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HomeMy WebLinkAboutDraft Agenda Packet - 11-19-19 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 �ACORPORATED 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 19, 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 449 CC/CDC-HA Agenda 11/19/2019 — 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 449 CC/CDC-HA Agenda 11 /19/2019 — 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 AWARDS AND RECOGNITIONS PRESENTATIONS 1. San Diego County Regional Airport Authority - Airport Development Plan Update. (Mark West, Board Member, SDCRAA and Brendan Reed, Director, Planning and Environmental Affairs, SDCRAA) 2. Quarterly Report by A Reason to Survive (ARTS). (Community Services) 3. Recap on Family Tennis Day held on Saturday, October 12, 2019 at El Toyon Park Tennis Courts. (Community Services) 4. 2020 Storm Water Calendar Presentation - Kathy Masters, Sr. Office Assistant. (Engineering/Public Works) 5. Kimball and Morgan Towers -Property Management Update. (Mercy Housing) 6. Update on Small Cells. (City Attorney) INTERVIEWS / APPOINTMENTS REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 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 3 of 449 CC/CDC-HA Agenda 11 /19/2019 — Page 4 such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) 8. Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into an agreement with Vigilant Systems, LLC. to access Law Enforcement License Plate Data stored on their systems. (Police) 9. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Third Amendment to the HOME Community Housing Development Organization (CHDO) Funding Agreement dated June 30, 2017 between the City of National City and San Diego Habitat for Humanity Community Housing Corporation, Inc. to underground the utilities on a new development project located at 405-418 West 18th St.; to appropriate $101,310.45 of previously awarded 2019-2020 HOME Program funds; propose to allocate an additional $88,600.00 in 2020-2021 HOME Program funds; and extend the term of the Agreement to June 30, 2023. (Housing Authority) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum Of Understanding (MOU) between the San Diego Unified Port District (Port) and the City of National City for funding for design and entitlements for the Bayshore Bikeway Segment Five. (Engineering/Public Works) 11. Resolution of the City Council of the City of National City: 1) awarding a contract to Baker Electric, Inc. in the amount of $336,104.36 for the Las Palmas Pool Electrical System Replacement, CIP No. 19-46; 2) authorizing a 15% contingency in the amount of $50,415.65 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 12. Resolution of the City Council of the City of National City granting a Quitclaim Deed for an easement across the parcel of land located at 405 W. 18th Street (A.P.N. 559 085 08 00) due to abandonment of a sewer main. (Engineering/Public Works) 13. Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign an Encroachment and Removal Agreement with Karim Mansour to install 3 canopies to overhang the public right of way at the 322 through 330 Highland Avenue. (Engineering/Public Works) 14. Resolution of the City Council of the City of National City approving changes in compensation and other benefits for the Confidential Employee Group for the remainder of the fiscal year 2019-20 (through June 30, 2020) . (Human Resources) 4 of 449 CC/CDC-HA Agenda 11 /19/2019 — Page 5 15. Resolution of the City Council of the City of National City authorizing the acceptance of the National City Police Department's grant application in the amount of $20,847 to the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program to purchase Motorola Handheld Police Radios, Motorola handheld radios Batteries, and set aside 3% of the awarded grant for NIBRS compliance as dictated within the grant, and authorizing the acceptance of the grant award, and authorizing the establishment of an appropriation and corresponding revenue budget. (Police) 16. Resolution of the City Council of the City of National City authorizing the Mayor to execute the First Amendment to the Telecom Law Firm PC Retainer Agreement. (City Attorney) 17. Warrant Register #14 for the period of 9/25/19 through 10/01/19 in the amount of $1,367,847.83. (Finance) 18. Warrant Register #15 for the period of 10/2/19 through 10/8/19 in the amount of $2,256,127.48. (Finance) 19. Warrant Register #16 for the period of 10/9/19 through 10/15/19 in the amount of $550,379.09. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 20. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending National City Chapter 13.18 of the National City Municipal Code regarding tree preservation of the city -owned trees and parkway landscaping as the City's Urban Forest Management Plan. (Engineering/Public Works) 21. Public Hearing and Adoption of a Resolution by the City Council of the City of National City establishing Residential Permit Parking District "M" on both sides of Sheryl Lane (TSC 2019-09). (Engineering/Public Works) 22. Public Hearing — Consider approval of ordinances adopting the 2019 California Fire Code and the National Fire Protection Association Standards; the 2019 California Building Code and amending Chapter 15.08.075 of National City Municipal Code pertaining to City Council authority under Title 15; the 2019 California Electrical Code and 2017 National Electrical Code; the 2019 California Energy Code; Appendix J of the 2019 California Building Code, and Amending Chapter 15.70 (Grading) of the National City Municipal Code; the 2019 California Green Code; the 2019 California Mechanical Code; the 2019 California Plumbing Code; and the 2019 California Residential Code; and all Appendices related to these Codes. 5 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 6 NON CONSENT RESOLUTIONS 23. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with Chen Ryan Associates, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; 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) 24. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with Kimley-Horn and Associates, Inc. for a not -to -exceed amount of $2,000,000 to provide on - call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; 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) 25. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with NV5, Inc. for a not -to - exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; land surveying; environmental assessments; geotechnical; construction support; community outreach and communications; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. (Engineering/Public Works) 26. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with HDR, Inc. for a not -to - exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; civil engineering; plan reviews; constructability reviews; construction support; long-range planning; grants management; 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) 6 of 449 CC/CDC-HA Agenda 11 /19/2019 — Page 7 27. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with STC Traffic, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; traffic engineering; transportation planning; traffic signal communications infrastructure and systems integration; plan reviews; constructability reviews; construction support; grants management; 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) 28. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with WSP USA, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; 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) 29. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with KTU&A 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; landscape architecture and urban design; transportation planning; geographic information systems; long-range planning; grants management; 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 30. Notice of Decision - Planning Commission approval of a Conditional Use Permit (CUP) for the on -site sale of beer and wine at a new restaurant (Funky Fries and Burgers) located at 3030 Plaza Bonita Road, Suite 1108. (Applicant: Sebastian Hallak) (Case File No. 2019-25 CUP) (Planning) B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY 7 of 449 CC/CDC-HA Agenda 11 /19/2019 — Page 8 NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - December 3, 2019 - 6:00 p.m. - Council Chambers - National City, California City Council and Community Development Commission - Housing Authority of the City of National City Meeting Schedule for the Period January 7, 2020 through January 21, 2020: January 07 - Dispense with Meeting - 6:00 p.m. January 21 - Regular Meeting - 6:00 p.m. In observance of the Employee Work Furlough, City Offices will be closed from Monday, December 23, 2019 through Friday, January 3, 2020. City Offices will reopen on Monday, January 6, 2020. 8 of 449 CC/CDC-HA Agenda 11 /19/2019 — Page 9 The following page(s) contain the backup material for Agenda Item: San Diego County Regional Airport Authority - Airport Development Plan Update. (Mark West, Board Member, SDCRAA and Brendan Reed, Director, Planning and Environmental Affairs, SDCRAA) Please scroll down to view the backup material. 9 of 449 Item # 11/19/19 SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY — AIRPORT DEVELOPMENT PLAN UPDATE Mark West, Board Member SDCRAA Brendan Reed, Director, Planning and Environmental Affairs SDCRAA 10 of 449 San Diego County Regional Airport Authority Update Mark West, Board Member Brendan Reed, Director, Planning and Environmental Affairs National City City Council Meeting November 19, 2019 SAN DIEGO INTERNATIONAL AIRPORT 11 of 449 SAN now serves 24 million passengers a year... ...including over 1 million international passengers... ...and this growth has been going on for a while. 25M 20M 15M 10M 5M 0 15.5 14 16 1998 2003 2008 24 2018 14 of 449 We've come a long way... • 38 Domestic Markets • 3 International Markets ...in a relatively short time... • More than 60 \� Domestic Markets • 11 International Markets Agri if• ad _ AWA0i 1.4f411.41 r SAN is a regional economic driver... 18 of 449 ...and a proactive stance on carbon. SAN is one of only two airports in North America to achieve a Carbon Neutrality rating. Reducing carbon & increasing airport sustainability � •i P car6 carbon airport on accreditation 10 YEARS I REDUCTION I OPTIMISATION I NEUTRALITY 20 of 449 Now let's talk about replacing Terminal 1. Terminal 1 Exterior Terminal 2 Exterior Terminal 1 Interior Terminal 2 Interior 21 of 449 Coordinating with stakeholders... �Sr4�DAG ,• PORTof SAN DIEGO The City of SAN DIEGO NORTH COUNTY TRANSIT DISTRICT lifiglig • Individual meetings with public agencies & other organizations • SAN DAG's Airport Connectivity Subcommittee & Working Groups - Planning - Modeling - Legal - Communications - Government Affairs • Over 100 meetings total since October 22 of 449 Initial ADP DEIR -Main Feedback Outdated Activity Forecast (Noise, Traffic, & AQ) a New Activity Forecast (2018 Baseline) Request FAA Funding Authorization a Submitting Request to FAA More Transit Connectivity a Designated Transit Area, Old Town Shuttle, & TDM Less Parking a Reduced by 2,000 Stalls (Only 650 Net Gain) SD CAP& Community Plan Consistency a Consistency Achieved Sea Level Rise Adaptation 4 SLR Modeling & Climate Resiliency Plan Resulting Project Refinements 23 of 449 Refining the Plan - 2019 Dual -Level Roadway & Curbfront r nsit-Ready Area - ould connect to egion's transit system in Connection to Potential Regional Mobility Hub (SANDAG) • Airfield Connection to Potential Regional Mobility Hub (SANDAG) 0 41 •» Parking Structure ' r Terminal • Ground Transportation Transit Access On -Airport Entry Roadway • • Would take 45,000 cars/ day off Harbor Drive • Includes right of -way for future outbound lanes 24 of 449 ITC = Intermodai Transit Center A Landmark Investment for San Diego More than $500M for transportation and transit improvements 25 of 449 Schedule of Environmental Review / Milestones January 2017 March 2017 Notice of Preparation Released & Scoping Meetings Held Board reviews ADP and directs staff to: ■ Include on -airport entry road ■ Create Harbor Drive Mobility Committee July 2018 Release Draft EIR for 60-Day Public Review Period September 2018 End of Public Review Period / All Comments Due Mid -September 2019 Revised Draft EIR Recirculated November 2019 Prepare Final EIR (inc. Response to Comments) January 2020 Certification of Final EIR & Project Consideration by Board CY 2021 Begin Construction of New Terminal 1* CY 2024 New Terminal 1 Opens (first 19 gates)* *Subject to full CEQA Review, Board Certification of Final EIR, and Board Approval of ADP Projects 26 of 449 111E 11E1,1 111'" I 11. Lr•, f113 P 1f'Y CZEZZIIMCii €kkkkk1d111Yfl.taafaliililMp --II 1911�1f1111111111111111[ H IIIII 111 11:111!11::" V / 111i R1111111111111-1i Aillimuuttt -n11111111111111111111111111I- 111111111111111111111I111111. E_ 11111111111111111111111111I1 vak 1111111111:- %;1FI11111I11111S11n1r- 11�141 11 644416g 1144 1 , . III (/) III a11 i 4 1��11�,�n11 l �111 I - - iiii iiiii. ''':111 "PiiigiqqaMI • _ a1111If14i • J ilk. k.:. •Ima in CD m 12 iY �� +��' laeiaaIal r i--'r` fIC t IllifIllifiiili61 MIRIA,_ Cr 1 .. . • IIIIIiiir' •uhIIIMi1 1111111111i 111111111! 111111111 1111111111 111111111 11111111 11111111 7,71 111111111 1111111111 1111111111 tO 1111111NNN 1111111111 /111111111 111101111 1111111V 111111110 111111111111r1i1 11111111I lilili 1 • _I.. s , i1J::LlJ1L�JJ1JIJJ CC/CDC-HA Agenda 11/19/2019 — Page 28 The following page(s) contain the backup material for Agenda Item: Quarterly Report by A Reason to Survive (ARTS). (Community Services) Please scroll down to view the backup material. 28 of 449 Item # 11/19/19 Quarterly report by A Reason to Survive. (Community Services) 29 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 30 The following page(s) contain the backup material for Agenda Item: Recap on Family Tennis Day held on Saturday, October 12, 2019 at El Toyon Park Tennis Courts. (Community Services) Please scroll down to view the backup material. 30 of 449 Item # 11/19/19 Recap on Family Tennis Day held on Saturday, October 12, 2019 at El Toyon Park Tennis Courts. (Community Services) 31 of 449 Come out and join the u .4•41111 Family Tennis Day Saturday, October 12th from 10am to 12pm El Toyon Park 2005 East 4th St. National City, CA 32 of 449 Second Annual Family Tennis Day • Free event for all ages and abilities • Prizes for everyone in attendance • 15 adults and 15 kids participated • Follow up workshops for adults held on Saturday, October 26 and November 2 33 of 449 34 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 35 The following page(s) contain the backup material for Agenda Item: 2020 Storm Water Calendar Presentation - Kathy Masters, Sr. Office Assistant. (Engineering/Public Works) Please scroll down to view the backup material. 35 of 449 Item 11/19/2019 2020 STORM WATER CALENDAR PRESENTATION KATHY MASTERS, SR. OFFICE ASSISTANT (ENGINEERING/PUBLIC WORKS) 36 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 37 The following page(s) contain the backup material for Agenda Item: Kimball and Morgan Towers -Property Management Update. (Mercy Housing) Please scroll down to view the backup material. 37 of 449 Item # 11/19/19 KIMBALL AND MORGAN TOWERS — PROPERTY MANAGEMENT UPDATE Presenters To Be Determined, Mercy Housing 38 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 39 The following page(s) contain the backup material for Agenda Item: Update on Small Cells. (City Attorney) Please scroll down to view the backup material. 39 of 449 Item # 11/19/2019 PRESENTATION Update on Small Cells. (City Attorney) 40 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 41 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. 41 of 449 Item # 11/19/19 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) 42 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 43 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into an agreement with Vigilant Systems, LLC. to access Law Enforcement License Plate Data stored on their systems. (Police) Please scroll down to view the backup material. 43 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into an agreement with Vigilant Systems, LLC. to access Law Enforcement License Plate Data stored on their systems. PREPARED BY: Jose Tellez, Chief of Police DEPARTMENT: Police PHONE: Ext. 4511 APPROVED BY: EXPLANATION: The City of National City has a contract with I.P.S. Group, INC., to provide parking management e T ipment, products and services to meet the City's parking management needs as approved by Resolution 2018-183. As part of that contract, Neighborhood Services uses License Plate Reader (LPR) Technology for parking enforcement throughout National City. Based upon the I.P.S. agreement, the police department may access I.P.S. Group's partner corporation's Vigilant Service's law enforcement LPR data to assist in criminal investigations at no additional cost. This Vigilant agreement allows the police department access to the Law Enforcement LPR data base and it contains an indemnification agreement that requires City Council approval. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: - APPROVED: Finance MIS STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Vigilant Services Agreement Resolution 2018-183 44 of 449� \V YPILJ T I LAO N sNT s O L VIGILANT SOLUTIONS — LPR DATA PROGRAM STATE AND LOCAL LAW ENFORCEMENT AGENCY AGREEMENT This Agreement is made and entered into effective , 201 (the "Effective Date") between Vigilant Solutions, LLC, a Delaware corporation ("Vigilant") and , an Originating Agency Identifier (ORI) credentialed law enforcement agency ("Agency"). A. Vigilant stores and disseminates to law enforcement agencies license plate recognition (LPR) data as a valued added component of the Vigilant law enforcement package of LPR equipment and/or software; and B. Agency desires to obtain access to Vigilant's Software Service; NOW, THEREFORE, in consideration of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties, the parties agree as follows: 1. Definitions. (a) Confidential Information. Refers to any and all (i) rights of Vigilant associated with works of authorship, including exclusive exploitation rights, copyrights, moral rights and mask works, trademark and trade name rights and similar rights, trade secrets rights, patents, designs, algorithms and other industrial property rights, other intellectual and industrial property and proprietary rights of every kind and nature, whether arising by operation of law, by contract or license, or otherwise; and all registrations, applications, renewals, extensions, combinations, divisions or reissues of the foregoing; (ii) product specifications, data, know-how, formulae, compositions, processes, designs, sketches, photographs, graphs, drawings, samples, inventions and ideas, and past, current and planned research and development; (iii) current and planned manufacturing and distribution methods and processes, customer lists, current and anticipated customer requirements, price lists, market studies, and business plans; (iv) computer software and programs (including object code and source code), database technologies, systems, structures, architectures, processes, improvements, devices, discoveries, concepts, methods, and information of Vigilant; (v) any other information, however documented, of Vigilant that is a trade secret within the meaning of applicable state trade secret law or under other applicable law, including but not limited to the LEARN Software Service; (vi) information concerning the business and affairs of Vigilant (which includes historical financial statements, financial projections and budgets, historical and projected sales, capital spending budgets and plans, the names and backgrounds of key personnel, contractors, agents, suppliers and potential suppliers, personnel training techniques and materials, and purchasing methods and techniques, however documented; and (vii) notes, analysis, compilations, studies, summaries and other material prepared by or for Vigilant containing or based, in whole or in part, upon any information included in the foregoing. (b) LEA. Refers to a law enforcement agency. (c) LEARN Software Service. Refers to a web based (hosted) suite of software applications consisting of analytical and investigative software located on a physical database server that also hosts LPR Data. (d) License Plate Recognition ("LPR"). Refers to the process of utilizing cameras, either stationary or mounted on moving vehicles, to capture and interpret images of vehicle license plates. (e) LPR Data. Refers to LEA LPR Data. (f) LEA LPR Data. Refers to LPR data collected by LEAs and available on the LEARN Software Service for use by other LEAs. LEA LPR Data is freely available to LEAs at no cost and is governed by the contributing LEA's retention policy. (g) User. Refers to an individual who is an agent and sworn officer of Agency and who is authorized Vigilant Solutions — LPR Data Program Agreement ver. 1.0 Page 1 of 10 45 of 449 \V YPILJ T I LAO N sNT s O L by Agency to access the LEARN Software Service on behalf of Agency through login credentials provided by Agency. 2. Licensed Access to the LEARN Software Service. (a) Grant of License. During the term of this Agreement, Vigilant grants Agency a non-exclusive, non- transferable right and license to access the LEARN Software Service for use in accordance with the terms of this Agreement. (b) Authorized Use. Agency is prohibited from accessing the LEARN Software Service other than for law enforcement purposes. Agency may use data to locate vehicles to further criminal prosecutions and may share that information with any prosecuting agency (District Attorney or City Attorney). (c) Restrictions on Use of LEARN Software Service. Except as expressly permitted under this Agreement, Agency agrees that it shall not, nor will it permit a User or any other party to, without the prior written consent of Vigilant, (i) copy, duplicate or grant permission to the LEARN Software Service or any part thereof; (ii) create, attempt to create, or grant permission to the source program and/or object program associated with the LEARN Software Service; (iii) decompile, disassemble or reverse engineer any software component of the LEARN Software Service for any reason, including, without limitation, to develop functionally similar computer software or services; or (iv) modify, alter or delete any of the copyright notices embedded in or affixed to the copies of any components of the LEARN Software Service. Agency shall instruct each User to comply with the preceding restrictions. (d) Third Party Software and Data. If and to the extent that Vigilant incorporates the software and/or data of any third party into the LEARN Software Service, including but not limited to the LEA LPR Data, and use of such third party software and/or data is not subject to the terms of a license agreement directly between Agency and the third party licensor, the license of Agency to such third party software and/or data shall be defined and limited by the license granted to Vigilant by such third party and the license to the LEARN Software Service granted by Vigilant under this Agreement. Agency specifically acknowledges that the licensors of such third party software and/or data shall retain all ownership rights thereto, and Agency agrees that it shall not (i) decompile, disassemble or reverse engineer such third party software or otherwise use such third party software for any reason except as expressly permitted herein; (ii) reproduce the data therein for purposes other than those specifically permitted under this Agreement; or (iii) modify, alter or delete any of the copyright notices embedded in or affixed to such third party software. Agency shall instruct each User to comply with the preceding restrictions. (e) Non -Exclusive Licensed Access. Agency acknowledges that the right or ability of Vigilant to license other third parties to use the LEARN Software Service is not restricted in any manner by this Agreement, and that it is Vigilant's intention to license a number of other LEAs to use the LEARN Software Service. Vigilant shall have no liability to Agency for any such action. 3. Other Matters Relating to Access to LEARN Software Service. (a) Accessibility. The LEARN Software Service, LPR Data and associated analytical tools are accessible to LEAs ONLY and are accessible pursuant to one of the following two methods: (1) LPR Data Program. Access to the LEARN Software Service through the LPR Data Program allows for available LPR Data to be used at a much deeper level to include partial plate queries, geo-fence queries, and analytic reports such as common plate and possible associate analysis. (2) Application Programming Interface (API). The API access method allows for integration of the LPR Data into external third -party analytic tools. The API does NOT provide ownership rights to the LPR Data, only access during the subscription period. The API is optional, and available only in conjunction with the LPR Data Program for an additional fee. Vigilant Solutions — LPR Data Program Agreement ver. 1.0 Page 2 of 10 46 of 449 VYPILJ T I LAO N sNT s O L (b) Access to LEA LPR Data. LEA LPR Data is provided as a service to LEAs at no additional charge. (c) Eligibility. Agency shall only authorize individuals who satisfy the eligibility requirements of "Users" to access the LEARN Software Service. Vigilant in its sole discretion may deny LEARN Software Service access to any individual based on such person's failure to satisfy such eligibility requirements. (d) Account Security (Agency Responsibility). (1) Agency shall be responsible for assigning an account administrator who in turn will be responsible for assigning to each of Agency's Users a username and password (one per user account). An unlimited number of User accounts is provided. Agency will cause the Users to maintain username and password credentials confidential and will prevent use of such username and password credentials by any unauthorized person(s). Agency shall notify Vigilant immediately if Agency believes the password of any of its Users has, or may have, been obtained or used by any unauthorized person(s). In addition, Agency must notify Vigilant immediately if Agency becomes aware of any other breach or attempted breach of the security of any of its Users' accounts. (2) User logins are restricted to agents and sworn officers of the Agency. No User logins may be provided to agents or officers of other local, state, or Federal LEAs. LPR Data must reside within the LEARN Software Service and cannot be copied to another system, unless Agency purchases Vigilant's API. (e) Data Sharing. Agency at its option may share its LEA LPR Data with similarly situated LEAs who contract with Vigilant to access the LEARN Software Service (for example, LEAs who share LEA LPR Data with other LEAs). (f) Subscriptions. LEARN Software Service software applications and LPR Data is available to Agency and its Users on an annual subscription basis. 4. Restrictions on Access to LEARN Software Service. (a) Non Disclosure of Confidential Information. Agency and each User will become privy to Confidential Information during the term of this Agreement. Agency acknowledges that a large part of Vigilant's competitive advantage comes from the collection and analysis of this Confidential Information and Agency's use, except as expressly permitted under this Agreement, and disclosure of any such Confidential Information would cause irreparable damage to Vigilant. (b) Restrictions. As a result of the sensitive nature of the Confidential Information, Agency agrees, except to the extent expressly permitted under this Agreement, (i) not to use or disclose, directly or indirectly, and not to permit Users to use or disclose, directly or indirectly, any LPR location information obtained through Agency's access to the LEARN Software Service or any other Confidential Information; (ii) not to download, copy or reproduce any portion of the LPR Data and other Confidential Information; and (iii) not to sell, transfer, license for use or otherwise exploit the LPR Data and other Confidential Information in any way. Additionally, Agency agrees to take all necessary precautions to protect the Confidential Information against its unauthorized use or disclosure and exercise at least the same degree of care in safeguarding the Confidential Information as Agency would with Agency's own confidential information and to promptly advise Vigilant in writing upon learning of any unauthorized use or disclosure of the Confidential Information. (c) Third Party Information. Agency recognizes that Vigilant has received, and in the future will continue to receive, from LEAs associated with Vigilant their confidential or proprietary information ("Associated Third Party Confidential Information"). By way of example, Associated Third Party Confidential Information includes LEA LPR Data. Agency agrees, except to the extent expressly permitted by this Agreement, (i) not to use or to disclose to any person, firm, or corporation any Associated Third Party Confidential Information, (ii) not to download, copy, or reproduce any Associated Third Party Confidential Information, and (iii) not to sell, transfer, license for use or otherwise exploit any Associated Third Party Confidential Information. Additionally, Agency agrees to take all necessary precautions to protect the Associated Third Party Confidential Information against its unauthorized use or disclosure and exercise at least the same degree of care in safeguarding the Associated Third Party Confidential Information as Agency would with Agency's Vigilant Solutions — LPR Data Program Agreement ver. 1.0 Page 3 of 10 47 of 449 \V YPILJ T I LAO N sNT s O L own confidential information and to promptly advise Vigilant in writing upon learning of any unauthorized use or disclosure of the Associated Third Party Confidential Information. (d) Non -Publication. Agency shall not create, publish, distribute, or permit any written, electronically transmitted or other form of publicity material that makes reference to the LEARN Software Service or this Agreement without first submitting the material to Vigilant and receiving written consent from Vigilant thereto. This restriction is specifically intended to ensure consistency with other media messaging. (e) Non -Disparagement. Agency agrees not to use proprietary materials or information in any manner that is disparaging. This prohibition is specifically intended to preclude Agency from cooperating or otherwise agreeing to allow photographs or screenshots to be taken by any member of the media without the express consent of Vigilant. Agency also agrees not to voluntarily provide ANY information, including interviews, related to Vigilant, its products or its services to any member of the media without the express written consent of Vigilant. (f) Manner of Use. Agency must use its account in a manner that demonstrates integrity, honesty, and common sense. (g) Survival of Restrictions and Other Related Matters. (1) Agency shall cause each User to comply with the provisions of this Section 4. (2) Agency agrees to notify Vigilant immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Section 4 by Agency or any User, and Agency shall reasonably cooperate with Vigilant to regain possession of the Confidential Information, prevent its further unauthorized use, and otherwise prevent any further breaches of this Section 4. (3) Agency agrees that a breach or threatened breach by Agency or a User of any covenant contained in this Section 4 will cause irreparable damage to Vigilant and that Vigilant could not be made whole by monetary damages. Therefore, Vigilant shall have, in addition to any remedies available at law, the right to seek equitable relief to enforce this Agreement. (4) No failure or delay by Vigilant in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof. (5) The restrictions set forth in this Section 4 shall survive the termination of this Agreement for an indefinite period of time. 5. Term and Termination. (a) Term. This Agreement will be in effect until terminated by either party. The City of National City is under contract with the IPS Group, Inc. which is a partner corporation of Vigilant Solutions, LLC. If that agreement is terminated the parties may mutually agree how to proceed. (b) Termination. (1) Agency may terminate this Agreement upon thirty (30) days prior written notice to Vigilant for any reason. (2) Vigilant may terminate this Agreement upon: (A) thirty (30) days prior written notice for any reason. (B) a failure on the part of Agency to pay any amount due and payable to Vigilant under this Agreement within thirty (30) days following receipt of written notice from Vigilant of such failure; or (C) a material breach of any other provision of this Agreement by Agency or any User which remains uncured for thirty (30) days following receipt of written notice from Vigilant of such material breach. (c) Effect of Termination. Upon termination or expiration of this Agreement for any reason, all licensed rights granted in this Agreement will immediately cease to exist and Agency must promptly discontinue all use of Vigilant Solutions — LPR Data Program Agreement ver. 1.0 Page 4 of 10 48 of 449 \V YPILJ T I LAO N sNT s O L the LEARN Software Service, erase all LPR Data accessed through the LEARN Software Service from its computers, including LPR Data transferred to an API, and return all copies of any related documentation and other materials. 6. Miscellaneous. (a) Notices. Any notice under this Agreement must be written. Notices must be addressed to the recipient and either (i) hand delivered; (ii) placed in the United States mail, certified, return receipt requested; (iii) deposited with an overnight delivery service; or (iv) sent via e-mail and followed with a copy sent by overnight delivery or regular mail, to the address or e-mail address specified below. Any mailed notice is effective three (3) business days after the date of deposit with the United States Postal Service or the overnight delivery service, as applicable; all other notices are effective upon receipt. A failure of the United States Postal Service to return the certified mail receipt to the dispatcher of such notice will not affect the otherwise valid posting of notice hereunder. Vigilant's address for all purposes under this Agreement is: Vigilant Solutions, LLC Agency's address for all purposes under this Agreement is: Attn: Steve Cintron 1152 Stealth Street Attn: Livermore, California 94551 Telephone: 925-398-2079 Telephone: E-mail: Steve.cintron@vigilantsolutions.com E-mail: with a copy to: Holland, Johns & Penny, L.L.P. Attn: Margaret E. Holland 306 West Seventh Street, Suite 500 Fort Worth, Texas 76102 Telephone: 817-335-1050 E-mail: meh@hjpllp.com Either party may designate another address for this Agreement by giving the other party at least five (5) business days' advance notice of its address change. A party's attorney may send notices on behalf of that party, but a notice is not effective against a party if sent only to that party's attorney. (b) Disclaimer. Vigilant makes no express or implied representations or warranties regarding Vigilant's equipment, website, online utilities or their performance, availability, functionality, other than a warranty of merchantability and fitness for the particular purpose of searching for license plate locations in the database and performing other related analytical functions. Any other implied warranties of merchantability or fitness for a particular purpose are expressly disclaimed and excluded. (c) Limitations of Liability. VIGILANT WILL NOT BE LIABLE FOR AGENCY'S USE OF THE LPR DATA OR LEARN SOFTWARE SERVICE APPLICATIONS AND WILL NOT BE LIABLE TO AGENCY UNDER ANY CIRCUMSTANCES WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST OF Vigilant Solutions — LPR Data Program Agreement ver. 1.0 Page 5 of 10 49 of 449 \V YPILJ T I LAO N sNT s O L BUSINESS). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR OTHERWISE UNENFORCEABLE VILIGANT'S CUMULATIVE LIABILITY TO AGENCY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID TO VIGILANT BY THE AGENCY FOR SERVICES SUPPLIED UNDER THIS AGREEMENT BY VIGILANT. (d) Indemnification. Agency agrees to indemnify, defend and hold harmless Vigilant and its employees, representatives, agents, officers, directors, and corporate employees (each, an "Indemnified Party"), against any and all claims, suits, actions, or other proceedings brought against the Indemnified Party based on or arising from any claim (i) resulting from Agency's or a User's breach of this Agreement, (ii) that involves any vehicle owned or operated by Agency, (iii) or any employee or independent contractor hired by Agency or (iv) any and all claims based on Agency's or a User's actions or omissions. (e) Independent Contractor Status. Each party will at all times be deemed to be an independent contractor with respect to the subject matter of this Agreement and nothing contained in this Agreement will be deemed or construed in any manner as creating any partnership, joint venture, joint enterprise, single business enterprise, employment, agency, fiduciary or other similar relationship. (f) Assignment of this Agreement. Agency may not assign its rights or obligations under this Agreement to any party, without the express written consent of Vigilant. (g) No Exclusivity. Vigilant may at any time, directly or indirectly, engage in similar arrangements with other parties, including parties which may conduct operations in geographic areas in which Agency operates. Additionally, Vigilant reserves the right to provide LPR Data to third -party entities for purposes of promotions, marketing, business development or any other commercially reasonable reason that Vigilant deems necessary and appropriate. (h) No Reliance. Agency represents that it has independently evaluated this Agreement and is not relying on any representation, guarantee, or statement from Vigilant or any other party, other than as expressly set forth in this Agreement. (i) Governing Law; Venue. THIS AGREEMENT IS GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO CONFLICTS -OF -LAWS PRINCIPLES. THE PARTIES HERETO CONSENT THAT VENUE OF ANY ACTION BROUGHT UNDER THIS AGREEMENT WILL BE IN TARRANT COUNTY, TEXAS. (j) Amendments. Except as otherwise permitted by this Agreement, no amendment to this Agreement or waiver of any right or obligation created by this Agreement will be effective unless it is in writing and signed by both parties. Vigilant's waiver of any breach or default will not constitute a waiver of any other or subsequent breach or default. (k) Entirety. This Agreement and the Agency's purchase order, setting forth Vigilant's LEARN Software Service being purchased by Agency pursuant to this Agreement and the related product code and subscription price, represent the entire agreement between the parties and supersede all prior agreements and communications, oral or written between the parties. Except to the limited extent expressly provided in this Section 6(k), no contrary or additional terms contained in any purchase order or other communication from Agency will be a part of this Agreement. (I) Force Majeure. Neither party will be liable for failure to perform or delay in performing any obligation under this Agreement if nonperformance is caused by an occurrence beyond the reasonable control of such party and without its fault or negligence such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, delays of common carriers, or any other cause beyond the reasonable control of such party. (m) Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability will not affect any other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. (n) CJIS Requirements. Agency certifies that its LEARN users shall comply with the CJIS requirements outlined in Exhibit A. Vigilant Solutions — LPR Data Program Agreement ver. 1.0 Page 6 of 10 50 of 449 \V YPILJ T I LAO N sNT s O L IN WITNESS WHEREOF, the parties hereto have executed this Agreement by persons duly authorized as of the date and year first above written. Company: Vigilant Solutions, LLC Authorized Agent: Bill Quinlan Title: Vice President Sales Operations Date: Signature: Agency: Authorized Agent: Title: Date: Signature: [signature page — LPR Data Program State and Local Law Enforcement Agency Agreement] Vigilant Solutions — LPR Data Program Agreement ver. 1.0 Page 7 of 10 51 of 449 \V YPILJ T I LAO N sNT s O L Exhibit A: CJIS Requirements Vigilant and Agency agree on the importance of data security, integrity and system availability and that these security objectives will only be achieved through shared responsibility. Vigilant and Agency agree they will more likely be successful with information security by use of the Vigilant supplied technical controls and client Agency use of those controls; in conjunction with agency and personnel policies to protect the systems, data and privacy. Vigilant and Agency agree that Agency owned and FBI-CJIS supplied data in Vigilant systems does not meet the definition of FBI-CJIS provided Criminal Justice Information (CJI). Regardless, Vigilant agrees to treat the Agency -supplied information in Vigilant systems as CJI. Vigilant will strive to meet those technical and administrative controls; ensuring the tools are in place for the proper protection of systems, information and privacy of individuals to the greatest degree possible. Vigilant and Agency agree that information obtained or incorporated into Vigilant systems may be associated with records that are sensitive in nature having, tactical, investigative and Personally Identifiable Information. As such, that information will be treated in accordance with applicable laws, policies and regulations governing protection and privacy of this type of data. Vigilant and Agency agree that products and services offered by Vigilant are merely an investigative tool to aid the client in the course of their duties and that Vigilant make no claims that direct actions be initiated based solely upon the information responses or analytical results. Further, Vigilant and Agency agree that Agency is ultimately responsible for taking the appropriate actions from results, hits, etc. generated by Vigilant products and require ongoing training, human evaluation, verifying the accuracy and currency of the information, and appropriate analysis prior to taking any action. As such, the parties agree to do the following: Vigilant: 1. Vigilant has established the use of FBI-CJIS Security Policy as guidance for implementing technical security controls in an effort to meet or exceed those Policy requirements. 2. Vigilant agrees to appoint a CJIS Information Security Officer to act as a conduit to the client Contracting Government Agency, Agency Coordinator, to receive any security policy information and disseminate to the appropriate staff. 3. Vigilant agrees to adhere to FBI-CJIS Security Policy Awareness Training and Personnel Screening standards as required by the Agency. 4. Vigilant agrees, by default, to classify all client supplied data and information related to client owned infrastructure, information systems or communications systems as "Criminal Justice Data". All client information will be treated at the highest level of confidentiality by all Vigilant staff and authorized partners. Vigilant has supporting guidance/policies for staff handling the full life cycle of information in physical or electronic form and has accompanying disciplinary procedures for unauthorized access, misuse or mishandling of that information. 5. Vigilant will not engage in data mining, commercial sale, unauthorized access and/or use of any of Agency owned data. 6. Vigilant and partners agree to use their formal cyber Incident Response Plan if such event occurs. 7. Vigilant agrees to immediately inform Agency of any cyber incident or data breach, to include DDoS, Malware, Virus, etc. that may impact or harm client data, systems or operations so proper analysis can be performed and client Incident Response Procedures can be initiated. Vigilant Solutions — LPR Data Program Agreement ver. 1.0 Page 8 of 10 52 of 449 \V YPILJ T I LAO N sNT s O L 8. Vigilant will only allow authorized support staff to access Agency's account or Agency data in support of Agency as permitted by the terms of contracts. 9. Vigilant agrees to use training, policy and procedures to ensure support staff use proper handling, processing, storing, and communication protocols for Agency data. 10. Vigilant agrees to protect client systems and data by monitoring and auditing staff user activity to ensure that it is only within the purview of system application development, system maintenance or the support roles assigned. 11. Vigilant agrees to inform Agency of any unauthorized, inappropriate use of data or systems. 12. Vigilant will design software applications to facilitate FBI-CJIS compliant information handling, processing, storing, and communication of Agency. 13. Vigilant will advise Agency when any software application or equipment technical controls are not consistent with meeting FBI-CJIS Policy criteria for analysis and due consideration. 14. Vigilant agrees to use the existing Change Management process to sufficiently plan for system or software changes and updates with Rollback Plans. 15. Vigilant agrees to provide technical security controls that only permit authorized user access to Agency owned data and Vigilant systems as intended by Agency and data owners. 16. Vigilant agrees to meet or exceed the FBI-CJIS Security Policy complex password construction and change rules. 17. Vigilant will only provide access to Vigilant systems and Agency owned information through Agency managed role -based access and applied sharing rules configured by Agency. 18. Vigilant agrees to provide technical controls with additional levels of user Advanced Authentication in Physically Non -Secure Locations. 19. Vigilant agrees to provide compliant FIPS 140-2 Certified 128-bit encryption to Agency owned data during transport and storage ("data at rest") while in the custody and control of Vigilant. 20. Vigilant agrees to provide firewalls and virus protection to protect networks, storage devices and data. 21. Vigilant agrees to execute archival, purges and/or deletion of data as configured by the data owner. 22. Vigilant agrees to provide auditing and alerting tools within the software applications so Agency can monitor access and activity of Vigilant support staff and Agency users for unauthorized access, disclosure, alteration or misuse of Agency owned data. (Vigilant support staff will only have access when granted by Agency.) 23. Vigilant will only perform direct support remote access to Agency systems/infrastructure when requested, authorized and physically granted access to the applications/systems by Agency. This activity will be documented by both parties. 24. Vigilant creates and retains activity transaction logs to enable auditing by Agency data owners and Vigilant staff. 25. Vigilant agrees to provide physical protection for the equipment -storing Agency data along with additional technical controls to protect physical and logical access to systems and data. 26. Vigilant agrees to participate in any Information or Technical Security Compliance Audit performed by Agency, state CJIS System Agency or FBI-CJIS Division. 27. Vigilant agrees to perform independent employment background screening for its' staff and participate in additional fingerprint background screening as required by Agency. 28. Vigilant agrees that Agency owns all Agency contributed data to include "hot -lists", scans, user information etc., is only shared as designated by the client and remains the responsibility and property of Agency. Agency: 1. Agency agrees to appoint an Agency Coordinator as a central Point of Contact for all FBI-CJIS Security Policy related matters and to assign staff that are familiar with the contents of the FBI-CJIS Security Policy. Vigilant Solutions — LPR Data Program Agreement ver. 1.0 Page 9 of 10 53 of 449 VYPILJ T I LAO N sNT s O L 2. Agency agrees to have the Agency Coordinator provide timely updates with specific information regarding any new FBI-CJIS, state or local information security policy requirements that may impact Vigilant compliance or system/application development and, to facilitate obtaining certifications, training, and fingerprint -based background checks as required. 3. Agency agrees to inform Vigilant when any FBI-CJIS Security Awareness Training, personnel background screening or execution of FBI-CJIS Security Addendum Certifications are required. 4. Agency agrees to immediately inform Vigilant of any relevant data breach or cyber incident, to include DDoS, Malware, Virus, etc. that may impact or harm Vigilant systems, operations, business partners and/or other Agencies, so proper analysis can be performed, and Incident Response Procedures can be initiated. 5. Agency agrees that they are responsible for the legality and compliance of information recorded, submitted or placed in Vigilant systems and use of that data. 6. Agency agrees that they are responsible for proper equipment operation and placement of equipment. 7. Agency agrees that they are responsible for vetting authorized user access to Vigilant systems with due consideration of providing potential access to non -Agency information. 8. Agency agrees that responsibility and control of persons granted access to purchased Vigilant systems, along with data stored and transmitted via Vigilant systems, is that of the Agency. 9. Agency agrees that they have responsibility for all data security, handling and data protection strategies from point of acquisition, during transport and until submission ("Hotlist upload") into Vigilant systems. 10. Agency agrees to reinforce client staff policies and procedures for secure storage and protection of Vigilant system passwords. 11. Agency agrees to reinforce client staff policies for creating user accounts with only government domain email addresses. Exceptions will be granted in writing. 12. Agency agrees to reinforce client staff policies for not sharing user accounts. 13. Agency agrees to use Vigilant role -based access as designed to foster system security and integrity. 14. Agency agrees that they control, and are responsible for, appropriate use and data storage policies as well as procedures for the data maintained outside the Vigilant systems. This includes when any information is disseminated, extracted or exported out of Vigilant systems. 15. Agency agrees that they control and are responsible for developing policies, procedures and enforcement for applying deletion/purging and dissemination rules to information within and outside the Vigilant systems. 16. Agency agrees that it is their responsibility to ensure data and system protection strategies are accomplished through the tools provided by Vigilant for account and user management features along with audit and alert threshold features. 17. Agency agrees to use the "virtual escorting" security tools provided for managing client system remote access and monitor Vigilant support staff when authorized to assist the client. 18. Agency agrees that the Vigilant designed technical controls and tools will only be effective in conjunction with Agency created policies and procedures that guide user access and appropriate use of the system. 19. Agency agrees that information and services provided through Vigilant products do not provide any actionable information, Agency users are responsible for the validity and accuracy of their data and developing procedures to verify information with the record owner and other systems (NCIC) based upon the potential lead generated. Vigilant Solutions — LPR Data Program Agreement ver. 1.0 Page 10 of 10 54 of 449 RESOLUTION NO. 2018 — 183 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR AGREEMENT WITH IPS GROUP, INC., FOR A NOT -TO -EXCEED AMOUNT OF $320,000 TO PROVIDE PARKING MANAGEMENT AND PARKING ENFORCEMENT SOLUTIONS WHEREAS, on June 20, 2017, through the adoption of Resolution No. 2017-103, the City Council approved the Parking Action Plan ("PAP") for Downtown National City to address existing and future parking demands, and directed staff to take all necessary actions for PAP implementation, including but not limited to, continued public outreach, data collection, and reporting; and WHEREAS, on November 7, 2017, through the adoption of Ordinance No. 2017- 2441, the City Council adopted the Downtown Specific Plan Proposed Amendment that identifies parking as one of the Specific Plan's goals for future public and private development; and WHEREAS, City staff researched a variety of vendors offering products and services to address the City's parking management and enforcement needs and found that IPS Group, Inc., provided a comprehensive proposal that incorporates all of the City's parking management and enforcement needs; and WHEREAS, IPS Group, Inc., is a provider of parking management equipment, products, and services that meet the City's parking management needs and is qualified by experience and ability to perform the services desired by the City, and the IPS Group is willing to perform such services; and WHEREAS, the City desires to enter into a three-year Agreement with IPS Group, Inc., for a not -to -exceed amount of $320,000 to provide parking management equipment to include single-space parking meters, hand-held mobile enforcement devices, license plate reader (LPR) equipment and software, web -based parking management enforcement and permit software, data collection, and technical support NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a three-year Agreement with IPS Group, Inc., for a not -to -exceed amount of $320,000 to provide parking management and enforcement, solutions. PASSED and ADOPTED this 16th day of Octobe22 18. ATTEST: Michael R. Dalla, ' ity Clerk Morrison, Mayor APPROVED AS TO FORM: M'- ri-'Jones Attorney 1 55 of 449 Passed and adopted by the Council of the City of National City, California, on October 16, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ../-;-) 011 % City Clerk of the City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-183 of the City of National City, California, passed and adopted by the Council of said City on October 16, 2018. City Clerk of the City of National City, California By: Deputy 56 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 57 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 Third Amendment to the HOME Community Housing Development Organization (CHDO) Funding Agreement dated June 30, 2017 between the City of National City and San Diego Habitat for Humanity Community Housing Corporation, Inc. to underground the utilities on a new development project located at 405-418 West 18th St.; to appropriate $101,310.45 of previously awarded 2019-2020 HOME Program funds; propose to allocate an additional $88,600.00 in 2020-2021 HOME Program funds; and extend the term of the Agreement to June 30, 2023. (Housing Authority) Please scroll down to view the backup material. 57 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2019 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Third Amendment to the HOME Community Housing Development Organization ("CHDO") Funding Agreement dated June 30, 2017 between the City of National City and San Diego Habitat for Humanity Community Housing Corporation, Inc. to underground the utilities on a new development project located at 405-418 West 18th St.; to appropriate $101,310.45 of previously awarded 2019-2020 HOME Program funds; to award and appropriate an additional $88,600.00 in 2020-2021 HOME Program funds; and extend the term of the Agreement to June 30, 2023. PREPARED BY: Angelita Palm , Comm. Dev. Spec. II DEPARTMENT: National City Housing Authority PHONE: 619-336-4219 EXPLANATION: APPROVED BY: The City of National City ("City") and San Diego Habitat for Humanity Community Housing --Corporation, Inc. ("SD-HFH") entered into a Second Amendment to the HOME CHDO Funding Agreement on June 30, 2017. The City appropriated $101,310.45 on May 7, 2019 in HOME Program funds through the 2019-2020 HUD Annual Action Plan funding to provide for the undergrounding of dry utilities on a new development project located at 405-418 West 18th St. in National City consisting of six homeownership units targeting families at or below 80% of the Area Median Income. The City proposes to award and appropriate SD-HFH an additional $88,600.00 of the HOME Program funds through the 2020-2021 HUD Annual Action Plan to cover additional costs to complete the undergrounding of dry utilities required by the City of National City for permitting of the Project. The term of the Agreement would be extended to June 30, 2023. Attachment No. 1 provides a full budget for undergrounding utilities which will total $189,910.45. FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS The City appropriated $101,310.45 to 505-409-462-598-9023 from HOME Program funds on May 7, 2019 through the 2019-2020 HUD Annual Action Plan funding. The City proposes to award and appropriate an additional $88,600.00 to the project to account 505-409-462-598-9023 from the HOME Program fund balance. These funds are derived from previously completed projects and program income received. ENVIRONMENTAL REVIEW: This project is Categorically Excluded SUBJECT to §58.5 authorities per 24 CFR §58.35(a) (3)(ii) ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: Attachment No. 1 Undergrounding Dry Utilities Conversion Budget Attachment No. 2 HOME CHDO Third Amendment Attachment No. 3 HOME CHDO Second Amendment executed on June 20, 2017 Attachment No. 4 Resolution 58 of 449 Attachment No. 1 San Diego ' Habitat for Humanity® 8128 Mercury Court San Diego, CA 92111 P1619-283-4663 F 1619-516-5264 license #955336 building strength, stability and self-reliance through shelter sandiegohabitat.org ATTACHMENT NO. 2: Undergrounding Dry Utilities Conversion Budget DRY UTILITY CONVERSION COST BUDGET FOR 405-419 W. 18TH STREET, NATIONAL CITY Quantity Unit Cost SDGE 12KV Conversion on Harding Avenue 280 LF 189 $52,920.00 Covert Services on Harding Ave 3 EA 15,000 $44,890.45 EPI Change Order 1 EA $3,500.00 Total 101,310.45 AT&T Conversion on Harding Ave 280 LF 60 $16,800.00 COX Conversion on Harding Ave 280 LF 60 $16,800.00 Contractor Charges on Harding Avenue 200 LF 175 $35,000.00 Cable Poles on Harding Ave 2 EA 10,000 $20,000.00 Total $88,600.00 Total $189,910.45 1 Habitat ReStr re for Humanity all locations: 619-516-5267 San Diego Escondido 8108 Mercury Court 837 Metcalf Street San Diego, CA 92111 Escondido, CA 92025 National City 310 National City Boulevard National City, CA 91950 Carlsbad 1810 Marr Carlsbad, 59 of 449 Attachment Noll THIRDSECOND AMENDMENT TO THE HOME COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) FUNDING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO HABITAT FOR HUMANITY COMMUNITY HOUSING CORPORATION, INC. This Third Second Amendment to the Agreement is entered into this 192.W't1L day of JuneNovember, 20179, between the City of National City, a municipal corporation (the "CITY") and San Diego Habitat for Humanity Community Housing Corporation, Inc., a California non- profit public benefit corporation ("SD-HFH"). RECITALS WHEREAS, the CITY and SD-HFH entered into the HOME Community Housing Development Organization ("CHDO") Funding Agreement on October 30, 2012 (the "Agreement") for the construction and/or rehabilitation of single-family residential housing in the City of National City; and WHEREAS, the CITY and SD-HFH entered into a First Amendment to the HOME CHDO Funding Agreement on October 18, 2014 (the "First Amendment"); and WHEREAS, the First Amendment stated that the agreement would expire Agreement expires on June 30, 2017; and WHEREAS, due to market conditions, SD HFH has experienced some difficulty in acquiring the property needed for its performance under the Agreement, despite SD HFH's best efforts to do so; and WHEREAS, due to SD HFH's use of volunteer labor to construct and/or rehabilitate the houses, SD HFH has not been able to complete the required construction and/or rehabilitation by the estimated dates in Exhibit "B", despite SD HFH's best efforts to do so; and WHEREAS, the CITY and SD-HFH entered into a Second Amendment to the HOME CHDO Funding Agreement on June 30, 2017 (the "Second Amendment"); and WHEREAS, the Agreement Second Amendment stated that the agreement would expireexpire- s on June 30, 2020; and the parties desire to extend the term of the Agreement until June 30, 2020; and WHEREAS, SD HFH received will need additional funds to complete acquisition and rehabilitation of the remaining two HOME Program Assisted Units "Assisted Units"; and WHEREAS, the CITY allocated $2/15,116.85 on June 20, 2017 in HOME Investment Partnership Program funds through the First Amendment to the 2017 2018 HUD Annual Action Plan; and — WHEREAS, SD HFH was awarded additional funds for the construction of the dry utility conversion of the remaining Assisted Units; and Page 1 of 3 60 of 449 Attachment No.1-1 WHEREAS, the CITY appropriatedallocated $101,310.45 on May 7, 2019 in HOME Investment Partnership Program funds through the 2019-2020 HUD Annual Action Plan for the undergrounding of utilities on a new development project located at 405-418 West 18th St., National City consisting of six homeownership units targeting families at or below 80% of the Area Median Income ("Project"). WHEREAS, the CITY and SD HFH win enter into a Third Amendment to the HOME CHDO Funding Agreement on November 19, 2019 (the "Third Amendment"); and WHEREAS, the Agreement expires on June 30, 2020; and WHEREAS, the City proposes to award SD-HFH additional funds an additional $88,600.00 of the HOME Investment Partnership Program funds through the 20204-9-20210 HUD Annual Action Plan to cover additional costs for the increased costs of construction to complete the undergrounding of dry utilities required by the City of National City for permitting of the Project; drytilities-of ssisted'nns; and WHEREAS, due to SD HFH's increased budget for the construction of the utility conversion, contractor, and cable pole costs for the underground dry utility conversion, SD HFH cannot move forward, despite SD HFH's best efforts to do so; and WHEREAS, the CITY proposes to allocate $88,600.00 of the HOME Investment Partnership Program funds through the 2019 2020 HUD Annual Action Plan. NOW, THEREFORE, the parties mutually agree that the Agreement dated October 18, 2014, as amended, is further amended as follows: 1. Section 5. After the first sentence insert the following sentence: The CITY will provide has appropriated and will provide ae additional $2'15,116.85 101,310.45 to SD-HFH to assist with development the acquisition and rehabilitation of of the remaining two HOME units (House 115 and tt6) as required by Exhibit "B" "Work Plan" due to the increase acquisition and the construction costs for the underground utility conversion on the homeownership project located at The CITY will additionally appropriate and provide propose award $88,600.00 to SD-HFH to assist with the under increased costs of construction to complete the dry utilities of the Assisted Units. 2. Section 8. Commencement and Term. The phrase "but in no case will extensions be permitted that will cause the project not to be completed by June 30, 2017" is deleted. This previously amended phrase is replaced with the phrase "but in no case will extensions be permitted that will cause the project not to be completed by June 30, 202320." Page 2 of 3 61 of 449 Attachment No.-1-1 Section 11. Insurance. SD HFH shall submit to the CITY updated proof of insurance consistent with the requirements of Section 11, pub,section "C", which is amended to add the following entence: SD HFH will require that all Project volunteers execute a Waiver and Release of Liability attached as Exhibit "J". Exhibit "J" is incorporated and attached hereto as "Attachment 1 to the Second Amendment". 3. Exhibit "A", PURCHASE AND REHABILITATION WORK PLAN. In the first paragraph, the date "June 30, 2014" was deleted and replaced with "June 30, 2017" by the First Amendment. The previously amended date of "June 30, 2017" is hereby replaced with the date of "June 30, 20230." 4. Exhibit "B", PRODUCTION TIMELINE AND DEVELOPMENT CALENDAR. In the section titled "Estimated Long Term Calendar", the 5th and 6th house completion previously revised by the First Amendment to "June 30, 2017" is hereby replaced with the date of "June 30, 20234." Section C of Exhibit "H", HOUSING REHABILITATIIOnN PROGRAM SPECIFICATIONS AA ND T I( A i ST A ND A D DC the date" 33 ended-b-y-t ie t Amendment in each instance is deleted and is replaced with the date "2016". Except as provided in Sections 1 through 6 above, each and every term and provision of the Agreement dated October 30, 2012 shall remain in full force and effect. IN WITNESS WHEREOF, the parties to the Agreement have executed this First Amendment to the Agreement on the day and year set forth above. CITY OF NATIONAL CITY SAN DIEGO HABITAT FOR HUMANITY COMMUNITY HOUSING By: Alejandra Sotelo Solis, By: Mayor;"Mayor3Mayer Lori Holt Pfeiler Executive Director APPROVED AS TO FORM: By: Angil P. Morris -Jones City Attorney By: Mark Emch Chair, Board of Directors Page 3 of 3 62 of 449 Attachment No.-1-1 ATTACHMENT "1" to Second Amendment EXHIBIT "J" TO CHDO AGREEMENT RELEASE -AND -WAIVER -OF -LIABILITY In consideration of the City of National City provision of funding for this activity, I agree to attor�yy'sfaes s g from my or my child's ins -„cti f,anF participation in Insert Housing Project Title Here on Insert Project Date D tes Nero or any , hold harmless :he City of Notional City and its officers agents omnloyees and volunteers the part of the City or its employees. I further consent to the unrestricted use by the City of National City, or any person similar visual or auditory recording of myself, or my child, in connection with volunteering. I other compensation arising or related to the use of my, or my child's, image, or recording. I public educational setting. There is no time limit on the validity of this rcl ase nor is there any geographic limitations of where these materials may be distributed. I UNDERSTAND AND AGREE THAT BY SIGNING THIS WAIVER I AM FREEING THE CITY OF NATIONAL CITY, ITS EMPLOYEES, OFFICERS, AGENTS, OR VOLUNTEERS FROM ANY LIABILITY RESULTING FROM MY, OR MY CHILD'S, INSTRUCTION OF, AND PARTICIPATION IN INSERT PROJECT TITLE HERE ON INSERT PROJECT EVENT DATE/ DATES HERE. I RECOGNIZE THAT THE ACTIVITY CAN BE DANGEROUS TO ME OR MY CHILD AND ACCEPT THOSE DANGERS. I UNDERSTAND THAT IF MYSELF OR MY CHILD IS INJURED, THIS WAIVER WILL BE USED AGAINST ME AND ANYONE ELSE CLAIMING DAMAGE BECAUSE OF MY INJURY IN ANY LEGAL ACTION. I ALSO UNDERSTAND THAT NO EMPLOYEE OR AGENT IS AUTHORIZED TO MODIFY THIS WAIVER. I CERTIFY THAT I HAVE PERSONALLY READ AND UNDERSTAND THIS WAIVER AND RELEASE. Participant Signature: Date Printed Name Parent er Guardian (If filling out this form fora minor): Signature Date Printed Name Page 4 of 3 63 of 449 Attachment No. 3 SECOND AMENDMENT TO THE HOME COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) FUNDING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO HABITAT FOR HUMANITY COMMUNITY HOUSING CORPORATION, INC. This Second Amendment to the Agreement is entered into this 20th day of June, 2017, between the City of National City, a municipal corporation (the "CITY") and San Diego Habitat for Humanity Community Housing Corporation, Inc., a California non-profit public benefit corporation ("SD-HFH"). RECITALS WHEREAS, the CITY and SD-HFH entered into the HOME Community Housing Development Organization ("CHDO") Funding Agreement on October 30, 2012 (the "Agreement") for the construction and/or rehabilitation of single-family residential housing in the City of National City; and WHEREAS, the CITY and SD-HFH entered into a First Amendment to the HOME CHDO Funding Agreement on October 18, 2014 (the "First Amendment"); and WHEREAS, the Agreement expires on June 30, 2017; and WHEREAS, due to market conditions, SD-HFH has experienced some difficulty in acquiring the property needed for its performance under the Agreement, despite SD-HFH's best efforts to do so; and WHEREAS, due to SD-HFH's use of volunteer labor to construct and/or rehabilitate the houses, SD-HFH has not been able to complete the required construction and/or rehabilitation by the estimated dates in Exhibit "B", despite SD-HFH's best efforts to do so; and WHEREAS, the parties desire to extend the term of the Agreement until June 30, 2020; and WHEREAS, SD-HFH will need additional funds to complete acquisition and rehabilitation of the remaining two HOME Program Assisted Units "Assisted Units"; and WHEREAS, the CITY allocated $245,116.85 on June 20, 2017 in HOME Investment Partnership Program funds through the First Amendment to the 2017-2018 HUD Annual Action Plan. NOW, THEREFORE, the parties mutually agree that the Agreement dated October 18, 2014, as amended, is further amended as follows: 1. Section 5. After the first sentence insert the following sentence: The CITY will provide an additional $245,116.85 to SD-HFH to assist with the acquisition and rehabilitation of the remaining two HOME units (House #5 and #6) as required by Exhibit "B" "Work Plan" due to the increase acquisition and construction costs. Page 1 of 3 64 of 449 Attachment No. 3 2. Section 8. Commencement and Term. The phrase "but in no case will extensions be permitted that will cause the project not to be completed by June 30, 2017" is deleted. This previously amended phrase is replaced with the phrase "but in no case will extensions be permitted that will cause the project not to be completed by June 30. 