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Home My WebLink About2014 CON Project Professionals - Project Support Services CIP ProgramAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONALS CORPORATION THIS AGREEMENT is entered into this 15th day of April, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Project Professionals Corporation, a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, the CITY has determined that the CONSULTANT is a general engineering and 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, TI-IEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall 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", including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and legal support for public works contracts and/or disputes. 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 specified 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 1 City's Standard Agreement —2011 revision 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 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Byron S. Wade, President/CEO, 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 $1,500,000 (the Base amount) without prior written authorization from the Project Coordinator. 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 WORN. 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. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on April 15, 2014. The duration of this Agreement is for the period of April 15, 2014 through April 14, 2016. With mutual agreement of the parties, this Agreement may be extended for an additional period of up to one year, through April 14, 2017. 2 City's Standard Agreement —2011 revision 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, 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 CONTRACTOR. 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 employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 3 City s Standard Agreement-2011 revision 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 or the CONSULTANT'S agents, servants, or employees are not 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, 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. 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. 4 City's Standard Agreement —201 I revision 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 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 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. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 5 City's Standard Agreement —2011 revision 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. INSURANCF,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 checked 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"). The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. 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. 6 City's Standard Agreement —2011 revision G. Insurance shall be written with only California admitted companies that 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. H. 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. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the 7 City's Standard Agreement-2011 revision 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 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 8 City's Standard Agreement —2011 revision To CONSULTANT: Byron S. Wade President/CEO Project Professionals Corporation 4499 Ruffin Road, Suite 250 San Diego, CA 92123 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 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 9 City's Standard Agreement —2011 revision 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. 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. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. 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. 10 City's Standard Agreement —2011 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY n Morrison, Mayor PROJECT PROFESSIONALS CORPORATION By: ade, President/CEO anne Wade, FO 11 City's Standard Agreement —2011 revision EXHIBIT A PROJECT P ROFLSEIONAL5 CORPORATION Feb. 24, 2014 Stephen Manganiello Director of Public Works/City Engineer City of National City Department of Engineering & Public Works 1243 National City Blvd. National City, CA 91950 RE: Request for Qualifications for National City's Capital Improvements Program Dear Mr. Manganiello, Please accept this Statement of Qualifications in response to your Request for Qualifications for on -call support services for National City's Capital Improvement Program due on Feb. 24, 2014. Headquartered in San Diego, Project Professionals Corporation is a local engineering and project/construction management firm with staff that has built a 30-year track record of delivering successful capital improvements projects. Our highly experienced project and construction managers, engineers, inspectors, and administrators will work collaboratively with your team, and the appropriate community stakeholders, to ensure the successful completion of your projects. Although PPC is quickly growing into a mid -sized firm with even greater capabilities, National City staff will always have direct access to our firm's leadership, while also providing a responsive and agile team that can manage large projects and react quickly to changing project dynamics. PPC's unique experience and project management approach combine a strong legal background based in contract law, decades of experience and thoughtful value engineering to successfully manage capital improvement projects. PPC submits this Statement of Qualifications for the following services and general services: 1. Project management 2. Construction management and inspections (including certified payroll) 3. Communications and Community outreach 4. Engineering and contract management (including technical analysis, studies, reports and presentations, PS&E, QA/QC, value engineering, bidding, response to RFI's, construction support, and preparation of record drawings.) 5. Plan reviews 6. Constructability reviews 4499 RUFFIN ROAD, SUITE 250 ProjectProfess!onalsCorp.com TELEPHONE 858.534.8 1 80 SAN DIEGD, CALIFORNIA 921 23 FACSIMILE 858.634.81 84 Project Professionals Corporation National City Request for Qualifications 7. Project tracking and progress reports 8. Annual contract document updates 9. Representation and/or negotiation on behalf of the city in joint powers agreements, joint maintenance agreements, bid protest hearings, subcontractor substitution hearings, inter- agency disputes, and any other time or place that the city engineer would need PPC's expertise 10. Analysis and system set up for contracting and purchasing services and goods As president/CEO of PPC, I have personally built my reputation over the last 25 years as "the guy that gets projects built." Often tasked with the most difficult projects, at PPC we always find ways to make a project successful. I am a California licensed and practicing attorney specializing in construction contract drafting, dispute resolution and litigation. For 20 years I brought these skills and knowledge to bear for the benefit of my clients and continue to do so at PPC. My reputation in the legal community is best summed up by Chula Vista's former City Attorney Bart Miesfeld. "Mr. Wade is intelligent, personable and approaches each litigation task in an efficient yet thorough manner. His deep understanding of government defense law and of how public entities operate sets him apart from other outside attorneys hired by my office," said Miesfeld. Vice President Roberto Saucedo, a professional engineer, brings more than 30 years of experience in delivering capital improvement projects for Chula Vista, Centre City Development Corporation and National City. Saucedo developed key relationships with all the regional regulatory and transportation agencies through cooperative efforts on countless projects. Saucedo also has special institutional knowledge about National City as its previous director of public works. We are thankful to National City for the trust it has placed with us over the years to represent the City and to deliver its projects. We personally feel a sense of loyalty to National City and strongly wish to continue this successful and gratifying relationship over the term of its next on -call contract. Thank you for your consideration and this opportunity to bring PPC's level of service to National City. We look forward to discussing our proposal with you. Sincerely, Byron S. Wade President/CEO 4499 RUFFIN ROAD, SUITE 250 ProjectProfessionalsCorp.com TELEPHONE 858.634.8 1 80 SAN DIEGO, CALIFORNIA 921 23 FACSIMILE 858.634.81 84 3. Contact Information a) Project Professionals Corporation 4499 Ruffin Road, Suite 250 San Diego, CA 92123 b) Project Professionals Corporation (PPC) is a California "S" Corporation c) PPC currently has one office in San Diego at 4499 Ruffin Road, Suite 250. This office will provide the services described in this SOQ. d) Contact: Byron S. Wade President/CEO Project Professionals Corporation 4499 Ruffin Road, Suite 250 San Diego, CA 92123 Office: 858-634-8180 Cell: 619-244-3418 Email: byron@projectprofessionalscorp.com 7 4. Team Organization and Key Personnel Introduction: Project Professionals Corporation is a civil engineering and project/construction management firm with a proven track record of success for every type of capital improvement project. We offer a full spectrum of services backed with years of hands-on experience to help our municipal clients achieve their project goals. For the on -call project support services for the City of National City's Capital Improvement Program, PPC is assigning 14 team members, which includes decades of experience in project management, engineering, communications, legal and finance. We feel this level of staffing will give us the flexibility and experience to provide the services proposed. Byron Wade will serve as the overall project manager and primary consultant for the City of National City's Department of Engineering & Public Works. Underneath Byron, PPC's team has extensive experience working on capital improvement projects in National City and other municipalities in San Diego County. Below you will find detailed information about the assembled team, including a description of experience, recent professional activities, education, licenses and certificates related to capital improvement projects. Name: Byron Wade Project Role: President/CEO Overview Byron Wade is the president/CEO at PPC and brings more than 25 years of experience managing and delivering numerous successful capital improvement projects for municipal governments and agencies throughout the San Diego region. Byron's core strengths are his knowledge, education and experience working on the legal, project management and regulatory components of projects. He emphasizes the importance of strong communication and has developed a team that excels at communicating with both clients and stakeholders about complex projects in a succinct and logical manner. Byron's strong track record of successfully completing tough projects and avoiding legal pitfalls provides clients with a project manager who finds innovative ways to solve problems and successfully complete capital improvement projects. His legal background brings a rare specialization in the practice of construction contract drafting, dispute resolution and litigation. Byron leads PPC's team of professionals in a hands-on manner, which ensures consistent project quality, clear communication through all project phases and client satisfaction. 