HomeMy WebLinkAbout1999 11-16 CC AGENDA PKTAGENDA OF A REGULAR MEETING
NATIONAL CITY CITY COUNCIL
COUNCIL CHAMBERS
1243 NATIONAL CITY BOULEVARD
REGULAR MEETING - TUESDAY, NOVEMBER 16, 1999 - 3:00 P.M.
OPEN TO THE PUBLIC
PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE
COMMENCEMENT OF THE MEETING AND SUBMIT IT TO
THE CITY CLERK
IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR
CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL
GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF
NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY
MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO
CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO
KNOW THAT WE APPRECIATE YOUR INVOLVEMENT.
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G.
MCCABE
INVOCATION
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 9,
1999.
COUNCIL AGENDA
11 /16/99 Page 2
MAYOR'S PRESENTATION
ReWater Systems, Inc.
PRESENTATION
Employee Introduction Program
CONSENT CALENDAR
Consent Calendar: Consent Calendar items involve matters, which are of a routine
or noncontroversial nature. All consent calendar items are 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.
1. Resolution No. 99-179
-Dr
)—
Resolution of the City Council of the City of National City accepting the
conveyance, authorizing the recordation of the easement document for street
purposes, and authorizing the naming of a parcel of land on Harrison Avenue.
(Community Development Commission)
2. Resolution No. 99-180
Resolution of the City Council of the City of National City authorizing the Mayor
to execute an Agreement with Kleinfelder, Inc. to provide "as needed" materials
testing services for the City's Capital Improvement Projects for FY 1999-2000.
(Engineering)
3. Resolution No. 99-181
Resolution of the City Council of the City of National City awarding a contract to
Southland Paving, Inc. for the National City Resurfacing Project, FY 1999-2000.
(Engineering Spec. 99-3) (Engineering)
COUNCIL AGENDA
11/16/99 Page 3
CONSENT CALENDAR (Cont.)
4. WARRANT REGISTER #19 (Finance)
Ratification of Demands in the amount of $765,441.02.
NEW BUSINESS
-* CITY MANAGER
-* CITY ATTORNEY
-* OTHER STAFF
- MAYOR
- CITY COUNCIL
PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit)
NOTE: Pursuant to State Law, items requiring Council action must be brought back
on a subsequent Council agenda unless they are of a demonstrated emergency or
urgent nature.
COUNCIL AGENDA
11/16/99 Page 4
NEW BUSINESS (Cont.)
ADJOURNMENT
Next Regular City Council Meeting November 23, 1999 at 6:00 p.m. - Council
Chambers, Civic Center.
TAPE RECORDINGS OF EACH CITY COUNCIL MEETING
ARE AVAILABLE FOR SALE AND TO LISTEN TO
IN THE CITY CLERK'S OFFICE
11/01/1999 16:22 6195851919
REWATER SYSTEMS INC
PAGE 02
REWATER
S Y S T E M A INC.
October 26. 1999
Mayor George Waters
City of National City
1243 National City Blvd.
National City, CA 91950
Dear Mayor Waters:
RcWater SyStems,ttic.
477 Marina Parkway
Chula Vista. CA 91910
TcI(619)585-1196
Fax (619)5X5-191r)
We make legal ereywater irrigation systems that reduce residential reliance on fresh water by
about 36% and decrease residential wastewater production by about 50%. A number of builders
and homeowners: have expressed interest in using our systems in your City, and I would like to
meet with you and your staff to discuss how to encourage this efficient use of your city's services
and our natural resources.
I have enclosed a flyer showing the benefits of our systems and a Technical Guide explaining
how they work Could you please call me at (619) 585-1196 to let me know when someone from
this company can come up and make a presentation to you and your staff.
Sincerely.
Qa.t. "Vatic—,
Stephen Wm. t3ilson
Chairman & CEO
The World's Most Efficient Irrigation System
City of National City
Personnel Department
1243 National City Boulevard
National City, CA 91950
Phone: (619) 336-4300
TDD: (619) 336-4304
MEMORANDUM
DATE •▪ November 9, 1999
TO •▪ Park Morse, Assistant City Manager
FROM • ▪ Roger C. DeFratis, Per�a4 re or
SUBJECT •
EMPLOYEE INTRODUCTION PROGRAM
The City Council has requested that all new full-time employees hired each
month be invited to the third City Council meeting of each month.
The attendance of the employee is voluntary and will not be paid overtime for
such appearance.
The below department director(s) are requested to extend such an invitation
to the listed employee(s) and confirm the employee(s) attendance, if
applicable, with the City Manager by the Thursday preceding the meeting.
Chief DiCerchio
{i}I
:FIF e'l"
•
Darren Pierson/Police Officer
ff,
3 P'?.#tr>i::$::? n:nO:Y:�.:3%Y�.4?(i::l i}Q!i::;`•:
September 28, 1999
Chief Kimble
Thomas Achter/Firefighter
October 19, 1999
Jim Ruiz
Norma Maggiora/Administrative Secretary
November 2, 1999
xc: Chief DiCerchio
Chief Kimble
Jim Ruiz
RCD:Im
MEMOS.DOC-1
® Recycled Paper
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE November 16, 1999
1
AGENDA ITEM NO.
ITEM TITLE
RESOLUTION APPROVING AN EASEMENT AGREEMENT FOR HARRISON
AVENUE EXTENSION
PREPARED BY
Paul Desrochers
DEPARTMENT
EXPLANATION Executive Director `'►`' COMMUNITY DEVELOPMENT COMMISSION
Burlington Northern Santa Fe (BNSF) has prepared and executed an easement agreement for
Harrison Avenue Extension in accordance with a Memorandum of Understanding (MOU) between
the City/CDC and BNSF. This will allow for the construction of Harrison Avenue Extension to
move forward.
l
Environmental Review
Financial Statement
N/A
X N/A
Account No.
(SIAFF RECOMMENDATION
Execute Easement Agreement.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
Easement Agreement
Resolution No. 99-179
A-200 (Rev. 9/60)
RESOLUTION NO. 99-179
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY
ACCEPTING THE CONVEYANCE, AUTHORIZING
THE RECORDATION OF THE EASEMENT DOCUMENT
FOR STREET PURPOSES, AND AUTHORIZING THE
NAMING OF A PARCEL OF LAND AS HARRISON AVENUE
BE IT RESOLVED by the City Council of the City of National City that pursuant to
Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to
record the following instrument conveying an interest real estate to the City ofNational City:
EASEMENT MID dated November 9, 1999, from the Burlington Northern and
Santa Fe Railway Company.
BE IT FURTHER RESOLVED as follows:
1. That the Burlington Northern and Santa Fe Railway Company has conveyed the real property
described in the attached Exhibit "A" to the CITY OF NATIONAL CITY for street purposes.
2. That the CITY OF NATIONAL CITY desires that said property be dedicated for street
purposes.
3. That the described parcel of land in Exhibit "A" shall henceforth be known as a portion of
Harrison Avenue.
PASSED and ADOPTED this 16th day of November, 1999.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H iser, III
City Attorney
George H. Waters, Mayor
J-12861C
Exhibit "A"
ROAD DEDICATION
BNSF Ry. Co.
PARCEL C
Resolution No. 99-179
That portion of the Map of National City in the City of National City, according to Map
No. 348 filed in the Office of the County Recorder of San Diego County, State of
California, described as follows:
Commencing at the most Westerly corner of Block 281 as shown on said Map No.
