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HomeMy WebLinkAboutDraft Agenda Packer - 11-05-19 CC HA AgendaAGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL Orr J337 iACORPORATED ALEJANDRA SOTELO-SOLIS Mayor RON MORRISON Vice Mayor JERRY CANO Councilmember GONZALO QUINTERO Councilmember MONA RIOS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, NOVEMBER 5, 2019 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Meetings begin in Open Session at 5:00 p.m. or such other time as noted, and after announcing closed session items, convenes into a Closed Meeting. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or unrelated. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are 1 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 2 adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Spanish to English interpretation services are available to members of the public who wish to speak to the City Council during the meeting. "Request to Speak" forms requesting interpretation must be filed within the first two hours of the meeting. Espanol a los servicios de interpretacion Ingles de audio esta disponibles para los miembros del publico que desean hablar con el Ayuntamiento durante del Consejo Municipal. "Solicitud para hablar de" formas solicitud de interpretacion deben ser presentadas dentro de las dos primeras horas del Consejo Municipal. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. 2 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AND CERTIFICATES 1. National City Recognizes Environmental Health Coalition's 40th Anniversary 2. National City Recognizes National City Chamber of Commerce for Platinum LEED Certification AWARDS AND RECOGNITIONS 3. Resolution of the City Council of the City of National City accepting turkeys and or monetary donations to purchase turkeys to provide for the National City community during Thanksgiving Season 2019 and recognizing the donors of such gift. (City Manager and City Attorney) PRESENTATIONS 4. Women's Transportation Seminar (WTS) San Diego Chapter "2019 Alternative Modes & Active Transportation Award" - 18th Street "Complete Street" Project. (Engineering/Public Works) 5. Circulate San Diego "2019 Momentum Awards: Innovation Award" - National City Engineering & Public Works Department. (Engineering/Public Works) INTERVIEWS / APPOINTMENTS 6. Interviews and Appointments: Various Boards & Commissions. (City Clerk) REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 3 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 4 7. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) 8. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of April 16, 2019 and the Special Meeting of the City Council of the City of National City of April 24, 2019. (City Clerk) 9. Resolution of the City Council of the City of National City: 1) accepting the work performed by Preman Roofing, Inc., for the City Hall Roof Replacement Project, CIP No. 18-08; 2) approving the final contract amount of $325,555.00; 3) ratifying the release of retention in the amount of $16,277.75; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) 10. Resolution of the City Council of the City of National City: 1) accepting the work performed by Portillo Concrete, Inc. for the Harbison Avenue Road Diet Project, CIP No. 18-17; 2) approving the final contract amount of $362,715.92; 3) authorizing the release of retention in the amount of $18,135.80; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Cooperative Agreement between the City of National City and San Diego Port Tenants Association, STC Traffic, Inc. and DENSO International America (FSM Team) for Access to City of National City Traffic Signal Data for Freight Signal Priority Pilot Project Demonstration (Engineering/Public Works) 12. Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with sign in front of the residence located at 42 E. 5th Street (TSC No. 2019-10). (Engineering/Public Works) 13. Resolution of the City Council of the City of National City authorizing the installation of "Keep Clear" pavement markings on the westbound and eastbound travel lanes of W. 8th Street, in front of the ingress and egress driveway of the 8th Street Transit Center located on the north side of 8th Street, East of Harbor Drive (TSC No. 2019-11). (Engineering/Public Works) 14. Investment transactions for the month ended August 31, 2019. Finance) 4 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 5 15. Warrant Register #12 for the period of 9/11/19 through 9/17/19 in the amount of $687,040.03. (Finance) 16. Warrant Register #13 for the period of 9/18/19 through 9/24/19 in the amount of $1,911,165.10. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 17. Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending National City Municipal Code Title 13, Section 13.18, pertaining to street trees; and a Public Hearing and the Introduction of the Urban Forest Management Plan. (Engineering/Public Works) 18. Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Section 18.12.160 (Historic Properties) of Title 18 (Zoning) of the National City Municipal Code. (Applicant City - Initiated) (Case File 2019-23 A) (Planning) 19. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending Sections 18.21.020 (Allowed Uses Residential Zone) and 18.30.080 (Family Day Care Homes) of Title 18 (Zoning) of the National City Municipal Code. (Applicant City -Initiated) (Case File 2019-27 A) (Planning) 20. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending Section 18.29.070 (Floodway (-FW), floodway fringe (-FF-1), and floodway fringe -shallow flooding (-FF-2) zones) of Title 18 (Zoning) of the National City Municipal Code. (Applicant City -Initiated) (Case File 2019-24 A) (Planning) NON CONSENT RESOLUTIONS 21. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with DHS Consulting, LLC. 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; 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. (Engineering/Public Works) 22. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with Innovative Construction Consulting Services (ICCS) for a not -to -exceed amount of $2,000,000 to 5 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 6 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; 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. (Engineering/Public Works) 23. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with Project Professionals Corporation (PPC) 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; 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. (Engineering/Public Works) NEW BUSINESS 24. Temporary Use Permit - Soldier Ride San Diego sponsored by Wounded Warrior Project on November 22, 2019 from 9 a.m. to 12 p.m. with no waiver of fees. (Neighborhood Services) 25. City Council Meeting Schedule for January 2020. (City Clerk) B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT 6 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 7 Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - November 19, 2019 - 6:00 p.m. - Council Chambers - National City, California 7 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 8 The following page(s) contain the backup material for Agenda Item: National City Recognizes Environmental Health Coalition's 40th Anniversary Please scroll down to view the backup material. 8 of 306 Item # 11 /05/019 NATIONAL CITY RECOGNIZES ENVIRONMENTAL HEALTH COALITION'S 40TH ANNIVERSARY Proclamation Forthcoming 9 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 10 The following page(s) contain the backup material for Agenda Item: National City Recognizes National City Chamber of Commerce for Platinum LEED Certification Please scroll down to view the backup material. 10 of 306 Item # 11 /05/19 NATIONAL CITY RECOGNIZES NATIONAL CITY CHAMBER OF COMMERCE FOR PLATINUM LEED CERTIFICATION 11 of 306 CC/CDC-HA Agenda 11 /5/2019 — Page 12 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City accepting turkeys and or monetary donations to purchase turkeys to provide for the National City community during Thanksgiving Season 2019 and recognizing the donors of such gift. (City Manager and City Attorney) Please scroll down to view the backup material. 12 of 306 CITY OF NATIONAL CITY, CALIFORN IA COUNCIL AGENDA STATEMENT MEETING DATE: November 5, 2019 AGENDA ITEM NO. TEM TITLE: Resolution of the City Council accepting turkeys and or monetary donations to purchases turkeys to provide for the National City community during Thanksgiving Season 2019 and recognizing the donors of such gift. PREPARED BY: Brad Raulston Angil P. Morris -Jones PHONE: 4240 and 4220 EXPLANATION: DEPARTMENT: City Manager and City Attorney's Office APPROVED BY: In accordance with Government Code Section 37354, City Council Policy 204 and pursuant to their police powers per the California Constitution to protect and promote the health and general welfare of the public, the City Council by adoption of the resolution accepts the turkeys and or monetary donations to provide for the community during Thanksgiving Season 2019. Further, the resolution recognizes the donors of such gifts. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINALADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt proposed Resolution. BOARD /COMMISSION RECOMMENDATION: N/A ATTACHMENTS: • Resolution 13 of 306 CC/CDC-HA Agenda 11 /5/2019 — Page 14 The following page(s) contain the backup material for Agenda Item: Women's Transportation Seminar (WTS) San Diego Chapter "2019 Alternative Modes & Active Transportation Award" - 18th Street "Complete Street" Project. (Engineering/Public Works) Please scroll down to view the backup material. 14 of 306 ITEM NO. 11/5/19 Women's Transportation Seminar (WTS) San Diego Chapter "2019 Alternative Modes & Active Transportation Award" — 18th Street "Complete Street" Project (Engineering & Public Works) 15 of 306 CC/CDC-HA Agenda 11 /5/2019 — Page 16 The following page(s) contain the backup material for Agenda Item: Circulate San Diego "2019 Momentum Awards: Innovation Award" - National City Engineering & Public Works Department. (Engineering/Public Works) Please scroll down to view the backup material. 16 of 306 ITEM NO. 11/5/19 Circulate San Diego "2019 Momentum Awards: Innovation Award" — National City Engineering & Public Works Department (Engineering & Public Works) 17 of 306 CC/CDC-HA Agenda 11 /5/2019 — Page 18 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Various Boards & Commissions. (City Clerk) Please scroll down to view the backup material. 18 of 306 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 5, 2019 AGENDA ITEM NO. ITEM TITLE: Interviews and Appointments: Various Boards & Commissions. (City Clerk) PREPARED BY: Michael R. Dalla PHONE: (619) 336-4226 EXPLANATION: See attached. DEPARTMENT: City Clerk APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Interview and appoint as desired. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Explanation Applications 19 of 3061 BOARDS & COMMISSIONS — CURRENT VACANCIES AND EXPIRED TERMS November 5, 2019 CIVIL SERVICE COMMISSION (Appointing Authority: City Council There are two (2) expiring terms on the Civil Service Commission (Leslie Coyote and David Garcia). Mr. Garcia does not wish to be reappointed. Leslie Coyote has indicated a desire to be reappointed. There are no new applicants. Name Interviewed Leslie Coyote Incumbent (desires reappointment) Expired Term No Applicants LIBRARY BOARD OF TRUSTEES (Appointing Authority: Mayor, subject to confirmation by City Council) There is one (1) vacancy on the Library Board of Trustees (Deborah Hernandez). Cheryl Howrey-Colmenero is the alternate member of the Board. As provided in Title 16 of the Municipal Code: 'An alternate member is automatically eligible for appointment as a regular member. provided the alternate member is in good standing (e.g., good attendance record)'. There are no new applicants. Name Interviewed Cheryl Howrey-Colmenero Current Alternate Member PARKS, RECREATION & SENIOR CITIZENS ADVISORY BOARD (PRSCAB) (Appointing Authority: Mayor, subject to confirmation by City Council) There is one (1) vacancy (Zachary Gomez) and one (1) expiring term (Nora McMains). Mrs. McMains desires to be reappointed. A 4/5 vote is required for reappointment. There is one new applicant (Joseph Crawford). Name Interviewed Nora McMains Incumbent (desires reappointment) Joseph Crawford No PUBLIC ART COMMITTEE (Appointing Authority: Mayor, subject to confirmation by City Council) There is one (1) expiring term on the Public Art Committee (William Virchis). Mr. Virchis has indicated a desire to be reappointed. There is one (1) new applicant (Jacqueline Schliapnik). Name Interviewed William Virchis Incumbent (desires reappointment) Jacqueline Schliapnik No TRAFFIC SAFETY COMMITTEE (Appointing Authority: Mayor, subject to confirmation by City Council) There are two (2) expiring terms on the Traffic Safety Committee (Christopher Coyote and Richard Sherman). Mr. Coyote has indicated a desire to be reappointed. Mr. Sherman does not wish to be reappointed. There are no new applicants. Name Interviewed Christopher Coyote Incumbent (desired reappointment) Expired Term No Applicants 1 20 of 306 CITY OF NATIONAL CITY Pursuant to the California Public Records Act, information on this form APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) — Civil Service Committee Library Board of Trustees Vliarks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Planning Commission Public Art Committee* Traffic Safety Committee ➢ Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. ➢ Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: dOsepY1 L C rk ASC)r Cl E-Mail: csokw IP % '?® j. thQi f. CQWI Home Address: (317 ekveirue Apt h 07 Tel. No.(±1)'7i3-6 lOg---.. Business Affiliation: w- I ale-.-Peo f le- P4-0 i1L1O`tr a!I s Title: A6l iv.i✓t S rex-J-o r. Business Address: Ct*OrLct "RO1S Tel. No. (.4% .,jl`'7-`/F,S Length of Residence in National City: cJ C/ raj San Diego County: (fcJ California:/�"3 11 1/ -E Cal c�e� Co Iu,1 ja�c� koQ O , Educational Background: f a�� a � � `� ! ! b �1rOCr�G"Gu�l"‘>l�j }-13LIsrvie f ;5+r�t,or) Occupational Experience: 04 T 1n "De vi=� u p Yk epl±) CD M Du `> �2r O�.2r n+r Ofl Xr CDC cl err Sere c zes l li„L �v �zn~�� o,-� Cu-Lca Professional or Technical Organization Memberships: MOcI1 . . O ��� c,� O S /I/oi/a S?re--0 t t o n ` Civic or Community Experience, Membership, or Previous Public Service Appointments: rvl,tau s � Thea e.., ` 0 rl r'z r'n� car kgR Experience or Special Knowledge Pertaining to Area of Interest: lkf i'i n)or Ae /45500` I± Or? Have you ever been convicted of a felony crime? No: S'es:_ misdemeanor crime? No:t/es:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: os)--1 -I /1 Signature: _ye Please feel free to provide additional information or letters of en.orsem c:7 Return completed form to: Office of the City Clerk, 1243 National City Blvd., Natioral N Thank you for your interest in serving the City of National City -3 ao d Revised: February 2019 --3 may be released to the public upon request. 21 of 306 i BOARDS, COMMISSIONS & COMMITTEES Meeting Times and Locations CIVIL SERVICE COMMISSION Second Wednesday of every other month 5:30 p.m. — City Hall Large Conference Room COMMUNITY AND POLICE RELATIONS COMMISSION Third Thursday of February, May, August & November 6:00 p.m. — City Council Chambers LIBRARY BOARD OF TRUSTEES First Wednesday of every month 5:30 p.m. — National City Public Library PARKS, RECREATION & SENIOR CITIZENS ADVISORY BOARD Third Thursday of every month 4:00 p.m — City Hall Large Conference Room PLANNING COMMISSION First and Third Monday of every month 6:00 p.m. — City Council Chambers PUBLIC ART COMMITTEE Fourth Tuesday of January, April, July, October 3:00 p.m. — City Hall Large Conference Room TRAFFIC SAFETY COMMITTEE Second Wednesday of every month 1:00 p.m. — City Hall Large Conference Room VETERANS & MILITARY FAMILIES ADVISORY COMMITTEE Quarterly Dates, time and location to be determined 22 of 306 CITY OF NATIONAL CITY TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* RECEIVED APPLICATION FOR APPOINTMENT CI C, ERK f Civil Service Committee /Ii1 li= 37 Plannin tloYnall 4iorilONAL CITY X Public Art Committee* Traffic Safety Committee Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: la .Cl>JQ,l{>(1e Se h\a ' ( E-Mail: jAC.K'e \o {5 mac() ,-4-iot• co, Home Address: tj\R) . NA.Q_4 `1-3., Tel. No.: lfd - 1 D + \`3 Business Affiliation: Business Address: I lu 1b ' W - Y .3- k C'V -1110 tei. No.: Laf q- 31-e- • Length of Residence in National City: San Diego County: 11- California: Educational Background: 6 £kQ,\As /.5S(3 - Cnrnw.h1 l G (3-S Uctde Sk �� e1:AM/LC ',coo La-6-krkpt 1Ou.S ER-Fitie: AC 'k Occupational Experience: A(', -her / MC / Y OcCe. 1\er \-Nuim {iih\d{ t �c- Professional or Technical Organization Memberships: ski x c.- Ehium, ber Crn,t-Pel-RAc�. Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Speciarknowledge Pertaining to Areaof interest: S ' (g�i-ed U '(`6.11�\A\ .1k ,�kJl W _ ( ko cm(( Have you ever been convicted of a felony crime? NoYes:_ misdemeanor crime? No:_ Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: (P /i t f V 9 Signature: fi Cc - Please feel free to provide additional infor ation or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. Pursuant to the California Public Records Act, information on this form Revised: February 2019 may be released to the public upon request. 3 23 of 306 June 7, 2019 To: The Public Art Committee I have worked with Jacqueline Schliapnik for 6 years at Radio Latina 104.5 FM. She serves as an Account Executive and dedicated Promotions Liason at station events. Jackie has volunteered her time and talents to many organizations. She acted as Master of Ceremonies at Cinco de Mayo Con Orgullo in Chicano Park (2019). She Co -Hosted. Kids Care Fest, an event providing Medical and. Dental Care for kids under 18, for the Grossmont Healthcare District (2017-18) She hosted The Science and Art Expo in Barrio Logan in Spring 2019. Jackie is passionate about the arts, and her mission is to elevate their role in the community. She performed in the play "Fefu and her Friends" at Olive Wood Gardens in National City (May 2018). She played the role of Sue, an independent woman in the 1930's, and had the opportunity to showcase her many talents by singing opera. This experience reinforced how important creativity and the arts are in her life and in the lives of others. Jacqueline also founded and produced an online radio station for Latinos world-wide. Jacqueline Schliapnik's decades of experience in media, and devotion to theater and the arts wouldbe a great asset to the Public Art Committee for National City. Best Regards, VIWV1 Ellen Ascher - Senior Account Executive - Radio Latina XLTN 104.5 FM 1"r1AGENl GROUP INC du' 4.;:A E'L ., e. N-.6ora: C F GA g' 9ci Tel: (619) 336-7800 / Fax: (619) 420-1092 % ww.'045radlolatiau com 4 24 of 306 June 7t1, 2019 To whom it may concern: I am the programming Director for Radio Latina 104.5. I have known and worked with Jacqueline Schliapnik for over 6 years at Radio Latina. She is an Account Executive developing local advertising business and also works with the promotions team on station events. We work together but also have a friendship. I see her passion for the community and her interest in making positive change. She recently made a dream come true of seeing all the art she studied as a child in the gate program, when she visited the Louvre in Paris and found herself finally face to face with some of the most poignant pieces of artwork in history like the Mona Lisa by Leonardo Da Vinci and Degas famous ballerinas amongst many. Jackie enjoys singing, dancing, acting and voice over work as the arts have been a constant in her life. She would be happy to bring the arts to the forefront of the community by actively participating in that creative process. The arts have been proven to be an important thread in the building of a community and we need more people willing to do so. Jacqueline Schliapnik would be highly recommended for the Public Art Committee of National City. The ou,r atlek „ lip , '3.-7 f) Libia S Radi 619- rogram Director IMAGEN GROUP, INC. 2403 Hoover Ave.. National City. CA 91950 Tel: (619) 336-7800 / Fax: (619) 420-1092 www.1045radioiatina.com 5 25 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 26 The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) Please scroll down to view the backup material. 26 of 306 Item # 11 /05/19 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES OR RESOLUTIONS THAT ARE HAVING A PUBLIC HEARING CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES OR RESOLUTIONS SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) 27 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 28 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of April 16, 2019 and the Special Meeting of the City Council of the City of National City of April 24, 2019. (City Clerk) Please scroll down to view the backup material. 28 of 306 Item # 11/05/19 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF APRIL 16, 2019 AND THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF APRIL 24, 2019. (City Clerk) 29 of 306 Book 101 / Page 69 04-16-2019 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY April 16, 2019 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:01 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis. ROLL CALL Council / Board members present: Cano, Morrison, Rios, Sotelo-Solis. Council / Board members absent: Quintero. Administrative Officials present: Denham, Manganiello, Meteau, Morris -Jones, Newell, Olson, Parra, Raulston, Roberts, Smith, Tellez, Vergara, Williams, Ybarra, Young. Others present: City Treasurer Mitch Beauchamp and Student Council Representative Danielle Cruz. PLEDGE OF ALLEGIANCE TO THE FLAG BY MEMBER CANO PUBLIC COMMENTS - None PROCLAMATIONS AND CERTIFICATES PROCLAMATION AND CERTIFICATE ADMIN (102-2-1) 1. National City Proclaims San Ysidro Health Day PROCLAMATION AND CERTIFICATE ADMIN (102-2-1) 2. National City Proclaims April as Arts, Culture and Creativity Month PRESENTATIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2019 (102-10-14) 3. Public Space Interventions Youth Designs - James Halliday from A Reason to Survive (ARTS) and Students from High Tech High Chula Vista COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2019 (102-10-14) 4. California Cannabis Control Summit 2019 - Mayor Alejandra Sotelo-Solis, Roberto Contreras, Deputy City Attorney and Lieutenant Greg Seward. (Mayor's Office, City Attorney and National City Police Department) 1 30 of 306 CITY COUNCIL CONSENT CALENDAR Book 101 / Page 70 04-16-2019 ADOPTION OF CONSENT CALENDAR. Item No. 5 (NCMC), Item No. 6 (Minutes), Item Nos. 7 through 13 (Resolution Nos. 2019-39 through 2019-45), Item Nos. 14 through 16 (Warrant Registers). Motion by Rios, seconded by Morrison, to approve the Consent Calendar. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Quintero. MUNICIPAL CODE 2019 (506-2-34) 5. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. GENERAL ADMIN (103-2-1) 6. APPROVAL OF THE MINUTES OF THE SPECIAL MEETINGS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF OCTOBER 4, 2016 AND JANUARY 22, 2019, AND THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF OCTOBER 4, 2016 AND THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF JANUARY 22, 2019. (City Clerk) ACTION: Approved. See above. ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN (1104-1-1) 7. Resolution No. 2019-39. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL (FORMERLY "NATIONAL JOINT POWERS ALLIANCE") CONTRACT #120716-NAF WITH NATIONAL AUTO FLEET GROUP FOR THE PURCHASE AND BUILD - OUT OF ONE (1) 2019 FORD SUPER DUTY F-450 DRW (X4G) STENCIL TRUCK IN AN AMOUNT NOT TO EXCEED $124,671.85. (Engineering/Public Works) ACTION: Adopted. See above. 2 31 of 306 Book 101 / Page 71 04-16-2019 CONSENT CALENDAR (cont.) ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN (1104-1-1) 8. Resolution No. 2019-40. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY (BUYER) TO PIGGYBACK ONTO THE CITY OF ENCINITAS URBAN FORESTRY MAINTENANCE SERVICES CONTRACT WITH WEST COAST ARBORIST, INC. (WCA) TO AWARD A CONTRACT FOR GRANT COORDINATION SERVICES IN AN AMOUNT NOT TO EXCEED $196,000, FUNDED BY A CAL FIRE URBAN AND COMMUNITY FORESTRY GRANT. (Engineering/Public Works) ACTION: Adopted. See above. DEED (D2019-3) 9. Resolution No. 2019-41. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GRANTING A UTILITY EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY (SDG&E) TO UNDERGROUND, CONSTRUCT AND/OR MAINTAIN ELECTRICAL AND COMMUNICATIONS FACILITIES THAT SERVICE LAS PALMAS MUNICIPAL POOL AND CAMACHO RECREATION CENTER; AND AUTHORIZING THE MAYOR TO SIGN THE UTILITY EASEMENT. (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2019 (801-2-41) 10. Resolution No. 2019-42. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF "NO TRUCK PARKING" SIGNAGE ON THE EAST SIDE OF CLEVELAND AVENUE, BETWEEN W. 22ND STREET AND THE DRIVEWAY IN FRONT OF 2143 CLEVELAND AVENUE (TSC No. 2019-01). (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2019 (801-2-41) 11. Resolution No. 2019-43. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF SIGNAGE AND STRIPING IMPROVEMENTS ON "F" AVENUE TO PROVIDE ACCESS TO THE NEW PARKING LOT PROPOSED FOR STUDENT DROP-OFF/PICK-UP AT OLIVEWOOD ELEMENTARY SCHOOL (TSC No. 2019-02). (Engineering/Public Works) ACTION: Adopted. See above. 3 32 of 306 Book 101 / Page 72 04-16-2019 CONSENT CALENDAR (cont.) ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN (1104-1-1) 12. Resolution No. 2019-44. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) APPROVING THE FOLLOWING PROJECT PROPOSED TO RECEIVE FUNDING FROM THE ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) THROUGH THE LOCAL STREETS AND ROADS FUNDING PROGRAM AS REQUIRED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 - CITYWIDE RADAR SPEED FEEDBACK SIGN INSTALLATIONS; 2) REAFFIRMING TO THE PUBLIC AND STATE THE CITY'S INTENT TO FUND PREVIOUSLY PROPOSED AND ADOPTED PROJECTS WITH RMRA REVENUES; AND 3) AUTHORIZING THE ESTABLISHMENT OF A GAS TAX FUND APPROPRIATION OF $1,030,455 FOR FISCAL YEAR 2020 AND CORRESPONDING REVENUE BUDGET FOR RECEIPT OF RMRA FUNDS. (Engineering/Public Works) ACTION: Adopted. See above. BLOCK GRANT PROGRAM ADMIN 2019-2020 (406-1-34) 13. Resolution No. 2019-45. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING AUTHORIZATION TO REPROGRAM $21,000.00 OF PERSONNEL APPROPRIATIONS TO MATERIALS AND SUPPLIES FOR THE HOUSING INSPECTION PROGRAM WITHIN THE HOUSING & ECONOMIC DEVELOPMENT DEPARTMENT'S COMMUNITY DEVELOPMENT BLOCK GRANT FY 2019 APPROVED BUDGET WITH NO IMPACT TO STAFFING OR SERVICES COVERED. (Housing & Economic Development) ACTION: Adopted. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 14. Warrant Register #37 for the period of 03/06/19 through 03/12/19 in the amount of $1,971,657.42. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 15. Warrant Register #38 for the period of 03/13/19 through 03/19/19 in the amount of $487,693.05. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 16. Warrant Register #39 for the period of 03/20/19 through 03/26/19 in the amount of $545,915.60. (Finance) ACTION: Ratified. See above. 4 33 of 306 Book 101 / Page 73 04-16-2019 PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS MUNICIPAL CODE 2019 (506-2-34) 17. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 9.06 (FOOD VENDING), CHAPTER 10.22 (SALES ACTIVITY AND SOLICITATION FROM OR AFFECTING VEHICLES, TRAFFIC, PUBLIC PROPERTY AND AREAS, AND COMMERCIAL PARKING AREAS), CHAPTER 10.52 (REGULATIONS FOR THE USE OF MUNICIPAL PARKS, PLAYGROUNDS AND GOLF COURSES), AND ADDING CHAPTER 13.30 REGARDING VENDING ON CITY SIDEWALKS AND PEDESTRIAN PATHWAYS. (Applicant: City -Initiated Amendment) (Case File 2018-26 A) (Planning) RECOMMENDATION: Introduce the Ordinance. TESTIMONY: None. ACTION: Motion by Cano, seconded by Rios, to close the Public Hearing. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Quintero. Motion by Cano, seconded by Rios, to introduce the Ordinance. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Quintero. STAFF REPORT: City Attorney Angil Morris -Jones stated for the record, that the Ordinance will come back on May 7th for adoption. RECESS A five-minute recess was called at 8:20 p.m. The meeting reconvened at 8:25 p.m. Council / Board members present: Cano, Morrison, Rios, Sotelo-Solis. Council / Board members absent: Quintero. CELLULAR RADIO / TEL FACILITIES ADMIN - WIRELESS COMM. (908-1-3) 18. PUBLIC HEARING AND INTRODUCTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF PROPOSED POLICY ON SMALL CELLS EQUIPMENT WHICH DELEGATES AUTHORITY TO THE CITY MANAGER TO NEGOTIATE A LICENSE AGREEMENT WITH THE CONCURRENCE OF THE CITY ATTORNEY. (City Attorney) **Companion Item #19** RECOMMENDATION: Introduce the Resolution. STAFF REPORT: Background information was provided by City Consultant Tripp May, from Telecom Law Firm. TESTIMONY: Kevin McGee, representing AT&T, spoke in support of the Resolution and answered questions. 5 34 of 306 Book 101 / Page 74 04-16-2019 PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.) CELLULAR RADIO / TEL FACILITIES ADMIN - WIRELESS COMM. (908-1-3) 18. PUBLIC HEARING AND INTRODUCTION OF A RESOLUTION (cont.) ACTION: Motion by Morrison, seconded by Cano, to close the Public Hearing. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Quintero. Motion by Cano, seconded by Morrison, to introduce the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Quintero. CELLULAR RADIO / TEL FACILITIES ADMIN - WIRELESS COMM. (908-1-3) MUNICIPAL CODE 2019 (506-2-34) 19. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 18.30.220 OF THE NATIONAL CITY MUNICIPAL CODE FOR THE REGULATION OF SMALL WIRELESS FACILITIES AND OTHER INFRASTRUCTURE DEPLOYMENT. (City Attorney) **Companion Item #18** RECOMMENDATION: Introduce the Ordinance. TESTIMONY: Kevin McGee, AT&T, spoke in support of the actions regarding Item No. 19 (spoke in support during Item No. 18 for both items). ACTION: Motion by Morrison, seconded by Cano, to close the Public Hearing. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Quintero. Motion by Morrison, seconded by Cano, to introduce the Ordinance. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Quintero. STAFF REPORT: City Attorney Angil Morris -Jones stated for the record, that the Ordinance will come back on May 7th for adoption. NON CONSENT RESOLUTIONS Member Rios requested to hear the Staff Report on all Non Consent Resolutions and then vote on the items with one motion. City Attorney Morris -Jones clarified that after the Staff Report is provided for all ten Resolutions and after Deputy City Clerk Newell reads all Resolution titles they will be voted on with one motion. Acting City Engineer Roberto Yano provided the Staff Report for Item Nos. 20 through 29. 6 35 of 306 Book 101 / Page 75 04-16-2019 NON CONSENT RESOLUTIONS (cont.) ADOPTION OF NON CONSENT RESOLUTIONS. Item Nos. 20 through 29 (Resolution Nos. 2019-46 through 2019-55). Motion by Morrison, seconded by Cano, to adopt the Non Consent Resolutions, No. 2019-46 through 2019-55. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Quintero. CONTRACT (C2017-34) 20. Resolution No. 2019-46. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH NV5, INC., INCREASING THE NOT -TO -EXCEED AMOUNT BY $250,000 (25% INCREASE) FOR A TOTAL OF $1,250,000, EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO JUNE 19, 2020, 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; ADA COMPLIANCE; GIS; UTILITY DESIGN AND COORDINATION; CONSTRUCTION SUPPORT; COMMUNITY OUTREACH AND COMMUNICATIONS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Adopted. See above. CONTRACT (C2014-15) 21. Resolution No. 2019-47. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH STC TRAFFIC, INC., INCREASING THE NOT -TO -EXCEED AMOUNT BY $500,000 (25% INCREASE) FOR A TOTAL OF $2,500,000, EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO JUNE 5, 2020, TO PROVIDE ON - CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT; ENGINEERING; ARCHITECTURE; CONSTRUCTION MANAGEMENT AND INSPECTIONS; TRAFFIC SIGNAL COMMUNICATIONS INFRASTRUCTURE AND SYSTEMS INTEGRATION; LAND SURVEYING; ENVIRONMENTAL ASSESSMENTS; GEOTECHNICAL; CONSTRUCTION SUPPORT; PLAN REVIEWS; COMMUNITY OUTREACH AND COMMUNICATIONS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Adopted. See above. 7 36 of 306 Book 101 / Page 76 04-16-2019 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2010-68) 22. Resolution No. 2019-48. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH PROJECT PROFESSIONALS CORPORATION, INCREASING THE NOT -TO - EXCEED AMOUNT BY $500,000 (25% INCREASE) FOR A TOTAL OF $2,500,000, EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO JUNE 5, 2020, 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; COMMUNITY OUTREACH AND COMMUNICATIONS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Adopted. See above. CONTRACT (C2010-69) 23. Resolution No. 2019-49. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH KIMLEY HORN & ASSOCIATES, INC., INCREASING THE NOT -TO -EXCEED AMOUNT BY $500,000 (25% INCREASE) FOR A TOTAL OF $2,500,000, EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO JUNE 5, 2020, TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT; ENGINEERING; ARCHITECTURE; LAND SURVEYING; ENVIRONMENTAL ASSESSMENTS; GEOTECHNICAL; CONSTRUCTION SUPPORT; PLAN REVIEWS; COMMUNITY OUTREACH AND COMMUNICATIONS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Adopted. See above. CONTRACT (C2014-14) 24. Resolution No. 2019-50. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH INNOVATIVE CONSTRUCTION CONSULTING SERVICES, LLC, INCREASING THE NOT -TO -EXCEED AMOUNT BY $500,000 (25% INCREASE) FOR A TOTAL OF $2,500,000, EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO JUNE 5, 2020, TO PROVIDE ON -CALL PROJECT 8 37 of 306 Book 101 / Page 77 04-16-2019 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2014-14) 24. Resolution No. 2019-50 (continued). 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; COMMUNITY OUTREACH AND COMMUNICATIONS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Adopted. See above. CONTRACT (C2004-51) 25. Resolution No. 2019-51. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH D-MAX ENGINEERING, INC., INCREASING THE NOT -TO -EXCEED AMOUNT BY $500,000 (25% INCREASE) FOR A TOTAL OF $2,500,000, EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO JUNE 5, 2020, TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT; ENGINEERING; ENVIRONMENTAL PLANNING; COMPLIANCE AND ASSESSMENTS; CONSTRUCTION SUPPORT; PLAN REVIEWS; COMMUNITY OUTREACH AND COMMUNICATIONS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Adopted. See above. CONTRACT (C2017-36) 26. Resolution No. 2019-52. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH NERI LANDSCAPE ARCHITECTS, INCREASING THE NOT -TO -EXCEED AMOUNT BY $250,000 (25% INCREASE) FOR A TOTAL OF $1,250,000, EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO JUNE 19, 2020, TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT; ENGINEERING; LANDSCAPE ARCHITECTURE; URBAN PLANNING AND DESIGN; CONSTRUCTION SUPPORT; PLAN REVIEWS; COMMUNITY OUTREACH AND COMMUNICATIONS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Adopted. See above. 9 38 of 306 Book 101 / Page 78 04-16-2019 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2014-31) 27. Resolution No. 2019-53. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH RANDALL LAMB ASSOCIATES, INC., INCREASING THE NOT -TO -EXCEED AMOUNT BY $250,000 (25% INCREASE), FOR A TOTAL OF $1,250,000, EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO JUNE 19, 2020, TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT; MECHANICAL, ELECTRICAL AND PLUMBING ENGINEERING; AIR BARRIER AUDITING AND COMMISSIONING; ENERGY SOLUTIONS; CONSTRUCTION SUPPORT; PLAN REVIEWS; CONSTRUCTABILITY REVIEWS; COMMUNITY OUTREACH AND COMMUNICATIONS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Adopted. See above. CONTRACT (C2017-37) 28. Resolution No. 2019-54. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH SCST, LLC, INCREASING THE NOT -TO -EXCEED AMOUNT BY $125,000 (25% INCREASE) FOR A TOTAL OF $625,000, EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO JUNE 19, 2020, TO PROVIDE ON - CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, GEOTECHNICAL, SOILS AND MATERIALS TESTING. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Adopted. See above. CONTRACT (C2014-54) 29. Resolution No. 2019-55. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH KTU&A, INCREASING THE NOT -TO -EXCEED AMOUNT BY $250,000 (25% INCREASE) FOR A TOTAL OF $1,250,000 EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO JUNE 19, 2020, TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT; ENGINEERING; LANDSCAPE ARCHITECTURE; URBAN 10 39 of 306 Book 101 / Page 79 04-16-2019 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2014-54) 29. Resolution No. 2019-55 (continued). PLANNING AND DESIGN; CONSTRUCTION SUPPORT; PLAN REVIEWS; COMMUNITY OUTREACH AND COMMUNICATIONS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Adopted. See above. NEW BUSINESS FINANCE DEPT ADMIN (1104-1-13) 30. CaIPERS Pension Cost Update. (Finance) RECOMMENDATION: Accept and file the report. STAFF REPORT: Mike Myers, NHA Advisors, provided an overview on historic cost trends, recent changes impacting the City's budget, and strategies that other cities including National City are already using to help manage costs; and he responded to questions. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to accept and file the Report. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Quintero. CITY ATTORNEY REPORTS (509-1-3) 31. No vacancy in the Office of the City Clerk due to retirement delay. (City Attorney) STAFF REPORT: City Attorney Morris -Jones reported that City Clerk /Records Manager Michael Dalla has reconsidered his intention to retire and will continue to serve until the end of his term in 2020 and plans to pursue an Ordinance establishing local campaign contribution limits. ACTION: Mayor Sotelo-Solis and Member Rios requested a follow- up report and information from City Attorney Morris -Jones regarding changing the elected City Clerk and City Treasurer positions to appointed; the difference in cost between a March and November election in 2020; budgetary savings and costs regarding salaries of the positions; and information on how other cities select and structure the City Clerk and City Treasurer positions and duties. There was no vote. 11 40 of 306 Book 101 / Page 80 04-16-2019 B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY HOUSING AUTHORITY 2019 (404-1-8) 32. Resolution No. 2019-73. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE FULL REPAYMENT OF AN UNSECURED LOAN WITH A CURRENT BALANCE OF $4,941,000 MADE BY THE CITY OF NATIONAL CITY TO FUND THE ACQUISITION OF LAND FOR THE PARADISE CREEK AFFORDABLE HOUSING PROJECT AND TO BE PAID FROM THE PROCEEDS OF THE SALE OF THE IMPROVEMENTS AT KIMBALL AND MORGAN TOWERS. (Housing Economic & Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Rios, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Quintero. OFF AGENDA ITEM Motion made by Rios, seconded by Morrison, to add an item to the agenda as Item No. 33 to consider authorizing the Mayor to sign an immediate letter of support for the San Diego Association of Governments (SANDAG) in order to mitigate risks associated with the extension of the regional plan update, AB1730. