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HomeMy WebLinkAbout2019 CON NV5 - On-call Project Support Services CIPAGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND NV5, INC. THIS AGREEMENT is entered into on this 3rd day of December, 2019, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and NV5, INC., a California 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 May 1, 2019, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on June 10, 2019, 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 engineering, planning, and construction management firm; and WHEREAS, based on evaluation of the CONSULTANT 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 CIP project support services for the CITY, 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 3, 2019. The duration of this Agreement is for the period of December 3, 2019 through December 2, 2022. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to two one-year extensions. 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, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; land surveying; environmental assessments; geotechnical; construction support; community outreach and communications. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services described in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "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, City Engineer/Director of Public Works, 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. Cynthia Peraza, P.E., Project Manager, 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 S2,000,000. The compensation for the CONSULTANT's work shall not exceed the rates set forth in Exhibit "B".The CITY will not accept CONSULTANT "mark-ups" for services provided by SUBCONSULTANTS. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 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. Standard Agreement Page 2 of 12 City of National City and Revised May 2019 NV5 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: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by Standard Agreement Page 3 of 12 Revised May 2019 NV5 City of National City and 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 set forth in this Agreement. The CONSULTANT, or the CONSULTANT's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT's obligations to the CITY are solely 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. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any Standard Agreement Page 4 of 12 City of National City and Revised May 2019 NV5 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. To the maximum extent provided by law, 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 negligence, recklessness, or willful misconduct in the performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. Standard Agreement Page 5 of 12 Revised May 2019 NV5 Ciiy of National City and 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. EMPLOYEE PAYMENTS AND INDEMNIFICATION. A. PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR's employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. B. Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. C. Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. 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 Standard Agreement Page 6 of 12 City of National City and Revised May 2019 NV5 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. 18. 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. 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. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: Standard Agreement City of National City cio Risk Manager 1243 National City Boulevard National City, CA 91950-4397 Page 7 of 12 City of National City and Revised May 2019 NV5 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 List of Approved Surplus Line Insurers ("LASLI") 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 insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may 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. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY 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. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. Standard Agrccmcnt Page 8 of 12 City of National City and Re,.ised May 2019 NV5 D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello City Engineer/Director of Public Works Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Cynthia Peraza, P.E. Project Manager 15092 Avenue of Science Suite 200 San Diego, CA 92128 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 Standard Agreement Page 9 of 12 Coy of National City and Revised May 2019 Mrs sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 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 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE 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. Standard Agrccment Page 10 of 12 Re%ised May 2019 NV5 City of National City and 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. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. 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. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. 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. K. 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. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. 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 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. /// I/! l !l Standard Agreement Page 11 of 12 City of National City and Revised May 2019 NV5 N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandra lis, `T'. yor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Ro ' erto M. ontreras Deputy City Attorney Standard Agreement Page 12 of 12 Revised May 2019 NV5 NV5, INC., A CALIFORNIA CORPORATION (Corporation srgnaturrs alma corporate officers required) By: (Name) Richard Tong (Print) Executive Vice President (Title) By: (Name) tint) C'AlhfF (Title) City of National City and EXHIBIT A June 10, 2019 City of National City Attn: Roberto Yano, P.E. Deputy City Engineer Engineering and Public Works Department 1243 National City Boulevard National City, CA 91950 N V 5 SUBJECT: On -Call Project Support Services for National City's Capital Improvement Program Dear Mr, Yano, The City of National City (City) is seeking professional consultants to provide on -call project support services for the City's Capital Improvement Program (CIP). Successful completion of these critical projects requires a partner who will not only support the projects the City is aware of, but a partner who can look at each project holistically and provide real world solutions and cost effective designs. NV5 brings extensive relevant experience, knowledge of the City and local environment, and a vision that supports the City's ultimate project goals. NV5 has assembled a team with an unmatched level of knowledge and experience to be this partner to the City. NV5 has been proud to support the City through providing services as an extension of City staff and we wish to continue working with the City by providing the following tangible benefits: UNPARALLELED LOCAL KNOWLEDGE AND TECHNICAL RESOURCES: NV5 has maintained an office in San Diego for over 40 years where we have developed a long-established history working throughout San Diego County. This longevity coupled with our overall experience allows us t6provide an exceptionally strong understanding of local agency regulations, policies, and permitting requirements that will help to facilitate the project process. Additionally, our team members have delivered a variety of projects to the City for nearly a decade. This depth of collaboration has allowed us to become highly familiar with the City's approach to projects, your stakeholders, and your ultimate project goals. NV5 has also continued to expand their technical portfolio, now including UAV (drone) services, environmental, utility design, mechanical and electrical