HomeMy WebLinkAboutDraft Agenda Packet - 12-03-19 CC HA AgendaAGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/
COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF
THE CITY OF NATIONAL CITY
CALIFORNIA NATIONAL CI7ny
INCORPORATED
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, DECEMBER 3, 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
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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.
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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. Quarterly Report by A Reason to Survive (ARTS). (Community Services)
INTERVIEWS / APPOINTMENTS
REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME
LIMIT)
CONSENT CALENDAR
2. 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)
3. Resolution of the City Council of the City of National City: 1) authorizing
the Mayor to execute Program Supplement Agreement (PSA) No. F21
with the State of California Department of Transportation (Caltrans) for the
Citywide Protected Left -Turn Enhancements Project to allow for
reimbursement of up to $189,000 in eligible project expenditures through
the Highway Safety Improvements Program (HSIP); and 2) authorizing the
establishment of an Engineering Grants Fund appropriation of $189,000
and corresponding revenue budget. (Engineering/Public Works)
4. Resolution of the City Council of the City of National City ordering the
submission of Ordinance No. 2019-2463, An Ordinance of the City Council
of the City of National City adding Chapter 8.38 to the National City
Municipal Code prohibiting the retail sale of dogs, cats and rabbits to the
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qualified voters of the City of National City at the Special Municipal
Election to be held on Tuesday, March 3, 2020. (City Attorney)
5. Resolution of the City Council of the City of National City calling and giving
notice of the holding of a Special Municipal Election to be held on
Tuesday, March 3, 2020 for the purpose of submission of a ballot measure
to the voters as required by the provisions of the laws of the State of
California relating to General Law Cities. (City Attorney)
6. Resolution of the City Council of the City of National City requesting the
Board of Supervisors of the County of San Diego to consolidate a Special
Municipal Election to be held on Tuesday, March 3, 2020 with the
Statewide Presidential Primary Election to be held on that date pursuant to
Section 10403 of the Elections Code. (City Attorney)
7. Resolution of the City Council of the City of National City authorizing the
filing of an impartial analysis and written arguments, relating to a measure
to repeal Ordinance No. 2019-2463, "An Ordinance of the City Council of
the City of National City adding Chapter 8.38 to the National City
Municipal Code prohibiting the retail sale of dogs, cats and rabbits". (City
Attorney)
8. Investment Report for the quarter ended September 30, 2019. (Finance)
9. Warrant Register #17 for the period of 10/16/19 through 10/22/19 in the
amount of $1,705,094.38. (Finance)
10. Warrant Register #18 for the period of 10/23/19 through 10/29/19 in the
amount of $1,318,833.17. (Finance)
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
11. Public Hearing and Adoption of Ordinances for 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.
(Building, Engineering/Public Works and Fire)
NON CONSENT RESOLUTIONS
12. 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-
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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)
13. 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)
14. 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)
15. 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)
16. 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
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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)
17. Resolution of the City Council of the City of National City adopting the
2020-2025 Strategic Plan. (City Manager)
NEW BUSINESS
18. Approval of Fiscal Year 2021 Budget Workshop dates. (Finance)
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
CONSENT RESOLUTIONS - HOUSING AUTHORITY
PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY
NON CONSENT RESOLUTIONS - HOUSING AUTHORITY
NEW BUSINESS - HOUSING AUTHORITY
C. REPORTS
STAFF REPORTS
19. Fiscal Year 2019 and 1st Quarter Fiscal Year 2020 Budget Review.
(Finance)
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 17, 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.
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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.
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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.
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Item #
12/03/19
Quarterly Report by A Reason to Survive (ARTS)
Community Services
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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.
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Item #
12/03/19
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)
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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 Program
Supplement Agreement (PSA) No. F21 with the State of California Department of
Transportation (Caltrans) for the Citywide Protected Left -Turn Enhancements Project to
allow for reimbursement of up to $189,000 in eligible project expenditures through the
Highway Safety Improvements Program (HSIP); and 2) authorizing the establishment of
an Engineering Grants Fund appropriation of $189,000 and corresponding revenue
budget. (Engineering/Public Works)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: December 3, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute Program
Supplement Agreement (PSA) No. F21 with the State of California Department of Transportation (Caltrans) for
the Citywide Protected Left -Turn Enhancements Project to allow for reimbursement of up to $189,000 in eligible
project expenditures through the Highway Safety Improvements Program (HSIP); and 2) authorizing the
establishment of an Engineering Grants Fund appropriation of $189,000 and corresponding revenue budget.
PREPARED BY: Jose Lopez, P.E., Associate Civil Engineer
PHONE: 619-336-4312
EXPLANATION:
See attached.
FINANCIAL STATEMENT:
ACCOUNT NO.
HSIP Grant - $189,000
Revenue Account No. 296-06607-3498
Expenditure Account No. 296-409-500-598-6607 (Citywide Protected Left -Turn Enhancements)
DEPARTMENT: Engineering/Public Works
APPROVED BY:
/g)
APPROVED:
APPROVED:
Required Local Match - $21,000 (appropriated through FY 2020 CIP Budget)
Expenditure Account No. 307-409-500-598-6558 (Traffic Signal Upgrades);
ENVIRONMENTAL REVIEW:
Environmental clearance will be obtained at the completion of the preliminary engineering phase.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
MIS
STAFF RECOMMENDATION:
Adopt Resolution authorizing the Mayor to execute PSA No. F21 with Caltrans for the Citywide Protected Left -
Turn Enhancements Project to allow for reimbursement of up to $189,000 in HSIP grant funds.
BOARD / COMMISSION RECOiilMI'J ENDA`f"ION;
N/A
ATTACHMENTS:
1. Explanation w/Exhibit
2. Program Supplement Agreement
3. Resolution
1.3 Ul w i l
Explanation
On December 19, 2018, the California Department of Transportation (Caltrans)
awarded a $1,390,590 Highway Safety Improvement Program (HSIP) grant for
the Citywide Protected Left -Turn Enhancements Project. The awarded amount
consists of $189,000 for preliminary engineering (PE), and $1,201,590 for
construction.
On October 23, 2019, Caltrans authorized the City to proceed with the PE phase
in the amount of $189,000, There is a $21,000 local match requirement, which is
available through prior City Council local TransNet appropriations for FY 2020
Traffic Signal Upgrades CIP. Upon completion of the PE phase, staff will submit
a request to Caltrans to authorize the construction funds. Once authorized, staff
will return to City Council to appropriate the construction funds.
The project will upgrade existing permissive left -turn phases and signal heads
with protected left -turn phases on existing and/or new traffic signal poles and
mast arms along the following corridors: 8th Street, 18th Street, "D" Avenue,
Euclid Avenue, Plaza Boulevard, Palm Avenue, Sweetwater Road, Roosevelt
Avenue, and Mile of Cars Way (see attached exhibit). The project also includes
restriping to include protected left -turn lanes at several of these intersections.
City Council Resolution authorizing the Mayor to execute Program Supplement
Agreement No. F21 to Administering Agency -State Master Agreement No.
5086F15 is required to allow for reimbursement of eligible project expenditures
through the HSIP grant.
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2018 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
ATTACHMENT
2
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PROGRAM SUPPLEMENT NO. F021
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 11-5066F15
Adv Project ID Date:
1120000021 Location:
Project Number:
E.A. Number:
Locode: 5066
November 15, 2019
11-SD-O-NATC
HSIPL-5066(041)
This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid
which was entered into between the Administering Agency and the State on 07/11/16 and is subject to all the terms and
conditions thereof. This Program Supplement Is executed in accordance with Article I of the aforementioned Master
Agreement under authority of Resolution No. approved by the Administering Agency on
(See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from
sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special
covenants or remarks set forth on the following pages.
PROJECT LOCATION: Signalized intersections at the following corridors: 8th Street, 181h Street, D Avenue, Euclid
Avenue, Plaza Blvd, Palm Avenue, Sweetwater Road, and Roosevelt Avenue.
TYPE OF WORK: Upgrade existing permissive left -turn phases & signet heads w LENGTH: 0.0(MILES)
protective left -turn phases on existin
Estimated Cost
Federal Funds
Matching Funds
$210,000.00
,ZS30 $189,000.00
LOCAL
$21,000.0
OTHER
$0.0C
CITY OF NATIONAL CITY
By
Title
Date
Attest
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer
Date i 14 49
$189,000,00
Program Supplement 11-5066F15-F021- ISTEA Page 1 of 6
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11-SD-O-NATC
HSIPL-5066(041)
SPECIAL COVENANTS OR REMARKS
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for
specific phase(s) with an "Authorization to Proceed" and will not proceed with future
phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE
for that phase(s) unless no further State or Federal funds are needed for those future
phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might
be made available by future Federal obligations will be encumbered on this PROJECT by
use of a STATE -approved "Authorization to Proceed" and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will
be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the
District Local Assistance Engineer within 60 days of project contract award and prior to
the submittal of the ADMINISTERING AGENCY'S first invoice for the construction
contract.
Failure to do so will cause a delay in the State processing invoices for the construction
phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once
every six months commencing after the funds are encumbered for each phase by the
execution of this Project Program Supplement Agreement, or by STATE's approval of an
applicable Finance Letter. STATE reserves the right to suspend future
authorizations/obligations for Federal aid projects, or encumbrances for State funded
projects, as well as to suspend invoice payments for any on -going or future project by
ADMINISTERING AGENCY if PROJECT costs have not been invoiced by
ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of the absence of PROJECT
activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of
Expenditures" within 180 days of PROJECT completion will result in STATE imposing
sanctions upon ADMINISTERING AGENCY in accordance with the current Local
Assistance Procedures Manual.
F. Administering Agency shall not discriminate on the basis of race, religion, age,
disability, color, national origin, or sex in the award and performance of any Federal -
Program Supplement 11-5066F15-F021- ISTEA Page 2 of 6
17 of 191
11-SD-0-NATC
HSIPL-5066(041)
SPECIAL COVENANTS OR REMARKS
assisted contract or in the administration of its DBE Program Implementation Agreement.
The Administering Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted
contracts. The Administering Agency's DBE Implementation Agreement is incorporated
by reference in this Agreement. Implementation of the DBE Implementation Agreement,
including but not limited to timely reporting of DBE commitments and utilization, is a legal
obligation and failure to carry out its terms shall be treated as a violation of this
Agreement. Upon notification to the Administering Agency of its failure to carry out its
DBE Implementation Agreement, the State may impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
G. Any State and Federal funds that may have been encumbered for this project are
available for disbursement for limited periods of time. For each fund encumbrance the
limited period is from the start of the fiscal year that the specific fund was appropriated
within the State Budget Act to the applicable fund Reversion Date shown on the State
approved project finance letter. Per Government Code Section 16304, all project funds
not liquidated within these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested by the ADMINISTERING AGENCY and
approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District
Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to
avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's
Office and the Department of Finance; in order for payment to be made, the last date the
District Local Assistance Engineer can forward an invoice for payment to the
Department's Local Programs Accounting Office for reimbursable work for funds that are
going to revert at the end of a particular fiscal year is May 15th of the particular fiscal
year. Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement involving
applicable funds that is not received by the Department's Local Programs Accounting
Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid.
These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal -aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Exclusion List. Exclusions can be
found at www.sam.gov.
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and
procedures (including those set forth in the Local Assistance Procedures Manual and the
Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL
ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of
Program Supplement 11-5066F15-F021- ISTEA Page 3 of 6
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11 -SD-O-NATC
HSIPL-5066(041)
SPECIAL COVENANTS OR REMARKS
Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable
federal laws, regulations, and policy and procedural or instructional memoranda, unless
otherwise specifically waived as designated in the executed project -specific PROGRAM
SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE
PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup
documentation for costs incurred and claimed for reimbursement by ADMINISTERING
AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup
documentation with invoices if requested by State. Acceptable backup documentation
includes, but is not limited to, agency's progress payment to the contractors, copies of
cancelled checks showing amounts made payable to vendors and contractors, and/or a
computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (1CAP/ICRP), Central
Service Cost Allocation Plans and related documentation are to be prepared and provided
to STATE (Caltrans Audits & Investigations) for review and approval prior to
ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each
fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be
prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of
the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures
established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING
AGENCY submits the Final Report of Expenditures for each completed PROGRAM
SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and
subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its
contractors and subcontractors claimed for reimbursement or as local match credit shall
not exceed rates authorized to be paid rank and file STATE employees under current
State Department of Personnel Administration (DPA) rules. If the rates invoiced by
ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is
responsible for the cost difference, and any overpayments inadvertently paid by STATE
shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty
(30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards,
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and
subcontractors will be obligated to agree, that Contract Cost Principles and Procedures,
48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be
Program Supplement 11-5066F15-F021- ISTEA Page 4 of 6
19 of 191
11-SD-0-NATC
I-ISIPL-5066(041)
SPECIAL COVENANTS OR REMARKS
used to determine the allowability of individual PROJECT cost items.
I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply
with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures,
Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381
(non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or
credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200,
23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL
regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT
WORK and records and ADMINISTERING AGENCY agrees, and shall require its
contractors and subcontractors to agree, to cooperate with STATE by making all
appropriate and relevant PROJECT records available for audit and copying as required
by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and
subcontractors, and STATE shall each maintain and make available for inspection and
audit by STATE, the California State Auditor, or any duly authorized representative of
STATE or the United States all books, documents, papers, accounting records, and other
evidence pertaining to the performance of such contracts, including, but not limited to, the
costs of administering those various contracts and ADMINISTERING AGENCY shall
furnish copies thereof if requested. All of the above referenced parties shall make such
AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their
respective offices at all reasonable times during the entire PROJECT period and for three
(3) years from the date of submission of the final expenditure report by the STATE to the
FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and
maintain a financial management system and records that properly accumulate and
segregate reasonable, allowable, and allocable incurred PROJECT costs and matching
funds by line item for the PROJECT. The financial management system of
ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to
Generally Accepted Accounting Principles, enable the determination of incurred costs at
interim points of completion, and provide support for reimbursement payment vouchers or
invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single
Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal
year of the Catalogue of Federal Domestic Assistance,
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS
adopting the terms of this AGREEMENT in the schedule of projects to be examined in
ADMINISTERING AGENCY's annual audit and in the schedule of projects to be
Program Supplement 11-5066F15-F021- ISTEA Page 5 of 6
20 of 191
11-SD-0-NATC
HSIPL-5066(041)
SPECIAL COVENANTS OR REMARKS
examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000,
construction contracts over $10,000, or other contracts over $25,000 [excluding
professional service contracts of the type which are required to be procured in
accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a
noncompetitive negotiation for work to be performed under this AGREEMENT without the
prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if
intended as local match credit, must meet the requirements set forth in this AGREEMENT
regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this
AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this
agreement.
3. In the event that right of way acquisition for or construction of this project of the initial
federal authorization for preliminary engineering is not started by the close of the tenth
fiscal year following the fiscal year in which the project is authorized, the
ADMINISTERING AGENCY shall repay the Federal Highway Administration through
Caltrans the sum of Federal funds paid under the terms of this agreement.
Program Supplement 11-5066F15-F021- ISTEA Page 6 of 6
21 of 191
CC/CDC-HA Agenda
12/3/2019 — Page 22
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City ordering the submission of Ordinance No.
2019-2463, An Ordinance of the City Council of the City of National City adding
Chapter 8.38 to the National City Municipal Code prohibiting the retail sale of dogs, cats
and rabbits to the qualified voters of the City of National City at the Special Municipal
Election to be held on Tuesday, March 3, 2020. (City Attorney)
Please scroll down to view the backup material.
22 of 191
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: December 3, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City ordering the submission of Ordinance No.
2019-2463, "An Ordinance of the City Council of the City of National City adding Chapter 8.38 to the
National City Municipal Code prohibiting the retail sale of dogs, cats and rabbits" to the qualified voters
of the City of National City at the Special Municipal Election to be held on March 3, 2020. (City
Attorney)
PREPARED BY: Angil Morris -Jones, City Attorney DEPARTMENT:
PHONE: 619-336-4222 APPROVED B
EXPLANATION:
Per City Council direction at the November 19, 2019 City Council Meeting, the City Attorney was
directed to draft a Resolution to place a measure to repeal Ordinance No. 2019-2463 on the
March 3, 2020 Primary Ballot wherein the voters shall decide whether or not to repeal Ordinance
No. 2019-2463.
One of the four Resolutions required to carry out the Council's direction is this Resolution calling
for and giving notice of a Special Municipal Election to be held on Tuesday, March 3, 2020.
FINANCIAL STATEMENT:
ACCOUNT NO.
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Resolution
23of191
CC/CDC-HA Agenda
12/3/2019 — Page 24
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City calling and giving notice of the holding of a
Special Municipal Election to be held on Tuesday, March 3, 2020 for the purpose of
submission of a ballot measure to the voters as required by the provisions of the laws of
the State of California relating to General Law Cities. (City Attorney)
Please scroll down to view the backup material.
24 of 191
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: December 3, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City calling and giving notice of the holding of a
Special Municipal Election to be held on Tuesday, March 3, 2020 for the purpose of submission of a
ballot measure to the voters as required by the provisions of the laws of the State of California relating
to General Law Cities. (City Attorney)
PREPARED BY: Angil Morris -Jones, City Attorney
PHONE: 619-336-4222
EXPLANATION:
Per City Council direction at the November 19, 2019 City Council Meeting, the City Attorney was
directed to draft a Resolution to place a measure to repeal Ordinance No. 2019-2463 on the
March 3, 2020 Primary Ballot wherein the voters shall decide whether or not to repeal Ordinance
No. 2019-2463.
One of the four Resolutions required to carry out the Council's direction is this Resolution ordering the
submission of a Measure to the qualified voters of the City of National City at the Special Municipal
Election to be held on Tuesday, March 3, 2020, to repeal Ordinance No. 2019-2463.
FINANCIAL Sl'ATEMENT:
ACCOUNT •
ENVIRONMENTAL
•-D-•D•
FINAL ,'•- •
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Resolution
25af191
CC/CDC-HA Agenda
12/3/2019 — Page 26
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City requesting the Board of Supervisors of the
County of San Diego to consolidate a Special Municipal Election to be held on Tuesday,
March 3, 2020 with the Statewide Presidential Primary Election to be held on that date
pursuant to Section 10403 of the Elections Code. (City Attorney)
Please scroll down to view the backup material.
26 of 191
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: December 3, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City requesting the Board of Supervisors of the
County of San Diego to consolidate a Special Municipal Election to be held on Tuesday, March 3,
2020 with the Statewide Presidential Primary Election to be held on that date pursuant to Section
10403 of the Elections Code. (City Attorney)
PREPARED BY: Angil Morris -Jones, City Attorney DEPARTMENT: Cit >".
PHONE: 619-336-4222
APPROVED
EXPLANATION:
Per City Council direction at the November 19, 2019 City Council Meeting, the City Attorney was
directed to draft a Resolution to place a measure to repeal Ordinance No. 2019-2463 on the
March 3, 2020 Primary Ballot wherein the voters shall decider whether or not to repeal Ordinance
No. 2019-2463.
One of the four Resolutions required to carry out the Council's direction is this Resolution requesting
the Board of Supervisors of the County of San Diego to consolidate a Special Municipal Election to
be held on Tuesday, March 3, 2020 with the Statewide Primary Election to be held on that date
pursuant to Section 10403 of the Elections Code.
FINANCIAL STATEMENT:
ACCOUNT NO.
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Resolution
27 of 19-71
CC/CDC-HA Agenda
12/3/2019 — Page 28
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the filing of an impartial analysis
and written arguments, relating to a measure to repeal Ordinance No. 2019-2463, "An
Ordinance of the City Council of the City of National City adding Chapter 8.38 to the
National City Municipal Code prohibiting the retail sale of dogs, cats and rabbits". (City
Attorney)
Please scroll down to view the backup material.
28 of 191
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: December 3, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the filing of an impartial analysis
and written arguments, relating to a measure to repeal Ordinance No. 2019-2463, "An Ordinance of
the City Council of the City of National City adding Chapter 8.38 to the National City Municipal Code
prohibiting the retail sale of dogs, cats and rabbits". (City Attorney)
PREPARED BY: Angil Morris -Jones, City Attorney
PHONE: 619-336-4222
EXPLANATION:
DEPARTMENT •
APPROVED BY, f H
Per City Council direction at the November 19, 2019 City Council Meeting,` e ity Attorney was
directed to draft a Resolution to place a measure to repeal Ordinance No. 2019-2463 on the
March 3, 2020 Primary Ballot wherein the voters shall decider whether or not to repeal Ordinance
No. 2019-2463.
One of the four Resolutions required to carry out the Council's direction is this Resolution authorizing
the filing of an impartial analysis and written arguments, and directing the City Attorney to prepare an
Ordinance, relating to a measure to repeal Ordinance No. 2019-2463.
FINANCIAL STATEMENT:
ACCOUNT NO.
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Resolution
29 of 191
CC/CDC-HA Agenda
12/3/2019 — Page 30
The following page(s) contain the backup material for Agenda Item: Investment Report
for the quarter ended September 30, 2019. (Finance)
Please scroll down to view the backup material.