2020." 3. Section 11. Insurance. SD-HFH shall submit to the CITY updated proof of insurance consistent with the requirements of Section 11, subsection "C", which is amended to add the following sentence: SD-HFH will require that all Project volunteers execute a Waiver and Release of Liability attached as Exhibit "J". Exhibit "J" is incorporated and attached hereto as "Attachment 1 to the Second Amendment". 4. Exhibit "A", PURCHASE AND REHABILITATION WORK PLAN. In the first paragraph, the date "June 30, 2014" was deleted and replaced with "June 30, 2017" by the First Amendment. The previously amended date of "June 30, 2017" is hereby replaced with the date of "June 30, 2020." 5. Exhibit "B", PRODUCTION TIMELINE AND DEVELOPMENT CALENDAR. In the section titled "Estimated Long Term Calendar", the 5th and 6'h house completion previously revised by the First Amendment to "June 30, 2017" is hereby replaced with the date of "June 30, 2020." 6. Section C of Exhibit "H", HOUSING REHABILITATION PROGRAM SPECIFICATIONS AND TECHNICAL STANDARDS: the date "2013" as amended by the First Amendment in each instance is deleted and is replaced with the date "2016". Except as provided in Sections 1 through 6 above, each and every term and provision of the Agreement dated October 30, 2012 shall remain in full force and effect. IN WITNESS WHEREOF, the parties to the Agreement have executed this First Amendment to the Agreement on the day and year set forth above. CITY OFTIONAL CITY SAN DIEGO HABITAT FOR HUMANITY COM NITY HOUSING on Morrison, Mayor APPROVED AS TO FORM: City Attorney By: By: Lori Holt Pfeil Executive Director Mark me Chair, Board of Directors Page 2 of 3 65 of 449 Attachment No. 3 ATTACHMENT "1" to Second Amendment EXHIBIT "J" TO CHDO AGREEMENT RELEASE AND WAIVER OF LIABILITY In consideration of the City of National City provision of funding for this activity, I agree to waive and release the City of National City and its officers, agents, employees, and volunteers from and against any and all claims, costs, liabilities, expenses or judgments, including attorney's fees and court costs arising from my or my child's instruction of, and participation in, Insert Housing Project Title Here on Insert Project Date/Dates Here, or any illness or injury including death resulting there from, and hereby agree to indemnify and hold harmless the City of National City and its officers, agents, employees, and volunteers from and against any and all such claims, whether caused by negligence or otherwise, except for illness and injury resulting directly from gross negligence or willful misconduct on the part of the City or its employees. I further consent to the unrestricted use by the City of National City, or any person authorized by them of any photographs, recordings, interviews, videotapes, motion pictures or similar visual or auditory recording of myself, or my child, in connection with volunteering. I understand that my, or my child's, image may be edited, copied, exhibited, published or distributed by the City of National City, and I waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my, or my child's, image, or recording. I also understand that this material may be electronically displayed via the Internet or in a public educational setting. There is no time limit on the validity of this release nor is there any geographic limitations of where these materials may be distributed. I UNDERSTAND AND AGREE THAT BY SIGNING THIS WAIVER I AM FREEING THE CITY OF NATIONAL CITY, ITS EMPLOYEES, OFFICERS, AGENTS, OR VOLUNTEERS FROM ANY LIABILITY RESULTING FROM MY, OR MY CHILD'S, INSTRUCTION OF, AND PARTICIPATION IN INSERT PROJECT TITLE HERE ON INSERT PROJECT EVENT DATE/ DATES HERE. I RECOGNIZE THAT THE ACTIVITY CAN BE DANGEROUS TO ME OR MY CHILD AND ACCEPT THOSE DANGERS. I UNDERSTAND THAT IF MYSELF OR MY CHILD IS INJURED, THIS WAIVER WILL BE USED AGAINST ME AND ANYONE ELSE CLAIMING DAMAGE BECAUSE OF MY INJURY IN ANY LEGAL ACTION. I ALSO UNDERSTAND THAT NO EMPLOYEE OR AGENT IS AUTHORIZED TO MODIFY THIS WAIVER. I CERTIFY THAT I HAVE PERSONALLY READ AND UNDERSTAND THIS WAIVER AND RELEASE. Participant Signature: Date Printed Name Parent or Guardian (If filling out this form for a minor): Signature Date Printed Name Page 3 of 3 66 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 67 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 a Memorandum Of Understanding (MOU) between the San Diego Unified Port District (Port) and the City of National City for funding for design and entitlements for the Bayshore Bikeway Segment Five. (Engineering/Public Works) Please scroll down to view the backup material. 67 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum Of Understanding (MOU) between the San Diego Unified Port District (Port) and the City of National City for funding for design and entitlements for the Bayshore Bikeway Segment Five. PREPARED BY: Luca Zappiello, Assistant Civil Engineer el - PHONE: 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORMANC E: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to execute a MOU between the Port and the City for funding for design and entitlements for the Bayshore Bikeway Segment Five. BOARD / COMMISSION RECOMMENDATION: N/A ,AA.i, TAGI-IMENTS: 1. Explanation 2. Memorandum Of Understanding 3. Resolution 68 of 4491 EXPLANATION In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the Bayshore Bikeway — Segment 5 Project. The project wilt provide nearly 1.5 miles of protected bicycle facilities along McKinley Avenue and Marina Way in the City of National City (see attached exhibit). Staff requested $5,421,000 in Federal ATP funds. in January 2019, staff received notification from Caltrans that the City had been awarded Federal ATP funds in the amount of $5,421,000, which requires a local match from the City of $70,000. The remaining $900,000 match is available through the San Diego Unified Port District's Maritime Industrial Impact Fund (MIIF), resulting in a total project cost of $6,391,000. The attached Memorandum of Understanding outlines the terms of use of MIIF funds for the project. The Port has budgeted $200,000 for the project's environmental clearance, topographic survey, and preliminary engineering for FY 2020, and $700,000 for final design and permitting to for FY 2021. The ATP grant will fund project construction. 69 of 449 LI1 4--, c a) E aJ cr) I �� � �: l ocs co 70 of 449 Page 1 of 5 C Attachment C to Agenda File No. 2019-0299 MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY FOR FUNDING FOR DESIGN AND ENTITLEMENTS FOR THE BAYSHORE BIKEWAY SEGMENT FIVE FROM THE MARITIME INDUSTRIAL IMPACT FUND This MEMORANDUM OF UNDERSTANDING (MOU) is entered into on , 2019 between the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter referred to as "District", the CITY OF NATIONAL CITY, a municipal corporation, hereinafter referred to as "City". The District and City are collectively hereinafter referred to as "parties". WHEREAS, the District's Board of Port Commissioners (BPC) adopted BPC Policy No. 773 to establish a Maritime Industrial Impact Fund (MIIF) and a selection process for projects to offset the adverse impacts of the presence of maritime industrial facilities; and WHEREAS, the City submitted a request to use MIIF funds to fund segment five of the San Diego Association of Government's (SANDAG) Bayshore Bikeway Project located on City and District property in the City; and WHEREAS, the City submitted a grant application to the California Transportation Commission (CTC) for the Active Transportation Program (ATP), Cycle 4 grant program, administered by California Department of Transportation (CALTRANS) for the purposes of increasing the use of active modes of transportation; and WHEREAS, segment five of the Bayshore Bikeway (Project) is proposed to be located adjacent to and on District Tidelands and generally on Marina Way from 32nd Street to Bay Marina Drive, Bay Marina Drive from Marina Way to McKinley Avenue, and McKinley Avenue from Bay Marina Drive to Civic Center Drive; and WHEREAS, the California Harbors and Navigation Code, Appendix 1 (Port Act) Section 30.5 specifies that the District may make capital expenditures between $100,000 to $1,000,000 outside District tidelands for transportation facilities like the Project conditioned on giving the California State Lands Commission (SLC) written notice of the proposed expenditure at least 60 days prior to making said expenditure (Section 30.5 Notice); and WHEREAS, in July 2018, the BPC approved $900,000 in match funding from the MIIF, contingent on an expiration of the Section 30.5 Notice, the City successfully receiving ATP grant funds for the Project, and environmental review in accordance with the California Environmental Quality Act (CEQA) being conducted for the Project; and WHEREAS, when completed, the Bayshore Bikeway will serve as a connector that links the District's five member cities and provide access to the waterfront; and 71 of 449 Page 2 of 5 C WHEREAS, the total Project cost is estimated at approximately $6,400,000; and WHEREAS, District staff has budgeted MIIF funds of $200,000 for the Project's environmental clearance, topographic survey, and preliminary engineering to be spent in FY20 (collectively, Phase 1), and $700,000 for final design and permitting to be spent in FY21 (collectively, Phase 2); and WHEREAS, none of the funding subject to this MOU shall be spent on construction of the Project; and WHEREAS, funding of Phase 2 is expressly conditioned upon the adoption of the CEQA review for the Project; and WHEREAS, the total $900,000 is to be used for the purposes of matching ATP grant funds. Date). NOW THEREFORE, for valuable consideration, the parties agree as follows: 1. This MOU shall be effective on the 1st day of November 2019 (Effective 2. The term of this MOU shall be three (3) years from the Effective Date. 3. The District shall, pursuant to the terms of this MOU, reimburse the City up to $200,000 for the Project's environmental clearance, topographic survey, and preliminary engineering, anticipated to be spent in fiscal year (FY) 20, and also reimburse the City up to $700,000 for final design and permitting, anticipated to be spent in FY21. 4. The City shall be solely responsible for the Project and shall act as overall program manager for the implementation of the Project. The design and construction of the Project may be carried out by the contractor retained by the City, with prevailing wages paid, and under the management and direction of the City. 5. The District shall not pay the City for Phase 2 until and unless the CEQA review for the Project has been approved by the appropriate CEQA lead agency and responsible agency(ies) (collectively, CEQA Agencies). This MOU shall not in any manner impede, reduce or divest the CEQA Agencies from their legal discretion, including, without limitation, the approval or disapproval of the Project, adoption of conditions related to the Project, and adoption of feasible mitigation measures, alternatives, including the no Project alternative or a statement of overriding considerations, if applicable. 6. As a prerequisite for payment, the City shall invoice the District for costs associated with the Project. The invoice shall be accompanied by invoices and receipts from the entitlement and design consultant(s) and proof of payment by the City for the work. Bayshore Bikeway MOU Page 2 of 5 San Diego Unified Port District and October 2019 City of National City 72 of 449 Page 3of5C 7. Invoices shall include documentation, to the satisfaction of the District, of all work performed. All invoices for reimbursement shall be received by the District before the MOU term expires. 8. The District will review invoices submitted by the City. If the services rendered fall within the scope of this MOU, the District will use commercially reasonable efforts to reimburse the City within thirty (30) days of receipt of the qualifying invoice. 9. The City is solely responsible for the remaining funds necessary to complete the Project over and above the $900,000 in MIIF funds provided by the District under this MOU. The City's funding may come from grants or other sources as determined by the City. 10. If the Project is not completed by the end of the MOU term, both parties shall execute a written amendment to this MOU extending the term. The Executive Director of the District, and the City Manager of the City, are each hereby granted authority to extend the term of the MOU up to a total term of seven (7) years under this Section without returning to the BPC, or the City Council, respectively. Any extensions described in this Section also extend the respective FY reimbursement deadlines in Section 3 and otherwise described in this MOU. 11. The District shall submit the Section 30.5 Notice to SLC, notifying SLC of the MOU and District's commitments thereunder within ten (10) days of the final execution of the MOU. 12. The District has no obligation under the MOU until the Section 30.5 Notice period expires without objection from the SLC. 13. The Project's purpose is to: a. Construct segment five of SANDAG's Bayshore Bikeway; b. Enhance bicycle connections to public transit, parks, and the working waterfront including Naval Base San Diego and District tenant shipyards and other industrial businesses; and c. Promote safe and viable bicycle and public transportation as mobility choices. 14. The MIIF funds shall be used solely for the following purposes and for no other purposes: a. Environmental clearance, b. Topographic surveys, c. Preliminary engineering, d. Final design, and Bayshore Bikeway MOU Page 3 of 5 San Diego Unified Port District and October 2019 City of National City 73 of 449 Page 4of5C e. Permitting. 15. The City shall indemnify and hold harmless the District and its commissioners, respective officers, directors, members, employees, agents, partners, joint ventures', affiliates, successors and assigns (collectively and individually, Indemnified Party) from and against any and all liabilities, obligations, claims, demands, causes of action, legal challenges, litigation, losses, expenses, damages, fines, judgments, settlements and penalties, including, without limitation, costs, expenses and attorney's fees incident thereto (collectively Claim), arising out of, based upon, or occasioned by or in connection with: a. The City's performance of (or failure to perform) the Project; b. A violation of any laws or any actions or failure to act by the City or its affiliates, contractors, subcontractors, agents or employees during performance of the Project; c. The approval of this MOU and approval of funding of the Project; d. A breach of this MOU by the City or its contractor or any of its affiliates, subcontractors, agents or employees; and e. Injuries allegedly suffered by City's employees, affiliates, contractors, subcontractors, agents or any other person where such are associated with the Project. The aforesaid obligation of indemnity shall be construed to extend to all legal, defense and investigation costs, as well as all other reasonable costs, expenses and liabilities incurred by the indemnified Party, from and after the time at which the Indemnified Party receives notification (whether verbal or written) that a Claim is to be made or may be made. This Section shall survive the term of this MOU and shall be in full force and effect for a period that any Claim may be made against the Indemnified Party. The District may participate in any defense ofa Claim, choose counsel of its choice and the City shall reimburse the District all reasonable attorneys' fees and costs. The City's duty to indemnify, and hold harmless described in this Section shall not include any Claim arising from the active negligence, sole negligence or willful misconduct of the District, its agents, officers, or employees. 111 Bayshore Bikeway MOU Page 4 of 5 San Diego Unified Port District and October 2019 City of National City 74 of 449 Page 5 of 5 C IN WITNESS WHEREOF, the parties have executed this MOU as of the date first above written. SAN DIEGO UNIFIED PORT DISTRICT By: Approved as to form and legality: GENERAL COUNSEL By: AssistantlDeputy Bayshore Bikeway MOU 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 Page 5 of 5 San Diego Unified Port District and October 2019 City of National City 75 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 76 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) awarding a contract to Baker Electric, Inc. in the amount of $336,104.36 for the Las Palmas Pool Electrical System Replacement, CIP No. 19-46; 2) authorizing a 15% contingency in the amount of $50,415.65 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) Please scroll down to view the backup material. 76 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING November 19, 2019 AGENDA ITEM ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Baker Electric, Inc. in the amount of $336,104.36 for the Las Palmas Pool Electrical System Replacement, CIP No. 19-46; 2) authorizing a 15% contingency in the amount of $50,415.65 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Jose Lopez, PHONE: 619-336-4312 EXPLANATION: See attached explanation. sociate Engineer DEPARTMENT: Engineering and Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS Expenditure Account: 001-406-500-598-1500 (Facilities Upgrades — Tier 1 Projects) - $336,104.36 15% contingency Expenditure Account: 001-406-500-598-1500 (Facilities Upgrades — Tier 1 Projects) - $50,415.65 ENVIRONMENTAL A CEQA Notice of Exemption will be filed with the County Recorder's Office prior to construction. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF Adopt Resolution awarding a contract to Baker Electric, Inc. in the amount of $336,104.36 for the Las Palmas Pool Electrical System Replacement, CIP No. 19-46. BOARD / COMMISSION N/A ATTACHMENTS 1. Explanation 2. Bid Opening Summary 3. Two Lowest Bidders Summary 4. Owner -Contractor Agreement 5. Resolution 77 of 445 Explanation On April 3, 2018, at the City Council Workshop, the Engineering and Public Works Department presented the Capital Improvement Program Needs Assessment with an objective of evaluating, prioritizing and identifying funding options for the repair, replacement and expansion of the City's physical infrastructure, facilities, parks, and fleet. As a part of the Needs Assessment, the Las Palmas Pool Electrical System Replacement project was identified as a Tier 1 project, where a Tier 1 project is defined as an urgent project based on public health and safety. Staff has been working on the electrical design with Randall Lamb Associates, Inc. as well as coordinating with San Diego Gas and Electric to grant an easement to underground, construct and/or maintain electrical and communications facilities that service Las Palmas Municipal Pool and Camacho Recreation Center. The project includes a new SDG&E 480/277 volt service to the Las Palmas Pool, replacement of all existing electrical equipment in the Las Palmas Pool main electrical room, extension and reconnection of all existing feeders and branch circuits to the new electrical equipment, and a new sub -feed from the Las Palmas Pool electrical system to the Camacho Recreation Center. On October 9, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On October 11, 2019 and October 14, 2019, the bid solicitation was advertised in local newspapers. On October 28, 2019, two (2) bids were received by the 2:00 p.m. Bid results were immediately available for viewing on PlanetBids. Baker Electric, Inc. was the apparent lowest bidder with a total bid amount of $336,104.36. Upon review of all documents submitted, Baker Electric, Inc.'s bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to Baker Electric, Inc. in the not -to - exceed amount of $336,104.36. Staff also recommends authorizing a 15% contingency in the amount of $50,415.65 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the two lowest bidders for reference. Also attached is the Owner -Contractor Agreement. Construction is estimated to be completed by Spring 2020. Updates will be provided on the City's CIP website at: nationalcityprojects.com. 78 of 449 14 BID OPENING RESULTS NAME: LAS PALMAS POOL ELECTRICAL SYSTEM REPLACEMENT CIP NO: 19-46 DATE: Monday, October 28, 2019 TIME: 2:00 P.M. ESTIMATE: $400,000 PROJECT ENGINEER: Roberto Yano, P.E. NO. BIDDER'S NAME BID AMOUNT BID SECURITY -BOND 1. Baker Electric 1298 Pacific Oaks Place Escondido, CA 92029 $336,104.36 Bond 2. Global Power Group, Inc. 12060 Woodside Ave. Lakeside, CA 92040 $426,400.00 Bond 79 of 449 Bid Results for Las Palmas Pool Electrical System Replacement, CIP No. 19-46 Baker Electric Global PouuerG.roup, Inc..- Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 1 Mobilization LS 1 $2,500.00 $2,500.00 $40,000.00 $.40,000.00: $37540O.00 2 Las Palmas Pool Electrical System Replacement LS 1 $332,604.36 $332,604.36 $375,400.00 3 Water Quality Control LS 1 $0.00 $0.00 $6,500.00 '; :'-:'$6 500.00 4 Traffic Control LS 1 $1,000.00 $1,000.00 $4,500.00 ': `::;; $4 506:00: Total $336,104.36 $426,400.00 OWNER - CONTRACTOR AGREEMENT LAS PALMAS POOL ELECTRICAL SYSTEM REPLACEMENT, CIP NO. 19-46 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and (Contractor's Name) ("Contractor"), (Contractor's address) on the day of , 20 , for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments,to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 81 of 449 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor 'to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor 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 Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's 82 of 449 services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has ail licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch, 12. COUNTERPARTS This Agreement may be executed in any slumber of counterparts, each of which shall for all purposes be deemed to be an original, 13. FALSE CLAIMS Contractor acknowledges that -if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity.. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. in the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. l have read and understood all of the provisions of this Section 15, above: (Initial) (initial) 83 of 449 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Contractor: Mayor, City of National City (Owner/Officer signature) Attest: City Clerk, City of National City Print name and title (Second officer signature if a corporation) Print name and title Contractor's City Business License No. State Contractor's License No. and Class Business street address City, State and Zip Code 84 of 449 EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of WITS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. 85 of 449 EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) 86 of 449 CORPORATE CERTIFICATE I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the of said Contractor, was then Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 87 of 449 PARTNERSHIP CERTIFICATE STATE OF ) COUNTY OF ) ss On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared:, (Notary Seal) known to me to be . ` of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same, Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 88 of 449 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the day of , 20 has awarded to , hereinafter designated as the "Principal", the LAS PALMAS POOL ELECTRICAL SYSTEM REPLACEMENT, CIP NO. 19-46. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the City Council of the City of National City hereinafter called the "Council", in the penalsumof ($ lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE,. CONDITION OF. THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs; executors; administrators, successors or assigns, shall in all things stand to'' and abide, by, and well and truly keep and perform the covenants, conditions and agreements in 'the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. 89 of 449 And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of , 20 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 90 of 449 PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the .attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he. subscribed the, name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: 91 of 449 PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the day of , 20 has awarded , hereinafter designated as the "Principal', the LAS PALMAS POOL ELECTRICAL SYSTEM REPLACEMENT, CIP NO. 19-46. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part'4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the City Council, of the City of National City, hereinafter called the "Council", in the penal sum of lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 92 of 449 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of 20 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 93 of 449 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me 'that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS 94 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 95 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City granting a Quitclaim Deed for an easement across the parcel of land located at 405 W. 18th Street (A.P.N. 559 085 08 00) due to abandonment of a sewer main. (Engineering/Public Works) Please scroll down to view the backup material. 95 of 449 MEETING DATE: November 19, 2019 AGENDA ITEM NO. ITEM TITLE° A Resolution of the City Council of the City of National City granting a Quitclaim Deed for an easement across the parcel of land located at 405 W. 18th Street (A.P.N. 559 085 08 00) due to abandonment of a sewer main. PREPARED BY: Carla Hutchinson, Assistant Engineer - CivilC, y., DEPARTMENT: Engineering/Public Works PHONE: 619-336-4388 EXPLANATION: Community Development Commission of the City of National City is the owner of a parcel of land located at 405 W. 18t'' Street on the northwest corner of the intersection of Harding Avenue and W. 18t'' Street. There is an existing sewer easement on this property. There are no existing sewer facilities in this sewer easement due to abandonment of a sewer main. Therefore, staff has determined that the sewer easement is no longer required. APPROVED BY: Community Development Commission of the City of National City is requesting that the City of National City quit claim the abandoned sewer main easement for future development of the property. The easement area is more particularly described in Exhibits A and B (attached). FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Quitclaim Deed Document 2. Legal Description and Plat Map 3. Resolution 96 of 449 RECORDING REQUESTED BY: City of National City, a Municipal Corporation WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO: Successor Agency to Community Development Commission as the National Clty Redevelopment Agency Attn: Brad Elaulston, Executive Director 1243 National Gity Boulevard National City, CA 91950 QUITCLAIM DEED SPACE ABOVE THIS LINE FOR RECORDER'S USE APN No. 559-085-OB OFFICIAL BUSINESS Document Entitled to Free Recording Per Government Code §§ 6103 & 27383 THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENT TRANSFER TAX Is $ 0,00 CITY TAX $ 0,00 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. Hereby REMISE(s) AND FOREVER QUITCLAIM(s) to COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ACTING IN ITS CAPACITY AS THE HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, A PUBLIC BODY, CORPORATE AND POLITIC OF THE STATE OF CALIFORNIA. • that property in the City of National City, County of San Diego, State of California, described as: An easement for sewer and incidental purposes as recorded in Book 725, Page 88 of Official records. As shown on Exhibit "A" and Exhibit "B" attached hereto and made a part hereof. Dated: By: Alejandra Sotolo-Solis, Mayor A notary or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is I attached, and not to she truthfulness, accuracy, or validity of that document, STATE OF CALiFORNIA County of } es On • before me, Michael R. Della — Gity Clerk Date Name and Title of Officer personally appeared Alejandro Sotelo-Solis, Mayor who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within Instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/theirsignature(s) on the Instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that foregoing paragraph Is true and correct. WITNESS my hand and official seal. Michael R. Della -- Clty Clerk MAIL TAX STATEMENTS TO ADDRESS AS SHOWN ABOVE 97 of 449 Page 1 of 1 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PORTION OF A 10 FOOT WIDE EASEMENT GRANTED TO THE CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION AS DESCRIBED IN A DOCUMENT RECORDED FEBRUARY 25, 1936 IN BOOK 752, PAGE 88, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, LYING WITHIN LOT 14, BLOCK 146, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348, MAP OF NATIONAL CITY, CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHERLY 10 FEET OF SAID LOT 14. CONTAINING 1,150 SF THIS LEGAL DESCRIPTIO1 AS PREPARED BY ME OR UNDER MY DIRECTION: VIN D. MCHUGH J,.., S 6310 I:\ 181183091PROD\Mapping\Legals & Plats118309 Sewer QC DA E: 98 of 449 LOT 4 LOT 5 �V LOT 64' APN: 559-085-05 LOT 7 APN: 559-085-06 LOT 8 APN: 559-085-07 LOT 9 LOT 10 (10) (10') (10') (115) LOT 15 N APN: 559-085-08 0 SL'Y LINE to LOT 14 /0FL0T14 �- (115'2 LOT 13 (115) EXHIBIT "B" LOT 19 LOT 18 LOT 17 APN: 559-085-09 0 LOT 18 Lel (1152.2 Nth' LINE OF LOT 14 N 18TH STREET SHEET 1 OF 1 (40') (40') 0 15 30 60 1777 INDICATES EASEMENT AREA TO BE VACATED 1_/1 1,150 5F± / 0.026 AC, O EASEMENT GRANTED TO THE CITY OF NATIONAL CITY, REC. 2/26/1936 IN BOOK 752, PAGE 88. Q GRANT DOE) TO HERRERA, REC 9/11/2013 AS INSTRUMENT NO, 2013--0561597, OR. 30 GRANT DEED TO COMMUNITY DEVELOPMENT COMMISSION OF TTHE CITY OF NATIONAL CITY ACTING ITS CAPACITY AS THE HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, REC. 8/01/2012 AS INSTRUMENT NO. 2012-0450064, OR. () M&R PER MAP NO. 348. SCALE IN FEET GRAPHIC SCALE 1 '= 30' MASSON & ASSOCIATES, INC, Manning A Engineering f Surveying SOLVED 200 East Wishing ion Ave., Suite 200 Escondido, CA 92025 P. 760,741,3570 F, 760,741.1786 www. ma sson-assoc.com EASEMENT VA CA TION PLAT WITHIN LOT 14, BLOCK 146 OF NATIONAL CITY, MAP NO. 348 CITY OF NATIONAL CITY 99 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 100 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign an Encroachment and Removal Agreement with Karim Mansour to install 3 canopies to overhang the public right of way at the 322 through 330 Highland Avenue. (Engineering/Public Works) Please scroll down to view the backup material. 100 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign an Aerial Encroachment Permit and Agreement with the property owner to install three canopies to overhang the public right of way at 322 through 330 Highland Avenue. PREPARED BY- Charles Nissley, Sr. Civil Engineering DEPARTMENT: Engineering/Public Works PHONE: 336-4396 EXPLANATION: Karim Mansour, owner of the property located at 322 through 330 Highland Avenue, has an approved grading plan for a proposed new mixed -use building. The building design will incorporate three canopies that will encroach over the public right of way, requiring Mr. Mansour to obtain an aerial encroachment easement for each of the three canopies. Mr. Mansour is requesting that the Mayor execute the attached Aerial Encroachment Permit and Agreement so he can move forward with his project. FINANCIAL S rATEiiiiENT : ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED BY: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution accepting and authorizing the Mayor to sign an Aerial Encroachment Permit and Agreement with the property owner to install three canopies to overhang the public right of way at 322 through 330 Highland Ave BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Aerial Encroachment Permit and Agreement 2. Insurance Certification 3. Resolution 101 of 4491 FEE: $500.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of N tional City hereby grants an Encroachment Permit to the undersigned, rt#1 GIVc$ot.(hereinafter referred to as "OWNER"), in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of personal property that is proposed to be installed in the public right-of-way or other public property of the City of National City, County of San Diego, State of California. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain certain personal property or a building, facility, or other structure (hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property, or right-of-way for the use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of OWNER'S encroachment is described in Exhibit "B", attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by the City Engineer, the above described encroachment shall be abandoned, removed, or relocated by OWNER at the owner's sole expense. 2. The said encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk, and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3. This Permit and Agreement, when made for the direct benefit of OWNER's land or property described above, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the encroachment herein permitted within thirty (30) clays after notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at OWNER's sole cost and expense, which shall be a lien upon said land. A copy of this Encroachment Agreement shall be recorded against any real property of the owner's that is hereby benefited by the encroachment. Upon request by CITY, PERMITTEE shall record this Encroachment Agreement with the County of San Diego, County Recorder's Office, and upon recordation shall return the original to the CITY. 4. OWNER shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of Owner's entry upon and use of City's easement or right-of-way for the installation, maintenance, and use of the owner's encroachment. 5. OWNER and each successor in interest or assign shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Encroachment Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents, and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall 102 of 449 provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Encroachment Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this section. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this Agreement. 6. The full terms and conditions under which this Encroachment Permit is issued are further set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. The City reserves the right to charge the Owner "fair and reasonable" compensation for the use of CITY property retroactive to the date of construction or installation of the encroachment. b. The CITY can require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at owner's expense. 7. This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. DATED: t Ofryki CITY OF NATIONAL CITY PERMITTEE: ku Vt,e), Alejandra Sotelo-Solis, Mayor Entity/company California All -Purpose Acknowledgement See Attachment Signature Name & Title ktc H! pferlc — ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Person in Responsible Charge ((q) •ID1 2/0 2". 24/7 Phone Number 14040( P,/ U Firm Nam Mailing Address: 4 y,6 t4 0 e0,r d� Dee"ta', CAq DE PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED 2 Encroachment Permit and Agreement (Commercial)) 103 of 449 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On (jCr} A /2 2 co Zon before me, Sara Gonzalez Castro, Notary Public, personally appeared f7 OD O L- K f1121 M 7)719,,U yo u iL SARA GONZALEZ CASTRO Notary Public - California San Diego County z Commission # 2167473 Ph Comm. Expires Oct 10, 2020 R. who proved to me on the basis of satisfactory evidence to be the personKj whose name(,') is/ar--e subscribed to the within instrument and acknowledged to me that he/she../.they executed the same in his/her/their authorized capacity(), and that by his/her./..their signatures) on the instrument the person(), or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL This information not required by law, but may prevent fraudulent removal and reattachment to another document. Title/Type of Document Gd. CnUcNet, EniT i /erni r 4 C-, vtr Document Date /0 ' ' 1 9 Number of Pages CAPACITY(IES) CLAIMED BY SIGNER(S) Signer's Name ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner ❑ Limited ❑ General O Attorney In Fact O Trustee O Guardian or onservator ❑ Other Signer Is Representing Signer's Name idual O Corporate e . cer — Title(s) _ ❑ Partner O Limited O General ❑ Attorney In Fact ❑ Trustee Guardian or Co ervator 0; O Other Signer Is Representing Right Thumbprint Of Signer 104 of 449 EXHIBIT "A" CANOPY 1 LOCATION: EAST SIDE OF BUILDING OVER SUITES C, D AND E, EXTENDING A MAXIMUM OF 42" BEYOND PROPERTY LINE HEIGHT: UNDERSIDE OF OVERHANG @ 12'-4" ABOVE SIDEWALK AT SOUTH END, 11'-3" ABOVE SIDEWALK AT NORTH END THICKNESS: APPROXIMATELY 12" (VARIES WITH SLOPE AT TOP SIDE) MATERIAL: FACE AND UNDERSIDE WRAPPED IN ALUMINUM (OR SIM PANELIZED MATERIAL), ROOFING MEMBRANE / DECK SURFACE AT TOP SIDE SIGNAGE: 3-DIMENSIONAL LETTERING ATTACHED TO TOP SIDE OF CANOPY NEAR THE OUTSIDE EDGE OF THE OVERHANG, MAX 24" TALL CANOPY 2 LOCATION: EAST SIDE OF BUILDING OVER SUITE B, EXTENDING A MAXIMUM OF 42" BEYOND PROPERTY LINE HEIGHT: UNDERSIDE OF OVERHANG @ 10'-3" ABOVE SIDEWALK AT WEST END, 9'-3" ABOVE SIDEWALK AT EAST END THICKNESS: APPROXIMATELY 12" (VARIES WITH SLOPE AT TOP SIDE) MATERIAL: FACE AND UNDERSIDE WRAPPED IN ALUMINUM (OR SIM PANELIZED MATERIAL), ROOFING MEMBRANE / DECK SURFACE AT TOP SIDE CANOPY 3 LOCATION: SOUTH SIDE OF BUILDING OVER SUITE A, EXTENDING A MAXIMUM OF 52" BEYOND PROPERTY LINE HEIGHT: UNDERSIDE OF OVERHANG @ 9'-6" ABOVE SIDEWALK THICKNESS: APPROXIMATELY 7" MATERIAL: FACE AND UNDERSIDE WRAPPED IN ALUMINUM (OR SIM PANELIZED MATERIAL), ROOFING MEMBRANE AT TOP SIDE CABLE SUPPORTS: (2) ATTACHMENT TO TOP SIDE OF CANOPY SLOPING BACK TO BUILDING FACE AT 45° SIGNAGE: 3-DIMENSIONAL LETTERING ATTACHED TO TOP SIDE OF CANOPY NEAR THE OUTSIDE EDGE OF THE OVERHANG, MAX 24" TALL 105 of 449 106 of 449 107 of 449 108 of 449 IIlii IN !MN ' - flfl .1 llllll 1 _L , 11111 4 i,1►Idll 1111 Mllliii JIIIIIiII �11nma. 'igllll11 109 of 449 110of44Q EXHIBIT "B" AERIAL ENCROACHMENT AREA APN: 556-127-05 CANOPY 1 PARCEL 1 AN AERIAL ENCROACHMENT FOR A CANOPY WITH A MINIMUM VERTICAL CLEARANCE OF 11.25 FEET MEASURED FROM THE FINISH SURFACE OF THE SIDEWALK TO THE BOTTOM OF THE CANOPY ENCROACHING OVER THAT PORTION OF THE WESTERLY ONE- HALF OF HIGHLAND AVENUE BEING A PORTION OF THE SOUTHERLY ONE-HALF OF THE EASTERLY QUARTER OF 10 ACRE LOT 13, IN QUARTER SECTION 155 OF RANCHO DE LA NACION 1N THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEIGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A LEAD AND DISC STAMPED LS 7655 IN CONCRETE AT THE MOST NORTHERLY CORNER OF RECORD OF SURVEY MAP NO. 22919, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 05, 2018, SAID POINT BEING IN THE WESTERLY LINE OF HIGHLAND AVENUE HAVING A HALF WIDTH OF FORTY FEET; THENCE ALONG SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 17°47'06"EAST 15.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE AT RIGHT ANGLES TO SAID WESTERLY LINE OF HIGHLAND AVENUE NORTH 72°12'54" EAST 3.50 FEET; THENCE PARALLEL WITH SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 17°47'06" EAST 65.12 FEET; THENCE AT RIGHT ANGLES TO SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 72°12'54" WEST 3.50 FEET TO SAID WESTERLY LINE OF HIGHLAND AVENUE; THENCE ALONG SAID WESTERLY LINE NORTH 17°47'06"WEST 65.12 FEET TO THE TRUE POINT OF BEGINNING. AREA=228 SQUARE FEET MORE OR LESS CANOPY 2 PARCEL 2 AN AERIAL ENCROACHMENT FOR A CANOPY WITH A MINIMUM VERTICAL CLEARANCE OF 9.25 FEET MEASURED FROM THE FINISH SURFACE OF THE SIDEWALK TO THE BOTTOM OF THE CANOPY ENCROACHING OVER THAT PORTION OF THE WESTERLY ONE- HALF OF HIGHLAND AVENUE BEING A PORTION OF THE SOUTHERLY ONE-HALF OF THE EASTERLY QUARTER OF 10 ACRE LOT 13, IN QUARTER SECTION 155 OF RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEIGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 111 of 449 COMMENCING AT A LEAD AND DISC STAMPED LS 7655 IN CONCRETE AT THE MOST NORTHERLY CORNER OF RECORD OF SURVEY MAP NO. 22919, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 05, 2018, SAID POINT BEING IN THE WESTERLY LINE OF HIGHLAND AVENUE HAVING A HALF WIDTH OF FORTY FEET; THENCE ALONG SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 17°47'06"EAST 95.73 FEET TO THE TRUE POINT OF BEGINNING; THENCE AT RIGHT ANGLES TO SAID WESTERLY LINE OF HIGHLAND AVENUE NORTH 72° 12'54" EAST 3.50 FEET; THENCE PARALLEL WITH SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 17°47'06" EAST 7.80 FEET; THENCE AT RIGHT ANGLES TO SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 72°12'54" WEST 3.50 FEET TO SAID WESTERLY LINE OF HIGHLAND AVENUE; THENCE ALONG SAID WESTERLY LINE NORTH 17°47'06"WEST 7.80 FEET TO THE TRUE POINT OF BEGINNING. AREA=27 SQUARE FEET MORE OR LESS CANOPY 3 PARCEL 3 AN AERIAL ENCROACHMENT FOR A CANOPY WITH A MINIMUM VERTICAL CLEARANCE OF 9.50 FEET MEASURED FROM THE FINISH SURFACE OF THE SIDEWALK TO THE BOTTOM OF THE CANOPY ENCROACHING OVER THAT PORTION OF THE NORTHERLY ONE-HALF OF 4TH STREET BEING A PORTION OF THE SOUTHERLY ONE-HALF OF THE EASTERLY QUARTER OF 10 ACRE LOT 13, IN QUARTER SECTION 155 OF RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEIGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A LEAD AND DISC STAMPED LS 7655 IN CONCRETE AT THE MOST NORTHERLY CORNER OF RECORD OF SURVEY MAP NO. 22919, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 05, 2018, SAID POINT BEING IN THE WESTERLY LINE OF HIGHLAND AVENUE HAVING A HALF WIDTH OF FORTY FFFT; THENCE ALONG SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 17°47'06"EAST 125.80 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING IN THE NORTHERLY LINE OF 4TH STREET HAVING A HALF WIDTH OF FORTY FEET; THENCE ALONG SAID NORTHEYLY LINE OF 4TH STREET SOUTH 71°54'08" WEST 75.89 FEET; THENCE AT RIGHT ANGLES TO SAID NORTHERLY LINE OF 4TH STREET SOUTH 18°05'52" EAST 4.33 FEET; THENCE PARALLEL WITH SAID NORTHERLY LINE OF 4TH STREET NORTH 71°54'08" EAST 75.89 FEET; THENCE AT RIGHT ANGLES TO SAID NORTHERLY LINE OF 4TH STREET NORTH 18°05'52" WEST 4.33 FEET TO THE TRUE POINT OF BEGINNING. AREA=329 SQUARE FEET MORE OR LESS 112 of 449 EXHIBIT f B ' N7154'08'E 100.00' LINE TABLE NO. BEARING DISTANCE L 1 N7212'547- 3.50' L2 S7272'54"W 3.50' L3 N7272'1541- 3.50' L4 S7272'54"W 3.50' L5 N1747'06"W 780' L6 N1805'52'W 4.33' L7 518'05'52'E 4.33' S'LYE'LY 1o0ACRE LOU SEC155 RANCHO DE LA HAt cai PARCEL3 CANOPY STRUCTURE NO 3 ABODE GRADE ENCROACHMENT 3 LEGEND ENCROACHMENT AREA O LEAD AND DISC PER ROS 22919 P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING NOTE BOUNDARY DATA SHOWN HEREON PER ROS 22919 PO19 S1747'06'E 15.49' TPOB PCL 1 PARCEL 1 CANOPY STRUCTURE NO.. 1 ABOVE GRADE ENCROACHMENT 1 A Lti f ,J i -1 tri 444 t 4-1 TPOS PCL 2 PARCEL CANOPY STRUCTURE N0. 2 ABODE GRADE S7154'00/ 100.00' 75.89' \._. N7154'08'E 75.89' 4111 STREET ENCROACHMENT 2 40' —\1"—N7154'09"E—�I`--- 0 W 20 SCALE: 1" = 20' L1 L2 3 S1747'06'E 780' 40' L4 FOB i'a 3 HIGHLAND AVENUE 0 d• JN: 17-175 10-17-19 'AM PO 'ENGINEERING, INC. 171 SAXCNY ROAD, SD11E 21,E RCN 1EL: (760) 436-066o FAX (760, 113 of 449 \ENGINEERING. INC. EMRA Closure Calculations: 322 HIGHLAND AVENUE APN:556-127-05 ENCROACHMENT 1 Closure Summary Precision, 1 part in: 137180000.00' Error distance: 0.00' Error direction: NO°00'00"E Area: 227.92 Sq. Ft. Square area: 225.97 Perimeter: 137.18' Point of Beginning. Easting: 16701.0040' Northing: 9099.9226' Side 1: Line Direction: N72°12'54"E Angle: [-107°47'06"] Deflection angle: [72° 12'54"] Distance: 3.50' Easting: 16704.3081' Northing: 9100.9825' Side 2: Line Direction: S17°47'06"E Angle: [-90°00'00"] Deflection angle: [90°00'00"] Distance: 65.12' Easting: 16724.1988' Northing: 9038.9746' Side 3: Line Direction: S72°12'54"W Angle: [-90°00'00"] Deflection angle: [90°00'00"] Distance: 3.50' Easting: 16720.8946' Northing: 9037.9147' Side 4: Line Direction: N17°47'06"W Angle: [-90°00'00"] Deflection angle: [90°00'00"] Distance: 65.12' Easting: 16701.0040' Northing: 9099.9226' 171 Saxony Rd #213 • Encinitas, CA 92024 ♦ P: 760.436.0660 ♦ F: 760.436.0659 ♦ info@sampoengineering.com Page 11 114 of 449 '(SAMPENGINEERING. INC. ENCROACHMENT 2 Closure Summary Precision, 1 part in: 22540000.00' Error distance: 0.00' Error direction: NO°00'00"E Area: 27.07 Sq. Ft. Square area: 27.07 Perimeter: 22.54' Point of Beginning Easting: 16876.4484' Northing: 9301.4279' Side 1: Line Direction: N72°12'54"E Angle: [-107°47'06"] Deflection angle: [72°12'54"] Distance: 3.50' Easting: 16879.7525' Northing: 9302.4878' Side 2: Line Direction: S 17°47'06"E Angle: [-90°00'00"] Deflection angle: [90°00'00 Distance: 7.80' Easting: 16882.1350' Northing: 9295.0606' Side 3: Line Direction: S72° 12'54" W Angle: [-90°00'00"] Deflection angle: [90°00'00"] Distance: 3.50' Easting: 16878.8308' Northing: 9294.0007' Side 4: Line Direction: N17°4T06"W Angle: [-90°00'00"] Deflection angle: [90°00'001 Distance: 7.80' Easting: 16876.4484' Northing: 9301.4279' 171 Saxony Rd #213 • Encinitas, CA 92024 • P: 760.436.0660 ♦ F: 760.436.0659 ♦ info@sampoengineering.com Page 12 115 of 449 ENGINEERING, INC. ENCROACHMENT 3 Closure Summary Precision, 1 part in: 160440000.00' Error distance: 0.00' Error direction: NO°00'00"E Area: 328.60 Sq. Ft. Square area: 328.60 Perimeter: 160.44' Point of Beginning Easting: 16927.7013' Northing: 9142.7127' Side 1: Line Direction: S71°54'08"W Angle: [71 °54'08"] Deflection angle: [-108°05'52"] Distance: 75.89' Easting: 16855.5658' Northing: 9119.1383' Side 2: Line Direction: Angle: Deflection angle: Distance: Easting: Northing: Side 3: Line Direction: Angle: Deflection angle: Distance: Easting: Northing: Side 4: Line Direction: Angle: Deflection angle: Distance: Easting: Northing: S 18°05'52"E [90°00'00"] [-90°00'00"] 4.33' 16856.9108' 9115.0225' N71 °54'08"E [90°00'00"] [-90°00'00"] 75.89' 16929.0464' 9138.5969' N18°05'52"W [90°00'001 [-90°00'0O"] 4.33' 16927.7013' 9142.7127' 171 Saxony Rd #213 • Encinitas, CA 92024 • P: 760.436.0660 ♦ F: 760:436.0659 ♦ info@sampoenginecring.com Page 13 116 of 449 Cauat Company NOV 212018 $1016.0400:5128A0000 11011-11.49,13.31,37, OW) It2011S-11-1943,31.30;0000Q1). California Dusinessowaers Policy Effective Date 01/09/2019 Renewal Declaration ** * REMINDER — nus POLICY IS DIRECT RILL *** This declaration supersedes any prev" declaration bearing the same number ibr ibis policy period. Coverage will lapse and no longer b n eMet if payment is not received by the due date, Named Insured: KARIM MANSOUR -74 KARIM MANSOUR 464 RANCHO REPOSO DEL MAR CA 920144201 Client Number: 670263 PrOcinceesCopy 1,-.;11i!AMT—E-47;71f1 Pagel I Atou ASSOC, INS AGIN, INC 642 THIRD AVE STE 8 CHULA VISTA CA 91910 CCP0060281 01/09/2019 - 01/09/2020 Mercury Casually Company 12-401AM Standard Theo At Your Muffing Address Shown Aberve,, Eirsins s Description: Office Building Perm of Business: INDIVIDUAL TOTAL PROPERTY PREMIUM( TOTAL LIABILITY piumium $477 OTHER PREMIUM TOTAL PREMIUM 61484. ;#01 769 619-827-7600 IN RETURN POP, THE PAYMENT OP THE PREMIUM, AND SUBJECT TOALL ITIETaMS OP THIS POLICY, WEAGREE WITH YOU TO PRPV1DE THE INSURANCE AS STATED IN TM POLICY, Insurance io provided with respect to those :premises deocribed herein ond with raspect to those eoverages :and kindof property for whieb a specific Unlit fa shown, subject to;a1EI die.tertns of this policy including %rafts and endorsements made a•part hereof: LOCATION OF PREMISES 1 322 Highland Ave -i 330-•National City CA 9.1950-1510 Not Applicable 1 1 7 of 449 AkeretnyCasual torn any 1 1 Building $636,000 BUSIIIIPSN Personal Property $5,000 Producer's Copy California Businessowners Policy Bffeetive Datet01/09P2019 Page 2 Polley Number: CCP0060281 Insureds Narne: KARIM MANSOUR Replacentem Cast Replacement Cost Automate Inorease -Building Limit 6% and Business Personal Property 4% %shims Income is provided under BP 00 03 for. Actual Loss Sustained. ADDITIONAL..COWRAGE(S Bodily Cnjury & Property Datriage LJabilfly Combined Single Limits Personal & Advertising IniurY Products & C6Mpleted Operations Medioal Expenses Mercury PlusLiabiliiy Endorsement Additional Coverages: Vacant Laud $2,500 $1,021 $2,500 $8 TOTALPROPERTY PREMIUM $1,107 $1,000,000 ;Per Oceurnence42,000,000 Aggregate $260 4,1100,000 Pr Ocourrence$2,000,000 Aggregate $1,000,000 Per Occurrence/$2,000,000 Aggregate $5,000 Each Personi$10,000 Bach Accident 145-acres TOTAL LIAM' fi.m.Ey.t..1.1T,jas6,5:R;:.4.:,-.:,,zi , i#0)*PKVkittiq.61 , It is h ,zreby understood andagreed, in consitierationof the premium ohargoa, that th attedhed to and fore part of the oforOmpritior)ed Polity. .V.P9507 0106 14Mi1uSiOn &Trrcnsm BP0524 :01 1.5 Bnittainit Of Certified Acts of 7retniriSM BP0542: OHS E*clusion Othinitive.:Dani40 BelatCd to tCertified Act Of Terrorism BP-CM:12 0417 Linaitatidtt oteto,t to Pesignated Prettises, Project or Operation 1W0003 0713 Businessowners Coverage Form BP0417 0110 EMPIOYM,Ont Related 'Prazdeps Exeiusion, BP0439 0702 Abuse or MolestatiOn ExeluSion 13P0453 07.13 Water BoolcVp: and Sump BP0493 0106 Total Pollution-Ekolusion with Rostile:Fire Ems ption BP0501 0702 Caleulation of Premium BP05 13 0106 Exc Siliea or Silica -Related 13ttst 8P05770106 'Fungi tr BactedaExelusion MCYBP0646 0713 California - Ordinance or Law Covorage :BPI504 0 14 Exclusion Mow or:Llisoleatire of Confidential Info Limited BI BPIN01 0713 BuSinessOwitere Gnome Pout Index ILN 0111 0903. California:Fraud Statement - PREMIUM following endorsements are. 118 of 449 Iiit .Prodoceris Copy Mecur Castalty Compaq California Businessownera Policy Effective tate;1/09/20j Paij 3 :P011ey Number: CCP0060281. Insureds Name: KARIM :MANSOUR MOCEB BOP 0710 Mercury Casualty Company Equipment Breakdown Coverage MC 130P 32 0817 13usinessowners Amendatoty Endorsement MC BOP 33 0817 Businessowners Amendatory Phis Endorsement MC BOP 50 08.17 Two or More Policies Issued by Us. MC BOP Liability Plus 0312 Mammy Pilla LiEWity Endorseinent Refer to IY•terenry Pins Liability Endorsement for Coverage Limits Autoina tically Lnd1ed MEM DI -Pc 1 BP0155 0517 California Changes Vacant Land 340 Highland Avo. Nation( City CA .06 Acres FULL POLICY TIRM PR . $1,584 CREDITS" A 15% iability creditmay.. bo available if you are:named as an additionrnd. iosured.on all oiyour tenant nSUran pofl1es. .PleitsecOotact your twat if titis:applisto you, Pratt. I. Bldg:. I. Age.Ctedit.., Credit, Managentent.Credit. Chcelts.ordrails are. accepted In paymot only if May arelionoted.'wben IliStprdented. coesatentuervottattflevadene and Olpitatkaut.tiriroirt.ormEaa.florotoliRE nf tho.Proarlual Above: E.partiftrat. (br,s.poolfred ln orgkgstitinent attaohad bomb* iairtoriMarany; fortriiitOna fronflipaYtion Oata.shown. Mum At 12:04 A,M. 8tanc4r.ct TitnOtovivInt(lon.clOte.0Yown above (A112:01AX Standard rano) at looation..of proportylovervad, toao •arrouat not to 11111110 liability iur ta histircittimMed In the Earalarationalikkar and regal rapramtativas,:to to 'extant. of .thearAual.:cattl. valaei..orth0 property attlia limo.oilosai but totriooeatIitigitto. amount which it 44t9tikt pastbl'epair or rapIppe the P.P5Perbl:withrootarlal.oftlae.ktralaarcquatkr.witttio:affiA6Oiriblef Vmo Ofterawli itiokwitholitallowaiu*Ibtany intreased oostrif repoorivocootatotioa•by rearsimAlikny oallaanito rftial regulating comirtattrkro or mpalr; :arta without oorapensarloo for foos rcBu grfwm nteuuptkn of larainaaa or roartufaoturei noria o,ny moat:for more lima the IMMO ortli tau*, agellastatl L03E:EY-19RE, LIGHTNINOANDQTRERPERIL8 INWRED374.GAINET. IR POJJCYJN our.rosa IR:EWA/AI. eittIANIDERgD:ayrtv: itrgotystinto: AGAINST IRTHIS.P01.10)*,. EmerrrAS HEREINAFTER PROVIDED to. thamortortydraeribart ttoroin v.afila.locaterl or onotalood .op..cfaeObad.in thls.poircy;:or pro rata for fitrallaya at oaoh.prapeirpbu»t whroti arty of .itraprop.orty shall riireetarVily-batairriVed for proaarvata. kora Itar'paritalrirroOdarptaattit flip:Volt* bat notatsewhero. Atratortmarapf ;Ma polio.atiall natha:valld.carooptwithlat vaittoacontootortoia:oomparry.: Thlo.potroy to made aocia0100.0 tutotto it.Woragoing:proViafonaltact stipota frori*Onallioga.betreirtafter stated, artiforratorboraby.rnarie a part of thla.polloy, to garhorarlily.aoolvotimar mylalona atipolatiorla .aortagratariont*Aa :may ba Added. ttaooto; a6provIdedity this: paw.. 1471.(6/8.1) 1 1 9 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 120 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving changes in compensation and other benefits for the Confidential Employee Group for the remainder of the fiscal year 2019- 20 (through June 30, 2020) . (Human Resources) Please scroll down to view the backup material. 120 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving changes in compensation and other benefits for the Confidential Employee Group for the remainder of the fiscal year 2019-20 (through June 30, 2020) PREPARED BY: Robert Meteau PHONE: 336-4308 EXPLANATION: See attached staff report. DEPARTMENT: Human Resources APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: '1'4'(.�, z Y Finance APPROVED: The estimated cost associated with the terms for FY 2019-20 is S22,000. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt the resolution approving the changes in compensation and other benefits for the Confidential Employee Group. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report Summary of Compensation Adjustments Resolution 121 of 449 City Council Staff Report November 19, 2019 ITEM Staff Report: Resolution of the City Council of the City of National City approving changes in compensation and other benefits for the Confidential Employee Group for the remainder of fiscal year 2019-20 (through June 30, 2020). BACKGROUND The City of National City's Confidential employees are an informal group not formally represented or subject to the terms of collective labor bargaining. This employee group includes the Executive Assistant series, the Management Information Systems Technician series and the Payroll Technician classifications. The last compensation adjustment for said group was approved by the City Council in 2016. With the City having concluded labor negotiations with the City's three formally recognized bargaining groups (the Firefighters', Municipal Employees' and Police Officers' Associations), the Confidential employee group requested consideration of compensation adjustments for the noted Confidential classifications. Functionally, the Confidential employee group is most closely aligned with the Municipal Employees' Association (MEA). As such, the MEA compensation plan is typically the internal benchmark for the Confidential employee group, with some deviation primarily intended to provide a "premium" benefit to members of the Confidential employee group in recognition of their loss of formal representation and bargaining and the rights and privileges associated with such. The below Confidential employee group compensation recommendations seek to find balance between the goal of consistency with the similar classifications of the MEA employee group and a recognition of the unique nature of Confidential classifications. DISCUSSION Having met and discussed compensation and health benefit adjustments with the Confidential employee group, and having analyzed the internal impact of compensation adjustments (City- wide), staff brings forward for consideration the following adjustments to the Confidential employee group compensation plan: Duration Remainder of Fiscal Year 2019-20 (through June 30, 2020) NOTE: Council reserves the right to unilaterally adjust the compensation package at any time during this period. 122 of 449 Page 2 November 19, 2019 Staff Report: Resolution of the City Council of the City of National City approving changes in compensation and other benefits for the Confidential Employee Group for the remainder of fiscal year 2019-20 (through June 30, 2020). Health and Dental Insurance Effective the first full pay period following Resolution approval by City Council, the City shall provide medical and dental benefits as follows: Two-tier health insurance coverage in which current Confidential employee group members with two or more dependents will receive the same medical benefits as members of the National City Municipal Employees' Association (MEA). Cash -in -lieu will continue to be available to current Confidential employee group members providing proof of coverage under a non -City sponsored health plan. The maximum cash -in lieu will be limited to the difference between $658.19 and the cost of the employee's City of National City medical and dental coverage selection. All future Confidential employee group members will receive the same medical and dental benefits as members of MEA, including cash -in lieu. Compensation The salary increase in the first full pay period following resolution approval by City Council, through June 30, 2020. • 3% COLA Ca1PERS Contribution In conjunction with the salary increase, all Confidential employee group members will contribute an additional 1 % to the employees' paid Ca1PERS contribution. All other existing provisions of the Compensation Plan remain the same. RECOMMENDATION 1. Accept staffs recommendations and adopt the proposed changes in compensation and benefits for the City of National City Confidential Employee Group. FISCAL IMPACT Fiscal Year 2019-20: $22,000 (estimated) 123 of 449 Summary of Compensation Adjustments Confidential Employee Group November 19, 2019 Duration Remainder of Fiscal Year 2019-20 (through June 30, 2020) NOTE: Council reserves the right to unilaterally adjust the compensation package at any time during this period. Health and Dental Insurance Effective the first full pay period following Resolution approval by City Council, the City shall provide medical and dental benefits as follows: Two-tier health insurance coverage in which current Confidential employee group members with two or more dependents will receive the same medical benefits as members of the National City Municipal Employees' Association (MEA). Cash -in -lieu will continue to be available to current Confidential employee group members providing proof of coverage under a non -City sponsored health plan. The maximum cash -in lieu will be limited to the difference between $658.19 and the cost of the employee's City of National City medical and dental coverage selection. All future employees of the Confidential group will receive the same medical and dental benefits as members of MEA, including cash -in lieu. Compensation The salary increase in the first full pay period following resolution approval by City Council, through June 30, 2020. • 3% COLA Ca1PERS Contribution In conjunction with the salary increase, all Confidential group members will contribute an additional 1% to the employees paid Ca1PERS. All other existing provisions of the Compensation Plan remain the same. 124 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 125 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the acceptance of the National City Police Department's grant application in the amount of $20,847 to the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program to purchase Motorola Handheld Police Radios, Motorola handheld radios Batteries, and set aside 3% of the awarded grant for NIBRS compliance as dictated within the grant, and authorizing the acceptance of the grant award, and authorizing the establishment of an appropriation and corresponding revenue budget. (Police) Please scroll down to view the backup material. 125 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 11-19-19 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City 1-) To accept the National City Police Department's grant application to the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. 2-) Acceptance of the grant award in the amount of $20,847. 3-) Authorizing the establishment of revenue budget and corresponding appropriation to purchase Motorola Handheld Police Radios, Motorola handheld radios Batteries, and set aside 3% of the awarded grant for NIBRS compliance as dictated within the grant. PREPARED BY: Jeffrey Meeks, Sergeant DEPARTMENT: Police PHONE: (619) 336-4446 APPROVED BY: EXPLANATION: The Office of Justice Programs' (OJP) Bureau of Justice Assistance (BJA) at the U.S. Department of Justice announced that the City of National City is eligible for a grant award of via the FY 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — Local Solicitation. The City is required to make the grant application available to the City Council and to citizens for the governing body and public's 30-day review and comment; a formal award will not be made until the 30-day review requirement has been met. The JAG Program provides States and units of local governments with critical funding necessary to support a range of program areas, including law enforcement, prosecution and court programs, prevention and education programs and etcetera. Applicants are required to complete an on-line application, and submit a budget and various narratives justifying the use of the funds. The National City Police Department proposes to use the funds to purchase of police radios, radio batteries and set aside 3% of the awarded grant for NIBRS compliance as dictated within the grant. The 3% of the NIBRS compliance funds will be used to train Records Division personnel to manage NCPD's crime incident data, reporting, and submission to the state UCR Program. FINANCIAL STATEMENT: ACCOUNT NO. For Revenue 290-11672-3498 For Expenses 290-411-672-* No matching funds required ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION APPROVED. APPROVED: FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Grant Agreement 126 of 449 ?,or, U.S. Department ofJustice '' '� Office ofJustice Programs f'O4ig + f= Bureau of Justice Assistance Grant PAGE 1 OF 29 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City 4. AWARD NUMBER: 2019-DJ-BX-0108 of National City 1243 National City Blvd. National City, CA 91950 5. PROJECT PERIOD: FROM 10/01/2018 TO 09/30/2020 BUDGET PERIOD: FROM 10/01/2018 TO 09/30/2020 6. AWARD DATE 09/18/2019 7. ACTION 2a. GRANTEE IRS/VENDOR NO. 956000749 8. SUPPLEMENT NUMBER 00 Initial 2b. GRANTEE DUNS NO. 042460159 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE FY 19 Local JAG Program 10. AMOUNT OF THIS AWARD $ 20,847 11. TOTAL AWARD $ 20,847 2. SPt.I,tH1 CONut 1 IONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY19(BJA - JAG State and JAG Local) Title 1 of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10151-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a). 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byrne Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Katharine T. Sullivan Principal Deputy Assistant Attorney General 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Alejandra Sotelo-Solis Mayor 17. SIGNATURE OF APPROVING OFFICIAL itkvv......_________a 19. SIG % OF A , �ti5a , ' IPIENT 0 CIAL iA/ / I9A. DATE 24 /,‘ AGENCY USE rNLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 20847 21. UDJU 033 , yr OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 127 of 449 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 3 OF 29 PROJECT NUMBER 2019-D1-BX-0108 AWARD DATE 09/18/2019 SPECIAL CONDITIONS 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement " The edaifica ssiiun encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2017, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2017, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fints.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 6. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(0, and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. OJP FORM 4000/2 (REV. 4-88) 128 of 449 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance PROJECT NUMBER 2019-DJ-BX-0108 AWARD CONTINUATION SHEET Grant AWARD DATE 09/18/2019 PAGE 5 OF 29 SPECIAL CONDITIONS 9. Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must -- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- t 1 J .n,. Alvaro requirement ror venncation of employment cligibilitt. and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or OJP FORM 4000/2 (REV. 4-88) 129 of 449 U.S. Department ofJustice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant SPECIAL CONDITIONS 13. Unreasonable restrictions on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated rograms are implementer) it fill accordance with U.S. s ,d yubIi..poIiey ,cquitemeuts ) and 200.319(a) (generally requiring "[a11] procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. OJP FORM 4000/2 (REV. 4-88) 130 of 449 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECTMJMBER 2019-DJ-BX-0108 AWARD DATE 09/18/2019 PAGE 9 OF 29 SPECIAL CONDITIONS 19. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 20. Potential imposition of additional requirements �.1Ya61co5 w wnlpiy wun any aaaulonai requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as app,upriatc)11uii,1g the petiod of performance tor this award, if the recipient is designated as "high - risk" for purposes ofthe DOJ high -risk grantee list. 21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. OJP FORM 4000/2 (REV. 4-88) 131 of 449 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 11 OF 29 PROJECT NUMBER 2019-DJ-BX-0108 AWARD DATE 09/18/2019 SPECIAL CONDITIONS 27. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the losurc-of-classed information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJP FORM 4000/2 (REV. 4-88) 132 of 449 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 13 OF 29 PROJECT NUMBER 2019-DJ-BX-0108 AWARD DATE 09/18/2019 SPECIAL CONDITIONS 31. Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance 1. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an "information -communication restriction" under this award. 2. this condition. ormg o su.reclplent compliance with the requirements of 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 4. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof; but not any institution of higher education or any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as references to particular components of the Department of Homeland Security (DHS). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. OJP FORM 4000/2 (REV. 4-88) ►3 133 of 449 U.S. Department of Justice Office ofJustice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PAGE 15 OF 29 PROJECT NUMBER 2019-DJ-BX-0108 AWARD DATE 09/18/2019 SPECIAL CONDITIONS 33. Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information -communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient .. II, . ... '•a .. .. . ...,.. ., •.I whole or in part with award funds was subject to any information -communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher education, may be subject to any information -communication restriction. In addition, any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information -communication restriction. 2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information -communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and 1644; ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information -communication restriction" has the meaning set out in the "Noninterference ... 8 U.S.C. 1373 and 1644; ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and 1644; ongoing compliance" condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) 1 5/ 134 of 449 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 17 OF 29 PROJECT NUMBER 2019-DJ-BX-0108 AWARD DATE 09/18/2019 SPECIAL CONDITIONS 35. Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law enforcement sensitive information SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law enforcement information in a direct or indirect attempt to ce,ntal, 6arl,o,, ui shield flout detection any fugitive from Justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition-- (1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the term "federal law enforcement information" means law enforcement sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law enforcement sensitive information" means records or information compiled for any law enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) 135 of 449 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DJ-BX-0108 AWARD DATE 09/18/2019 PAGE 19 OF 29 SPECIAL CONDITIONS 37. Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised " ywhere in or outside the Unitcd Statk-a -- withal the funded program or activlty, no State or local government entity, -agency, or -official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government -contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (I) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (see 8 U.S.C. 1101(a)(3)). (2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)). (3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that — (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) 136 of 449 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 21 OF 29 SPECIAL CONDITIONS 39. Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. Noninterference with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement''; also, the e paymen o a a e or a po 1 Ic: subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or local government entity, -agency, or -official (including a government -contracted correctional facility) may interfere with the "removal" process by failing to provide — as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government - contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. C. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. OJP FORM 4000/2 (REV. 4-88) 137 of 449 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance PROJECT NUMBER 2019-DJ-BX-0108 AWARD CONTINUATION SHEET Grant PAGE 23 OF 29 AWARD DATE 09/18/2019 SPECIAL CONDITIONS 42. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 43. Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 44. Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income eamings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 45. Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 46. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 47. Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. OJP FORM 4000/2 (REV, 4-88) 138 of 449 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 20I9-DJ-BX-0108 AWARD DATE 09/18/2019 PAGE 25 OF 29 SPECIAL CONDITIONS 53. Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and y) tnc NIUS, AUd -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. L OJP FORM 4000/2 (REV. 4-88) 139 of 449 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 27 OF 29 PROJECT NUMBER 2019-DJ-BX-0108 AWARD DATE 09/18/2019 SPECIAL CONDITIONS 56. Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 57. Certification of body armor "mandatory wear" policies If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic -resistant and stab -resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for hody armor There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 58. Body armor - compliance with NIJ standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute ofJustice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/ technology/ body -armor/ pages/ safety-initiative.aspx. 59. Body armor - impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5). 60. Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 61. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. OJP FORM 4000/2 (REV. 4-88) i 140 of 449 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2019-DJ-BX-0108 AWARD CONTINUATION SHEET PAGE 29 OF 29 Grant AWARD DATE 09/18/2019 SPECIAL CONDITIONS 66. Initial period of performance; requests for extension The recipient understands that the initial period of performance for this award is two years. The recipient further understands that any requests for an extension of the period of performance for this award will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this award. Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA. 67. Withholding of funds: Required certification from the chief executive of the applicant government The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly -executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 68. Withholding of funds: Budget narrative or information The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the required budget information or narrative for the award, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 69. Withholding of funds: Program narrative The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the program narrative for this award, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 70. Withholding of funds: NIBRS set -aside The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and BJA reviews and accepts, a budget that clearly dedicates at least 3 percent of the total amount of the award to NIBRS compliance activities or documentation showing that the recipient has been certified as NIBRS compliant, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 71. Withholding of funds: Disclosure of lobbying The recipient may not obligate, expend, or draw down any funds under this award until it has provided to the grant manager for this OJP award a complete Disclosure of Lobbying Activities (SF-LLL) form, and OJP has issued a Grant Adjustment Notice to remove this special condition. 72. Withholding of funds: DHS questions The recipient may not obligate, expend or drawdown funds until the Office of Justice Programs has received and approved the required application attachment(s) described in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)," and has issued a Grant Adjustment Notice (GAN) releasing this special condition. OJP FORM 4000/2 (REV. 4-88) 141 of 449 U.S. Department ofJustice Office of Justice Programs Bureau of Justice Assistance GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Grant PROJECT NUMBER 2019-DJ-BX-0108 PAGE 1 OF 1 This project is supported under FY19(BJA - JAG State and JAG Local) Title 1 of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10151-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a). 1. STAFF CONTACT (Name & telephone number) Elaine Vanlandingham (202)305-0034 2. PROJECT DIRECTOR (Name, address & telephone number) Jeffrey Meeks Police Sergeant 1200 National City Blvd. National City, CA 91950-4302 (619) 336-4446 3a. TITLE OF THE PROGRAM BJA FY 19 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TITLE OF PROJECT FY 19 Local JAG Program 5. NAME & ADDRESS OF GRANTEE City of National City 1243 National City Blvd. National City, CA 91950 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD FROM: 10/01/2018 TO: 09/30/2020 9. AMOUNT OF AWARD $ 20,847 8. BUDGET PERIOD FROM: 10/01/2018 TO: 09/30/2020 11. SECOND YEAR'S BUDGET 10. DATE OF AWARD 09/18/2019 13. THIRD YEAR'S BUDGET PERIOD 12. SECOND YEAR'S BUDGET AMOUNT 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs. This JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above, Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information OJP FORM 4000/2 (REV. 4-88) 142 of 449 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2019 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that locality's application for an award under the FY 2019 Edward Byrne Justice Assistance Grant ("JAG") Program, and further to 34 U.S.C. § 10153(a), I certify to the Office of Justice Programs ("OJP"), U.S. Department of Justice ("USDOJ"), that all of the following are true and correct: 1. I am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations on my own behalf as chief executive and on behalf of the applicant unit of local government. I understand that these representations will be relied upon as material in any OJP decision to make an award, under the application described above, to the applicant unit of local government. 2. I certify that no federal funds made available by the award (if any) that OJP makes based on the application described above will be used to supplant local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 3. I assure that the application described above (and any amendment to that application) was submitted for review to the governing body of the unit of local government (e.g., city council or county commission), or to an organization_rtasiOnatPd lay that ov€rnir♦9-body-not-less-tl iai 30 days before the date of thlscertification. �• J�� .� �a�, vc��ro U �e pale or mis e i i a ion— a e application described above (and any amendment to that application) was made public; and (b) an opportunity to comment on that application (or amendment) was provided to citizens and to neighborhood or community -based organizations, to the extent applicable law or established procedure made such an opportunityavailable. 5. I assure that, for each fiscal year of the award (if any) that OJP makes based on the application described above, the applicant unit of local government will maintain and report such data, records, and information (programmatic and financial), as OJP may reasonably require. 6. I have carefully reviewed 34 U.S.C. § 10153(a)(5), and, with respect to the programs to be funded by the award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified therein. Signature Local .. over Printed N-• e of Ch f Executive e Applicant Unit of •,1 ?-Zc!_�P Date of Certification Title of ief Executive C! e ®'✓40r',av,R'z. Cl I Name of Applicant U�f Local Government Rev. March 6, 2019 26 BJA-2019-15141 143 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 144 The following page(s) contain the backup material for Agenda Item: Warrant Register #14 for the period of 9/25/19 through 10/01/19 in the amount of $1,367,847.83. (Finance) Please scroll down to view the backup material. 144 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #14 for the period of 9/25/19 through 10/01/19 in the amount of $1,367,847.83. (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 9/25/19 - 10/01/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Select Electric Inc 344317 54,982.68 Citywide Traffic Signal and ADA Sweetwater Authority 344405 54,755.29 Water bill for Facilities FY 2020 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,367,847.83. 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 $1,367,847.83 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 14 145 of 449 1r/ CALIFORNIA PAYEE ACEDO, I ANDERSON, E BEARD, P BECK, L BISHOP, R BOEGLER, C BULL, P CAMEON, C CARRILLO, R COLE, L COLLINSON, C CONDON, D CORDERO, E CORPUZ, T DANESHFAR, Z DEESE, L DESROCHERS, Z DIAZ, M DILLARD, S DREDGE, J EISER III, G ETZLER, J FABINSKI, D FERNANDEZ, R FIFIELD, K GAUT, A GELSKEY, K GIBBS JR, R GONZALES, M HANSON, E HARLAN, M HAUG, S HERNANDEZ, M HERNANDEZ, R HODGES, B IBARRA, J JAMES, R JUNIEL, R KIMBLE, R KLOS, F LEACH, D LIMFUECO, M MATIENZO, M MC CABE, T MCDANIEL, P MEDINA, R MENDOZA, G MINER, D NATIoNAL ciTir -N RPort ATV') WARRANT REGISTER # 14 10/1/2019 DESCRIPTION CHK NO DATE AMOUNT RETIREE HEALTH BENEFITS / OCT 2019 344239 10/1/19 160.00 RETIREE HEALTH BENEFITS / OCT 2019 344240 10/1/19 110.00 RETIREE HEALTH BENEFITS / OCT 2019 344241 10/1/19 70.00 RETIREE HEALTH BENEFITS / OCT 2019 344242 10/1/19 140.00 RETIREE HEALTH BENEFITS / OCT 2019 344243 10/1/19 110.00 RETIREE HEALTH BENEFITS / OCT 2019 344244 10/1/19 260.00 RETIREE HEALTH BENEFITS / OCT 2019 344245 10/1/19 580.00 RETIREE HEALTH BENEFITS / OCT 2019 344246 10/1/19 400.00 RETIREE HEALTH BENEFITS / OCT 2019 344247 10/1/19 290.00 RETIREE HEALTH BENEFITS / OCT 2019 344248 10/1/19 165.00 RETIREE HEALTH BENEFITS / OCT 2019 344249 10/1/19 420.00 RETIREE HEALTH BENEFITS / OCT 2019 344250 10/1/19 280.00 RETIREE HEALTH BENEFITS / OCT 2019 344251 10/1/19 520.00 RETIREE HEALTH BENEFITS / OCT 2019 344252 10/1/19 140.00 RETIREE HEALTH BENEFITS / OCT 2019 344253 10/1/19 250.00 RETIREE HEALTH BENEFITS / OCT 2019 344254 10/1/19 660.00 RETIREE HEALTH BENEFITS / OCT 2019 344255 10/1/19 110.00 RETIREE HEALTH BENEFITS / OCT 2019 344256 10/1/19 680.00 RETIREE HEALTH BENEFITS / OCT 2019 344257 10/1/19 480.00 RETIREE HEALTH BENEFITS / OCT 2019 344258 10/1/19 250.00 RETIREE HEALTH BENEFITS / OCT 2019 344259 10/1/19 250.00 RETIREE HEALTH BENEFITS / OCT 2019 344260 10/1/19 460.00 RETIREE HEALTH BENEFITS / OCT 2019 344261 10/1/19 220.00 RETIREE HEALTH BENEFITS / OCT 2019 344262 10/1/19 270.00 RETIREE HEALTH BENEFITS / OCT 2019 344263 10/1/19 540.00 RETIREE HEALTH BENEFITS / OCT 2019 344264 10/1/19 700.00 RETIREE HEALTH BENEFITS / OCT 2019 344265 10/1/19 115.00 RETIREE HEALTH BENEFITS / OCT 2019 344266 10/1/19 120.00 RETIREE HEALTH BENEFITS / OCT 2019 344267 10/1/19 480.00 RETIREE HEALTH BENEFITS / OCT 2019 344268 10/1/19 135.00 RETIREE HEALTH BENEFITS / OCT 2019 344269 10/1/19 500.00 RETIREE HEALTH BENEFITS / OCT 2019 344270 10/1/19 120.00 RETIREE HEALTH BENEFITS / OCT 2019 344271 10/1/19 600.00 RETIREE HEALTH BENEFITS / OCT 2019 344272 10/1/19 400.00 RETIREE HEALTH BENEFITS / OCT 2019 344273 10/1/19 200.00 RETIREE HEALTH BENEFITS / OCT 2019 344274 10/1/19 780.00 RETIREE HEALTH BENEFITS / OCT 2019 344275 10/1/19 140.00 RETIREE HEALTH BENEFITS / OCT 2019 344276 10/1/19 50.00 RETIREE HEALTH BENEFITS / OCT 2019 344277 10/1/19 300.00 RETIREE HEALTH BENEFITS / OCT 2019 344278 10/1/19 480.00 RETIREE HEALTH BENEFITS / OCT 2019 344279 10/1/19 600.00 RETIREE HEALTH BENEFITS / OCT 2019 344280 10/1/19 160.00 RETIREE HEALTH BENEFITS / OCT 2019 344281 10/1/19 100.00 RETIREE HEALTH BENEFITS / OCT 2019 344282 10/1/19 280.00 RETIREE HEALTH BENEFITS / OCT 2019 344283 10/1/19 290.00 RETIREE HEALTH BENEFITS / OCT 2019 344284 10/1/19 105.00 RETIREE HEALTH BENEFITS / OCT 2019 344285 10/1/19 290.00 RETIREE HEALTH BENEFITS / OCT 2019 344286 10/1/19 580.00 1/4 146 of 449 1r/ CALIFORNIA PAYEE MORRISON, R NOTEWARE, D OLIVARES, G OLIVERIA, H PAUU JR, P PEASE JR, D PETERS, S POST, R RAY, S ROARK, L RODRIGUEZ, M RUIZ, J SANCHEZ, L SERVATIUS, J SHORT, C SMITH, J STEWART, W STRASEN, W TIPTON, B VERRY, L VILLAGOMEZ, J WHITE, J AFFORDABLE BUTTONS COM ASSI SECURITY INC CONSOLIDATED CONCEPTS FORDYCE CONSTRUCTION INC MASON'S SAW OFFICE SOLUTIONS BUSINESS ROM LLC SAN DIEGO MIRAMAR COLLEGE SELECT ELECTRIC INC SMART SOURCE OF CALIFORNIA LLC SUN BADGE COMPANY INC WILLIAM JEFFREY 24 HOUR ELEVATOR INC ADMINSURE INC AIRGAS USA LLC ALDEMCO ALL FRESH PRODUCTS BARAWED, C BOOT WORLD BOYDD PRODUCTS INC CALIFORNIA PARK CASAS, LAURA CLEAN HARBORS ENVIRONMENTAL CLEAR WATER TECHNOLOGIES LLC COMMERCIAL AQUATIC SERVICE INC NATIoNAL ciTir -N OR ED WARRANT REGISTER # 14 10/1/2019 DESCRIPTION RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 RETIREE HEALTH BENEFITS / OCT 2019 CHK NO 344287 344288 344289 344290 344291 344292 344293 344294 344295 344296 344297 344298 344299 344300 344301 344302 344303 344304 344305 344306 344307 344308 DATE 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 RETIREE HEALTH BENEFIT SUBTOTAL 2.25" CUSTOM BUTTON / I LOVE NC PINS 344309 10/1/19 CITY WIDE DOOR SECURITY SERVICES 344310 10/1/19 PRINTING & MAILING OF POSTCOARDS / CMO PARADISE CREEK PARK SEWER BYPASS REPAIR MOP 45729. SUPPLIES FOR PARKS LAZYBOY WOODBURY CHAIRS FOR FINANCE MUSIC FOR SUMMER FIESTA EVENT / CSD PC 832 COURSE / NSD CITYWIDE TRAFFIC SIGNAL AND ADA #10 LEFT WINDOW ENVELOPES FOR HOUSING/S8 P200-2 SUNTONE/SILTONE FLAT BADGE - REFUND DUE TO VENDOR PER DATA TICKET GEN MAINT SEP THRU NOV 2019 QTLY CNTRCT AGREEMENT TO PROVIDE MONTHLY SERVICES - MOP 45714 GENERAL SUPPLIES - PW FOOD / NUTRITION FOOD / NUTRITION TRAINING ADV LDG CAROTID/BARAWED MOP 64096 SAFETY WEARING APPAREL - PW TRAINING TUITION CAROTID/BARAWED COMMUNITY SERVICES CPRS RENEWAL NOTICE COUNCIL MEETING TRANSLATION CONTRACT SERVICES SEPT. 2019 MONTLY WATER TREATMENT SVC SEP 2019 CHEMICALS DELIVERED SEP 16, 2019 344311 344312 344313 344314 344315 344316 344317 344318 344319 344320 344322 344323 344324 344325 344326 344327 344328 344329 344330 344331 344332 344333 344334 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 AMOUNT 520.00 120.00 280.00 360.00 340.00 140.00 290.00 280.00 190.00 135.00 260.00 310.00 330.00 340.00 300.00 320.00 200.00 135.00 250.00 280.00 480.00 230.00 21,430.00 492.78 11,600.00 5,647.24 2,900.00 557.64 1,190.82 3,400.00 67.00 54,982.68 885.23 148.57 71.66 4,031.78 7,631.25 681.78 5,303.16 1,302.18 429.00 992.43 399.00 715.00 200.00 1,863.80 475.00 1,220.50 2/4 147 of 449 1r/ CALIFORNIA PAYEE CONCENTRA MEDICAL CENTERS COUNTYWIDE MECHANICAL SYSTEMS COX COMMUNICATIONS CSULB FOUNDATION CWEA MEMBERSHIP DE LAGE LANDEN DELTA DENTAL DELTA DENTAL INSURANCE CO DEPARTMENT OF JUSTICE DEPARTMENT OF TOXIC SUBSTANCES D-MAX ENGINEERING INC DRV MODULAR CONTRACTORS INC ERGOMETRICS FACTORY MOTOR PARTS FASTSIGNS FEDEX FERGUSON ENTERPRISES 1350 FLORES, R G & A AUTOMOTIVE INC GEOSYNTEC CONSULTANTS INC GONZALES, R GONZALEZ, B GOVCONNECTION INC HOME DEPOT CREDIT SERVICES IDEMIA IDENTITY & SECURITY USA INNOVATIVE CONSTRUCTION JAMES DEUBIG CONSTRUCTION INC KRONOS INC LEFORT'S SMALL ENGINE REPAIR LIEBERT CASSIDY WHITMORE LOPEZ, TERESA YOLANDA LOZA, JUAN MAYO, J MEGLA MANUFACTURING INC METRO AUTO PARTS DISTRIBUTOR MOBILE WIRELESS LLC MUNICIPAL CODE CORPORATION MUNOZ, L NAN MCKAY AND ASSOCIATES INC NAPA AUTO PARTS NATIONAL CITY MOTORCYCLES OFFICE SOLUTIONS BUSINESS OFFICE TEAM O'REILLY AUTO PARTS PACIFIC AUTO REPAIR PALMA, A PENSKE FORD PLASCENCIA, M NATIoNAL ciTir -N OR ED WARRANT REGISTER # 14 10/1/2019 DESCRIPTION PRE -EMPLOYMENT PHYSICALS CHECK CHILLER FOR LIBRARY JUL 24, 2019 COX DATA VIDEO SERVICES FY20 TRAINING TUITION GEOGRPH ADV/CEKANDER CWEA ANNUAL MEMBERSHIP RENEWAL FOR PW LEASE 20 SHARP COPIERS FOR FY20. GROUP 05-0908601002 - SEPTEMBER 2019 GROUP 05-7029600002 SEPTEMBER 2019 NEW EMPLOYEE FINGERPRINT TEST RESULTS - VQ #201930785 EPA ID NOS -. PD,CITY HALL T&A90398 ANAYA RESIDENTIAL STRUCTURES CONSTRUCTION & DEMO DEPOSIT REFUND POLICE SERGEANT & CORPORAL ASSESSMENT MOP 82766 AUTO SUPPLIES - PW R&M BUILDINGS -ACRYLIC/ALUMINUM STAND FEDEX FOR CDBG & HOME FUNDING AGREEMENT MOP 45723 GENERAL SUPPLIES - PW LICENSE REIMBURSEMENT MOP 72655 AUTO SUPPLIES - PW NEPA ENVIRONMENTAL REVIEW PROJECT SW0312 TRAINING ADV LDG LEADING IN CRISIS/RGONZ MILEAGE REIMBURSEMENT FOR BARBARA G. FORTINET FORTIAP 223E ACCESS POINT GENERAL SUPPLIES NEEDED FOR BUILDING NEW EMPLOYEE FINGERPRINT TEST SUBMISSION EUCLID BICYCLE & PED. EHN. CONSTRUCTION & DEMOLITION DEPOSIT REFUND WORKFORCE TELESTAFF IVR SERVICE MOP 80702 AUTO SUPPLIES - PW ETHICS IN PUBLIC TRAINING DEC 11, 2018 TRANSLATION SERVICES AS NEEDED FOR FY20 T&A90137 415 W 30TH ST TRAINING ADV LDG FET MAYO AUTOMOTIVE EQUIPMENT SEP 04, 2019 MOP 75943 AUTO SUPPLIES - PW NETMOTION RENEWAL 9/22/19 - 9/21/20 MUNICODE SUPP 53, UPDATE 1 TRAVEL EXPENSE REPORT HCV MB REVISION ON CD MOP 45735 AUTO SUPPLIES - PW SERVICE AND REPAIR FOR EMERGENCY MOP 83778 OFFICE SUPPLIES / NSD TEMPORARY SERVICES W/E SEP 06, 2019 - NSD MOP 75877 AUTO SUPPLIES - PW LABOR SERVICE - SMOG INSPECTION REIMBURSEMENT TO ATTEND HUD R&M CITY VEHICLES FOR FY 2019 TRAVEL MILEAGE REIMB / NUTRITION CHK NO 344335 344336 344337 344338 344339 344340 344342 344343 344344 344345 344346 344347 344348 344349 344350 344351 344352 344353 344354 344355 344356 344357 344358 344359 344360 344361 344362 344363 344365 344366 344367 344368 344369 344370 344371 344372 344373 344374 344375 344376 344377 344378 344379 344380 344381 344382 344383 344384 DATE 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 10/1/19 AMOUNT 592.00 7,912.94 4,642.15 472.00 192.00 2,939.63 235.23 16.50 416.00 697.50 1,933.75 431.20 12,166.94 20.65 1,226.20 103.52 480.76 85.00 125.00 5,489.29 711.84 13.57 3,866.82 453.88 26.00 46,412.00 875.00 54.38 71.75 2,792.00 320.00 1,615.79 1,380.00 525.00 52.34 6,218.00 304.00 16.59 224.00 147.96 469.73 197.78 2,446.07 29.41 1,130.00 136.30 20.99 185.14 3/4 148 of 449 1r/ CALIFORNIA PAYEE POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY QUESTYS SOLUTIONS RANDALL LAMB ASSOCIATES INC RELY ENVIRONMENTAL S&S WORLDWIDE INC SAN DIEGO GAS & ELECTRIC SAN DIEGO UNION TRIBUNE SDG&E SEAPORT MEAT COMPANY SEGAL, M SHARP REES STEALY MED GROUP SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE SWEETWATER AUTHORITY SYSCO SAN DIEGO INC T MAN TRAFFIC SUPPLY TAB PRODUCTS CO TALLAL INC TERRA BELLA NURSERY INC THE LINCOLN NATIONAL LIFE INS THE STAR NEWS U S BANK UNITED ROTARY BRUSH CORP VERIZON WIRELESS VISTA PAINT VORTEX INDUSTRIES INC WESTAIR GASES & EQUIPMENT INC WETMORES WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS NATIONAL CITIr -N OR ED WARRANT REGISTER # 14 10/1/2019 DESCRIPTION MOP 67839 GENERAL SUPPLIES - PW MOP 45707 GENERAL SUPPLIES - PW PROFESSIONAL SERVICES NEEDED / MAYOR'S OFFICE MOP 45742 LAUNDRY SERVICES - PW QUESTYS SEARCH SUPPORT. QSI PS TRAINING CIVIC CENTER EOC POWER UPGRADE HAZARDOUS WASTE CASA DE SALUD MATERIALS SDGE HOLLISTER (NUTRITION) SWEETWATER RIVER BIKEWAY GAS AND ELECTRIC UTILITIES FOOD FOR NUTRITION CENTER TRAINING TUITION REIM THR ASSMNT/SEGAL PRE -EMPLOYMENT PHYSICAL MOP 69277 LANDSCAPE SUPPLIES - PW MOP #45756/OFFICE SUPPLIES/HR MOP 45758 GENERAL AUTO SUPPLIES - PW 80012, MONTHLY MAINTENANCE JULY 2019 WATER BILL FOR FACILITIES FY 2020 FOOD / NUTRITION MOP 76666 TRAFFIC SUPPLIES - PW TAB OFFICE SUPPLIES FY20 SUMMER MOVIES IN LAS PALMAS POOL PRODUCT 15G POPULUS FREMONTII GROUP 415491 - OCTOBER 2019 ADVERTISING NOTICES FOR FY20 CREDIT CARD CHARGES, FIRE STREET SWEEPER REPAIRS & MAINTENANCE VERIZON CELLULAR SERVICES FOR FY20 MOP 68834 GENERAL SUPPLIES - PW REPAIRS 2ND BI-FOLDING DOOR AUTOMOTIVE PARTS MOP 80333 AUTO SUPPLIES - PW ELECTRONIC ACCESSORIES Start Date 9/25/2019 End Date 10/1/2019 CHK NO DATE AMOUNT 344385 10/1/19 90.05 344386 10/1/19 7,009.51 344387 10/1/19 2,769.07 344388 10/1/19 673.58 344389 10/1/19 600.00 344390 10/1/19 13, 025.00 344391 10/1/19 546.46 344392 10/1/19 384.52 344394 10/1/19 445.38 344395 10/1/19 726.84 344396 10/1/19 23,781.30 344397 10/1/19 563.79 344398 10/1/19 50.00 344399 10/1/19 469.00 344400 10/1/19 860.90 344401 10/1/19 50.81 344402 10/1/19 164.44 344403 10/1/19 45,420.93 344405 10/1/19 54,755.29 344406 10/1/19 6,673.69 344407 10/1/19 918.52 344408 10/1/19 213.09 344409 10/1/19 545.00 344410 10/1/19 172.36 344411 10/1/19 9,732.27 344412 10/1/19 786.69 344413 10/1/19 882.27 344414 10/1/19 305.22 344415 10/1/19 146.92 344416 10/1/19 954.00 344417 10/1/19 10, 509.30 344418 10/1/19 330.69 344419 10/1/19 14.25 344420 10/1/19 139.94 A/P Total 424,204.18 943,643.65 GRAND TOTAL $ 1,367,847.83 4/4 149 of 449 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 19tl OF NOVEMBER, 2019. AYES NAYS ABSENT 150 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 151 The following page(s) contain the backup material for Agenda Item: Warrant Register #15 for the period of 10/2/19 through 10/8/19 in the amount of $2,256,127.48. (Finance) Please scroll down to view the backup material. 151 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #15 for the period of 10/2/19 through 10/8/19 in the amount of $2,256,127.48. (Finance) PREPARED BY: Karla Apalategui, Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 10/2/19 - 10/8/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation ARJIS 344423 66,652.00 ARJIS User Fee Dept Forestry & Fire Protection 344429 69,911.67 Overbilling Period 7/28/18-8/28/19 HSM Construction Inc 344479 124,250.00 Highland Ave Traffic Supplies Portillo Concrete Inc 344500 272,245.30 Euclid Ave Bicycle & Ped Enh Public Emp Ret System 10022019 257,057.16 Service Period 9/10/19-9/23/19 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,256,127.48. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Ratify warrants totaling $2,256,127.48 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 15 152 Oi 449 PAYEE AARDVARK ACADEMI TRAINING CENTER LLC ARJIS AUDIO ASSOCIATES BLACKIE'S TROPHIES AND AWARDS CHILD SAFETY SOLUTIONS INC CITY OF NATIONAL CITY DAY WIRELESS SYSTEMS DEPT FORESTRY & FIRE PROTECTN EXOS COMMUNITY SERVICES LLC FEDEX HINDERLITER DE LLAMAS HIRESANTA LLC LASER SAVER INC NATIONAL RECREATION AND PARKS OFFICE SOLUTIONS BUSINESS RADY CHILDREN'S HOSPITAL SAN DIEGO SAN DIEGO PET SUPPLY SAN DIEGO POLICE EQUIPMENT SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SPARKLETTS STAPLES BUSINESS ADVANTAGE TEHQ LLC THE ALTUM GROUP VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL 24 HOUR ELEVATOR INC AAIR PURIFICATION SYSTEMS ACOSTA, V AETNA BEHAVIORAL HEALTH AIRGAS USA LLC ALTA LANGUAGE SERVICES INC BRINK'S INCORPORATED BROADWAY AUTO GLASS BULLDOG TOWING CAHA C/O ANDREA RAEZ TREASURER CALIFORNIA ELECTRIC SUPPLY CAMARGO, C CHEN RYAN ASSOCIATES INC CHRISTENSEN & SPATH LLP CLEAR WATER TECHNOLOGIES LLC COMMERCIAL AQUATIC SERVICE INC COUNTYWIDE MECHANICAL SYSTEMS DALEY & HEFT LLP DALEY & HEFT LLP DBX INC �.\ 1 �( CALIFORNIA (�(AA L I F OR N IIrrA NAT IONA1lr,civy. INCORFOILA'i'El WARRANT REGISTER # 15 10/8/2019 DESCRIPTION DT1425 40 MM TACTICAL EXPANDABLE STOCK SHOOT HOUSE FLAT RANGE RENTAL ARJIS USER FEE AUDIO/VIDEO EQUIPMENT / MIS MOP 03324 NAME TAG PD HALLOWEEN BAGS / PD PETTY CASH REPLENISHMENT - JULY-AUG 2019 RADIO REPAIR OVERBILLING REIMB PERIOD 07/28/18 - 08/28/2019 PROGRAM MANAGEMENT FEES - AUG 2019 POSTER BOARDS FOR 10-08-19 CITY OPEN HOUSE FIRST AMENDMENT TO THE AGREEMENT KIMBALL HOLIDAY SANTA AND ELF MOP 4840 TONER PD COMMUNITY SERVICES NRPA MEMBERSHIP OFFICE SUPPLIES NEEDED FOR CMO CHILD SEXUAL ASSAULT EXAM / PD MOP 2975 K9 SUPPLIES PD VEST- LOZANO/SOSA/OLIVAS MOP 00280 GIVEAWAY SUPPLIES PD MOP 2430 PRINTING PD PENDING SERVICE CHARGE FOR WATER OFFICE SUPPLIES NEEDED FOR CMO TRANSLATION EQUIPMENT / MIS AMORTIZATION - THE ALTUM GROUP EMERGENCY VET CARE DUKE K9 VET CARE - DUKE FACILITIES MAINT FUND - BATTERY MAGNET GRABBER AT FIRE ST 31/34- ENG/PW ALUMINUM TOE BOOTS EMPLOYEE ASSISTANCE PROGRAM OCT 2019 MOP 45714 GENERAL SUPPLIES - PW LISTENING & SPEAKING TEST SEP 18, 2019 ARMORED SERVICES / FINANCE WINDSHIELD TOWING SERVICE JUL 29, AUG 07, 2019 CAHA DEVELOPING AND MANAGING PROJECT-BAS MOP 45698 ELECTRIC SUPPLIES - PW TRAINING ADV LDG RECORDS SUPER/ CAMARGO PARKING CONSULTANT PROFESSIONAL SERVICES FOR HOUSING WATER TREATMENT SERVICE AUG 2019 CHEMICALS DELIVERED AUG 12, 2019 CITYWIDE ON -SITE HVAC SERVICES / MIS LIABILITY CLAIM COSTS LIABILITY CLAIM COST COMM. INFRACT.EXPANSION CHK NO 344421 344422 344423 344424 344425 344426 344427 344428 344429 344430 344431 344432 344433 344434 344435 344436 344437 344438 344439 344440 344441 344442 344443 344444 344445 344446 344447 344448 344449 344450 344451 344452 344453 344454 344455 344456 344457 344458 344459 344460 344461 344462 344463 344464 344465 344466 344467 DATE 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 AMOUNT 903.31 800.00 66,562.00 8,562.29 32.63 417.50 592.20 387.19 69,911.67 47,404.54 904.24 3,000.00 1,317.50 1,658.76 675.00 1,798.83 4,088.00 353.08 3,562.66 436.70 1,850.00 10.00 1,225.09 6,995.00 25,427.74 9,182.02 79.52 91.59 38,928.58 125.00 1,059.68 174.00 60.00 876.85 259.00 800.00 1,530.00 1,118.60 672.16 3,212.50 2,643.75 475.00 2,055.38 1,773.60 5,039.15 761.68 38,493.05 1/3 153 of 449 CALIFORNIA °- PAYEE DELGADO, E DIAZ, E D-MAX ENGINEERING INC EXPRESS PIPE AND SUPPLY FEDEX FELIX, Y GEORGE H WATERS NUTRITION CTR GONZALEZ, B GRAINGER HARRIS & ASSOCIATES INC HD SUPPLY CONSTRUCTION HMS CONSTRUCTION INC HOME DEPOT CREDIT SERVICES KIMBALL MIDWEST KTUA LADCO LASER SAVER INC LEHR AUTO ELECTRIC LOPEZ, J MANGANIELLO, S MARIA ESMERALDA ARAMBULA MASON'S SAW MAYO, J MCDOUGAL LOVE ECKIS MESA REPROGRAPHICS NATIONAL CITY ELECTRIC NBS NV5 INC OFFICE SOLUTIONS BUSINESS PACIFIC REFRIGERATION INC PAUU, R PIERSON, D PORTILLO CONCRETE INC PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY RDO EQUIPMENT CO RELY ENVIRONMENTAL SAINZ, L SAKAMOTO, C SAN DIEGO COUNTY ASSESSOR SAN DIEGO MIRAMAR COLLEGE SDG&E SITEONE LANDSCAPE SUPPLY LLC SMART SOURCE OF CALIFORNIA LLC STAPLES BUSINESS ADVANTAGE SULLIVAN, C NATIONAL CIT IN'CORFOILA'i'En 1 WARRANT REGISTER # 15 10/8/2019 DESCRIPTION REIMB FOR YOUTH CENTER FIELD TRIP EDUCATION REIMBURSEMENT - FIRE DEPT T&A90219 MARINERS LANDING PLUMBING PARTS AND MATERIALS TOOL TRANSPORTATION DELIVERED SEP 20, 2019 REIMB FELIX CLEARS MEMBERSHIP EXEC TEAM TRAINING LUNCH JUL 31, 2019 MILEAGE REIMBURSEMENT FOR 10/08/19 MOP 65179 GENERAL SUPPLIES - PW PARADISE VALLEY CREEK WATER Q. MEDA TYPE FLUME FILTER HIGHLAND AVENUE TRAFFIC SIGNAL MOD INV 7974013. SUPPLIES FOR PW 801301CN TORQ - 80926CN INTER LUVE INTRA-CONNECT LIABILITY CLAIM COSTS PRINTER INK - LASER SAVER INSTALL MATERIALS MILEAGE REIMBURSEMENT - JOSE LOPEZ TRAVEL REIMBURSEMENT - STEVE MANGANIELLO REFUND FOR OVERPAID BUSINESS TAX, ACCT 9 MOP 45729 EQUIP SUPPLIES & REPAIR - PW TRAINING REIMBURSMENT CELLEBRITE JANELLE LIABILITY CLAIM COSTS COLOR PHOTO - WHITE FOAMCORE CITYWIDE ON -SITE ELECTRICAL AUG 13, 2019 LANDSCAPE MAINTENANCE DISTRICT SEWER USER SURVEY TAX ROLL OFFICE SUPPLIES FOR CMO MAINTENANCE AND REPAIRS NUTRITION TRAINING ADV LDG VEH THFT ICl/PAUU TUIT REIMB PIERSON DARREN EUCLID AVE BICYCLE & PEDESTRIAN ENH MOP 45707 GENERAL SUPPLIES - PW TEMPORARY HELP W/E SEP 29, 2019 - FIN DEPT MOP 45742 LAUNDRY SERVICES - PW FITTING, SEALING, ADAPTER, OIL, RING HAZARDOUS WASTE REIMBURSEMENT - MASONARY CONFERENCE TRAINING ADV LDG COVERT SAKAMOTO COUNTY RECORDS MAY 2019 - NSD TUITION 120TH POLICE ACADEMY GAS AND ELECTRIC UTILITIES - PW MOP 69277 LANDSCAPE SUPPLIES - PW BUSINESS CARDS FOR BARBARA G. MOP 45704 CITY CLERK OFFICE SUPPLIES ED REIMB LT SULLIVAN CHK NO 344468 344469 344470 344471 344472 344473 344474 344475 344476 344477 344478 344479 344480 344481 344482 344483 344484 344485 344486 344487 344488 344489 344490 344491 344492 344493 344494 344495 344496 344497 344498 344499 344500 344501 344502 344503 344504 344505 344506 344507 344508 344509 344510 344511 344512 344513 344514 DATE 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 10/8/19 AMOUNT 212.95 1,615.26 216.07 218.12 212.47 50.00 290.00 6.03 2,174.11 10,910.00 983.10 124,250.00 676.68 208.54 30,178.75 150.00 108.70 2,283.31 26.33 39.62 36.00 329.64 24.26 1,948.50 161.63 645.00 865.47 2,356.00 145.62 2,801.49 730.14 1,665.00 272,245.30 2,535.96 1,368.00 447.85 68.16 4,203.78 50.00 261.60 43.00 2,070.00 31,079.25 311.20 36.98 1,281.02 1,247.24 2/3 154 of 449 CALIFORNIA -0- PAYEE SWEETWATER AUTHORITY SWEETWATER AUTHORITY T MAN TRAFFIC SUPPLY TERMINIX INTERNATIONAL THE BANK OF NEW YORK MELLON THE STAR NEWS U S BANK VALLEY INDUSTRIAL SPECIALTIES WAXIE SANITARY SUPPLY WESTAIR GASES & EQUIPMENT INC WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 21 9/24/2019 N1ATIemu CITY IN'CORFOILA'i En WARRANT REGISTER # 15 10/8/2019 DESCRIPTION WATER BILL FACILITIES - PW SWEETWATER AUTH. - 500 E PLAZA MOP 76666 TRAFFIC SUPPLIES - PW CITY OWNED FACILITIES ONGOING PEST TRUSTEE & NOTICE FEE 9/27/19 TO 9/26/20 PUBLIC NOTICING - STAR NEWS TRAINING CREDIT CARD MOP 46453 BUILDING SUPPLIES - PW MISC JANITORIAL SUPPLIES - PW CARBON DIOXIDE SERVICE PERIOD 09/10/19 - 09/23/19 End Date 10/7/2019 Check Date 10/15/2019 GRAND TOTAL CHK NO DATE AMOUNT 344515 10/8/19 14,659.46 344516 10/8/19 21.68 344517 10/8/19 1,352.59 344518 10/8/19 1,820.00 344519 10/8/19 1,350.00 344520 10/8/19 294.70 344521 10/8/19 3,097.61 344522 10/8/19 521.13 344523 10/8/19 2,607.89 344524 10/8/19 43.70 A/P Total 887,823.93 10022019 10/2/19 257,057.16 1,111,246.39 $ 2,256,127.48 3/3 155 of 449 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 19tl OF NOVEMBER, 2019. AYES NAYS ABSENT 156 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 157 The following page(s) contain the backup material for Agenda Item: Warrant Register #16 for the period of 10/9/19 through 10/15/19 in the amount of $550,379.09. (Finance) Please scroll down to view the backup material. 157 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #16 for the period of 10/9/19 through 10/15/19 in the amount of $550,379.09. (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 10/9/19 - 10/15/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Adminsure Inc 818406 87,354.04 W/C Account Replenishment Sep 19 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $550,379.09. 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 $550,379.09 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 16 158 of 449 CALIFORNIA PAYEE HAIR PURIFICATION SYSTEMS ACE UNIFORMS & ACCESSORIES INC ACME SAFETY & SUPPLY CORP ALLSTATE SECURITY SERVICES INC AMAZON ASSI SECURITY INC AT&T AT&T AT&T BAKER & TAYLOR BARAHURA, D BLACKIE'S TROPHIES AND AWARDS BOOT WORLD BRODART CO CALIFORNIA HIGHWAY PATROL CASAS, LAURA CHEN RYAN ASSOCIATES INC COAST INDUSTRIAL SYSTEMS INC COMMERCIAL AQUATIC SERVICE INC CONCENTRA MEDICAL CENTERS COUNTY OF SAN DIEGO COUNTYWIDE MECHANICAL SYSTEMS COX COMMUNICATIONS CURVATURE INC DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DELGADO, E DEPARTMENT OF TOXIC SUBSTANCES DEPT OF JUSTICE DODSON, X EISER III, G ENNIS FLINT INC EXPERIAN FACTORY MOTOR PARTS FON JON PET CARE CENTER GONZALES, G GONZALES, T GOVCONNECTION INC GRAINGER HOME DEPOT CREDIT SERVICES INNOVATIVE CONSTRUCTION IRON MOUNTAIN JJJ ENTERPRISES KIMLEY HORN NATIONAL env INCORFOILA'i'ED WARRANT REGISTER # 16 10/15/2019 DESCRIPTION TRANSMITTERS / PW OFFICER SUPPLIES TRAFFIC CONTROL SUPPLY SEP 04, 2019 SECURITY SERVICE SEPTEMBER 2019 BOOKS FOR LIBRARY AS NEEDED FOR FY20 DOOR SECURITY SERVICES SEP 03, 2019 AT&T SBC ANNUAL PHONE SERVICE FOR FY20 AT&T SBC ANNUAL PHONE SERVICE FOR FY20 AT&T SBC ANNUAL PHONE SERVICE FOR FY20 BOOKS AS NEEDED FOR FY20 TRAINING REIM CCUG CONF MOP 03324 NAME TAGS PD MOP 64096 BOOTS FOR STAFF/ NSD BOOKS AS NEEDED FOR FY20. TRAINING TUITION VEH THFT/PAUU CITY COUNCIL TRANSLATION OCT 01, 2019 24TH ST. TODO TRAFFIC CONTROL SUPPLY CHEMICALS DELIVERED SEP 23, 2019 PRE -EMPLOYMENT PHYSICAL MAIL SERVICES FOR JUL 2019 HVAC SERVICES - UNIT REPLACEMENT COX DATA VIDEO SERVICES FY20 WS-C3850-48F-E- LIABILITY CLAIM COST AUG 2019 LIABILITY CLAIM COST AUG 2019 LIABILITY CLAIM COST AUG 2019 TIRES FOR CITY FLEET FOR FY 2020 WIRELESS RADIO EAR BUDS CASA YOUTH CENTER SNACKS AND SUMMER MOVIE PUBLIC WORKS YARD FINGERPRINTING REIMB / SUPPLIES FOR MAYOR'S OFFICE LEGAL SERVICES SEP 25, 30, 2019 TRAFFIC CONTROL SUPPLY AUG 30, 2019 CREDIT CHECKS MOP 82766 AUTO SUPPLIES - PW CANINE BOARD & CARE TUIT REIMB G. GONZALES MILEAGE REIMBURSEMENT FOR TIRZA GONZALES SURFACE PRO TRASH CAN .50 GAL GREEN HDPE SEP 17, 201 ADDITIONAL INVOICE 008706/3521336 EUCLID BICYCLE & PED. ENH MONTHLY MN STORAGE CHARGE OCT 01, 2019 FIRE MONITOR / INSPECTIONS OCT 31, 2019 SR2S CHK NO 344525 344526 344527 344528 344529 344530 344531 344532 344533 344534 344535 344536 344537 344538 344539 344540 344541 344542 344543 344544 344545 344546 344547 344548 344549 344550 344551 344552 344553 344554 344555 344556 344557 344558 344559 344560 344561 344562 344563 344564 344565 344566 344567 344568 344569 344570 344571 DATE 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 AMOUNT 469.50 337.68 300.15 3,072.88 3,292.51 1,435.00 8,769.56 2,286.60 500.86 987.00 246.51 43.50 117.43 264.41 247.00 150.00 10,206.25 344.26 1,068.01 516.50 2,176.94 9,729.89 305.25 13,891.19 5,103.18 2,624.00 1,320.20 1,547.59 387.19 235.51 6,502.00 759.00 363.74 1,202.50 1,040.24 155.42 414.64 1,655.00 3,500.00 27.86 5,781.86 1,767.84 2,530.51 48,149.00 213.21 810.00 22,569.62 1/3 159 of 449 CALIFORNIA PAYEE LANGUAGE LINE SERVICES LASER SAVER INC LEFORT'S SMALL ENGINE REPAIR LEXIPOL LLC LIFE DECK COATING INSTALLATION LOPEZ, TERESA YOLANDA MAINTEX INC MAN K9 INC MANGUM, N MCDOUGAL LOVE ECKIS MIDWEST TAPE NAPA AUTO PARTS NATIONAL CITY CAR WASH NDC OFFICE SOLUTIONS BUSINESS OFFICE TEAM O'REILLY AUTO PARTS PACIFIC PRODUCTS & SERVICES PARTS AUTHORITY METRO LLC PARTS AUTHORITY METRO LLC PEACE OFFICERS RESEARCH PENSKE FORD POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RAMIN KHALEGHI RANDALL LAMB ASSOCIATES INC REEDER, M RIO HONDO COLLEGE S D COUNTY SHERIFF'S DEPT SAM'S ALIGNMENT SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PET SUPPLY SCST INC SDG&E SERRA COOPERATIVE LIBRARY SHARP ELECTRONICS CORPORATION SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE SPEEDPRO IMAGING STAPLES BUSINESS ADVANTAGE SWAGIT PRODUCTION LLC SWANK MOTION PICTURES INC SWEETWATER AUTHORITY NATIONA.L IT ' IN'CORFOILATEn WARRANT REGISTER # 16 10/15/2019 DESCRIPTION DISPATCH TRANSLATION MOP 45725 TONER CARTRIDGES - C CLERK MOP 80702 AUTO SUPPLIES - PW POLICY PROCEDURE FY 2020 LOCKER ROOM FLOORING INTERPRETATION SERVICES OCT 01, 2019 CITYWIDE JANITORIAL SUPPLIES / PW TRAINING TUITION K9 EVAL / P HERNADZ PARKING REIMBURSEMENT / N. PEDONE/2019 LIABILITY CLAIM COST AUG 2019 AUDIO VISUAL MATERIALS FOR LIBRARY MOP 45735 GENERAL SUPPLIES - PW CAR WASH SERVICES FOR CITY FLEET HD420 RENTAL HOUSING NOV 11, TO 15, 2019 INV I-01611534 / OFFICE SUPPLIES / FINANCE TEMPORARY SERVICES W/E SEP 13, 2019 - NS MOP 75877 AUTO SUPPLIES - PW TRAFFIC CONTROL SUPPLY SEP 05, 2019 MOP 75943 AUTO SUPPLIES - PW MOP 75943 AUTO SUPPLIES - PW PORAC - RESERVES R&M CITY VEHICLES FOR FY 2019 MOP 67839 GENERAL SUPPLIES - PW MOP 45707 GENERAL SUPPLIES - PW HIGHLAND AVENUE T.S. MOD. MOP 45742 LAUNDRY SERVICES - PW LIABILITY CLAIM COST POLICE STATION HVAC MOD. REIMBURSEMENT MARTIN REEDER - APA CONF TRAINING TUITION PAYMENT CAMACHO FTO RANGE TRAINING WHEEL ALIGNMENT SERVICE FOR CITY TRAINING CPR FOR 4 OFFICERS MOP 02975 CANINE SUPPLIES PD EUCLID AVE. BICYCLE & PED. GAS & ELECTRIC UTILITIES FOR PW FY 2020 ANNUAL MEMBERSHIP 7/01/19 TO 6/30/20 MAINTENANCE 20 SHARP COPIERS FOR FY20 MOP 45756 LITERACY SUPPLIES - LIBRARY MOP 63845 BUSINESS CARDS / NSD MOP 45758 GENERAL AUTO SUPPLIES - PW TECHNICIAN & TRUCK SERVICE AUG 31, 2019 DECALS FOR LIFTGATE ON VEH #154 & #155 MOP 20468 OFFICE SUPPLIES PD SWAGIT WEBCASTING FOR FY20 SUMMER MOVIES IN THE PARK KIMBALL PARK WATER BILL FOR PARKS DIVISION FY 2020 CHK NO 344572 344573 344574 344575 344576 344577 344578 344579 344580 344581 344582 344583 344584 344585 344586 344587 344588 344589 344590 344591 344592 344593 344594 344595 344596 344597 344598 344599 344600 344601 344602 344603 344604 344605 344606 344607 344608 344609 344610 344611 344612 344613 344614 344615 344616 344617 344618 DATE 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 10/15/19 AMOUNT 351.74 190.20 174.00 19,580.50 24,000.00 160.00 769.33 110.00 21.00 1,754.91 1,726.92 30.45 490.00 1,375.00 7,428.11 4,983.30 98.73 2,487.41 30.91 30.91 80.00 1,012.43 177.99 1,846.30 35,930.91 474.58 1,745.65 44,638.65 1,564.02 38.00 1,000.00 60.00 36.80 203.33 13,882.00 5,930.58 3,368.00 3,020.70 275.03 36.98 214.99 99.12 465.50 3,643.16 1,920.83 435.00 2,932.49 2/3 160 of 449 CALIFORNIA PAYEE SYMBOLARTS, LLC TAC LIFE SYSTEMS LLC TALLAL INC TECHNOLOGY INTEGRATION GROUP TERMINIX INTERNATIONAL TERRA BELLA NURSERY INC THE ABBEY CATERING THE BANK OF NEW YORK MELLON THE BUMPER GUY INC THE STAR NEWS THOMSON REUTERS WEST TITAN EMPIRE INC U S BANK U S BANK UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS VISTA PAINT WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WETMORES WETMORES WHITAKER BROTHERS WILLY'S ELECTRONIC SUPPLY Z A P MANUFACTURING INC WIRED PAYMENTS PAYCHEX BENEFIT TECH INC ADMINSURE INC ARCO BUSINESS SOLUTIONS UNION BANK OF CALIFORNIA NATIONA.L IT ' 73. INCORFOILATro WARRANT REGISTER # 16 10/15/2019 DESCRIPTION OFFICER LAPEL PINS NARCAN SUMMER MOVIES AT KIMBALL PARK MIS EQUIP CITY OWNED FACILITIES ONGOING PEST SUCCULENTS FOR CITY HALL GOVERNMENTAL PURPOSES CUSTODIAN FEE PERIOD 7/01/19 TO 9/30/19 AUTO PARTS, SIDE BRACKET ADVERTISING NOTICES OCT 04, 2019 LEGAL PUBLICATION UPDATES / 2019 INVESTIGATIVE SVCS AUG 09, TO OCT 02, 2019 CREDIT CARD PAYMENT - CMO CREDIT CARD PAYMENT SEP 2019 STREET SWEEPER REPAIRS AND MAINTENANCE MOP 46453 BUILDING SUPPLIES - PW EMERGENCY VETCARE K9 VET CARE VERIZON CELLULAR SERVICES FOR FY20 MOP 68834 GENERAL SUPPLIES - PW MISCELLANEOUS JANITORIAL SUPPLIES INVESTIGATIVE SERVICE REAR BRAKE DRUM MOP 80333 AUTO SUPPLIES - PW WID T-LED-3 - MOP 00351 BATTERIES PD RESHEETING OF TRAFFIC SIGNS BENETRAC ESR SVCS BASE FEE OCT 2019 WIC ACCOUNT REPLENISHMENT SEP 2019 FUEL FOR CITY FLEET SEPTEMBER 2019 NC 2012 GO REF BONDS SVCS GRAND TOTAL CHK NO DATE AMOUNT 344619 10/15/19 4,237.76 344620 10/15/19 239.92 344621 10/15/19 545.00 344622 10/15/19 175.09 344623 10/15/19 1,060.00 344624 10/15/19 861.78 344625 10/15/19 369.69 344626 10/15/19 300.00 344627 10/15/19 1,817.74 344628 10/15/19 51.25 344629 10/15/19 7,374.64 344630 10/15/19 17,677.75 344631 10/15/19 3,665.15 344632 10/15/19 108.26 344633 10/15/19 643.45 344634 10/15/19 862.51 344635 10/15/19 643.16 344636 10/15/19 272.04 344637 10/15/19 10, 754.43 344638 10/15/19 917.84 344639 10/15/19 2,704.91 344640 10/15/19 1,217.26 344641 10/15/19 2,790.25 344642 10/15/19 144.43 344643 10/15/19 876.54 344644 10/15/19 197.93 344645 10/15/19 6,769.92 A/P Total 427,524.15 650246 10/11/19 532.40 818406 10/9/19 87,354.04 818409 10/9/19 33,803.50 818412 10/9/19 1,165.00 $ 550,379.09 3/3 161 of 449 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 19tl OF NOVEMBER, 2019. AYES NAYS ABSENT 162 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 163 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 National City Chapter 13.18 of the National City Municipal Code regarding tree preservation of the city -owned trees and parkway landscaping as the City's Urban Forest Management Plan. (Engineering/Public Works) Please scroll down to view the backup material. 163 of 449 CITY OF NATIONAL CITY, CALIFORNIA MEETING DATE: November 19, 2019 AGENDA ITEM NO. ITEM TITLE Public Hearing and adoption of an Ordinance of the City Council of the City of National City amending National City Chapter 13.18 of the National City Municipal Code regarding tree preservation of the city - owned trees and parkway landscaping as the City's Urban Forest Management Plan. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil(.y , DEPARTMENT: Engineering/Public Works PHONE: 619-336-4388 EXPLANATION: See attached. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. jN/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: x STAFF RECOMMENDATION: Adopt 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 adoption 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. Proposed Ordinance 164 of 4491 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. 165 of 449 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. On November 5, 2019, staff presented the Street Tree Ordinance and UFMP. City Council voted 4-0 to approve the introduction / first reading of the Ordinance. Said amendments to National City Municipal Code Section 13.18 and UFMP are now presented for the second reading and adoption. 166 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 167 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution by the City Council of the City of National City establishing Residential Permit Parking District "M" on both sides of Sheryl Lane (TSC 2019-09). (Engineering/Public Works) Please scroll down to view the backup material. 167 of 449 CITY OF MATION r L CITY, CALIFORNIA COUNCIL AGENDA STATEMENT HEFTING DATE: November 19, 2019 AGENDA ITEM NO. ITEIVi TITLE: Public Hearing and Adoption of a Resolution by the City Council of the City of National City establishing Residential Permit Parking District "M" on both sides of Sheryl Lane (TSC 2019-09). PREPARED BY: Carla Hutchinson, Assistant Engineer - CiviIC,�-] , DEPARTMENT: Engineering/Public Works PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. jN/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Hold public hearing and approve Resolution establishing Residential Permit Parking District "M". BOARD / COMMISSION RECOMMENDATION: At their meeting on September 11, 2019, the Traffic Safety Committee unanimously approved the staff recommendation to establish Residential Permit Parking District "M". ATTACHMENTS: 1. Explanation w/Exhibit 2. Affidavit of Posting "Notice of Public Hearing" 3. Staff Report to the Traffic Safety Committee on September 11, 2019 (TSC No. 2019-09) 4. Resolution 168 of 4491 EXPLANATION Mr. Mitchel Beauchamp and his neighbors have signed a petition requesting that the City establish a Residential Permit Parking District on both sides of Sheryl Lane. Mr. Beauchamp stated that there is a lack of on -street parking available due to the several apartment complexes next to Sheryl Lane. Mrs. Beauchamp also stated that this apartment complex does not provide sufficient parking spaces for renters, which has caused significant parking impact, in the area. Mr. Beauchamp also stated that the establishment of a Residential Permit Parking District on both sides of Sheryl Lane is a potential solution for this issue since it would allow area residents to park their vehicles in front of their houses. Sheryl Lane is approximately two blocks long consisting primarily of single family residences. Section 22507 of the California Vehicle Code allows jurisdictions to create preferential parking permit programs through ordinance or resolution based on provisions that are reasonable and necessary to ensure the effectiveness of the program. The ordinance or resolution may include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents and merchants may be issued a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution. In addition to the provisions of Section 22507 of the California Vehicle Code, City Council Policy No. 710 "Residential Permit Parking Program" provides guidelines for establishing and regulating residential permit parking programs / districts in National City. In determining whether a residential area identified as eligible for residential permit parking may be designated as a Residential Permit Parking District, City Council shall take into account factors which include but are not limited to the following: 1) The extent of the desire and need for the residents to have residential permit parking; 2) The extent to which legal on -street parking spaces are occupied by motor vehicles during the period proposed for parking restriction; 3) The extent to which motor vehicles registered to persons residing within the proposed Residential Permit Parking District boundaries cannot be accommodated by the number of available off-street parking spaces. Currently, there are nine active Residential Permit Parking Districts in National City established through City Council Resolution: "A", "C", "D", "E", "F", "G", "H", "I", "J" and "L". Parking District "K" was approved by City Council, but will not be posted until the redevelopment project on the northeast corner of National City Blvd and E. 16th Street is completed. See attached map. According to City Council Policy the following minimum criteria must be met in order for a Residential Parking Permit District to be considered: 169 of 449 1) The Residential Parking Permit District shall consist of at least one side of a street section between two consecutive streets. This condition is met. 2) A petition shall be signed by 60 percent of the property owners within the proposed boundaries of the Residential Parking Permit District. This condition is met. 3) At least 70 percent of available curbside parking spaces are occupied by commuter vehicles (vehicles registered to owners living outside of the proposed parking district boundaries) during the time the parking study is being conducted. This condition is met (see explanation below). This item was presented to the Traffic Safety Committee (TSC) on September 11, 2019. Mrs. Elia Ramirez and other residents living on Sheryl Lane were in attendance at the meeting. All of the residents expressed concerns about parking issues on Sheryl Lane and agreed that the establishment of a Residential Permit Parking District on Sheryl Lane is a potential solution to addressing the lack of available parking. Parking enforcement officers from the City's Neighborhood Services Division performed license plate surveys of vehicles parked in the proposed Parking District over a two - week period. Data was collected on various days of the week at 6:00 a.m. and again at 4:00 p.m. The data shows that during 4 days of the parking survey period, 70% or more of the on -street parking was occupied by commuter vehicles. Therefore, the third condition of the City Council Policy is met. Engineering staff did an additional study of parking occupancy to compare the number of area resident vehicles versus the number of commuter vehicles. The result of this study indicates that an average of 66 percent of the total on -street vehicles parked within the proposed District boundary were occupied by vehicles not belonging to the residents of the proposed Parking District around 6:00 a.m., an average of 72 percent were occupied by vehicles not belonging to residents of the proposed Parking District around 4:00 p.m. Based on the above -mentioned conditions, staff's recommendation is to support the establishment of a Residential Permit Parking District on Sheryl Lane for. The Traffic Safety Committee voted unanimously to support establishment of the parking district. If approved by City Council, all work will be performed by City Public Works. 170 of 449 Proposed Residential Parking Permit District on both sides of Sheryl Lane (TSC Item: 2019-09) "Vista Del Sol" Apartments (132 units) "1709-1749 E. 16th Street"fg Apartments (32 units) "Bella Vita" Apartments (70 units) LEGEND p Proposed Residential Parking "...I Permit District "M" 171 of 449 State of California County of San Diego City: AFFIDAVIT OF POSTING NOTICE OF PUBLIC HEARING ) Roberto Yano, being first duly sworn, certifies: THAT he is now and has been the Deputy City Engineer of the City of National THAT the City Council of National City will hold a Public Hearing on November 19, 2019, to consider ESTABLISHING A RESIDENTIAL PARKING PERMIT DISTRICT "M" ON BOTH SIDES OF SHERYL LANE, PURSUANT g O CITY COUNCIL POLICY 7'10 EN�g I`ii LED RESIDENTIAL PERMIT PARKING PROGRAM. THAT he caused the notices of said Public Hearing to be posted at intervals of no more than 100 feet as prescribed by law, on the 4th day of November 2019 and thereafter, he made this affidavit and filed it with the City Clerk of the City of National City. Dated at National City, California this 4th day of November 2019. 0 Dq`uty City Engineer Mic ael R. Dal ., CMC City Clerk 172 of 449 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 11, 2019 ITEM TITLE: REQUEST TO ESTABLISH A RESIDENTIAL PARKING PERMIT DISTRICT "M" ON BOTH SIDES OF SHERYL LANE PREPARED BY: Carla Hutchinson, Assistant Engineering - Civil Engineering & Public Works Department DISCUSSION: Mr. Mitchel Beauchamp and his neighbors have signed a petition requesting that the City establish a Residential Permit Parking District on both sides of Sheryl Lane. Mr. Beauchamp stated that there is a lack of on -street parking available due to the 70-unit apartment complex next to Sheryl Lane. Mrs. Beauchamp also stated that this apartment complex does not provide sufficient parking spaces for renters, which has caused significant parking impact, in the area. Mr. Beauchamp also stated that the establishment of a Residential Permit Parking District on both sides of Sheryl Lane is a potential solution for this issue since it would allow area residents to park their vehicles in front of their houses. Section 22507 of the California Vehicle Code allows jurisdictions to create preferential parking permit programs through ordinance or resolution based on provisions that are reasonable and necessary to ensure the effectiveness of the program. The ordinance or resolution may include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents and merchants may be issued a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution. See attached copy of Section 22507 of the California Vehicle Code. Currently, there are ten active Residential Permit Parking Districts in National City established through City Council Resolution: "A", "C", "D", "E", "F", "G", "H", "I", "J", and "L". Parking District "K" was approved by City Council, but will not be posted until the redevelopment project on the northeast corner of National City Blvd and E. 16th Street is completed. See attached map. With Mr. Beauchamp's initiative, a petition was created and distributed by residents around the neighborhood. The petition was then submitted to Engineering staff for review. The neighborhood is composed of the following single-family residences on Sheryl Lane: 1843, 1845 on E. 16th Street and 1401, 1409, 1410, 1415, 1427, 1430, 1440, 1445, 1501, 1507, 1517 on Sheryl Lane, and the following multi -family residences: 1420, 1504-1510, 1512-1516 on Sheryl Lane. According to City Council Policy the following minimum criteria must be met in order for a Residential Parking Permit District to be considered: 1) The Residential Parking Permit District shall consist of at least one side of a street section between two consecutive streets. This condition is met. 173 of 449 2) A petition shall be signed by 60 percent of the property owners within the proposed boundaries of the Residential Parking Permit District. This condition is met. 3) At least 70 percent of available curbside parking spaces are occupied by commuter vehicles during the time the parking study is being conducted. This condition is met. Please see explanation below. Parking enforcement officers from the City's Neighborhood Services Division performed license plate surveys of vehicles parked in the proposed Parking District over a two -week period. Data was collected on various days of the week at 6:00 a.m. and again at 4:00 p.m. The data shows that during 4 days of the parking survey period, 70% or more of the on -street parking was occupied by commuter vehicles. See attached Table I summary of parking survey results. Therefore, the third condition of the City Council Policy is met. Engineering staff did an additional study of parking occupancy to compare the number of area resident vehicles versus the number of commuter vehicles. The result of this study indicates that an average of 66 percent of the total on -street vehicles parked within the proposed District boundary were occupied by vehicles not belonging to the residents of the proposed Parking District around 6:00 a.m., an average of 72 percent were occupied by vehicles not belonging to residents of the proposed Parking District around 4:00 p.m. See attached Table II summary of survey results. STAFF RECOMMENDATION: Since all of the three conditions of the City Council Residential Permit Parking District Policy are met, Engineering staff recommends the establishment of Residential Permit Parking District "M" on both sides of Sheryl Lane. EXHIBITS: 1. Resident's Request 2. Petition 3. Public Notice 4. Location Map 5. Photos 6. Parking Occupancy Survey Results Table I & Table II 7. Existing Residential Permit Parking District Map 8. Section 22507 of the California Vehicle Code 9. Residential Permit Parking Program - Policy Number 710 2019-09 174 of 449 +r* CALIFORNIA NATIONAL airy aw-ri INCORPORATED PUBLIC REQUEST FORM Contact Information Name: Mitchel Beauchamp Address: Phone: Email: Request Information Location: Request: Residential parking district on Sheryl Ln Attachments:7 Yes No Description: Internal Use Only: Request Received By: Luca Zappiello Date: 6/27/19 Received via: Assigned To: Notes: Counter/In-Person Telephone nEmail Fax [] Referral: 175 of 449 t & PI') Or -ER REQUEST FOR RESIDENTIAL PERMIT PARKING DISTRICT ITV r..1R fall, ITI'ON TO ESTABLISH A RESIDENTIAL PERMIT PARTING DISTRICT ON SHERYL LANE aO 7JL'r27'.9 NAME (PRINT) eri)zA am° erirdic," 'bv(ta-eANevii avvt,r- to licADdeaf) OMb6J Mark L Qxaio 4 1:)160/olCO Mendoz 6444400 elliwck. 5 wh SA. Mc 6edk- ; f/c 4t.rro'/o 1) /Id t l\ �cc..tW - S�NATURE r DATE 17 , "vim Si/by/9 Wr04 qpiict ‘/q/e o49-fil Cs) Mc STREET ADDRESS (qq a Slut tiv :, lct:► 11/01 5/'iky, , 4Aiv Aviv/VA 1 cirYcieul/750 yf het L C, 9//5 i Nato r G, ci !'t c r� z ,s I4W '/ ,v,- l ,i(A cornk/ air e4 ft7 1 s" shejy) ci w gro 4- o-19 L 14 5.6. /G sr "kTI )1vf I. c/ 7 9, GI 1 / 9 5' o 40,t) WA,,faAL 0 0'1A �. G �A ,9AC /4„ or rft: 6 176 of 449 • REOUEST FOR RESIDENTING PERMIT PARKING DISTRICT PETITION TO ESTABLISH A RESIDENTIAL PERMIT PARKING DISTRICT ON SHERYL LANE Graz SrGNA'I LIRE DATE L STREET ADDRESS I .e-04.4) eve 6 ...-' 4 i 3 o'"7„o - ICA-rad' &co•t-,L) 06/6 4 /Vttz fi-;z•d /4 v-- • • • , t 177 of 449 September 2, 2019 Resident/Property Owner CALIFORNIA )AL, CITY INCORPORATED Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2019-09 REQUEST TO ESTABLISH A RESIDENTIAL PARKING PERMIT DISTRICT "M" ON BOTH SIDES OF SHERYL LANE 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 2019-09. Sincerely, Stephen Manganiello City Engineer SM:ch Enclosure: Location Map 2019-09 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 178 of 449 Proposed Residential Parking Permit District "M" — Sheryl Lane (looking north) Proposed Residential Parking Permit District "M" — Sheryl Lane (looking south) 179 of 449 Proposed Residential Parking Permit District "M" — Sheryl Lane (looking north) 180 of 449 Residential Permit Parking District on Sheryl Lane Table I: Parking Occupancy Survey Results — On -street parking available Tuesday 7/30/2019 5:45 AM 33 12 18 30 36 55 91 Tuesday 7/30/2019 4:30 PM 33 7 23 30 21 70 91 Wednesday 7/31/2019 5:55 AM 33 9 19 28 27 58 85 Wednesday 7/31/2019 3:40 PM 33 8 16 24 24 48 73 Thursday 8/1/2019 5:50AM 33 9 21 30 27 64 91 Thursday 8/1/2019 3:45 PM 33 7 18 25 21 55 76 Friday 8/2/2019 6:00 AM 33 11 19 30 33 58 91 Friday 8/2/2019 4:15 PM 33 8 23 31 24 70 94 Tuesday 8/6/2019 6:00 AM 33 10 24 34 30 73 103 Tuesday 8/6/2019 3:30 PM 33 9 24 33 27 73 100 Wednesday 8/7/2019 5:50AM 33 8 22 30 24 67 91 Wednesday 8/7/2019 3:30 PM 33 9 16 25 27 48 76 Thursday 8/8/2019 6:15 AM 33 7 13 20 21 39 61 Thursday 8/8/2019 3:45 PM 33 10 20 30 30 61 91 Friday 8/9/2019 6:OOAM 33 8 22 30 24 67 91 Friday 8/9/2019 4:00 PM 33 11 21 32 33 64 61 97 92 Average early morning 6:00 am 31 Average late afternoon 4:00 pm 24 63 87 Total Average 27 62 89 * Total available on -street parking spaces have been determined by an on -site inspection and number of vehicles that can park on each curbside, with consideration for driveways. Please note that a vehicle length of 20 feet has been used. 181 of 449 Residential Permit Parking District on Sheryl Lane Table II: Parking Occupancy Survey Results — Area Resident Vehicles vs Commuter Vehicles Tuesday 7/30/2019 5:45 AM 12 18 30 40 60 Tuesday 7/30/2019 4:30 PM 7 23 30 23 77 Wednesday 7/31/2019 5:55AM 9 19 28 32 68 Wednesday 7/31/2019 3:40 PM 8 16 24 33 67 Thursday 8/1/2019 5:50AM 9 21 30 30 70 Thursday 8/1/2019 3:45 PM 7 18 25 28 72 Friday 8/2/2019 6:OOAM 11 19 30 37 63 Friday 8/2/2019 4:15 PM 8 23 31 26 74 Tuesday 8/6/2019 6:OOAM 10 24 34 29 71 Tuesday 8/6/2019 3:30 PM 9 24 33 27 73 Wednesday 8/7/2019 5:50AM 8 22 30 27 73 Wednesday 8/7/2019 3:30 PM 9 16 25 36 64 Thursday 8/8/2019 6:15AM 7 13 20 35 65 Thursday 8/8/2019 3:45 PM 10 20 30 33 67 Friday 8/9/2019 6:OOAM 8 22 30 27 73 Friday 8/9/2019 4:00 PM 11 21 32 34 66 Average early morning 6:00 am 34 66 Average late afternoon 4:00 pm 28 72 Total Average 31 69 182 of 449 §22507.1 —4 of the Department of Transportation of such determination by the county health officer. (b) No person shall stop, park, or leave standing any vehicle in violation of the restrictions stated on the signs or markings. (c) This section does not apply to any of the following: (1) Public utility vehicles while performing a work operation. (2) The driver of any vehicle which is disabled in such a manner and to such an extent that it is impossible to avoid stopping, parking, or leaving the disabled vehicle standing on the roadway. Amended Ch. 455, State. 1987. Effective January 1,1988. Local Regulations: Parking Privileges: Car Share or Ridesharing Programs 22507.1. (a) A local authority may, by ordinance or resolution, designate certain streets or portions of streets for the exclusive parking privilege of motor vehicles participating in a car share vehicle program or ridesharing program. The ordinance or resolution shall establish the criteria for a public or private company or organization to participate in the program, and may limit the types of motor vehicles that may be included in the program. Under the car share vehicle program a car share vehicle or ridesharing vehicle shall be assigned a permit by the local authority that allows that vehicle to park in the exclusive designated parking areas. (b) The ordinance or resolution described in subdivision (a) does not apply until signs or markings giving adequate notice thereof have been placed. (c) A local ordinance or resolution adopted pursuant to subdivision (a) may contain provisions that are reasonable and necessary to ensure the effectiveness of a car share vehicle program or ridesharing program. (d) For purposes of this section, a "car share vehicle" is a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service. Added Sec. 1, Ch. 189, Stats. 2006. Effective January 1, 2007. Local Regulation of State Highway: Stopping, Standing, or Parking 22506. Local authorities may by ordinance or resolution prohibit or restrict the stopping, standing, or parking of vehicles on a state highway, in their respective jurisdictions, if the ordinance or resolution is first submitted to andapprovedinwritingbytheDepartmentofTransportation, except that where maintenance of any state highway is delegated by the Department of Transportation to a city, the department may also delegate to the city the powers conferred on the department. Amended Ch. 455, Stats. 1987. Effective January 1,1988. Local Regulations 22507. (a) Local authorities may, by ordinance or resolution, prohibit or restrict the stopping, parking, or standing of vehicles, including, but not limited to, vehicles that are six feet or more in height (including any load thereon) within 100 feet of any intersection, on certain streets or highways, or portions thereof, during all or certain hours of the day. The ordinance or resolution may include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents 46— Div. 11 and merchants may be issued a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution, With the exception of alleys, the ordinance or resolution shall not apply until signs or markings giving adequate notice thereof have been placed. A local ordinance or resolution adopted pursuant to this section may contain provisions that are reasonable and necessary to ensure the effectiveness of a preferential parking program. (b) An ordinance or resolution adopted under this section may also authorize preferential parking permits for members of organizations, professions, or other designated groups, including, but not limited to, school personnel, to park on specified streets if the local authority determines that the use of the permits will not adversely affect parking conditions for residents and merchants in the area. Amended Sec. 1, Ch. 223, Stats. 2001. Effective January 1, 2002. Permit Parking: Private Driveway 22507.2. Notwithstanding subdivision (e) of Section 22500, a local authority may, by ordinance, authorize the owner or lessee of property to park a vehicle in front of the owner's or lessee's private driveway when the vehicle displays a permit issued pursuant to the ordinance authorizing such parking. The local authority may charge a nonrefundable fee to defray the costs of issuing and administering the permits. A local ordinance adopted pursuant to this section may not authorize parking on a sidewalk in violation of subdivision (f) of Section 22500. Amended Ch. 45, Stats. 1985..Effective January 1, 1986. Local Parking Regulations 22507.5. (a) Notwithstanding Section 22507, local authorities may, by ordinance or resolution, prohibit or restrict the parking or standing of vehicles on certain streets or highways, or portions thereof, between the hours of 2 a.m. and 6 a.m., and may, by ordinance or resolution, prohibit or restrict the parking or standing, on any street, or portion thereof, in a residential district, of commercial vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or more. The ordinance or resolution relating to parking between the hours of 2 a.m. and 6 a.m. may provide for a system of permits for the purpose of exempting from the prohibition or restriction of the ordinance or resolution, disabled persons, residents, and guests of residents of residential areas, including, but not limited to, high -density and multiple -family dwelling areas, lacking adequate offstreet parking facilities. The ordinance or resolution relating to the parking or standing of commercial vehicles in a residential district, however, shall not be effective with respect to any commercial vehicle, or trailer component thereof, making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the restricted streets or highways or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon the restricted streets or highways for which a building permit has previously been obtained. (b) Subdivision (a) of this section is applicable to vehicles specified in subdivision (a) of Section 31303, except that an ordinance or resolution adopted pursuant to subdivision (a) of this section shall not permit the parking of those vehicles which is otherwise prohibited under this code. 183 of 449 EXISTING AND PROPOSED RESIDENTIAL PERMIT PARKING DISTRICTS CITY OF NATIONAL CITY 1ST STREET 2ND STREET CITY OF SAN DIEGO BUCKY LN L DMSION STR EL TOYON PARK Q E 1ST STREET LE 2ND STREET -E 3RD 5 i I-tET rn C PARADISE 0 VALLEY HOSPITAL 8TH STREET CALIFORNIA CERVANTES AVENUE 4TH STRE PLAZA BOULEVARD 16TH STREET rn 24T1-I STREET NATIONAL-Ctry (e s5 INCORjORATED 184 of 449 LEGEND oasfNG RESIDENTIAL PERMIT PARKING DISTRACT PROPOSEDFESDBNRAL PERMIT PARKING DISTRICT r- CITY COUNCIL .POLICY TITLE: RESIDENTIAL PERMIT PARKING PROGRAM ADOPTED: August 23, 1994 POLICY DUMBER: 710 AMENDED OR REVISED: Purpose Page j. el 9 The purpose of this policy, statement is to regulate a Residential Permit Parking program heretofore established by the City Council. • A petition for a Residential .Permit Parking' Area shall be directed to the Traffic Safety -. Committee. Before further processing of a request for a Residential Parking Permit District the petition shall be signed by 60% of the owners within the proposed boundaries of the Residential Parking Permit District. _ The Traffic Safety Committee shall direct the City l ngineer to proceed with the processing of this program in conformance with the following stated procedures. SECTION 1. Definitions (a) "Residential Area" shall mean a contiguous area oonsisting of primarily residential uses containing public streets or parts thereof; (b) "Residential Permit Parking Area" shall mean the adjacent public street frontage to a residential area designated as lieriin provided wherein resident motor vehicles displaying a valid permit as described herein shall be exempt from parking restrictions established pursuant to this policy statement; (c) "Resident Vehicle" shall mean a motor vehicle parked in a residential area in which it is registered wifir the State of California Department of Motor Vehicles or a similar registering entity; (d) "Comm iter. Vehicle" shall mean a motor vehicle, other than one described in subparagraph (e) herein, parked m a residential area in which it is not registered with the State of California Department of Motor Vehicles; (e)- "Transient Vehicle" shall mean a motor vehicle which has been issued a temporary residential parking permit pursuant to this policy statement; (f) "Motor Vehicle" shall include an automobile, truck, recreation vehicle, motorcycle or other motor -driven or self-propelled form oftransportation. CITY OF NATIONAL CITY 185 of 449 CITY COUNCIL POLICY TITLE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 ADOPTED: August 23,1994 AMENDED OR. REVISED: Page.2.of 9 (g) "Owns" shall mean that a person has at Ieast one -quarter interest in a parcel af'reaI property within a residential permit parking area. . (h) "Lease:shall mean that 'a person pays rent or other remuneration for use of a.parcel of real property as his. residence or place of business. (i) . "Person" shall mean natural person, joint venture, xoift:Steck Company, partnership association, club, company, corporation, business trust, organization, or the agent, employee, lessee, manager, officer or servant of any of the: (j) "City Engineer" shall mean the City Engineer of the City of National City or his designee. (k) "Clerk" shall mean the person or officer why is or acts as clerk of the City Council of the City of National City. 1) "Code" shall mean National City Municipal Code. SECTION 2. Designation of Residential Permit Parking Areas (a) The City Council' shall. upon the recommendation of the Traffic Safety Conunittee and subsequent to. a public hearing consider for designation as residential permit parking areas those residential areas meeting and satisfying the objective criteria therefore established in. this policy statement. (b) The City. Council shall then designate by resolution certain residential areas as residential permit parking areas in which motor vehicles displaying a valid parking permit may, stand or be parked without limitations by parking time or parking area restrictions established by this policy statement. Said resolution shall also state the applicable parking regulation and period of the day for its application, and the fee to be charged upon permit issuance. CITY OF NATIONAL CITY 186 of 449 { CITY COUNCIL POLICY TITLE: RESIDENTIAL, PERMIT PARKING PROGRAM POLICY NUMBER: 710 ADOPTED: August 23, 1994 AMENDED OR • REVISED: Page 3 of 9 SECTION 3. Designation Criteria (a) A -residential area shall be deemed eligible - for consideration as a residential .permit, parking area if, based on .studies prepared at the direction of the City Engineer,. objective, criteria establish that the residential area is impacted by commuter vehicles for any extended period during the day or night, or weekends, or during holidays. (b) In determining whether a residential area identille4 as eligible for residential permit parking may be designated as a residential permit parking area, the City Council shall take into account factors which include but are not limited to lire following: (1) The extent of the desire and need fir the residents for residential permit parking; (2) The extent to which legall on -street parking spaces are occupied by motor vehicles during the period proposed for parking restriction; (3) The extent to which vehicles parking in the area during the period proposed for parking restriction are commuter vehicles rather than resident vehicles; (4) The extent to which motor vehicles registered to persons residing in the residential,, area cannot be accommodated by the number of available off-street parking spaces. (c) The foowng are set forth as minimum criteria in determining whether to proceed with a reeoinmelidation for approval ofa Residential Permit Parking District: (1) 'The Residential Parking Permit District shall consist of at least one side of a street section between two consecutive intersecting streets. (2) At Ieast 70 percent of the available curbside parking commuter vehicles during the time the parking study is being conducted. cupied by CITY OF NATIONAL CITY 187 of 449 CITY COUNCIL POLICY TITLE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 ADOPTED: August 23, 1994 AMENDED OR REVISED: Page 4 of 9 SECTION 4. Designation Process (a) When directed to do_ so by the Traffic Safety Committee, the City ,En cause to have such_surveys _and. studies as are deetned.n__eeess yto determine whether a' a residential area is eligrble for rosiderttial permit parking.. (b) Upon the completion of the surveys or studies, the City Engineer shall provide a written report to the Traffic Safety Committee on the subject of: (I) Eligibility of the residential area under consideration for residential permit Parking; (2) Tentative boundaries for the proposed residential permit parking area; and (3) Appropriate area probibitiOn or time limitation on parking and the period of the day for its application. (c) The Traffic Safety Cpittee Mall review the report and its findings and subsequently make a recommendation tion to the City Council to approve or deny the proposed Residential Parking ,Permit District. The City Council at the next possible Council meeting following the Traffic Safety Committee meeting may set a date for a public hearing on theeblishment of the proposed Residential Permit Parking District. (d) The Clerk shall „ease notice of such hearing to be published twice in a local newspaper Of general circulation in the city. The first publication shall be not less than ten daytkprkirtethe date of such hearing. .