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Home My WebLink About1999 07-27 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, JULY 27, 1999 - 6:00 P.M. i 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 JULY 20, 1999. COUNCIL AGENDA 7/27/99 Page 2 INTERVIEWS/APPOINTMENTS City Boards & Commissions - Interview Library Board - Appointment Housing & Community Development Committee - Appointment 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. 99-105 Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Schmidt Design Group to develop the Paradise Creek Educational Park Enhancement Plan. (Parks & Recreation) 2. Resolution No. 99-106 Resolution of the City Council of the City of National City accepting the work and authorizing the filing of the Notice of Completion, and approving Change Order No. 2 for the curb, gutter sidewalk, and pedestrian ramp improvements at various locations. (Specification No. 98-1). (Engineering) 3. WARRANT REGISTER #02 (Finance) Ratification of Demands in the amount of $271,735.78. 4. Street Tree Committee Minutes. (Parks & Recreation) COUNCIL AGENDA 7/27/99 Page 3 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 7/27/99 Page 4 NEW BUSINESS (Cont.) CLOSED SESSIONS Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation pursuant to subdivision (c) of Section 54956.9 (One potential case) Conference with Labor Negotiators - Government Code Section 54957.6. Agency Designated Representatives: Dan Cassidy and Roger DeFratis Employee Organization: Police Officers' Association Agency Designated Representatives: Roger DeFratis, Brenda Hodges, and Jim Ruiz Employee Organization: Municipal Employees' Association Agency Designated Representative - Roger DeFratis Employee Organization: Confidential Employees ADJOURNMENT Next Regular City Council Meeting - August 3, 1999 at 3:00 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 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor July 6, 1999 Ms. Alejandra Sotelo 1215 Coolidge Avenue National City, CA 91950 ......................... Dear Ms. Sotelo: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, July 27, 1999 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEOR E H. WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on rile and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for Mare than One) Building Advisory & Appeals Board Planning Commission XX Civil Service Commission Port Commission Senior Citizens Advisory Board Traffic Safety Committee Parks & Recreation Advisory Board Library Board of Trustees Serra Library Systems Board Sweetwater Authority Street Tree & Parkway Committee San Diego County Water Authority Project Area Committee Housing & Community Development Student Commissioner Committee Name: •Alejandra Refugio Sotelo (Last) Home Address: (First) 1215 Coolidge Ave. National City CA 91950 Birth Date 9/18/79 (Optional) Telephone: Residence ( 619 477-8223 ) Business/Work ( 619 477-5333 NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 1 9yrs SAN DIEGO COUNTY? 19yrs NATIONAL CITY? 17yrs ARE YOU A REGISTERED VOTER: YES xx NO Colleges attended and degrees held, if any: Related Professional or Civic Experience: Miss National City 97-98 . NCPD Police Explorers (lyrs)Coach at National City American Little Teague (2yrs), Las Palmas Softhall Coach (1yr) PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: DATE: YOUR SIGNATURE RETURN COMPLETED FORM TO: THE CITY COUNCIL to F 4L'AL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor JULY 15, 1999 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: LIBRARY BOARD Please be advised that there is one vacancy on the Library Board. Ms. Maureen Wisener served on the Traffic Safety Committee, however, she has expressed a desire to be placed on the Library Board. If there are no objections, I