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HomeMy WebLinkAbout2017 CON Geosyntec Consultants - Environmental Consulting ServicesAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND GEOSYNTEC CONSULTANTS, INC. THIS AGREEMENT is entered into on this 5th day of December, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and GEOSYNTEC CONSULTANTS, INC., 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 an environmental engineering, planning and design 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 December 5, 2017. The duration of this Agreement is for the period of December 5, 2017 through December 4, 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. 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to: environmental engineering, site assessments, characterization and remediation, groundwater monitoring and reporting, and preparation of environmental studies in accordance with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA). 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. Veryl Wittig, PG, 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 $500,000. 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. Standard Agreement Page 2 of 11 Revised July 2017 Geosyntec Consultants City of National City and 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 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 Standard Agreement Page 3 of 11 Revised July 2017 Geosyntec Consultants City of National City and CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 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 Standard Agreement Page 4 of 11 City of National City and Revised July 2017 Geosyntec Consultants 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 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 Standard Agreement Page 5 of 11 Revised July 2017 Geosyntec Consultants City of National City and the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. 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 Standard Agreement Page 6 of 11 Revised July 2017 Geosyntec Consultants City of National City and shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation. 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 Standard Agreement Page 7 of 11 Revised July 2017 Geosyntec Consultants City of National City and 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 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: Standard Agreement Page 8 of 11 Revised July 2017 Geosyntec Consultants City of National City and To CITY: Stephen Manganiello Director of Public Works/City Engineer City of National City Engineering & Public Works Department 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Veryl Wittig, PG Project Director Geosyntec Consultants, Inc. 16644 West Bernardo Dr., Suite 301 San Diego, CA 92127 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. ❑ 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 Standard Agreement Page 9 of 11 Revised July 2017 Geosyntec Consultants City of National City and 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 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. Standard Agreement Page 10 of 11 Revised July 2017 Geosyntec Consultants City of National City and 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 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 GEOSYNTEC CONSULTANTS, INC. By: Sam Williams o ison, Mayor Vice President APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: R e berto M. Contreras Deputy City Attorney Standard Agreement By: ev"' ; eirry Sang at Executive Vice President City of National City and Revised July 2017 Geosyntec Consultants Page 11 of 11 EXHIBIT "A" Geosyntec consultants Stephen Manganiello, Director of Public Works/City Engineer City of National City Department of Engineering & Public Works 1243 National City Boulevard National City, CA 91950 Subject: Re: 16644 West Bernardo Dr., Suite 301 San Diego, California 92127 PH 858.674.6559 FAX 858.674.6586 www.geosvntec.com 6 March 2017 Environmental CIP Support that Yields Expertise and Innovation with the Added Benefit of Staff Continuity Statement of Qualifications for On Call Project Support Services for the City of National City Dear Mr. Manganiello: In response to your Request for Qualifications (RFQ) referenced above, Geosyntec Consultants, Inc. (Geosyntec) is pleased to offer specialized professional services to the City of National City (the City) in the following discipline: Environmental Engineering, Planning and Design. Our Statement of Qualifications (SOQ), which fully conforms to your RFQ, describes Geosyntec's expertise, specific project experience in National City, quality of client service, local knowledge and industry leadership that we bring. We understand that direct and relevant experience such as ours, quality of service, and understanding of the unique technical challenges relevant to the City and the CIP are of paramount importance. Working with a consultant team that knows and understands the City and its environmental challenges stands to benefit the progress of CIP implementation. Toward that end, we look forward to continuing to work on behalf of National City by serving the needs of City staff through analysis of project challenges and implementation of innovative solutions. Geosyntec has reviewed, understands, and is uniquely qualified to implement the Environmental Engineering, Planning & Design scope of services described in the RFQ. We are confident that Geosyntec fully meets and exceeds the City's selection criteria for performing Site Assessment and Characterization, Water Resources, CEQW/NEPA, and Remediation specialties. Geosyntec has been providing a comprehensive and cost-effective range of environmental engineering services to the City since 2007, and we have a strong track record managing and performing similar as -needed contracts for municipal agencies and public utilities in San Diego County and throughout Southern California. The depth and breadth of our locally -based experience will be valuable in continuing to provide exceptional service and responsiveness, and streamlining project execution and supporting City staff. We will staff this project out of our two fully self - supported offices in San Diego (Rancho Bernardo and a Central San Diego office) with our Central San Diego location serving as the project office. Geosyntec's San Diego operations are currently staffed with more than 65 professionals and technical support staff with specific expertise to serve the City's needs. Additionally, Rocks Biological Consulting and Tri-County Drilling, locally -based DBE - certified firms that specializes in environmental studies, augments the expert