Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2017 CON Neri Landscape Architects - On-Call Project Support Services CIP
AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NERI LANDSCAPE ARCHITECTS THIS AGREEMENT is entered into on this 20th day of June, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and NERI LANDSCAPE ARCHITECTS, 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, on February 2, 2017, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is a landscape architecture firm; and WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, the CITY has determined that the CONSULTANT 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 to provide on -call project support services for National City's Capital Improvement Program (CIP), 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. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on June 20, 2017. The duration of this Agreement is for the period of June 20, 2017 through June 19, 2019. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. Any extension of this Agreement must be approved in writing by the City Council. 6. 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 Standard Agreement Page 2 of 11 City of National City and Revised May 2017 Neri Landscape Architects 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. 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 Services 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, unemploy- ment, 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 Standard Agreement Page 3 of 11 City of National City and Revised May 2017 Neri Landscape Architects necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT 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 -section 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 Standard Agreement Page 4 of 11 City of National City and Revised May 2017 Neri Landscape Architects reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 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 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers 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. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. Standard Agreement Page 5 of 11 City of National City and Revised May 2017 Neri Landscape Architects 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. 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 Labor 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, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. 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, officials, 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) Standard Agreement Page 6 of 11 City of National City and Revised May 2017 Neri Landscape Architects days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, 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. G. The Certificate Holder for all policies of insurance required by this Section shall be "City of National City, c/o Risk Manager, 1243 National City Boulevard, National City, CA 91950-4397. H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of 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. I. 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. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to 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. 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 Standard Agreement Page 7 of 11 City of National City and Revised May 2017 Neri Landscape Architects 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. 20. 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 91950-4397 Standard Agreement Page 8 of 11 City of National City and Revised May 2017 Neri Landscape Architects To CONSULTANT: Jim Neri, ASLA, LLA Principal Neri Landscape Architects 928 Hornblend Street, #3 San Diego, CA 92109 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. 21. 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. C 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 Section 21 by the CONSULTANT. 22. 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. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date Standard Agreement Revised May 2017 Page 9of11 City of National City and Neri Landscape Architects 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. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. 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. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. 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 Standard Agreement Page 10 of 11 City of National City and Revised May 2017 Neri Landscape Architects has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY NERI LANDSCAPE ARCHITECTS By: B� Y• Ron Morrison, Mayor Jim Neri, P *ncipal APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney Standard Agreement By: Page 11 of 11 Wenay eri, CFO City ofNational City and Revised May 2017 Neri Landscape Architects EXHIBIT "A" NERI LANDSCAPE ARCHITECTURE 2 Neri Landscape Architecture (NLA) is a Small Local Business Enterprise/Emerging Local Business Enterprise with extensive experience building community consensus and taking projects from design to close of construction for a diverse array of clients such as the City of San Diego, Zoological Society of San Diego, Metropolitan Water District, National Wildlife Service, San Diego County Water Authority, Padre Dam Municipal Water District, Metropolitan Transit Service, as well as many other agencies and private developers. This diversity has enabled NLA to creatively respond to a wide array of challenges in a cost- efficient yet beautiful way. For instance, almost 20 years ago, when the City of San Diego needed to create a large retaining wall as the result of re -directing a street, they initially were planning on a regular cement block wall. Because of our work at the San Diego Zoo's Hippo Beach project, we were able to recommend the more attractive solution of a natural - looking shotcrete wall with pockets of vibrant bougainvillea (at savings of 30%). Since our inception, NLA has worked confidently with our clients to bring projects to fruition on schedule and within budget, gaining priceless knowledge along the way about approval processes for various types of projects. We do things the right way according to our client's requirements. NLA has extensive