recommend we appoint Ms. Wisener to the Library Board for a term ending on June 30, 2002. This item will be placed on the Council Agenda for the meeting of July 27, 1999. GEOR E H. WATERS GEO MAYOR GHW:nu ® Recycled Paper N Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor JULY 7, 1999 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: HOUSING & COMMUNITY DEVELOPMENT COMMITTEE There are currently two vacancies on the Housing & Community Development Committee. Mr. Aurelio Mendoza was interviewed by the City Council and has expressed a desire to serve on the above -subject Committee. If there are no objections, I recommend we appoint Mr. Mendoza to serve a full term on the Housing & Community Development Committee which ends on April 28, 2001. This item will be placed on the Council Agenda for the meeting of July 27, 1999. GEOR E H. WATERS MAYOR GHW:nu ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 27, 1999 AGENDA ITEM NO. 1 tre ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH SCHMIDT DESIGN GROUP TO DEVELOP PARADISE CREEK EDUCATIONAL PARK ENHANCEMENPLAN PREPARED BY JIM RUIZrn/\ DEPARTMENT PARKS AND RECREATION EXPLANATION - The City has received a grant of $50,000 from the California State Coastal Conservancy for developing an enhancement plan for Paradise Creek Educational Park.. RFP's were mailed to ten consultant firms that expressed aninterest in preparing plans for the project. Several meetings were held with representatives from these firms, including a meeting on site. Proposals were reviewed by city staff from Planning, Engineering, Public Works, and the City Attorney. As a result of the reviews and interviews, staff is recommending the City enter into a contract with Schmidt Design Group to develop the enhancement plan for Paradise Creek Educational Park. In this phase of the project, design of enhancement plans, the contractor has insurance policies with one million dollars aggregate in coverage for professional liability and vehicle insurance. The City normally requires that any aggregate insurance limits be dedicated to the project, or the coverage limits doubled. The costs of increasing the limits would be over $1,800. After reviewing with the Risk Manager, staff recommends accepting the contractor's existing insurance coverages, which has aggregate limits of one million dollars. Environmental Review x N/A Financial Statement Consultant Fee is $49,140.00 Budget is $50,000.00 Account Noa-409-500-598-4001 STAFF RECOMMENDATION Adopt resolution BOARD/COMMISSION RECOMMENDATION Adopt resolution ATTACHMENTS (Listed Below) Agreement Resolution No 99-105 A-200 (Rev. 7/80) RESOLUTION NO. 99- 105 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SCHMIDT DESIGN GROUP TO DEVELOP THE PARADISE CREEK EDUCATIONAL PARK ENHANCEMENT PLAN WHEREAS, the City has received a $50,000 grant from the California State Coastal Conservancy for development of an enhancement plan for Paradise Creek Educational Park; and WHEREAS, after interviewing interested consultant firms who had submitted plans for review, City staff recommends entering into an agreement with Schmidt Design Group to develop the Paradise Creek Educational Park Enhancement Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is authorized to execute an agreement with Schmidt Design Group to develop the Paradise Creek Educational Park Enhancement Plan. A copy of the agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 27'" day of July, 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SCHMIDT DESIGN GROUP THIS AGREEMENT is entered into this 13th day of July, 1993, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and SCHMIDT DESIGN GROUP (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to prepare the Paradise Creek Educational Park Enhancement Plan. WHEREAS, the CITY has determined that the CONTRACTOR is a landscape and planning firm and 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 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 CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. 