(e) T City Engineer shall cause notice of such hearing to be posted conspicuously, at not more . than one hundred foot intervals and at all street intersections, in the proposed reaidentia1 permit parking area. (f) The notice shall clearly state the purpose of the hearing; the location and date and time of the hearing; the tentative boundaries of the proposed residential permit parking area; and that any interested person shall be entitled to appear and be heard. CITY OF NATIONAL CITY 188 of 449 CITY COUNCIL POLICY TITLE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 ADOPTED: August 23, 1994 AMENDED OR REVISED: Page5of9 SECTION 5. Public Hearing (a) At the public hearing, the City Council. tray review the written reports, surveys and ,studies, -take publia: testimony and -determine. whether the proposed Rdsi ial:Permit Parking •District is justified. and 'desired by the residents within the hOundazies of the district and the immediate neighborhood. The City Council may then designate by resolution the new Residential Pennit Parking DistOct and :direct --the City Engineer to cause the appropriate signing of the.District per Section 7. SECTION 6. Issuance of Permits (a) The City Engineer is hereby authorized <arid directed to issue, 'upon proper written application therefore, a parking permit. .Each such( pewit shall list the license number of the motor vehicle for which it is issued, and the date when it was issued. No more than one parking pest shall be issued to';$aci,motor vehicle for which application is made. The City Engineer is authorized to *sue such tides and regulations, not inconsistent with this policy statement, governing the inanner in which persons shall qualify for parking permits; (b) Parking permits may issued for motor vehicles only upon application of the following persons; (1) A leiresident of the residential ar permit p p area who has a motor vehicle registered iutiihis/her name, or who has a motor vehicle for his/her exclusive use anil under his/her control; ,. (2) A;person who owns or leases commercial property and actively engages in business activity within a residential permit parking area. However, no more than oneparking permit may be issued for each business establishment for a motor vehicle registered to or under the control of such a person. (c) Proof of residency shall be demonstrated by providing rent or utility receipts or other such documents that verifies residency to the satisfaction of the City Engineer. CITY OF NATIONAL CITY 189 of 449 ( CITY COUNCIL POLICY TITLE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 ADOPTED: August 23,1994 AMENDED OR REVISED: Page 6of9 (d) Proof of motor vehicle ownership or vehicle use and control shall be demonstrated by providing a valid vehicle registration card and a valid drivers .licei . (e).•Tempnrary residential parking permits gray be issued.for vehicles which are:.. (1) Owned, rented or under the•oper-ational controlof any person who owns or - leasesproperty in 'the residential permit area, or (2) used in providing services to persons or property in the residential permit area..Temporary residential parking permits may also be issued to vehicles owned by temporary visitors who are residing in the residential permit parking area, Such temporary residential parking permits shall have all of the rights and privileges of a regular permit. A temporary parking permit shall be validfor no more -than fourteen days from the date of issuance. No resident of a residential permit parking area shall be issued more than two temporary parking permit at one time. A temporary residential parkinog permit issued to a vehicle :provid g services or to vehicles owned by temp orary rary visitors shall be ,considered to be a temporary P arS' permit issued to the resident of the property'where the services are provided or the temporary visitors are residing. (#) Long-term visitor parking.pennits may be issued to residents, of a permit district who require regular service or care over a long period of time. The resident must establish the need for "a long -tarn permit by indicating a disability or a hardship situation that requires regular` at home are or some other assistance for a period of more than two weeks. A resident 'shall be Limited to one such long-term visitor permit which may be transferable .to the vehicles of multiple care or service providers. Each care or service provider sbail register their vehicle(s) with the eer Engin n g Department. The long-term permit shall be valid for one year after the date of issuance. Long-term visitor parking permits issued per this paragraph shall be counted against the permit limits of paragraph (g)• (g) The number of permits issued to any one address in a residential area shall be limited to the number of curbside spaces along the property frontage or two, whichever is greater. Non -single family residential addresses shall be Iimited to two permits. The determination of the number of spaces along the property frontage shall be made by the City Engineer. CITY OF NATIONAL CITY 190 of 449 CITY COUNCIL POLICY TITLE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY •- 7 NUMBER: 710 ADOPTED: August 23, 1994 AMENDED OR REVISED: Page 7 of 9 SECT.EON 7. Posting of Residential Permit Parking Area Upon• adoption by the City Council of a resolution. designating a residential permit parking yea, the City -Engineer pursuant to Title If .vf.:the-,Code-shalt ca • appropriate - : -signs to be erected in the area indicating,- prominently, thereon the area prohibition or time limitation, period of the day -for -its application, acid conditions under which permit parking shall be exempt therefrom: SECTION 8. Display of Permits Permits shall be displayed in a manner determined by the Chief of Police. SECTION 9. Permit Parking Exemptions A resident motor vehicle or transient motor vehicle on which is displayed a valid parking permit as provided for herein shall be permitted to stand or be parked in a residential pit parking area without being limited by time restrictions er area prohibitions established pursuant to this policy. Said resident motor vehicle or transient motor vehicle shall not be exempt from parking restrictions or prohibitions established pursuant to an authority other than this policy. All other motor vehicles other than vehicles specified in Title II of the Code and vehicles where the operator or the passenger being transported by said vehicle displays a license issued under the provisions of Section 22511.5 of the California Vehicle Code, parked within a residential permit parking area shall be subject to the time restrictions or area prohibitions adopted as provided in this policy, as well as the penalties provided for herein. A residential parking permit shall not guarantee or reserve to the holder thereof an on - street parking space within the designated residential permit parking area. SECTION 10. Application for and Duration of Permit Each pricing permit issued by the City Engineer shall be valid for not more than one year from the date of issuance. Permits shall expire on the last day of the anniversary of the formation of the area in such manner as may be required month Each application or reapplication for a parkingrequired by the City Engineer. to identify the applicant, his residence address r address of l contain information sufficientP ply owned or CITY OF NATIONAL CITY 191 of 449 CITY COUNCIL PO]LIC,Y TITLE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 ADOPTED; August 23,1994 AMENDED OR 1tEVISED: APIVEIW Page8of9 leased within a residential permit parking area, and the license number of the motor vehicle for which application is made, and such other information that may be deemed relevant by the City Engineer. SECTION 11. Permit Fees (a) The annual renewal- fee for a residential parking permit shall be $10.00 and shall be revised byresolution at such time when user fees in general are -updated. (b) The fee for a temporary residential parking permit shall be two dollars ($2.00). SECTION 12. Penalty Provisions (a) It shall be unlawful and a violation of this policy unless expressly provided to the contrary herein, for any person to stand or park a motor vehicle for a period exceeding the time limitation or in violation of the area Prolulition established pursuant hereto. Said violation shall be an infraction punishable in accordance with the provisions of Title II of the Code, (b) It shall be unlawful and a violation of this policy for a person to falsely represent himself as eligible for a parking permit or to furnish false information in an application therefore; (c) It shall be unlawful and a violation oft is policy for a person holding a valid parking permit issued pursuant hereto to permit the use or display of such permit on a motor vehicle other than that for which the permit is used. Such conduct shall constitute an unlawful act and violation of this policy both by the person holding the valid parking permit and the person who uses or displays the permit on a motor vehicle other than that for which it is issued; (d) It shall be unlawful and a violation of this policy for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit or permits without written authorization from the City Engineer or designate. It shall further be unlawful and a violation of this policy for a person to knowingly use or CITY OF NATIONAL CITY 192 of 449 CITY COUNCIL POLICY 111 LE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY ADOPTED: August 23, 1994 NUMBER: 710 AMENDED OR REVISED: Page 9 of 9 display a facsimile or counterfeit parking permit in order to evade area prohibitions 07 time limitations on paging applicable in a residential permit parking area. A violation of this subsection shall be a misdemeanor punishable in accordance with the provisions of Section 11.12 of the Code: SECTION 13. Revocation of Permit The City Engineer or designate is authorized to revoke the residential parking permit of any person found to be in violation of this policy and, upon written notification thereof, the person shall surrender such permit to the City Engineer. Failure when so requested to surrender a residential parking permit so revoked shall constitute a violation of law and of this policy. SECTION 14. Severability The provisions of this policy area severable and if any provisions, clause, sentence, subsection, word or part thereof is held illegal, ' invalid, or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentence, subsections, sections, words or parts of the policy or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this policy would have been adopted if such illegal, invalid, or unconstitutional provision, elapse, sentence, subsection, section, word or part had not been included therein, or if such person or circumstance to which the policy or part thereof is held inapplicable had been specifically exempted theref&onr. SECTION 15.. Sunset Provision and Removal of Designation. (a) Each residential permit parking area may be re-evaluated for eligibility 2 years after the date of designation and every 2 years thereafter. The City Engineer shall apply the same criteria as provided in Section 3 to determine if the area is still eligible for the designation. (b) The designation process set forth in this policy statement shall be utilized by the City Engineer and the City Council in determining whether to remove a designation as a residential permit parking area from a particular residential area or portion thereof. CITY OF NATIONAL CITY 193 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 194 The following page(s) contain the backup material for Agenda Item: Public Hearing — Consider approval of ordinances adopting the 2019 California Fire Code and the National Fire Protection Association Standards; the 2019 California Building Code and amending Chapter 15.08.075 of National City Municipal Code pertaining to City Council authority under Title 15; the 2019 California Electrical Code and 2017 National Electrical Code; the 2019 California Energy Code; Appendix J of the 2019 California Building Code, and Amending Chapter 15.70 (Grading) of the National City Municipal Code; the 2019 California Green Code; the 2019 California Mechanical Code; the 2019 California Plumbing Code; and the 2019 California Residential Code; and all Appendices related to these Codes. Please scroll down to view the backup material. 194 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 261.9 AGENDA ITEM NO. ITEM TITLE: Public Hearing — Consider approval of ordinances adopting the 2019 California Fire Code and the National Fire Protection Association Standards; the 2019 California Building Code and amending Chapter 15.08.075 of National City Municipal Code pertaining to City Council authority under Title 15; the 2019 California Electrical Code and 2017 National Electrical Code; the 2019 California Energy Code; Appendix J of the 2019 California Building Code, and Amending Chapter 15.70 (Grading) of the National City Municipal Code; the 2019 California Green Code; the 2019 California Mechanical Code; the 2019 California Plumbing Code; and the 2019 California Residential Code; and all Appendices related to these Codes. DEPARTMENTS: Building PREPARED BY: Luis Sainz (ext. 4214) Engineer' Public Wks Roberto Yano (ext. 4383) Fire' Robert Hernandez (ext. 4552) APPROVED BY: .. EXPLANATION: Please see attached staff report. 2 FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Hold public hearing. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff report. 9 STAFF REPORT The purpose of this public hearing is to consider the approval of ordinances adopting the 2019 California Fire Code; the 2019 California Building Code; the 2019 California Electrical code and 2017 National Electrical Code; the 2019 California Energy Code; Appendix J of the 2019 California Building Code, and Amending Chapter 15.70 (Grading) of the National City Municipal Code; the 2019 California Green Code; the 2019 California Mechanical Code; the 2019 California Plumbing Code; and the 2019 California Residential Code and all Appendices related to these Codes. Adoption of these model coeds by reference is authorized by Government Code Sections 50022.2 through 50022.4, and Section 6066. State law requires that the City of National City adopt the same model codes as the State of California and limit technical amendments to those necessitated due to local topographical, geographical, or climatic conditions. Specific findings regarding local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. In order to simplify construction in National City, staff is recommending that the model codes be adopted with minimal revisions. The ordinances adopting each of these uniform codes are companion items on this agenda. Those agenda items contain an explanation of each ordinance. The ordinances will be presented for adoption at the City Council meeting on December 3, 2019. 196 of 449 ORDINANCE NO 2019 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2019 CALIFORNIA FIRE CODE AND THE APPENDICES THERETO, ADOPTING THE 2019 CALIFORNIA BUILDING STANDARDS CODE (TITLE 24, PART 9 OF THE CALIFORNIA CODE OF REGULATIONS), ADOPTING THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS, AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2019 California Fire Code, the 2019 California Building Standards Code (Title 24, Part 9 of the California Code of Regulations), the Appendices thereto, and the National Fire Protection Association Standards except as amended in Chapter 15.28 of the National City Municipal Code. Section 2. The City Council finds that, consistent with their findings adopted in 2013 under Ordinance No. 2013-2387, which findings are incorporated herein by reference, the amendments being made in this Chapter 15.28 are reasonably necessary because of local climatic, geological, or topographical conditions: namely, that the age of structures, separation and density create an increased risk of conflagration meriting more stringent standards. A copy of this ordinance shall be filed with the Office of the State Fire Marshal and the State Building Standards Commission. This action is taken pursuant to Health and Safety Code sections 17958.7 and 18941.5. Section 3. The City Council of the City of National City hereby amends and deletes certain sections of the 2019 California Fire Code, based on local climatic, topographic or geological conditions that justify deviating from that Code. Section 4. The City Council of the City of National City hereby amends Title 15, Chapter 15.28 of the National City Municipal Code to read as follows: CHAPTER 15.28 CALIFORNIA FIRE CODE Sections: 15.28.002 Findings and declarations. 15.28.010 2019 California Fire Code — Adopted and amended. 15.28.020 Establishment and duties of fire prevention bureau. 15.28.030 Definitions. 15.28.035 Chapter 55 "Cryogenic Fluids," Section 5504 "Storage," Subsection 5504.3 "Outdoor storage" — Amended. 197 of 449 15.28.040 Chapter 57 "Flammable and Copmbustible Liquids," Section 5704 "Storage," Subsections 5704.2.9.6.1 and 5706.2.4.4 "Locations where above -ground tanks are prohibited" — Amended. 15.28.050 Chapter 61 "Liquefied Petroleum Gases," Section 6104 Location of LP - Gas Containers," Subsection 6104.2 "Maximum capacity within established limits" — Amended. 15.28.060 Chapter 56 "Explosives and Fireworks," Section 5601 General" — Amended. 15.28.070 (Reserved) 15.28.080 Chapter 1 "Scope and Administration," Division II "Administration," Section 102.7 "Referenced Codes and Standards" — Amended. 15.28.085 Chapter 3 "General Requirements," Section 307 "Open Burning, Recreational Fires and Portable Outdoor Fireplaces, Subsection 307.4.1 "Bonfires" — Amended. 15.28.090 Chapter 3 "General Requirements," Section 307 "Open Burning, Recreational Fires and Portable Outdoor Fireplaces," Subsection 307.4.2 "Recreational Fires" — Amended. 15.28.100 Chapter 10 "Means of Egress," Section 1013 "Exit Signs," Subsection 1013.6.1 "Graphics" — Amended. 15.28.110 Chapter 57 "Flammable and Combustible Liquids," Section 5704 "Storage," Subsection 5704.3.3.9 "Idle Combustible Pallets" — Amended. 15.28.120 Chapter 5 "Fire Service Features," Section 503 "Fire Apparatus Access Roads," Subsection 503.2.7 "Grade," and Appendix Section D103.2 "Minimum Specifications," Subsection D103.2 "Grade" — Amended. 15.28.130 Chapter 5 "Fire Service Features," Section 503 "Fire Apparatus Access Roads," Subsection 503.6 "Security gates" — Amended. 15.28.140 Chapter 1 "Scope and Administration," Division II "Administration," Section 109, "Board of Appeals", Subsection 109.1, "Board of Appeals established" - Amended 15.28.150 15.28.160. New materials, processes or occupancies, which may require permits. Chapter 1 "Scope and Administration," Division II "Administration," Section 105 "Permits," Subsection 105.3.1 "Expiration" - Amended 15.28.170 Penalties. 15.28.002 Findings and declarations. The City Council of the City of National City, does specifically and expressly find and declare that the nature and uniqueness of the dry Southern California climate, and the geographical and topographical conditions in the City of National City do reasonably necessitate and demand specific changes in and variations from the 2019 California Fire Code, which are noted in and made part of this chapter as authorized by Health and Safety Code Sections 17958.7 and 18941.5. These conditions result from the age and concentration of structures and the increased risk of conflagration spread as a result. Ordinance No. 2019- 2 Aopted: Amending NCMC Chapter 15.28 2019 Fire Code 198 of 449 15.28.010 2019 California Fire Code — Adopted and amended. There is adopted by the City Council of the City of National City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion and establishing a fire prevention bureau, the 2019 California Fire Code, and the appendices thereto, including both Administration Divisions I and II, published by the International Code Council and the California Building Standards Commission, and the National Fire Protection Association Standards (current edition) published by the National Fire Protection Association, save and except such portions as are hereinafter deleted, added, or amended. Within this chapter, those codes may be collectively referred to as the California Fire Code. One copy of this adopted code is on file in the office of the fire marshal of the City of National City. The code is adopted and incorporated as fully as if set out as length herein, and from the date on which this chapter shall take effect, shall be controlling within the limits of the City of National City. 15.28.020 Establishment and duties of fire prevention bureau. A. The California Fire Code shall be enforced by the fire prevention bureau in the fire department in the City of National City, which is established and shall be operated under the supervision of the chief of the fire department. B. The battalion chief/fire marshal in charge of the fire prevention bureau shall be appointed by the chief of the fire department of the City of National City. C. The director of emergency services may detail members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager of National City the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the same position. 15.28.030 Definitions. A. The word "jurisdiction" used in the 2019 California Fire Code means the City of National City. B. Whenever the words "chief of the bureau of fire prevention" are used in the California Fire Code, they shall be held to mean the fire marshal of the City of National City. C. Where reference to the Uniform Building Code, or Building Code, or any Nationally Recognized Standard is made, it means the currently adopted edition. D. Where the word "Administrator" is used in the California Fire Code, it shall be held to mean the city council of the City of National City. Whenever the term "City" is used, it means the City of National City. E. Where the term "corporation counsel" is used in the California Fire Code, it shall be held to mean the city attorney for the City of National City. F. "Fire authority having jurisdiction (FAHJ)" means the designated entity providing enforcement of fire regulations as they relate to planning, construction, and development. This entity may also provide fire suppression and other emergency services. G. Whenever the term "this code" is used, it means the 2019 California Fire Code as modified by the City of National City with the deletions, amendments, and additions contained in this chapter. H. Whenever the terms "chief", "fire chief", "chief of the fire department" are used, they mean the "director of the department of emergency services". Ordinance No. 2019- 3 Aopted: Amending NCMC Chapter 15.28 2019 Fire Code 199 of 449 15.28.035 Chapter 55 "Cryogenic Fluids," Section 5504 "Storage," Subsection 5504.3 "Outdoor storage" — Amended. Subsection 5504.3 of the 2019 California Fire Code is amended to read as follows: 5504.3 The Establishment of Limits for Storage of Flammable Cryogenic Fluids. The storage of flammable cryogenic fluids is prohibited in all areas within the City limits of National City, except within the following zones as established by the National City Land Use Code: MM and IM; Medium Manufacturing; MH and IH; Heavy Manufacturing; MT —Tidelands Manufacturing. 15.28.040 Chapter 57 "Flammable and Combustible Liquids," Section 5704 "Storage," Subsections 5704.2.9.6.1 and 5706.2.4.4 "Locations where above -ground tanks are prohibited" — Amended. Subsections 5704.2.9.6.1 and 5706.2.4.4 of the 2019 California Fire Code are amended to read as follows: 5704.2.9.6.1, 5706.2.4.4 All areas within the city limits of the City of National City except for those areas zoned commercial or manufacturing, as established, defined, and set under the zoning regulations in Title 18 of the National City Municipal Code. 15.28.050 Chapter 61 "Liquefied Petroleum Gases," Section 6104 "Location of LP - Gas Containers" Subsection 6104.2 "Maximum capacity within established limits" — Amended. Subsection 6104.2 of the 2019 California Fire Code is amended to read as follows: 6104.2 All areas within the city limits of the City of National City, except for those areas zoned commercial or manufacturing, as established, defined, and set under zoning regulations in Title 18 of the National City Municipal Code. 15.28.060 Chapter 56 "Explosives and Forewoks," Section 5601 — Amended. Section 5601 of the 2019 California Fire Code is amended to read as follows: 5601 The permanent storage of explosives and/or fireworks shall be strictly prohibited within the city limits of the City of National City. Temporary storage may be allowed, by permit, during setup for excavation, demonstration, or other use, when in the opinion of the fire marshal, there are significant measures in place to ensure public safety. 15.28.070 (Reserved) 15.28.080 Chapter 1 "Scope and Administration," Division II "Administration," Subsection 102.7 "Referenced Codes" and Standards" — Amended. Subsection 102.7 of the 2019 California Fire Code is amended to read as follows: 102.7 The codes, standards, and publications adopted and set forth in this code, including other codes, standards and publications referred to therein are, by title and their most current edition, hereby adopted as standard reference Ordinance No. 2019- 4 Aopted: Amending NCMC Chapter 15.28 2019 Fire Code 200 of 449 documents of this code. When this code does not specifically cover any subject related to building design and construction, recognized fire engineering practices shall be employed. The National Fire Codes and the Fire Protection Handbook of the National Fire Protection Association are permitted to be used as authoritative guides in determining recognized fire -prevention engineering practices. 15.28.085 Chapter 3 "General Requirements," Section 307 "Open Burning, Recreational Fires and Portbale Outdoor Fireplaces," Subsection 307.4.1 "Bonfires" — Amended. Subsection 307.4.1 of the 2019 California Fire Code is amended to read as follows: 307.4.1 Bonfires. Bonfires are strictly prohibited within the City Limits. 15.28.090 Chapter 3 "General Requirements," Section 307 "Open Burning, Recreational Fires and Portable Outdoor Fireplaces," Subsection 307.4.2 "Recreational Fires" — Amended. Subsection 307.4.2 of the 2019 California Fire Code is amended to read as follows: 307.4.2 Recreational Fires. Recreational Fires are strictly prohibited within the City limits. 15.28.100 Chapter 10 "Means of Egress," Section 1013 "Exit Signs," Subsection 1013.6.1 "Graphics" — Amended. Subsection 1013.6.1 of the 2019 California Fire Code is amended to read as follows: 1013.6.1 Graphics. Every exit sign and directional exit sign shall have plainly legible letters not less than 6 inches (152 mm) high with the principal strokes of the letters not less than 0.75 inch (19.1 mm) wide. The word "EXIT" shall have letters having a width not less than 2 inches (51 mm) wide, except the letter "I," and the minimum spacing between letters shall not be less than 0.375 inch (9.5 mm). Signs larger than the minimum established in this section shall have letter widths, strokes, and spacing in proportion to the height. The word "EXIT" shall be green in color and in high contrast with the background and shall be clearly discernible when the means of exit sign illumination is or is not energized. If a chevron directional indicator is provided as part of the exit sign, it shall be green in color, the construction shall be such that the direction of the chevron directional indicator cannot be readily changed. 15.28.110 Chapter 57 "Flammable and Combustible Liquids," Section 5704 "Storage," Subsection 5704.3.3.9 "Idle Combustible Pallets" — Amended. Subsection 5704.3.3.9 of the 2019 California Fire Code is amended to read as follows: 5704.3.3.9 Idle Combustible Pallets. The storage of empty wooden or plastic pallets is prohibited, except as follows: 1. Outdoor Storage. Pallets may be stored outside of a building or in a detached building. Pallets shall not be stacked closer than 5 feet from any building. Ordinance No. 2019- 5 Aopted: Amending NCMC Chapter 15.28 2019 Fire Code 201 of 449 2. Indoor Storage. Pallets shall not be stored indoors unless the premises are protected with an automatic fire sprinkler system in accordance with NFPA Standard 13, section titled Protection of Idle Pallets, except when both of the following conditions are met: a. Pallets are stored no higher than 6 feet. b. Each pallet pile of no more than 4 stacks shall be separated from other pallet piles by at least 8 feet of clear space and 25 feet from any commodity. 15.28.120 Chapter 5 "Fire Service Features," Section 503 "Fire Apparatus Access Roads," Subsection 503.2.7 "Grade," and Appendix Section D103.2 "Minimum Specifications," Subsection D103.2 "Grade" — Amended. Subsection 503.2.7 and Appendix Subsection D103.2 of the 2019 California Fire Code are amended to read as follows: 503.2.7 and Appendix Subsection D103.2 Grade. The maximum permitted gradient for a fire apparatus access road shall not exceed 15%. 15.28.130 Chapter 5 "Fire Service Features," Section 503 "Fire Apparatus Access Roads," Subsection 503.6 "Security Gates" — Amended. Subsection 503.6 of the 2019 California Fire Code is amended as follows: 503.6 All gates or other structures or devices which could obstruct fire access roadways or otherwise hinder emergency operations are prohibited unless they meet standards approved by the Chief, and receive Specific Plan Approval. All automatic gates across fire access roadways and driveways shall be equipped with an approved key -operated switches overriding all command functions and opening the gate(s). Gates accessing more than four residences or residential lots, or gates accessing hazardous institutional, educational or assembly occupancy group structures, shall also be equipped with an approved emergency traffic control -activating strobe light sensor(s), or other devices approved by the Chief, which will activate the gate on the approach of emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure. All automatic gates must meet fire department policies deemed necessary by the Chief for rapid, reliable access. 15.28.140 Chapter 1 "Scope and Administration," Division II "Administration," Section 109, "Board of Appeals", Section 109.1, "Board of Appeals established" - Amended. Subsection 109.1 of the 2019 California Fire Code is amended as follows: 109.1 In order to hear and decide appeals of orders, decisions, or determinations made by the Fire Marshal relative to the application and interpretation of this code, the City Council shall appoint an ad hoc Board of Appeals consisting of three (3) members who are qualified by experience and training to pass judgment on matters pertaining to hazards of fire, explosions, hazardous conditions and/or fire protection systems, and are not employees of the City. Board members shall serve at the pleasure Ordinance No. 2019- 6 Aopted: Amending NCMC Chapter 15.28 2019 Fire Code 202 of 449 of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their business, and shall render written decisions and findings to the appellant with a copy to the Fire Marshal. The Fire Marshal shall take immediate action in accordance with the decision of the Board, unless such decision is appealed to the City Council. Decisions of the board may be appealed to the City Council by the appellant or by the Fire Marshal within thirty (30) days of the decision of the Board, by the filing of a written notice of appeal with the Director of Emergency Services stating the reasons for the appeal. The person filing the appeal and the opposing party shall be given at least ten (10) days' written notice of the time and place of the hearing on the appeal. 15.28.150 New materials, processes or occupancies, which may require permits. The building and safety director, the chief of the fire department and the fire marshal shall act as a committee to determine and specify, after giving effected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in said code. The fire marshal shall post such list in a conspicuous place in his/her office and distribute copies thereof to interested parties. 15.28.160 Chapter 1 "Scope and Administration," Division II "Administration," Section 105 "Permits," Subsection 105.3.1 "Expiration" - Amended. Subsection 105.3.1 of the 2019 Fire Code is amended as follows: 105.3.1 Expiration. Every permit issued by the Fire Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within twelve calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Fire Authority Having Jurisdiction within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection of work by the Fire Authority Having Jurisdiction within each six-month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used is in the initial plan check; Ordinance No. 2019- 7 Aopted: Amending NCMC Chapter 15.28 2019 Fire Code 203 of 449 D. A fee equal to one-half the amount required for a new permit is paid; E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one -quarter the amount required for a new permit shall be paid; and D. A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewal permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; and C. A fee equal to the full amount required for a new permit is paid except that where the Fire Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with subsection 15.28.160(3) shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of subsections A., B., and C., as stated in subsection 15.28.160(3), are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permitee may apply for an extension of time within which work under that permit may be continued when, for good and satisfactory reasons as determined by the Fire Authority Having Jurisdiction in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.28.160. The Fire Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Ordinance No. 2019- 8 Aopted: Amending NCMC Chapter 15.28 2019 Fire Code 204 of 449 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.28.170 Penalties. Any person who shall violate any of the provisions of the 2019 California Fire Code adopted or any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved is guilty of a misdemeanor. PASSED and ADOPTED this day of , 2019. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Alejandra Sotelo-Solis, Mayor Ordinance No. 2019- 9 Aopted: Amending NCMC Chapter 15.28 2019 Fire Code 205 of 449 ORDINANCE NO. 2019 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING VOLUMES I AND II AND APPENDICES B, C, D, F, G, H, I , J, K, L, M, N AND 0 OF THE 2019 CALIFORNIA BUILDING CODE, AMENDING CERTAIN SECTIONS OF THAT CODE, AND AMENDING CHAPTER 15.08 OF THE NATIONAL CITY MUNICIPAL CODE Section 1. The City Council of the City of National City hereby adopts Volumes I and II, and Appendices B, C, D, F, G, H, I, J, K, L, M, N AND 0 of the 2019 California Building Code, except as amended in Chapter 15.08 of the National City Municipal Code. Section 2. The City Council of the City of National City consistent, with their findings adopted in 2013 under Ordinance No. 2013-2392, which are incorporated herein by reference, hereby deletes, adds, or modifies certain provisions of the 2019 California Building Code based on local climatic, topographic, or geological conditions that justify deviating from that code. Section 3. The City Council of the City of National City amends Chapter 15.08 of the National City Municipal Code to read as follows: CHAPTER 15.08 CALIFORNIA BUILDING CODE Sections: 15.08.010 2019 California Building Code — Adopted. 15.08.020 Chapter 2, Definitions — Amended. 15.08.025 Chapter 1, Division II, Section 104 "Duties and Powers of Building Official", Subsection 104.6 "Right of entry" — Amended. 15.08.030 Chapter 1, Division II, Section 105 "Permits", Subsection 105.2 "Work exempt from permit — Building" — Amended. 15.08.040 Chapter 1, Division II, Section 105 "Permits", Subsection 105.5 "Expiration" — Amended. 15.08.045 Chapter 1, Division II, Section 105 "Permits", Subsection 105.7 "Placement of permit" — Amended. 15.08.050 Chapter 1, Division II, Section 105 "Permits", Subsection 105.8 "Permit denial" — Added. 15.08.055 Chapter 1, Division II, Section 109 "Fees", Subsection 109.2 "Schedule of permit fees" — Amended. 15.08.056 Chapter 1, Division II, Section 109 "Fees," Subsection 109.7 "Plan review fees" - Added. 15.08.060 Chapter 1, DIVISION II, Section 109 "Fees", Subsection 109.4 "Work commencing before permit issuance" — Amended. 206 of 449 15.08.065 Chapter 1, DIVISION II, Section 110 "Inspections", Subsection 110.3.8.1 "Reinspections" — Added. 15.08.070 Chapter 1, DIVISION II, Section 111 "Certificate of Occupancy", Subsection 111.3 "Temporary occupancy" — Amended. 15.08.075 Chapter 1, DIVISION II, Section 113 "Board of Appeals", Subsection 113.1 "General" — Amended. 15.08.080 Chapter 1, DIVISION II, Section 114 "Violations", Subsection 114.1 "Unlawful acts" — Amended. 15.08.085 Section 501 "General", Subsection 501.2 "Address identification" — Amended. 15.08.087 15.08.090 Survey required Table 1505.1 "Minimum roof covering classification for types of construction" — Amended. 15.08.092 Chapter 18, Division II, Section 1803 "Geotechnical Investigations" Subsection 1803.1.1.1 — Added. 15.08.093 Chapter 31, Division II, Section 3109 Swimming Pool Enclosures and Safety Devices, Subsection 3109.4.4.8 "Construction requirements for building a pool or spa" — Amended. 15.08.095 Appendix Chapters B, C, D, F, G, H, I, J, K, L, M, N and 0 — Adopted. 15.08.010 2019 California Building Code — Adopted. The City Council adopts, for the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area, fire resistance and maintenance of all buildings and/or structures, Volumes I and II of the 2019 California Building Code, including both Administration Divisions I and II, published in the California Building Standards Commission 2019 Edition, based on the International Building Code 2018 Edition, California Code of Regulations, Title 24, Part 2, Part 2.5 of Division 13 of the California Health and Safety Code beginning with section 18901, and Appendices B, C, D, F, G, H, I, J, K, L, M, N and 0, save and except such portions as are deleted, added, or modified. The City Council does specifically and expressly find and declare that the nature and uniqueness of the dry Southern California climate, and the geographical and topographical conditions in the City of National City, including the age and concentration of structures, and differences in elevation throughout the City, do reasonably necessitate and demand changes in and variations from the 2019 California Building Code. Copies of all the codes are filed in the office of the building official and are adopted and incorporated as fully set out in this chapter, and the provisions thereof shall be controlling within the city limits. 15.08.020 Chapter 2, Definitions — Amended. Section 202 "Building, Existing" of the 2019 California Building Code is amended by amending the following definition: Ordinance No. 2019 - 2 Amending NCMC Chapter 15.08 Adopted: Adopting 2019 Building Code 207 of 449 202 Building, Existing. An "existing building" is a building erected prior to the adoption of the 2019 California Building Code, or one for which a legal building permit has been issued. If more than fifty -percent of a structural roof or more than fifty -percent of all exterior walls are removed as part of a project, the building is not an existing building. 15.08.025 Chapter 1, Division II, Section 104 "Duties and Powers of Building Official", Subsection 104.6 "Right of entry" — Amended. Subsection 104.6 of the 2019 California Building Code is amended to read as follows: 104.6 Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists a condition that makes such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction, or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.08.030 Chapter 1, Division II, Section 105 "Permits," Subsection 105.2 "Work exempt from permit — Building" — Amended. Subsection 105.2 Building: Item 4 of the 2019 California Building Code is amended to read as follows: (Items 1 — 3 unchanged) 4. Permits for retaining walls shall be as specified in the National City Municipal Code, Chapter 15.70. (Items 5 — 13 unchanged) Subsection 105.2 "Work exempt from permit - Building" of the 2019 California Building Code is amended by adding the following Subsections 14 through 17: 14. Playground, gymnastic and similar equipment and structures used for recreation and athletic activities accessory to Group R Division 3 structures. 15. Repairs to lawfully existing Group R Division 3 structures and Group U occupancy structures accessory to Group R Division 3 structures constructed pursuant to a building permit which involves only the replacement of component parts or existing work completed with similar materials only for the purpose of maintenance and do not affect any structural components or plumbing, mechanical or electrical installations. Repairs exempt from permit requirements shall not include any addition, change, or modification in construction, exit facilities or permanent fixtures or equipment. Specifically exempt from permit requirements are: 1) Painting and decorating including refinishing of exterior stucco finishes. 2) Installation of floor covering. Ordinance No. 2019 - 3 Amending NCMC Chapter 15.08 Adopted: Adopting 2019 Building Code 208 of 449 public right-o in diameter diameter. wall signs. 3) Cabinet work. 4) Outside paving on private property not within the f-way. 16. Ground mounted satellite antennas not exceeding ten feet and roof mounted satellite antennas not exceeding eight feet in 17. Painted wall signs and styrofoam or other foam mounted 15.08.040 Chapter 1, Division II, Section 105 "Permits", Subsection 105.5 "Expiration" — Amended. Subsection 105.5 of the 2019 California Building Code is amended to read as follows: 105.5 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within twelve calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Authority Having Jurisdiction within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each six-month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first twelve calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; and E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check Ordinance No. 2019 - 4 Amending NCMC Chapter 15.08 Adopted: Adopting 2019 Building Code 209 of 449 fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; and D. A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewal permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; and C. A fee equal to the full amount required for a new permit is paid except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with subsection 15.08.040(3) shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of Subsections A., B., and C., as stated in subsection 15.08.040(3), are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when, for good and satisfactory reasons as determined by the Authority Having Jurisdiction in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.08.040. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. Ordinance No. 2019 - 5 Amending NCMC Chapter 15.08 Adopted: Adopting 2019 Building Code 210 of 449 15.08.045 Chapter 1, Division II, Section 105 "Permits", Subsection 105.7 "Placement of permit" — Amended. Subsection 105.7 of the 2019 California Building Code is amended to read as follows: 105.7 Placement of permit. The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official. 15.08.050 Chapter 1, Division II, Section 105 "Permits", Subsection 105.8 "Permit denial" — Added. Subsection 105.8 is added to the 2019 California Building Code to read as follows: 105.8 Permit denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.08.055 Chapter 1, Division II, Section 109 "Fees", Subsection 109.2 "Schedule of permit fees" — Amended. Subsection 109.2 of the 2019 California Building Code is amended to read as follows: 109.2 Schedule of permit fees. Permit fees, including plan review fees, shall be assessed in accordance with the current City of National City Fee Schedule. 15.08.056 Chapter 1, Division II, Section 109 "Fees," Subsection 109.7 "Plan review fees " — Added. Subsection 109.7 is added to the 2019 California Building Code to read as follows: 109.7 Plan review fees. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged in accordance with the current City of National City Fee Schedule. 15.08.060 Chapter 1, DIVISION II, Section 109 "Fees", Subsection 109.4 "Work commencing before permit issuance" — Amended. Subsection 109.4 of the 2019 California Building Code is amended to read as follows: 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative Ordinance No. 2019 - 6 Amending NCMC Chapter 15.08 Adopted: Adopting 2019 Building Code 211 of 449 penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 15.08.065 Chapter 1, DIVISION II, Section 110 "Inspections", Subsection 110.3.8.1 "Re -inspections" — Added. Subsection 110.3.8.1 is added to the 2019 California Building Code to read as follows: 110.3.8.1 Re -inspections. A re -inspection fee may be assessed for each inspection or re -inspection when any of the following occurs: 1. The portion of work for which the inspection was called is not complete or the corrections previously required and called for are not made; 2. Calling for an inspection before the job is ready for such inspection or re -inspection; 3. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 4. Failure to provide access on the date for which the inspection is requested; or 5. Deviating from the approved plans when such deviation or change required approval of the building official. To obtain a re -inspection, the permittee shall file an application in writing on a form provided for that purpose and pay the re -inspection fee in accordance with the current City of National City Fee Schedule. In instances where a re - inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.08.070 Chapter 1, DIVISION II, Section 111 "Certificate of Occupancy", Subsection 111.3 "Temporary occupancy" — Amended. Subsection 111.3 of the 2019 California Building Code is amended to read as follows: 111.3 Temporary Certificate of Occupancy. Where a project or a major portion thereof is substantially complete and can be safely occupied, but practical difficulties delay completion of work, the building official may issue a Temporary Certificate of Occupancy for the use of a portion or portions of the building or structure prior to the completion of the entire project. Prior to issuance of a Temporary Certificate of Occupancy, the premises shall be inspected by all affected city departments who shall prepare a list of work required to be completed and shall forward the list along with a recommendation for approval or disapproval of the issuance of a Temporary Certificate of Occupancy to the building official. Upon receipt of a recommendation for approval from all affected City departments, the building official may prepare a Temporary Certificate of Occupancy granting temporary occupancy that shall include the following: 1. Work yet to be completed; 2. Maximum time allotted for completion of said work; Ordinance No. 2019 - 7 Amending NCMC Chapter 15.08 Adopted: Adopting 2019 Building Code 212 of 449 3. Property owner's signature and the signature of the contractor agreeing to complete the work within the prescribed time or vacate the premises upon order of the building official until such work is completed; 4. Evidence that a faithful performance bond has been posted if required by any affected city department; and 5. A copy of the Temporary Certificate of Occupancy granting temporary occupancy shall be provided to all affected city departments. 15.08.075 Chapter 1, DIVISION II, Section 113 "Board of Appeals", Subsection 113.1 "General" — Amended. Subsection 113.1 of the 2019 California Building Code is amended to read as follows: 113.1 Board of Appeals. In order to hear and decide appeals of orders, decisions, or determinations of the Building Official relative to the application and interpretation of this code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the City. Board members shall serve at the pleasure of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their business, and shall render written decisions and findings to the appellant with a copy to the Building Official. Decisions of the Board may be appealed to the City Council by the appellant or by the Building Official within thirty (30) days of the decision of the Board, by the filing of a written notice of appeal with the Director of Community Development stating the reasons for the appeal. The person filing the appeal and the opposing party shall be given at least ten (10) days' written notice of the time and place of the hearing on the appeal. 15.08.080 Chapter 1, DIVISION II, Section 114 "Violations", Subsection 114.1 "Unlawful acts" — Amended. Subsection 114.1 of the 2019 California Building Code is amended to read as follows: 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.08.085 Section 501 "General", Subsection 501.2 "Address identification" — Amended. Subsection 501.2 of the 2019 California Building Code is amended to read as follows: 501.2 Address identification. Every principal building or structure within the incorporated limits of the City of National City shall be identified by a designated street number as issued by the Engineering Department. Approved numbers or addresses shall be placed on all new and existing buildings, adjacent to the principal entrance to the premises or at a point that is highly visible and legible from the street. If necessary, directional signs shall be Ordinance No. 2019 - 8 Amending NCMC Chapter 15.08 Adopted: Adopting 2019 Building Code 213 of 449 posted showing proper access to the given address from a point where the Fire Department access roadway leaves the dedicated street, to the entrance of each addressed building. All such numbers shall be Arabic numerals or alphabetical letters and shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inches (12.7mm), and shall be placed on a contrasting background. 15.08.087 Survey required. When any proposed building will be constructed up to the minimum front, side, or rear yard setback, and no monuments exist, a survey from a State of California licensed surveyor shall be requird as part of the plan review submittal. 15.08.090 Table 1505.1 "Minimum roof covering classification for types of construction" — Amended. Table 1505.1 of the 2019 California Building Code is amended to read as follows: Due to climatic and geographical conditions within the City of National City, Table 1505.1 is amended as follows: Table 1505.1 Minimum Roof Covering Classification For Types of Construction IA IB IIA IIB IIIA IIIB IV VA VB B B B B B B B B B 15.08.092 Chapter 18, Division II, Section 1803 "Geotechnical Investigations", Subsection 1803.1.1.1 — Added. Subsection 1803.1.1.1 is added to the 2019 California Building Code to read as follows: 1803.1.1.1 A geotechnical investigation shall be submitted with each application for a building permit for a new building or addition 500 square feet and larger. The investigation and report shall comply with the requirements of Section 1803. 15.08.093 Chapter 31, Division II, Section 3109 "Swimming Pools, Spas, and Hot Tubs," Subsection 3109.1 "Construction requirements for building a pool or spa" — Amended. Subsection 3109.1 of the 2019 California Building Code is amended to read as follows: 3109.1 Construction requirements for building a pool or spa. Whenever any building permit is issued and there is an existing swimming pool, toddler pool or spa, the permit shall require that the suction outlet of the existing swimming pool, toddler pool or spa be updated so as to be equipped with an anti -entrapment cover meeting current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers (ASME). Ordinance No. 2019 - 9 Amending NCMC Chapter 15.08 Adopted: Adopting 2019 Building Code 214 of 449 15.08.095 Appendix Chapters B, C, D, F, G, H, I, J, K, L, M, N and 0 — Adopted. Appendix Chapters B, C, D, F, G, H, I , J, K, L, M, N and 0 of the 2019 California Building Code are adopted. PASSED and ADOPTED this day of , 2019. Alejandra Sotelo-Solis, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angil P. Morris -Jones City Attorney Ordinance No. 2019 - 10 Amending NCMC Chapter 15.08 Adopted: Adopting 2019 Building Code 215 of 449 ORDINANCE NO. 2019 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2019 CALIFORNIA ELECTRICAL CODE, INCLUDING ANNEX H, AND THE 2017 NATIONAL ELECTRICAL CODE, AND AMENDING CERTAIN SECTIONS OF THOSE CODES, AND AMENDING CHAPTER 15.24 OF THE NATIONAL CITY MUNICIPAL CODE Section 1. The City Council of the City of National City adopts the 2019 California Electrical Code, Annex H of the 2019 California Electric Code, California Code of Regulations, Title 24, Part 3, including all Annexes, and the 2017 National Electrical Code except as amended in Chapter 15.24 of the National City Municipal Code. Section 2. The City Council of the City of National City deletes, adds, or modifies certain provisions of the 2019 California Electrical Code and Annex H of the 2019 California Building Code, consistent with their findings adopted in 2013 under Ordinance No. 2013-2386, which findings are incorporated herein by reference. Section 3. The City Council of the City of National City amends Chapter 15.24 of the National City Municipal Code to read as follows: Sections: 15.24.005 15.24.010 15.24.015 CHAPTER 15.24 CALIFORNIA ELECTRICAL CODE 2019 California Electrical Code, Annex H of the 2019 California Electrical Code and the 2017 National Electrical Code — Adopted and amended. Annex H, Administration and enforcement — Adopted and amended. Annex H, Section 80.13 "Authority", Subsection 80.13(7) "Right of entry" — Amended. 15.24.020 Annex H, Section 80.13 "Authority", Subsection 80.13(17) "Electric Fences Prohibited" — Added. 15.24.025 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(D) "Annual permits" — Deleted. 15.24.030 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(E) "Fees" — Amended. 15.24.035 Annex H, Section 80.23 "Notice of Violations, Penalties," Subsection 80.23(B)(4) "Work commencing before permit issuance" — Added 15.24.040 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(F) "Inspection and approvals" — Amended. 15.24.045 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(H) "Applications and extensions" — Amended. 216 of 449 15.24.050 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(1) "Permit denial" — Added. 15.24.055 Annex H, Section 80.23 "Notice of violations, penalties" — Amended. 15.24.060 Annex H, Section 80.25 "Connection to electrical supply", Subsection 80.25(C) "Notification" — Deleted. 15.24.065 Annex H, Section 80.27 "Inspector's qualifications" — Deleted. 15.24.070 Annex H, Section 80.29 "Liability for damages" — Deleted. 15.24.075 Annex G, "Supervisory Control and Data Acquisition (SCADA)" — Deleted. 15.24.080 Article 89 "General Code Provisions", Subsection 89.108.8 "Appeals Board" — Amended. 15.24.005 2019 California Electrical Code, Annex H of the 2019 California Electrical Code and the 2017 National Electrical Code — Adopted and amended. The City Council adopts 2019 California Electrical Code, Annex H of the 2019 California Electric Code, California Code of Regulations, Title 24, Part 3, including all Annexes, and the 2017 National Electrical Code, for the purpose of prescribing in the City of National City, regulations governing the inspection of installations, investigation of fires caused by electrical installations, the review of construction plans, drawings, and specifications for electrical systems, the design, alteration, modification, construction, maintenance, and testing of electrical systems and equipment, the regulation and control of electrical installations at special events including but not limited to exhibits trade shows, amusement parks, and other similar special occupancies, in or on any building or structure, or outdoors on any premises or property. The City Council amends, deletes, or adds certain sections of the 2019 Electrical Code, Annex H of the 2019 Electrical Code, and the 2017 National Electrical Code, based on local climatic, topographic or geological conditions that justify deviating from said Codes. The City Council does specifically and expressly find and declare that the nature and uniqueness of the dry Southern California climate, and the geological and topograbhical conditions in the City of National City, including the age and concentration of structures, and the differences in elevation throughout the City, do reasonably necessitate and demand changes in and variations from the 2019 California Electrical Code. Copies of these codes are filed in the office of the building official, and are adopted and incorporated as if fully set out in this chapter, and the provisions thereof shall be controlling within the city limits. 15.24.010 Annex H, Administration and enforcement — Adopted and amended. ANNEX H to the 2019 California Electrical Code entitled "Administration and Enforcement", is adopted subject to the following additions, amendments and deletions contained in this chapter. 15.24.015 Annex H, Section 80.13 "Authority", Subsection 80.13(7) "Right of entry" — Amended. Section 80.13(7) of Annex H of the 2019 California Electrical Code is amended to read as follows: 80.13(7) Right of entry. When necessary to make inspections to enforce any provision of this code, or when the Building Official has reasonable cause to Ordinance No. 2019- 2 Adopted: Amending NCMC Chapter 15.24 2019 Electrical Code 217 of 449 believe that there exists in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official, or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.24.020 Annex H, Section 80.13 "Authority", Subsection 80.13(17) "Electric Fences Prohibited" — Added. Section 80.13 (17) is added to Annex H of the 2019 California Electrical Code as follows: 80.13 (17) Electric Fences Prohibited. No electric fence shall be constructed maintained or operated within the City of National City. Electric fences as used herein, include all fences which in any way use electrical energy as an additional deterrent or have wires charged with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. 15.24.025 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(D) "Annual permits" — Deleted. Section 80.19(D) of Annex H of the 2019 California Electrical Code is deleted. 15.24.030 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(E) "Fees" — Amended. Section 80.19(E) of Annex H of the 2019 California Electrical Code is amended to read as follows: 80.19(E) Fees. Fees shall be assessed in accordance with the current City of National City Fee Schedule. 15.24.035 Annex H, Section 80.23 "Notice of Violations, Penalties," Subsection 80.23(B)(4) "Work commencing before permit issuance" — Added. Subsection 80.23(B)(4) is added to Annex H of the 2019 California Electrical Code as follows: 80.23(B)(4) Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 15.24.040 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(F) "Inspection and approvals" — Amended. Section 80.19(F) of Annex H of the 2019 California Electrical Code is amended to read as follows: 80.19(F) Inspection and approvals Ordinance No. 2019- 3 Adopted: Amending NCMC Chapter 15.24 2019 Electrical Code 218 of 449 (1) All electrical systems and equipment for which a permit is required by this code shall be subject to inspection by the Building Official, and the electrical system shall remain accessible and exposed for inspection purposes until approved by the Building Official. It shall be the duty of the permittee to cause the electrical system to remain accessible and exposed for inspection purposes. Neither the Building Official, nor the City of National City shall be liable for the expense entailed in the removal or replacement of any material required to permit inspection. When the installation of an electrical system and equipment is complete, an additional and final inspection shall be made. Electrical systems and equipment regulated by this code shall not be connected to the energy source until authorized by the Building Official. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the City of National City. Inspections presuming to give authority to violate or cancel provisions of this code or other ordinances of the City of National City shall not be valid. (2) Inspection requests. It shall be of the duty of the permittee to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official. It shall be the duty of the permittee to provide access to and means for inspection of such work. (3) Operation of Electrical Equipment. The requirements of section 15.24.040 shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been with the Building Official not more than forty-eight hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building. (4) Re -inspections. A re -inspection fee may be assessed for each inspection or re -inspection when any of the following occurs: A. The portion of the work for which the inspection was called is not complete or the corrections previously required are not made; B. Calling for an inspection before the job is ready for such inspection or re -inspection; C. The inspection record card or the approved plans are not posted or otherwise available to the inspector; D. Failure to provide access on the date for which the inspection is requested; or E. Deviating from the approved plans when such deviation or change required approval of the Building Official. To obtain a re -inspection, the permittee shall file an application in writing on a form provided for that purpose and pay the re -inspection fee in accordance with the current City of National City Fee Schedule. In instances where Ordinance No. 2019- 4 Adopted: Amending NCMC Chapter 15.24 2019 Electrical Code 219 of 449 re -inspection fees have been assessed, no further inspections shall be performed until the fees have been paid. 15.24.045 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(H) "Applications and extensions" — Amended. Section 80.19(H) of Annex H of the 2019 California Electrical Code is amended to read as follows: 80.19(H) Application and Extensions. Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within twelve calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Building Official within twelve calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Building Official within each six month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first twelve calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; and E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: Ordinance No. 2019- 5 Adopted: Amending NCMC Chapter 15.24 2019 Electrical Code 220 of 449 A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; and D. A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid except that where the Building Official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with subsection 15.24.045.3 shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of Subsections A, B and C as stated in subsection 15.24.045.3 are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons as determined by the Building Official in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.24.045. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.24.050 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(1) "Permit denial" — Added. Subsection 80.19(1) is added to Annex H of the 2019 California Electrical Code to read as follows: 80.19(1) Permit Denial. The Building Official may deny the issuance of a building permit on any property where there exists an unsafe or substandard Ordinance No. 2019- 6 Adopted: Amending NCMC Chapter 15.24 2019 Electrical Code 221 of 449 building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction or a violation of the National City Municipal Code. 15.24.055 Annex H, Section 80.23 "Notice of violations, penalties" — Amended. Section 80.23 of Annex H of the 2019 California Electrical Code is amended to read as follows: 80.23 Violations, Penalties. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Violations of any provisions of this code may be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.24.060 Annex H, Section 80.25 "Connection to electrical supply", Subsection 80.25(C)"Notification" — Deleted. Subsection 80.25(C) of Annex H of the 2019 California Electrical Code is deleted. 15.24.065 Annex H, Section 80.27 "Inspector's qualifications" — Deleted. Section 80.27 of Annex H of the 2019 California Electrical Code is deleted. 15.24.070 Annex H, Section 80.29 "Liability for damages" — Deleted. Section 80.29 of Annex H of the 2019 California Electrical Code is deleted. 15.24.075 Annex G, Supervisory Control and Data Acquisition (SCADA) — Deleted. Annex G of the 2019 California Electrical Code is deleted. 15.24.080 Article 89 "General Code Provisions", Subsection 89.108.8 "Appeals Board" — Amended. Subsection 89.108.8 of Article 89 the 2019 California Electrical Code is amended to read as follows: Section 107.1. Board of Appeals. In order to hear and decide appeals of orders, decisions, or determinations of the Building Official relative to the application and interpretation of this code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members who are qualified by experience and training to pass upon matters pertaining to building codes, regulations, and ordinances, and who are not employees of the City. Board members shall serve at the pleasure of the City Council. The Board shall comply with Rosenberg's Rules of Order in conducting their business, and shall render written decisions and findings to the appellant with a copy to the Building Official. Decisions of the Board may be appealed to the City Council by the appellant or by the Building Official within thirty (30) days of the Decision of the Board by filing of a written notice of appeal with the Director of Community Developement stating the reasons for the appeal. The person filing the appeals and the opposing party shall be given at least ten days' written notice of the time and place of the hearing on the appeal. [Signatures on Next Page] Ordinance No. 2019- 7 Adopted: Amending NCMC Chapter 15.24 2019 Electrical Code 222 of 449 PASSED and ADOPTED this day of , 2019. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Alejandra Sotelo-Solis, Mayor Ordinance No. 2019- 8 Adopted: Amending NCMC Chapter 15.24 2019 Electrical Code 223 of 449 ORDINANCE NO. 2019 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2019 CALIFORNIA ENERGY CODE, AND AMENDING SECTION 15.75.010 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2019 California Energy Code, California Code of Regulations, Title 24, Part 6, establishing regulations for the installation, maintenance, and alteration of energy systems within the city. Section 2. The City Council of the City of National City amends Section 15.75.010 of the National City Municipal Code to read as follows: 15.75.010 2019 California Energy Code — Adopted. The City Council adopts and incorporates herein, for the purpose of prescribing regulations for the conservation of energy, the, 2019 California Energy Code, California Code of Regulations, Title 24, Part 6. Except as otherwise provided by this chapter, all construction of buildings where energy will be utilized shall be in conformance with the 2019 California Energy Code PASSED and ADOPTED this day of , 2019 Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 224 of 449 ORDINANCE NO. 2019 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING APPENDIX J OF THE 2019 CALIFORNIA BUILDING CODE AMENDING CERTAIN SECTIONS OF THAT CODE, AND AMENDING CHAPTER 15.70 (GRADING) OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts Appendix J of the 2019 California Building Code, California Code of Regulations, Title 24, Part II, Appendix J. Section 2. The City Council of the City of National City hereby amends, adds, and deletes certain sections of Appendix J of the 2019 California Building Code. Section 3. The City Council of the City of National City amends Chapter 15.70 of the National City Municipal Code to read as follows: CHAPTER 15.70 GRADING Sections: 15.70.005 Adoption of Appendix J of the 2019 California Building Code — Amended. 15.70.010 Purpose. 15.70.015 Appendix J of the 2019 California Building Code, Section J101 "General", Subsection J101.1 "Scope" — Amended. 15.70.020 Appendix J of the 2019 California Building Code, Section J102 "Definitions" — Amended. 15.70.025 Hazards and safety precautions. 15.70.030 Appendix J of the 2019 California Building Code, Section J103 "Permits Required", Subsection 103.2 (1) "Exemptions" — Amended. 15.70.035 Appendix J of the 2019 California Building Code, Section J103 "Permits Required", Subsection J103.2 (2) "Exemptions" — Amended. 15.70.040 Appendix J of the 2019 California Building Code, Section J103 "Permits Required", Subsection J103.2 (5) "Exemptions" — Amended. 