capabilities of the Geosyntec Team. engineers I scientists I innovators Stephen Manganiello Page 2 Mr. Veryl Wittig, who has managed many local environmental programs including our contract with the City's former Community Development Commission (CDC) and Successor Agency, will serve as the Project Director and oversee this contract. Chris Lieder who has managed several key projects for National City will be your Project Manager responsible for project delivery with excellent schedule and budget control. Chris will continue to be supported by the same qualified and experienced team of engineers, geologists, environmental specialists and support staff that has served the City since 2007. Geosyntec affirms that the staff comprising the Project Team will be available and dedicated to the City as needed; and there will be no substitutions of personnel without the approval of the City. We look forward to continuing to deliver environmental engineering excellence as your partner and consultant. Please contact us for any additional information. Sincerely, Veryl Wittig, PG, CHG Project Director VWittig@Geosyntec.com (858) 716-2903 engineers I scientists I innovators Christopher Lieder, PG Project Manager CLieder@Geosyntec.com (858) 716-2914 Geosyntec° consultants STATEMENT OF QUALIFICATIONS On -Call Project Support Services National City's Capital Improvement Program 2. EXECUTIVE SUMMARY The City of National City (the "City") seeks on -call multi -disciplinary professional services in support of its Capital Improvement Program (CIP). Geosyntec is highly qualified, well -suited, and eager to continue to support the City by delivering comprehensive and cost-effective environmental engineering services. Utilizing our expert resources in concert with our proven performance for the City over the past decade, Geosyntec will continue to deliver superior program outcomes over the two- year contract. We hereby express our strong interest in helping the City achieve environmental quality goals and comply with expanding regulatory requirements, and respectfully present our expert qualifications that meet/exceed City requirements. Geosyntec has more than 65 locally -based professionals and technical support staff to provide the City with expertise specifically related to Environmental Planning, Design & Engineering. These services include characterization and remediation of contaminated properties; groundwater monitoring and reporting; human and ecological risk assessments; environmental studies in accordance with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA); and water resources services including Stormwater Quality Management Plans (SWQMPs), Stormwater Pollution Prevention Plans (SWPPPs), Best Management Practices (BMPs) manuals, and Low Impact Development (LID). Geosyntec's proven performance and in-depth working knowledge of the local environment assures excellent quality and responsive service to National City. MULTI -FACETED STRENGTHS WILL SUPPORT NATIONAL CITY IN ENVIRONMENTAL PLANNING, DESIGN & ENGINEERING Geosyntec's key environmental planning, design and engineering strengths for this contract include: ➢ Demonstrated understanding and familiarity with City needs, issues and procedures gained from ongoing work as your environmental consultant for the present contract period ➢ Local presence and professional service from two offices in Rancho Bernardo and Mission Valley assures quick access to your sites by our project team members ➢ Knowledge of subsurface and surface conditions throughout the City's jurisdiction, and thorough understanding of complex regional/local geologic and hydrogeologic conditions ➢ Proven local experience at 10 redevelopment sites in National City • Expertise in environmental engineering capabilities that support CIP programs ➢ Successful as -needed contract execution ➢ Knowledge of upcoming regulatory changes ➢ Environmental compliance expertise ➢ Exemplary stormwater technical leadership on national and regional levels ➢ 100+ years of combined environmental consulting experience on pertinent local issues ➢ Knowledge of local, state and national regulations, engineering standards, and guidance documents © 2017 Geosyntec Consultants, Inc. All rights reserved, use only with permission. Page I 1 Geosyntec° consultants STATEMENT OF QUALIFICATIONS On -Call Project Support Services National City's Capital Improvement Program SUCCESSFULLY SERVING AS CONSULTANT AND PARTNER TO THE CITY Geosyntec has been providing a comprehensive and cost-effective range of environmental engineering services to the City since 2007, and we look forward to continue serving the City over the next two years on an as -needed basis. At Geosyntec, we understand the business of city government and the daily demands of strict accountability, tight budgets and deadlines, and answering to a diverse range of customers - who are also constituents. We have served municipalities and various agencies throughout the United States since our founding in 1983, providing services in environmental consulting, natural resources management, engineering design and construction management. Our proven experience enables us to become an integral part of the City's team and to enable you to address today's challenges. Our dedicated National City Team of Geosyntec professionals investigate, design and implement practical, often innovative solutions that help meet management objectives as well as resolve site - specific technical challenges. Our team is committed to providing these project services on a timely basis, allowing the City to function uninterrupted as it serves residents and businesses. We can expedite a project to alleviate imminent concerns or, conversely, perform a project in phases to meet the annual limitations of a capital improvement program. We can help identify funding mechanisms and secure grants to provide needed capital for projects. Geosyntec is accustomed to operating in accord with the contracting and reporting requirements of local governments, and we routinely help clients meet their management goals in areas such as minority or disadvantaged business utilization and local subcontracting. Our practitioners are also skilled in supporting community efforts. For example, we provide technical information to stakeholders and public interest groups in everyday language and host public meetings that promote understanding and teamwork. BUILDING ON CURRENT AND PREVIOUS WORK IN NATIONAL CITY Geosyntec has significant experience providing engineering and environmental services in National City as shown on the map above. © 2017 Geosyntec Consultants, Inc. All rights reserved, use only with permission. Page 