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. 3. PROTECT COORDINATION AND SUPERVISION. Jim Ruiz 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 Print Date: 07/21/99 Page 1 of 9 Paradise Creek Educational Park Enhancement Plan Schmidt Design Group Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Gary Ruyle is hereby 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 described in Exhibit "A" shall not exceed $49,170 without prior written authorization from the City Manager. 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 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. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 6. DISPOSITION AND OWNERSHIP 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 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, Print Date: 07/21/99 Page 2 of 9 Paradise Creek Educational Park Enhancement Plan Schmidt Design Group 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 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. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and Print Date: 07/21/99 Page 3 of 9 Paradise Creek Educational Park Enhancement Plan Schmidt Design Group 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 CONTRACTOR'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. 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 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 Print Date: 07/21/99 Page 4 of 9 Paradise Creek Educational Park Enhancement Plan Schmidt Design Group 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, in any way resulting from or arising out of the CONTRACTOR's 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 in the aggregate. 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. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit in the aggregate, 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 CTTY, 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 non -renewal (except ten (10) days for non- payment of premium). 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 endeavor to maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any commercial general liability 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 Print Date: 07/21/99 Page 5 of 9 Paradise Creek Educational Park Enhancement Plan Schmidt Design Group 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 attorny'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/ARBI'1RATION. 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 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. Print Date: 07/21/99 Page 6 of 9 Paradise Creek Educational Park Enhancement Plan Schmidt Design Group 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 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: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Gary Ruyle Schmidt Design Group 2655 Fourth Avenue 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 Print Date: 07/21/99 Page 7 of 9 Paradise Creek Educational Park Enhancement Plan Schmidt Design Group 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. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR 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 CONTRACTOR shall obtain from the City Clerk. 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. 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. Print Date: 07/21/99 Page 8 of 9 Paradise Creek Educational Park Enhancement Plan Schmidt Design Group E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. 