30 of 191
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: December 3, 2019 AGENDA ITEM NO.:
ITEM TITLE:
Investment Report for the quarter ended September 30, 2019.
PREPARED BY: ge,sedd Gail
PHONE: 619-336-4346
EXPLANATION:
See attached staff report.
DEPARTMENT: Finance
APPROVED BY:
FINANCIAL STATEMENT: APPROVED: FINANCE
ACCOUNT NO. APPROVED: MIS
See attached staff report.
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION
FINAL ADOPTION
STAFF RECOMMENDATION:
Accept and File the Investment Report for the Quarter ended September 30, 2019.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Staff Report
2. Investment Listings
31 of 191
CALIFORNIA
CITIr
� o
INCORPORATED
City Council Staff Report
December 3, 2019
ITEM
Staff Report: Investment Report for the quarter ended September 30, 2019.
BACKGROUND
The California Government Code (§ 53646(b)) requires that, when the treasurer or the chief
fiscal officer of a local agency renders to the legislative body of the agency a quarterly report on
the agency's investment portfolio, such report shall include the following information regarding
all securities, investments, and moneys held by the local agency:
➢ type of investment;
➢ issuer (bank or institution);
➢ date of maturity;
➢ dollar amount invested; and
➢ current market valuation as of the date of the report.
In addition, the Government Code (§ 53646(b)(2)) requires that the report state the City's
compliance with its investment policy and include a statement regarding the ability of the local
agency to meet its pool's ability to meet its expenditure requirements Code (§ 53646(b)(3)).
OVERVIEW OF CITY INVESTMENTS
The City's pooled investment portfolio balance as of September 30, 2019 is summarized below
and compared to the balance as of September 30, 2018.
Table 1
9/30/2019
9/30/2018
Book Value 1
$
79,458,718
$
56,042,949
Market Value 2
$
80, 310,479
$
55, 785, 574
(1) actual cost of investments
(2) amount at which the investments could be sold
The County of San Diego Pooled Money Fund and Chandler Asset Management comprise
89.49% of the City of National City's total investment portfolio (50.57% and 38.92%,
respectively). These are liquid investment pools that allow participants to earn market rate
returns, while retaining access to funds within 24 to 48 hours of a withdrawal request with no
32 of 191
Page 2
Staff Report: Investment Report for the quarter ended September 30, 2019.
December 3, 2019
penalty. The remainder of the City's portfolio is composed of investments that may be
liquidated at any time. However, these investments likely do not provide the short liquidity (i.e.,
quick access to funds) of the pooled money funds, and liquidation/withdrawal of these
investments is at the risk of loss and/or penalty to the City.
Summaries of the City's investment portfolio are illustrated below.
INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER
As of September 30, 2019
Table 2
Issuer/Manager
Total Market % of
Book Value Market Value' YTM Portfolio
Local Agency Investment Fund $6,272,094 2 $6,443,319 2.43% 3 8.02%
Chandler Asset Management 30,734,876 31,256,160 2.00% 38.92%
County of San Diego 40,451,748 40,611,000 2.39% 50.57%
Certificate of Deposit Account Registry Service (CDARS) 2,000,000 2,000,000 1.49% 2.49%
Totals for September 30, 2019
$79,458,718 $80,310,479 100.00%
' includes accrued interest
2 includes LAIF participation factor of 1.001642817
3 calculated on 30/360 basis
TOTAL MARKET VALUE
$80,310,479
$6,443,319
2,000,000
33 of 191
Page 3
Staff Report: Investment Report for the quarter ended September 30, 2019.
December 3, 2019
Table 3
INVESTMENT PERFORMANCE BY ISSUER/MANAGER
For the Quarter Ended September 30, 2019
Total Market Value'
Issuer/Manager
Period Yield
9/30/19 6/30/19 Change Return (Net)3
Chandler Asset Management 31,256,160 31,036,585 219,575 0.73% NA
County of San Diego 40,611,000 8,354,000 32,257,000 0.25% 1.01%
Local Agency Investment Fund $6,443,319 $53,362,810 ($46,919,492) 0.62% 2.49%
Neighborhood National Bank (CDAR 2,000,000 2,000,000 $0 0.001% 4 0.00%
Totals for September 30, 2019
$78,310,479 $92,753,395 ($14,442,917) 2 0.93% 4
' includes accrued interest
2 total include withdrawal(s) of: $1,000,000 (9/17/19); $37,000,000 (8/13/19); $12,500,000 (7/23/19); deposit(s)
$2,000,000 (8/28/19); $32,000,000 (8/16/19) $1,500,000 (7/1/19),; plus gains or losses
3 annualized
4 weighted
COMPLIANCE STATEMENT
All of the City's investments are in compliance with the City's investment policy (City Council
Policy No. 203) and the California Government Code (§ 53601 et seq).
FINANCIAL STATEMENT
Realized and unrealized gains for the period, reflected below, were $293,569. These changes
include changes in security market values, gain or loss from the sale of assets, accrued interest,
and reinvested interest/earnings.
Table 4
Issuer/Manager Gain/(Loss)
Chandler Asset Management $ 54,765
County of San Diego 74,926
Neighborhood National Bank (CDARS) 2,957
LAIF 160,921
Totals for September 30, 2019 $ 293,569
The difference between the changes reflected in the previous two tables is attributable to the
purchase and sale of securities for which the first of the tables accounts but the second table
typically does not (unless an investment is sold before maturity).
STAFF CERTIFICATION
Staff certifies that there are sufficient funds to meet the pool's expenditure requirements.
RECOMMENDATIONS
Accept and file the Investment Report for the quarter ended September 30, 2019.
34 of 191
10/2/2019
LAIF Regular Monthly Statement
California State Treasurer
Fiona Ma, CPA
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
CITY OF NATIONAL CITY
FINANCE DIRECTOR
1243 NATIONAL CITY BLVD
NATIONAL CITY, CA 91950-4397
Account Number: 98-37-576
September 2019 Statement
Effective Transaction Tran Confirm
Date Date Type Number
9/17/2019 9/17/2019 RW 1617457
Account Summary
Total Deposit:
Total Withdrawal:
October 02, 2019
LAIF Home
PMIA Average Monthly
Yields
Tran Type Definitions
Authorized Caller
KARIM GALEANA
0.00 Beginning Balance:
-1,000,000.00 Ending Balance:
Amount
-1,000,000.00
7,272,094.15
6,272,094.15
https://laifms.treasurer.ca.gov/RegularStatementaspx
35 of 191
10/2/2019
LAIF Regular Monthly Statement
California State Treasurer
Fiona Ma, CPA
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
CITY OF NATIONAL CITY
FINANCE DIRECTOR
1243 NATIONAL CITY BLVD
NATIONAL CITY, CA 91950-4397
Account Number: 98-37-576
August 2019 Statement
Effective Transaction Tran Confirm
Date Date Type Number
8/13/2019 8/13/2019 RW 1615140
8/28/2019 8/27/2019 RD 1616183
Account Summary
Total Deposit:
Total Withdrawal:
October 02, 2019
LAIF Home
PMIA Average Monthly
Yields
Tran Type Definitions
Authorized Caller Amount
KARIM GALEANA -37,000,000.00
KARIM GALEANA 2,000,000.00
2,000,000.00 Beginning Balance:
-37,000,000.00 Ending Balance:
42,272,094.15
7,272,094.15
https://laifms.treasurer.ca.gov/RegularStatementaspx
36 of 191
LAIF Regular Monthly Statement Page 1 of 1
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
CITY OF NATIONAL CITY
FINANCE DIRECTOR
1243 NATIONAL CITY BLVD
NATIONAL CITY, CA 91950-4397
Effective Transaction Tran Confirm
Date Date Type Number
7/1/2019 7/1/2019 RD 1609777
7/15/2019 7/12/2019 QRD 1612695
7/23/2019 7/23/2019 RW 1613700
Account Summary
Total Deposit:
Total Withdrawal:
PMIA Average Monthly Yields
Account Number:
98-37-576
Tran Type Definitions
Authorized Caller
KARIM GALEANA
SYSTEM
KARIM GALEANA
1,777,093.30 Beginning Balance:
-12,500,000.00 Ending Balance:
Amount
1,500,000.00
277,093.30
-12,500,000.00
www.treasurer.ca.gov/pmia-laif/laif.asp
August 12, 2019
July 2019 Statement
52,995,000.85
42,272,094.15
https://laifms.treasurer.ca.gov/RegularStatement.aspx
37 of 191
8/ 12/2019
10/22/2019 Untitled Page
:44 YKt co
r
BETTY T. YEE
California State Controller
LOCAL AGENCY INVESTMENT FUND
REMITTANCE ADVICE
Agency Name
NATIONAL CITY
Account Number 98-37-576
As of 10/15/2019, your Local Agency Investment Fund account has been directly credited
with the interest earned on your deposits for the quarter ending 09/30/2019.
Earnings Ratio
Interest Rate
Dollar Day Total
Quarter End Principal Balance
Quarterly Interest Earned
$
$
.00006701807521016
2.45%
2,401,153,355.60
6,272,094.15
160,920.68
https://laif.sco.ca.gov/Result.aspx
38 of 191
VA/ EST,if State of California
c PMIA vo Pooled Money Investment Account
d Market Valuation
�9FFTY. innuD1t� v\��O 9/3 0/2 019
Carrying Cost Plus
Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest
United States Treasury:
Bills
$ 19,962,799,548.19
$ 20,149,631,218.46
$ 20,170,090,000.00
NA
Notes
$ 29,230,407,269.94
$ 29,224,407,968.98
$ 29,342,840,500.00
$ 124,119,915.50
Federal Agency:
SBA
$ 620,381,235.24
$ 620,381,235.24
$ 617,521,687.16
$ 1,426,589.91
MBS-REMICs
$ 20,423,873.00
$ 20,423,873.00
$ 21,069,725.56
$ 95,454.83
Debentures
$ 2,293,822,254.52
$ 2,293,719,546.19
$ 2,306,791,550.00
$ 9,880,630.25
Debentures FR
$ -
$ -
$ -
$ -
Debentures CL
$ 450,000,000.00
$ 450,000,000.00
$ 450,819,500.00
$ 1,309,916.50
Discount Notes
$ 13,081,447,402.81
$ 13,155,472,340.33
$ 13,157,427,000.00
NA
Supranational Debentures
$ 539,155,502.87
$ 539,155,502.87
$ 543,537,100.00
$ 2,598,084.50
Supranational Debentures FR
$ 200,220,716.29
$ 200,220,716.29
$ 200,322,832.09
$ 789,345.53
CDs and YCDs FR
$ 400,000,000.00
$ 400,000,000.00
$ 400,000,000.00
$ 965,740.06
Bank Notes
$ 650,000,000.00
$ 650,000,000.00
$ 649,844,510.98
$ 4,031,486.11
CDs and YCDs
$ 16,975,000,000.00
$ 16,975,000,000.00
$ 16,978,243,253.92
$ 122,495,097.25
Commercial Paper
$ 7,386,012,069.47
$ 7,418,124,113.81
$ 7,418,575,176.70
NA
Corporate:
Bonds FR
$ -
$ -
$ -
$ -
Bonds
$ -
$ -
$ -
$ -
Repurchase Agreements
$ -
$ -
$ -
$ -
Reverse Repurchase
$ -
$ -
$ -
$ -
Time Deposits
$ 4,833,740,000.00
$ 4,833,740,000.00
$ 4,833,740,000.00
NA
AB 55 & GF Loans
$ 795,980,000.00
$ 795,980,000.00
$ 795,980,000.00
NA
TOTAL
$ 97,439,389,872.33
$ 97,726,256,515.17
$ 97,886,802,836.41
$ 267,712,260.44
Fair Value Including Accrued Interest
* Governmental Accounting Standards Board (GASB) Statement #72
Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and
Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
$ 98,154,515,096.85
The value of each participating dollar equals the fair value divided by the amortized cost (1.001642817).
As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its
participation in the LAIF valued at $20,032,856.33 or $20,000,000.00 x 1.001642817.
39 of 191
ICity of National City -Account #10162
MONTHLY ACCOUNT STATEMENT
SEPTEMBER 1, 2019 THROUGH SEPTEMBER 30, 2019
Chandler Team:
For questions about your account, please call (800) 317-4747,
or contact operations@chandlerasset.com
Custodian
Bank of New York Mellon
Lauren Dehner
(904) 645-1918
CHANDLER ASSET MANAGEMENT
chandlerasset,com
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures.
40 of 191
City of National City
Account#10162
Portfolio Summary
As of September 30, 2019
CM
PORTFOLIO CHARACTERISTICS
Average Modified Duration
Average Coupon
Average Purchase YTM
Average Market YTM
Average S&P/Moody Rating
Average Final Maturity
Average Life
1.77
2.10%
2.18%
1.83%
AA/Aa1
1.97 yrs
1.83 yrs
SECTOR ALLOCATION
Agency
US Treasury
US Corp
ABS _ 6.0%
Comm Paper ■ 3.8%
Neg CD 2.0%
supras 11.6%
Money Mkt Fd 10.3%
PERFORMANCE REVIEW
24.0%
33.0%
29.3%
ACCOUNT SUMMARY
Beg. Values
as of 8/31/19
End Values
as of 9/30/19
Market Value
Accrued Interest
Total Market Value
Income Earned
Cont/WD
Par
Book Value
Cost Value
31,135, 007
142,821
31,106, 634
149,526
31,277,828
53,267
30,784,640
30,685,873
30,685,873
31,256,160
54,765
-2,244
30,816,457
30,734,876
30,734,876
MATURITY DISTRIBUTION
30%
25%
20%
15%
10%
5%
0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5+
Maturity (Yrs)
TOP ISSUERS
Government of United States
Federal Home Loan Bank
Federal Home Loan Mortgage Corp
Federal National Mortgage Assoc
Toyota Motor Corp
Honda ABS
Toronto Dominion Holdings
MUFG Bank Ltd/NY
Total
29.3%
13.0%
12.2%
7.8%
3.3%
2.1%
2.0%
1.9%
71.6%
CREDIT QUALITY (S&P)
AA (70.8%)
NR (3.5%)
AAA (9.1%)
-A (16.6%)
Annualized
TOTAL RATE OF RETURN
1M
3M YTD 1YR
2YRS
3YRS 5YRS 10YRS 2/29/2012
City of National City
ICE BAML 1-3 Yr US Treasury/Agency Index
ICE BAML 1-3 Yr US Corp/Govt Rated AAA -A Index
- 0.06%
- 0.11%
- 0.08%
0.73%
0.58%
0.65%
3.35%
3.02%
3.25%
4.53%
4.35%
4.52%
2.47%
2.18%
2.34%
1.81%
1.54%
1.72%
1.53%
1.33%
1.50%
N/A
N/A
N/A
1.19%
1.05%
1.25%
Chandler Asset Management - CONFIDENTIAL Page 1
Execution Time: 10/1/2019
41 of 191
Statement of Compliance
As of September 30, 2019
Category
Municipal Securities
Treasury Issues
Agency Issues
Supranationals
Banker's Acceptances
Commercial Paper
FDIC insured Time Deposits/ Certificates
of Deposit
Negotiable Certificates of Deposit
Corporate Medium Term Notes
Money Market Mutual Funds
Mortgage Pass-throughs, CMOs and Asset
Backed Securities
Local Agency Investment Fund - LAIF
Prohibited Securities
Callable Securities
Maximum Issuer
Maximum maturity
City of National City
Assets managed by Chandler Asset Management are in full compliance with state law and with the City's investment policy.
Standard
BBB rated equivalent by a NRSRO or 4th highest general classification by a NRSRO; 30% maximum
No Limitation
No Limitation
"AA" rated or higher by a NRSRO; 30% maximum; U.S. dollar denominated; Issued by: IBRD, IFC, IADB
"A-1" rated or higher by at least two NRSROs; and "A" rated long term debt by two NRSROs; 40% maximum; 180 days max
maturity
"A-1" rated or higher by at least two NRSROs; and "A" rated long term debt by two NRSROs; 25% maximum; 270 days max
maturity
Amount per institution limited to the max covered under FDIC; 30% maximum combined certificates of deposit including
CDARS
"A" rated or higher by at least two NRSROs; and/or have short term debt rated "Al" or higher by at least two NRSROs; 30%
maximum
"A" rated or better by at least two NRSROs; 30% maximum; Issued by corporations organized and operating within the U.S.