8 Related Professional Experience Over the last 10 years Byron has managed almost all of National City's CIP projects and many of Centre City Development Corp. projects. Principal and project/construction manager for municipal and local government agency capital improvement projects in the San Diego region. Provided oversight for a staff of six professionals and successfully led the transition of Wade & Associates into PPC. • City of Chula Vista, project manager— Managed project development process and provided oversight for inspection team for the construction of city capital improvement projects Education/Licenses/Certificates: • Western State University, Bachelor of Art, Law • Thomas Jefferson School of Law, Juris Doctorate • Licensed California attorney Name: Leanne Wade Project Role: Treasurer/CFO Overview For nearly 15 years Leanne Wade has provided budget and financial oversight for multi -million dollar corporations and municipal governments in San Diego. For the last three and a half years, she has led the financial management and human resources divisions at PPC. Leanne has a keen understanding about budgets, account payables, account receivables and payrolls surrounding capital improvement projects for cities and their contractors. With financial oversight experience in both private and public sectors, Leanne recognizes the challenges, and appreciates the importance of ensuring accurate accounting and financial reporting for federal, state and local levels of government. She is knowledgeable in the budget reporting requirements for municipal governments, and she understands the synergy between cash flow operations, municipal borrowing mechanisms, investment market considerations and credit ratings. Related Professional Experience • San Diego County Water Authority, Controller — Total revenues in excess of $385 million, payroll for 300 employees • City of El Cajon, Accounting Operations Manager —Total revenues in excess of $80 million, payroll for 700 employees • City of Chula Vista, Senior Accountant — Total revenues in excess of $130 million, payroll for 1,400 employees Education/Licenses/Certifications • San Diego State University, Bachelor of Science, Accounting • California Certified Public Accountant 9 Name: Michael J. McDonnell, Esq. Project Role: Special Projects Overview Michael J. McDonnell has been a senior project manager with Wade & Associates since 2009, and is now in the same position with PPC. McDonnell provides project management services for municipal construction projects from the design stage through construction. McDonnell has a keen understanding about managing projects that involve resurfacing, streetscape, park improvements, and traffic related projects. His primary duties include addressing construction claims, conducting project meetings, and acting as liaison between contractors and government employees. He also has significant experience with the financial and regulatory sides of public improvement projects. McDonnell is knowledgeable about invoice processing, verifying certified payroll, and ensuring that project construction, completion, and entity acceptance are in compliance with public entity standards and the California public contract code, civil code, and labor code. McDonnell is a licensed, practicing California attorney since 2008 with experience in litigation and construction contracts. Related Professional Experience • Marina Gateway Streetscape, National City, project manager • Street Resurfacing, National City, project manager • Safe Routes to School II, National City, project manager • Various assignments for National City including: o WI-TOD Brown Field team management o Contract specification drafting for state and federal program compliance o Sweetwater River Maintenance Agreement representation Education/Licenses/Certificates • Arizona State University, Bachelor of Arts, Sociology • University of Florida, Levin College of Law, Juris Doctorate • Licensed California attorney Name: James Biasi, P.E. Project Role: Senior Civil Engineer Overview As the senior engineer for PPC, Jim Biasi performs all constructability reviews for client projects, engineering review for the City of National City improvement plans and acts as project manager and 10 0 resident engineer for all public works improvement projects including sewer, dry utilities, signals, street improvements, parks and structures. Biasi has more than three decades of experience in the design, inspection and project management for capital improvement projects for municipal governments. As an engineer at the City of Chula Vista, Biasi took his career from public works inspector to senior engineer overseeing the design and delivery of major public improvement projects. Blasi oversaw the installation of the majority of the subdivisions and right-of-way improvements in eastern Chula Vista with an estimated project value exceeding $500 million. He managed and inspected major development aspects such as mass grading, storm drains, sewers, arterial roadways, freeway connections, dry utilities, retention dams and parks. Biasi joined PPC in 2009 and brings a full career of knowledge and expertise working on municipal capital improvement projects. Related Professional Experience • Marina Gateway Project, National City, Resident Engineer and Inspector • National City Parks ADA Upgrades, National City, Design Engineer, Resident Engineer and inspector • El Toyon Sport Field, National City, design engineer, resident engineer and inspector • 8th Street Utility Relocation and Sewer Upgrades, National City, resident engineer and inspector • 8th Street Smart Growth Improvements, National City, resident engineer and inspector • 8th Street Safety Enhancements, National City, resident engineer • Community Corridors Improvement Project, National City, resident engineer Education/Licenses/Certificates California Licensed Professional Engineer Name: Roberto Saucedo, R.C.E Project Role: Principal Civil Engineer Overview Roberto Saucedo is a professional civil engineer and construction project manager with 35 years of experience working on capital improvement projects in the San Diego community. Saucedo has a proven record providing leadership, direction and technical expertise in the management of public works contracts and projects. He has managed, planned and supervised more than 200 public works contracts including construction of major flood control facilities, fire stations, parks, parking garages, gyms, prime arterials, street lights, sewers, and neighborhood street improvements. 11 Saucedo's background includes leadership roles in the public works divisions of cities in southern San Diego, which gives him a keen understanding about the history of development in National City's neighborhoods. Saucedo places high value on strong communication between contractors, stakeholders and community members regarding infrastructure improvement projects that have an impact on quality of life. Cooperation and consensus between engineering and operations divisions, facilitating communications and interactions, and holding numerous cross -functional meetings are critical for successful project delivery. Saucedo has a track record of accomplishment in the field of public works engineering, infrastructure construction and maintenance practices, land use codes and regulations and finding consensus on projects in the San Diego community. Saucedo is a results -oriented, decisive leader with a passion for his job, career and community. Related Professional Experience • PPC — Vice President and Principal Civil Engineer • City of National City, Director of Public Works — Managed a $10 million budget and 52 full-time employees responsible for the maintenance of the city's public works infrastructure • Centre City Development Corporation, Public Works Senior Project Manager — Managed public works contracts and assisted with private developments. Planned, supervised and managed major public works projects. Analyzed complex proposals for cost, benefit and feasibility. Prepared reports and acted as the corporation's field representative. • City of Chula Vista, Senior Civil Engineer — Managed the construction inspection, survey and design sections consisting of a team of 28 engineers/technicians/surveyors in the city's engineering department. Education/Licenses/Certifications • San Diego State University, Bachelor of Science, Civil Engineering • California Licensed Professional Engineer Name: Derrick M. Anderson Title: Senior Civil Engineer Overview For more than 23 years, Derrick Anderson has performed in various project management and engineering capacities on capital improvement projects. He understands what it takes to successfully oversee major public infrastructure improvement projects in the San Diego region. While working at the City of San Diego, Anderson managed aspects of the Petco Park infrastructure improvement project. As part of the construction phase of Petco Park, Anderson performed project 12 scheduling and budget estimating, and he also managed demolition and soil remediation contracts and coordinated efforts with ancillary developers and urban designers. Having worked in both the private and public sectors on capital improvement projects, Anderson recognizes how to achieve and maintain strong working relationships between municipalities and contractors. During his accomplished career, Anderson has worked with government organizations such as the North County Transit District, the City of San Diego, County of San Diego, Port of San Diego and various cities such as the City of Poway and the City of National City. Related Professional Experience • National City Aquatic Center, National City, Project Manager • 8th Street Safety Enhancements, National City, Resident Engineer • 2100 and 2020 Hoover Avenue Site Remediation and Demolition, National City, project anager Education/Licenses/Certificates • San Diego State University, Bachelor of Science, Civil Engineering • California Licensed Professional Engineer Name: Josh Johnson Project Role: Assistant Engineer/Project Manager Overview Josh Johnson brings nearly four years experience to the PPC team as an assistant engineer and project manager. More specifically, Johnson's work in environmental engineering brings unique knowledge about remedial system design, installation and monitoring, soil and groundwater site assessment and investigation. He has successfully performed soil and vapor sampling, well installation and abandonment, and logging of soils and groundwater sampling. Johnson has experience writing technical documents associated with environmental engineering, such as water pollution control plans, work plans, phase I and phase II environmental assessment reports, quarterly reports and permits. Johnson is also knowledgeable in the field of renewable energy applications; including the design of photovoltaic modules and solar thermal layouts for residential and commercial projects. Related Professional Experience • 8th Street Smart Growth and Revitalization Project, National City, project manager • Community Corridors Improvement Project, National City, project manager • 8th Street Safety Enhancements Project, National City, project manager 13 Education/Licenses/Certifications • San Diego State University, Bachelor of Science, Civil Engineering • 40-Hour OSHA Health & Safety certification • 8-Hour OSHA Health & Safety annual update certification, 2013 • Engineer -in -Training certification Name: Vinnie Aguelo Project Role: Assistant Engineer/Project Manager Overview Vinnie Aguelo is a project manager at PPC, assisting the team on capital improvement projects with municipal governments. Aguelo performs field visits to ensure construction work is being conducted according to local regulatory standards. He is responsible for ensuring consistency between contractor, planner and engineering work and project specifications, local standards and drawings of capital improvement projects. Aguelo also has experience preparing engineering documents such as RFIs, change orders, submittals and project invoices. Prior to joining the PPC team, Aguelo was an engineering intern for the City of National City's engineering department where he helped prepare contracts, service agreements and notices of completion. While working for the City of National City, Aguelo also organized project specifications in accordance with hazard mitigation plans and EPA standards. Related Professional Experience • 1726 Wilson Avenue Site and Tentative Improvements, National City — Project manager • Public Works Relocation — Project manager Education/Licenses/Certificates • University of California, San Diego, Bachelor of Science, Structural Engineering • Engineer -in -Training certification Name: Juan Cesena Project Role: Public Works Inspector Overview Juan Cesena has 27 years of technical field experience in construction materials testing, management and engineering in the United States and Mexico. Specifically, Cesena has six years of experience as the owner or top executive for construction inspection companies. Cesena has experience managing project quality control programs including, but not limited to on -site testing and inspection, submittal 14 review, and quality assurance. He serves as a senior public works inspector through all phases on commercial, local, state and federal construction projects, including ADA compliance, street rehabilitation and labor compliance regulations. Cesena has a keen understanding about the payment schedule process, such as budget control records, progressive payments, materials quantity control daily reports and record keeping. He is well versed in SDSRD, Green book and local municipal requirements for capital improvement projects. Related Professional Experience • Coolidge Avenue, D Street and 4th Street Pedestrian and Roadway General Improvements Project, National City, public works inspector — Managed all construction quality control, subcontractor coordination, traffic control, code violation and payroll and labor oversight • San Ysidro Port of Entry Phase 1b Redevelopment Project, San Ysidro, supervisor — Managed multiple technicians during all earthwork elements, and major pavement construction including onsite and offsite driveways, parking lots, and base streets • Two story development project at National City Middle School — Sweetwater High School District, public works inspector — Provided inspection and field oversight for concrete and soils inspection and technician oversight • Street Paving and Sidewalk Rehabilitation Program, National City, public works inspector — Managed all construction quality control, subcontractor coordination, task order, change order management, inspection for direct acceptance or rejection of all work, traffic control, code violation, and contractual oversight, including certified payroll and labor force oversight and management Education/Licenses/Certificates • San Diego State University, Adult Education Program • Radiation Safety & Use of Nuclear Gauge (CPN & Troxler) Name: Gilbert Valdez Project Role: Public Works Inspector Overview Gilbert Valdez is an accomplished and results -oriented project management professional. With nearly 30 years of experience, Valdez has developed the capabilities to orchestrate the inspections process for high -paced operations in all aspects of land development, road construction, building construction and engineering. Valdez has extensive familiarity in organizational administration, resource management, and contract negotiations. He has a record of achievement on inspections for high profile projects, providing leadership, supervision and motivational expertise to ensure streamlined operational success. 