLICY NUMBER: I-680-9688P418-ACJ-11 EFFECTIVE DATE: 05-10-11 ISSUE DATE: 08-16-11 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL TO 07 09 87 CHANGE ENDORSEMENT IL T8 01 01 01 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS COMMERCIAL GENERAL LIABILITY CG T4 91 11 88 ADDL INSD-DESIGNATED PERSON/ORGANIZATION IL T8 01 01 01 PAGE: 1 OF 1 20 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: I-680-9688P418-ACJ-11 ISSUE DATE: 08-16-11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or organization: CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your acts or omissions. CG T4 91 11 88 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 21 A� " CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DO/YYYY) 5/9/2011 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 Michael Ehrenfeld Company 2655 Camino Del Rio North #200 San Diego CA 92108 CONTACT Ginni NAMHanna E (a"C PHONE ESU. (619) 683-9990 FAX IA/C, No): (619) 6 3-9399 MAIL nEs$: 4h@ehrenfeldinsurance. com EDDR INSURER(S) AFFORDING COVERAGE NAIL 8 INsuRERA:Continental Casualty Company 20943 INSURED Project Professionals Corporation 656 5th Ave., Ste. W San Diego CA 92101 INSURER B: INSURER C: INSURER D: INSURER E INSURER F • ---------'"'- "-"'--..'--- - --- -- me V IJIVr'NulYIDcI: 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 OH OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED HY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL INSR, SUER WVD POLICY NUMBER EFF (MMDDYP(YYYI POLICY EXP (MM`O0/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ PREMISES (Ea occurrence) CLAIMS -MADE f I OCCUR $ MED EXP (Any one person) PERSONAL $ & ACV INJURY $ GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER. — POLICY n 7 LOC $ AUTOMOBILE LIABWTY COMBINED SINGLE LIMIT fEa accident) $ A ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per person) $ A AUTOS AUTOS NON -OWNED BODILY INJURY (Per accideng $ H HIRED AUTOS _ AUTOS PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB — OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE $ AGGREGATE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y (N 1 WC STATU- I IOTH- 1 [ORY I IMITS FR ANY PROPRIETOR/PARTNER/CXECU IIVE r OFFICER/MEMBER EXCLUOFD, f_ J N I A E.L. EACH ACCIDENT $ (Mandatory In NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability Claims -made/$10,000 ded. MCA288328552 5/10/2011 5/10/2012 per claim limit $1,000,000 aggregate rimll $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Certificate holder is named additional insured as respects the operations of the named insured. CANCELLATION City of National City, its elected officials, officers, agents and employees Attn: Barby Tipton 1243 National City Blvd. National City, CA 91950 ACORD 25 (2010/05) 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 David Jacobson/GLH ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 (201005)01 The ACORD name and logo are registered marks of ACORD 22 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. Byron Wade Project Professionals Corporation 656 Fifth Avenue, Suite W San Diego, CA 92101 Dear Mr. Wade, On January 10th, 2012, Resolution No. 2012-4 was passed and adopted by the City Council of the City of National City, authorizing execution of an Agreement with Project Professionals 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.