12 Geosyntec') consultants STATEMENT OF QUALIFICATIONS On -Call Project Support Services National City's Capital Improvement Program STAFF QUALIFICATIONS AND LICENSING Geosyntec offers the City a focused group of expert and experienced professional and technical staff with decades of specialized environmental and engineering experience in San Diego County. We offer the City staff continuity and a project team that will continue to provide quality, as -needed services as we have in support of City projects over the past 10 years. Our Project Director, Veryl Wittig, our Project Manager, Christopher Lieder, and key staff have the necessary licenses and certifications and direct and relevant experience managing and performing projects in National City. Our team organization, staffing plan and staff qualifications with licensing information are presented in Section 4. Detailed resumes for selected staff are presented in the Appendix. We are known for our innovative approaches, exceptional responsiveness, specialized experience, and superior program and project outcomes. 3. CONTACT INFORMATION a. Legal Name and Address: GEOSYNTEC CONSULTANTS, INC. 900 Broken Sound Parkway NW, Suite 200, Boca Raton, FL 33487 b. Organization Structure: Corporation c. Addresses of Geosyntec Offices working on the project 16644 West Bernardo Drive, Suite 301, San Diego, CA 92127 2355 Northside Drive, San Diego, CA 92108 d. Authorized Representative to respond to this proposal: Veryl Wittig, PG, CHG, Senior Principal and Project Director 16644 West Bernardo Drive, Suite 301 San Diego, CA 92127 Office: 858.674.6559; Mobile: 619.884.6552; VWittig@Geosyntec.com FIRM OVERVIEW Geosyntec consultants Geosyntec is a highly respected, top -tier geo-environmental consulting and engineering firm that works with private and public sector clients to address complex problems involving the environment, natural resources, and civil infrastructure. Established in 1983 as an employee -owned firm, Geosyntec focuses on bringing value to clients through technical innovation and reliable project execution. Our practice is centered on projects involving environmental investigation and remediation; groundwater and natural resource assessment and restoration; and engineering and design for environmental, water resources and geotechnical infrastructure. Our two offices within the City of San Diego are staffed with more than 65 locally -based professionals specializing in hydrogeology, hydrology, water resources, environmental and geotechnical engineering, data management and visualization, and construction management. enable us to be © 2017 Geosyntec Consultants, Inc. All rights reserved, use only with permission. Page I 3 Geosyntec t" consultants STATEMENT OF QUALIFICATIONS On -Call Project Support Services National City's Capital Improvement Program extremely responsive to the City's needs. Outside San Diego, Geosyntec staff comprises over 1,200 engineers, scientists, and related support staff located in more than 80 offices throughout the U.S. and select international locations. Geosyntec is entirely employee -owned and operated, and is routinely recognized for technology leadership, exceptional client service and project excellence. 4. TEAM ORGANIZATION AND KEY PERSONNEL Geosyntec will provide the best -in -class environmental services capabilities to National City with a cohesive project team that has successfully completed environmental engineering projects on behalf of the City since 2007, and throughout San Diego County since we established our first local office in 1998. This expert team of more than 65 locally -based staff brings exceptional depth and range of experience. Our team leaders have more than 100 years of combined relevant experience; their exemplary qualifications and those of our project support staff are summarized on the following pages. Detailed resumes of selected key staff are presented in the Appendix. As Project Director, Veryl Wittig will continue to lead our team and be in charge of approving submittals and coordinating our work with the City and other agencies. He will work closely with our Task Managers for Site Assessment and Characterization, Remediation, Water Resources, CEQA/NEPA, and our QA/QC Advisor. Veryl will utilize and manage technical resources within Geosyntec on an as -needed basis to execute the project objectives in the most effective and cost- efficient way. We will supplement additional technical staffing needs by drawing upon ckt-IFol31�iy N,vanNiA it mcomrenAirtio ENGINEERING & PUBLIC WORKS DEPARTMENT PROJECT DIRECTOR Veryl Wittig, PG. CHG. OSD Doug Baumwirt. PG - Task Manager Key Staff Daniel Pelikan. PG Nick Godinez, PG Jared Warner, PG Risk Assessment Ruth Custance Cathy Vitlaroman Monitoring and Sampling David Skippon Stew Aadnes IS..L. DataSta_SMPPort Jennifer Gordon Subcontractor Tti-County Drilling (DBE) PROJECT ANAGER Chris Lieder. PG, QSD WATER RESOURCES Trevor Alsop, PE. CFM, ENV SP - Task Manager Key Staff Courtney Wilson, PE. OSD Venkat Gummadi, PE, CPESC OSP/D Miguel Parames, PE QSD Andrew McGann, CPESC, QSP Gerard Ellison, CESSWI. QSP CEQA / NEPA Kathleen Harrison, PG. QSP/D - Task Manager Key Staff Tania Curulla. EIT, CPESC, CPSWQ, QSP/D Maggie McCormick, EIT Danielle Kerper, PG, QSP/D. QISP Rocks Biological Consulting (DBE) Geosyntec consultants DATA EVALUATION / QA/OC REMEDIATION Chad Bird, PE - Task Manager Key Staff Ryan Gray, PG Rebecca Oliver, PE. OSP/D Brian Rockwell, GIT Bench & Pilot Testing SiREM CADD Services Mike Carlson Jerry Amos $ubcontractQr NRC Environmental Services © 2017 Geosyntec Consultants, Inc. All rights reserved, use only with permission. Page I 4 Geosyntec ° consultants STATEMENT OF QUALIFICATIONS On -Call Project Support Services National City's Capital Improvement Program more than 140 regionally -based Geosyntec engineers, geologists, environmental scientists, technicians, and project support personnel. Geosyntec commits the project team as presented to National City for the duration of the contract. We understand no changes to the composition of the team will be allowed without written approval of the City. Our staffing plan with project roles and reporting relationships specific to the Scope of Services for Environmental Engineering is represented in the Team Organization Chart shown on the previous page. © 2017 Geosyntec Consultants, Inc. All rights reserved, use only with permission. Page 15 EXHIBIT "B" GEOSYNTEC CONSULTANTS RATE SCHEDULE FOR CITY OF NATIONAL CITY, DEPARTMENT OF PUBLIC WORKS (Updated 10 November 2017) Engineer/Scientist Rate/Hour Staff Professional $ 1 14. Senior Staff Professional $131 Professional $144 Project Professional $163 Senior Professional $184 Principal (formerly Associate) $206 Senior Principal (formerly Principal) $236 Field Services Engineering Technician $ 76 Senior Engineering Technician $ 86 Field Manager $ 92 Site Manager $ 97 Field Superintendent $ 103 Design, Graphical, and Administrative Services Senior Drafter/Senior CADD Operator Drafter/CADD Operator/Artist Admin Assistant/Tech Word Processor Clerical General Direct Expenses Subconsultant Services Subcontract Services Specialized Computer Applications (per hour) Personal Automobile (per mile) $122 $108 $ 66 $51 Cost plus 0% Cost plus 0% Cost plus 10% $ 10 Current IRS Rate Rates are provided on a confidential basis and are client and project specific. Unless otherwise agreed, these rates will remain in effect for the term of the Agreement (up to 3 years). Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. Geosyntec_CNC Rates.2017 Client#: 25361 GEOSCONS ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/27/2017 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 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 INSURED NAMEACT Carly Underwood PHONE 770.552.4225 (A/C, No, Ext): E-MAIL ADDRESS: carly.underwood@greyling.com 1 FAx No):866.550.4082 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : National Union Fire Ins. Co. 19445 Geosyntec Consultants, Inc. 900 Broken Sound Parkway NW, Suite 200 Boca Raton, FL 33487 INSURER B : Aspen American Insurance Compan 43460 INSURER C : New Hampshire Ins. Co. 23841 INSURER D : Allianz Underwriters Insurance 36420 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 17-18 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 ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 5268179 04/01/2017 04/01/2018 EACH OCCURRENCE $1,000,000 PREMISESO(Ea RENTED $500,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $25,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES JECOT X PER: LOC PRODUCTS - COMP/OP AGG $2,000,000 $ A A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED 4489673 (AOS) 4489674 (MA) 04/01/2017 04/01/2017 04/01/2018 04/01/2018 (Ea aBccdentSINGLE LIMIT $1,000,000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ CX005GA17 04/01/2017 04/01/2018 EACH OCCURRENCE $5,000,000 B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE $5,000,000 $ AGGREGATE DED X RETENTION $0 C A C 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 N / A 015893709 (AOS) 015893710 (CA) 015893711 (ME) 04/01/2017 04/01/2018 X I PER I I H ER STATUTE E.L. EACH ACCIDENT $1,000,000 $1,000,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $1,000,000 D Professional Liab /Contractors Pollution Liab EIL2008657 04/01/2017 04/01/2018 Per Claim $5,000,000 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Capital Improvement Program Support Services Agreement 12/5/2017. City of National City and its elected officials, officers, agents, employees and volunteers are named as Additional Insureds with respects to General & Automobile Liability where required by written contract. CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager Attn: Tirza Gonzales 1243 National City Blvd. National City, CA 91950-4397 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 ACORD 25 (2014/01) 1 of 1 #5911538/M806643 © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CUND1 This page has been left blank intentionally. POLICY NUMBER: 4489673 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Co- verage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: GEOSYNTEC CONSULTANTS, INC. i SCHEDULE Name Of Person(s) Or Organization(s): AS REQUIRED PER WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Cover- age, but only to the extent that person or organ- ization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. CA 20 48 10 13 of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form, Insurance Services Office, Inc., 2011 Page 1 of 1 This page has been left blank intentionally. POLICY NUMBER: 5268179 COMMERCIAL GENERAL. LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE. POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES. OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. PER THE CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not wn above, will be shown in. the Deciaratkots. A. Section II - Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 • Insurance Services Office, Inc., 2012 t, Page 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable UM te ,of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations, Page 2 of 2 A Insurance Services Office, Inc., 2012 CG 20 10 04 13 ❑ POLICY NUMBER: 5268179 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. PER THE CONTRACT OR AGREEMENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agree- ment, the insurance afforded to such addi- tional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insu- rance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. CG 20 37 04 13 C. Insurance Services Office, Inc., 2012 Page 1 of 1 0 This page has been left blank intentionally. BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 4 / 1 / 2 017 forms a part of Policy No. 15893710 Issued to GEOSYNTEC CONSULTANTS , I NC . By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. WC040361 (Ed. 11/90) Countersigned by AMALek Authorized Representative RESOLUTION NO. 2017 — 231 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TWO-YEAR AGREEMENT WITH GEOSYNTEC CONSULTANTS, INC., FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $500,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL ENGINEERING, SITE ASSESSMENTS, CHARACTERIZATION AND REMED!ATION, GROUNDWATER MONITORING AND REPORTING, AND PREPARATION OF ENVIRONMENTAL STUDIES IN ACCORDANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT AND CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS WHEREAS, National City's Capital Improvement Program (CIP) estimates approximately $80 million in capital improvement projects needs over the next five years; and WHEREAS, to successfully design, manage, and construct these projects, the Engineering and Public Works Department issued a Request for Qualifications (RFQ) for various engineering, architectural, and construction support services; 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, based on the strength of their Statement of Qualifications (SOQ), interview and past performance, staff recommends executing a two-year Agreement with Geosyntec Consultants, Inc., for a not -to -exceed amount of $500,000 to provide on -call project support services for National City's CIP, including, but not limited to, environmental engineering, site assessments, characterization and remediation, groundwater monitoring and reporting, and preparation