15.70.045 Appendix J of the 2019 California Building Code, Section J103 "Permits Required", Subsection J103.2 (6) "Exemptions" — Amended. 15.70.055 Appendix J of the 2019 California Building Code, Section J103 "Permits Required", Subsection J103.2 (8) "Exemptions" — Added. 225 of 449 15.70.060 15.70.065 15.70.070 Appendix J of the 2019 California Building Code, Section J104 "Permit Application and Submittals", Subsection J104.5 "Engineered Grading Requirements" — Added. Appendix J of the 2019 California Building Code, Section J104 "Permit Application and Submittals", Subsection J104.6 "Regular Grading and Retaining Wall Construction Requirements" — Added. Appendix J of the 2019 California Building Code, Section J104 "Permit Application and Submittals", Subsection J104.7 "Licenses and Insurance" — Added. 15.70.075 Appendix J of the 2019 California Building Code, Section J104 "Permit Application and Submittals", Subsection J104.8 "Conditions" — Added. 15.70.080 Appendix J of the 2019 California Building Code, Section J105 "Inspections", Subsection J105.3 — Added. 15.70.085 Appendix J of the 2019 California Building Code, Section J106 "Excavations", Subsection J106.1.2 "Exceptions" — Deleted. 15.70.090 Appendix J of the 2019 California Building Code, Section J107 "Fills", Subsection J107.1 "General" — Deleted. 15.70.095 Appendix J of the 2019 California Building Code, Section J107 "Fills", Subsection J107.2 "Surface Preparation" — Amended. 15.70.100 Appendix J of the 2019 California Building Code, Section J107 "Fills", Subsection J107.4 "Fill material" — Amended. 15.70.105 Appendix J of the 2019 California Building Code, Section J108 "Setbacks", Subsection J108.1 "General" — Amended. 15.70.110 Appendix J of the 2019 California Building Code, Section J108, "Setbacks", Subsection J108.2 "Top of Slope" — Amended. 15.70.115 Appendix J of the 2019 California Building Code, Section J108 "Setbacks", Figure J108.1, "Drainage Dimensions" — Amended. 15.70.120 Appendix J of the 2019 California Building Code, Section J108 "Setbacks", Subsection J108.3 "Slope Protection" — Amended. 15.70.125 Appendix J of the 2019 California Building Code, Section J109 "Drainage and Terracing", Subsection J109.4 "Drainage across property lines" — Amended. 15.70.130 15.70.135 Appendix J of the 2019 California Building Code, Section J109 "Drainage and Terracing", Subsection J109.5 "Surface Run-off Interception" — Added. Appendix J of the 2019 California Building Code, Section J109 "Drainage and Terracing", Subsection J109.6 "Easements and Encumbrances" — Added. Ordinance No. 2019- 2 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 226 of 449 15.70.140 Appendix J of the 2019 California Building Code, Section J110 "Erosion Control", Subsection J110.3 "Storm Water Erosion and Sediment" — Added. 15.70.145 Grading fees. 15.70.146 Work commencing prior to permit issuance 15.70.150 Completion of work. 15.70.155 Rough grading permit. 15.70.160 Parking lots. 15.70.165 Bonds. 15.70.170 Violation a misdemeanor. 15.70.175 Board of Appeals 15.70.005 Adoption of Appendix J of the 2019 California Building Code — Amended. There is adopted by the City Council for the purpose of prescribing regulations governing the excavation and grading on private property, and the issuance of permits, and providing for the inspection thereof, Appendix J of the 2019 California Building Code, subject to the amendments, additions and deletions set forth in this chapter based on local climatic, geological, or topographical conditions. The City Council does specifically and expressly find and declare that the nature and uniqueness of the dry Southerm California climate, and the geological and topographical conditions in the City of National City, including the age and concentration of structures, and differences in elevation throughout the City, do reasonably necessitate and demand specific changes in and variations from the 2019 California Building Code. A copy of this adopted code is on file in the engineering department. 15.70.010 Purpose. The purpose of this Chapter is to safeguard life, limb, property, and the public welfare by regulating grading and other earthwork activities, or by controlling existing fills and excavations, and the construction of retaining walls, drainage facilities on private property and to ensure that soil erosion, sedimentation, and storm water runoff are regulated to reduce, to the maximum extent practicable, pollutants entering the storm water conveyance system and waters of the state to protect water quality. 15.70.015 Appendix J of the 2019 California Building Code, Section J101 "General", Subsection J101.1 "Scope" —Amended. Section J101, Subsection J101.1 of the 2016 California Building Code is amended to read as follows: J101.1 Scope. This Ordinance sets forth rules and regulations to control excavation, grading, drainage, earthwork construction, including fills and embankments, and retaining wall construction; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading and retaining wall construction. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. Ordinance No. 2019- 3 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 227 of 449 15.70.020 Appendix J of the 2019 California Building Code, Section J102 "Definitions — Amended. For the purposes of Chapter 15.70, the following definitions supplement, or modify certain definitions in Appendix J of the 2019 California Building Code, Section J102. All other definitions listed in the 2019 Building Code shall remain applicable. APPROVAL - The term "approval" does not constitute certification of the project as a whole in terms of completeness, accuracy, design and construction standards, as shown on the plans. AUTHORITY HAVING JURISDICTION — means the City Engineer of the City of National City, or designee. BEST MANAGEMENT PRACTICES OR BMPS — means schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to Storm Water, Receiving Waters, or the Storm Water Conveyance System. Best Management Practices also include but are not limited to treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Best Management Practices may include any type of pollution prevention and pollution control measure that can help to achieve compliance with this Chapter. Best Management Practices may include any type of pollution prevention and pollution control measure, which the City Engineer finds, is necessary to reduce pollutants entering the Waters of the State to the Maximum Extent Practicable. CITY ENGINEER — means the City Engineer or designee. CIVIL ENGINEER — means a professional engineer registered in the State of California to practice in the field of civil engineering as defined in Section 6731 of the California Business and Professions Code. He or she is the person directly responsible for the project design, plan certification, and construction supervision. DRAINAGE PLAN— means a plan which shows existing and proposed site drainage within a property that is to be developed or rough graded. The drainage plan shall be prepared by a registered civil engineer, an architect, or other qualified and licensed professionals, and shall comply with the standards and requirements of the City Engineer. If, for a given development, no grading is proposed, or the earthwork quantity involved in the grading is below the established limit of this ordinance, and for which a grading plan is not required, then as a minimum, a drainage plan shall be submitted for the development. EROSION CONTROL PLAN — means a plan prepared and signed and stamped/sealed by a civil engineer competent in the preparation of such plans and knowledgeable about current erosion control methods. The plan shall provide for protection of exposed soils, prevention of discharge of sediment, and desiltation of runoff at frequent intervals along flowage areas, at entrances to storm drains, at entrances to streets and driveways, and at the exit of the area being graded. EROSION CONTROL SYSTEM — means any combination of desilting facilities, retarding basins, flow decelerates, and/or erosion protection (including Ordinance No. 2019- 4 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 228 of 449 effective planning and the maintenance thereof) to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural facilities, archaeological artifacts, and relieve waters of suspended sediments or debris prior to discharge from the site. GRADE — means the vertical location of the ground surface, in relation to a National City benchmark elevation. MAXIMUM EXTENT PRACTICABLE or ("MEP') — means the standard established in Clean Water Act section 402(p)(3)(B)(iii) that municipal dischargers of storm water must meet. MEP is an acceptability standard for Best Management Practices based on a level of pollutant reduction that can be achieved by the most effective set of BMPs that can be implemented and still remain practicable; MEP generally emphasizes pollution prevention and source control BMPs as the first line of defense in combination with treatment methods as a backup. PERMITTEE— means any person, corporation, partnership, limited liability company, non-profit entity, joint venture, association of any type, public entity or any other legal entity, which submits an application for a permit pursuant to this Chapter. POLLUTANT — means any agent that may cause or contribute to the degradation of water quality, including, but not limited to, earth materials. RAINY SEASON — means the period beginning October 1st and ending April 30th in the next calendar year. The remainder of the year is the dry season. RETAINING WALL PLAN — means a plan prepared by a registered civil engineer, an architect, or other qualified professional, which shows pertinent top and bottom of wall elevations and the wall profile, together with the existing and proposed ground elevations and profile at the wall. The plan shall be prepared in accordance with the requirements set forth by the City Engineer, and shall be subject to approval by the City Engineer. The plan shall be required for walls in excess of 3 feet (3') in height, measured from the top of the footing, to the top of the wall, and for walls less than or equal to 3 feet (3') in height measured from the top of the footing, to the top of the wall, supporting a surcharge or a sloped backfill. The retaining walls shall be in accordance with the Regional Standard Drawings, and the Standard Specifications, or shall be specially engineered. STORM WATER CONVEYANCE SYSTEM — means private and public drainage facilities within the city by which storm water may be conveyed to waters of the United States, including but not limited to, streets, roads, catch basins, natural and artificial channels, natural and artificial drainage features, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, and storm drains. Historic and current development makes use of natural drainage patterns and features as conveyances for urban runoff. Urban streams used in this manner are part of the Storm Water Conveyance System regardless of whether they are natural, man- made, or partially modified features. WATERS OF THE STATE — means any water, surface or underground, including saline waters within the boundaries of California, including a municipal storm sewer system (MS4). WATERS OF THE UNITED STATES — has the same meaning as in 40 Code of Federal Regulations section 122.2. Ordinance No. 2019- 5 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 229 of 449 15.70.025 Hazards and safety precautions. If, at any stage of work, the City Engineer determines that authorized grading is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the City Engineer may specify and require reasonable safety precautions to avoid the danger. The permittee shall be responsible for removing excess soil and debris deposited upon adjacent and downstream public or private property resulting from permittee's grading operations. Soil and debris shall be removed and damage to adjacent and downstream property repaired as directed by the City Engineer. Erosion and siltation control shall require temporary or permanent siltation basins, energy dissipaters, or other measures as field conditions warrant, whether or not such measures are a part of approved plans. The permittee shall incur cost associated with any work outlined in this section. The City Engineer shall not issue a grading permit in any case where the City Engineer finds that the work, as proposed by the applicant, will damage any private or public property, or interfere with any existing drainage course in a manner which may cause damage to any adjacent property, or result in the depositing of debris on any public way, or create an unreasonable hazard to person or property, or cause or contribute to an exceedance of state water quality objectives, or fail to reduce pollutants from the site to the maximum extent practicable. 15.70.030 Appendix J of the 2019 California Building Code, Section J103 "Permits Required", Subsection J103.2 (1) "Exemptions" — Amended. Subsection J103.2 (1) of the 2016 California Building Code is amended to read as follows: J103.2 (1) When approved by the City Engineer, grading in an isolated or self-contained area, provided there is no danger to the public, and such grading will not adversely affect adjoining properties. 15.70.035 Appendix J of the 2019 California Building Code, Section J103 "Permits Required", Subsection J103.2 (2) "Exemptions" — Amended. Subsection J103.2 (2) of the 2016 California Building Code is amended to read as follows: J103.2 (2) An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1525 mm) after the completion of such structure. 15.70.040 Appendix J of the 2019 California Building Code, Section J103 "Permits Required", Subsection J103.2 (5) "Exemptions" — Amended. Subsection J103.2 (5) of the 2019 California Building Code is amended to read as follows: J103.2 (5) property. Excavations for wells or trenches for utilities on private Ordinance No. 2019- 6 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 230 of 449 15.70.045 Appendix J of the 2019 California Building Code, Section J103 "Permits Required", Subsection J103.2 (6) "Exemptions" — Amended. Subsection J103.2 (6) of the 2019 California Building Code is amended to read as follows: J103.2 (6) Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property, excepting the dumping and stockpiling of dirt and rubble, which is strictly prohibited in National City. 15.70.055 Appendix J of the 2019 California Building Code, Section J103 "Permits Required", Subsection J103.2 (8) "Exemptions" — Added. Subsection J103.2 (8) is added to the 2019 California Building Code to read as follows: J103.2 (8) A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet (914 mm) in depth, not intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course. 15.70.060 Appendix J of the 2019 California Building Code, Section J104 "Permit Application and Submittals", Subsection J104.5 "Engineered Grading Requirements" — Added. Subsection J104.5 is added to the 2019 California Building Code to read as follows: J104.5 Engineered Grading Requirements — Application for a grading permit shall be accompanied by a work schedule including details of the hauling operation, size of trucks, haul route, dust and debris control measures and time and frequency of haul trips; four sets of plans and specifications; and two sets of supporting data consisting of a soils engineering report, engineering geology report (if necessary), drainage study, structural calculations, cost estimate and applicable fees, and other pertinent information as may be required by the City Engineer and all relevant information listed in the plan checklists as developed by the City Engineer. 15.70.065 Appendix J of the 2019 California Building Code, Section J104 "Permit Application and Submittals", Subsection J104.6 "Regular Grading and Retaining Wall Construction Requirements" — Added. Section J104.6 is added to the 2019 California Building Code to read as follows: J104.6 Regular Grading and Retaining Wall Construction Requirements. Each application for a grading or retaining wall permit shall be accompanied by four sets of plans and specifications, in sufficient clarity, to indicate the nature and extent of the work, as well as supporting data consisting of a soils engineering report, engineering geology report (if necessary), drainage study, structural calculations, cost estimate, and other pertinent information as required by the City Engineer. All grading plans shall be prepared and signed and stamped/sealed by Ordinance No. 2019- 7 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 231 of 449 a registered civil engineer and by a registered soil engineer, or registered civil engineer competent in soils engineering. The plans shall include the following information: 1 Location of work; 2 Name of the person who prepared the plans; 3 General vicinity of the proposed site; 4 Limiting dimensions and depth of cut and fill with input and export values; 5 Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (15') of the proposed grading; 6 All other relevant information listed in the plan checklists as developed by the City Engineer. The City Engineer may waive the requirement for a grading permit when the proposed grading is on a single lot or parcel not proposed for further subdivision and in the opinion of the City Engineer, the proposed grading entails no hazard to any adjacent property, does not necessitate construction of extensive drainage structures or erosion control facilities, and does not interfere in any way with existing natural or improved drainage courses or channels. A retaining wall less than or equal to three feet (3') in height measured from the top of the footing to the top of the wall, when no surcharge is present, the backfill is level, and when not an integral part of a building shall be exempt from a grading permit. However, the construction of said retaining wall shall comply with the Regional Standard Drawings, and is subject to inspection by the City Engineer or his/her designee. Grading, retaining wall, and improvement permits issued pursuant to the grading and improvement plans will expire six months after their issue. A permit renewal will be issued upon payment of the renewal fee as provided for in the National City fee schedule. Renewed permits will expire six months after their issue. Requests for extensions shall be made in writing and state the reason for the delay in the completion of work. A permittee may submit an application to the City before, but not earlier than 60 calendar days before, the expiration of the grading, retaining wall, or improvement permit expiration. The City Engineer may extend the grading, retaining wall or improvement permit for a perid not to exceed 180 calendar days if the City Engineer determines that circumstances beyond the control of the permittee prevented completion of the work. 15.70.070 Appendix J of the 2019 California Building Code, Section J104 "Permit Application and Submittals", Subsection J104.7 "Licenses and Insurance" — Added. Subsection J104.7 is added to the 2019 California Building Code to read as follows: J104.7 Licenses and Insurance. Prior to the issuance of a permit, the applicant or the applicant's contractor shall present to the City Engineer evidence of the following: Ordinance No. 2019- 8 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 232 of 449 I. Coverage of general liability insurance and worker's compensation in the amounts required by the City Engineer. Such insurance policy shall name the City of National City and its elected officials, officers, agents, and employees as additional insured. The actual endorsements or policy language regarding automatic additional insureds must be provided. II. City business license, which may be obtained from the National City Finance Department. III. Appropriate state contractor license. 15.70.075 Appendix J of the 2019 California Building Code, Section J104 "Permit Application and Submittals", Subsection J104.8 "Conditions" — Added. Subsection J104.8 of the 2019 California Building Code is added to read as follows: J104.8 Conditions A. Standards. All grading, drainage, and retaining wall work done under this ordinance shall be in accordance with the approved plans and the conditions of the required permits. The work shall conform to the Standards of the City of National City, the County of San Diego Regional Standard Drawings (latest adopted edition), the Public Works Inspection Manual (latest adopted edition), the Standard Specifications for Public Works Construction (latest adopted edition), and any other conditions as may be determined by the City Engineer to be applicable to the work. Deviations from the requirements of these standards may be permitted by the City Engineer, based upon written reports and recommendations by qualified authorities. B. Water Quality. It shall be a condition of every permit issued under this Chapter that the Permittee shall comply with all the provisions of the City of National City Watercourse Protection, Storm Water Management and Discharge Control Ordinance in Chapter 14.22 of this Code. C. Minimum BMPs. The BMPs required by the City of National City Storm Water Best Management Practices Manual adopted in this Municipal Code shall be the minimum BMPs required for issuance of a grading permit and additional BMPs may be required by the City Engineer as a condition of issuance of the grading permit. D. Grading Plan Requirements. All grading plans, regardless of the date of submittal, shall include an erosion control plan designed to limit erosion of all disturbed portions of the property and to eliminate the transport of soil onto adjacent properties or into streets, storm drains, or drainage ways. E. Standard Urban Storm Water Mitigation Plan (SUSMP) Checklist. A SUSMP checklist as created by the City Engineer shall be submitted with plans. 15.70.080 Appendix J of the 2019 California Building Code, Section J105 "Inspections", Subsection J105.3 —Added. Subsection J105.3 is added to the 2019 California Building Code to read as follows: J105.3 The Permittee or his agent shall notify the City Engineer: Ordinance No. 2019- 9 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 233 of 449 A. Initial inspection (pre -construction conference) - when he is ready to begin grading and not less than forty-eight (48) hours before any grading is to be commenced. The pre -construction meeting shall be attended by the owner of the property, the soils engineer and the engineering geologist (when necessary) the design engineer, the grading contractor, and the building and engineer inspectors. B. Toe of fill inspection. After the natural ground is exposed and prepared to receive fill, but before any fill is placed. C. Excavation Inspection - After excavation is started, but before the vertical depth of the excavation exceeds 10 feet. D. Fill Inspection. After fill and placement is started, but before the vertical height of the lifts exceeds 10 feet. E. Drainage Device Inspection - Before and after forms and reinforcement are in place, but before any concrete is placed. F. Rough Grading. Upon completion of all rough grading, including installation of all drainage structures and other protective devices, at least twenty- four hours before inspection is to be made. G. Final Inspection. Upon completion and approval by the project Civil Engineer and Soils Engineer of all work shown on the plans and the permit including the installation of all drainage or other structures. H. In addition to the above, inspections for retaining walls shall be per the San Diego County Regional Standard Drawings or special Engineering. I. Modification of approved plans, if changes are to be made in the approved plans during construction, the applicant, or his agent, shall submit an engineering change order to the inspector or to the City Engineer, for review and approval. 15.70.085 Appendix J of the 2019 California Building Code, Section J106 "Excavations", Subsection J106.1 (2) "Exceptions" — Deleted. Appendix J of the 2019 California Building Code, Subsection J106.1 (2 ) "Exceptions" is deleted. 15.70.090 Appendix J of the 2019 California Building Code, Section J107 "Fills", Subsection 1 "General" — Deleted. Appendix J of the 2019 California Building Code, Section J107 "Fills", Subsection J107.1 "General" is deleted. 15.70.095 Appendix J of the 2019 California Building Code, Section J107 "Fills", Subsection 2 "Surface Preparation" — Amended. Subsection J107.2 of the 2019 California Building Code is amended to read as follows: J107.2 Surface Preparation. Fill slopes shall not be constructed on natural slopes steeper than 1 unit vertical in 2 units horizontal (50% slope). The ground surface shall be prepared to receive fill by removing vegetation, non -complying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill and, where slopes are steeper than 1 unit vertical in 5 units horizontal (20% slope) and the height is greater than 5 feet (1524 mm), by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of fill shall be at least 10 feet (3048 mm) wide. The area beyond the toe of Ordinance No. 2019- 10 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 234 of 449 fill shall be at least 10 ft (3048 mm) wide but the cut shall be made before placing the fill and acceptance by the soils engineer or engineering geologist or both, as a suitable foundation for fill. 15.70.100 Appendix J of the 2019 California Building Code, Section J107 "Fills", Subsection J107.4 "Fill material" — Amended. Subsection J107.4 of the 2019 California Building Code is amended to read as follows: J107.4 Fill material. Organic material shall not be permitted in fills. Except as permitted by the City Engineer, no rock or similar irreducible material with a maximum dimension greater than 12 inches (305 mm) shall be buried or placed in fills. Exception: The City Engineer may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement and approved the fill stability. The following conditions shall also apply: 1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan. 2. Rock sizes greater than 12 inches (305 mm) in maximum dimension shall be 10 feet (3048 mm) or more below grade, measured vertically. 3. Rocks shall be placed so as to assure filling of all voids with well -graded soil. 15.70.105 Appendix J of the 2019 California Building Code, Section J108 "Setbacks", Subsection J108.1 "General" — Amended. Subsection J108.1 of the 2019 California Building Code is amended to read as follows: J108.1 General. Cut and fill slopes shall be set back from the property lines in accordance with this section. Setback dimensions shall be measured perpendicular to the property line and shall be as shown in amended FIGURE J108.1 as shown in this Chapter. 15.70.110 Appendix J of the 2019 California Building Code, Section J108, "Setbacks", Subsection J108.2 "Top of Slope" — Amended. Subsection J108.2 of the 2019 California Building Code is amended to read as follows: J108.2 Top of slope. The setback at the top of a cut slope shall not be less than that shown in amended Figure J108.1 as shown in this chapter, or than is required to accommodate any required interceptor drains, whichever is greater. 15.70.115 Appendix J of the 2019 California Building Code, Section J108 "Setbacks", Figure J108.1, "Drainage Dimensions" — Amended. Figure J108.1 of the 2019 California Building Code is amended to read as follows: Ordinance No. 2019- 11 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 235 of 449 Property Line Amended Figure J108.1 Drainage Dimensions Ht5but 2ft.{110 mrn} mi nirniun and raeed not exceed 10 ft. (3048 mm) I `2 but 2 ft ($ tb , Top of Slope trim} rninirnUiro @rid i need not wined 20 ft (6096 rrarr. Natural or Firesh Grade Cut Or Full Slope Property one 'Pup of Slope Natural or FirrsI Grade Intercepter Drain (if required) 15.70.120 Appendix J of the 2019 California Building Code, Section J108 "Setbacks", Subsection J108.3 "Slope Protection" — Amended. Subsection J108.3 of the 2019 Building Code is amended to read as follows: J108.3 Slope Protection. The toe of fill slope shall be made not nearer to the site boundary line than one half the height of the slope with a minimum of 2 feet (610 mm) and a maximum of 20 feet (6096 mm). Where a fill slope is to be located near the site boundary and the adjacent off -site property is developed, special precautions shall be incorporated in the work as the City Engineer deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to: 1. Additional setbacks. 2. Provision for retaining or slough walls. 3. Mechanical or chemical treatment of the fill slope surface to minimize erosion. 4. Provisions for the control of surface waters. 15.70.125 Appendix J of the 2019 California Building Code, Section J109 "Drainage and Terracing", Subsection J109.4 "Drainage across property lines" —Amended. Subsection J109.4 of the 2019 California Building Code is amended to read as follows: Ordinance No. 2019- 12 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 236 of 449 J109.4 Drainage Across property lines. Surface runoff shall not be permitted to flow from one lot to another, unless proper drainage agreements between affected property owners are executed and submitted to the City Engineer. Such agreements shall be subject to approval by the City Engineer, and recorded prior to issuance of the grading permit. 15.70.130 Appendix J of the 2019 California Building Code, Section J109 "Drainage and Terracing", Subsection J109.5 "Surface Run-off Interception" — Added. Subsection J109.5 is added to the 2019 California Building Code to read as follows: J109.5 Surface Run-off interception Surface run-off from new landscaping areas shall be intercepted by and directed to approved drainage facilities. 15.70.135 Appendix J of the 2019 California Building Code, Section J109 "Drainage and Terracing", Subsection J109.6 "Easements and Encumbrances" — Added. Subsection J109.6 is added to the 2019 California Building Code is added to read as follows: J109.6 Easements and Encumbrances. For all private water courses where the continuous functioning of the drainageway is essential to the protection and use of multiple properties, a covenant, a maintenance agreement, and/or deed restriction shall be recorded by the applicant, placing the responsibility for the maintenance of the drainageway(s) on the owners of record of each respective lot affected. Permanent off -site drainage easements, as required by the City Engineer, shall be acquired by the applicant. Such easements shall be subject to approval by the City Engineer and recorded prior to issuance of the grading permit. 15.70.140 Appendix J of the 2019 California Building Code, Section J110 "Erosion Control", Subsection J110.3 "Storm Water Erosion and Sediment" —Added. Subsection J110.3 is added to the 2019 California Building Code to read as follows: J110.3 Stormwater Erosion and Sediment. A. Plans for an erosion control system shall be prepared and submitted for the review and approval of the City Engineer as a part of any application for a grading permit. The erosion control system shall comply with the requirements of the latest National Pollutant Discharge Elimination System permit and Chapter 14.22 of this Code to satisfy the requirements for erosion control and eliminate the discharge of sediment and pollutants. The erosion control plan shall include, but not be limited to, the following information: 1. Name, address, and a twenty -four-hour phone number of the owner or responsible party, and the person or contractor responsible for installing and maintaining the erosion control system and performing emergency erosion control work; 2. The name, address, and signature of the Civil Engineer or person who prepared the plan; 3. All desilting basins, debris basins, silt traps, and other desilting, velocity retarding and protection facilities necessary to adequately Ordinance No. 2019- 13 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 237 of 449 protect the site and downstream properties from erosion and its effects, preserve natural hydrologic features, and preserve riparian buffers and corridors; 4. The streets, easements, drains, and other improvements; 5. The location and placement of gravel bags, diverters, check dams, slope planting, drains, and other erosion controlling devices and measures; 6. Access routes to all such erosion control facilities and how access shall be maintained during inclement weather. B. Erosion control system standards shall be as follows: 1. The faces of cut -and -fill slopes and the project site shall be prepared and maintained to control against erosion. Where cut slopes are not subject to erosion due to the erosion -resistant character of the materials, such protection may be omitted upon approval of the City Engineer. 2. Where necessary, temporary and/or permanent erosion control devices such as desilting basins, check dams, cribbing, riprap, or other devices or methods as approved by the City Engineer, shall be employed to control erosion, prevent discharge of sediment, and provide safety. 3. Temporary desilting basins constructed of compacted earth shall be compacted to a relative compaction of ninety percent of maximum density. A gravel bag or plastic spillway must be installed for overflow, as designed by the engineer of work, to avoid failure of the earthen dam. A soils engineering report prepared by the Soils Engineer, including the type of field-testing performed, location and results of testing shall be submitted to the City Engineer for approval upon completion of the desilting basins. 4. Desilting facilities shall be provided at drainage outlets from the graded site, and shall be designed to provide a desilting capacity capable of containing the anticipated runoff for a period of time adequate to allow reasonable settlement of suspended particles. 5. Desilting basins shall be constructed around the perimeter of projects, whenever feasible, and shall provide improved maintenance access from paved roads during wet weather. Grading cost estimates must include maintenance and ultimate removal costs for temporary desilting basins. 6. The erosion control provisions shall take into account drainage patterns during the current and future phases of grading. 7. All removable protective devices shown shall be in place at the end of each working day when there is a fifty percent chance of rain within a forty-eight hour period. If the Permittee does not provide the required installation or maintenance of erosion control structures within two hours of notification at the twenty-four hour number on the plans, the City Engineer may order City crews to do the work or may issue contracts for such work and charge the cost of this work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except erosion control work may be performed until the Permittee restores the full amount drawn from the deposit. 8. At any time of year, an inactive site shall be fully protected from erosion and discharges of sediment. Flat areas with Tess than five percent grade shall be fully covered unless sediment control is provided through desiltation Ordinance No. 2019- 14 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 238 of 449 basins at all project discharge points. A site is considered inactive if construction activities have ceased for a period of ten or more consecutive days. 9. Permittee shall implement the following minimum erosion prevention methods to minimize the erosion potential: a. If feasible, Permittee shall grade only during the dry season, especially in areas at high risk for erosion. b. Permittee shall minimize the length of time that soils are left exposed to elements of wind and water. c. If grading must occur during the rainy season, the total area of exposed soil shall be reduced during the rainy season. d. Critical areas, such as drainage channels, streams, and natural watercourses shall be properly protected. e. Exposed areas shall be stabilized as quickly as feasible. f. Sufficient waste disposal facilities shall be provided for all proposed activities. 9. materials and equipment. h. Permittee shall ensure that materials used for erosion and sediment control are on site at all times during the rainy season. i. All slopes shall be protected against erosion and any unstable slopes shall be stabilized. j. Erosion prevention shall be considered the most important erosion control measure with sediment controls as a backup. 10. During Dry Season (May 1 through September 30), Permittee shall implement the following minimum erosion prevention methods to minimize the erosion potential: a. Adequate perimeter protection BMPs must be installed and maintained. b. Adequate sediment control BMPs must be installed and maintained. Sufficient storage facilities shall be provided for all c. Adequate BMPs designed to control off -site sediment tracking must be installed and maintained. d. At a minimum, 125% of the materials needed to install standby BMPs necessary to completely protect exposed portions of the site from erosion and prevent sediment discharges must be stored on the site. e. An approved "weather triggered" response plan is mandated for implementation in the event that a predicted storm event has a 50% chance of rain. The proponent must have the capacity to deploy the standby BMPs within 48 hours of the predicted storm event. f. All slopes must be equipped with erosion prevention BMPs as soon as slopes are completed for any portion of the site. g. Cleared or graded areas left exposed at any given time are limited to the amount of acreage that the project proponent can adequately protect prior to a predicted storm event. Ordinance No. 2019- 15 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 239 of 449 11. During Wet Season (October 1 through April 30), Permittee shall implement the following BMPs, in addition to the Dry Season Requirements: a. Perimeter protection and sediment control BMPs must be upgraded if necessary to provide sufficient protection for storms. b. Adequate erosion prevention BMPs must be installed and established for all completed slopes prior to October 1 and maintained throughout the wet season. If a BMP fails, it must be repaired, improved, or replaced with an acceptable alternate as soon as it is safe to do so. c. The amount of exposed soil allowed at one time shall not exceed standby erosion and sediment control BMP capacity. d. An incomplete disturbed area that is not being actively graded must be fully protected from erosion if left for 10 days or more. 12. BMP Maintenance. All BMPs for erosion prevention and sediment control shall be functional at all times. Prior to the rainy season and after each major storm, all source control and structural treatment BMPs shall be inspected by the Permittee to assure the functionality and effectiveness. Proper BMP maintenance shall be conducted throughout the life of the project. 13. No grading shall be allowed from October 1st thru the following April 30th on any site if the City Engineer determines that erosion, mudflow or sediment of silt discharge may adversely affect water quality, downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion control system has been implemented on the site. If the City determines that it is necessary for the City to cause erosion control measures to be installed or cleanup to be done, the Permittee shall pay all of the City's direct and indirect costs including extra inspection, supervision, and reasonable overhead charges. 14. Preservation of Natural Hydrologic Features, Riparian Buffers and Corridors. All natural hydrologic features and riparian buffer zones and corridors must be preserved to eliminate or minimize runoff from construction sites. 15. Phased Grading. Grading shall be phased whenever the City Engineer finds that phasing is feasible and necessary to protect the Waters of the State. Areas that are cleared and graded shall be minimized to only portions of the site that are necessary for construction, and the exposure time of disturbed soil areas shall be minimized. 16. Cleared or graded areas left exposed at any given time are limited to the amount of acreage that the project proponent can adequately protect prior to a predicted storm event or 17 acres, whichever is smaller, unless the disturbance of a larger area is approved in writing by the City engineer. In the event that a project proponent requests approval to disturb an area greater than 17 acres, the project proponent shall first submit to the City Engineer, written documentation describing how it will ensure that discharges of pollutants are reduced to the Maximum Extent Practicable (MEP) and prevents discharges of pollutants that would cause or contribute to a violation of water quality standards despite the larger disturbed area. 17. Advanced Treatment. Ordinance No. 2019- 16 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 240 of 449 a. Treatment for sediment is required. For the purpose of this requirement, exceptional threat to water quality shall be defined as a site, which meets all of the following, except as provided in number 16 above: 1. A portion of the site is located within or directly adjacent to receiving waters listed on the CWA Section 303(d) list of Water Quality Limited Segments as impaired for sedimentation or turbidity; 2. Disturbance is greater than five acres, including all phases of the development; 3. Disturbed slopes are steeper than 4:1 (horizontal: vertical), higher than 10 feet, and drain to the 303(d) listed receiving water; 4. Contains a predominance of soils with USDA-NRCS Erosion factors if greater than or equal to 0.4. Alternatively, applicants may perform a RUSLE or MUSLE analysis to prove to the City Engineer's satisfaction that advanced treatment is not required. b. Even if based on the criteria in number 16, above, advanced treatment would not ordinarily be required, advanced treatment may be required at the discretion of the City Engineer based on a record of noncompliance. c. Treatment effluent water quality shall meet or exceed the water quality objectives for turbidity, pH, toxicity, and any other parameter deemed necessary by the City Engineer, as listed in the Water Quality Control Plan for the San Diego Basin for inland surface waters and lagoons and estuaries for the appropriate hydrologic unit. d. Applicant shall provide design, operations and maintenance schedule, monitoring plan, certification of training of staff to the satisfaction of the City Engineer. 18. Establishment of Permanent Vegetation. a. General. The face of all cut and fill slopes, in excess of 3 feet in vertical height, but only final slopes of any borrow pit, shall be planted and maintained with a ground cover or other planting to protect the slopes against erosion and instability. Planting shall commence as soon as slopes are completed on any portion of the site and shall be established upon all slopes prior to the final approval of the grading. In order to minimize the period during which a cut or filled surface remains exposed, such planting shall provide for rapid short-term coverage of the slope as well as long-term permanent coverage. Planting materials and procedures shall conform to regulations adopted by the City Engineer. The City Engineer may approve other plant materials as specified by a landscape architect. The Permittee shall maintain such planting until it is well established as determined by the City Engineer. b. Minimum Requirements. In addition to planting with ground cover, slopes in excess of fifteen (15) feet in vertical height shall be planted with shrubs in 2 1/4 inch pots or trees having a one (1) gallon minimum size at ten (10) feet on center in both directions on the slope. The City Engineer may vary the plant and planting pattern, but not the quantity, upon the recommendation of landscape architect and approval. Ordinance No. 2019- 17 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 241 of 449 c. Where cut slopes are not subject to erosion due to their rocky character or where the slopes are protected with pneumatically applied concrete mortar or otherwise treated to protect against erosion and instability to the satisfaction of the City Engineer, the requirement of this subsection may be waived by the City Engineer. d. The City Engineer may require the applicant to temporarily stabilize and reseed disturbed soil areas to protect the Waters of the State. If grass or ground cover is not established by the beginning of the wet season, temporary erosion control measures such as erosion control mats or blankets shall be installed on the slopes. If grass or ground cover is not established by the beginning of the wet season, temporary erosion control measures such as erosion control mats or blankets shall be installed on the slopes. 19. Irrigation System Requirements. a. General. Except for agricultural grading permits, all slopes to be constructed, but only final slopes of any borrow pit, shall be provided with an irrigation system which shall be used by the Permittee to promote the growth of plants to protect the slopes against erosion. The Permittee shall be responsible for installation and maintenance of the irrigation system until the City Engineer determines that the system has been properly installed and meets the minimum requirements of this section. When the City Engineer finds that a slope less than fifteen (15) feet in height is located in an area as to make hand watering possible, conveniently located hose bibs may be accepted in lieu of the required irrigation system when a hose no longer than fifty (50) feet would be required. b. Minimum Requirements (1) Plans for the irrigation system shall be in accordance with San Diego Regional Standard Specifications for Sprinkler Irrigation Systems and shall be approved by the National City. City Engineer prior to installation. (2) The irrigation system shall be located relative to existing and proposed property lines to insure that the irrigation system and the slopes sprinkled thereby will both be within the same property boundaries. The irrigation system shall be supplied or be readily converted so as to be supplied through the metered water service line serving each individual property. (3) The irrigation system shall provide uniform coverage for the slope area at a rate of not less than 0.03 inches per hour, nor greater than 0.30 inches per hour. A functional test of the irrigation systems shall be performed to the satisfaction of the City Engineer prior to final approval of the grading. (4) A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem. (5) Adequate back flow protection devices shall be installed in each irrigation system. Such devices shall be protected against physical damage during construction operations. 20. Waiver Of Planting And Irrigation Requirements. The City Engineer may modify or waive the requirements for planting and/or irrigation systems if he/she finds that said requirements would be unreasonable or unnecessary for any of the following reasons: (a) the area is subject to periodic inundation, or (b) water is unavailable to the area such that irrigation would be impractical or impossible, or (c) the area is naturally devoid of vegetation. 21. General Construction Permit Requirements. Ordinance No. 2019- 18 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 242 of 449 a. Notice of Intent. Permittees required to comply with the State Construction General Storm Water Permit shall maintain on site and make available for inspection on request by the City any state -issued Waste Discharge Identification Number (WDID) for the site, and a copy of the Notice of Intent (NOI) filed with the State Water Resources Control Board (SWRCB) pursuant to that permit. b. Storm Water Pollution Prevention Plan. Permittees required to prepare a SWPPP under the State General Construction Storm Water Permit must prepare the Plan, implement the Plan and maintain it at the site, readily available for review. Failure to comply with an applicable state -required SWPPP is a violation of this Chapter. c. Facility Monitoring. Permittees required to conduct monitoring under the State Construction General Storm Water Permit must conduct such monitoring in conformance with requirements specified by the State, retain records of such monitoring on site, and make such records available for inspection by the City Engineer. 15.70.145 Grading fees. The plan review and permit fees shall be assessed in accordance with the current City of National City Fee Schedule. 15.70.146 Work commencing prior to permit issuance — Added. Any person who commences any work where an engineering permit is required prior to obtaining the necessary permits shall be subject to an administrative penalty fee equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The administrative penalty fee is in addition to a permit fee. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 15.70.150 Completion of work. Final approval shall not be given, grading securities shall not be released, and a notice of completion or certificate of use and occupancy shall not be issued, until all work, including installation of all drainage facilities and their protective devices, and all erosion -control measures have been completed in accordance with the final approved grading plan, and the required reports and the as -built plans have been submitted. 15.70.155 Rough grading permit. When grading is to be performed on a property for which no prior site development plans have been approved, and on which no other construction is proposed, the applicant shall obtain special approval of the City Engineer, as well as the principal planner for such grading. The rough -grading permit thus issued shall be subject to the special requirements of both the city engineer and the principal planner. 15.70.160 Parking lots. Existing or new parking lots, which are exempted from the requirements of a grading permit, shall be paved or resurfaced in accordance with an approved drainage plan. 15.70.165 Bonds. The city engineer shall require a surety bond in the amount of one hundred percent (100%) of the engineers' cost estimate to ensure that the work, if not Ordinance No. 2019- 19 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 243 of 449 completed in accordance with the approved plans and specifications, will be corrected to eliminate any potentially hazardous conditions. In lieu of a surety bond the applicant may file a cash deposit or instrument of credit with the city engineer in an amount equal to that which would be required in the surety bond. 15.70.170 Violation a misdemeanor. Any person who commences or does any grading in violation of this chapter is guilty of a misdemeanor. Every day that a violation of this chapter is committed, continued or permitted to exist is a separate violation, punishable as provided in this code. 15.70.175 Board of Appeals. In order to hear and decide appeals of orders, decisions, or determinations of the City Engineer relative to the application and interpretation of this code, the City Council shall appoint an ad hoc board of appeals comprised of three (3) members who are qualified by experience and training to pass judgment upon matters pertaining to building codes, regulations, and ordinances, and who are not employees of the City. Board members shall serve at the pleasure of the City Council. The Board shall comply with Rosenberg's Rules of Order in conducting their business, and shall render written decisions and findings to the appellant with a copy to the City Engineer. Decisions of the board may be appealed to the City Council by the appellant or by the City Engineer within thirty (30) days of the decision of the board, by the filing of a written notice of appeal with the City Engineer stating the reasons for the appeal. The person filing the appeal and the opposing party shall be given at least ten (10) days' notice of the time and place of the hearing on the appeal. PASSED and ADOPTED this day of , 2019 ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Alejandra Sotelo-Solis, Mayor Ordinance No. 2019- 20 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2019 Building Code Code (Grading) 244 of 449 ORDINANCE NO. 2019 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE, AND AMENDING SECTION 15.78.010 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2019 California Green Building Standards Code, California Code of Regulations Title 24, Part 11, establishing regulations to enhance building design and construction within the city. Section 2. The City Council of the City of National City amends Section 15.78.010 of the National City Municipal Code to read as follows: 15.78.010 2019 California Green Building Standards Code — Adopted. The City Council adopts and incorporates herein for the purpose of prescribing regulations for the reduction of negative impacts or increasing positive environmental impacts and encouraging sustainable construction practices, the 2019 California Green Building Standards Code, California Code of Regulations Title 24, Part 11. All construction of buildings shall be in conformance with the 2019 California Green Building Standards Code, except as otherwise provided by this chapter. PASSED and ADOPTED this day of , 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 245 of 449 ORDINANCE NO. 2019 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2019 CALIFORNIA MECHANICAL CODE, INCLUDING APPENDIX CHAPTERS A, B, C, D, E, F AND G, AMENDING CERTAIN SECTIONS OF THAT CODE, AND AMENDING CHAPTER 15.14 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City adopts the 2016 California Mechanical Code, including Appendix Chapters A, B, C, D, E, F and G, except as amended in Chapter 15.14 of the National City Municipal Code. Section 2. The City Council of the City of National City deletes, adds, or modifies certain provisions of the 2019 California Mechanical Code. Section 3. The City Council of the City of National City amends Chapter 15.14 of the National City Municipal Code to read as follows: CHAPTER 15.14 CALIFORNIA MECHANICAL CODE Sections: 15.14.005 2019 California Mechanical Code — Adopted. 15.14.015 Chapter 1, Division II, "Administration" — Adopted and amended. 15.14.020 Chapter 1, Division II, Section 103 "Powers and Duties of the Authority Having Jurisdiction," Subsection 103.4 "Right of entry" — Amended. 15.14.025 Chapter 1, Division II, Section 107 "Board of Appeals," Subsection 107.1 "General" — Amended. 15.14.030 Chapter 1, Division II, Section 106 "Violations and Penalties," Subsection 106.1 "General" — Amended. 15.14.035 Chapter 1, Division II, Section 104 "Permits," Subsection 104.4.3 "Expiration" — Amended. 15.14.040 Chapter 1, Division II, Section 104 "Permits," Subsection 104.4.7 "Permit denial" — Added. 15.14.045 Chapter 1, Division II, Section 104.5 "Fees" — Amended. 15.14.050 Chapter 1, Division II, Table 104.5 "Mechanical permit fees" — Deleted. 15.14.060 Chapter 1, Division II, Section 104 "Permits," Subsection 104.3.2 "Plan review fees" — Amended. 246 of 449 15.14.065 Chapter 1, Division II, Section 104.5 "Fees," Subsection 104.5.2 "Investigation Fees" — Amended 15.14.070 Chapter 1, Division II, Section 105 "Inspections and Testing," Subsection 105.2.6 "Reinspections" — Amended. 15.14.075 Appendix Chapters A, B, C, D, E, F and G — Adopted. 15.14.005 2019 California Mechanical Code — Adopted. The City Council adopts and incorporates herein as the National City Mechanical Code, for the purpose of prescribing in the City of National City, regulations governing the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration system, incineration or other miscellaneous heat producing appliance, in or on any building or structure or outdoors on any premises or property, the 2019 California Mechanical Code, including Appendix Chapters A, B, C, and D, California Code of Regulations Title 24, Part 4, except such portions as are deleted, added, or amended by this chapter. The City Council does specifically and expressly find and declare that the nature and uniqueness of the dry Southern California climate, and the geographical and topographical conditions in the City of National City, including the age and concentration of structures, and differences in elevation throughout the City, do reasonably necessitate and demand specific changes in and variations from the 2019 California Mechanical Code. Copies of all codes are filed in the office of the building official and are adopted and incorporated as if fully set out in this chapter, and the provisions thereof shall be controlling within the city limits. 15.14.015 Chapter 1, Division II, "Administration" — Adopted and amended. Chapter 1, Division II "Administration," of the 2019 California Mechanical Code is adopted subject to the additions, amendments and deletions provided in this Chapter. 15.14.020 Chapter 1, Division II, Section 103 "Powers and Duties of the Authority Having Jurisdiction," Subsection 103.4 "Right of entry" — Amended. Section 103.4 of the 2019 California Mechanical Code is amended to read as follows: 103.4 Right of entry. When necessary to make inspections to enforce any provision of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official, or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.14.025 Chapter 1, Division II, Section 107 "Board of Appeals," Subsection 107.1 "General" — Amended. Section 107.1 of the 2019 California Mechanical Code is amended to read as follows: 107.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this code, the City Council shall appoint an ad hoc Board of Appeals consisting of three (3) members who are qualified by experience and training to pass upon matters pertaining to Ordinance No. 2019- 2 Adopted: Amending NCMC Chapter 15.14 2019 Mechanical Code 247 of 449 mechanical system design, construction, and maintenance and the public health aspects of mechanical systems and who are not employees of the City. Board members shall serve at the pleasure of the City Council. The Board shall comply with Rosenberg's Rules of Order in conducting their business, and shall render written decisions and findings to the appellant with a copy to the Building Official. The Building Official shall take immediate action in accordance with the decision of the Board, unless such decision is appealed to the City Council. Decisions of the Board may be appealed to the City Council by the appellant or by the Building Official within thirty (30) days of the decision of the Board, by the filing of a written notice of appeal with the Director of Community Development stating the reasons for the appeal. The appellant and the opposing party shall be given at least ten (10) days' notice of the time and place of the hearing on the appeal. 15.14.030 Chapter 1, Division II, Section 106 "Violations and Penalties," Subsection 106.1 "Violations" — Amended. Section 106.1 of the 2019 California Mechanical Code is amended to read as follows: 106.1 General. Violations of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.14.035 Chapter 1, Division II, Section 104 "Permits," Subsection 104.3 "Expiration" — Amended. Section 104.3 of the 2019 California Mechanical Code is amended to read as follows: 104.4.3 Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within twelve calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after work has commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Building Official within twelve calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Building Official within each six month period upon commencement of work authorized by such permit. Before such work can be recommenced, a new permit or renewal permit is obtained, as specified below, shall first be obtained. 1. Permits where work was not commenced. For permits for which work has not commenced in the first twelve calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; Ordinance No. 2019- 3 Adopted: Amending NCMC Chapter 15.14 2019 Mechanical Code 248 of 449 C. The same edition of the adopted codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid, and E. The renewal permit shall expire three calendar years from the date of the initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of the new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permit where work was commenced. For permits where work was commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed to the point of requiring only a final inspection, a fee equal to one -quarter of the amount required for new permit shall be paid; and D. A renewal permit shall expire three calendar years from the date of the initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained, provided that: A. Construction in reliance upon the building permit has been commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; and C. A fee equal to the full amount required for a new permit is paid, except that where the Building Official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with sub -section 15.14.035.3 shall be one calendar year from the date of renewal. The permit may be renewed each calendar year thereafter provided that all requirements of Subsection A, B and C as stated in sub -section 15.14.035.3 are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of time within which work under that permit may be continued when for good and satisfactory reasons, as determined by the Building Official in his or her sole discretion, the permittee is Ordinance No. 2019- 4 Adopted: Amending NCMC Chapter 15.14 2019 Mechanical Code 249 of 449 unable to continue work within the time required by section 15.14.035. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action being taken. 5. Permits issued where the permittee has been deployed to a foreign country may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.14.040 Chapter 1, Division II, Section 104 "Permits," Subsection 104.4.7 "Permit denial" — Added. Section 104.4.7 of the 2019 California Mechanical Code is added to read as follows: 104.4.7 Permit denial. The Building Official may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.14.045 Chapter 1, Division II, Section 104.5 "Fees" — Amended. Section 104.5 of the 2019 California Mechanical Code is amended as follows: 104.5 Fees. Fees shall be assessed in accordance with the current City of National City Fee Schedule. 15.14.050 Chapter 1, Division II, Table 104.5 "Mechanical permit fees" — Deleted. Table 104.5 of the 2019 California Mechanical Code, "Mechanical Permit Fees," is deleted. 15.14.060 Chapter 1, Division II, Section 104.0 "Permits," Subsection 104.3.2 "Plan review fees" — Amended. Section 104.3.2, of the 2019 California Mechanical Code is amended as follows: Section 104.3.2 Plan review fees. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged in accordance with the current City of National City Fee Schedule. 15.14.065 Chapter 1, Division II, Section 104.5 "Fees," Subsection 104.5.2 "Investigation Fees "— Amended. Section 104.5.2 of the 2019 California Mechanical Code is amended to read as follows: Section 104.5.2 Investigation Fees. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by Ordinance No. 2019- 5 Adopted: Amending NCMC Chapter 15.14 2019 Mechanical Code 250 of 449 this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 15.14.070 Chapter 1, Division II, Section 105 "Inspections and Testing," Subsection 105.2.6 "Reinspections" — Amended. Subsection 105.2.6 of the 2019 California Mechanical Code is amended to read as follows: 105.2.6 Re -inspections. To obtain a re -inspection, the permittee shall pay the re -inspection fee in accordance with the current City of National City Fee Schedule. In instances where a re -inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.14.075 Appendix Chapters A, B, C , D, E, F and G — Adopted. Appendix Chapters A, B, C, D, E, F and G of the 2019 California Mechanical Code are adopted. PASSED and ADOPTED this day of , 2019. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Alejandra Sotelo-Solis, Mayor Ordinance No. 2019- 6 Adopted: Amending NCMC Chapter 15.14 2019 Mechanical Code 251 of 449 ORDINANCE NO. 2019 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2019 CALIFORNIA PLUMBING CODE AND TABLE 2902.1 OF THE 2019 CALIFORNIA BUILDING CODE, AMENDING CERTAIN SECTIONS OF THOSE CODES, AND AMENDING CHAPTER 15.20 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City adopts the 2019 California Plumbing Code and Table 2902.1 of the 2019 California Building Code, except as amended in Chapter 15.20 of the National City Municipal Code. Section 2. The City Council of the City of National City deletes, adds, or modifies certain provisions of the 2019 California Plumbing Code and Table 2902.1 of the 2019 California Building Code. Section 3. The City Council of the City of National City amends Chapter 15.20 of the National City Municipal Code to read as follows: CHAPTER 15.20 CALIFORNIA PLUMBING CODE Sections: 15.20.005 2019 California Plumbing Code — Adopted. 15.20.015 Chapter 1, Divisions I and II — Adopted and amended. 15.20.020 Chapter 1, Division II, Section 103 "Duties and Powers of the Authority Having Jurisdiction", Subsection 103.4 "Right of Entry" — Amended. 15.20.024 Chapter 1, Division II, Section 107 " Board of Appeals", Subsection 107.1 "General" — Amended. 15.20.025 Chapter 1, Division II, Section 102 "Organization and Enforcement", Subsection 102.5 "Penalties" — Amended. 15.20.027 Chapter 1, Division II, Section 104.5 "Fees", Subsection 104.5.1 "Work Commencing Before Permit Issuance" — Amended. 15.20.030 Chapter 1, Division II, Section 104 "Permits", Subsection 104.4.3 "Expiration" — Amended. 15.20.035 Chapter 1, Division II, Section 104 "Permits," Subsection 103.3.4 "Permit denial" — Added. 15.20.040 Chapter 1, Division II, Section 104 "Permits," Subsection 103.5 "Fees" — Amended. 15.20.042 Chapter 1, Division II, Section 104 "Permits," Subsection 104.6 "Placement of Permit — Added. 252 of 449 15.20.045 15.20.050 15.20.060 15.20.065 15.20.070 Chapter 1, Division II, Section 104 "Permits," Subsection 104.3.2 "Plan review fees" — Amended. Chapter 1, Division II, Section 105 105.2.6 "Reinspections" — Amende Chapter 1, Division II, Table 104.5 Chapter 1, Division II, Table 422.1 Deleted. "Inspections and Testing," Subsection d. "Plumbing permits fees" — Deleted. "Minimum plumbing facilities" — Table 2902.1 "Minimum number of required plumbing fixtures of the 2016 California Building Code" — Adopted. 15.20.005 2019 California Plumbing Code — Adopted. The City Council adopts, and incorporates herein as the city plumbing code, except as amended, deleted, or added by this chapter, for the purpose of prescribing in the City of National City, regulations governing the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any plumbing, gas, or drainage piping and systems or water heating or treating equipment in or on any building or structure or outdoors on any premises or property, the 2019 California Plumbing Code, including Administration Divisions I and II, California Code of Regulations Title 24, Part 5, and Table 2902.1 of the 2019 California Building Code. The City Council does specifically find and declare that the nature and uniqueness of the dry Southern California climate, and the geographical and topographical conditions in the City of National City, including the age and concentration of structures, and diferences in elevation throughout the City, do reasonably necessitate and demand specific changes in and variations from the 2019 California Plumbing Code. Copy of all codes are filed in the office of the building official and are adopted and incorporated as if fully set forth in this chapter, and the provisions shall be controlling within the city limits. 15.20.015 Chapter 1, Divisions I and II — Adopted and Amended. Chapter 1, Division I, "Administration" is adopted. Chapter 1, Division II, "Administration" is adopted, subject to the additions, amendments, and deletions contained in this chapter. 15.20.020 Chapter 1, Division II, Section 103 "Duties and Powers of the Authority Having Jurisdiction" Subsection 103.4 "Right of Entry" — Amended. Subsection 103.4 of the 2019 California Plumbing Code is amended to read as follows: 103.4 Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Building Official, or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.20.024 Chapter 1, Division II, Section 107 "Board of Appeals, Subsection 107.1 "General" — Amended. Subsection 107.1 of the 2019 California Plumbing Code is amended to read as follows: Ordinance No. 2019- 2 Amending NCMC Chapter 15.20 Adopted: 2019 Plumbing Code 253 of 449 107.1 General. In order to hear and decide appeals of orders, decisions, or determinations of the Building Official relative to the application and interpretation of this code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) of members who are qualified by experience and training to pass upon matters pertaining to plumbing design, construction, and maintenance, and the public health aspects of plumbing systems and who are not employees of the City. Board members shall serve at the pleasure of the City Council. The Board shall comply with Rosenberg's Rules of Order in conducting their business, and shall render written decisions and findings to the appellant with a copy to the Building Official. Decisions of the Board may be appealable to the City Council by the appellant or by the Building Official within thirty (30) days of the decision of the Board, by the filing of a written notice of appeal with the Director of Community Development stating the reasons for the appeal. The person filing the appeal and the opposing party shall be given at least ten (10) days' written (?) notice of the time and place of the hearing on the appeal. 