engineering. AN EXPERIENCED TEAM YOU KNOW AND CAN RELY ON: As a firm NV5 has over five years of experience delivering projects for the City, and our project manager has nearly ten. Our Project Manager, Phil Kern, PE will provide proactive project management of your on -call assignments. Phil's years of experience delivering projects to the City and ability to look ahead will continue to provide cost savings and other benefits to the City. IN DEPTH EXPERTISE IN ON -CALL CONSULTING: NV5 is a leader'n providing on -call consultingto public agencies, having performed these services for more than 50 agencies throughout California including the cities of National City, Imperial Beach, Chula Vista and Carlsbad; the counties of Imperial and San Diego; and the San Diego County Regional Airport Authority to name a few. Through this work, we have learned that capacity, clear communication, strong project management skills and technical excellence are the keys to success for projects of all sizes and complexities. NV5 has the depth of resources, strong working relationships, and stability to be your on -call engineering consultant, assuring your projects are completed cost effectively, promptly, with accountability, and with the highest level of quality. Please feel free to contact Phil Kern at 619.609.8122 or phil.kern@nv5.com if you should need any further information. Sincerely, NV5, Inc. Carmen Kasner, PE Regional Managing Director Pfi 27519-0003453.00 Phil Kern, PE Project Manager 15092 Avenue of Science, Suite 200 I San Diego. CA 92128 I www.NV5.com I Office 858.385.0500 I Fax 858.385.0400 CONSTRUCTION QUALITY ASSURANCE INFRASTRUCTURE - ENERGY PROGRAM MANAGEMENT ENVIRONMENTAL NV5 TABLE OF CONTENTS Executive Summary . _ �.�� ..2 Contact Information ...3 Familiarity with Local Environm 3 Experience and Technical Competence 4 Grants Management 36 Financial Management + Accounting Systems38 2. EXECUTIVE SUMMARY NV5 is interested in working with the City to provide on -call services in support of your CIP. Our goal in preparing this proposal is to convey our abilities to you - the management skills, technical resources and value from our team member's experience and our extensive history of providing on call services that we bring to this opportunity. CONTACT INFORMATION NV5 is a California Corporation providing engineering services since the firm's founding in 1949. Our San Diego office, opened in 1969, is a leader in providing value added services to public and private agencies throughout southern California. Our Project Manager, Phil Kern, PE will be the main point of contact and maintains an impressive track record delivering tasks to the City on -time and within budget through existing on -call contracts. FAMILIARITY WITH LOCAL ENVIRONMENT During NV5's 40 years in San Diego, we have successfully developed long-established working history with agencies throughout San Diego County. This experience provides us with an unmatched understanding of local regulations, design standards, and best management practices that we employ with each project we deliver to our clients. Over the past decade, our team members have established positive working relationships with City staff and are intimately familiar with City operations, stakeholders, and overall community goals. We pride ourselves in remaining deeply invested in our clients' goals from project inception to completion. EXPERIENCE AND TECHNICAL COMPETENCE NV5 is a leader in providing on -call services to private and public agencies, having performed on -call and as -needed services for more than 50 agencies throughout California for the past 40 years. We understand that staffing capacity, clear communication, strong project management skills and technical excellence are the keys to efficient and effective on -call contracts and we will bring all of these skills to meet your needs. We understand that flexibility and responsiveness are critical in order to ramp up or down based upon conditions. Our firm is structured to provide staff on very short turnaround times responding to rapidly changing priorities and project needs. NV5 has demonstrated through our on -call contracts that we are quick to respond with the correct team to solve any issue. We have provided detailed samples demonstrating our past experience providing these services in the Experience and Technical Competence Section of this qualifications package. NV5's grant writing and administration team prepares and manages grants for county, city and agencies throughout southern California. Our efforts have included working with our clients to identify overall project needs, developing a project scope and budget, obtaining data, performing surveys and traffic counts and obtaining and letters of support. We have successfully secured over $13M in funding for our clients, please see details provided in the Grants Management section on page 37. i ANt . T As a publicly held consulting firm, NV5 has to meet exacting standards when it comes to our financial management and accounting systems. We have well -established systems in place to successfully manage any and all task orders that may come out of this on -call contract. Our Deltek Vision accounting system provides real-time cost reporting. On Call Project Support Services for National City's CIP NV5.COM 12 NV5 5. EXPERIENCE & TECHNICAL COMPETENCE NV5 utilizes state-of-the-art design tools and our highly proficient design staff, to turn innovative approaches into practical solutions. As a full -service engineering firm that brings a team approach to every project, we have the capability and resources to complete every project on -time and within budget. CIVIL ENGINEERING (INCLUDES STREETS AND SEWER ¶NFRASTRUCTUt3-� ✓ Grading and Drainage Design ✓ Roadway Design Agency Permitting Transit Engineering Hydrology/Hydraulics/Drainage • Floodplain Studies and Modeling • SWPPP Preparation • Wastewater Collection System Design • Public Improvements Parking Facilities Cost Estimating Development Review Site Remediation "Green Streets' Design and SWQMP Preparation STRUCTURAL ENGINEERING Foundation Design New Bridge Design Bridge Widening Design • Bridge Retrofit Design Caltrans Coordination and Processing Retaining Wall Design Sound Wall Design PS&E including Agency Permitting Independent Structural Review • Foundation Design (Overhead Structures) Our clients look to us to find the best solutions to minimize paperwork hurdles and regulatory impacts, to provide them with designs that compliment facility aesthetics, and to solve all of the all of the civil, structural, survey and inspections challenges. We are highly interested in providing professional services to the City within the following disciplines: MECHANICAL, ELECTRICAL & PLUMBING ENGINEERING HVAC Equipment Selection/Design Energy Modeling Life -Cycle Cost Analysis Energy Studies/Audits Control Systems/Instrumentation Design Control System Optimization Conceptual Designs LEED Consulting LEED Commissioning Energy Master Planning Title-24 Compliance Analysis Energy Retrofits Variable Flow Chilled Water Systems Displacement Ventilation Systems UTILITY DESIGN & COORDINATION (INCLUDES RULE 20A UNDERGROUNDING & JOINT TRENCH) Construction Plan and Profile Drawings Construction Support As -Built Plan Updates Mitigation Design Complete Construction Package PLS-CADD Overhead Design As -Built Surveying Overhead Damper Analysis Attachment Strength Analysis Coordination with existing SCADA Facilities (J. l;oll Prt Suroport SE;rcrccs for National Cty s GIP NVS.COM 14 NV5 TRAFFIC ENGINEEt?IN' Signing and Striping Plans Traffic Impact Studies Traffic Signal Design Street Lighting Plans Traffic Control Plans ✓ Traffic Data Collection • Fiber Optic and Communications Design Systems Integration Virtual Traffic Management Centers Transportation Planning ARCHITECTURAL SERVICES Building Design • Permitting Concept Design Code Reviews