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 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 SCHMIDT DESIGN GROUP By: By: George H. Waters, Mayor (Name) APPROVED AS TO FORM: (Title) George H. Eiser, III City Attorney Print Date: 07/21/99 Page 9 of 9 Paradise Creek Educational Park Enhancement Plan Schmidt Design Group MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 27, 1999 AGENDA ITEM NO. 2 ITEM TITLE RESOLUTION ACCEPTING THE WORK, APPROVING CHANGE ORDER NO 2, AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION FOR THE CURB, GUTTER, SIDEWALK, AND PEDESTRIAN RAMP IMPROVEMENTS AT VARIOUS LOCATIONS, SPECS NO. 98-1 PREPARED BY DIN DANESHFAR DEPARTMENT ENGINEERING EXPLANATION SEE ATTACHED REPORT Environmental Review XN/A Financial Statement The final contract cost is $337, 948. 08. Funds are available from Purchase Order No. B50540. STAFF RECOMMEND ION ,/ a c f.;unt No. Ltd--) Adopt the Resolution authorizing the acce.tance of work, approving Change Order No. 2, and authorizing the filing .,f the Notice of Completion. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Contract Final Balance 3. Change Order No. 2 Resolution No. 99-106 4. Notice of Completion A-28b k RESOLUTION ACCEPTING THE WORK, APPROVING CHANGE ORDER NO. 2, AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION FOR THE CURB, GUTTER, SIDEWALK, AND PEDESTRIAN RAMP IMPROVEMENTS AT VARIOUS LOCATIONS, SPECS. NO. 98-1 EXPLANATION On July 28, 1998, by Resolution No. 98-90, the City Council awarded a contract in the amount of $272,850.00 to MJC Construction Company for the Curb, Gutter, Sidewalk, and Pedestrian Ramp Improvements at Various Locations throughout the City. The work consisted of the following three Base Bid Schedules: Schedule Schedule Schedule "A": "C": Installation of Pedestrian Ramps. Installation of New Concrete Sidewalks. Removal and Replacement of Concrete Curbs, Gutters, and Sidewalks. On March 23, 1999, by Resolution No. 99-32, the City Council approved the Contract Change Order No. 1 to incorporate additional miscellaneous concrete improvements for an additional amount of $75,000.00. This made the total authorized project budget $347,850.00. On June 18, 1999 the work was completed. The work was inspected and found to be in accordance with the approved plans and specifications. The final project cost totals $337,948.08. Attached is the contract final pay estimate for the project. It lists the quantities actually constructed and indicates the increases from the original estimated quantities. Also attached is Change Order No 2 which described some extra work performed that is not covered by contract the unit prices. The work was performed to relocate a shallow private water lateral that was discovered under a dirt sidewalk while excavating to install the proposed 4" thick sidewalk. It is recommended that the project be accepted, Change Order No. 2 be approved, and a Notice of Completion be filed with County of San Diego. RESOLUTION NO.99 — 106 RESOLUTION OF THE CITY COUNCIL OF '1'HE CITY OF NATIONAL CITY ACCEPTING THE WORK AND AUTHORIZING 1HE FILING OF THE NOTICE OF COMPLETION, AND APPROVING CHANGE ORDER NO.2 FOR 1111E CURB, GUTTER, SIDEWALK, AND PEDESTRIAN RAMP IMPROVEMENTS AT VARIOUS LOCATIONS (SPECIFICATION NO. 98-1) BE IT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by MJC CONSTRUCTION, Engineering Department Specification No. 98-1, for the curb, gutter, sidewalk, and pedestrian ramp improvements at various locations has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. BE IT FURTHER RESOLVED that change Orders No. 2 is hereby approved. PASSED and ADOPTED this 27th day of July, 1999. ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor Contract Final Balance SPECIFICATION NO. : 98.1 PROJECT: Curbs, Gutters,Sidewalks, and Pedestrian Ramps Improvements TO: (CONTRACTOR) MJC Construction Co. You are hereby requested to comply with the following changes from the contract plans and the specifications. DATE: 7/14/1999 Project No.: 6134, 6137 Final Inspection Date: 6/22/1999 Completion Date: 7/27/1999 Page 1 ITEM NO. ITEM DESCRIPTION UNIT UNIT PRICE $ ORIGINAL CONTRACT INCREASE (+) DECREASE (-) TOTAL TO DATE QUA'TY AM'T $ QUA'TY AM'T $ QUA'T AM'T $ PEDESTRIAN RAMP INSTALLATION: Base Bid - Schedule "A" 1 Sidewalk & Walkway Removal&Replacement SF $ 5.00 1000 $ 5,000.00 0 $ 2 Deleted 3 Instal Pedestrain Ramps per G28, Type Al EA $ 890.00 100 $ 69,000.00 15 $ 10,350.00 115 $ 79,350.00 4 Install Pedestrian Ramps per G29 EA $ 700.00 60 $ 42,000.00 -43 $ (30,100.00) 17 $ 11,900.00 5 Install Pedestrian Ramps per G3lor Modified EA $ 490.00 35 $ 17,150.00 24 $ 11,760.00 59 $ 28,910.00 (with curb or Gravity Wall on P.L.) 6 6" or 8" Type "G" Curb and Gutter LF $ 18.50 500 $ 9,250.00 -125.5 $ (2,321.75) 374.5 $ 6,928.25 Removal and Replacement per G2 7 Deleted 8 Deleted 9 3" or 4" and Variable Thickness Asphalt Ton $ 200.00 5 $ 1,000.00 26.91 $ 5,382.00 31.91 $ 6,382.00 10 8" or 10" Crushed Misc. Base Material Ton $ 60.00 10 $ 600.00 12.73 $ 763.80 22.73 $ 1,363.80 11 Alley Apron per G-17 SF $ 8.00 1000 $ 8,000.00 5416 $ 43,328.00 6416 $ 51,328.00 12 Relocate Chain Link Fence LF $ 10.00 50 $ 500.00 -50 $ (500.00) 0 $ 13 Deleted 14 Storm Drain Warning Tile EA $ 50.00 10 $ 500.00 -10 $ (500.00) 0 $ Extra Work No. 1 Extra Replace copper water service E. 21 Street LS $ 1,500.00 Total Schedule "A" $ 153,000.00 1 $ 1,500.00 $ 39,662.05 1000 $ 5,000.00 1 $ 1,500.00 $ 192,662.06 Contract Final Balance SPECIFICATION NO. : 98.1 PROJECT: Curbs, Gutters,Sidewalks, and Pedestrian Ramps Improvements TO: (CONTRACTOR) MJC Construction Co. You are hereby requested to comply with the following changes from the contract plans and the specifications. ORIGINAL CONTRACT ITEM NO. ITEM DESCRIPTION UNIT UNIT PRICE QUA'TY AM'T $ DATE: 7/14/1999 Project No.: 6134, 6137 Final Inspection Date: 612211999 Completion Date: 7/27/1999 INCREASE (+) DECREASE (-) QUA'TY AM'T $ Page 2 TOTAL TO DATE QUA'T AM'T $ Base Bid: Schedule B - Sidewalk, Driveway Installation 1 Deleted 2 New 4" Concrete Sidewalk per G7 SF $ 4.25 10000 $ 42,500.00 -329.5 $ (1,400.37) 9670.5 $ 41,099.63 3 Deleted 4 Deleted 5 Deleted 6 Deleted 7 6' or 8" Type "G" Curb per G1 (New) LF $ 12.00 600 $ 7,200.00 -206 $ (2,472.00) 394 $ 4,728.00 8 Conc. Driveways & Driveways perG14-A/B SF $ 9.00 1000 $ 9,000.00 677.5 $ 6,097.50 1677.5 $ 15,097.50 9 Deleted 10 Deleted 11 Deleted 12 Relocate Chain Link Fence LF $ 10.00 100 $ 1,000.00 -1900 $ (1,000.00) 0 $ 13 Deleted 14 Storm Drain Warning Tile EA $ 50.00 10 $ 500.00 -10 $ (500.00) 0 $ Total Schedule "B" $ 60,200.00 $ 725.13 $ 60,925.13 Contract Final Balance SPECIFICATION NO. : 98.1 PROJECT: Curbs, Gutters,Sidewaiks, and Pedestrian Ramps Improvements TO: (CONTRACTOR) MJC Construction Co. You are hereby requested to comply with the following changes from the contract plans and the specifications. DATE: 711411999 Project No.: 6134, 6137 Final Inspection Date: 6/2211999 Completion Date: 7127/1999 Page 3 ITEM NO. ITEM DESCRIPTION UNIT UNIT PRICE ji ORIGINAL CONTRACT INCREASE (+) DECREASE (-) TOTAL TO DATE QUA'TY AM'T $ QUA'TY AM'T $ QUA'T AM'T $ Base Bid: Schedule C - Curb, Gutter, Sidewalk Removal and Replacement 1 Sidewalk Removal and Replacement per SF $ 4.25 8000 $ 34,000.00 8038 $ 34,161.50 16038 $ 68,161.50 G7 or walkway 2 Deleted 3 Deleted 4 Deleted 5 Deleted 6 6" or 8" Type "G" Curb and Gutter, LF $ 18.00 600 $ 10,800.00 -308 $ (5,544.00) 292 $ 5,256.00 Removal and Replacement per G2 7 6" or 8" Type "G" Curb per G-1 (New) LF $ 12.00 500 $ 6,000.00 -500 $ (6,000.00) 0 $ 8 Concrete Driveways and Driveways SF $ 10.00 500 $ 5,000.00 0 $ - 500 $ 5,000.00 Ramps per G14 NB 9 3" or 4" and variable Thickness A.C. Ton $ 200.00 2 $ 400.00 