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HomeMy WebLinkAbout2001 12-18 CC AGENDA PKTaw, AGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - DECEMBER 18, 2001 - 6:00 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 CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF DECEMBER 4, 2001. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 12/18/01 PAGE 2 PRESENTATIONS National City's Involvement with Computer Literacy — Councilman Beauchamp Employee Introduction Program INTERVIEWS/APPOINTMENTS Traffic Safety Committee — Reappointment Serra Library Systems Board - Reappointment PUBLIC HEARING 1. Public Hearing: To solicit National City's residents' views and opinions regarding the Housing and Community Development needs of lower income residents. (Community Development Commission) 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 Council member, a staff member, or a member of the public. 2. Resolution No. 2001-193 Resolution of the City Council of the City of National City authorizing the City Council to declare an emergency for the repair and restoration of a residential property damaged by a sewage overflow. (Public Works) COUNCIL AGENDA 12/18/01 PAGE 3 CONSENT CALENDAR (cont.) 3. Resolution No. 2001-194 Resolution of the City Council of the City of National City authorizing the City Council to declare an emergency for the repair and restoration of four structures damaged by a sewage overflow. (Public Works) 4. Resolution No. 2001-195 A Resolution of the City Council of the City of National City affirming the decision of the Civil Service Commission in the matter of the appeal of Richard J. Edwords. (City Attorney) 5. Resolution No. 2001-196 A Resolution of the City Council of the City of National City declaring Ace Uniforms and Accessories the lowest responsive bidder and authorizing the Purchasing Agent to issue a purchase order for fifteen protective police vests. (Purchasing) 6. Resolution No. 2001-197 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Willdan for capacity improvements on Plaza Boulevard from Highland Avenue to Euclid Avenue. (Engineering Specification No. 99-9) (Public Works/Engineering) 7. Resolution No. 2001-198 A Resolution of the City Council of the City of National City scheduling a Public Hearing to consider the necessity of creating an underground utilities district (District No. 22) for the purpose of converting the overhead facilities along 8 h Street from 1-5 to National City Boulevard and Roosevelt Avenue from 8t' Street to Plaza Boulevard to underground facilities. (Public Works/Engineering) COUNCIL AGENDA 12/18/01 PAGE 4 CONSENT CALENDAR (cont.) 8. Resolution No. 2001-199 A Resolution of the City Council of the City of National City amending the Combined General Plan/Zoning Map. (Applicant: Pacfiic Commercial Management) (Case File Nos. GP-2001-2, ZC-2001-1) (Planning) 9. Resolution No. 2001-200 A Resolution of the City Council of the City of National City approving a Tentative Subdivision Map and Conditional Use Permit for six condominiums at 228 Palm Avenue. (Applicant: Venture One Mortgage Corporation/Carolino Investment Corporation) (Case File Nos. S-2001- 1/CUP-2000-7) (Planning) 10. WARRANT REGISTER NO. 23 (Finance) Ratification of Demands in the amount of $238,985.46. 11. WARRANT REGISTER NO. 24 (Finance) Ratification of Demands in the amount of $1,289,517.79. 12. Claim for Damages: Avis Marie White (City Clerk) NON CONSENT RESOLUTION 13. Resolution No. 2001-201 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Jeff Katz Architecture to perform architectural and engineering services for the main fire station project and to assist with the construction management of the project and authorizing a disbursement of $1,000,000 from a HUD Section 108 Loan to fund the facility. (PublicWorks/Engineering/Fire/CDC) COUNCIL AGENDA 12/18/01 PAGE 5 ORDINANCE FOR INTRODUCTION 14. An Ordinance of the City Council of the City of National City rezoning certain parcels of real property pursuant to the land use code. (Applicant: Pacific Commercial Management) (Case File Nos. GP-2001-2, ZC-2001-1) (Planning) NEW BUSINESS 15. Request to use the Community Center for a beginning teacher support and assessment program and waiver of building fees. (Public Works) 16. Temporary Use Permit — Westcott Mazda Kia-Used Vehicle Tent Sale. (Building & Safety) 17. Notice of Decision — Conditional Use Permit for a shopping center and a variance for less than required parking at the southeast corner of "N" Avenue and E. 8th Street. (Applicant: Luis Molina) (Case File Nos. CUP- 2001-16/Z-2001-13) (Planning) 18. Notice of Decision — Conditional Use Permit for an adult day health care facility at 540 National City Boulevard. (Applicant: Sabah Abro) (Case File No. CUP-2001-14) (Planning) —> CITY MANAGER — > CITY ATTORNEY — > OTHER STAFF COUNCIL AGENDA 12/18/01 PAGE 6 NEW BUSINESS (cont.) -� 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. CLOSED SESSION Conference with Legal Counsel — Pending Litigation Initiation of Litigation pursuant to Government Code Section 54956.9(c) (One potential case: Abandonment of MTDB/SD & AE rail line south from "F Street in Chula Vista) ADJOURNMENT Next Regular City Council Meeting — January 8, 2002 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 PRESENTATION National City's Involvement with Computer Literacy — Councilman Beauchamp City of National City Personnel Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE TO FROM Roger C. DeFratis, Pn1 ir SUBJECT EMPLOYEE INTROD TIOCCN.. PROGRAM December 11, 2001 Park Morse, Assistant City Manager 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. DEPARTMENT DIRECTOR EMPLOYEE/POSITION DATE OF HIRE Marylou Matienzo B. Ray Crawford/Parking Regulations Off. November 6, 2001 xc: Marylou Matienzo RCD:Im Employee Intro ® Recycled Paper Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor NOVEMBER 30, 2001 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: TRAFFIC SAFETY COMMITTEE Edward Smith's term on the above -subject board will expire December 31. He was appointed to complete a partial term and is requesting consideration for reappointment. If there are no objections, I recommend we reappoint Mr. Smith to the Traffic Safety Committee for a full term ending December 2003 . This item will be placed on the Council Agenda for the meeting of December 18, 2001. GEORGE 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 file and under consideration for one (I) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: 6 M t nH 127 EDWFIn (Last) Home Address: T', Planning Commission Port Commission Traffic Safety Committee t/ Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee Birth Date OCR//C,I (e$ (First) (Optional) /4-10.-T-Iot.1a-c C, ( C4 Telephone: Residence ( t14 4 7-7 d ( 1 ! ) Business/Work ( G /9 S t `7 -S 1. 2 4 ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 3(0 SAN DIEGO COUNTY? 2940 0 a .pen ARE YOU A REGISTERED VOTER: YES 5'6J"o `7 NATIONAL CITY? 5 NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: L/ YES: - (PLEASE ATTACH SEPARATE EXPLANATION) eat A ieesr I ORr Colleges attended and degrees held, if ally: CSUL 6 QS /3H Related Professional or Civic Experience: eriurh /3C z err arr,.re ,mace 644.t.p l.,I,._t (Col cryte, C4 ) Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: Cur rev1 y etho (t hr* o rte y e DATE: ll17 Ot YOUR SIGNATURE RETURN COMPLETED FORM 'I'O : CITY COUNCIL OF NATIONAL 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 DECEMBER 5, 2001 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: SERRA LIBRARY SYSTEMS BOARD Everett Dickson's term on the above -subject board will expire on January 31, 2002. He has served faithfully on the Serra Library Systems Board as of 1990 and is requesting consideration for reappointment. If there are no objections, I recommend we reappoint Mr. Dickson to the Serra Library Systems Board for a full term ending January 31, 2004 . This item will be placed on the Council Agenda for the meeting of December 18, 2001. GEORGE 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 file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WIIICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board L— Street Tree & Parkway Committee Project Area Committee Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee I - twww Name: DICK S 0 A/) E V F �i L T i v. Birth Date (Last) (First) Home Address: (Optional) '745 E . l`f 1 /-{ S 1. /141TI o4,4L CI"TX, CA Telephone: Residence ( (o .t. 9 " 2 to, - (Z y Zusiness/Work ( ) NUMBER OF YEARS OU HAVE LIVED IN: CALIFORNIA? 5& SAN DIEGO COUNTY? 55 NATIONAL CITY? 5 a ARE YOU A REGISTERED VOTER: YES YE-5 NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: NO YES: (PLEASE ATTACH SEPARATE EXPLANATION) ERILI1IM � n. Et..: .om ���,n; ;..i' ! 7 :.P."". Colleges attended and degrees held, if any: Related Professional or Civic Experience: S�tita� DLsr k & h/47-164.41.. s76Ec. sWpz3tic.,ozifr6 CO Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: /40ToCA- Ap DR4wx,vG ARC'c.A4M9 DATE: 0-61 DhC. 4'l YOUR SIGNATURE C/Y-'Gt�t/e -` 4-4"" L RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 City of National City COUNCIL AGENDA STATEMENT MEETING DATE: December 18. 2001 AGENDA ITEM NO. 1 ITEM TITLE: PUBLIC HEARING TO SOLICIT NATIONAL CITY'S RESIDENT'S VIEWS AND OPINIONS REGARDING THE MOUSING AND COMMUNITY DEVELOPMENT NEEDS OF LOWER INCOME RESIDENTS. PREPARED BY: Paul Desrochers, �� DEPARTMENT Community Development Commission Executive Director EXPLANATION: The purpose of today's public hearing is to receive input from the residents of National City regarding the housing and community development needs of lower income residents. This public hearing is required by HUD before the writing of the FY 2001-02 Consolidated Plan Annual Plan. A copy of the City's Citi- zen Participation Plan can be seen in Attachment #2 to this report. Each year the City completes a process to solicit and approve programs and projects eligible for federal funding. The Department of Housing and Urban Development (HUD) has informed the City that $1,425,000 in Community Development Block Grant (CDBG) and $699,000 in HOME Investment Part- nership Act (HOME) funds will be available for the Consolidated Plan program year 2002-03. In 2000, HUD Consolidated Plan regulations required the City to complete a new Five -Year Consoli- dated Plan and a One -Year Annual (Action) Plan. For FY 2002-03, the City will complete a new Annual Plan due to be released for 30 days of public review from March 1 through April 1, 2001. The City Coun- cil will review the Annual Plan at a Public Hearing tentatively scheduled for April 16, 2001. Environmental Review Financial Statement N/A X N/A STAFF RECOMMENDATION That the City Council conduct a Public Hearing to solicit public input regarding the housing and community development needs of lower income residents. BOARD/COMMISSION RECOMMENDATION N/A l ATTACHMENTS (Listed Below) 1. Proof of Publication 2. Citizen Participation Plan Resolution No. PROOF OF PUBLICATION This space is for the County Clerk's filing stamp. (2015.5 C.C.P) STATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principle clerk of the printer of THE STAR -NEWS, a newspaper of general circulation, published ONCE WEEKLY in the city of NATIONAL CITY and the South Bay Judicial District, county of San Diego, which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of April 23, 1951, Case Number 182529; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 11/23 all in the year 2001. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chula Vista, California 91910 this 23rd day of November 2001. Signature PRINCIPLE CLERK Proof of Publication of NC 13804 Public Notice: Funding Availability CITY OF NATIONAL CITY PUBLIC NOTICE FUNDING AVAILABILITY The City of National City is receiving proposals for 2002-2003 CDBG - and HOME programs through the Department of Hous- ing and Urban Develop- ment (HUD). The City will receive approximately $1,684,384,in CDBG and $735,440 in HOME.fund- ing. Community Develop- ment and Housing pro- posals that assist lower income persons or re- move slums and blight are encouraged to apply. Applications are available at the Community -Devel- opment Commission of- fice: 140 E. 12th Street, Suite k in National City. Applications may also be downloaded from our website at www. ci.national-city.ca.us. Ad- diional information can be obtained by contacting Angelica Macias at 619- 336-4255. Application deadline is January 14, NC13804 11/23L01 Attachment No. 1 Citizen Participation Plan HUD Consolidated Plan Year 2000 - 2005 PresenhSlt Shopm¢ the Future Community Development Commission of National City 140 East 12th Street, Suite B National City, CA 91950 (619) 336-4250 phone number (619) 336-4286 facsimile www.ci.national-city.ca.us Attachment No. 2 Citizen Participation Plan 2000 — 2005 Consolidated Plan TABLE OF CONTENTS Introduction 1 Citizen Participation Plan 3 Development of Consolidated Plan 3 Public Noticing of Consolidated Plan/Annual Action Plan 3 Public Hearing for Consolidated Plan 4 Consolidated Annual Performance and Evaluation Report (CAPER) 5 Amendments 5 Substantial Amendments 5 Re -allocation of funds 5 Amendments to Citizen Participation Plan 6 Access to Information 6 Availability to the Public 6 Access to Records 7 Technical Assistance 7 Complaints 7 City of National City Community Development Commission Page 2 of 7 Citizen Participation Plan 2000 — 2005 Consolidated Plan Introduction Every winter, the City of National City begins the application process for the federally funded CDBG and HOME programs. The City receives an annual allocation of funds from the Department of Housing and Urban Development (HUD). The actual amount of the allocations for both programs changes every year and depends heavily upon the amount of funds HUD is allocated from the Federal Budget. However, in the recent past, the sum of both allocations has been approximately $2 million each year. Citizen Participation Plan The City of National City's Citizen Participation Plan is developed in accordance with 42 U.S.C. 91.105 of the Housing and Community Development Act of 1974, as amended. This plan sets forth the policies and procedures that the City of National City will follow to encourage citizen participation in the Community Development Block Grant (CDBG) Program and the HOME Investment Partnership Act (HOME) Program. The Citizen Participation Plan will be followed through the 2000 — 2005 Consolidated Plan Process. The City of National City Community Development Commission (CDC) will utilize the following strategy to solicit meaningful community participation and input toward the development of the Consolidated Plan or Annual Action Plan, any substantial amendments to the Consolidated Plan/Annual Action Plan, and the Consolidated Annual Performance and Evaluation Report (CAPER). The guidelines established are designed to encourage participation by low — and moderate — income persons; particularly those who live in low — income neighborhoods, and in areas where CDBG and HOME funding is proposed to be utilized. The CDC is also the Housing Authority for National City and encourages persons who receive public housing assistance to participate in the consolidated planning process. Development of Consolidated Plan Public Noticing of Consolidated Plan/Annual Action Plan The public review period of the proposed Consolidated Plan/Annual Action Plan will be available for review for 30-days before the City of National City adopts the Plan/Annual Action Plan. The City will provide 10-days prior notice of the availability of the proposed document to citizens, public agencies and other interested parties. The following information will be included in the public notice: • Amount of funding assistance from Housing and Urban Development (HUD), the City expects to receive during next funding cycle, including program income. • The range of activities that may be undertaken, including the estimated amount that will benefit person of low- and moderate- income persons. City of National City Community Development Commission Page 3 of 7 Citizen Participation Plan 2000 — 2005 Consolidated Plan Residents affected by the Plan's implementation will have access to the City's Plans to minimize displacement and to assist those displaced, if any, as a result of the Plan's Activities. In all cases of displacement, the City will follow all regulations in HUD's Handbook 1378. The following identifies steps to minimize displacement: 1. Coordinate code enforcement with rehabilitation and housing assistance programs. 2. Stage rehabilitation of apartment units to allow tenants to remain in the building complex during and after rehabilitation, working with empty units first. 3. Arrange for facilities to house persons who must be relocated temporarily during rehabilitation. 