Accessibility Reviews/Compliance Cost Estimating LANDSCAPE ARCHITECTURE ✓ Park Design • Urban Planning/Renewal • Viewshed Analysis • Streetscape Design Irrigation Plans ✓ Xeriscape Design LAND SURVEYING & RIGHT-OF-WAY DOCUMENTATION • Utility Surveying • Topographc Design/Site Surveying • Construction Staking ✓ Photogrammetry Record of Survey Maps Preparation of Legal Descriptions CADD Mapping As Builts Forensic Surveying Subsidence Monitoring Wire Sag Studies LIDAR and High Definition Surveying (HDS) Right -of -Way Surveying/Acquisition ALTA/Boundary Survey and Mapping GEOTECHNICAL ENGINEERING (INCLUDES SOILS & MATFoiAl_� TCSTI ^r Special Inspections Forensic Studies Construction Materials Testing Geotechnical Engineering Foundation Studies Failure Analysis ENVIRONMENTAL PLANNING. DESIGN & COMPLIANCE ✓ Environmental Documents CEQA/NEPA Resource Agency Consultations Wetlands Delineations Environmental Technical Studies Resource Permitting Impact Assessments Remediation Plans Hazardous Materials Assessments Phase I/II ESAs Atr Quality/Noise/Biological/Cultural Studies CONSTRUCTION MANAGEMENT & INSPECTIONS 'F Public Works Inspections • Constructability Reviews v Certified Payroll/Labor Compliance Construction Management • Specialty Inspections ✓ Value Engineering Reviews Code Compliance COMMUNITY OUTREACH 'DEVELOPMENT ✓ Bilingual Public Meetings and Facilitation • Branding and Communications On Call Project Support Services for National Ca? s Cif' NV5.COM 15 NV5 Speech Writing and Project Spokesperson Informational Materials Newspaper Articles Agency and Special Interest Group Meetings Report Writing/Graphic Design Stakeholder and Public Officials Briefings Website Design Stakeholder List and Tracking FN(i EERING & PROIE(`.T n9 Technical Analyses Preliminary Engineering Studies Project Tracking - PS&E QA/QC Constructability Reviews Bid Package Preparation Preparation of Record Drawings Site Evaluations Reports and Presentations PS&E Plan/Map Reviews Value Engineering Research of Grant Opportunities Quarterly Progress Reports Preparation and Management of Grant Applications Schedule of Deliverables Outreach/Educational Events SEWER SYSTEM MANAGEMENT Financial Administration Tax Roll Preparation Annual Sewer User Billing Cost Sharing Analysis CAPITAL NEEDS ASSESSMENTS & ASSET MANAGEMENT J Geographic Information Systems (GIS) v Financial Analyses Reports and Presentations - Evaluation of City Infrastructure, Parks and Facilities Cost Estimates Phasing/Sequencing PROPERTY MANAGEMENT Right -of -Way Acquisition Appraisals b. Staffing Plan One of the keys to successful delivery of projects through on -call and as -needed contracts is the proper allocation of resources, both from a technical specialty perspective and a production perspective. For this contract with the City we are prepared to dedicate the talents of registered engineers, licensed land surveyors and seasoned technical experts in more than ten disciplines, many of whom have previous experience working with National City: Civil Engineering (includes streets and sewer infrastructure) Structural Engineering Mechanical Engineering Electrical Engineering Traffic Engineering ADA Compliance Geographic Information Systems (GIS) Utility Design & Coordination (includes Rule 20A Undergrounding & Joint Trench) Land Surveying (perform field surveying prepare plat & legal descriptions) Geotechnical (includes Soils & Materials Testing) Environmental Engineering, Planning & Design Construction Management & Inspections (includes Certified Payroll) Plan and Map Reviews Constructability Reviews Grant Applications and Management Capital Needs Assessment and Asset Management One of the principal reasons for our success on on -call contracts is that technical or specialty resources are identified and allocated when the On Project Support Services for N7tlnn.,l Citv's CIP NV5.COM 16 NV5 scope and budget for the task order are prepared, not hastily cobbled together after the Notice to Proceed (NTP) is received. The scopes and hours for each discipline are clearly spelled out before the project begins, whether the resource is in-house or an outside subconsultant. All task order requests and associated allocation of resources will be managed by Phil Kern, our Project Manager and day to day contact for this contract. c. Organizational Chart An organization chart, on the following page, illustrates our project team's roles and responsibilities. Key personnel (*) resumes, starting on the page following the organization chart, summarize our applicable licenses and technical expertise for this contract. NV5 is committing to the City that these qualified staff members and consultants will be available to deliver the City's projects. NV5 understands that no changes to our team can be made without prior written approval from the City. Competitive Edge Research I John Nienstedt ECORP Consuaing, inc. I Margaret Bornyasz EnSafe I Daryl Hernandez, PE, QSD Entech Northwest, inc. I Michelle Jones EQUAL ACCESS I Bob Evans. CASp Innovations City I Vilavahn Sanginthirath Keze Group, LLC I Karyn Keese Loveless Linton, Inc. I Rebekah Loveless, M.A., RPA Manuel Oncina Architects I Manuel Oncina, FARA Parterre I Lili O'Connor, RLA STC Traffic I Nick Minicilli, PE, TE Talent Evolution I Jared Smith West Coast Civil I Adam Podlich, PE, QSD d. Roles and Responsibilities Having a depth of resources available within arm's length is also critical to delivering larger projects or dealing with those unforeseen project emergencies that crop up occasionally. NV5 has assembled a team with a collective knowledge of the services required to fulfill the City's needs, as well as established relationships with local municipalities and regulatory agencies. Their technical expertise will assist the City in completing assigned task orders in a timely fashion. The table below delineates the roles and certifications of our selected subconsultants. Our team features several firms that are experienced on National City projects, and familiar to City staff. Market Research Environmental Support Environmental Compliance Air/Noise Accessibility Compliance Marketing Assessment/Feasibility Sewer System Management Cultural Resources Architecture Landscape Architecture Traffic Engineering Web Design Civil Engineering DBE WBE WMBE. SLBE, SB Micro SMBE/MBE DBE/WBE SBE, SB, SLBE DBE/SMBE On Call ProJer.t Support Servir:es for National Cites CIP NVS.COM 17 EXHIBIT B National City Charge Rates Effective 7/1/19 - 12/31/22 NV5 Office: Technical Services Engineering Aide/Planning Aide $75.00/hour Project Assistant $100.00/hour Project Administrator $125.00/hour CADD Technician I $110.00/hour CADD Technician II $135.00/hour CADD Technician Ili $140.00/hour Senior CADD Technician/Designer $150.00/hour Design Supervisor $165.00/hour Plan Check Services $155.00/hour Conditions of Approval Development $180.00/hour Professional Junior Engineer/Planner/Surveyor $115.00/hour Assistant Engineer/Planner/Surveyor $140.00/hour Associate Engineer/Planner/Surveyor $165.00/hour Senior Engineer/Planner/Surveyor $180.00/hour Manager $190.00/hour Structural Engineer $195.00/hour Associate $205.00/hour Principal $220.00/hour Sr. Principal $250.00/hour Construction Management* Office Administrator $91.00/hour Junior Field Engineer $122.00/hour Assistant Field Engineer $144.00/hour Construction Inspector $151.00/hour Associate Field Engineer $157.00/hour Senior Field Engineer $164.00/hour Construction Manager (Registered Engineer) $180.00/hour Sr. Construction manager $198.00/hour Surveying* 1-Person Survey Crew (GPS) (Robotic) $190.00/hour 1-Person Survey Crew $151.00/hour 2-Person Survey Crew $260.00/hour 3-Person Survey Crew $345.00/hour Survey Manager $197.00/hour GIS Analyst $160.00/hour Expert es Plotting and In -House Reproduction 1.10 x Cost Subsistence 1.10 x Cost Mileage - Outside Local Area Per Accepted IRS Rate *Field service rates for Construction Management and Surveying are based on the Prevailing Wage determination by the Department of Industrial Relations. Construction Management and Surveying rates are NVS expected to be adjusted in the near future. When the new rates are published, the rates for these services will be adjusted accordingly. Keze Group IC=Z= Effective Through 7/1/19 �W.DUP Principal 5198.00/hour AC I7® CERTIFICATE OF LIABILITY INSURANCE DATE 4/14/2019 ) 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 Cavignac & Associates 450 B Street, Suite 1800 San Diego CA 92101 ACT NAME: Certificate Department PHONE FAX (A/C. No Exti: 619-744-0574 (A/c. Not: 619-234-8601 IL ADDRESS: Certificates@cavignac.