15.20.025 Chapter 1, Division II, Section 106 "Violations and Penalties" Subsection 106.3 "Penalties" — Amended. Subsection 106.3 of the 2019 California Plumbing Code is amended to read as follows: 106.3 Penalties. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in_Chapter 1.20 of the National City Municipal Code. 15.20.027 Chapter 1, Division II, Section 104.5 "Fees", Subsection 104.5.1 "Work Commencing Before Permit Issuance — Amended. Subsection 104.5.1 of the 2019 California Plumbing Code is amended to read as follows: 104.5.1 Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 15.20.030 Chapter 1, Division II, Section 104 "Permits", Subsection 104.4.3 "Expiration" — Amended. Subsection 104.4.3 of the 2019 California Plumbing Code is amended to read as follows: 104.4.3 Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within twelve Ordinance No. 2019- 3 Amending NCMC Chapter 15.20 Adopted: 2019 Plumbing Code 254 of 449 calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Building Official within twelve calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Building Official within each six-month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; and E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; and D. A renewal permit shall expire three calendar years from the date of initial permit issuance. Ordinance No. 2019- 4 Amending NCMC Chapter 15.20 Adopted: 2019 Plumbing Code 255 of 449 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid except that where the Building Official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with subsection 15.20.030.3 shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of Subsections A, B, and C as stated in subsection 15.20.030.3 are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons, as determined by the Building Official in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.20.030. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.20.035 Chapter 1, Division II, Section 104 "Permits", Subsection 104.3.4 "Permit denial" — Added. Subsection 104.3.4 is added to the 2019 California Plumbing Code is to read as follows: 104.3.4 Permit Denial. The Building Official may deny the issuance of a plumbing permit on any property where there exists an unsafe or a substandard building as provided in the Chapters 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.20.040 Chapter 1, Division II, Section 104 "Permits", Subsection 104.5 "Fees" — Amended. Subsection 104.5 of the 2019 California Plumbing Code is amended to read as follows: Ordinance No. 2019- 5 Amending NCMC Chapter 15.20 Adopted: 2019 Plumbing Code 256 of 449 Section 104.5 Fees. Fees shall be assessed in accordance with the current City of National City Fee Schedule. 15.20.042 Chapter 1, Division II, Section 104 "Permits," Subsection 104.6 "Placement of Permit" — Added. Subsection 104.6 is added to the 2019 California Plumbing Code to read as follows: The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official. 15.20.045 Chapter 1, Division II, Section 104 "Permits", Subsection 104.3.2 "Plan review fees" — Amended. Subsection 104.3.2 of the 2019 California Plumbing Code is amended to read as follows: 104.3.2 Plan Review Fees. When a plan or other data are required to be submitted by 104.3.1, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for plumbing work shall be assessed in accordance with the current City of National City Fee Schedule. When plans are incomplete or changed so as to require an additional plan review fee, the fee shall be assessed in accordance with the current City of National City Fee Schedule. 15.20.050 Chapter 1, Division II, Section 105 "Inspections and Testing", Subsection 105.2.6 "Reinspections" — Amended. Subsection 105.2.6 of the 2019 California Plumbing Code is amended to read as follows: 105.2.6 Re -inspections. A re -inspection fee may be assessed for each inspection or re -inspection when any of the following occurs: 1. The portion of work for which the inspection was called is not complete or the corrections previously required and called for are not made; 2. Calling for an inspection before the job is ready for such inspection or re -inspection; 3. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 4. Failure to provide access on the date for which the inspection is requested; or, 5. Deviating from the approved plans when such deviation or change required approval of the building official. To obtain a re -inspection, the permittee shall file an application in writing on a form provided for that purpose and pay the re -inspection fee in accordance with the current City of National City Fee Schedule. In instances where a re - inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. Ordinance No. 2019- 6 Amending NCMC Chapter 15.20 Adopted: 2019 Plumbing Code 257 of 449 15.20.060 Chapter 1, Division II, Table 104.5 "Plumbing permits fees" — Deleted. Table 104.5 of Chapter 1, Division II of the 2019 California Plumbing Code, entitled "Plumbing Permit Fees", is deleted. 15.20.065 Table 422.1 "Minimum plumbing facilities" — Deleted. Table 422.1 of Chapter 4, of the 2019 California Plumbing Code, entitled "Minimum Plumbing Facilities", is deleted. 15.20.070 Table 2902.1 "Minimum number of required plumbing fixtures of the 2019 California Building Code" — Adopted. Table 2902.1 of the 2019 California Building Code is adopted. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number shown in Table 2902.1. Types of occupancies not shown in Table 2902.1 shall be considered individually by the Building Official. The number of occupants shall be determined by this code. Occupancy classification shall be determined in accordance with Chapter 3 of the 2019 California Building Code. PASSED and ADOPTED this day of , 2019. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Alejandra Sotelo-Solis, Mayor Ordinance No. 2019- 7 Amending NCMC Chapter 15.20 Adopted: 2019 Plumbing Code 258 of 449 ORDINANCE NO. 2019 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2019 CALIFORNIA RESIDENTIAL CODE, AMENDING CERTAIN SECTIONS OF THAT CODE, AND AMENDING CHAPTER 15.79 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2019 California Residential Code, California Code of Regulations, Title 24, Part 2.5, except as amended in Chapter 15.79 of the National City Municipal Code. Section 2. The City Council of the City of National City hereby amends, adds, and deletes certain sections of the 2019 California Residential Code consistent with their findings in 2013, under Ordinance No. 2013-2393. Section 3. The City Council of the City of National City amends Chapter 15.79 of the National City Municipal Code to read as follows: Sections: 15.79.010 15.79.025 CHAPTER 15.79 CALIFORNIA RESIDENTIAL CODE 2019 California Residential Code adopted. Chapter 1, Division II, Section R104 "Duties and Powers of the Building Official", Subsection R104.6 "Right of entry" — Amended. 15.79.030 Chapter 1, Division II, Section R105 "Permits", Subsection R105.2 "Work exempt from permit — Building" — Amended. 15.79.040 Chapter 1, Division II, Section R105 "Permits", Subsection R105.5 "Expiration" — Amended. 15.79.045 Chapter 1, Division II, Section R105 "Permits", Subsection R105.7 "Placement of permit" — Amended. 15.79.050 Chapter 1, Division II, Section R105 "Permits", Subsection R105.8.1 "Permit denial" — Added. 15.79.055 Chapter 1, Division II, Section R108 "Fees", Subsection R108.2 "Schedule of permit fees" — Amended. 15.79.060 Chapter 1, Division II, Section R108 "Fees", Subsection R108.6 "Work commencing before permit issuance" — Amended. 15.79.065 Chapter 1, Division II, Section R109 "Inspections", Subsection 109.3.1 "Reinspections" — Added. 15.79.070 Chapter 1, Division II, Section R110 "Certificate of Occupancy", Subsection R110.4 "Temporary occupancy" — Amended. 259 of 449 15.79.075 Chapter 1, Division II, Section R112 "Board of Appeals", Subsection R112.1 "General" — Amended. 15.79.076 Chapter 1, Division II, Section 112 "Board of Appeals," Subsection 112.4 "Administration" - Added 15.79.080 Chapter 1, Division II, Section R113 "Violations", Subsection R113.1 "Unlawful acts" — Amended. 15.79.082 Section 202 Definitions "Building Existing" — Amended. 15.79.085 Chapter 1, Division II, Section R319 "Site Addresses", Subsection R319.1 "Address identification" — Amended. 15.72.090 Chapter 1, Division II, Section R902 "Fire Classification", Subsection R902.1.3 "Roofing coverings in all other areas" — Amended. 15.79.095 Plan review fees. 15.79.010 California Residential Code adopted. The City Council adopts, for the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area, fire resistance and maintenance of one- and two-family dwellings and townhouses not more than three stories above grade, the 2019 California Residential Code, published by the California Building Standards Commission based on the International Residential Code 2018 Edition, including specified Appendices, including Administration Divisions I and II, California Code of Regulations Title 24, and Part 2.5 of the California Health and Safety Code beginning with Section 18901, and save and except such portions as are deleted, added, or modified based on the climatic, topographic, or geologic conditions. The City Council does specifically and expressly find and declare that the nature and uniqueness of the dry Southern California climate, and the geological and topographical conditions in the City of National City, including the age and concentration of structures, and differences in elevation throughout the City, do necessitate and demand specific changes in and variations from the 2019 California Residential Code. Copies of the codes are filed in the office of the building official, and are adopted and incorporated as fully set out in this chapter, and the provisions thereof shall be controlling within the city limits. 15.79.025 Chapter 1, DIVISION II, Section R-104 "Duties and powers of the "Building Official", Subsection R104.6 "Right of entry" — Amended. Subsection R104.6 of the 2019 California Residential Code is amended to read as follows: R104.6 Right of Entry. When necessary to make an inspection to enforce any of the provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction, or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.79.030 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.2 "Work exempt from permit - Building" — Amended. Chapter 1, DIVISION II, Subsection R105.2 Ordinance No. 2019 - 2 Adopted: Amending NCMC Chapter 15.79 2019 Residential Code 260 of 449 of the 2019 California Residential Code is amended by adding the following Subsections 11 through 14: 11. Playground, gymnastic and similar equipment and structures used for recreation and athletic activities accessory to Group R Division 3 structures. 12. Repairs to lawfully existing Group R Division 3 structures and Group U occupancy structures accessory to Group R Division 3 structures constructed pursuant to a building permit which involves only the replacement of component parts or existing work completed with similar materials only for the purpose of maintenance and do not affect any structural components or plumbing, mechanical or electrical installations. Repairs exempt from permit requirements shall not include any addition, change, or modification in construction, exit facilities or permanent fixtures or equipment. Specifically exempt from permit requirements are: A. Painting and decorating including refinishing of exterior stucco finishes. B. Installation of floor covering. C. Cabinet work. D. Outside paving on private property not within the public right-of-way. E Replacement of existing windows with no structural modification of the existing window opening. 13. Ground mounted satellite antennas not exceeding ten feet in diameter and roof mounted satellite antennas not exceeding eight feet in diameter. 14. Painted wall signs and styrofoam or other foam mounted wall signs. 15.79.040 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.5 "Expiration" — Amended. Subsection R105.5 of the 2019 California Residential Code is amended to read as follows: R105.5 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within twelve calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Authority Having Jurisdiction within twelve calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each six-month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. Ordinance No. 2019 - 3 Adopted: Amending NCMC Chapter 15.79 2019 Residential Code 261 of 449 1. Permits where work has not commenced. For permits for which work has not commenced in the first twelve calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; and E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; D. A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with subsection 15.70.040.3 shall be one calendar year from the date of renewal. The Ordinance No. 2019 - 4 Adopted: Amending NCMC Chapter 15.79 2019 Residential Code 262 of 449 permit may be renewed for each calendar year thereafter provided that all requirements of A, B, and C as stated in subsection 15.70.040.3 are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons, as determined by the Authority Having Jurisdiction, in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.79.040. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.79.045 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.7 "Placement of permit" — Amended. Subsection R105.7 of the 2019 California Residential Code is amended to read as follows: R105.7 Placement of permit. The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official. 15.79.050 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.8.1 "Permit denial" — Added. Subsection R105.8.1 is added to the 2019 California Residential Code to read as follows: R105.8.1 Permit denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in the Chapters 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.79.055 Chapter 1, DIVISION II, Section R108 "Fees", Subsection R108.2 — "Schedule of permit fees" — Amended. Subsection R108.2 of the 2019 California Residential Code is amended to read as follows: R108.2 Schedule of permit fees. Permit fees, including plan review fees, shall be assessed in accordance with the current City of National City Fee Schedule. Ordinance No. 2019 - 5 Adopted: Amending NCMC Chapter 15.79 2019 Residential Code 263 of 449 15.79.060 Chapter 1, DIVISION II, Section R108 "Fees", Subsection R108.6 "Work commencing before permit issuance" — Amended. Subsection R108.6 of the 2019 California Residential Code is amended to read as follows: R108.6 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 15.79.065 Chapter 1, DIVISION II, Section R109 "Inspections", Subsection 109.3.1 "Re -inspections" — Added. Subsection R109.3.1 is added to the 2019 California Residential Code to read as follows: R109.3.1 Reinspections. A reinspection fee may be assessed for each inspection or re -inspection when any of the following occurs: 1. The portion of work for which the inspection was called is not complete or the corrections previously required and called for are not made; 2. Calling for an inspection before the job is ready for such inspection or re -inspection; 3. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 4. Failure to provide access on the date for which the inspection is requested; or, 5. Deviating from the approved plans when such deviation or change required approval of the building official. To obtain a re -inspection, the permittee shall file an application in writing on a form provided for that purpose and pay the re -inspection fee in accordance with the current City of National City Fee Schedule. In instances where a re - inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.79.070 Chapter 1, DIVISION II, Section R110 "Certificate of Occupancy", Subsection R110.4 "Temporary occupancy" — Amended. Subsection R110.4 of the 2019 California Residential Code is amended to read as follows: R110.4. Temporary Certificate of Occupancy. Where a project or a major portion thereof is substantially complete and can be safely occupied, but practical difficulties delay completion of work, the building official may issue a Temporary Certificate of Occupancy for the use of a portion or portions of the building or structure prior to the completion of the entire project. Ordinance No. 2019 - 6 Adopted: Amending NCMC Chapter 15.79 2019 Residential Code 264 of 449 Prior to issuance of a Temporary Certificate of Occupancy, the premises shall be inspected by all affected city departments who shall prepare a list of work required to be completed and shall forward the list along with a recommendation for approval or disapproval of the issuance of a Temporary Certificate of Occupancy to the building official. Upon receipt of a recommendation for approval from all affected city departments. The building official may prepare a Temporary Certificate of Occupancy granting temporary occupancy that shall include the following: 1. Work yet to be completed; 2. Maximum time allotted for completion of said work; 3. Property owners signature and the signature of the contractor agreeing to complete the work within the prescribed time or vacate the premises upon order of the building official until such work is completed; 4. Evidence that a faithful performance bond has been posted if required by any affected city department; and 5. A copy of the Temporary Certificate of Occupancy granting temporary occupancy shall be provided to all affected city departments. 15.79.075 Chapter 1, DIVISION II, Section R112 "Board of Appeals", Subsection R112.1 "General" — Amended. Subsection R112.1 of the 2019 California Residential Code is amended to read as follows: R112.1 Board of Appeals. In order to hear and decide appeals of orders, decisions, or determinations of the Building Official relative to the application and interpretation of this code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members who are qualified by experience and training to pass judgment on matters pertaining to construction, and who are not employees of the City.Board members shall serve at the pleasure of the City Council. The Board shall comply with Rosenberg's Rules of Order in conducting their business, and shall render written decisions and findings to the appellant, with a copy to the Building Official. Decisions of the Board may be appealed to the City Council by the appellant or by the Building Official within thirty (30) days of the decision of the Board by the filing of a written notice of appeal with the Director of Community Development stating the reasons for the appeal. The person filing the appeal and the opposing party shall be given at least ten (10) days' written notice of the time and place of the hearing on the appeal. 15.79.076 Chapter 1, Division II, Section 112 "Board of Appeals," Subsection R112.4 "Administration" — Added. Subsection R112.4 of the 2019 California Residential Code is added to read as follows: R112.4 Administration. The Building Official shall take immediate action in accordance with the decision of the board, unless such decision is appealed to the City Council. Ordinance No. 2019 - 7 Adopted: Amending NCMC Chapter 15.79 2019 Residential Code 265 of 449 15.79.080 Chapter 1, DIVISION II, Section R113 "Violations", Subsection R113.1 "Unlawful acts" — Amended. Subsection R113.1 of the 2019 California Residential Code is amended to read as follows: R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.79.082 Section R202 "Definitions," "Building Existing" — Amended. Section R202 Definitions "Building, Existing" of the 2016 California Residential Code is amended to read: R202 Building, Existing. An "existing building" is a building erected prior to the adoption of the 2019 California Residential Code, or one for which a legal building permit has been issued. If more than fifty -percent of a structural roof or more than fifty -percent of all exterior walls are removed as part of a project, the building is not an existing building. 15.79.085 Chapter 1, DIVISION II, Section R319 "Site Addresses", Subsection R319.1 "Address Identification " — Amended. Subsection R319.1 of the 2019 California Residential Code is amended to read as follows: R319.1 Address Identification. Every principal building or structure within the incorporated limits of the City of National City shall be identified by a designated street number as issued by the National City Fire Department. Approved numbers or addresses shall be placed on all new and existing buildings, adjacent to the principal entrance to the premises or at a point that is highly visible and legible from the street. If necessary, directional signs shall be posted showing proper access to the given address from a point where the Fire Department access roadway leaves the dedicated street, to the entrance of each addressed building. All such numbers shall be Arabic numerals or alphabetical letters and shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inches (12.7mm), and shall be placed on a contrasting background. 15.72.090 Chapter 1, DIVISION II, Section R902 "Fire Classification", Subsection R902.1.3 "Roof Coverings in all other areas" — Amended. Subsection R902.1.3 of the 2019 California Residential Code is amended to read as follows: R902.1.3 Roof Coverings in all other areas. The entire roof covering of every existing structure where more than fifty percent (50%) of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of Ordinance No. 2019 - 8 Adopted: Amending NCMC Chapter 15.79 2019 Residential Code 266 of 449 the roof of every existing structure, shall be a fire -retardant roof covering that is at least Class B. 15.79.095 Plan review fees. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged in accordance with the current City of National City Fee Schedule. PASSED and ADOPTED this day of , 2019. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Alejandra Sotelo-Solis, Mayor Ordinance No. 2019 - 9 Adopted: Amending NCMC Chapter 15.79 2019 Residential Code 267 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 268 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 Chen Ryan Associates, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; 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. 268 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: (November 19, 2010 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 Chen Ryan Associates, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; community outreach and communications; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. PREPARED BY: Jose Lopez, PHONE: 1619-336-4312 EXPLANATION: See attached. sociate Civil Engineer DEPARTMENT: APPROVED BY: Engineering/Public Works 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: l4dopt Resolution executing an Agreement with Chen Ryan Associates, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. BOARD / COMMISSION RECOMMENDATION: N/f ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution LOU of 4491 Explanation: National City's Capital Improvement Program (CIF') 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 Chen Ryan Associates, Inc, for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; community outreach and communications. 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. 270 of 449 AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CHEN RYAN ASSOCIATES, INC. THIS AGREEMENT is entered into on this 19th day of November, 2019, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CHEN RYAN ASSOCIATES, Inc., a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP); WHEREAS, on May 1, 2019, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on June 10, 2019, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is an engineering and planning firm; and WHEREAS, based on evaluation of the CONSULTANT SOQ and interview, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide on -call CIP project support services for the CITY, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on November 19, 2019. The duration of this Agreement is for the period of November 19, 2019 through November 18, 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. 271 of 449 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to: project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; and, community outreach and communications. The CONSULTANT will be expected to submit proposals for individual task orders in a timely mariner, consistent with the general scope of services described in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time -and - materials basis, consistent with the detailed scope of work, and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, City Engineer/Director of Public Works, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Matt Capuzzi, P.E., Project Manager, thereby is designated as the Project Director for the CONSULTANT. 5, COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $2,000,000. The compensation for the CONSULTANT's work shall not exceed the rates set forth in Exhibit "B". The CITY will not accept 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 Chen Ryan Associates 272 of 449 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 Chen Ryan Associates 273 of 449 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 Chen Ryan Associates 274 of 449 reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, the CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligence, recklessness, or willful misconduct in the performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. Standard Agreement Page 5 of 12 Revised May 2019 Chen Ryan Associates City of National City and 275 of 449 The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. A. PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR's employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. B. Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. C. Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or Standard Agreement Page 6 of 12 City of National City and Revised May 2019 Clien Ryan Associates 276 of 449 recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall naive 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 Revised May 2019 Chen Ryan Associates City ofNational City and 277 of 449 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 ofNational City and Revised May 2019 Chen Ryan Associates 278 of 449 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: Matt Capuzzi, P.E. Project Manager 3900 Fifth Avenue, Suite 310 San Diego, CA 92103 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication Standard Agreement Page 9 of 12 Revised May 2019 Chen Ryan Associates City of National City and 279 of 449 sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. Standard Agreement Page 10 of 12 Revised May 2019 Chen Ryan Associates City ofNational City and 280 of 449 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. HI Ill Standard Agreement Page 11 of 12 City ofNational City and Revised May 2019 Chen Ryan Associates 281 of 449 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 CHEN RYAN ASSOCIATES, INC. (Corporation— signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: (Name) (Print) (Title) By: (Name) (Print) (Title) Standard Agreement Page 12 of 12 City of National City and Revised May 2019 Chen Ryan Associates 282 of 449 EXHIBIT A CHENA;, RYA\N '0' City of National City 0 a.r.::.'`,.'OJECT SUPPORT SERVICES COVER LETTER 1 1 / Cover Letter June 10, 2019 Roberto Yano, PE, Deputy City Engineer City of National City Engineering & Public Works Department 1243 National City Boulevard National City, CA 91950 CALIFORNIA NATIONAL cap :.3 y - t1ycORPORATSD Re: On -Call Project Support Services for National City's Capital Improvement 'rogram Dear Roberto Yano: We applaud the City of National City for your forward -thinking vision that has, and continues to, strengthen transportation choices, improve and revitalize public facilities, and enhance the quality of life for National City residents. Being selected as an awardee for multiple grants over the past decade is evidence of the City's effective and innovative planning efforts, and is something to be celebrated. From our past and current work for the City, we know first hand that in order to successfully complete the projects envisioned over the life of this contract a comprehensive consulting team with the experience, expertise, and immediate availability will be needed. Chen Ryan Associates has assembled this team. Our local complete/green streets knowledge and experience is unmatched. Chen Ryan staff have delivered an extensive list of award -winning active transportation projects and we are excited for the opportunity to continue partnering with you to implement your vision. Therefore, we are pleased to submit our proposal to the City of National City. The Chen Ryan team offers the following benefits: LOCAL AND EFFECTIVE Chen Ryan Associates is based in San Diego and will perform all project work from our San Diego location. We have strengthened our in-house team with highly qualified subconsultant partners. In developing our team, we focused on depth and flexibility in order to provide you expertise in the wide variety of services we know will be required on your complex, multi -disciplinary projects. Additional detailed descriptions of these firms and their qualifications are included in the proposal. We have an unparalleled and in-depth understanding of the City's ambition to implement mobility enhancements as our team members have assisted the City in recently delivering an extensive list of professional services. We are currently working on a number of task orders through our As -Needed Engineering contract with your Public Works department, some of which includes: the Sweetwater Road Protected Bikeway Project, the 24th Transit -Oriented Development Street Overlay, and the City's SSARP Safety Analysis. PROVEN AND RESPONSIVE CONTRACT MANAGER Multi -modal complete/green streets and park projects are my passion. Over the last decade I have worked almost exclusively as a project manager providing preliminary design, environmental, final design, and construction period services for active lifestyle and green streets projects in San Diego County. As contract manager, I will be your point of contact during the delivery of this On -Call, ensuring the overall quality and timeliness of all project deliverables. I pride myself on my responsiveness to client needs and encourage you to contact our references to learn firsthand about the attention and quality you will receive working with our team. CONTENTS 1. Cover Letter 2- Executive Summary 3. Contact Information 4. Familiarity with Local Environments 2-3 4-5 6 7 5. Experience and Technical 8-44 Competence 6. Grants Management 45.46 7. Financial Management & Accounting Systems Additional Informatio p 2 283 of 449 CHEN am RYAN City of National City ON -CALL PROJECT SUPPORT SERVICES COVER LETTER Furthermore, our team offers the following benefits: Unified Integration The members of our team were selected for their experience with similar on -call contracts and their availability to serve you on this contract. Proven Approach Our team of veteran task order managers and technical discipline leads will be assigned to direct each given task based on the project type and size. This allows our contract manager to be involved in all assignments, while the respective task order managers provide day-to- day management for each individual task order. This approach puts our resources to work for you proficiently and cost -efficiently, while balancing the demands of rigorous schedules on concurrent task orders. Flexibility We will propose a task delivery team for each given task and partner with your respective project manager to ensure they agree with the proposed team prior to beginning work. Value Engineering and Quality Our team will provide the various professional services that will be required throughout this contract. This means effective peer review, quality control, depth of experience, and value engineering that will allow our team to identify and execute the most effective approach for you. We have assembled a comprehensive team that can support the City under the following disciplines as defined in the RFQ: Engme� n,.:_I Pl,r ing.& Design 11aiiiC `- ictt it C�.arT�r111„i "it�;lI O Engineering Project Management T.r -is c.rtItir=, .i PI :, ai` Chen Ryan is dedicated to innovative and cost-effective service, keeping projects within budget and on schedule. As contract manager, I will be your main point of contact during the delivery of this contract, ensuring the overall quality and timeliness of all deliverables while maintaining responsive to all client needs. Sincerely, Matt Capuzzi, PE Contract Manager 3900 Fifth Avenue, Suite 310 ° San Diego, CA 92103 619.795.6086 mcapuzzi@chenryanmobility.com Monique Chen, PE Principal 3900 Fifth Avenue, Suite 310 San Diego, CA 92103 619.318.4664 mchen@chenryanmobility.com p 3 284 of 449 CHEN ■ s RYAN ':' City of National City ON -CALL PROJECT SUPPORT SERVICES EXECUTIVE SUMMARY 2 / Executive Summary Since our establishment in 2011, Chen Ryan Associates, Inc. has presented a fresh vision for transportation planning and engineering in Southern California. Our approach is built upon the multi -dimensional experiences of our staff. We understand the quality -of - life and health benefits of integrated transportation/ land use planning, smart growth, accessibility, and active transportation. Chen Ryan is committed to developing transportation systems and creating mobility improvements that enhance and support vibrant and sustainable communities. We offer specialized expertise in the areas of transit and complete streets design, ADA accessibility, bicycle/pedestrian planning and design, civil and traffic engineering, multi -modal design and analysis, transportation planning/land use & smart growth planning, traffic operations and simulation, and safe routes to school and transit design. Our experience and capabilities in these areas allow us to take on a wide range of municipal projects, bringing strong technical expertise combined with practical experience in a variety of environments and applications. CHEN RYAN ASSOCIATES, INC. BUSINESS TYPE: California 5 Corporation PRINCIPAL OWNERS: Monique Chen, President Matthew Capuzzi, Principal Our proposed Contract Manager, Matt Capuzzi, PE, has spent the vast majority of his career designing and leading, multimodal, municipal development, and complete street projects in San Diego County. His experience spans all phases of project delivery including conceptual design, preliminary engineering, and final design. Matt has led many projects through the critical early stages of environmental analysis and the crucial implementation stages of bid and construction. Matt also has first-hand knowledge of what it takes to carry out a federally funded projects. ) PROFESSIONALS YOU KNOW AND TRUST Our team includes local professionals that have worked collaboratively with the City for many years. We understand the most recent innovative design guidelines available to implement complete streets projects, have an intimate understanding of the latest storm water design standards, and are cite e aa:r a :; e ua1 of your community into a more `,, ,,,q?a city that provides safe transportation choices When you select a consultant for this contract, you are really selecting the people that will provide the right combination of relevant experience, technical competence, passion for the project, and skill in successful delivery with quality and detail. Our assembled team includes experienced engineers, planners, and architects with highly successful track records of completing projects for public agencies. 0 WHY SELECT THE CHEN RYAN 'TEAM? Our local team is excited about the opportunity to grow our relationship with National City. Our team provides: A hands-on contract manager. You can rest assured that Matt Capuzzi will be readily available, reliable, and accountable throughout all phases of each task order assigned to our team. Responsiveness, Local Knowledge, Relationships. The Chen Ryan team can serve as an extension of your staff, as we have done for you in the past. We understand the local, technical, and political challenges that impact your constituents. Team of local experts. Our local team features proven specialty subconsultants who have worked with us on numerous previous projects. Experienced grant writers. Our team has successfully helped the City acquire and manage millions of dollars of transportation grant funding and look forward to continuing this partnership with you. 285 of 449 EXHIBIT B CHEN *RYAN On -Call Project Support Services for National City's Capital Improvement Program (CIP) Rate Schedule Effective through December 31, 2022 Classification Billing Rate per Hour Principal $260.00 Senior Professional II $225.00 Senior Professional I $205.00 Professional II $185.00 Professional I $162.00 Analyst $130.00 Support Staff $90.00 Direct expenses such as but not limited to printing and reproductions, travel expenses, deliveries, materials, shipping, postage, etc. will be invoiced at cost. 3900 5th Avenue, Suite 310 I San Diego, CA 92103 I (619) 795-6086 www.ChenRyanMobility.com 286 of 449• CC/CDC-HA Agenda 11/19/2019 — Page 287 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 Kimley-Horn and Associates, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; 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. 287 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 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 Kimley-Horn and Associates, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; community outreach and communications; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. PREPARED BY: Jose Lopez,/ PHONE: ,619-336-43121 EXPLANATION: See attached. ., Associate Civil Engineer DEPARTMENT: jEngineering/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: lAdopt Resolution executing an Agreement with Kimley-Horn and Associates, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. BOARD / COMMISSION RECOMMENDATION: NI/ ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution; 288 of 4491 Explanation: National City's Capita! 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 Kimley-Horn and Associates, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; community outreach and communications. 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. 289 of 449 AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND KIMLEY-HORN AND ASSOCIATES, INC. THIS AGREEMENT is entered into on this 19th day of November, 2019, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and KIMLEY-HORN AND ASSOCIATES, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP); WHEREAS, on 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 planning 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, TIIEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide on -call CIP project support services for the CITY, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on November 19, 2019. The duration of this Agreement is for the period of November 19, 2019 through November 18, 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. 290 of 449 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; community outreach and communications. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services described in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a.Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time -and - materials basis, consistent with the detailed scope of work, and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, City Engineer/Director of Public Works, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Roberto Ruiz-Salas, P.E., Contract 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 Kimley-Horn 291 of 449 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 Kitnley-Horn 292 of 449 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 I(imley-Horn 293 of 449 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 ICimley-[Torn 294 of 449 The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. A. PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR's employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. B. Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. C. Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or Standard Agreement Page 6 of 12 City of National City and Revised May 2019 Kimley-Horn 295 of 449 recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor. laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. F. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY' s Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: Standard Agreement City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 Page 7 of 12 City of National City and Revised May 2019 ICimley-IIorn 296 of 449 I�. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. Standard Agreement Page 8 of 12 City ofNational City and Revised May 2019 Kimley-Horn 297 of 449 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: Roberto Ruiz-Salas, P.E. Contract Manager 401 13 Street Suite 600 San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication Standard Agreement Page 9 of 12 City of National City and Revised May 2019 Kimsey -Horn 298 of 449 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 Govermnent Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. Standard Agreement Page 10 of 12 Revised May 2019 Kinney -Born City of National City and 299 of 449 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. T. 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. /1i 1/1 Standard Agreement Page 11 of 12 City of National City and Revised May 2019 Kimley-Horn 300 of 449 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: IKIMLEY-HORN AND ASSOCIATES, INC. (Corporation — signatures of two corporate officers required) By: (Name) (Print) (Title) Angil P. Morris -Jones City Attorney By: (Name) By: Roberto M. Contreras Deputy City Attorney (Print) (Title) Standard Agreement Page 12 of 12 City ofNational City and Revised May 2019 Kimley-Horn 301 of 449 STATEMENT OF QUALIFICATIONS (SOO) FOR On -Cali Project Support for NATIONAL CITY'S Capital Improvement Program (CIP) COVER LETTER June 10, 2019 Roberto Yano, P.E., Deputy City Engineer City of National City, Engineering & Public Works Department 1243 National City Boulevard National City, CA 91950 Re: Statement of Qualifications for On -Call Project Support Services for National City's Capital Improvement Program (CIP) Dear Mr. Yano and Members of the Selection Committee: EXHIBIT A� - CALIP 00KlA - NATIONAL CfTy lazy -.. 401 B Street Suite 600 San Diego, California 92101 TEL 619.234.9411 With its commitment to improve the quality of life for its residents, its relentless dedication for the implementation of a comprehensive transportation network, and its creativity for obtaining infrastructure funding, the City of National City has demonstrated the impact that a "small" city can have through the implementation of CIP projects. For nine years, our team has had the pleasure of partnering with the City on many transformative and award -winning projects. While we remain impressed by the incredible successes that your CIP has achieved for the region in a relatively short time, we can't help but get excited for what the future holds and the many opportunities to further transform the City. We strongly feel that our team provides the commitment and services the City needs for a continued partnership to help you achieve goals such as: continued momentum securing grant funds (identifying programs and competitive projects), enhancing safety for people who rely on alternative modes, moving the needle on redevelopment and increased affordable housing, and ongoing maintenance of existing infrastructure. We have been your familiar "one -stop shop" for engineering, project management, grants management, community outreach, and more since early 2010. The large list of projects completed together includes parks, creeks, utilities, public works yards, water quality basins, complete streets, and active transportation projects. As projects have been completed, the Public Works Department's priorities have shifted, and we have adapted our services to evolve with you. Part of our success relies on our intentionality and flexibility to bring the right team and key staff to every project. I, Roberto Ruiz- Salas, P.E., will continue to serve the City as your Contract Manager, providing day-to-day coordination with your staff. To assist me, I will continue to rely on Jennifer Koopman, P.E. and Leo Espelet, P.E., T.E. as key team members with a long working relationship with the City and deep understanding of the City's needs. The rest of our team includes familiar subconsultants the City trusts, as well as new partners the City may need down the line such as Kounkuey Design Initiative, Inc., a community development and design nonprofit that can offer fresh ideas to the City. As your Contract Manager, I am excited to continue being your partner in the effort of enhancing the quality of life in the City of National City, and I am enthusiastic about the work that lies ahead. If you have any questions about our submittal, please contact me at 619.744.0155, roberto.ruizsalas@kimley-horn.com, or at the address listed above. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. -./ Roberto Ruiz-Salas, P.E., Contract Manager Kimley>» Hon 302 of 449 STATEMENT OF QUALIFICATIONS (500) FOR On -Call Project Support for - °"i'°°"»'" NATIONAL CITY'S NATIONAi. city Capital Improvement Program (MP)`41.221- EXECUTIVE SUMMARY Our team is proud of our longstanding partnership with National City and would be honored to continue serving you on this on -call contract. Through this proposal we will highlight the nearly decade -long relationship between Kimley-Horn and National City consisting of award -winning projects, successful grant applications, and noteworthy milestones. The timeline on the following page highlights some milestone moments since our first interaction in 2008. The key to our successful partnership has been our capacity to evolve with the City's needs; we want to continue the evolution of services we offer so we can pursue new ventures with the City. Through this contract, we not only want to continue offering the services that have made us successful in the past—i.e., preparing construction documents for CIP projects, grant writing, community outreach, and utility coordination —but we also want to propose services that will be beneficial in the coming years such as updating the City's Housing Element, helping create more affordable housing, updating the City's Pavement Management Plan, creating new community gathering spaces, introducing mobility hubs, and more. Kimley-Horn has had success with these services with other agencies, like the City of Encinitas, MTS, and the San Diego County Regional Airport Authority. To fully support the City in your upcoming endeavors, we have curated a specialized team of experts to support you. Our team will be led by a familiar face —Roberto Ruiz- Salas, P.E. Roberto has worked alongside you on several important City projects, and will continue to serve as your dedicated Contract Manager and main point of contact. Roberto will oversee a group of experienced Task Order Managers that will be assigned to lead specific tasks based on the project type and size. With Roberto onboard, you can rest easy knowing that your projects will be designed and managed by someone who shares the same level of enthusiasm to make National City a wonderful place to live, work, and play as you do. l In addition to our internal team, we have partnered with trusted subconsultants that have been part of our National City team in the past: Aark Engineering, Inc. will complement our in-house structural engineering team, Leighton Consulting, Inc. will provide geotechnical studies, Platt/Whitelaw Architects, Inc. will be our Architect, and Sampo Engineering, Inc. will provide survey services. Additionally, we have included new subconsultants that will add a fresh perspective to our project approach and provide reliable services to the City: Kounkuey Design Initiative, Inc. has transformed under-resourced communities by offering creative ideas for street use; San Dieguito Engineering, Inc. and AirX Utility Surveyors will work with our team to complete utility research; and Rincon Consultants, Inc. will help work through the environmental process of projects. Many of our partners are DBE certified, helping us meet necessary goals when delivering federally -funded projects. National City deserves a consultant who has a deep understanding of your local enviornment and shares your vision for the future. And, most importantly, has the tools and resources to deliver. Kimley-Horn is your partner. City of National City I GMOC80018.19 4 Kimley>>)Horn 303 of 449 STATEMENT OF QUALIFICATIONS (SOQ) FOR On -Call Project Support for V CALIOGNMIA NATIONAL cITY'S NATIONAL CITY Capital Improvement Program (CIP) EXPERIENCE AND TECHNICAL COMPETENCE A. DISCIPLINES OF INTEREST Civil Engineering Structural Engineering Electrical Engineering Traffic Engineering Traffic Signal Communications Infrastructure and Systems Integration Traffic Data Collection Transportation Planning Architecture Landscape Architecture ADA Compliance and Universal Design Graphic Information Systems (GIS) Utility Design and Coordination Land Surveying Geotechnical Environmental Planning, Design, and Engineering Environmental Compliance o Planning and Design © Community Outreach Engineering and Project Management Grants Management Capital Needs Assessments and Asset Management Housing and Real Estate Development Services B. STAFFING PLAN, QUALIFICATIONS OF STAFF AND AVAILABILITY Staffing Plan The Kimley-Horn team will continue to provide key personnel and resources to serve the City in the delivery of your CIP. Our past experiences working with the City demonstrate our flexibility to meet the City's needs. To supplement our team, we have partnered with specialized subconsultants who are highly experienced in working on similar CIP projects. Many of our key personnel and teaming partners assigned to this contract have functioned in similar positions on past contracts with the City. Roberto Ruiz-Salas, P.E. will serve as your overall Contract Manager. He will be the City's primary point of contact and will oversee the preparation of construction documents; coordinate with City, State, and other affected agencies; and approve submittals. Roberto's work with the City's staff provides him with a thorough understanding of City procedures, and makes him uniquely qualified to meet the City's needs. Roberto will be supported by a familiar internal "Core Team" that includes Dennis Landaal, P.E. (Principal -in -Charge), Jennifer Koopman, P.E. (QC/QA; Grants Task Order Manager; English Public Outreach); Leo Espelet, P.E., T.E. (Traffic Task Order Manager; Spanish Public Outreach); and Sam McWhorter, P.E. (Water/Utilities Task Order Manager). Since 2011, this core team has successfully delivered a wide range of projects in the City. While we strive to keep our core team consistent, we are part of an office with more than 100 highly qualified engineers, professionals, and support staff focused on meeting the needs of local agencies and private development clients in San Diego. In addition, we have access to over 3,600 people in 89 offices nationwide to add technical expertise or staff demands during periods of high workload and short delivery times. Our team looks at workload on a weekly, monthly, and six-month basis to ensure we have the right staff for the job. City of National City I GM0080018.19 9 Kimley »> Horn1 304 of 449 EXHIBIT B Kimley>>>Horn On -Call Project Support Services For National City's Capital Improvement Program (CIP) Rate Schedule Effective October 2, 2019 to December 31, 2022 Classification Hourly Bill Rate* Sr. Professional II $320 Sr. Environmental Planner $260 Sr. Professional I $260 Professional II $230 Professional I $195 Analyst II $170 Analyst I $155 Support Staff $130 *Rates will be escalated 5% for each optional contract year Other Direct Costs: Outside Printing/Reproduction, Delivery Services/USPS, Misc. Field Equipment/Supplies, and Travel Expenses will be billed. Mileage will be billed at the Federal Rate. 305 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 306 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 NV5, Inc. for a not -to -exceed amount of $2,000,000 to provide on - call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; land surveying; environmental assessments; geotechnical; construction support; community outreach and communications; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. (Engineering/Public Works) Please scroll down to view the backup material. 306 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 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 NV5, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; land surveying; environmental assessments; geotechnical; construction support; community outreach and communications; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. PREPARED BY: Jose Lopez, P.E., Associate Civil Engineer PHONE: 619-336-4312 EXPLANATION: See attached.1 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: lAdopt Resolution executing an Agreement with NV5, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. BOARD 1 COMMISSION RECOMMENDATION: N/AI ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution'; I 307 of 449 Explanation: National City's Capital Improvement Program (CIP) estimates approximately $80 million in capital needs over the next five years. Projects include, for example, corridor enhancements for traffic calming, pedestrian / bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low - Impact Development (LID) measures for treatment of urban storm water runoff; drought tolerant landscaping; facilities improvements; and park amenities. In order to successfully design, manage and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services on May 1, 2019. Additional services requested via the RFQ include, for example, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, housing and real estate development services, Building Department support services, and environmental compliance involving storm water, wastewater and hazardous materials. The RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Information Session regarding the RFQ process on May 14, 2019 at the MLK Jr. Community Center, which was attended by over 100 people. The Department received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 deadline. Copies of the SOQs received are available in the Office of the City Engineer. Based on the strength of their SOQ, interview and past performance, staff recommends executing a three-year Agreement (with the option to extend for two, one year extensions) with NV5, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructabifity reviews; and surveying; environmental assessments; geotechnical; construction support; community outreach and communications. See Exhibit "A" for general scope of work and Exhibit "B" for schedule of fees. Services will be provided "as -needed" based on available funding and capital priorities. In addition, staff recommends authorizing the City Manager to execute any project - specific supplemental agreements, as may be required for grant funded projects. These supplemental agreements would reference the terms and conditions of the attached master on -call Agreement, while incorporating additional project -specific grant requirements for use of consultant support services. Authorization to accept and appropriate grant funds, and execute grant agreements with the awarding agency (e.g. Caltrans, SANDAG, etc.) would still require separate City Council action. 308 of 449 AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND NV5, INC. THIS AGREEMENT is entered into on this 19th day of November, 2019, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and NV5, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP); WHEREAS, on May 1, 2019, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on June 10, 2019, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is an engineering, planning, and construction management firm; and WHEREAS, based on evaluation of the CONSULTANT SOQ and interview, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide on -call CIP project support services for the CITY, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on November 19, 2019. The duration of this Agreement is for the period of November 19, 2019 through November 18, 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. 309 of 449 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; land surveying; environmental assessments; geotechnical; construction support; community outreach and communications. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services described in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time -and - materials basis, consistent with the detailed scope of work, and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, City Engineer/Director of Public Works, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Cynthia Peraza, P.E., Project Manager, thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $2,000,000. The compensation for the CONSULTANT's work shall not exceed the rates set forth in Exhibit "B".The CITY will not accept CONSULTANT "mark-ups" for services provided by SUBCONSULTANTS. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. Standard Agreement Page 2 of 12 . Revised May 2019 NV5 City of National City and 310 of 449 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 Revised May 2019 Page 3 of 12 City of National City and NV5 311 of 449 CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT's obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any Standard Agreement Page 4 of 12 City of National City and Revised May 2019 NV5 312 of 449 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 NV5 313 of 449 The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. A. PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR's employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. B. Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, andsubcontractors are entitled for performance of any work under this Agreement: Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. C. Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or Standard Agreement Page 6 of 12 City of National City and Revised May 2019 NV5 314 of 449 recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy, D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primacy 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 NV5 315 of 449 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. Standard Agreement Page 8 of 12 City of National City and Revised May 2019 NV5 316 of 449 D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello City Engineer/Director of Public Works Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Cynthia Peraza, P.E. Project Manager 15092 Avenue of Science Suite 200 San Diego, CA 92128 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication Standard Agreement Page 9 of 12 City of National City and Revised May 2019 NV5 317 of 449 sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. Standard Agreement Page 10 of 12 City of National City and Revised May 2019 NV5 318 of 449 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 terns 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 11l Standoff" Agreement Page 11 of 12 City of National City and Revised May 2019 NV5 319 of 449 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 NV5, INC. (Corporation —signatures of two corporate officers required) By: (Name) (Print) (Title) By: (Name) (Print) (Title) Standard Agreement Page 12 of 12 City of National City and Revised May 2019 NV5 320 of 449 EXHIBIT A June 10, 2019 City of National City Attn: Roberto Yano, P.E. Deputy City Engineer Engineering and Public Works Department 1243 National City Boulevard National City, CA 91950 N V 5 SUBJECT: On -Call Project Support Services for National City's Capital Improvement Program Dear Mr. Yano, The City of National City (City) is seeking professional consultants to provide on -call project support services for the City's Capital Improvement Program (CIP). Successful completion of these critical projects requires a partner who will not only support the projects the City is aware of, but a partner who can look at each project holistically and provide real world solutions and cost effective designs. NV5 brings extensive relevant experience, knowledge of the City and local environment, and a vision that supports the City's ultimate project goals. NV5 has assembled a team with an unmatched level of knowledge and experience to be this partner to the City. NV5 has been proud to support the City through providing services as an extension of City staff and we wish to continue working with the City by providing the following tangible benefits: UNPARALLELED LOCAL KNOWLEDGE AND TECHNICAL RESOURCES: NV5 has maintained an office in San Diego for over 40 years where we have developed a long-established history working throughout San Diego County. This longevity coupled with our overall experience allows us to provide an exceptionally strong understanding of local agency regulations, policies, and permitting requirements that will help to facilitate the project process. Additionally, our team members have delivered a variety of projects to the City for nearly a decade. This depth of collaboration has allowed us to become highly familiar with the City's approach to projects, your stakeholders, and your ultimate project goals. NV5 has also continued to expand their technical portfolio, now including UAV (drone) services, environmental, utility design, mechanical and electrical engineering. AN EXPERIENCED TEAM YOU KNOW AND CAN RELY ON: As a firm NV5 has over five years of experience delivering projects for the City, and our project manager has nearly ten. Our Project Manager, Phil Kern, PE will provide proactive project management of your on -call assignments. Phil's years of experience delivering projects to the City and ability to look ahead will continue to provide cost savings and other benefits to the City. IN DEPTH EXPERTISE IN ON -CALL CONSULTING: NV5 is a leader in providing on -call consulting to public agencies, having performed these services for more than 50 agencies throughout California including the cities of National City, Imperial Beach, Chula Vista and Carlsbad; the counties of Imperial and San Diego; and the San Diego County Regional Airport Authority to name a few. Through this work, we have learned that capacity, clear communication, strong project management skills and technical excellence are the keys to success for projects of all sizes and complexities. NV5 has the depth of resources, strong working relationships, and stability to be your on -call engineering consultant, assuring your projects are completed cost effectively, promptly, with accountability, and with the highest level of quality. Please feel free to contact Phil Kern at 619.609.8122 or phil.kern@nv5.com if you should need any further information. Sincerely, NV5, Inc. armen Kasner, PE Regional Managing Director P# 27519-0003453.00 Phil Fern, PE Project Manager 15092 Avenue of Science, Suite 200 I San Diego, CA 92128 I www.NV5.com I Office 858.385.0500 I Fax 858.385.04 CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL 321 of 449 NV5 TABLE OF CONTENTS Executive Summary 2 Contact Information 3 Familiarity with Local Environment 3 Experience and Technical Competence 4 Grants Management 36 Financial Management + Accounting Systems38 2. EXECUTIVE SUMMARY NV5 is interested in working with the City to provide on -call services in support of your CIP. Our goal in preparing this proposal is to convey our abilities to you - the management skills, technical resources and value from our team member's experience and our extensive history of providing on -call services that we bring to this opportunity. CONTACT INFORMATION NV5 is a California Corporation providing engineering services since the firm's founding in 1949. Our San Diego office, opened in 1969, is a leader in providing value added services to public and private agencies throughout southern California. Our Project Manager, Phil Kern, PE will be the main point of contact and maintains an impressive track record delivering tasks to the City on -time and within budget through existing on -call contracts. FAMILIARITY WITH LOCAL ENVIRONMENT During NV5's 40 years in San Diego, we have successfully developed long-established working history with agencies throughout San Diego County. This experience provides us with an unmatched understanding of local regulations, design standards, and best management practices that we employ with each project we deliver to our clients. Over the past decade, our team members have established positive working relationships with City staff and are intimately familiar with City operations, stakeholders, and overall community goals. We pride ourselves in remaining deeply invested in our clients' goals from project inception to completion. EXPERIENCE AND TECHNICAL COMPETENCE NV5 is a leader in providing on -call services to private and public agencies, having performed on -call and as -needed services for more than 50 agencies throughout California for the past 40 years. We understand that staffing capacity, clear communication, strong project management skills and technical excellence are the keys to efficient and effective on -call contracts and we will bring all of these skills to meet your needs. We understand that flexibility and responsiveness are critical in order to ramp up or down based upon conditions. Our firm is structured to provide staff on very short turnaround times responding to rapidly changing priorities and project needs. NV5 has demonstrated through our on -call contracts that we are quick to respond with the correct team to solve any issue. We have provided detailed samples demonstrating our past experience providing these services in the Experience and Technical Competence Section of this qualifications package. GRANTS MANAGEMENT NV5's grant writing and administration team prepares and manages grants for county, city and agencies throughout southern California. Our efforts have included working with our clients to identify overall project needs, developing a project scope and budget, obtaining data, performing surveys and traffic counts and obtaining and letters of support. We have successfully secured over $13M in funding for our clients, please see details provided in the Grants Management section on page 37. FINANCIAL MANAGEMENT & ACCOUNTING SYSTEM As a publicly held consulting firm, NV5 has to meet exacting standards when it comes to our financial management and accounting systems. We have well -established systems in place to successfully manage any and all task orders that may come out of this on -call contract. Our Deltek Vision accounting system provides real-time cost reporting. On -Call Project Support Services for National City's CIP NV5.1 322 of 449 NVS 5. EXPERIENCE & TECHNICAL COMPETENCE Propo.-3 )d r j',9r;•,n`.