4. Consider the use of Section 8 Vouchers and Certificates for displaced families. Public Hearing for Consolidated Plan The City Council will hold two public hearings every Consolidated Plan program year. The first public hearing will be held before the Consolidated Plan/Annual Plan is published for review, to hear the views of citizens regarding the needs of the community. The second public hearing will be held toward the completion of the 30-day public review period of the Consolidated Plan/Annual Plan. Public Noticing of the Public Hearings will be posted ten days prior to the hearing in The Star News, and posted at the following locations; National City Public Library and City Hall. City Council meetings are held on the first and third Tuesday of each month at 6:00 pm. City Hall is located at 1243 National City Boulevard, National City, CA 91950. The City Hall is ADA accessible. In addition to the public hearings, several public meetings will be held during the Consolidated Plan process with the National City resident advisory committee, the Housing and Community Development Committee (HCDC). The HCDC will review all proposed projects for potential CDBG and HOME funding and make recommendations to the City Council on their perspective of local priorities and how grant funds should be spent. The CDC will consider any and all comments or views of citizens received in writing, or orally at the public hearings and public meetings when preparing the final Consolidated Plan. A summary of any comments or views not accepted and the reasons therefore, shall be attached to the final consolidated plan. City of National City Community Development Commission Page 4 of 7 Citizen Participation Plan 2000 — 2005 Consolidated Plan Consolidated Annual Performance and Evaluation Report (CAPER) At the end of each fiscal year, the City of National City is required to review the City's progress toward meeting the goals and objectives that are set forth in the Consolidated Plan/Annual Action Plan. The CAPER Report is submitted to HUD's Regional Office for review in late September. As part of the City's review process, the CAPER is made available to citizens, public agencies and interested parties for a period of 15-days. A 10-day advance notice is provided to the public that the Report will be available for review. Citizens are encouraged to provide comment on the CAPER Report through written or oral comment during the 15-day review period. A summary of these comments or views shall be attached to the performance report and actions taken by the City to address the comments will be included in the CAPER. Amendments Substantial Amendments The City of National City determines that substantial amendments to the Consolidated Plan include a change of goals and or objectives in the Consolidated Plan, or Annual Action Plan. Ten days advanced notice of public hearings will be printed in The Star News, and public notices will be posted at City Hall and the National City Public Library. The public will be provided a 30 — day comment period to provide written or oral views on the substantial amendments. In addition, a public hearing will be held to hear citizen comments on the amendments. A summary of the comments or views, and a summary of any comments not accepted and the reasons therefore will be attached to the substantial amendment of the consolidated plan. Re -allocation of funds Amendments to the Consolidated Plan include the re -allocation of CDBG or HOME funds from one eligible activity to another. A 10-day advance notice of public hearings considering the re -allocation of CDBG or HOME funds will be printed in The Star News, and will be posted at City Hall and the National City Public Library. The City of National City will consider any written or oral comments from citizens at all public hearings, if any, and take into consideration public input regarding the re -allocation of funds. City of National City Community Development Commission Page 5 of 7 Citizen Participation Plan 2000 — 2005 Consolidated Plan Amendments to Citizen Participation Plan The City of National City encourages citizen comment on the Citizen Participation Plan and on any substantial amendments. The City of National City will provide citizens with a 10-day notice for the public to review the document. The amended Citizen Participation Plan will be made available for the public for 15 days. During that time, public comment both written and oral will be considered for the final draft of the Plan. Public comment will be attached to the document upon completion of the final document. Access to Information Availability to the Public The proposed Consolidated Plan, substantial amendments to the Consolidated Plan, and the CAPER Report will be made available to the public. Public access includes the availability of materials in a form accessible to persons with disabilities, upon request. In addition, bilingual staff is available to assist individuals who are non-English speaking. The Consolidated Plan/Annual Action Plan, the CAPER Report and substantial amendments to the Consolidated Plan will be made available for review at the following locations: • Community Development Commission —140 East 12th Street, Suite B • City Hall —1243 National City Boulevard, City Clerks Office • National City Public Library — 200 East 12th Street • City of National City Website — www.ci.national-city.ca.us Citizens, public agencies and interested parties may contact the CDBG Program Coordinator for further information or to provide comment at: Angelica Macias, Program Coordinator Community Development Commission 140 East 12th Street, Suite B National City, CA 91950 (619) 336 — 4264 E-mail address: amacias@ci.national-city.ca.us City of National City Community Development Commission Page 6 of 7 Citizen Participation Plan 2000 — 2005 Consolidated Plan Access to Records The CDC will ensure reasonable access to information and records related to the development of the Consolidated Plan process and to the expenditure of resources for programs funded by CDBG and HOME for the preceding five years. Copies of documents will be available for review at the Community Development Office located at 140 East 12th Street, Suite B, National City, CA 91950. Technical Assistance The CDBG Program Coordinator will provide technical assistance to citizens, public agencies or interested parties to develop funding requests for CDBG and HOME funds. Technical assistance for such individuals or groups includes helping them understand the program requirements, determination of eligible/ineligible activities, providing suggestions on structuring of new programs, and assistance with completing the grant request application. Complaints The CDC Staff will accept written and or oral comments/complaints relating to the Consolidated Plan process during the time that relates to each comment period noted above. The CDC Staff will make an effort to respond to every written citizen complaint within 15 business days where practicable. Complaints regarding the Consolidated Plan process, amendments to the Plan or the CAPER Report must include: 1. A description of the objection with supporting facts and data; and 2. Name, address, telephone number, and date of complaint. City of National City Community Development Commission Page 7 of 7 City of National City, California COUNCIL AGENDA STATEMENT .dEETING DATE December 18, 2001 2 AGENDA ITEM NO. ___ ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY COUNCIL TO DECLARE AN EMERGENCY FOR THE REPAIR AND RESTORATION OF A RESIDENTIAL PROPERTY DAMAGED BY A SEWER OVERFLOW PREPARED BY Joe Smith DEPARTMENT Public Works EXPLANATION On November 12, 2001, a residential property located at 2021 "K" Avenue was damaged by a sewer overflow, causing it to be uninhabitable. This overflow was caused by a blockage in the City's mainline sewer system. The property required water removal, disinfecting affected areas, removal and replacement of flooring, replacement of dry wall, and other miscellaneous repairs and painting to a laundry room, storage area, and garage. It was also necessary to relocate the residents to a hotel, while the disinfecting and water removal was being done. The restoration and repairs costs were completed for $15,120.58. In order to pay the above costs, it is necessary for the City Council to approve a Resolution declaring this an emergency in accordance with Section 13 of Ordinance No. 1480, National City Municipal Code. Environmental Review Financial Statement Funds are available in the followi . accounts: 125-422-222-710 /: STAFF RECOMMENDATI 125-422-222-299 Approved By: Fi ante I rector Account No. _. Approve Resolution for decla i•" of an emergency for the repair and restoration of the four structures damaged by the sewage overflow. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Memo dated November 12, 2001 Sewer Overflow Report 2. Memo dated December 3, 2001 listing costs for residential overflows RESOLUTION NO. 2001 -193 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY COUNCIL TO DECLARE AN EMERGENCY FOR THE REPAIR AND RESTORATION OF A RESIDENTIAL PROPERTY DAMAGED BY A SEWAGE OVERFLOW WHEREAS, on November 12, 2001, a residential property located at 2021 "K" Avenue was damaged by a sewer overflow, causing it to be uninhabitable; and WHEREAS, the property required water removal, disinfecting of affected areas, removal and replacement of flooring, replacement of dry wall, and other miscellaneous repairs and painting to a laundry room, storage area and garage, and the temporary relocation of the residents to a hotel during repairs; and WHEREAS, the restoration, repair and relocation costs were completed at a cost of $15,120.58; and WHEREAS, Section 2.60.230 of the National City Municipal Code provides that in case of an emergency that requires immediate purchase of supplies, materials, equipment or contractual services, the City Manager may authorize the Purchasing Agent to secure in the open market at the lowest obtainable price any supplies, materials, equipment or contractual services, regardless of the amount of the expenditure, provided, however, that any such expenditure in excess of Fifteen Thousand Dollars must be authorized by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City finds that due to the existence of the emergency situation described hereinabove, the public interest and necessity demands the expenditure of public money for the restoration and repairs for the residential property and the temporary relocation of the residents located at 2021 "K" Avenue. PASSED and ADOPTED this 18th day of December, 2001. ATTEST: George H. Waters, Mayor APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, DI City Attorney City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax (619) 336-4397 November 12, 2001 To: Burt Myers City Engineer/Public Works Director From: Joe Smith Wastewater Supervisor Subject: Sewer Overflow 2021 "K" Avenue On Saturday November 10, 2001, at approximately 10:00 A.M, the Sewer stand-by person, Ramon Canedo, was notified by the National City Police Department of a possible sewer overflow at the above address. When Mr. Canedo and his stand-by partner, Don Jasmund, arrived on -site, they found a grease stoppage in the City's mainline that services the property. The stand-by crew flushed the affected line, removing the blockage. The property was inspected for damage and pictures were taken of the affected areas. The property owner contacted me today, Monday November 12th, and informed me that he had called Edge Flood Service to extract the water and sterilize all effected areas. I then made contact with the flood service company to make arrangements for myself and all parties involved to meet at the property to survey the affected area. We found that only the garage and a small storage area were flooded. The clean up is under way now and once that is completed, the restoration will begin. Once I have received the estimates for the repairs, I will forward them to you. I have also placed the homeowner in the Red Lion Hotel, which I estimate will be for approximately one week. The homeowner was informed to maintain a list of any miscellaneous items that were damaged in the sewage overflow, and file a future claim for the damages with the City Clerk. A claim form was provided to him. Contractors: Tom, Edge Flood Service Mike, Red Lion Inn City 1-800-267-0989 619-336-1100 ® Recycled Paper City of National City Public Works Department 2100 Hoover Ave., National City, CA 91950-6599 (619) 336-4580 Fax: (619) 336-4597 December 3, 2001 To: Burt Myers City Engineer/Public Works Director From: Joe Smith Wastewater Supervisor Subject: Sewer Overflow 2021 "K" Avenue, National City This memo is to augment my report to you regarding an overflow at the above addresses. (See attached) The estimation for restoration, repair and accommodations are; • EDGE FLOOD SERVICE Remove water, disinfect and sanitize effected area Tom 1-800-267-0989 • TSC RESTORATION, INC Remove and repair any damage Edwin Hartwell 619 401-5990 • Red Lion 5109.00/Day + 15.90 Tax Hotel mom and essentials/1-WK Mike/Radisson Inn, National City 619-336-1100 Confim► II 7158-01 Israel Lazo Home•(619) 474-6932 Cell (619) 318-9101 $ 9952.07 $4321.21 $847.30 Estimated Total $ 15,120.58 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE _ December 18 2001 3 AGENDA ITEM NO. ( ITEM TITLE A RESOLUTION AUTHORIZING CITY COUNCIL TO DECLARE AN EMERGENCY FOR THE REPAIR AND RESTORATION OF FOUR STRUCTURES DAMAGED BY A SEWAGE OVERFLOW PREPARED BY Joe Smith EXPLANATION DEPARTMENT Public Works On November 15, 2001, four residential properties located at 709, 709-1/2, 715, and 715-1/2 "R" Avenue were damaged by a sewer overflow, causing them to be uninhabitable. This overflow was caused by debris placed into the manhole by vandalism. This created a blockage in the City's mainline sewer system. All properties required water removal, disinfecting affected areas, removal and replacement of flooring, replacement of dry wall, and other miscellaneous repairs and painting. It was also necessary to relocate the residents to a hotel, while the repairs were completed. The restoration and repairs costs were completed for approximately $40,000. In order to pay the above costs, it is necessary for the City Council to approve a Resolution declaring this an emergency in accordance with Section 13 of Ordinance No. 1480, National City Municipal Code. J Environmental Review N/A Financial Statement Funds are available in the followin STAFF RECOMMENDATION Approve Resolution for decl damaged by the sewage ove ow. counts: 125-422-222-710 Approved By: 125-422-222-299 Finance Di r for Account No. an mergy for the repair and restoration of the four structures BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Memo dated November 15, 2001 Sewer Overflow Report 2. Memo dated November 29, 2001 listing costs for residential overflows Resolution No. 2001-194 RESOLUTION NO. 2001 -194 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY COUNCIL TO DECLARE AN EMERGENCY FOR THE REPAIR AND RESTORATION OF FOUR STRUCTURES DAMAGED BY A SEWAGE OVERFLOW WHEREAS, on November 15, 2001, four residential strictures located at 709, 709- 1/2, 715 and 715-1/2 "R" Avenue were damaged by a sewer overflow, causing them to be uninhabitable; and WHEREAS, all four structures required water removal, disinfecting of affected areas, removal and replacement of flooring, replacement of dry wall, and other miscellaneous repairs and painting; and WHEREAS, the restoration and repair costs were completed at a cost of approximately $40,000; and WHEREAS, Section 2.60.230 of the National City Municipal Code provides that in case of an emergency which requires immediate purchase of supplies, materials, equipment or contractual services, the City Manager may authorize the Purchasing Agent to secure in the open market at the lowest obtainable price any supplies, materials, equipment or contractual services, regardless of the amount of the expenditure, provided, however, that any such expenditure in excess of Fifteen Thousand Dollars must be authorized by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City finds that due to the existence of the emergency situation described hereinabove, the public interest and necessity demands the expenditure of public money for the restoration and repairs for the four residential structures located at 709, 709-1/2, 715 and 715-1/2 "R" Avenue. PASSED and ADOPTED this 18m day of December, 2001. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax (619) 336-4397 November 15, 2001 To: Burt Myers City Engineer/Public Works Director From: Joe Smith Wastewater Supervisor Subject: Sewer Overflow 709, 709 1/2, 715, 715 72 "R" Avenue On Thursday November 15, 2001, at approximately 8:00 A.M Public Works was notified of a possible sewer overflow at the above address. The sewer crew arrived on -site and found a large amount of debris in the pipe that caused a grease stoppage in the City's mainline that services the property. The crew flushed the affected line, removing the blockages by 8:30 AM. We could not determine how the debris was introduced into the system. The property was inspected for damage and pictures were taken of the affected areas. Emergency Service was call and arrived on -site by 9:30 AM to extract the water and sterilize all affected areas. We found that only the garage and a small storage area were flooded. The clean up is under way now and once that is completed, the restoration will begin. Once I have received the estimates for the restoration and repairs, I will forward them to you. I have also made arrangements with the Red Lion Hotel should any of the homeowners need accommodations while the work is being done. The homeowners were informed to maintain a list of any miscellaneous items that were damaged in the sewage overflow, and file a future claim for the damages with the City Clerk. Claim forms were pervided to all parties. Contractors: Emergency Service Mike, Red Lion Inn 1-800-540-5532 619-336-1100 ® Recycled Paper \City of National City Public Works Department 2100 Hoover Ave., National City, CA 91950-6599 (619) 336-4580 Fax: (619) 336-4597 November 29, 2001 To: Burt Myers City Engineer/Public Works Director From: Joe Smith Wastewater Supervisor Subject: Sewer Overflow 700 BLK "R" Avenue, National City This memo is to augment my report to you regarding an overflow at the above addresses. (See attached) The estimation for restoration, repair and accommodations are; • EMERGENCY SERVICE 709 R $1344.30 Remove water, disinfect/sanitize 709 '/z $973.20 1-800-540-5532 715 R $938.10 715 'A $1186.40 $4,442.00 • IMMEDIATE RESPONSE Remove and repair any damage Charles Koleman 619 300-4226 P.W. Stephens Asbestos Removal Jim Lacy 858 270-9500 • Red Lion $109./Day + 15.90 Tx RM/Essentials/2 RMS 4-WK Mlke/ 619-336-1100 709 R $8526.97 709 %z $6169.78 715 R $6744.39 715 'A S3537.46 $24,978.60 709 R $800.00 709 %z $800.00 715 R $800.00 715 'A $250.00 $2650.00 $6994.40 Estimated Total $ $39,065.00 Citizen information; Benjamin & Grace Pena 709 "R" Avenue National City, CA 91950 619 477-1656 Mary Aiello & Gabriel Amador 709 ''A "R" Avenue National City, CA 91950 619 477-7737 Sergio, Socorro & Felicidad Ordonez Leo Santo Domingo 715 "R" Avenue 715 1/2 "R" Avenue National City, CA 91950 National City, CA 91950 619 474-3256 619 336-9548 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 18, 2001 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION AFFIRMING THE DECISION OF THE CIVIL SERVICE COMMISSION IN THE MATTER OF THE APPEAL OF RICHARD J. EDWORDS. PREPARED BY DEPARTMENT EXPLANATION RudolfHradecky, Esq. City Attorney p� This resolution will memorial i in writing the decision of the City Council made at the December 4, 2001 City Council meeting affirming the decision of the Civil Service Commission in the matter of the appeal of Firefighter Richard J. Edwords. ( Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. ___ STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No, 2001-195 Resolution RESOLUTION NO. 2001 - 195 RESOLUTION ON THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AFFIRMING THE DECISION OF THE CIVIL SERVICE COMMISSION IN THE MATTER OF THE APPEAL OF RICHARD J. EDWORDS WHEREAS, on September 11, 2001, in National City, California, a hearing was held by the Civil Service Commission of the City of National City upon the request of the appellant, Richard J. Edwords, pursuant to Government Code Section 54957, to consider his appeal of a demotion from Fire Engineer to Firefighter with the City of National City; and WHEREAS, after said hearing, the Civil Service Commission deliberated in private and thereafter rendered a written decision containing its FINDINGS and CONCLUSIONS AND RECOMMENDATIONS; and WHEREAS, the Civil Service Commission certified its findings and decision to the appellant Richard J. Edwords, the appointing authority, and to the City Council on September 28, 2001; and WHEREAS, a copy of the decision of the Civil Service Commission is attached hereto as Exhibit "A"; and WHEREAS, a written request for council review was timely filed with the Personnel Officer after the Commission had certified its findings and decision; and WHEREAS, the Personnel Officer thereafter had a transcript of the hearing before the Civil Service Commission prepared and distributed to the members of the Council, the appellant, and the appointing authority; and WHEREAS, a copy of the record of the proceedings before the Civil Service Commission, including said transcript of the testimony, copies of all documentary evidence and other exhibits were transmitted and made available to the City Council; and WHEREAS, at its regular meeting on December 4, 2001, the City Council then considered the Matter of the Appeal of Richard J. Edwords in open session pursuant to the request of his representative, Thomas Gill, Esq. under Government Code Section 54957, and thereafter deliberated upon said matter in closed session, made its findings and hereby announces through adoption of this Resolution in open session that the appeal has been denied. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Council makes the following findings: Resolution No. 2001 -195 December 18, 2001 Page 2 1. That the only issue before the City Council was whether or not the facts and circumstances surrounding the violations of the National City Civil Service Rules as described in the record of the Civil Service Hearing indicated that the decision of the Civil Service Commission should be affirmed, revoked or modified. 2. That appellant was employed by the City as a Fire Engineer with the National City Police Department. 3. That by the testimony and exhibits admitted, and the rulings of the Civil Service Commission, substantial evidence established that Richard J. Edwords, in violation of Department Regulations, had failed to perform at an expected level or standard in a responsible and timely manner, and that his conduct was unacceptable for an employee of his tenure. 3. That appellant committed the acts described above, and no evidence mitigates the seriousness of the violations. 4. That the nature and gravity of the violations is of the most compelling nature, requiring discipline by the Department in that appellant's performance of duty was unacceptable and therefore constitutes misconduct of substantial gravity and repetition to justify the discipline imposed. 5. That the aforementioned conduct of Richard J. Edwords constituted violations of the following Civil Service Rules: a) Rule VIII, Section 802(a). Violation of Department written policy and procedure. b) Rule VIII, Section 802(d). Incompetence, inefficiency or ineffectiveness in the performance of duty. c) Rule VIII, Section 802(h). Failure to perform at expected level or standard in a responsible and timely manner 7. That appellant Richard J. Edwords has been provided reasonable notice and opportunity to respond to the charges against him. 8. That all procedural and substantive requirements of the Civil Service Rules and National City Municipal Code Section 3.28.020 have been met. Resolution No. 2001 -195 December 18, 2001 Page 3 BE IT FURTHER RESOLVED that based on the above findings, the City Council orders that the Decision of the National City Civil Service Commission be affirmed as follows: That appellant Richard J. Edwords be terminated from his employment with the City of National City Fire Department. BE IT FURTHER RESOLVED that the time period within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, and shall commence to run from the date this notice of decision is mailed to him. BE IT FURTHER RESOLVED that the Secretary of the Civil Service Commission shall forthwith serve a certified copy of this Resolution upon the appellant, Richard J. Edwords, and execute a certificate of service to be kept with the official records of the City in connection therewith attesting to the date of service. PASSED and ADOPTED this 18th day of December, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney i EXHIBIT "A" Page 1 CITY OF NATIONAL CITY CIVIL SERVICE COMMISSION Statement of Findings and Decision IN THE MATTER OF TERMINATION RICHARD J. EDWORDS, FIREFIGHTER On September 11, 2001, the National City Civil Service Commission ("Commission") met at 5:30 p.m., and established a quorum pursuant to a Notice duly published to hear the appeal from termination in the matter of Firefighter Richard I. Edwords. The following parties were present: Commissioners: Appointing Authority Appointing Authority Representative: Appellant's Representative: Secretary to the Commission: Legal Advisor Appellant: Frank Pekarek Rita Heuss Georgia Guarano Stephen Torres Richard Hubbard Fire Chief Randy Kimble Tamara Smith, Esq. Thomas R. Gill, Esq. Roger DeFratis Rudolf Hradecky, Esq. Not present The record of proceedings applicable to this appeal shall reflect the following: 1. By letter dated February 20, 2001, appellant Richard J. Edwords was notified of his proposed termination from employment for violation of Civil Service Rules 802(a), (d) and (h) for unsafe and substandard performance of duty,. and failure to follow directions and procedure and his right to appeal the action. City Exhibit "A". 2. A "Skelly" hearing was scheduled for March 13, 2001, and on March 14, 2001, the decision to terminate was upheld. City Exhibit "B". 3. On March 19, 2001, a letter was sent by Mr. Edwords' agent Marcia Gascoigne stating that he was "incapacitated" and unable to make a choice whether to appeal to the Commission or not. The letter referred to a letter from Dr. Kalish dated February 22, 2001, that stated Edwords was "presently disabled from his uv!al and customary duties as a firefighter". Commission Exhibits 1 and 2, EXHIBIT "A" Page 2 Statement of Findings and Decision - Termination of Firefighter Richard J. Edwords Page Three On September 11, 2001, the Commission met. Attorney Gill then requested a further continuance of 30 days. Attorney Gill did not present any current medical documentation to substantiate his request for continuance. He represented that Mr. Edwords was still unable to assist him, and that he would update Dr. Kalish's letter of June 19, 2001, during the period of proposed additional continuance. The Appointing Authority's representative stated that she believed the previous medical report from Dr. Kalish is insufficient to establish that the appellant is still unable to participate in the appeal, and that further delays need not be allowed. Counsel also noted that this -was an administrative appeal and not a criminal defense case. The Commission was advised by its legal advisor, that because this is an administrative hearing, the appellant may appear through a representative and need not be present. Following argument by counsel for the Appointing Authority and the Appellant, the Commission ruled that the appeal hearing was to proceed The Appointing Authority announced it was ready to proceed Copies of the Adverse Action form with exhibits documenting the reasons for the discipline were made available to the Commission and marked as City Exhibit "A". Attorney Gill then announced he would participate no further, and asked that letters dated August 7, 2001 and July 26, 2001, and a letter dated June 19, 2001 be included in the record as Appellate exhibits. He thereupon exited the hearing and did not participate further. Copies of those exhibits are marked Appellant's Exhibits 1. Included also shall be Appellant's Exhibit 2 offered by Attorney Gill at the hearing of June 6, 2001. The Commission directed the Appointing Authority to proceed with its presentation. Captain Larry Beck and Platoon Commander Craig Potter were then sworn in and each testified about their observations of Firefighter Edwords' behavior, substantially as is set forth in their respective letters of February 15, 2001, which accompanied the Notice of Intention to Impose Disciplinary Action, dated February 20, 2001. A copy of that Notice was accepted into evidence as City Exhibit "A". Each affirmed that their observations are substantially as set forth in City Exhibit "A". Captain Beck further testified that he has known the appellant for many years, and that Edwords' behavior endangered himself, other firefighters and the public. He further stated that he felt some of Edwords' behavior was deliberate. Platoon Commander Potter stated that there was no place in the fire department for a person who demonstrated such unsafe and unsatisfactory performance and disregard for procedures and practice. Captain Beck testified that he had completed two performance appraisals on appellant, and that his performance had deteriorated and was completely lacking. He failed to follow basic standard operations on medical aids and was a danger to people he was treating. He could not take blood pressures correctly. He put an oxygen mask on an elderly patient upside down. Other crewmembers had to take over patient care from him. He would stand by at accidents in traffic, daydreaming. He would forget to bring tools with him causing delays at incidents. Statement of Findings and Decision - Termination of Firefighter Richard J. Edwords Page Four EXHIBIT "A" Page 3 Captain Beck met with Edwords on several occasions and counseled him on his performance. All of this is documented in his reports, and that there are between thirty to fifty repeated rule violations or safety infractions. Beck also testified that he referred Edwords to the Employees Assistance Program (EAP); Edwords told him "it wasn't worth going, it was a waste of his time." Beck then stated that he forwarded his report to Chief Kimble, which report is contained in City Exhibit "A". Battalion Commander Potter affirmed that he concurred with Captain Beck and reviewed the materials. He further- stated that he believed that Edwords should not return to the department because he poses a danger to himself, other crewmembers and the public. The Appointing Authority then rested its case, requesting that the decision to terminate be upheld. A copy of the Notice of Discipline, dated March 14, 2001, which upheld Richard J. Edwords' termination, was admitted as City Exhibit "B". City Exhibit "C" is the Notice of Hearing. The Commission directs that all correspondence pertaining to this discipline and termination be included in the administrative record. The Commission unanimously find as follows: 1. There is substantial evidence to support appellant's termination. 2. That Attorney Thomas R. Gill was designated by Richard J. Edwords as the appellant's legal representative in the matter of this appeal. 3. The appellant has had proper notice of the hearing and adequate opportunity to participate, and the withdrawal of his representative constitutes an election not to participate by representative or otherwise in the appeal. 4. Appellant's election not to participate in the hearing constitutes a waiver of his right to a hearing and to cross-examine evidence. The Conunission further certifies: • That substantial evidence justifies the termination of Firefighter Richard J. Edwords for violation of Civil Service Rule 802, Section (a), (d) and (h), and the termination is therefore affirmed. • That the requirements of National City Municipal Code Section 3.28.020 have been met; • That the appellant has been provided reasonable notice and adequate opportunity to respond to the charges and has forfeited the appeal; • That all requirements of the Civil Service Rules have been met. Dated: / - 2-9-- 01 , 2001. Frank it Pekarek, Chair National City Civil Service Commission EXHIBIT "A" Page 4 NOTICE TO APPELLANT RICHARD J. EDWORDS Pursuant to Civil Service. Rule 810, this decision is final unless you file a written request for a City Council review of this decision within fifteen (15) calendar days from the date this certified decision and notice was placed in the mail, addressed to you at your last known address on file in the City Personnel Department. Any request for review must be mailed to the Personnel Director, City of National City, 1243 National City Boulevard, National City, CA 91950-4301. You are further advised that you have ninety (90) calendar days from the. date this decision becomes final in which to file for judicial review pursuant to Code of Civil Procedure Section 1094.6 or be forever barred thereafter. City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE December 18, 2001 - AGENDA ITEM NO. 5 1-ITEM TITLE Resolution accepting the lowest responsive, responsible bid from Ace Uniforms and Accessories, and authorizing award of bid #GS0102-3 for 15 Police Protective Vests. PREPARED.BY Brenda E. Hodges(,11fi.EPARTMENT Purchasing EXPLANATION Request for Bids were issued for fifteen (15) Police Protective Vest and Tactical Plates. Bids were mailed to nine (9) vendors, netting five (5) responses. Bids were opened and read publicly on December 10, 2001 with no vendors present for the opening. The lowest responsive, responsible bid was received from Ace Uniforms and Accessories, in the amount of $15,729.94 including tax and delivery. Environmental Review ^ N/A Financial Statement Approved By: LLEBG (local law enforcement block grant) funds are available. Finance Direct 223-411-000-518-0000 Account No. STAFF RECOMMENDATION In concurrence with Captain Short, the Purchasing Agent recommends that th award be made to Ace Uniform and Accessories, and that authority be given to the Purchasing Agent to issue resulting purchase order. BOARD / COMMISSION RECOMMENDATION n/a ATTACHMENTS ( Listed Below ) Bid Abstract Resolution Resolution No. 20Q1-1i6 RESOLUTION NO. 2001 -196 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ACE UNIFORMS AND ACCESSORIES THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER FOR FIFTEEN PROTECTIVE POLICE VESTS WHEREAS, in open session on December 10, 2001, the Purchasing Agent of the City of National City publicly opened, examined and declared all sealed proposals or bids for fifteen protective police vests. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby rejects all said bids except that herein mentioned, and hereby awards the contract for fifteen protective police vests to the lowest responsive, responsible bidder, to wit: ACE UNIFORMS AND ACCESSORIES BE IT FURTHER RESOLVED by the City Council of the City of National City, that the Purchasing Agent is hereby authorized to issue on behalf of the City, a Purchase Order between Ace Uniforms and Accessories and the City of National City for fifteen protective police vests. PASSED and ADOPTED this 18th day of December, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney BID ABSTRACT #GS0102-3 12/12/01 ITEM #1 ITEM #2 PA BIDDER: VESTS PLATES SUBTOTAL TAX TOTAL TERMS DELIVERY CLAUSE Ace Uniforms 660.50 315.00 14,632.50 1,097.44 15,729.94 Net 30 25-45 Days Yes San Diego, CA Raven Industrial 844.45 333.30 17,666.25 1,324.97 18,991.22 Net 30 45 Days Yes Los Angeles, CA Botach Tactical 925.00 360.00 19,275.00 1,445.63 20,720.63 Net 30 6-8 Weeks No Los Angeles, CA Bohnen Marketing 900.00 600.00 22,500.00 1,687.50 24,187.50 Net 30 45 Days No Corona, CA Carmen's Uniforms No Bid No Bid Torrance, CA Becnel Uniforms No Response Los Angeles, CA Quartermaster Uniforms No Response Long Beach, CA Uniforms Inc. No Response Santa Ana, CA Cop Shopper No Response San Diego, CA City of National City, California COUNCIL AGENDA STATEMENT .MEETING DATE DECEMBER 18, 2001 AGENDA ITEM NO. 6 (-ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WILLDAN FOR CAPACITY IMPROVEMENTS ON PLAZA BOULEVARD FROM HIGHLAND AVENUE TO EUCLID AVENUE, SPEC. NO. 99-9 PREPARED BY Din Daneshfar EXPLANATION DEPARTMENT Public Works/Engineering See attached Report Environmental Review _X_ N/A Financial_.Statement $249,733 is available for this contract in Accounts Nos. 312-409-500-598-6569 and 307-409-500-598-6569. STAFF RECOMMENDATIO Adopt the Resolution 't orizing the Mayor to a ecute the agreement with Willdan for providing professional engineering services for capacity impr vements on Plaza Boulevard from Highland Avenue to the Euclid Avenue Approved By:/y_, i U/,ice Finance Dire Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Three original copies of the Agreement (signed by the consultant) Resolution No. 2001-197 EXPLANATION: On June 26, 2001, a Request for Qualifications was issued for providing preliminary engineering services for the Plaza Boulevard widening from Highland Avenue to Euclid Avenue project. The requested preliminary engineering services included the preliminary design, environmental documentation, and right-of-way services. On July 27, 2001, proposals were received from the following six (6) consulting firms: 1. BDS Engineering, Inc. 2. Dokken Engineering 3. Earth Tech 4. Excel Engineering 5. Project Design Consultant 6. Willdan Lemon Grove, CA 91945 San Diego, CA 92123 San Diego, CA 92131 Escondido, CA 92029 San Diego, Ca 92101 San Diego, CA 92123 A consultant selection committee was established consisting of Public Works/Engineering Staff. All of the proposals were evaluated and the top three (3) proposers were invited for an interview. Based on the results of the proposal evaluations and the interviews, Willdan was unanimously selected as the most qualified firm for this project. The selection was based on the firm's professional qualifications, experience, knowledge, staffing, past record and performance, and their approach to the project. After the selection of Willdan was made, the City entered into negotiations with Willdan to determine the scope of work, schedule and associated fee. It was determined that the project should be accomplished in the following four phases. Phase I - Preliminary Engineering (20%) and initial Right -of -Way and Environmental Documents Phase II - Remaining portion of the Preliminary Engineering including Right -of -Way and Environmental Documents Phase III - Final Design Phase IV - Design Support During Construction The contract before Council for approval is for Phase I of the project. In summary, during the first Phase of the project Willdan will consider various design alternatives to increase the capacity of Plaza Boulevard between Highland Avenue and Euclid Avenue. For each alternative the pros and cons with respect to capacity, pedestrians, business and residence impacts, environmental issues, and right of way impacts will be evaluated. As the result of phase one, the most desirable improvement for this section of Plaza Boulevard will be identified. The public will be involved in the alternative selection process through the use of workshops. The City will then enter into negotiations with Willdan to determine the scope of work, schedule and fee for phase II of the project. For more detailed review of the scope of work for phase I, please see Exhibit B of the attached contract. The total cost of this project including design and construction is estimated at approximately $9,000,000. This project is funded through a competitive grant received by the City, awarded by SANDAG and administered through Caltrans. The fee negotiated with Willdan for phase I of the work is $249,773. RESOLUTION NO. 2001 —197 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WILLDAN FOR CAPACITY IMPROVEMENTS ON PLAZA BOULEVARD FROM HIGHLAND AVENUE TO EUCLID AVENUE (Engineering Specification No. 99-9) WHEREAS, the City desires to employ a consultant to provide professional engineering services for widening of Plaza Boulevard from Highland Avenue to Euclid Avenue; and WHEREAS, the City has determined that Willdan is qualified by experience and ability to perform the services desired by the City, and Willdan is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Willdan to provide professional engineering services for widening of Plaza Boulevard from Highland Avenue to Euclid Avenue. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1e day of December, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney OFGINAL AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WILLDAN THIS AGREEMENT is entered into this 18th day of December, 2001 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Willdan (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide professional engineering services for widening of Plaza Boulevard from Highland Avenue to Euclid Avenue as described in Exhibit "A" (Location and Description of the Project). 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 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 CONTRACTOR shall appear at meetings cited in Exhibit "B" 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. Revised 52000 3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar hereby is designated as the Project Manager 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. Sunnie House 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 described in Exhibit `B" shall not exceed the schedule given in Exhibit "C" (the Base amount) without prior written authorization from the City's Project Coordinator. 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 `B" 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 "D". The schedule shall be effective from the date of this agreement. 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. 2 Revised 5/2000 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, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms 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 applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of 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 3 Revised 5/2000 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 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. 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 CONTRACTOR 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 4 Revised 5/2000 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 appointed 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, in any way resulting from or arising out of the CONTRACTOR's negligent acts, errors or omissions or other wrongful conduct in its performance of this Agreement. 1.5. 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, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 5 Revised 5/2000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $2,000,000 combined single limit per occurrence and annual 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 CITY, its officers, employees, and appointed 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 ten (10) days if cancellation is for non- payment of premiums. 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. 6 Revised 5a000 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 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 7 Revised 5n000 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: Burton S. Myers Acting Public Works Director/City Engineer City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Sunnie House Willdan 9275 Sky Park Ct. # 110 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of 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 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 8 Revised 5/2000 National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall he 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. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes (The following Exhibits will be attached to the final Contract Agreement for execution): Exhibit "A"- Location and Descriftion of the project Exhibit `B"- Scope of Work Exhibit "C"- Cost Proposal Exhibit "D"- Project Schedule Exhibit "E"- Work to be done by the City Exhibit "F"-Disadvantaged Business Enterprises (DBE) Contractor Contract requirements Exhibit "G"- Title 49, Code of Federal Regulations, Part 29, Debarment and Suspenstion Certification Exhibit "H"- Certification of Contractor Exhibit "I"- Certification of City 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. 9 Revised 5/2000 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 parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney (Two signa required) Senior Vice President (Title) 10 Revised 92000 Exhibit A Location and Description of Project The project is located in the City of National City, County of San Diego, California, on Plaza Boulevard between Highland Avenue and Euclid Avenue. The project consists of preparing a corridor analysis report, preliminary design, environmental documents, final design, and cost estimates for the widening of Plaza Boulevard. The project will also include processing, and obtaining approval of environmental document by Caltrans. LW 1XEGO BAT air OF = mw DECO aryO SW DIE arr OF AWAOAfK air air OF CHULA VISTA DIVISION iAZA R air of WI WEGO rALIEr RO. jaffifs..... tiv Eton ST.r LISP/ sr. %fIC sr F ALLESNINT ST. 4 UNCOIN ACRES gpMPOR ORAIEO CRT OF air CRY OF CHOU VISTA VICINITY MAP NO SCALE CRY OF WI DEW MIGUEL ror w sort ATTACHMENT 1 LEFT-TUgm idiAl;:(TyR) VOIDENII.16 (TyP.) PLAZA BOULEVARD REGIONAL ARTERIAL SYSTEM SCALE. I, =6OCY ATTACIDIENT 2 Exhibit B Scope of Work Plaza Boulevard Widening Project Phase I Preliminary Engineering and Environmental Document The following is a detailed description of the proposed scope of work for Phase I of the project. Phase I consists of two major tasks, (Task I) Corridor Analysis and 20% preliminary engineering, (Task II) Environmental Document and the balance of preliminary engineering. Exhibit B consists of the fee proposal for Task I of the project for the entire Willdan Team. Once the alternative alignments and improvements are developed under Task I and there is a better understanding of what will be implemented for improvement, Consultant will be able to better determine the level of effort and the engineering fee required for Task II under Phase I. Task I, Corridor Analysis Report and 20% Preliminary Engineering The following subtasks will be performed under this task. Subtask 1, Kick off meeting — The Willdan Team will meet with the City staff to determine the project parameters and goals. During this meeting a mission statement will be developed for the project, which will be the basis for developing the improvement alternatives. Subtask 2, Data Collection — The Willdan Team will collect all applicable data related to this project. Some of this data will be provided by the City. The remaining will be collected from other sources such as Caltrans and SANDAG. Data provided by the City: • As-builts • GIS information • Sewer line data • Existing studies including the most recent traffic study by KOA • Existing ADT • Existing turn volumes • Accident records • Speed survey • Right-of-way maps • Land use and circulation element from general plan • Utility plans • Hazardous materials report • Signal and timing plan • Electronic title block for City of National City plans • Design standards • Funding application form used to secure the project funds Plaza Blvd. Project Cnnnn of IA/nrk Page 1 December 3, 2001 • Contact information for businesses and owners along the corridor Data collected by Willdan Team • Pedestrian and bicycle counts • Truck volumes • Existing and future bus routes within the study area • Future ADT (2020) and turn volumes (from SANDAG) • Interchange as-builts (from Caltrans) • Interchange counts and turn volumes (from Caltrans) • Future freeway and interchange improvement plans (from Caltrans) • Existing utility information (utility companies) Subtask 3, Surveying and Mapping — In order to develop alignments and geometric drawings for the various alternatives, digitized topographic mapping will be necessary. In addition, information regarding roadway widths, roadway configurations, and topography will be necessary in order to clearly determine the impacts of the project. This need is even greater during the final design of the project. Therefore, in order to save time and increase the efficiency and accuracy of the design, 3-dimensional topographic mapping will be prepared in this phase of the project. This mapping will be used in Task I and II of Phase I as well as in Phase II (Final Design Phase). The scope of work for this task will consist of the following: • Set aerial targets • Establish 1st order GPS coordinates • Run levels through targets • Survey Plaza Blvd., 1-805, side street centerlines • Establish existing rights -of -way, prepare R/W base map • Perform miscellaneous topographic surveys of obscured areas • Photogrammetry, aerial mapping, color photo enlargement for public presentations This effort does not include establishment of permanent project controls or records of survey. The design will be based on aerial topographic maps. Aerial targets will be used as temporary project controls. Subtask 4, Public Involvement Plan — Plaza Boulevard, within the project limits, is a very busy corridor with numerous businesses along the corridor and a residential community beyond its limits. Any improvement to this corridor may have temporary and permanent impacts on the businesses and the surrounding community. Therefore, it is important for the community to be involved in the planning and design process by having opportunities to hear about the proposed improvements and to be able to provide input. In order to accomplish this, a Citizens Advisory Committee will be formed for this project. This committee will include members from the City and any other pertinent stakeholder. The City staff will assist in identifying the desired members of this committee. Plaza Blvd. Project Page 2 December 3, 2001 Scope of Work Consultant will schedule periodic meetings with the Committee to inform them of the project progress and the alternatives developed and to get input from the committee. A maximum of three meetings are anticipated with this committee. The public involvement plan will also include one public workshop during Task I of the Phase I of the project where the proposed alternatives and their impacts can be shared with the community. Subtask 5, Problem Definition — Based on the review of the current data gathered, Consultant will define the deficiencies in the existing corridor and identify problem areas that need to be analyzed. Subtask 6, Traffic Corridor Analysis — Based on the data gathered, a thorough analysis of the Plaza Boulevard Corridor would be conducted. This task will include the following: a. Refine Traffic Forecast Model — Consultant will obtain the future ADTs and turn volumes from SANDAG based on the model run by SANDAG. The SANDAG model includes certain land use plan and circulation element for the project area. In order to confirm the accuracy of the future segment and turn volumes, the land use plan and circulation element will be compared to the plans from the City's General Plan. If any differences are identified, Consultant will work with SANDAG to have them update and run the model in order to obtain accurate future traffic volumes. b. Conduct Traffic Analysis — Based on the confirmed traffic volumes for the segments and turn movements, Consultant will conduct a capacity analysis for the corridor segments and intersections. This includes a level of service analysis for the intersections as well as a safety analysis for pedestrians, bicyclists, trucks, and emergency vehicles. Through this analysis, Consultant will identify geometric and traffic improvement measures that will increase the capacity of the corridor. A variety of measures may be considered including raised medians, intersections closures, intersection and segment widening, signal modifications, driveway modifications, etc. Up to three (3) alternative proposals will be investigated. c. Develop Construction Traffic Management and Access Plan — Consultant will prepare conceptual traffic management and access plan for plaza Boulevard, which provides an efficient and safe movement of motorists, bikers, and pedestrians within the construction area. The goal of the traffic management plan is to minimize the project construction impact on the traveling motorist and access interruption for adjacent businesses. It is envisioned that the traffic management concept plan will be prepared for the preferred alternative only and shall be incorporated as part of the Traffic Corridor Report. Plaza Blvd. Project Page 3 December 3, 2001 Subtask 7, Develop Preliminary Engineering Plans (20% level) — a. Develop Alternative Geometric Plans — Consultant will prepare preliminary geometric plans for each alternative improvement in order to determine the project impacts and order of magnitude costs. The preliminary engineering plans (20% level) will be based on the aerial topography map obtained in an earlier subtask and will include the following: • Existing and proposed typical cross sections • Layout plans for proposed improvements. • Proposed lane configurations • Existing topography utilities, driveways and property lines • Conceptual locations for proposed retaining walls • Existing and proposed drainage structures • Preliminary right-of-way needs both permanent and construction right -of way • Existing and proposed median islands and parkways Up to three (3) alternative concepts will be developed based on the proposed traffic enhancement measures. Once the alternative alignments and improvements are developed, a meeting will be scheduled with the advisory committee to discuss the alternatives and to receive input. b. Develop Construction Cost Estimate — Rough order of magnitude cost estimates will be prepared for each analyzed alternative (up to three) to ensure that the City's budgetary goals are met and that the recommended alternative is a cost effective solution. Subtask 8, Environmental Document — This subtask is initiated with the preparation of the Preliminary Environmental Constraints Analysis, which serves as a cursory analysis of the environmental impacts for each alternative. This subtask is further continued in Task II in order to complete the environmental documents for CEQA and NEPA compliance. Preliminary Environmental Constraints Analysis — During Task I, an assessment of environmental constraints will be conducted for each proposed alternative to identify potential impacts of the various alternatives. The Analysis will identify potential constraints, discuss environmental issues related to each of the alternatives, identify conceptual mitigation scenarios and estimate a cost range for mitigation. The objective of the Constraints Analysis will be to provide a comparison of the relative merits of the alternatives. A matrix will be included to facilitate the comparison. Some of the impacts that may be considered will include: land use, noise, traffic circulation and access, air quality, hazardous materials, water quality, visual/aesthetic issues, and socioeconomic issues. The analysis conducted in Task I, under this subtask, will be folded into the environmental document that will be prepared under Task II. Plaza Blvd. Project Page 4 December 3, 2001 Scope of Work Subtask 9, Right -of -Way Impact Analysis — A preliminary analysis of the right- of-way impacts will be conducted for each proposed alternative (up to three). This analysis will be necessary as part of identifying the environmental and socioeconomic impacts and for developing an order of magnitude cost estimate. Consultant will develop estimated land value for partial or full takes for each alternative based on the geometric conceptual alignments developed in this phase. It is assumed that the number of properties affected will be less than ten (10). This analysis will be further refined in Task II, once the alternative improvements have been identified and studied in more detail. Subtask 10, Soils Investigations — Consultant will prepare a Preliminary Geotechnical Reconnaissance Report and a Phase I Environmental Assessment Report for the proposed Plaza Boulevard project. These reports are further described as follows: a. Preliminary Geotechnical Reconnaissance — The purpose of the preliminary geotechnical reconnaissance will be to gather existing geotechnical data and limited information on the subgrade to provide the Consultant with an estimate of the likely pavement section that will be used in the Consultant's conceptual construction cost for the pavement portion of the project. This reconnaissance study will be incorporated into the planning and final analysis for the geotechnical design level study for the project. This report will include the following components: • A desk -top study review of existing geotechnicaVgeologic data • A brief site reconnaissance with limited soil sampling of the typical shallow subgrade soils adjacent to the existing alignment in four to six locations • Limited soil testing to make a preliminary evaluation of subgrade support capacity • A preliminary visual condition survey of the existing pavement • Preparation of a report summarizing the findings and preliminary conclusions regarding the anticipated pavement section for Plaza Boulevard based on the design traffic index. a. Phase I Environmental Assessment Report — This report will be a modified study from the typical Phase I environmental site assessment (ASTM E 1527- 00 "Standard Practice for Environmental Site Assessments, Phase I Environmental Site Assessment Process") in the respect that it will cover the provided alignment instead of a specific site. The purpose of the Phase I Environmental Site Assessment Study is to review the exiting hazardous materials release records with a site walk so that the potential impact for hazardous materials can be evaluated in the early stages of the project. In this way, the Consultant can evaluate what areas of the project have known (or are highly suspected to have had) hazardous releases so that this information can be reviewed and further assessed during the preliminary engineering construction cost phase of the project, especially with respect to the property acquisition for right-of-way. Plaza Blvd. Project Page 5 December 3, 2001 