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Valley Fore Insurance Company 20508 INSURED NV5INCO-01 NV5, Inc. 15092 Avenue of Science, Suite 200 San Diego, CA 92128 INSURER B : Continental Casualty CO. 20443 INSURERC: Continental Insurance Company 35289 INSURERD: National Fire Ins. Hartford 20478 INSURER E : Berkley Insurance Company 32603 INSURER F : COVERAGES CERTIFICATE NUMBER: 33182721 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 INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DDIYYYYL UMITS A X COMMERCIAL GENERAL LIABILITY Y 6057040530 5/1/2019 5/1/2020 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 X Cross Liab/Sevin MED EXP (Any one person) $ 15,000 X $0 Deductible PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES SECOT- PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 Stop Gap Liability $ 1,000,000 B AUTOMOBILELIABIUTY X — _ ANY AUTO ALL OWNED AUTOS — ^ SCHEDULED AUTOS NON -OWNED AUTOS Y Y 6057040575 5/1/2019 5/1/2020 COMBINED SINGLE LIMIT (Ea accident) $1.000.000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ,, PROPERTY DAMAGE (Per accident) $ C X UMBRELLA LIAB EXCESS UAB X OCCUR CLAIMS -MADE CUE6076054554 5/1/2019 5/1/2020 EACH OCCURRENCE $ 20,000,000 AGGREGATE $ 20,000,000 DED X RETENTION $ 0 $ D WORKERS COMPENSATION AND EMPLOYERS' UABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A Y WC6057040558 5/1/2019 5/1/2020 X STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY UMIT $ 1,000,000 E Professional/ Pollution Liability AEC902912003 5/1/2019 5/1/2020 Each Claim $10,000,000 Aggregate $20,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: ID number. Additional Insured coverage applies to General Liability and Automobile Liability for The City of National City, its elected officials, officers, agents, employees and volunteers per policy form. Waiver of subrogation applies to Automobile Liability, and Workers Compensation per policy form. Professional Liability - Claims made form, defense costs included within limit. If the insurance company elects to cancel or non -renew coverage for any reason other than nonpayment of premium Cavignac & Associates will provide 30 days notice of such cancellation or nonrenewal. CERTIFICATE HOLDER CANCELLATION City of National City do Risk Manager 1243 National City Boulevard 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) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 00020007560570405758532 CNA CNA71526XX (Ed. 10/12) ADDITIONAL INSURED ENDORSEMENT - CONTRACTUAL OBLIGATION It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization AS REQUIRED BY CONTRACT 1. Paragraph A.1. Who Is An Insured of Section II — LIABILITY COVERAGE is amended to include as an additional insured the person or organization scheduled above, but only if you are required by "written contract" to make that person or organization an additional insured under this policy. 2. The insurance provided to the additional insured is limited as follows: a. The person or organization is an additional insured only with respect to "bodily injury" or "property damage" arising out of a covered "auto" and caused by your negligent acts or omissions or the negligent acts or omissions of someone, other than the additional insured, for whom you are legally liable. b. The person or organization is not an additional insured for the person or organization's own acts or omissions, nor those of anyone, other than you, for whom the person or organization is legally liable. c. We will not provide the additional insured any broader coverage or any higher limit of liability than the least that is: (1) Required by the "written contract"; or (2) Afforded to you under this policy. 3. Condition 2. Duties In the Event of Accident, Claim, Suit or Loss of Section IV — BUSINESS AUTO CONDITIONS is amended to add the following conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: a. Give us written notice of an "accident" which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; b. Agree to make available any other insurance the additional insured has for a loss we cover under this policy; c. Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit'; and d. Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this policy. But if the "written contract" requires this insurance to be primary and non-contributory, this provision d. does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a "suit." 4. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured under this policy, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to the accident for which the additional insured seeks coverage under this policy. CNA71526XX (10/12) Page 1 of 2 Policy No: 6057040575 Endorsement No: Effective Date: 05/01/2019 Insured Name: NV5 GLOBAL, INC . Copyright CNA All Rights Reserved. CNA71526XX (Ed. 10/12) All other terms and conditions of the Policy remain unchanged. Material used with permission of ISO Properties, Inc CNA71526XX (10/12) Page 2 of 2 Insured Name: NV5 GLOBAL, INC. Policy No: 6057040575 Endorsement No: Effective Date: 0 5 / 01 / 2 018 Copyright CNA All Rights Reserved. 00020007560570405758462 POLICY NUMBER: 6057040575 COMMERCIAL AUTO CA04440310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: NV5 Global, Inc Endorsement Effective Date: 05/01/2018 SCHEDULE Name(s) Of Person(s) Or Organization(s): ?NY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE SUCH RIGHT OF RECOVERY IN A WRITTEN CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 03 10 Copyright, Insurance Services Office, Inc., 2009 Page 1 of 1 CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX (10-16) Policy No: 6057040530 Page 1 of 2 Effective Date: 05/01/2019 Insured Name: NV5 Global, Inc Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Page 2 of 2 Policy No: 6057040530 Effective Date: 05/01/2019 Insured Name: NV5 Global, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: 6057040530 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS : Policy No. WC6057040558 Workers' Compensation This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is Blanket Waiver of Subrogation Percentage Charge%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Endorsement Effective Date: 05/01/2019 Policy No: 6057040558 NV5 Global, Inc., NV5, Inc. ° Copyright CNA All Rights Reserved. RESOLUTION NO. 2019 — 177 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR AGREEMENT WITH NV5, INC. FOR A NOT -TO -EXCEED AMOUNT OF $2,000,000 TO PROVIDE ON - CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT; CIVIL ENGINEERING; TRAFFIC ENGINEERING; TRANSPORTATION PLANNING; GRANT MANAGEMENT; CONSTRUCTION MANAGEMENT, INSPECTIONS AND CERTIFIED PAYROLL; PLAN REVIEWS; CONSTRUCTABILITY REVIEWS; LONG-RANGE PLANNING; LAND SURVEYING; ENVIRONMENTAL ASSESSMENTS; GEOTECHNICAL; CONSTRUCTION SUPPORT; COMMUNITY OUTREACH AND COMMUNICATIONS; AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS WHEREAS, National City's Capital Improvement Program (CIP) estimates approximately $80 million in Capital Improvement Projects needs over the next five years to include 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; facilities improvements; and park amenities; and WHEREAS, 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 May 1, 