of environmental studies in accordance with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA); and WHEREAS, the Agreement includes an option to extend the term for one additional year; and WHEREAS, in addition, staff recommends authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute a two-year Agreement with Geosyntec Consultants, Inc., for the total not to exceed amount of $500,000, with an option to extend the term for one additional year, to provide on -call project support services for National City's CIP, including, but not limited to, environmental engineering, site assessments, characterization and remediation, groundwater monitoring and reporting, and preparation of environmental studies in accordance with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA). Said Agreement is on file in the office of the City Clerk. [Signature Page to Follow] Resolution No. 2017 — 231 Page Two PASSED and ADOPTED this 5th day of December2017. on Morrison, Mayor ATTEST: Michael R. DaIla, City Clerk APPROVED AS TO FORM: A "I o s-Jone City Att • - ey Passed and adopted by the Council of the City of National City, California, on December 5, 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 ti.q.dt,e1Z.di lerk of the C of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-231 of the City of National City, California, passed and adopted by the Council of said City on December 5, 2017. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 5, 2017 AGENDA ITEM NO. 5 TEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a two-year Agreement with Geosyntec Consultants, Inc. for a not -to -exceed amount of $500,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, environmental engineering, site assessments, characterization and remediation, groundwater monitoring and reporting, and preparation of environmental studies in accordance with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA); 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: APPROVED: Finance MIS Funds are appropriated in various CIP accounts for FY 2018; 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 Geosyntec Consultants, Inc. for a not -to -exceed amount of $500,000 to provide on -call project support services for National City's CIP. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 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 plan 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 Geosyntec Consultants, Inc. for a not -to -exceed amount of $500,000 to provide on -call project support services for National City's CIP, including, but not limited to, environmental engineering, site assessments, characterization and remediation, groundwater monitoring and reporting, and preparation of environmental studies in accordance with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA). 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 GEOSYNTEC CONSULTANTS, INC. THIS AGREEMENT is entered into on this 5th day of December, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (th.e "CITY"), and GEOSYNTEC CONSULTANTS, INC., 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 an environmental engineering, planning and design 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 December 5, 2017. The duration of this Agreement is for the period of December 5, 2017 through December 4, 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: environmental engineering, site assessments, characterization and remediation, groundwater monitoring and reporting, and preparation of environmental studies in accordance with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA). 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. Veryl Wittig, PG, 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 $500,000. 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. Standard Agreement Page 2 of 11 Revised July 2017 Geosyntec Consultants City of National City and -2- 6. ACCEPTABILITY OF WORK. The CITY shall decide arty and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 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 Standard Agreement Page 3 of 11 City of National City and Revised July 2017 Geosyntec Consultants -3- CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper andefficient 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. CONT "OL. 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. STAN l ARH tSF 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 Standard Agreement Page 4 of 11 City of National City and Revised July 20l 7 Geosyntec Consultants -4- 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 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 Standard Agreement Page 5 of 11 City of National City and Revised July 2017 Geosyntec Consultants -5- the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. - 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 Standard Agreement Page 6 of 11 Revised July 20 ] 7 Geosyntec Consultants City of National City and -6- shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation. 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 fmal 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 Standard Agreement Page 7 of 11 Revised July 2017 Geosyntec Consultants City of National City and -7- 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 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: Standard Agreement Page 8 of 11 City of National City and Revised July 2017 Geosyntec Consultants -8- To CITY: Stephen Manganiello Director of Public Works/City Engineer City of National City Engineering & Public Works Department 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Veryl Wittig, PG Project Director Geosyntec Consultants, Inc. 16644 West Bernardo Dr., Suite 301 San Diego, CA 92127 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 fmancial 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 Standard Agreement Page 9 of 11 Revised July 2017 Geosyntec Consultants City of National City and -9- 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 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. 3. 