Based on a preliminary site visit and the presence of DOH storage drums with standard environmental sampling markings, it is expected that at leasttwo properties bordering Plaza Boulevard would require an analysis. These properties have had potential hazardous materials conditions in the past. The Phase I study will also be used in the evaluation and planning of further design -level hazardous waste studies during the final design phase, should the Phase I study indicate they are warranted. Subtask 11, Utility Investigation — Consultant will determine the location of all above and below -ground utilities and will take into consideration any impacts on these utilities resulting from the proposed improvements. The level of effort for this task will be adequate to determine an order of magnitude cost for any required utility relocation (if the City is responsible). This work will be further refined in Task II as the alternative improvements are identified and more detailed preliminary plans are prepared. This task consists of identification of dry and wet utilities along the corridor. Dry Utilities — These types of utilities consist of but are not limited to power, telephone, gas, cable, etc. Wet Utilities — These types of facilities consist of drainage facilities and water and sewer lines. The following subtasks will be performed during Task 1. • Request and evaluate local utility company's existing overhead and underground utility records. • Perform field review to locate and identify existing utility facilities located within and adjacent to the project site. • Prepare preliminary utility system base plans identifying the location and the composition of existing utility facilities. • Provide direct coordination with the City, applicable public agencies, and utility companies. Subtask 12, Prepare Corridor Analysis Report — The Corridor Analysis Report will include a description of the traffic analysis, the proposed alternatives and their impacts, and a summary of the public involvement process. This report will also include recommendations for improvements that should be carried into Task II for this project. The Corridor Analysis Report will become part of the environmental document under Task II. The report will be submitted for review by the City and Caltrans staff. Once the comments are incorporated, the report will be presented to the Advisory Committee before it is finalized and submitted to the City Council for approval. Subtask 13, Project Management — This subtask will include project coordination during Task I, attending meetings with various City department, Caltrans, and other groups, preparing meeting agendas and minutes, preparing Plaza Blvd. Project Page 6 December 3, 2001 Scope of Work monthly progress reports, preparing and tracking the project schedule and budget, quality control efforts, and other administrative duties performed by the Project Manager and the Consultant Team. A project schedule will be developed for Task 1 of Phase I using Microsoft Project. The schedule will track all the subtasks outlined above and will be resource loaded to allow the City to review the project progress. The updated project schedule will be submitted with the progress report on a monthly basis. Agenda and minutes of meetings will be prepared for meetings with the City, Caltrans, Advisory Committee, and other agencies and will be distributed among the attendees. Task II Remaining Preliminary Engineering Plans and Environmental Document After receiving approval from the City Council, Consultant will enter into negotiations with the City to determine the detailed scope of work and fee estimate for completing the balance of the remainder of the preliminary engineering work and for preparing the environmental clearance documents for the project. The level of effort for this task is dependant on the type of improvements that are recommended and approved and the level of impact they will have on the environment. Therefore, a fee proposal cannot be estimated until such time that Task I, described above, is completed. Plaza Blvd. Project �cMe-of Work Page 7 December 3, 2001 EXHIBIT C !Ci nit-/rO„f $,,,pU,(Ii;' ll'U)'h,111'1I FIRM Wllidan Team Project No. Date 11/28/01 PROJECT: Plaza Blvd. Project _ i•. 1 xtit, i 'S a✓ l� t K,w. y 'L` � FF�--i„ n WILLDAN AGIIIRRE6ASSOCIATES KLEMFELDER PROFESSIONAL CONSULTING GROUP Dl1DIX8ASSOCIATES WI6pANS6WltlETT INC TOTAL ^if S 1i^5' 1*** 1 i �crvi}2 }.1 'S� Y Frf"1 y1:1 �1.1 .1'f4� , r 4l! {,-(l,• �..5 t n .f. '.p1i ''�J 1a I1 �„` , w h rr[ ti tit �,, ;.i ,rt1r .:: Plrl- .i,: 1 'F f41} -', l,.n.{ x .'il . a,'{'- y vYl t' -a: Y •,i. i y� ,B„ _ f .°ik902-_. r kt•. MT 1 �w�'-..,q ^ f 3 J.. 46 4 S 3 - --"-' f - ---- 22 3 7B8 6 - S 248 60 ! - 1002 1003 [SurveyM9snd pate CaWetbn - S 1.176 S 3 384 Mapping- -_ - -- - - 6 f 295 S 378 $ 11.638 5 - 3 - - f • $ • 86 36 Su01u_k4 4 PM (Publiclnvdvomenl Plan -- 68 3 3,359 $ 1.538S $ $ - f - 3 3 $ 5 - $ 3 4 5 165 51?03 S1! 351 $3_149 Sabtask5 . 1005 'Problem Definition 32 $ $ E • lOB Refine -calf¢ Forecast Modal 108 f 3,149 3 - E 3 $• 5•_ - 240 - 55.367 , _ b. Conduct Traffic Analysis -_ _ 210 f Q,357 $ f 3 S - f S 78 $2.8I5 �ic�Dewlop Ccl,aw0ton Tfal9c Management Plan PrsllnInary Engineering Plans(20%) 78 378 f 2,815 E 11,465 - $ • $ • f S - f - $ $ S - 378 311,465 Subarea/ lI _ - - l 1007 Thevelop 3 - S • -- 3 5 $ $ 208 55,954 la. Daveip AltemeE78M1 GeomPlena 208 i 5,954 S -. - $ $ $ 826 170 4 55,511 55.000 31_648 .- 10. Dewb0 Cor'.d ucton Coat E616uN 170 $ 5.511 3 3 $ - $ f f $ 120 $ f 4,124 13B BubNeke 1008 PnOminey F4nvtronmMW Constraints Analysis 18 $ 885 f _ - 38 9ubNakB I 1009 RIBMN-Way impact Mayas 1B _$ E 621 5 • $ 3 - 98 S - $ 2,510 S S 3 - f $ 20 S 110 _ - - 33,C50 38,349 1010 1101anfous Waste & 0eolecnnleal Investigation 12 $ 537 SUMaek 10 5 • 85 E 4,060 $ S tea 8ubtaak11 I Sublask12 1011 U1611ylnveedg9tlan 82 $ 2,289 f $ S $ $ $ $ - $ $ 3 68 52.886 _$16_337 36,886 Prepare Conkkr Analysis Report 88 S 2,889 1012 1019 Prafeet Manor/man!(subtoW) 274 $ 12,749 3 B S 278 13 $ 501 3 - 93 5 4,397 10 5 413 396 Subtask13 4 $ 165 150 Prefect Maelings _ 120 $ 5,293 $ - 3 - 6 2 $ $ 291 S 77 $ $ 5 20 20 S 896 3 943 $ 100 $4.646 -- Project Coordlnatcn 72 28 $ 3,349 $ 1,285 5 6 5 - $ 278 $ B $ 307 4 $ 185 3 83 40 - $1757 - - L. POW Meaen9(1) __-..---'- S $ - 116 S 25 S I,238 2 70 33.512 _ Promo Management 40 $ 2.108 $ 527 $ 5 - $ f - 3 2 $ $ 77 S - 20 $ 943 E 1777 32 $1.547 r O,arry Control 10 2272 553440 f 83.440 TOTALS 1402 $ 52,835 $ 335 3 11,952 115 3 3,174 89 $ 1080 641 f 9,883 43 $ 1 ALL hourly a lours) 1t i $ 52,e85 1 -. Yf I 11,982 _ >� f 3174 T' - T " 3 4,080 j i ' 3 9,583 3 1,777 920% 1 f z 71* ierz'dli::'. $ Direct Cost (unburdened a s 159% a 7 l7 120% 1 -.• ' ' 165%'' cam,; - 156% - _ Pkm'eOwrhsad RaN , $ 84,087 $ 14.354 nht; .; f 6,220 -_ t .128,442 � 211,9a3 OvelMad Cost Subtotal Direct Coal r $ 198,871 -. f 26,318 9,394 10% tar F i; f 10710 a O ( �'_r` •t r j $ 24,532 p ` H„ $ 3,909 0 ,, Y 1 lox $ 21,188 10% r 10% 'S .. n -. la at Prollt Profit , i $ 13,a97 +,- fi' f 2 a32 '1...r r $ 4 • -, $ 1079 2,463 r, 391 $ 1,200 f 5,500 y� I $- 5 18.702 f 249,773J Other Direct Cost ti , $ 1,3a5 f 11,125 . f 1 632 � $ 1180 ' �' f w ,M _ 4.,, ' TWa1C0al y n T� - f 152,033 w _,. • f 40,073 r, R •. $ 12,165 `F�' F..4 $ 13016 1�-.:_,. : a 26.9a6 .' Firm: Cost Proposal Plaza Blvd. Project Phase I - Corridor Analysis Report Willdan Labor Classification Name Hours I Rate Total Project Manager 255 $52.65 $ 13,426 DM Public Works 183 $47.39 $ 8,672 DM Traffic 203 $47.39 $ 9,620 Des Eng. II 379 $29.84 $ 11,309 Senior Des. Eng. 202 $31.59 $ 6,381 Tech 180 $19.31 $ 3,476 Subtotal Hours 1402 Indirect Costs (Overhead) Overhead Rate Direct Costs 159.00% Subtotal Labor: $ 52,885 Subtotal Overhead: $ 84,087 Total Labor and Overhead: $ 136,971 Quantity Unit Cost Total Shipping/Delivery 20 $ 16.00 $ 320 Reproduction 2000 $ 0.10 $ 200 Travel/Mileage 1000 $ 0.345 $ 345 Other 1 $ 500.00 $ 500 Total Direct Costs: $ 1,365.00 Fee (profit - 10%) $ 13,697 Total Cost $ 152,033 FIRM. PROJECT Subtask • Subtesk 2 Subtask 3 Wilidan 1001 !Kick oft meeting • 1002 :Data Collection 1003 Surveying and Mapping Subtask 41 1004_JPublic involvement Plan Subtask 5 I 1005 Problem Definition Subtask 6 1008 'Traffic Corridor Analysis (subtotal) •a. Refine Traffic Forecast Model Subtask7 1007 ,b. Conduct Traffic Analysts evelop Construction Traffic Management Plan Develop Prelminary Engineering Plans (20%) a. Develop Alternative Geometric Plans b. Develop Construction Cost Estimate Subtask 8 1008 Preliminary Environmental Constraints Analysis Project No. Date: 12/05/01 Subtask 9 r 1009 Right -of -Way Impact Analysis Subtask 10 1010 Hazardous Waste & Geotechnical Investigation Subtask 11 i 1011 I11111ty Investigation Subtask 12 ' 1012 Prepare Corridor Analysis Report Subtask 13 , 1013 Protect Management (subtotal) Project Meetings 'Project Coordination Public Meeting (1) Project Management Quality Control 2 2 44 4 6 I 6 6 8 4 4 14 20 28 6 24 6 I 12 --6 8 { 1 6 2 6 4 8 10 rt ti retl, ... 40 20 36 20 T 3 6 20 12 32 J Jr•''�icr. ,5bfi 24 3 20 52 72 100 36 I 52 40 - . 4 16 20 10 6 40 10 6 t 4 32 v 12 $ 532 32 $ 1,176 6 $ 295 66 $ 3.359 32 $ 1,538 88 $ 3,149 240 $ 8,387 78 $ 2,815 208 $ 5,954 170 $ 5,511 18 $ 885 16 18 S 821 12 $ 537 82i $ 2,289 66 $ 2,889 274 $ 12,749 120 $ 5,293 16 72 $ 3,349 6 28 $ 1,285 40 $ 2,106 10 $ 527 ALL TOTALS 255 183 203 379 202 180 1402 $ 52,885 Direct Cost (unburdened hourly rate x hours Firm's Overhead Rate Overhead Cost Subtotal Direct Cost is of Profit Profit Other Direct Cost Total Cost Note: The above hourly rates are unburdened $ 13,426 159% 21.347 34,773 10% $ 3,477 $ 38,250 $ 8,872 159% 13,789 22,461 10% 2,246 9,620 159% 15,298 24,918 10% 2,492 11,309 159% 17,982 29,291 10% 2,929 S 24,708 $ 27,408 $ 32,220 $ 6,381 $ 3,476 ,rrXiE 159% 159% 10,146 5,527 18,527 9,002 10% 10% 1,853 $ 900 S�sL' 1 18,180 $ 9,903 (jar=" 52,885 84,087 $ 136,971 10% $ 13,697_ $ 1,365 152,033 7. Schedule of Fees WILLDAN (July 1, 2001) ENGINEERING Principal Engineer $150.00 Division Manager 135.00 City Engineer 135.00 Project Manager 135.00 Supervising Engineer 120.00 Senior Engineer 110.00 Senior Design Manager 110.00 Design Manager 100.00 Associate Engineer 100.00 Senior Designer 95.00 Senior Design Engineer II 95.00 Designer II 90.00 Senior Design Engineer I 90.00 Design Engineer II 85.00 Designer I 85.00 Senior Drafter 80.00 Design Engineer I 80.00 Drafter II 70.00 Drafter I 65.00 Technical Aide 55.00 Ci NS:TRUCTIO,N° MANAGEMENT Division Manager 135.00 Senior Construction Manager 115.00 Construction Manager 110.00 Utility Coordinator 95.00 Supervising Public Works Observer 95.00 Senior Public Works Observer 80.00 Public Works Observer 70.00 Assistant Public Works Observer 60.00 SURVEYING Division Manager 135.00 Supervisor - Survey & Mapping 120.00 Senior Survey Analyst 95.00 Senior Calculator 95.00 Calculator II 80.00 Calculator I 70.00 Survey Analyst II 80.00 Survey Analyst I 70.00 Survey Party Chief 90.00 Two -Man Field Party 175.00 Three -Man Field Party 225.00 LANDSCAPE ARCHITECTURE Division Manager 135.00 Principal Landscape Architect 110.00 Senior Landscape Architect 90.00 Associate Landscape Architect 85.00 Assistant Landscape Architect 70.00 BUILDING AND SAFETY; Division Manager 135.00 Supervising Plan Check Engineer 110.00 Building Official 110.00 Plan Check Engineer 100.00 Deputy Building Official 100.00 Inspector of Record 100.00 Senior Plans Examiner 90.00 Supervising Building Inspector 90.00 Plans Examiner 80.00 Senior Building Inspector 80.00 Building Inspector 70.00 Supervising Permit Specialist 70.00 Senior Permit Specialist 65.00 Assistant Building Inspector 60.00 Code Enforcement Officer 55.00 Permit Specialist 50.00 Assistant Permit Specialist 45.00 Plans Examiner Aide 45.00 Assistant Code Enforcement Officer 45.00 PLASM$ z '` `,„- Division Manager 135.00 Principal Planner 110.00 Principal Community Development Planner 110.0C Senior Planner 100.00 Senior Community Development Planner 100.00 Associate Planner 85.00 Associate Community Development Planner 85.00 Assistant Community Development Planner 75.00 Assistant Planner 75.00 Planning Technician 55.00 Community Development Technician 55.00 GEOLOGY/GEOTECHN(CAL- j,`; Division Manager 135.00 Chief Engineering Geologist 125.00 Chief Geotechnical Engineer 125.00 Senior Engineering Geologist 100.00 Senior Geotechnical Engineer 100.00 Project Engineering Geologist 90.00 Project Geotechnical Engineer 90.00 Senior Staff Geologist 80.00 Senior Staff Engineer 80.00 Staff Geologist 70.00 Staff Engineer 70.00 ADMINISTRATIVE Computer Data Entry 45.00 Clerical 45.00 Word Processing 45.00 Personal Computer Time 15.00 Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation i. connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A subconsultant management fee of fifteen percent (15%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination. Page 24 Firm: Cost Proposal Plaza Blvd. Project Phase I - Corridor Analysis Report AGUIRRE & ASSOCIATES Labor Classification Name 1 Hours • Rate Total a Project Manager — 11 $ 46.25 $ 509 Survey Manager 128 $ 35.00 $ 4,480 Party Chief 101 $ 33.00. $ 3,333 Senior Chainman 101 $ 28.20 $ 2,848 CADD Processing 44 $ 18.00 $ 792 Subtotal Hours 385 Indirect Costs (Overhead) Overhead Rate Direct Costs 120.00% Subtotal Labor: $ 11,962 Subtotal Overhead: $ 14,354 Total Labor and Overhead: $ 26,316 Quantity Unit Cost J Total Shipping/Delivery 1 $ 100.00 $ 100 Reproduction 1 $ 370.00 $ 370 Digital Level Rental 1 $ 130.00 $ 130 , Photogrammetry, Aerial Mapping, Color Photo 1 $ 10,525.00 $ 10,525 Total Direct Costs: $ 11,125.00 Fee (profit -10%) $ 2,632 Total Cost $ 40,073 Person-1/Our tt'ork.Il('(9 FIRM: AGUIRRE & ASSOCIATES Project No. Date: 12/04/01 PROJECT Plaza Blvd.Projeect ESTIMATED HOURS & DOLLARS yq :�'��[!. �!��' )t �efEhy.4 skY 1 1r L� r .... �vPa4.aa'r'._b'4- �.a�?.'f 'a7$;tilo`Y�a >Ir*.''' ..- � a ,*i... - i..� Iki.?� f�` , jV`, `(: G.,''. � ., ' .b,y�IV:A :1`° � 4"" , t .i r' � rig 4{. -v-., �= a M:: Sri � � 4 til jp 'y'raTJ'HI''�., :.'di '{ 'ti; F'rPk �14i'. �pr_ ra ,. I _le x.' rE 1J Ig.�! 4 _ i o ''_ �:'", J. -:Y" �!t iY w7. :.J'a � ,:2 a �'�'�. _ .. • y �, �,y � � N � '�',`�.�: ss ld,� �yj ,.Y } 1 N, �A'i5�. rmSn�. .. ,. '_ 4 !.! v. }. �� Y'. .1,. 1�� ,,..1 i r'Ts ' t�a 4111..''' ..'AY„ �_ � ' ,�i�,o � g.. ��-2NK'/".(T 't aa '' :ri 9i= n ,`j ":a W �. � L.l� i�VT�...4rt���y ri:' 4 '�`.�, n, ' 5e �‘','• h- lC+{Y:. !!; m" rl, K, .4 Total Hours 4tif�'}� RI I Total Dollars l'. ( AF':Rr•C!..1rf= Subtask 1 . 1001 Kick off meeting 1 1 $ 46 Subtask 2 1002 Data Collection $ Subtask 3 1003 !Surveying and Mapping 4 128 101 101 44 378 $ 11,638 Subtask 4 1004 'Public involvement Plan $ - Subtask 5 . 1005 Definition $ - 'Problem Subtask 6 1006 'Traffic Corridor Analysis (subtotal) $ - !a. Refine Traffic Forecast Model S 'b. Conduct Traffic Analysis $ - Subtask 7 c. Develop Construction Traffic Management Plan $ - 1007 Develop Prelminary Engineering Plans (20%) a. Develop Alternative Geometric Plans —1--__ b. Develop Construction Cost Estimate Subtask 8 1008 Preliminary Environmental Constraints Analysis $ - Subtask 9 ! 1009 Right -of -Way Impact Analysis _ $ - Subtask 10 1010 Hazardous Waste & Geotechnical investigation $ - Subtask 11 Subtask 12 1011 Utility Investigation $ - 1012 Prepare Corridor Analysis Report --I-_ $ - Subtask 13 1013 Project Management (subtotal) n a• r. a p§ eA;�, a�f� -+r a+er. r pw,-�e,lsc„„pSs' y. 6 $ 278 Project Meetings $ - Project Coordination 6 6 $ 278 Public Meeting (1) S - Project Management $ - Quality Control $ ALL TOTALS 11 128 101 101 44 385 $ 11,962 Direct Cost (unburdened hourly rate x hours) $ 509 $ 4,480 $ 3,333 $ 2,848 $ 792 11-''t14$ $ 11,962 Ervti�'.!g t'ettafA?': Firm's Overhead Rate 120% 120% 120% 120% 120%a Overhead Cost 611 5,376 4,000 3,418 950 ' VIA 14,354 Subtotal Direct Cost 1,119 9,856 7,333 6,266 1,742 f*�' T $ 26,316 %of Profit 10% 10% 10% 10% 10%i' •i'-;: 10% Profit $ 112 $ 986 $ 733 $ 627 $ 174 $ 2,632 Other Direct Cost + .�3-;`.';r.;()i -T':. r , iz Mr ' r w w, $ 11,125 Total Cost S 1,231 $ 10,842 $ 8,066 $ 6,893 S 1,917 _. `4'a $ 40,073 Note: The above hourly rates are unburdened AGUIRRE AND ASSOSICTES SCHEDULE OF HOURLY FEES Effective July 1, 2001 CIVIL . ENGINEERING SERVICES Principal Engineer Senior Project Engineer Project Engineer Design Engineer CAD Technician I AND SI TRVEYING SERVICES Principal Land Surveyor 2-Person Survey Crew 3-Person Survey Crew 2-Person Survey Crew (Prevailing Wage) 3-Person Survey Crew (Prevailing Wage) 1-Person Survey Crew (GPS) Survey Calculations $125.00 110.00 100.00 85.00 70.00 $125.00 150.00 190.00 173.00 236.00 150.00 85.00 OTHFR SERVICES Court Appearance Per Day 1000.00 Direct costs: Photocopies, blueprints, delivery charges, etc. Cost Firm: Cost Proposal Plaza Blvd. Project Phase I - Corridor Analysis Report KLEINFELDER Labor Classification Name Hours Rate Total Senior Professional 31 $ 38.50 $ 1,194 Staff Professional 60 $ 26.00 $ 1,560 Technician 0 $ 20.00. $ - CADD 9 $ 20.00 $ 180 Word Processing 11 $ 16.00 $ 176 Admin 4 $ 16.00 $ 64 Subtotal Hours 115 Indirect Costs (Overhead) Overhead Rate Direct Costs 196.00% Subtotal Labor: $ 3,174 Subtotal Overhead: $ 6,220 Total Labor and Overhead: $ 9,394 Quantity Unit Cost Total EDR Report 1 $ 850.00 $ 750 Reproduction - color photo prints 26 $ 2.00 $ 52 Travel/Mileage 160 $ 0.500 $ 80 Geotechnical Lab tests 1 $ 750.00 $ 750 File/report reproduction 1 $ 200.00 $ 200 Fee (profit - 10%) Total Cost Total Direct Costs: $ 1,832.00 $ 939 $ 12,165 51-YP9955/Phase I Cost Team 12-3-01 November 16, 2001 Revised November 19, 2001 I'Cl•.10il-Uner 11'urkclnrel FIRM: KLEINFELDER Project No. Date: 12/05/01 PROJECT: Plaza Blvd. Protect - Task 9 ESTIMATED HOURS & DOLLARS S,e„ =s. yrro-rz' rq {l� rz . ,., r - , ,Y'? ?Sr4f r .t..� '�!'' s. q tic 4 ) 1-i .I a.° -v. lam, ' g-1✓s".� x3°:'^+a 47",r w'�'y :sc :fir,. ra,{ {w r'�••. sir"1. i s ,�,r.' y. x 'C 7 v{, Fi : &I r;" i 1 0• q`ulr._-..en.',. ,.. `�.rr ... SL -� , • Ili. 4l ,I . Ird i"k - - 1 kr+si ,• ,ry— r , ti$-ht, -4IT 11:. l' 't ` k `� c f - , �. a _ } z'. _`;y. i� m -- �+ :F-' e` -a, C , +. * }" r'• �k�' A� •I `a-S S `{ �. , •, , , j , �' sa aY - "� _"7C. Y.,o y .y i e 3 ,e, ., °r1. 