experience working with communities while planning new park and other civic improvements. We have lead community focus groups in consensus building, facilitating productive sessions to determine community priorities then delivering localized design solutions that exceed expectations. For example, when working on renovations at Windansea Beach in La Jolla, there was a very vocal segment of the community that did not want any changes at all to this iconic landmark area. Community workshops and presentations helped to allay fears as well as communicate the desire of the City and design team to naturally ON -CALL CIP SERVICES_2017-02-02 LANDSCAPE ARCHITECTURE NERI LANDSCAPE ARCHITECTURE 3 restore the area and create a safer, more beautiful walkway. Over the years NLA has served as the landscape architect on many civic projects, including: • Children's Pool Walkway Improvements, ongoing • Del Mar Mesa Park, (currently in the bidding phase) • Windansea Beach Fence Replacement, 2016 • Fire Station 50, 2016 (design -build bridging documents) • San Diego Police Department Firing Range, 2015 (construction documents completed) • Fire Station 38, 2013 • Palisades Park Comfort Station, 2012 • SDUSD/City of San Diego Joint Use Athletic Fields, 2011 • Westbourne Street Coastal Access Stairway Replacement, 2010 • Skyline Hills Library, 2010 (design -build bridging documents) • Windansea Beach Parking Lot Improvements, 2008 • MTS Station Improvements, 2008 • Scripps Ranch Boulevard Medians, 2006 • Navajo Road Landscape Improvements, 2005 • Old Trolley Barn Park ADA Improvements, 2005 • Fay Avenue Realignment, 2002 • Colina del Sol Community Park, 1998 • Coast Boulevard Park, 1998 • Ocean Beach Pier Parking Lot, 1997 Our skilled workforce is ready to turn approved designs into thorough construction documents and specifications. Working with AutoCad, LandFX, Sketchup, Photoshop and Excel, we develop universal access designs and track costs at every level, maintaining a two - person quality control check system to ensure that every submittal has had two sets of eyes on it. Value engineering options are identified early and contractor requests for information during bidding are answered, routed and tracked according to Client protocols. During construction, regardless of contractor means and methods, NLA verifies that work has been performed according to construction and local standards and that the design intent has been implemented to protect the health, safety and welfare of the public. Signed by authorized representative for NLA who has authority to enter into a binding agreement and authorize changes to scope, terms, and conditions of the agreement: Jim Neri, Principal ON -CALL CIP SERVICES_2017-02-02 LANDSCAPE ARCHITECTURE NERI LANDSCAPE ARCHITECTURE 5 2. EXECUTIVE SUMMARY As noted in our cover letter, Neri Landscape Architecture has a wealth of experience designing and overseeing a variety of civic, institutional, commercial and residential projects. We respond to the needs of each situation by assessing with our client the priorities of each job and take into account functionality, design and cost. We will provide all information requested in the RFQ: contact information, our project team and resumes, project experience with examples, the thorough method we will approach each project as well as the financial system we have in place. NLA is a small local business (SLBE/ELBE) that has been in business exclusively in San Diego for almost 20 years. We are financially stable, and have never been involved in any lawsuit or litigation. NLA currently employs 4 San Diegans and are planning to hire 1-2 more employees within the next year. We are a nimble, efficient firm and able to keep our operating expenses down while still providing high quality work. We are a small firm who designs big projects. Although NLA has not worked on National City projects, we have designed many civic and residential projects (Coast Boulevard Park, Children's Pool Walkway, Windansea Beach Master Plan, Hotel del Coronado beach walkway) focusing on coastal access, beach plantings and coastal slope erosion control. Our re -vegetation work for the U.S. Fish & Wildlife Service headquarters in Chula Vista is a shining example of our ability to work with biologists to design a seamless landscape extension of a natural habitat as a setting for the built environment. Jim Neri was also one of the landscape architects involved in the design of Tuna Harbor (aka "G Street Mole") and The Old Ferry Landing in Coronado while with another firm. We know how to make city requirements work. ON -CALL CIP SERVICES_2017-02-02 LANDSCAPE ARCHITECTURE EXHIBIT B SCHEDULE OF FEES Reimbursable expenses will be billed to the City at cost plus ten percent (5%). Consultant shall provide Project Manager with copies of all receipts or invoices for reimbursable expenses. Consultant and Sub -consultant Hourly Rates Neri Landscape Architecture Job Title Hourly Rate Principal $150.00 Landscape Architect $115.00 Designer $95.00 Draftsperson $55.00 Clerical $35.00 Sillman Wright Architects Job Title Hourly Rate Principal $210.00 Sr. Project Architect $190.00 Project Architect $170.00 Project Designer $160.00 Project Manager $150.00 Job Captain $120.00 Drafter $105.00 Administrative $90.00 Snipes -Dye Civil Engineers Job Title Civil Engineering Services: Principal Engineer Project Manager Project Engineer Design Engineer CAD Technician Assistant Design Engineer Assistant CAD Technician Junior Design Engineer Technical Assistant Surveying Services: Principal Surveyor Project Manager GPS Survey Crew 1-Person Survey Crew 1-Person Survey Crew Prev. Wage 2-Person Survey Crew Hourly Rate $205.00 $185.00 $165.00 $140.00 $120.00 $114.00 $94.00 $90.00 $82.00 $205.00 $185.00 $205.00 $175.00 $220.00 $205.00 Page 1 of 4 2-Person Survey Crew Prev. Wage $265.00 Survey Manager $165.00 Survey Analyst $140.00 Survey Calculations $118.00 CAD Technician $120.00 Assistant CAD Technician $94.00 Technical Assistant $82.00 Note: Surveying rates shown include all equipment. Other Services: Forensic Engineering $285.00 BTA Engineers, Inc. Job Title Hourly Rate Mechanical Engineer $110.00 Mechanical Designer I $90.00 Mechanical Designer II $75.00 Mechanical Drafter I $60.00 Clerical $55.00 Hope - Amundson Job