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. Standard Agreement Page 10 of 11 Revised July 2017 Geosyntec Consultants City of National City and -10- 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 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 GEOSYNTEC CONSULTANTS, INC. By: Ron Morrison, Mayor By: B Sam Williams Vice President APPROVED AS TO FORM: Executive Vice President Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney Standard Agreement Page 11 of 11 City of National City and Revised July 2017 Geosyntec Consultants -11- EXHIBIT "A" Geosynte&> consultants Stephen Manganiello, Director of Public Works/City Engineer City of National City Department of Engineering & Public Works 1243 National City Boulevard National City, CA 91950 Subject: Re: 16644 West Bernardo Dr., Suite 301 San Diego, California 92127 PH 858.674.6559 FAX 858.674.6586 www.geoyntec,conl 6 March 2017 Environmental CIP Support that Yields Expertise and Innovation with the Added Benefit of Staff Continuity Statement of Qualifications for On Call Project Support Services for the City of National City Dear Mr. Manganiello: In response to your Request for Qualifications (RFQ) referenced above, Geosyntec Consultants, Inc. (Geosyntec) is pleased to offer specialized professional services to the City of National City (the City) in the following discipline: Environmental Engineering, Planning and Design. Our Statement of Qualifications (SOQ), which fully conforms to your RFQ, describes Geosyntec's expertise, specific project experience in National City, quality of client service, local knowledge and industry leadership that we bring. We understand that direct and relevant experience such as ours, quality of service, and understanding of the unique technical challenges relevant to the City and the CIP are of paramount importance. Working with a consultant team that knows and understands the City and its environmental challenges stands to benefit the progress of CIP implementation. Toward that end, we look forward to continuing to work on behalf of National City by serving the needs of City staff through analysis of project challenges and implementation of innovative solutions. Geosyntec has reviewed, understands, and is uniquely qualified to implement the Environmental Engineering, Planning & Design scope of services described in the RFQ. We are confident that Geosyntec fully meets and exceeds the City's selection criteria for performing Site Assessment and Characterization, Water Resources, CEQA/NEPA, and Remediation specialties. Geosyntec has been providing a comprehensive and cost-effective range of environmental engineering services to the City since 2007, and we have a strong track record managing and performing similar as -needed contracts for municipal agencies and public utilities in San Diego County and throughout Southern California. The depth and breadth of our locally -based experience will be valuable in continuing to provide exceptional service and responsiveness, and streamlining project execution and supporting City staff. We will staff this project out of our two fully self - supported offices in San Diego (Rancho Bernardo and a Central San Diego office) with our Central San Diego location serving as the project office. Geosyntec's San Diego operations are currently staffed with more than 65 professionals and technical support staff with specific expertise to serve the City's needs. Additionally, Rocks Biological Consulting and Tri-County Drilling, locally -based DBE - certified firms that specializes in environmental studies, augments the expert capabilities of the Geosyntec Team. engineers I scientists I innovators -12- Stephen Manganiello Page 2 Mr. Veryl Wittig, who has managed many local environmental programs including our contract with the City's former Community Development Commission (CDC) and Successor Agency, will serve as the Project Director and oversee this contract. Chris Lieder who has managed several key projects for National City will be your Project Manager responsible for project delivery with excellent schedule and budget control. Chris will continue to be supported by the same qualified and experienced team of engineers, geologists, environmental specialists and support staff that has served the City since 2007. Geosyntec affirms that the staff comprising the Project Team will be available and dedicated to the City as needed; and there will be no substitutions of personnel without the approval of the City. We look forward to continuing to deliver environmental engineering excellence as your partner and consultant. Please contact us for any additional information. Sincerely, Veryl Wittig, PG, CHG Project Director VWittig@Geosyntec.com (858) 716-2903 engineers I scientists I innovators Christopher Lieder, PG Project Manager CLieder@Geosvntec.com (858) 716-2914 -13- Geosyntec consultants STATEMENT OF QUALIFICATIONS On -Call Project Support Services National City's Capital Improvement Program 2. EXECUTIVE SUMMARY The City of National City (the "City") seeks on -call multi -disciplinary professional services in support of its Capital Improvement Program (CIP). Geosyntec is highly qualified, well -suited, and eager to continue to support the City by delivering comprehensive and cost-effective environmental engineering services. Utilizing our expert resources in concert with our proven performance for the City over the past decade, Geosyntec will continue to deliver superior program outcomes over the two- year contract. We hereby express our strong interest in helping the City achieve environmental quality goals and comply with expanding regulatory requirements, and respectfully present our expert qualifications that meet/exceed City requirements. Geosyntec has more than 65 locally -based professionals and technical support staff to provide the City with expertise specifically related to Environmental Planning, Design & Engineering. These services include characterization and remediation of contaminated properties; groundwater monitoring and reporting; human and ecological risk assessments; environmental studies in accordance with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA); and water resources services including Stormwater Quality Management Plans (SWQMPs), Stormwater Pollution Prevention Plans (SWPPPs), Best Management Practices (BMPs) manuals, and Low Impact Development (LID). Geosyntec's proven performance and in-depth working knowledge of the local environment assures excellent quality and responsive service to National City. MULTI -FACETED STRENGTHS WILL SUPPORT NATIONAL CITY IN ENVIRONMENTAL PLANNING, DESIGN & ENGINEERING Geosyntec's key environmental planning, design and engineering strengths for this contract include: ➢ Demonstrated understanding and familiarity with City needs, issues and procedures gained from ongoing work as your environmental consultant for the present contract period ➢ Local presence and professional service from two offices in Rancho Bernardo and Mission Valley assures quick access to your sites by our project team members ➢ Knowledge of subsurface and surface conditions throughout the City's jurisdiction, and thorough understanding of complex regional/local geologic and hydrogeologic conditions ➢ Proven local experience at 10 redevelopment sites in