CA
Comment
Complies
Complies
Complies
Complies
Complies
Complies
Complies
Complies
Complies
AAA rated or equivalent by at least two NRSROs; 20% maximum; SEC registered with assets under management in excess of
$500 million Complies
"AA" rated or better by two NRSROS; "A" rated or higher for the issuer's debt by two NRSROs; 20% maximum
maximum LAIF program; Currently not used by investment adviser
Inverse floaters; Ranges notes; Interest -only strips from mortgaged backed securities; Zero interest accrual securities;
Reverse Repurchase Agreements; Foreign currency denominated sec
20% maximum (does not include "make whole call" securities)
5% max (except US Government, its agencies and enterprises)
5 years
Complies
Complies
Complies
Complies
Complies
Complies
42 of 191
City of National City
Account #10162
Reconciliation Summary
As of September 30, 2019
BOOK VALUE RECONCILIATION
BEGINNING BOOK VALUE
Acquisition
+ Security Purchases
+ Money Market Fund Purchases
+ Money Market Contributions
+ Security Contributions
+ Security Transfers
Total Acquisitions
$1,213,999.75
$635,821.12
$0.00
$0.00
$0.00
$30,685,873.08
$1,849,820.87
Dispositions
- Security Sales
- Money Market Fund Sales
- MMF Withdrawals
- Security Withdrawals
- Security Transfers
- Other Dispositions
- Maturites
- Calls
- Principal Paydowns
Total Dispositions
$0.00
$1,217,753.22
$2,243.52
$0.00
$0.00
$0.00
$540,000.00
$0.00
$44,007.67
$1,804,004.41
Amortization/Accretion
+/- Net Accretion
$0.00
$0.00
Gain/Loss on Dispositions
+/- Realized Gain/Loss
$3,186.22
ENDING BOOK VALUE
$3,186.22
$30,734,875.76
CAI
CASH TRANSACTION SUMMARY
BEGINNING BALANCE
Acquisition
Contributions
Security Sale Proceeds
Accrued Interest Received
Interest Received
Dividend Received
Principal on Maturities
Interest on Maturities
Calls/Redemption (Principal)
Interest from Calls/Redemption
Principal Paydown
Total Acquisitions
Dispositions
Withdrawals
Security Purchase
Accrued Interest Paid
Total Dispositions
$0.00
$0.00
$0.00
$50,257.20
$1,556.25
$540,000.00
$0.00
$0.00
$0.00
$44,007.67
$635,821.12
$2,243.52
$1,213,999.75
$3,753.47
$1,219,996.74
$680,997.06
ENDING BOOK VALUE
$96,821.44
Chandler Asset Management - CONFIDENTIAL
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City of National City
Account #10162
Income Earned
As of September 30, 2019
CM
Trade Date
CUSIP Security Description Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued Accr. Of Discount
Inc. Received Amort. Of Premium
Ending Accrued Net Accret/Amort
Total Interest Income Earned
Total Income
FIXED INCOME
02582JHE3
American Express Credit
2017-3 A
1.77% Due 11/15/2022
02587AAJ3
American Express Credit
2017-1
1.93% Due 09/15/2022
07/03/2018
07/06/2018
190,000.00
186,318.75
0.00
0.00
186,318.75
149.47
280.25
149.47
280.25
0.00
0.00
0.00
280.25
07/16/2018 295,464.84 257.33 0.00
07/18/2018 0.00 482.50 0.00
300,000.00 0.00 257.33 0.00
295,464.84 482.50 482.50
280.25
482.50
02665WAZ4
American Honda Finance
Note
2.45% Due 09/24/2020
07/11/2017 405,848.00 4,273.89 0.00
07/14/2017 0.00 4,900.00 0.00
400,000.00 0.00 190.56 0.00
405,848.00 816.67 816.67
816.67
037833AK6
Apple Inc
Note
2.4% Due 05/03/2023
04/11/2019 395,528.00 3,146.67 0.00
04/15/2019 0.00 0.00 0.00
400,000.00 0.00 3,946.67 0.00
395, 528.00 800.00 800.00
800.00
06051GEU9
Bank of America Corp
Note
3.3% Due 01/11/2023
06406RAA5
Bank of NY Mellon Corp
Callable Note Cont 1/7/2022
2.6% Due 02/07/2022
12/27/2018 393,500.00 1,833.33 0.00
12/31/2018 0.00 0.00 0.00
400,000.00 0.00 2,933.33 0.00
393,500.00 1,100.00 1,100.00
1,100.00
08/14/2018 392,152.00 693.33 0.00
08/16/2018 0.00 0.00 0.00
400,000.00 0.00 1,560.00 0.00
392,152.00 866.67 866.67
866.67
084670BR8
Berkshire Hathaway
Callable Note Cont 1/15/2023
2.75% Due 03/15/2023
08/26/2019 412,068.00 5,072.22 0.00
08/28/2019 0.00 5,500.00 0.00
400,000.00 0.00 488.89 0.00
412,068.00 916.67 916.67
916.67
166764AR1
Chevron Corp
Callable Note Cont 2/3/2020
1.961% Due 03/03/2020
12/13/2017 399,064.00 3,878.42 0.00
12/15/2017 0.00 3,922.00 0.00
400,000.00 0.00 610.09 0.00
399,064.00 653.67 653.67
653.67
22160KAJ4
Costco Wholesale Corp
Callable Note Cont 4/18/2021
2.15% Due 05/18/2021
07/25/2017 401,208.00 2,460.56 0.00
07/28/2017 0.00 0.00 0.00
400,000.00 0.00 3,177.22 0.00
401, 208.00 716.66 716.66
716.66
Chandler Asset Management - CONFIDENTIAL
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City of National City
Account #10162
Income Earned
As of September 30, 2019
CM
Trade Date
CUSIP Security Description Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
24422EUR8
3130A0F70
John Deere Capital Corp
Note
3.45% Due 01/10/2024
FHLB
Note
3.375% Due 12/08/2023
03/14/2019
03/18/2019
400,000.00
01/30/2019
01/31/2019
525,000.00
408,860.00
0.00
0.00
408,860.00
1,955.00
0.00
3,105.00
1,150.00
0.00
0.00
0.00
1,150.00
1,150.00
540,734.25
0.00
0.00
540,734.25
4,085.16
0.00
5,561.72
1,476.56
0.00
0.00
0.00
1,476.56
1,476.56
3130A1XJ2
FHLB
Note
2.875% Due 06/14/2024
Various 605,009.60 3,566.60 0.00
Various 0.00 0.00 0.00
580,000.00 0.00 4,956.18 0.00
605,009.60 1,389.58 1,389.58
1,389.58
3130A3KM5 FHLB 09/10/2019 0.00 0.00 0.00
Note 09/13/2019 591,174.75 (3,753.47) 0.00
2.5% Due 12/09/2022 575,000.00 0.00 4,472.22 0.00
591,174.75 718.75 718.75
718.75
3130A7CV5
FHLB
Note
1.375% Due 02/18/2021
3130AABG2
FHLB
Note
1.875% Due 11/29/2021
10/13/2016 490,960.40 243.30 0.00
10/14/2016 0.00 0.00 0.00
490,000.00 0.00 804.76 0.00
490,960.40 561.46 561.46
561.46
03/08/2017 559,044.90 2,707.29 0.00
03/09/2017 0.00 0.00 0.00
565,000.00 0.00 3,590.10 0.00
559,044.90 882.81 882.81
882.81
313378WG2 FHLB 03/13/2018 596,646.00 7,083.33 0.00
Note 03/14/2018 0.00 7,500.00 0.00
2.5% Due 03/11/2022 600,000.00 0.00 833.33 0.00
596, 646.00 1,250.00 1,250.00
1,250.00
313379Q69
FHLB
Note
2.125% Due 06/10/2022
06/20/2017 607,110.00 2,868.75 0.00
06/21/2017 0.00 0.00 0.00
600,000.00 0.00 3,931.25 0.00
607,110.00 1,062.50 1,062.50
1,062.50
313380FB8
FHLB
Note
Due 09/13/2019
Various 536,816.60 3,465.00 0.00
Various 0.00 3,712.50 0.00
0.00 536,816.60 0.00 0.00
0.00 247.50 247.50
247.50
Chandler Asset Management - CONFIDENTIAL
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City of National City
Account #10162
Income Earned
As of September 30, 2019
Citt
Trade Date
CUSIP Security Description Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
3135G0075
3135G0N82
FNMA
Note
1.5% Due 06/22/2020
FNMA
Note
1.25% Due 08/17/2021
12/17/2015
12/21/2015
575,000.00
568, 778.50
0.00
0.00
568,778.50
01/26/2017 425,444.80
01/31/2017 0.00
440,000.00 0.00
425,444.80
1,653.13
0.00
2,371.88
718.75
0.00
0.00
0.00
718.75
718.75
213.89
0.00
672.22
458.33
0.00
0.00
0.00
458.33
458.33
3135G0T78
FNMA
Note
2% Due 10/05/2022
12/12/2017 494,215.00 4,055.56 0.00
12/13/2017 0.00 0.00 0.00
500,000.00 0.00 4,888.89 0.00
494,215.00 833.33 833.33
833.33
3135G0U27
FNMA
Note
2.5% Due 04/13/2021
07/23/2018 297,771.00 2,875.00 0.00
07/24/2018 0.00 0.00 0.00
300,000.00 0.00 3,500.00 0.00
297,771.00 625.00 625.00
625.00
3135G0W33 FNMA 09/05/2019 0.00 0.00 0.00
Note 09/06/2019 622,825.00 0.00 0.00
1.375% Due 09/06/2022 625,000.00 0.00 596.79 0.00
622,825.00 596.79 596.79
3137EADB2
FHLMC
Note
2.375% Due 01/13/2022
596.79
Various 585,310.00 1,820.83 0.00
Various 0.00 0.00 0.00
575,000.00 0.00 2,958.86 0.00
585, 310.00 1,138.03 1,138.03
1,138.03
3137EADM8 FHLMC 05/05/2015 444,822.75 2,328.13 0.00
Note 05/06/2015 0.00 0.00 0.00
1.25% Due 10/02/2019 450,000.00 0.00 2,796.88 0.00
444,822.75 468.75 468.75
468.75
3137EADR7
FHLMC
Note
1.375% Due 05/01/2020
08/24/2016 460,332.60 2,085.42 0.00
08/25/2016 0.00 0.00 0.00
455,000.00 0.00 2,606.77 0.00
460,332.60 521.35 521.35
521.35
3137EAEF2
FHLMC
Note
1.375% Due 04/20/2020
04/27/2017 457,741.40 2,301.60 0.00
04/28/2017 0.00 0.00 0.00
460,000.00 0.00 2,828.68 0.00
457,741.40 527.08 527.08
527.08
Chandler Asset Management - CONFIDENTIAL
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City of National City
Account #10162
Income Earned
As of September 30, 2019
Trade Date
CUSIP Security Description Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
3137EAEK1
3137EAEL9
FHLMC
Note
1.875% Due 11/17/2020
FHLMC
Note
2.375% Due 02/16/2021
01/18/2018
01/19/2018
600,000.00
594, 780.00
0.00
0.00
594,780.00
3,250.00
0.00
4,187.50
937.50
0.00
0.00
0.00
937.50
937.50
03/13/2018 598,068.00
03/14/2018 0.00
600,000.00 0.00
598,068.00
593.75
0.00
1,781.25
1,187.50
0.00
0.00
0.00
1,187.50
1,187.50
3137EAEN5
FHLMC
Note
2.75% Due 06/19/2023
11/26/2018 593,214.00 3,300.00 0.00
11/27/2018 0.00 0.00 0.00
600,000.00 0.00 4,675.00 0.00
593,214.00 1,375.00 1,375.00
1,375.00
369550BE7
General Dynamics Corp
Note
3% Due 05/11/2021
Various 397,216.30 3,666.66 0.00
Various 0.00 0.00 0.00
400,000.00 0.00 4,666.66 0.00
397,216.30 1,000.00 1,000.00
1,000.00
40428HPV8
HSBC USA Inc
Note
2.75% Due 08/07/2020
43814UAG4
Honda Auto Receivables
2018-2 A3
3.01% Due 05/18/2022
11/16/2017 293,569.90 531.67 0.00
11/20/2017 0.00 0.00 0.00
290,000.00 0.00 1,196.25 0.00
293,569.90 664.58 664.58
664.58
05/22/2018 174,996.19 190.22 0.00
05/30/2018 0.00 438.96 0.00
175,000.00 0.00 190.22 0.00
174,996.19 438.96 438.96
438.96
43814WAB1 HAROT 02/19/2019 134,991.31 134.06 0.00
2019-1 A2 02/27/2019 0.00 309.38 0.00
2.75% Due 09/20/2021 135,000.00 0.00 134.06 0.00
134,991.31 309.38 309.38
309.38
43815HAC1
Honda Auto Receivables Owner
2018-3 A3
2.95% Due 08/22/2022
08/21/2018 254,965.01 208.96 0.00
08/28/2018 0.00 626.87 0.00
255,000.00 0.00 208.96 0.00
254,965.01 626.87 626.87
626.87
43815NAC8
HAROT
2019-3 A3
1.78% Due 08/15/2023
08/20/2019 99,999.17 19.78 0.00
08/27/2019 0.00 89.00 0.00
100,000.00 0.00 79.11 0.00
99,999.17 148.33 148.33
148.33
Chandler Asset Management - CONFIDENTIAL
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City of National City
Account #10162
Income Earned
As of September 30, 2019
CM
Trade Date
CUSIP Security Description Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
459200HM6
IBM Corp
Note
1.625% Due 05/15/2020
45950KCM0
International Finance Corp
Note
2.25% Due 01/25/2021
02/07/2018
02/09/2018
400,000.00
392, 596.00
0.00
0.00
392,596.00
01/24/2018 498,580.00
01/26/2018 0.00
500,000.00 0.00
498, 580.00
1,913.89
0.00
2,455.56
541.67
1,125.00
0.00
2,062.50
937.50
0.00
0.00
0.00
541.67
541.67
0.00
0.00
0.00
937.50
937.50
46625HKA7
JP Morgan Chase
Callable Note Cont 12/23/2019
2.25% Due 01/23/2020
08/23/2017 403,336.00 950.00 0.00
08/28/2017 0.00 0.00 0.00
400,000.00 0.00 1,700.00 0.00
403,336.00 750.00 750.00
750.00
477870AC3
JDOT
2019-B A3
2.21% Due 12/15/2023
07/16/2019 114,975.59 261.21 0.00
07/24/2019 0.00 360.05 0.00
115,000.00 0.00 112.96 0.00
114,975.59 211.80 211.80
211.80
47788EAB4
47789JAB2
John Deere Owner Trust
2018-B A2
2.83% Due 04/15/2021
07/18/2018 249,914.83 314.35 0.00
07/25/2018 0.00 589.41 0.00
224,593.93 25,330.10 282.49 0.00
224,584.73 557.55 557.55
John Deere Owner Trust
2019-A A2
2.85% Due 12/15/2021
557.55
03/05/2019 199,990.88 253.33 0.00
03/13/2019 0.00 475.00 0.00
200,000.00 0.00 253.33 0.00
199,990.88 475.00 475.00
475.00
594918BG8
Microsoft
Callable Note Cont. 10/3/2020
2% Due 11/03/2020
07/11/2017 270,999.00 1,770.00 0.00
07/14/2017 0.00 0.00 0.00
270,000.00 0.00 2,220.00 0.00
270,999.00 450.00 450.00
450.00
68389XBK0
Oracle Corp
Callable Note Cont 8/15/2021
1.9% Due 09/15/2021
10/26/2017 395,816.00 3,504.44 0.00
10/31/2017 0.00 3,800.00 0.00
400,000.00 0.00 337.78 0.00
395,816.00 633.34 633.34
633.34
69353RFE3
PNC Bank
Callable Note Cont 6/28/2022
2.45% Due 07/28/2022
04/24/2018 385,792.00 898.33 0.00
04/26/2018 0.00 0.00 0.00
400,000.00 0.00 1,715.00 0.00
385,792.00 816.67 816.67
816.67
Chandler Asset Management - CONFIDENTIAL
Page 19 Execution Time: 10/1/2019 !
48 of 191
City of National City
Account #10162
Income Earned
As of September 30, 2019
Citt
Trade Date
CUSIP Security Description Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
857477AV5
State Street Bank
Note
1.95% Due 05/19/2021
89236TFS9
Toyota Motor Credit Corp
Note
3.35% Due 01/08/2024
07/12/2017
07/17/2017
400,000.00
396,056.00
0.00
0.00
396,056.00
2,210.00
0.00
2,860.00
650.00
0.00
0.00
0.00
650.00
650.00
05/20/2019 411,444.00
05/22/2019 0.00
400,000.00 0.00
411,444.00
1,972.78
0.00
3,089.44
1,116.66
0.00
0.00
0.00
1,116.66
1,116.66
89237RAB4
Toyota Auto Receivable
2017-C A2A
Due 07/15/2020
07/25/2017 1,335.14 0.94 0.00
08/02/2017 0.00 1.78 0.00
0.00 1,335.14 0.00 0.00
0.00 0.84 0.84
0.84
89238BAB8
Toyota Auto Receivables Owner
2018-A A2A
2.1% Due 10/15/2020
01/23/2018 52,377.52 48.89 0.00
01/31/2018 0.00 91.67 0.00
35,041.50 17,339.61 32.71 0.00
35,037.91 75.49 75.49
75.49
89238KAD4
Toyota Auto Receivables Owner
2017-D A3
1.93% Due 01/18/2022
91159HHL7
US Bancorp
Callable Note 1X 12/29/2020
2.35% Due 01/29/2021
04/16/2019 129,004.69 90.60 0.00
04/18/2019 0.00 209.08 0.00
130,000.00 0.00 90.60 0.00
129,004.69 209.08 209.08
209.08
07/19/2017 404,036.00 835.56 0.00
07/24/2017 0.00 0.00 0.00
400,000.00 0.00 1,618.89 0.00
404,036.00 783.33 783.33
783.33
9128284D9
US Treasury
Note
2.5% Due 03/31/2023
12/27/2018 448,505.86 4,733.61 0.00
12/28/2018 0.00 5,625.00 0.00
450,000.00 0.00 30.74 0.00
448,505.86 922.13 922.13
922.13
912828G53
US Treasury
Note
1.875% Due 11/30/2021
08/28/2017 604,994.20 2,858.61 0.00
08/29/2017 0.00 0.00 0.00
600,000.00 0.00 3,780.74 0.00
604,994.20 922.13 922.13
922.13
912828J50
US Treasury
Note
1.375% Due 02/29/2020
07/25/2017 598,408.26 22.66 0.00
07/26/2017 0.00 0.00 0.00
600,000.00 0.00 702.61 0.00
598,408.26 679.95 679.95
679.95
Chandler Asset Management - CONFIDENTIAL
Page 20 Execution Time: 10/1/2019 !
49 of 191
City of National City
Account #10162
Income Earned
As of September 30, 2019
CAI
Trade Date
CUSIP Security Description Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
912828L24
912828L32
US Treasury
Note
1.875% Due 08/31/2022
US Treasury
Note
1.375% Due 08/31/2020
09/06/2018
09/07/2018
450,000.00
435,445.31
0.00
0.00
435,445.31
23.18
0.00
718.58
695.40
0.00
0.00
0.00
695.40
695.40
Various 600,184.82
Various 0.00
600,000.00 0.00
600,184.82
22.67
0.00
702.61
679.94
0.00
0.00
0.00
679.94
679.94
912828M80
US Treasury
Note
2% Due 11/30/2022
04/11/2019 593,554.69 3,049.18 0.00
04/15/2019 0.00 0.00 0.00
600,000.00 0.00 4,032.79 0.00
593,554.69 983.61 983.61
983.61
912828M98
US Treasury
Note
1.625% Due 11/30/2020
11/29/2016 568,331.99 2,353.59 0.00
11/30/2016 0.00 0.00 0.00
570,000.00 0.00 3,112.81 0.00
568,331.99 759.22 759.22
759.22
912828Q37
US Treasury
Note
1.25% Due 03/31/2021
912828Q78
US Treasury
Note
1.375% Due 04/30/2021
04/27/2017 369,024.69 1,972.34 0.00
04/28/2017 0.00 2,343.75 0.00
375,000.00 0.00 12.81 0.00
369,024.69 384.22 384.22
384.22
05/25/2017 494,650.11 2,316.58 0.00
05/31/2017 0.00 0.00 0.00
500,000.00 0.00 2,877.04 0.00
494,650.11 560.46 560.46
560.46
912828576
US Treasury
Note
1.125% Due 07/31/2021
08/28/2018 573,375.00 586.96 0.00
08/29/2018 0.00 0.00 0.00
600,000.00 0.00 1,137.23 0.00
573,375.00 550.27 550.27
550.27
912828UB4
US Treasury
Note
1% Due 11/30/2019
10/29/2015 443,181.20 1,143.44 0.00
11/02/2015 0.00 0.00 0.00
450,000.00 0.00 1,512.30 0.00
443,181.20 368.86 368.86
368.86
912828UL2
US Treasury
Note
1.375% Due 01/31/2020
12/08/2016 489,312.58 585.87 0.00
12/09/2016 0.00 0.00 0.00
490,000.00 0.00 1,135.12 0.00
489,312.58 549.25 549.25
549.25
Chandler Asset Management - CONFIDENTIAL
Page 21 Execution Time: 10/1/2019 !
50 of 191
City of National City
Account #10162
Income Earned
As of September 30, 2019
Trade Date
CUSIP Security Description Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
912828UV0
US Treasury
Note
1.125% Due 03/31/2020
912828V72
US Treasury
Note
1.875% Due 01/31/2022
Various
Various
600,000.00
596, 517.64
0.00
0.00
596,517.64
2,840.16
3,375.00
18.45
553.29
09/17/2018 435,744.14
09/18/2018 0.00
450,000.00 0.00
435,744.14
733.70
0.00
1,421.54
687.84
0.00
0.00
0.00
553.29
553.29
0.00
0.00
0.00
687.84
687.84
912828W89
US Treasury
Note
1.875% Due 03/31/2022
04/26/2018 580,593.75 4,733.61 0.00
04/30/2018 0.00 5,625.00 0.00
600,000.00 0.00 30.74 0.00
580,593.75 922.13 922.13
922.13
912828WE6
US Treasury
Note
2.75% Due 11/15/2023
07/22/2019 624,000.00 4,887.23 0.00
07/23/2019 0.00 0.00 0.00
600,000.00 0.00 6,232.34 0.00
624,000.00 1,345.11 1,345.11
1,345.11
912828WN6
US Treasury
Note
2% Due 05/31/2021
931142EJ8
Wal-Mart Stores
Note
3.125% Due 06/23/2021
04/29/2019 546,755.86 2,795.08 0.00
04/30/2019 0.00 0.00 0.00
550,000.00 0.00 3,696.72 0.00
546,755.86 901.64 901.64
07/02/2018 402,052.00 2,361.11 0.00
07/05/2018 0.00 0.00 0.00
400,000.00 0.00 3,402.78 0.00
402,052.00 1,041.67 1,041.67
901.64
1,041.67
Total Fixed Income 28,919,635.43
28,213,435.02
1,213,999.75
580,821.45
28,846,613.32
131,137.21
46,503.73
134,297.31
49,663.83
0.00
0.00
0.00
49,663.83
49,663.83
CASH & EQUIVALENT
60934N807 Federated Investors 07/15/2019 680,997.06 0.00 0.00
Govt Oblig Fund Inst. 07/15/2019 40,892.90 1,556.25 0.00
96,821.44 625,068.52 0.00 0.00
96,821.44 1,556.25 1,556.25
1,556.25
Chandler Asset Management - CONFIDENTIAL
Page 22 Execution Time: 10/1/2019 !
51 of 191
City of National City
Account #10162
Income Earned
As of September 30, 2019
Citt
Trade Date
CUSIP Security Description Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
62479MXN8
MUFG Bank Ltd/NY
Discount CP
2.27% Due 10/22/2019
89114MXX0
Toronto Dominion Bank
Yankee CD
2.68% Due 03/16/2020
06/20/2019
06/20/2019
600,000.00
595, 308.67
0.00
0.00
595,308.67
08/12/2019 602,160.00
08/13/2019 0.00
600,000.00 0.00
602,160.00
2,761.83
0.00
3,896.83
1,135.00
7,459.33
0.00
8,799.33
1,340.00
0.00
0.00
0.00
1,135.00
1,135.00
0.00
0.00
0.00
1,340.00
1,340.00
89233GA71
Toyota Motor Credit
Discount CP
2.14% Due 01/07/2020
07/22/2019 593,972.33 1,462.33 0.00
07/22/2019 0.00 0.00 0.00
600,000.00 0.00 2,532.33 0.00
593,972.33 1,070.00 1,070.00
1,070.00
Total Cash & Equivalent 1,896,821.44
2,472,438.06
40,892.90
625,068.52
1,888,262.44
11,683.49
1,556.25
15,228.49
5,101.25
0.00
0.00
0.00
5,101.25
5,101.25
30,685,873.08
1,254,892.65
1,205,889.97
TOTAL PORTFOLIO 30,816,456.87 30,734,875.76
142,820.70
48,059.98
149,525.80
54,765.08
0.00
0.00
0.00
54,765.08
54,765.08
Chandler Asset Management - CONFIDENTIAL
Page 23 Execution Time: 10/1/2019
52 of 191
..«...