348; thence South:72°16'01" West 40.00 feet to the TRUE POINT OF BEGINNING;
thence South 17 °45'41 " East 620.18 feet; thence South 72 ° 16' 10" West 9.35 feet
to the beginning of a non -tangent 1022.28 foot radius curve concave Southwesterly,
to Which a radial line. bears North 77°02'59" East; thence Southeasterly along the arc.
of said curve through a central angle of 02°02'18" a distance of 57.71 feet; thence
South 10°54'43" East 509.15 feet to the beginning of a tangent 1243.11 foot radius
curve concave Northeasterly; thence Southeasterly, along the arc of said curve through
a central angle of 06°22'33" a distance of 138.33 feet; thence South 72°42'44"
West 10.00 feet to the beginning 'of a non -tangent 1253.11 foot radius curve concave
Northeasterly, to which a radial line bears South 72°42'44" West; thence
Southeasterly along the arc of said curve through a central angle of 09°19'39" a
distance of 204.00 feet; thence South 85°58'39" West 30.67 feet to the beginning
of a non -tangent 535.00 foot radius curve concave Westerly, to which a radial line
bears North 85°58'39" East; thence Southerly along the arc of said curve through a
central angle of 10°31'17" a distance of 98.24 feet to a point on the Northerly line
of that deed recorded December 28, 1994 as Document No. 1994-0735221; thence
South 72°10'35" West along said Northerly line 57.71. feet; thence leaving said line
North 09°09'44" East 1.33 feet to the beginning of a tangent 483.00 foot radius
curve concave Westerly; thence Northerly along the arc of said curve through a central
angle of 24°14'55" a. distance of 204.41 feet; thence North 15'05' 12" West 170.28
feet to the beginning of a tangent 483.00 foot radius curve concave Southwesterly;
thence Northwesterly along the arc of said curve through a central angle of 02°39'43"
a distance of 22.44 feet; thence North 17°44'54" West 314.97 feet; thence_ North
15°41'42" West 77.40 feet; thence North 09°57'53" West 150.40 feet; thence
North 07°58'09" West'.214.92 feet; thence North 11 °29'32" West 131.92 feet;
thence North 12° 15' 19" West 201.38 feet to the beginning of a tangent 440.00 foot
radius curve concave Southwesterly; thence Northwesterly along the arc of said curve
through a central angle of 05°29'18" a distance of 42.15 feet; thence North
17°43'59" West 53.14 feet to the beginning of a tangent 40.00 foot radius curve
concave Southwesterly; thence Northwesterly along the arc of said curve through a
central angle of 90°00'00"- a distance of 62.83 feet; thence North 72°16'01" East
82.79 feet to the TRUE POINT OF BEGINNING.
jb/12861 c.001
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that THE BURLINGTON NORTHERN AND SANTA
FE RAILWAY COMPANY, a Delaware corporation, whose address for purposes of this instrument is 2650 Lou
Menk Drive, Ft. Worth, TX 76131, Grantor, for One Dollar ($1.00) to it paid by CITY OF NATIONAL CITY, a
municipal corporation, Grantee, and the promises of the Grantee hereinafter specified, does hereby remise, release
and quitclaim unto the Grantee, subject to the terms and conditions hereinafter set forth, an EASEMENT for street
right-of-way purposes to extend Harrison Avenue (Harrison Avenue Street Improvements), over, upon and across
the following described premises, situated in San Diego County, State of California, to -wit:
See Exhibit "A" attached hereto and by this reference made a part hereof.
RESERVING, however, unto the Grantor, its successors and assigns, the right to construct, place, operate,
maintain, alter, repair, replace, renew, improve and remove communication lines above, below and on the surface of
the premises, including, without limitation, transmission by conduit, fiber optics, cable, wire or other means of
electricity, voice data, video, digitized information, or other materials or information, pipelines, utility lines, track
and facilities including the right of ingress and egress in any such manner as does not unreasonably interfere with
Grantee's use of the premises for said street right-of-way purposes, and further reserving unto Grantor, its successors
and assigns, all right and privilege of ingress and egress to said premises as Grantor, its successors and assigns may
require to investigate and remediate environmental contamination and hazards, and further reserving the right and
privilege to use said land for any and all purposes not inconsistent with the use thereof for said street right-of-way
purposes.
The foregoing easement is made subject to and upon the following express conditions:
1. To existing interests in the above -described premises to whomsoever belonging and of whatsoever
nature and any and all extensions and renewals thereof, including but not limited to underground pipe line
or lines, or any type of wire line or lines, if any.
2. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or
future alteration of said street right-of-way purposes shall be made and maintained in such manner, form
and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor;
and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from
such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as
may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary,
construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor,
such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other
waters, and of materials and workmanship equally as good as those now existing.
3. If during the construction or subsequent maintenance of said street right-of-way purposes, soils or
other materials considered to be environmentally contaminated are exposed, Grantee will remove and
safely dispose of said contaminated soils. Grantee shall indemnify, protect and defend the Grantor from any
and all liability, claims or demands, if any, which arise as a result of exposure and/or removal of said
contaminated soils or materials. Determination of soils contamination and applicable disposal procedures
thereof, will be made only by an agency having the capacity and authority to make such a determination.
4. The Grantee agrees to keep the above -described premises free and clear from combustible materials
and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said
premises, said work of cutting and removal to be done at such times and with such frequency as to comply
with Grantee and local laws and regulations and abate any and all hn7ard of fire.
5. The Grantee shall bear the cost of removal, relocation or reconstruction of any and all right of way
fences, telephone or telegraph poles, or other facilities, the removal, relocation or reconstruction of which
may be made necessary by reason of the use of said premises for said street right-of-way purposes.
6. The Grantee shall, at its own cost and expense, make adjustment with industries or other lessees of
Grantor for buildings or improvements that may have to be relocated, reconstructed or destroyed by reason
of the construction and maintenance of said street right-of-way purposes on said premises.
8. The Grantee or its contractor(s) shall telephone Grantor's Communication Network Control Center at
(800) 533-2891 (a 24 hour number) to determine if fiber optic cable is buried anywhere on the premises;
and if so, the Grantee or its contractor(s) will contact the Telecommunications Company(ies) involved, and
make arrangements with the Telecommunications Company(ies) for protection of the fiber optic cable prior
to beginning any work on the premises.
9. If at any time the use of the premises for the purposes herein should be abandoned or discontinued by
the Grantee, the said easement over the herein described premises shall thereupon cease and determine and
the Grantee shall surrender or cause to be surrendered to the Grantor or its successors and assigns, the
peaceable possession of said described premises, and title to the said premises shall remain in the Grantor,
or its successors or assigns, free and clear of all rights and claims of the Grantee and of the public for use
and occupancy of the said premises.
10. This easement shall be binding upon and inure to the benefit of the heirs, executors, administrators,
assigns and successors of Grantor and Grantee.