�,u NV5 utilizes state-of-the-art design tools and our highly proficient design staff, to turn innovative approaches into practical solutions. As a full -service engineering firm that brings a team approach to every project, we have the capability and resources to complete every project on -time and within budget. CIVIL ENGINEERING (INCLUDES STREETS AND SEWER INFRASTRUCTURE) ✓ Grading and Drainage Design ✓ Roadway Design ✓ Agency Permitting ✓ Transit Engineering ✓ Hydrology/Hydraulics/Drainage ✓ Floodplain Studies and Modeling ✓ SWPPP Preparation ✓ Wastewater Collection System Design ✓ Public Improvements ✓ Parking Facilities ✓ Cost Estimating ✓ Development Review ✓ Site Remediation ✓ "Green Streets" Design and SWQMP Preparation STRUCTURAL ENGINEERING ✓ Foundation Design ✓ New Bridge Design ✓ Bridge Widening Design ✓ Bridge Retrofit Design ✓ Caltrans Coordination and Processing ✓ Retaining Wail Design ✓ Sound Wall Design ✓ PS&E including Agency Permitting ✓ Independent Structural Review ✓ Foundation Design (Overhead Structures) Our clients look to us to find the best solutions to minimize paperwork hurdles and regulatory impacts, to provide them with designs that compliment facility aesthetics, and to solve all of the all of the civil, structural, survey and inspections challenges. We are highly interested in providing professional services to the City within the following disciplines: MECHANICAL. ELECTRICAL & PI.1IVMBING ENGINEERING ✓ HVAC Equipment Selection/Design ✓ Energy Modeling ✓ Life -Cycle Cost Analysis ✓ Energy Studies/Audits ✓ Control Systems/Instrumentation Design ✓ Control System Optimization ✓ Conceptual Designs ✓ LEED Consulting ✓ LEED Commissioning ✓ Energy Master Planning ✓ Title-24 Compliance Analysis ✓ Energy Retrofits ✓ Variable Flow Chilled Water Systems ✓ Displacement Ventilation Systems UTILITY DESIGN & COORDINATION (INCLUDES RULE 20A UNDERGROUNDING & JOINT TRENCH) ✓ Construction Plan and Profile Drawings ✓ Construction Support ✓ As -Built Plan Updates ✓ Mitigation Design ✓ Complete Construction Package ✓ PLS-CADD Overhead Design ✓ As -Built Surveying ✓ Overhead Damper Analysis ✓ Attachment Strength Analysis V. Coordination with existingSCADA Facilities On -Call Project Support Services for National City's CIP NV5.COM 14 323 of 449 1 VS TRAFFIC ENGINEr.Pr.'' ✓ Signing and Striping Plans ✓ Traffic Impact Studies ✓ Traffic Signal Design ✓ Street Lighting Plans ✓ Traffic Control Plans ✓ Traffic Data Collection ✓ Fiber Optic and Communications Design ✓ Systems Integration ✓ Virtual Traffic Management Centers ✓ Transportation Planning ARCHITECTURAL. SERVICES ✓ Building Design ✓ Permitting • Concept Design ✓ Code Reviews ✓ Accessibility Reviews/Compliance ✓ Cost Estimating LANDSCAPE ARCM TECTURE ✓ Park Design • Urban Planning/Renewal ✓ Viewshed Analysis ✓ Streetscape Design ✓ Irrigation Plans ✓ Xeriscape Design LAND SURVEYING & RIGHT-OF-WAY DOCUMENTATION ✓ Utility Surveying ✓ Topographic Design/Site Surveying ✓ Construction Staking ✓ Photogrammetry ✓ Record of Survey Maps ✓ Preparation of Legal Descriptions ✓ CADD Mapping ✓ As-Builts ✓ Forensic Surveying ✓ Subsidence Monitoring V Wire Sag Studies ✓ LiDAR and High Definition Surveying (HDS) V Right -of -Way Surveying/Acquisition • ALTA/Boundary Survey and Mapping GEOTECHNICAL ENGINEERING (INCLUDES SOILS & MATERIALS TESTING) ✓ Special Inspections ✓ Forensic Studies ✓ Construction Materials Testing ✓ Geotechnical Engineering ✓ Foundation Studies ✓ Failure Analysis ENVIRONMENTA.I. PUNNu\N-3, DESIGN & COMPLIANCE ✓ Environmental Documents ✓ CEQA/NEPA ✓ Resource Agency Consultations ✓ Wetlands Delineations ✓ Environmental Technical Studies ✓ Resource Permitting ✓ Impact Assessments ✓ Remediation Plans ✓ Hazardous Materials Assessments ✓ Phase I/II ESAs ✓ Air Quality/Noise/Biological/Cultural Studies CONSTRUCTION MANAGEMENT & INSPECTIONS ✓ Public Works Inspections ✓ Constructability Reviews • Certified Payroll/Labor Compliance ✓ Construction Management ✓ Specialty Inspections ✓ Value Engineering Reviews ✓ Code Compliance COMMUNITY OUTREACH/DEVELOPMENT ✓ Bilingual Public Meetings and Facilitation ✓ Branding and Communications On -Call Project Support Services for National Citys CIP NV5.COM ( 5 324 of 449 NVS ✓ Speech Writing and Project Spokesperson ✓ Informational Materials ✓ Newspaper Articles ✓ Agency and Special Interest Group Meetings ✓ Report Writing/Graphic Design ✓ Stakeholder and Public Officials Briefings ✓ Website Design ✓ Stakeholder List and Tracking ENGINEERING & PROJECT MANAGEMENT ✓ Technical Analyses ✓ Preliminary Engineering Studies ✓ Project Tracking - PS&E ✓ QA/QC ✓ Constructability Reviews ✓ Bid Package Preparation ✓ Preparation of Record Drawings ✓ Site Evaluations ✓ Reports and Presentations ✓ PS&E ✓ Plan/Map Reviews ✓ Value Engineering GRANT NIANAGr-7M i ✓ Research of Grant Opportunities ✓ Quarterly Progress Reports ✓ Preparation and Management of Grant Applications ✓ Schedule of Deliverables ✓ Outreach/Educational Events SEWER SYSTEM MANAGEMENT ✓ Financial Administration ✓ Tax Roll Preparation ✓ Annual Sewer User Billing ✓ Cost Sharing Analysis CAPITAL, i i. 4 r3:L 12;S ESSMENTS & ASSE-i MANAGEMENT ✓ Geographic Information Systems (GIS) ✓ Financial Analyses ✓ Reports and Presentations - Evaluation of City Infrastructure, Parks and Facilities ✓ Cost Estimates • Phasing/Sequencing ✓ Right -of -Way Acquisition ✓ Appraisals One of the keys to successful delivery of projects through on -call and as -needed contracts is the proper allocation of resources, both from a technical specialty perspective and a production perspective. For this contract with the City we are prepared to dedicate the talents of registered engineers, licensed land surveyors and seasoned technical experts in more than ten disciplines, many of whom have previous experience working with National City: ✓ Civil Engineering (includes streets and sewer infrastructure) ✓ Structural Engineering ✓ Mechanical Engineering ✓ Electrical Engineering ✓ Traffic Engineering ✓ ADA Compliance ✓ Geographic Information Systems (GIS) ✓ Utility Design & Coordination (includes Rule 20A Undergrounding & Joint Trench) ✓ Land Surveying (perform field surveying prepare plat & legal descriptions) ✓ Geotechnical (includes Soils & Materials Testing) ✓ Environmental Engineering, Planning & Design ✓ Construction Management & Inspections (includes Certified Payroll) ✓ Plan and Map Reviews ✓ Constructability Reviews ✓ Grant Applications and Management ✓ Capital Needs Assessment and Asset Management One of the principal reasons for our success on on -call contracts is that technical or specialty resources are identified and allocated when the On -Call Project Support Services for National City's CIP NV5.COM 16 325 of 449 EXHIBIT B National City Charge Rates Effective 7/1/19 - 12/31/22 NVS Office: Technical Services Engineering Aide/Planning Aide $75.00/hour Project Assistant $100.00/hour Project Administrator $125.00/hour CADD Technician I $110.00/hour CADD Technician II $135.00/hour CADD Technician III $140.00/hour Senior CADD Technician/Designer $150.00/hour Design Supervisor $165.00/hour Plan Check Services $155.00/hour Conditions of Approval Development $180.00/hour Professional Junior Engineer/Planner/Surveyor $115.00/hour Assistant Engineer/Planner/Surveyor $140.00/hour Associate Engineer/Planner/Surveyor $165.00/hour Senior Engineer/Planner/Surveyor $180.00/hour Manager $190.00/hour Structural Engineer $195.00/hour Associate $205.00/hour Principal $220.00/hour Sr. Principal $250.00/hour Field Construction Management* Office Administrator $91.00/hour Junior Field Engineer $122.00/hour Assistant Field Engineer $144.00/hour Construction Inspector $151.00/hour Associate Field Engineer $157.00/hour Senior Field Engineer $164.00/hour Construction Manager (Registered Engineer) $180.00/hour Sr. Construction manager $198.00/hour Surveying* 1-Person Survey Crew (GPS) (Robotic) $190.00/hour 1-Person Survey Crew $151.00/hour 2-Person Survey Crew $260.00/hour 3-Person Survey Crew $345.00/hour Survey Manager $197.00/hour GIS Analyst $160.00/hour Expenses Plotting and In -House Reproduction 1.10 x Cost Subsistence 1.10 x Cost Mileage - Outside Local Area Per Accepted IRS Rate *Field service rates for Construction Management and Surveying are based on the Prevailing Wage determination by the Department of Industrial Relations. Construction Management and Surveying rates are 326 of 449 NV5 expected to be adjusted in the near future. When the new rates are published, the rates for these services will be adjusted accordingly. Keze Group �_�= Effective Through 7/1/19 GROUP LLC Principal $198.00/hour 327 of 449 o® '4 CERTIFICATE OF LIABILITY INSURANCE IY DATE(MMIDDYYY) 4/1 a/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego CA 92101 NAMEACT Certificate Department PHONE FAX (A1c, No. Ext): 619-744-0574 WC. No): 619 234 8601 ADDRESS: certificates@cavignac.com INSURERS) AFFORDING COVERAGE NAIL # INSURER A: Valley Forge Insurance Company 20508 INSURED NV51NC0-01 NVS, Inc. 15092 Avenue of Science, Suite 200 San Diego, CA 92128 INSURER Es: Continental Casualty Co. 20443 INSURERC: Continental Insurance Company 35289 INSURERD: National Fire Ins. Hartford 20478 INSURER E : Berkley Insurance Company 32603 INSURER F COVERAGES CERTIFICATE NUMBER: 33182721 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD WVD POLICY NUMBER PMIDDYYFF {MM1DDlYYYYI PM/DDIYOLICY EXP {MMlODlYYYY} LIMITS A X COMMERCIAL GENERAL LIABILITY Y 6057040530 5/1/2019 5!1/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $15,000 X Cross Liab/Sevin X $0 Deductible PERSONAL & ADV INJURY $ 1,000,000 GENT AGGREGATE X LIMIT APPLIES JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 Stop Gap Liability $ 1,000,000 B AUTOMOBILE ___ X LIABILITY ANY AUTO ALL OWNED AUTOIREDSAUTOS SCHEDULED AUTOS NON -OWNED AUTOS Y Y 6057040575 511/2019 5/1/2020 COMBINED SINGLE LIMIT accident) $ 1,000.000 _(Ea BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUE6076054554 5/1/2019 5/1/2020 EACH OCCURRENCE $ 20,000,000 AGGREGATE $ 20,000,000 $ DED X RETENT ON t0 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Yf N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A Y WC6057040558 5/1/2019 5/1/2020 X I STATUTE I, 1 OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 E Professional/ Pollution Liability AEC902912003 5/1/2019 5/1/2020 Each Claim $10,000,000 Aggregate $20,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS !VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: ID number. Additional Insured coverage applies to General Liability and Automobile Liability for The City of National City, its elected officials, officers, agents, employees and volunteers per policy form. Waiver of subrogation applies to Automobile Liability, and Workers Compensation per policy form. Professional Liability - Claims made form, defense costs included within limit. If the insurance company elects to cancel or non -renew coverage for any reason other than nonpayment of premium Cavignac & Associates will provide 30 days notice of such cancellation or nonrenewa€. CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Boulevard National City CA 91950-4397 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 328 of 449 CNA CNA71526XX (Ed. 10/12) 00020007560570405758532 ADDITIONAL INSURED ENDORSEMENT - CONTRACTUAL OBLIGATION It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization AS REQUIRED BY CONTRACT 1. Paragraph A.1. Who Is An Insured of Section II — LIABILITY COVERAGE is amended to include as an additional insured the person or organization scheduled above, but only if you are required by "written contract" to make that person or organization an additional insured under this policy. 2. The insurance provided to the additional insured is limited as follows: a. The person or organization is an additional insured only with respect to "bodily injury" or "property damage" arising out of a covered "auto" and caused by your negligent acts or omissions or the negligent acts or omissions of someone, other than the additional insured, for whom you are legally liable. b. The person or organization is not an additional insured for the person or organization's own acts or omissions, nor those of anyone, other than you, for whom the person or organization is legally liable. c. We will not provide the additional insured any broader coverage or any higher limit of liability than the least that is: (1) Required by the "written contract"; or (2) Afforded to you under this policy. 3. Condition 2. Duties In the Event of Accident, Claim, Suit or Loss of Section IV — BUSINESS AUTO CONDITIONS is amended to add the following conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: a. Give us written notice of an "accident" which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; b. Agree to make available any other insurance the additional insured has for a loss we cover under this policy; c. Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit"; and d. Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this policy. But if the "written contract" requires this insurance to be primary and non-contributory, this provision d. does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a "suit." 4. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured under this policy, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to the accident for which the additional insured seeks coverage under this policy. CNA71526XX (10/12) Page 1 of 2 Insured Name: NV5 GLOBAL, INC . Policy No: 6057040575 Endorsement No: Effective Date: 05 / 01 /2 019 Copyright CNA All Rights Reserved. 329 of 449 CNA71526XX (Ed. 10/12) All other terms and conditions of the Policy remain unchanged. Material used with permission of ISO Properties, Inc CNA71526XX (10/12) Page 2 of 2 Insured Name: NV5 GLOBAL, INC. Policy No: 6057040575 Endorsement No: Effective Date: 05/01/2018 Copyright CNA All Rights Reserved. 330 of 449 POLICY NUMBER: 6057040575 COMMERCIAL AUTO CA04440310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: NV5 Global, Inc Endorsement Effective Date: 05/01/2018 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE SUCH RIGHT OF RECOVERY IN A WRITTEN CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 03 10 Copyright, Insurance Services Office, Inc., 2009 Page 1 of 1 331 of 449 CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO I5 AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX (10-16) Policy No: 6 05704 053 0 Page 1 of 2 Effective Date: 05/01/2019 Insured Name: NV5 Global , Inc Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 332 of 449 CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Page 2 of 2 Policy No: 6057040530 Effective Date: 05/01/2019 Insured Name: NV5 Global, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 333 of 449 Policy No: 6057040530 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. 334 of 449 DNA Policy No. WC6057040558 Workers' Compensation This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is Blanket Waiver of Subrogation Percentage Charge%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Endorsement Effective Date: 05/01/2019 Policy No: 6057040558 NV5 Global, Inc., NV5, Inc. Copyright CNA All Rights Reserved. 335 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 336 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 HDR, Inc. for a not -to -exceed amount of $2,000,000 to provide on - call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; civil engineering; plan reviews; constructability reviews; construction support; long-range planning; grants management; 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. 336 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEL 1. 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 HDR, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; civil engineering; plan reviews; constructability reviews; construction support; long-range planning; grants management; community outreach and communications; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. PREPARED BY: Jose Lopez, PHONE: 619-336-4312 EXPLANATION: See attached. , Associate Civil Engineer DEPARTMENT: APPROVED BY: Engineering/Public Works 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 HDR, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. BOARD / COMMISSION RECOMMENDATION: N/I ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution s i OT 4z1.1 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 and interview, staff recommends executing a three- year Agreement (with the option to extend for two, one year extensions) with HDR, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management; civil engineering; plan reviews; constructability reviews; construction support; long-range planning; grants management; 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. 338 of 449 AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND HDR, INC. THIS AGREEMENT is entered into on this 19th day of November, 2019, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and HDR, INC., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP); WHEREAS, on 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 planning firm; and WHEREAS, based on evaluation of the CONSULTANT SOQ and interview, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide on -call CIP project support services for the CITY, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on November 19, 2019. The duration of this Agreement is for the period of November 19, 2019 through November 18, 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. 339 of 449 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, project management; civil engineering; plan reviews; constructability reviews; construction support; long-range planning; grants management; community outreach and communications. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services described in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time -and - materials basis, consistent with the detailed scope of work, and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, City Engineer/Director of Public Works, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Alex Yescas, Contract 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 Revised May 2019 HDR City of National City and 340 of 449 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 HDR 341 of 449 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 Revised May 2019 I•IDR City ofNational City and 342 of 449 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 CTTY 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 HDR 343 of 449 The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. A. PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR's employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. B. Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. C. Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or Standard Agreement Page 6 of 12 City of National City and Revised May 2019 HDR 344 of 449 recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT' s employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: Standard Agreement City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 Page 7 of 12 City of National City and Revised May 2019 HDR 345 of 449 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. Standard Agreement Page 8 of 12 City of National City and Revised May 2019 NOR 346 of 449 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: Alex Yescas Contract Manager 591 Camino de la Reina Suite 300 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, demand, request or communication sent. Any notice, request, demand, direction or other communication Standard Agreement Page 9 of 12 City of National City and Revised May 2019 HDR 347 of 449 sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. Standard Agreement Page 10 of 12 Revised May 2019 HDR City ofNational City and 348 of 449 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. HI Ill Standard Agreement Page 11 of 12 City of National City and Revised May 2019 HDR 349 of 449 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 HDR, INC. (Corporation — signatures of two corporate officers required) By: (Name) (Print) (Title) By: (Name) (Print) (Title) Standard Agreement Page 12 of 12 City of National City and Revised May 2019 HDR 350 of 449 hdrinc.com EXHIBIT A Roberto Yano, P.E. Deputy City Engineer City of National City, Engineering & Public Works Department 1243 National City Boulevard, National City, CA 91950 RE: On -Call Project Support Services for National City's Capital Improvement Program (CIP) Dear Selection Committee Members, The City of National City (City) faces unique challenges when maintaining and operating its storm drain, wastewater, and public works facilities. These challenges include minimizing critical asset failures due to aging infrastructure and maintaining full regulatory compliance. The City operates with differing OP needs, which demands a well -managed, experienced, technically knowledgeable, and creative team that excels in a wide array of engineering services. The HDR Engineering, Inc. (HDR) team is ready to meet these challenges! We have a long, successful history of working on projects in the region, and this history has helped create a solid team that will efficiently integrate with City staff while delivering projects on time, within budget, and with uncompromising quality. The HDR Team has a proven track record of delivering successful engineering projects locally. Our Contract Manager, Alex Yescas, PE, CFM, ENV SP, has developed over 300 tasks orders for various On -Call contracts with the City, City of San Diego, City of El Cajon, City of Chula Vista, City of Coronado, City of Carlsbad, County of San Diego and the California Department of Water Resources. Because Alex routinely manages simultaneous task orders with varying technical disciplines he knows how to meet your schedules and budget. Alex has supported the City through complex challenges, both technically and with funding constraints, and has delivered for the City. Alex delivered the City's Sewer Group 1 trunk sewer upsizing along Plaza BI and National City BI, including emergency response to the Paradise Creek sewer break and has assisted the City in attaining over $1M in grant funding for flood mitigation along Paradise Creek. He knows how to carry out projects for the City staying within the budget and schedule, including winning numerous projects of the year for the City. Supporting Alex is a proven team of professionals experienced in successfully delivering projects of varying size and complexity. Our team brings the following benefits to the City: • Superior technical skills and historical knowledge of the City's infrastructure • Local experts in Condition Inspection and Assessment Management to help rehabilitate your storm drain and wastewater collection system in a cost effective prioritized approach; • Efficient scopes, meeting grant schedules, and realistic budgets —our commitment is efficiency and cost savings for the City! We know you because we have worked with you. Our experience builds on our past and present working relationships with the City, positioning our team to apply technical innovation, coordination between engineering and operations, and build on trust for long-term success. Our team's successful projects, such as the As -Needed Condition Inspection and Assessment contracts we have held in San Diego and our City of San Diego Pure Water design, attests to our ability to perform both complex engineering tasks as well as provide specialty technical support. The City of San Diego trusted HDR to carry out the most important pipeline project in the City of San Diego's history - we will provide you with the same high-level of service to you. We offer the right mix of professionals to manage numerous tasks simultaneously, allowing us to deliver reports, designs and data that you can use to effectively communicate with City Council and provide safe, reliable and affordable services to your customers. HDR is proud to submit our qualifications for the following disciplines: Civil Engineering, Environmental Planning, Design, and Engineering, Environmental Compliance, Planning and Design, Engineering and Project Management, Sewer System Management, Traffic Engineering, and Transportation Planning. Sincerely, HDR Engirrezring, Inc. i Aaron Meilleur, PE Alex Yescas, CFM, ENV SP Vice President Contract Manager 591:Camino de la Reina, Suite 300, San Diego, CA 92108-3104 T 858,712.8400 F 858,712.8333 351 of 449 City of National City I Executive Summary I-YZ On -Call Project Support Services for National City's Capital Improvement Program (CIP) EXECUTIVE SUMMARY HDR has assembled a proven team of professionals experienced in successfully delivering projects of varying size and complexity. The Team has a proven track record of delivering successful on -call engineering projects. Our team brings the following benefits to the City: Local Superior technical skills and historical knowledge of the City's utilities • Proven experience managing and responding to similar projects while serving as an extension of your staff • Efficient scopes, meeting schedules, and realistic budgets —our commitment is efficiency and cost savings for the City! • Alex Yescas and Scott Humphrey have a long-standing history on delivering projects successfully for the City Local and Ready to Go Reliable and Responsive: Established more than 100 years ago, HDR is reliable and will be there for you. Innovation and Technology Fresh ideas stem from collaboration; we will work with you to develop new and innovative solutions As -Needed Experience Our team's successful projects attest to our ability to perform both routine engineering tasks, as well as provide specialty technical support, such as vibration testing, water membrane treatment analysis, and knowledge transfer. Technical Expertise We offer the right mix of professionals to manage numerous tasks simultaneously, allowing us to deliver reports, designs, and data that you can use to effectively communicate with your management, justify projects to City Council, and provide safe, reliable, and affordable services to your customers. We Will Tailor our Approach to Meet Your Goals and Objectives • Task Order Execution: When you present us a task order, our contract manager, Alex Yescas, will work with you to understand the needs and engage the right task leader(s) and staff, so we can properly scope and execute the task order. • Communication: Our key staff will regularly communicate with you through face-to-face meetings, field visits, telephone calls, and emails. You will have access to us 24/7 to support you during emergencies, such as the Paradise Creek Sewer line that ruptured, Alex was on -site within 20 minutes provide guidance to Jeff Rouston and Don Jasmund on the repair. • Collaboration: We will provide you regular status summaries of each task, which will highlight work completed, upcoming work to be completed in the next 30 days, and any issues that need immediate resolution. We Know Your Systems and Stakeholders • Knowledge Transfer: We will transfer our years of hands-on utility work and expertise with the City allowing new staff and young engineers to retain City history through lessons learned at close-out of each Task Order. • Institutional Knowledge: Using our comprehensive understanding of the City's policies, procedures, and requirements, we will adhere to the strict standards and local codes, so you can have confidence that the deliverables are accurate. hdrinc.com 352 of 449 Water & Natural Resources Engineering HDR ENGINEERING, INC. Southern California Operations STANDARD CHARGES FOR PROFESSIONAL SERVICES Effective September 1, 2019 to December 31, 2022 Raw Rate Fringe Rate Overhead Fully 10% Profit From/to 49.14% Rate 106.30% Burdened From/To From/To From/To From/To Sr. Company Officer/Principal in Charge $124 - $156 $62 - $77 $134 - $167 $320 - $400 $32 - $41 Sr. Construction Manager $78 - $100 $39 - $50 $85 - $108 $202 - $258 $21 - $26 Sr. Engineer Mgr/Sr. Project Manager $105 - $131 $52 - $65 $113 - $141 $270 - $337 $27 - $34 Technical Manager $103 - $124 $51 - $62 $110 - $134 $264 - $320 $27 - $32 Project Manager/Task Manager $75 - $101 $37 - $50 $80 - $108 $192 - $259 $20 - $26 Sr. Project Engineer $70 - $94 $35 - $47 $76 - $101 $181 - $242 $19 - $25 Construction Inspection $68 - $92 $34 - $46 $74 - $99 $176 - $237 $18 - $24 Database Programmer $64 - $85 $32 - $43 $69 - $92 $165 - $220 $17 - $22 Supervising Engineer $59 - $81 $30 - $41 $64 - $87 $153 - $209 $16 - $21 CADD/BIM/Designer $50 - $72 $26 - $37 $55 - $79 $131 - $188 $14 - $19 Project Engineer $42 - $68 $21 - $34 $46 - $74 $109 - $176 $11 - $18 Project Accountant $38 - $65 $20 - $33 $42 - $71 $100 - $169 $11 - $17 Project Administrator $35 - $59 $19 - $30 $40 - $64 $94 - $153 $10 - $16 Document Production Specialist $33 - $56 $18 - $28 $38 - $60 $89 - $144 $9 - $15 EIT $31 -$52 $16-$27 $34-$58 $81 -$137 $9-$14 Technician $26 - $46 $13 - $24 $28 - $50 $67 - $120 $7 - $13 Intern $21 - $35 $11 - $19 $23 - $40 $55 - $94 $6 - $10 Environmental QAQC $121 - $135 $61 - $67 $130 - $144 $312 - $346 $32 - $35 Environmental Project Manager $52 - $88 $27 - $44 $57 - $95 $136 - $227 $14 - $23 Senior Biologist $70 - $86 $35 - $43 $76 - $93 $181 - $222 $19 - $23 Associate Biologist $52 - $70 $27 - $35 $57 - $76 $136 - $181 $14 - $19 Biologist $34 - $52 $18 - $27 $38 - $57 $90 - $136 $10 - $14 Senior Environmental Planner $70 - $86 $35 - $43 $76 - $93 $181 - $222 $19 - $23 Associate Environmental Planner $52 - $70 $27 - $35 $57 - $76 $136 - $181 $14 - $19 Environmental Planner $34 - $52 $18 - $27 $38 - $57 $90 - $136 $10 - $14 Senior Archaeologist $60 - $67 $31 - $34 $65 - $72 $156 - $173 $16 - $18 Archaeologist $28 - $38 $14 - $20 $30 - $42 $72 - $100 $8 - $10 GIS Analyst $52 -$70 $27 - $35 $57 - $76 $136 - $181 $14 - $19 Rate Breakdown Fringe = 49.14% Overhead= 106.4% Profit = 10% Reimbursable Expenses Vehicle Mileage = $0.58 per mile (or per IRS Regulations) Outside Services (mark-up): Subconsultants 0% Printing * Outside Reproduction * Equipment Rental * Shipping/Postage * These are project -by -project decisions EXHIBIT B Fully Burdened From/To 09/01/19- 12/31 /20 Fully Burdened From/To 01/01/21- 12/31 /21 Fully Burdened From/To 01/01/22- 12/31/22 $352 - $441 $363 - $454 $374 - $468 $223 - $284 $230 - $293 $237 - $302 $297 - $371 $306 - $382 $315 - $393 $291 - $352 $300 - $363 $309 - $374 $212 - $285 $218 - $294 $225 - $303 $200 - $267 $206 - $275 $212 - $283 $194 - $261 $200 - $269 $206 - $277 $182 - $242 $187 - $249 $193 - $256 $169 - $230 $174 - $237 $179 - $244 $145 - $207 $149 - $213 $153 - $219 $120-$194 5124-5200 5128-5206 $111 -$186 $114-$192 $117-$198 $104-$169 $107-$174 $110-$179 $98-$159 $101 -$164 $104-$169 890-5151 893-5156 596-8161 $74 - $133 $76 - $137 $78 - $141 $61 -$104 $63-$107 565-8110 $344 - $381 $354 - $392 $365 - $404 $150 - $250 $155 - $258 $160 - $266 $200 - $245 $206 - $252 $212 - $260 $150 - $200 $155 - $206 $160 - $212 $100-$150 $103-$155 8106-5160 $200 - $245 $206 - $252 $212 - $260 $150 - $200 $155 - $206 $160 - $212 $100-$150 $103-$155 8106-5160 8172-5191 $177-$197 8182-5203 $80-$110 $82-$113 $84-$116 $150 - $200 $155 - $206 $160 - $212 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. Name Kip D. Field Title Vice President 9/25/19 Signature Date 353 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 354 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 STC Traffic, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CEP), including, but not limited to, project management; traffic engineering; transportation planning; traffic signal communications infrastructure and systems integration; plan reviews; constructability reviews; construction support; grants management; 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. 354 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 20191 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 STC Traffic, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; traffic engineering; transportation planning; traffic signal communications infrastructure and systems integration; plan reviews; constructability reviews; construction support; grants management; 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. PHONE: 1619-336-4312 EXPLANATION: ,See attached. ciate Civil Engineer 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 STC Traffic, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 355 of 4491 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 STC Traffic, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management; traffic engineering; transportation planning; traffic signal communications infrastructure and systems integration; plan reviews; constructability reviews; construction support; grants management; 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. 356 of 449 AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND STC TRAFFIC, INC. THIS AGREEMENT is entered into on this 19th day of November, 2019, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and STC TRAFFIC, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP); WHEREAS, on 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 firm; and WHEREAS, based on evaluation of the CONSULTANT SOQ and interview, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide on -call CIP project support services for the CITY, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on November 19, 2019. The duration of this Agreement is for the period of November 19, 2019 through November 18, 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. 357 of 449 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to: project management; traffic engineering; transportation planning; traffic signal communications infrastructure and systems integration; plan reviews; constructability reviews; construction support; grants management; community outreach and communications. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services described in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time -and - materials basis, consistent with the detailed scope of work, and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, City Engineer/Director of Public Works, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Jason Stack, President, 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. Standard Agreement Page 2of12 City of National City and Revised May 2019 STC Traffic, Inc. 358 of 449 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 STC Traffic, Inc. 359 of 449 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 inwriting 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 subsection 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 ST'C Traffic, Inc. 360 of 449 reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, the CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT' s negligence, recklessness, or willful misconduct in the performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. Standard Agreement Page 5 of 12 Revised May 2019 STC Traffic, Inc. City of National City and 361 of 449 The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. A. PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR's employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. B. Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. C. Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or Standard Agreement Page 6 of 12 City ofNational City and Revised May 2019 STC Traffic, Inc. 362 of 449 recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: 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 STC Traffic, Inc. 363 of 449 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 ofNational City and Revised May 2019 STC Traffic, Inc. 364 of 449 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: Jason Stack President 5865 Avenida Bncinas, Ste. 142-B Carlsbad, CA 92008 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication Standard Agreement Page 9 of 12 Revised May 2019 STC Traffic, Inc. City ofNational City and 365 of 449 sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. Standard Agreement Page 10 of 12 City of National City and Revised May 2019 STC Traffic, Inc. 366 of 449 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 STC Traffic, Inc. 367 of 449 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 STC TRAFFIC, INC. (Corporation — signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: (Name) (Print) (Title) By: (Name) (Print) (Title) Standard Agreement Page 12 of 12 City ofNational City and Revised May 2019 STC Traffic, Inc. 368 of 449 EXHIBIT A June 10, 2019 \ / / 0 • '‘ifr City of National City v/40,4' Engineering & Public Works Department Attn: Roberto Yano, P.E., Deputy City Engineer 1243 National City Boulevard National City, CA 91950 Subject: Statement of Qualifications for On -Call Project Support Services for National City's Capital Improvement Program (CIP) — 2019 Dear Mr. Yano, STC Traffic, Inc., is pleased to submit this statement of qualifications for On -Call Project Support Services for National City's CIP. We propose to continue to offer the range of disciplines and services we've provided the City for the past several years. I started STC over 12 years ago with a vision for delivering specialized engineering consulting expertise to public agencies in San Diego County. National City was one of our founding clients, and in the early years, engaged our firm to service traffic systems, operations, and engineering tasks. Success on these tasks became a springboard to many more essential and diverse projects in support of the City's CIP. Today, STC Traffic is a recognized leader in on -call municipal engineering consulting services, contracting as a prime with nearly every municipality in the region. Since we began working in National City with only a few key staff, we have grown to 24 staff members and National City has been crucial to that growth. We know how valuable National City has been to our firm and understand its continued importance. We are committed to bring the same clear ethos and professional philosophy on which I founded this firm. That professional philosophy is as follows: Character comes first. We are successful because we are trusted with the City's work. This trust has developed through demonstrating honesty and exercising our expertise with responsibility both individually and as an organization. We choose to do the right thing rather than be expedient and we enjoy the hard work engendered. We're building more than great projects. We're also seeking to create organizations that promote our professionals to reach their fullest potential and build tomorrow's leaders on a foundation of trust that resonates with the community. We know National City. Consultants are an integral part of National City's CIP delivery and the City depends on consultants to meet the demand of its significant program. This on -call consultant procurement will provide the expert resources and capacity necessary to meet CIP obligations over the next 3 to 5 years. STC supplements National City staff resources, provides special technical capabilities, and guides challenging projects. We've gained the confidence of both staff and management, and this has in -turn built the public's confidence in the City's ability to deliver high -quality customer service. Institutional knowledge. STC has unique insight into agency infrastructure and procedures spanning over ten years of practice in National City. Our local knowledge, combined with agency staff familiarity and confidence, enables STC to reduce risk and waste and provide more effective project alternatives. Thanks to these advantages and experience, STC delivers high value at a lower cost which extends the purchase power of precious funds. STC Traffic, Inc. 5865 Avenida Encinas, Suite 142-B, Carlsbad, CA 92008 www.stctraffic.com 369 of 449 On -Call Project Support Services for National City's CIP June 10, 2019 Project management continuity. STC provides substantial project management continuity —an essential component for a successful CIP—by offering Jason Stack as principal manager, Nick Minicilli as project manager, and Henry Trang as deputy project manager. This group has been intact and managing and producing work for National City continuously over the past 5 years. Our management team is intimately familiar with City expectations and goals. Our managers lead by example, as working managers, staying connected to projects on every level in order to sustain our well-known brand of project management. The team. The team we've gathered for National City has grown and been refined through years of previous work together. Our subconsultants are the best in the region at what they do. We've assembled a team of talented, highly qualified local firms who share our vision, many already well known to the City. The STC team will continue to promote efficiency and performance, and our subconsultants are a key part of that objective. The team is comprised as follows: ✓ Aark Engineering ✓ National Data & Surveying Services ✓ Blue Violet Networks ✓ Ninyo and Moore ✓ C&S Companies ✓ Rincon Consultants, Inc. ✓ Ferguson Pape Baldwin Architects ✓ Sampo Engineering ✓ Vic Salazar Communications ✓ Schmidt Design Group ✓ Innovative Construction Consulting Services ✓ DHS Consulting National City's CIP is highly recognized, and we have the distinct standing to be an important part of the success for more than twelve years. I've watched as the City's Engineering and Public Works Department has reorganized to become more efficient and continue to deliver stand -out projects and services year over year. This is a source of pride in the City and new staff have become leaders following the model of promoting public service within the organization. We have confidence in, and a strong working relationship with, both staff and management and we take great pride in the work we perform for the City. I am the contact person for this statement of qualifications and available to discuss this with you should you have any questions about the information provided. We look forward to the opportunity to continue to build our combined track record of success for National City. Sincerely, :rpt Jason Stack, TE, PTOE President/ Principle -in -Charge STC Traffic, Inc. Contact: Jason Stack Address: 5865 Avenida Encinas, Suite 142-B Carlsbad, CA 92008 Phone: (760) 585-4212 Email: Jason.stack@stctraffic.com 21Page 370 of 449 - CALIFORNIA NATIONAL _CEj tvconI.ORArr." 1 EXECUTIVE SUMMARY This proposal presents the advantages and abilities STC and its team of subconsultants possesses, along with the services it proposes to offer the City of National City. STC Traffic, Inc., understands that the purpose of the City's request for qualifications (RFQ) is to provide the City with the hest -qualified consultants — in the areas of Engineering and Public Works —in support of the various projects required for the capital improvement program (CIP). This statement of qualifications details our team's significant experience, project approach, and expert staff, which meets many of the needs of the City's CIP. This Statement of Qualifications (S0Q) is prepared based on the requirements provided in the Request for Qualifications (RFQ) and follows the RFQ contents organization and order. This section is a primer for what follows in the submittal: our familiarity in National City, experience and technical competence, grants management, and financial management and accounting systems. Familiarity with Local Environment. Consultants are critical to National City's CIP development and delivery process. National City staff are fully engaged in management of multiple disciplines, project delivery, and engineering and public works management and operations. This on -call CIP consultant procurement will provide National City the expert resources and capacity to meet demand for professional services necessary to implement the CIP over the next 3-5 years. STC offers a comprehensive team of subconsultants to National City to meet this demand. STC has selected the following disciplines and general services in support of the On -Call Project Support Services contract: ✓ Civil Engineering ✓ Structural Engineering ✓ Mechanical Engineering ✓ Electrical Engineering ✓ Traffic Engineering ✓ Traffic Signal Communications ✓ Infrastructure & Systems Integration ✓ Traffic Data Collection ✓ Transportation Planning ✓ Architecture ✓ Landscape Architecture ✓ ADA Compliance and Universal Design ✓ Intelligent Transportation Systems Planning ✓ Geographic Information Systems (GIS) ✓ Utility Design & Coordination ✓ Land Surveying ✓ Geotechnical ✓ Environmental Planning, Design & Engineering ✓ Environmental Compliance ✓ Construction Management & Inspections ✓ Planning and Design ✓ Community Outreach ✓ Engineering and Project Management ✓ Grants Management ✓ Capital Needs Assessments & Asset Management ✓ Building Department SupportServices STC has provided this depth of services to the City for the past several years and the City recognizes the strength of our project managers and our subconsultants. The City appreciates the option to access our subs as part of a larger multi -discipline prime project for STC to manage, or to access our subs for discipline specific projects directly. We are happy to act as a pass through to access the best experts in the specialized disciplines. The STC Team is well organized and there is no ambiguity about roles. We are not a large prime, rather we are a specialty transportation and traffic engineering firm with a large team that can move at a highly 1 371 of 449 — CALIFORNIA NATIONAL. cfl rAcoin•onntvn efficient pace. We recognize that larger teams, just as with a larger company, does not in and of itself lead to effectiveness on a task. As a small size firm with strong leadership we are responsive and flexible with open lines of communication to meet the City's needs, in ways that large size consultants struggle to deliver. The STC Team gets to the task at hand quickly and promotes efficiency and performance. Experience and Technical Competence. The STC Team has the skillset to deliver the scope of services and has a proven track record of executing this exact work for the City. Our business model is built around providing professionals that deliver exceeding experience, diverse expertise, and quality. We understand the critical nature of municipal engineering. Projects have risks and we minimize the risks by providing experts that know how to get the job done right the first time. Poor engineering can expose limited budgets to change orders and related issues. We have stepped into the gap on projects in National City and resolved potential issues through innovative alternatives that work within the budget and get the project delivered. We leverage our expertise to maximize budgets and avoid potential pitfalls. This allows the City to precisely appropriate funds and achieve the most "bang for the buck" over the course of the CIP. Our on -call engineering services business model is proven by our success in National City and around the county. STC provides the continuity necessary to manage the team with Jason Stack as principal manager, Nick Minicilli as project manager, and Henry Trang as deputy project manager. This management structure is important as Mr. Stack has over 15 years of experience in National City and brings unparalleled expertise and historical perspective. Mr. Minicilli is intimately familiar with the City's CIP procedures and policies and will be the primary interface with the City's project manager. Henry Trang is assigned as deputy project manager, is well known to City staff, and will be plugged into STC team daily progress and activities. Grants Management. STC is a regional leader in competitive grant planning, preparation, and reporting. We have successfully assisted the City in pursing grant funding through regional and statewide funding programs with awards in excess of $7.5 million. Our acumen was demonstrated on cycle 1 of the statewide Active Transportation Program when an STC authored grant scored first out of over 700 applications. Our management staff is expert on the Local Assistance Procedure Manual (LAPM) and reporting requirements. Financial Management and Accounting System. STC understands how essential it is to have a strong, sound, and secured financial management and accounting system; especially for Federal -Aid projects. We follow regulations dictated in the Code of Federal Regulations (CFR) and LAPM and exercise measures internally to provide the City security, that all records are kept in accordance to specified guidelines. This understanding will ensure National City receives funding promptly, and significantly reduces the burden of audit. STC is also keen on National City's preferences for billing procedure, and continuously analyzes costs to scope and track budgets. 2 372 of 449 EXHIBIT B National City On -Call Project Support Services for National City's Capital Improvement Program (CIP) Disciplines: * Traffic Engineering * Traffic Signal Communications Infrastructure & Systems Integration * Transportation Planning (includes Active Transportation and Safe Routes to School) PRIME Consultant Name: STC Traffic, Inc. FEE SCHEDULE LABOR COSTS Labor Classification/ Tile Hourly Rate (Range) $/HR Principal -In -Charge $ 210.00_ Principal Manager $ 195.00 Senior Project Manager $ 175.00 Senior Project Technical Specialist $ 170.00 Project Manager $ 160.00 Construction Manager $ 150.00 Project Technical Specialist $ 150.00 Senior Project Engineer $ 145.00 Senior Project Planner $ 135.00 Construction Engineer/Inspector $ 135.00 Project Engineer $ 130.00 Project Planner $ 120.00 Associate Engineer $ 115.00 Associate Planner $ 105.00 Assistant Engineer $ 100.00 Assistant Planner $ 90.00 Intern $ 60.00 *"PLEASE NOTE: The above rates are our Standard Hourly Rates inclusive of Overhead cost and Profit fee. STC Traffic, Inc. confirms these rates are fixed for the duration of the project. INDIRECT LABOR COSTS b) Fringe Benefits (Rate: _ %) c) Total Fridge Benefits [(a) x (b)] $ d) Overhead (Rate: _ %) e) Overhead [(a) x (d)] f) General and Administrative (Rate _%) g) Gen & Admin [(a) x (f)] $ (h) TOTAL INDIRECT COSTS [(c) + (e) + (g)J $ REIMBURSEABLE EXPENSES a) Mileage/Parking b) Printing/Copies c) Equipment & Material *STC Traffic is a local business and there are no direct costs for mileage. *Outsourced reimbursable expenses such as printing/reproduction, deliveries, computerized plotting, materials, etc., will be charged to the client at the consultant's cost without mark-up. 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, acknowledge that "mark-ups" for sub -consultant services will not be accepted. Morna Stack CFO Name r)u- a Title 10/14/19 Signature Date 373 of 449 ElkTic, P�F t October 10, 2019 Roberto Yano, Deputy City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 Re: On -Call Project Support Services for National City's Capital Improvement Program (CIP) Requested Information for Contract Negotiation Dear Mr. Yano: STC Traffic, Inc. as Prime Consultant understands that our scope of work is to provide support services for the On -Call CIP Program, specifically in the following categories: • Traffic Engineering • Traffic Signal Communications Infrastructure & Systems Integration • Transportation Planning (including Active Transportation and Safe Routes to School) Attached you will find our Exhibit 10-K, Exhibit 10-H2 Cost Proposal (specific rate of compensation for on -call contracts, non -prevailing wage construction engineering and inspection contracts), Schedule of Fees based on labor classifications, and accompanying certification statement. We also understand that the Schedule of Fees shall remain fixed throughout the term of the contract, unless formally amended by City Council. STC Traffic, Inc. accepts the terms and conditions of National City's Standard Professional Services Agreement template as provided in the RFQ. STC Traffic, Inc. certifies that we are able to meet National City's insurance requirements. We look forward to working with you on this important project for National City. Sincerely, Jason Stack, TE, PTOE President Phone: (760) 585-4212 Fax: (760) 670-3445 Email: Jason.stack@stctraffic.com STC Traffic, Inc. 5865 Avenida Encinas 142 B, Carlsbad, CA 92008 www.stctraffic.com 374 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 375 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 WSP USA, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CEP), including, but not limited to, project management; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; 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. 375 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 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 WSP USA, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; 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, Pi PHONE: 1619-3 36-43121 EXPLANATION: See attached. ssociate Civil Engineer 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 WSP USA, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. BOARD / COMMISSION RECOMMENDATION: N/ql ATTACHMENTS: 1. (Explanation 2. Agreement 3. Resolution' I 376 of 4491 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 and interview, staff recommends executing a three- year Agreement (with the option to extend for two, one year extensions) with WSP USA, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; 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. 377 of 449 AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND WSP USA INC. THIS AGREEMENT is entered into on this 19th day of November, 2019, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and WSP USA, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP); WHEREAS, on 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 planning firm; and WHEREAS, based on evaluation of the CONSULTANT SOQ and interview, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide on -call CIP project support services for the CITY, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on November 19, 2019. The duration of this Agreement is for the period of November 19, 2019 through November 18, 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. 378 of 449 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to: project management; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; community outreach and communications. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services described in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time -and - materials basis, consistent with the detailed scope of work, and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, City Engineer/Director of Public Works, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Joe De La Garza, 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 WSP USA Inc. 379 of 449 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 WSP USA Inc. 380 of 449 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 tunes 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 WSP USA Inc. 381 of 449 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 comtnunicate 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 WSP USA Inc. 382 of 449 The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. A. PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR's employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. B. Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. C. Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or Standard Agreement Page 6 of 12 City of National City and Revised May 2019 WSP USA Inc. 383 of 449 recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: 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 20I9 WSP USA Inc. 384 of 449 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 WSP USA Inc. 385 of 449 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: Joe De La Garza Project Manager 401 B Street, Ste. 1650 San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication Standard Agreement Page 9 of 12 City of National City and Revised May 2019 WSP USA Inc. 386 of 449 sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. Standard Agreement Page 10 of 12 City of National City and Revised May 2019 WSP USA Inc. 387 of 449 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 WSP USA Inc. 388 of 449 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 WSP USA INC. (Corporation —signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: (Name) (Print) (Title) By: (Name) (Print) (Title) Standard Agreement Page 12 of 12 City of National City and Revised May 2019 WSP USA Inc, 389 of 449 NNS I ) WSP USA 401 B Street, Suite 1650 San Diego, CA 92101 T +1 619-338-9376 F +1 619-338-8123 www.wsp.com EXHIBIT A June 10, 2019 Robert Yano, P.E., Deputy City Engineer City of National City Engineering & Public Works Department 1243 National City Boulevard National City, CA 91950 Re: Qualifications for On -Call Project Support Services for National City's Capital Improvement Program (CIP) Dear Mr. Yano: The City of National City (City) is seeking local consultants to provide on -call project support services for National City's $70M Capital Improvement Program (CIP) for infrastructure, parks and facilities, and housing on a prequalified, on -call basis for a possible five-year period. As a corporation with over 30 years in San Diego County and a 60+ year presence in Southern California, WSP USA Inc. (WSP) has provided exactly these types of services throughout San Diego, Orange, Los Angeles, Riverside and San Bernardino counties. We would like to work with the City to meet your CIP needs as they arise over the next five years. Our team is proficient at supplementing in-house staff with local talent to help meet any task order request with precise scheduling, cost effectiveness, value-added services, and customer satisfaction. Responsiveness to City task orders is critical, since assignments usually have little lead time, can be short in duration, are high -priority, and/or require the consultant to proceed with minimal direction from City staff. WSP has the capability, capacity and experience to be responsive to such requests. We bring the City a full -service firm and local team with deep resources and a diversity of talent. TEAM STRUCTURED FOR AS -NEEDED CONTRACT RESPONSIVENESS As a leading engineering and professional services consulting firm, WSP has assembled a team with the right leadership, necessary expertise, knowledge of City requirements, and depth of resources to respond to all the City's task order needs under this contract. With more than 30 years of local project experience, WSP offers: Local Talent: Our project manager and the City's sole point of contact, Joe De La Garza, PE has more than 24 years of public works engineering and management experience, all in San Diego County. Joe has managed multidisciplinary teams and projects for numerous cities, counties, transportation authorities and Caltrans districts throughout Southern California. Joe has worked on projects for the City of National City and around San Diego county continuously throughout his career. Scheduling: WSP's local San Diego Office is staffed with over 67 civil engineers, traffic engineers, structural engineers, transportation planners, environmental planners, land -use planners, construction management engineers and financial advisors. With 383 professionals in Southern California, WSP offers full -service local offices in San Diego, Orange, San Bernardino and Los Angeles. Supported by an extensive pool of resources, WSP has the depth of knowledge and range of expertise that will enable us to effectively and efficiently respond to the City's needs. Since we are a large firm with local offices, we can distribute and balance our staffing resources against the needs of multiple projects. This allows us the flexibility to quickly mobilize multiple disciplines and meet project requirements for both short- and long-term assignments. Cost Effective, Value -Added Services: Given that task order assignments can be somewhat unpredictable, our knowledge of the region, existing relationships with area stakeholders and local presence are invaluable to such contracts. Our local commitment and experience provide our team with great insight into the region's 390 of 449 ANSI) infrastructure and network, and will enable us to streamline the project development process to bring you value-added service. WSP understands the professional consulting services needed to support the City's CIP and potential challenges that might arise during various task assignments. Additionally, WSP has secured billions of dollars in discretionary local, state and federal grant funds through the application of sound project strategy development and grant writing support. Customer Satisfaction: WSP has a history of success with local projects, as well as Southern California on -call contracts, including: SANDAG Architecture and Engineering On -Call Contract • NAVFAC IDIQ Contract • California State Park, Civil On -Call Contract • City of Anaheim On -Call Traffic Engineering Services • RCTC On -Call Grant Writing Services We look forward to the opportunity to work with the City of National City. WSP is eager to address the challenges and opportunities for this project, and we appreciate your consideration of our team. If you have any questions about our submittal during your evaluation process, please contact Joe De La Garza at (619) 507-0987 or joe.delagarza@ wsp.com. As the firm's area manager for San Diego County, located at 401 B Street, Suite 1650, San Diego, CA 92101, you have my commitment that our team will be available and support you through the resources of our global bench and the nearby resources of specialty subconsultants with whom we will partner to the City's ultimate benefit. Sincerely, WSP USA Inc. Patti Boekamp Area Manager 391 of 449 SECTION ONE:. Executive Summary As the City of National City (City) delivers its largest Capital Improvement Program (CIP) in recent history, the WSP team is poised to help you succeed! Our team is proficient at supplementing in-house staff with Iocal talent to help meet any task order request with precise scheduling, cost effectiveness, value-added services and customer satisfaction. A significant portion of your CIP involves the design of transportation, parks and facilities, housing, and related infrastructure. Our local team recently completed environmental, planning and design of the region's largest infrastructure project — the Mid -Coast Corridor Transit Project —much of which involved on -call task order improvements. Our team can apply that broad technical knowledge and design' delivery acumen to help you advance your program. INTEGRATED CAPABILITIES We foster collaboration in everything we do. WSP has a distinct history of success delivering on -call CIP task orders focused on rehabilitating and repairing city infrastructure and major transportation projects alike. No matter the scope, we view each project as a composite of independent, but interconnected,critical elements, and we apply a collaborative interdisciplinary approach to develop sustainable solutions. The Mid -Coast Project task orders, for instance, involved independent delivery of many roadways and bike facilities, structures, drainage and wet utilities, traffic signal and Americans with Disabilities Act (ADA) improvements, rail grade crossings and storm water quality measures. Understanding their complex interactions, however, is what led to successful federal funding and delivery. Table of Contents i Executive Summary 1 Contact Information 3 Familiarity with Local Environment 4 Experience and Technical Competence 5 Grants Management 34 Financial Management and Accounting Systems 37 Appendices: Exceptions to this RFP Amendments to this RFQ Disadvantaged Business Enterprises (DBE) Resumes DEMONSTRATED EXPERIENCE In the Experience and Technical Competence section across the proposed disciplines, as well as on a variety of similarly complex on -call contracts. We understand there is a potentially vast range of needs the City may have at any time over the course of five years. WSP has proven able to leverage the expertise needed —whether locally, within the firm or with a subconsultant—to service any and all of your needs. SUCCESS MANAGEMENT We value our people and our reputation. We believe in delivering success to our clients and to the communities we serve. A driving factor that allows us to continuously meet project objectives is the early establishment of shared expectations with our clients. This is our basis for performance, and it is especially important on as -needed contracts where scopes vary, schedules are constrained and , the projects listed illustrate the breadth of our experience Integrated Capabilities Mentorship/ Equality Demonstrated Experience WSP's elements of success will help the City of National City meet its CIP objectives. San Diego Smart Success Management Empowered Innovators 1 Qualifications for On -Call Project Support Services for National City's Capital Improvement Program (CIP) 392 of 449 SECTION ONE I Executive Summary Delivering Success: Hector Avenue Storm Drain WSP was very accommodating to our urgent request for the engineering design in order to repair a failed storm drain pipe on a very steep slope behind the property at 9709 Hector Ave. WSP provided us with several alternatives on how to repair our failed infrastructure in a very short period of time. It was a pleasure working with this firm as they always proceeded with extreme professionalism and expediency in order to accommodate all of our engineering requests. The completion of this emergency project was a success and WSP was a very integral part of our success." Manuel Gonzalez, Associate Engineer - Civil, City of San Diego Public Works Department multiple projects must be managed concurrently. The Experience and Technical Competence section describes our approach, which facilitates scope refinement, schedule and budget adherence, precise design documents and cost estimates, and efficient response to bottlenecks, and helps us avoid duplicative or unnecessary work. NATIONAL CITY/SAN DIEGO SMART We are locally dedicated with international scale. Indeed, WSP is locally organized, focusing first and primarily on the communities we live and work in. We have been a part of the San Diego engineering industry for over 30 years, and. WSP's 67 employees here know the local environment well. They have worked throughout the region on its infrastructure in its neighborhoods. They are deeply entrenched in the local professional industry and personally in their communities. Our eight specialty subconsultants are also all San Diego firms and likewise invested in their region. As discussed in the Knowledge and Understanding of the Local Environment section, we offer an in-depth knowledge of, and commitment to, the City of National City. EMPOWERED INNOVATORS We have an empowering culture and hold ourselves accountable. We are professionals and we are doers. As such, WSP empowers us to take charge of our client relationships, our teams and our projects, and innovate in all aspects of our work. This means we take personal ownership of, and accountability for, our performance. The team we have proposed, led by WSP Project Manager Joe De La Garza, PE, is introduced in the Experience and Technical Competence section. They are excited to foster collaborative relationships with City staff, and together advance creative project solutions. GRANTS MANAGEMENT We have proven industry experience in grant management services. In today's environment of limited local resources, new federal funding opportunities, and frequently changing rules and procedures, securing funds for infrastructure investments is challenging. As discussed in the Grants Management section, WSP has helped clients secure over $20.7 billion in federal grants for over 100 projects nationwide from a variety of discretionary programs, and nearly $3 billion from subsidized federal loan and credit assistance programs. M ENTORSH I P/EQUALITY WSP takes equal opportunity hiring and contracting very seriously. From our company -wide initiative to become the first gender -balanced global consultancy to our deep local investment in the small and disadvantaged enterprise community, our team places a high priority on succeeding as a diverse and inclusive team. We introduce our four disadvantaged business enterprise (DBE) subconsultants in the Experience and Technical Competence section. We commit to meeting and exceeding the 6% DBE goal for this contract and providing our subconsultants important and meaningful roles. 2 Qualifications for On -Call Project Support Services for National City's Capital Improvement Program (CIP) 393 of 449 5 ; `ri I:IQSi'9 fit."4PN. Experience and Technical Competence PROPOSED DISCIPLINES The WSP team proposed for this contract will provide • Civil Engineering • Structural Engineering • Mechanical Engineering • Electrical Engineering • Traffic Engineering • Traffic Signal Communications Infrastructure & Systems Integration • Traffic Data Collection • Transportation Planning • Architecture • Landscape Architecture • ADA Compliance and Universal Design • Geographic Information Systems (GIS) • Utility Design & Coordination • Land Surveying services for the following disciplines: • Geotechnical • Environmental Planning, Design & Engineering • Environmental Compliance • Construction Management & Inspections • Graphic Design/Web Design • Planning & Design • Community Outreach • Engineering & Project Management • Grants Management • Capital Needs Assessments & Asset Management • Building Department Support Services • Economic Development Services • Housing and Real Estate Development Services • Municipal Code Support Services • Fire Inspection Services Our team has planned and designed on -call projects for several local cities, the County of San Diego, the California Department of Transportation (Caltrans), the Port of San Diego, the San Diego Association of Governments (SANDAG), Naval Facilities Engineering Command (NAVFAC) Southwest and other interfacing agencies' specifications and requirements. We understand how to manage multi jurisdictional projects. STAFFING PLAN The successful client -consultant partnership is built on many things, but at the end of the day, it really comes down to people —those you want to collaborate and create with; those you call on because they will either know the answer or they will find out; and those who will get it done for you because they value your success. Our team is made up of those kinds of people. Upon request, WSP Project Manager Joe De La Garza, PE, will meet with the City's Project Manager to define project goals and objectives. Our task order process, as pictured to the right, demonstrates how Joe will assign the right core team led by a discipline -appropriate task lead who will remain on the project through its full life. The task lead will develop a list of project activities, deliverables and duration Respond to Contract Task Order 0 - Prepare Project Management Plan • • Prepare Quality Control Plan • • • Task Manager Responsible for. • • Assemble Team • Define Task and Approach to Scope of Work — Preliminary Work Plan and Cost Proposal • Negotiate Task Order Task Management and Delivery — Scope, Schedule, Budget, and Quality Management Project Execution • • CliTask Order Close Out • Conduct Closeout Meeting • financial Closeout • Technical Backup/Records Archiving • Closeout Performance Assessment/ LesonsLearned Contract Administration Quality Control Project Conttols Performance Reporting Risk Management Qualifications for On -Call Project Support Services for National City's Capital Improvement Program (CIP) sr- 394 of 449 Local Assistance Procedures Manual EXHIBIT B Estdbit 10-H Cost Proposal EXHIBIT 10-11 COST PROPOSAL SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant or Subconsultant WSP USA Inc. Contract No. Fringe Benefit % (= 0° a if included in OH) + fF q 04 + + Overhead % + (=0 % if Included in OH) 71FIa:tlt:' General Administration % Date 150.00% Combined Indirect Cost Raze (ICR) % FEE % = 10.00% BILLING INFORMATION CALCULATION INFORMATION NamelobTitle/ClassiScation Hourly Billing Rates' Straight OT(Lss OT(2x) 6 } (- Effective date of hourly rate From To Actual or Avg. hourly rate ` % or $ increase Hourly range - for classifications only Joe De. La Gana $242.33 N/A N/A 1.1 22019 12.31 2019 $88.12 0.00% Not Applicable Senior Supervising Engineer S242.33 N/A N:A 1 12020 1131/20220 SSS.12 0.00% $242.33 N/A N A 1 12021 12/31/2021 088.12 0.00% 3242.33 NIA N. A 1 ' 12022 12.31 2022 003 12 0.00% PattiBoekamp S330.55 NIA NA 11,22019 11,312019 _ $.120.20 0,00% Not Applicable Senior Area Manager S330.55 N/A N A 1/1/2020 12.3 42020 $120_20 '0.00% $330.55 N/A N/A 1/1/2021 12312021 0122020 0.00% S330.55 N/A NIA 1/1/2022 1131/2022 SI20.20 0.0096 Karen Kosup $268.40 N/A N/A 1/12019 12/31/2019 $97.60 0.00?,b Not Applicable Senior Engineering Manager $268A0 N/A N/A 1/1/2020 12,31 22020 $97.60 0.00° 0268;40 N/A N/A 1/1/2021 12:312021 S97.60 U.00% $268.40 N/A N/A 1/1/2022 12/31/20222 $97.60 0.00% Nitupa Kannan SI92.03 N/A N/A 1/1/2019 12/31 2019 $69.83 0,00% Not Applicable Supervising Engineer S192.03 N/A N/A 1/1/2020 122'31 2020 $69.33 0.0096 $192.03 N/A N/A 1'1/2021 12'3120221 $69.83 0.00% $192.03 N/A WA 1:1:2022 12,31:2022 $69.83 0.00% Tam Lake $237.99 N/A N/A 1,1,2019 1'1312019 r'tk 6';t:8 0.00% Not Applicable Savior Supervising Plarmer $237.99 N/A WA 1.12020 12,31 2020 $86.54 0.00% $237.99 N/A N'A 1 I.20221 12./31 2021 $56.54 0.00% $237.99 N/A N,A 1 12022 12/31 2022 $86.54 0.00./ Seth Torma $266.37 N/A N/A 1 1 2019 1231 2019 S96.86 0.00% Not Applicable Senior Planning Manager $266.37 NIA N/A 1 12020 12r31 2020 S96.86 0.00% $266.37 1,1/A N/A 11.2021 12,31 2021 $96.36 0.00% $266.37 N/A NIA 1 • 120722 12,312022 $96.86 0.00% Stephanie Whitmore $236.03 N/A NIA 1' .2019 113112019 $85.83 _ 0.00% Not Applicable Senior Supervising Planner $236.03 N/A N/A 1'I/2020. 