Y1$IW'UM1
matt
. • 1t Mtn4; • a . .
h ttltih
f 11 111174•
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• • • ..i
COUNTY OFAN D END I tiESTMENT POOL SEPT
TREASURY IN l�STMENT RESULTS 2
County of San Diego Treasurer -Tax Collector 11600 Pacific Hwy, San Diego, CA 92101 I www.sdttc.con
53 of 191
PARTICIPANT
PARTICIPANT CASH BALANCES
County of San Diego Pooled Money Fund
As of September 30, 2019
($000)
FMV FMV FMV % of
07/31/19 08/31/19 09/30/19 Total
COUNTY
COUNTY - SPECIAL TRUST FUNDS
NON -COUNTY INVESTMENT FUNDS
SCHOOLS - (K THRU 12)
COMMUNITY COLLEGES
San Diego
Grossmont-Cuyamaca
MiraCosta
Palomar
Southwestern
$ 708,611 $
2,400,961
109,881
4,504,594
195,342
193,178
134,231
255,924
196,043
PARTICIPANT
FMV FMV FMV % of
07/31/19 08/31/19 09/30/19 Total
746,653 $ 855,390 10.05% Lake Cuyamaca Rec & Park District
2,210,826 2,179,192 25.59% Lakeside FPD
108,117 113,850 1.34% Leucadia Wastewater District
4,126,128 3,884,960 45.62% Lower Sweetwater FPD
Metropolitan Transit System
Mission Resource Conservation District
139,365 134,436 1.59% North County Cemetery District
161,628 166,490 1.96% North County Dispatch
109,838 102,110 1.20% North County FPD
236,344 228,628 2.68% Otay Water District
155,235 158,198 1.86% Pomerado Cemetery District
Total Community Colleges
FIRST 5 COMMISSION
SANCAL
SDCERA
CITIES
Chula Vista
Coronado
Del Mar
El Cajon
Encinitas
National City
Oceanside
INDEPENDENT AGENCIES
Alpine FPD
Bonita-Sunnyside FPD
Borrego Springs FPD
Canebrake County Water District
Deer Springs FPD
Fallbrook Public Utility District
Grossmont Healthcare District
Julian-Cuyamaca FPD
974,718 802,410 789,863 9.28% Public Agencies Self -Insurance System
Ramona Cemetery District
37,122 29,177 36,846 Rancho Santa Fe FPD
15,427 15,479 3,950 Rincon del Diablo Municipal Water District
604 605 619 SANDAG
SD County Regional Airport Authority
San Diego Housing Commission
56,898 57,091 53,262 San Diego Geographic Information Source
42,098 37,214 37,374 San Diego Law Library
2,693 2,702 2,710 San Diego Local Agency Formation Comm
5,039 5,056 5,070 San Diego Regional Training Center
4,084 4,098 4,109 San Dieguito River Park
8,433 40,637 40,611 San Marcos FPD
10,031 10,065 10,076 San Miguel Consolidated FPD
1,890
5,569
1,167
53
11,257
15
2
177
1,625
5,181
1,053
53
11,404
15
2
181
1,033
5,217
1,013
53
11,439
15
2
183
Santa Fe Irrigation District
Serra Cooperative Library System
Upper San Luis Rey Resource Consery Dist
Vallecitos Water District
Valley Center FPD
Valley Center Cemetery District
Valley Center Water District
Vista FPD
196
8,785
4,860
721
39,390
209
5,526
3,235
3,341
283
1,948
3,525
992
14,074
4,684
100,521
201,568
21,521
501
3,866
1,878
518
1,494
1
10,650
4,381
2
60
5,382
2,041
440
22,141
3,074
218
7,627
4,877
728
36,816
186
5,804
2,996
2,837
284
1,930
3,537
963
13,030
4,700
103,582
207,452
21,594
424
3,697
1,937
470
1,848
1
8,603
4,396
2
61
5,400
1,834
442
21,506
3,085
218
7,151
4,890
616
39,454
187
5,781
4,709
2,168
285
1,886
3,547
938
12,099
4,710
101,080
213,368
21,654
418
4,021
1,922
810
1,732
1
8,920
4,408
2
61
5,415
1,737
443
21,026
3,001
Total Voluntary Participants
674,370
694,505
692,241 8.13%
Pooled Money Fund Total
$ 9,373,134 $ 8,688,638 $ 8,515,496 100.00%
54 of 191
5
Here is the report you requested for July:
National City
Conversion of Oracle Cash Balance to COSD Pool Market Price
Month Ended July 31, 2019
COSD Pool Market Price
COSD Pool Market Value
National City percentage of MV share in COSD Pool
Oracle Cash
Fund Description Balance
44077 NATIONAL CITY INVESTMENT FUND 8,415,543
Total for National City 8,415,543
Current Month
7/31/2019
100.152%
9,373,134,575
0.0900%
Market Value
8,435,821
8,435,821
Pool YTM: 2.308
Prior Month Prior Quarter
6/30/2019 4/30/2019
100.194
10,135, 946,100
0.0824%
99.708%
11,199,667,684
0.0746
Market Value Market Value
8,353,913 8,360,414
8,353,913 8,360,414
Prior Year
7/31/2018
99.181%
9,058,146,770
0.0902%
Market Value
8,170,448
8,170,448
Best,
Cameron
http://www.sdtreastax.com/" style='position:absolute;margin-left:0;margin-top:0;width:52.55pt;height:52.55pt;z-
index:251659264;visibility:visible;mso-wrap-style:square;mso-width-percent:0;mso-height-percent:0;mso-wrap-distance-left:0;mso-wrap-
distance-top:0;mso-wrap-distance-right:9pt;mso-wrap-distance-bottom:0;mso-position-horizontal:left;mso-position-horizontal-
relative:text;mso-position-vertical:absolute;mso-position-vertical-relative:text;mso-width-percent:0;mso-height-percent:0;mso-width-
relative:page;mso-height-relative:page' o:button="t"> Cameron Urquhart, CFA
Investment Officer
San Diego County Treasurer -Tax Collector's Office
Phone: 619.685.2547 I Fax: 619.557.4093 I www.sdttc.com
55 of 191
Here is National City's Market Price for August, let me know if you need anything else.
National City Pool YTM: 2.246
Conversion of Oracle Cash Balance to COSD Pool Market Price
Month Ended August 31, 2019 Current Month Prior Month Prior quarter Prior Year
8/31/2019 7/31/2019 S/31/2019 8/31/2018
COSD Pool Market Price
COSD Pool Market Value
National City percentage of MV share in COSD Pool
Fund Description
44077 NATIONAL CITY INVESTMENT FUND
Total for National City
Oracle Cash Balance
100.616%
100.152%
99.967%
99.134%
8,641,685,919
9,373,134,575
10, 645,176,991
8,288,955,691
0.4677% 0.0900%
0.0787%
0.0986%
40,415,543
40,415, 543
Market Value Market Value
40,417,165 8,435,821
40,417,165 8,435,821
Market Value
8,377,754
8,377,754
Market Value
8,172,910
8,172,910
* Phase note that the National City Market Value reported above is a prorate share of National City in the COSD investment Pool and based an National City Cash Balance.
Thank you,
http://www.sdtreastax.com/" style='position:absolute;margin-Ieft:0;margin-top:0;width:52.55pt;height:52.55pt;z-
index:251659264;visibility:visible;mso-wrap-style:square;mso-width-percent:0;mso-height-percent:0;mso-wrap-distance-left:0;mso-wrap-
distance-top:0;mso-wrap-distance-right:9pt;mso-wrap-distance-bottom:0;mso-position-horizontal:left;mso-position-horizontal-
relative:text;mso-position-verticakabsolute;mso-position-vertical-relative:text;mso-width-percent:0;mso-height-percent:0;mso-width-
relative:page;mso-height-relative:page' o:button="t"> Tommy Trinh
Student Worker
San Diego County Treasurer -Tax Collector's Office
1600 Pacific Highway Rm. 152 1 San Diego, CA 92101
56 of 191
National City
Conversion of Oracle Cash Balance to COSD Pool Market Price
Month Ended September 30th, 2019
COSD Pool Market Price
COSD Pool Market Value
National City percentage of MV share in COSD Pool
Fund Description
44077 NATIONAL CITY INVESTMENT FUND
Total for National City
Oracle Cash Balance
Current Month Prior Month
9/30/2019 8/31/2019
Pool YTM: 2.178
Prior quarter
6/30/2019
Prior Year
9/30/2018
100.471% 100.616%
8,515,496,046
8,641,685,919
0.4769% 0.4677%
99.92046
10,135,946,100
0.078796
98.98596
8,288,955,691
0.0986%
40,451, 748
40,451, 748
Market Value
40, 510,401
40, 610,401
Market Value
40,417,165
40,417,165
Market Value
7,976,990
7,976,990
Market Value
8,172,910
8,172,910
* Please note that the National City Market Value reported above is a prorate share of National City in the COSD investment Pool and based on National City Cash Balance.
Thank you,
http://www.sdtreastax.com/" style='position:absolute;margin-left:0;margin-top:0;width:52.55pt;height:52.55pt;z-
index:251659264;visibility:visible;mso-wrap-style:square;mso-width-percent:0;mso-height-percent:0;mso-wrap-distance-left:0;mso-wrap-
distance-top:0;mso-wrap-distance-right:9pt;mso-wrap-distance-bottom:0;mso-position-horizontakleft;mso-position-horizontal-
relative:text;mso-position-vertical:absolute;mso-position-vertical-relative:text;mso-width-percent:0;mso-height-percent:0;mso-width-
relative:page;mso-height-relative:page' o:button="t"> Tommy Trinh
Student Worker
San Diego County Treasurer -Tax Collector's Office
1600 Pacific Highway Rm. 152 1 San Diego, CA 92101
Phone: 619.531.5275 Fax: 619.446.8222 1 www.sdttc.com
57 of 191
National City
Conversion of Oracle Cash Balance to COSD Pool Market Price
Month Ended October 31st, 2019
COSD Pool Market Price
COSD Pool Market Value
National City percentage of MV share in COSD Pool
Fund Description
44077 NATIONAL CITY INVESTMENT FUND
Total for National City
Oracle Cash Balance
40,490,459
40,490,469
Current Month
10/31/2019
100.529%
9,054,664,921
0.4475%
Market Value
40,519, 626
40, 519, 626
Prior Month
9/30/2019
Pool YTM: 2.136
Prior Quarter
7/31/2019
100.471%
100.152%
8, 515,496,046
9,373,134,575
0.4769%
0.0900%
Market Value
40, 610,401
40, 610,401
Market Value
8,435,821
8,435,821
Prior Year
10/31/2018
98.943%
8,217,317,656
Market Value
8,174,889
8,174,889
* Please note that the National City Market Value reported above is a prorate share of National City in the COSD Investment Pool and based on National City Cash Balance.
Thank you,
http://www.sdtreastax.com/" style='position:absolute;margin-Ieft:O;margin-top:0;width:52.55pt;height:52.55pt;z-
index:251659264;visibility:visible;mso-wrap-style:square;mso-width-percent:0;mso-height-percent:0;mso-wrap-distance-left:0;mso-wrap-
distance-top:0;mso-wrap-distance-right:9pt;mso-wrap-distance-bottom:0;mso-position-horizontal:left;mso-position-horizontal-
relative:text;mso-position-vertical:absolute;mso-position-vertical-relative:text;mso-width-percent:0;mso-height-percent:0;mso-width-
relative:page;mso-height-relative:page' o:button="t"> Tommy Trinh
Student Worker
San Diego County Treasurer -Tax Collector's Office
1600 Pacific Highway Rm. 152 I San Diego, CA 92101
Phone: 619.531.5275 I Fax: 619.446.8222 I www.sdttc.com
58 of 191
Neighborhood National Bank
780 Bay Blvd
Suite 205
Chula Vista, CA 91910
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 91950
Subject: CDARS® Customer Statement
Legal Account Titfe: CITY OF NATIONAL CITY
Date 10/31/19
Page 1 of 3
Below is a summary of your certificate(s) of deposit, which we are holding for you as your custodian. These
certificate(s) of deposit have been issued through CDARS by one or more FDIC -insured depository institutions.
Should you have any questions, please contact us at 619-789-4422 or send an email to dwarren@mynnb.com.
Summary of Accounts Reflecting Placements Through CDARS
Account ID Effective Date Maturity Date Interest Rate
Opening Balance Ending Balance
1022941778 08/22/19 08/20/20 1.47904% $2,000,000.00 $2,000,000.00
TOTAL $2,000,000.00 $2,000,000.00
CDARS® is a registered service mark of Promontory Interrinancial Network, LLC. CONTAINS CONFIDENTIAL INFORMATION
59 of 191
Date 10/31/19
Page 2 of 3
ACCOUNT OVERVIEW
Account ID: 1022941778 Effective Date: 08/22/19
Product Name: 52-WEEK PUBLIC FUND CD Maturity Date: 08/20/20
Interest Rate: 1.47904% YTD Interest Paid: $0.00
Account Balance: $2,000,000.00 Interest Accrued: $5,762.23
Int Earned Since Last Stmt: $2,517.93
The Annual Percentage Yield Eamed is 1.49%.
CD Issued by Amalgamated Bank
YTD Interest Paid:
Interest Accrued:
Int Earned Since Last Stmt:
CD Issued by Bank of China
YTD Interest Paid:
Interest Accrued:
Int Earned Since Last Stmt:
$0.00
$694.35
$303.41
$0.00
$694.35
$303.41
CD Issued by Bank Hapoalim B.M.
YTD Interest Paid:
Interest Accrued:
Int Earned Since Last Stmt:
$0.00
$694.35
$303.41
CD Issued by Bank OZK
YTD Interest Paid: $0.00
Interest Accrued: $694.35
Int Earned Since Last Stmt: $303.41
CD Issued by BOKF, National Association
YTD Interest Paid:
Interest Accrued:
Int Earned Since Last Stmt:
$0.00
$694.35
$303.41
CD Issued by Cadence Bank, N.A.
YTD Interest Paid:
Interest Accrued:
Int Earned Since Last Stmt:
$0.00
$694.35
$303.41
CD Issued by Franklin Synergy Bank
YTD Interest Paid:
Interest Accrued:
Int Earned Since Last Stmt:
CD Issued by Simmons Bank
YTD Interest Paid:
Interest Accrued:
Int Earned Since Last Stmt:
$0.00
$180.87
$79.04
$0.00
$694.35
$303.41
CD Issued by Southern States Bank
YTD Interest Paid:
Interest Accrued:
Int Earned Since Last Stmt:
$0.00
$26.56
$11.61
10/01/19 OPENING BALANCE
10/31/19 ENDING BALANCE
10/01/19 OPENING BALANCE
10/31/19 ENDING BALANCE
10/01/19 OPENING BALANCE
10/31/19 ENDING BALANCE
10/01/19 OPENING BALANCE
10/31/19 ENDING BALANCE
10/01/19 OPENING BALANCE
10/31/19 ENDING BALANCE
10/01/19 OPENING BALANCE
10/31/19 ENDING BALANCE
10/01/19 OPENING BALANCE
10/31/19 ENDING BALANCE
10/01/19 OPENING BALANCE
10/31/19 ENDING BALANCE
10/01/19 OPENING BALANCE
10/31/19 ENDING BALANCE
$241,000.00
$241,000.00
$241,000.00
$241,000.00
$241,000.00
$241,000.00
$241,000.00
$241,000.00
$241,000.00
$241,000.00
$241,000.00
$241,000.00
$62,779.43
$62,779.43
$241,000,00
$241,000.00
$9,220.57
$9,220.57
CDARS® is a registered service mark of Promontory Interfinanclal Network, LLC. CONTAINS CONFIDENTIAL INFORMATION
60 of 191
CD Issued by TowneBank
YTD Interest Paid:
Interest Accrued:
int Earned Since Last Stmt:
Thank you for your business.
$0.00
$694.35
$303.41
10/01/19 OPENING BALANCE
10/31/19 ENDING BALANCE
Date 10/31/19
Page 3 of 3
$241,000.00
$241,000.00
CDARSa Is a registered service mark of Promontory Interfinancial Network, LLC. CONTAINS CONFIDENTIAL INFORMATION
61 of 191
CC/CDC-HA Agenda
12/3/2019 — Page 62
The following page(s) contain the backup material for Agenda Item: Warrant Register
#17 for the period of 10/16/19 through 10/22/19 in the amount of $1,705,094.38.
(Finance)
Please scroll down to view the backup material.
62 of 191
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: December 3, 2019
AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #17 for the period of 10/16/19 through 10/22/19 in the amount of $1,705,094.38.
(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 10/16/19 -
10/22/19. Consistent with Department of Finance's practice, listed below are all payments above
$50,000.
Vendor Check/Wire
Kaiser Foundation HP 344682
Public Emp Ret System 10172019
Amount
181,740.84
247,699.88
Explanation
Group 104220-0002 September 19
Service Period 9/24/19 — 10/7/19
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $1,705,094.38.
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 $1,705,094.38
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 17
63 of 191
CALIFORNIA
PAYEE
ACTION TARGET INC
COUNTY OF SAN DIEGO
DELGADO, E
DENHAM, A
DOCUFLOW SOLUTIONS INC
OFFICE SOLUTIONS BUSINESS
ACME SAFETY & SUPPLY CORP
ADMINSURE INC
ALDEMCO
ALL FRESH PRODUCTS
AMERICAN PLANNING ASSOCIATION
BOOT WORLD
CAPF
CALIFORNIA LAW ENFORCEMENT
CAMACHO, J
CHHOKAR, NARINDER
CHILDREN'S HOSPITAL
CLEAR WATER TECHNOLOGIES LLC
COMMERCIAL AQUATIC SERVICE INC
CONTRERAS, R
CULLIGAN OF SAN DIEGO
DELGADO, E
DELTA DENTAL
DELTA DENTAL INSURANCE CO
DEPARTMENT OF JUSTICE
DIVISION ARCHITECT
DIVISION ARCHITECT
D-MAX ENGINEERING INC
ERGOMETRICS
ESTABROOK JR, M
GOMEZ, GERARDO
GOVERNMENT FINANCE
GRAINGER
HDL COREN & CONE
IDEMIA IDENTITY & SECURITY USA
JANI-KING OF CALIFORNIA INC
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
LEFORT'S SMALL ENGINE REPAIR
LOPEZ, TERESA YOLANDA
LUNT, D
MAINTEX INC
MANGUM, N
MAXILOM, L
MTS
TIONAL Cirrr
c
XNCORroR.ATED
WARRANT REGISTER # 17
10/22/2019
DESCRIPTION
SERVICE VISIT / PD
CO OF SD SHARE OF PARKING CITATION / JULY 2019
A KIMBALL HOLIDAY SNOW HILL SUPPLIES
REIMB / VOLUNTEER APPRECIATION DINNER
ANNUAL TYPEWRITER MAINTENANCE IBM SELECT
MOP 83778. OFFICE SUPPLIES / FINANCE
SAFETY VESTS / PW'S
MONTHLY SERVICES NOVEMBER 2019
FOOD / NUTRITION
FOOD / NUTRITION
PLANNING MEMBERSHIP / SAINZ
MOP 64096 BOOTS FOR STAFF/ NSD
OCTOBER 2019 - FIRE LTD
OCTOBER 2019 - PD LTD
TRAINING FTO REIM / CAMACHO
DMV PENALTY FEE REVERSAL
SR2S
WATER TREATMENT SERVICE OCT 2019
CHEMICALS DELIVERED JUNE 12, 2019
REIMBURSEMENT / R. CONTRERAS / 2019
CONSUMABLE / NUTRITION
CASA DE SALUD CENTER FALL CRAFT SUPPLIES
GROUP 05-0908601002 - OCTOBER 2019
GROUP 05-7029600002 - OCTOBER 2019
FINGERPRINT APPS SEPTEMBER 2019
BS1186 DISABILITY ACCESS AND EDU FUND
BS1186 DISABILITY ACCESS AND EDU FUND
T&A90347 1819 E. 9TH ST
NATIONAL CITY FD CAPTAIN AC
TRAINING ADV LDG CNOA MURRY
T&A90343 1343 E. 5TH ST.