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Quintero. POLITICAL SUPPORT ADMIN INITIATIVES (102-4-1) 33. LETTER OF SUPPORT FOR THE SAN DIEOG ASSOCIATION OF GOVERNEMNTS (SANDAG) REGARDING ASSEMBLY BILL 1730. ACTION: Motion by Rios, seconded by Cano, to authorize the Mayor to sign a letter of support for SANDAG, on behalf of the City Council, regarding AB 1730. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Quintero. 12 41 of 306 Book 101 / Page 81 04-16-2019 C. REPORTS STAFF REPORTS Acting City Manager Steve Manganiello spoke on future grants and on -call project support needs; announced that a new Request for Qualifications (RFQ) for such services will be issued and that an outreach/information session will be scheduled to encourage more National City businesses to participate in the RFQ process. MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS Member Cano reported on various street light, grading and parking issues. Member Rios reminded everyone about the many events that will take place on Community Service Day, including EDCO Paper Shredding and E-Waste Recycling, and Prescription Drug Turn -In at the Police Department. She also announced that she will be speaking as Chair of Accessibilities for People with Disabilities, at a public MTS special media event rolling out their low floor trolleys and other improvements. Mayor Sotelo-Solis invited volunteers and students to participate in Community Service Day; reminded the public to attend the Budget Workshop on April 24th; thanked Deputy City Attorney Robby Contreras and Lieutenant Greg Seward for assisting her with the joint presentation on Cannabis (Item No. 4), and said she would like to have additional conversation at the next meeting regarding the need for an ad -hoc committee. CLOSED SESSION REPORT City Attorney Morris -Jones reported that there was nothing to report from the April 11 th Closed Session. ADJOURNMENT Motion by Morrison, seconded by Rios, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — May 7, 2019 - 6:00 p.m. - Council Chambers - National City, California. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Quintero. Special Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Budget Workshop - Wednesday - April 24, 2019 - 6:00 p.m. - Council Chambers - National City, California 13 42 of 306 ADJOURNMENT (cont.) The meeting closed at 10:02 p.m. Book 101 / Page 82 04-16-2019 City Clerk The foregoing minutes were approved at the Regular Meeting of November 5, 2019. Mayor CITY COUNCIL SUMMER LEGISLATIVE RECESS July 2, 2019 - City Council Meeting - Dispensed With July 16, 2019 - City Council Meeting - Dispensed With 14 43 of 306 Book 101 / Page 83 04-24-2019 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY BUDGET WORKSHOP / FISCAL YEAR 2020 BUDGET PRESENTATION April 24, 2019 The Special Meeting of the City Council of the City of National City was called to order at 6:06 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis. ROLL CALL Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Denham, Duong, Manganiello, Morris -Jones, Raulston, Roberts, Tellez, Vergara, Williams. Others present: City Treasurer Mitch Beauchamp PLEDGE OF ALLEGIANCE TO THE FLAG BY MEMBER QUINTERO INTRODUCTION Acting City Manager Steve Manganiello introduced the Budget team and NHA — Financial Advisors; gave opening remarks and an overview, and outlined the order of presentations that would be made by City Staff. PRESENTATIONS Staff Presentations were made by Deputy City Manager Brad Raulston, NHA — Financial Advisor Craig Hill, Economic Development Specialist Megan Gamwell, Finance Director Mark Roberts, Budget Analyst Yen Kelly, Acting City Engineer Roberto Yano, and Acting City Manager Steve Manganiello, on the below listed topics: • Review of CalPERS Pension Liabilities • Preliminary 10-Year Financial Forecast a. Historical Performance b. Forecast Scenarios • Economic Development • Fiscal Year 2020 Preliminary Budget a. General Fund Budget Summary b. Total Budget Summary c. Significant Budgetary Impacts d. Other Potential Impacts e. Capital Improvement Program • Next Steps NOTE: All presentation materials are attached as Exhibit "A". 15 44 of 306 Book 101 / Page 84 04-24-2019 PUBLIC COMMENTS ON PRELIMINARY BUDGET / SUGGESTIONS Janice Luna Reynoso, Mundo Gardens, spoke on homelessness/displacement in the community due to the high cost of living and unstable housing; said that she is a proponent of the "Housing First" initiative and asked consideration for more "green space" in the future. Eddie Perez, National City, asked for more youth community outreach; suggested keeping the youth recreation centers open during the City's furlough; and adding another van for use during field trips. Larry Emerson, Electric Vehicle Association, commended the Budget team for their presentation and shared information regarding the use of electric vehicles and cost saving measures. Joan Rincon, National City, offered suggestions and statistics regarding the Library's budget; asked that the proposed Library budget not be adopted pending consideration of a new staffing plan. Zachary Gomez, National City, thanked staff for the presentation; suggested investing in more electric vehicles, solar panels, rooftop vegetation and inquired about training funds for Boards and Commissions. Efrain lbarra, South County Economic Development (SCEDC), spoke on behalf of Cindy Gommper-Graves, explained the South County EDC Value Proposition and asked the City to consider the proposed increase in funding. CITY COUNCIL AND OTHER ELECTED OFFICIALS CLOSING COMMENTS AND DIRECTION Mayor Sotelo-Solis spoke in support of continuing a partnership with SCEDC. Member Rios spoke in support of the SCEDC partnership and strategic incentives and requested that the SDEDC monthly meeting schedule be forwarded to the City Council. Member Cano suggested that the SCEDC evaluate business permits and licensing without enforcement being involved and have City staff follow-up to help businesses be in compliance; applauded the idea of the traffic light implementation; said he would like to see crossover training between departments as a cost -saving measure and suggested a lowrider cruising fee. Member Quintero requested that the members of the dais have the opportunity to meet with the Budget team in a strategic planning session or retreat sometime in the near future. Vice Mayor Morrison spoke in support of the continued SCEDC partnership and the increase in funding; said that a cannabis study is needed to see what the realism is as a community and suggested that an incentive budget program in Maintenance and Operations (M&O) be implemented. 16 45 of 306 Book 101 / Page 85 04-24-2019 CITY COUNCIL AND OTHER ELECTED OFFICIALS CLOSING COMMENTS AND DIRECTION (cont.) Member Rios suggested that funds leftover can be used towards the deficit. In terms of the `Decision Items', she supports all recommendations: 1) $11,900,000 Funding for Pension, OPEB Trusts, and CIP; 2) $9,500 Additional Funding for SCEDC; and 3) $28,900 Cannabis Study. She requested to add public transportation to the objectives under strategic planning and suggested the phrase be to: "Support safe, reliable, accessible, convenient bus and light rail transportation by expanding public transportation options". City Treasurer Mitch Beauchamp said that there aren't enough big financial changes being made. He suggested looking at main things like Public Safety and said he supports holding a public Budget workshop with community dialogue giving more than a three - minute time slot to speak. City Clerk Michael Dalla requested that a vote be taken on the specific actions the City Council desires to take. Mayor Sotelo-Solis thanked Staff for the hard work done on the Budget presentation and materials provided. She said that she supports the `Decision Items'; requested to maintain and commit to the 2019 dollar amount for the City Council budget, as provided in the department breakdown on Page 6 and asked for a cost associated with keeping the recreation centers open during the two -week furlough. Motion by Sotelo-Solis, seconded by Rios, to approve Item Nos. 1 through 3, with the addition of the City Council budget maintaining to the 2019 levels. Substitute motion made by Morrison, to approve Item Nos. 1 through 3, and to come back with a dollar amount for the State of the City to be added to the City Council budget, except for the personnel costs and to come back with the information on the costs to keep the recreation centers open during furlough and what the need is for that; and to provide information on a budget incentive program. Motion died for lack of a second. Original motion carried by the following vote, to -wit: Ayes: Cano, Quentero, Rios, Sotelo- Solis. Nays: Morrison. Abstain: None. Absent: None. City Attorney Angil Morris -Jones stated for clarification, that the State of the City was paid out of donated monies put into the City's General Fund and that the State of the City is a cost benefiting the City and something that should be paid for by the General Fund. She advised to keep a dollar amount in the City Council budget whether there are donations put there or not. ADJOURNMENT Motion by Cano, seconded by Quintero, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, May 7, 2019 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. 17 46 of 306 ADJOURNMENT (cont.) The meeting closed at 9:21 p.m. Book 101 / Page 86 04-24-2019 City Clerk The foregoing minutes were approved at the Regular Meeting of November 5, 2019. Mayor Copies of the preliminary budget are available for public review at the following locations: • City Clerk's Office, 1st Floor, Civic Center (Located at 1243 National City Blvd., National City, CA 91950) • Information table outside Council Chambers, 2nd Floor, Civic Center • National City Public Library (Located 1401 National City Blvd., National City, CA 91950) • Online at: http://www.nationalcityca.gov 18 47 of 306 Book 101 / Page 87 04-24-2019 THIS PAGE IS LEFT INTENTIONALLY BLANK 19 48 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 49 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) accepting the work performed by Preman Roofing, Inc., for the City Hall Roof Replacement Project, CIP No. 18-08; 2) approving the final contract amount of $325,555.00; 3) ratifying the release of retention in the amount of $16,277.75; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) Please scroll down to view the backup material. 49 of 306 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 5, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City: 1) accepting the work performed by Preman Roofing, Inc., for the City Hall Roof Replacement Project, CIP No. 18-08; 2) approving the final contract amount of $325,555.00; 3) ratifying the release of retention in the amount of $16,277.75; and 4) authorizing the Mayor to sign the Notice of Completion for the project. PREPARED BY: Luca Zappiello, Assistant Civil Engineer PHONE: 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: 4/0 FINANCIAL STATEMENT: ACCOUNT NO. IN/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution accepting the work performed by Preman Roofing, Inc., for the City Hall Roof Replacement Project, CIP No. 18-08 and approving the final contract amount of $325,555.00. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution bU OT dUtil EXPLANATION The project consisted on the removal and disposal of existing roofing system and install new thermoplastic polyolefin (TPO) membrane roofing system on the building located at 1243 National City Blvd, National City, CA 91950. On May 17, 2018, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On May 18, 2018 and May 22, 2018, the bid solicitation was advertised in local newspapers. On May 31, 2018, six (6) bids were received electronically on PlanetBids by the 1:00 p.m. deadline. Bid results were available immediately after the 1:00 p.m. deadline. Preman Roofing, Inc., was the apparent lowest bidder with a total bid amount of $304,410.00 as the basis of award. On June 19, 2018, the City Council adopted Resolution No. 2018-98 awarding the contract to Preman Roofing, Inc., in the not -to -exceed amount of $304,410.00. The Notice to Proceed with construction was issued on July 10, 2018. Construction started on July 26, 2018 and was completed on January 18, 2019. However, after the completion of the construction, the project was unable to be closed out since Preman Roofing, Inc. took several months to complete the administrative paperwork. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders increased the contract by $21,145.00. This results in a 7% contract increase for a final contract balance of $325,555.00. As a result of satisfactory completion of the project, staff recommends that City Council, 1) accept the work of Preman Roofing, Inc., for the City Hall Roof Replacement Project, CIP No. 18-08; 2) approving the final contract amount of $325,555.00; 3) ratifying the release of retention in the amount of $16,277.75; and 4) authorizing the Mayor to sign the Notice of Completion for the project. The Notice of Completion will be filed with the San Diego County Recorder's Office. 51 of 306 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on January 18, 2019 of the: National City City Hall Roof Replacement, CIP No, 18-08 Work of improvement or portion of work of improvement under construction or alteration. 1243 National City Blvd National City CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with A Preman Roofing, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: Roofing Laborer. Materials: TPO membrane, insulation board, covered board., roofing supplies, fall protection control supplies. Equipment: Roofing equipment. General statement of kind of labor, services, equipment or materials The naives and addresses of co -owners are: N/A Dated: November 5, 2019; Joint tenants, tenants in common, or other owners Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on November 5, 2019 at, National City, California. Signature: Alejandra Sotelo-Solis, MAYOR No.09-0i 52 of 306 +� CALIFORNIA -4- NsTioNAL arry 2NCpRPORATED FINAL CONTRACT BALANCE DATE: 11/05/2019 PROJECT: National City City Hall Roof Replacement FY 18-19 CIP No. 18-08 TO: Preman Roofing 875 34th Street San Diego, CA, 92102 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: FINAL CONTRACT AMOUNT: DESCRIPTION: $304,410.00 July, 26, 2018 January 18, 2019 40 Working Days 80 Working Days 120 Working Days $325,555.00 The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order #1 removed and replaced the 4 existing lower roof drains of The City Hall Building with 4 new TPO roof drains that connect to the existing piping for proper drainage. This Change Order total amount is $4,800.00. Change Order #2 directed the contractor to repair the existing defective roof drain at City Library and install twenty (20) one way TPO vents to mitigate future moisture under the TPO membrane. This Change Order total amount was $7,262.00. Change Order #3 directed the contractor to remove and replace the corroded existing cap that houses the 4 existing weather heads with a new 24-gauge galvanized cap. This Change Order total amount was $300.00. Change Order #4 directed the contractor to provide 320 2'x3' TPO slip sheets to The City to furnish to Ameresco. The purpose of the slip sheets is to preserve the warranty of the new TPO roof system from any damage from the solar equipment. This Change Order total amount was $3,380.00. 53 of 306 FINAL CONTRACT BALANCE NATIONAL CITY CITY HALL ROOF REPLACEMENT CIP No. 18-08 Changer Order #5 directed the contractor to procure and install approximately 100 rubber conduit support blocks. Due to a separate contract with Ameresco and a change order that covered this scope of work, Change Order #5 was cancelled. This Change Order total amount was $00.00. Changer Order #6 directed the contractor to remove Change Order #3 work and extend the conduits above curb and install TPO boots with proper TPO flashing. The need for extending the conduits above curb is to allow access to the existing spare conduits for potential future use. This Change Order total amount was $740.00. Changer Order #7 directed the contractor to provide proper waterproofing and roofing membrane termination along the perimeter of both new mechanical penthouses installed by AMERESCO. This Change Order total amount was $2,388.00. Changer Order #8 directed the contractor to perform additional repairs to the library upper roof drains. This repair consisted of removal and replacement of 80 square feet of TPO roofing membrane. This Change Order total amount was $2,275.00. All Change Orders listed above increased the total contract amount $21,145..00. CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 1. The final contract price is adjusted to $325,555.00. 2. As a result of the satisfactory completion of said project, a retention amount of $16,277.75 is set for invoice processing and payment upon the receipt of signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Preman Roofing will not be entitled to damages or additional payment for delays as described in the 2012 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 54 of 306 CITY OF NATIONAL CITY City Hall Roof Replacement CIP 18-08 FINAL BILLING STATEMENT Original Contract To Date No. Item Unit Quantity Unit Price Amount Quantity Amount 1 Mobilization LS 1 $4,500.00 4,500.00 1 4,500.00 2 Remove and Replacement of Entire Roofing System LS 1 $299,910.00 299,910.00 1 299,910.00 BASE BID TOTALS: 304,410.00 - 304,410.00 Change Orders: 1 Removal and Installation of Roof Drains LS 1 $4,800.00 4,800.00 1 4,800.00 2 Installation of 20 One Way Vents LS 1 $7,262.00 7,262.00 1 7,262.00 3 24 Gauge Cap LS 1 $300.00 300 1 300 4 TPO Slip Sheets for The City to Provide Ameresco LS 1 $3,380.00 3,380.00 1 3,380.00 5 Rubber Conduit Support Blocks - CANCELLED LS - $0.00 - - - 6 Extend Spare Conduits Above Curb LS 1 $740.00 740 1 740 7 24 Gauge Counterflashing Around 2 Mechanical Penthouses LS 1 $2,388.00 2,388.00 1 2,388.00 8 Library Roof Drain Additional Repairs LS 1 $2,275.00 2,275.00 1 2,275.00 CHANGE ORDER TOTALS: 21,145.00 - 21,145.00 GRAND TOTAL BID (BASE BID+ALTERNATE BID+CHANGE ORDERS): 55 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 56 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) accepting the work performed by Portia() Concrete, Inc. for the Harbison Avenue Road Diet Project, CIP No. 18-17; 2) approving the final contract amount of $362,715.92; 3) authorizing the release of retention in the amount of $18,135.80; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) Please scroll down to view the backup material. 56 of 306 MEETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT November 5, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) accepting the work performed by Portillo Concrete, Inc. for the Harbison Avenue Road Diet Project, CIP No. 18-17; 2) approving the final con- tract amount of $362,715.92; 3) authorizing the release of retention in the amount of $18,135.80; and 4) authorizing the Mayor to sign the Notice of Completion for the project. PREPARED BY: Jose Lopez, PHONE: 619-336-4312 EXPLANATION: See attached. ., Associate Engineer DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: Categorical Exemption under CEQA Guidelines. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution accepting the work performed by Fortillo Concrete, Inc. for the Harbison Avenue Road Diet Project, CIP No. 18-17 and approving the final contract amount of $362,715.92. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution 57 of 306 EXPLANATION The Harbison Avenue Road Diet Project, CIP No. 18-17, included the following improve- ments on Harbison Avenue between Division Street and E. 4th Street: street resurfacing, traffic calming islands with enhanced signing and striping, Class III bike sharrows, and drainage improvements. On December 20, 2018, the bid solicitation was posted on PlanetBids, a free public elec- tronic bidding system for contractors. On December 26, 2018 and January 2, 2019, the bid solicitation was advertised in local newspapers. On January 17, 2019, four (4) bids were received by the 1:00 p.m. deadline, opened and publicly disclosed. Bid results were posted on the City website. Portillo Concrete, Inc. was the apparent lowest bidder with a total bid amount of $290,575.00. Upon review of all documents submitted, Portillo Concrete, Inc.'s bid was deemed responsive, and they were the lowest responsible bidder qualified to perform the work as described in the pro- ject specifications. On June 19, 2018, the City Council adopted Resolution No. 2019-20 awarding the contract to Portillo Concrete, Inc., in the not -to -exceed amount of $290,575.00. The Notice to Proceed with construction was issued on February 28, 2019. Construction started on March 13, 2019 and was completed on September 24, 2019. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders increased the contract by $53,528.82, and line item ad- justments increased the contract by $18,612.10 for a net increase of $72,140.92 to the con- tract. This results in a 24.8% contract increase for a final contract balance of $362,715.92. During construction, the project upgraded eight (8) pedestrian curb ramps that were not a part of the original scope to current ADA standards. Additionally, once the traffic calming islands were installed, and vehicles' paths were shifted to the parking lane as intended, it became apparent that the existing asphalt thickness in the parking lane was not adequate for the daily flow of traffic. As such, the asphalt thickness was increased to address the failing asphalt. As a result of satisfactory completion of the project, staff recommends that City Council, 1) accept the work of Portillo Concrete, Inc. for the Harbison Avenue Road Diet Project, CIP No. 18-17; 2) approve the final contract amount of $362,715.92; 3) authorize the release of reten- tion in the amount of $18,135.80; and 4) authorize the Mayor to sign the Notice of Completion for the project. The Notice of Completion will be filed with the San Diego County Recorder's Office. 58 of 306 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on September 25, 2019 of the: Harbison Avenue Road Diet Project CIP No. 18-17 Work of improvement or portion of work of improvement under construction or alteration. Harbison Avenue between Division St. and E. 4th St., National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Portillo Concrete, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: General labor, asphalt concrete lay. Materials: Concrete, asphalt, traffic control supplies, signing and striping and street lights. Equipment: Excavation and paving equipment, General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: November 5, 2019; Joint tenants, tenants in common, or other owners Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on November 5, 2019 at, National City, California. Signature: ALEJANDRA SOTELO-SOLIS, MAYOR 59 of 306 FINAL CONTRACT BALANCE DATE: September 30, 2019 PROJECT: Harbison Avenue Road Diet FY 18-19 CIP No. 18-17 TO: Portillo Concrete, Inc. 3527 Citrus St. Lemon Grove, CA 91945 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: WORKING DAYS SUSPENDED: TOTAL CONTRACT TIME: DESCRIPTION: $290,575.00 March 13, 2019 September 24, 2019 60 Working Days 11 Working Days 65 Working Days 136 Working Days The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order #1 directed the contractor to excavate additional locations to determine the depth and location of an unknown water and gas lines in conflict with the new catch basin construction. All worked was performed on a T&M basis. This Change Order total amount was $ 1,638.66. Change Order #2 directed the contractor to construct eight ADA ramps at various locations along Harbison at a unit cost of $4000.00 each. The unit price included removal of existing concrete and asphalt and all other work and materials needed is construct ADA compliant ramps per SDRSD at Harbison and Division, Harbison and 2nd, and Harbison and 4th. This Change Order total amount was $32,000.00. Change Order #3 directed the contractor to remove and replace sidewalk at various locations along Harbison at an agreed to unit price of $10 per square feet. A total of 256 SF of additional sidewalk was added to the project scope. The unit price included removal and replacement of existing concrete and all other work and materials needed to complete the sidewalk work directed. This Change Order total amount was $ 2,560.00. 60 of 306 FINAL CONTRACT BALANCE Harbison Avenue Road Diet Project CIP No. 18-17 Change Order #4 directed the contractor to apply for, purchase and obtain the two SDG&E Service Order permits on Harbison to energize the new street lights installed per contract. All worked was performed fora total lump sum price including the contractor's 5% mark-up. This Change Order total amount was $4,257.66. Change Order #5 directed the contractor to install approximately 330' of additional conduit for the revised street light locations and service points provided by SDG&E. The revised service points were necessitated by the revised plan design performed by SDG&E due to the relocated chicanes. This work includes all necessary materials and labor and was performed for a lump sum price including the contractor's 5% mark-up. This Change Order total amount was $10,762.50. Change Order #6 directed the contractor to install one additional pedestrian barricade at the southeast corner of 2nd and Harbison. The contractor was also directed to modify the two pedestrian mounts originally called out on the plans on the west side or Harbison and 2nd. All barricades were installed per Caltrans Std. ES-7Q Type I Detail C modified. All work was performed for a total lump sum price. This Change Order total amount was $2,310.00. All Change Orders listed above increased the total contract amount by $53,528.82. Line item adjustments per the attached FINAL BILLING STATEMENT resulted in an increase of $18,612.10. CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 1. The contract price with change order and line items is adjusted to $362,715.92. 2. As a result of the satisfactory completion of said project, a retention amount of $18,135.80 is set for invoice processing and payment upon the receipt of signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Portillo Concrete, Inc. will not be entitled to damages or additional payment for delays as described in the 2018 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 61 of 306 rn N O_ O O CITY OF NATIONAL CITY Harbison Road Diet C1P 18-17 FINAL BILLING STATEMENT 30-Sep-19 Original Contract Total To Date Delta ITEM NO. DESCRIPTEON UNITS CONTRACT QUANTITY UNIT PRICE AMOUNT TOTAL QUANTITY OR TO DATE TOTAL AMOUNT TO DATE 1 Mobilization/Demobilization LS 1 $4,000.00 $ 4,000.00 100% $ 4,000A0 - 2 Surveying and Construction Staking LS 1 $2,500.00 $ 2,500.00 100% $ 2,500.00 3 Signing and Striping LS 1 $22,000.00 $ 22,000.00 100% $ 22,000.00 - 4 Traffic Control and Pedestrian Control LS 1 $10,000.00 $ 10,000.00 100% $ 10,000.00 5 Clearing and Grubbing LS 1 $6,000.00 $ 6,000.00 100% $ 6,000.00 - 6 Water Pollution Control LS 1 $2,000.00 $ 2,000.00 100% $ 2,000.00 - 7 Remove Existing Curb and Gutter and Construct Curb and Gutter per SDRSD G-2 (Match Existing Curb Height) LF 55 $50.00 $ 2,750.00 51.50 $ 2,575.00 (175.00) 8 Construct 21' Curb Inlet Type 8-1 per SDRSD D-02 LS 1 $20,000.00 $ 20,000.00 100% $ 20,000.00 9 Construct Stamped Concrete SF 320 $15.00 $ 4,800.00 312.00 $ 4,680.00 (120.00) 10 Construct 3" Mountable Curb per Caltrans Standard Plans A87A LF 340 $25.00 $ 8,500.00 306.00 $ 7,650.00 (850.00) 11 Construct Asphalt Concrete Pavement TON 20 $250.00 $ 5,000.00 64.81 $ 16,202.50 11,202.50 12 Construct Class II Aggregate Base TON 30 $30.00 $ 900.00 75.27 $ 2,258.10 1,358.10 13 Stress -Relieving Fabric SF 1230 $2.50 $ 3,075.00 1222.00 $ 3,055.00 (20.00) 14 Construct Asphalt Concrete (1.5" Mill and Overlay) SY 5440 $20.00 $ 108,800.00 5464.00 $ 109,280.00 480.00 15 Pavement Rehabilitation Dig -Out LS 1 $40,000.00 $ 40,000.00 100% $ 40,000.00 - 16 Pavement Rehabilitation Dig -Out (Remove Concrete Subgrade) CY 10 $400.00 $ 4,000.00 20.15 $ 8,060.00 4,060.00 17 Lighting and Electrical LS 1 $43,000.00 $ 43,000.00 100% $ 43,000.00 - 18 Unclassified Excavation LS 1 $2,000.00 $ 2,000.00 100% $ 2,000.00 - 19 Removal, disposal and replacement of unsuitable material CY 25 $50.00 $ 1,250.00 78.53 $ 3,926.50 2,676.50 ITEM N0. DESCRIPTION UNITS CONTRACT QUANTITY UNIT PRICE AMOUNT TOTAL QUANTITY OR % TO DATE TOTAL AMOUNT TO DATE BASE BID TOTAL $ 290,575.00 $ 309,187.10 Change Orders 1 Utility Pothole T&M LS 1 $ 1,638.66 $ 1,638.66 1.00 $ 1,638.66 2 ADA Ramps EA 8 $ 4,000.00 $ 32,000.00 8.00 $ 32,000.00 3 Sidewalk R&R LS 1 $ 2,560.00 $ 2,560.00 1.00 $ 2,560.00 4 SDG&E 50 Permits LS 1 $ 4,257.66 $ 4,257.66 1.00 $ 4,257.66 5 SDG&E Service Relocations LS 1 $ 10,762.50 $ 10,762.50 1.00 $ 10,762.50 6 Pedestrian Barricade LS 1 $ 2,310.00 $ 2,310.00 1.00 $ 2,310.00 SUB TOTAL CHANGE ORDERS $ 53,528.82 $ 53,528.82 FINAL ADD/DEDUCT FINAL CONTRACT TOTAL it ,`,362;}7251a?in $ 18,612.10 CC/CDC-HA Agenda 11/5/2019 — Page 64 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Cooperative Agreement between the City of National City and San Diego Port Tenants Association, STC Traffic, Inc. and DENSO International America (FSM Team) for Access to City of National City Traffic Signal Data for Freight Signal Priority Pilot Project Demonstration (Engineering/Public Works) Please scroll down to view the backup material. 64 of 306 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 5, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Cooperative Agreement between the City of National City and San Diego Port Tenants Association, STC Traffic, Inc. and DENSO International America (FSM Team) for Access to City of National City Traffic Signal Data for Freight Signal Priority Pilot Project Demonstration. PREPARED BY: Luca Zappiello, Assistant Civil Engineer , PHONE: 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BYjc,, FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to execute the Cooperative Agreement between the City of National City and the FSP Team for Access to City Traffic Signal Data for Freight Signal Priority Pilot Project Demonstration. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Attachment A 3. Cooperative Agreement 4. Resolution 65 of 306 EXPLANATION On March 16, 2016, San Diego Port Tenants Association submitted the "Port of San Diego Sustainable Freight Demonstration Project" (GFO 15-604: Freight Transportation Projects at California Seaports) to the California Energy Commission (CEC). The project was awarded and is funded through the CEC's Alternative and Renewable Fuel and Vehicle Technology Program. The project includes a demonstration of Freight Signal Priority (FSP) — providing traffic signal priority for commercial vehicles in order to reduce stops, fuel consumption and related emissions, and to improve travel time reliability and traffic safety at intersections. In order to achieve the FSP project goals and success, the City of National City with the San Diego Port Tenants Association, STC Traffic, Inc. and DENSO International America (FSP Team) have proposed a FSP Pilot Project Demonstration (FSP Pilot Project) for corridor traffic signal operations beginning at Harbor Drive and Cesar E. Chavez Parkway and ending at Tidelands Avenue and Bay Marina Drive, as shown in Attachment A. In order to facilitate the FSP Pilot Project, a Cooperative Agreement must be signed with other public entities to allow for the collection and sharing of Real Time Traffic Signal Data and other related data. This Cooperative Agreement would allow the FSP Team to collaborate to develop strategies and systems for use in maximizing the efficiency of transportation end users and thus the overall capacity of existing transportation networks. The FSP Pilot Project will study potential to reduce emissions of air pollutants and greenhouse gas emissions from freight movement along Harbor Drive. The City Data, as defined in the Cooperative Agreement may be available to the FSP Team at no cost. Furthermore, City Data is not confidential and does not identify transportation end users. In addition, this Cooperative Agreement would allow the FSP Team to install physical equipment in the City's right-of-way that will allow the collection of Real Time Traffic Signal Data and other related data. It should be noted that physical equipment will be removed and relocated if necessary by the FSP Team at their sole expense at the City's discretion. By authorizing this Cooperative Agreement, the FSP Team would be permitted to obtain access to the Real Time Traffic Signal Data in exchange for providing related inventories, signal performance metrics, and other formatted data products, subject to the terms and conditions of the Cooperative Agreement. This will allow the FSP Team to use the data to improve freight operations through implementation of the FSP technology to improve 66 of 306 truck freight performance or efficiency and ride comfort for drivers or operators. Additionally, it would provide information to the driver or operator, monitor driving behaviors or apply automated features. 67 of 306 Attachment A Irnv En(A1. AVE • i HARBOR BAY Int# Intersection 1 Harbor Dr & Cesar E. Chavez Pkwy 2 Harbor Dr & Sampson St 3 Harbor Dr & Schley St 4 Harbor Dr & 28th St 5 Harbor Dr & Belt St 6 Harbor Dr & 32nd St 7 Harbor Dr & Vesta St 8 Harbor Dr & 8th St 9 Harbor Dr & Civic Center Dr 10 Tidelands Ave & 19th St 11 Tidelands Ave & Bay Marina Dr Legend • Study Area __ Dole Company Four Seasons Transfer Facility Port Terminals Existing Traffic Signal Jurisdiction 0 City of San Diego Caltrans District 11 National City NAIIONfL AV= OCEAN VIEWBLVO i ,iis S PN iONO - ii „Y•"�NAc• Tt INPE. WL AVE National City Marine Termina { ■ \l4. I+SI II �Y MAµ4p OR N� 68 of 306 COOPERATIVE AGREEMENT Authorization for FSP Team Access to City of National City Traffic Signal Data for Freight Signal Priority Pilot Project Demonstration This COOPRATI VE AGREEMENT ("Agreement") is entered into this November 5, 2019 between the CITY OF NATIONAL CITY, a municipal corporation, herein referred to as "City", and San Diego Port Tenants Association, a California corporation ("SDPTA"), STC Traffic, Inc., a California corporation ("STC") and DENSO International America, Inc., a Delaware corporation ("DENSO"), collectively referred to as "FSP Team". Both the City and FSP Team are each sometimes referred in the agreement as `Party" and both the City and FSP Team are sometimes referred in this Agreement together as "Parties". RECITALS WHEREAS, FSP Team has proposed a Freight Signal Priority (FSP) Pilot Project Demonstration for corridor traffic signal operations beginning at Harbor Drive and Cesar E. Chavez Parkway and ending at Tidelands Avenue and Bay Marina Drive as depicted in Attachment A. WHEREAS, the FSP Team intends to sign Cooperative Agreements with other public entities such as Caltrans, the City of San Diego, and the Port of San Diego to ensure the proper execution of the FSP Pilot Project as a whole; WHEREAS, the City's portion of the FSP Pilot Project will run along Harbor Drive from Northern City Limits to Bay Marina Drive in the National City; WHEREAS, FSP Team is collaborating to develop strategies and systems for use in maximizing the efficiency of transportation end users and thus the overall capacity of existing transportation networks; WHEREAS, The FSP Team is also coordinating the demonstration of the FSP Pilot Project with the San Diego Unified Port District to study potential to reduce emissions of air pollutants and greenhouse gas emissions from freight movement along Harbor Drive. WHEREAS, City collects Real Time Traffic Signal Data and other related data; WHEREAS, FSP Team's proposed demonstration will require access to CityData; WHEREAS, the City Data may be made available to FSP Team at no cost to City; WHEREAS, the City Data are not confidential, nor identify any transportation end user specifically in any manner; WHEREAS, FSP Team desires permission to obtain access to the Real Time Traffic Page 1 of 13 69 of 306 Signal Data for use in conjunction with its demonstration; WHEREAS, FSP Team agrees to provide related inventories, signal performance metrics, and other formatted data products in exchange for access to these Real Time Traffic Signal Data; WHEREAS, the City agrees to provide FSP Team with Real Time Traffic Data subject to the terms and conditions in this Agreement; NOW THEREFORE, FSP Team and the City agree as follows: Section 1. Definitions "City Data" means collectively, Real Time Traffic Signal Data, Traffic Signal Timing Plan, and any other data provided to FSP Team by City under this Agreement. "Real Time Traffic Signal Data" means signal status and states, demand status and states, and other information available from the traffic signal controller or City's central signal system or City's Advanced Traffic Management System (ATMS). "Traffic Signal Timing Data" means signal timing plans, as -built intersection design, traffic signal plans, signal control plans, or other documents that identify the time -of -day plans. "Product" means the data derived from the Real Time Traffic Signal data and Traffic Signal Timing Data. Section 2. Authorized Representatives For the City, _ ROBERTO YANO_ is designated by City as an authorized representative (City Agent). For the FSP Team, _ SHARON CLOWARD_ is designated by SDPTA as an authorized representative (SDPTA Agent). JASON STACK_ is designated by STC Traffic as an authorized representative (STC Agent). _ BRYAN WELLS_ is designated by FSP Team as an authorized representative (DENS O Agent). Section 3. Purpose and Scope FSP Team desires access to the Real Time Traffic Signal Data, to include signal status and states, demand status and states, and other information available from traffic signal controller or ATMS. In addition, FSP Team desires access to time of day signal timing parameters. FSP Team will use these data to improve freight operations through Page 2 of 13 70 of 306 implementing Freight Signal Priority (FSP) technology and demonstrate the benefits along Harbor Drive from Northern City Limits to Bay Marina Drive. The intended use of the Product is for connected vehicle applications to improve the truck freight performance or efficiency, improve ride comfort for driver or operator, provide information to the driver or operator, monitor driving behaviors, or apply to automated features. FSP Team shall limit its use of the derived Product for applications that do not violate local, state, or federal laws, or uses that will not be used in a manner to encourage undesirable driver behavior for the City. The Product is not permitted for traffic law enforcement. Section 4. Access of Traffic Signal Timing Data City hereby grants FSP Team access to Traffic Signal Timing Data. FSP Team will work with City Agent to obtain data in the most efficient and non -intrusive manner from City, which may include access to City central system or ATMS. FSP Team will be provided with access to this Traffic Signal Timing Data at no cost, except FSP Team will be responsible for any costs associated with making the data available. Before installation of the Equipment (defmed in Section 6 below), the FSP Team must also submit a proposed workplan or some other proposed schedule by which the FSP Team plans to deploy the Equipment (defmed in Section 6 below) throughout the City. FSP Team shall properly install any associated software necessary to generate the Traffic Signal Timing Data at no cost to the City. If the City elects to retain the Equipment, as described in Section 6, the FSP Team will forward to City all software licenses, credentials, and other information necessary for the continued operation of the Equipment. If the City so retains the Equipment, the Parties will meet and confer in good faith about whether the City can also assume the cost of continued operation of such software. City reserves the right to limit access to such data to what is reasonably necessary to accomplish FSP Team's FSP Pilot Project Demonstration. Section 5. Access of Real Time Traffic Signal Data City hereby grants FSP Team non-exclusive, non -transferable, non-sublicensable, limited, and royalty free access to obtain and utilize its Real Time Traffic Signal Data pursuant to the terms of this Agreement. FSP Team will be provided with access to this Real Time Signal Data at no cost, except FSP Team will be responsible for any costs associated with making the data available. FSP Team will be responsible for all vendor costs associated with City's ATMS vendor making system modifications to make the Real Time Signal Data available. FSP Team shall have the right to use the data in any manner it deems appropriate in furtherance of its business purposes, including without limitation providing the derivatives of the data and Product to third parties, subject to the terms of this Agreement. The City is subject to the Public Records Act and this Agreement is not intended to Page 3 of 13 71 of 306 impede or impair City's requirements or obligations under that Act. If City receives a request for a copy of any information or documentation which FSP Team has indicated, by written notice to City, FSP Team considers confidential and proprietary, City shall notify FSP Team so that so that FSP Team may, at FSP Team's sole cost and expense, seek relief from compliance with such request. City reserves the right to limit access to such data to what is reasonably necessary to accomplish FSP Team's technology demonstration. Section 6. Ownership of and Rights to Data & Equipment The City retains all rights to the raw data, or Real Time Traffic Signal Data, being provided to FSP Team from the City, and from Caltrans, the City of San Diego, and the Port of San Diego. FSP Team shall own all rights to Product and any formatted, predictive, or derivative data generated from the raw data. Notwithstanding this ownership, FSP Team shall not unreasonably withhold its consent for the City to use any raw, formatted, predictive, or derivative data the FSP Team receives across any portion of the entire FSP Pilot Project Demonstration pictured in Attachment A during and after the term of this Agreement. 