Title Hourly Rate Principal -in -Charge $250.00 Sr. Project Manager $180.00 Project Manager $160.00 Project Engineer $130.00 Designer $110.00 Senior BIM/CAD Technician $115.00 BIM/CAD Technician $95.00 Administrative Assistant $75.00 Rizza Engineering Job Title Hourly Rate Principal $225.00 Sr. Associate $215.00 Associate $200.00 Project Manager $190.00 Sr. Engineer/QA/QC $170.00 Engineer $155.00 Lighting Designer $150.00 Senior Designer $150.00 Designer $120.00 Designer/CAD Manager $120.00 BIM Specialist $120.00 Jr. Designer/CAD Operator $100.00 Administrative Assistant $70.00 Page 2 of 4 Geotechnical Exploration Job Title Engineering, Geology, Technical Principal Engineering Geologist Senior Geotechnical Engineer Senior Project Engineering Geologist Senior Project Geologist Senior Project Engineer Project Engineer Project Engineering Geologist Project Geologist Senior Staff Engineer Senior Staff Engineering Geologist Senior Staff Geologist Staff Engineer Staff Engineering Geologist Staff Geologist Field/Laboratory Technician CAD Graphics Word Processor SOIL TESTS: Atterberg Limits Liquid Limit (ASTM D4318) Plastic Limit (ASTM D4318) Shrinkage Limit Plasticity Index Hourly Rate $195.00 $175.00 $148.00 $148.00 $148.00 $132.00 $132.00 $132.00 $115.00 $115.00 $115.00 $105.00 $105.00 $105.00 $78.00 $68.00 $65.00 $90.00 $90.00 $90.00 $180.00 Soil Classification Visual Only (ASTM D2488) Specific Gravity, Fine Particles (ASTM D854) Specific Gravity, Coarse Particles (ASTM C127) Unified Soil Classification (ASTM D2487) U.S.D.A. $15.00 $50.00 $45.00 $60.00 $60.00 Grain Size Distribution Sieve Analysis (percent finer than #200 -- washed) (ASTM DI 140)$60.00 Sieve Analysis -- #4-#200 (ASTM D422) $90.00 Sieve Analysis -- 3/4" to #200 washed (ASTM D422) $120.00 Sieve & Hydrometer Analysis (#4, ASTM D422) $150.00 Expansion Index Expansion Potential, undisturbed Expansion Potential, remolded (excluding maximum density) Expansion Index (ASTM D4829, UBC 29-2) Moisture Density Relations Moisture Content (ASTM D2216) Page 3 of 4 $105.00 $105.00 $130.00 $18.00 Dry Density and Moisture Content Ring or Drive samples Waxed Chunk samples Maximum Density - Optimum Moisture Standard Proctor Method A or B (ASTM D1557) Method C (ASTM D1557) Soil Strength Direct Shear Test (ASTM D3080) Triaxial Shear Test Residual Shear Consolidation One -Dimensional Consolidation (ASTM D2435) Time Rate of Consolidation (ASTM D2435) $32.00 $35.00 $156.00 $200.00 $200.00 Quote $275.00 $210.00 $240.00 Water Resources Permeability Testing (Constant or Falling Head) Remolded sample Quote Undisturbed sample Quote Street Bearing Testing California Bearing Ratio (San Diego County) $135.00 Resistance Value (R-value) $275.00 Sand Equivalent (ASTM D2419) $60.00 Corrosion Susceptibility Electrical Resistivity and pH $85.00 Excavations Hand -dug Pits (2-person crew) Quote Backfilling (2-person crew) Quote Backhoe and Operator Quote Borings Hand -operated, continuous -flight auger (2-person crew) Quote Truck -mounted, continuous -flight auger Quote Truck -mounted, rotary bucket rig Quote TECHNICAL SERVICES Seismic Refraction Quote Gravity, Magnetic, Aeromagnetic Quote Electrical (Resistivity, IP, EM) Quote Magnetotellurics (MT, AMT, CSAMT) Quote Interpretation, Reinterpretation, Computer Modeling Quote Page 4 of 4 NERIL-1 OP ID: J7 ACORN' CERTIFICATE OF LIABILITY INSURANCE DATE (M MIDDIYYYY) 05/25/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Snapp & Associates Insurance Services, Inc. 438 Camino del Rio So. #112 San Diego, CA 92108 John D. Toon INSURED Neri Landscape Architecture 928 Hornblend St. #3 San Diego, CA 92109 CONTACT NAME: PHONE 619-908-3100 INC No. Ext): E-MAIL ADDRESS: (Arc, No): 619-908-3110 INSURER(S) AFFORDING COVERAGE INSURERA:Valley Forge Insurance Co. INSURER B:American Casualty Com pany INSURER C : NAIC # 20508 20427 INSURER D : INSURER E : INSURER F: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR INSR SUER WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MM Y/DD YYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X 6011588268 07/15/2016 07/15/2017 EACH OCCURRENCE $ 2,000,000 DAMAGE I 0 RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Anyone person) $ 10,000 CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 GEM. AGGREGATE LIMIT APPLIES PER: PRO - X POLICY JFCT LOC $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED X SCHEDULED AUTOS NON -OWNED AUTOS X 6011588268 07/15/2016 07/15/2017 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (PERACCIDENTT)ROPERTY AGE $ A X UMBRELLA LIAB EXCESSLIAB X OCCUR CLAIMS -MADE 6024172108 07/15/2016 07/15/2017 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ DED X RETENTION $ 10000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N 1 A X 6011701071 09/13/2016 09/13/2017 X WCSTATU- TORY LIMITS OTH- 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 ACORD 101, Additional Remarks Schedule, if more space is required) Re: Operations of the named insured subject to the terms and conditions of the policy. The City of National City, its elected officials, officers, agents, employees and volunteers are named as additional insured with respects to the General Liability and Auto per the attached endorsement. Waiver of subrogation applies to the Workers Conrp per endorsement to be City of National City c/o Risk Manager 1243 National City Blvd. National City, CA 91950-4397 CITYOFN 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 L ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CITYOFN INSURED'S NAME Neri Landscape Architecture N ERI L-1 OP ID: J7 PAGE 2 Date 05/25/2017 issued by carrier. 30* days notice of cancellation, 10* days notice of cancellation in the event of nonpayment of premium. 0 2 8 CNA SB-146932-E (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -- LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension ol coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED — BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to 'bodily injury' or 'property damage' arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. 'Bodily injury" or "property damage' for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have bean labeled or relabeled or used as a container, part or ingredient ol any other thing or substance by or for the vendor; or h. 