11. For so long as this easement shall survive, all contracts between the Grantee and its contractor, for
either the construction herein provided for or maintenance work on the highway within any easement area
described herein or shown on the exhibit attached hereto, shall require the contractor to indemnify and hold
harmless the Grantor and any other railroad company occupying or using the Grantor's right of way or lines
of railroad against all loss, liability and damage arising from activities of the contractor, its forces or any of
its subcontractors or agents; and shall further provide that the contractor shall:
A. Furnish to the Grantor a railroad protective liability policy in the form provided by FHPM 6-6-2-2,
or as such form may be hereafter amended or supplanted, and any other pertinent instructions issued by the
Federal Highway Administration, Department of Transportation. The combined single limit of said policy
shall not be less than Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries to
or death of any person or persons and for all damages arising out of loss or destruction of or injury or
damage to property in any one occurrence, and, subject to that limit a total (or aggregate) limit of not less
than Six Million Dollars ($6,000,000.00), for all damages arising out of bodily injuries to or death of any
person or persons and for all damages arising out of or loss or destruction of or injury or damage to
property during the policy period. Said insurance policy executed by a corporation qualified to write the
same in the State in which the work is to be performed, shall be in the form and substance satisfactory to
the Grantor and shall be delivered to and approved by the Grantor's Regional Chief Engineer prior to the
entry upon or use of its property by the contractor. This being a potentially perpetual easement, Grantor
reserves the right to require higher limits of insurance in the future as authorized by FHPM.
B. Carry regular General Contractors Liability Insurances specified in FHPM 6-6-2-2, or as such
form may be hereafter supplanted or amended, and any other pertinent instructions issued by the Federal
Highway Administration, Department of Transportation, providing for a limit of not less than One Million
Dollars ($1,000,000.00) for all damages arising out of the bodily injuries to or death of one person, and,
subject to that limit for each person, a total limit of not less than Two Million Dollars ($2,000,000.00) for
all damages arising out of bodily injuries to or death of two or more persons in any one accident; and
providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages to or destruction
of property in any one accident and subject to that limit a total (or aggregate) limit of not less than Two
Million Dollars ($2,000,000.00) for all damages to or destruction of property during the policy period. A
certified copy of the policy providing said Contractor's Public Liability and Property Damage Insurance
executed by a corporation qualified to write the same in the State in which the work is to be performed, in
form and substance satisfactory to the Grantor, shall be delivered to and approved by the Grantor's
Regional Chief Engineer prior to the entry upon or use of the Grantor's property by the contractor. This
being a potentially perpetual easement, Grantor reserves the right to require higher limits of insurance in
2
the future as authorized by FHPM.
12. Intentionally Omitted
13. The Grantor does not warrant its title to said premises nor undertake to defend the Grantee in the
peaceable possession, use or enjoyment thereof; and the grant herein made is subject to all outstanding
rights or interest of others, including the tenants and licensees of the Grantor.
14. Grantee, in its acceptance hereof, hereby agrees to indemnify and save harmless said Grantor, from and
against all lawful claims, demands, judgments, losses, costs and expenses, for injury to or death of the
person or loss or damage to the property of any person or persons whomever, including the parties hereto,
in any manner arising from or growing out of the acts of omissions, negligent or otherwise of Grantee, its
successors, assigns, licensees and invitees or any person whomsoever, in connection with the entry upon,
occupation or use of the said premises herein described, including but not limited to that of the location,
construction, operation, restoration, repair, renewal, or maintenance of said street right-of-way purposes
upon the herein described premises or otherwise.
15. Grantor and Grantee hereby acknowledge that a portion of the land described herein is presently
occupied by a tenant of Grantor. Grantor hereby retains the right of use of the premises until such time as
construction of the Harrison Avenue Street Improvements has begun. Grantee agrees to advise Grantor of
the schedule for commencement of construction of the Harrison Avenue Street Improvements, so Grantor
can plan for relocation of the tenant.
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances
thereunto belonging to Grantee for public use and enjoyment for the purposes aforesaid and for no other purpose
whatsoever subject to the terms and conditions hereinbefore stated.
IN WITNESS WHEREOF, the said THE BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMP Y has caused this instrument to be signed by its authorized officer, and the corporate seal
affixed on the 4 day of /vim r,6lors 1999.
CITY OF NATIONAL CITY
ACCEPTED:
By:
Title
By:
By:
THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY
DIRECTOR CONTRACTS
ATTEST:
By:
IJG��ZLGLQ VielM/4614:
Title Assistant Secretary
:,.SEAL:.`
'g�H! tiNd...
3
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On _____, 1999, before me, , notary public in and
for said State, personally appeared and
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature
(Seal)
STATE OF TEXAS )
) ss.
COUNTY OF TARRANT )
On this 9 447 day of II%ue,n lo€ , 1999, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared F' Q Spax r (off and
known to me to be The- 4 j inIkaate.
Aaaietant Scerotary, respectively, of the corporation that executed the within instrument on behalf of the Corporation
therein named, and acknowledged to me that such Corporation executed the same.
KATHERYN J. BRAKE
Notary Public
STATE OF TEXAS
to. ogiOI/Ooo
Notary's Signature:
My Commission Expires:
4
J-12861C
Exhibit "A"
ROAD DEDICATION
BNSF Ry. Co.
PARCEL C
That portion of the Map of National City in the City of National City, according to Map
No. 348 filed in the Office of the County Recorder of San Diego County, State of
California, described as follows:
Commencing at the most Westerly corner of Block 281 as shown on said Map No.
348; thence South 72°16'01 " West 40.00 feet to the TRUE POINT OF BEGINNING;
thence South 17°45'41 " East 620.18 feet; thence South 72° 16' 10" West 9.35 feet
to the beginning of a non -tangent 1622.28 foot radius curve concave Southwesterly,
to which a radial line bears North 77°02'59" East; thence Southeasterly along the arc -
of said curve through a central angle of 02°02' 18" a distance of 57.71 feet; thence
South 10°54'43" East 509.15 feet to the beginning of a tangent 1243.11 foot radius
curve concave Northeasterly; thence Southeasterly along the arc of said curve through
a central angle of 06°22'33" a distance of 138.33 feet; thence South 72°42'44"
West 10.00 feet to the beginning of a non -tangent 1253.11 foot radius curve concave
Northeasterly, to which a radial line bears South 72°42'44" West; thence
Southeasterly along the arc of said curve through a central angle of 09° 19'39" a
distance of 204.00 feet; thence South 85°58'39" West 30.67 feet to the beginning
of a non -tangent 535.00 foot radius curve concave Westerly, to which a radial line
bears North 85°58'39" East; thence Southerly along the arc of said curve through a
central angle of 10°31'17" a distance of 98.24 feet to a point on the Northerly line
of that deed recorded December 28, 1994 as Document No. 1994-0735221; thence
South 72°10'35" West along said Northerly line 57.71. feet; thence leaving said line
North 09°09'44" East 1.33 feet to the beginning of a tangent 483.00 foot radius
curve concave Westerly; thence Northerly along the arc of said curve through a central
angle of 24°14'55" a distance of 204.41 feet; thence North 15°05'12" West 170.28
feet to the beginning of a tangent .483.00 foot radius curve concave Southwesterly;
thence Northwesterly along the arc of said curve through a central angle of 02°39'43"
a distance of 22.44 feet; thence North 17°44'54" West 314.97 feet; thence North
15°41'42" West 77.40 feet; thence North 09°57'53" West 150.40 feet; thence
North 07°58'09" West .214.92 feet; thence North 11 °29'32" West 131.92 feet;
thence North 12° 15' 19" West 201.38 feet to the beginning of a tangent 440.00 foot
radius curve concave Southwesterly; thence Northwesterly along the arc of said curve
through a central angle of 05°29'18" a distance of 42.15 feet; thence North
17°43'59" West 53.14 feet to the beginning of a tangent 40.00 foot radius curve
concave Southwesterly; thence Northwesterly along the arc of said curve through a
central angle of 90°00'00 a distance of 62.83 feet; thence North 72°16'01" East
82.79 feet to the TRUE POINT OF BEGINNING.
jb/12861 c.001
City of National City, California
COUNCIL AGENDA STATEMENT
NOVEMBER 16, 1999
MEETING DATE
AGENDA ITEM NO.