15 0 Valdez has a strong ability to overcome challenging issues associated with capital improvement projects and has exceptional communication skills. Valdez can speak fluently in English and Spanish. Related Professional Experience • Drainage Improvement Project, National City — Installation of drainage facilities • Annual Street Resurfacing Project, National City — $2.9 million asphalt overlay project • KB Homes community development projects, Imperial, San Diego and Riverside counties — More than 10 development projects valued at $62 million • Master -planned community projects, City of Chula Vista — Inspection services for developers, including hazardous material abatement, archaeological and paleontological mitigation, infrastructure development compliance and landscaping • Pacific Coast Communities master -planned community development projects, City of San Diego — Managed projects for all aspects of site development, grading, storm drains from pre -construction to final occupancy • Brookfield Homes new home communities, City of San Diego — Managed projects for all aspects of site development, including structures, playgrounds, pools, grading, storm drains, wet and dry utilities, streets, landscaping and parks o Note: Gilbert was hired to complete a high -end, problematic project that had been through four superintendents and had a history of delays. Gilbert finished the project phases on schedule until completion. Education/Licenses/Certificates • Cal -OSHA Safety & Traffic Control • Confined Space Entry and Fall Protection • Cal -Trans SWPPP • Franklin Covey 7 Habits & Focus Name: Michael Donald Project Role: Communications Overview Mike Donald joined PPC in January as the firm's communications director. Donald brings nearly 18 years experience creating and implementing strategic communications plans. He has extensive experience in graphic design, web development and social and traditional media outreach. Donald has spearheaded both internal and external corporate communications programs and he understands how to effectively communicate with target audiences using multiple media platforms. With capital improvement projects, impacted stakeholders have the ability to send and receive information about projects on multiple levels across many mediums. Donald provides PPC with the experience and 16 capability to harness technology to benefit residents, government entities and contractors involved in capital improvement projects. Related Professional Experience • 3-Amp Media, Inc., Visalia and San Diego, owner • Outreach, Inc., Visalia and Colorado Springs, graphic designer and consultant • Neighborhood Church, Visalia, communications director • Vantage Technology Group, Visalia, project manager and web designer • Stone Ministries, Inc., Visalia, systems administrator Name: Anna Schulte Project Role: Project/Administration Manager Overview Anna Schulte is an administrative specialist at PPC with more than 12 years experience supporting project managers in various capacities on capital improvement projects. Schulte is familiar with managing aspects of construction projects including communications, regulatory requirements, government audits, payroll and labor compliance. Schulte has performed duties on municipal construction projects such as coordinating staff schedules to ensure all projects follow appropriate guidelines according to state and federal law. She also has experience representing PPC and municipalities in federal and state audits. Schulte also has experience as the lead payroll compliance officer on projects and acting as the liaison between projects managers and labor compliance officers when necessary. Related Professional Experience • Amadeus Fire Temporary Staffing Service, Frankfurt and Berlin, Germany — Provided administrative duties for several large clients including Paul Hastings (law firm), German national toll revenue collection service and H. Stern (jewelers) • Mute Records, London, England — Provided administrative and bookkeeping duties for the company including annual budget development, recordings, lease agreements and general office management Education/Licenses/Certificates • University of Westminster, London, Master of Arts, Audio Production • Liverpool Institute for Performing Arts, Liverpool, England, Bachelor of Arts in Performing Arts 17 4b. Organizational chart $iasi,PE Senior Civil Engineer Josh Johnson,PlT' Assistant Engineer Juan Cesena Public Works Inspector PPC Organizational Chart ltiichael McDonnell, Esq Special Projects Derrick Anderson, PE Senior Civil Engineer rinnie Aguelo, £tr Assistant Engineer Gilbertvaldez Public Works Inspector Anna'+Stiu►te" Project/Ad m in Manager tlayeta Rivas Administrative Assistant 18 Mike Donald Communications -Leanne Wade, CPA Treasurer/CFO Roberto Saucedo, RC€ Principal Civil Engineer lblaria'Ramirez Engineering intern 5. Experience and Technical Competence a. Project Professionals Corporation will provide services in the following disciplines and general services: • Project management • Construction management & inspections (including certified payroll) • Communications and community outreach • Engineering and contract management (including technical analysis, studies, reports and presentations, PS&E, QA/CIC, value engineering, bidding, response to RFI's, construction support and preparation of record drawings.) • Plan reviews • Constructability reviews • Project tracking and progress reports • Annual contract document updates to incorporate changes in the law, new construction materials, methods and procedures, Greenbook supplements and new editions, updates and new state and federal regulations and forms, and new City of National City regulations and requirements • Representation and/or negotiation on behalf of the city in joint powers agreements, joint maintenance agreements, bid protest hearings, subcontractor substitution hearings, inter- agency disputes and any other time or place that the city engineer would need PPC's expertise • Analysis and system set up for contracting and purchasing services and goods PPC is especially knowledgeable in managing state and federally funded projects. With our strong reputation and relationships with state and federal regulators and auditors we are in the best position to keep the City of National City's state and federal projects in compliance. This will also benefit the City of National City on future grant applications. PPC will accomplish this by performing each of the following tasks with its project team to ensure compliance with specific state and federal regulations: • Review each project's scope • Provide oversight and management of the design engineering team to keep the project within scope and budget, and meet all filing and application requirements and deadlines • Draft all contracts documents to meet each state and federally funded project specific requirements • Oversee and manage the bid process • Determine DBE compliance when required • Chair hearings and make recommendations on rulings for bid protest disqualifications 19 • Manage, inspect and document the project • Negotiate and draft change orders • Keep the master project file • Attend and lead audits • Keep record drawings • Complete project close-out We believe that PPC has earned the City of National City's trust as well, and feel confident that the City of National City can move forward with PPC at the helm of these projects with minimal oversight. 20 b. Matrix Discipline and General Services Matrix Staffing ; lask PROJECT MANAGEMENT CEO Assist city engineer in determining scope and funding of projects CEO, PM, AS Prepare PowerPoint and other reports for presentation for Council, committees and stakeholders CEO, PM Coordinate, prepare agenda and chair stakeholder meetings CEO Assist in or present project information to Council and Committees PM Create, track, update and distribute project schedule _ PM Create, track and update the design and bid schedule PM Coordinate with other agencies and entities as required PM Coordinate with other City departments as required PCE/CE Review plans and technical specifications for constructibility and conformance with design standards and best practices CEO/PM Prepare boilerplate to fit each project whether local, state or federally funded PM Ensure that pre -bid documents are complete and in place to receive state or federal funds PM Assist in obtaining permits as required by other departments or agencies AS Prepare project files for conformance with local, state or federal requirements CEO/CE/PM Assist city engineer or act on behalf of the city engineer on all reporting requirements to Council, committees, stakeholders, other agencies, utilities, and other city departments CEO/PM Prepare all bid documents as required for local, state and federally funded projects AS Process bid documents with e-bid boards CEO/PM/AS Prepare agenda, coordinate and chair pre -bid conferences CEO/PM Process and answer requests for information during the bid process CEO/PM/AS Prepare and issue addenda and clarifications during the bid process CEO/PM/AS Qualify apparently low bidder for responsibility, responsiveness, compliance with DBE requirements and other state and federal requirements if required CEO Recommend lowest responsive and responsible bidder to City Engineer for award CEO Field and respond to all bid protests CEO Attend all bid protest hearings and make recommendations to the City Engineer CEO Prepare all orders and correspondence for the City Engineer as to all bid matters CEO/PM Prepare talking points for the City Engineer to use at Council meeting CONSTRUCTION MANAGEMENT & INSPECTIONS CEO/PM/AS Prepare agenda and relevant documents for pre -construction meeting AS Coordinate pre -construction meeting CEO Chair pre -construction meeting CEO/CE/PM/AS Attend pre -construction meeting PM Review and approve or reject project schedule and updates AS Prepare construction master file in accordance with local, state or federal requirements PWI Provide site inspections of construction improvements for conformance with plans and specifications PWI Provide daily reports on the work progress, manpower, equipment, materials, discussions, safety issues, traffic control, acceptance and rejection of improvements, changed or unforseen conditions, change order work, force account work, design changes, field orders and any other information necessary to enable the reader to fully understand the project progression and to be in conformance with state and federal regulations 21 Discipline and General Services Matrix PWI Keep record drawings (as-builts) PWI, PM, CD Communicate schedules, issues and coordination with adjacent business, residents, schools, churches, Navy complex, MTS, trash and City departments including fire, police and public works PM Process submittals to design engineer as required CE/PM Review and approve or reject submittals as required PM Keep a submittal log and insure timeliness of answers PM Review and process Requests for Information (RFI) CEO/CE/PM Answer RFIs as required PM Keep RFI log and insure timeliness of answers PM Prepare agenda and chair weekly construction progress meeting CEO/CE/AS Attend weekly progress meeting as required PWI Measure and estimate quantities for payment PM Verify quantities for payment and prepare billing statement and invoice coversheeet CE/PM/PWI Make recommendations and coordinate design changes CEO/PM Negotiate change orders PM Prepare and process change orders AS Keep all project files in conformance with local, state or federal requirements as needed AS Keep in coordination with local assistance for latest project audit and regulatory requirements and insure project master file is complete CE Lead all state or federal audits PM/AS Attend all state or federal audits PWI Measure and calculate final quantities PM Verify final quantities CFO Audit final project accounting, payments and quantities PM/AS Coordinate final walk-through with contractor, management staff, city engineer, city department stakeholders and other required attendees CEO/CE/PM/PWI Attend final walk-through and make recommendation for acceptance, punchlist items and rejected items PM Draft final punchlist PWI Inspect the completion and correction of final punchlist items PM Ensure that all project -related permits are signed off PM Facilitate the turnover of the facility, improvements, manuals, training, warranties and other required actions or documents for acceptance of the project PM Prepare and coordinate the execution of turn -over documents PM Prepare final accounting and change order PM Prepare and process final and retention billing statement, invoice coversheet and notice of completion AS Coordinate grand opening if required PM/AS Prepare final master file and other required documents and deliver to the City for archiving ENGINEERING & CONTRACT MANAGEMENT This funtion falls within the project management discipline above as described PLAN REVIEWS PCE/CE Review and re -review as necessary civil engineering drawings for conformance with