6.1 At all times during the Tenn of this Agreement, the FSP Team must, at their sole expense: 6.1.1 temporarily disable, relocate, or remove (and later replace) any physical equipment attached to the City's traffic poles ("Equipment") in order to accommodate any City capital improvement project or other right-of-way work that may occur where the Equipment is located; 6.1.2 maintain all Equipment in good working order. 6.1.3 make all adjustments or modifications to the Equipment associated with data retrievals at no cost to the City throughout the term of Agreement. 6.2 City may require removal of the Equipment at any time during the Term of this Agreement. 6.3 Upon termination of this Agreement, the FSP Team must remove, at their sole cost, all Equipment. However, the City may relieve the FSP Team of these removal obligations if the City provides the FSP Team written notice before termination, or within 90 days after the Agreement terminates, accepting ownership of the Equipment. Section 7. Reporting FSP Team shall provide City with periodic reports of signal performance metrics, or Upon request of the City, as data become available. Section S. Indemnification FSP Team will indemnify, defend, save, and hold harmless the City and its elected Page 4 of 13 72 of 306 officials, officers, employees, agents, and volunteers from all liability, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, and claims, including but not limited to claims that arise from or relate to (i) a breach of FSP Team' representations and warranties, (ii) any personal injury, death or property damage caused by any alleged act, omission, error, fault, mistake or negligence of FSP Team, its employees, agents, or representatives in connection with or incident to FSP Team' performance under or related to this Agreement, and (iii) the infringement of any patent, copyright, trademark, trade secret or other proprietary right of any third party by FSP Team' use of the City Data provided under this Agreement. This indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, employees or volunteers. City will cooperate reasonably in the defense of any action, and FSP Team shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. Section 9. Employee Payments and Indemnification 9.1 Pers Eligibility Indemnification. If FSP Team's employee(s) providing services under this Agreement claim, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in 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. FSP Team'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 benefits; (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. FSP Team's employees hereby waive any claims to benefits or compensation described in this Section 9. This Section 9 applies to FSP Team notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 9.2 Limitation of City Liability. Any payment made to FSP Team under this Agreement shall be the full and complete compensation to which FSP Team and FSP Team's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither FSP Team nor FSP Team's officers, employees, agents, ad subcontractors are entitled to any salary or wage, or retirement, health, leave or other fringe benefits applicable to City employees. The City will not make any federal Page 5 of 13 73 of 306 or state tax withholding on behalf of FSP Team. The City shall not be required to pay any workers' compensation insurance on behalf of FSP Team. 9.3 Indemnification for employee Payment. FSP Team 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) FSP Team, (2) any employee of FSP Team, or (3) any employee of FSP Team 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. Section 10. Workers' Compensation The FSP Team shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the City and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the city or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the FSP Team under this Agreement. Section 11. Insurance The FSP Team, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractor(s), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ❑ If checked, Professional Liability Insurance (error 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 insured, 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 Page 6 of 13 74 of 306 that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of FSP Team's employees and employers; liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this agreement. E. The aforesaid policies shall constitute primary insurance as to the City, its officers, 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 FSP Team shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorizes to conduct business in California. that hold a current policy holder's alphabetic and financial size category rating of not less that 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" carries, they must include 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 FSP Team does not keep all insurance policies required by this Section 11 in full force and effect at all times during the term of this Agreement, the City may treat the failure to main 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 11, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the FSP Team maintain broader coverage or higher limits (or both) that the minimum limits shown above, the City shall be entitled to the broader coverage or higher limits (or both) maintained by the FSP Team. Any available insurance proceeds in excess of the specified minimum limits of the Page 7 of 13 75 of 306 insurance and coverages hall be available to the City. City makes no warranties concerning the quality or accuracy of the data provided under this Agreement. City does not warrant it will be able to continuously provide the data without interruption and expressly reserves the right to discontinue the data stream at any time. Notwithstanding anything to the contrary herein, City reserves the right to immediately discontinue the City Data stream without notice and at City discretion upon evidence of tampering or other unauthorized interference with the City Data. Except as expressly provided for herein, City makes no other representations or warranties. Section 13. Limitation of Liability Nothing in this Agreement excludes or limits either Party's liability for: (a) fraud or fraudulent misrepresentation; (b) breach of confidentiality; (c) indemnification obligations under Section 8(ii) or Section 8(iii) above; (d) claims for personal injury, including death, or damage to real property or tangible personal property arising from the negligence, reckless conduct or intentional acts of a Party, its officers, employees or agents; or (e) matters that cannot be excluded or limited under applicable law. Section 14. Term Unless terminated earlier in accordance with Section 15, this Agreement will begin on the latest date of the authorized agent signature (the "Effective Date") and continue for one (1) year. The Term Agreement may be extended by mutual agreement of all Parties in writing. Section 15. Termination Each Party shall have the right to terminate this Agreement by providing written notice to the other Party within thirty (30) days, unless identified otherwise in this Agreement. Section 16. Data Destruction Upon termination of this Agreement, FSP Team shall destroy all raw data whatever form or medium, including all copies thereof FSP Team shall destroy the data no later than thirty (30) days following termination of this Agreement. Section 17. 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, 1.720.3, 1720.4, and 1771, as amended. FSP Team 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. Section 18. Notices Absent notice to the contrary in writing, all communications to FSP Team shall be sent to: Page 8 of 13 76 of 306 San Diego Port Tenants Association 2390 Shelter Island Drive, Suite 210 San Diego, CA 92106 Attn: Sharon Cloward San Diego Unified Port District 3165 Pacific Highway San Diego, CA 92101 Attn: Philip Gibbons STC Traffic, Inc. 5865 Avenida Encinas, Suite 142-B Carlsbad, CA 92008 Attn: Jason Stack DENSO International America, Inc. San Diego Technical Center 2251 Rutherford Road, Suite 100 Carlsbad, CA 92008 Attn: Bryan Wells Absent notice to the contrary in writing, all communications to the City shall be sent to: 1243 National City Boulevard National City, CA 91950 Attn: Roberto Yano cc: City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 cmo@nationalcityca.gov or at any other address as any Party may, from time to time, designate by notice given in compliance with this Section. Section 19. Assignment Neither Party shall assign, transfer, subcontract, or delegate all or any part of this Agreement, or any interest therein, without the other Party's prior written consent, which shall not be unreasonably withheld. Section 20. Agreement Binding This Agreement shall be binding upon the successors of City Agent, FSP Team Agent, FSP Team, or City and assigns of the Parties hereto. Page 9 of 13 77 of 306 Section 21. Personal Liability Nothing in this Agreement may be construed to create any personal liability on the part of any officer or agent of either Party to this Agreement. Section 22. Choice of Law This Agreement shall be governed in all respects by and construed under 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. Section 23. Choice of Forum The Parties agree to institute any litigation concerning the enforcement or interpretation of the Agreement in either state or federal court in the County of San Diego, State of California. FSP Team hereby consents to the personal jurisdiction of these courts, waives any objection to venue in these courts, and waives any claim that either of these courts is an inconvenient forum. In no way may this section or any other term of this Agreement be construed as a waiver by the City of any form of defense or immunity, whether it is sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States, or otherwise, from any Claim or from the jurisdiction ofany court. Section 24. Waiver Any waiver of any breach of any condition or covenant herein contained to be kept and performed by either Party shall not be deemed or considered as a continuing waiver, and shall not operate to bar or prevent the non -breaching Party from declaring a default for any succeeding breach, either of the same condition or covenant or otherwise. Section 25. Severability If any terra (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect. Section 26. Interpretation of the Agreement The Parties acknowledge that each of the Parties have participated in the drafting of this Agreement. No Party shall be considered to be the drafter of this Agreement for the purposes of interpretation. Section 27. Parties in Interest Nothing herein shall be construed to be to the benefit of any third party, nor is it intended that any provision shall be for the benefit of any third party. Section 28. Force Majeure Neither Party will be liable for failure or delay in performance to the extent caused by circumstances beyond reasonable control. Page 10 of 13 78 of 306 Section 29. Entire Agreement This Agreement constitutes the entire agreement between the Parties. This Agreement supersedes all proposals and oral and written agreements between the Parties on this subject. No modifications, alterations, changes, or waiver to this Agreement or any of its terms shall be valid or binding unless accomplished by a written amendment signed by both Parties. The remainder of this page intentionally left blank. Page 11 of 13 79 of 306 IN WITNESS OF THIS, the Parties hereby execute this Agreement through their authorized representatives. CITY OF NATIONAL CITY, A. MUNICIPAL Authorized Signature Date COORPORATION FSP Team Authorized Signature Date Alejandra Sotelo-Solis Sharon Cloward Mayor President SDPTA APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Authorized Signature Date Jason Stack Roberto M. Contreras Deputy City Attorney President STC Traffic Inc. Authorized S ignature Date Bryan Wells Senior Manager Denso Page 12 of 13 80 of 306 Tenth Ave Marine Terminal nLzn..f.�p Attachment A .1APNErBr INPEBYL AVE av Q;\ Bo � qJ,� R NATIouu Av: 3T 1 • •P;�, MAIN Sr .40 • fft I� BEI,TAT-11. HARBOR BAY / �,� " Int# Intersection 1 Harbor Dr & Cesar E. Chavez Pkwy 2 Harbor Dr & Sampson St 3 Harbor Dr & Schley St 4 Harbor Dr&28thSt 6 Harbor Dr & Belt St 6 Harbor Dr & 32nd St 7 Harbor Dr& Vesta St 8 Harbor Dr & 8th St 9 Harbor Dr & Civic Center Dr 10 Tidelands Ave & 19th St 11 Tidelands Ave & Bay Marina Dr Legend Study Area Dole Company Four Seasons Transfer Facility Port Terminals Existing Traffic Signal Jurisdiction Ktl, City of San Diego Caltrans District 11 • National City a IMPERIAL AVE, (MEAN VIEW BLVD Aft 3�. cj }kj•.a' 6}J t- • ®..,,,. ••_:r •- ': ea a National City Marine Terminals ` it 09.0.n Page 13 of 13 81 of 306 82 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 83 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with sign in front of the residence located at 42 E. 5th Street (TSC No. 2019-10). (Engineering/Public Works) Please scroll down to view the backup material. 83 of 306 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 5, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with sign in front of the residence located at 42 E. 5th Street (TSC No. 2019-10). PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil („ i DEPARTMENT: Engineering/Public Works PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing installation of a blue curb disabled persons parking space with sign in front of the residence located at 42 E. 5th Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on September 11, 2019, the Traffic Safety Committee approved staff's recommendation to install a blue curb disabled persons parking space with sign in front of the residence located at 42 E. 5th Street. ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on September 11, 2019 (TSC No. 2019-10) 3. Resolution 84 of 306] EXPLANATION Mrs. Consuelo Vazquez, resident of 42 E. 5th Street, has requested a blue curb disabled persons parking space in front of her residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. Mrs. Vazquez stated that it is difficult for her to find parking in front of her property due to the high demand of parking in the area and that a disabled persons parking space in front of her house would provide easier access to the house. Staff visited the site and observed that Mrs. Vazquez's residence does not have a driveway or a garage. The slope on E. 5th Street was found to be negligible. The City Council has adopted a policy which is used to evaluate requests for disabled persons parking spaces. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. This item was presented to the Traffic Safety Committee on September 11, 2019. No one was in attendance to speak in support of the blue curb disabled persons parking space. Staff presented the results of the site evaluation and after discussion, the Traffic Safety Committee voted to approve staff's recommendation to install a blue curb disabled persons parking space with sign, since all three conditions of the City Council Disabled Persons Parking Policy for "Special Hardship" cases are met. The applicant was informed that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. If approved by City Council, all work will be performed by City Public Works 85 of 306 Location Map with Recommended Enhancements (TSC Item: 2019-10) Ct. PARKING ONLY R99 (CA) Existing blue curb disabled persons parking space at 117 E. 5th Street - 4 ifki) 5a1 PARKING ONLY R99 (CA) Existing blue curb disabled persons parking space at 108 E. 5th Street _z PARKING ONLY R99 (CA) Proposed blue curb disabled persons parking space E. St" Street 1n 09 (7) 0 0 CS) 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 11, 2019 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 42 E. 5TH STREET PREPARED BY: Carla Hutchinson, Assistant Engineer — Civil Engineering & Public Works Department DISCUSSION: Mrs. Consuelo Vazquez, resident of 42 E. 5th Street, has requested a blue curb disabled persons parking space in front of her residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. Mrs. Vazquez stated that it is difficult for her to find parking in front of her property due to the high demand of parking in the area and that a disabled persons parking space in front of her house would provide easier access to the house. Staff visited the site and observed that Mrs. Vazquez's residence does not have a driveway or a garage. The slope on E. 5th Street was found to be negligible. The City Council has adopted a policy which is used to evaluate requests for disabled persons parking spaces. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. It shall be noted that disabled persons parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. STAFF RECOMMENDATION: Since all three conditions of the City Council Disabled Persons Parking Policy for "Special Hardship" cases are met, staff recommends the installation of a blue curb disabled persons parking space with signage in front of the residence at 42 E. 5th Street. 87 of 306 REQUEST FOR BLUE CURB DISABLED PERSONS PARKING SPACE NAME OF DISABLED PERSON: CO fl S CMG G NAME OF REPRESENTATIVE FOR DISABLED PERSON (If different from above): EMAIL: PHONE NlJMB R: Please answer the following questions, which will assist Engineering staff, the Traffic Safety Committee; and your City Council In determining If you are qualified to have a blue curb disabled persons parking space placed in front of your residence. Please be informed that all blue curb parking spaces are considered public parking. Therefore, any registered vehicle In possession of a disabled persons placard or license plate Is legally allowed to pant In the blue.curb space for up to 72 continuous hours, 1) Do you possess a valid disabled person's-placard Issued by the Califon 1a Department of Motor Vehicles (DMI/)? DYES NO if YES, please Include a copy of the placard, which contains your name, ad ress, placard number, and expiration date. 2) Does your residence have a garage? EYES If YES, Is the garage large enough to park a vehicle OYES (minimum of 20' x 12') 3) Does your residence have a driveway? OYES If YES, a) Is the driveway large enough to park a vehicle? jYES (minimum of 20' x 12') . b) is the driveway level? c) Is the driveway sloped/inclined? 4) Please . rite any additional comments here (optional), ._. J r " hiald riYES YES • IYJNO NO .1.01.141 ENO l d Y, ' L .,' qt.'s" LA. is (''. tG1/ 88 of 306 TYPE: - DOB: k irali DEPARTMENT OF MOTOR -VEHICLES DISABLED PERSON PLACARD IDENTIFICATION CARD/RECEIPT A Public Seri;keAaertcy PLACARD NUMBER: EXPIRES: 06/30/2021 DATE ISSUED: This identification card or facsimile copy is to be carried by the placard owner. Present it to any puce officer upon demand. immediately notify DMV by mall of any change of address_ When parking, hang the placard from the rear view mirror, remove it from the mirror when driving. When your placard is properly displayed, you may park in or on: • Disabled person parking spaces (blue zones) Street metered zones without paying. . Green zones without restrictions to time limits. * Streets where preferential parking privileges are given to ents and merchants. TV: CO: ISSUED TO VAZQUEZ CONSUEL6 G 42 E 5T H ST NATIONAL CITY CA 9195Q Purchase of fuel (I3u4ness & Professions Code 13660): x State law requires service stations to refuel a disabled person's vehicle at self-service rates, except self-service facilities with only one cashier. OD 0 0) 0 rn You may not park in or on: , White or Tow Away Zones. arked spaces next to disabled person It is considered misuse to: and unless the disabled owner is being card which has been cancelled or revoked. placard to anyone, including family members. e is a misdemeanor (section 446111C) and can result in cancellation or revocation of the placard, loss of parking privileges, and/or fines. C2E Woo R(4J1O) September 3, 2019 Resident/Property Owner CALIFORNIA •-- NATI.ON1{ A/L C ; ' INCORPORA'1'R Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2019-10 REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED AT 42 E. 5th STREET Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, September 11, 2019, at 1:00 P.M. in the 2nd Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the above -referenced item. The City Hall is ADA compliance. Please note that there are two disabled persons parking spaces in front of City Hall on the east side of National City that provide direct access on the 2nd Floor of City Hall via a pedestrian bridge. If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2019-10. Sincerely, Stephen Manganiello City Engineer SM:ch Enclosure: Location Map 2019-10 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 90 of 306 Location Map with Recommended Enhancements (TSC Item: 2019-10) PARKING ONLY R99 (CA) Proposed blue curb disabled persons parking space 42 E. 5th Street fif PARKING ONLY R99 ;CA) Existing blue curb disabled persons parking space at 117 E. 5th Street PARKING 0 NLY R99 (CA) . Existing blue curb disabled persons parking space at 108 E. 5' Street t4f;'R` I (0 0 W 0 Location of proposed blue curb disabled persons parking space in front of 42 E. 5th Street (looking south) Location of proposed blue curb disabled persons parking space in front of 42 E. 5th Street (looking east) 92 of 306 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1, Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc, 2, Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners, Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. Employment offices for major enterprises employing more than 200 persons. 7. Public recreational facilities including municipal swimming pools, recreation hails, museums, etc. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 93 of 306 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair- with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 94 of 306 (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha:p 95 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 96 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of "Keep Clear" pavement markings on the westbound and eastbound travel lanes of W. 8th Street, in front of the ingress and egress driveway of the 8th Street Transit Center located on the north side of 8th Street, East of Harbor Drive (TSC No. 2019-11). (Engineering/Public Works) Please scroll down to view the backup material. 96 of 306 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 5, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of "Keep Clear" pavement markings on the westbound and eastbound travel lanes of W. 8th Street, in front of the ingress and egress driveway of the 8th Street Transit Center located on the north side of 8th Street, East of Harbor Drive (TSC No. 2019-11). PREPARED BY: Luca Zappiello, Assistant Engineer - Civil PHONE: 619-336-4388 al_ - EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution authorizing the installation of "Keep Clear" pavement markings on the westbound and eastbound travel lanes of W. 8th Street, in front of the ingress and egress driveway of the 8th Street Transit Center. BOARD / COMMISSION RECOMMENDATION: At their meeting on September 11, 2019, the Traffic Safety Committee approved staffs recommendation to install "Keep Clear" pavement markings in front of the ingress and egress driveway of the 8th Street Transit Center. ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on September 11, 2019 (TSC No. 2019-11) 3. Resolution 97 of 3061 EXPLANATION Mr. Armando Ruiz, project coordinator of the SANDAG projects, requested the installation of "Keep Clear" pavement marking on the westbound and eastbound travel lanes of W. 8th Street, in order to improve the ingress and egress for vehicles, including buses trying to exit the parking lot of the 8th Street Transit Center, located on the north side of E. 8th Street, east of Harbor Drive. Mr. Ruiz stated that SANDAG intends to add the "Keep ' Clear" pavement markings and signage in order to ensure that the westbound traffic on 8th Street directed to the military base does not block the vehicles and buses trying to exit the 8th Street Transit Center parking lot. Mr. Ruiz also confirmed that MTS agrees on the necessity of the proposed "Keep Clear" pavement markings. Staff confirmed that during morning peak periods, the traffic queuing does occur along the westbound lanes of W. 8th Street, east of Harbor Drive. Staff confirmed that the installation of the "Keep Clear" pavement markings on the westbound and eastbound travel lanes of W. 8th Street, in front of the ingress and egress driveway of the 8th Street Transit Center, would reduce the traffic congestion for the vehicles that are exiting and entering into the Transit Center parking lot. This item was presented to the Traffic Safety Committee on September 11, 2019. Ms. Armando Ruiz was in attendance and spoke in support of the item. Staff presented the results of the site evaluation to the Traffic Safety Committee and recommended the installation of "Keep Clear" pavement marking and "Do Not Block Driveway" signs for the westbound and eastbound travel lanes of W. 8th Street, in front of the ingress and egress driveway of the 8th Street Transit Center. After discussion, the Traffic Safety Committee voted unanimously to approve staff's recommendation. If approved by City Council all work will be performed by City Public Works. 98 of 306 Location Map with Proposed Enhancements (TSC Item: 2019-11) Proposed installation of "Keep Clear" pavement markings ITEM TITLE: NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 11, 2019 3 REQUEST TO INSTALL "KEEP CLEAR" PAVEMENT MARKINGS ON THE WESTBOUND AND EASTBOUND TRAVEL LANES OF W. 8TH STREET, IN FRONT OF THE INGRESS AND EGRESS DRIVEWAY OF THE 8TH STREET TRANSIT CENTER LOCATED ON THE NORTH SIDE OF 8TH STREET, EAST OF HARBOR DRIVE. PREPARED BY: Luca Zappiello, Assistant Engineer - Civil Engineering & Public Works Department DISCUSSION: Mr. Armando Ruiz, project coordinator of the SANDAG projects, requested on behalf of SANDAG, the installation of "Keep Clear" pavement marking on the westbound and eastbound travel lanes of W. 8th Street, in order to improve the ingress and egress for vehicles, including buses trying to exit the parking lot of the 8th Street Transit Center, located on the north side of E. 8th Street, east of Harbor Drive. Mr. Ruiz stated that SANDAG intends to add the "Keep Clear" pavement markings and signage in order to ensure that the westbound traffic on 8t" Street directed to the military base does not block the vehicles and buses trying to exit the 8th Street Transit Center parking lot. Mr. Ruiz also confirmed that MTS agrees on the necessity of the proposed "Keep Clear" pavement markings. Staff confirmed that during morning peak periods, the traffic queuing does occur along the westbound lanes of W. 8th Street, east of Harbor Drive. Staff confirmed that the installation of the "Keep Clear" pavement markings on the westbound and eastbound travel lanes of W 8th Street, in front of the ingress and egress driveway of the 8th Street Transit Center, would reduce the traffic congestion for the vehicles that are exiting and entering into the Transit Center parking lot. STAFF RECOMMENDATION: Staff recommends the installation of "Keep Clear" pavement marking on the westbound and eastbound travel lanes of W. 8th Street, in front of the ingress and egress driveway of the 8th Street Transit Center, in order to improve ingress and egress while reducing traffic congestion for the vehicles entering and exiting the 8th Street Transit Center parking lot. Staff also recommends installing "Do Not Block Driveway" signs for the westbound and eastbound travel lanes. EXHIBITS: 1. Public Request 2. Public Notice 3. Location Map 4. Photos 2019-11 100 of 306 -›= CALIFORNIA N,. llONAL Ci I'% a4.3,31 -. INCORPORATED PUBLIC REQUEST FORM Contact Information Name: Armando Ruiz Address: 1545 Hotel Circle South, Suite 185 Phone: Email: Request Information Location: Entrance of 8th Trolley Station Request: SANDAG intends to add "Keep Clear" pavement markings and signage in the new 8th Street Station traffic signalized intersection entrance to ensure traffic heading westbound on 8th Street towards the military base does not block the buses trying to exit the parking lot. Attachments: Yes No Description: Internal Use Only: Request Received By: J. Lopez Date: August 15, 2019 Received via: Counter/In-Person Assigned To: L' Zappiello Notes: b Telephone Email Fax Referral: 101 of 306 August 5, 2019 Resident/Property Owner CALIFORNfA NATIONAL fNCORPORA.r . Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2019-11 REQUEST TO INSTALL "KEEP CLEAR" PAVEMENT MARKINGS ON THE WESTBOUND AND EASTBOUND TRAVEL LANES OF W. 8TH STREET, IN FRONT OF THE INGRESS AND EGRESS DRIVEWAY OF THE 8TH STREET TRANSIT CENTER LOCATED ON THE NORTH SIDE OF 8TH STREET, EAST OF HARBOR DRIVE. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, September 11, 2019, at 1:00 P.M. in the 2nd Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the above -referenced item. The City Hall is ADA compliance. Please note that there are two disabled persons parking spaces in front of City Hall on the east side of National City that provide direct access to the 2nd Floor of City Hall via a pedestrian bridge. If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2019-11. Sincerely, Stephen Manganiello City Engineer SM:Iz 2019-11 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 102 of 306 Location Map with Proposed Enhancements (TSC Item: 2019-11) DO NOT BLOCK !YIEA'.irpOX Transit Center Parking Lot Ingress and Egress Driveway Proposed installation of "Keep Clear" pavement markings 8th Street Transit Center Location of proposed "Keep Clear" pavement marking and "Do Not Block Driveway" signs (looking northeast) Location of proposed "Keep Clear" pavement marking and "Do Not Block Driveway" signs (looking southwest) 104 of 306 CC/CDC-HA Agenda 11 /5/2019 — Page 105 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended August 31, 2019. Finance) Please scroll down to view the backup material. 105 of 306 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 5, 2019 AGENDA ITEM NO.: ITEM TITLE: Investment transactions for the month ended August 31, 2019. PREPARED BY: R.ay. Gt4€441, DEPARTMENT: Finance���� PHONE: 619-336-4346 APPROVED BY: ea.. Xa EXPLANATION: In accordance with California Government Code Section 53646 and Section XIIA of the City of National City's investment policy, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period. The attached listing reflects investment transactions of the City of National City's investment portfolio for the month ending August 31, 2019. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: W/ )a APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended August 31, 2019. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 106 of 306 City of National City Consolidated Account#10218 Transaction Ledger As of August 31, 2019 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 08/01/2019 60934N807 2,812.50 Federated Investors Govt Oblig Fund Inst. 1.000 1.98% 2,812.50 0.00 2,812.50 0.00 Purchase 08/01/2019 60934N807 450,000.00 Federated Investors Govt Oblig Fund 1.000 1.98% 450,000.00 0.00 450,000.00 0.00 Inst. Purchase 08/02/2019 60934N807 1,279.92 Federated Investors Govt Oblig Fund 1.000 1.98% 1,279.92 0.00 1,279.92 0.00 Inst. Purchase 08/07/2019 60934N807 9,187.50 Federated Investors Govt Oblig Fund 1.000 1.98% 9,187.50 0.00 9,187.50 0.00 Inst. Purchase 08/09/2019 60934N807 620,867.33 Federated Investors Govt Oblig Fund 1.000 1.98% 620,867.33 0.00 620,867.33 0.00 Inst. Purchase 08/13/2019 89114MXX0 600,000.00 Toronto Dominion Bank Yankee CD 100.360 2.05% 602,160.00 6,610.67 608,770.67 0.00 2.68% Due 3/16/2020 Purchase 08/14/2019 60934N807 2,992.50 Federated Investors Govt Oblig Fund 1.000 1.98% 2,992.50 0.00 2,992.50 0.00 Inst. Purchase 08/14/2019 60934N807 285,000.00 Federated Investors Govt Oblig Fund 1.000 1.98% 285,000.00 0.00 285,000.00 0.00 Inst. Purchase 08/15/2019 60934N807 280.25 Federated Investors Govt Oblig Fund 1.000 1.98% 280.25 0.00 280.25 0.00 Inst. Purchase 08/15/2019 60934N807 482.50 Federated Investors Govt Oblig Fund 1.000 1.98% 482.50 0.00 482.50 0.00 Inst. Purchase 08/15/2019 60934N807 33,240.29 Federated Investors Govt Oblig Fund 1.000 1.98% 33,240.29 0.00 33,240.29 0.00 Inst. Purchase 08/15/2019 60934N807 475.00 Federated Investors Govt Oblig Fund 1.000 1.98% 475.00 0.00 475.00 0.00 Inst. Purchase 08/15/2019 60934N807 25,113.45 Federated Investors Govt Oblig Fund 1.000 1.98% 25,113.45 0.00 25,113.45 0.00 Inst. Purchase 08/15/2019 60934N807 19,046.22 Federated Investors Govt Oblig Fund 1.000 1.98% 19,046.22 0.00 19,046.22 0.00 Inst. Purchase 08/15/2019 60934N807 209.08 Federated Investors Govt Oblig Fund 1.000 1.98% 209.08 0.00 209.08 0.00 Inst. Purchase 08/16/2019 60934N807 7,125.00 Federated Investors Govt Oblig Fund 1.000 1.98% 7,125.00 0.00 7,125.00 Inst. 0.00 Chandler Asset Management Page 9 Execution Time: 10/3/2019 107 of 306 City of National City Consolidated Account#10218 Transaction Ledger As of August 31, 2019 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 08/17/2019 60934N807 2,750.00 Federated Investors Govt Oblig Fund Inst. 1.000 1.98% 2,750.00 0.00 2,750.00 0.00 Purchase 08/18/2019 60934N807 3,368.75 Federated Investors Govt Oblig Fund Inst. 1.000 1.98% 3,368.75 0.00 3,368.75 0.00 Purchase 08/19/2019 60934N807 438.96 Federated Investors Govt Oblig Fund Inst. 1.000 1.98% 438.96 0.00 438.96 0.00 Purchase 08/19/2019 60934N807 309.38 Federated Investors Govt Oblig Fund Inst. 1.000 1.98% 309.38 0.00 309.38 0.00 Purchase 08/21/2019 60934N807 626.87 Federated Investors Govt Oblig Fund Inst. 1.000 1.98% 626.87 0.00 626.87 0.00 Purchase 08/27/2019 43815NAC8 100,000.00 HAROT 2019-3 A3 1.78% Due 8/15/2023 99.999 1.79% 99,999.17 0.00 99,999.17 0.00 Purchase 08/28/2019 084670BR8 400,000.00 Berkshire Hathaway Callable Note Cont 1/15/2023 2.75% Due 3/15/2023 103.017 1.83% 412,068.00 4,980.56 417,048.56 0.00 Purchase 08/31/2019 60934N807 12,468.75 Federated Investors Govt Oblig Fund Inst. 1.000 1.76% 12,468.75 0.00 12,468.75 0.00 Subtotal 2,578,074.25 2,592,301.42 11,591.23 2,603,892.65 0.00 Security 08/28/2019 90LAIF$00 Contribution 2,000,000.00 Local Agency Investment Fund State Pool 1.000 2,000,000.00 0.00 2,000,000.00 0.00 Security 08/31/2019 90SDCP$00 Contribution 32,204,000.00 County of San Diego Pooled Investment 1.000 Pool 32,204,000.00 0.00 32,204,000.00 0.00 Subtotal 34,204,000.00 34,204,000.00 0.00 34,204,000.00 0.00 TOTAL ACQUISITIONS 36,782,074.25 36,796,301.42 11,591.23 36,807,892.65 0.00 DISPOSITIONS Sale 08/13/2019 60934N807 608,770.67 Federated Investors Govt Oblig Fund Inst. 1.000 1.98% 608,770.67 0.00 608,770.67 0.00 Sale 08/27/2019 60934N807 99,999.17 Federated Investors Govt Oblig Fund Inst. 1.000 1.98% 99,999.17 0.00 99,999.17 0.00 Chandler Asset Management Page 10 Execution Time: 10/3/2019 108 of 306 City of National City Consolidated Account#10218 Transaction Ledger As of August 31, 2019 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Sale 08/28/2019 60934N807 417,048.56 Federated Investors Govt Oblig Fund Inst. 1.000 1.98% 417,048.56 0.00 417,048.56 0.00 Subtotal 1,125,818.40 1,125,818.40 0.00 1,125,818.40 0.00 Paydown 08/15/2019 02582JHE3 0.00 American Express Credit 2017-3 A 100.000 1.77% Due 11/15/2022 0.00 280.25 280.25 0.00 Paydown 08/15/2019 02587AAJ3 0.00 American Express Credit 2017-1 100.000 0.00 482.50 482.50 0.00 1.93% Due 9/15/2022 Paydown 08/15/2019 47788EAB4 32,574.06 John Deere Owner Trust 2018-B A2 100.000 32,574.06 666.23 33,240.29 1.34 2.83% Due 4/15/2021 Paydown 08/15/2019 47789JAB2 0.00 John Deere Owner Trust 2019-A A2 100.000 0.00 475.00 475.00 0.00 2.85% Due 12/15/2021 Paydown 08/15/2019 89237RAB4 25,078.67 Toyota Auto Receivable 2017-C A2A 100.000 25,078.67 34.78 25,113.45 0.24 1.58% Due 7/15/2020 Paydown 08/15/2019 89238BAB8 18,921.44 Toyota Auto Receivables Owner 2018-A 100.000 18,921.44 124.78 19,046.22 1.93 A2A 2.1% Due 10/15/2020 Paydown 08/15/2019 89238KAD4 0.00 Toyota Auto Receivables Owner 2017-D 100.000 0.00 209.08 209.08 0.00 A3 1.93% Due 1/18/2022 Paydown 08/19/2019 43814UAG4 0.00 Honda Auto Receivables 2018-2 A3 100.000 0.00 438.96 438.96 0.00 3.01% Due 5/18/2022 Paydown 08/19/2019 43814WAB1 0.00 HAROT 2019-1 A2 100.000 0.00 309.38 309.38 0.00 2.75% Due 9/20/2021 Paydown 08/21/2019 43815HAC1 0.00 Honda Auto Receivables Owner 2018-3 100.000 0.00 626.87 626.87 0.00 A3 2.95% Due 8/22/2022 Subtotal 76,574.17 76,574.17 3,647.83 80,222.00 3.51 Maturity 08/01/2019 3137EADK2 450,000.00 FHLMC Note 1.25% Due 8/1/2019 100.000 450,000.00 0.00 450,000.00 3,850.65 Maturity 08/09/2019 89113XP32 600,000.00 Toronto Dominion NY Yankee CD 100.000 600,000.00 20,867.33 620,867.33 -276.00 2.77% Due 8/9/2019 Chandler Asset Management Page 11 Execution Time: 10/3/2019 109 of 306 City of National City Consolidated Account#10218 Transaction Ledger As of August 31, 2019 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Maturity 08/14/2019 084670BL1 285,000.00 Berkshire Hathaway Note 2.1% Due 8/14/2019 100.000 285,000.00 0.00 285,000.00 -2,815.80 Subtotal 1,335,000.00 1,335,000.00 20,867.33 1,355,867.33 758.85 Security 08/05/2019 60934N807 2,235.48 Federated Investors Govt Oblig Fund 1.000 Withdrawal Inst. 2,235.48 0.00 2,235.48 0.00 Security 08/13/2019 90LAIF$00 37,000,000.00 Local Agency Investment Fund State 1.000 Withdrawal Pool 37,000,000.00 0.00 37,000,000.00 0.00 Subtotal 37,002,235.48 37,002,235.48 0.00 37,002,235.48 0.00 TOTAL DISPOSITIONS 39,539,628.05 39,539,628.05 24,515.16 39,564,143.21 762.36 OTHER TRANSACTIONS Interest 08/01/2019 3137EADK2 450,000.00 FHLMC Note 1.25% Due 8/1/2019 Interest 08/07/2019 06406RAA5 400,000.00 Bank of NY Mellon Corp Callable Note Cont 1/7/2022 2.6% Due 2/7/2022 Interest Interest 0.000 0.000 2,812.50 0.00 5,200.00 0.00 08/07/2019 40428HPV8 290,000.00 HSBC USA Inc Note 0.000 3,987.50 2.75% Due 8/7/2020 08/14/2019 084670BL1 285,000.00 Berkshire Hathaway Note 0.000 2,992.50 2.1% Due 8/14/2019 Interest 08/16/2019 3137EAEL9 600,000.00 FHLMC Note 0.000 7,125.00 2.375% Due 2/16/2021 Interest 08/17/2019 3135G0N82 440,000.00 FNMA Note 0.000 2,750.00 1.25% Due 8/17/2021 Interest 08/18/2019 3130A7CV5 490,000.00 FHLB Note 0.000 3,368.75 1.375% Due 2/18/2021 Interest 08/31/2019 912828J50 600,000.00 US Treasury Note 0.000 4,125.00 1.375% Due 2/29/2020 0.00 0.00 2,812.50 0.00 5,200.00 0.00 3,987.50 0.00 2,992.50 0.00 0.00 7,125.00 0.00 0.00 2,750.00 0.00 0.00 3,368.75 0.00 0.00 4,125.00 0.00 Interest 08/31/2019 912828L24 450,000.00 US Treasury Note 1.875% Due 8/31/2022 0.000 4,218.75 0.00 4,218.75 0.00 Chandler Asset Management Page 12 Execution Time: 10/3/2019 110 of 306 City of National City Consolidated Account#10218 Transaction Ledger As of August 31, 2019 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Interest 08/31/2019 912828L32 600,000.00 US Treasury Note 1.375% Due 8/31/2020 0.000 4,125.00 0.00 4,125.00 0.00 Subtotal 4,605,000.00 40,705.00 0.00 40,705.00 0.00 Dividend 08/02/2019 60934N807 783,789.19 Federated Investors Govt Oblig Fund 0.000 1,279.92 0.00 1,279.92 0.00 Inst. Subtotal 783,789.19 1,279.92 0.00 1,279.92 0.00 TOTAL OTHER TRANSACTIONS 5,388,789.19 41,984.92 0.00 41,984.92 0.00 Chandler Asset Management Page 13 Execution Time: 10/3/2019 111 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 112 The following page(s) contain the backup material for Agenda Item: Warrant Register #12 for the period of 9/11/19 through 9/17/19 in the amount of $687,040.03. (Finance) Please scroll down to view the backup material. 