4° Total Hours - — �':.. Total Dollars .. r Y,.. v ,..0 J�`�if... Subtask 1 1001 Kick off meeting 4 ' 4 $ _ 154 Subtask 2 1002 Data Collection I $ - Subtask 3 1003 Surveying and Mapping f l _ $ Subtask 4 1004 Public Involvement Plan _ _ $ Subtask 5 , 1005 _ _ Problem Definition I I $ - Subtask 6 1006 Traffic Corridor Analysis (subtotal) $ - $ a. Refine Traffic Forecast Model J $ - __ - - b. Conduct Traffic Analysis I _ I _ lc. Develop Construction Traffic Management Plan _ Subtask7 1007 'Develop Pnlminary Engineering Plana (20%) — a. Develop Alternative Geometric Plans _ S T_— b. Develop Construction Cost Estimate I $ - Subtask 8 1008 Preliminary Environmental Constraints Analysis _ Subtask 9 1009 Right -of -Way Impact Analysis T $ - _ $ __ 2,519 $ - 98 Subtask 10 1010 Hazardous Waste & Geotechnical Investigation 14 60 8 11 I 4 Subtask 11 11011 Utility Investigation I $ - Subtask 12 1012 Prepare Corridor Analysis Report $ 501 Subtask 13 1013 Project Management (subtotal) p Y ",��1}i"'1,,i +''(' ,c '," 'l' ' d ,,. t "y'sx"^'-F, 13 1 Project Meetings 6 6 $ 231 Project Coordination 2 2 $ 77 $ - _ Public Meeting (1) -- — . $ 116 L Project Management 3 3 $ 77 _ Quality Control 2 2 ALL TOTALS 31 80 9 11 4 115 S 3,174 Direct Cost (unburdened hourly rate x hours) $ 1,194 S 1,560 $ - $ 180 S 176 S 64 G• g $ 3,174 FIrm's Overhead Rate 196% 196% 196% 196% 196% 196% , Y Ht'r '' 'll Overhead Cost 2,339 3,058 - 363 346 125 6,220 Subtotal Direct Cost 3,533 4,818 - 533 521 189 *_ $ 9,394 % of Profit 10% 10% 10% 10% 10% 10% . " 10% Profit $ 353 $ 462 S - S 53 $ 52 S 19 S 939 Other Direct Cost lEl , � Total Cost $ 3,886 $ 5,079 $ $ sits $ 573 $ 208 y . S 12,165 Note: The above hourly rates are unburdened 51-YP9955/Phase 1 Cost Team 12-3-01 November 16. 2001 Revised November 19, 2001 KLEINFELDER 2001 FEE SCHEDULE FOR ENVIRONMENTAL AND GEOTECHNICAUMATERIALS TESTING SERVICES PROFESSIONAL STAFF RATES* Professional $ 86 / hour Staff Professional $ 105 / hour Senior Staff Professional $ 115 / hour Project Professional $ 125 / hour Project Manager $ 1301 hour Senior Professional $ 140 / hour Senior Project Manager $ 155 / hour Principal Professional $ 175 / hour Senior Principal\Expert Witness $ 300 / hour Program Manager\Senior Consultant S 190 / hour Senior Program Manager $ 210 / hour ADMINISTRATIVE/TECHNICAL STAFF RATES Administrative\Word Processor $ 60 / hour Technician $ 60 / hour Associate Technician $ 70 / hour Senior Technician $ 80 / hour Supervisory Technician $ 90 / hour Draftsperson $ 72 / hour CADD Operator $ 80 / hour Minimum Charges For Office Time Per Day One Hour at Applicable Rate Please note that, these rates reflect a 5 percent discount from our Standard Fee Schedule. Applies to all professional rates including but not limited to civil, mechanical, chemical, electrical, geotechnical and environmental engineers; industrial hygienists; geologists; hydrogeologists; hydrologists; and computer specialists. 90-SACV_DAMICO\PRIV ATE12000\FEE\FEE200I -ZZ2 5 (Revised I2/29/00) Firm: Cost Proposal Plaza Blvd. Project Phase I - Corridor Analysis Report Professional Consulting Group Labor Classification L Name J Hours Rate Total Principal _ 9 r $ 75.76 �a $ 682 Engineer 9 $ 60.61 $ 545 Utility System Designer 10 $ 51.52 $ 515 Drafter Supervisor 5 $ 45.45 $ 227 Utility System Designer 27 $ 42.42 $ 1,145 Drafter Supervisor 22 $ 36.36 $ 800 Drafter A 4 $ 36.36 $ 145 Subtotal Hours 86 Indirect Costs (Overhead) Overhead Rate Direct Costs 165.00% Subtotal Labor: $ 4,060 Subtotal Overhead: $ 6,700 Total Labor and Overhead: $ 10,760 Quantity Unit Cost Total Shipping/Delivery 8 $ 35.00 $ 280 Reproduction 2 $ 250.00 $ 500 Travel/Mileage 8 $ 50.000 $ 400 Other Total Direct Costs: $ 1,180.00 Fee (profit - 10%) $ 1,076 Total Cost $ 13,016 Person-11mrr I i'nrk %heel FIRM: Professional Consulting Group Project No. Dale. 12/04/01 PROJECT: Plaza Blvd. Project ESTIMATED HOURS & DOLLARS 4.. yAF, -9.v:Mi? 'i� a�J r T �.g�' % r iti iKy 1`�� `+'t ? , >I �' i'�L , �a�,y ,: ''ki` ..' 1; r c- �t�r "k. j '� v ,"''...''�Y k M1 ' h:F L4 N +1 .q SL r�. ; �.enrv•, •:i: , r„@i . +� y!y -u i ✓� r `< i.d a <! 11t�i� 4.'tt i`a'-•• < 1 ': a .ry1 uf�Y r9 C Yi 1t?+-„a?,..�1,`e U�a.j #:' r5 7 Total Flours Total Dollars ,S5 r. w..i+,,T- 51-1„1'i,: �e 4 1 .. ��f ci mot: ''141' 1 S r, 7 �..,- ... � T.. tkk t,,r'd a(71,810 �at�'t g 1i 5 .,}fY � Il j1Ei"il ll�`. =L � '"4 _.c ,. i.... _ .v,. - 4�e . Mi res �! - t N+ i. S. Y: 7� ,a +e�'lrs� nT _... rr'-rif.{ � ,t5 N 1. 14, a � .. ar yyiy,k ,kk * i A.R.;' i sr� t xi. It.p,,c "1' S'h P f- Subtask 1 1001 'Kick oil meeting $ - Subtask 2 1002 Data Collection Subtask 3 1003 Surveying and Mapping i _$ Subtask4 1004 rPublic Involvement Plan _ $ Subtask 5 1005 !Problem Definition $ - Subtask 8 1006 (Traffic Corridor Analysis (subtotal) i _ $ - Ia. Refine Traffic Forecast Model j $ - 'b. Conduct Traffic Analysis c. Develop Construction Traffic Management Plan $ $ _ Subtask 7 1007 Develop Prelminary Engineering Plans (20%) i S - _ a. Develop Alternative Geometric Plans I S - _ b. Develop Const uctlon Cost Estimate _ $ - Subtask 8 1008 Preliminary Environmental Constraints Analysis $ - Subtask 9 1009 Right -of -Way Impact Analysis $ - Subtask 10 1010 Hazardous Waste & Gsotechnlcal Investigation 86 $ 4,060 Subtask 11� 1011 Utility investigation 9 9 10 5 27 22 4 $ Subtask 12 1012 Prepare Corridor Analysis Report Subtask 13 1013 Project Management (subtotal) ark& Vh�.d'.1 ,tv,�`-;5,"ttp Y,(�;�' ,�,,�6 .�+a.�, sa ; ,'- ,WV- -p!p�ul�.,' ry A"MI,•,, tl`If' `7 'ta) $ - $ Project Meetings Project Coordination _1 S - Public Meeting (1) $ Project Management Quality ControlALL ---27 TOTALS 9 9 10 6 22 4 86 $ 4,060 Direct Cost (unburdened hourly rate a hours) $ 682 $ 545 $ 515 $ 227 $ 1,145 $ 800 S 145 . ` $ 4,080 Fkm's Overhead Rate 165% 166% 165% 166% 165% 165% 165% `. ': -s- , w F0416.4 Overhead Cost 1,125 900 850 375 1,890 1,320 240 ' 6,700 Subtotal Direct Cost 1,807 1,448 1,365 602 3,035 2,120 385 : l S 10,760 % of Profit 10% 10% 10% 10% 10% 10% 10% 10% Profit S 181 S 146 $ 137 $ 60 $ 304 5 212 $ 39 S 1,076 Other Direct Cost :W '.7, :5?' ;.4JJ 'a' N :x $ 1,180 Total Cost $ 1,988 1 $ 1,590 S 1,502 $ 662 S 3,339 S 2,332 S 424 , :n $ 13,016 Note: The above hourly rates are unburdened �r.+PROFESSIONAL CONSULTING GROUP / 3911 NORTH CORDOBA AVE, SUITE A • SPRING VALLEY, CA 91977 PROFESSIONAL CONSULTING GROUP PROFESSIONAL. FEE SCHEDULE A This schedule of professional fees are representative of applicable hourly rates that will be the basis for all billing, unless otherwise indicated and will also be used in determin- ing fees for additional work, when required. HOURLY DESCRIPTION RATES Principal $ 125.00 Engineer 100.00 Utility System Designer (Supervisor) 85.00 Drafter Level "A" 70.00 Drafter Level "B" 60.00 Drafter Level "C" 50.00 Project Analyst 60.00 Note: Hourly billing rates include base salary, overheads and profit, and are exclusive of reimbursable expenses. Average hourly billing rates will be used when appropriate. 8251r-•• Ha.sa,.dublsa,.aubn.R«sm "TOMORROW'S INNOVATIONS TODAY" Firm: Cost Proposal Plaza Blvd. Project Phase I - Corridor Analysis Report DUDEK and Associates Labor Classification Name Hours Rate Total Senior Project Manager 102 $ 53.00 $ 5,406 Env. Specialist IV 29 $ 39.00 $ 1,131 Env. Specialist III 18 $ 35.00 $ 630 Env. Specialist II 49 $ 29.00 $ 1,421 Env. Specialist I 27 $ 25.00 $ 675 Admin Asst 16 $ 20.00 $ 320 Subtotal Hours 241 Indirect Costs (Overhead) Overhead Rate Direct Costs 156.00% Subtotal Labor: $ 9,583 Subtotal Overhead: $ 14,949 Total Labor and Overhead: $ 24,532 Quantity L Unit Cost Total Shipping/Delivery a $ - Reproduction $ - Travel/Mileage $ - Other Total Direct Costs: $ Fee (profit - 10%) $ 2,453 Total Cost $ 26,986 Pei'.CLn-h ou(r 1'1'orL 1Il CPT FlRM. DUDEK and Associates Date: Project No. 12/04/01 PROJECT: Plaza Blvd Prolect ESTIMATED HOURS & DOLLARS ,e, -e!n r :, s ° y r i- ,� b .( ^ 9 '4 A M� �i "V:V Y 4 L }rY � M - ���!ll���SSA��� �y �Sr !{, u 1+„.1,..:=era,.,. __...'fL.:=,u was ,.�...,.. .LL.av__�. �, !at l�t.'i at I%l + 14,41 4"Y, 'w� `� > Wl.:::2 9. ♦ i'' t4 d'..+RTS�^�e i'1i' +F.: a'--,-.q-`0 'n 1^".�.i^�r `^'4:.'7:. M: vL1 ( R T,i ' � 1 {i t 4r } tl A41n - J i ii:' .:pt' 1�� !n t,. � .. , r r ,-1 ^ �yy 1 4lV a� 1 .: r1 , y�, J �: r.,.. 1} ':'V' Y. Thy ice' x 4,1 ,,[,,I _Y ._ltl Nry�� tY „1 - .`N h ! 'IAK � :.l f i _._ tG. � -i ... Y }� ^S+Nr tL XS+. . �J i+J �i��' 1 IK ll i. rA ry- �q Y�.jl �1. i.t Fh:Htti u�: j�i rift. Y ft b, 11 f�., M' k yM.II rry� . ,;r �. it , ^= j " a r�i +� y(� ' . v.r Yy 1� 1..1 ..,Y. rr 4 1 ' Vt. ,Yw i- 1 !rY �! tr.), VIId'.t...ly {�i,� '�i;n 4 t1Y-N.s' �.y .!Y .,fix ylr r ._'., t4 �,i il.�� a{li -.`7 i'-K'b.Ft! _ii' ] '!i inrtl f,t f S•,• kl]J e ~ 4� J. 1tb i � ^ .. Ylii � ... -Total Hours JMwi! _ A• .. i,r� Total Dollars �tw -uM' ` e1M1 e�4 ' +,., i,.:I. qx N. �,' ✓.,i'! rt' Subtaak 1 1001 Kick off meeting 3 _ 3 _ ' 6 $ 276 Subtask 2 _ 1002 Data Collection 5 4 10 3 22 $ 786 Subtaak 3 1009 Surveying and Mapping —h $ - _ Subtask 4 1004 Public Involvement Plan Subtaak 5 1005 Problem Definition _- Subtaak 6 1006 Traffic Corridor Analysis (subtotal) I $ - $ ' a. Refine Traffic Forecast Model I _ Cb. Conduct Traffic Analysis —� L _ $ c. Develop Construction Traffic Management Plan I $- 7 1007 .Develop Preiminary Engineering Plana (20%) J _Subtaak a. Develop Alternative Geometric Plans --r- j b. Develop Construction Cost Estimate f Subtask 8 1008 'Preliminary Environmental Constraints Analysis 25 16 12 35 20 12 120 $ 4,124 Subtaak 9 1009 RIght-of-Way Impact Analysis I I l----- $ - Subtaak 10 1010 Hazardous Waste & Geotechnlcal Investigation -- $ - Subtaak 11 1011 Utility Investigation 1 _ I _ _ _t-- _ $ - _sk 13Subtaak 12 Subta'', 1012 Prepare Corridor Analysis Report $ - 1013 Project Management (subtotal) _i t .,.. 'O;;{• y, r�i �!4; '.'1 93 $ 4,397 Project Meetings 16 2 2 20 $ 996 t Project Coordination 15 1 1 1 1 1 20 $ 943 _ Public Meeting (1) 3 1 1 1 1 1 8 $ -307 _ Project Management 20 1 1 1 1 1 25 $ 1,208 Quality Control 15 1 1 1 1 1 20 $ 943 ALL TOTALS 102 29 18 49 27 18 241 5 9,583 Direct Cost (unburdened hourly rate x hours) $ 5,406 $ 1,131 5 630 $ 1,421 $ 675 $ 320 $ 9,583 Firm's Overhead Rate 156% 168% 156% 158% 156% 158°.61;4 _ ` aS. '. ,.,..i `. Overhead Cost 8,493 1,764 983 2,217 1,053 499 14,949 Subtotal Direct Cost 13,839 2 895 1,613 3,638 1,728 819 $ 24,532 %of Profit 10% 10% 10% 10% 10% 10%:^," 10% Profit $ 1,384 $ 290 $ 161 $ 364 $ 173 $ 82 f�N $ 2,453 Other Direct Cost ,`YA1 8 1• I6 c `k1_ $ Total Cost $ 15,223 $ 3,185 $ 1,774 $ 4,002 $ 1,901 901 tii .f7i :- $ 26,986 Note: The above hourly rates are unburdened & ASSOCIATES, INC. ENGINEERING SERVICES Principal Engineer $140.00/hr Project Manager $130.00/hr Senior Engineer $115.00/hr Associate Engineer $105.00/hr Project Engineer II $95.00/hr Project Engineer I $85.00/hr Resident Engineer $95.00/hr Field Engineer $85.00/hr Engineering Inspector II $75.00/hr Engineering Inspector I $65.00/hr Engineering Assistant $55.00/hr PLANNING Planning Project Manager $ 115.00/hr Senior Planner $ 90.00/hr Project Planner $ 80.00/hr Research Planner $ 70.00/hr Assistant Planner $ 65.00/hr Planning Technician $ 60.00/hr Planning Drafter $ 55.00/hr SURVEYING Professional Land Surveyor $ 125.00/hr Field Supervisor $ 100.00/hr Assistant Field Supervisor $ 90.00/hr Survey Analyst $ 90.00/hr 1-Person Survey Crew $ 85.00/hr 2-Person Survey Crew $ 145.00/hr 3-Person Survey Crew $ 185.00/hr Travel Time $ 74.00/hr HYDROGEOLOGICAL SERVICES Principal $ 160.00/hr Sr. Hydrogeologist/ Sr. Project Manager $ 130.00/hr Associate Hydrogeologist / Engineer $ 115.00/hr Hydrogeologist IV / Engineer IV $ 95.00/hr Hydrogeologist III / Engineer III $ 80.00/hr Hydrogeologist II / Engineer II $ 75.00/hr Hydrogeologist I / Engineer I $ 65.00/hr Technician $ 55.00/hr ENVIRONMENTAL SERVICES Senior Project Manager/Specialist S 135.00/hr Environmental Specialist/Planner VI $ 125.00/hr Environmental Specialist /Planner V $ 115.00/hr Environmental Specialist /Planner IV $ 100.00/hr Environmental Specialist /Planner III $ 90.00/hr Environmental Specialist /Planner II $ 75.00/hr Environmental Specialist /Planner I $ 65.00/hr Analyst $ 55.00/hr Research Assistant S 45.00/hr CONSTRUCTION MANAGEMENT SERVICES Principal / Manager $ 130.00/hr Construction Manager $ 115.00/hr Project Manager $ 95.00/hr Construction Engineer $ 85.00/hr Construction Inspector III $ 75.00/hr Construction Inspector II $ 65.00/hr Construction Inspector I $ 55.00/hr Company Services 2001 STANDARD SCHEDULE OF CHARGES DISTRICT MANAGEMENT & OPERATIONS District General Manager $ 140.00/hr District Engineer $105.00 - $ 125.00/hr District Manager II $ 105.00/hr District Manager I $ 95.00/hr District Secretary/Accountant $ 70.00/hr Grade IV Operator $ 80.00/hr Grade III Operator $ 65.00/hr Grade II Operator $ 55.00/hr Grade I Operator $ 52.00/hr Operator in Training $ 40.00/hr Laborer $ 34.00/hr INFORMATION SYSTEMS Information Systems Manager $ 155.00/hr Systems Technician II $ 100.00/hr PRINCIPAL $ 140.00 - $165.00/hr OFFICE SERVICES • TECHNICAL/ DRAFTING/CADD SERVICES 3D Graphic Artist $ 120.00/hr Senior Designer $ 90.00/hr GIS Technician II $ 90.00/hr GIS Technician I $ 80.00/hr CADD /Designer III $ 85.00/hr CADD /Designer II $ 85.00/hr CADD Drafter I $ 75.00/hr CADD Operator II $ 70.00/hr CADD Operator I $ 65.00/hr Assistant Designer Drafter $ 65.00/hr SUPPORT SERVICES Computer Processing $ 65.00/hr Clerical Administration $ 55.00/hr FORENSIC ENGINEERING Court appearances and depositions as expert witness will be billed at 1.5 times normal rates. EMERGENCY AND HOLIDAYS Minimum charge of two hours will be baled at 1.5 times the normal rate. MATERIAL AND OUTSIDE SERVICES Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost TRAVEL EXPENSES Mileage at 34.5 cents per mile. Per diem where overnight stay is involved is charged at cost Effective July 01, 2001 Firm: Cost Proposal Plaza Blvd. Project Phase I - Corridor Analysis Report WizRans & Willett, Inc. Labor Classification Principle Name Hours Rate Total 43 $ 41.32 $ 1,777 Subtotal Hours 43 Indirect Costs (Overhead) Overhead Rate Direct Costs 120.00% Subtotal Labor: $ 1,777 Subtotal Overhead: $ 2,132 Total Labor and Overhead: $ 3,909 Quantity. Unit Cost Total Appraiser Fees 1 $ 1,200.00 $ 1,200 Reproduction $ - Travel/Mileage $ - Other Total Direct Costs: $ 1,200.00 Fee (profit - 10%) $ 391 Total Cost $ 5,500 Person-I/onr Work.eheet FIRM: Wlggans & Willett, Inc. Date: Project No. 12/04/01 PROJECT: Plaza Blvd. Project ESTIMATED HOURS & DOLLARS . .v ict •,s _' - . l` .: ' }Y{ >tR , l ," ai ' al , ., a it . fir ,?ter ' • ^Flop ' "` 9 1 �.--iJ,1.r 1� }� ' i ! Y. �, y% '. „ 4'rA W 3. A a" i,� `."r �t' ..M :1 , »�', 3 , . fir, l �}1�' � ige. P 1' 1 ".€t}Kxr; E, eaw �� -,.y�#,4fr.,�AI�A!}R ��I. u]rI c • -- � b I.a. ]�(' Total Hours Total Dollars i e ti. a.. g •, rh;x, , �nV t. A 9 �r!'t, L > ,. v1 oaf-•IT ia*r. -„3i— a,Y..,;; ),�d„ } • .u.Q. .. f .7 �l;e.� A,�q'i7 I�9sJ �<. � T -0• rl '�'�'.,'�.n '1�'}'it�,. � ' el6vs+: -.:, ... .. ,. .+ ,ram-.. ... ., rr,,::rC"+.ii< S Ala. .%� ''�.rer.V4�C3'f ��.,Y�3.d xt... Ui,w:,�av� fi.�'�+� at d ,gJr A5 _ A- 5 '1�i •. � fir, 4VIm]���W�9tl�,!'d �te,�f Mfg,. �" ] �{rt _1_ 3 r u.§a k� Al,• ,,l n G+� - +(:*'- �. Xkvfl!&,•-M"• $ 124 Subtask 1 1001 Kick off meeting 3 Subtask 2 1002 Data Collection _ _ 6 L _ 6 $ 248 Subtask 3 1003 (Surveying and Mapping I $ - Subtask 4 1004 'Public Involvement Plan $ - Subtask 5 : 1005 ;Problem Definition 4 4 $ 165 $ - Subtask 6 r 1006 (Traffic Corridor Analysis (subtotal) i •a. Refine Traffic Forecast Model $ - b. Conduct Traffic Analysis $ - c. Develop Construction Traffic Management Plan $ - Subtask 7 1007 Develop Prelmlnary Engineering Plans (20%) $ - a. Develop Alternative Geometric Plans b. Develop Construction Cost Estimate $ - Subtask 8 1008 Preliminary Environmental Constraints Analysis $ - Subtask 9 1009 Right -of -Way Impact Analysis 20 20 $ 826 Subtask 10 1010 Hazardous Waste & Geotechnical Investigation $ - Subtask 11 1011 Utility Investigation $ _ - _ Subtask 12 Subtask 13 1012 1013 _Prepare Corridor Analysis Report $ - Project Management (subtotal) F1+'a +a rJ . ; 10 $ 413 Project Meetings 4 4 $ 165 IPublic Project Coordination $ - Meeting (1) 4 4 $ 165 _ _ Project Management 2 2 $ 83 1 Quality Control $ ALL TOTALS 43 43 $ 1,777 Direct Cost (unburdened hourly rate x hours) $ 1,777 Firm's Overhead Rate 120% ',1 - : ':' !;`� Overhead Cost 2,132 2,132 Subtotal Direct Cost 3,909 ,,,,._" $ 3,909 % of Profit 10% .'= 10% Profit $ 391 avir $ 391 Other Direct Cost 1,' yr. '„ $ 1,200 Total Cost $ 4,300 4, _ , 1 $ 5,500 Note- The above hourly rates are unburdened !1t 7 wiry, Wiggans&Willett, rV Inc. rr Schedule of Hourly Rates Effective July 1, 2001 through June 30, 2002 Personnel Hourly Billing Rate Project Manager $ 95 Principal $ 90 Assistant Project Manager $ 70 Arcview / G.I.S. Specialist $ 61 Real Property Agent $ 60 Assistant Real Property Agent $ 45 Clerical $ 35 Miscellaneous Mileage: Direct Costs: $0.31/mile at cost Note: Rates shall be increased annually based on San Diego Consumer Price Index for all urban consumers, all items. Proposed Project Schedule Plaza Boulevard Widening Phase I, Task I Corrodor Analysis Report and Preliminary Engineering (2O%) Exhibit D ID Task Name 1 - ! Subtask 1 - Kick off meeting 2 Subtask 2 - Data Collection - 3 Subtask 3 - Surveying and Mapping Subtask 4 - Public Involvement Plan 147 days Mon 2/18)02 5 Subtask 5 - Problem Definition 10 days Mon 2/18/02 LDuration Start 1 day Fri 2/1/02 10 days Mon 2/4/02 35 days Mon 2/4/02 6 I - Subtask 6 - Traffic Corridor Analysis 66 days Mon 314102 - 7 a. Refine Traffic Forecast Model 15 days Mon 3/4/02 f3 b. Conduct Traffic Analysis 25 days Mon 3/25/02 9 c. Prepare Traffic Management Plan 15 days Mon 4/291O2 10 Subtask 7 - Develop Prelim. Engr. Plans 120%1 36 days Mon 4129/02 11 a. Develop Alternative Geometric Plans 25 days Mon 4/29/02 12 b. Develop Construction Cost Estimate 10 days Mon 6J3O2 13 Subtask 8 - Preliminary Environ. Constraints Analysis 30 days Mon 6✓302 14 Subtask 9 - Right -of -Way Impact Analysis 15 days Mon 6/3102 15 Subtask 10- Haz. Waste & Geotech. Investigation 20 days Mon 2/18/02 . 16 Subtask 11 - Utility investigation 30 days Mon 2/4102 17 Subtask 12 - Prepare Corridor Analysis Report 10 days Mon 7/15/02 18 ! Quality Control 5 days Mon 7/29002 19 J Submit Corridor Analysis Report 1 day Mon 85/002 20 City 8 Cattrans Review 15 days Tue 8/6✓02 21 —I Revise Corridor Analysis Report 15 days Tue 8/27/02 22 Submit Final Report 1 day Tue 9/17/02 City Council Agenda 10 days Wed 9/18/02 24 I City Council Approval 1 day Wed 10/2/02 25 Subtask 13 - Project Management 172 daysMon 2/4/02 9e rter Nov P Dec 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1 Jan Feb Mar Apr May 1—Jun j Jul Qua_rter Sep ' Oct] Nov 9117 1012 Project: Project Schedule Date: Tue 12/4/01 Task Split Progress Milestone ♦ External Tasks Summary ^ External Milestone • Project Summary ^ Deadline .\/ Page 1 EXHIBIT E WORK TO BE DONE BY THE CITY The City will provide the following data and information to the Consultant for the proposed corridor: 1. All available As -built plans. 