2
ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
KLEINFELDER, INC. TO PROVIDE "AS -NEEDED" MATERIALS TESTING SERVICES FOR THE
CITY'S CAPITAL IMPROVEMENT PROJECTS FOR FY 1999-2000
PREPARED BY Michael J. Long DEPARTMENT
Engineering
EXPLANATION
Statements of Qualifications for performing "as -needed" Material
Testing Services were requested on June 30, 1999. We received statements
from five very qualified firms. All five firms were interviewed and ranked
based on their presentation and answers to prepared questions. Our
selection committee has chosen to recommend Kleinfelder, Inc. to perform
the "as -needed" services. The length of the contract will be one year.
Environmental Review X N/A
Financial Statement
Funding source will vary depending on specific C.I.P.
Account No.
STAFF RECOMMENDATIO
Adopt the Resol orizing the Mayor to sign the agreement
between the City and leinfelder, Inc.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1. Resolution
2. Agreement
kle
Resolution No. 99-180
A-200 (9/80)
RESOLUTION NO. 99- 180
RESOLUTION OF THE CITY COUNCIL OF
I'HE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH KLEINFELDER, INC. TO
PROVIDE "AS NEEDED" MATERIALS TESTING
SERVICES FOR THE CITY'S CAPITAL
IMPROVEMENT PROJECTS FOR FY 1999-2000
WHEREAS, the Engineering Department received Statements of Qualifications
from five qualified firms to provide "as needed" materials testing services for the City's Capital
Improvement Projects for FY 1999-2000; and
WHEREAS, all five firms were interviewed by a selection committee and ranked
based on their presentations and answers to prepared questions; and
WHEREAS, the City has determined that Kleinfelder, Inc. is qualified by
experience and ability to perform the services desired by the City, and is willing to perform such
services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City authorizes the Mayor to enter into an agreement with Kleinfelder, Inc. to provide
"as needed" materials testing services for the City's Capital Improvement Projects for FY 1999-
2000. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 16"1 day of November, 1999.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Etser, III
City Attorney
AGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
KLEINFELDER, INC.
ORIGINAL
THIS AGREEMENT is entered into this 16th day of November, 1999 by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and
Kleinfelder, Inc. (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide "as -
needed" Materials Testing Services for the City's Capital Improvement Projects and various
other materials testing needs.
WHEREAS, the CITY has determined that the CONTRACTOR is qualified by
experience and ability to perform the services desired by the CITY, and the CONTRACTOR is
willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as
set forth in the attached Exhibit "A". The CITY will request a variety of project dependent
services using the form attached herein as Exhibit "C". All pertinent information will be
included in the request for services. The CONTRACTOR shall provide the costs for the
specific services requested using the form attached herein as Exhibit "D". The costs given in
Exhibit "D" shall be based on the unit costs listed in Exhibit "B".
The CONTRACTOR 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 CONTRACTOR, from time to time
reduce or increase the Scope of Services to be performed by the CONTRACTOR under this
Agreement. Upon doing so, the CITY and the CONTRACTOR 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, not to exceed a factor of 10% from the
base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Stephen M. Kirkpatrick, Principal Civil Engineer hereby is designated as the Project
Coordinator for the CITY and will monitor the progress and execution of this Agreement. The
CONTRACTOR shall assign a single Project Director to provide supervision and have overall
responsibility for the progress and execution of this Agreement for the CONTRACTOR.
Ronald Thomson, Operations Manager thereby is designated as the Project Director for the
CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR 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 requested in Exhibit "C" shall not exceed the project specific
schedule given in Exhibit "D" without prior written authorization from the City Engineer.
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 "C" as
determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of final payment under this Agreement, for inspection by
the CITY and for furnishing of copies to the CITY, if requested.
5. LENGTH OF AGREEMENT. The terms of this agreement shall be in
force for a period of (1) one-year.
6. DISPOSITION AND OWNERSIIIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by
the CONTRACTOR for this Project, whether paper or electronic, shall become the property of
the CITY for use with respect to this Project, and shall be turned over to the CITY upon
completion of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR assigns
to the CITY and 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 CONTRACTOR shall, upon request of
the CITY, execute any further document(s) necessary to further effectuate this waiver and
disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's
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written work product for the CITY's purposes, and the CONTRACTOR 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 CONTRACTOR shall relieve the CONTRACTOR 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 this project, unless otherwise mutually agreed.
7. 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. The CONTRACTOR is not an
employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the
CITY's employees, including but not limited to medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR'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 CONTRACTOR and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONTRACTOR without the prior written
consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR
from employing or hiring as many employees as the CONTRACTOR may deem necessary for
the proper and efficient performance of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly
agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or
employees are in any manner agents, servants or employees of the CITY, it being understood
that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly
independent contractors and that the CONTRACTOR's obligations to the CITY are solely such
as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR,
in the performance of the services to be provided herein, shall comply with all State and
Federal statutes and regulations, and all ordinances, rules and regulations of the City of
National City, whether now in force or subsequently enacted. The CONTRACTOR, and its
subcontractors, shall obtain and maintain a current City of National City business license prior
to and during performance of any work within the City.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONTRACTOR represents and covenants
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that the CONTRACTOR 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
CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, 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 profession currently practicing under similar conditions and in similar
locations. The CITY expects that the CONTRACTOR shall take all special precautions
necessary to protect the CON 1'RACTOR'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. The CONTRACTOR is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONTRACTOR 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 CONTRACTOR has notified the CITY otherwise, the CONTRACTOR 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 CONTRACTOR to use
due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for
any increased costs that result from the CITY's later inability to obtain the specified items or
any reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will
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 CONTRACTOR 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 CONTRACTOR
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.
13. CONFIDENTIAL INFORMATION. The CITY may from time to
time communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC-
TOR shall treat all such information as confidential and shall not disclose any part thereof
without the prior written consent of the CITY. The CONTRACTOR 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 13,
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 CONTRACTOR, hereafter
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disclosed in publicly available sources of information; (iii) is already in the possession of the
CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter
rightfully disclosed to the CONTRACTOR 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 CONTRACTOR 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
CONTRACTOR 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.
CONTRACTOR shall be liable to CITY for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The
CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its
officers, 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, costs or attorneys' fees, of any kind or nature, including workers'
compensation claims, of or by anyone whomsoever, to the extent resulting from or arising out
of the CONTRACTOR' s negligent or willful misconduct in the performance of this
Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR 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 Government Code
and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, defend 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 attorney's fees and 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
CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall
purchase and maintain throughout the term of this agreement, the following insurance policies:
A. Professional liability insurance 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 non -owned
vehicles.
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C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of its employees and
volunteers.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, 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 of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made" rather
than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three
years after expiration of the term (and any extensions) of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not less
than A VIII according to the current Best's Key Rating Guide, or a company equal financial
stability that is approved by the City's Risk Manager.
J. 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 CONTRACTOR does not keep all of such insurance policies
in full force and effect at all times during the terms of this Agreement, the CITY may elect to
treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate
the Agreement as provided herein.
17. 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 judgement 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.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to
this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
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Rules of the American Arbitration Association (the "AAA") before resorting to arbitration.