112 of 306 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 5, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #12 for the period of 9/11/19 through 9/17/19 in the amount of $687,040.03. (Finance) PREPARED BY: Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 EXPLANATION: DEPARTMENT: Finance APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 9/11/19 - 9/17/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Forests Service 344093 92,783.60 Reimbursement for Overbilling FY19 Whillock Contracting 344162 205,629.99 Paradise Creek Park Adminsure Inc 989988 78,029.67 W/C Account Replenishment Aug 19 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $687,040.03. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $687,040.03 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 12 113 of 306 1r/ CALIFORNIA PAYEE QUINTERO, G ACME SAFETY & SUPPLY CORP AETNA BEHAVIORAL HEALTH ALLSTATE SECURITY SERVICES INC ALTA LANGUAGE SERVICES INC AMAZON ARJIS AT&T AT&T BAKER & TAYLOR BALLARDO, D BROADWAY AUTO GLASS CASAS, LAURA CDWG CHEN RYAN ASSOCIATES INC COAST INDUSTRIAL SYSTEMS INC COUNTY OF SAN DIEGO COX COMMUNICATIONS CV VENTURES LLC DANIELS TIRE SERVICE DELL MARKETING L P D-MAX ENGINEERING INC EATON, PATRICIA EXOS COMMUNITY SERVICES LLC FIRE ETC FLORES, R FOREST SERVICE GEORGE H WATERS NUTRITION CTR GEOSYNTEC CONSULTANTS INC GONZALEZ, B GOVCONNECTION INC GOVERNMENT TRAINING AGENCY GOVERNMENT TRAINING AGENCY GROSSMAN PSYCHOLOGICAL GUTIERREZ JR, C HD SUPPLY CONSTRUCTION AND HINDERLITER DE LLAMAS HMS CONSTRUCTION INC IRON MOUNTAIN J GARDNER & ASSOCIATES LLC KIRE BUILDERS INC LASER SAVER INC LEFORT'S SMALL ENGINE REPAIR LEXIPOL LLC LIBERTY MFG INC LOPEZ, TERESA YOLANDA METEAU JR, R METRO AUTO PARTS DISTRIBUTOR NATIONAL CiTir -N OR ED WARRANT REGISTER # 12 9/17/2019 DESCRIPTION REIMBURSEMENT SADDLE FOR BANDIT HOSE EMPLOYEE ASSISTANCE PROGRAM SEP 2019 SECURITY SERVICES JULY 2019 - LIBRARY LISTENING & SPEAKING TEST AUG 12, 2019 BOOKS FOR LIBRARY AS NEEDED FOR FY20 CONTRIBUTION FOR GRAFFITI TRACKER FY20 AT&T SBC ANNUAL PHONE SERVICE FOR FY20 AT&T SBC ANNUAL PHONE SERVICE FOR FY20 BOOKS FOR LIBRARY AS NEEDED FOR FY20 TRAINING AVD POST SUB LA / MOTOR BALLAR 2015 FORD 2 DOOR WINDSHIELD GREEN TINT INTERPRETATION SVCS 08/20/19 - 09/03/19 FUJITSU FI-7160 DOCUMENT SCANNER, MFG NATIONAL CITY SSARP SVCS THRU MAR 30, 20 KIT REPAIR PUMPS PARTS & LABOR AUG 2019 NEXTGEN REGIONAL COMMUNICATIONS SYSTEM COX DATA VIDEO SERVICES FY20 FAIR SHARE CONTRIB 1ST AND 2ND QTR 2019 TIRES FOR CITY FLEET FOR FY 2020 EQUALOGIC PS61 UPGRADES AND EXTENSIONS T&A90219 MARINER'S LANDING COUNCIL MEETING TRANSLATION 08/20/19 PROGRAM MANAGEMENT FEES JUL 2019 ROOF HOOKS REIMBURSMENT / MEMBERSHIP REIMBURSEMENT FOR OVERBILLING FY2019 NEIGHBORHOOD COUNCIL BREAKFAST-09/14/19 VALLEY ROAD CHANNEL IMPROV MAY 2019 MILEAGE REIMBURSEMENT FOR TRAINING FOR B HP MFP 586F ENTERPRISE COLOR MFP PRINTER CCMA FY2020 ANNUAL FEE - AUG 2019 TRAINING TUITION RECORDS SUPRVSR CAMARGO PRE EMPLOYMENT PSYCH EXAM EDUCATIONAL REIMBURSEMENT LG MICROMAX COVERALLS JUL 2019 CONTRACT & AUDIT SVCS SALES TAX 3RD QTR HIGHLAND AVE TRAFFIC SIGNAL STORAGE SERVICES JUL - AUG 2019 BADGE STICKERS T&A90057 SHERLY LANE MOP 45725 TONER CARTRIDGE - COMM SVCS MOP 80702 AUTO SUPPLIES - PW JUNE SERVICE RANGE SERVICE RUBBER TRAP REMOVAL INTERPRETATION SERVICES SEP 03, 2019 MEMBERSHIP & REGISTRATION AUG 25,28, 2019 MOP 75943 AUTO SUPPLIES - PW CHK NO 344067 344068 344069 344070 344071 344072 344073 344074 344075 344076 344077 344078 344079 344080 344081 344082 344083 344084 344085 344086 344087 344088 344089 344090 344091 344092 344093 344094 344095 344096 344097 344098 344099 344100 344101 344102 344103 344104 344105 344106 344107 344108 344109 344110 344111 344112 344113 344114 DATE 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 AMOUNT 152.56 222.94 1,034.62 6,468.15 48.00 833.25 2,449.81 939.72 80.42 1,187.10 2,221.17 195.90 200.00 1,027.97 10,996.85 1,014.16 8,749.50 985.94 9,472.59 1,055.58 6,134.76 249.01 200.00 47,826.76 370.66 65.00 92,783.60 2,550.00 2,438.50 15.20 3,038.54 750.00 517.00 3,900.00 3,500.00 107.96 10,696.26 36,812.50 213.21 1,159.25 2,388.44 59.76 19.58 604.50 5,003.00 160.00 1,708.38 86.94 1/3 114 of 306 1r/ CALIFORNIA PAYEE MIDWEST TAPE MILLAN, JORGE NAPA AUTO PARTS NGUYEN, L OFFICE SOLUTIONS BUSINESS OFFICE TEAM O'REILLY AUTO PARTS PLUMBERS DEPOT INC POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY RADY CHILDREN'S HOSPITAL SAN D RAMOS VERDUGO, ELIZABETH RODRIGUEZ, J SAFARILAND, LLC SAN DIEGO COUNTY ASSESSOR SAN DIEGO HOUSING FEDERATION SAN DIEGO MIRAMAR COLLEGE SAN DIEGO POLICE EQUIPMENT SDG&E SHARP ELECTRONICS CORPORATION SITEONE LANDSCAPE SUPPLY LLC SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIF TRUCK STOP SPOK INC STARTECH COMPUTERS SUN BADGE COMPANY INC SUPERIOR READY MIX SWAGIT PRODUCTION LLC SWANK MOTION PICTURES INC SWEETWATER AUTHORITY T MAN TRAFFIC SUPPLY THE COUNSELING TEAM THE LEW EDWARDS GROUP THE SHOPPER INC THE STAR NEWS T'S & SIGNS TURF STAR INC U S BANCORP SERVICE CENTER INC U S BANK UNITED ROTARY BRUSH CORP VERIZON WIRELESS VISTA PAINT VULCAN MATERIALS COMPANY WESTFLEX INDUSTRIAL WETMORES WHILLOCK CONTRACTING NATIONAL CiTr -N OR ED WARRANT REGISTER # 12 9/17/2019 DESCRIPTION AUDIO VISUAL MATERIALS FOR LIBRARY T&A90399 2407 E. 19TH ST. MOP 45735 AUTO SUPPLIES - PW TRAINING AVD LDG MOTR INSTR/NGUYEN MOP 83778, FIRE CHARGES TEMPORARY SERVICES W/E 08/16/19 - NSD MOP 75877 AUTO SUPPLIES - PW TOOLS FOR SEWER MAINTENANCE APR 2019 MOP 67839 GENERAL SUPPLIES - PW MOP 45707 GENERAL SUPPLIES - PW PSG TEMPORARY HEALP W/E SEP 01, 2019 MOP 45742 LAUNDRY SERVICES - PW SEXUAL ABUSE EXAMS T&A90102 1805 E. 17TH ST. PERFORMER FOR VOLUNTEER DINNER REPAIR TO MICROPHONE COUNTY RECORDS AUG 2019 - NSD CONFERENCE / HOUSING TRAINING TUITION CPT/ROT / POLICE BALLISTIC VEST / POLICE / CODY GAS AND ELECTRIC UTILITIES FOR FACILITIES MAINTENANCE 20 SHARP COPIERS FOR FY20 MOP 69277 LANDSCAPE SUPPLIES - PW CITE BOOKS / POLICE MOP 45758 GENERAL AUTO SUPPLIES - PW METROCALL PAGING FOR FY20 COMPUTER ACCESSORIES / MIS SILTONE BADGE/SLIMLINE CASE - CITY COUNCIL ROADWAY MATERIALS AUG 13, 2019 SWAGIT WEBCASTING FOR FY20 PROMOTIONAL ACTIVITIES SEP 07, 2019 WATER BILL FOR PARKS DIVISION FY 2020 MOP 76666 TRAFFIC SUPPLIES - PW EMPLOYEE SUPPORT SERVICES PROFESSIONAL SERVICES RENDERED AUGUST 19 ZENITH PAC LOCKS (100 PCS) DVD - LIBRARY ADVERTISING NOTICES AUG 23, 2019 30 X 60 PRINT ONE COLOR LOGO ON BOTTOM AUTOMOTIVE PARTS AUG 13, 2019 CREDIT CARD EXPENSES / POLICE TRAINING CREDIT CARD TUITIONS STREET SWEEPER REPAIRS AND MAINTENANCE VERIZON CELLULAR SERVICES FOR FY20 MOP 68834 GENERAL SUPPLIES - PW FINANCE CHARGE AMOUNT MOP 63850 GENERAL SUPPLIES - PW MOP 80333 AUTO SUPPLIES - PW PARADISE CREEK PARK CHK NO 344115 344116 344117 344118 344119 344120 344121 344122 344123 344124 344125 344126 344127 344128 344129 344130 344131 344132 344133 344134 344135 344136 344137 344138 344139 344140 344141 344142 344143 344144 344145 344146 344147 344148 344149 344150 344151 344152 344153 344154 344155 344156 344157 344158 344159 344160 344161 344162 DATE 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 9/17/19 AMOUNT 1,520.94 530.04 195.85 1,322.34 37.49 2,250.40 40.20 424.49 283.75 118.05 1,827.00 403.96 2,941.00 108.48 280.00 84.22 2.15 500.00 46.00 890.67 31,279.98 4,655.05 300.53 1,444.45 97.71 3.98 1,033.13 148.57 406.22 1,920.83 435.00 3,397.01 787.64 1,600.00 3,500.00 599.98 205.01 4,856.78 588.95 1,080.65 7,353.95 796.07 12,183.49 2,103.46 78.42 133.43 124.06 205,629.99 2/3 115 of 306 1/✓ CALIFORNIA NATIONAL CITir -N R ED WARRANT REGISTER # 12 9/17/2019 PAYEE DESCRIPTION CHK NO DATE AMOUNT WILLY'S ELECTRONIC SUPPLY ELECTRONIC SUPPLIES 344163 9/17/19 15.92 YEMHA, DIANA T&A90250 314 S. HARBISON 344164 9/17/19 100.00 WIRED PAYMENTS PAYCHEX BENEFIT TECH INC ADMINSURE INC ARCO BUSINESS SOLUTIONS BENETRAC ESR SVCS BASE FEE SEP 2019 W/C ACCOUNT REPLENISHMENT AUG 2019 FUEL FOR CITY FLEET AUGUST 2019 A/P Total 573,362.33 239876 9/12/19 532.40 989988 9/12/19 78,029.67 989991 9/12/19 35,115.63 GRAND TOTAL $ 687,040.03 3/3 116 of 306 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR MONA RIOS, COUNCIL MEMBER JERRY CANO, COUNCIL MEMBER GONZALO QUINTERO, COUNCIL MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 5th OF NOVEMBER, 2019. AYES NAYS ABSENT 117 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 118 The following page(s) contain the backup material for Agenda Item: Warrant Register #13 for the period of 9/18/19 through 9/24/19 in the amount of $1,911,165.10. (Finance) Please scroll down to view the backup material. 118 of 306 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 5, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #13 for the period of 9/18/19 through 9/24/19 in the amount of $1,911,165.10. (Finance) PREPARED BY: Karla Apalategui, Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 9/18/19 - 9/24/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Health Net Inc 344192 86,038.20 Group R1192A — September 2019 Kimley Horn 344197 50,574.34 Safe Route to School Project SDG&E 344215 96,421.63 Gas & Electric Utilites Public Emp Ret System 9192019 257,053.67 Service Period 8/27/19 — 9/9/19 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,911,165.10. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $1,911,165.10 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 13 119 of 306 1r/ CALIFORNIA PAYEE ALDEMCO ALL FRESH PRODUCTS ALL THE KINGS FLAGS ALLSTAR FIRE EQUIPMENT INC ASSI SECURITY INC BOOT WORLD CLF WAREHOUSE INC COMMERCIAL AQUATIC SERVICE INC CONTRERAS COUNTY OF SAN DIEGO COUNTYWIDE MECHANICAL SYSTEMS CWEA MEMBERSHIP DELTA DENTAL DELTA DENTAL INSURANCE CO DISCOUNT SIGNS & BANNERS D-MAX ENGINEERING INC ENTENMANN ROVIN CO EXPRESS PIPE AND SUPPLY FERGUSON ENTERPRISES 1350 FIRE ETC FLEET SERVICES INC FORDYCE CONSTRUCTION INC GEOSYNTEC CONSULTANTS INC GRAINGER HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HEALTH NET INC HEALTH NET INC HOME DEPOT CREDIT SERVICES JANI-KING OF CALIFORNIA INC KIMLEY HORN L N CURTIS & SONS MANGUM, N MES CALIFORNIA MHZ COMMUNICATIONS ENT NATIONAL CITY AUTO TRIM NATIONAL CITY ELECTRIC NATIONAL CITY MOTORCYCLES NERI LANDSCAPE ARCHITECTURE NFPA FULFILLMENT CENTER OLIVER PRODUCTS PADRE JANITORIAL SUPPLIES PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY SAM'S ALIGNMENT NATIONAL CiTr -N OR ED WARRANT REGISTER # 13 9/24/2019 DESCRIPTION FOOD SUPPLIES - NUTRITION FOOD SUPPLIES - NUTRITION R&M BUILDINGS & STRUCTURES AUG 28, 2019 TURNOUTS DOOR SECURITY SERVICES AUG 29, 2019 MOP 64096 SAFETY WEARING APPAREL - PW MOP 80331 AUTO SUPPLIES - PW CHEMICAL PROD DELIVERED SEP 03, 2019 MEETINGS MIL REIMB FEB,MAY,JUL,& AUG 2019 2333 EUCLID AVENUE LABOR & TRUCK CHARGE - EQUIPMENT PRC#T2235 / WORKSHOP OCT 23, 2019 GROUP 05-0908600000 SEPTEMBER 2019 GROUP 05-7029600000 SEPTEMBER 2019 HELMET DECALS CALFIRE URBAN FOREST EXP. FIRE CHIEF BADGE PLUMBING PARTS AND MATERIALS TOOL MOP 45723 GENERAL SUPPLIES - PW HELMETS, GOGGLES / FIRE DEPT MOP 67804 AUTO SUPPLIES - PW EL TOYON PARK RECREATION CENTER JOES POCKETS MOP 65179 GENERAL SUPPLIES - PW GROUP R1192Q SEPTEMBER 2019 GROUP N7177A SEPTEMBER 2019 GROUP N7176F SEPTEMBER 2019 GROUP R1192A - SEPTEMBER 2019 GROUP 57135A SEPTEMBER 2019 GROUP 57135M SEPTEMBER 2019 GENERAL SUPPLIES NEEDED FOR BUILDING CONTRACT SERVICES SEP 2019 - NUTRITION SAFE ROUTE TO SCHOOL PROJECT WILDLAND COATS FEDERAL CIVIL SEM PARKING REIMB AUG 2019 FOAM CONCENTRATE LI-ON PORTABLE BATTERIES MOP 72441, FIRE CHARGE TROUBLESHOOTING OF ELECRICAL SYSTEM SERVICE AND REPAIR FOR EMERGENCY PARADISE CREEK ED. PARK NFPA FIRE CODES SUBSCRIPTION FY20 CONSUMABLE SUPPLIES - NUTRITION CONSUMABLE SUPPLIES - NUTRITION MOP 45707 GENERAL SUPPLIES - PW TEMPORARY HELP W/E SEP 15, 2019 MOP 45742 LAUNDRY SERVICES - PW WHEEL ALIGNMENT SERVICE FOR CITY 1/2 CHK NO 344165 344166 344167 344168 344169 344170 344171 344172 344173 344174 344175 344176 344177 344178 344179 344180 344181 344182 344183 344184 344185 344186 344187 344188 344189 344190 344191 344192 344193 344194 344195 344196 344197 344198 344199 344200 344201 344202 344203 344204 344205 344206 344207 344208 344209 344210 344211 344212 DATE 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 9/24/19 AMOUNT 7,696.98 969.85 724.13 5,107.86 435.00 241.89 225.18 1,185.14 88.16 646.00 2,925.14 100.00 15,277.03 2,715.24 131.46 905.00 169.71 1,965.55 198.82 3,284.25 113.71 40,302.80 2,494.15 320.68 1,969.92 1,860.36 1,598.46 86,038.20 2,504.30 1,252.16 71.66 1,313.40 50,574.34 13,906.73 31.00 2,228.62 959.32 380.63 700.00 483.51 8,170.00 1,575.00 2,084.17 215.88 3,462.93 2,394.00 698.16 472.00 120 of 306 1r/ CALIFORNIA PAYEE SAN DIEGO GAS & ELECTRIC SDG&E SEAPORT MEAT COMPANY SIEMENS INDUSTRY INC SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SNAP -ON INDUSTRIAL SOUTHERN CALIF TRUCK STOP SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC T MAN TRAFFIC SUPPLY TARGET SPECIALTY PRODUCTS TERMINIX INTERNATIONAL TOPECO PRODUCTS U S BANK UNDERGROUND SERVICE ALERT VALLEY INDUSTRIAL SPECIALTIES VISION SERVICE PLAN VORTEX INDUSTRIES INC VULCAN MATERIALS COMPANY WAXIE SANITARY SUPPLY WEST COAST ARBORISTS INC WETMORES WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 20 9/10/2019 NATIONAL CiTir -N OR ED WARRANT REGISTER # 13 9/24/2019 DESCRIPTION GAS & ELECTRIC UTILITIES - NUTRITION GAS AND ELECTRIC UTILITIES FOOD SUPPLIES - NUTRITION ADDITIONAL FIRE AND SECURITY ALARM MOP 69277 LANDSCAPE SUPPLIES - PW MOP 45756, FIRE CHARGES ITEM BAB037231 OFFICE CABINETRY MOP 45758 GENERAL AUTO SUPPLIES - PW ROADWAY MATERIALS AUG 28, 2019 WATER BILL FOR STREETS AND WASTEWATER FOOD SUPPLIES - NUTRITION MOP 76666 TRAFFIC SUPPLIES - PW PRC#T2236 TURF & ORNAMENTAL FIELD DAY PEST CONTROL AUG 26, 2019 MOP 63849 GENERAL SUPPLIES - PW US BANCORP CREDIT CARD STMT AUG 2019 NATO1 NEW TICKET CHARGES MOP 46453 BUILDING SUPPLIES - PW SEP 2019 VISION SERVICE PLAN REPAIRS ROLLING STEEL DOOR AUG 29, 2019 ENVIRONMENTAL FEE AGG & ASPHALT MISCELLANEOUS JANITORIAL SUPPLIES - PW ARBORIST SERV. - CALFIRE GRANT P2 MOP 80333 AUTO SUPPLIES - PW MOP 45763 ELECTRIC SUPPLIES - PW SERVICE PERIOD 08/27/19 - 09/09/19 End Date 9/23/2019 Check Date 10/2/2019 CHK NO DATE AMOUNT 344214 9/24/19 301.92 344215 9/24/19 96,421.63 344216 9/24/19 973.70 344217 9/24/19 815.00 344218 9/24/19 1,332.60 344219 9/24/19 225.61 344220 9/24/19 9,990.39 344221 9/24/19 304.99 344222 9/24/19 2,444.59 344223 9/24/19 355.96 344224 9/24/19 4,382.77 344225 9/24/19 463.67 344226 9/24/19 276.00 344227 9/24/19 60.00 344228 9/24/19 20.67 344229 9/24/19 1,064.51 344230 9/24/19 446.61 344231 9/24/19 2,284.67 344232 9/24/19 846.43 344233 9/24/19 1,435.00 344234 9/24/19 585.22 344235 9/24/19 2,999.09 344236 9/24/19 33,880.00 344237 9/24/19 49.22 344238 9/24/19 48.86 A/P Total 435,177.59 9192019 9/19/19 257,053.67 1,218,933.84 GRAND TOTAL $ 1,911,165.10 2/2 121 of 306 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR MONA RIOS, COUNCIL MEMBER JERRY CANO, COUNCIL MEMBER GONZALO QUINTERO, COUNCIL MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 5th OF NOVEMBER, 2019. AYES NAYS ABSENT 122 of 306 CC/CDC-HA Agenda 11 /5/2019 — Page 123 The following page(s) contain the backup material for Agenda Item: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending National City Municipal Code Title 13, Section 13.18, pertaining to street trees; and a Public Hearing and the Introduction of the Urban Forest Management Plan. (Engineering/Public Works) Please scroll down to view the backup material. 123 of 306 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 5, 2019 AGENDA ITEM NO. ITEM TITLE: A Public Hearing and the Introduction of an Ordinance of the City Council of the City of National City amending National City Municipal Code Title 13, Section 13.18, pertaining to street trees; and a Public Hearing and the Introduction of the Urban Forest Management Plan. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce Ordinance of the City Council of the City of National City amending National City Municipal Code Title 13, Section 13.18, regarding street trees and the introduction of the Urban Forest Management Plan. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Urban Forest Management Plan (on file with the Office of the City Engineer) 3. Presentation 4. Ordinance 124 of 3061 Explanation In 2015, the City of National City was awarded an Urban & Community Forestry (UCF) Greenhouse Gas Reduction Fund grant in the amount of $276,685 through the California Department of Forestry and Fire Protection (CAL FIRE) to develop an Urban Forest Management Plan (UFMP) for National City. The scope of work included conducting a Geographic Information System (GIS)-based City tree inventory estimated at 10,000 trees, creating a National City Urban Forest webpage, and providing a web -based tree maintenance scheduling system. These project components have been completed. An additional requirement of the UFC grant is to update the City's Tree Ordinance (City of National City Municipal Code Section 13.18), based on the results presented in the UFMP developed as part of this grant. The UFMP reflects the goals and objectives of National City (the City) and provides a "road map" for managing the forest and provides a strategic plan that identifies issues, needs, and opportunities throughout the City. This plan evaluates the current condition of National City's urban forest, discusses its benefits, explores and addresses public needs and concerns, establishes urban forest goals and objectives, and outlines a set of actions to manage the urban forest and meet those goals. To address the needs of the urban forest, concerns of the community, and the identified management opportunities, the following overarching goals were developed: • Optimize and Sustain the City's Urban forest for maximum economic, environmental, and societal benefits. • Enhance community understanding of trees, their importance and the variety of tree benefits and their individual and collective importance in tree care and urban forestry health. • Enhance the City's urban forestry program so that it employs existing policies and procedures in a comprehensive management approach with oversight by a dedicated urban forester The ordinance will encourage and provide direction for preserving and enhancing the existing tree canopy, improving tree quality and health, and increasing the number of trees through implementing sound and sustainable urban forest management practices and planning policies, as described in the UFMP. The update of the City's tree protection ordinance also aligns with the General Plan's urban forestry goals and policies and enhances the urban forest's protection and sustainability. The City's effort to update the street tree ordinance and public awareness through inventorying the urban forest and creation of the UFMP, will help in maximizing the benefits of trees and the urban forest, including the following: offsetting carbon emissions, conserving energy through strategic shade tree planting, reducing Stormwater runoff through canopy interception, assisting with water quality and erosion control, beautifying the City, and improving air quality and calming neighborhoods, among others. 125 of 306 On October 7, 2019, Dudek, the consultant for this grant provided an informative presentation to the Planning Commission regarding this grant, the UFMP, and the proposed street tree ordinance. The proposed action to adopt the Urban Forest Management Plan and amendments to the National City Municipal Code Section 13.18, are attached. 126 of 306 co 0 co '-'-0 r•-• c\J ,—, J.inFi 3>IIIAI CINV ONVI:11511V>1 SIUHD AB CI31N3S38d UFMUP Partners * CALIFORNIA 04 0 NAL Mir URBAN CORPS SAN DIEGO COUNTY LPpE4TRY 8 FIRE Pp` RE SINCE 11 S 444.I CO 0 CO 0 N ULDi 5 I a.s 80 AD!lod oue SeDg3aad luawa38uEv\ luawaleis uoIssIW Due uo!S!/\ LO siijauaE uegan s5uiaav\ /CiiunwwoJ /CanafS DUG n d 90 SO 1saaoj uNan s,/1D leuopeN zuEid IuGWa3eueA �saao� uegan leYM 170 EO Z0 LO Me!AJeAQ 130 of 306 131 of 306 1 32 of 306 National City's Uroan Forest 9,397 City -managed trees Comprised of: • 8,013 parkway trees • 1,125 park trees • 259 median trees Includes 191 individual species ft F7:10 J jt »fr r t � �w. s, 9 Ct tah,*�'ta , _. —."...-..*..."..:1. ..:..•--...-:;.,-;.1:-1,-1•-7...I ,;.I.e..i.1; ._.. ; t _ • tom...._ b s 1 Hirt W.,r ... .. •_. 3. 4 !1Y' ..J'•.,.-.• . EStI. St a• ]0 T. . _ .1 to Sa - 4 ir • ,� ~1 . L. 1 7,,,..., , ,thSr � Cis r, ,'' �yt ti• ,rwr S1r ,. :,.lJ,o .:I: • [ lelli S�. ©"r �'t ll+ 11 •. :1 r., • 1 E v I�a�r.n�.wu. H•,.......c._.w, DUDEK N N W� " - 44)Sr 4h,1 v;e . Pv t w w 0 w 0 rn S9IDOCS 09-11 [61, • isaiod ueqin asianKi lleay .di!ei. JO poob ui aq oii punoi saw; aqljo %s•E6 • Tsaioj ueqin AqiieaH SS ,91 JO J,91,9LIJelp Ui SNDLIi si lswoj jo %6•06 • saioj ueq.An 6unoA iBMISTO Ur pan Forest Benefits CLEANER AIR 100 trees remove 53 tons of carbon dioxide and 430 pounds of other air pollutants per year. REDUCES URBAN HEAT ISLAND EFFECT Shaded surfaces may be 20T-45°F cooler than the peak temperatures of unshaded materials. CAPTURES RAINWATER 100 mature trees can capture rC and store about 139,000 gallons 00 of rainwater per year. Q INCREASES BUSINESS Shoppers will spend 9% to 12% more for goods and services in business districts having high -quality tree canopy. GREEN ECONOMY In 2009, urban forestry supported 60,067 jobs in California. resulting in $3.3 billion in income. ods -- r Nks NAN IMPROVES PUBLIC HEALTH People living in polluted urban areas are far less likely to be admitted to hospitals with asthma when there are lots of trees in their neighborhood. 0 COMBATS CLIMATE CHANGE By reducing energy demand and absorbing carbon dioxide, trees and vegetation decrease the production and negative effects of air pollution and greenhouse gas emissions. SAVES ENERGY Strategically placed shade trees can help save up to 56% on annual air-conditioning costs. CLEANER WATER A medium -sired tree intercepts up to 2,300 gallons of stormwater runoff per year. IMPROVES MENTAL HEALTH People living in neighborhoods with less than 10 percent tree canopy are much more hkely to report symptoms of depression, stress, and anxiety. Uroan Forest 3enefits . The City's trees store roughly 3,543.71 pounds of air pollutants, valued at $155,823. The City's trees store a total of 5,031 tons of carbon and sequester approximately 4 tons of carbon per year. The City's trees reduce annual energy costs by $70,639 per year. • The appraised structural value of the City's trees is estimated at $28 million. • Approximately 32.2 million gallons of rainfall are intercepted by the City's urban forest each year for a benefit of $7,761. • Value added by tree aesthetics is approximately $843,535 per year. I S CO2 ABSORPTION /C) THROUGH 1°7.OSYN-c\A'‘Cs� Aiks ..r z � W 0 W 0 0 1 : • 1., Management Practices Overview • The City allocates approximately S224,000 annually for the tree maintenance budcet = S23.80/tree. • The City aerforms tree maintenance on a 2.5-year c rid cycle. • The City's Park Department currently performs most tree pruning activities. • The City is planting 1,700 trees that are ceinc funced throuch a grant. • The City routinely inspects anc sidewalks, streets, and curbs c by tree roots. sik repairs amaged GRID-1 F0IMIYY Tall AM. 2015 GRID-2 M6Y 7W10 Jutr 2015 GRID-5 Amur: trwu 0cr0.6. 2016 GRID-4 NOvnl... Thu JAR. 2515-16 GRID-5 FnmrnMr nem A. Arno. 2016 GRID-6 Nnv ?mu Juvr 2016 GRID-7 A701r1 'M.V WV., 2016 GRID-6 Navuuu!.:lau JAR 2016-17 GRID-9 F0JFu.MY 7M.0 NMIL 2017 GRID-10 Nnr YWW J1.11.7 2017 NATIONAL CITY TREE TRIMMING GRID SCHEDULE W 0 0 i [i • SIC 0oD .sag!Hin Jijgnd pue 'se uesinu Hgnd `uoi]paload aan 'sIeiaaiew lueld '3uiuueid • 6u!depspup1 .suo4igiuoad 'sluawagnbaa aueualu!2W 'sluaWa l!nbaa 1!uaaad • 6uIdLDspuIi , efv aed put saaij laaao.s •saDuesinu Dilgnd pue 'aaueua.uiew pue bupueid M.O.d 'sTtuawaainbaa aaueualuiev\ • aDut2ue1uiaw adeDspue1 •uoipaToad pue 'aDueualuuuw aia� 'saaa� sassa.ippe apop Ied! !unw AID ec !JiunA i_uauaar5eue n saaal @pegs bupu2ld salouaoad • saaal >!Jewpue] pue abemaH saui4aG • algissod aanaaNM 'aDup4iubis �o sa9a1 uonualaa au1 saainbej • aIq!sea4 aaauM'sbu!lutId To! bui>!aed pue saaal 10ai s aleaodaoDu! sluawdoIanap Mau leLp. saansu] • .alq!sea4 's4Jaroad paWWw-/lDD (pm uopunruo3 ui saaal Mau 5uilue1d slsabbns :s1.46H46!H "mid iwauao ueld Iaaaua9 luaaanD — Aprd luauaaOeue A 0 co -0 c\J ,7r I 171314S "Lir= • j 041111 01 3P1111_;,`E., • • • 143 of 306 @JED a52,1aA -anogE palaaloui %0 @JED 052.lOA2 MOIac 3aleDlaul %E-17 a leD e6eJanE palepi Dui (yoLs • aJ Meun @JaM %61, .101DE,11.uOD aut aDu2ua.uiPw awl aaa sey A119 au1 a�12M2 %L8 • e1,3aui2TuTua Jo JOI 3aa2D 5uiac AiluaJJfl eie sees s,A10 au1_ >lug no/C op MOH 's (sIenowaJ awl auiaaeaa.a anew aae suo!sDaa Moy `JopalluoD aJueualuI W A�D) saail s,A1D auk e5euew OIIM jjels 3a1_2J!3a3 sey AID aL] Mou> no/C oa _luoD) A J n S J H H c .17 nd ■ T nj O 4� 4J di c6 Ui O O c --- �' 4J t (1) o _c M P m +J c > O 4-� t� 0 U CO z O M 0 o 0 m .- _ SE E 0_ LO N 145 of 306 1 46 of 306 imp -zoom uo4Dalas aan. luap!sae] • bu!JaaeM • suopEDol bunueld • Amenb a!d • suaaDuo) .LLO? '6L pu2 'EL 's l!add uo papualle GJann sbu!.aav\ AiJunwwoj pooLpogy olaN • 9LOz /In[ pJeo9 AJos!npy ao!uas pue `uopeWJad 's>laed • :papnpu! s6ui1.aaW /CT.iunWWo) :s1.46! q6!H 6uQQ.aaw s5u4aaA /l.iunwwo-D e co 0 r) 0 w E•• iI *Avgleni' s,A1D aUT saDuequa pug ssauisnc slDeall.e laul lasse lliunwuaoD pug 'leDiu,ouoDa 'ieluauauoainua 'lequassa ue se Isaaoj uecan auk sabeueua AlD ieuoile\ •luauauoainua aiaLp. pug aldoad ol sIijauaq Aueua sapinoao lsaaoj uegan aneuielsns pug 'asaani3 '/(up.leau d luawajels ugs!A residents anc 150 of 306 (SD0 0 aalswo4. uecin Oa1.P.Di3a3 Ac 1h{5IsJano y]!M peoJcde luau.a5eueua anisupaacuaoD e ui sainpaoic oue sapiioc 5uilsixa sAoicwa os we 5oic uecin s,kio auT aDuPLIu] • uecan Due 9,E0 awl ui aDUPLIOCWI anipa oD aue lenainiaui »pul Due sli4auac awl to k IJ�n aLI1 Due 'aDU JOCW1 'saan 4o 5uiauelsaaun /lpnwwo aDueyu] • s�i�auac le10PP0s auE ' eluauauoainua `Divaou0D9 wnWixew Joj Isalo4 uecJn s,IClip au] uielsns Due az4i4.cQ sieop Di5alea1S ueid luauaabeue A 1sao j uEC Jn anized under three Tree resources 153 of 306 UFfV P Strategic Planninc — Tree Resources Goals 1. Optimize Tree Age Distribution 2. Increase Canopy Cover 3. Increased Urban Forest Benefits Optimized Species Diversification 5. Water- and Drought -related Management 6. Pest Management 7. Hardscape Conflict Resolution Ott ective TR-1: Optimize Tree Age Distribution Rationale Tree age distribution in urban forests is important to consider because it relates directly to maintenance and management costs, now and in the future, and it relates to the value of benefits realized. Further. tree age distribution can affect vulnerability to pests and disease and the potential for large-scale tree loss. Mana • ement Actions Achievement Milestone (5 year increments) 1. 2. 3 4. 5. Plant vacant spaces over the next 5 years and establish 1.700 additional trees. Enhance and preserve historical and culturally significant trees Provide superior tree care to maintain existing trees so they can progress to maturity Plan and budget for increased removals as middle age trees mature and senesce. Actively monitor/track age distribution and make adjustments as necessary through planting program Incremental improvement 2017 2052 Milestone 2053-2057 or sooner; ongoing UFMP Stratecic Planninc Participation 1. Increase Public Awareness 2. Increase Public Outreach and Communications — Community Awareness anc 3. Re -activation of the City Street Tree Committee 4. Development of Urban Forestry Webpage on City's Website Objective CAP-1: Increased public awareness of the Benefits Provided by Trees Rationale Public involvement is critical to the development of a sustainable urban forest, especially when tree mainte- nance by citizens is relied on (such as 2. for watering). The private tree population far outnumbers the public 3. trees and helping to educate citizens has an exponential positive impact on the collective urban forest. iiiiiiii Mana • anent Actions 4. Provide on -going education about the urban forest through workshops, e-mails, social media, and community events. Develop and expand volunteer opportunities in the Urban forest. Continue to encourage citizens to care for their own street trees. Develop and distribute more infor- mation regarding proper care of trees through available free resources Attain Tree City USA Recognition, Achievement Milestone 2017-2022; ongoing cn cn o_ 0 rn UFMP Strategic Planning — 1. UFMP Implementation 2. Re -activation of the City Street Tree Committee 3. Secure Alternative Funding Objective Rationale Management anc Policy 4. Train and Inform Forestry Staff 5. Update Tree Species Selection List 6. Revise and Update Street Tree Protection Ordinance Mana • ement Actions Achievement Milestone MP-4: Trained and informed Urban Forestry Staff with Individual Urban Forester Milestone begins 2018 Milestone Achievement 2023-2027 Urban forests are complex, valuable, 1. and ever -changing City assets. Managing urban forests. like any City asset, requires specialists who remain up to date on the latest industry standards. Having a full-time urban forester provides cohesiveness and consistency for tree management and policy interpretation. 2. 3. Utilize consultants and contractors to provide specific urban forestry expertise, as needed Have multiple public work staff members obtain ISA Arborist certifi. cations. Plan for a full time urban forester position E 0 u E 0 -0 u D 75 cC5 c 4- v) - - Z E V 2 w U w N s Ln E. 0 a) CY 157 of 306 CC/CDC-HA Agenda 11 /5/2019 — Page 158 The following page(s) contain the backup material for Agenda Item: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Section 18.12.160 (Historic Properties) of Title 18 (Zoning) of the National City Municipal Code. (Applicant City -Initiated) (Case File 2019-23 A) (Planning) Please scroll down to view the backup material. 158 of 306 CITY OF NATIONAL CITY, CALIFORNIA MEETING DATE: November 5, 2019 AGENDA ITEIJi NC. ITEM TITLE: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Section 18.12.160 (Historic Properties) of Title 18 (Zoning) of the National City Municipal Code. (Applicant City -Initiated) (Case File 2019-23 A) PREPARED BY. Martin Reeder, AICP DEPARTMENT: Planning Division PHONE: 619-336-4313 APPROVED BY: EXPLANATION: Chapter 18.12.160 of the Land Use Code makes specific reference to the National City Historic Society ("the Society"). While the Society is an important resource in the City for information on applications for historic designation and demolition of historic structures, it is not the only resource. This has led to confusion with regard to prioritizing comments or recommendations. In order to avoid the appearance of favoring one organization or resource over another, staff suggests removing the term "National City Historical Society" from chapter 18.12.160. The Planning Commission held a public hearing on the proposed amendments and recommended denial of the changes as contained in the attached proposed Code changes. The attached background report describes the project in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: X FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Staff recommended adoption of the amendment to the Planning Commission. BOARD / COMMISSION RECOiiJIINENDATION: The Planning Commission recommended denial of the Land Use Code amendment. Ayes: Natividad, Flores, Sendt, Yamane, DelaPaz Noes: Garcia Absent: Baca ATTACHMENTS: 1. Background report 2. Findings 3. Proposed Code changes Finance MIS 4. Public Hearing Notice 5. Planning Commission Resolution 2019-19 6. Ordinance 159 of 30E BACKGROUND REPORT Staff Recommendation Staff recommends that the City Council adopt the amendment to section 18.12.160. However, the Planning Commission held a public hearing on the proposed amendments and recommended denial of the changes as contained in the attached proposed Code changes. The reason for denial was that the National City Historical Society was an important resource for the City and should continue to be specifically referenced in the National City Municipal Code. Overview Chapter 18.12.160 of the Land Use Code makes specific reference to the National City Historic Society ("the Society"). While the Society is an important resource in the City for information on applications for historic designation and demolition of historic structures, it is not the only resource. This has led to confusion with regard to prioritizing comments or recommendations. Proposed Changes In order to avoid the appearance of favoring one organization or resource over another, staff suggests removing the term "National City Historical Society" from chapter 18.12.160. Staff will still be able to solicit comments and recommendations from the Society, as well as other resources (e.g. National City Library History Room staff, State Historic Preservation Office, Save Our Heritage Organization, etc.). Staff will refer to the National Register Criteria for Evaluation, which is published by the National Park Service, Office of Historic Preservation. The standards can be used for evaluation of both state and nationally -significant structures. Criteria generally focus on the quality of significance in local history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: A. that are associated with events that have made a significant contribution to the broad patterns of our history; or B. that are associated with the lives of persons significant in our past; or C. that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or, ATTACHMENT 1 1 160 of 306 D. that have yielded, or may be likely to yield, information important to prehistory or history. A strikethrough/underline version of the changes are attached to this staff report. Findings There are two findings required for approval of a Code Amendment, one related to General Plan consistency and one related to compliance with the California Environmental Quality Act (CEQA). General Plan Conformance The requested amendments to this section are consistent with the General Plan, as both the Land Use and Open Space Elements encourage the preservation of historic structures. Three policies and one goal apply in this case: Land Use Policy LU-7.2: Support historic preservation, adaptive reuse, and refurbishing of existing buildings and structures. Open Space Goal OS-8: The identification, preservation, and enhancement of the city's historic, cultural, and paleontological resources. Policy OS-8.1: Establish formal criteria to be used in the identification, restoration, and preservation of locally significant historic structures. Policy OS-8.4: Consult with property owners and land developers early in the development review process to minimize potential impacts to historic and cultural resources. CEQA Compliance These amendments are not considered to be a project under CEQA as there would be no physical impact as a result of the change. Any applications for historic designation or demolition of historic structures would still require the same level of CEQA review as before. Summary and next steps The Planning Commission held a public hearing on the item and recommended denial to the City Council of the changes to the City's Municipal Code related to the review of 2 161 of 306 permits involving historic structures. Staff had recommended approval of the changes to the Commission and recommends that the City Council approve the amendments. OPTIONS 1. Recommend approval of the amendments to Chapter 18.12.160 of the Land Use Code based on the attached findings or findings to be determined by the City Council; or 2. Recommend denial of the amendment to Chapter 18.12.160 of the Land Use Code based on findings to be determined by the City Council; or, 3. Continue the item to a specific date. 3 162 of 306 RECOMMENDED FINDINGS FOR APPROVAL 1. That the proposed amendment to section 18.12.160 is consistent with the General Plan, as Land Use and Open Space Policies LU-7.2, OS-8.1, and OS-8.4 encourage historic preservation of the City's historic resources. 