design standards, completeness, compliance with ADA and other regulations and best practices 22 Discipline and General Services Matrix PCE/CE Prepare edit notes and comments for resubmittal PCE/CE Stamp approved plans as RCE or CE as "reviewed by" on behalf of the city engineer CONSTRUCTABILITY REVIEWS CEO/CE Review and re -review as necessary CIP plans for constructability, identify issues and make correction recommendations CEO/CE Visit and review project site CEO/CE Identify issues and make recommendations for correction CEO/CE Meet with design engineer as necessary PROJECT TRACKING & PROGRESS REPORTS CEO/PM/CD Develop project tracking system and reporting procedures for all CIP projects PM/CD/AS Coordinate with all city project managers and engineers to gather all the data necessary for a complete tracking system data base necessary for accurate reporting CD/AS Input data, prepare discemination methods and execute tracking and reporting system CD/AS Keep tracking and reporting system information up to date COMMUNICATIONS & COMMUNITY OUTREACH CEO/CD Coordinate with the agency to determine the public message for each project and assignment CD Propose media outlets and methods to be used CD Set up accounts, web addresses, links and other techincal processes necesssary for the disceminiation of the information CD/PM/PWI Coordinate with project managers and inspectors for flow of information to be used CD Prepare data for web sites and other media outlets CD Create flow of information CD Update information on agreed upon frequency CD Process information requests outside of predetermined message CD Track use and effectiveness of each method and report to agency LEGEND CEO Chief executive officer CFO Chief financial officer CD Communications director PCE Principal civil engineer CE Senior civil engineer or civil engineer depending on the complexity of the project ACE Assistant engineer PM Senior project manager or project manager depending on complexity of the project PWI Senior public works inspector or public works inspector depending on the complexity of the project AS Administrative staff 23 PROJECI F'ROFr55IONFLS £DWPDNATFN Rate Schedule March 18, 2014 (rates effective until March 18, 2017) Title Hourly Rate Principal Project Manager $210 Senior Project Manager $180 Project Manager II $135 Project Manager I $110 Principal Civil Engineer $210 Senior Civil Engineer $180 Civil Engineer $135 Assistant Civil Engineer $110 CAD Operator $85 Communications Director $120 Senior Administrative Assistant $90 Administrative Assistant $75 Prevailing Wage Assignments: Title Prevailing Wage 1 % x OT 2 x OT Public Works Inspector $127 $168 $209 Mileage billed at current federal rate at time of billing. Letter size copies at $0.10 each. Tabloid copies at $0.20 each. Binders at $25 each. CD's at $5 each. All other miscellaneous expenses as directed by the City at cost plus 10%. No fees or mark-ups on subcontracted consultant work. 4499 Ruffin Road, Suite 250 ProiectProfessionalsCora.com telephone 858.634.8180 San Diego, California 92123 facsimile 858.634.8184 THE LAW OFFICE OF MICHAEL J. MCDONNELL March 14, 2014 Schedule of Rates Attorney: $175/hour Paralegal: $100/hour Administrative Assistant: $75/hour Mileage: Related Costs: Federal Standard Rate Actual Cost + 10% Handling 4499 Ruffin Road, Suite 225 San Diego, CA 92123 T: (858) 565-4421 F: (858) 565-4431 micha el@lawofficem cdannell.com 1vM THE LAW OFFICE OF MICHAEL J. MCDONNELL The Law Office of Michael J. McDonnell 4499 Ruffin Road, Suite 225 San Diego, CA 92123 T: (858) 565-4421 F: (858) 565.4431 mic},ael@lawnfficem cdonnell.com Prior to establishing The Law Office of Michael J. McDonnell, principal Michael J. McDonnell served as an associate attorney with the law firm of Googins Wade LLP and achieved partner at the firm of Wade & McDonnell LLP based on his consistent excellence in all aspects of legal representation. With these firms, Mr. McDonnell focused his practice on litigating construction, business, personal injury, and real property disputes on behalf of individuals, business entities, and government entities in state and federal courts. Our practice focuses on providing exceptional representation of owners, contractors, subcontractors, and material suppliers involved in public and private works disputes including services for contract drafting and review, bid preparation, bid disputes, subcontractor listing disputes, subcontractor substitutions, "or equal" substitutions, extra and disputed work claim preservation and documentation, change order preparation and review, delay and disruption claims, changed condition claims, additional compensation claims, late payment claims, breach of contract claims, stop notice actions, alternative dispute resolution, and litigation. Mr. McDonnell has more than five (5) years of experience providing consulting services to public entity clients for Capital Improvement Program (CIP) projects from the design stage through project completion and acceptance. Mr. McDonnell's project management experience includes contract administration, coordination with stakeholders, advising clients on public works practices and procedures, and aiding in the resolution of contract disputes. Mr. McDonnell is admitted to practice before all California state courts and the United States District Court for the Southern District of California. He received his J.D. from the University of Florida, Levin College of Law, with academic distinction on the Dean's List, in 2008. Before attending law school, Mr. McDonnell attended Arizona State University and received his B.A., magna cum laude, in 2004. a��, `- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/3/2014 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. 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INSR LTR TYPE OF INSURANCE ADD/ INSR SUBR NND POLICY NUMBER POLICY EI-F (MM/DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS B GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY SBP221085-2 03/26/2014 03/26/2015 EACH OCCURRENCE $ 2,000,„000 UAMAI�E UHLNILU PREMISES (Ea occurrence) $ 300,000 X I CLAIMS -MADE pi OCCUR MED EXP (Any oneperson) $ 10,000 $ Included PERSONAL BADVINJURY GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. jPOLICY .E TO- I—J LOC PRODUCTS - COMP/OP AGG $ 4,000,000 B AUTOMOBILE X LIABILITY ANYAUTO ALLOVVNED AUTOS HIRED AUTOS — X SCHEDULED SBP221085-2 03/26/2014 03/25/2015 COMBINED SINGLE LIMIT (Ea accident) 2000 000 $ r r BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident)$ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBERREXCLUDED? (Mandatory In NH) Ryes, describe under DESCRIPTION OF OPERATIONS below NIA A09468591 01/01/2014 01/01/2015 X I TORV LIMITWC STATU- I OTH- S ER 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 / VEHICLES (Attach ACOR D 101, Additional Remarks Schedule, if more space is required) As Respects operations of named insured CERTIFICATE HOLDER CANCELLATION City of National City Barby Tipton Contact Officer 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 REPRESENTATIV { f 4 ACORD25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A��'5,. RD CERTIFrATE OF LIABILITY INSC NCE 2Aai2o ate' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. AND CONFERS NO RIGHTS UPON THE CERTIFICATE EXTEND OR ALTER THE COVERAGE AFFORDED HOLDER. THIS BY THE POLICIES AUTHORIZED A CONTRACT BETWEEN THE ISSUING INSURER(S), IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(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 *2 00 San Diego CA 9210E CONTACT Ga NAME: il DBFalco PHONE Ems,. (619) 683-9990 Ira C, Nnl• (6191683-9999 nDess.gd@ehrenfeldinsurance.com INSURERIS) AFFORDING COVERAGE NAIC s INsuRERA:Continental Casualty Company 20443 INSURED Project Professionals Corporation 4499 Ruffin Road, Ste 250 San Diego CA 92123 INSURER B: INSURERC: INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:CL135836645 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED'ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO NMICH 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 MR LTR TYPE OF INSURANCE ADDL INER SUER wvn POLICY NUMBER POLICY EFF (MMIOD/YYYYI POLICY EXP IMMIDD/YYYYI LIMITS OENERALUABIUTY C COMMERCIAL GENERAL LIABILITY OCCUR EACH OCCURRENCE $ AMA" PREMISES(TEaEc NTr,gcel 3 MED EXP (My one person) $ PERSONAL a ADV INJURY S GENERAL AGGREGATE 3 GENE AGGREGATE LIMIT APPLIES PER 7 POLICY El iPppirn LOC PRODUCTS - COMP/OP AGG 3 $ AUTOMOBILE — — UABIUTY ANY AUTO AUTOS ED HIRED AUTOS _ AUTOS NON-OVMED AUTOS CCMBBINE° SINGLE LIMIT— 3 BODILY INJURY (Pon person) 3 BODILY BODILY INJURY (Par acc om) 3 PROPERTY DAMAGE (Per accde 1 S S _ UMBRELLA UAB EXCESS LIAB OCCUR CLAIMS -MADE/('... - o7 I ..7 n ' - ,: L., EACH OCCURRENCE 3 AGGREGATE 3 OEO I RETENTIONS 3 WORKERS COMPENSATION AND EMPLOYERS'WBIUTY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED, (Mandatory In NH) II yes deavms under DESCRIPTION OF OPERATIONS below N / A. I WC T CY I AMR. 1 IQ R. E.L EACH ACCIDENT 3 EL DISEASE - EA EMPLOYEE 5 E.L. DISEASE - POLICY LIMIT S A Professional Liability Claims made/$10,000 Ded HCH28938S52 5/10/2013 5/10/2014 par Claimuma $2,000,000 aware. Urea $2,0000,000 DESCRIPTION OF OPERATIONS / LOCATIONS l VEHICLES (Attach ACORD 10t, Additional Romanis Schedule. N more space Is required) As respects the operations of the named insured. CERTIFICATE 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 DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE David Jacobson/GATED .• "T �/ �rr✓t/ ACORD 26 (2010105) INS025 (2o10D5).o1 101988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RESOLUTION NO. 2014 — 49 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 $1,500,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING AND CONTRACT MANAGEMENT, CONSTRUCTION MANAGEMENT AND INSPECTIONS, PLAN REVIEWS, CONSTRUCTABILITY REVIEWS, COMMUNITY OUTREACH AND COMMUNICATIONS, AND LEGAL SUPPORT FOR PUBLIC WORKS CONTRACTS AND/OR DISPUTES WHEREAS, the Engineering Department issued Requests for Proposals to professional firms to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and legal support for public works contracts and/or disputes; and WHEREAS, 64 responses to the Requests for Proposals were received and reviewed, taking into consideration, among other things, past performance history, knowledge of the environment, the type of services offered, and the cost to the City; and WHEREAS, staff recommends Project Professionals Corporation to provide on - call project support services for National City's Capital Improvement Program; and WHEREAS, the City has determined that Project Professionals Corporation is qualified by experience and ability to perform the services desired by the City, Project Professionals Corporation is willing to perform such services for the not to exceed amount of $1,500,000 from April 15, 2014 through April 14, 2016. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of Project Professionals Corporation, and authorizes the Mayor to execute an agreement with Project Professionals Corporation in the not to exceed amount of $1,500,000 to provide on -call project support services for National City's Capital Improvement Program, including but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and legal support for public works contracts and/or disputes. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of April, 2QJ4. ATTEST: i_d4JAY u Mich el R. Dalla, Cit Clerk on Morrison, Mayor PROVED AS TO FORM: dia Ga"tua Silva ity Attorn Passed and adopted by the Council of the City of National City, California, on April 15, 2014 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios. Nays: Councilmembers Cano, Sotelo-Solis. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California i rt City C rk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-49 of the City of National City, California, passed and adopted by the Council of said City on April 15, 2014. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT \c- MEETING DATE: April 15, 2014 AGENDA ITEM NO. 20 .TEM 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 $1,500,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and legal support for public works contracts and/or disputes PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: ziP( FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funded through various CIPs, on an as -needed basis ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution c�� Explanation: The City's current 5-Year CIP is projected to deliver over $60 million in major public improvements. Approximately $25 million, or 40% of the CIP budget, is funded through active Federal, State and Regional "competitive" grants. Projects include corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of LID measures for treatment of urban runoff; ADA enhancements; park amenities; mechanical, electrical and HVAC upgrades to City -owned buildings; and affordable housing projects including infill transit -oriented development. In order to design, manage and deliver these projects on schedule and within budget, the Department of Engineering & Public Works advertised a Request for Qualifications (RFQ) for various engineering and construction support services on January 27, 2014. Additional services requested via the RFQ include plan and map reviews, preparation of plat & legal descriptions, sewer system management and financial administration, and environmental compliance involving stormwater, wastewater, FOG and HAZMAT. The RFQ was advertised on the City's Website, published in the Daily Transcript, and e- mailed to over 150 professional consultant firms. The Department received approximately 70 Statement of Qualifications (SOQs) from various firms, including Disadvantaged, Small and/or Minority Business Enterprises, by the February 24, 2014 deadline. Staff from the Department of Engineering & Public Works selected five firms based on qualifications for interviews. Based on the strength of their SOQ and interview, staff recommends executing an agreement with Project Professionals Corporation, for a not - to -exceed amount of $1,500,000, to provide on -call support services for National City's CIP projects, including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and legal support for public works contracts and/or disputes. Project Professionals Corporation has listed The Law Office of Michael J. McDonnell as a subconsultant to provide legal support for public works contracts and/or disputes. See Exhibit "A" for bios and fee schedules. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONALS CORPORATION THIS AGREEMENT is entered into this 15th day of April, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Project Professionals Corporation, a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, the CITY has determined that the CONSULTANT is a general engineering and 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 agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall 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", including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and legal support for public works contracts and/or disputes. 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 specified 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 1 City's Standard Agreement-2011 revision -1- 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 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Byron S. Wade, President/CEO, 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 $1,500,000 (the Base amount) without prior written authorization from the Project Coordinator. 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. FFFECTTVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on April 15, 2014. The duration of this Agreement is for the period of April 15, 2014 through April 14, 2016. With mutual agreement of the parties, this Agreement may be extended for an additional period of up to one year, through April 14, 2017. 2 City's Standard Agreement-2011 revision -2- 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda. Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, 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. JNDEPENDENT CONTRACTOR. 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 employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 3 City's Standard Agreement —2011 revision -3- 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 or the CONSULTANT'S agents, servants, or employees are not 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, 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. 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. 4 City's Standard Agreement —2011 revision -4- 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 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 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. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 5 City's Standard Agreement —2011 revision -5- 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. JNSURANCE. 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 checked 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"). The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. 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. 6 City's Standard Agreement —2011 revision G. Insurance shall be written with only California admitted companies that 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. H. 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. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the 7 City's Standard Agreement-2011 revision -7- 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 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 8 City's Standard Agreement —20I1 revision -8- To CONSULTANT: Byron S. Wade President/CEO Project Professionals Corporation 4499 Ruffin Road, Suite 250 San Diego, CA 92123 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. n 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 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 9 City's Standard Agreement —2011 revision -9- 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. 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. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. 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. 10 _10- City's Standard Agreement —2011 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY PROJECT PROFESSIONALS CORPORATION By: Bv: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney ade, President/CEO anne Wade, FO City's Standard Agreement —2011 revision CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/3/2014 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 pollcy(ies) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MILLIMAN INSURANCE 16516 Bernardo Center Dr #150 San Diego, CA 92128 INSURED Project Professionals Corp 4499 Ruffin Road Suite 250 San Diego, CA 92123 CONTACT NAME: Janelle Tenorio I inc, Np):858-451-2794 PHONE AA/C No, Ed): 858-487-9200 IoReSS:janelle.mmilliman@farmersagency.com INSURER(S) AFFORDING COVERAGE NAIC % INSURER A. Mid -Century Insurance Company INSURER a Sequoia Insurance Co A+ rated INSURER Cr INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER OD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IN9R W POLICY NUMBER (MDDIYYYY) MD (MMIDDTYYYY) LIMITS B GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY XI CLAIMS -MADE 1---1OCCUR SBP221085-2 03/26/2014 03/26/2015 EACH OCCURRENCE $ 2,000,000 PREMISES (Ea occurrence) $ 300,000 MED EXP (Any oneperson) $ 10,000 PERSONAL SiADV INJURY $ Included GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY O JECT pi LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ B AUTOMOBILE X LIABILITY ANYAUTO ALLOVVNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS SBP221085-2 03/26/2014 03/26/2015 COMBINED SINGLE LIMIT (Ea accident) 2t 000 00n $ r , BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED L RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYER ANY PROPRIETORIPARTNERIE(ECUTIVE (M n awry In NH) dyes, describe under DESCRIPTION OF OPERATIONS below Y/NI N/A A09468591 01/01/2014 01/01/2015 X ITORV LIMITS I IOTH El, 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 /VEHICLES (Attach ACORD 101, Additional Remarks Schedule,:( more space is required) As Respects operations of named insured CERTIFICATE HOLDER CANCELLATION City of National City Barby Tipton Contact Officer 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 REPRESENTATIV q • © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD25 (2010/05) The ACORD name and logo are registered marks of ACORD -12- EXHIBIT "A" MZEONSIMIEXECIEMESIEMINI Feb. 24, 2014 Stephen Manganiello Director of Public Works/City Engineer City of National City Department of Engineering & Public Works 1243 National City Blvd. National City, CA 91950 RE: Request for Qualifications for National City's Capital Improvements Program Dear Mr. Manganiello, Please accept this Statement of Qualifications in response to your Request for Qualifications for on -call support services for National City's Capital Improvement Program due on Feb. 24, 2014. Headquartered in San Diego, Project Professionals Corporation is a local engineering and project/construction management firm with staff that has built a 30-year track record of delivering successful capital improvements projects. Our highly experienced project and construction managers, engineers, inspectors, and administrators will work collaboratively with your team, and the appropriate community stakeholders, to ensure the successful completion of your projects. Although PPC is quickly growing into a mid -sized firm with even greater capabilities, National City staff will always have direct access to our firm's leadership, while also providing a responsive and agile team that can manage large projects and react quickly to changing project dynamics. PPC's unique experience and project management approach combine a strong legal background based in contract law, decades of experience and thoughtful value engineering to successfully manage capital improvement projects. PPC submits this Statement of Qualifications for the following services and general services: 1. Project management 2. Construction management and inspections (including certified payroll) 3. Communications and Community outreach 4. Engineering and contract management (including technical analysis, studies, reports and presentations, PS&E, QA/QC, value engineering, bidding, response to RFI's, construction support, and preparation of record drawings.) 5. Plan reviews 6. Constructability reviews 4499 RUFFIN ROAD, SUITE 250 SAN DIEGO, CALIFORNIA 921 23 ProjectProfessionalsCorp.com TELEPHONE 858.634.8180 FACSIMILE 858.634.8184 -14- �1 e ACORD CERTIF; 'ATE OF LIABILITY INS( ANCE DATE (MMMDryyyy) 2/4/2014 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(8), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: B the certificate holder Is an ADDITIONAL INSURED, the pollcy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the teens 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 Gail DeFalco NAME: Me E.n• (619) 663-9990 1 Fl6/C. No): (619)683-9999 EMAIL gd@ehrenfeldinsuranee.cam INSURERIS)AFPORDING COVERAGE NAIL INSURER A:Continental. Casualty Company 20443 INSURED 'Project Professionals Corporation 4499 Ruffin Road, Ste 250 San Diego CA 92123 INSURER e : INSURER O : INSURER D : INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:CL135B36645 REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POL CY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS MR LTR TYPE OF INSURANCE ADDL INmR SUBR wl/D POLICY NUMBER POLICY EFF IMLBDDIYYYYI POLICY EXP NMMfDDNYYY1 LIMITS GENERALUA8ILITY — COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAGE l RENTED PREMISES R NTED al 3 CLAIMS -MADE El OCCUR MED EXP (My ono mason) 3 PERSONAL 4 ADV INJURY 3 GENERAL AGGREGATE S �GEENT. AGGREGATE LIMIT APPLIES PER I POLICY 17 I In l-1 LOC PRODUCTS - COMP/OP AGG 5 S AUTOMOBILE — LIABILITY ANY AUTO ALL AUTOS OWNED HIRED AUTOS _ — AUTOSU�O NON -OWNED AUTOS /ET. COMBacINED SINGLE LIMIT— I S BODILY INJURY (Par penal) S BODILY INJURY (Per aacdont) 5 PROPERTY DAMAGE {Pet aaaldantI S $ _ UMBRELLA UAB EXCESS LUIB ` OCCUR CLAIMS -MADE �, •' !Ta , 0 �r EACH OCCURRENCE $ AGGREGATE $ DED I RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y, N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED, (Mandatory In NH) II yes. vON under DESCRIPTION desgu ION OPERATIONS below NIA I WC STAN• OTH- Tony t !Wig l 1 FR E.L EACH ACCIDENT S EL DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMB S A Professional Liability Claims made/$10,000 Dad HCH28838552 5/10/2013 5/10/2014 par Cteim Lhnq $2, 000, 000 e99raeomLonn $2,0000,000 DESCRIPTION OF OPERATIONS f LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule. D more apace Is required) As respects the operations of the named insured. FIGATE HOLDER CANCELLATION City of National City, its elected officials, officers, agents and employees Attn: 8arby Tipton 1243 National City Blvd. National City, CA 91950 ACORD 26 (2010/05) INS025 (2010Ds)ol 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/GAILD i ©1988-2010 ACORD CORPORATION. AN rights reserved. The ACORD name and logo are registered marks of ACORD -13- Project Professionals Corporation National City Request for Qualifications 7. Project tracking and progress reports 8. Annual contract document updates 9. Representation and/or negotiation on behalf of the city in joint powers agreements, joint maintenance agreements, bid protest hearings, subcontractor substitution hearings, inter- agency disputes, and any other time or place that the city engineer would need PPC's expertise 10. Analysis and system set up for contracting and purchasing services and goods As president/CEO of PPC, I have personally built my reputation over the last 25 years as "the guy that gets projects built." Often tasked with the most difficult projects, at PPC we always find ways to make a project successful. I am a California licensed and practicing attorney specializing in construction contract drafting, dispute resolution and litigation. For 20 years I brought these skills and knowledge to bear for the benefit of my clients and continue to do so at PPC. My reputation in the legal community is best summed up by Chula Vista's former City Attorney Bart Miesfeld. "Mr. Wade is intelligent, personable and approaches each litigation task in an efficient yet thorough manner. His deep understanding of government defense law and of how public entities operate sets him apart from other outside attorneys hired by my office," said Miesfeld. Vice President Roberto Saucedo, a professional engineer, brings more than 30 years of experience in delivering capital improvement projects for Chula Vista, Centre City Development Corporation and National City. Saucedo developed key relationships with all the regional regulatory and