The costs of mediation shall be borne equally by the parties. Any controversy or claim arising
out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation
shall be settled by arbitration in San Diego, California, in accordance with the Commercial
Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive
upon the parties, and a judgment thereon may be entered in any court having jurisdiction over
the subject matter of the controversy. The expenses of the arbitration shall be borne equally by
the parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses
or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-day
written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR 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
CONTRACTOR 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 CONTRACTOR 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
CONTRACTOR, whether paper or electronic, shall immediately become the property of and
be delivered to the CITY, and the CONTRACTOR 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 CONTRACTOR's breach, if
any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth
in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
20. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such
overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days
(ten (10) days if the address is outside the State of California) after the date of deposit in a post
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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 the CITY:
Burton S. Myers
City Engineer
City of National City
1243 National City Boulevard
National City, CA 91950
To the CONTRACTOR: Mr. Ronald Thomson, Operations Manager
Kleinfelder, Inc.
5015 Shoreham Place
San Diego, CA 92122
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR 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 CONTRACTOR also agrees not to specify any product,
treatment, process or material for the project in which the CONTRACTOR has a material
financial interest, either direct or indirect, without first notifying the CITY of that fact. The
CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the
National City Conflict of Interest Code. The CONTRACTOR 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 CONTRACTOR has a financial interest as defined in Government Code
Section 87103. The CONTRACTOR 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 CONTRACTOR shall be strictly liable to the CITY for all damages, costs
or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
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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. The Exhibits and Schedules are
as follows:
Exhibit "A" = Scope of Services
Exhibit "B" = Schedule of Fees
Exhibit "C" = City's Material Testing Request Form
Exhibit "D" = Contractor's Project Specific Task and Fee Schedule
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or any
other provision hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. 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.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. 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
Page 9
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 CONTRACTOR
By: By:
George H. Waters, Mayor
APPROVED AS TO FORM: (Title)
George H. Eiser, III
City Attorney By:
(Title)
Page 10
On November 29, 1999, staff inspected the slope, located at the easterly property line of
2321 East 5th Street regarding the property owner's request for a retaining wall
installation. Staff findings show that the slope is eroding and the footings of the fence
posts are undermined, and approximately a three-foot wall retains the slope at the bottom.
The entire slope is located on Paradise Valley Hospital parking lot at 502 Euclid Avenue.
The Engineering Department has advised the Paradise Valley Hospital to restore the
slope as soon as possible. Attached is a copy of the letter dated November 4, 1999.
We have also contacted Ms. Karen White and informed her about our action.
EXHIBIT "A"
SCOPE OF SERVICES
1. Services will consist of providing soil and material engineering and testing
services during design and construction phases of the City's capital
improvement projects. Fee will include all necessary resources including
labor, equipment, material, and transportation required to provide these
services.
2. Projects may vary in scope and magnitude from $5,000.00 to $1,000,000.00
construction costs. The City is not obligated to contract all the soil and
material engineering and testing services to the retained consultant.
3. A minimum of twenty-four (24) hour notice will be given, by the City, at the
time of a request for service. This notice will cover all the necessary office
work required to be performed prior to field -work. Firms should be capable
of providing requested services within twenty-four (24) hours after receipt of
request. City may cancel a request for service at least two hours prior to the
selected time without being subject to any changes.
4. Soils and materials testing work will be accomplished according to the
Project Drawings and Specifications, which may include San Diego Area
Regional Standard Drawings, Standard Specifications for Public Works
Construction, and Caltrans Standard Specifications and Drawings, and all
other codes and practices applicable to material testing governing a
particular project.
5. Caltrans certified personnel shall possess current Form HC-1 "Certificate of
Proficiency in Construction Materials Testing" issued by the Caltrans District
Materials Engineer or other Caltrans designated District authorities.
6. Caltrans certified personnel that are experienced in the testing of materials
used in the construction of public works facilities and familiar with Regional
Standard drawings and Standard Specifications ("Green Book") are required.
The City shall have the right to make a determination as to the qualifications
of the individual personnel, and shall have the right to require substitution of
non -qualified individuals with qualified personnel. It is expected that the
testing personnel at the job site will play an active role in the construction of
the project. Whenever required, the Consultant shall observe, monitor, and
inspect construction operations and procedures for conformance with project
Page 1 of 3
plans and specifications. Observations shall be reported directly to the City
inspector.
7. All reports and pertinent data obtained under the agreement between the
City and the Consultant shall be the property of the City and may not be used
or reproduced in any form without the explicit written permission of the City.
Compaction test results should be available in the field at the time of testing
on projects where previous sampling for maximum densities curves has been
obtained. In any case, compaction test results shall be available no later than
the next working day. Formal reports should be prepared and submitted as
soon as the segment of the work is completed or when requested by the City.
8. The Consultant shall certify a properly executed affidavit that they will not
perform any work for the City that could lead to a conflict of interest.
The Consultant shall notify the City of any possible conflicts of interest prior
to performing work requested by the City. A conflict of interest may include,
but is not limited to having a financial interest in any projects where services
are requested, or consulting or performing work for the developers,
investors, engineers, contractors, or materials suppliers of projects where
services are requested.
The City has the option to rescind and void the contract in the event that the
selected firm fails to properly notify the City of a possible conflict of interest.
9. Caltrans certified personnel are to provide material testing services in
response to City's request. Hours shall be determined by the City Engineer.
The City will schedule work on a prior day basis, with the expectation of
availability of a technician not more than one hour later than the desired
time. When necessary and where possible, the City will coordinate work to
allow the use of a single technician, but is under no obligation to do so. The
City may schedule or reschedule work on the same basis if a technician is
available. The City will not be liable for any tests where cancellation occurs
at least two hours prior to the scheduled time.
10. The testing services shall be provided efficiently and in timely fashion. All
material testing services will be performed on the basis of a standard
schedule of fees provided in "Exhibit B" which shall be valid for the life of the
contract.
11. Payment will be made based upon itemized billing submitted in accordance
with this agreement and after submittal of acceptable formal reports. Billing
should be submitted with and make reference to each test report, itemized
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as to unit cost and total billed. Project name, specification number, date of
sampling and testing, and the name of person that requested the service shall
be identified on each bill. Bills that are not complete as required in this
section shall be returned unpaid.
12. Should either party fail to uphold the contract in any part and the situation
not be resolved by negotiation, the contract may be voided by written action
of either party.
13. Fees provided in Exhibit'B" shall include travel time, reports, mileage and all
the associated costs for incidental reports and calculations directly related to
the projects.
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EXHIBIT "B"
"SPECIFICATIONS, SUPPLEMENTARY CONDITIONS, AND SCHEDULE OF
FEES"
SECTION A SOIL TESTING
COST
1. Laboratory Maximum Density ASTM D-1557 Method C per test. $ 151.00
2. Density of Soil in Place by the Sand Cone Method in Accordance to
ASTM D-1556, per hour, (2 -hour minimum per call out). $ 54.00
3. Density of Soil and Soil Aggregate in Place by the Nuclear Method in
accordance to ASTM D-2922, per hour (2-hour minimum per call out).
$ 54.00
4. Moisture Content of Soil and Soil Aggregate in Place by the Nuclear
Method in accordance to ASTM D-3017, per hour (2-hour minimum
per call out)
$ 54.00
5. Material Sampling, per hour (2 hour minimum per call out). $ 46.00
SECTION B CONCRETE TESTING
1. Compression Strength of Cylindrical Concrete Specimen in Accordance
with ASTM C-39, per test. $ 20.00
2. Sampling and Molding Cylindrical Concrete Samples in accordance to
ASTM C-172 and ASTM C-31, per hour (2-hour minimum per call out).