BUDGET AWARD PROGRAM APPLICATION FY20
PICNIC TABLE, 80" W X80" D, GREEN-
FY2019 AUDIT SERVICE / CAFR STATISTICS REPORT
FINGERPRINT SUBMISSION SEPTEMBER 2019
JANITORIAL SERVICES NUTRITION
GROUP 104220-0002 SEPTEMBER 2019
GROUP 104220-01, 06, 07 SEPTEMBER 2019
GROUP 104220-03, 09 SEPTEMBER 2019
GROUP 104220-05 SEPTEMBER 2019
GROUP 104220-7002 SEPTEMBER 2019
MOP 80702 AUTO SUPPLIES - PW
TRANSLATION OF DOCUMENT OCT 02, 2019
CAPPO MEETING REFUND / FINANCE
CITYWIDE JANITORIAL SUPPLIES
CACEO CONF PARKING REIMB OCT 02, 2019
REIMBURSEMENT FOR SUPPLIES-10/08/19 CITY
FLAGGING SERVICES / NSD
CHK NO DATE
344646 10/21/19
344647 10/21/19
344648 10/21/19
344649 10/21/19
344650 10/21/19
344651 10/21/19
344652 10/22/19
344653 10/22/19
344654 10/22/19
344655 10/22/19
344656 10/22/19
344657 10/22/19
344658 10/22/19
344659 10/22/19
344660 10/22/19
344661 10/22/19
344662 10/22/19
344663 10/22/19
344664 10/22/19
344665 10/22/19
344666 10/22/19
344667 10/22/19
344668 10/22/19
344669 10/22/19
344670 10/22/19
344671 10/22/19
344672 10/22/19
344673 10/22/19
344674 10/22/19
344675 10/22/19
344676 10/22/19
344677 10/22/19
344678 10/22/19
344679 10/22/19
344680 10/22/19
344681 10/22/19
344682 10/22/19
344683 10/22/19
344684 10/22/19
344685 10/22/19
344686 10/22/19
344687 10/22/19
344688 10/22/19
344689 10/22/19
344690 10/22/19
344691 10/22/19
344692 10/22/19
344694 10/22/19
AMOUNT
1,950.00
6,221.00
129.24
441.93
65.00
552.20
140.07
7,631.25
2,324.83
841.38
95.00
125.00
1,091.00
2,033.50
31.35
10.00
28,200.65
475.00
1,900.12
28.35
208.50
50.31
370.89
16.50
288.00
1,592.40
16.20
1,630.00
8,385.85
620.00
417.61
575.00
942.02
645.00
16.00
2,749.29
181,740.84
20,810.68
5,878.41
3,739.84
1,632.72
91.53
210.20
34.96
851.76
20.00
34.05
169.71
1/3
64 0f 191
CALIFORNIA
PAYEE
MUNOZ, L
NATIONAL CITY MOTORCYCLES
NATIONAL EMBLEM INC
NBS
NICHOLAS MATTHEWS
OFFICE SOLUTIONS BUSINESS
OFFICE TEAM
O'REILLY AUTO PARTS
PADILLA, GLORIA
PADRE JANITORIAL SUPPLIES
PARTS AUTHORITY METRO LLC
PENSKE FORD
PROFESSIONAL SEARCH GROUP LLC
PRUDENTIAL OVERALL SUPPLY
RANDALL LAMB ASSOCIATES INC
RAULSTON, B
RBN DESIGN
RELIANCE STANDARD
RIVERSIDE COUNTY SHERIFF DEPT
SAN DIEGO PLASTICS INC
SAN DIEGO UNION TRIBUNE
SASI
SASI
SDG&E
SEAPORT MEAT COMPANY
SHARP REES STEALY MED GROUP
SITEONE LANDSCAPE SUPPLY LLC
SMART & FINAL
SMART SOURCE OF CALIFORNIA LLC
SOBREO, ELENO & BETH
SOUTHERN CALIF TRUCK STOP
SOUTHWEST BOULDER & STONE INC
SOUTHWEST SIGNAL SERVICE
SOUTHWEST SIGNAL SERVICE
SOUTHWESTERN COMMUNITY CO
STAPLES BUSINESS ADVANTAGE
STAPLES BUSINESS ADVANTAGE
SUN BADGE COMPANY INC
THE COUNSELING TEAM
THE STAR NEWS
TOPECO PRODUCTS
U S BANK
UNDERGROUND SERVICE ALERT
V & V MANUFACTURING
VISION SERVICE PLAN
TIONAL Cirrr
c �`
XNCORroR.ATED
WARRANT REGISTER # 17
10/22/2019
DESCRIPTION
TRAVEL EXPENSE - NEOGOV CONFERENCE
SERVICE AND REPAIR FOR EMERGENCY
CANCER AWARENESS KEYCHAIN
NBS - LANDSCAPE MAINTENANCE DISTRICT
TRAINING ADV POST SUB FTO UPD/ MATTHEWS
MOP 83778, FIRE CHARGES
TEMPORARY SERVICES W/E SEP 20, 2019 - NSD
MOP 75877 AUTO SUPPLIES - PW
REFUND OF VOIDED CITATION
CONSUMABLES / NUTRITION
MOP 75943 AUTO SUPPLIES - PW
R&M CITY VEHICLES FOR FY 2019
TEMPORARY HELP FOR FINANCE
MOP 45742 LAUNDRY SERVICES - PW
LAS PALMAS POOL ELECT SYST REPLACEMENT
REIMB FOR LUNCH H 0 TEAM OCT 02, 2019
REFUND OF OVERPAYMENT ON BL TAX
GRP VA1826233/VC1801146NG180848 SEP 2019
TRAINING TUITION FTO UPDATE
PVC BLUE
LEGAL NOTICE IN THE UNION TRIBUNE / PLANNING
MONTHLY TRUST ACCOUNTING SEP 2019
MONTHLY TRUST ACCOUNTING OCT 2019
GAS & ELECTRIC UTILITIES FOR PW FY 2020
FOOD / NUTRITION
HEPATITIS B SUR AB TEST AUG 01, 2019
MOP 69277 LANDSCAPE SUPPLIES - PW
MOP 45756. CASA DE SALUD SNACKS/CSD
MOP 63845 - SMART SOURCE - PRINTED ENVELOPES
T&A404 1903 PROSPECT ST DEPOSIT
MOP 45758 AUTO SUPPLIES - PW
20105 - AMENDED A TOPSOIL
SERVICE TECHNICIAN & REPLACE STREET LIGHTS
SERVICE TECHNICIAN & REPLACE STREET LIGHTS
REIMBURSEMENT FOR OVERPAYMENT
MOP 45704 OFFICE SUPPLIES - CITY ATTORNEY
MOP 45704. OFFICE SUPPLIES / CSD
P200 SUNTONE BADGE / NSD
TRAINING TUITION SUICIDE / PD
PUBLIC NOTICING - STAR NEWS
MOP 63849 AUTO SUPPLIES - PW
CREDIT CARD PAYMENT AUG - SEP 2019
UNDERGROUND SERVICE ALERT FY 2020
NATIONAL CITY SERVICE PINS SEP 2019
OCTOBER 2019 VISION SERVICE PLAN (CA)
CHK NO DATE
344695 10/22/19
344696 10/22/19
344697 10/22/19
344698 10/22/19
344699 10/22/19
344700 10/22/19
344701 10/22/19
344702 10/22/19
344703 10/22/19
344704 10/22/19
344705 10/22/19
344706 10/22/19
344707 10/22/19
344708 10/22/19
344709 10/22/19
344710 10/22/19
344711 10/22/19
344712 10/22/19
344713 10/22/19
344714 10/22/19
344715 10/22/19
344716 10/22/19
344717 10/22/19
344718 10/22/19
344719 10/22/19
344720 10/22/19
344721 10/22/19
344722 10/22/19
344723 10/22/19
344724 10/22/19
344725 10/22/19
344726 10/22/19
344727 10/22/19
344728 10/22/19
344729 10/22/19
344730 10/22/19
344731 10/22/19
344732 10/22/19
344733 10/22/19
344734 10/22/19
344735 10/22/19
344736 10/22/19
344737 10/22/19
344738 10/22/19
344739 10/22/19
AMOUNT
483.19
2,814.45
1,505.41
976.25
384.00
155.88
1,125.20
17.39
60.00
359.27
175.30
1,213.95
1,368.00
490.05
6,798.75
38.78
402.00
530.02
167.00
96.79
409.32
49.00
46.00
131.02
646.13
35.00
634.96
144.83
468.07
306.72
230.73
149.29
17,327.91
13,396.75
878.00
117.10
446.51
138.78
212.00
307.50
214.89
135.96
463.11
2,376.72
822.61
2/3
A/P Total 347,275.73
65 0f 191
CALIFORNIA •-e�
rNCORPoR.ATED
WARRANT REGISTER # 17
10/22/2019
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WIRED PAYMENTS
CITY NATIONAL BANK
DEEPNET SECURITY
PUBLIC EMP RETIREMENT SYSTEM
LEASE PAYMENT #38 ENERGY PROJECT
DEEPNET SUPPORT USERS START 09/09/2019
SERVICE PERIOD 09/24/19 - 10/07/19
PAYROLL
Pay period Start Date End Date Check Date
22 10/8/2019 10/21/2019 10/30/2019
783105 10/16/19
783108 10/16/19
10172019 10/17/19
43,101.10
2,290.00
247,699.88
1,064,727.67
GRAND TOTAL $ 1,705,094.38
3/3
66 Of 191
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 3rd OF DECEMBER, 2019.
AYES
NAYS
ABSENT
67 of 191
CC/CDC-HA Agenda
12/3/2019 — Page 68
The following page(s) contain the backup material for Agenda Item: Warrant Register
#18 for the period of 10/23/19 through 10/29/19 in the amount of $1,318,833.17.
(Finance)
Please scroll down to view the backup material.
68 of 191
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: December 3, 2019
AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #18 for the period of 10/23/19 through 10/29/19 in the amount of $1,318,833.17.
(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 10/23/19 -
10/29/19. Consistent with Department of Finance's practice, listed below are all payments above
$50,000.
Vendor Check/Wire Amount Explanation
Portillo Concrete Inc 344793 549,899.57 Euclid Ave Bicycle & Ped Enh
Project Professionals 344797 154,696.93 Paradise Creek Park 111
Select Electric Inc 344807 174,761.38 Citywide Traffic Signal & ADA Pjct
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $1,318,833.17.
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 $1,318,833.17
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 18
69 of 191
CALIFORNIA
PAYEE
AYALA, J
DODSON, X
ESTRELLA, E
FIRE PREVENTION SERVICES INC
STAPLES BUSINESS ADVANTAGE
1903 SOLUTIONS LLC
ACME SAFETY & SUPPLY CORP
ALDEMCO
ALL FRESH PRODUCTS
AT&T
AT&T
AT&T
CASA DE NOVIA
CEB
CHEN RYAN ASSOCIATES INC
CIRCULATE SAN DIEGO
CLEAN HARBORS ENVIRONMENTAL
CLF WAREHOUSE INC
CONCENTRA MEDICAL CENTERS
CONTRERAS, R
COUNTY OF SAN DIEGO
COUNTY OF SAN DIEGO
COUNTYWIDE MECHANICAL
COX COMMUNICATIONS
COX COMMUNICATIONS
CPCA
CPCA
CSA SAN DIEGO COUNTY
DANIELS TIRE SERVICE
DE LAGE LANDEN
DELGADO, E
D-MAX ENGINEERING INC
EDCO DISPOSAL CORPORATION
EPLUS TECHNOLOGY INC
FEDEX
FUN EXPRESS LLC
KASEYA US LLC
LASER SAVER INC
LOPEZ, J
MASON'S SAW
METEAU JR, R
METRO WASTEWATER JPA
MOSSY NISSAN
NAPA AUTO PARTS
NATIONAL CITY AUTO TRIM
NATIONAL CITY TROPHY
NERI LANDSCAPE ARCHITECTURE
OFFICE SOLUTIONS BUSINESS
NATIONAL Ciirr
rhiGORPoR.ATED
WARRANT REGISTER # 18
10/29/2019
DESCRIPTION CHK NO
REIMB / CASH HANDLING TRAINING 344740
REIMB / SUPPLIES FOR MAYOR'S EVENTS 344741
REIMB / CASH HANDLING TRAINING 344742
WEED ABATEMENT PROGRAM APPORTIONMENTS 344743
MOP 45704. OFFICE SUPPLIES / CMO
FORTINET RENEWAL 1 YEAR COTERM SVCS
TRAFFIC CONTROL SUPPLIES OCT 2019
FOOD / NUTRITION
FOOD / NUTRITION
AT&T SBC ANNUAL PHONE SERVICE FOR FY20
AT&T SBC ANNUAL PHONE SERVICE FOR FY20
AT&T SBC ANNUAL PHONE SERVICE FOR FY20
REFUND FOR OVERPAID BUSINESS TAX, ACCT 1
CEB LEGAL PUBLICATION /CAO/2019
24TH ST TODO
INTRA-CONNECT
HOUSEHOLD HAZARDOUS WASTE
MOP 80331 AUTO SUPPLIES - PW
PRE -EMPLOYMENT PHYSICAL
MILEAGE AND PARKING REIMBURSEMENT
NEXTGEN REGIONAL COMMUNICATIONS SYSTEM
MAIL PROCESSING SERVICES
CITY WIDE CATCH BASIN/SUMP CLEANING
COX DATA VIDEO SERVICES FY20
COX DATA VIDEO SERVICES FY20
TRAINING TUITION 20 TRAINING SYM CHIEF / PD
TRAINING TUITION STRATEGIC SUCCESSION / PD
FY17-18 CDBG PROG SUB RECIPIENT AGRMT
TIRES FOR CITY FLEET FOR FY 2020
LEASE 20 SHARP COPIERS FOR FY20.
CASA DE SALUD YOUTH FIELD TRIP SNACKS
STORMWATER SERVICES
DUMPSTER AT FIRE STATION #34
PALO-ALTO 1 YEAR RENEWAL
POLICE RECRUIT TESTING MATERIALS
A KIMBALL HOLIDAY SUPPLIES
DARK WEB ID MME 100 - 1 YEAR -
MOP / INK CARTRIDGES / PD
TRANSLATION SERVICES AS NEEDED FOR FY20
MOP 45729 EQUIP SUPPLIES & REPAIR - PW
TRAVEL EXPENSE REPORT
JPA ANNUAL BUDGET 2020
AUTOMOTIVE PARTS OCT 09, 2019
MOP 45735 GENERAL SUPPLIES - PW
R&M AUTOMOTIVE EQUIPMENT OCT 2019
MOP 66556 OFFICE SUPPLIES - PW
PARADISE CREEK PARK
MOP 83778 OFFICE SUPPLIES / NSD
DATE
10/29/19
10/29/19
10/29/19
10/29/19
344744 10/29/19
344745 10/29/19
344746 10/29/19
344747 10/29/19
344748 10/29/19
344749 10/29/19
344750 10/29/19
344751 10/29/19
344752 10/29/19
344753 10/29/19
344754 10/29/19
344755 10/29/19
344756 10/29/19
344757 10/29/19
344758 10/29/19
344759 10/29/19
344760 10/29/19
344761 10/29/19
344762 10/29/19
344763 10/29/19
344764 10/29/19
344765 10/29/19
344766 10/29/19
344767 10/29/19
344768 10/29/19
344769 10/29/19
344770 10/29/19
344771 10/29/19
344772 10/29/19
344773 10/29/19
344774 10/29/19
344775 10/29/19
344776 10/29/19
344778 10/29/19
344779 10/29/19
344780 10/29/19
344781 10/29/19
344782 10/29/19
344783 10/29/19
344784 10/29/19
344785 10/29/19
344786 10/29/19
344787 10/29/19
344788 10/29/19
AMOUNT
14.15
326.16
14.15
29,546.76
1,278.71
7,373.25
72.32
3,992.90
452.88
11,012.55
765.56
85.03
96.00
211.51
35,192.11
3,028.76
1,740.48
431.10
326.00
27.77
8,749.50
2,713.82
1,355.00
3,672.52
312.91
1,300.00
375.00
5,733.52
798.14
2,939.63
35.20
28,352.00
36.92
23, 065.30
20.50
193.90
5,000.00
195.64
320.00
873.65
133.98
30, 891.21
16.51
105.97
210.94
575.29
4,845.00
39.87
1/2
70 of 191
CALIFORNIA
PAYEE
ONLC TRAINING CENTERS
PACIFIC TELEMANAGEMENT SERVICE
PARTS AUTHORITY METRO LLC
PENSKE FORD
PORTILLO CONCRETE INC
POWERSTRIDE BATTERY CO INC
PRO BUILD COMPANY
PROGRESSIVE SOLUTIONS INC
PROJECT PROFESSIONALS CORP
PRUDENTIAL OVERALL SUPPLY
QUALITY COUNTS LLC
RDO EQUIPMENT CO
SAM'S ALIGNMENT
SAN DIEGO COUNTY BAR ASSOC
SAN DIEGO GAS & ELECTRIC
SCST INC
SDG&E
SEAPORT MEAT COMPANY
SELECT ELECTRIC INC
SHARP ELECTRONICS CORPORATION
SITEONE LANDSCAPE SUPPLY LLC
SOUTH BAY COMMUNITY SERVICES
SOUTHERN CALIF TRUCK STOP
STAPLES BUSINESS ADVANTAGE
STARTECH COMPUTERS
STC TRAFFIC
SUPERIOR READY MIX
SWEETWATER AUTHORITY
SWRCB
SYSCO SAN DIEGO INC
TELECOM LAW FIRM P C
TOPECO PRODUCTS
TURF STAR INC
VERIZON WIRELESS
WILLY'S ELECTRONIC SUPPLY
ZAPPIELLO, L
CIRCULATE SAN DIEGO
ENSAFE INC
KTUA
RANDALL LAMB ASSOCIATES INC
RELY ENVIRONMENTAL
SCST INC
NATIONAL CIr -
TIVCORP0Itiv ED
WARRANT REGISTER # 18
10/29/2019
DESCRIPTION
CISSP TRAINING 9/23/19 -9/27/19
PAYPHONE SERVICES
MOP 75943 AUTO SUPPLIES - PW
AUTOMOTIVE PARTS OCT 17, 2019
EUCLID AVE BICYCLE & PED. ENHANCEMENT
MOP 67839 GENERAL SUPPLIES - PW
MOP 45707 GENERAL SUPPLIES - PW
SOFTWARE LICENSE PAYMENT CENTRAL - 1
PARADISE CREEK PARK 111
MOP 45742 LAUNDRY SERVICES - PW
NATIONAL CITY BLVD.
AUTOMOTIVE PARTS NOV 2019
R&M AUTOMOTIVE SERVICES OCT 15, 2019
SDCBA MEMBERSHIP RENEWAL / MRS. MORRIS-J
910 /2 EUCLID AVENUE
1430 HOOVER AVE. CMT
GAS AND ELECTRIC UTILITIES AUG SEP 2019
FOOD / NUTRITION
CITYWIDE TRAFFIC SIGNAL & ADA IMPROV.
MAINTENANCE 20 SHARP COPIERS FOR FY20
MOP 69277 LANDSCAPE SUPPLIES - PW
FY 2017-2018 HOME TBRA PROGRAM
MOP 45758 GENERAL AUTO SUPPLIES - PW
MOP / OFFICE SUPPLIES / PD
MOP / COMPUTER EQUIPMENT / PD
PROTECTED LEFT TURN PH
ASPHALT, TACK 3/8 SHEET FY 2020-
WATER BILL FOR FACILITIES FY 2020
PARADISE CREEK
FOOD / NUTRITION
PROFESSIONAL SERVICESICAO/2019
MOP 63849 GENERAL AUTO SUPPLIES - PW
AUTOMOTIVE PARTS OCT 08, 2019
VERIZON CELLULAR SERVICES FOR FY20
WILLY'S ELECTRONICS MOP FY20
TRAVEL MILEAGE REIMBURSEMENT LUCA Z.
INTRA-CONNECT
PARADISE REMEDIATION
INTRA-CONNECT
LIBRARY HVAC SYSTEM
HAZARDOUS WASTE
PALM AVENUE GI
CHK NO DATE AMOUNT
344789 10/29/19 2,995.00
344790 10/29/19 86.58
344791 10/29/19 122.99
344792 10/29/19 888.69
344793 10/29/19 549,899.57
344794 10/29/19 503.58
344795 10/29/19 102.21
344796 10/29/19 5,241.09
344797 10/29/19 154, 696.93
344798 10/29/19 409.69
344799 10/29/19 9,340.00
344800 10/29/19 526.97
344801 10/29/19 438.00
344802 10/29/19 805.00
344803 10/29/19 787.00
344804 10/29/19 550.00
344805 10/29/19 41, 715.74
344806 10/29/19 744.30
344807 10/29/19 174, 761.38
344808 10/29/19 317.39
344809 10/29/19 552.88
344810 10/29/19 13, 695.00
344811 10/29/19 188.48
344812 10/29/19 998.22
344813 10/29/19 2,558.00
344814 10/29/19 24,707.18
344815 10/29/19 1,956.74
344816 10/29/19 48,177.97
344817 10/29/19 484.00
344818 10/29/19 4,163.39
344819 10/29/19 3,534.00
344820 10/29/19 95.16
344821 10/29/19 205.42
344822 10/29/19 387.59
344823 10/29/19 1,262.61
344824 10/29/19 80.50
344825 10/29/19 3,944.86
344826 10/29/19 4,041.25
344827 10/29/19 38,676.25
344828 10/29/19 250.00
344829 10/29/19 2,380.99
344830 10/29/19 2,710.50
A/P Total 1,318,833.17
2/2
GRAND TOTAL
$ 1,318,833.17
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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 3rd OF DECEMBER, 2019.
AYES
NAYS
ABSENT
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CC/CDC-HA Agenda
12/3/2019 — Page 73
The following page(s) contain the backup material for Agenda Item: Public Hearing and
Adoption of Ordinances for 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. (Building, Engineering/Public Works and Fire)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: December 3, 2019
AGENDA ITEM NO.