23.13 $ 4,626.00 25.13 $ 5,026.00 10 8' and 10" Crushed Misc. Base Material Ton $ 60.00 10 $ 600.00 5.29 $ 317.40 15.29 $ 917.40 11 Deleted 12 New Chain Link Fence (4 Ft) per M6 LF $ 40.00 50 $ 2,000.00 -50 $ (2,000.00) 0 $ 13 New Chain Link Gate (Double Swing) per M5 EA $ 350.00 1 $ 350.00 -1 $ (350.00) 0 $ 14 Storm Drain Warning Tile EA $ 50.00 10 $ 500.00 -10 $ (500.00) 0 $ Total Schedule "C" $ 59,650.00 $ 24,710.90 $ 84,360.90 Schedule 'A' $ 153,000.00 $ 39,662.05 $ 192,662.05 Schedule'B' $ 60,200.00 $ 725.13 $ 60,925.13 Schedule'C' $ 59,550.00 $ 24,710.90 $ 84,360.90 Total $ 272,850.00 $ 65,098.08 $ 337,948.08 Contract Final Balance Page 4 SPECIFICATION NO. : 98-1 PROJECT: Curbs, Gutters,Sidewalks, and Pedestrian Ramps Improvements DATE: 7/14/1999 Project No.: 6134, 6137 Final Inspection Date: 6/22/1999 Completion Date: 7/27/1999 TO: (CONTRACTOR) MJC Construction Co. The increased/decreased quantities in excess of 25% of the total cost are referenced in this document in the above bid items. The costs are all based upon the original contract unit price. The sum of $65,098.08 is hereby added to the total contract price, and the total adjusted contract price to date thereby is $337,948.08. The total time provided for completion in the contract is unchanged. This document shall become an amendment to the contract and all provisions of contract will apply thereto. The Contractor accepts this Final Balance as full compensation for additional work and any delay to the project caused by all of the Change Orders. Prepared by: Date: Accepted by: Date: Contractor's signature Title: Name Approved by: Date: City Engineer Resolution No. Date: CONTRACT CHANGE ORDER PAGE 1 OF 2 SPECIFICATION NO. : 98-1 DATE: 5/12/1999 PROJECT NO.: 6134, 6137 CHANGE ORDER NO.: 2 FINAL INSPECTION: 6/22/1999 COMPLETION DATE: 7/27/1999 PROJECT: Curbs, Gutters, Sidewalks, and Pedestrain Ramps Improvements TO: (CONTRACTOR): MJC Construction Co. YOU ARE HEREBY REQUESTED TO COMPLY WITH THE FOLLOWING CHANGES FROM THE CONTRACT PLANS AND SPECIFICATIONS: ITEM NO. DESCRIPTION OF CHANGES —QUANTITIES, UNITS, UNIT PRICES, CHANGES IN COMPLETION SCHEDULE, AND JUSTIFICATION. DECREASE IN CONTRACT PRICE INCREASE IN CONTRACT PRICE Base Bid 1 Schedule "A": Pedestrian Ramps Improvements Extra Work No. 1 along 21st Street $1,500.00 $1,500.00 Replace Copper Private Water Service on 21st Street Lump Sum Price @ $1500.00 Justification During excavation of a dirt sidewalk, an exsiting shallow private water lateral was discovered whitin the area between the fence and curb along 21st Street. The pipe had to be relocated in order to install the proposed 4 " thick concrete sidewalk. TOTAL THIS PAGE CONTRACT CHANGE ORDER PAGE 2 OF 2 SPECIFICATION NO. : 98-1 DATE: 5/12/1999 PROJECT NO.: 6134, 6137 CHANGE ORDER NO.: 2 FINAL INSPECTION: 6/22/1999 COMPLETION DATE: 7/27/1999 PROJECT: Curbs, Gutters, Sidewalks, and Pedestrain Ramps Improvements TO: (CONTRACTOR): MJC Construction Co. ORIGINAL CONTRACT PRICE: $272,850.00 CURRENT CONTRACT PRICE, AS ADJUSTED BY PREVIOUS CHANGES IS $336,448.08. THE SUM OF $1,500.00 IS HEREBY ADDED TO THE TOTAL CURRENT CONTRACT PRICE, AND TOTAL ADJUSTED CONTRACT PRICE TO DATE IS $337,948.08. THE TIME PROVIDED FOR COMPLETION IN THE CONTRACT IS UNCHANGED. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL PROVISIONS OF THE CONTRACT WILL APPLY HERETO. THE CONTRACTOR ACCEPTS THIS CHANGE ORDER AS FULL COMPENSATION FOR ADDITIONAL WORK AND ANY DELAY TO THE PROJECT CAUSED BY THIS CHANGE ORDER. THIS CHANGE ORDER WAS REQUIRED BY THE CITY. PREPARED BY: DIN DANESHFAR DATE: I, THE UNDERSIGNED CONTRACTOR, HAVE GIVEN CAREFUL CONSIDERATION TO THE CHANGES PROPOSED AND HEREBY AGREE, IF THIS PROPOSAL IS APPROVED, THAT WE WILL PROVIDE ALL EQUIPMENT, FURNISH ALL MATERIALS, EXCEPT AS MAY OTHERWISE BE NOTED ABOVE, AND PERFORM ALL SERVICES NECESSARY FOR THE WORK ABOVE SPECIFIED, AND WILL ACCEPT AS FULL PAYMENT THEREFORE THE PRICE SHOWN ABOVE. ACCEPTED BY: CONTRACTORS SIGNATURE NAME: APPROVED BY: APPROVED BY: CITY ENGINEER RESOLUTION NO. CITY MANAGER DATE: TITLE: DATE: DATE: DATE: RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on July 27, 1999, of the Curb. Gutter. Sidewalk., and Pedestrian Ramp Improvements at Various Locations. Work of improvement or portion of work of improvement under construction or alteration. on the premises located at Various Locations Street Address City State Zip Code The undersigned owns the following interest or estate in said property: N/A Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with MCJ CONSTRUCTION CO. Name of Original Contractor The following work and material were supplied: CARPENTER. CONCRETE LAYER SCRAPER LOADER, TRUCKS, CONCRETE, ASPHALT AND BASE MATERIALS General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: Dated: , 19 Joint tentants, tenants in common, or other owners Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 19 , at , California. Signature: GEORGE H. WATERS, MAYOR City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 07/27/99 AGENDA ITEM NO. (-ITEM TITLE WARRANT REGISTER #02 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION RATIFICATION OF WARRANT RE(GISTER #02 PER GOVERNMENT SECTION CODE 37208. Environmental Review N/A Financial Statement N/A Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $271,735.78 BOARD/COMMISSION RE OMME11DATION 475'-e TT,%,CHMENTS (Listed Below) 1. Warrant Register #02 2. Workman's Comp Register dated 7/16/99 6-4 dii(e4eat Resolution No. A-200 (Rev. 9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 27. 1999 AGENDA ITEM NO. 4 ITEM TITLE STREET TREE COMMITTEE MINUTES. PREPARED BY JIM RUIZ EXPLANATION. Please see attached minutes. DEPARTMENT PARKS & RECREATION Environmental Review xx N/A Financial Statement Replacement funds in 105-442-000-331 Account No STAFF RECOMMENDATION Approve minutes. BOARD/COMMISSION RECOMMENDATION Approve minutes. ATTACHMENTS (Listed Below) Minutes. Resolution No A-200 (Rev. 9/80) \ City of National City Parks & Recreation Department 140 East Twelfth Street, Suite A, National City, CA 91950-3312 (619) 336-4290 MINUTES OF STREET TREE COMMITTEE MEETING HELD ON JULY 15, 1999 Called to order at 2 pm. Present: Cesena, Keen, & Morales. Staff - Diaz. Excused: Schwitkis Removal requests: 1530 E. 20th St. Requests removal due to sidewalk damage, and messy sidewalk and power line instrusion. Recommend denial due to no visible sidewalk damage; city crew will trim tree. 2611 E. 1st St. Requests removal of bottlebrush due to sidewalk, curb and gutter damage. Recommend removal with no replacement due to lack of space. However committee recommends homeowner pay for replacement and plant tree in his yard or have tree planted in a city park. 2604 "L" Avenue. Requests removal of two trees due to sidewalk damage. Committee recommends removal with replacement and to have City repair sidewalk. 2126 "0" Avenue. Requests removal of tree due to sidewalk and curb damage. Committee recommends denial of request due to lack of damage and city crew to trim tree. 604 E. 4th Street. Requests removal of a hibiscus due to white fly. Committee recommends denial with city crew to trim tree. Bob Baker Chevrolet, 24th and A. Requests removal of 17 trees along 24th Street and "A" Avenue due to sidewalk, curb, and storage lot damage. Committee recommends removal of all trees due to damage; also recommend replacement trees be paid for by Baker Chevrolet with the replacement trees to be planted in city parks because of lack of space in existing parkway. Old Business: Committee asking the Mayor to appoint someone to the existing vacancy on the board. ® Recycled Paper