2. That the proposed amendment has been reviewed and been found to comply with the California Environmental Quality Act (CEQA); the amendment is not considered to be a project under CEQA as there would be no physical impact as a result of the change. Any applications for historic designation or demolition of historic structures would still require the same level of CEQA review as currently. The change is solely related to removing a specific entity's name in the Municipal Code and replacing with a generic term. RECOMMENDED FINDINGS FOR DENIAL 1. That the National City Historical Society has been, and continues to be, an important resource for the City in the subject of historic research and preservation, and should continue to be specifically referenced in the National City Municipal Code Section 18.12.160. ATTACHMENT 2 4 163 of 306 18.12.160 - Historic properties. A. Intent and Purpose. It is the intent and purpose of this section to protect, preserve and, where damaged, restore National City's historic resources by: 1. Establishing a procedure whereby properties of historical significance are identified and appropriate notice is provided in the event demolition, significant alteration, or conversion is proposed. 2. Protecting the educational, cultural, economic, and general welfare of the public, while employing regulations that are consistent with sound historical preservation principles and the rights of private property owners. 3. Utilizing State Historic Preservation Office standards for identifying and preserving properties of historical significance in the City to ensure appropriate categorization and disposition of historic resources. B. Designation of Historic Properties. 1. A list of historic properties shall be maintained and periodically updated. 2. Changes to the historic properties list may be initiated by resolution of the city council or on the verified application of the owner(s) of the property to be designated or their authorized agents. 3. Any application or resolution that proposes changes to the historic properties list shall be accompanied by an evaluation of the historic character of the property and shall be reviewed by the planning division. 4. The planning division, after reviewing such application for completeness, shall notify the historical society of shall solicit comments from local, state, or federal historic resources, as necessary, related to the proposed changes to the historic properties list. Any comments or recommendations provided by the historical society must be received witt}+n twenty days of notice posed .. 5. Once the planning division has completed review of the application and considered any comments or recommendations from the historical society, it shall prepare a report and recommendation to the planning commission. ATTACHSNIENT 3 164 of 306 6. The planning commission shall hold a public hearing on the proposal and shall provide a recommendation to the city council. 7. The city council shall hold a public hearing and may approve, modify and approve, or deny the proposed changes to the historic properties list. C. Review of Ministerial Permits. 1. The building official or designee shall review each request for a non - discretionary building or demolition permit to determine if it involves any structure identified on the list of historic properties. If a property proposed for demolition or significant alteration or conversion is determined to be on the historic properties list, the building official or designee shall withhold issuance of the permit for a period of thirty days. 2. The building official shall immediately notify the planning division and the city council of the pending permit. 3. The planning division shall review the permit and solicit comments from local, state, or federal historic resources, as necessary, to determine consistency with this chapter. lithin five days the planning d ivision ..hall providc notice to the historical society of the pending permit and may tcnm s anand re-..00mmrrenda- nP„A ` semmeenrts--or- wit n-4wenty days of the notice of pending permit. 4. Once the planning division has reviewed the permit application and considered any comments or recommendations from the historical society, it shall provide a recommendation to the city council. The recommendation may include approval of the permit, no recommendation, recommendation that the permit be denied, or a request for additional time to evaluate the permit. 5. The city council, at its sole discretion, may approve the permit, deny the permit if a finding is made that such permit may result in an adverse effect on the public welfare, or withhold the issuance of the permit until such time as all alternative measures are thoroughly evaluated. D. Review of Discretionary Permits. All discretionary permits involving a historic resource shall be reviewed in compliance with the California Environmental Quality Act. 6 165 of 306 CITY OF NATIONAL CITY NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, November 5, 2019, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: CODE AMENDMENT AMENDING SECTION 18.12.160 (HISTORIC PROPERTIES) OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE. The amendment intends to modify existing Municipal Code language related to review of permits involving historic structures. The Planning Commission conducted a Public Hearing at their meeting of October 21, 2019 and voted 5-1, with one member absent, to recommend denial of the Code Amendment. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the Public Hearing. Michael Dalla, City Clerk ATTACHMENT 4 7 166 of 306 RESOLUTION NO. 2019-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING DENIAL TO THE CITY COUNCIL OF A CODE AMENDMENT AMENDING SECTION 18.12.160 (HISTORIC PROPERTIES) OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE. APPLICANT: CITY -INITIATED. CASE FILE NO. 2019-23 A WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code, per Chapter 18.12.150; and, WHEREAS, the Planning Commission of the City of National City, California, considered said proposed amendment at a duly advertised public hearings held on October 7, 2019 and October 21, 2019 at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearings the Planning Commission considered the staff report provided for Case File No. 2019-23 A, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and, WHEREAS, the Planning Commission recommends adoption to the City Council of the City of National City amendment to Chapter 18.12.160 (Historic properties) of Title 18 (Zoning) of the National City Municipal Code; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, this action is taken in an effort to comply with applicable State and Federal law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the evidence presented to the Planning Commission at the public hearings held on October 7, 2019 and October 21, 2019, support the following findings: ATTACHMENT 5 167 of 306 1 That the National City Historical Society has been, and continues to be, an important resource for the City in the subject of historic research and preservation, and should continue to be specifically referenced in the National City Municipal Code Section 18.12.160. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 21, 2019, by the following vote: AYES: Natividad, Flores, Sendt, Yamane, Dela Paz NAYS: Garcia ABSENT: Baca ABSTAIN: None. CHAIRPERSON 9 168 of 306 CC/CDC-HA Agenda 11 /5/2019 — Page 169 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending Sections 18.21.020 (Allowed Uses Residential Zone) and 18.30.080 (Family Day Care Homes) of Title 18 (Zoning) of the National City Municipal Code. (Applicant City - Initiated) (Case File 2019-27 A) (Planning) Please scroll down to view the backup material. 169 of 306 CITY OF NATIONAL CITY, CALF' COUNCIL AGEN i.A STATE_; MEETING DATE: November 5, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption of Ordinance of the City Council of the City of National City amending Sections 18.21.020 (Allowed Uses —Residential Zone) and 18.30.080 (Family Day Care Homes) of Title 18 (Zoning) of the National City Municipal Code. (Applicant City -Initiated) (Case File 2019-27 A) PREPARED BY: 'Martin Reeder, AICP PHONE: 619-336-4313 EXPLANATION: DEPARTMENT: Planning Division APPROVED BY: Under existing law (the California Child Day Care Facilities Act) the State Department of Social Services licenses and regulates family day care homes. Existing law authorizes a city, county, or city and county to either classify a large family day care home, which may provide care for up to 14 children, as residential use of the property or to provide a process for applying for a permit to use the property as a large family day care home. The City currently requires a permit for such use in all residential zones. These regulations are consistent with state law as it exists today. SB 234, effective January 1, 2020, will require that a large family day care home be treated as a residential use of property for purposes of all local ordinances. This means that the City will no longer be able require a permit for large family day care homes as of next year. The Planning Commission held a public hearing on the proposed amendments and recommended approval of the changes as contained in the attached proposed Code changes. The attached background report describes the project in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: X STAFF RECOMMENDATION: Staff concurs with the Planning Commission's recommendation and recommends that the amendments to Title 18 be adopted BOARD / COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the Land Use Code amendment. Ayes: Natividad, Flores, Sendt, Yamane, Garcia, DelaPaz Absent: Baca S-<V i Jh iL:Li 1. Background report 2. Findings 3. Proposed Code changes 4. Public Hearing Notice 5. Planning Commission Resolution 2019-21 6. Ordinance 170 of 3061 BACKGROUND REPORT Staff Recommendation Staff recommends that the City Council adopt the amendments to sections 18.21.020 and 18.30.080 of the Land Use Code (LUC). The Planning Commission held a public hearing on the proposed amendments and recommended approval of the changes as contained in the attached proposed Code changes. Overview Under existing law (the California Child Day Care Facilities Act) the State Department of Social Services licenses and regulates family day care homes. Under this law, a small family day care home, which may provide care for up to eight children, is considered a residential use of property for purposes of all local ordinances. Existing law authorizes a city, county, or city and county to either classify a large family day care home, which may provide care for up to 14 children, as residential use of the property or to provide a process for applying for a permit to use the property as a large family day care home. Small family day care homes are currently permitted by right in all residential zones in the City. However, large family day care homes require a minor use permit (formerly a Large Family Day Care permit) in all residential zones. These regulations are consistent with state law as it exists today. On September 5, 2019, the Governor signed Senate Bill (SB) 234 into law. SB 234, which is now in effect, requires that a large family day care home also be treated as a residential use of property for purposes of all local ordinances, the same as with small family day care homes currently. This means that the City can no longer require a permit for large family day care homes. The City has business licenses for nine residential large family day care facilities, although the County Community Care Licensing Division of the Department of Social Services shows 22 active facilities in National City. The new state law continues to provide for an application process through the state and for fire safety inspections through the State Fire Marshal. Consistency with the state law was part of the City's existing Ordinance and would continue as such after changes are made. Proposed Changes (Section 18.21.020) Chapter 18.21.020 (Allowed Uses — Residential Zones) is a matrix of the allowable uses in each of the residential zones. It currently reads as follows: ATTACHMENT 1 171 of 306 Family day care home, small PPPPPP Section 18.30.080 Family day care home, large MMMMMM Section 18.30.080 P — Permitted M — Minor Use Permit As mentioned above, the City may no longer require a permit for large family day care homes. Therefore, the table should be amended to read as follows (changes noted in bold): Family day care home, small PPPP PP Section 18.30.080 Family day care home, large PPPPPP Section 18.30.080 P — Permitted M — Minor Use Permit Proposed Changes (Section 18.30.080) Section 18.30.080 (Family day care homes) has general regulations related to both small and large family day care homes. This section is mostly compliant with the exception of subsection (C), which reads as follows: C. Site Location. Properties used for large family day care homes, as defined by the California Health and Safety Code, shall not be located closer than three hundred feet from any other large family day care home. There is no such distance requirement in the new law; therefore, this subsection is inconsistent with state law and should be struck from the Land Use Code. In addition to the change to section (C), there are two typographical errors (noted in ctrikcthrough) in subsections (D) (5) and (D) (6), which should be changed to read as follows (changes noted in bold): 5. Noise must be maintained in compliance with the city's noise regulations as set forth in Title-9 Title 12. 6. The provider shall comply with all applicable regulations of the city's fire department regarding health and safety requirements as they relate to day care hoes homes and shall contain a fire extinguisher and smoke detector device. 2 172 of 306 A strikethrough/underline version of the changes are attached to this staff report. Findings There are two findings required for approval of a Code Amendment, one related to General Plan consistency and one related to compliance with the California Environmental Quality Act (CEQA). General Plan Conformance The requested amendments to this section are consistent with the General Plan, as the Education and Public Participation Element encourages the availability of and streamlining of permits for child care through the following goals/policies: Goal E-6: The availability of affordable, safe child care for all segments of the community. Policy E-6.2: Streamline application procedures for small and large family day care centers. CEQA Compliance These amendments are not considered to be a project under CEQA as there would be no physical impact as a result of the change. The changes would result in fewer barriers for the operation of large family day care homes. Summary and next steps The Planning Commission held a public hearing on the item and recommended approval to the City Council of the changes to the City's Municipal Code related to requirements for large family day care homes. Staff is also recommending approval of the changes and recommends that the City Council approve the amendments. OPTIONS 1. Approve the amendments to Sections 18.21.020 and 18.30.080 of the Land Use Code based on the attached findings or findings to be determined by the Planning Commission; or 2. Continue the item to a specific date for additional information. 3 173 of 306 RECOMMENDED FINDINGS FOR APPROVAL 1. That the proposed amendments are mandated by newly amended state law, per Senate Bill 234 (SB 234). 2. That the proposed amendments to Sections 18.21.020 and 18.30.080 are consistent with the General Plan, as Education and Public Participation Element Goal E-6 and Policy E 6.2 encourage the availability of and streamlining of permits for child care. 3. That the proposed amendments have been reviewed and been found to comply with the California Environmental Quality Act (CEQA); the amendments are not considered to be a project under CEQA as there would be no physical impact as a result of the change. The changes would result in fewer barriers for the operation of large family day care homes. ATTACHMENT 2 4 Deletions shown as Strikcthrough Additions shown as Underline Table 18.21.020 — Allowed Uses Residential Zones. Family day care home, large PPPPPP Section 18.30.080 18.30.080 - Family day care homes. A. Purpose. The purpose of this section is to implement the California Health and Safety Code provisions regarding day care homes, both large family and small family. B. Applicability. Family day care homes are permitted as set forth in Division 2csubject to�the nrequirements of this section. Bite t� on. P ties used f-cr- Ilarg�eT iIyi da i Coro-crr�-homes,modefi red by the California Health and Safety Code, shall not be located closer than three hundro eet from aGny ethee_r Large family day care home D. C. Operation and Development Standards. 1. The family day care home must be the residence of the day care provider. 2. The day care home must be clearly incidental and secondary to the use of the property for residential purposes. 3. Hours of operation shall be less than twenty-four hours a day. 4. The day care home shall comply with all municipal and state laws and regulations regarding single-family residences and day care homes. 5. Noise must be maintained in compliance with the city's noise regulations as set forth in Tic-9 Title 12. 6. The provider shall comply with all applicable regulations of the city's fire department regarding health and safety requirements as they relate to ATTACHpENT 3 175 of 306 day care hoer homes and shall contain a fire extinguisher and smoke detector device. 7. All state licensing standards must be met and the provider shall keep all state licenses and permits current. 8. The day care home shall be maintained to retain the appearance of a home consistent with the general character of the neighborhood. 9. Large family day care homes shall provide at least one off-street parking space per employee of driving age not living in the home. The residential driveway approach is acceptable for this parking requirement provided that it does not conflict with a required drop-off/pick-up area and does not block the public sidewalk or right-of-way. 10. Indoor and outdoor play areas that satisfy the requirements of the state shall be provided. The outdoor play area shall be screened and enclosed by a natural barrier, wall, or fence a minimum of five feet in height. The outdoor play area shall be designed to reduce noise impacts on adjacent properties. 6 176 of 306 CITY OF NATIONAL CITY NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, November 5, 2019, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: CODE AMENDMENT AMENDING SECTIONS 18.21.020 (ALLOWED USES - RESIDENTIAL ZONES) AND 18.30.080 (FAMILY DAY CARE HOMES) OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE. The amendment intends to modify existing Municipal Code language related to requirements for Large Family Day Care Facilities. The Planning Commission conducted a Public Hearing at their meeting of October 7, 2019 and voted 6-0, with one member absent, to recommend adoption of the Code Amendment. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the Public Hearing. Michael Dalla, City Clerk 7 ATTACHMENT 4 177 of 306 RESOLUTION NO. 2019-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING ADOPTION TO THE CITY COUNCIL OF A CODE AMENDMENT AMENDING SECTIONS 18.21.020 (ALLOWED USES - RESIDENTIAL ZONES) AND 18.30.080 (FAMILY DAY CARE HOMES) OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE. APPLICANT: CITY -INITIATED. CASE FILE NO. 2019-27 A WHEREAS, on September 5, 2019, the Governor of the State of California signed into law Senate Bill No. 234, amending Section 1596.72 of the Health and Safety Code to require that large family day care homes be treated as a residential use of property for purposes of all local ordinances; and, WHEREAS, Sections 18.21.020 and 18.30.080 of the National City Municipal Code are, as a result of the adoption of Senate Bill No. 234, inconsistent with Section 1596.72 of the Health and Safety Code; and, WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code, per Chapter 18.12.150; and, WHEREAS, the Planning Commission of the City of National City, California, considered said proposed amendment at a duly advertised public hearing held on October 21, 2019 at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearings the Planning Commission considered the staff report provided for Case File No. 2019-27 A, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and, WHEREAS, the Planning Commission recommends adoption to the City Council of the City of National City amendment to Sections 18.21.020 (Allowed uses — residential zones) and 18.30.080 (Family day care homes) of Title 18 (Zoning) of the National City Municipal Code; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, this action is taken in an effort to comply with applicable State and Federal law; and, ATTACHFIENT 5 178 of 306 WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the evidence presented to the Planning Commission at the public hearing held on October 21, 2019, support the following findings: 1. That the proposed amendments are mandated by newly amended state law, per Senate Bill 234 (SB 234). 2. That the proposed amendments to Sections 18.21.020 and 18.30.080 are consistent with the General Plan, as Education and Public Participation Element Goal E-6 and Policy E 6.2 encourage the availability of and streamlining of permits for child care. 3. That the proposed amendments have been reviewed and been found to comply with the California Environmental Quality Act (CEQA); the amendments are not considered to be a project under CEQA as there would be no physical impact as a result of the change. The changes would result in fewer barriers for the operation of large family day care homes. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 21, 2019, by the following vote: AYES: Natividad, Flores, Sendt, Yamane, Garcia, Dela Paz NAYS: None. ABSENT: Baca ABSTAIN: None. 277(7(-- IRPERSON 9 179 of 306 CC/CDC-HA Agenda 11 /5/2019 — Page 180 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending Section 18.29.070 (Floodway (-FW), floodway fringe (-FF-1), and floodway fringe - shallow flooding (-FF-2) zones) of Title 18 (Zoning) of the National City Municipal Code. (Applicant City -Initiated) (Case File 2019-24 A) (Planning) Please scroll down to view the backup material. 180 of 306 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 5, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending Section 18.29.070 (Floodway (-FW), floodway fringe (-FF-1), and floodway fringe -shallow flooding (-FF-2) zones) of Title 18 (Zoning) of the National City Municipal Code. (Applicant City -Initiated) (Case File 2019-24 A) PREPARED BY: !:Martin Reeder, AICP DEPARTMENT: Planning Division PHONE: 619-336-4313 APPROVED BY: EXPLANATION: Section 18.29.070 of the Land Use Code makes specific reference to areas subject to flooding in the City. These areas are classified as Floodway (-FW), floodway fringe (-FF-1), and floodway fringe -shallow flooding (-FF-2) zones. These zones tie directly to flood -prone areas identified on Flood Insurance Rate Maps (FIRM) published by the Federal Emergency Management Agency (FEMA) and on file with the City's Engineering Department. In a letter dated June 20, 2019, FEMA directed the City to make modifications to its Municipal Codes related to floodplain development to make them in conformance with FEMA regulations. The Planning Commission held a public hearing on the proposed amendments and recommended approval of the changes as contained in the attached proposed Code changes. The attached background report describes the project in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: X Finance MIS STAFF RECOMMENDATION: Staff concurs with the Planning Commission's recommendation and recommends that the amendments to Title 18 be adopted BOARD / COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the Land Use Code amendment. Ayes: Natividad, Baca, Flores, Sendt, Yamane, Garcia, DelaPaz 1 ATTACHMENTS: 1. Background report 2. Findings 3. Proposed Code changes 4. Public Hearing Notice 5. Planning Commission Resolution 2019-20 6. Ordinance I181 of 30 6� BACKGROUND REPORT Staff Recommendation Staff recommends that the City Council adopt the amendments to section 18.29.070. The Planning Commission held a public hearing on the proposed amendments and recommended approval of the changes as contained in the attached proposed Code changes. Overview Chapter 18.29 (Overlay Zones) establishes overlay zones to provide supplemental regulations that have been tailored to specific geographic areas of the city. Overlay zones are applied in conjunction with a base zone and modify or add to the regulations of the base zone to address specific issues such as development within the coastal zone, special height restrictions, or supplemental processing requirements. Section 18.29.070 of the Land Use Code makes specific reference to areas subject to flooding in the City. These areas are classified as Floodway (-FW), floodway fringe (- FF-1), and floodway fringe -shallow flooding (-FF-2) zones. These zones tie directly to flood -prone areas identified on Flood Insurance Rate Maps (FIRM) published by the Federal Emergency Management Agency (FEMA) and on file with the City's Engineering Department. Proposed Changes In a letter dated June 20, 2019, FEMA directed the City to make modifications to its Municipal Codes related to floodplain development to make them in conformance with FEMA regulations. Section 18.29.070 (F) currently states as follows: F. Lands to which Chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of National City. In order to be compliant with FEMA regulations, the following section should be added: 1. No structure or land shall hereafter be constructed, located, extended, converted or altered without first submitting an application for a flood hazard area development permit to the flood plain administrator*. * The Floodplain Administrator is already defined in Section 18.29.070 and is "the individual appointed to administer and enforce the floodplain management regulations. This individual shall be the city engineer of the city." ATTACHMENT 1 182 of 306 In addition to the amendment to subsection (F), the City Attorney is suggesting the following change to Section 18.29.070 (G) as follows (suggested addition noted in bold): G. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard as shown on the special flood hazard map as floodway (FW), floodway fringe (FF-1), and floodway fringe -shallow flooding (FF-2) zones and conforming with the areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the flood insurance study (FIS) for National City dated August 4, 1988, and accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated August 4, 1988, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter without any further action. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the planning commission by the floodplain administrator. The study, FIRMs and FBFMs are on file at the office of the floodplain administrator at 1243 National City Boulevard, National City, California, 91950. A strikethrough/underline version of the changes are attached to this staff report. Findings There are two findings required for approval of a Code Amendment, one related to General Plan consistency and one related to compliance with the California Environmental Quality Act (CEQA). General Plan Conformance The requested amendments to this section are consistent with the General Plan, as both the Land Use and Safety Elements require the minimization of flood hazards through the following goals/policies: Land Use Policy LU-3.4: Regulate development in areas with a high threat to life and property, such as floodplains, to minimize adverse impacts. Areas covered by the General Plan that are subject to flooding are identified in Figures LU-4a and LU4b and will be reviewed annually. Safety Goal S-2: Minimized hazards relating to flooding and inundation. 2 183 of 306 Policy S-2.4: Adopt regulations that limit the risk of loss to reasonable levels within mapped floodplain hazard areas or areas subject to potential inundation by levee failure, dam failure, or as the result of a tsunami. CEQA Compliance These amendments are not considered to be a project under CEQA as there would be no physical impact as a result of the change. The regulations prohibit construction within any flood -prone areas (FW, FF-1, and FF-2). Summary and next steps The Planning Commission held a public hearing on the item and recommended approval to the City Council of the changes to the City's Municipal Code related to construction of buildings in flood hazard areas. Staff is also recommending approval of the changes and recommends that the City Council approve the amendments. OPTIONS 1. Approve the amendment to Chapter 18.29.070 of the Land Use Code based on the attached findings or findings to be determined by the Planning Commission; or 2. Deny the amendment to Chapter 18.29.070 of the Land Use Code based on findings to be determined by the Planning Commission; or, 3. Continue the item to a specific date. 3 184 of 306 RECOMMENDED FINDINGS FOR APPROVAL 1. That the proposed amendments to section 18.29.070 are consistent with the General Plan, as Land Use and Safety Policies LU-3.4, S-2.4, and Safety Goal S-2 require the minimization of flood hazards through the following goals/policies. 2. That the proposed amendments have been reviewed and been found to comply with the California Environmental Quality Act (CEQA); the amendments are not considered to be a project under CEQA as there would be no physical impact as a result of the change. The regulations prohibit construction within any flood -prone areas (FW, FF-1, and FF-2). ATTACHMENT 2 4 185 of 306 18.29.070 - FLOODWAY (-FW), FLOODWAY FRINGE (-FF-1), AND FLOODWAY FRINGE - SHALLOW FLOODING (-FF-2) ZONES. F. Lands to which Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of National City. 1. No structure or land shall hereafter be constructed, located, extended, converted or altered without first submitting an application for a flood hazard area development permit to the flood plain administrator. G. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard as shown on the special flood hazard map as floodway (FW), floodway fringe (FF-1), and floodway fringe -shallow flooding (FF-2) zones and conforming with the areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the flood insurance study (FIS) for National City dated August 4, 1988, and accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated August 4, 1988, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter without any further action. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the planning commission by the floodplain administrator. The study, FIRMs and FBFMs are on file at the office of the floodplain administrator at 1243 National City Boulevard, National City, California, 91950. ATTACHMENT 3 5 186 of 306 CITY OF NATIONAL CITY NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, November 5, 2019, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: CODE AMENDMENT AMENDING SECTION 18.29.070 (FLOODWAY (-FW), FLOODWAY FRINGE (-FF-1), AND FLOODWAY FRINGE -SHALLOW FLOODING (-FF-2) ZONES.) OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE. The amendment intends to modify existing Municipal Code language related to construction of buildings in flood hazard areas. The Planning Commission conducted a Public Hearing at their meeting of October 7, 2019 and voted 7-0 to recommend adoption of the Code Amendment. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the Public Hearing. Michael Dalla, City Clerk ATTACHMENT 4 187 of 306 RESOLUTION NO. 2019-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING ADOPTION TO THE CITY COUNCIL OF A CODE AMENDMENT AMENDING SECTION 18.29.070 (FLOODWAY (-FW), FLOODWAY FRINGE (-FF-1), AND FLOODWAY FRINGE -SHALLOW FLOODING (-FF-2) ZONES.) OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE. APPLICANT: CITY -INITIATED. CASE FILE NO. 2019-24 A WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code, per Chapter 18.12.150; and, WHEREAS, In a letter dated June 20, 2019, FEMA directed the City to make modifications to its Municipal Codes related to floodplain development to make them in conformance with FEMA regulations; and, WHEREAS, the Planning Commission of the City of National City, California, considered said proposed amendment at a duly advertised public hearing held on October 7, 2019 at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearings the Planning Commission considered the staff report provided for Case File No. 2019-24 A, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and, WHEREAS, the Planning Commission recommends adoption to the City Council of the City of National City amendment to Chapter 18.29.070 (Floodway (-FW), Floodway Fringe (-FF-1), and Floodway Fringe -Shallow Flooding (-FF-2) zones) of Title 18 (Zoning) of the National City Municipal Code; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, this action is taken in an effort to comply with applicable State and Federal law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. ATTACHMENT 5 7 188 of 306 NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the evidence presented to the Planning Commission at the public hearing held on October 7, 2019, support the following findings: 1. That the proposed amendments to section 18.29.070 are consistent with the General Plan, as Land Use and Safety Policies LU-3.4, S-2.4, and Safety Goal S- 2 require the minimization of flood hazards through the following goals/policies. 2. That the proposed amendments have been reviewed and been found to comply with the California Environmental Quality Act (CEQA); the amendments are not considered to be a project under CEQA as there would be no physical impact as a result of the change. The regulations prohibit construction within any flood - prone areas (FW, FF-1, and FF-2). BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 7, 2019, by the following vote: AYES: Natividad, Baca, Flores, Sendt, Yamane, Garcia, Dela Paz NAYS: None. ABSENT: None. ABSTAIN: None. ' / `CH 1RPERSON 8 189 of 306 CC/CDC-HA Agenda 11 /5/2019 — Page 190 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three- year Agreement with DHS Consulting, LLC. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CEP), including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; community outreach and communications; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. (Engineering/Public Works) Please scroll down to view the backup material. 190 of 306 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 5, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a three-year Agreement with DHS Consulting, LLC. 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; 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, P.E., Associate Civil Engineer PHONE: 619-336-4312 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 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 DHS Consulting, LLC. 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/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 101 of 306] 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- lmpact 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 and interview, staff recommends executing a three- year Agreement (with the option to extend for two, one year extensions) with DHS Consulting, LLC, 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; 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. 192 of 306 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DHS CONSULTING, LLC. THIS AGREEMENT is entered into on this 5th day of November, 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and DHS CONSULTING, LLC, a limited liability company (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 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 project support services for National City's Capital Improvement Program (CIP), and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on November 5, 2019. The duration of this Agreement is for the period of November 5, 2019 through November 4, 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. 193 of 306 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; community outreach and communications. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to -exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, 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. Lucas Rathe, 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 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. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the Standard Agreement Page 2 of 12 City of National City and Revised May 2019 DNS Consulting 194 of 306 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 City of National City and Revised May 2019 DHS Consulting 195 of 306 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 4of12 City of National City and Revised May 2019 DHS Consulting 196 of 306 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 City of National City and Revised May 20 19 DHS Consulting 197 of 306 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. 16.1 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. 16.2 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. 16.3 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 DHS Consulting 198 of 306 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. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. 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: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 Standard Agreement Page 7 of 12 City of National City and Revised May 2019 DHS Consulting 199 of 306 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. Standard Agreement Page 8 of 12 City of National City and Revised May 2019 DHS Consulting 200 of 306 C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports,. Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello 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: Lucas Rathe Project Manager 2525 Camino Del Rio South, Ste. 305 San Diego, CA 92108 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, Standard Agreement Page 9 of 12 City of National City and Revised May 2019 DHS Consulting 201 of 306 demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this 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 Page 10 of 12 City of National City and Revised May 2019 DHS Consulting 202 of 306 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 heretoshall 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. //1 /1/ /// Standard Agreement Page 11of12 City of National City and Revised May 2019 DHS Consulting 203 of 306 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: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney DHS CONSULTING, LLC (Corporation — signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: (Name) (Print) (Title) By: (Name) (Print) Standard Agreement Page 12 of 12 Revised May 2019 DHS Consulting City of National City and 204 of 306 HS CONSULTING, LLC. EXHIBIT A 2525 Camino Del Rio South, Suite 305 • San Diego, CA 92108 Roberto Yano, P.E. Deputy City Engineer City of National City Engineering and Public Works Department 1243 National City Boulevard National City, CA 91950 Phone: 619.501.9484 • Fax: 714.276.1134 www.dhsconsulting.com June 10, 2019 RE: Statement of Qualifications (SOQ) for On -Call Project Support Services for National City's Capital Improvement Program (CIP) Dear Mr. Yano, DHS Consulting, LLC, a wholly owned subsidiary of Anser Advisory, LLC is pleased to submit the enclosed qualifications to provide On -Call Project Support Services for National City's Capital Improvement Program (CIP). Our proposed team is equipped and ready to work on any City of National City project and includes individuals who not only have the best technical qualifications, but also a complete understanding of the big picture. Our team is dedicated to project success, meaning a well-built project, on time, and within budget, that overcomes challenges and meets all expectations of the City of National City. DHS Consulting, LLC (DHS), is a process and results -driven firm focused on delivering innovative and comprehensive solutions to solve our client's complex challenges and needs. Founded in 2012, DHS currently employs approximately 140+ team members in Southern California across three divisions (Transportation, Energy and Buildings) supporting private and public agencies and municipalities. Just as the city of National City, we are proud of our DHS connected community. We understand that a company is only as strong as the people that work for it. No matter the company's age or size, at the end of the day, it is the company's employees that provide the experience, expertise, and hard work necessary to get the job done. DHS offices are located in Santa Ana (HQ), San Diego, Los Angeles and the Central Valley. For over 6 Y years, DHS has specialized in providing professional project management, construction management and engineering support services for public agencies in Southern California, specifically in an on -call environment for clients such as City of Menifee, City of Chula Vista, City of Anaheim, SANDAG, LA Metro, and Caltrans. Our Caltrans related experience provides us a strong working knowledge and proficiency in local agency, Caltrans, and federally funded contract language and administering projects designed and constructed to Caltrans, FHWA, and Greenbook standards and specifications. Our personnel have working knowledge of the Local Assistance Procedures Manual (LAPM), Caltrans Construction Manual, Traffic Manual, MUTCD Manual, Bridge Records and Procedures Manual, Standard Specifications, Standard Plans, and all local safety regulations. Our team is led by our Project Manager, Lucas Rathe, P.E., CCM, QSD, who has a history of managing projects in San Diego County on similar services over the past 11 years. Lucas is a resident of nearby Chula Vista and his commitment to the community will bring immediate "value-added" service to the City. Lucas' career has focused on Construction Management on various types of roadway, power, and Companies Don't guild Projects - People Do 205 of 306 HS CONSULTING, LLC. 2525 Camino Del Rio South, Suite 305 • San Diego, CA 92108 Phone: 619.501.9484 • Fax: 714.276.1134 www.dhsconsulting.com water projects and with a variety of clients such as City, County, Caltrans and private development projects. Mr. Rathe currently serves as Project Manager for on call clients such as SANDAG, SD MTS, Chula Vista and Riverside County Transportation Department. The leadership of National City is committed to serving its people to improve the quality of life of the community. Similarly, it is DHS' philosophy that "Companies Don't Build Projects — People Do". As a company, we focus on building the careers of our people to lead successful and meaningful lives both in and out of work. Our employees take pride in managing projects for our clients that are not only successful from a budget/schedule standpoint but provide a positive impact to the community. Serving the community is the reason we are interested in submitting a SOQto National City. DHS is proud to provide this Statement of Qualifications for review and consideration by National City. We are excited to work with the City providing projects that improve the safety, convenience and quality of life for the people of National City. Please send future all correspondence pertaining to this proposal to the attention of our Project Manager, Lucas Rathe, P.E., 2525 Camino Del Rio South, Suite 305, San Diego, CA 92108, 0: (619) 501- 9484, C: (619) 755-9596, lucas.rathe@dhsconsulting.com Sincerely, Melanie Estes, P.E. Executive Vice President — DHS Consulting, LLC 2525 Camino Del Rio South, Suite 305 San Diego, CA 92108 (619) 565-5362 Melanie.estes@dhsconsulting.com Companies Oon'tguild Pccjects - People Do 206 of 306 -:CAI%F RNIA -- N TI OC34��',MTV �CITy X 1771- ON -CALL PROJECT SUPPORT SERVICES Executive Summary DHS Consulting, LLC (DHS), a wholly owned subsidiary corporation of Anser Advisory, LLC, is a full -service PM/CM firm with employees who specialize in construction administration of CIP projects of all sizes and complexities. DHS has the proven experience as a Prime Consultant on many agencies on -calls and understands that people are the success of the relationship between the consultant and the agency. DHS is proud of our employees and our teaming partners specifically for this on -call with National City. Our approach to this SOQ was to bring a team of sub consultants who we have teamed with on past projects to ensure when the City needs support, the most qualified professionals are provided. In November 2018, DHS Consulting graduated from the Disadvantaged Business Enterprise program. As a past DBE, we appreciated the opportunities given by our larger Primes. Now that the roles are reversed, we look forward to providing the same opportunities to our DBE and SBE partners on this on -call. Below is a list of our teaming partners, their roles, and their business classifications. Subconsultant Firm Name 1 Project Function Hoch Consulting Grant Management ECORP Consulting, Inc. Biology Coast Surveying, Inc., DBE Land Surveying Twining Consulting Geotechnical Connect & Company, DBE Public Relations STC Traffic Electrical Inspection/ Traffic Engr. Contact Information Christy Villa • 5675 Ruffin Road, Suite 305, San Diego, CA 92123 • 858.922.4652 cvilla@hochconsulting.com Margaret Bornyasz • 3914 Murphy Canyon Road, Suite A206, San Diego, CA 92123 • 858.279.4040 mbornyasz@ecorpconsulting.com Nick Coates • 15031 Parkway Loop, Suite B, Tustin, CA 92780. 714.918.6266 nick.coates@coastsurvey.com Keoni Feist • 15950 Bernardo Center Drive, Ste G, San Diego, CA 92127 • 858.385.1711 kfeist@twiningconsulting.com Andrea Suarez • 690 Carlsbad Village Dr., Ste 204, Carlsbad, CA 92008 • 760.889.6949 andrea@connectcopr.com Morna Stack • 5865 Avenida Encinitas, Ste. 142- B, Carlsbad, CA 92008 • 760.585.4508 morna.stack@stctraffic.com DHS Working Experience with Subconsultant Team Partner of City of Menifee On Call Sub to DHS on Newport & Scott Interchange Project Sub to DHS on LA Metro Project QC inspection at Newport Road Interchange Project with DHS Sub to DHS on Scott Road Interchange Project Sub to DHS on Scott Road Interchange Project DHS Consulting provides professional construction management and engineering support services for public agencies in Southern California, notably in San Diego County. Our Caltrans related experience has provided us a strong working knowledge and proficiency in local agency, Caltrans, and federally funded contract language and administering projects designed and constructed to Caltrans, FHWA, and Greenbook standards and specifications. Our local presence provides National City a team dedicated to working in and improving the communities in which we live. Lucas Rathe, P.E. QSD, CCM, Project Manager, will lead the DHS Consulting Team. Lucas has over 13 years of construction and construction management experience. His previous experience as a contractor taught him how to assemble a solid project schedule and manage crews to deliver a project on time, within budget and to the safety and quality the client expects. Now as a Construction Manager, Lucas uses his knowledge of construction in all aspects of construction management: constructability reviews, resolution of field design conflicts, schedule recovery, and most importantly worker and public safety. Lucas currently manages on -call contract teams for SANDAG, City of Chula Vista, City of Menifee, and • 207 of 306 islitit0 .✓ JA ON -CALL PROJECT SUPPORT SERVICES Executive Summary 6R`L.��YSfY.L.AYtG�o."Y.�:'Pi_S`L�".4•:�,.a'.'.�.^tt..'i.N�:.T�.w.�3t:^�.�S3tM_"a:1^'etss�iv�zlee[.T..-arc.}-�:^��. .'T".'.I�SsiPiR1G'.S: "�:S`:lII'�iKA.4'a""...iw.'^.. n4. nT.�;]�S.":�.^.�SL�4T;'f�`�".'�^.:2'�Y.:1"�a£'e:1RIl!N.�G32�'l�'. �59a.. '3RLY.^Y�A3RK?..GS+Y'.YiS'..�w] Riverside County Transportation Department. Lucas will provide quality service to the City throughout the duration of the on -call. Lucas will meet with the City regularly to understand the staffing requirements of upcoming projects. When positions are requested by the City, DHS will be prepared to submit multiple, qualified resumes to the City to interview and select the best person for the project. Familiarity with the Local Environment — The DHS Team has roots working within the City and is familiar with the operations of the City. In addition, our strong local presence with surrounding clients (such as SANDAG, MTS, City of San Diego and City of Chula Vista) make us an ideal team who share the same visions of the both the local and regional plans. A majority of our team members make up the South Bay region, and we know the amenities that National City has to offer. We will bring our local knowledge to any project we manage to ensure the Community's interests are first. Experience and Technical Competence - As you will learn in the following pages, the DHS Team is equipped to manage any of the scopes discussed in our "Experience and Technical Competence" Section. With a total team make up of over 100 people, our team is ready to provide multiple resumes to the City. We have performed work within the City and are ready to bring solutions to challenging future City projects. DHS is familiar with managing State and Federally funded projects administered under Caltrans Local Assistance. We take pride in our success at delivering projects to our clients without jeopardizing funding. Grant Management — We understand that the City and the Capital Improvement Program both rely on Grant funding to get projects off the ground and into construction. DHS is teaming with Hoch Consulting who understand the grant application process and who help other local cities receive the funding they need. Once funding is secured, the DHS project management team will ensure the grant requirements are met and strict records are kept so that reimbursement post project is received by the City. Financial Management — DHS uses Deltek software to track its own employees' time as well as sub consultant invoices. We provide monthly invoices that track the budget of each task order as well as the status of the project. Transparency is especially important in these monthly updates, so the City knows how each dollar is spent managing the task. In addition to the Task Order budget, DHS Consulting has strict accounting controls in accordance with the Code of Federal Regulations to meet Caltrans Local Assistance management and reporting requirements. PE C , EVZin;M Zi v cn..S. fgl r..< m M=. _V'a.....M,_, .'"W,;,s,.t' '£X.i r...._r,.�u"_k s"'�« «:, :' L-� "+x' .as ... ..�. ,.—.c ^,e�....:t:...`F $17.1. 208 of 306 Exhibit B National City On -Call Project Support Services for National City's Capital Improvement Program (CIP) Consultant Name: Prime or Sub Consultant: DHS Consulting, LLC Prime FEE SCHEDULE LABOR COSTS The rates in the table below will be fixed for the entire length of the Contact Labor Classification/ Tile Actual Hourly Rate (Range) $/HR Resident Engineer (Licensed Professional Engineer) $ 165.00 Construction Manager / Engineer (non -PE) $ 153.00 Field Inspector (Prevailing Wage) $ 150.00 Field/Buildings Inspector (Non - Prevailing Wage) $ 135.00 Utility Coordinator $ 135.00 Office Engineer $ 120.00 Labor Compliance Officer $ 110.00 Office Administrator $ 100.00 Stormwater Inspector $ 135.00 INDIRECT LABOR COSTS b) Fringe Benefits (Rate: _ %) c) Total Fridge Benefits [(a) x (b)] $ d) Overhead (Rate: 110.06% e) Overhead [(a) x (d)] f) General and Administrative (Rate %) g) Gen & Admin [(a) x (f)] $ (h) TOTAL INDIRECT COSTS [(c) + (e) + (g)] $ REIMBURSEABLE EXPENSES a) Vehicle $8.13/hour/ or $65/day, whichever is less per day, per employee b) Printing/Copies As Required By the City c) Equipment Rentals Certification of Costs: I, the undersigned, certify to the best of my knowledge and belief that all costs identified in our Schedule of Fees are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and conditions. Furthermore, I acknowledge that "mark-ups" for sub -consultant services will not be accepted. Lucas Rathe Project Manager/Vice President Name Title 10/4/2019 Signature Date 209 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 210 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three- year Agreement with Innovative Construction Consulting Services (ICCS) 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; 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. (Engineering/Public Works) Please scroll down to view the backup material. 210 of 306 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 5, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a three-year Agreement with Innovative Construction Consulting Services (ICCS) 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; 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, P.E., Associate Civil Engineer PHONE: 619-336-4312 EXPLANATION: See attached., DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: �+� '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 Innovative Construction Consulting Services (ICCS) 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/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution f 211 of 3061 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 Innovative Construction Consulting Services (ICCS) 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; 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. ICCS is certified as a Disadvantaged Business Enterprise (DBE), Minority Business Enterprise (MBE), and Small Business Enterprise (SBE). 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. 212 of 306 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND INNOVATIVE CONSTRUCTION CONSULTING SERVICES, LLC THIS AGREEMENT is entered into on this 5th day of November, 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and INNOVATIVE CONSTRUCTION CONSULTING SERVICES, LLC, a limited liability company (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 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 project support services for National City's Capital Improvement Program (CIP), and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on November 5, 2019. The duration of this Agreement is for the period of November 5, 2019 through November 4, 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. 213 of 306 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; community outreach and communications. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to -exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, 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. Sean E. Gill, Owner/CEO, 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 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. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the Standard Agreement Page 2 of 12 City of National City and Revised May 2019 ICCS 214 of 306 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 City of National City and Revised May 2019 ICCS 215 of 306 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 ICCS 216 of 306 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 City o&National City and Revisal May 2019 1CCS 217 of 306 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. 16.1 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. 16.2 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. 16.3 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 ICCS 218 of 306 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. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. 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: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 Standard Agreement Page 7 of 12 City of National City and Revised May 2019 ICCS 219 of 306 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. Standard Agreement Revised May 2019 ICCS Page 8 of 12 City of National City and 220 of 306 C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello 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: Sean Gill Owner/CEO P.O. Box 6211 Norco, CA 92860 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, Standard Agreement Page 9 of 12 City of National City and Revised May 2019 ICCS 221 of 306 demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, teleeopy, 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 corning before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 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 Page 10 of 12 City of National City and Revised May 2019 ICCS 222 of 306 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. 111 Ill Standard Agreement Page 11 of 12 City of National City and Revised May 2019 ICCS 223 of 306 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: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney INNOVATIVE CONSTRUCTION CONSULTING SERVICES, LLC (Corporation —signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: Sean Gill, Owner/CEO Standard Agreement Page 12 of 12 City of National City and Revised May 2019 ICCS 224 of 306 y EP CERTIFICATE OF LIABILITY INSURANCE °Arp,M'� 00 010 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 1SSUINO rNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSUREDthe palioy4ies) must have ADDITIONAL INSURED provisions or be endorsed. y , If SUBROGATION IS WANED, 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 swah endorsement(s). PRODUCER ALLIANCE BUSINESS & COMMERCIAL 163 YORBA STREET TUSTIN , CA 92760 LICENSE 017B912 131311`Mbf NAME! PR Na EMI (t4.83v-b7fil C,Nal. 714-83Z 1763 - IUL ABC1N$IPACBELLNET ADDRESS: INSURERIS) AFFORDING COVERAGE NAIL0 INsuRCRA: MESA UNDERWRITERS SPEC INS INSURED INNOVATIVE CONST CONSUL LLC CONSULTING SERVICES-SEAN GILL P.O. BOX 6211 NORCO, CA 92860 INSURER B: iNTPGON NATIONAL INS CO 29742 INSURER • MERCER INS COMPANY INSURER D: 85202 mum STATE COMPENSATION INS.FUND 36076 INBURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUmB R; THIS IS TO CERTIFY THAT THE POLICIES OP'' INSURANCE LISTED 6ELOVV 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 CLANs, MIR TYPE OF INSURANCE ADDL WISP BUBR YrvD POLICY NUMBER POLICY EFF 3MWDDIYYYYIffr ppUCY EXR iDDIYYYY}` LM A X COMIdERCUN GENERAL. 1X OCCUR x x MPa41140De413972 4115/2019 41'1512020 • I• $ 1,000,000 CLAIMS ADD PREMISES EaEOccui once) $ 100,000 MEDEXF(Arryone parson) S 6,000 PERSONAL . A0V INJURY s 1,006, 000 GENL �� AGGREGATE LIMIT APPLIES PER: LQC GENERAL AGGREGATE $ 3,000,00 $ � (� RO- POLICYonAR : X 3E OTH R PRODUCTS - COMPIQP AGO S A RUFOMOthLE x x LIAVILITY ANY AUTO OWNED ' —I SCHEDULED -�-{ AUTOS ENON-OW(ED X I AUTOS ONLY X X 12002215 4115/2019 4/15/2020 co�MBlri>:D sINrLE IIIAT (>na a�ldanU y 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per ooctdrad) >E PROPERTY DAMAGE (Pareadderti $ X 1/(4EBRELLALIAR excess LfAB X_IOCCUR 1 CLAIMS -MADE X X 27308070 4/15/2019 4/15/2020 EACrlQCCUR RENCI $ 1,000,000 AGGREGATE $ 1,000 000 DID f -IREItnf" ON$ $ t Q WORKERS COMPENSATION AND I3l9IPLOYERS' LIAi31L(TY ANY PHOPRIETOR/PARTNERIEXECUTNE (Alta notary In NHI FXC .UDEO7 I(yes, descdheunder DESCRIPTION OF OPERATIONS vIN NIA X 916b208-2019 4115l2019 4I16/2020 FcR H- )( STATIfrE e 1 1=R 1 E.L EACH ACCIDENT $ 1000,000 $ ' 1,000,000 $ 'L rmrkflflfL, RENCE LIMIT I y EL D1S5ASE -EA EMPLOYEE bolow E.L. DISEASE - POLICY LIMIT ] PROFESSIONAL LIA ERRORS & OMISSIONS ANEl$42804-1V 4/15/2019 4/15/2020 1,000,000 EACH OCCL. 1,000,000 AGGREGATE 5,000 DEDUCTIBLE DESCRIPTION OF OPERATIONS I LOCATIONSI VEHICLES (ACORD 161, Artallellei Remarks Schedule, may be attached If mom apace Is required) THE FOLLOWING ARE NAMED AS ADOT1ONAL INSUREDS ONLY AS TO RESPECTS TO THE INSUREDS OPERATION THE CITY OF NATIONAL CITY, ITS ELECTED OFFICALS, OFFICERS, AGENTS, AND EMPLOYEE'S PROJECT. ° ON CALL PROJECTS AS NEEDED WIT'1-I CITY..." 10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT, 30 DAYS OTHER THAN NON PAYMENT OF PREMIUM CERTIFICATE HOLDER CANCELLATION THE CITY OF NATIONAL CITY CIO EXIGIS RISK MANAGEMENT P.O. BOX 4668 NEW YORK, NY 10163-1533 1 SHOULD ANY OF THE ABOVE DESCRIBES POLICIES BE CANCELLED BEFORE • THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED pi ACCORDANICE 1NM4 THE POLICY PROVISIONS. AUTHOR17,EO REPRESENTATIVE S'rEVEN DEMc NT ACORD 2S (2016103) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 225 of 306 POLICY NUMBER: 1 MJP00040080i13972 COMMERCIAL, GENERAL LIABILITY CG20100418 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCKEDULE Name Of Additional Insured Person(S) Or Organization(s) All persons or organizations as required by written contract with the Named Insured. Location(s)Of Covered Operations As required by written contract with the Named insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured Is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" „property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the focation(s) designated above. However. 1. The insurance afforded to such additional insured only applies to the extent permitted by few, and 2. If coverage provided to the additional insured Is required by a contract or agreement, the insurance afforded to such additional inured will not be broader than that which you are required by the contnsct or agreement to provide for such additional Insured. B. With respect to the insurance afforded to these additional Insureds, the following additional exclusions apply: This insurance does not apply to 'bodily injury" or "property damage" occurring after, 1. Ali work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a pert of the same project. CG 2010 0413 insurance Services Office, Inc., 2012 Page 1 of 2 226 of 306 C. With respect to the insurance afforded to these additional insureds, the following Is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we Will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsementshall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Q insurance Services Office, Inc., 2012 CG 2010 0413 227 of 306 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from' any other insurance available to an additional insured under your policy provided that (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed In wrhing in a contract or agreement that this insurance would be primary and would not seek contribution frorn any other insurance available to the additional Insured. CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 228 of 306 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES POLICY NUMBER 1200 15 NAMED INSURED POLICY CHANG S EFF CT1VE 4/15/2019 SEAN GILL DI3A: INNOVATIVE CONSTRUCTION CONSULTING SERVICES COVERAGE PARTS AFFECTED CHANGES Policy Change Number COMPANY Integon National Insurance Company AUTHORIZED REPRESENTATIVE The City of National city, its elected officiate, officets, agents and employees while acting within the scope of their duties is added as additional insured. Designated Insured CA 20 de 1013 and Waiver of Subrogation CA 04 44 1013 are ttdded to the schedule of forms and endorsements. Premium; $0 Additional Fees: $10.00 Authorized Representative Signature IL 12 01 1185 Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 Page 1 of 1 229 of 306 POLICY NUMBER: 12002216 COMMERCIAL AUTO CA204810t3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Wth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement, This endorsement identities person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception. date of the policy unless another date is indicated Named insured: SEAN GILL ®SA: INNOVATIVE CONSTRUCTION CONSULTING SERVICES Endorsement Effoolve: 4/15/2019 SCHEDULE Name of Pewits) or Orgenizationiek their dunes The ity of National City, its elected officials, ials, officers, agues and employees while acting within the scope of 1243 National City Blvd National City, CA 91950 All protects for this Additional Insured during this policy term Information required to complete this Schedule, If not shown above will be ski in the Deciia agons. E c person r on for or organization nALiability ho co n the Scheddule isbut only to the extent that person or organ n qualifies as an "insured" under the Who Is An insured provision contained in Paragraph A.1. of Section tl — Covered Autos Liability Coverage in than Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section l — Covered Autos Coverages Odle Auto Dealers Coverage Form. CA 20 401013 Insurance Services Offl&e, Inc., 2011 Page f of 1 230 of 306 POLICY NUMBER: 120022/5 COMMERCIAL AUTO CA NU 1013 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: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With modifiedrespect to e endorsement_ provided by this endorsement, the provisions of the Coverage Form apply unless This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: SEAN c Lip DBA: thINOVATIVE CONSTRUCTION CONSULTING SERVICES. Endorsement eve Date: 4/I$12019 SCHI.E Name(s) Of Posen(*) Or Or Qr+geniis ation(e) - -- The e City Nafiorral City, has elected officials, office, agents and employees while voting within the scope of th bornmotion required to complies this Schedule, if not shown above, will be shoran in the Declara tions_ The Transfer Of Rights Cif Recovery Against Others To iris condition does not apply to the person(s) or organizations) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the loss" under a contract with that person or Organization, CA 04 441013 0 insurance Service Office, Inc., 2011 Page 1 of 1 231 of 306 MARCH 27, 2019 lu 6-1ta7.grf AUTHORIZED REPRESENT tVE PRESIDENT AND DEO &CIF FORM 10217 MtWO-20* STATE FUND HOME OFFICE SAN FRANCISCO EfilOORSEMENTAGREEIVIENT BROKER COPY N'AIVRRle2R reION 9155208-19 RENEWAL SP EFFECTIVE APRIL 15, 2019 Al 12.01 At&F ECTIIM OATES ARE AND EXPIRING APRIL 15, 2020 AT 12.01 A.M. AT UM 1 AM PA5CIFIC STANDARD TILE OR 111V TIME INDICATED AT PACIFIC; 1STANDARD i1 INNOVATIVE CGN$'`RUCT1QN CONSULTANT PO BOX 6221 NORCO, CA 92660 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM .ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TR THE EXTENT TIIAT YOU PERFORM WORK UNDER Ay WRITTEN CONTRACT THAT REQUIRES YOU 'TO OBTAIN THIS AGREEMENT FROM OS. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.013% OF TINE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION ffAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER PAGE 1 QF 1 NOTHING IN THIS KNOORSEME'NNF DONTAVIED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANT ,Q1 THE TERMS, CONDITIONS, AeREEMENTS, OR LIMITATIONS QF its FOXY OTRLR THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL HE HELD To VMW, ALTER, WAIVE O1 R MIT THE TERMS. CONDITIONS. AGIMEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. GOuNTERSIMIED AND ISStlaI AT SARI FOIANCI .CA 4k3i OP 232 of 306 -,_aAI IFORNJA — EXHIBIT A '- +NCORpORAT6� Part 1— Required Documentation Cover Letter June 6, 2019 Roberto Yano, P.E. Deputy City Engineer City of National City Engineering & Public Works Department 1243 National City Boulevard National City, CA 91950 Subject: 2019 On -Call Project Support Service for National City's Capital Improvement Program (CIP) Dear Mr. Yano, Innovative Construction Consulting Services, LLC (ICCS) specializes in supporting Government agencies on Public Works construction projects. These projects are typically under the scrutiny of the public eye, have a potential for political implications and require an attention to budgetary and scheduling details. When projects are delayed, the impacts can cost public agencies and tax payers thousands of dollars. ICCS takes pride in providing municipal agencies with construction managers and inspectors who thoroughly understand the entire capital improvement process from design, budget, and preparation of bid specifications to construction, scheduling, final inspections and closeout. ICCS prides itself in providing a high level of service on Public Works projects. ICCS holds a DBE and SBE State Certification and most recently received a MBE certification from the CPUC. Founded in 2009 and incorporated in 2016, ICCS provides leadership, enthusiasm, knowledge and support to your agency, including my past 35 years of experience in the industry. At ICCS we constantly monitor and explore industry technology and needs, seek ways to expand our level of customer service and support, and continue to seek creative individuals to strengthen our existing team. One, if not the most, valuable service offered by ICCS is the ability to provide a dual perspective when overseeing a construction project. The experience from both the contractor and agency viewpoints, allows us to foresee and resolve dispute situations before they occur. In addition to our experience, our team has worked for and with municipal departments, private construction management and private contractors throughout Southern California, including San Diego. ICCS continues to invest in new tools such as laser levels, underground video cameras, and electronic 2019 On -Call Project Support Services for National City's Capital Improvement Program (CIP) 1-2 a+-+�CALtFORNIA. NATI®i! L Cf`f'y `- +�'CORppRATED Part 1— Required Documentation locators necessary to provide cost saving measures to National City. Most recently the addition of a drone that allows us to do an aerial survey of hard to reach locations, photo document work progress and evaluate items such as utility wire heights or overhead restrictions. In addition, ICCS has staff with Confined Space training to facilitate inspection and support to National City staff when called to do so. I have had the privilege to work personally with the City of National City over the past seven years, providing construction management and inspection on numerous projects, either currently or most recently, Harbison Ave, Road Diet, Las Palmas Storm Drain, Mid -Block Crossing Enhancements, Plaza & 14th, E. 16th & Grove, Earle Drive Storm Drain Repairs, The Alley Improvements, 18th Street Bicycle and Pedestrian Improvements, and N. Kenton to name. Also, the Kimball Skate Park which was awarded the APWA Honors award and the Paradise Creek Restoration project awarded APWA Project of the year both for 2017. Our knowledge of the inner workings, expectations and needs of the city has continued to allow us to offer support to new staff through organizational transitions within the City. With the understanding of the project types, city structure, staff, and relationships previously formed, ICCS continues to have the ability to assist National City on current and future projects with little or no downtime for transition, as well as provide a quicker response to challenges that may arise. This integration supports National City's staff with their everyday duties by providing confidence in knowing that projects are being managed with the highest level of care and commitment. I am also well aware of National City's policies and procedures, including the high standards set for quality control, quality assurance and accountability. The experience gained working with National City continues to help identify needs and opportunities, allowing ICCS to come together with National City and work successfully on projects. National City would continue to receive my direct attention and oversight for all of your needs. I enjoy working with the staff at National City and I know our skills and experience complement the projects and tasks planned in the City's current CIP program. I look forward to continued success and representing National City with the most efficient and effective services available. If you have any questions, please feel free to contact me at 951-532-6483 or send me an email at sgill@iccsinc.net. Sincerely, Sean Gill 2019 On -Call Project Support Services for National City's Capital Improvement Program (CIP) 1-3 shrOINOUtrir 1t enrch aTED Part 1— Required Documentation Executive Summary i ccs... Dedicated to exceeding the needs of our customers The ICCS team offers years of experience and service to many Public Agencies throughout Southern California. Every Agency has its own unique needs and expectations. ICCS identifies the needs and expectations specific to our customer ahead of time and understands why those needs exist. Doing so will help our team exceed the needs of our customer and allow us to successfully complete projects. Our team is dedicated to providing the highest level of customer service to National City for various services, primarily Construction Management and Inspection services, however, our services are expanding to fulfill the needs of our clients. Additional services include including Certified Payroll). ICCS is in the process of expanding its staff and is looking to collaborate with a small Engineering firm to provide additional services. These services have many elements critical to our success with National City. A key element is to proactively determine a detailed understanding of the City's goals and objectives in order to formulate detailed Construction Management strategies and implement those strategies immediately. Lessons learned on past projects have helped us identify the following key issues and formulate a plan for success: • Minimize Community Impacts (public convenience, traffic, safety, and accessibility) • Maximize Quality, Optimize Cost and Time Saving Measures • Streamline Coordination & Effective Decision -Making (reduces change orders/claims) • Highly Responsive, Organized, Innovative, & Technically Competent Decisions • Ensuring Close Communication at all times • Maximize Cost Effective Engineering Strategies to optimize the City budget • Always Looking Ahead to anticipate change • Manage project schedule and change order impacts As part of our SOQ, knowing the clients wants and having the experience to provide those want is a key component. However, utilizing the experience of each team member properly is critical. Understanding the strengths of each individual and how those strengths complement each other can be the difference in a successful project v. just getting the job done. ICCS will provide National City a unique service with forward planning, knowledgeable constructability reviews, dedicated team members and an immediate response to any issues or needs as they occur; second to none. In this SOQ, we will outline how we intend to accomplish those tasks, the benefits of our methods and providing examples of success when those tasks are performed correctly. ICCS is dedicated to exceeding the needs of National City and successfully working together to complete projects. 2019 On•Call Project Support Services for National City's Capital Improvement Program (CIP) 1-5 235 of 306 Innovative Construction•Consulting Services, LLC P.O. Box 6211 Norco CA 92860 Phone(951)532-6483 salui)iccsinc.net NATIONAL CITY SCHEDULE OF RATES & FEES Effective September 1, 2019 to December 31, 2022 (Unless otherwise noted below) Construction Manager Asst. Project Manager Sr. Scheduler Administration Analyst Certified Payroll Review Word Processor Deposition Court Appearance Professional Services Per Hour $180 PW Inspector (Prevailing Wage) $125 PW Inspector (PW) —1 1/2X $140 PW Inspector (PW) — 2X $102 Inspector (Std. Rate) $98 Inspector (Std. Rate) -1 1/2X $85 Specialty Inspector Specialty Inspector - Overtime Litigation Support Services $250/Hr., 4 Hour Min. $275/Hr., $1,000 Min. EXHIBIT B $141 $185 $230 $129 $168 $155 $200 Rates listed above include all necessary resources labor, equipment, materials, incidental reports and related calculations, and transportation required to provide project services proposed. All rates are based on a 4-hour minimum for each work day. Inspector rates are effective September 1, 2019 and good through June 2020. The DIR has published rate increases for Inspectors for July 2020 and July 2021. See rate increases below. Inspector Rate Effective June 2020: Std. - $145, 11/2x - $190, 2x - $235 Inspector Rate Effective June 2021: Std. - $149, 11/2x - $195, 2x - $240 If any additional services are required, please request the classification and a rate can be calculated for those services. Construction & Project Management 1 Inspection I Claim Processing/Analysis I CPM Scheduling I Time Impact Analysis I SWPPP Preparation I Constructability Reviews 236 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 237 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three- year Agreement with Project Professionals Corporation (PPC) 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; 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. (Engineering/Public Works) Please scroll down to view the backup material. 237 of 306 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 5, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a three-year Agreement with Project Professionals Corporation (PPC) 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; 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 E., Associate Civil Engineer DEPARTMENT: Engineering/Public Works PHONE: 619-336-4312 J1 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: APPROVED aFinance 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 Project Professionals Corporation (PPC) 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/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution z6u OT :5Ub1 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 Project Professionals Corporation 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; 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. 239 of 306 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONALS CORPORATION THIS AGREEMENT is entered into on this 5th day of November, 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PROJECT PROFESSIONALS CORPORATION, a Califonria 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 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 project support services for National City's Capital Improvement Program (CIP), and the CONSULTANT agrees to perform the services set forth here in accordance with all terns 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 November 5, 2019. The duration of this Agreement is for the period of November 5, 2019 through November 4, 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. 240 of 306 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; community outreach and communications. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to -exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, 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. Byron Wade, President/CEO, 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 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. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the Standard Agreement Page 2 of 12 City of National City and Revised May 2019 PPC 241 of 306 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 City of National City and Revised May 2019 PPC 242 of 306 CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 4. 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 disclosedin 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 PPC 243 of 306 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 City of National City and Revised May 2019 PPC 244 of 306 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. 16.1 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. 16.2 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. 16.3 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 PPC 245 of 306 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. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. 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: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 Standard Agreement Page 7 of 12 City of National City and Revised May 2019 PPC 246 of 306 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. Standard Agreement Page 8 of 12 City of National City and Revised May 2019 PPC 247 of 306 C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein, D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7, E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello 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: Byron Wade President/CEO 4499 Ruffin Road Suite 250 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of Standard Agreement Revised May 20I9 Page 9 of 12 City of National City and PPC 248 of 306 changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this 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. Standard Agreement Page 10 of 12 City of National City and Revised May 2019 PPC 249 of 306 D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. 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. /// /// Standard Agreement Page 11 of 12 City of National City and Revised May 2019 PPC 250 of 306 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: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney Standard Agreement Page 12 of 12 PROJECT PROFESSIONALS CORPORATION (Corporation — signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: Byron Wade, President/CEO By: Leanne Wade, CFO City of National City and Revised May 2019 PPC 251 of 306 A�ram® fJ CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDTYYYY) DATE 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 CONTACT NAME: Certificate Department PHONE FAX ram No Exec: 619-744-0574 to/C, No):619-234-8601 E-MAIL DSS; certificates@cavFgnac.com INSURER(S) AEFORDING COVERAGE NAIC # INSURER A : Sentinel Insurance Company 11000 INSURED PROJPRO.01 Project Professionals Corporation 4499 Ruffin Road, Suite 250 San Diego CA 92123 INSURER a : Travelers Casualty and Surety 19038 INSURER C: Hartford Casualty Insurance Co 29424 INSURERD: INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 1989806011 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 LMSD SUBR WVD POLICY NUMBER POLICY EFF (MNUDD/YYYYI POLICY EXP (MMTDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 72SBWAR9250 5/10/2019 5110/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE X LIMIT APPLIES jGR8-F X PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 Deductible $ 0 A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED x SCHEDULED AUTOS NO WNED Y Y 72SBWAR9250 5/10/2019 5/10/2020 COMBINED SINGLE LIMIT (Ea accident) $ 1,000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Per accident) $ A X UMBRELLA LIAR EXCESS LIAB O OCCUR CLAIMS -MADE 72SBWAR9260 5/10/2019 5/10/2020 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED X RETENT ON $ 10 000 c WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N ! A Y 72WEGPH2220 7/1/2019 7/1/2020 X STATUTE OTH- ER EL, EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional Liability 196295039 5/10/2019 5/10/2020 Ea Claim & Aggreg $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is requi ed) Re: Agreement Number : EG-00027, The City of National City -> Engineering/Public Works, Reference ID (Vendor ID) : 41664. Additional Insured coverage applies to General Liability and Automobile Liability for The City of National City per policy form. Waiver of subrogation applies to Gereal Liability, Automobile Liability and Workers Compensation per policy form. Excess/Umbrella policy follows form over underlying policies: General Liability, Auto Liability & Employers Liability (additional Insured and waiver of subrogation apply). Professional Liability - Claims made form, defense costs included within limit. CANCELLATION I The City of National City c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York NY 10163-4668 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 © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2014/01) 252 of 306 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WEG PH2220 Endorsement Number: Effective Date: 07/01/19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: PROJECT PROFESSIONALS CORPORATION 4499 RUFFIN RD STE 250 SAN DIEGO CA 92123 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 05/24/19 Policy Expiration Date: 07/01/20 253 of 306 POLICY NUMBER: 72 SBW AR9250 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES C/O EXIGIS INSURANCE COMPLIANCE SERVICES P 0 BOX 4668-ECM35050-- NEW YORK, NY 10163-4668 ALL PROJECTS PER AGREEMENT. Form IH 12 00 11 85 T SEQ. NO. 002 Printed in U.S.A. Page 001 Process Date: 02/22/19 Expiration Date: 05/10/20 254 of 306 Policy Number 72SBWAR9250 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance, The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G, - Liability And Medical Expenses Definitions. A. COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. We will pay those sums that the Insured becomes legally obligated to pay as damages because of "bodily injury", 'property damage" or "personal and advertising injury" to which this insurance applies.. We will have the right and duty to defend the insured against any "suit" .seeking those damages. However, we will have no duty to defend the Insured against any "suit" seeking damages for "bodily injury", "properly damage" or "personal and advertising Injury" to which this insurance does not apply, We may, at our discretion, investigate any "occurrence" or offense and settle any claim or 'suit" that may result, But: (1) The amount we will pay for damages is limited as described In Section D. - Liability And IVledlcal Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance In the payment of judgments, settlements or medical expenses to which this Insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance) applies: (1) To "bodily injury" and "property damage" only if: (a) The "bodily injury' or "property damage" is caused by an "occurrence that takes place In the "coverage territory"; (b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured fisted under Paragraph 1, of Section Who Is An insured and no "employee' authorized by you to give or receive notice of an 'occurrence" or claim, knew that the "bodily Injury" or "property damage" had occurred, in whole or in part, If such a fisted insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "properly damage" during or after the policy period wilt be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only If the offense was committed in the "coverage territory" during the policy period, c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "properly damage" to us or any other insurer; Form SS 00 08 04 05 Page 1 of 24 C�J 2005, The Hartford 255 of 306 BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or claim for damages because of the "bodily injury`° or "property damage"; or Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily Injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury", e. Incidental Medical Malpractice (3) (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic Is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. MEDICAL EXPENSES insuring Agreement a. We will pay medical expenses as described below for 'bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that; (I) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3. COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS a. We will pay, with respect to any claim or "suit" we investigate or settle, or any "suit" against an Insured we defend; (t') (2) (3) All expenses we incur. Up to $1,000 for the cosi of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or "suit", Including actual loss of earnings up to $500 a day because of time off from work, All costs taxed against the insured In the "suit". Prejudgment interest awarded against the Insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited In court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under (1) through (7) above will not reduce the limits of insurance. (S) (6) (7) Page 2 of 24 Form SS 00 08 I" ^� 256 of 306 BUSINESS LIABILITY COVERAGE FORM b. if we defend an insured against a "suit" and an indemnitee of the Insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met; (1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee In a contract or agreement that is an "insured contract'; (2) This insurance applies to such liability assumed by the insured; The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the Insured In the same "Insured contract"; (4) The allegations in the "suit" and the Information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the iridernnitee; The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees inwriting to: (I) Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection wllh the "suit"; (III) Notify any other insurer whose coverage is available to the ndemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (I) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". (3) (5) So long as the above conditions are met, attorneys' fees incurred by us In the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 11.b.(b) of Section B. - Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance, Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurances In the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described In Paragraph (6) above, are no longer met. B. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or intended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation: of inflicting 'personal and advertising injury". b. Contractual Liability (1) "Bodily injury" or"property damage"; or (2) "Personal and advertising injury" for which the Insured is obligated to pay darnagee by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of; (a) "Bodily injury" "property damage" or "personal and advertising Injury" that the insured would have In the absence of the contract or agreement; or Form SS 00 08 04 05 Page 3-"" 257 of 306 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" assumed In a contract or agreement that Is an "Insured contract", provided the "badly injury" or "properly damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of "bodily injury" or "property damage" provided: (i) Liability to such party for, or for the cost of, that parly's defense has also been assumed in the same "insured contract', and (ii) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this Insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of (1) Causing or contributing to the Intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the Influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only If you are in the business of manufacturing, distributing, selling, serving er furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily Injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct ofthe insured's business, or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above, This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because ofthe injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (t) "Bodily injury„ "property damage" or "personal and advertising Injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any insured. However, this subparagraph does not apply to: (I) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that Is used to heat water -for personal use, by the building's occupants or their guests; (II) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or Page 4 of 24 Form SS 00 08 258 of 306 BUSINESS LIABILITY COVERAGE FORM (ill) "Bodily injury or "properly damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (I) Any insured; or (il) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location In connection with such operations by such insured, contractor or subcontractor, However, this subparagraph does not apply to: (1) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the norrnal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury," or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or (c) released as part of the operations being performed by such insured, contractor or subcontractor; (11) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought Into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (ill) "Bodily injury" or "properly damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, dean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants", (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to [lability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority, Form SS 00 08 04 05 Page 5 ' 259 of 306 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage' arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any Insured. Use includes operation and "loading or unloading" This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not ap;piy to (1) A watercraft while ashore on premises you own or rent; {2) A watercraft you do riot own that Is; (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto' is not owned by or rented or loaned to you or the insured; {4) Liability assumed under any "insured contract" for the ownership, maintenance or use of airoraft or watercraft; {5) "Bodily injury" or "property damage" arising. out of the operation of any of the equipment listed in Paragraph f,(2) or f.(3) of the definition of "mobile equipment"; or An aircraft that is not owned by any Insured and Is hired, chartered or loaned with a paid crew, However, this exception does not apply If the insured has any other insurance for such "bodily injury" or "property damage,", whether the other insurance Is primary,, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: {1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured;. or (3) (6) j. (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or In any stunting activity. i. War ,Bodily injury", "property darnage" or "personal and advertising injury" however caused, arising, directly or indirectly, out of; (1) War, including undeclared or civil war;. (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority In hindering or defending against any of these, Professional Services "Bodily Injury", "property damage" or "personal and advertising Injury arising out of the rendering of or failure to render any professional service. This includes but Is nol limited to: (3) (1) (5) (6) (7) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x-ray or nursing services treatment, advice or instruction; Any health or therapeutic service treatment, advice or instruction; Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (3) Page 6 of 24 Form SS 00 08 T Rf. 260 of 306 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting,demonstration or distribution of ophthalmic lensesand similar products; (9) Any: (a) Body piercing (not including ear piercing); (b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services; (10) Services in the practice of pharmacy; and (11) Computer consulting, design or programming services, including web site design, Paragraphs (4) and (5) ofthls exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. - Coverages. k. Damage To Property "Property damage to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization ar entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, If the "property damage" arises out of any part of those premises; (3) (4) Personal property in the caret custody or control of the insured; (5) That particular part of real property on which you ar any contractors or subcontractors working directly or indlreetly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Property loaned 10 you; Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days, A separate Limit of Insurance applies to Damage To Premises Rented To You as described in Section D. - Limits Of Insurance, Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations al a fob site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". I. Damage To Your Product. "Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n, Damage To Impaired Property Or Property Not Physically Injured ed "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition In 'your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement to accordance with Its terms. Thls exclusion does not apply to the loss of use of other property arising: out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 f 94 261 of 306 BUSINESS LIABILITY COVERAGE FORM a. Recall Of Products, Work Or impaired Property Damages claimed for any loss, cost or expense Incurred by you or others for the Toss of use, withdrawal, recall, Inspection, repair, replacement, adjustment, removal or disposal of, (1) "Your product"; (2) "Your work"; or (3) "impaired property"; if such product, work or property Is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, Inadequacy or dangerous condition In it, p. Personal And Advertising injury "Personal and advertising injury (1) Arising out of oral, written or electronic publication of material, if done by or et the direction of the insured with knowledge of its falsity; (2) Arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of a criminal act committed by or at the direction of the Insured; (4) Arising out of any breach of contract,. except an implied contract to use another's "advertising idea" in your "advertisement"; Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your „advertisement"; (6) Arising out of the wrong description of the price of goods, products or services; Arising out of any violation of any Intellectual property rights such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity. However, this exclusion does riot apply to infringement, in your "advertisement", of (a) Copyright; (b) Siogan, unless the slogan Is also a trademark, trade name, service mark or other designation of origin or authenticity; or (8) (7) (8) (c) Title of any literary or artistic work; Arising out of an offense committed by an Insured whose business is: (a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (c) An Internet search, access, content or service provider, However, this exclusion does not apply to Paragraphs a., b. and c. under the definition of "personal and advertising Injury" in Section G. Liability And Medical Expenses Definitions. For the purposes of this exclusion, placing an "advertisement" for or linking to others on your web site, by itself, is not considered the business of advertising, broadcasting, publishing or telecasting; (9) Arising out of an electronic chat room or bulletin board the insured hosts,. owns, or over which the insured exercises control; (10) Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers; (11) Arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act; (12) Arising out of: (a) (b) (c) An "advertisement" for others on your web site; Placing a link to a web site of others on your web site; Content from a web site of others displayed within a frame or border on your web site, Content includes Information, code, sounds, text, graphics or Images; or (d) Computer code, software or programming used to enable: (I) Your web site; or (II) The presentation or functionality of an "advertisement" or other content on your web site; Page 8 of 24 Form SS 00 08 04 05 262 of 306 BUSINESS LIABILITY COVERAGE FORM q• (13) Arising out of a violation of any anti- trust law; (14) Arising out of the fluctuation in price or value of any stocks, bonds or other securities; or (15) Arising out of discrimination or humiliation committed by or at the direction of any "executive officer",. director, stockholder, partner or member of the insured. Electronic Data Damages arising OW of the loss of, loss of use of, damage to, corruption of, inability to access, or Inability to manipulate "electronic data", r. Employment -Related Practices "Bodily Injury" or "personal and advertising injury" for (1) A person arising out of any: (a) Refusal 10 employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as ceerclon, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed al that person; or The spouse, child, parent, brother or sister of that person as a consequence of "bodily Injury" or "personal and advertising Injury" to the person at whom any of the employment -related practices described in Paragraphs (a), (b), or (c) above Is directed. (2) This exclusion applies; (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. s. Asbestos (1) 'Bodily Injury" "property damage" or "personal and advertising Injury" arising out of the "asbestos hazard", (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened Injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up,. remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard", t. Violation Of Statutes That Govern E- Mails, Fax, Phone Calls Or Other Methods Of Sending Material Or Information "Bodily Injury"„properly damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or Is alleged to violate: (c) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, .including any amendment of or addition to such law; or Any statute, ordinance or regulation, other than the TCPA or CAN -SPAN Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You Exception For Damage By F€re, Lightning or Explosion Exclusions c. through h. and k. through o. do not apply to damage by fire, lightning or explosion 10 premises rented to you or temporarily occupied by you with permission of the owner, A separate Limit of Insurance applies 10 this coverage as described in Section D. - Liability And Medical Expenses Limits Of Insurance. (1) (3) Form SS 00 08 04 05 Page 9 it let 263 of 306 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an „employee' of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers" compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f, Products -Completed Operations Hazard Included with the "products -completed operations hazard", g. Business Liability Exclusions Excluded under Business Liability Coverage, C. WHO IS AN INSURED 1. if you are designated In the Declarations as: a. An Individual, you and your spouse are insureds, but only with respect 10 the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business,. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to thelr duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are Insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect le their liability as stockholders. To you, to your partners or members (If you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co - "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above For which there is any obligation to share damages with or repay someone else who must pay damages because of the Injury described in Paragraphs (1 )(a} or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, e. A trust, you are an insured, Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an Insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your „employees", other than either your "executive officers" of you. are an organization other than a partnership, joint venture or limited liability company) or your managers (If you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "bodily injury" or "personaland advertising Injury": (a) (c) Page 10 of 24 Form SS 00 08 04 05 264 of 306 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", 'volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (€f you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative if You Die Your legal representative if you dle, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. G. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which Is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part, The insurance afforded herein for any subsidiary not shown in the Declarations as a named Insured does not apply to injury or damage with respect to which an insured under this insurance Is also an insured under another policy or wourd be an Insured under such policy but for its termination or upon the exhaustion of its limits of Insurance, 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting slack, will qualify as a Narned insured if there is no other sim€iar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization, 4. Operator Of Mobile Equipment With respect 10 "mobile equipment" registered in your name under any motor vehicle registration law, any person Is an insured while driving such equipment along a public highway with your permission, Any other person ar organization responsible for the conduct of such person is also an insured, but only with respect to [lability arising out of the operation of the equipment, and only If no other insurance of any kind is available to that person ar organization for this. €iability,. However, no person or organization Is an insured with respect to a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision, 5. Operator of Nottowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is nol being used to carry persons for a charge, any person is an Insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only If no other Insurance of any kind is available to that person or organization for this liability. However, no person or organization Is an Insured with respect to: a. "Bodily Injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, In the charge of or occupied by you or the employer of any person who is an Insured under this provision. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of ?l 265 of 306 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a permit issued by a slate or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the Issuance of the permit. A person or organization is an additional Insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization Is an additional insured under this provision if such person or organization is included as an additional insured by an endorsement issued by us and made a part of this Coverage Part, including all persons or organizations added as additional insureds under the specific additional insured coverage grants in Section F. —Optional Additional Insured Coverages. a. Vendors Any person(s) or organizatlorr(s) (referred to below as vendor), but only with respect to "bodily injury" or "properly damage" arising out of "your products" which are distributed or sold In the regular course of the vendors business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the 'products -completed operations hazard". (1) The Insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: "Bodily injury" or "property darnage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement, This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; Any physical or chemical change In the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container; (a) (c) (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (t) Demonstration, Installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient deny other thing or substance by or for the vendor; or "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained In Subparagraphs (d) or (f); or (II) Such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connectionwith the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any Ingredient; part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) (g) (h) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury" "property damage" or "personal and advertising injury" caused, In whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. Page 12 of 24 Form SS 00 08 04 05 266 of 306 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded to these additional insureds, this Insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. e. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arrising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional Insureds, this insurance does not apply to: (a) Any 'occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (h) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization, d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, 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 connection with your premises; car (b) In the performance of your ongoing operations performed by you or on your behalf, (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, ar failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions ('1) Any state or poiitical subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has Issued a permit, (2) With respect to the Insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising Injury" arising out of operations performed for the state or municipality; or (b) "Bodily Injury" or "property damage" included within the "products - completed operations hazard". Any Other Party (1) Any other person ar organization who is not an insured under Paragraphs a. through e, above, 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 ori your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products- compieted operations hazard", but only if (I) The written contract ar written agreement requires you to provide such coverage to such additional insured; and (II) This Coverage Part provides coverage for "bodily Injury" or "property damage" included within the "products - completed operations hazard". (2) With respect to the insurance afforded to these additional Insureds, this insurance does not apply to, "Bodily injury""property damage" or 'personal and advertisinginjury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: Farm SS 00 08 04 O5 Page 13 f 24 267 of 306 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection,. architectural or engineering activities. The limits of insurance that apply to additional Insureds are described In Section D. — Limits Of insurance.. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Lirnits of insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "sults" brought; or c. Persons or organizations making claims or bringing "suits", 2. Aggregate Limits The most we will pay for; a. Damages because of "bodily injury" and 'property damage" Included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury" "property damage" or "personal and advertising injury"r Including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad, This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person Is the Medical Expenses Limit shown in the Declarations, 4. Personal And Advertising Injury Limit Subject to 2.b, above, the most we will pay for the sum of all damages because of ail "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit Is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of darnage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional insureds The most we will pay on behalf of a person or organization who is an addittonai insured under this Coverage Part is the lesser af; a. The limits of Insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations, Such amount shall be a part of and not in addition to the Limits of insurance shown in. the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 0S 268 of 306 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements Is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of thls Coverage Part apply separately to eachconsecutive annual period and to any remaining period of less than 12 months, starling with the beginning of the policy period shown En the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months, In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL. CONDITIONS 1. Bankruptcy Bankruptcy or Insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part, 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include; (1) How, when and where the "occun ence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" Is brought against any insured, you or any additional insured must: (1) 'Immediately record the specifics of the claim or "suit" and the date received; and (3) (2) Notify us as soon as practicable, You or any additional insured must see to It that we receive a written notice of the claim or"suit" as soon as practicable,, c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; Authorize us to obtain records and other Information; Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, In the enforcement of any right against any person or organization that may be liable to the insured because of Injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No Insured will, except at that Insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance It we cover a claim or "suit" under this Coverage Part That may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional Insured's own insurance, f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to; (2) (3) (1) You or any additEonal insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; Any manager, If you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. (3) Form SS 00 08 04 05 Page 15 of 24 269 of 306 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy far "bodily injury" liability and "property damage" liability will comply with theprovisions of the law to the extent of the coverage and limits of insurance required by that law, b. With respect to "mobile equipment' to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages, 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us Into a "suit" asking for damages from an insured; or b, To sue us on this Coverage Form unless all of its terms have been fully compiled with, A person or organization may sue us to recover on an agreed settlement or on a final judgment. against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the Insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Namect Insured were the only Named Insured; and b. Separately to each insured against whom a claim Is made or "suit" is brought. G. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements In the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fall to disclose all hazards refacing to the conduct of your business al the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure, 7. Other insurance If other valid and collectible insurance Is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary insurance This insurance is primary except when b. below applies. If other insurance Is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other Insurance, whether primary, excess, contingent or on any other basis; (1) YourWork That is Fire, Extended Coverage, Builder's Risk, Instailaclon Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with perrrrisslon of the owner; Tenant Liability That Is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft if the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. - Coverages. Property Damage To Borrowed Equipment Or Use Of Elevators €t the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k, of Section A. - Coverages. (3) (5) Page 16 of 24 Form SS 00 08 04 05 270 of 306 BUSINESS LIABILITY COVERAGE FORM (7) (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for whichyou have been added as an additional insured by that insurance; or When You Add Others As An Additional Insured To This insurance That is other Insurance available to an additional insured. However, the following provisions apply to other Insurance available to any person or organization who Is an additional insured under this Coverage Part: (a) (b) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this Insurance be primary. If other insurance Is also primary, we will share with all that other insurance by the method described in c. below. Primary And Non -Contributory To Other insurance When Required By Contract If you nave agreed Ina written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured, When this insurance is excess, we will have no duly under This Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitledto the Insured's rights against all those other Insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: The total amount that all such other insurance would pay for the loss in the absence of this insurance; and The total of all deductible and self- insured amounts under alt that other insurance. We will share the remaining loss, If any, with any other insurance that is not described In this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each Insurer's share is based on the ratio of Its applicable limit of Insurance to the total applicable limits of Insurance of ail insurers.. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, Including Supplementary Payments, we have made under this. Coverage Part, those rights are transferred io us. The Insured must do nothing after foss to impair them. At our request, the insured will bring "cult" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) if the insured has waived any rights of recovery against any person or organization for all or part of any payment, Including Supprementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. (1) (2) Form SS 00 08 04 05 Page 17 of 24 271 of 306 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDiTiONAL INSURED COVERAGES If fisted or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown In the Declarations, but only with respect to liability for "bodily injury", property damage" or "personal and advertising injury„ caused, In whole or in pan, by your acts or omissions or the acts or omissions of those acting on your behalf: a. in the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured W Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown In the Declarations as art Additional insured - Designated Person Or Organization; but only with respect to ilability arising out of the ownership, maintenance or use of that part of the premises feasedto you and shown in the Declarations, b. With respect to the insurance afforded to these additional insureds, the following additional exciusione apply: This insurance does not apply to: (1) Any '°occurrence" which takes place after you cease to be a tenant In that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 3. Additional Insured - Grantor Of Franchise WHO iS AN INSURED under Section C. is amended to include as an additional Insured the person(s) or organization(s) shown In the Declarations as an Additional insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. Is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations a an Additional Insured. W Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equiprirent leased to you by such person(s) or arganization(s), b. With respect to the insurance afforded to these additional insureds, This insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. 5. Additional Insured Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown. In the Declarations as an Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the fand leased to you and shown in the Declarallons.. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to; (1) Any "occurrence that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization, 6. Additional Insured - State Or Political Subdivision _ Permits a. WHO IS AN INSURED under Section C. Is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 272 of 306 BUSINESS LIABILITY COVERAGE FORM Insured - State Or Political Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply This insurance does not apply to: (1) "Bodily injury""property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury'" or "property damage" Included in the "product -completed operations" hazard. 7. Additional Insured - Vendors a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional insured - Vendor, but only with respect to "bodily injury" or "property damage' arising out of "your products" which are distributed or sold in the regular course of the vendors business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". b. The insurance afforded to the vendor is subject to the foliowing additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of ilabll"ity in a contractor agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contractor agreement; (b) Any express warranty unauthorized by you; Any physical or chemical change in the product made Intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, (c) (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normalcy undertakes to make in the usual course of business, In connection with the distribution ar sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises In connection with the sale of the product (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or Ingredient of any other thing or substance by or for the vendor, or (h) 'Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply 10: (I) The exceptions contained in Subpareg:raphs (d) or (f) or (it) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person ar organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured - Controlling Interest WHO IS AN INSURED under Section C. is amended to include as an additional Insured the person(s) or organization(s) shown In the Declarations as an Additional Insured - Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. Form SS 00 08 04 05 Page 19 of 24 273 of 306 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization, 9. Additional Insured -- Owners, Lessees Or Contractors — Scheduled Person Or Organization a. WHO iS AN INSURED under Section G. Is amended to Include as an additional insured the person(s) or organizallon(s) shown In the Declarations as an Additional Insured -M Owner, Lessees Or Contractors, 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: (1) In the performance of your ongoing operations for the additional insured(s); or in connection with "your work" performed for that additional insured and included within the "products - completed operations hazard", but only if this Coverage Part provides coverage for "bodily injury" or "property damage included within the „products -completed operations hazard". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury" "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including. (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications.; or (2) Supervisory, inspection, architectural or engineering activities, 10. Additional Insured — Co -Owner Of insured Premises WHO IS AN INSURED under Section C. is amended to inc€ude as an additional Insured the person(s) or Organization(s) shown In the Declarations as an Additional Insured — Co - Owner Of Insured Premises, but only with respect to their liability as co-owner of the premises shown in the Declarations. (2) The limits of insurance that apply to additional insureds are described in Section D. Limits Of insurance. How this insurance applies when other insurance Is available to an additional Insured Is described in the Other insurance Condition in Section E. -- Liability And Medical Expenses General Conditions, G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means the widespread public dissemination of Information or images that has the purpose of Inducing the sale of goods, products or services through, a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The. Internet, but only that part of a web site that is about goods, products or services for the purposes of inducing the sale of goods, products or services; or c. Any other publication that is given widespread nubile distribution.. However, "advertisement" does not Include: a. The design, printed materiai, Information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an „advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 274 of 306 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. international waters or airspace, but only If the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a,. above, but is away for a short line on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages Is determined in the United States of America (including Its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law to such territory, or in a settlement we agree to. i. "Electronic data" means Information, facts er programs; a. Stored as or on; b. Created or used on; or c. Transmitted to or from computer software, including systems and applications software, hard or floppy disks,. CID-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 8. "Employee" includes a "teased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where €1 was intended to be. 11. "Impaired property" means tangible property, other than "your product' or "your work", that cannot be used or is Tess useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a, A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. — Liability and Medical Expenses Limits of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to Indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality In connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf, Tort liability means a liability that would be unposed by law in the absence of any contract or agreement. Paragraph f, includes that part of any contract or agreement that indemnities a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel,. underpass or crossing, However, Paragraph f, does not include that part of any contract or agreement, Form SS 00 08 04 05 Page 21 of 24 275 of 306 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, engineer or surveyor for Injury or damage arising out of (a) Preparing, approving or failing to prepare or approve maps,shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or Instructions, or falling to give them, if that is the primary cause of the Injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an Injury or damage arising out of the insureds rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person !eased to youby a labor leasing firm under an agreement between you and the labor teasing firm, to perform duties related to the conduct of your business. "Leased worker" does not Include a "temporary worker", 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto'; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft,. watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the ,movement of properly by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles thattravel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted; (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c.„ or d. above that are not self-propelled and are maintained primarily to provide rnobility to permanently attached equipment of the following types Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, sighting and well servicing equipment; ar (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo.. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos". (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance. but not construction or resurfacing; or (c) Street cleaning; Cherry pickers and similar devices mounted on automobile ar truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment, 16, "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, Including consequential "bodily injury', arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; (1) (2) Page 22 of 24 Form SS 00 08 J4 05 276 of 306 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner„ landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, hi your "advertisement", a person's or organizatlon's "advertising idea" or style of"advertisement";. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal Irritant or contaminant, Including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard`; a. Includes all "bodily Injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: g.. (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work scalded for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its Intended use by any person or organization other than another contractor or subcontractor working on the sarne project. Work that may need service, maintenance, correction, repair or replacement, but which Is otherwise complete, will be treated as completed. The "bodily Injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. lb. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the Injury or damage arises out of a condition In or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials, 20. "Property damage" means: a. Physical Injury to tangible property, including all resulting Joss of use of that property. AD such loss of use shall be deemed to occur at the time of the physical injury that caused it, or b. Loss of use of tangible property that is not physically Injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused It, As used In this definition, "electronic data" Is not tangible property, 21. "Sult" means a civil proceeding in which damages because of "bodily Injury" "property damage" or "personal and advertising injury" to which this insurance applies are alleged. „Sun" includes: a. An arbitration proceeding in which such. damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your "employee"; Form SS 00 08 04 05 Page 23 of 24 277 of 306 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; c. Acts al the direction of and within the scope of duties determined by you; and d. is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name;. or (c) A person or organization whose business or assets you have acquired; and Containers (other than vehicles)„ materials, parts or equipment furnished in connection with such goods or products. b. includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations, b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or Instructions. Page 24 0 24 Form SS 00 08 04 05 278 of 306 PROJECT PROFESSIONALS CORPORATION June 10, 2019 Roberto Yano, P.E. Deputy City Engineer City of National City Department of Engineering & Public Works 1243 National City Blvd. National City, CA 91950 EXHIBIT A RE: Request for Qualifications (RFQ) for On -Call Project Support Services for National City's Capital Improvements Program Dear Mr. Yano, Please accept this Statement of Qualifications (SOQ) in response to your Request for Qualifications (RFQ) for on -call support services for National City's capital improvement program. PPC submits this SOQ for the following disciplines: Disciplines 1. Civil Engineering, PPC, Chen Ryan (DBE) 2. Traffic Engineering, Chen Ryan (DBE) 3. Traffic Data Collection, Chen Ryan (DBE) 4. Transportation Planning, Chen Ryan (DBE) 5. Land Surveying, Alta Land Surveying (DBE) 6. Geotechnical, MTGL (DBE) 7. Construction Management & Inspections (including Certified Payroll), PPC 8. Graphic Design/Web Design, PPC 9. Community Outreach, PPC 10. Engineering & Project Management, PPC, Chen Ryan (DBE) 11. Grants Management, PPC, Chen Ryan (DBE) 12. Municipal Code support services, PPC At PPC, we take pride in our continued service to all of our clients and especially our most valued client, the City of National City. PPC's ability to keep all of our clients for as long as we have demonstrated our continued dedication to superior service and attention to detail. We continually 4499 RUFFIN ROAD, SUITE 250 PPC-SD.COM SAN DIEGO, CALIFORNIA 92123 TELEPHONE 858.634.8180 FACSIMILE 858.634.8184 279 of 306 Project Professionals Corporation Page 2 of 2 evolve with the industry and current law to provide our clients leading edge service and deliverables. Headquartered in San Diego, Project Professionals Corporation is a local engineering and project/construction management firm with staff members that built an over 30-year track record of delivering successful capital improvements projects. Our highly experienced project and construction managers, engineers, inspectors and administrators will work collaboratively with your team and the appropriate stakeholders to ensure the successful completion of your projects. Although PPC is growing into a firm with even greater capabilities, National City staff will always have direct access to our firm's leadership, while also providing a responsive and agile team that can manage large projects and react quickly to changing project dynamics. PPC's unique experience and project management approach combine a strong legal background based in contract law, decades of experience and thoughtful value engineering to successfully manage capital improvement projects. I am also a California licensed and practicing attorney specializing in construction contract drafting, dispute resolution and litigation. For over 25 years, I brought these skills and knowledge to bear for the benefit of our clients and continue to do so. We are thankful to National City for the trust it has placed with us over the years to represent the City and to deliver its projects. I personally feel a great sense of loyalty to National City and strongly wish to continue this successful and gratifying relationship over the term of your next on - call contract. We take no exception to this Request for Qualifications. PPC does not have a DBE certification. Thank you for your consideration and this opportunity to bring PPC's level of service to National City. We look forward to discussing our proposal with you. Sin/erely, / S. Wade L4r`esident/CEO 4499 RUFFIN ROAD, SUITE 250 PPC-SD.COM SAN DIEGO, CALIFORNIA 92123 TELEPHONE 858.634.8180 FACSIMILE 858.634.8184 280 of 306 ON -CALL PROJECT SUPPORT SERVICES FOR National City's Capital Improvement Program (CIP) -- CA LIFOR4IA - NATIONAL. CITY +N<'Aglua ATTU EXECUTIVE SUMMARY Headquartered in San Diego, Project Professionals Corporation is a local engineering and project/construction management firm with staff that has built an over 30-year track record of delivering successful capital improvement projects. PPC's highly experienced project and construction managers, engineers, inspectors and administrators will work collaboratively with National City's team, and the appropriate community stakeholders, to ensure the successful completion of city projects. The modest size of PPC offers National City staff direct access to the firm's leadership, while also providing a responsive and agile team that can manage large projects and react quickly to changing project dynamics. PPC's unique experience and project management approach combine a strong legal background based in contract law, extensive design work and thoughtful engineering to successfully manage the capital improvement projects included in the City of National City's capital improvement program. PPC has extensive experience managing several projects within the same jurisdiction and has previously assembled teams that performed multiple functions for National City. This creates efficiencies that would otherwise be difficult to duplicate. Overlapping personnel on various projects helps develop a keen understanding of National City's particular processes for all types of projects, translating into substantial project cost savings and ensuring continuity. All PPC activities begin with Byron Wade, the company's President/CEO. Byron takes a personal role in all projects from team building and scoping, to community outreach and project delivery. He stays engaged and active on every project and is the primary contact for PPC. Based on relevant experience, PPC is confident it can successfully provide the following services identified in your RFQ: P Disciplines 1. Civil Engineering, PPC, Chen Ryan (DBE) 2. Traffic Engineering, Chen Ryan (DBE) 3. Traffic Data Collection, Chen Ryan (DBE) 4. Transportation Planning, Chen Ryan (DBE) 5. Land Surveying, Alta Land Surveying (DBE) 6. Geotechnical, MTGL (DBE) 7. Construction Management & Inspections (including Certified Payroll), PPC 8. Graphic Design/Web Design, PPC 9. Community Outreach, PPC P C 281 of 306 PROJECT PROEE561ONALS CORP ON -CALL PROJECT SUPPORT SERVICES FOR National City's Capital Improvement Program (CIP) CALIFORNIA -- NATIONAL CITY sss! 10. Engineering & Project Management, PPC, Chen Ryan (DBE) 11. Grants Management, PPC, Chen Ryan (DBE) 12. Municipal Code support services, PPC PPC is especially knowledgeable in managing state and federally funded projects. With our strong reputation and relationships with state and federal regulators and auditors, we are in the best position to keep National City's state and federal projects in compliance. This will also benefit National City on future grant applications. PPC's professional staff members are all from the greater San Diego area with most of their cumulative experience in the South Bay including National City and Chula Vista. PPC can provide that local knowledge for the benefit of National City. With Byron Wade as a licensed California attorney, PPC offers all of its services with experience and expertise unique to the engineering consulting community. Byron's strong background in construction and municipal law affords our clients a tremendous advantage in contract drafting, negotiations and claims defense. We believe PPC earned your trust through a strong track record of success with National City's projects that we have helped bring about, manage and defend. Together, the PPC and National City teams can effectively address the repair, replacement and expansion of the City's physical infrastructure system. PPC's subconsultant team is specially assembled to meet all the requirements as listed under each subconsultant's specialty and are local certified DBE firms. Chen Ryan Associates is especially familiar with the City of National City and all their listed disciplines. Alta Land Surveying has a strong reputation in the civil engineering community providing land surveying services at competitive prices. MTGL, Inc. gives the City a rare opportunity to provide geotechnical services while meeting DBE requirements. With this team, PPC can deliver services to grant projects that far exceed the 6% DBE goals. P P C 282 of 306 PROJECT PAOrCsS c NALS CORP EXHIBIT B PROJECT PROFESSIONALS CORPORATION Rate Schedule Effective through December 31, 2022 Prevailing Wage Inspectors increases shall occur concurrently with DIR directed rate increases Title President/CEO Principal Construction Manager Senior Construction Manager Construction Manager III Construction Manager II Construction Manager I Principal Civil Engineer Senior Civil Engineer Civil Engineer Assistant Civil Engineer Communications Director Senior Administrator Administrative Assistant Intern Prevailing Wage Assignments: Hourly Rate $275 230 185 165 145 120 230 185 165 145 130 95 85 50 Title Prevailing Wage Rate Base Special/Multi Shift 1 % x OT 2 x OT Public Works Inspector $155 $156* $204 $254 Minimum billing increments shall be 0.25 hours. Minimum daily billing for inspector is 4 hours. Normal work hours: 8:00 a.m. — 5:00 p.m. PPC Holidays per handbook are: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day and New Year's Eve. Overtime — Overtime shall be billed at the normal hourly rates for all staff except inspectors. *Inspectors are paid in accordance with the applicable State or Federal prevailing wage requirements for overtime, special shifts and multi -shifts. Minimum daily shift is 4 hours. Mileage charged at the current federal rate. Incidental copies are including in the hourly rate. 4499 Ruffin Road, Suite 250 PPC-SD.COM telephone 858.634.8180 San Diego, California 92123 facsimile 858.634.8184 283 of 306 CC/CDC-HA Agenda 11/5/2019 — Page 284 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - Soldier Ride San Diego sponsored by Wounded Warrior Project on November 22, 2019 from 9 a.m. to 12 p.m. with no waiver of fees. (Neighborhood Services) Please scroll down to view the backup material. 284 of 306 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 5, 2019 AGENDA ITEM NO.: ITEM TITLE: Temporary Use Permit — Soldier Ride San Diego sponsored by Wounded Warrior Project on November 22, 2019 from 9 a.m. to 12 p.m. with no waiver of fees. PREPARED BY: Dionisia Trejo DEPARTMENT. Neighborhood Services PHONE: 619-336-4255 APPROVED BY: -e--, EXPLANATION: This is a request from the non-profit organization Wounded Warrior Project to conduct the Soldier Ride San Diego through San Diego County on November 22, 2019. 60 participants are expected for this event. OUTBOUND — The course begins at Fire Station 34 at 9:15 a.m. Riders will turn right (west) onto 16th Street, then left (south) down National City Boulevard. Riders will continue to E Street in Chula Vista, to Bonita Road. Riders will follow Bonita Road to Sweetwater Road. Riders will continue on Sweetwater until Rohr Park. Riders will stop at Rohr Park for approx. 30 minutes for water break, then continue on Sweetwater Road until it becomes 30th Street. Riders will turn right (north) on J Street, then left (west) on 16th Street, ending back at the Fire Station 34. This Peloton will be led by California Highway Patrol, San Diego Police Department personnel and AMR trailing for safety reasons. No roads need to be closed for this ride. Event course is mapped and listed. NOTE: On October 15, 2019 City Council approved a similar event. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: FINANCE APPROVED: MIS City fee of $272.00 for processing the TUP through various City departments. Total fees: $272.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION ❑ FINAL ADOPTION ❑ STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Application for a Temporary Use Permit with recommended conditions of approval. 1285 of 3 6 CALIFORNIA «.( NATIONAL City •r• tk D1C.6RPORATED Type of Event I I Fair/Festival n TUP City of National City • Neighborhood Services Department 1243 National City Boulevard • National City, CA 91950 (619) 336-4364 ■ fax (619) 336-4217 www.nationalcityca.gov Special Event Application nParade/March El Sporting Event Event Name & Location Event Title Soldier Ride San Diego Walk or Run rConcert/Performance Other (specify) Adaptive Bicycle Ride Event Location (list all sites being requested) Fire Station 34 to Liberty Station and back. Event Times Set -Up Starts Date 11/22/19 Time 7:O0am Day of Week Friday Event Starts 9:OOam Friday Date 11/22/19 Time Day of Week Event Ends 12:OOpm Friday Date 11/22/19 Time Day of Week Breakdown Ends Date 11/22/19 Time 1:OOpm Applicant Information Applicant (Your name) Claudia Doyle Day of Week Friday 70 m 0 m m LCD Sponsoring Organization Wounded Warrior Project Event Coordinator (if different from applicant) Mailing Address 1 S Nevada Ave Suite 205 Colorado Springs, CO 80903 Day Phone 904-832-5326 After Hours Phone Cell Fax Public Information Phone E-mail cdoyle@woundedwarriorproject.c Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against arty and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attomey's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for application processing and facility use and that fees and charges are adjusted annually and are subject to change. Signature of Applicant: 1 --- Date C fL2)161 286 of 306 Special Event Application (continued) Please complete the following sections with as much detail as possible since fees and requirements are based on the information you provide us. Fees/Proceeds/Re ortin Is your organization a "Tax Exempt, nonprofit" organization? Yes Non Are admission, entry, vendor or participant fees required? Yes n No 7 If YES, please explain the purpose and provide amount (s): $Estimated Gross Receipts including ticket% product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Descri tion-of Event nFirst time event 1 Returning Event WI i include site map with application Note that this description may be published in our City Public Special Events Calendar: WWP will conduct an adaptive bike ride from National City Fire Station 34 to Rohr Park.. f and back. We are expecting 50-60 riders. We will have police leading and trailing, and AMR wit be trailing as well We plan to set up at Tam at the fire station, and leave no later than 9:00am, arriving back by 12pm. :Estimated Attendance Anticipated # of Participants: 60 Anticipated # of Spectators: 0 2 287 of 306 L Traffic Control, Securit , First Aid and Accessibility Requesting to close street(s) to vehicular traffic? YesJ No €Y I List any streets requiring closure as a result of the event (provide map): We will have a police escort, Date and time of street closure: Date and time of street reopening: Other (explain) Requesting to post "no parking" notices? Yes I I No l l Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): Other (explain) Security and Crowd Control. Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Internal Security: Police services have been provided by HWY patrol In the past, looking at asking fro support from City of San Diego. Have you hired Professional Security to handle security arrangements for this event? Yes NoE If YES, name and address of Security Organization Security Director (Name): Phone: If using the services of a professional security firm and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, emproyees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission. . Is this a night event? Yes No 1P If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: 288 of 306 First Aid Depending on the number of participants, our event may require specific First Aid services. 1 aid station to be staffed by event staff? Yes No First aid/CPR certified? Yes No vi First aid station to be staffed by professional company. Is Company AMR if using the services of a professional medical organization/company and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrencel$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission. Accessibilit Please describe your Accessibility Plan for access at your event by individuals with disabilities: only thing required is our adaptive equipment, which is provided by us. Elements of our Event Setting up a stage? Yes — NoFj ERequesting City's PA system ERequesting City Stage; if yes, which size? [1 Dimensions (13x28) Applicant providing own stage s (Dimensions) Setting up canopies or tents? # of canopies size # of tents size No canopies/tents being set up 4 Dimensions (20x28) 289 of 306 Setting up tables and chairs? Furnished by Applicant or Contractor # of tables # of chairs No tables being set up No chairs being set up n(For City Use Only) Sponsored Events Does not apply to co -sponsored events # of tables No tables being set up #. of chairs El No chairs being set up Contractor Name Contractor Contact Information Address Setting up other equipment? Sporting Equipment (explain) Other (explain) riNot setting up any equipment listed above at event Having amplified sound and/or music? Yes City/State Phone Number Non PA System for announcements -ICD player or DJ music L Live Music ► E]Small 4-5 piece live band ► Large 6+ piece live band Other (explain) if using live music or a DJ. ► Contractor Name Address 5 City/State Phone Number 290 of 306 ll Using lighting equipment at your event? Yes No Bringing in own lighting equipment Using professional lighting company ► Company Name Address City/Slate Phone Number Using electrical `power? Yes I. No Using on -site electricity For sound and/or lighting Bringing in generator(s) n For sound and/or lighting C Using Kimball Park Bowl Lighting (from to ) For food and/or refrigeration i l For food and/or refrigeration Vendor Information PLEASE NOTE: You may be required to apply for a temporary health permit if food or beverages are sold of given away during your special event. Also see 'Permits and Compliance' on page 6 in the Special Event Guide. For additional Information on obtaining a temporary health permit, please contact the County of San Diego Environmental Health at (619)338-2363. Having food and non-alcoholic beverages at your event? Yes No[ I Vendors preparing food on -site ► # ► Business License # If yes, please describe how food will be served and/or prepared: If ou intend to cook food in the event, area please s ecify the method: GAS -LECTRIC CHARCOAL, OTHER (Specify): Vendors bringing pre -packaged food ► # ► Business License # nVendors bringing bottled, non-alcoholic beverages (Le., bottled water, can soda, etc.) IP # _IVendors selling food # ► Business License #(s) EVendors selling merchandise # 1► Business License #(s) Food/beverages to be handled by organization; no outside vendors nVendors selling services # Is Business License #(s) ► Explain services Vendors passing out Information only (no business license needed) # ► Explain type(s) of information nNo selling or informational vendors at event 6 291 of 306 Having children activities? Yes Non PLEASE NOTE: In the event inflatable jumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event. The application should be filed out at least one week prior to the event. For questions or to obtain a copy of the "Facility Use Application", please contact the Engineering/Public Works Department at (619) 336-4580. Inflatable bouncer house # l Rock climbing wall Height nInflatable bouncer slide # Arts & crafts (i.e., craft making, face painting, etc.) C Carnival Rides Fl7ther Having fireworks or aerial display? Yes nVendor name and license # Dimensions Number of shells No Duration Max. size PLEASE NOTE: In the event fireworks or another aerial display is planned for your event, The City of National City requires commercial liability Insurance with limits of at least $2 Million dollars per occurrence/ $4 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event. Depending on the size and/or nature of the fireworks display, the City reserves the right to request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire Department and the cost is $545.00 Arranging for media coverage? Yes t/ No nYes, but media will not require special set-up Yes; media will require special set-up. Describe 7 292 of 306 EIPMEMI PLEASE NOTE: For City sponsored or co -sponsored events, banners publicizing the event may be placed on the existing poles on the 1800 block and 3100 block of National City Boulevard. The banners must be made to the City's specifications. Please refer to the City's Special Event Guidebook and Fee Schedule for additional information. Are you planning to have signage at your event? Yes Yes, we will post signage # Non Dimensions Yes, having inflatable signage # ► (complete Inflatable Signage Request form) Yes, we will have banners # What will slgnslbanners say? How will signs/banners be anchored or mounted? Location of banners/signage Waste Management PLEASE NOTE: One toilet for every 250 people is required, unless the applicant can show that there are sufficient facilities in the immediate area available to the public during the event. No� Are you planning to rrovide portable restrooms at the event? Yes If yes, please identify the following: ► Total number of portable toilets: ► Total number of ADA accessible portable toilets: Contracting with portable toilet vendor. ► T Company Phone ► Load -In Day & Time _ . - . _- ► Load -out Day & Time Portable toilets to be serviced. ► Time Set-up,Breakdown, Clean'u Setting up the day before the event? Yes, will set up the day before the event. ► # of set-up day(s) No, set-up will occur on the event day Requesting vehicle access onto the turf? []Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) No, vehicles will load/unload from nearby street or parking lot. 8 293 of 306 NPDES-t.,Itter Fence City to install litter fence _JApplicant to install litter fence nN/A I Breaking down set-up the day after the event? [}Yes, breakdown will be the day after the event. ► # of breakdown day(s) 1 1 No, breakdown will occur on the event day, How are you handling clean-up? I Using City crews 171 l Using volunteer clean-up crew during and after event, riUsing professional cleaning company during and after event. Miscellaneous: Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 9 294 of 306 NiatONALtirr • {trek . I. Special Event Information Special Events Pre -Event Storm Water Compliance Checklist Name of Special Event: Wounded Warrior Project Soldier Ride Event Address: 343 E 16th St, National City, CA 91950 Expected Itof Attendees: 60 Eyent.Host/Coordinator Claudia Doyle Phone Number: 9648325326 II, Storm Water Best Management Practices (BMPs) Review YES NO N/A Will enough trash cans provided for the event? Provide number of trash bins: Will enough recycling bins provided for the event? Provide number of recycle bins: Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) Do all storm drains have screens to temporarily protect trash and debris from entering? Are spill cleanup kits readily available at designated spots? * A Post -Event Storm Water Compliance Checklist will be completed by City Staff. 10 295 of 306 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons, requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Bests Guide Rating of AA/Hand that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Wounded Warrior Project Organization; ._. . Person in Charge of Activity:. Claudia Doyle Address: 1 S Nevada Ave Suite 205 9048325326 11122119 Telephone:. Date(s) of Use: HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorney's fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant: Soldier Ride Logistics Coordinator Official Title: Date: 06/06/2019 For Office Use Only Certificate of Insurance Approved 11 Date 296 of 306 SD Fire Station Ride ountalni ES'.' CO 0 0 r-I N r-I N to 4-4 Nava: Base Sar Diego atonal CI-e Nanona ildlife Refuge er rid -117,0922 Salt:Diego Bay�y�a.t�'ronai ��',ti':fClFA _. -117.0922 -117.0568 south. cantat -117.0508 Ja ;acted RIDE WITH GPS -117.0214 14.2 miles, T 477/-476feet Skylin? /. 5.;)s-Istre -I ViSfc -117.0214 1a Presa• Wl Pre sJ afonei' 0 s 011 - = aD OpenStreetMap 100..---_... 50 '0 ete (feet) 2 6 8 distance in mites 10 12 14 17 297 of 306 SD Fire Station Ride Num Dist Prev Next 1. 0.0 0.0 0.0 2. , 0.0 ' 0.0 ' 0.2 3. 0.2 0.2 1.5 0.2 miles. +0/-27 feet Num Dist Prev Next 4. 1.7 1.5 0.5 5. 2.2 0.5 ': 0.6 2.0 miles. +21/-2 feet VO P OpenStreetMa 13 Num Dist Prev Next 6. 2.9 0.6 1.0 7. 3.9 1.0 1.8 1.7 miles. +47/-81 feet Num Dist Prev Next 8. , 5.7 1.8 0.0 5.7 0.0 2.0 1.8 miles. +01-0 feet 14 Num Dist Prev Next 10. 7.7 2.0 0.3 11. 7.9 0.3 2.2 2.2 miles. +7/-6 feet Num. Dist Prev Next 12. 10.2 2.2 2.5 13. 12.6 2.5 0.3 4.7 miles. +96/-150 feet 15 Num Dist Prey Next 14. 12.9 0.3 0.9 15. 13.8 0.9 0.4 1.2 miles. +47/-5 feet Num Dis' 7,-ev Next 16. 14.2 0.4 0.0 0.4 miles. +0/-0 feet 16 301 of 306 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Wounded Warrior Project EVENT: Soldier Ride San Diego DATE OF EVENT: November 22, 2019 APPROVALS: COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES_ [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY DEVELOPMENT YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: PUBLIC WORKS (619)366-4580 No involvement POLICE DEPARTMENT A bulletin information Form (BIF) will be created for all patrol personnel working during the event times listed. National City Police Traffic Division Sergeant has been notified of this event. Per the event application there is a request for California Highway Patrol and San Diego Police Department personnel. There is no request for National City Police Depaituient assistance. ENGINEERING No comments CITY ATTORNEY Approved on conditions that Risk Manager approves 302 of 306 17 COMMUNITY SERVICES No involvement COMMUNITY DEVELOPMENT Planning No comments Building No comments Neighborhood Services Neighborhood Notifications — Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. FIRE (619) 336-4550 No fees for this event Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. Emergency services access shall be given to all emergency apparatus upon approach 2) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes 3) First Aid will be provided by organization 4) Fees can only be waived by City Council 303 of 306 18 RISK MANAGER (619) 336-4370 Risk Management has reviewed the above captioned request to for the issuance of a Temporary Use Permit. It is recommended that as a condition of the issuance of the permit that the following documents must be provided: • A valid copy of the Certificate of Liability Insurance. • That theinsurancepolicy must have a combined single limit of no less than $1,000,000.00 (ONE MILLION DOLLARS) and $2,000,000.00 (TWO MILLION DOLLARS) in aggregate that would cover the date and location of the event. • The applicant must provide a separate additional insured endorsement wherein it notes as the additional insured as "The City of National City, its officials, agents, employees and volunteers". • The applicant's medical provider has previously provided the Certificate of Liability Insurance and supporting additional insured endorsements for this event • That the insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuance of the Temporary Use Permit. • The Certificate Holder must reflect: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA. 91950-4301 It should be noted that the Indemnification and Hold Harmless Agreement were properly executed by the applicant at the time the Special Event Application was submitted FINANCE "Wounded Warrior Project" needs to complete the business license application. 304 of 306 19 CC/CDC-HA Agenda 11/5/2019 — Page 305 The following page(s) contain the backup material for Agenda Item: City Council Meeting Schedule for January 2020. (City Clerk) Please scroll down to view the backup material. 305 of 306 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE November 5, 2019 AGENDA ITEM NO. ITEM TITLE: City Council Meeting Schedule for January 2020. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City Clerk, PHONE: 1(619) 336-4226 APPROVED BY: EXPLANATION: The City Council approved work furlough will result in City Hall being closed from December 23, 2019 until January 6, 2020. Consequently, the City Council Meeting schedule for January 2020 will need to be modified. In order to provide the public with proper notice, it is recommended that the City Council adopt a motion dispensing with the January 7, 2020 Regular Meetings of the City Council and Successor Agency and adjourn the Regular Meetings of December 17, 2019 to the next Regular Meeting to be held on January 21, 2020. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: The City Council adopt a motion dispensing with the January 7, 2020 Regular Meetings of the City Council and Successor Agency and adjourn the Regular Meetings of December 17, 2019 to the Next Regular Meeting to be held on January 21, 2020. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: N/A I 306 of 3061