National City ➢ Expertise in environmental engineering capabilities that support CIP programs • Successful as -needed contract execution Knowledge of upcoming regulatory changes Environmental compliance expertise Exemplary stormwater technical leadership on national and regional levels 100+ years of combined environmental consulting experience on pertinent local issues ➢ Knowledge of local, state and national regulations, engineering standards, and guidance documents ® 2017 Geosyntec Consultants, Inc. All rights reserved, use only with permission. Page I 1 -14- Geasntec'% COfl 111t�11?tti STATEMENT OF QUALIFICATIONS On -Call Project Support Services National City's Capital Im provement Program SUCCESSFULLY SERVING AS CONSULTANT AND PARTNER TO THE CITY Geosyntec has been providing a comprehensive and cost-effective range of environmental engineering services to the City since 2007, and we look forward to continue serving the City over the next two years on an as -needed basis. At Geosyntec, we understand the business of city government and the daily demands of strict accountability, tight budgets and deadlines, and answering to a diverse range of customers - who are also constituents. We have served municipalities and various agencies throughout the United States since our founding in 1983, providing services in environmental consulting, natural resources management, engineering design and construction management. Our proven experience enables us to become an integral part of the City's team and to enable you to address today's challenges. Our dedicated National City Team of Geosyntec professionals investigate, design and implement practical, often innovative solutions that help meet management objectives as well as resolve site - specific technical challenges. Our team is committed to providing these project services on a timely basis, allowing the City to function uninterrupted as it serves residents and businesses. We can expedite a project to alleviate imminent concerns or, conversely, perform a project in phases to meet the annual limitations of a capital improvement program. We can help identify funding mechanisms and secure grants to provide needed capital for projects. Geosyntec is accustomed to operating in accord with the contracting and reporting requirements of local governments, and we routinely help clients meet their management goals in areas such as minority or disadvantaged business utilization and local subcontracting. Our practitioners are also skilled in supporting community efforts. For example, we provide technical information to stakeholders and public interest groups in everyday language and host public meetings that promote understanding and teamwork. BUILDING ON CURRENT AND PREVIOUS WORK IN NATIONAL CITY 1110 Geosyntec Project Site Geosyntec has significant experience providing engineering and environmental services in National City as shown on the map above. © 2017 Geosyntec Consultants, Inc. All rights reserved, use only with permission. Page 12 -15- Geosyntec'% concujtantS STATEMENT OF QUALIFICATIONS On -Call Project Support Services National City's Capital Improvement Program STAFF QUALIFICATIONS AND LICENSING Geosyntec offers the City a focused group of expert and experienced professional and technical staff with decades of specialized environmental and engineering experience in San Diego County. We offer the City staff continuity and a project team that will continue to provide quality, as -needed services as we have in support of City projects over the past 10 years. Our Project Director, Veryl Wittig, our Project Manager, Christopher Lieder, and key staff have the necessary licenses and certifications and direct and relevant experience managing and performing projects in National City. Our team organization, staffing plan and staff qualifications with licensing information are presented in Section 4. Detailed resumes for selected staff are presented in the Appendix. We are known for our innovative approaches, exceptional responsiveness, specialized experience, and superior program and project outcomes. 3. CONTACT INFORMATION a. Legal Name and Address: GEOSYNTEC CONSULTANTS, INC. 900 Broken Sound Parkway NW, Suite 200, Boca Raton, FL 33487 b. Organization Structure: Corporation c. Addresses of Geosyntec Offices working on the project: 16644 West Bernardo Drive, Suite 301, San Diego, CA 92127 2355 Northside Drive, San Diego, CA 92108 d. Authorized Representative to respond to this proposal: Veryl Wittig, PG, CHG, Senior Principal and Project Director 16644 West Bernardo Drive, Suite 301 San Diego, CA 92127 Office: 858.674.6559; Mobile: 619.884.6552; VWittig@Geosyntec.com FIRM OVERVIEW Ceos tQr Geosyntec is a highly respected, top -tier geo-environmental ec t> consulting and engineering firm that works with private and public sector clients to address complex problems involving the consultants environment, natural resources, and civil infrastructure. Established in 1983 as an employee -owned firm, Geosyntec focuses on bringing value to clients through technical innovation and reliable project execution. Our practice is centered on projects involving environmental investigation and remediation; groundwater and natural resource assessment and restoration; and engineering and design for environmental, water resources and geotechnical infrastructure. Our two offices within the City of San Diego are staffed with more than 65 locally -based professionals specializing in hydrogeology, hydrology, water resources, environmental and geotechnical engineering, data management and visualization, and construction management. enable us to be © 2017 Geosyntec Consultants, Inc. All rights reserved, use only with permission. Pages -16- Geosyntec'% consultants STATEMENT OF QUALIFICATIONS On -Call Project Support Services National City's Capital Im provement Program extremely responsive to the City's needs. Outside San Diego, Geosyntec staff comprises over 1,200 engineers, scientists, and related support staff located in more than 80 offices throughout the U.S. and select international locations. Geosyntec is entirely employee -owned and operated, and is routinely recognized for technology leadership, exceptional client service and project excellence. 