'Bodily injury' or 'property damage" arising out of the sole negligence of the vendor for its SB-146932-E (Ed. 06/11) own acts or omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or 1.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whorn you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2, does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy, 4. This provision 2. does not apply if 'bodily injury' or 'property damage' included within the 'products - completed operations hazard' is excluded either by the provisions of the Policy or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the 'bodily injury,' "property damage' or "personal and advertising injury,' but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. Additional Insured — Your Work That person or organization for whom you do work is an additional insured solely for liability Page 1 of 5 CNA due to your negligence specifically resulting from your work for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is Tess. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this endorsement and paragraph F.9. of the definition of °insured contract' under Liability and Medical Expenses Definitions do not apply to 'bodily injury' or "property damage' arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. (3) The insurance provided to the additional insured does not apply to "bodily injury,' "property damage," or "personal and advertising injury' arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rant, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, co& holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. SE-146932-E (Ed. 06/11) SB-146932-E (Ed. 06/11) This insurance does not apply to 'bodily injury,' 'property damage' or 'personal and advertising injury' arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured, d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any 'occurrence" which takes place after you cease to be a tenant In that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. f. Owners/Other Interests — Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence' which lakes place after you cease to lease that land; or Page 2 of 5 CNA 9. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co -owners liability as co- owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends, With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any 'occurrence' which takes place alter the equipment lease expires; or (2) To "bodily injury,' 'property damage" or 'personal and advertising injury" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs b. through h. above does not apply to "bodily injury" or 'property damage" included within the "products -completed operations hazard.' 3. The following is added to Paragraph H. of the BUSINESSOWNERS COMMON POLICY CONDITIONS: H. Other Insurance 4. This insurance is excess over any other insurance naming the additional Insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. 4. LEGAL LIABILITY — DAMAGE TO PREMISES A. Under B. Exclusions, 1, Applicable to Business Liability Coverage, Exclusion k. SB-146932-E (Ed. 06/11) SB-146932-E (Ed. 06/11) Damage To Property, is replaced by the following: k. Damage To Property 'Property damage" to: 1. Property you own, rent or occupy, Including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, Including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the 'property damage' arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; b. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your,behalf are performing operations, if the 'property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are 'your work' and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D — Liability and Medical Expenses Limits of Insurance. (3) Page 3 of 5 CA Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to 'property damage" included in the "products -completed operations hazard," B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c, d, e, f, g, h, 1, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. C. The first Paragraph under item 5. Damage To Premises Rented To You Limit of Section D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of 'property damage" to any one premises, while rented to you, or temporarily occupied by you, with the permission of the owner, Including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. 5. Blanket Waiver of Subrogation We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. 6. Broad Knowledge of Occurrence The following items are added to E. Businessowners General Liability Conditions In the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence,' offense, claim or "suit' is known to: (1) You or any additional insured that is an individual; SB-146932-E (Ed. 06/11) SB-146932-E (Ed. 06/11) (2) Any partner, if you or an additional insured is a partnership; Any manager, if you or an additional insured is a limited liability company; (4) Any `executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. 7. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. "Bodily Injury" is deleted and replaced with the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. (3) (6) 8. Expanded Personal and Advertising Injury Definition a. The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising injury, in the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only it such discrimination or humiliation is: 1. Not done intentionally by or at the direction of: a. The insured; or b. Any "executive officer,' director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. b. The following is added to Exclusions, Section B.: Page 4 of 5 or imposed by a because of Personal and not apply if CNA (15)Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. (16)Fines or Penalties Fines or penalties levied governmental entity discrimination. c. This provision (Expanded Advertising Injury) does SB-146932-E (Ed, 06/11) SB-146932-E (Ed. 06/11) Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement, 9. Personal and Advertising Injury Re -defined Section F. Liability and Medical Expenses Definitions, item 14, Personal Advertising Injury, Paragraph c. is replaced by the following: c. The wrongful eviction from, wrongful entry Into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of it's owner, landlord or lessor. Page 