2019; and WHEREAS, the RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified; and WHEREAS, the City also hosted an Information Session regarding the RFQ process on May 14, 2019 at the Martin Luther King Jr. Community Center, which was attended by over 100 people; and WHEREAS, the City received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 deadline 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 an interview, qualifications, and past performance, staff recommends executing a three-year Agreement (with the option to extend for two, one year extensions) with NV5, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; community outreach and communications; and Resolution No. 2019 — 177 Page Two 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 three-year Agreement (with the option to extend for two, one year extensions) with NV5, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management; civil engineering; traffic engineering; construction management; inspections and certified payroll; transportation planning; land surveying; environmental assessment; geotechnical; construction support; plan reviews; constructability reviews; long-range planning; grants management; community outreach and communications. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to execute any project specific supplemental agreements as may be required for grant funded projects. PASSED and ADOPTED this 3rd day of December, 2019. ATTEST. Michael R. Dalla, City Clerk APPROVED AS TO FOM: is ones Attorney Alejandr , Mayor Passed and adopted by the Council of the City of National City, California, on December 3, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-177 of the City of National City, California, passed and adopted by the Council of said City on December 3, 2019. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 3, 2019 AGENDA ITEM NO.18 I'EM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a three-year Agreement with NV5, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; land surveying; environmental assessments; geotechnical; construction support; community outreach and communications; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. PREPARED BY: Jose Lopez, PHONE: 619-336-4312 EXPLANATION: See attached. ssociate Civil Engineer DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: (/(/(f,�( (� Finance ACCOUNT NO. APPROVED: MIS Funds are appropriated in various CIP accounts for FY 2020; 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 NV5, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. BOARD / COMMISSION RECOMMENDATION: N/AN "TTACHMENTS: 1. Explanation 2. Agreement 3. Resolution Reco%fT+ no. Explanation: National City's Capital Improvement Program (CIP) estimates approximately $80 million in capital needs over the next five years. 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; facilities improvements; and park amenities. 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 May 1, 2019. Additional services requested via the RFQ include, for example, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, housing and real estate development services, Building Department support services, 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, e-mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Information Session regarding the RFQ process on May 14, 2019 at the MLK Jr. Community Center, which was attended by over 100 people. The Department received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 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 three-year Agreement (with the option to extend for two, one year extensions) with NV5, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; land surveying; environmental assessments; geotechnical; construction support; community outreach and communications. See Exhibit "A" for general scope of work and Exhibit "B" for schedule of fees. 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 BETWEEN THE CITY OF NATIONAL CITY AND NV5, INC. THIS AGREEMENT is entered into on this 3rd day of December, 2019, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and NV5, INC., a California 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 May I, 2019, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on June 10, 2019, the CONSULTANT submitted a Statement of —Qualifications-(SOQ-)-inresponse-to-the-RFQ, consistent -with the -requirements -of the-RFQ; WHEREAS, the CITY has determined that the CONSULTANT is an engineering, planning, and construction management firm; and WHEREAS, based on evaluation of the CONSULTANT 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: I. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide on -call CIP project support services for the CITY, and the CONSULTANT agrees to perform the services set forth here in acs rdanoe-with-alLterms=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 3, 2019. The duration of this Agreement is for the period of December 3, 2019 through December 2, 2022. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to two one-year extensions. 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, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; land surveying; environmental assessments; geotechnical; construction support; community outreach and communications. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services described in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "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, City Engineer/Director of Public Works, 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. Cynthia Peraza, P.E., Project Manager, 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 $2,000,000. The compensation for the CONSULTANT's work shall not exceed the rates set forth in Exhibit "B".The CITY will not accept CONSULT -ANT "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 Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 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. Standard Agreement Page 2ofl2 City of National City and Revised May 2019 NV5 -3- 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: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) 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 arty 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-aetrng-in-an-independent eapaeity-and-not-as-agents; employees; partners; or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by Standard Agreement Page 3 of 12 Revised May 20t9 NVS City of National City and -4- 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 set forth in this Agreement. The CONSULTANT, or the CONSULTANT's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT's obligations to the CITY are solely 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. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any Standard Agreement Page 4 of 12 City of National City and Revised May 2019 NV5 -5- 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. To the maximum extent provided by law, 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 negligence, recklessness, or willful misconduct in the performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. Standard Agreement Page 5 of 12 Revised May 2019 NV5 City of National City and -6- 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. EMPLOYEE PAYMENTS AND INDEMNIFICATION. A. PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR's employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. B. Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. C. Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. 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 Standard Agreement Page 6 of 12 City of National City and Revised May 2019 NV5 -7- 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. 18. 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. 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. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days -prior —written notice to the CITY!s Risk Manager,; at -the -address -listed in subsectiowG below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 Standard Agreement Page 7 of 12 Revised May 2019 NV5 City of National City and -8- 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 List of Approved Surplus Line Insurers ("LASLI") 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 insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may 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. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY 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. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. Standard Agreement Page 8 of 12 City of National City and Revised May 2019 NV5 -9- D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or seat by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello City Engineer?Director of Public Works Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To —CONSULTANT: Cynthia Peraza, P.E. Project Manager 15092 Avenue of Science Suite 200 San Diego, CA 92128 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 Standard Agreement Page 9 of 12 City of National City and Revised May 2019 NV5 -10- sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 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 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE 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. Standard Agreement Revised May 2019 Page 10 of 12 City of National City and NV5 -11- 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. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. 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. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. Audit. If this Agreement exceeds ten -thousand dollars ($ 1 0,000), 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. K. 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. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. 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 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. /// ft/ I/i Standard Agreement Page 11 of 12 City of National City and Revised May 2019 NV5 -12- N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandra Sotelo Solis, Mayor APPROVED AS TO FORM: NV5, INC., A CALIFORNIA CORPORATION (Corporation - signatures crf two corporate officers required) By: (Name) Richard Tong (Print) Executive Vice President Angil P. Morris -Jones City Attorney By: By: Roberto M. Contreras Deputy City Attorney Standard Agreement Revised May 2019 Page 12 of 12 (Print) � rJlil �fiXt4Z._ (Title) City of National City and NV5 -13- EXHIBIT A June 10, 2019 City of National City Attn: Roberto Yano, P.E. Deputy City Engineer Engineering and Public Works Department 1243 National City Boulevard National City, CA 91950 N V 5 SUBJECT: On -Call Project Support Services for National City's Capital Improvement Program Dear Mr, Yano, The City of National City (City) is seeking professional consultants to provide on -call project support services for the City's Capital Improvement Program (CIP). Successful completion of these critical projects requires a partner who will not only support the projects the City is aware of, but a partner who can look at each project holistically and provide real world solutions and cost effective designs. NV5 brings extensive relevant experience, knowledge of the City and local environment, and a vision that supports the City's ultimate project goals. NV5 has assembled a team with an unmatched level of knowledge and experience to be this partner to the City. NV5 has been proud to support the City through providing services as an extension of City staff and we wish to continue working with the City by providing the following tangible benefits: UNPARALLELED LOCAL KNOWLEDGE AND TECHNICAL RESOURCES: NV5 has maintained an office in San Diego for over 40 years where we have developed a long-established history working throughout San Diego County. This longevity coupled with our overall experience allows us to provide an exceptionally strong understanding of local agency regulations, policies, and permitting requirements that will help to facilitate the project process. Additionally. our team members have delivered a variety of projects to the City for nearly a decade. This depth of collaboration has allowed us to become highly familiar with the City's approach to projects, your stakeholders. and your ultimate project goals. NV5 has also continued to expand their technical portfolio, now including UAV (drone) services, environmental, utility design, mechanical and electrical engineering. AN EXPERIENCED TEAM YOU KNOW AND CAN RELY ON: As a firm NV5 has over five years of experience delivering projects for the City, and our project manager has nearly ten. Our Project Manager, Phil Kern, PE will provide proactive project management of your on -call assignments. Phil's years of experience delivering projects to the City and ability to look ahead will continue to provide cost savings and other benefits to the City. IN DEPTH EXPERTISE IN ON -CALL CONSULTING: NV5 is a leader in providing on -call consulting to public agencies, having performed these services for more than 50 agencies throughout California including the cities of National City, Imperial Beach, Chula Vista and Carlsbad; the counties of Imperial and San Diego; a ricrthe San DI sty Regional Airport Authority to name a few. Through this work, we have learned that capacity, clear communication, strong project management skills and technical excellence are the keys to success for projects of all sizes and complexities. NV5 has the depth of resources, strong working relationships, and stability to be your on -call engineering consu?tant, assuring your projects are completed cost effectively, promptly, with accountability, and with the highest level of quality. Please feel free to contact Phil Kern at 619.609.8122 or phil.kern@nv5.com if you should need any further information. Sincerely, NV5, Inc. 1 ' L C � �~ Carmen Kasner, PE Regional Managing Director P# 27519-0003453.00 Phil ern, PE Project Manager 15092 Avenue of Science, Suite 200 I San Diego, CA 92128 I www.NV5.com I Office 858.385.0500 I Fax 858.385.0400 CONSTRUCTION QUALITY ASSURANCE INFRASTRUCTURE - ENERGY PROGRAM MANAGEMENT - ENVIRONMENTAL -14- NV5 TABLE OF CONTENTS Execut;ve Summary Contact Information Familiarity with Local Environment Experience and Technical Competence 4 Grants Management 36 Financial Management+ Accounting Systems38 2. EXECUTIVE SUMMARY NV5 is interested in working with the City to provide on -call services in support of your CIP. Our goal in preparing this proposal is to convey our abilities to you - the management skills, technical resources and value from our team member's experience and our extensive history of providing on -call services that we bring to this opportunity. CONTACT INFORMATION NV5 is a California Corporation providing engineering services since the firm's founding in 1949. Our San Diego office, opened in 1969, is a leader in providing value added services to public and private agencies throughout southern California. Our Project Manager, Phil Kern, PE will be the main point of contact and maintains an impressive track record delivering tasks to the City on -time and within budget through existing on -call contracts. FAMILIARITY WITH LOCAL ENVIRONMENT During NV5's 40 years in San Diego, we have successfully developed long-established working history with agencies throughout San Diego County. This experience provides us with an unmatched understanding of local regulations, design standards. and best management practices that we employ with each project we deliver to our clients. Over the past decade, our team members have established positive working relationships with City staff and are intimately familiar with City operations, stakeholders, and overall community goals. We pride