transportation agencies through cooperative efforts on countless projects. Saucedo also has special institutional knowledge about National City as its previous director of public works. We are thankful to National City for the trust it has placed with us over the years to represent the City and to deliver its projects. We personally feel a sense of loyalty to National City and strongly wish to continue this successful and gratifying relationship over the term of its next on -call contract. Thank you for your consideration and this opportunity to bring PPC's level of service to National City. We look forward to discussing our proposal with you. Sincerely, Byron 5. Wade President/CEO 4499 RUFFIN ROAD, SUITE 250 ProjectProfessionalsCorp.com TELEPHONE B513.634.81 8❑ SAN DIEGO, CALIFORNIA 92123 FACSIMILE 858.634.81 84 -15- 3. Contact Information a) Project Professionals Corporation 4499 Ruffin Road, Suite 250 San Diego, CA 92123 b) Project Professionals Corporation (PPC) is a California "5" Corporation c) PPC currently has one office in San Diego at 4499 Ruffin Road, Suite 250. This office will provide the services described in this SOQ. d) Contact: Byron 5. Wade President/CEO Project Professionals Corporation 4499 Ruffin Road, Suite 250 San Diego, CA 92123 Office: 858-634-8180 Cell: 619-244-3418 Email: byron@projectprofessionalscorkcom 7 -16- 4. Team Organization and Key Personnel Introduction: Project Professionals Corporation is a civil engineering and project/construction management firm with a proven track record of success for every type of capital improvement project. We offer a full spectrum of services backed with years of hands-on experience to help our municipal clients achieve their project goals. For the on -call project support services for the City of National City's Capital Improvement Program, PPC is assigning 14 team members, which includes decades of experience in project management, engineering, communications, legal and finance. We feel this level of staffing will give us the flexibility and experience to provide the services proposed. Byron Wade will serve as the overall project manager and primary consultant for the City of National City's Department of Engineering & Public Works. Underneath Byron, PPC's team has extensive experience working on capital improvement projects in National City and other municipalities in San Diego County. Below you will find detailed information about the assembled team, including a description of experience, recent professional activities, education, licenses and certificates related to capital improvement projects. Name: Byron Wade Project Role: President/CEO Overview Byron Wade is the president/CEO at PPC and brings more than 25 years of experience managing and delivering numerous successful capital improvement projects for municipal governments and agencies throughout the San Diego region. Byron's core strengths are his knowledge, education and experience working on the legal, project management and regulatory components of projects. He emphasizes the importance of strong communication and has developed a team that excels at communicating with both clients and stakeholders about complex projects in a succinct and logical manner. Byron's strong track record of successfully completing tough projects and avoiding legal pitfalls provides clients with a project manager who finds innovative ways to solve problems and successfully complete capital improvement projects. His legal background brings a rare specialization in the practice of construction contract drafting, dispute resolution and litigation. Byron leads PPC's team of professionals in a hands-on manner, which ensures consistent project quality, clear communication through all project phases and client satisfaction. 8 -17_ Related Professional Experience Over the last 10 years Byron has managed almost all of National City's CIP projects and many of Centre City Development Corp. projects. Principal and project/construction manager for municipal and local government agency capital improvement projects in the San Diego region. Provided oversight for a staff of six professionals and successfully led the transition of Wade & Associates into PPC. • City of Chula Vista, project manager — Managed project development process and provided oversight for inspection team for the construction of city capital improvement projects Education/Licenses/Certificates: • Western State University, Bachelor of Art, Law • Thomas Jefferson School of Law, Juris Doctorate • Licensed California attorney Name: Leanne Wade Project Role: Treasurer/CFO Overview For nearly 15 years Leanne Wade has provided budget and financial oversight for multi -million dollar corporations and municipal governments in San Diego. For the last three and a half years, she has led the financial management and human resources divisions at PPC. Leanne has a keen understanding about budgets, account payables, account receivables and payrolls surrounding capital improvement projects for cities and their contractors. With financial oversight experience in both private and public sectors, Leanne recognizes the challenges, and appreciates the importance of ensuring accurate accounting and financial reporting for federal, state and local levels of government. She is knowledgeable in the budget reporting requirements for municipal governments, and she understands the synergy between cash flow operations, municipal borrowing mechanisms, investment market considerations and credit ratings. Related Professional Experience • San Diego County Water Authority, Controller —Total revenues in excess of $385 million, payroll for 300 employees • City of El Cajon, Accounting Operations Manager —Total revenues in excess of $80 million, payroll for 700 employees • City of Chula Vista, Senior Accountant — Total revenues in excess of $130 million, payroll for 1,400 employees Education/Licenses/Certifications • San Diego State University, Bachelor of Science, Accounting • California Certified Public Accountant 9 -18- Name: Michael J. McDonnell, Esq. Project Role: Special Projects Overview Michael J. McDonnell has been a senior project manager with Wade & Associates since 2009, and is now in the same position with PPC. McDonnell provides project management services for municipal construction projects from the design stage through construction. McDonnell has a keen understanding about managing projects that involve resurfacing, streetscape, park improvements, and traffic related projects. His primary duties include addressing construction claims, conducting project meetings, and acting as liaison between contractors and government employees. He also has significant experience with the financial and regulatory sides of public improvement projects. McDonnell is knowledgeable about invoice processing, verifying certified payroll, and ensuring that project construction, completion, and entity acceptance are in compliance with public entity standards and the California public contract code, civil code, and labor code. McDonnell is a licensed, practicing California attorney since 2008 with experience in litigation and construction contracts. Related Professional Experience • Marina Gateway Streetscape, National City, project manager • Street Resurfacing, National City, project manager • Safe Routes to School II, National City, project manager • Various assignments for National City including: o WI-TOD Brown Field team management o Contract specification drafting for state and federal program compliance o Sweetwater River Maintenance Agreement representation Education/Lice nses/Certificates • Arizona State University, Bachelor of Arts, Sociology • University of Florida, Levin College of Law, Juris Doctorate • Licensed California attorney Name: James Biasi, P.E. Project Role: Senior Civil Engineer Overview As the senior engineer for PPC, Jim Biasi performs all constructability reviews for client projects, engineering review for the City of National City improvement plans and acts as project manager and 10 -19- resident engineer for all public works improvement projects including sewer, dry utilities, signals, street improvements, parks and structures. Biasi has more than three decades of experience in the design, inspection and project management for capital improvement projects for municipal governments. As an engineer at the City of Chula Vista, Biasi took his career from public works inspector to senior engineer overseeing the design and delivery of major public improvement projects. Biasi oversaw the installation of the majority of the subdivisions and right-of-way improvements in eastern Chula Vista with an estimated project value exceeding $500 million. He managed and inspected major development aspects such as mass grading, storm drains, sewers, arterial roadways, freeway connections, dry utilities, retention dams and parks. Biasi joined PPC in 2009 and brings a full career of knowledge and expertise working on municipal capital improvement projects. Related Professional Experience • Marina Gateway Project, National City, Resident Engineer and Inspector • National City Parks ADA Upgrades, National City, Design Engineer, Resident Engineer and inspector • El Toyon Sport Field, National City, design engineer, resident engineer and inspector • 8th Street Utility Relocation and Sewer Upgrades, National City, resident engineer and inspector • 8th Street Smart Growth Improvements, National City, resident engineer and inspector • 8th Street Safety Enhancements, National City, resident engineer • Community Corridors Improvement Project, National City, resident engineer Education/Licenses/Certificates California Licensed Professional Engineer Name: Roberto Saucedo, R.C.E Project Role: Principal Civil Engineer Overview Roberto Saucedo is a professional civil engineer and construction project manager with 35 years of experience working on capital improvement projects in the San Diego community. Saucedo has a proven record providing leadership, direction and technical expertise in the management of public works contracts and projects. He has managed, planned and supervised more than 200 public works contracts including construction of major flood control facilities, fire stations, parks, parking garages, gyms, prime arterials, street lights, sewers, and neighborhood street improvements. 11 • -20- Saucedo's background includes leadership roles in the public works divisions of cities in southern San Diego, which gives him a keen understanding about the history of development in National City's neighborhoods. Saucedo places high value on strong communication between contractors, stakeholders and community members regarding infrastructure improvement projects that have an impact on quality of life. Cooperation and consensus between engineering and operations divisions, facilitating communications and interactions, and holding numerous cross -functional meetings are critical for successful project delivery. Saucedo has a track record of accomplishment in the field of public works engineering, infrastructure construction and maintenance practices, land use codes and regulations and finding consensus on projects in the San Diego community. Saucedo is a results -oriented, decisive leader with a passion for his job, career and community. Related Professional Experience • PPC—Vice President and Principal Civil Engineer • City of National City, Director of Public Works — Managed a $10 million budget and 52 full-time employees responsible for the maintenance of the city's public works infrastructure • Centre City Development Corporation, Public Works Senior Project Manager — Managed public works contracts and assisted with private developments. Planned, supervised and managed major public works projects. Analyzed complex proposals for cost, benefit and feasibility. Prepared reports and acted as the corporation's field representative. • City of Chula Vista, Senior Civil Engineer — Managed the construction inspection, survey and design sections consisting of a team of 28 engineers/technicians/surveyors in the city's engineering department. Education/Licenses/Certifications • San Diego State University, Bachelor of Science, Civil Engineering • California Licensed Professional Engineer Name: Derrick M. Anderson Title: Senior Civil Engineer Overview For more than 23 years, Derrick Anderson has performed in various project management and engineering capacities on capital improvement projects. He understands what it takes to successfully oversee major public infrastructure improvement projects in the San Diego region. While working at the City of San Diego, Anderson managed aspects of the Petco Park infrastructure improvement project. As part of the construction phase of Petco Park, Anderson performed project 12 -21- scheduling and budget estimating, and he also managed demolition and soil remediation contracts and coordinated efforts with ancillary developers and urban designers. Having worked in both the private and public sectors on capital improvement projects, Anderson recognizes how to achieve and maintain strong working relationships between municipalities and contractors. During his accomplished career, Anderson has worked with government organizations such as the North County Transit District, the City of San Diego, County of San Diego, Port of San Diego and various cities such as the City of Poway and the City of National City. Related Professional Experience • National