ITEM TITLE: Public Hearing and Adoption of ordinances for 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) Engin_ering/Public Works
Roberto Yano (ext. 4383) F.
Robert Hernandez (ext. 4552) APPROVED BY:
EXPLANATION:
Please see attached staff report.
FINANCIAL STATEMENT:
ACCOUNT NO. I
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adoption of ordinances.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Staff report.
174oaf1911
STAFF REPORT
The purpose of this public hearing is to adopt ordinances for 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 introducing each of these uniform codes are combined into one item on
this agenda. Those agenda items contain an explanation of each ordinance.
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CC/CDC-HA Agenda
12/3/2019 — 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) 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)
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76 of 191
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE:
December 3, 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, P. , Associate Civil Engineer DEPARTMENT:
PHONE: 619-336-4312 APPROVED BY:
EXPLANATION:
1See attached.;
Engineering/Public Works
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. I 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/A
ATTACHMENTS:
1. Explanation
2. Agreement
3. Resolution;
77of1911
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.
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AGREEMENT
BETWEEN
THE CITY OF NATIONAL CITY
AND
HDR, INC.
THIS AGREEMENT is entered into on this 3'd day of December, 2019, between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and HDR ENGINEERING
INC., a Nebraska 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, TIIE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the
CONSULTANT to provide on -call CIP project support services for the CITY, and the
CONSULTANT agrees to perform the services set forth here in accordance with all terms and
conditions contained herein.
The CONSULTANT represents that all services shall be performed directly by
the CONSULTANT or under direct supervision of the CONSULTANT.
2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement
will become effective on December 3, 2019. The duration of this Agreement is for the period of
December 3, 2019 through December 2, 2022. This Agreement may be extended by mutual
agreement upon the same terms and conditions for an additional one (1) year term. The Parties
may exercise up to two one-year extensions. Any extension of this Agreement must be approved
in writing by the City Council.
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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 for any
discipline listed in the RFQ; 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 .k
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 MDR
80 of 191
work, the manner of performance and/or the compensation payable to the CONSULTANT in this
Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten
(10) business days, the CONSULTANT and the CITY shall each prepare a report which supports
their position and file the same with the other party. The CITY shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONSULTANT.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2)
become the property of the CITY for use with respect to this project; and (3) shall be turned over
to the CITY upon completion of the project, or any phase thereof, as contemplated by this
Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY' s prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT's
written work product for the CITY's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section
14, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than
what was expressly agreed upon within the Scope of Services of this project, unless otherwise
mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY's employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONSULTANT and its employees. Neither this Agreement, nor any
interest herein, may be assigned by the CONSULTANT without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or
hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
Standard Agreement Page 3 of 12
Revised May 2019 HDR
City of National City and
81 of 191
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 1-1DR
City of National City and
82 of 191
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.
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Revised May 2019 HDR
City of National City and
83 of 191
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
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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 claim.
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 endor*ed
with a waiver of subrogation in favor of the CITYk 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
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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 $100,000 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 evo,nt, 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.
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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
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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. rEEVAILING 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
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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.
IC. 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
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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 ENGINEERING, INC., A NEBRASKA
CORPORATION
(Corporation— signatures of Iwo corporate officers required)
By:
(Name)
(Print)
(Title)
By:
(Name)
(Print)
(Title)
Standard Agreement
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EXHIBIT A
FEZ
hdrinc.com
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 CIP 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 'rreering, Inc.
Aaron Meilleur, PE
Vice President
591 Camino de la Reina, Suite 300, San Diego, CA 92108-3104
T 858.712.8400 F 858.712.8333
Alex Yescas,CFM, ENV SP
'
Contract Manager
91 of 191
City of National City I Executive Summary FN
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.corn
92 of 191
HDR ENGINEERING, INC.
Southern California Operations
STANDARD CHARGES FOR PROFESSIONAL SERVICES
Effective September 1, 2019 to December 31, 2022
Water & Natural Resources Engineering 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 8181 - $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 $ ;4 - $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-
12131/22
$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
5145-8207
8149-8213
8153-5219
$120 - $194
$124 - $200
$128 - $206
$111 -$186
$114-$192
$117-$198
$104-$169
$107-$174
$110-$179
$98-$159
$101 -$164
$104-$169
890-8151
893-5156
896-5161
874-8133
876-8137
878-5141
$61 -$104
563-5107
$65-$110
$344 - $381
$354 - $392
$365 - $404
$150 - $250
$155 - $258
$160 - $266
$200 - $245
$206 - $252
$212 - $260
$150 - $200
$155 - $206
$160 - $212
8100-8150
8103-5155
8106-8160
$200 - $245
$206 - $252
$212 - $260
$150 - $200
$155 - $206
$160 - $212
$100-$150
$103-$155
$106-$160
8172-5191
5177-8197
8182-8203
$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
Signature
Title Vice President
Date 9/25/19
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CC/CDC-HA Agenda
12/3/2019 — Page 94
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.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: 'December 3, 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: ;619-336-4312
EXPLANATION:
See attached.
ssociate 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 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:
IN/AI
ATTACHMENTS:
1. Explanation
2. Agreement
3. Resolution
Explanation:
National City's Capital Improvement Program (CIP) estimates approximately $80 million
in capital needs over the next five years. 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.
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AGREEMENT
BETWEEN
THE CITY OF NATIONAL CITY
AND
KIMLEY-HORN AND ASSOCIATES, INC.
THIS AGREEMENT is entered into on this 3rd day of December, 2019, between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and KIMLEY-HORN
AND ASSOCIATES, INC., a North Carolina 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 December 3, 2019. The duration of this Agreement is for the period of
December 3, 2019 through December 2, 2022. This Agreement may be extended by mutual
agreement upon the same terms and conditions for an additional one (1) year term. The Parties
may exercise up to two one-year extensions. Any extension of this Agreement must be approved
in writing by the City Council.
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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 for any discipline listed in the RFQ ; 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 Lnd execution of this Agreement. The CONSULTANT shall
assign a single Project Director to pravide supervision and have overall responsibility for the
progress and execution of this Agreement for the CONSULTANT. Roberto Ruiz -galas, 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.
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In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONSULTANT in this
Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten
(10) business days, the CONSULTANT and the CITY shall each prepare a report which supports
their position and file the same with the other party. The CITY shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONSULTANT.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2)
become the property of the CITY for use with respect to this project; and (3) shall be turned over
to the CITY upon completion of the project, or any phase thereof, as contemplated by this
Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY' s prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT's
written work product for the CITY's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section
14, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than
what was expressly agreed upon within the Scope of Services of this project, unless otherwise
mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY's employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONSULTANT and its employees. Neither this Agreement, nor any
interest herein, may be assigned by the CONSULTANT without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or
hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
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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 Agree pent,
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
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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 TOLD HARMLESS. For work performed under
this Agreement for design professional services, as described in California Civil Code Section
2782.8:
A. To the maximum extent provided by law, and as limited by California
Civil Code Section 2782.8, 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, to the extent resulting from or arising out of the CONSULTANT's negligence,
recklessness, or willful misconduct in the performance of this Agreement. CITY will cooperate
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reasonably in the defense of any action, and CONSULTANT shall employ competent counsel,
reasonably acceptable to the City Attorney.
The indemnity, defense and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act, or negligence
under this Agreement that occurred during the term of this Agreement.
For all other work performed under this Agreement not governed by California
Civil Code Section 2782.8:
B. 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 performance or other obligations under this Agreement; provided, however,
that this indemnification and hold harmless shall not include any claims or liability arising from
the established sole negligence or willful misconduct of the CITY, its agents, officers, employees
or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT
shall employ competent counsel, reasonably acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act, or negligence
under this Agreement that occurred during the term of this Agreement.
1'6. 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
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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
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
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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
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 lesi 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
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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.
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 suchadocuments 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:
Standard Agreement
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City of National City and
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105 of 191
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 B 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
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
Standard Agreement Page 10 of 13
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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.
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 tfif 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
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City of National City and
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the CITY in writing. In the event any portion of the work under this Agreement is subcontracted,
the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor
of the CITY, both the insurance provisions in Section 18 and the indemnification and hold
harmless provision of Section 15 of this Agreement.
/I/
///
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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
KIMLEY-HORN AND ASSOCIATES, INC.,
A NORTH CAROLINA CORPORATION
(Corporation — signatures of two corporate officers required)
By:
(Name)
(Print)
(Title)
By:
(Name)
By: (Print)
Roberto M. Contreras
Deputy City Attorney
(Title)
Standard Agreement Page 13 of 13 City of National City and
Revised May 2019 Kimsey -Horn
109 of 191
STATEMENT OF QUALIFICATIONS (SOO) FOR
On -Call Project Support for
NATIONAL CITY'S
Capital Improvement Program (CIP)
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
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'
CAN/01 MMM -
NATIONAL CITY
ri
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, PE.,
Contract Manager
KImIey>»Horn 110 of 191
STATEMENT OF QUALIFICATIONS (SOO) FOR
On -Call Project Support for - `""4
18
14
NATIONAL CITY'S ti"T pNilLCOT".
Capital Improvement Program (CIP)
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.
J
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
[111 of 191
STATEMENT OF QUALIFICATIONS (SOO) FOR
On -Call Project Support for - CALIFORNIA
NATIONAL CITY'S NpT�anuz crTy
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
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 derve 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 16M0080018.19
9 Kimley>>>Horn
112 of 191
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.
113 of 191
CC/CDC-HA Agenda
12/3/2019 — Page 114
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.
114 of 191
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE:
December 3, 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,
PHONE: 619-336-4312
EXPLANATION:
See attached.
Associate Civil Engineer DEPARTMENT: ',Engineering/Public Works
APPROVED BY:
4/7
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:
N/A
ATTACHMENTS:
1. Explanation
2. Agreement
3. Resolution
l l b of 191
AGREEMENT
BETWEEN
THE CITY OF NATIONAL CITY
AND
KTU&A
THIS AGREEMENT is entered into on this 3rd day of December, 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 December 3, 2019. The duration of this Agreement is for the period of
December 3, 2019 through December 2, 2022. This Agreement may be extended by mutual
agreement upon the same terms and conditions for an additional one (1) year term. The Parties
may exercise up to two one-year extensions. Any extension of this Agreement must be approved
in writing by the City Council.
116 of 191
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 for all disciplines described in Exhibit "A"; 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.
Standard Agreement
Page 2 of 12
City of National City and
Revised May 2019 KTU&A
117 of 191
In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONSULTANT in this
Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten
(10) business days, the CONSULTANT and the CITY shall each prepare a report which supports
their position and file the same with the other party. The CITY shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONSULTANT.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2)
become the property of the CITY for use with respect to this project; and (3) shall be turned over
to the CITY upon completion of the project, or any phase thereof, as contemplated by this
Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY's prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT's
written work product for the CITY's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section
14, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than
what was expressly agreed upon within the Scope of Services of this project, unless otherwise
mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY's employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONSULTANT and its employees. Neither this Agreement, nor any
interest herein, may be assigned by the CONSULTANT without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or
hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
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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 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
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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.
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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
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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.
B. 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
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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.
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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 fling 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
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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 't
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.
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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. Entirc 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 crud 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.
11l
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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:
Alejandro Sotelo Solis, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
By:
Roberto M. Contreras
Deputy City Attorney
KTU &A, A CALIFORNIA CORPORATION
(Corporation — signatures of two corporate officers required)
By:
(Name)
(Print)
(Title)
By:
(Name)
(Print)
(Title)
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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 Planning I Landscape Architecture
Geographic Information Systems I Planning and
Design I Community Outreach ( 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 fnofe 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: KTUA 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 tohelp 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
mufti -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, placemaking, 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
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contracts for Western Riverside Council of Governments (WRCOG), the City of San Diego, the Port of San Diego, San Diego Asso-
ciation of Governments (SANDAL), 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 County Transportation 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, KTIJA 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 (CASB); 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.
Respectfully su d,
2
ike Singleton
Principal Transportation Planner
KTUA PRIMARY CONTACT INFORMATION
Michael Singleton I AICP CTP, CA PLA, 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
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02 EXECUTIVE SUMMARY
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 planand community
engagement plan.
GRANTS MANAGEMENT
Grants are basically condensed versions of persuasion. The
advocacy position needs to be a passionate effort to commu-
nicate a current situation that could greatly benefit from the
grant. It certainly needs to follow the requirements closely and
it needsto 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 tothe 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
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2019-2022 Hourly Rates
Senior Principal si80.00
Principal $170.00
Associate Principal $16o.00
Senior Associate $150.00
Associate II $14o.00
Associate I $130.o0
Senior Designer/Senior Planner/GIS Analyst $120.00
Designer/Planner $110.00
Administration $85.00
EXHIBIT B
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
12/3/2019 — Page 132
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.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE:
December 3, 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.
PHONE: 619-336-4312
EXPLANATION:
See attached.
ssociate Civil Engineer DEPARTMENT:
APPROVED BY:
Engineering/Public Works
vA721"7---1
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. I APPROVED: MIS
Funds are appropriated in various CIP accounts for FY 2020; funding for subsequent fiscal years is dependent on
future CIP appropriations as part of annual budget and/or future grant awards
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
!Adopt Resolution executing an Agreement with NV5, Inc. for a not -to -exceed amount of $2,000,000 to provide
on -call project support services for National City's CIP.
BOARD / COMMISSION RECOMMENDATION:
1N/AN
ATTACHMENTS:
1. Explanation
2. Agreement
3. Resolution
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Explanation:
National City's Capital Improvement Program (CIP) estimates approximately $80 million
in capital needs over the next five years. Projects include, for example, corridor
enhancements for traffic calming, pedestrian / bicycle safety (including Americans with
Disabilities Act compliance) and smart growth redevelopment; road diets and complete
streets; safe routes to school; traffic signal modifications; new street lights; sewer
replacement and upsizing; storm drain improvements and implementation of Low -
Impact Development (LID) measures for treatment of urban storm water runoff; drought
tolerant landscaping; facilities improvements; and park amenities.
In order to successfully design, manage and construct these projects, the Engineering &
Public Works Department advertised a Request for Qualifications (RFQ) for various
engineering, architectural and construction support services on May 1, 2019. Additional
services requested via the RFQ include, for example, plan and map reviews,
preparation of plat and legal descriptions, sewer system management and financial
administration, housing and real estate development services, Building Department
support services, and environmental compliance involving storm water, wastewater and
hazardous materials.
The RFQ was advertised on the City's website, published in the San Diego Union
Tribune, e-mailed to over 100 professional consulting firms and also advertised on
PlanetBids where over 400 firms were notified. Additionally, the City hosted an
Information Session regarding the RFQ process on May 14, 2019 at the MLK Jr.
Community Center, which was attended by over 100 people. The Department received
71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019
deadline. Copies of the SOQs received are available in the Office of the City Engineer.
Based on the strength of their SOQ, interview and past performance, staff recommends
executing a three-year Agreement (with the option to extend for two, one year
extensions) with NV5, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call
project support services for National City's CIP, including, but not limited to, project
management; engineering; construction management, inspections and certified payroll;
plan reviews; constructability reviews; land surveying; environmental assessments;
geotechnical; construction support; community outreach and communications. See
Exhibit "A" for general scope of work and Exhibit "B" for schedule of fees. Services will
be provided "as -needed" based on available funding and capital priorities.
In addition, staff recommends authorizing the City Manager to execute any project -
specific supplemental agreements, as may be required for grant funded projects. These
supplemental agreements would reference the terms and conditions of the attached
master on -call Agreement, while incorporating additional project -specific grant
requirements for use of consultant support services. Authorization to accept and
appropriate grant funds, and execute grant agreements with the awarding agency (e.g.
Caltrans, SANDAG, etc.) would still require separate City Council action.
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AGREEMENT
BETWEEN
THE CITY OF NATIONAL CITY
AND
NV5, INC.
THIS AGREEMENT is entered into on this 3rd day of December, 2019, between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and NV5, INC., a
California corporation (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project
support services for National City's Capital Improvement Program (CIP);
WHEREAS, on May 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 terns and
conditions contained herein.
The CONSULTANT represents that all services shall be performed directly by
the CONSULTANT or under direct supervision of the CONSULTANT.
2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement
will become effective on December 3, 2019. The duration of this Agreement is for the period of
December 3, 2019 through December 2, 2022. This Agreement may be extended by mutual
agreement upon the same terms and conditions for an additional one (1) year term. The Parties
may exercise up to two one-year extensions. Any extension of this Agreement must be approved -
in writing by the City Council.
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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; geotecl nical; 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.
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In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONSULTANT in this
Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten
(10) business days, the CONSULTANT and the CITY shall each prepare a report which supports
their position and file the same with the other party. The CITY shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONSULTANT.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2)
become the property of the CITY for use with respect to this project; and (3) shall be turned over
to the CITY upon completion of the project, or any phase thereof, as contemplated by this
Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY's prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT's
written work product for the CITY's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section
14, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than
what was expressly agreed upon within the Scope of Services of this project, unless otherwise
mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY' s employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONSULTANT and its employees. Neither this Agreement, nor any
interest herein, may be assigned by the CONSULTANT without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or
hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
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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
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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 }ARMLESS. 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.
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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
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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 $1,00(),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
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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.
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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 fling 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
coinmunication 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 Perna, 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
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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.
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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.
11/
///
III
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N. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
CITY OF NATIONAL CITY
By:
Alejandra Sotelo Solis, Mayor
APPROVED AS TO :FORM:
Angil P. Morris -Jones
City Attorney
By:
Roberto M. Contreras
Deputy City Attorney
Standard Agreement
Revised May 2019
Page 12 of 12
NV5, INC., A CALIFORNIA CORPORATION
(Corporation - signuturrs of two. corporate officers regii 'dl
By:
(Name)
Richard Tong
(Print)
Executive Vice President
(Title)
City of National City and
NV5
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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.
/��,�, o 7e40,v.„__
armme�sner, PE
Regional Managing Director
P# 27519-0003453.00
Phil ern, PE
Project Manager
15092 Avenue of Science, Suite 200 I San Diego, CA 92128 I www.NV5.com I Office 858.385.0500 I Fax 858.385.04C
CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL
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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.
NV5 is a California Corporation providing engineering
services since the firm's founding in 1949. Our San
Diego office, opened in 1969, is a leader in providing
value added services to public and private agencies
throughout southern California. Our Project Manager,
Phil Kern, PE will be the main point of contact and
maintains an impressive track record delivering tasks
to the City on -time and within budget through existing
on -call contracts.
FAMILIARITY WITH LOCAL ENVIRONMENT
During NV5's 40 years in San Diego, we have
successfully developed long-established working
history with agencies throughout San Diego County.
This experience provides us with an unmatched
understanding of local regulations, design standards,
and best management practices that we employ
with each project we deliver to our clients. Over the
past decade, our team members have established
positive working relationships with City staff and are
intimately familiar with City operations, stakeholders,
and overall community goals. We pride ourselves in
remaining deeply invested in our clients' goals from
project inception to completion.
EXPERIENCE AND TECHNICAL COMPETENCE
NV5 is a leader in providing on -call services to
private and public agencies, having performed
on -call and as -needed services for more than 50
agencies throughout California for the past 40
years. We understand that staffing capacity, clear
communication, strong project management skills
and technical excellence are the keys to efficient
and effective on -call contracts and we will bring all of
these skills to meet your needs.
We understand that flexibility and responsiveness
are critical in order to ramp up or down based upon
conditions. Our firm is structured to provide staff on
very short turnaround times responding to rapidly
changing priorities and project needs. NV5 has
demonstrated through our on -call contracts that
we are quick to respond with the correct team to
solve any issue. We have provided detailed samples
demonstrating our past experience providing these
services in the Experience and Technical Competence
Section of this qualifications package.
NV5's grant writing and administration team prepares
and manages grants for county, city and agencies
throughout southern California. Our efforts have
included working with our clients to identify overall
project needs, developing a project scope and
budget, obtaining data, performing surveys and traffic
counts and obtaining and letters of support. We have
successfully secured over $13M in funding for our
clients, please see details provided in the Grants
Management section on page 37.
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 NV5.0
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5. EXPERIENCE & TECHNICAL
COMPETENCE
a. Proposed Disciplines of Interest
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
V Public Improvements
Parking Facilities
✓ Cost Estimating
• Development Review
✓ Site Remediation
✓ "Green Streets" Design and SWQMP Preparation
STRUCTURAL. ENGINEERING
✓ Foundation Design
✓ New Bridge Design
✓ Bridge Widening Design
✓ Bridge Retrofit Design
• Caltrans Coordination and Processing
✓ Retaining Wall Design
Sound Wall Design
✓ PS&E including Agency Permitting
• Independent Structural Review
✓ Foundation Design (Overhead Structures)
Our clients look to us to find the best solutions to
minimize paperwork hurdles and regulatory impacts,
to provide them with designs that compliment facility
aesthetics, and to solve all of the all of the civil,
structural, survey and inspections challenges.