5 of 5 RESOLUTION NO. 2017 — 132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TWO-YEAR AGREEMENT WITH NERI LANDSCAPE ARCHITECTS FOR A NOT -TO -EXCEED AMOUNT OF $1,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING, LANDSCAPE ARCHITECTURE, URBAN PLANNING AND DESIGN, CONSTRUCTION SUPPORT, PLAN REVIEWS, COMMUNITY OUTREACH AND COMMUNICATIONS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS 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, landscape architecture, urban planning and design, construction support, plan reviews, community outreach, and communications; and WHEREAS, 51 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 Neri Landscape Architects for a not -to -exceed amount of $1,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management' engineering, landscape architecture, urban planning and design, construction support, plan reviews, community outreach, and communications; and WHEREAS, the City has determined that Neri Landscape Architects is qualified by experience and ability to perform the services desired by the City, and Neri Landscape Architects is willing to perform such services for the not to exceed amount of $1,000,000 from June 20, 2017 through June 19, 2019. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of Neri Landscape Architects and authorizes the Mayor to execute an Agreement with Neri Landscape Architects in the not to exceed amount of $1,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management' engineering, landscape architecture, urban planning and design, construction support, plan reviews, community outreach, and communications. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute any project -specific supplemental agreements as may be required for grant funded projects. [Signature Page to Follow] Resolution No. 2017 — 132 Page Two PASSED and ADOPTED this 20th day of June, 2017. ATTEST: u Michael R. Dalla, Fity Clerk APPROVED AS TO FORM: on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on June 20, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /✓ City Clerk of the City oftIVational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-132 of the City of National City, California, passed and adopted by the Council of said City on June 20, 2017. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT e 34 MEETING DATE: June 20, 2017 AGENDA ITEM NO. 42 rEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a two-year Agreement with Neri Landscape Architects for a not -to -exceed amount of $1,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; landscape architecture; urban planning and design; construction support; plan reviews; community outreach and communications; and 2) authorizing the City Manager to execute any project - specific supplemental agreements, as may be required for grant funded projects. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance APPROVED: MIS Funds are appropriated in various CIP accounts for FY 2017; funding for subsequent fiscal years is dependent on future CIP appropriations as part of annual budget and/or future grant awards. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution executing an Agreement with Neri Landscape Architects for a not -to -exceed amount of $1,000,000 to provide on -call project support services for National City's CIP. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution • 4i1E,s0�vT1,00 No. ao'n• \3a Explanation: National City's Capital Improvement Program (CIP) estimates approximately $80 million in capital needs over the next five years. Approximately $67 million (or 84%) is available through traditional funding sources and existing grant awards. The City will need to explore alternative funding options and continue to aggressively pursue competitive grant opportunities to fund the remaining, approximately $13 million in capital needs. Projects include, for example, corridor enhancements for traffic calming, pedestrian / bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low -Impact Development (LID) measures for treatment of urban storm water runoff; drought tolerant landscaping; park amenities; and energy efficiency upgrades to City -owned buildings. In order to successfully design, manage and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services on February 2, 2017. Additional services requested via the RFQ include, for example, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, and environmental compliance involving storm water, wastewater and hazardous materials. The RFQ was advertised on the City's website, published in the San Diego Union Tribune, and e-mailed to over 100 professional consulting firms. The Department received 51 Statement of Qualifications (SOQs) from various firms by the March 6, 2017 deadline. Copies of the SOQs received are available in the Office of the City Engineer. Based on the strength of their SOQ, interview and past performance, staff recommends executing a two-year Agreement (with the option to extend for one additional year) with Neri Landscape Architects for a not -to -exceed amount of $1,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management; engineering; landscape architecture; urban planning and design; construction support; plan reviews; community outreach and communications. See Exhibit "A" for general scope of work and Exhibit "B" for schedule of fees (to remain fixed throughout the term of the Agreement). Services will be provided "as -needed" based on available funding and capital priorities. In addition, staff recommends authorizing the City Manager to execute any project - specific supplemental agreements, as may be required for grant funded projects. These supplemental agreements would reference the terms and conditions of the attached master on -call Agreement, while incorporating additional project -specific grant requirements for use of consultant support services. Authorization to accept and appropriate grant funds, and execute grant agreements with the awarding agency (e.g. Caltrans, SANDAG, etc.) would still require separate City Council action. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NERI LANDSCAPE ARCHITECTS THIS AGREEMENT is entered into on this 20th day of June, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and NERI LANDSCAPE ARCHITECTS, 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, on February 2, 2017, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is a landscape architecture firm; and WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, the CITY has determined that the CONSULTANT 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 to provide on -call project support services for National City's Capital Improvement Program (CIP), 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. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on June 20, 2017. The duration of this Agreement is for the period of June 20, 2017 through June 19, 2019. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. Any extension of this Agreement must be approved in writing by the City Council. -1- 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, project management; engineering; landscape architecture; urban planning and design; construction support; plan reviews; community outreach and communications. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. 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. Jim Neri, ASLA, LLA, Principal, thereby is designated as the Project Director for the CONSULTANT. 5. 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 $1,000,000. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "B". The CITY will not accept CONSULTANT "mark-ups" for services provided by SUBCONSULTANTS. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the general scope of services in Exhibit "A", and the detailed scope of work and schedule of deliverables provided for individual task orders, as determined by the Project Coordinator. 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. 6. 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 Standard Agreement Page 2 of 11 City of National City and Revised May 2017 Neri Landscape Architects -2- 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. 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 Services 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, unemploy- ment, 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 Standard Agreement Page 3 of 11 City ofNational City and Revised May 2017 Neri Landscape Architects -3- necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT 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 -section 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 Standard Agreement Page 4 of 11 City of National City and Revised May 2017 Neri Landscape Architects -4- reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 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 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers 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. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. Standard Agreement Page 5 of 11 City of National City and Revised May 2017 Neri Landscape Architects -5- 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. 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 Labor 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, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. 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, officials, 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) Standard Agreement Page 6 of 11 City of National City and Revised May 2017 Neri Landscape Architects -6- days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, 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. G. The Certificate Holder for all policies of insurance required by this Section shall be "City of National City, c/o Risk Manager, 1243 National City Boulevard, National City, CA 91950-4397. H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of 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. I. 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. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to 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. 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 Standard Agreement Page 7 of 11 City of National City and Revised May 2017 Neri Landscape Architects -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. 20. 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 91950-4397 Standard Agreement Page 8 of 11 City of National City and Revised May 2017 Neri Landscape Architects -8- To CONSULTANT: Jim Neri, ASLA, LLA Principal Neri Landscape Architects 928 Hornblend Street, #3 San Diego, CA 92109 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. 21. 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 fmancial 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 Section 21 by the CONSULTANT. 22. 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. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date Standard Agreement Page 9 of 11 City of National City and Revised May 2017 Neri Landscape Architects -9- 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. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. 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. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. 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 parry's counsel and advisors have reviewed this Agreement, (v) each party Standard Agreement Page 10 of 11 City of National City and Revised May 2017 Neri Landscape Architects -10- has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: NERI LANDSCAPE ARCHITECTS Ron Morrison, Mayor Jim Neri, Principal By: APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney Wendy Neri, CF Standard Agreement Page 11 of 11 City of National City and Revised May 2017 Neri Landscape Architects -11- EXHIBIT "A" NERI LANDSCAPE ARCHITECTURE 2 Neri Landscape Architecture (NLA) is a Small Local Business Enterprise/Emerging Local Business Enterprise with extensive experience building community consensus and taking projects from design to close of construction for a diverse array of clients such as the City of San Diego, Zoological Society of San Diego, Metropolitan Water District, National Wildlife Service, San Diego County Water Authority, Padre Dam Municipal Water District, Metropolitan Transit Service, as well as many other agencies and private developers. This diversity has enabled NLA to creatively respond to a wide array of challenges in a cost- efficient yet beautiful way. For instance, almost 20 years ago, when the City