$ 46.00
3. Pick-up Concrete Specimens Within 20 Hours of Fabrication in Accordance
with ASTM C-31, per trip.
$ 50.00
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SECTION C ASPHALT CONCRE 1'h TESTING
1. Quantitative Extraction of Bitumen from Bituminous Paving Mixture
in Accordance with ASTM D-2122 Method B, or California Test 262,
per test.
- Without gradation $ 119.00
-With gradation $ 189.00
2. Sieve or Screen Analysis of Fine and Coarse Aggregates Combined
in Accordance with ASTM C-136, per test.
-For Fine Gradation Only
-For Coarse Gradation Only
$ 90.00
$ 61.00
3. Sand Equivalent Value of Soils and Fine Aggregate in Accordance
to ASTM D-2419 or California Test 217, per test. $ 80.00
4. Loss in IA Rattler in accordance with California Test 211, per Test.
$ 128.00
5. Swell in Accordance with California Test 305, per Test. $ 122.40
6. Maximum Density Determination of Asphalt Concrete by the
Marshal Method in Accordance with ASTM D-1559, Paragraph 3.5
and 3.6, per test. $ 156.00
7. Maximum Density Determination of Asphalt Concrete by the Hveen
Method in Accordance with ASTM D-1560 and D-1561 or California
Test 304, per test. $ 157.00
8. Theoretical Maximum Density Determination of Asphalt Concrete
in Accordance with ASTM D-2041, per test. $ 108.00
9. Stabilizer Value of Asphalt in place by Nuclear Gauge Method
in Accordance with California Test 366, per test. $ 118.00
10. Density Bituminous Concrete in Place by Nuclear Method in
ASTM D-2950, per hour (2 hours minimum per call out). $ 54.00
11. Material Sampling per Hour (2 hours minimum per call out) $ 45.00
Page 2 of 3
SECTION D PLANT INSPECTION
Provide full time plan inspection of Asphalt Concrete and Portland Cement Plants
to assure proper operation, and proportioning in accordance with requirements of
project specifications. A written report will be submitted to the City daily and will
include observations, and required corrections and adjustments. The plant
inspector shall communicate any evidence of non -specification material being
produced to the City as soon as possible and shall coordinate closely with the City,
field inspector to prevent incorporation of non -specification material in any City
project. Payment shall be per hour for time spent at the plant. $ 46.00
SECTION E "R" VALUE TEST
"R" Value, per test, soil sampling, per hour (2 hour minimum per call out, including
travel time, reports, and mileage). "R" Value Tests of Soils in accordance with
ASTM D-1557 shall be provided on samples of materials selected by the City and
sampled by the Laboratory at the site. Test results reported shall include a
description of the materials, "R" value containers shall be supplied by the laboratory.
SECTION F CONSULTANT SERVICE (PER HOUR)
PRINCIPAL ENGINEER
REGISTERED ENGINEER
PROJECT ENGINEER
STAFF ENGINEER
$ 198.00/test
$ 46.00/hr
$ 138.00/hr
$ 110.00/hr
$ 97.00/hr
$ 81.00/hr
Page 3 of 3
EXHIBIT "C"
CITY OF NATIONAL CITY
ENGINEERING DEPARTMENT
MATERIAL TESTING REQUEST FORM
DATE: REQUEST NO.
Kleinfelder Inc.
5015 Shoreham Place
San Diego, CA 92122
Phone No: (858) 320-2000
Fax No: (858) 320-2001
PROJECT TITLE:
SPECIFICATION NO.:
PURPOSE OF THE TESTING:
PLEASE PROVIDE THE FOLLOWING INFORMATION (SPECIFY TEST(S) TO BE
PERFORMED):
REQUESTED BY:
APPROVED BY: DATE:
CITY ENGINEER OR
ASSISTANT CITY ENGINEER
FAXED ON:
MTRF
EXHIBIT "D"
TASK ORDER - (#)
MATERIAL TESTING SERVICES for
(PROJECT NAME)
(NATIONAL CITY SPECIFICATION NUMBER)
(Description of project)
PHASE I.
TASK A. (Description of task and deliverable)
NOT -TO -EXCEED FEE
TASK B. (Description of task and deliverable)
NOT -TO -EXCEED FEE
$00,000
$00,000
PHASE 1 TOTAL NOT -TO -EXCEED FEE $00,000
PHASE II
TASK A. (Description of task and deliverable)
NOT -TO -EXCEED FEE
TASK B. (Description of task and deliverable)
NOT -TO -EXCEED FEE
$00,000
$00,000
PHASE II TOTAL NOT -TO EXCEED $00,000
TOTAL PROJECT NOT -TO -EXCEED $00,000
PAGE 1 OF 2
SCHEDULE (Schedule for Phase I and Phase II deliverables; if applicable)
CLARIFICATIONS/EXCLUSIONS
1.
PREPARED BY:
CONTRACTORS REPRESENTATIVE
APPROVED BY:
EXHBTD
CITY ENGINEER OR
PRINCIPAL CIVIL ENGINEER
PAGE 2 OF 2
DATE:
DATE:
City of National City, California
COUNCIL AGENDA STATEMENT
November 16, 1999
MEETING DATE
AGENDA ITEM NO.
ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A \
CONTRACT TO SOUTHLAND PAVING, INC. FOR THE NATIONAL CITY STREET RESURFACING
PROJECT, FY 1999-2000, SPEC. NO. 99-3
PREPARED BY
Michael Long
DEPARTMENT
Engineering
EXPLANATION
On October 28, 1999 bids were received and opened for the National City
Street Resurfacing Project, FY 1999-2000, Spec. No. 99-3.
The project includes the repair of bituminous pavements in various
locations within the City of National City. The pavement repairs vary from
full -depth reconstruction, including replacement of the basis materials, to
pavement overlays, depending of the type and severity of failure. All
affected pavement markings will be replaced. The project also includes
replacement of 671 feet of 10-inch sewer main in addition to the removal
and replacement of a drop manhole within the limits of the sewer main
replacement. The Contractor will be allowed 90 working days to complete the
project. Staff has reviewed the bid documents and found the lowest
responsive bidder, Southland Paving, Inc. qualified to perform the work.
The total cost for the project is estimated as $1,239,000. This amount
includes the construction bid cost of $1,077,322.90 plus approximately 5%
($53,877.10) for inspection and material testing services and approximately
10% ($107,800) for contingencies.
Environmental Review X N/A
Financial Statement The total project cost will
available through the following Account Numbers:
509-500-598-6035, 343-509-500-598-6035, 125-509
598-6154, 109-409-500-58-6035 07- 09-500-
Al
be $1,239,000. Funding is
109-509-500-598-6035, 307-
-500-598-6035, 307-509-500-
598-6035.
Account No.
STAFF RECOMMENDATI (/
Adopt the Resoluti n
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below )
1. Resolution
2. Bid Opening Sheet
3. Bid Results Spreadsheet
99-181
Resolution No.