We are highly interested in providing professional
services to the City within the following disciplines:
MECHANICAL, ELECTRICAL & PLUMBING ENGINEERING
✓ HVAC Equipment Selection/Design
✓ Energy Modeling
✓ Life -Cycle Cost Analysis
✓ Energy Studies/Audits
✓ Control Systems/Instrumentation Design
✓ Control System Optimization
✓ Conceptual Designs
� LEED Consulting
✓ LEED Commissioning
✓ Energy Master Planning
✓ Title-24 Compliance Analysis
✓ Energy Retrofits
✓ Variable Flow Chilled Water Systems
✓ Displacement Ventilation Systems
UTILITY DESIGN & COORDINATION (INCLUDES RULE
20A IJNDERGROUNlIING & JOINT TRENCH)
✓ Construction Plan and Profile Drawings
✓ Construction Support
✓ As -Built Plan Updates
✓ Mitigation Design
✓ Complete Construction Package
✓ PLS-CADD Overhead Design
✓ As -Built Surveying
✓ Overhead Damper Analysis
✓ Attachment Strength Analysis
✓ Coordination with existing SCADA Facilities
On -Call Project Support Services for National City's CIP NV5.0
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.- 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
✓ Building Design
Permitting
✓ Concept Design
✓ Code Reviews
' Accessibility Reviews/Compliance
✓ Cost Estimating
LANDSCAPE ARCHiTECTURi
/ Park Design
Urban Planning/Renewal
✓ Viewshed Analysis
✓ Streetscape Design
✓ Irrigation Plans
✓ Xeriscape Design
LAND SURVEYING & RIGHT-OF-WAY
DOCUMtoI'!TATIOI'I
✓ 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
✓ Wire Sag Studies
✓ LiDAR and High Definition Surveying (HDS)
✓ 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
ENVIRONMENTAL PLANNING, DESIGN & COMPLIANCE
✓ Environmental Documents
✓ CEQA/NEPA
✓ Resource Agency Consultations
✓ Wetlands Delineations
✓ Environmental Technical Studies
✓ Resource Permitting
✓ Impact Assessments
✓ Remediation Plans
✓ Hazardous Materials Assessments
✓ Phase I/II ESAs
✓ Air Quality/Noise/Biological/Cultural Studies
CONSTRI1CT!ON MANAGEMENT & INSPECTIONS
✓ Public Works Inspections
✓ Constructability Reviews
✓ Certified Payroll/Labor Compliance
✓ Construction Management
✓ Specialty Inspections
✓ Value Engineering Reviews
✓ Code Compliance
✓ Bilingual Public Meetings and Facilitation
✓ Branding and Communications
On -Call Project Support Services for National City's CIP
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✓ 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
ENGINk k:ik5NG & PROJECT MANAGEIv is :
/ 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 M;i AC z;;Ni&,7 ;
✓ Research of Grant Opportunities
/ Quarterly Progress Reports
✓ Preparation and Management of Grant
Applications
✓ Schedule of Deliverables
/ Outreach/Educational Events
SEWER SYSTEIVI MANAGEMENT
/ Financial Administration
• Tax Roll Preparation
✓ Annual Sewer User Billing
/ Cost Sharing Analysis
CAPITAL NEEDS ASSESSMENTS & ASSET
MANAGEMENT
/ Geographic Information Systems (GIS)
✓ Financial Analyses
✓ Reports and Presentations - Evaluation of City
Infrastructure, Parks and Facilities
/ Cost Estimates
/ Phasing/Sequencing
I`ldi'tNAGi`- I i`.ilIi
✓ Right -of -Way Acquisition
✓ Appraisals
r _
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 NVE.0
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NV5
scope and budget for the task order are prepared,
not hastily cobbled together after the Notice to
Proceed (NTP) is received. The scopes and hours
for each discipline are clearly spelled out before the
project begins, whether the resource is in-house or
an outside subconsultant. All task order requests and
associated allocation of resources will be managed by
Phil Kern, our Project Manager and day to day contact
for this contract.
An organization chart, on the following page,
illustrates our project team's roles and
responsibilities. Key personnel (*) resumes, starting
on the page following the organization chart,
summarize our applicable licenses and technical
expertise for this contract.
NV5 is committing to the City that these qualified
staff members and consultants will be available to
deliver the City's projects.
NV5 understands that no changes to our team can
be made without prior written approval from the City.
d. Roles and Responsibilities
Having a depth of resources available within arm's
length is also critical to delivering larger projects or
dealing with those unforeseen project emergencies
that crop up occasionally. NV5 has assembled a team
with a collective knowledge of the services required
to fulfill the City's needs, as well as established
relationships with local municipalities and regulatory
agencies. Their technical expertise will assist
the City in completing assigned task orders in a
timely fashion.
The table below delineates the roles and
certifications of our selected subconsultants. Our
team features several firms that are experienced on
National City projects, and familiar to City staff.
Competitive Edge Research I John Nienstedt
Market Research
ECORP Consulting, Inc. I Margaret Bornyasz
Environmental Support
EnSafe I Daryl Hernandez, PE, QSD
Environmental Compliance
Entech Northwest, Inc. I Michelle Jones
Air/Noise
DBE
EQUAL ACCESS I Bob Evans, CASp
Accessibility Compliance
Innovations City I Vilavahn Sanginthirath
Marketing Assessment/Feasibility
Keze Group, LLC I Karyn Keese
Sewer System Management
WBE
Loveless Linton, Inc. I Rebekah Loveless, M.A., RPA
Cultural Resources
WMBE, SLBE, SB Micro
Manuel Oncina Architects I Manuel Oncina, FARA
Architecture
SMBE/MBE
Parterre I Lili O'Connor, RLA
Landscape Architecture
DBE/WBE
STC Traffic I Nick Minicilli, PE, TE
Traffic Engineering
SBE, SB, SLBE
Talent Evolution I Jared Smith
Web Design
West Coast Civil I Adam Podlich, PE, QSD
Civil Engineering
DBE/SMBE
On -Call Project Support Services for National City's CIP
NV5.0
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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
ExpienSeS
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
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NVS
expected to be adjusted in the near future. When the new rates are published, the rates for these services will be
adjusted accordingly.
Kezeroup �
Effective Through 7/1/19 ' OUP LLC
Principal $198.00/hour
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CC/CDC-HA Agenda
12/3/2019 — Page 155
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.
155 of 191
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE:
December 3, 201
AGENDA ITEM Na
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; Tong -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: 1619-336-431 2
EXPLANATION:
,See attached.
Associate 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/A
ATTACHMENTS:
1. Explanation
2. Agreement
3. Resolution'
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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 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.
157 of 191
AGREEMENT
BETWEEN
THE CITY OF NATIONAL CITY
AND
WSP USA INC.
THIS AGREEMENT is entered into on this 3rd day of December, 2019, between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and WSP USA INC., a
New York 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 December 3, 2019. The duration of this Agreement is for the period of
December 3, 2019 through December 2, 2022. This Agreement may be extended by mutual
agreement upon the same terms and conditions for an additional one (1) year term. The Parties
may exercise up to two one-year extensions. Any extension of this Agreement must be approved
in writing by the City Council.
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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
on all disciplines described in Exhibit "A"; grants management; community outreach and
communications.
The CONSULTANT will be expected to submit proposals fox 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 privide 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.
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In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONSULTANT in this
Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten
(10) business days, the CONSULTANT and the CITY shall each prepare a report which supports
their position and file the same with the other party. The CITY shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONSULTANT.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2)
become the property of the CITY for use with respect to this project; and (3) shall be turned over
to the CITY upon completion of the project, or any phase thereof, as contemplated by this
Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY's prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT's
written work product for the CITY's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section
14, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than
what was expressly agreed upon within the Scope of Services of this project, unless otherwise
mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY's employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONSULTANT and its employees. Neither this Agreement, nor any
interest herein, may be assigned by the CONSULTANT without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or
hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
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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, andregulations 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 Agreefgient,
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
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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 thirdlparty, 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, and as limited by California Civil Code Section 2782.8, 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, to the extent 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.
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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 an0
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
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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
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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 breachof 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.
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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 (1v) if given
by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, directionmor 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
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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.
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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 shdll
inure to the benefit of the successors and assigns of the parties hereto.
M. Subcontractors or Subconsultants. The CITY is engaging the services of
the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any
portion of the work, unless such subcontracting was part of the original proposal or is allowed by
the CITY in writing. In the event any portion of the work under this Agreement is subcontracted,
the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor
of the CITY, both the insurance provisions in Section 18 and the indemnification and hold
harmless provision of Section 15 of this Agreement.
/1/
1l1
1/1
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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., A NEW YORIC
CORPORATION
(Coporation — signatures of two corporate officers required)
By:
(Name)
(Print)
(Title)
By:
(Name)
(Print)
(Title)
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169 of 191
S )
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
170 of 191
SI)
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 Iocal, 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
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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 local 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
Executive Summary 1
Contact
Information. 3
Familiarity with Local
Environment 4
Experience
and Technical
Competence 5
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
Grants
Management, 34
Financial Management
and Accounting
Systems 37
Appendices:
Exceptions to this RFP
Amendments to this
RFQ
Disadvantaged Business
Enterprises (DBE)
Resumes
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
Qualifications for On -Call Project Support Services for National City's Capital Improvement Program (CIP)
172 of 191
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 9109
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 $20.9 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.
MENTORSHIP/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 tneeting and exceeding
the 6% DBE goal for this contract and providing our subconsultants important and
meaningful roles.
Qualifications for On -Call Project Support Services for National City's Capital Improvement Program (CIP)
173 of 191
SECTION FOUR
Experience and Technical Competence
PROPOSED DISCIPLINES
The WSP team proposed for this contract will provide services for the following disciplines:
• 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
• 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
Y
Respond to Contract Task Order
• Assemble Team
• Define Task and Approach to Scope of Work
— Preliminary Work Plan and Cost Proposal
• Negotiate Task Order
Task Management and Delivery
• Prepare Project Management Plan
• Prepare Duality Control Plan
• Task Manager Responsible tor:
— Scope, Schedule, Budget, and Quality Management
Project Execution
• Contract Administration
• Quality Control
• Project Controls
• Performance Reporting
• Risk Management
• Conduct Closeout Meeting
• financial Closeout
• Technical Backup/Records Archiving
• Closeout Performance Assessment/ Lessons learned
5
Qualifications for On -Call Project Support Services for National City's Capital Improvement Program (CIP)
174 of 191
Local Assistance Procedures Manual
EXHIBIT B
Exhibit 10-I1
EXIIIB F 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.
Fringe Benefit %
(= 0% if Included in OH)
Contract No_
Date
Cost Proposal
+ 150.00% + 0.00% = 150.00%
+ Overhead % + General Administration % = Combined Indirect Cost Rate (1CIt) %
(= 0% if Included in 01-1)
BILLING INFORMATION
FEE %
CALCULATION INFORMATION
10.00%
Name/Job TiiticlClass ficedonu
Hourly Billing Ratest
Straight OT(1.5x) OT(2x)
Effective date of hourly rate
From To
Actual or Avg.
hourly rate
° or $ increase
hourly range - for
classifications only
Me De La Garza
$242.33
N/A
N/A
I/1/2019
12/31/2019
$88.12
0.00%
Nat Applicable
Senior Supervising Engineer
$242.33
N/A
N/A
1/1/2020
12/31/2020
$88.12
0.00%
$242.33
N/A
N/A
1/12021
12/31/2021
$88.12
0.00%
$242.33
N/A
N/A
1/1/2022
12/31/2022
$88.12
0.00%
Patti Boekamp
$330.55
N/A
N/A
1/1/2019
12/31/2019
$12020
0.00%
Not Applicable
Senior Area Manager
$330.55
N/A
N/A
1/1/2020
12/31/2020
S12020
0.00%
S330.55
NIA
N/A
I/1/2021
12/31/2021
S120.20
0.00%
$330.55
N/A
N/A
1/1/2022
12/31/2022
512020
0.00%
IiarenKosup
$268.40
N/A
N/A
I/I/2019
12/31/2019
$97.60
0.00%
Not Applicable
Senior Engineering Manager
$268.40
N/A
N/A
1/1/2020
12/3.1/2020
$97.60
0.00%
$268.40
N/A
N/A
1/1/2021
12/31/2021
597.60
0.00%
$268.40
N/A
N/A
I/1/2022
12/31/2022
997.60
0.00%
Nirupa Karmen
$192.03
N/A
N/A
1/1/2019
12/31/2019
$69.83
0.00%
Not Applicable
Supervising Engineer
$192.03
N/A
NIA
1/1/2020
12/31/2020
$69.83
0.00%
9192.03
N/A
N/A
1/1/2021
12/31/2021
$69.83
0.00%
S192.03
N/A
N/A.
1/1/2022
12/31/2022
$69.83
0.00"!
Tana Lake
$237.99
N/A
N/A
1/1/2019
12/312019
$86.54
0.00%
Not Applicable
Senior Supervising Planner
$237.99
N/A
N/A
1/1/2020
12/31/2020
$86.54
0.00%
$237.99
N/A
N/A
1/1/2021
12/31/2021
$86.54
0.00%
9237.99
N/A
N/A
1/1/2022,
12/31/2022
$86.54
0.00%
SethTorma
$26637
N/A
N/A
1/1/2019
12/31/2019
$96,86
0.00%
Not Applicable
Senior Planning Manager
$26637
N/A
N/A
1/1/2020
12/31/2020
$96.86
0.00%
$266.37
N/A
N/A
1/1/2021
12/31/2021
$96.86
0.00%
$266.37
N/A
N/A
1/1/2022
12/31/2022
$96.86
0.00%
Stephanie Whitmore
$236.03
N/A
N/A
1/1/2019
12/31/2019
.05..83
0.00%
Nat Applicable
Senior Supervising Planner
S236.03
N/A
N/A
I/12020
12/31/2020
$85.83
0.00%
$236.03
N/A
N/A
1/1/2021
12/31/2021
$85.83
0.00%
$236.03
N/A
N/A
1/1/2022
12/31/2022
$85.83
0.00%
Nathan Johnson
$307.92
N/A
N/A
I/I/2019
12/31/2019
S111.97
0.00%
Not Applicable
Senior Engineering Manager
$307.92
N/A
N/A
1/12020
12/31/2020
SI1197
0.00%
5307.92
N/A
N/A
1/1/2021
12/31/2021
911197
0,00%
$307.92
N/A
N/A
I/1/2022
12/31/2022
$111.97
0.00%
Dante Valdez
$162.55
N/A
N/A
1/1/2019
12/31/2019
$59,11
0.00%
Not Applicable
Senior Engineer
$162.55
N/A
N/A
I/1/2020
12/31/2020
$59.11
0.00%
$162.55
N/A
N/A
1/12021
12/312021
$59.11
0,00%
9162.55
N/A
N/A
1/1/2022.
12/31/2022
$59.11
0.00%
Ryan Whipple
$117.10
N/A
N/A
1/1/2019
1.2/31/2019
$42.5$
0.00%
Not Applicable
Senior Engineer
$117.10
N/A
N/A
1/1/2020
12/31/2020
$42.58
0.00%
$117.10
N/A
N/A
1/1/2021
12/31/2021
$42.58
0_00%
$117.10
N/A
N/A
1/112022
12/31/2022
$42.58
0.00%
PeteRuscitti
$134.09
N/A
N/A
1/1/2019
12/31/2019
$48.76
0.00%
Not Applicable
Lead Planner
$134.09
N/A
NIA
1/1/2020
12/31/2020
$48.76
0.00%
S134.09
N/A
N/A
1/1/2021
12/31/2021
$48.76
0.00%
$134.09
N/A
N/A
1/1/2022
12/3.1/2022
$48.76
0.00%
Tara Olsen
$211.61
N/A
N/A
1/1/2019
12/31/2019
$76.95
0,00%
Not Applicable
Senior Supervising Engineer
$211.61
N/A
N/A
1/1/2020
12/31/2020
$76.95
0.00%
$211.61
N/A
N/A
1112021
12/31/2021
$76.95
0.00%
$211.61
N/A
N/A
1/1/2022
12/31/2022
$76.95
0.00%
ErichFlessner
S191.73
N/A
N/A
I/1/2019
12./31/2019
$69.72
0.00%
Not Applicable
Senior Supervising Engineer
S191.73
N/A
N/A
1/1/2020
12/31/2020
$69.72
0.00%
5.191.73
N/A
N/A
1/1/2021
12/31/2021
$69 72
0.00%
$191.73
N/A
NIA
1/1/2022
12/31/2022
$6972
0.0056
Steven Lewis
$141.19
N/A
N/A
1/12019.
12/31/2019
$51.34
0.00%
Not Applicable
Senior Engineer
9141.19
N/A
N/A
1/1/2020
12/31/2020
$51.34
0.00%
$220.00
N/A
N/A
I /1/2021
12/312021
$80.00
0.00%
$220.00
N/A
N/A
1/1/2022
12/31/2022
$80.00
0.00%
Moi Arzamendi
$232.62
NIA
N/A
1/12019
12/31/2019
$84.59
0.00%
Not Applicable
Senior Principal Technical Specialist
$214.23
N/A
N/A
1/1/2020
12/31/2020
$7790
0.00%
$214.23
N/A
N/A
1/1/2021
12/31/2021
$7790
0,00%
$214.23
N/A
NIA
1/1/2022
12/31/2022
57790
0.00%
Miguel Galvan
$222.12
N/A
N/A
1/1/2019
12/31/2019
$80.77
0.00%
Not Applicable
Senior Supervising Engineer
$22212
N/A
N/A
1/1/2020
12/31/2020
S8077
0.00%
$222.12
N/A
N/A
1/1/2021
12/31/2021
$80.77
0.00%
5222..12
N/A
N/A
1/1/2022
12/312022
$80.77
0.00%
Larry Shaw
$283.88
N/A
N/A
1/1/2019
12/31/2019
$103.23
0A0%
Not Applicable
LPP 15-01
175 of 191
Local Assistance Procedures Mutual Exhibit 10-H
EXHIBIT 10-H COST PROPOSAL
SPECIFIC RATE OF COMPENSATION (ESE FOR ON -CALL OR AS -NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note: Mark-upsareNot Allowed
Consultant or Subconsultant WSP USA Inc.
Fringe Benefit %
(= 0% if Included in OH)
Contract No.
Date
Cost Proposal
+ 150:00%. + 0.00% = 150.00%
+ Overhead % + General Administration % = Combined Indirect Cost Rate (ICA) %
(= 0% if Included in OH)
FEE %=
10.00%
BILLING INFORMATION
CALCULATION INFORMATION
Name/Job TitleJClass ficatian
Hourly Billing Rates'
Straight OT(I 5x) OT(2x)
Effective date of hourly ram
From To
Actual or. Avg.
hourly rates
% or $ increase
Hourly range - for
classifications only
Staff Manager
$283.88
N/A
N/A
1/1/2020
12/31/2020
$103.23
0,00%
$283.88
N/A
N/A
1/1/2021
12/31/2021
$103.23
0.00%
$283.88
NIA
N/A
1/1/2022
12/31/2022
$103.23
0,0059
Inlet Loughran
$223.14
N/A
N/A
I/1/2019
12/31/2019
$81.14
0.00%
Not Applicable
Senior Supervising Planner
$223.14
N/A
N/A
1/1/2020
12/31/2020
$81.14
0.00%
$223.14
N/A
N/A
1/1/2021
12/31/2021
$81 14
0.00%
$223.14
N/A
N/A
1/1/2022
12/31/2022
981.14
0.00%
Billy Hwang
$22971
N/A
N/A
I/1/2019
12/31/2019
$83.53
0.00%
Not Applicable
Principal Consultant 1
$229.71
N/A
N/A
I/1/2020
12/31/2020
$83.53
0.00%
$229.71
N/A
N/A
1/1/2021
12/31/2021
$83.53
0.0059
$229.71
N/A
N/A
1/1/2022
12/31/2022
$83.53
0.00%
Don Emerson
$341.74
N/A
N/A
1/1/2019
12/31/2019
$124:27
0.00%
Not Applicable
Principal Consultant II
$341.74
N/A
N/A
1/I/2020
12/31/2020
$124.27
0.00%
$341.74
N/A
N/A
I/1/2021
12/31/2021
$124.27
0.00%
$341.74
N/A
N/A
1/1/2022
12/31/2022
$124.27
0.00%
Doris Lee
$178.50
N/A
N/A
1/1/2019
12/31/2019
$64.91
0.00%
Not Applicable
Consultant II
$178.50
N/A
N/A
I/1/2020
12/31/2020
$64.91
0.00%
917850
N/A
N/A
I/1/2021
12/31/2021
$64.91
0.00%
$178.50
N/A
N/A
1/1/2022
[2/31/2022
$64.91
0.00%
Mark Briggs
$350.19
N/A
N/A
1/1/2019
12/31/2019
$127.34
0.00%
Not Applicable
Principal Consultant III
$350.19
N/A
N/A
1/1/2020
12/31/2020
$127.34
0.00°'0
9350.19
N/A
N/A
I/1/2021
12/31/2021
$127.34
0.00%
$350.19
N/A
N/A
1/1/2022
12/31/2022
$127.34
0.00%
RobHllcks
S2.14.64
N/A
N/A
I/12019
12/31/2019
$78.05.