ourselves in remaining deeply invested in our clients' goals from project inception to completion. EXPERIENCE AND TECHNICAL COMPETENCI, NV5 is a leader in providing on -call services to private and public agencies, having performed on -call and as -needed services for more than 50 agencies throughout California for the past 40 years. We understand that staffing capacity, clear communication, strong project management skills and technical excellence are the keys to efficient and effective on -call contracts and we will bring all of these skills to meet your needs. We understand that flexibility and responsiveness are critical in order to ramp up or down based upon conditions. Our firm is structured to provide staff on very short turnaround times responding to rapidly changing priorities and project needs. NV5 has demonstrated through our on -call contracts that we are quick to respond with the correct team to solve any issue. We have provided detailed samples demonstrating our past experience providing these services in the Experience and Technical Competence Section of this qualifications package. GRANTS MANAGEMENT NV5's grant writing and administration team prepares and manages grants for county, city and agencies throughout southern California. Our efforts have included working with our clients to identify overall project needs, developing a project scope and budget, obtaining data, performing surveys and traffic counts and obtaining and letters of support. We have successfully secured over $13M in funding for our clients, please see details provided in the Grants Management section on page 37. FINANCIAL MA iAGEMENT x ACCOUNTING SYSTEM As a publicly held consulting firm, NV5 has to meet exacting standards when it comes to our financial management and accounting systems. We have well -established systems in place to successfully manage any and all task orders that may come out of this on -call contract. Our Deltek Vision accounting system provides real-time cost reporting. On-Catl Project Support Services for National City's CIP Nvs.CoM 1 2 -15- 5. EXPERIENCE & TECHNICAL COMPETENCE Proposed Disciplines of int e; t NV5 utilizes state-of-the-art design tools and our highly proficient design staff, to turn innovative approaches into practical solutions. As a full -service engineering firm that brings a team approach to every project, we have the capability and resources to complete every project on -time and within budget. CiVaL ENGINES ?iNG (INCLUDES STREETS AN Grading and Drainage Design Roadway Design Agency Permitting Transit Engineering Hydrology/Hydraulics/Drainage • Floodplain Studies and Modeling • SWPPP Preparation Wastewater Collection System Design Y Public Improvements • Parking Facilities y" Cost Estimating Development Review Site Remediation • "Green Streets' Design and SWQMP Preparation r �i'd •']Nita Foundation Design New Bridge Design Bridge Widening Design Bridge Retrofit Design Caltrans Coordination and Processing Retaining Wall Design Sound Wall Design PS&E including Agency Permitting Independent Structural Review Foundation Design (Overhead Structures) Our clients look to us to find the best solutions to minimize paperwork hurdles and regulatory impacts, to provide them with designs that compliment facility aesthetics, and to solve all of the all of the civil, structural, survey and inspections challenges. We are highly interested in providing professional services to the City within the following disciplines; MECH,AN OAaa, ELECTRICAL & t)id iwi,'Y a i r4'iIN ERiN HVAC Equipment Selection/Design Energy Modeling Life -Cycle Cost Analysis Energy Studies/Audits Control Systems/Instrumentation Design Control System Optimization Conceptual Designs LEED Consulting LEED Commissioning Energy Master Planning Title-24 Compliance Analysis Energy Retrofits Variable Flow Chilled Water Systems Displacement Ventilation Systems �Ji L 'Pr DESiCN & COORDIN;ATi (INCLUDES RULE 2 a';.1NDE?PW ROUNOING JOINT REi • Construction Plan and Profile Drawings - Construction Support • As -Built Plan Updates Mitigation Design ✓ Complete Construction Package PLS-CADD Overhead Design • As -Built Surveying Overhead Damper Analysis Attachment Strength Analysis •/" Coordination with existing SCADA Facilities 0,1 Call Project Suoport Services for National C.Cy's CIP NVSCOM j 4 -16- NV5 TRAFFIC ENGINSER1N • Signing and Striping Plans • Traffic Impact Studies Traffic Signal Design -7 Street Lighting Plans Traffic Control Plans • Traffic Data Collection -1 Fiber Optic and Communications Design Systems Integration Virtual Traffic Management Centers -' Transportation Planning RCH TEC,FURA , SERVICE / Building Design ✓ Permitting Concept Design • Code Reviews • Accessibility Reviews/Compliance _' Cost Estimating _AN ASCAPE A'r CHiT a::-➢ is . Park Design Urban Planning/Renewal • Viewshed Analysis Streetscape Design Irrigation Plans Xeriscape Design LAND SUR'V'E'r'ING c RIGHT-OF-.y;,,:V DOCUMENTATION ▪ Utility Surveying -S Topographic Design/Site Surveying Construction Staking Photogrammetry Record of Survey Maps Preparation of Legal Descriptions CADD Mapping As=Builts Forensic Surveying______ Subsidence Monitoring Wire Sag Studies LiDAR and High Definition Surveying (HDS) Right -of -Way Surveying/Acquisition ALTA/Boundary Survey and Mapping GEOTECHNICAL ENGINEERING ONCLIZE3 sOlLS & M 7 3T-RIA, S i TINE i • Special Inspections Forensic Studies Construction Materials Testing Geotechnical Engineering Foundation Studies Failure Analysis ENVIRONMENTAL PLANNING: DESIGN .& COMPLIANCE Environmental Documents CEQA/NEPA Resource Agency Consultations Wetlands Delineations Environmental Technical Studies Resource Permitting Impact Assessments Remediation Plans Hazardous Materials Assessments Phase I/II ESAs v. Air Quality/Noise/Biological/Cultural Studies ' STR'UC ION MANAGEMENT & iiNSPEC' jON Public Works Inspections Constructability Reviews • Certified Payroll/Labor Compliance Construction Management -' Specialty Inspections Value Engineering Reviews • Code Compliance Bilingual Public Meetings and Facilitation Branding and -Communications On -Call Project Support Services for National City's COP NV5.COM 15 -17- NV5 Speech Writing and Project Spokesperson Informational Materials Newspaper Articles Agency and Special Interest Group Meetings • Report Writing/Graphic Design Stakeholder and Public Officials Briefings • Website Design • Stakeholder List and Tracking Nf`I;,ktEE>RIN z ..»ROJECT MANAGEMEN • Technical Analyses Preliminary Engineering Studies Project Tracking - PS&E ' QA/QC Constructability Reviews Bid Package Preparation Preparation of Record Drawings Site Evaluations Reports and Presentations PS&E Plan/Map Reviews Value Engineering S'A N"r 1 .q N AO E E„'T Research of Grant Opportunities Quarterly Progress Reports Preparation and Management of Grant Applications '' Schedule of Deliverables Outreach/Educational Events SEWER SYSTEM MANAGEMENT • Financial Administration Tax Roll Preparation Annual Sewer User Billing / Cost Sharing Analysis CAPITAL NEEDS ASSESSMENTS & ASSET MANAGEMENT • Geographic Information Systems (GIS) • Financial Analyses Reports and Presentations - Evaluation of City Infrastructure, Parks and Facilities Cost Estimates Phasing/Sequencing PROPERTY MANAGEMENT - Right -of -Way Acquisition Appraisals b, S ii g Plan One of the keys to successful delivery of projects through on -call and as -needed contracts is the proper allocation of resources, both from a technical specialty perspective and a production perspective. For this contract with the City we are prepared to dedicate the talents of registered engineers, licensed land surveyors and seasoned technical experts in more than ten disciplines, many of whom have previous experience working with National City: Civil Engineering (includes streets and sewer infrastructure) Structural Engineering Mechanical Engineering Electrical Engineering Traffic Engineering • ADA Compliance Geographic Information Systems (GIS) Utility Design & Coordination (includes Rule 20A Undergrounding & Joint Trench) Land Surveying (perform field surveying prepare plat & legal descriptions) Geotechnical (includes Soils & Materials Testing) I Environmental Engineering, Planning & Design Construction Management & Inspections (includes Certified Payroll) Plan and Map Reviews Constructability Reviews Grant Applications and Management Capital Needs Assessment and Asset Management One of the principal reasons for our success on on -call contracts is that technical or specialty resources are identified and allocated when the On -Call Project Support Services for National City's CIP NV5.COM j 6 -18- scope and budget for the task order are prepared, not hastily cobbled together after the Notice to Proceed (NTP) is received. The scopes and hours for each discipline are clearly spelled out before the project begins, whether the resource is in-house or an outside subconsultant. All task order requests and associated allocation of resources will be managed by Phil Kern, our Project Manager and day to day contact for this contract. c, Organizational Chart An organization chart, on the following page, illustrates our project team's roles and responsibilities. Key personnel (*) resumes, starting on the page following the organization chart, summarize our applicable licenses and technical expertise for this contract. NV5 is committing to the City that these qualified staff members and consultants will be available to deliver the City's projects. NV5 understands that no changes to our team can be made without prior written approval from the City. ;i, Roles and Responsibilities Having a depth of resources available within arm's length is also critical to delivering larger projects or dealing with those unforeseen project emergencies that crop up occasionally. NV5 has assembled a team with a collective knowledge of the services required to fulfill the City's needs, as well as established relationships with local municipalities and regulatory agencies. Their technical expertise will assist the City in completing assigned task orders in a timely fashion. The table below delineates the roles and certifications of our selected subconsultants. Our team features several firms that are experienced on National City projects, and familiar to City staff. i SUBCONSULTANT ; ROE Competitive Edge Research I John Nienstedt Market Research ECORP Consulting, Inc. i Margaret Bornyasz EnSafe I Daryl Hernandez, PE, QSD Entech Northwest inc. I Michelle Jones EQUAL ACCESS I Bob Evans, CASp Innovations City I Vilavahn Sanginthirath Keze Group, LLC I Karyn Keese Loveless Linton, Inc. I Rebekah Loveless, M.A., RPA Manuel Oncina Architects I Manuel Oncina, FARA Parterre I Lili O'Connor, RLA STC Traffic I Nick Minicilli, PE, TE Talent Evolution I Jared Smith West Coast Civil I Adam Podlich, PE, QSD Environmental Support Environmental Compliance CERTIFICATION Air/Boise j DBE Accessibility Compliance Marketing Assessment/Feasibility i Sewer System Management i WBE Cultural Resources Architecture Landscape Architecture Traffic Engineering Web Design Civil Engineering WMBE. SLBE, SB Micro SMBE/MBE I DBE/WBE I SBE, SB, SLBE BE/SMBE On -Calf Project Support Services for National City's CIP NVS.COM 17 -19- EXHIBIT B National City Charge Rates Effective 7/1/19 - 12/31/22 NV5 Technical Services Engineering Aide/Planning Aide . $75.00/hour Project Assistant $100.00/hour Project Administrator $125.00/hour CADD Technician I $110.00/hour CADD Technician II $135 ............................................... .00/hour CADD Technician III............................................................. $140.00/hour Senior CADD Technician/Designer echnician/Designer $150.00/hour Design Supervisor $165.00/hour Plan Check Services $155.00/hour Conditions of Approval Deveopment $180.00/hour Professional Junior Engineer/Planner/Surveyor$115.00/h our Assistant Engineer/Planner/Surveyor $140.00/hour Associate Engineer/Planner/Surveyor ..................... $165.00/hour Senior Engineer/Planner/Surveyor ......... $180.00/hour Manager $190.00/hour Structural Engineer $195.00/hour Associate $205.00/hour Principal $220.00/hour Sr. Principal $250.00/hour He ci Construction Management* Office Administrator $91.00/hour Junior Field Engineer $122.00/hour Assistant Field Engineer $144.00/hour Construction Inspector $151.00/hour Associate Field Engineer $157.00/hour Senior Field Engineer $164.00/hour Construction Manager (Registered Engineer) $180.00/hour Sr. Construction manager $198.00/hour Surveying* 1-Person Survey Crew (GPS) (Robotic) $190.00/hour 1-Person Survey Crew $151.00/hour 2-Person Survey Crew $260.00/hour 3-Person Survey Crew $345.00/hour Survey Manager... $197.00/hour GIS Analyst $160.00/hour xpenses Plotting and In -House Reproduction 1.10 x Cost Subsistence 1.10 x Cost Mileage - Outside Local Area Per Accepted IRS Rate *Field service rates for Construction Management and Surveying are based on the Prevailing Wage determination by the Department of Industrial Relations. Construction Management and Surveying rates are -20- NV5 expected to be adjusted in the near future. When the new rates are published, the rates for these services wilt be adjusted accordingly. Keze Group 1 s� r Effective Through 7/1/19 �`` Principal S198,00/hour -21- RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR AGREEMENT WITH NV5, INC. FOR A NOT -TO -EXCEED AMOUNT OF $2,000,000 TO PROVIDE ON - CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT; CIVIL ENGINEERING; TRAFFIC ENGINEERING; TRANSPORTATION PLANNING; GRANT MANAGEMENT; CONSTRUCTION MANAGEMENT, INSPECTIONS AND CERTIFIED PAYROLL; PLAN REVIEWS; CONSTRUCTABILITY REVIEWS; LONG-RANGE PLANNING; LAND SURVEYING; ENVIRONMENTAL ASSESSMENTS; GEOTECHNICAL; CONSTRUCTION SUPPORT; COMMUNITY OUTREACH AND COMMUNICATIONS; AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS WHEREAS, National City's Capital Improvement Program (CIP) estimates approximately $80 million in Capital Improvement Projects needs over the next five years to include 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; facilities improvements; and park amenities; and WHEREAS, 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 May 1, 2019; and WHEREAS, the RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified; and WHEREAS, the City also hosted an Information Session regarding the RFQ process on May 14, 2019 at the Martin Luther King Jr. Community Center, which was attended by over 100 people; and WHEREAS, the City received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 deadline 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 an interview, qualifications, and past performance, staff recommends executing a three-year Agreement (with the option to extend for two, one year extensions) with NV5, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; community outreach and communications; and Resolution No. 2019 — Page Two 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 three-year Agreement (with the option to extend for two, one year extensions) with NV5, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management; civil engineering; traffic engineering; construction management; inspections and certified payroll; transportation planning; land surveying; environmental assessment; geotechnical; construction support; plan reviews; constructability reviews; long-range planning; grants management; community outreach and communications. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to execute any project specific supplemental agreements as may be required for grant funded projects. PASSED and ADOPTED this 3rd day of December, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk NV5, INC. On -Call Project Support Services — CIP Program Judith Hernandez (Engineering/Public Works) forwarded a duplicate original Agreement to NV5, Inc.