of San Diego needed to create a large retaining wall as the result of re -directing a street, they initially were planning on a regular cement block wall. Because of our work at the San Diego Zoo's Hippo Beach project, we were able to recommend the more attractive solution of a natural - looking shotcrete wall with pockets of vibrant bougainvillea (at savings of 30%). Since our inception, NLA has worked confidently with our clients to bring projects to fruition on schedule and within budget, gaining priceless knowledge along the way about approval processes for various types of projects. We do things the right way according to our client's requirements. NLA has extensive experience working with communities while planning new park and other civic improvements. We have lead community focus groups in consensus building, facilitating productive sessions to determine community priorities then delivering localized design solutions that exceed expectations. For example, when working on renovations at Windansea Beach in La Jolla, there was a very vocal segment of the community that did not want any changes at all to this iconic landmark area. Community workshops and presentations helped to allay fears as well as communicate the desire of the City and design team to naturally ON -CALL CIP SERVICES_2017-02-02 LANDSCAPE ARCHITECTURE -12- NERI LANDSCAPE ARCHITECTURE 3 restore the area and create a safer, more beautiful walkway. Over the years NLA has served as the landscape architect on many civic projects, including: • Children's Pool Walkway Improvements, ongoing • Del Mar Mesa Park, (currently in the bidding phase) • Windansea Beach Fence Replacement, 2016 • Fire Station 50, 2016 (design -build bridging documents) • San Diego Police Department Firing Range, 2015 (construction documents completed) • Fire Station 38, 2013 • Palisades Park Comfort Station, 2012 • SDUSD/City of San Diego Joint Use Athletic Fields, 2011 • Westbourne Street Coastal Access Stairway Replacement, 2010 • Skyline Hills Library, 2010 (design -build bridging documents) • Windansea Beach Parking Lot Improvements, 2008 • MTS Station Improvements, 2008 • Scripps Ranch Boulevard Medians, 2006 • Navajo Road Landscape Improvements, 2005 • Old Trolley Barn Park ADA Improvements, 2005 • Fay Avenue Realignment, 2002 • Colina del Sol Community Park, 1998 • Coast Boulevard Park, 1998 • Ocean Beach Pier Parking Lot, 1997 Our skilled workforce is ready to turn approved designs into thorough construction documents and specifications. Working with AutoCad, LandFX, Sketchup, Photoshop and Excel, we develop universal access designs and track costs at every level, maintaining a two - person quality control check system to ensure that every submittal has had two sets of eyes on it. Value engineering options are identified early and contractor requests for information during bidding are answered, routed and tracked according to Client protocols. During construction, regardless of contractor means and methods, NLA verifies that work has been performed according to construction and local standards and that the design intent has been implemented to protect the health, safety and welfare of the public. Signed by authorized representative for NLA who has authority to enter into a binding agreement and authorize changes to scope, terms, and conditions of the agreement: Jim Neri, Principal ON -CALL CIP SERVICES_2017-02-02 LANDSCAPE ARCHITECTURE -13- NERI LANDSCAPE ARCHITECTURE 5 2. EXECUTIVE SUMMARY As noted in our cover letter, Neri Landscape Architecture has a wealth of experience designing and overseeing a variety of civic, institutional, commercial and residential projects. We respond to the needs of each situation by assessing with our client the priorities of each job and take into account functionality, design and cost. We will provide all information requested in the RFQ: contact information, our project team and resumes, project experience with examples, the thorough method we will approach each project as well as the financial system we have in place. NLA is a small local business (SLBE/ELBE) that has been in business exclusively in San Diego for almost 20 years. We are financially stable, and have never been involved in any lawsuit or litigation. NLA currently employs 4 San Diegans and are planning to hire 1-2 more employees within the next year. We are a nimble, efficient firm and able to keep our operating expenses down while still providing high quality work. We are a small firm who designs big projects. Although NLA has not worked on National City projects, we have designed many civic and residential projects (Coast Boulevard Park, Children's Pool Walkway, Windansea Beach Master Plan, Hotel del Coronado beach walkway) focusing on coastal access, beach plantings and coastal slope erosion control. Our re -vegetation work for the U.S. Fish & Wildlife Service headquarters in Chula Vista is a shining example of our ability to work with biologists to design a seamless landscape extension of a natural habitat as a setting for the built environment. Jim Neri was also one of the landscape architects involved in the design of Tuna Harbor (aka "G Street Mole") and The Old Ferry Landing in Coronado while with another firm. We know how to make city requirements work. ON -CALL CIP SERVICES_2017-02-02 LANDSCAPE ARCHITECTURE -14- EXHIBIT B SCHEDULE OF FEES Reimbursable expenses will be billed to the City at cost plus ten percent (5%). Consultant shall provide Project Manager with copies of all receipts or invoices for reimbursable expenses. Consultant and Sub -consultant Hourly Rates Neri Landscape Architecture Job Title Hourly Rate Principal $150.00 Landscape Architect $115.00 Designer $95.00 Draftsperson $55.00 Clerical $35.00 Sillman Wright Architects Job Title Hourly Rate Principal $210.00 Sr. Project Architect $190.00 Project Architect $170.00 Project Designer $160.00 Project Manager $150.00 Job Captain $120.00 Drafter $105.00 Administrative $90.00 Snipes -Dye Civil Engineers Job Title Civil Engineering Services: Principal Engineer Project Manager Project Engineer Design Engineer CAD Technician Assistant Design Engineer Assistant CAD Technician Junior Design Engineer Technical Assistant Surveying Services: Principal Surveyor Project Manager GPS Survey Crew 