0.00°fa
Not Applicable
Vice President
$214.64
N/A
N/A
1/1/2020
12/31/2020
S78.05
0.00%
$214.64
N/A
N/A
1/12021
12/31/2021
$78.05
0.00%
9214.64
N/A
N/A
1/1/2022
12/31/2022
$78.05
0,00%
Brmtdi ✓nnott
$117.98
N/A
NIA
1/1/2019
12/31/2019
$42.90
0.00%
Not Applicable
Senior Project Accountant
$117.98
N/A
N/A
1/1/2020
12/31/2020
S42.90
0.00%
$117.98
N/A
N/A
1/12021
12/31/2021
$42.90
0:0059
$117.98
N/A
N/A
1/1/2022
12/31/2022
$42.90
0.00%
1. Names and classifications of consultant (key staff) team members must be listed. Provide separate sheets for prime and all subconsultant firms.
2. Billing rate = actual hourly rate • (I+ ICR) * (I+ 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 l lourly Rate for that classification.
NOTES:
• Denote all employees subject to prevailing wage with an asterisks (•)
• For Travel Costs: Will be deternnned once tasks are assigned to specific individuals and will be billed at cost
l.PP 15-01
176 of 191
CC/CDC-HA Agenda
12/3/2019 — Page 177
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City adopting the 2020-2025 Strategic Plan. (City
Manager)
Please scroll down to view the backup material.
177 of 191
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: December 3, 2019
AGENDA ITEM NO.
ITEM TITLE:
A Resolution of the City Council of the City of National City adopting the 2020- 2025 Strategic Plan.
PREPARED BY: Brad Raulston, City Manager
EXPLANATION:
The City of National City's Strategic Plan is adopted by the City Council for a five-year period and is
updated every two years. The most recent update of the strategic plan occurred in 2017.
DEPARTMENT: C
APPROVED BY:
A Strategic Plan outlines goals, initiatives and objectives to give staff direction to provide quality
services to the community. The proposed 2020-2025 Strategic Plan was presented to the City Council
during two workshops, which occurred on September 17, 2019 and November 5, 2019.
Staff recommends the City Council approve the resolution to adopt the updated 2020-2025 Strategic
Plan.
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:
N/A
ATTACHMENTS:
1. 2020-2025 Strategic Plan
2. Resolution
178 of 191
CC/CDC-HA Agenda
12/3/2019 — Page 179
The following page(s) contain the backup material for Agenda Item: Approval of Fiscal
Year 2021 Budget Workshop dates. (Finance)
Please scroll down to view the backup material.
179 of 191
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: December 3, 2019 AGENDA ITEM NO.:
ITEM TITLE:
Approval of fiscal year 2021 budget workshop dates.
PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finance
PHONE: 619-336-4330 APPROVED BY: `,e�Lu
EXPLANATION:
The City of National City's fiscal year begins on July 1st and ends on June 30th of the following year. Pursuant to
Section 2.55.040 of the National City Municipal Code, the City Council must adopt the budget for the ensuing
fiscal year by June 30th of each year.
Development of the City's annual budget is a City-wide effort occurring over a six- to seven -month period. The
tentative fiscal year 2021 budget schedule includes presentation of budgetary priorities at the City Council
meeting scheduled for January 21, 2020. In addition, two workshops are proposed for April 21 and May 5, 2020
for presentation and discussion of the preliminary budget. The latter meeting date may not be needed but is
placed on the calendar as a contingency. Budget adoption is planned for June 3, 2020.
With this item, staff seeks approval of the tentative budget workshop dates. If the dates are not agreeable to the
majority of the City Council, direction on alternative dates is sought.
FINANCIAL STATEMENT:
ACCOUNT NO.
NA
APPROVED: `�w/Lt X4, FINANCE
APPROVED: MIS
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION
FINAL ADOPTION
STAFF RECOMMENDATION:
Approve the recommended fiscal year 2021 budget workshop dates.
BOARD / COMMISSION RECOMMENDATION:
NA
ATTACHMENTS:
Tentative Schedule - Fiscal Year 2021 Budget
180 of 191
CALIFORNIA .-•
NATIONAL CITIr
13:11O/CORPOR AT BP
TENTATIVE SCHEDULE - FISCAL YEAR 2021 BUDGET
DATE & TIME
DESCRIPTION
DEPARTMENT
Tuesday, December 3, 2019
(City Council Meeting)
Scheduling of City Council workshops
Strategic Plan Adoption
City Council
Finance
City Council
City Manager
Tuesday, January 21, 2020
(City Council Meeting)
City Council Fiscal Year 2021 budget priorities
City Council
City Staff
Tuesday, April 21, 2020
(City Council Workshop)
4:00 PM
Budget workshop / preliminary budget presentation
City Council
Finance
Tuesday, May 5, 2020
(City Council Workshop)
4:00 PM
Budget workshop (tentative)
City Council
Finance
Wednesday, June 3, 2020
(City Council Meeting)
Budget hearing / budget adoption
City Council
Finance
1 of 1
181 of 191
CC/CDC-HA Agenda
12/3/2019 — Page 182
The following page(s) contain the backup material for Agenda Item: Fiscal Year 2019
and 1st Quarter Fiscal Year 2020 Budget Review. (Finance)
Please scroll down to view the backup material.
182 of 191
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: December 3, 2019
AGENDA ITEM NO.:
ITEM TITLE:
Staff Report: Fiscal Year 2019 and 1st Quarter Fiscal Year 2020 Budget Review
PREPARED BY: Mark Roberts, Director of Finance
PHONE: 619-336-4330
EXPLANATION:
See attached staff report.
DEPARTMENT: Finance
APPROVED BY: L- Xa
FINANCIAL STATEMENT:
ACCOUNT NO.
NA
APPROVED: Limed ZticFINANCE
APPROVED:
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION
FINAL ADOPTION
MIS
STAFF RECOMMENDATION:
Accept the staff report.
BOARD / COMMISSION RECOMMENDATION:
NA
ATTACHMENTS:
Staff report
183 of 191
City Council Staff Report
January , 2020
ITEM
Staff Report: Fiscal Year 2019 and 1st Quarter Fiscal Year 2020 Budget Review
BACKGROUND
As part of the City of National City's Strategic Plan objective to provide consistent financial
reports, this staff report to City Council presents an update on the City's financial operations for
fiscal year 2019 and the first quarter of fiscal year 2020.
DISCUSSION
Budgets are projections based on known and anticipated future revenues and expenditures.
Throughout the year, staff monitor and analyze revenue and expenditures, develop projections,
and provide periodic financial reports to the City Council, City Manager, and department
directors, The totals presented herein for fiscal year 2019 are a summary of the actual revenues
and expenditures, and their impact on fund balance compared to the corresponding budgeted
amounts for the year. The fiscal year 2020 first quarter data reflects revenue and expenditure
totals for the period of July 1st through September 30th compared to the same period for the prior
year.
Fiscal Year 2019
The fiscal year 2019 budget authorized a $4,7 million use of general fund unassigned fund
balance, $3.2 million of which was for operations (structural deficit) and $1.5 million for capital
projects. Subsequent to budget adoption, City Council approved _ - million additional use of
unassigned fund balance, which brought the year-end total to m million. Although an overall
use of million was authorized, a combination of overall cost savings and unanticipated
revenues resulted in an actual increase to unassigned fund balance of $ million. The
variances between budgeted and actual revenues and expenditures and the impacts on fund
balance are summarized below.
Revenues
The City receives revenues from various sources, some of which, such as taxes and fees, provide
unrestricted cash that may be used at the City's discretion. Other revenues are reserved for
specified purposes, for example, grant funds received for capital projects. Actual general fund
revenues for fiscal year 2019, listed by source in the table below, were more than their combined
budgeted total by approximately $4.1 million.
184 of 191
Page 2
Staff Re ort — Fiscal Year 2019 and Pt Quarter Fiscal Year 2020 Budget Review
January , 2020
Fiscal Year -End Revenue Totals
Revenue Source
FY19 Actual
FY19 Adjusted
Budget'
Variance
Sales & Use Tax
$ 19,263,372
$ 18,078,000
$ (1,185;372)
District Transactions & Use Tax
12,446,258
11,359,000
(1,087,258)
Property Tax2
2,184,321
2,146,711
(37,610)
Property Tax in Lieu of VLF
6,711,110.:.•.:,..,,,....,661,664
(49,446)
Other Revenues
18,684,239
'16,961,001
(1,723,238)
Tota13
$ 59,289,300
.... ,,.- $:55,206,376
$ (4,082,924)
adopted budget, plus budget adjustments
2 reflects reduction for property tax allocation to the Library and Parks Maintenance funds
3 excludes transfers
................
...............
.................
Sales & use tax and district transactions & use tax-; revenues for fiscal year 2019 exceeded that of
fiscal year 2018, with receipts in the autos & transportation and: general consumer goods sectors
falling short of expectations. The district transactions & use ("Prop `D"') tax revenues brought
in $1.1 million more than budgeted due to gains in nearly all sectors. In both cases, total
revenues for the year were impacted by the. State's transition: to a new sales tax reporting system
in fiscal year 2018, which delayed processing of payments statewide. The delayed payments
from fiscal year 2018 were recognized as revenue in fiscal year 2019.
Property tax in lieu of ELF (vehicle license fee) revenue ended the year 0.7% above its budgeted
amount. This revenue, which is tieddirectly to the annual reported change in assessed value, has
consistently climbed over the past five years.
The "Other Revenues";category, includes various accounts related to ongoing City operations,
one -tints events, and capital projects reimbursements. The variance of $1.7 million in this
category is :the net result Of variances, both positive and negative, across multiple accounts.
Significant' components include;the foliow_ing unbudgeted or over -/under -realized revenues:
• $5.5 million in revenue from the issuance of the Clean Energy Resource Bonds for the
Energy Savings Project was budgeted as revenue but, instead, was recognized as a
transfer -in to the;GeneralFund and, thus, was not included in the actuals totals above.
• $4.8 million in reveniewas added to the 2017 budget as an offset to an equal amount of
additional appropriations for the Westside Infill Transit -Oriented Development ("WI-
TOD") improvements capital project. In accordance with generally accepted accounting
principles, these revenues are recognized as the project money is spent. Because revenue
directly related to capital projects is not automatically carried forward as appropriations
are, revenues for this project were not budget for fiscal year 2019. However, $0.7 million
was realized, matching the amount that was spent on the project. The remaining balance
of deferred revenue will continue to be recognized as expenses are incurred.
185 of 191
Page 3
Staff Report -- Fiscal Year 2019 and 1st Quarter Fiscal Year 2020 Budget Review
January 2020
• $3.6 million in revenue was budgeted in fiscal year 2019 to offset an equal amount of
additional appropriations for the Paradise Creek Park Site Remediation project.
However, only $2,3 million in expenditures occurred for this project and, therefore, $2.3
million revenues were realized. This project has been carried forward to fiscal year 2020
with the revenue being classified as deferred.
• Investment -related earnings exceeded budgeted amounts by $0.8 million.
• Overtime reimbursements for the Fire Department's strike team's participation in fighting
various wildfires throughout the State were $0.5 millionless than the budgeted amount.
• Successor Agency residual balance distributions exceeded the budget by $0,6 million,
Expenditures
As of June 30, 2019, General Fund expenditures; totaled $59.5 million,: $9,2 million less than the
adjusted budget of $68.7 million. Expenditure variances are summarized by category in the table
below. The most significant variance, $7,2 million,.occurred in the capital projects category.
This $7.2 million does not represent savings. Rather, it is the sum of as yet unspent monies on
specifically authorized capital projects, the largest amounts being $3.0 million for the Paradise
Creek Park Remediation Project, $28 million for the WI TOD park project, and $0.4 million for
Facilities Upgrades projects. As is practice, the unspent capital project appropriations have been
carried over on a project -by -project basis to fiscal year 2020.
FY 2019 Year -End Expenditure Totals
Expenditure Type
Personnel Services
....,..:...
FY19 Actual
38j61.8,267 :
FY19 Adjusted
Budgets
$ 39,189,861
Variance
$ 571,594
Maintenance & Operations
Cap taf Projects
InternalService Charges
Tota12
5,885,060,
7,492,221
7,542,718
$ :59538,266
7,248,511
14,728,327
7,5.49,682
$ 78,716,381
1,363,451
7,236,106
6,964
$ 9,178,115
adopted budget total, plus: budget amendments encumbrances, & capital projects appropriations carried forward from previous fiscal year(s)
2 excludes transfers
Personnel cost savings of $0'6 million were primarily due to budgeted vacant positions. As part
of the fiscal year 2019 budget development process, all positions in the budget system were
reviewed and reconciled to authorized position records, resulting in a reduction in the number of
positions included in the fiscal year 2019 budget projections. Consequently, the amount of
savings in Personnel Services related to vacant positions is less than what was seen in previous
fiscal years.
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Staff Report — Fiscal Year 2019 and 1st Quarter Fiscal Year 2020 Budget Review
January , 2020
Maintenance & Operations ("M&O") savings of $1.4 million were realized across various
accounts but particularly in Professional Services; Contract Services; and Emergency Animal
Treatment.
Transfers In/Out
While technically not revenues and expenditures (and, hence, not shown above), transfers in and
out of the General Fund contribute to fund balance increases and decreases, respectively. Actual
transfers in did not materially differ from the budgeted amount. (See Fund Balance Change table
below.)
Transfers out from the General Fund were under budget-
,by°$O 5 million. (See Fund Balance
Change table below.) This is attributable to the LibraryFund requiring $545,000 less in
subsidies from the General Fund than originally budgeted.
Net Impact on Overall Fund Balance
The table below combines the above revenue and expenditure tables and incorporates the
transfers in and transfers out, to compare the adjusted budget's impact on fund balance to the
actual impact on fund balance. Actual fiscal year 2019 revenues, expenditures, and transfers
resulted in an estimated increase of �= x X million in the overall fund balance of the General Fund,
as compared to the adjusted budgeted usage of 4. X million. This variance is primarily due to
the unspent capital projects appropriations and operational (personnel and M&O) savings
discussed above. Aa discussed further below,
spendable, restricted, committed, assigned, and unassigned.
nd balance is divided into five categories, non-
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Staff Report — Fiscal Year 2019 and 1st Quarter Fiscal Year 2020 Budget Review
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Fund Balance Change — Actual vs Budget (Estimated)
Actual
Revenues
Adjusted
Variance
Transfers In
Total Revenues & Transfers In
Expenditures
Transfers Out
Total Expenditures & Transfers Out
Fund Balance Gain/(Usage)
Beginning Fund Balance
Ending Fund Balance
In accordance with Governmental Accounting Standards Board ("GASB") Statement Number
54, fund balance is classified into the aforementioned categories based primarily on the extent to
Which its use of resources is constrained -The table below reflects the estimated changes in each
category of fund balance within the General ;Fund -from June 30, 2018 to June 30, 2019. The
balances are dependent not only upon the results of operations, i.e., revenues and expenditures,
but also upon changes in such things as liabilities accrued for employee benefits and unspent
appropriations carried over to the succeeding fiscal year.
FY 19
Non -spendable
FY18
Change
Restricted'
Committed
Assigned
Unassigned
Total
Summary of fund balance changes by category:
Non -spendable — fund balance representing assets which are not in spendable form. The
increase in non -spendable was a result of
Restricted — category with spending constraints stipulated either "externally" by the provider
of the assets or by law. For the City, the primary purpose of this category is to reserve an
amount of fund balance equivalent to the subsequent fiscal year's debt service requirement.
The ' million crease is attributable to 13
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Committed — total of resources which have internally imposed restrictions mandated by
formal action of the City Council. This category comprises the City's $XX million
Economic Contingency Reserve and the inmillion Facilities Maintenance Reserve.
During fiscal year 2019, Council approved the use of ; million of the Facilities
Maintenance Reserve for Tier 1 Capital Projects.
Assigned — assets constrained by the Council's intent that they be used for specific purposes
but not meeting the more strict criteria for classification as restricted or committed. Of the
million total, approximately million represents employee benefit liabilities and
...:. ,, pp Y . ---.:� p
$4.2 million represents designated, but as yet unspent, amounts for capital projects carried
forward from the prior year. The difference between the $41 million of assigned fund
balance attributable to unspent capital projects appropriations and the $9.3 million budgeted
but not spent on capital projects noted earlier in this'report`is $3.4 million in appropriations
for the WI-TOD project and $2.0 million for the Paradise Creek Park Remediation, which,
due to accounting rules, does not result in the reservation of fund balance, because they are
offset with corresponding deferred revenues
Unassigned — total of spendable amounts not allocated tothe other fund'balance categories
and which is available for use at Council's discretion. ;Unassigned fund balance, which is
estimated to have pirom by Ku illion, benefitted not only from the operational savings
and better than anticipated revenues discussed above, Nit also from a decrease in employee
benefit liabilities and debt service requirements ;This „million increase compares
favorably to the anticipated use of S 5 million of unassigned fund balance in the fiscal year
::.::...:...
2019 adjusted budget.
ist Quarter Fiscal Year2.020
The fiscal year 2020 adopted budget -authorizes a use of General Fund unassigned fund balance
of $4 1 million;=$1 9 million of which is for capital projects and $2.2 million for operations.
Since it is early in the fiscal:year, the ability to project year-end revenue and expenditure totals
and actual:use of fund balance.: is limited.. The most useful information at the end of the first
quarter (July 1st through September 3011) is a comparison of the fiscal -year-to-date totals of the
City's major revenue sources and'expenditure categories for the period for the current and prior
fiscal years. This `information is summarized in the tables below.
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Staff Report --- Fiscal Year 2019 and 1st Quarter Fiscal Year 2020 Budget Review
January , 2020
Revenues
1st Quarter Revenue Comparison
Revenue Source
FY 20
FY 19 •
Sales & Use Tax
$ 1,384,036
$ 1,626,387
District Transactions & Use Tax
904,926
975,071
Property Tax
45,964
58,013
Property Tax in Lieu of VLF
-
-
Other Revenues
2,110,827
2,166,764
Total
$ 4,445,75.
; ; 4,410,080
The sales & use tax and district transactions & use tax revenue amounts shown are those
distributed to the City by the State in September;;::; Fiscal year 2020 sales & use tax and district
transaction & use tax revenues are lower than fiscal year 2019, due to a portion of 2018 sales tax
revenue being realized in 2019.
Fiscal year 2020 property tax revenge is slightly lower than that of fiscal year 2019 quarter
largely due to a decrease in supplemental roll property taxes , While the revenue is low for both
years, this is normal at this point of the year, as the largest portions of property tax revenues are
typically received in December and April, corresponding to tax payment due dates.
Because the distribution of property tax in lieu of VLF revenue occurs in January and May, no
allocation of this revenue was received in the first quarter of the current or previous fiscal year.
Expenditure Type
Personnel Services
FY 20
$ 6,516,541
FY 19
$ 11,872,398
Maintenance & Operations (M&O)
Capital Projects
Internal Service Charges
627,337
772,941
1,786,424
681,262
546,761
1,885,386
Total
$ 9,703,242
$ 14,985,807
Personnel costs are less than fiscal year 2019's at the same point, due in part to the one-time
lump -sum prepayment of $5.8 million in July for the fiscal year 2019 unfunded actuarial accrued
liability ("UAAL") portion of the City's annual pension contribution,
Fiscal -year-to-date 2020 M&O expenditures are not materially different than fiscal year 2019 at
the same point in time.
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Staff Report — Fiscal Year 2019 and 1st Quarter Fiscal Year 2020 Budget Review
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Budgetary Outlook
The fiscal year 2020 planned use of General Fund unassigned fund balance is $4.1 million. The
mid -year budget status report will include projections to year-end for revenues and expenditures
and their combined. estimated impact on unassigned fund balance.
Conclusion
While the City's general fund experienced an increase in fund balance in fiscal year 2019, this
experience does not demonstrate a trend. The greatest contributors to the increase in fund
balance were personnel vacancy savings, maintenance and;;; operations savings and reduced
requirements for operating subsidies for other funds. The budget for fiscal year 2020 included
significant tightening in these accounts, so the same level of savings is not likely to occur.
Factors likely to affect fund balance in the future include the following:
• Actuarial adjustments by the California Public Retirement System`(CaIPERS) are
expected to require increases in the City'semployer contribution to 'employee pension
funds into the foreseeable future.
An assessment of the City's deferredin infrastructure -facilities maintenance, and historic
and cultural assets determined thc�.cost to_the General Fund to complete all of the
recommended maintenance would-be at least$30 million, therefore, staff is continuing to
analyze various.options for scheduling and financing these projects.
• The City is currently in labor. negotiations with its represented labor groups. The result of
such negotiations will impactthe fund balance.
RECOMMENDATION
Accept.and file this staff repo
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