City Aquatic Center, National City, Project Manager • 8th Street Safety Enhancements, National City, Resident Engineer • 2100 and 2020 Hoover Avenue Site Remediation and Demolition, National City, project anager Education/Licenses/Certificates • San Diego State University, Bachelor of Science, Civil Engineering • California Licensed Professional Engineer Name: Josh Johnson Project Role: Assistant Engineer/Project Manager Overview Josh Johnson brings nearly four years experience to the PPC team as an assistant engineer and project manager. More specifically, Johnson's work in environmental engineering brings unique knowledge about remedial system design, installation and monitoring, soil and groundwater site assessment and investigation. He has successfully performed soil and vapor sampling, well installation and abandonment, and logging of soils and groundwater sampling. Johnson has experience writing technical documents associated with environmental engineering, such as water pollution control plans, work plans, phase I and phase 11 environmental assessment reports, quarterly reports and permits. Johnson is also knowledgeable in the field of renewable energy applications; including the design of photovoltaic modules and solar thermal layouts for residential and commercial projects. Related Professional Experience • 8th Street Smart Growth and Revitalization Project, National City, project manager • Community Corridors Improvement Project, National City, project manager • 8th Street Safety Enhancements Project, National City, project manager 13 -22- Education/Licenses/Certifications • San Diego State University, Bachelor of Science, Civil Engineering • 40-Hour OSHA Health & Safety certification • 8-Hour OSHA Health & Safety annual update certification, 2013 • Engineer -in -Training certification Name: Vinnie Aguelo Project Role: Assistant Engineer/Project Manager Overview Vinnie Aguelo is a project manager at PPC, assisting the team on capital improvement projects with municipal governments. Aguelo performs field visits to ensure construction work is being conducted according to local regulatory standards. He is responsible for ensuring consistency between contractor, planner and engineering work and project specifications, local standards and drawings of capital improvement projects. Aguelo also has experience preparing engineering documents such as RFIs, change orders, submittals and project invoices. Prior to joining the PPC team, Aguelo was an engineering intern for the City of National City's engineering department where he helped prepare contracts, service agreements and notices of completion. While working for the City of National City, Aguelo also organized project specifications in accordance with hazard mitigation plans and EPA standards. Related Professional Experience • 1726 Wilson Avenue Site and Tentative Improvements, National City — Project manager • Public Works Relocation — Project manager Education/Licenses/Certificates • University of California, San Diego, Bachelor of Science, Structural Engineering • Engineer -in -Training certification Name: Juan Cesena Project Role: Public Works Inspector Overview Juan Cesena has 27 years of technical field experience in construction materials testing, management and engineering in the United States and Mexico. Specifically, Cesena has six years of experience as the owner or top executive for construction inspection companies. Cesena has experience managing project quality control programs including, but not limited to on -site testing and inspection, submittal 14 -23- review, and quality assurance. He serves as a senior public works inspector through all phases on commercial, local, state and federal construction projects, including ADA compliance, street rehabilitation and labor compliance regulations. Cesena has a keen understanding about the payment schedule process, such as budget control records, progressive payments, materials quantity control daily reports and record keeping. He is well versed in SDSRD, Green book and local municipal requirements for capital improvement projects. Related Professional Experience • Coolidge Avenue, D Street and 4th Street Pedestrian and Roadway General Improvements Project, National City, public works inspector— Managed all construction quality control, subcontractor coordination, traffic control, code violation and payroll and labor oversight • San Ysidro Port of Entry Phase 1b Redevelopment Project, San Ysidro, supervisor — Managed multiple technicians during all earthwork elements, and major pavement construction including onsite and offsite driveways, parking lots, and base streets • Two story development project at National City Middle School — Sweetwater High School District, public works inspector — Provided inspection and field oversight for concrete and soils inspection and technician oversight • Street Paving and Sidewalk Rehabilitation Program, National City, public works inspector — Managed all construction quality control, subcontractor coordination, task order, change order management, inspection for direct acceptance or rejection of all work, traffic control, code violation, and contractual oversight, including certified payroll and labor force oversight and management Education/Licenses/Certificates • San Diego State University, Adult Education Program • Radiation Safety & Use of Nuclear Gauge (CPN & Troxler) Name: Gilbert Valdez Project Role: Public Works Inspector Overview Gilbert Valdez is an accomplished and results -oriented project management professional. With nearly 30 years of experience, Valdez has developed the capabilities to orchestrate the inspections process for high -paced operations in all aspects of land development, road construction, building construction and engineering. Valdez has extensive familiarity in organizational administration, resource management, and contract negotiations. He has a record of achievement on inspections for high profile projects, providing leadership, supervision and motivational expertise to ensure streamlined operational success. 15 -24_ Valdez has a strong ability to overcome challenging issues associated with capital improvement projects and has exceptional communication skills. Valdez can speak fluently in English and Spanish. Related Professional Experience • Drainage Improvement Project, National City — Installation of drainage facilities • Annual Street Resurfacing Project, National City — $2.9 million asphalt overlay project • KB Homes community development projects, Imperial, San Diego and Riverside counties — More than 10 development projects valued at $62 million • Master -planned community projects, City of Chula Vista — Inspection services for developers, including hazardous material abatement, archaeological and paleontological mitigation, infrastructure development compliance and landscaping • Pacific Coast Communities master -planned community development projects, City of San Diego — Managed projects for all aspects of site development, grading, storm drains from pre -construction to final occupancy • Brookfield Homes new home communities, City of San Diego — Managed projects for all aspects of site development, including structures, playgrounds, pools, grading, storm drains, wet and dry utilities, streets, landscaping and parks o Note: Gilbert was hired to complete a high -end, problematic project that had been through four superintendents and had a history of delays. Gilbert finished the project phases on schedule until completion. Education/Licenses/Certificates • Cal -OSHA Safety & Traffic Control • Confined Space Entry and Fall Protection • Cal -Trans SWPPP • Franklin Covey 7 Habits & Focus Name: Michael Donald Project Role: Communications Overview Mike Donald joined PPC in January as the firm's communications director. Donald brings nearly 18 years experience creating and implementing strategic communications plans. He has extensive experience in graphic design, web development and social and traditional media outreach. Donald has spearheaded both internal and external corporate communications programs and he understands how to effectively communicate with target audiences using multiple media platforms. With capital improvement projects, impacted stakeholders have the ability to send and receive information about projects on multiple levels across many mediums. Donald provides PPC with the experience and 16 -25- capability to harness technology to benefit residents, government entities and contractors involved in capital improvement projects. Related Professional Experience • 3-Amp Media, Inc., Visalia and San Diego, owner • Outreach, Inc., Visalia and Colorado Springs, graphic designer and consultant • Neighborhood Church, Visalia, communications director • Vantage Technology Group, Visalia, project manager and web designer • Stone Ministries, Inc., Visalia, systems administrator Name: Anna Schulte Project Role: Project/Administration Manager Overview Anna Schulte is an administrative specialist at PPC with more than 12 years experience supporting project managers in various capacities on capital improvement projects. Schulte is familiar with managing aspects of construction projects including communications, regulatory requirements, government audits, payroll and labor compliance. Schulte has performed duties on municipal construction projects such as coordinating staff schedules to ensure all projects follow appropriate guidelines according to state and federal law. She also has experience representing PPC and municipalities in federal and state audits. Schulte also has experience as the lead payroll compliance officer on projects and acting as the liaison between projects managers and labor compliance officers when necessary. Related Professional Experience • Amadeus Fire Temporary Staffing Service, Frankfurt and Berlin, Germany — Provided administrative duties for several large clients including Paul Hastings (law firm), German national toll revenue collection service and H. Stern (jewelers) • Mute Records, London, England — Provided administrative and bookkeeping duties for the company including annual budget development, recordings, lease agreements and general office management Education/Licenses/Certificates • University of Westminster, London, Master of Arts, Audio Production • Liverpool Institute for Performing Arts, Liverpool, England, Bachelor of Arts in Performing Arts 17 • -26- 4b. Organizational chart =x`�d31i'13iast,$'t Seniar>CivilEngineer cosh l ohn son; Elf Assistant Engineer Juan Cesena Public Works inspector PPC Organizational Chart icbael VicDonnell,Esq Special Projects i)errickti erson,VE SeniorCivg Engineer Vinnie Aguelo, E1T AssistantEngireer GiibertValdez Public Works Inspector Byron %Wade President/CEO nnaScniite Project/Admin Manager ayela tivas Administrative Assistant 18 Leanne Wade,CPA Treasurer'CTO obertoSauredo,1 CE rincipalCdvii-Engineer Niaria Ramirez Engineering9ntern Wilke Dona Communications -27- 5. Experience and Technical Competence a. Project Professionals Corporation will provide services in the following disciplines and general services: • Project management • Construction management & inspections (including certified payroll) • Communications and community outreach • Engineering and contract management (including technical analysis, studies, reports and presentations, PS&E, QA/QC, value engineering, bidding, response to RFI's, construction support and preparation of record drawings.) • Plan reviews • Constructability reviews • Project tracking and progress reports • Annual contract document updates to incorporate changes in the law, new construction materials, methods and procedures, Greenbook supplements and new editions, updates and new state and federal regulations and forms, and new City of National City regulations and requirements • Representation and/or negotiation on behalf of the city in joint powers agreements, joint maintenance agreements, bid protest hearings, subcontractor substitution hearings, inter- agency disputes and any other time or place that the city engineer would need PPC's expertise • Analysis and system set up for contracting and purchasing services and goods PPC is especially knowledgeable in managing state and federally funded projects. With our strong reputation and relationships with state and federal regulators and auditors we are in the best position to keep the City of National City's state and federal projects in compliance. This will also benefit the City of National City on future grant applications. PPC will accomplish this by performing each of the following tasks with its project team to ensure compliance with specific state and federal regulations: • Review each project's scope • Provide oversight and management of the design engineering team to keep the project within scope and budget, and meet all filing and application requirements and deadlines • Draft all contracts documents to meet each state and federally funded project specific requirements • Oversee and manage the bid process • Determine DBE compliance when required • Chair hearings and make recommendations on rulings for bid protest disqualifications 19 -28_ • Manage, inspect and document the project • Negotiate and draft change orders • Keep the master project file • Attend and lead audits • Keep record drawings • Complete project close-out We believe that PPC has earned the City of National City's trust as well, and feel confident that the City of National City can move forward with PPC at the helm of these projects with minimal oversight. 