4. TEAM ORGANIZATION AND KEY PERSONNEL Geosyntec will provide the best -in -class environmental services capabilities to National City with a cohesive project team that has successfully completed environmental engineering projects on behalf of the City since 2007, and throughout San Diego County since we established our first local office in 1998. This expert team of more than 65 locally -based staff brings exceptional depth and range of experience. Our team leaders have more than 100 years of combined relevant experience; their exemplary qualifications and those of our project support staff are summarized on the following pages. Detailed resumes of selected key staff are presented in the Appendix. As Project Director, Veryl Wittig will continue to lead our team and be in charge of approving submittals and coordinating our work with the City and other agencies. He will work closely with our Task Managers for Site Assessment and Characterization, Remediation, Water Resources, CEQA/NEPA, and our QA/QC Advisor. Veryl will utilize and manage technical resources within Geosyntec on an as -needed basis to execute the project objectives in the most effective and cost- efficient way. We will supplement additional technical staffing needs by drawing upon PROJECT 'DIRECTOR ''aryl wig. PG, CHG, OSD SITE ASSESSMENT Doug tear , PG Ansi( klare er hey SA Darter PeKa . PG Nick Godmet PG Jared Warfel, PG PilkAatteSafeettl Risth Custom* Caere Waltman man hietOrsinsmtfteallog Dared Stetpon Stew Aednes artialkliMIStainatt Jostler Gadon ih-CatinlyWhig (DBE) PP DJECT f.3FN. ER Chns .PIDSD WATER RESOU :;ES Trevor Alison. PE.. CFM,, ENV SP - Task fir. Courtney Mean PE DSO Ver'11cat Gurnrnadl PE CPESC; QSPOD Miguel Paramess. PE OSD Andrew McGann, CPESG, OSP Gerard Ellison, CESSINIOSP CEQA r NEPA Geosyntec ° consultants DATA EVALUATION OAIOC Sheryl wars Kathleen t lanison. PC. CSPJD -leek Meager Key Staff Tana CuruIia. Ely. CPESC. ci swc. OSP?D Maggie McCcTrndsls. LIT L rssfte Keroar P OSP/D. OISP Donsoiling (DOE) RE MEDIATION Chad Bird, PE - Tark Manager lsty.61011 Ryan Gray. PG Rebecca Oliver. PE, OSP,D Brian Rockwell; GIT BAnckliellettesting SiREM Mike Carlson Jerry Amos Sialasankmau NRC Environmental Services © 2017 Geosyntec Consultants, Inc. All rights reserved, use only with permission. Page 14 -17- Geosyntec C(111,1I1l,-i11t,, STATEMENT OF QUALIFICATIONS On -Call Project Support Services National City's Capital Improvement Program more than 140 regionally -based Geosyntec engineers, geologists, environmental scientists, technicians, and project support personnel. Geosyntec commits the project team as presented to National City for the duration of the contract. We understand no changes to the composition of the team will be allowed without written approval of the City. Our staffing plan with project roles and reporting relationships specific to the Scope of Services for Environmental Engineering is represented in the Team Organization Chart shown on the previous page. © 2017 Geosyntec Consultants, Inc. All rights reserved, use only with permission. Page 15 -18- EXH6BCT "B" GEOSYNTEC CONSULTANTS RATE SCHEDULE FOR CITY OF NATIONAL CITY, DEPARTMENT OF PUBLIC WORKS (Updated 10 November 2017) Engineer/Scientist Rate/Hour Staff Professional $114 Senior Staff Professional $131 Professional $144 Project Professional $163 Senior Professional $184 Principal (formerly Associate) $206 Senior Principal (formerly Principal) $236 Field Services Engineering Technician Senior Engineering Technician Field Manager Site Manager Field Superintendent Design, Graphical, and Administrative Services $ 76 $ 86 $ 92 $ 97 $ 103 Senior Drafter/Senior CADD Operator $122 Drafter/CADD Operator/Artist $108 Admin Assistant/Tech Word Processor $ 66 Clerical $ 51 General Direct Expenses Subconsultant Services Subcontract Services Specialized Computer Applications (per hour) Personal Automobile (per mile) Cost plus 0% Cost plus 0% Cost plus 10% $ 10 Current IRS Rate Rates are provided on a confidential basis and are client and project specific. Unless otherwise agreed, these rates will remain in effect for the term of the Agreement (up to 3 years). Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. Geosyntec CNC Rates.207 -19- RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TWO-YEAR AGREEMENT WITH GEOSYNTEC CONSULTANTS, INC., FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $500,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL ENGINEERING, SITE ASSESSMENTS, CHARACTERIZATION AND REMEDIATION, GROUNDWATER MONITORING AND REPORTING, AND PREPARATION OF ENVIRONMENTAL STUDIES IN ACCORDANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT AND CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS WHEREAS, National City's Capital Improvement Program (CIP) estimates approximately $80 million in capital improvement projects needs over the next five years; and WHEREAS, to successfully design, manage, and construct these projects, the Engineering and Public Works Department issued a Request for Qualifications (RFQ) for various engineering, architectural, and construction support services; 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, based on the strength of their Statement of Qualifications (SOQ), interview and past performance, staff recommends executing a two-year Agreement with Geosyntec Consultants, Inc., for a not -to -exceed amount of $500,000 to provide on -call project support services for National City's CIP, including, but not limited to, environmental engineering, site assessments, characterization and remediation, groundwater monitoring and reporting, and preparation of environmental studies in accordance with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA); and WHEREAS, the Agreement includes an option to extend the term for one additional year; and WHEREAS, in addition, staff recommends authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute a two-year Agreement with Geosyntec Consultants, Inc., for the total not to exceed amount of $500,000, with an option to extend the term for one additional year, to provide on -call project support services for National City's CIP, including, but not limited to, environmental engineering, site assessments, characterization and remediation, groundwater monitoring and reporting, and preparation of environmental studies in accordance with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA). Said Agreement is on file in the office of the City Clerk. [Signature Page to Follow] Resolution No. 2017 — Page Two PASSED and ADOPTED this 5th day of December, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor iN/tilkATED AD //I/i1(plllln inill11111nal December 18, 2017 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 Mr. Veryl Wittig, PG Project Director Geosyntec Consultants, Inc. 16644 West Bernardo Dr., Ste. 301 San Diego, CA 92127 Dear Mr. Wittig, On December 5th, 2017, Resolution 2017-231 was passed and adopted by the City Council of the City of National City, authorizing execution of an Agreement with Geosyntec Consultants, Inc. 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 Enclosure