12/31 2020 $S5.53 0.00% 02236.03 N/A N/A 1/12021 12,31 2021 585.83 0.00% $236.03 N/A N.'A 1/12022 12'31,2022 $55.83 0.00% Nathan Johnson $307,92 N/A NIA I/12019 12i31:2019 $111.97 0.00% Not Applicable Senior Engineering Manager $307.92 N/A NIA 1/I/2020 12/31/20220 511197 0.00% 3307.922 N/A WA 1,12021 12/31/2021 $111.97 0.0096 $307.92 N'A 10: A l• 1 2022 12/31/2022 51 11.97 0.00% Dante Valdez $16255 MA N•A 1 12019 12,312019 $59.11 i 0.00% No' Applicable Senior Engineer $16155 N/A N'A 1 I/2020 1231 2020 559.11 0.00% $162.55 N/A N A 1 1 i22021 12131 2021 359.11 0.00% $162.55 NA NiA 112022 1231 2022 559.11 0.00% Ryan Whipple $1 17.10 N/A N/A 1' 1/2019 12.'31 ,2019 $42.58 0.00% Not Applicable Senior Engineer $117.10 NIA N/A I/1/2020 12.'31 2020 542.58 0,00% 3117.10 N/A N/A 1/1/2021 12.'3120221 $42.58 0.00% S117.10 N/A N/A 1/1/2022 11312022 342.58 0.00% Pete Ruscitti $134.09 N/A N/A I/12019 12/31/2019 $48.76 0.00% Not Applicable Lead Planner $134.09 N/A N/A 1/1/2020 12/312020 $48.76 0.00% $134.09 N/A N/A 1/1/2021 12.312021 $48.76 0.00% $134.09 N/A NIA I/1i2022 1131;2022 548.76 0.00% Tam Olsen $211.61 N/A N/A 1/1/2019 121312019 S76.95 0.00% Not Applicable Senior Supervising Engineer $211.61 N/A N/A 1/1/2020 12/31,22020 576.95 0.00% $211.61 04/A N/A 1/1/2021 12/31.2021 $76.95 0.00% $211.61 N/A N/A 1/1/2022 12,312022 $76.95 0.00% Erich Flessner $191.73 N/A N/A 1/I/2019 12312019 $69.72 0.00% Not Applicable Senior Supervising Engineer $191.73 N/A N/A 1/112020 12i31.2020 369.722 0.00% $191.73 N/A N/A 1/1/2021 12/31:2021 S69.72 0,0096 $191.73 N/A N/A 1/12022 12/31/2022 569.72 0.00% Steven Lewis $141.19 N/A. N/A 1/1/2019 12,31/2019 $51.34 0.00°. Not Applicable Senior Engineer $141.19 N/A N/A 1 .1'2020 122.31:2020 $51.3 4 0 00"„ $220.00 N'A NIA 1 12021 12/31/2021 $80.00 0.00% 5220.00 Ir:A N.A 11,2022 12/31/2022 $80.00 0.00% MoiArzantendi $232.62 WA NA I IQ2019 12,31/2019 $84.59 0:00% Not Applicable Senior Principal Technical Specialist $214 23 N/A N: A 1 1'2020 1131/2020 57790 0.00% 32214.23 WA N/A 1 12021 12/31/2021 $77.90 0.00% 021423 N/A N/A 1 I2022 1.2/31?20222 S77.90 0.00% Miguel Galvan - 222.12 N/A N/A 1 1:22019 11312019 $80. 77 0.00% Not Applicable Senior Supervising Engineer $212.12 N/A N/A 1 12020 12'312020 $80.77 0.00% 3222..12 N/A N A 1 1.2021 12: 31 2021 050.7 7 0.00% $222.12 04/A WA 1.1.2022 12 31•20222 580 77 0.00% Larry Shaw $283.88 NIA N/A 1 1 2019 122 312019 $103.23 0.00% Not Applicable LPP 15-01 395 of 449 Local Assistance Procedures Manual Exhibit I O-H EXHIBIT 10-H COST PROPOSAL SPECIFIC RATE OF COMPENSATTON (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant or Subconsultant WSP GSA Inc. Contract No. Fringe Benefit % (= 0% if Included in 0E1) 150.00% Dale Cost Proposal + Overhead 9$ + General Administration % = Combined indirect Cost Rate OCR) % (= 0% if Included in 011) FEE % = 10.00% BILLING INFORMATION CALCULATION INFORMATION Name'obTitleCClassificationt Hourly Billing Rates' Straight OT 1.3x) OT(2x) g ( T( Effective date of hourly rate From To Actual or Avg. hourly rate ' % or $ increase Hourly range- for classifications only Staff Manager $283.88 N.'A N•A 1'1.2020 1131/2020 $103.23 0.00°% $283.88 NA MA 1,1.22021 12/3/12021 $103.23 0.009,0 5283.55 NA NA I'12022 12/31/2022 $103.23 0.00% John Loughran $223.14 N/A NIA I' 1 2019 12:31 2019 $81.14 0.00% Not Applicable Senior Supervising Planner $223.14 NIA NIA 1.1,2020 1231 2020 $81.14 0.00% $223.14 N/A NIA 1 12021 12:312021 $81.14 0.00% 5223.14 N/A N/A 112022 12:312022 581.14 0.00% Billy Hwang $229.71 NiA NA 1-12019 11312019 $83.53 0.00% Not Applicable Principal Consultant l $229.71 NIA NA 1 12020 12 31'20220 $8353 0.00% $229.71 N/A N/A 1 1 2021 12,31 2.021 08353 0.00% S229.71 N;A N'A 1 12022 1213112022 $8353 0.0099 Don Emerson S341.74 N A N A 1 2019 12/31/2019 $124.27 0.00% Not Applicable Principal Consultant 11 S341.74 N A N-A 1 1 2020 1231,2020 $124.27 0.00% S341.74 N-A N.A 1 1 2021 1131.2021 $124.27 0.00% $341.74 N A N A 1,2022 12.31 2022 $124.27 0.0099 Doris Lee $17550 N .A N,A 1 12019 12,31 2019 $64.91 000% Not Applicable Consultant 11 $178S0 N A NA 1 12020 12312020 $64.91 0.00% $178.50 N-A N. 1 1/2021 12231 202 I $64.91 0.00% $178.50 N-A 20'A 1 122022 113120222 $64.91 0.00% Mark Briggs $350.19 NA NA 1 12019 1131 2019 $127.34 0.00% Not Applicable Principal Consultant III 55350.19 N/A N/A L 1 2020 1231 2020 51 _27.34 0.00% $350.1.9 N/A N/A 11 2021 12,31 2021 5127.3-1 0.00% $350.19 NIA N/A 1:1.2022 12,31 2022 9122734 0.00% Rob Hicks $214.64 NIA N/A 1: 1. 2019 12:31. 2019 $75.05 0.00% Not Applicable Vice President $214.64 N/A N/A 1 I.2020 12'31 202(1 $78.05 0.00% $214.64 NA N A I .2021 12,31 2021 $78.05 0.00% 0214.64 04A N A 1 1:20222 12.31 2022 575.05 0.00% Brandi Sinnott S 117.98 N/A N A 1 • 12019 12:31 2019 $42.90 0.00% Not Applicable Senior Project Accountant $117.98 NSA N A 1•.20_0 12/31 2020 $42.90 0.00% $117.98 20.4 N/A 1112021 12312021 $42.90 0.00% $117.98 NA NiA 112022 12131.2022 $42.90 0.001,e I. Names and classifications of consultan (key staff) team members must be listed Provide separate sheets for prime and alsubconsultant funs. 2. Billing rate = actual hourly rate * (I•* ICR) * (1+ Fee). Agreed upon billing rates are not adjustable for the term of contract. 3. For named employees enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. NOTES: • Denote all employees subject to prevailing wage with an asterisks (*) • For Travel Costs: Will be determined once tasks are assigned to specific individuals and will be billed at cosi LPP 15-0i 396 of 449 CC/CDC-HA Agenda 11/19/2019 — Page 397 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 KTU&A 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; landscape architecture and urban design; transportation planning; geographic information systems; long-range planning; grants management; 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. 397 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: (November 19, 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 KTU&A 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; landscape architecture and urban design; transportation planning; geographic information systems; long-range planning; grants management; 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: 019-336-43121 EXPLANATION: See attached. DEPARTMENT: APPROVED BY: Engineering/Public Works 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 KTU&A 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: IN/1N ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution; 398 of 4491 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 KTUA 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; landscape architecture and urban design; transportation planning; geographic information systems; long-range planning; grants management; 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. 399 of 449 AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND KTU&A THIS AGREEMENT is entered into on this 19th day of November, 2019, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and KTU&A, a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP); WHEREAS, on May 1, 2019, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on June 10, 2019, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is a planning and landscape architecture firm; and WHEREAS, based on evaluation of the CONSULTANT SOQ and interview, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide on -call CIP project support services for the CITY, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on November 19, 2019. The duration of this Agreement is for the period of November 19, 2019 through November 18, 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. 400 of 449 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to: project management; landscape architecture and urban design; transportation planning; geographic information systems; long- range planning; grants management; community outreach and communications. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services described in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time -and - materials basis, consistent with the detailed scope of work, and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, City Engineer/Director of Public Works, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Mike Singleton, President, 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 ofNational City and Revised May 2019 KTU&A 401 of 449 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 OWNERSIIIP 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 3of12 City ofNational City and Revised May 2019 KTU&A 402 of 449 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 Revised May 2019 KTU&A City of National City and 403 of 449 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 KTU&A 404 of 449 The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. A. PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR's employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. B. Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. C. Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or Standard Agreement Page 6 of 12 City of National City and Revised May 2019 KTU&A 405 of 449 recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: 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 KTU&A 406 of 449 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 KTU&A 407 of 449 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: Mike Singleton President 3916 Normal Street San Diego, CA 92103 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication Standard Agreement Page 9 of 12 City of National City and Revised May 2019 KTU&A 408 of 449 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 coining before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. Standard Agreement Page 10 of 12 City of National City and Revised May 2019 KTU&A 409 of 449 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 Revised May 2019 KTU&A City of National City and 410 of 449 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. 1N 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 KTU&A, A CALIFORNIA CORPORATION (Corporation — signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: (Name) (Print) (Title) By: (Name) Page 12 of 12 (Print) (Title) City of National City and Revised May 2019 KTU&A 411 of 449 ktu June 10, 2019 Roberto Yano, P.E. Deputy City Engineer City of National City Engineering & Public Works Department 1243 National City Boulevard National City, CA 91950 EXHIBIT A Dear Mr. Yano and Members of the Consultant Selection Panel, 3916 Normal Street San Diego, CA 92103 619.294.4477 www.ktua.com PLA 2342 2386 = 2500 DISCIPLINES Transportation Plann ng I Lan ' scape Architecture Geographic Information Systems I Planning and Design I Community Outreach I Grants Management Safe and efficient modes of transportation, infrastructure upgrades, and improved quality of life are high priorities for cities and their residents. As budget challenges continue and the demand for infrastructure and public facilities increases, KTUA understands the need to make every dollar count towards the implementation of your priority projects. City staff faces many challenges every- day — from intensely competitive grant programs to responding to resident concerns about issues that impact their quality of life. As consultants, KTUA's goal is to make your job easier by providing you with the resources needed to bring your projects to fruition. We offer you a team of transportation and land use planners, engineers, landscape architects, grant writers, outreach facilitators, and GIS analysts to support your various on -call needs. Through our work with National City over the last ten years, we understand your goals and objectives and offer the support of our staff to bring your projects to reality. We believe there are three factors that demonstrate our innovative approach to projects. First, we continue to secure repeat proj- ects with clients such as SCAG (10 projects in the last 7 years); the City of Santa Ana (3 projects in the last 5 years); Riverside Transit Agency (2 projects in the last 3 years); and the City of Goleta (2 projects in the last 3 years). This also includes five projects for the City of National City. Second, we have assisted our clients in preparing and winning more than $42M in grants for complete and green street projects over the last ten years. Third, our projects consistently win awards at the local, state, and national level, most recently in April and May 2019. We received two Sustainability Planning awards from SCAG for the City of Santa Ana Central Complete Streets Plan and the Riverside Transit Agency Hemet Mobility Hub Feasibility Study. The Goleta Bicycle and Pedestrian Master Plan received awards from APWA and APA Central Coast Section. Additional APA awards have been granted to the City of Paso Robles Bicycle and Pedestrian Master Plan; the City of San Jacinto Trails Master Plan; Riverside Transit Agency First and Last Mile Mobility Plan; the City of Santa Ana Central Complete Streets Plan; and the City of Vista Townsite Drive Corridor Study. QUALIFICATION CRITERIA: 1. Knowledge of Local Environment: KTIJA has been working in National City since 2010 on CIP projects, planning studies, and grant applications related to redevelopment in the downtown area, traffic calming and bike and pedestrian infrastructure, regional transportation integration, and waterfront access. We are familiar with the body of work that National City has completed, and we are ready to help build new projects for the three communities in the city, El Toyon, Kimball, and Las Palmas. This recent experi- ence provides the KTUA team members with a clear understanding of local conditions, priorities, nuances, and processes through multi-lingual community engagement, stakeholder meetings, field work, walking tours, city staff coordination, and council and committee presentations, KTUA will work closely with the Engineering and Public Works Department, as well as other on -call con- sultants, to advance the city's priority projects. 2. Experience and Technical Competence: KTUA has provided transportation planning, landscape architecture, GIS, community engagement, visualization and grant writing services to cities and other public agencies throughout central and southern California for 49 years, with an emphasis on complete streets, transit, safe routes, vision zero, first/last mile, trails, open spaces, GIS analysis, and landscape architecture. With KTUA's technical experience in many facets of design, planning, and analysis for municipal agencies, along with stormwater infrastructure, community planning, placernaking, and urban greening project experience, we bring a solid foundation of services to improve the cities and agencies within the region. We are currently managing on -call or as -needed 412 of 449 contracts for Western Riverside Council of Governments (WRCOG), the City of San Diego, the Port of San Diego, San Diego Asso- ciation of Governments (SANDAG), the City of National City, and NAVFAC Southwest. Through this on -call experience, we under- stand the process to handle multiple task orders and schedules concurrently; to achieve a sustainable, implementable project; and the design, bidding and construction requirements for new, renovation and expansion projects that can be constructed and maintained safely and economically. 3. Grants Management: KTUA has an extensive background preparing and assisting with the preparation of grants for munici- palities such as the Port of San Diego, City of Vista, City of National City, Orange CountyTransportation Authority (OCTA), and the Western Riverside Council of Governments (WRCOG). KTUA has secured more than $15.5M in grants for our clients, and $3.62M specifically for National City. In addition, our clients have secured more than $42M in grant funding based on KTUA prepared plans and studies. As one of our project deliverables, we prepare detailed project cut -sheets for the priority projects, typically including a project summary, 30% drawings, photos, 3D models, and preliminary cost estimates. These cut sheets are then ready to be used for grant applications. Over the past 25 years, KTUA has also worked extensively on the implementation of grant funded projects. Ad- herence to grant requirements, budgets, schedules, and reporting procedures is absolutely critical. Missing one of these elements can result in funding being pulled. 4. Financial Management and Accounting System: KTUA accumulates, classifies, and allocates costs in a consistent manner. To determine the costs of services rendered, KTUA conforms with generally accepted accounting principles (GAAP) and cost account- ing provisions contained in contracts and applicable laws, standards, rules, and regulations governing cost accounting practices issued by the following: Financial Accounting Standards Board (FASB); Cost Accounting Standards Board (CASE); Internal Revenue Service (IRS). I will serve as the principal landscape architect and planner for all of the services offered by KTUA to make sure our efforts are well coordinated and seamless with the city and other city consultants so that the services we deliver to you meet your budget, schedule, and expectations. Other key personnel include Transportation Planner Joe Punsalan, Outreach Facilitator Jacob Leon, Transportation Engineer Tom Bertulis, Landscape Architect Brooke Whalen, GIS Technical Manager Alex Samarin, Landscape Archi- tectTim Henderson, Landscape Architect Jerod Huwa, Stephen Nunez, and Silvia Fang. KTUA has a San Diego staff of 35 landscape architects, planners, irrigation designers, GIS analysts and support personnel. Our staff resources allow us the flexibility to work with your schedule to meet the requirements of this contract. Civil Sense, a San Diego -based civil engineering firm, will fulfill our DBE goal. KTUA has worked with Civil Sense on a number of park and street improvement projects. KTUA looks forward to the opportunity to discuss our project approach and qualifications with you. We hope this submittal demonstrates the understanding and ability of the KTUA team to help you meet and exceed your overall goals and objectives for the City of National City. ike Singleton Principal Transportation Planner KTUA PRIMARY CONTACT INFORMATION Michael Singleton I AICP CTP, CA PIA, LEED AP 3916 Normal Street, San Diego, CA 92103 t: (619) 294-4477 x134; f: (619) 294-9965 mike@ktua.com CITY OF NATIONAL CITY I On -Call Project Support Services for National City's Capital Improvement Program 2 413 of 449 021 EXECUTIVE SUMMARY I QUALIFICATION CATEGORIES CONTACT INFORMATION This section identifies our principal contact for the contract, as well as our project managers for the various disciplines covered by KTUA. Client and community satisfaction are key to the project's success.This section also includes some recent quotes from our clients to support our attention to detail. FAMILIARITY WITH LOCAL ENVIRONMENT The planning and design of a project requires an understand- ing of the regulations and requirements to protect the public's health safety and welfare; an understanding of the most inno- vative design technologies to meet current and future needs; an understanding of the needs and priorities of the users; and an understanding of the responsibilities of the client in terms of risk management, maintenance, future expansion opportu- nities and costs. KTUA takes these responsibilities seriously and collaborates with our clients and the consultant team to ensure the project meets and exceeds its goals and objectives. Details of our experience with the City of National City, along with our experience working with federal, state, regional, and local regu- lations are detailed in this section. EXPERIENCE AND TECHNICAL COMPETENCE To support the implementation of the National City CIP, KTUA offers a team of professionals with experience in National City and with CIP projects in other San Diego County jurisdictions. Their project experience includes street improvement projects, active transportation facilities, universal access, and park and recreation facilities. Most of the KTUA projects involve extensive public engagement programs, and many of the projects are grant funded, adding another layer of management responsibil- ities to assure compliance with grant requirements. Our team will be led by staff you have worked with on other projects: Mike Singleton, Joe Punsalan, Tom Bertulis, Jacob Leon, Brooke Whalen, Tim Henderson, Alex Samarin, Silvia Fang, Stephen Nunez, and Jerod Huwa.To support KTUA projects that may require civil engineering services, we have included Civil Sense, a San Diego -based DBE engineering firm. KTUA's depth of project experience is extensive. Included in this section are our firm profile and a matrix of our project experi- ence focusing on transportation planning (including innovative traffic calming and bike and ped facilities); landscape architec- ture (primarily streetscapes and parks); GIS; and grants.Through the general services offered by KTUA, we can support National City on transportation planning, landscape architecture, GIS, planning and design, community outreach, and grants man- agement. Each project sheet includes photos and/or graphics, a description of our scope of services, our client contact informa- tion, project fees, and a list of the key personnel who worked on the project. Strong project management skills, a defined scope of work and budget, and a clear communication plan that outlines the roles and responsibilities of each of the key players are essen- tial to the successful completion of the project.This section discusses our project innovations, quality control plan, staffing and management plan, communication plan and community engagement plan. GRANTS MANAGEMENT Grants are basically condensed versions of persuasion,The advocacy position needs to be a passionate effort to commu- nicate acurrent situation that could greatly benefit from the grant. It certainly needs to follow the requirements closely and it needs to backup its claims with facts. It needs to stand out amongst many applications. It must build a case that if funded, the resulting project will be transferable to others in the state or region as a learning experience that builds upon a body of knowledge and furthers the understanding of an issue and a solution to that issue. It needs to stress how changes will improve the public's healthy, safety and welfare. In addition, it needs to stress the inclusion of best management practices that are at the forefront of the industry, while promoting innovation that pushes the industry. This section outlines KTUA's approach towards the preparation of grant applications and grant man- agement. Also included is a summary of the grant applications prepared by KTUA and the funding received, as well as a sum- mary of the funds received by our clients as a result of plans and studies prepared by KTUA. FINANCIAL MANAGEMENT AND ACCOUNTING SYSTEM With KTUA's long history on public works projects, our account- ing system and overhead rate are regularly reviewed by DCAA for federal projects and Caltrans for state projects. SCHEDULE OF FEES KTUA understands that hourly rates and fees will be negotiated upon selection and identification of task orders. EXCEPTIONS TO THIS REQUEST FOR PROPOSAL KTUA takes no exceptions to the RFQ or the requirements iden- tified in the RFQ. ADDENDA TO THE RFQ It is KTUA's understanding that no addenda to the RFQ have been issued. CITY OF NATIONAL CITY I On -Call Project Support Services for National City's Capital Improvement Program 3 414 of 449 2019-2022 Hourly Rates EXHIBIT B Senior Principal $180.00 Principal $170.00 Associate Principal $16o.00 Senior Associate $150.00 Associate II $140.00 Associate I $130.00 Senior Designer/Senior Planner/GIS Analyst $120.00 Designer/Planner $110.00 Administration $85.00 General Terms 1. Hourly rates include provisions for normal overhead costs including fringe benefits, office rental, utilities, insurance, clerical services and equipment. 2. Reproduction, blueprinting, travel outside of San Diego County, soil testing and other non -labor direct costs are billed at cost plus 15%. 3. Mileage outside of San Diego County will be billed at the approved IRS rate. 4. Rates are valid through December 31, 2022. CC/CDC-HA Agenda 11/19/2019 — Page 416 The following page(s) contain the backup material for Agenda Item: Notice of Decision - Planning Commission approval of a Conditional Use Permit (CUP) for the on -site sale of beer and wine at a new restaurant (Funky Fries and Burgers) located at 3030 Plaza Bonita Road, Suite 1108. (Applicant: Sebastian Hallak) (Case File No. 2019-25 CUP) (Planning) Please scroll down to view the backup material. 416 of 449 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2019 AGENDA ITEM NO. ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit (CUP) for the on - site sale of beer and wine at a new restaurant (Funky Fries and Burgers) located at 3030 Plaza Bonita Rd. Ste. 1108. (Applicant: Sebastian Hallak) (Case File No. 2019-25 CUP) PREPARED BY: Chris Stanley PHONE: 619-336-4381 EXPLANATION: The applicant is applying for a CUP for on -site sales of beer and wine at a new 1,739 square -foot restaurant with a 1,766 square foot covered patio. The proposed hours of alcohol sales are from 10 a.m. to 10 p.m. Sunday through Thursday and 10 a.m. to 12 a.m. Friday and Saturday. A Type 41 (On -Site Sale of Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control. DEPARTM ENT: APPROVED BY: The Planning Commission conducted a public hearing on November 4, 2019. Commissioners asked questions regarding operations, sensitive uses, and hours of operation. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Not a project per the California Environmental Quality Act as defined in Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. j BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Natividad, Baca, Flores, Yamane, DelaPaz, Garcia, Sendt ATTACHMENTS: 1. Overhead 2. Planning Commission Staff Report 3. Resolution No. 2019-22 4. Reduced Plans 417of4491 2019-25 CUP —3030 Plaza Bonita Rd. Ste. #1108 — Overhead N ATTACHMENT 1 1 418 of 449 Title: + CALIFORNIA -{ ° QNALCI�Tp �c � V E pVCORPORATED CITY OF NATIONAL CITY - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 3 November 4, 2019 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE ON -SITE SALE OF BEER AND WINE AT A NEW RESTAURANT (FUNKY FRIES AND BURGERS) LOCATED AT 3030 PLAZA BONITA RD. STE. 1108 Case File No.: 2019-25 CUP Location: Westfield Plaza Bonita Mall Assessor's Parcel Nos.: 564-471-07 Staff report by: Chris Stanley, Assistant Planner Applicant: Sebastian Hallak Zoning designation: MXD-2 (Major Mixed -Use District) Adjacent use and zoning: North: Single -Family Residential across Sweetwater Rd. / RS-2 (Small Lot Res.) East: Bonita Creek development / RS-3 (Medium -Low Den. Multi - Unit Res.) South: Sweetwater River Park / OS (Open Space) West: Interstate 805 Freeway / OS Environmental review: Not a project per California Environmental Quality Act (CEQA) as defined in Section 15378 Staff recommendation: Approve ATTACHMENT 2 2 419 of 449 Planning Commission Meeting of November 4, 2019 Page 2 Staff Recommendation Staff recommends approval of the on -site sale of beer and wine at a new restaurant, "Funky Fries and Burgers", subject to the attached recommended conditions. The sale of alcohol is conditionally -allowed in the Major Mixed -Use District zone and would be accessory to the restaurant. Executive Summary The business has applied for a Conditional Use Permit (CUP) to sell beer and wine at a new restaurant (Funky Fries and Burgers). The hours for the sale of beer and wine, as proposed by the applicant, are 10 a.m. to 10 p.m. Sunday through Thursday and 10 a.m. to 12 a.m. Friday and Saturday. A Type 41 (On - Site Sale of Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). Site Characteristics The project location is an existing 1,739 square -foot retail space with a 1,766 square -foot covered patio located at 3030 Plaza Bonita Road Suite 1108, otherwise known as the Westfield Plaza Bonita Mall. The restaurant is located on the east side of the lower level of the mall across from The Broken Yolk restaurant. The suite has entrances from the exterior and interior of the mall. The mall continues north, west, and south of the restaurant; further west is the Interstate 805 Freeway, further south is Sweetwater River Park, further east is multifamily residential, and further north is single-family residential across Sweetwater Road. Proposed Use The applicant is proposing to sell beer and wine at the new restaurant. The floor plan provided with this application shows eight tables with 32 chairs as well as a covered patio with 34 tables and 128 chairs. Beer and wine would be delivered to the table upon request and would only be available with the sale of food. Proposed alcohol sales hours are from 10 a.m. to 10 p.m. Sunday through Thursday and 10 a.m. to 12 a.m. Friday and Saturday. No live entertainment is proposed. Analysis Section 18.30.050 of the Land Use Code allows for on -site alcohol sales with an approved CUP. Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. 3 420 of 449 Planning Commission Meeting of November 4, 2019 Page 3 Mailing - All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications. Notice of this public hearing was sent to 225 occupants and owners. Community Meeting - Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held Tuesday, October 8, 2019 at 9:00 a.m. at the subject restaurant. The meeting advertisement is attached (Attachment 7). There were nine attendees, all of who were affiliated with either the business (employees) or the mall. According to the applicant, there were no inquiries in regards to the plans or the business. The applicant also stated that the same 225 occupants and owners that were notified of the Planning Commission were notified of the community meeting. Distance Requirements - Chapter 18.030.050 (D) of the National City Zoning Code requires a 660-foot distance from any public school; there are no schools within 660 of the site, in addition, restaurants with greater than 30% of their area devoted to seating are exempt from this distance requirement. The property in question has over 65% of its floor area devoted to seating. Alcohol Sales Concentration/Location Per ABC, there are currently nine on -site sale licenses in this census tract (32.04) where a maximum of four are recommended. Therefore, this census tract is considered by ABC to be over -saturated with regard to alcohol sales outlets. For reference, the on -site alcohol outlets in the census tract are: Name Address License Type* CUP Closing Hours Outback Steakhouse 2980 Plaza Bonita Rd. 47 Y 12:00 a.m. Applebee's 3030 Plaza Bonita Rd. #1298 47 Y 12:00 a.m. Red Robin 3030 Plaza Bonita Rd. #2520 47 Y 11:00 p.m. John's Incredible Pizza 3030 Plaza Bonita Rd. #1025 41 Y 10:30 p.m. Hooters 3030 Plaza Bonita Rd. #1430 47 Y 1:00 a.m. Broken Yolk 3030 Plaza Bonita Rd. #1106 41 Y 10:00 p.m. Gerry's Grill 3030 Plaza Bonita Rd. #2510 47 Y 11:00 p.m. El Pollo Grill 3041 Bonita Rd. #105 41 - - N.Y. Pizzeria 3041 Bonita Rd. #107 41 - - * Type 41 - On -Sale of Beer and Wine * Type 47 - On -Sale of Beer, Wine, and Liquor 4 421 of 449 Planning Commission Meeting of November 4, 2019 Page 4 Census tract 32.04 includes the area south of the Interstate 54, north of Bonita Road, west of Sweetwater Road, and east of the Interstate 805. The attached census tract map shows the location of the subject tract (Attachment 6). Hours of Operation The hours of operation for the existing license holders range from 6:00 a.m. to 1:00 a.m. for the varying properties. The Institute for Public Strategies (IPS) recommends that the serving of alcohol not be permitted after 10:00 p.m. The Police Department rates the sale of alcohol after 11:00 p.m. as a "three" on their rating system, which usually indicates a high risk. Institute for Public Strategies IPS provided comments recommending that owners, management, and staff be required to attend Responsible Beverage Sales and Service (RBSS) training as well as the sale of beer and wine ceasing by 10 p.m. The RBSS training is a standard condition of City Council Policy 707 and is included as a condition of approval. Police Department (PD) The ABC Risk Assessment provided by PD allocated a total of 14 points, which places it in the Medium Risk category. Medium risk is considered 13 to 18 points (see Attachment 9). Findings for Approval The Municipal Code contains six required findings for CUPs as follows: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Major Mixed -Use District zone pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. Alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. A restaurant use is consistent with the Major 5 422 of 449 Planning Commission Meeting of November 4, 2019 Page 5 Mixed -Use District land use designation contained in the Land Use and Community Character element of the General Plan. In addition, the property is not within a specific plan area. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. The building is existing and not proposed to be expanded. The proposal involves an accessory use for an existing suite. Potential development in this zone (MXD-2) was analyzed for traffic impacts during the most recent Land Use Update. Because the sale of alcohol would be accessory to the sale of food, no measurable increase in traffic is expected. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed alcohol sales would be accessory to an existing restaurant use where no expansion of the premises is proposed. The addition of alcohol sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available; no beer or wine will be sold after 12 a.m. and will only be available with the sale of food. In addition, all business staff is required to receive RBSS training. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). Per Section 15378, the project is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in the mixed -use zones. Given that there is no calculable increase in traffic and no other impacts 6 423 of 449 Planning Commission Meeting of November 4, 2019 Page 6 are anticipated, staff is of the opinion that the project would not result in any physical changes to the environment. The following two conditions are also included with alcohol CUPs: 7. The proposed use is deemed essential and desirable to the public convenience or necessity. In this case, alcohol sales would contribute to the viability of the restaurant, an allowed use in the Major Mixed -Use District zone. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. Findings for Denial Due to there being other on -sale sites in the area, there are also findings for denial as follows: 1. The census tract is currently over -concentrated with seven on -sale licenses, where a maximum of four are recommended. 2. The proposed use is not deemed essential to the public necessity, as there are seven restaurants in census tract 32.04 that already serve alcohol. 3. Based on the above findings 1 and 2 above, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per City Council Policy 707 (alcohol incidental to food, hours of operation, RBSS training, etc.). Summary The proposed use is consistent with the General Plan due to alcohol sales for on - site consumption being a conditionally -allowed use in the Major Mixed -Use District zone. The proposed use would be accessory to the existing restaurant use in a commercial area. The addition of alcohol sales is not expected to increase the 7 424 of 449 Planning Commission Meeting of November 4, 2019 Page 7 demand for parking, other services on the property, or have any significant effects on the area. Although the census tract in which the restaurant is located is over - concentrated with regard to on -sale alcohol licenses, alcohol will only be available with the sale of food. The proposed used may not be considered essential and desirable to the public convenience and necessity because seven other on -sale alcohol outlets are located at Westfield Plaza Bonita. Options 1. Approve 2019-25 CUP subject to the conditions listed within, based on the attached findings, or findings to be determined by the Planning Commission; or 2. Deny 2019-25 CUP based on the attached finding or findings to be determined by the Planning Commission; or, 3. Continue the item to a specific date in order to obtain additional information. Attachments 1. Recommended Findings 2. Recommended Conditions of Approval 3. Overhead 4. Applicant's Plans (Exhibit A, Case File No. 2019-25 CUP, dated 9/23/2019) 5. Public Hearing Notice (Sent to 225 property owners & occupants) 6. Census Tract & Police Beat Maps 7. Community Meeting Minutes 8. City Council Policy 707 9. Police Department Comments 10. Resolutions CHRIS STANLEY Assistant Planner AR DO VERGARA Director of Community Development 8 425 of 449 RECOMMENDED FINDINGS FOR APPROVAL 2019-25 CUP — 3030 Plaza Bonita Rd. Ste. 1108 1 The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within the Major Mixed -Use District zone pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. A restaurant use is consistent with the Major Mixed -Use District land use designation contained in the Land Use and Community Character element of the General Plan. In addition, the property is not within a specific plan area. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the building is existing and not proposed to be expanded. The proposal involves an accessory use for an existing suite. Potential development in this zone (MXD-2) was analyzed for traffic impacts during the most recent Land Use Update. Because the sale of alcohol would be accessory to the sale of food, no measurable increase in traffic is expected. 4. The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints because the proposed alcohol sales would be accessory to an existing restaurant use where no expansion of the premises is proposed. The addition of alcohol sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance, be injurious, or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located because the proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available; no beer or wine will be sold after 12 1.m. and will only be available with the sale of food. In addition, all business staff is required to receive RBSS training. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act because per Section 15378, the project is not 9 426 of 449 considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in the mixed -use zones. Given that there is no calculable increase in traffic and no other impacts are anticipated, staff is of the opinion that the project would not result in any physical changes to the environment. 7. The proposed use is deemed essential and desirable to the public convenience or necessity because alcohol sales would contribute to the viability of the restaurant, an allowed use in the Major mixed -Use Distrcit zone. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the on -site sales of alcoholic beverages pursuant to law. 10 427 of 449 RECOMMENDED FINDINGS FOR DENIAL 2019-25 CUP — 3030 Plaza Bonita Rd. Ste. 1108 1. The census tract is currently over -concentrated with seven on -sale licenses, where a maximum of four are recommended. 2. The proposed use is not deemed essential to the public necessity, as there are seven restaurants in census tract 32.04 that already serve alcohol. 3. Based on findings 1 and 2 above, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 11 428 of 449 RECOMMENDED CONDITIONS OF APPROVAL 2019-25 CUP — 3030 Plaza Bonita Rd. Ste. 1108 General 1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption at a new restaurant located at 3030 Plaza Bonita Rd. Ste. 1108. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2019-25 CUP, dated 9/23/2019. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. Planning 6. All sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 12 429 of 449 7. The sale of alcoholic beverages shall be permitted only between the hours of 10 a.m. to 10 p.m. Sunday through Thursday and 10 a.m. to 12 a.m. Friday and Saturday 8. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 9. Alcohol shall be available only in conjunction with the purchase of food. 10. Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages shall be consumed inside the restaurant or patio area and shall not be taken off -premises. 11. No live entertainment is permitted without modification of this CUP or issuance of a Temporary Use Permit. 13 430 of 449 4-« CALIFORNIA NATIONAL crly NCORPORATED CITY OF NATIONAL CITY - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE ON -SITE SALE OF BEER AND WINE AT A NEW RESTAURANT (FUNKY FRIES AND BURGER) LOCATED AT 3030 PLAZA BONITA RD. STE. 1108 CASE FILE NO.: 2019-25 CUP APN: 564-471-07 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 4, 2019, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Sebastian Hallak) This application has been submitted for Planning Commission consideration. The project site is a new restaurant in the Major Mixed -Use District (MXD-2) zone. The applicant is proposing to sell beer and wine for on -site consumption (Type 41 License) in the 1,750 square -foot commercial space. The proposed alcohol sales hours are 10:00 a.m. to 10:00 p.m. Sunday through Thursday and 10:00 a.m. to 12:00 a.m. Friday and Saturday. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received on or before 12:00 p.m., November 4, 2019 by the Planning Division, who can be contacted at 619-336-4310 or planning(cY�nationalcityca.gov. 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 Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION ARMANDO VERGARA Director of Community Development 14 431 of 449 5 0 v. l,, . . Ha, ti Hui.. s.m wl nl:: R•411 216 August 25, 2014 CensusTracts 2010 L \ ^, 31.Oi1•' 31.11 SOU9htttel' .. S0141\0&'+:rrtn 36.�rk 33.03 31.13 f 31.09 J 125.02 11&-02 National 117 Cl ly tit 116.01 r ti wr`' 1T _02 etFarm 124:01.11 Nc_a Part: 124.02 120.02 120.03 121.02 Las Calmm F':Ma: oa 123.02 123.03 123.04 tit 1:45,467 0 0.375 0.75 0 0.5 1 32.08 134.12 I' 2 km 13421 t •y 1.5 mi Sources: Esri, HERE, CeLorme, TomTam, Intermap, increment P Corp., GEBCO, USGS, FAQ NPS. NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, Mapmylndia. OperStreetMap contributors, and the GIS User Community 15 432 of 449 eceps Gtos st 11( eatAtatr, l3� 4 Sweetwater County Park zocA Co�riyright© and (Pi 988-2006Microsoft CorporaLork'andJor sus `pplihrs.Nlrightsre4rred Pomens®1990-2005Insta1Shield IMare-Corporation:Alrights reservei Certain mapping and direction. data ® 2005 NAVTE)All rights reserved. NAVTEQ and I?AVTEQSAN BOARD•are trademarks ofNAVTE4g9+2005 Tele Atlas North America, Inc. All rights reserved. Tele Atlas and Tele Atlas North America are trademarks of Tele Atlas, Inc. - - t u. Source: Microsoft Mappoint NCPD CAU, 4/18/07 F �`�''• �i ii r a`re^ 4 r City of National City Beat 23 16 433 of 449 FUNKY FRIES & BURGERS CUP APPLICATION FOR ALCOHOL USE OCTOBER 8, 2019 COMMUNITY MEETING MINUTES • The Community Meeting for Funky Fries & Burgers CUP Application was held on October 8, 2019. • The meeting began at 9:00 am and ended at 10:30am. The CUP plans were available for viewing, and both the architect, Katherine Baker, and the business owner, Sebastian Hallak, were present. • Family members showed up to support the CUP application. Employees and other mall employees were also there in support. • There were no inquiries regarding the plans or the operations of the business. • No one showed up to the meeting in opposition of the CUP application. • The sign -in sheet has the names of all people who came to the meeting. This concludes the meeting minutes. Sincerely, e__ _,_ Katherine Baker Baker Architecture 17 434 of 449 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 1 of 5 PURPOSE/BACKGROUND: To streamline the process of alcohol license application review to ensure timely staff responses and/or protests to the Department of Alcoholic Beverage Control regarding these applications. The City Municipal Code requires Conditional Use Permits for the sale of alcohol. Such land use regulation is designed to ensure that the health, safety and welfare of the community does not become negatively impacted. In order to minimize any potential adverse effects of alcohol sales for both on and off -site consumption, including public drunkenness, disorderly conduct, illegal sales or domestic violence, the City adopts conditions of approvals and enact policies designed to protect the public from such effects. The following sets forth the City Council's policy on the applicable alcohol standards for Conditional Use Permit applications for both on and off -sale alcohol sales, as well as the Department of Alcoholic Beverage Control application notification requirements. POLICY: The Department of Alcoholic Beverage Control (ABC) sends copies of all alcoholic beverage license applications to the Police Department. The City has thirty days from the date of the ABC mailing to provide comments to the ABC. If no protests are received within that time period, the ABC issues the license. The Police Department is responsible for ensuring that an appropriate Conditional Use Permit (CUP) exists for the applicant business. If such a CUP exists, the copy of the application is simply filed by the Police Department in the existing file with the notation that there were no objections to the issuance of the license. If it is a new (in the case of an "original" license application) or expanding business or one seeking a license to effect a premises transfer, and no CUP exists, the Police Department is responsible for sending a letter to the ABC protesting the issuance of the license until a CUP is issued by the City. Whenever such a protest letter is sent to the ABC, that agency notifies the applicant that they must begin the process of obtaining a CUP with the City's Planning Division and that the issuance of the alcoholic beverage license will be delayed until such time as the protest is withdrawn. 18 435 of 449 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 2 of 5 Once a CUP has been issued, the Planning Division notifies the Police Department of that issuance and it is then the responsibility of the Police Department to notify the ABC that the protest is withdrawn. The CUP application, approval and issuance process is such that it provides all the checks, balances and controls necessary to ensure that businesses seeking alcoholic beverage licenses are in compliance with local standards. These conditions of approval shall apply to all new Conditional Use Permits (CUPs) for the sale of alcohol for on and/or off -site consumption and modifications of existing CUPs for such sales as specified by the preceding parenthetical references with each condition. These references specify to which type of alcohol CUP being applied for the conditions would apply to — on -sale (restaurant, bar, etc) or off -sale (market, grocery store, etc). Regulation of these conditions and allowances shall be enforced through the Conditional Use Permit process, specifically conditions of approval to read as follows: 1. (off -sale alcohol) The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 2. (off -sale alcohol) No beer products shall be sold of less than manufacturer's pre- packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 3. (off -sale alcohol) No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 4. (off -sale alcohol) Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre- packaged multi -unit quantities. 5. (off -sale alcohol) The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 6. (off -sale alcohol) All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. CITY OF NATIONAL CITY 19 436 of 449 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 3 of 5 7. (off -sale alcohol) Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 8. (off -sale alcohol) The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit , Case File No. , dated 9. (off -sale alcohol) Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 10. (off -sale alcohol) Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 11.(off-sale alcohol) Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 12. (off -sale alcohol) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 13. (on and off -sale alcohol) All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part - CITY OF NATIONAL CITY 20 437 of 449 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 4 of 5 - of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 14. (on -sale alcohol) The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 15. (on -sale alcohol) Alcohol shall be available only in conjunction with the purchase of food. 16. (on -sale alcohol with patio) Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. 17. (tasting rooms) The requirements that alcohol be available only with the purchase of food and that alcohol sales not exceed food sales shall not apply to tasting rooms. 18.(tasting rooms) Sales of sealed bottles or containers (commonly known as growlers) for off -site consumption of the product manufactured by the master licensee may be sold and/or consumed at this location. 19. (tasting rooms) Hours of operation of tasting rooms shall be limited to between 10:00 a.m. to 10:00 p.m. with last call being at 9:00 p.m. 20. (tasting rooms) With the submittal of a business license for a tasting room, the Police Department shall provide an ABC Risk Assessment for each business applicant that indicates whether the business is considered a low, medium, or high risk. In the event that a risk assessment for the business allocates or more than 15 points, no business license shall be issued without the issuance of a Conditional Use Permit. CITY OF NATIONAL CITY 21 438 of 449 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 5 of 5 The sale of three -packs of 24-oz cans of beer shall apply retroactively to all existing off -sale CUPs where a condition exists limiting sales to no less than six-pack quantities. However, business wishing to avail themselves of this modification must conform with all regulations of the Department of Alcoholic Beverage Control (ABC). The Council may, at its sole discretion, choose to waive or modify any of the above conditions. CITY OF NATIONAL CITY 22 439 of 449 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 10/01/2019 BUSINESS NAME: Funky Fries & Burgers ADDRESS: 3030 Plaza Bonita Road, Suite 1108 OWNER NAME: Sebastian Hallak DOB: 05/20/1987 OWNER ADDRESS: 10476 Magical Waters Ct, Spring Valley (add additional owners on page 2) I. Type of Business Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) Tasting Room (1pt) II. Hours of Operation Daytime hours (1 pt) Close by 1 1pm (2 pts) Close after 1 1pm (3 pts) III. Entertainment Music (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) No Entertainment (0 pts) IV. Crime Rate Low (1 pt) Medium (2 pts) High (3 pts) V. Alcohol Businesses per Census Tract Below (1 pt) Average (2 pts) Above (3 pts) Notes: II. Applicant will close business after 11 on Friday and Saturday. V. Tract 32.04 allows for 4 on sale licenses. There are currently 9 active. Revised: 8/16 23 440 of 449 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) Below (1 pt) Average (2 pts) ✓ Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) ,/ Mostly commercial businesses (1 pt) Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII. Owner(s) records check ,/ No criminal incidents (0 pts) Minor criminal incidents (2 pts) Multiple/Major criminal incidents (3 pts) Low Risk ( 12pts or less) Medium Risk (13 — 18pts) High Risk (19 — 24pts) Total Points 14 OWNER NAME: DOB: OWNER ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: W. Walters Revised: 8/16 2 of 2 Badge ID: 398 24 441 of 449 RESOLUTION NO. 2019-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT FOR ON -SITE ALCOHOL SALES AT A NEW RESTAURANT LOCATED AT 3030 PLAZA BONITA ROAD SUITE 1108 CASE FILE NO. 2019-25 CUP APN: 564-471-07 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the on -site sale of beer and wine at a new restaurant for a property located at 3030 Plaza Bonita Road Ste. 1108 at a duly advertised public hearing held on November 4, 2019, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2019-25 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing • held on November 4, 2019, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within the Major Mixed -Use District zone pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. A restaurant use is consistent with the Major Mixed -Use District land use designation contained in the Land Use and Community Character element of the General Plan. In addition, the property is not within a specific plan area. ATTACHMENT 3 25 442 of 449 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the building is existing and not proposed to be expanded. The proposal involves an accessory use for an existing suite. Potential development in this zone (MXD-2) was analyzed for traffic impacts during the most recent Land Use Update. Because the sale of alcohol would be accessory to the sale of food, no measurable increase in traffic is expected. 4. The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints because the proposed alcohol sales would be accessory to an existing restaurant use where no expansion of the premises is proposed. The addition of alcohol sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance, be injurious, or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located because the proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available; no beer or wine will be sold after 12 a.m. and will only be available with the sale of food. In addition, all business staff is required to receive RBSS training. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act because per Section 15378, the project is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in the mixed -use zones. Given that there is no calculable increase in traffic and no other impacts are anticipated, staff is of the opinion that the project would not result in any physical changes to the environment. 7 The proposed use is deemed essential and desirable to the public convenience or necessity because alcohol sales would contribute to the viability of the restaurant, an allowed use in the Major mixed -Use District zone. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the on -site sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: 26 443 of 449 General 1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption at a new restaurant located at 3030 Plaza Bonita Rd. Ste, 1108. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2019-25 CUP, dated 9/23/2019. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. Planning 6. All sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 7. The sale of alcoholic beverages shall be permitted only between the hours of 10 a.m. to 10 p.mm._Sunday_thr_ough _T_hur-sday_and 1.0 a.m. to 12_a.m`Friday and_Saturday 27 444 of 449 8. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 9. Alcohol shall be available only in conjunction with the purchase of food. 10.Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages shall be consumed inside the restaurant or patio area and shall not be taken off -premises. 11. No live entertainment is permitted without modification of this CUP or issuance of a Temporary Use Permit. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 4, 2019, by the following vote: AYES:Natividad, Baca, Flores, Sendt, Yamane, Garcia, Dela Paz NAYS: None. ABSENT: None. ABSTAIN: None. 28 445 of 449 STORM WATER BMP NOTES N4Ttn.1',tifiury eamplehima of 6nots i-L and I-7, Coosno0 00n Storm Water HMI' Now, City of National City Engineering 1. All applicable uorurmcdun I15U'a end nonsronn water discharge HMI's doll be implemented in accordance wit. do City of National City minimum 11MI' requirements included in the. National City Municipal Code and the. City of National City JusinRc.lo,ol Runoff Management Program 0RMP). All Amon water 1SMPs shall be maintained for the duration of are project. 2. Erosion control BMI's shall be implemented 6n all portions oldie pout ana in which no work has been done or is planned to be done ewer a period 0114 or inure days. AR moire drainage pathways that convey concentrated Mows shall be stabilized to pieventerosioo. 3. Run.on from arm outside the project area doll be diverted around work areas to the cafe,[ feasible- Run-on that cannot be diverted shall be managed using appropriate exertion and sudiecnr eoncml BMI's. 4. Sediment control UMPs shall be implemental, including providing fiber tolls. gravel bags, or nthcr equally effective BM/Ps around the perimeter of the project to prevent transport of soil and sediment offsitn Any sediment tracked unto oft ire paved areas stall be removed via sweeping at least daily. A811M1's shall be inaaled and maintained in accordance with the spplobk CASQA fact sheets. 5. Trash and other comtmcdon wmtm shall be placed in n designated arm at halt daily and stall be disposed of in accordance with appkable requirements. 6. Materials shag be stored to avoid being transported in scorn water n,nnffand non -stoat water discharges. Concrete without shall he directed to a washout area designed In nnnlance with CASQA slandanh;.onset. shag not be washed our to the ground. 7. Stockphes and other sources of pollutants shall be covered when the donee of min within the neat 48 hoots is at I,ot50'/ The following pwsreom1uetion (pes,mnenl) BMP notes hated doll be added to the site pbn for all Sandanl Projects, except where not nppGkhk and f ible as determined by the City of National City. Permanent Storm Wafter BMP Notes 1. Landscaped ants sleep! be designed in aeen1lanee with Water llfadent landscape Ordinance rcquitemems. 2. lino(deinege doll be directed m landscaped arms or rain barrels. 3. W:rlltwvys doll be designed m drain to adjacent bndscaped or natural areas of construe -red using perusable nnetisk 4. Streets, sidewalks. and parking lot aisles shell be constructed to the minimum width necessary, provided pubge safely b not compromised. 3. Existing � em and natural arras, Mauling bin not limited to natural wake bodies and natural swage reservoirs nr d-r1mgc cots (e.g., IWmgrapluc depanuons, 11lum1 Swale, and areas of naturally permeable soils), doll be conserved of otherwise proteenal the extent feasible. Pot additional Wet:ua,ion nhne ewe: hnn:lA..w ,nli,dea naae=Y,a 2 Febmnsy2016 ri,ry City of National City Engineering 6. The impervious footprint, including roofed arms and paved awn, of to project shag he minimized to the extent applcab(e and Tensible. 7. Dumpsten, other rash receptacle, and waste cooking nil ronainer, shall be stored inside buildings or in fnuoddcd enclosures with a structural overhead canopy designed to prevent precipitation from cnnacdng noterbls stored in the enclosure. & Onde storm drains shall be stenciled or othcmve pomonocorly bladed wide "No Dumping, Drains to Ocean" or other equivalent language approved by the City. 9. Outdoor aerial storagearms and outdoor work arras shall he protected front mint l4 mo- o , and wind dispersal. Peraldnlnnalinrnnna.nlaa..ma Iwo'r �+•~• nnha.unveo .,vPowo� ,a..roaac0101 3 February 2016 CONDITIONAL USE PERMIT FOR: FIJNKY'S FRIES & BURGERS WESTFIELD PLAZA BONITA SPACE #1108 PROJECT INFORMATION CONTACTS DRAWING INDEX EXISTING MALL BUILDING DATA: CONSTRUCTION TYPE: TYPE V-B, FUU.Y SPRINI'd2RED TWO STORIES YEAR OF CONSTRUCTION: 1981 PROJECT ADDRESS: WESTFIELD PLAZA BONITA 3030 PLAZA BONITA RD. SPACE N 1108 NATIONAL CITY, CA 91950 PROJECT DATA: EXISTING RESTAURANT LEASE SPACE EXISTING OCCUPANCY GROUP: A.2, RESTAURANT EXISTING LEASABLE FLOOR AREA: 1.739 S.F. EXISTING NET INTERIOR FLOOR AREA: I.6I 3 5.E. EXISTING COVERED DINING PATIO AREA: 1,766 S.F. PROJECT DESCRIPTION: CONDITIONAL USE PERMIT FOR ALCOHOUC BEVERAGE SALES ON THE PREMISES. OCCUPANT LOAD: G2 OCC. INTERIOR 1 29 OCC. EXTERIOR PATIO (SEE SHEET'F!6 FOR CALCULATION) APPLICABLE CODES: 201 6 CAUFORNIA BUILDING CODE 201 6 CAUFORNIA MECHANICAL CODE 2016 CAUFORNIA PWMB1NG CODE 2015 CAUFORNIA ELECTRICAL CODE 2016 CAUFORNIA ENERGY CODE 201 6 CALIFORNIA FIRE CODE 2016 CAUFORNIA GREEN CODE TENANT: FURKYS FRIE5 t BURGERS 101 W. WASIHINGTON AVE EL CATON. CA 92020 CONTACT: SEBASTIAN HALIAK PHONE: (619) 727-04SG scbanbanhzlLak@9mad.com LANDLORD: WESTFIELD PLAZA BONITA MALL 3030 PLAZA BONITA ROAD NATIONAL CITY, CA 91950 CONTACT: PHONE: (619) 54443100 ARCHITECT t MEP: BAKER ARCHrTECTURE 4080 CENTRE STREET X203 SAN DIEGO, CA 92103 CONTACT: TONY KERLE PII PHONE: (519) 358-9225 tony®bakemrch,techN4.com ARCHITECTURAL TI GOVERN -CET AO SITE PLAN A I FLOOR PLAN, A2 EXTERIOR PATIO ELEVATIONS FIRE DEPARTMENT NOTES VICINITY MAP I . EXIT SIGNS MUST BE INTERNALLY ILLUMINATED. (2016 CFC t CBC SEC. 1013.3) PROVIDE TWO SEPARATE SOURCES OF POWER FOR EMIT SIGNS CONFORMING TO 201 G CPC t CBC 1013.6.3 3. THE MEANS OF EGRESS INCWDING THE EXIT DISCHARGE SHALL BE ILLUMINATED AT ALL TIMES. 11 E EGRESS ILLUMINATION LEVEL SHALL BE 1 FOOTCANOLE (MIN.) t THE MEANS OF ILW MINATION SHALL BE FR.OVIDED Willi A 90 MINUTE EMERGENCY BACK-UP POWER SUPPLY SOURCE. (CBC 1 00B) EXIT DOORS SHALL BE OPENABLE FROM THE INSIDE VATH0UT THE USE OF A KEY OR ANY SPECIAL KNOWLEDGE OR EFFORT. DOORS SHALL NOT 8E PROVIDED WITH THUMB -TURN LOCKS OR DEADBOLTS THAT UO NOT UNLATCH IN TANDEM WITH THE NORMAL OPERATING LEVER. RATED DOORS 51141LSE SELF -CLOSING AND LATCHING: SUCH DOORS SHAD. NOT BE EQUIPPED WITH ODOR 5TOP5 OR OTHERWISE PROPPED OPEN. 5. HVAC UNITS EXCEEDING A 2,000 GEM CAPAOTY SHALL BE PROVIDED WITH A DUCT SMOKE DETECTOR. 11115 DETECTOR SHALL SHUT DOWN ONLY THE AFFECTED INDIVIDUAL HVAC UNIT UPON SMOKE DETECTION. 11115 DETECTOR MUST ALSO BE INTERFACED TO AN EXISTING FIRE ALARM SYSTEM. THE DETECTOR SHALL ONLY PROVIDE A SUPERVISORY SIGNAL AT THE FIRE ALARM PANEL UPON SMOKE DETECTION. PROVIDE A MINIMUM OF ONE 2A 1013C CLASSIFICATION FIRE EXTINGUISHER WITHIN 75 FEET TRAVEL DISTANCE FOR EACH 3.000 SQUARE FEET. OR PORTION THEREOF, ON EACH FLOOR (CFC 906) COMPLETE PLANS t SPECIFICATIONS FOR FIRE EXTINGUISHING SYSTEMS, INCLUDING AUTOMATIC SPPJNKIERS t WET* DRY STANDPIPES, !TALON SYSTEMS t OTHER SPECIAL TYPES OF AUTOMATIC FIRE EXTINGUSHING SYSTEMS. BASEMENT PIPE INLETS 4 OTHER FIRE PROTECTION SYSTEMS t APPURTENANCES THERETO SHALL BE SUBMITTED TO THE BUILDING DEPf. FOR REVIEW t APPROVAL PRIOR TO INSTALLATION. (CFC 901 2) 8. BUILDINGS UNDERGOING CONSTRUCTION, ALTERATION OR DEMOLITION SHALL BE IN ACCORDANT WTM 2016 CFC CHAPTER 33 (FIRE SAFETY DURING CONSTRUCTION t DEMOLITION) t CHAPTER 35 (WELDING t OTHER HOT WORK} 6. DURING CONSTRUCTION, AT LEAST ONE FIRE EXTINGUISHER SHALL BE PROVIDED ON EACH FLOOR LEVEL AT EACH STAIRWAY, IN ALL STORAGE t CONSTRUCTION SHEDS. IN LOCATIONS WHERE FLAMMABLE OR COMBUSTIBLE UOUID5 ARE STORED OR USED, AND WHERE OTHER SPECIAL HAZARDS ARE PRESENT PER CFC SECTION 3315.1 7. DECORATIVE MATERIALS SHALL BE MAINTAINED IN A FLAME RETARDANT CONDITION. (TITLE 19, SECTION 3.08. 3.21, CFC 804. 806. 807) 8. FIRE EXTINGUISHING SYSTEMS SHALL BE INSTALLED IN ACCORDANCE WITH CFC 903 AN COMPLY W TH STANDARDS OF 903-3- 9. ALL VALVES CONTROLLING THE WATER SUPPLY FOR AUTOMATIC SPRINKLER SYSTEMS AND WATER; FLOW SWITCHES ON ALL SPRINKLER SYSTEMS SHALL BE ELECTRICALLY MONITORED WHERE THE NUMBER OF SPRINKLER 15 20 OR MORE (CFC 903.4) 10. INSTALLATION OF FIRE ALARM SYSTEMS SHALL BE IN ACCORDANCE WITH CFC 907- 1 I . COMPLETE PLANS t SPECIFICATIONS FOR FIRE ALARM SYSTEMS SHALL BE SUBMITTED TO THE BUILDING DEPT. FOR REVIEW 4 APPROVAL PRIOR TO INSTALLATION. (CFC 907.1) NORTH EXHIBIT: h CASE FILE NO.: 201°l - 25 COS° DATE: 4- Z3 _/ SOl ETENS 4JS TOTMSPIIOIE 11:t 0 0 cco 4080 CENTRE ST. STE#203, SAN DIEGO, CA 92103 TEL: 6191281-5937 wvnv.bakora cNtochuecom 1) 0 ¢ (0 rN Z O N L P DESCRIPTION m W F Q 0 ‹< ROJECT # 19068 Q U U u cC Q ▪ Q Z O • Lin Z 06No < N- u) _1 L1J 0- 1t I..L o ds�h/ LL W LL icn WOOr��y 1,z � W 1 N ^J^ L.LL 0 DATE: 8/30/19 29 ATTACHMENT 1 446 of 449 SITE PLAN - WESTFIELD PLAZA BONITA CO 0 0 (n A3NN3d or _J P.O.T. w r 0 O 0O 'TI D m—I - -1z O D -n m0 r c O 1r (7)n D Z n r mm 0) x z 0 m 804 4# 3OddS O m 0 ✓ [0 f O Z 25'-9" CENTERLINE OF WALL 21 .2• OL1Vd aOI 3JX3 32'-0' THESE DRAWINGS AND SPEC !FIN o1'tONS ARE CONFIDENTIAL AND SHALL REMAIN THE SOLE PROPERTY OF BAKER ARCHITECTURE. WHICH IS f HE O*wJEN OF COPYRIGHT IN THIS WORK. THEY SHALL NOT BE REPRODUCED IIN WHOLE 00 IN PART1. SHAPED WRH THIRD PARTIES OR USED IN ANY MANNER ON OTHER PROJECTS OR EXTENSIONS 701H15 PROJECT WITHOUT THE PRIOR WRITTEN CONSENT OF BAKER ARCHITECTURE. CONDITIONAL USE PERMIT FUNKY'S FRIES & BURGERS WESTFIELD PLAZA BONITA 3030 PLAZA BONITA RD. #1108- NATIONAL CITY, CA REVISION SCHEDULE REV DATE BY DESCRIPTION n NV1d 2=1OO1d 1VW11O311HOHV G.) .0-3 =„ i1.=3-IVOs II:1 SERVICE CORRIDOR THESE DRAWINGS AND SPECIFICATIONS ARE CONFIDENTIAL AND SHALL REMAIN THESOLE PROPERTY OF BAKER A RCHITECTURE. WHICH IS THE OWNER OF COPYRIGHT IN THIS WORK. THEY SHALL NOT BE REP ODUCE0 ON WHOLE OR IN PART'. SHAREDWIIH THING PARTIES OR USED IN ANY MANNER ON OTHER PROJECTS OR EXTENSIONS TO THIS PROJECT WITHOUT THE PRIORWRNTEN CONSENT OFF BAKER ARCHDECTURE. 0 6l/0£/8:31Va CONDITIONAL USE PERMIT FUNKY'S FRIES & BURGERS WESTFIELD PLAZA BONITA 3030 PLAZA BONITA RD. #1108- NATIONAL CITY, CA 89061 # 103rOad REVISION SCHEDULE REV DATE BY DESCRIPTION A ].BAKE RB architecture a IE) LEASE UNE STANDING SEAM MTL-ROOFING TSGXASTRUCT.COL (TT )— CLEAR VINYL ROLL -UP FOR RAIN -GUARD TEMP.CLEARGLASS WINOGUARD �4 ( (E) LEASE LINE E) STOREFRONT W DOWS BEYOND TS6X6 STRUCT. CCL(TYP) IXEG RAIUNG WITH W000 PANEL SIDING (HORIZONTAL GRAIN) (E) MALL EXTERIOR BUILDING FASCIA ENTER I EXIT GATES (E) CMU MONUMENT ,077 `SEPARATE PERMIT 8 WESTFIE D APPROVAL IXE0 RAIUNG WITH W000 PANEL SIDING (HORIZONTAL GRAIN) �(E) LEASE LINE TANDING SEAM MTL-ROOFING S6X6 STRUCT.CO. (TYP) (—CLEAR VINYL ROLUP FOR RAIN -GUARD TWINOEMP. CLEAR GLASS -GUARD -(E)LEASE UNE G.C. TO COORDINATE ALL FINISH MATERIALS WITH TENANT & LANDLORD TEMP. CLEAR GLAZING D�IrI AL 11M 11® T 1 1n, 1 OELEVATION DETAIL SCALE: 3/4"=1'-0" T.S. 2'x2'x0.125 POST— STL ANGLE 1.5'x1'x1/8" /10-3/4' ROUND HEAD) SCREWS - (3) EA. /• ENO OF BOARD III 1/4'-20 x 2 1/2" SOCKET HEAD BOLT O 24' O.C. T.S. 2'x1.5'x0.125 1/4' LOCK NUT # WASHER UM. BASE SHOE OP RAIL .S. 2"x1.5"xO.125' POST TS 2"X2"x0.125" tx6 WHITEW000 BAORDS W/ CLEAR SEALER (E) CONC. SLAB ALL METAL RAILING COMPONENTS TO BE PAINTED BLACK —3/8' TEMP. GLASS SET INTO SHOE W/ C.R. LAURENCE TAPER-LOC SYSTEM —EXTRUDED ALUMN. BASE SHOE C.R. LAURENCE #IWSB OR EQUAL DRILLED & COUNTERBCRED 3/8'0 STL PIPE SLEEVE WELDED INTO TOP RAIL 0 BOLT LOCATIONS T.S.STITCH WELD TO O GLAZING SHOE DETAIL SCALE: 3"=1'-0" ©POST SECTION DETAIL SCALE: 3"=1'-0" 5'x5'x3/8" STL. BASE PL. WELDED TO T.S. POST T.S. 2'x2"x0.125 POST U Q" 1/2.0 HIL11 KM BOLT TZ x 2' MIN. EMBED. (ICC ESR }1917) SPECIAL INSPEC. REO'D. OPOST BASE DETAIL SCALE: 3"=1'-0" TVs. /—RADIUSED EDGE 3/8' TEMP. GLASS ALUM. BASE SHOE TOP RAIL I T.S. 2"x1.5"x0,125. 1x8 BOARDS (E) CONC. SLAB OSECTION DETAIL SCALE: 1 1 /2"=1'-0" PROPOSED PATIO ELEVATION SCALE: 1 /4"='1 '- 11 PATIO RAILING DETAILS SCALE: (E) LEASE LINE—�{ 4 (EI MALL EXTERIOR BUILDING FASCIA EXTERIOR SIGNAGE -BY OTHERS UNDER SEPERATE PERMIT STANDING SEAM MTL- ROOFING VERTICAL WOOD PANEL SIDING(TYP) 12 E) MALL EXTERIOR SOFFIT (E) MALL EXTERIOR BUILDING FASCIA (E) LEASE UNE FIXED RAIUNG WITH WOOD PANEL 5200(E%IT GATES WI SIDING (HORIZONTAL GRAIN) (E) MALL EXTERIOR SOFFIT (E( MALL EXTERIOR BUILDING FASCIA (E) MALL EXTERIOR BUILDING FASCIA EXTERIOR SIGNAGE -BY OTHERS UNDER SEPERATE PERMIT IHIIIIIIIIiiiiiiii"- TANDING SEAM MTL-ROOFING RAINGU VERTICAL WOOD PANEL SIDING (TYP) 12 /t/7 W7 FIXED RAILING WITH WOOD PANEL SIDING (HORIZONTAL GRAIN) 2 E)LEASE LINE 8 6 8 ED (IN WHOLE OR IN PAR 8 co c V w-� l cri 4000 CENTRE ST, STE 8203. SAN 0 EGO. CA 92103 TEL: 619)281-5937 www.UakeralcNlecNre.ram SION SCHEDUL cc 03 1- a 0 < PROJECT # 19068 5 CONDITIONAL USE PERMIT U U U) J CC < r zo co Z NNc r' U) J wO LLLT, � u E< WZ z m Q LL N J a CO CO DATE: 8/30/19 32 PROPOSED PATIO ELEVATION SCALE: 1 /4"=1'- rr PROPOSED PATIO ELEVATION SCALE: 1 /4"=1'- 449 of 449