A-200 (9/80)
RESOLUTION NO. 99-181
RESOLUTION OF IHL CITY COUNCIL OF
LEM CITY OF NATIONAL CITY
AWARDING A CONTRACT TO SOUTHLAND
PAVING, INC. FOR tHE NATIONAL CITY
RESURFACING PROJECT, FY 1999-2000
(Engineering Spec. 99-3)
WHEREAS, the Engineering Department of the City of National City did, in open
session on October 28, 1999, publicly open, examine and declare all sealed bids for the National
City Street Resurfacing Project, FY 1999-2000.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the
City of National City hereby awards the contract for the National City Street Resurfacing Project
to the lowest responsive, responsible bidder, to wit:
SOUTHLAND PAVING, INC.
BE IT FURTHER RESOLVED by the City Council of the City of National City,
California, that the Mayor is hereby authorized to execute on behalf of the City, a contract
between Southland Paving, Inc. and the City of National City for the National City Street
Resurfacing Project, FY 1999-2000. Said agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 16th day of November, 1999.
George II Waters, Mayor
AILEST:
Michael R Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
BID OPENING
SPECIFICATION NUMBER: 99-3
PROJECT TITLE: NATIONAL CITY STREET RESURFACING PROJECT
FY 99-00
OPENING DATE: THURSDAY, OCTOBER 28, 1999
TIME: 3:00 P.M.
ESTIMATE: $1,050,000
No. Bidder's Name
(page 13 or14 )
1.
2.
3.
4.
5.
6.
7.
JD PAVING INC.
HANSON CONSTRUCTION
SOUTHLAND PAVING
SRM CONTRACT & PAVING
NICHOLAS GRANT CORP.
HAZARD CONSTRUCTION
Bid Amount
(page 13 )
$1,096,288.87
$1,437,820.12
$1,077,322.90
$1,142,410.00
$1,292,926.00
$1,473,142.55
Addenda
(page13)
r'
ve-
Bid Security
(page 18 - check)
(page 19 - bond)
BOND
BOND
BOND
BOND
BOND
BOND
8.
GRANITE CONSTRUCTION
ABC CONSTRUCTION
$1,441,144.00
$1,383,499.80
BOND
BOND
1. JD Paving, Inc.
1412 Barham Drive
San Marcos, CA 92069
2. Hanson Construction
P.O. Box 639069
San Diego, CA 92163
3. Southland Paving
361 North Hale Avenue
Escondido, CA 92029-1716
4. SRM Contract & Paving
7192 Mission Gorge Rd.
San Diego, CA 92120
5. Nicholas Grant Corp.
5370 Eastgate Mall
San Diego, CA 92121
6. Hazard Construction
6465 Marinindustry Place
San Diego, CA 92122
7. Granite Construction
14080 B San Pasqual Valley Rd
Escondido, CA
8. ABC Construction
3120 National Avenue
San Diego, CA 92113
October 29, 1999
Bid Results for: Street Resurfacing Project Pi' 99-00
ABC Construction
Hanson
Granite Construction
7
Hazard Construction
8
Rank 0
No.
Item
Qnty
Unit
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Mobilization
1
LS
$1,100.00
$1,100.00
$50,140.00
$50,140.00
$55,000.00
$55,000.00
$126,500.00
$126,500.00
1
2
Clearing and Grubbing
1
LS
$8,000.00
$8,000.00
$10,500.00
$10,500.00
$5,000.60
$5,000.60
$9,000.00
$9,000.00
3
Excavation
1
LS
$347,500.00
$347,500.00
$284,016.00
$284,016.00
$189,172.00
$189,172.00
$436,200.00
- $436,200.00
4
10" PVC Sewer Pipe
671
LF
$82.50
$41,937.50
$129.00
$86,559.00
$88.00
$59,048.00
$85.00
$57,035.00
5
Sewer Lateral Connections
12
EA
$695.00
$8,340.00
$720.00
$8,640.00
$400.00
$4,800.00
$400.00
$4,800,00
6
8" Aggregate Base
3270
TN
$22.00
$71,940.00
$30.20
$98,754.00
$25.00
$81,750.00
$15.00
$49,050.00
7
10" Aggregate Base
7,588
TN
$22.00
$166,496.00
$27.00
$204,336.00
$25.00
$189,200.00
$15.00
$113,520.00
8
1-1/2" AC Reconstruction
121
TN -
$58.50
$7,078.50
$45.50
$5,505.50
$94.00
$11,374.00
$60.00
$7,260.00
9
2" AC Reconstruction
1473
TN
$58.50
$86,170.50
$37.40
$55,090.20
$94.00
$138,462.00
$60.00
$88,380.00
10
2-1/2" AC Reconstruction
102
TN
$58.50
$5,967.00
$43.25
$4,411.50
$94.00
$9,588.00
$60.00
$6,120.00
11
3" AC Reconstruction
1001
TN
$58.50
$58,558.50
$33.95
$33,983.95
$94.00
$94,094.00
$60.00
$60,060.00
12
Crack Seal
1
LS
$8,500.00
$8,500.00
$8,400.00
$8,400.00
$8,000.00
$8,000.00
$8,640.00
$8,640.00
13
Pavement Milling
25,781
LF
$1.05
$27,070.05
$1.08
$27,843,48
$1.00
$25,781.00
$1.25
$32,226.25
14
Pavement Fabric
54,449
SY
$0.85
$46,281,85
$0.77
$41,925.73
$1.00
$54,449.00
$0.75
$40,836.75
15
1" AC Overlay
34
TN
$41.00
$1,394.00
$129.00
$4,386.00
$46.00
$1,584.00
$36.00
$1,224.00
16
1-1/2" AC Overlay
920
TN
$41.00
$37,720.00
$34.25
$31,510.00
$46.00
$42,320.00
$36.00
$33,120.00
17
2" AC Overlay
5,615
TN
$41.00
$230,215.00
$34.40
$193,156.00
$46.00
$258,290.00
$36.00
$202,140.00
18
Seal Coat
63,811
SY
$0.40
$25,524.40
$0.70
$44,667.70
$0.40
$25,524.40
$0.05
$3,190.55
19
Leveling Course
539
TN
$47.00
$25,333.00
$44.65
$24,066.35
$46.00
$24,794.00
$36.00
$19,404.00
20
Curb and Gutter (remove & replace)
61
LF
$28.50
$1,616.50
$55.23
$3,369.03
$58.00
$3,538.00
$27.00
$1,647.00
21
New Curb & Gutter
31
LF
$28.50
$821.50
$44.63
$1,383.53
$50.00
$1,550.00
$27.00
$837.00
22
New Gutter
100
LF
$20.00
$2,000.00
$23.73
$2,373.00
$50.00
$5,000.00
$20.50
$2,050.00
23
New Sidewalk
100
SF
$5.30
$530.00
$10.61
$1,061.00
$6.00
$600.00
$5.40
$540.00
24
Sidewalk Remove & Replace
808
SF
$6.40
$5,171.20
$10.50
$8,484.00
$9.00
$7,272.00
$6.50
$5,252.00
25
New Cross Gutter
418
SF
$9.50
$3,971.00
$14.00
$5,852.00
$17.00
$7,106.00
$10.00
$4,180.00
26
Remove & Replace Cross Gutter
3993
SF
$9.50
$37,933.50
$11.55
$46,119.15
$9.00
$35,937.00
$10.00
$39,930.00
27
Pedestrian Ramps
7
EA
$1,200.00
$8,400.00
$1,459.50
$10,218.50
$1,100.00
$7,700.00
$1,200.00
$8,400.00
28
Adjust Manhole Covers
51
EA
$160.00
$8,160.00
$535.50
$27,310.50
$150.00
$7,650.00
$180.00
$8,160.00
29
Bemove & Replace Drop Manhole
1
EA
$8,400.00
$8,400.00
$14,385,00
$14,385.00
$8,500.00
$8,500.00
$7,200.00
$7,200.00
30
Reinstall Traffic Loops
42
EA
$235.00
$9,870.00
$231.00
$9,702.00
$215.00
$9,030.00
$270.00
$11,340.00
31
Traffic Shipping
1
LS
$28,500.00
$26,500.00
$17,879.00
$17,879.00
$17 050.00
$17,050.00
$18,400.00
$18,400.00
32
Traffic Control
1
LS
$65,000.00
$65,000.00
$71,794.00
$71,794.00
$52,000,00
$52,000.00
$66.500.00
$66,500.00
Total
$1,383,499.80
$1,437,820.12
$1,441,144.00
$1,473,142.66
Engineer's Estimate
$1,060,000.00
$1,060,000.00
$1,060,000.00
$1,060,000.00
Percent Over Estimate
31.78%
36.94%
37.26%
40.30%
Page 2 of 2
October 29, 1999
Bid Results for: Street Resurfacing Project FY 99-00
ABC Construction
Hanson
Granite Construction
Hazard Construction
8
Rank
•
6 e
Amount
Item
Qnty
Unit
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Unit Price
$126,500.00
$126,500.00
No.