20 -29- b. Matrix Discipline and General Services Matrix ta' 01B Task _.. PROJECT MANAGEMENT CEO Assist city engineer in determining scope and funding of projects CEO, PM, AS Prepare PowerPoint and other reports for presentation for Council, committees and stakeholders CEO, PM Coordinate, prepare agenda and chair stakeholder meetings CEO Assist in or present project information to Council and Committees PM Create, track, update and distribute project schedule PM Create, track and update the design and bid schedule PM Coordinate with other agencies and entities as required PM Coordinate with other City departments as required PCE/CE Review plans and technical specifications for constructibility and conformance with design standards and best practices CEO/PM Prepare boilerplate to fit each project whether local, state or federally funded PM Ensure that pre -bid documents are complete and in place to receive state or federal funds PM Assist in obtaining permits as required by other departments or agencies AS Prepare project files for conformance with local, state or federal requirements CEO/CE/PM Assist city engineer or act on behalf of the city engineer on all reporting requirements to Council, committees, stakeholders, other agencies, utilities, and other city departments CEO/PM Prepare all bid documents as required for local, state and federally funded projects AS Process bid documents with e-bid boards CEO/PM/AS Prepare agenda, coordinate and chair pre -bid conferences CEO/PM Process and answer requests for information during the bid process CEO/PM/AS Prepare and issue addenda and clarifications during the bid process CEO/PM/AS Qualify apparently low bidder for responsibility, responsiveness, compliance with DBE requirements and other state and federal requirements if required CEO Recommend lowest responsive and responsible bidder to City Engineer for award CEO Field and respond to all bid protests CEO Attend all bid protest hearings and make recommendations to the City Engineer CEO Prepare all orders and correspondence for the City Engineer as to all bid matters CEO/PM Prepare talking points for the City Engineer to use at Council meeting CONSTRUCTION MANAGEMENT & INSPECTIONS CEO/PM/AS Prepare agenda and relevant documents for pre -construction meeting AS Coordinate pre -construction meeting CEO Chair pre -construction meeting CEO/CE/PM/AS Attend pre -construction meeting PM Review and approve or reject project schedule and updates AS Prepare construction master file in accordance with local, state or federal requirements PWI Provide site inspections of construction improvements for conformance with plans and specifications PWI Provide daily reports on the work progress, manpower, equipment, materials, discussions, safety issues, traffic control, acceptance and rejection of improvements, changed or unforseen conditions, change order work, force account work, design changes, field orders and any other information necessary to enable the reader to fully understand the project progression and to be in conformance with state and federal regulations 21 -30- Discipline and General Services Matrix PWI Keep record drawings (as-builts) PWI, PM, CD Communicate schedules, issues and coordination with adjacent business, residents, schools, churches, Navy complex, MTS, trash and City departments including fire, police and public works PM Process submittals to design engineer as required CE/PM Review and approve or reject submittals as required PM Keep a submittal log and insure timeliness of answers PM Review and process Requests for Information (RFI) CEO/CE/PM Answer RFIs as required PM Keep RFI log and insure timeliness of answers PM Prepare agenda and chair weekly construction progress meeting CEO/CE/AS Attend weekly progress meeting as required PWI Measure and estimate quantities for payment PM Verify quantities for payment and prepare billing statement and invoice coversheeet CE/PM/PWI Make recommendations and coordinate design changes CEO/PM Negotiate change orders PM Prepare and process change orders AS Keep all project files in conformance with local, state or federal requirements as needed. AS Keep in coordination with local assistance for latest project audit and regulatory requirements and insure project master file is complete CE Lead all state or federal audits PM/AS Attend all state or federal audits PWI Measure and calculate final quantities PM Verify final quantities CFO Audit final project accounting, payments and quantities PM/AS Coordinate final walk-through with contractor, management staff, city engineer, city department stakeholders and other required attendees CEO/CE/PM/PWI Attend final walk-through and make recommendation for acceptance, punchlist items and rejected items PM Draft final punchlist PWI Inspect the completion and correction of final punchlist items PM Ensure that all project -related permits are signed off PM Facilitate the turnover of the facility, improvements, manuals, training, warranties and other required actions or documents for acceptance of the project PM Prepare and coordinate the execution of turn -over documents PM Prepare final accounting and change order PM Prepare and process final and retention billing statement, invoice coversheet and notice of completion AS Coordinate grand opening if required PM/AS Prepare final master file and other required documents and deliver to the City for archiving ENGINEERING & CONTRACT MANAGEMENT This funtion falls within the project management discipline above as described RAN REVIEWS PCE/CE Review and re -review as necessary civil engineering drawings for conformance with design standards, completeness, compliance with ADA and other regulations and best practices 22 -31- Discipline and General Services Matrix PCE/CE Prepare edit notes and comments for resubmittal PCE/CE Stamp approved plans as RCE or CE as "reviewed by" on behalf of the city engineer CONSTRUCTABILITY REVIEWS CEO/CE Review and re -review as necessary CIP plans for constructability, identify issues and make correction recommendations CEO/CE Visit and review project site CEO/CE Identify issues and make recommendations for correction CEO/CE Meet with design engineer as necessary PROJECT TRACKING & PROGRESS REPORTS CEO/PM/CD Develop project tracking system and reporting procedures for all CIP projects PM/CD/AS Coordinate with all city project managers and engineers to gather all the data necessary for a complete tracking system data base necessary for accurate reporting CD/AS Input data, prepare discemination methods and execute tracking and reporting system CD/AS Keep tracking and reporting system information up to date COMMUNICATIONS & COMMUNITY OUTREACH CEO/CD Coordinate with the agency to determine the public message for each project and assignment CD Propose media outlets and methods to be used CD Set up accounts, web addresses, links and other techincal processes necesssary for the disceminiation of the information CD/PM/PWI Coordinate with project managers and inspectors for flow of information to be used CD Prepare data for web sites and other media outlets CD Create flow of information CD Update information on agreed upon frequency CD Process information requests outside of predetermined message CD Track use and effectiveness of each method and report to agency LEGEND CEO Chief executive officer CFO Chief financial officer CD Communications director PCE Principal civil engineer CE Senior civil engineer or civil engineer depending on the complexity of the project ACE Assistant engineer PM Senior project manager or project manager depending on complexity of the project PWI Senior public works inspector or public works inspector depending on the complexity of the project AS Administrative staff 23 -32- c'F OrESSICINIA:_S c111-n=ar.a Iri Rate Schedule March 18, 2014 (rates effective until March 18, 2017) Title Hourly Rate Principal Project Manager $210 Senior Project Manager $180 Project Manager II $135 Project Manager I $110 Principal Civil Engineer $210 Senior Civil Engineer $180 Civil Engineer $135 Assistant Civil Engineer $110 CAD Operator $85 Communications Director $120 Senior Administrative Assistant $90 Administrative Assistant $75 Prevailing Wage Assignments: Title Prevailing Wage 1 '/ x OT 2 x OT Public Works Inspector $127 $168 $209 Mileage billed at current federal rate at time of billing. Letter size copies at $0.10 each. Tabloid copies at $0.20 each. Binders at $25 each. CD's at $5 each. All other miscellaneous expenses as directed by the City at cost plus 10%. No fees or mark-ups on subcontracted consultant work. 4499 Ruffin Road, Suite 250 ProiectProfessionafsCorp.com telephone 858. 634 . 8180 San Diego, California 92123 facsimile 856.634.8184 -33- THE LAW OFFICE OF MICHAEL J. MCDONNELL March 14, 2014 Schedule of Rates Attorney: $175/hour Paralegal: $100/hour Administrative Assistant: $75/hour Mileage: Related Costs: Federal Standard Rate Actual Cost + 10% Handling 4499 Ruffin Road, Suite 225 San Diego, CA 92123 T: (858) 565-4421 F: (858) 5654431 michael@lawofficemcdonnell.com -34- 1vM THE LAW OFFICE OF MICHAEL J. MCDONNELL The Law Office of Michael J. McDonnell 4499 Ruffin Road, Suite 225 San Diego, CA 92123 Ti (858) 565-4421 F: (858) 5654431 michael@lawofficcmcdonnell.com Prior to establishing The Law Office of Michael J. McDonnell, principal Michael J. McDonnell served as an associate attorney with the law firm of Googins Wade LLP and achieved partner at the firm of Wade & McDonnell LLP based on his consistent excellence in all aspects of legal representation. With these firms, Mr. McDonnell focused his practice on litigating construction, business, personal injury, and real property disputes on behalf of individuals, business entities, and government entities in state and federal courts. Our practice focuses on providing exceptional representation of owners, contractors, subcontractors, and material suppliers involved in public and private works disputes including services for contract drafting and review, bid preparation, bid disputes, subcontractor listing disputes, subcontractor substitutions, "or equal" substitutions, extra and disputed work claim preservation and documentation, change order preparation and review, delay and disruption claims, changed condition claims, additional compensation claims, late payment claims, breach of contract claims, stop notice actions, alternative dispute resolution, and litigation. Mr. McDonnell has more than five (5) years of experience providing consulting services to public entity clients for Capital Improvement Program (CIP) projects from the design stage through project completion and acceptance. Mr. McDonnell's project management experience includes contract administration, coordination with stakeholders, advising clients on public works practices and procedures, and aiding in the resolution of contract disputes. Mr. McDonnell is admitted to practice before all California state courts and the United States District Court for the Southern District of California. He received his J.D. from the University of Florida, Levin College of Law, with academic distinction on the Dean's List, in 2008. Before attending law school, Mr. McDonnell attended Arizona State University and received his B.A., magna cum laude, in 2004. -35- RESOLUTION NO. 2014 — 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 $1,500,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING AND CONTRACT MANAGEMENT, CONSTRUCTION MANAGEMENT AND INSPECTIONS, PLAN REVIEWS, CONSTRUCTABILITY REVIEWS, COMMUNITY OUTREACH AND COMMUNICATIONS, AND LEGAL SUPPORT FOR PUBLIC WORKS CONTRACTS AND/OR DISPUTES WHEREAS, the Engineering Department issued Requests for Proposals to professional firms to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and legal support for public works contracts and/or disputes; and WHEREAS, 64 responses to the Requests for Proposals were received and reviewed, taking into consideration, among other things, past performance history, knowledge of the environment, the type of services offered, and the cost to the City; and WHEREAS, staff recommends Project Professionals Corporation to provide on - call project support services for National City's Capital Improvement Program; and WHEREAS, the City has determined that Project Professionals Corporation is qualified by experience and ability to perform the services desired by the City, Project Professionals Corporation is willing to perform such services for the not to exceed amount of $1,500,000 from April 15, 2014 through April 14, 2016. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of Project Professionals Corporation, and authorizes the Mayor to execute an agreement with Project Professionals Corporation in the not to exceed amount of $1,500,000 to provide on -call project support services for National City's Capital Improvement Program, including but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and legal support for public works contracts and/or disputes. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of April, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalia, CMC - City Clerk April 23, 2014 Mr. Byron Wade Project Professionals Corporation 4499 Ruffin Road, Suite 250 San Diego, CA 92123 Dear Mr. Wade, On April 15th, 2014, Resolution No. 2014-49 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.