1-Person Survey Crew 1-Person Survey Crew Prev. Wage 2-Person Survey Crew Hourly Rate $205.00 $185.00 $165.00 $140.00 $120.00 $114.00 $94.00 $90.00 $82:00 $205.00 $185.00 $205.00 $175.00 $220.00 $205.00 Page 1 of 4 -15- 2-Person Survey Crew Prev. Wage $265.00 Survey Manager $165.00 Survey Analyst $140.00 Survey Calculations $118.00 CAD Technician $120.00 Assistant CAD Technician $94.00 Technical Assistant $82.00 Note: Surveying rates shown include all equipment. Other Services: Forensic Engineering $285.00 BTA Engineers, Inc. Job Title Hourly Rate Mechanical Engineer $110.00 Mechanical Designer I $90.00 Mechanical Designer II $75.00 Mechanical Drafter I $60.00 Clerical $55.00 Hope - Amundson Job Title Hourly Rate Principal -in -Charge $250.00 Sr. Project Manager $180.00 Project Manager $160.00 Project Engineer $130.00 Designer $110.00 Senior BIM/CAD Technician $115.00 BIM/CAD Technician $95.00 Administrative Assistant $75.00 Rizza Engineering Job Title Hourly Rate Principal $225.00 Sr. Associate $215.00 Associate $200.00 Project Manager $190.00 Sr. Engineer/QA/QC $170.00 Engineer $155.00 Lighting Designer $150.00 Senior Designer $150.00 Designer $120.00 Designer/CAD Manager $120.00 BIM Specialist $120.00 Jr. Designer/CAD Operator $100.00 Administrative Assistant $70.00 Page 2 of 4 -16- Geotechnical Exploration Job Title Engineering, Geology, Technical Principal Engineering Geologist Senior Geotechnical Engineer Senior Project Engineering Geologist Senior Project Geologist Senior Project Engineer Project Engineer Project Engineering Geologist Project Geologist Senior Staff Engineer Senior Staff Engineering Geologist Senior Staff Geologist Staff Engineer Staff Engineering Geologist Staff Geologist Field/Laboratory Technician CAD Graphics Word Processor SOIL TESTS: Atterberg Limits Liquid Limit (ASTM D4318) Plastic Limit (ASTM D4318) Shrinkage Limit Plasticity Index Hourly Rate $195.00 $175.00 $148.00 $148.00 $148.00 $132.00 $132.00 $132.00 $115.00 $115.00 $115.00 $105.00 $105.00 $105.00 $78.00 $68.00 $65.00 $90.00 $90.00 $90.00 $180.00 Soil Classification Visual Only (ASTM D2488) Specific Gravity, Fine Particles (ASTM D854) Specific Gravity, Coarse Particles (ASTM C127) Unified Soil Classification (ASTM D2487) U.S.D.A. $15.00 $50.00 $45.00 $60.00 $60.00 Grain Size Distribution Sieve Analysis (percent fmer than #200 -- washed) (ASTM D1140)$60.00 Sieve Analysis -- #4-#200 (ASTM D422) $90.00 Sieve Analysis -- 3/4" to #200 washed (ASTM D422) $120.00 Sieve & Hydrometer Analysis (#4, ASTM D422) $150.00 Expansion Index Expansion Potential, undisturbed Expansion Potential, remolded (excluding maximum density) Expansion Index (ASTM D4829, UBC 29-2) Moisture Density Relations Moisture Content (ASTM D2216) Page 3 of 4 -17- $105.00 $105.00 $130.00 $18.00 Dry Density and Moisture Content Ring or Drive samples Waxed Chunk samples Maximum Density - Optimum Moisture Standard Proctor Method A or B (ASTM D1557) Method C (ASTM D1557) Soil Strength Direct Shear Test (ASTM D3080) Triaxial Shear Test Residual Shear Consolidation One -Dimensional Consolidation (ASTM D2435) Time Rate of Consolidation (ASTM D2435) $32.00 $35.00 $156.00 $200.00 $200.00 Quote $275.00 $210.00 $240.00 Water Resources Permeability Testing (Constant or Falling Head) Remolded sample Quote Undisturbed sample Quote Street Bearing Testing California Bearing Ratio (San Diego County) $135.00 Resistance Value (R-value) $275.00 Sand Equivalent (ASTM D2419) $60.00 Corrosion Susceptibility Electrical Resistivity and pH $85.00 Excavations Hand -dug Pits (2-person crew) Quote Backfilling (2-person crew) Quote Backhoe and Operator Quote Borings Hand -operated, continuous -flight auger (2-person crew) Quote Truck -mounted, continuous -flight auger Quote Truck -mounted, rotary bucket rig Quote TECHNICAL SERVICES Seismic Refraction Quote Gravity, Magnetic, Aeromagnetic Quote Electrical (Resistivity, IP, EM) Quote Magnetotellurics (MT, AMT, CSAMT) Quote Interpretation, Reinterpretation, Computer Modeling Quote Page 4 of 4 -18- RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TWO-YEAR AGREEMENT WITH NERI LANDSCAPE ARCHITECTS FOR A NOT -TO -EXCEED AMOUNT OF $1,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING, LANDSCAPE ARCHITECTURE, URBAN PLANNING AND DESIGN, CONSTRUCTION SUPPORT, PLAN REVIEWS, COMMUNITY OUTREACH AND COMMUNICATIONS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS 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, landscape architecture, urban planning and design, construction support, plan reviews, community outreach, and communications; and WHEREAS, 51 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 Neri Landscape Architects for a not -to -exceed amount of $1,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management' engineering, landscape architecture, urban planning and design, construction support, plan reviews, community outreach, and communications; and WHEREAS, the City has determined that Neri Landscape Architects is qualified by experience and ability to perform the services desired by the City, and Neri Landscape Architects is willing to perform such services for the not to exceed amount of $1,000,000 from June 20, 2017 through June 19, 2019. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of Neri Landscape Architects and authorizes the Mayor to execute an Agreement with Neri Landscape Architects in the not to exceed amount of $1,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management' engineering, landscape architecture, urban planning and design, construction support, plan reviews, community outreach, and communications. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute any project -specific supplemental agreements as may be required for grant funded projects. [Signature Page to Follow] Resolution No. 2017 — Page Two PASSED and ADOPTED this 20'h day of June, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 Michael R. Dalla, CMC - City Clerk July 11, 2017 Mr. Jim Neri Neri Landscape Architects 928 Hornblend Street #3 San Diego, CA 92109 Dear Mr. Neri, On June 20th, 2017, Resolution No. 2017-132 was passed and adopted by the City Council of the City of National City, authorizing execution of an Agreement with Neri Landscape Architects. 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