LS
$1,100.00
$1,100.00
$50,140.00
$50,140.00
$55,000.00
$55,000.00
$9,000.00
Mobilization
1
1
LS
$8,000.00
$8,000.00
$10,500.00
$10,500.00
$5,000.60
_ $5,000.60
$9,000.00
$438,200.00
$436,200.00
2
Clearing and Grubbing
1
LS
$347,500.00
$347,500.00
$284,016.00
$284,016.00
$189,172.00
8189,172.00
$85.00
$57,035.00
3
Excavation
671
LF
$82.50
$41,937.50
$129.00
$86,559.00
$88.00
$59,048.00
$400.00
$4,800.00
4
10" PVC Sewer Pipe
12
EA
$695.00
08,340.00
$720.00
$8,640.00
$400.00
$4,800.00
$15.00
$49,050.00
5
Sewer Lateral Connections
3270
TN
$22.00
$71,940.00
$30.20
$98,754.00
$25.00
$81,750.00
$15.00
$113,520.00
6
8" Aggregate Base
Base
7,568
TN
$22.00
$166,496.00
$27.00
$204,336.00
$25.00
$189,200.00
$60.00
$7,260.00
7
10" Aggregate
Reconstruction
121
TN
$58.50
$7,078.50
$45.50
$5,505.50
$94.00
$11,374.00
$60.00
$88,380.00
8
1-1/2" AC
1473
TN
$58.50
$85,170.50
$37.40
$55,090.20
$94.00
$138,462.00
$60.00
$6,120.00
9
2" AC Reconstruction
102
TN
$58.50
$5,967.00
$43.25
$4,411.50
$94.00
$9,588.00
$60.00
$60,060.00
10
2-1/2"AC Reconstruction
1001
TN
$58.50
$58,558.50
$33.95
$33,983.95
$94.00
$94,094.00
$8,640.00
$8,640.00
11
3" AC Reconstruction
1
LS
$8,500.00
$8,500.00
$8,400.00
$8,400.00
$8,000.00
$8,000.00
$1.25
$32,226.25
12
Crack Seal
Milling
25,781
LF
$1.05
$27,070.05
$1.08
$27,843.48
$1.00
$25,781.00
$0.75
$40,836.75
13
Pavement
Fabric
54,449
SY
$0.85
$46,281.65
$0.77
$41,925.73
$1.00
$54,449.00
$36.00
$1,224.00
14
Pavement
Overlay
34
TN
$41.00
$1,394.00
$129.00
$4,386.00
$46.00
$1,564.00
$36.00
$33,120.00
15
1" AC
AC Overlay
920
TN
$41.00
$37,720.00
$34.25
$31,510.00
$46.00
$42,320.00
$258,290.00
$36.00
$202,149.00
16
1-1/2"
2" AC Overlay
5,515
TN
$41.00
$230,215.00
$34.40
$193,158,00
$46.00
$25,624.40
$0.05
$3,190.55
17
Seal Coat
63,811
SY
$0.40
$25,524.40
$0.70
$44,667.70
$0.40
$24,794.00
$36.00
$19,404.00
18
Leveling Course
539
TN
$47.00
$25,333.00
$44.65
$24,066.35
$48.00
$3,538.00
$27.00
$1,647.00
19
Gutter (remove & replace)
61
LF
$26.50
$1,616.50
$55.23
$3,369.03
$58.00
$1,550.00
$27.00
$837.00
20
Curb and
New Curb & Gutter
31
LF
$28.50
$821.50
$44.63
$1,383.53
$50.00
$5,000.00
$20.50
$2,050.00
21
New Gutter
100
LF
$20.00
$2,000.00
$23.73
$2,373.00
$50.00
$600.00
$5.40
$540.00
22
New Sidewalk
100
SF
$5.30
$530.00
$10.81
$1,061.00
$6.00
$9.00
$7,272.00
$8.50
$5,252.00
23
Sidewalk Remove & Replace
808
SF
$6.40
$5,171.20
$10.50
$8,484.00
$17.00
$7,106.00
$10.00
$4,180.00
24
New Cross Gutter
418
SF
$9.50
$3,971.00
$14.00
$5,852.00
25
27
Remove & RepCross Gutter
993
$1,100.00
$7,700.00
$1,200.00
$8,400.00
27
Pedestrianan Ramps
EA
$1,200.00
$8,400.00
$1,459.50$10.00
$10,218.50
$150.00
$7,850.00
$180.00
$8,160.00
28
Adjust Manhole Covers
51
EA
$180.00
$8,180.00
$535.50
$27,310.50
$8,500.00
$8,500.00
$$27000
29
Remove & ReplaceDrop Manhole
$8,400.00
$8,400.00
$14,385.00
$215.00
$9,030.00
$11 340.00
30
Reinstall Traffic Loops
42
EEAA
$ 35.00
$9,870.00
$231.00
$9,702.00
$17,050.00
$17,050.00
$18,400.00
$18,400.00
31
Traffic Stripping
1
LS
$26,500.00
$26,500.00
$17,879.00
$17,879.00
$52,000.00
$52,000.00
086,500.00
$66,500.00
32
Traffic Control
1
LS
$65,000.00
$65,000.00
$71,794.00
$71,794.00
$1,441,144.00
$1,473,142.55
$1,383,499.80
$1,437,820.12
Total
$1,060,000.00
E1,060,000.00
$1,060,000.00
$1,060,000.00
Engineer's Estimate
40.30%
31.76%
36.94%
37.25%
Percent Over Estimate
Page 2 of 2
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE 11/16/99
AGENDA ITEM NO. 4
ITEM TITLE WARRANT REGISTER #19
PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE
EXPLANATION.
Ratification of Warrant Register #19
per government section code 37208.
Environmental Review N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
I recommend ratification of these warrant for a total of $765,441.02
BOARD/COMMISSION RECOMMENDATION
WreCL�UJ�✓(�'
TT CHMENTS (Listed Below)
1. Warrant Register #19
2. Workers' Comp Warrant. Register dated 11/03/99
Resolution No
A-200 (Rev. 9/80)