2. All available GIS information 3. Sewer line plans and other pertinent data 4. Existing studies including the most recent traffic study by KOA 5. Existing traffic ADT 6. All available existing turn volumes 7. Accident records 8. All available signal timing plans, speed information, distances between intersections, etc. 9. Right-of-way maps 10. Land use and circulation element from general plan 11. All available utility plans 12. All available hazardous materials reports 13. Electronic title block for City of National City plans 14. Design standards and manuals 15. Funding application form used to secure the project funds 16. Contact information for businesses and owners along the corridor EXHIBIT F BIDDER/PROPOSER DBE PARTICIPATION REQUIREMENTS AND INSTRUCTIONS (For Local Agency Contracts Fully Or Partially Funded With Federal Funds) This project is subject to Part 26, We 49, Code of Federal Regulations entitled °Participation by Disadvantaged Business Enterprises (DBE) in Department of Transportation Financial Assistance Programs? Proposers shall be fully informed of the requirements of the regulations and the [City of National City) Disadvantaged Business Enterprise (DBE) program developed pursuant to the regulations. DEFINITIONS A DBE must be a small business concern as defined pursuant to the Small Business Act and Small Business Administration (SBA) regulations. A firm is not an eligible DBE in any Federal fiscal year if the firm (including its affiliates) has had average annual gross receipts, as defined by SBA regulations (see 13 CFR 121.402), over the firm's previous three fiscal years, in excess of $16.6 million. A DBE is a for profit small business concern that is: 1. At least 51% owned by one or more individuals who are both socially and economically disadvant- aged or, in the case of a corporation (publicly - owned business), at least 51% of the stock is owned by one or more such individuals and 2. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. AWARD AND SUBSTITUTION Award of this contract will be to the lowest responsive and responsible proposer or to the most qualified Architectural and Engineering (A&E) firm whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or demonstrated, to the satisfaction of the [City of National City], that the proposer has documented adequate good faith efforts to do so as required by these instructions. Failure to do so will be cause for rejection. If awarded the contract, Contractor may not substitute a person as a subcontractor in place of the DBE subcontractor listed in the original bid/proposal without the written authorization of the contract manager pursuant to the term of the contract Failure to obtain approval may result in payment being denied. COMMERCIALLY USEFUL FUNCTION A DBE must perform a commercially useful function, i.e. must be responsible for the execution of a distinct element of the work and must carry out its responsbtity by actually performing, managing and supervising the work or in accordance with the factors described in Section 26.55, 49 CFR Part 26 for materials, supplies or trucking. DBE PARTICIPATION A proposer in order to be considered a responsible and responsive bidder must make good faith efforts to meet the goal established for the contract. The proposer can meet this requirement in either of two • ways: 1) meet the goal, documenting commitments for participation by DBE firms; or 2) if the goal is not met, the proposer must document adequate good faith efforts. A proposer (prime contractor) who is not a certified DBE proposer will be required to document one or a combination of the following: 1. The proposer will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. 2. The proposer, prior to bidding, made a adequate good faith efforts to meet the goal. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, or as a vendor of material or supplies or as a trucking company. A certified DBE proposer not bidding as a joint venture with a non -DBE, will be required to document one or a combination of the following: 1. The DBE proposer will meet the goal by performing work with its own forces: 2. The proposer will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. 3. The proposer prior to bidding, made adequate good faith efforts to meet the goal. A DBE joint venture partner must be responsible or specific contract items of work, or portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contributions, control, management, risks and profits of the joint venture. The DBE joint venture must submit the joint venture agreement with the bid or proposal or the DBE participation information form attached to these instructions. If the proposer documents adequate good faith efforts to meet the goal, the award cannot be denied on the basis that the proposer failed to meet the goal. The proposer (prime contractor) shall fist only one subcontractor for each portion of work as defined in their bid/proposal. Any dollar amount of work, service or supplies proposed for DBE participation can only be counted once. That is, any further subcontracting or spending for DBE work, service or supplies already credited once for DBE participation cannot be counted again. DBEs must be certified by the Caltrans Civil Rights Program or a participating California local agency, which has a reciprocal agreement with Caltrans and which certifies in conformance with 49 CFR, Part 26 regulations, by the Invitation for Bid (IFB) opening date or by the Request for Proposal (RFP) or Architectural and Engineering (A&E) contract Statement of Qualification (SOQ) due date before credit may be considered toward meeting the DBE goal. Firms that are self -certified as DBEs are not eligible for DBE credit A prime contractor who is a certified DBE is eligible to claim al of the work it performs in the contract toward the goal except that portion of the work to be performed by non -DBE subcontractors. Credit for materials or supplies purchased from DBEs will be as follows: 1. If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward the DBE goal. NOTE: A DBE manufacturer is a firm that operates or maintains a factory or establishment that procedures, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. 2. If the materials or supplies are purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward the DBE goal. NOTES: 1) A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse or other establishment in which the materials, supplies, articles or equipment of the general character • described by the specifications and required under the contract are bought, kept in stock and regularly sold or leased to the public in the usual course of business. 2)To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business as provided in this paragraph if the person owns and operates distribution equipment for the products. 3)Any supplementing of regular dealers' own distri-bution equipment shall be by a long-term lease agreement and not on an ad hoc or contract by contract basis. 4) Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph. 5)Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commission charged for assistance in the procurement of the materials an supplies or fees or transportation charges for the delivery of materials or supplies required on a job site, provide fees are reasonable and not excessive as compared with fees charged for similar services. The cost of materials or supplies are not counted toward the DBE goal in this instance. Credit for DBE trucking companies will be as follows: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract and there cannot be a contrived arrangement for the purpose of meeting DBE goals. 2. The DBE must Itself own and operate at least one fully licensed, insured, and operational truck used on the contract 3. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs. 4. The DBE may lease trucks from another DBE firm,•including an owner -operator who Is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee provides on the contract The DBE may also lease trucks from a non -DBE firm, including an owner -operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. 5. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. 6. A lease must indicate that the DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. 7. Leased trucks must display the name and identification number of the DBE. SUBMISSION OF DBE INFORMATION To be eligible for award of the contract, bidders or proposers must either have met the DBE goals or have provided documentation to establish that prior to bid or cost proposal submittal, the proposer has made adequate good faith efforts to do so. Final determination of goal attainment or good faith effort by the proposer will be at the [City of National City] discretion. The required DBE information shall be submitted on the DBE Participation Exhibit 15-G attached to these instructions. it is the proposer's responsibility to make enough work available to DBEs and to select those portions of the work or material needs consistent with the available DBEs to meet the goal. It is the responsibility of the proposer to verify that DBEs are certified. Proposers are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also Include their adequate good faith efforts information along with their DBE goal information to protect their eligibility for award of the contract in the event the [Local Agency], in its review, finds that the -goal has not been met. The proposers DBE Information shall include: 1) The names of DBE firms that will participate in the contract with a complete description of work or supplies to be provided by each DBE and the dollar value of each proposed DBE transaction. 2) A written confirmation from each DBE that is participating in the contract A copy of the DBEs quote will serve as written confirmation that the DBE is participating in the contract 3) When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE shall be included in the DBE information including the planned location of that work 4) The work that a DBE prime contractor has committed to be performed with its own forces as well as the work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies will be required. GOOD FAITH EFFORTS The information necessary to establish the proposer's adequate good faith efforts to meet DBE goal should include: 1. The names and dates in each publication which a request for DBE participation for this contract was placed by the proposer. 2. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested. 3. The items of work which the proposer made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with Its own forces) into economically feasible units to facilitate DBE participation. Note: It is the proposer's responsibility to demonstrate that sufficient work to meet the DBE goal was made available to DBE firms. 4. The names, addresses, and telephone numbers of rejected DBE firms, the firms selected for that work, and the reasons for the proposer's choice. 5. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs. 6. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. 7. The names of agencies contacted to provide assistance in contacting, recruiting and using DBE firms. 8. Any additional data to support a demonstration of good faith efforts. Note: The Caltrans Civil Rights Program maintains a website, which includes a directory of certified DBE firms at www.dot.ca.govlhq/bep. RIGHT OF ADMINISTRATIVE CONSIDERATION If the apparent successful proposer has failed to meet the DBE requirements by failing to document it has obtained enough DBE participation to meet the goal; or did not succeed in documenting adequate good faith efforts, the proposer has five (5) calendar days after notification by the [City of National City] to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. Written documentation must be submitted to: [City of National City] [1243 National City Boulevard National City, CA 91950-4301] Phone: (619) 336-4380 Fax (619) 336-4397 A written decision on reconsideration MI be Issued within I5 days of receipt of the request. DBE PARTICIPATION REQUIREMENTS This information is not intended to constitute an entire contract. The information contained herein is only a sample of clauses needed for DBE participation. Use the following Article for contracts with no DBE goals specified. Delete the Articles after this. ARTICLE DBE Participation Requirements A. Disadvantaged Business Enterprise (DBE) Participation (Without Goals) 1. The City of National City has established no goals for the participation of DBE for this contract. However, the Contractor shall be fully informed respecting Part 26, Title 49, Code of Federal Regulations, which is incorporated by reference, and is urged to obtain DBE participation should a clearly defined portion of the work become available. 2. It is the policy of the City of National City that certified DBE firms shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. The Contractor shall ensure that certified DBE firms, as defined in said Code of Federal Regulations, have the maximum opportunity to participate in the performance of this contract and shall take all necessary and reasonable steps, as set forth in said Part 26, for such assurance. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subconsultant. Failure to carry out the requirements of this paragraph shall constitute a breach of contract and may result in termination of this contract or such other remedy the City of National City may deem appropriate. 3. If DBE participation is obtained, the Contractor shall maintain records of all subconsultant agreements entered into with DBE subconsultants and records of materials purchased from DBE suppliers. Such records shall show each subconsultant's and vendor's name and address and the actual dollars paid to each. Upon completion of the contract, a summary of these records shall be prepared, certified correct and submitted on the form "FINAL REPORT - UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST - TIER SUBCONTRACTORS", or equivalent, by the Contractor or his authorized representative to the City of National City's Contract Manager showing total dollars paid to each DBE subconsultant and supplier. 4. Any DBE firm working as a subconsultant under this contract must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing, and supervising the work. 5. The Contractor shall make every reasonable effort to replace a certified DBE firm that is unable to perform the provisions of this contract with another certified DBE firm. Use the remainder of these Articles for contracts with DBE goals specified. ARTICLE DBE Participation Requirements A. DBE Participation Requirements and Regulations General The DBE participation for this contract is 2 percent. The Contractor shall carry out applicable requirements of 49 CFR, Part 26, of the Code of Federal Regulations, entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," in the award and administration of DOT -assisted contracts. The regulations in their entirety are incorporated herein by reference. The Contractor shall not discriminate on the basis of race color, national origin or sex in the performance of this contract. Noncompliance by the Contractor with the requirements of the regulations is a material breach of this contract and may result in termination of the contract or other such appropriate remedy as the City of National City deems appropriate. The Contractor shall include the following in each subcontract the Contractor signs with a subcontractor: I . A subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. 2. The subcontractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. 3. Contractors shall include in their subcontracft, language providing the use of appropriate alternative dispute resolution mechanisms to resolve payment disputes. B. Performance of DBE Contractors, Subcontractors and Suppliers DBE prime contractors must perform at least 30 percent of the total cost of this contract with their own work force. DBE subcontractors shall perform the work and supply the materials for which they have been listed in the Contractor's response to the contract award requirements in Exhibit 15-G of the Local Assistance Procedures Manual (LAPM), attached, unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources as set forth in Paragraph G, "DBE Substitution and Additions", of this Article. C. Prompt Payment to DBE and NonDBE Contractors The Contractor shall not be entitled to any payment for the work or material, unless it is performed or supplied by the listed subcontractors (DBE or nonDBE), or by the Contractor's own forces, pursuant to prior written authorization of the Contract Manager. This is the case even if other contract work is not completed and has not been accepted in conformance with the terms of the contract by the State. Delete the Following Paragraph if there are No Trucking Company Subcontractors Prior to the fifteenth of each month, the Contractor shall submit documentation to the Contract Manager showing the amount paid to DBE trucking companies listed in the Contractor's DBE information. This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies which is claimed toward DBE participation. The Contractor shall also obtain and submit documentation to the Contract Manager showing the amount paid by DBE trucking companies to all firms, including owner - operators, for the leasing of trucks. The DBE who leases trucks from a nonDBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The records must confirm that amount of credit claimed toward DBE participation conforms with Paragraph J of this Article. The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month for which DBE participation will be claimed. This documentation shall be submitted on Exhibit 16-Z of the LAPM. • The Contractor shall pay all DBE subcontractors and nonDBE subcontractors for satisfactory performance of their contracts within ten (10) days from receipt of each payment from the City of National City made to the Contractor. D. Prompt Payment Progress Pay Retention to DBE and NonDBE Subcontractors The Contractor shall return all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if other contract work is not completed and has not been accepted in conformance with the terms of the contract. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment to the Contractor or deficient subcontract performance or noncompliance by a subcontractor. E. DBE and NonDBE Subcontractor Payment Records The Contractor in addition to maintaining records showing the name and business address of each first tier subcontractor, shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and if applicable, DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all DBE firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of work. Upon completion of the contract, a summary of these records shall be prepared on Exhibit 17-F of the LAPM and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Contract Manager. The Exhibit shall be furnished to the Contract Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in the invoice being in dispute until the report is received. F. Penalty Assessed for Failure to Provide Subcontractor Payment Records $ ($10,000) will be withheld from payment if Exhibit 17-F of the LAPM is not submitted. The amount will be paid to the Contractor when the form is submitted. G. DBE Substitutions or Additions The Contractor may not substitute, or terminate for convenience a subcontractor, a supplier or— if applicable— a trucking company, listed in the original bid/proposal without the prior written approval of the Contract Manager. However, the Contractor may add a firm to perform work originally planned to be done by the Contractor's own forces. The Contractor must make an adequate good faith effort to find another certified DBE subcontractor to substitute for the original DBE. The Contractor will be required to make good faith efforts to replace the original DBE subcontractor with another DBE subcontractor to the extent needed to meet the contract goal. The requirement that DBEs must be certified by the bid opening date does not apply to DBE substitutions or additions after award of the contract. DBEs must be certified at the time of the substitution or addition. Contractors shall submit requests for substitution in writing to the Contract Manager. Authorization to use other subcontractors or suppliers may be requested for the following reasons: 1. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions for this contract or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor. 2. The listed DBE becomes bankrupt or insolvent. 3. The listed DBE fails or refuses to perform the subcontract or furnish the listed materials. 4. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor failed or refuses to meet the bond requirements of the contract. 5. The listed DBE was the result of an inadvertent clerical error. The Contractor must have asserted a claim of inadvertent clerical error in listing the subcontractor within two working days after the bid opening and copies of that notice to both the subcontractor he or she claims to have listed in error and intended subcontractor who had bid to the Contractor prior to bid/proposal opening. 6. The listed DBE was not licensed as required by the State of California Contractor's Licensing Board or failed to have the required permits or licenses as required by Federal, State or Local governmental jurisdictions. 7. The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial conformance with the scope of work to be performed, or the subcontractor is substantially delaying or disrupting the progress of the work. 8. When the listed DBE is ineligible to work on a public works project pursuant to Section 1777.1 or 17777.7 of the Labor Code. 9. .When it is in the best interest of the Local Agency. Prior to approval of the Contractor's request for substitution to the Contract Manager, the Contractor shall give notice in writing to the listed DBE subcontractor of the Contractor's request to substitute and the reasons for the request. The notice shall be served by certified or registered mail to the last known address of the subcontractor. The listed subcontractor who has been so notified, shall have five working days within which to submit written objections to the substitution to the Contract Manager. Failure to respond to a written objection shall constitute the listed subcontractor's consent to the substitution. H. Termination of a DBE In conformance with Federal DBE regulation Sections 26.53(f)(1) and 26.53(f)(2), Part 26, 49 CFR, the Contractor shall not: 1. Terminate for convenience a listed DBE subcontractor and then perform that work with its own forces (personnel), or those of an affiliate, unless the Contractor has received prior written authorization from the Contract Manager to perform the work with other forces or to obtain materials from other sources 2. If a DBE subcontractor is terminated or fails to complete its work for any reason, the Contractor will be required to make good faith efforts to replace the original DBE subcontractor with another DBE subcontractor to the extent needed to meet the contract goal. I. DBE Certification Status If a DBE subcontractor is decertified during the life of the contract, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the contract, the subcontractor shall notify the Contractor in writing with the date of certification. Upon completion of the contract, the Contractor shall complete Exhibit 17-F, of the LAPM, indicating the DBEs certification status and shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Contract Manager within 30 days from the date of completion of the contract. J. DBE Eligibility Toward Goal The dollar value of work performed by a DBE is credited/counted toward the goal only after the DBE has been paid. Credit for DBE Prime Contractors The prime contractor who, is a certified DBE, is eligible to claim the prime contractor's work toward the goal. Credit for Material or Supplies Credit for materials or supplies purchased from DBEs will be as follows: If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward the DBE goal. If the materials or supplies purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward the DBE goal. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies, provided the fees are reasonable and not excessive as compared with fees charged for similar services. Credit for DBE trucking companies will be as follows: -The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible. There cannot be a contrived arrangement for the purpose of meeting the DBE goal. The DBE must itself own and operate at least one fully licensed, insured and operational truck used on the contract. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it.employs. The DBE may lease trucks from another DBE firm, including an owner -operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract. The DBE may also lease trucks from a nonDBE firm, including an owner -operator. The DBE who leases trucks from a nonDBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by the DBE. For the purposes of this paragraph, a lease must indicate that the DBE has exclusive use and control over the truck. This does not preclude the leased truck from working or others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. EXHIBIT G TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The prime Consultant, under penalty of perjury, certifies that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; Does not have a proposed debarment pending; and Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining Consultant responsibility. For 'any exception noted above, indicate below to whoa it applied, initiating agency, and dates of action. NOTE: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal Signing this Proposal on the signature portion thereof shall constitute signature on this Certification. Siture of Consultant EXHIBIT H CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I as the 3erVor Vl� ! ie l and duly authorized representative of the firs of W 11 ''v\ whose address is I'VL'lS Sky u an'iC �,✓T4II,op�lw, O� , and that neither I nor the above firs I here represent has: U (a) Employed or retained for a 'commission, percentage, brokerage, contingent fee, or other consideration, any firs or person (other than a bona. fide employee working solely for me or the above consultant) to solicitor secure this agreement;, (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firs or person in connection with carrying out the agreement; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant).any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the agreement; Except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the State Department of Transportation in cai4ction with this agreement involving participation of Federal Aid Highway funds, and 's subject to applicable State and Federal laws, both cri f al and L ivi ture of Con.ultant Date EXHIBIT "I" CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the City Engineer, Burton S. Myers of the City of National City , and that the consulting firm of Willdan or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person; or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of Federal -aid Highway funds, and is subject to applicable State and federal laws, both criminal and civil. (Date) (Signature) Page 10-39 February 1,1998 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 18, 2001 AGENDA ITEM NO. 7 / ITEM_TITLE RESOLUTION CALLING FOR A PUBLIC HEARING TO DETERMINE THE NECESSITY OF CREATING AN UNDERGROUND UTILITIES DISTRICT(DISTRICT NO. 22) FOR THE PURPOSE OF CONVERTING THE OVERHEAD FACILITIES ALONG 8TH STREET FROM 1-5 TO NATIONAL CITY BOULEVARD, AND ROOSEVELT AVENUE FROM 8TH STREET TO PLAZA BOULEVARD TO UNDERGROUND FACILITIES PREPARED BY Din Daneshfar DEPARTMENT Public Works/Engineering EXPLANATION SEE ATTACHED EXPLANATION Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION glib 1. Establish a date to ht'd a Public Hearing to determine whether Public Health,. Safety, and Welfare require the formation of the District 22. S ff recommends that the public hearing be held on January 22, 2002 2. Direct the City Clerk to send the Notice of Public Hearing to affected properties listed in Exhibit "B". BOARD I COMMISSION RECOMMENDATION Approved By: Finance Director Account No. N/A ATTACHMENTS ( Listed Below) Resolution No. 2001-198 1. Resolution 2. Exhibit "A" - Map of District 22 3. Exhibit "B" - List of the names and addresses of the property owners within the District 22 Calng EXPLANATION: The National City Community Development Department has requested that the utility overhead wires along 8th Street from 1-5 to National City Boulevard, and Roosevelt Avenue from 8th Street to Plaza Boulevard be converted to an underground service area in order to accommodate the proposed National City Education Village project (Proposed District No. 22). San Diego Gas & Electric (SDG&E) has reviewed the parameters of the proposed conversion project and verified that the project complies with the criteria for a 20A conversion. This project will not affect the current planned design and construction of the reminder of the Highland Avenue conversion project On December 4, 2001, the representatives of the City and the utility companies completed a field walk-through and established the conversion boundaries of proposed District 22. The map (Exhibit "A") and impacted properties address list (Exhibit "B") are attached. In compliance with Ordinance NO. 1414 of the City of National City, Staff is requesting a date to hold a public hearing for receiving public comments on whether the public Health, Safety, Welfare require the removal of the poles, and overhead wires and the underground installation of wires and facilities for supplying electrical and communication services within the proposed boundaries of District 22. The cost of the conversion is estimated by SDG&E to be approximately $574,000. The cost will include the conversion of the existing electric meters and panels serving the impacted properties within District 22 boundaries. The underground design and construction costs wilt be paid for by the SDG&E allocation funds for utility underground conversions. RESOLUTION NO. 2001 —198 RESOLUTION ON THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SCHEDULING A PUBLIC HEARING TO CONSIDER THE NECESSITY OF CREATING AN UNDERGROUND UTILITIES DISTRICT (DISTRICT NO. 22) FOR THE PURPOSE OF CONVERTING THE OVERHEAD FACILITIES ALONG 8TH STREET FROM I-5 TO NATIONAL CITY BOULEVARD AND ROOSEVELT AVENUE FROM 8Th STREET TO PLAZA BOULEVARD TO UNDERGROUND FACILITIES WHEREAS, the Community Development Commission of the City of National City ("CDC") has requested that the utility overhead wires along 8th Street from I-5 to National City Boulevard and Roosevelt Avenue from 8th Street to Plaza Boulevard be converted to an underground service area in order to accommodate the proposed National City Education Village Project (Proposed District No. 22); and WHEREAS, San Diego Gas & Electric (SDG&E) has reviewed the parameters of the proposed conversion project and verified that the project complies with the criteria for a 20A conversion; and WHEREAS, in accordance with National City Ordinance No. 1414, Staff requests a public hearing to ascertain whether the public health, safety and welfare require the removal of the poles and overheard wires, and the underground installation of wires and facilities for supplying electrical and communication services within the proposed boundaries of Utility District No. 22. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the time for hearing any and all persons interested in the proposed fee adjustments is hereby set for 6:00 p.m. on January 22, 2002, in the City Council Chambers in the Civic Center, 1243 National City Boulevard, National City, California BE IT FURTHER RESOLVED that the City Clerk of the City of National City, California, is hereby directed to provide notice of the time and place of said hearing in accordance with the law. PASSED and ADOPTED this 18th day of December, 2001. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney EXHIBIT "A" UNDERGROUND UTIU TY DISTRICT NO. 22 8TH STREET FROM 1-5 TO NATIONAL CITY BOULEVARD AND ON ROOSEVELT AVENUE FROM 8TH STREET TO PLAZA BOULEVARD LEGEND: 1018-20 1022-24 1026- 28 BOUNDARY UN UTILITY 12/06/ W. PLAZA 1021-23 (10th ST W 7TH ST STREET W 017 J 1031 A.P.N. EXHIBIT "B" CONVERSION OF OVERHEAD ELECTRIC FACILITIES TO UNDERGROUND ON 8T11 STREET AND ROOSEVELT AVENUE (DISTRICT 22) OWNERS NAMES AND ADDRESS 1. 555-083-17 00 Thrifty Oil Co. P.O. Box 512485 Los Angeles, CA 90051 2. 555-083-06 00 City of National City Community Dev. 140 E. 12'h Street National City, CA 91950 3. 555-085-07 00 4. 555-084-01 00 5. 555-084-02 00 6. 555-084-03 00 7. 555-084-04 00 8. 555-082-01 00 DD:jhal 1)22 Beauchamp Family Trust 327 W. 1Ih1 Street National City, CA 91950 Beauchamp Family Trust 327 W. 11 Street National City, CA 91950 Beauchamp Family Trust 327 W. 11th Street National City, CA 91950 Cosby Thomas H. Jr. 936 National City Blvd. National City, CA 91950 Community Dev. Comm. 140 E. 121 Street National City, CA 91950 Jeanett Rubin Tr. 1560 Via Corona La Jolla, CA 92037 SITE ADDRESS 801 Roosevelt Avenue National City, CA 19 W. 9th Street National City, CA 900 Roosevelt Avenue National City, CA 909 Roosevelt Avenue National City, CA 949 Roosevelt Avenue National City, CA Same 940 National City Blvd. National City, CA 132 W. 8th Street National City, CA BUSINESS HOME/OTHER Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 18, 2001 AGENDA ITEM NO. 8 IrEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY \ AMENDING THE COMBINED GENERAL PLAN/ZONING MAP (APPLICANT: PACIFIC COMMERCIAL MANAGEMENT) (CASE FILE NOS. GP-2001-2, ZC-2001-1) PREPARED BY \ DEPARTMENT Andrew Hoskinson EXPLANATION Planning The City Council conducted a public hearing on December 4, 2001 and approved the amendment to the Combined General Plan/Zoning Map for the Galleria shopping center properties at 2720 E. Plaza Boulevard, including its parking facilities, from Limited Commercial -Planned Development (CL-PD) to General Commercial -Planned Development (CG-PD). The attached resolution is needed to carry out Council's action. An ordinance rezoning certain parcels of real property from CL-PD to CG-PD is also needed and is provided as a separate agenda item for the December 18, 2001 meeting. J Environmental Review Financial Statement N/A N/A Exempt Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Location Map Resolution No, 2001-199 A KO ;g br' RESOLUTION NO. 2001 —199 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE COMBINED GENERAL PLAN/ZONING MAP Applicant: Pacific Commercial Management Case File Nos. GP-2001-2, ZC-2001-1 WHEREAS, the City Council considered the recommendation and findings of the Planning Commission for approval of an amendment to the General Plan to change the land use designations on the Combined General Plan/Zoning Map from CL-PD to CG-PD for approximately 2.7 acres at 2720 Plaza Boulevard and adjacent parking area along with evidence and testimony presented at the duly advertised public hearing held by the City Council on December 4, 2001; and WHEREAS, the Planning Commission and City Council have caused and duly held studies and proceedings for the timely amendment to the General Plan of the City of National City, pursuant to Title 7, Chapter 3, Article 6 of the Government Code of the State of California; and WHEREAS, the Planning Commission at a duly advertised public hearing held on November 5, 2001 considered the proposed amendment to the General Plan of the City of National City, along with all evidence and testimony presented at said hearing, and along with the proposed Notice of Exemption together with any comments received; and WHEREAS, the City Council recognizes the need and desirability to conduct reviews of, and consider amendments to, the General Plan to accommodate the changing needs of the community; and NOW, THEREFORE, BE IT RESOLVED that the City Council finds that the proposed amendment is in the public interest and is consistent with General Plan policy, since the General Plan encourages high intensity commercial and complementary development along major roadways and in community shopping centers. BE IT FURTHER RESOLVED that the City Council hereby amends the Combined General Plan/Zoning Map as follows: From CL-PD (Limited Commercial -Planned Development) to CG-PD (General Commercial - Planned Development) for approximately 117,612 sq. ft. (2.7 acres) of property located on the south side of Plaza Boulevard between Euclid Avenue and Harbison Avenue, and for adjacent street right-of-way, shown as area of proposed change on the Location Map for case file Nos. GP-2001-2 and ZC-2001-1 attached to the Council agenda for December 4, 2001, on file in the Office of the City Clerk. s. Resolution No. 2001 — 199 December 18, 2001 Page 2 of 2 PASSED and ADOPTED this 18th day of December, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CL-PD � \�_/ III • III • s N Euclid Avenue AREA OF PROPOSED CHANGE FROM CL-PD TO CG-PD RM-2-PD IC -OS PALMER WAY ELEMENTARY HOOL I • ZONE BOUNDARIES _ram'—`_ N. N A LOCATION MAP 2720 E. Plaza Blvd - The Galleria GP-2001-2 NATIONAL CITY PLANNING DRN. DATE: 8/1/01 INITIAL HEARING: 8/6/01 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 18, 2001 AGENDA ITEM NO. _ ITEM TITLE RESOLUTION APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR SIX CONDOMINIUMS AT 228 PALM AVENUE. APPLICANT: VENTURE ONE MORTGAGE CORPORATION/CAROLINO INVESTMENT CORPORATION. CASE FILE NO. S-2001-1/CUP-2000-7. PREPARED BY Charley Marchesano DEPARTMENT Planning EXPLANATION The Council voted to approve this application at the December 4, 2001 public hearing. The attached resolution is necessary to follow through on the action. Environmental Review Financial Statement >STAFF RECOMMENDATION Adopt the attached resolution. X NfACategorical Exemption N/A Account No. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listeei Below Resolution Resolution No. 2001-200 A-2C0 RESOLUTION NO. 2001 - 200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR SIX CONDOMINIUMS AT 228 PALM AVENUE APPLICANT: VENTURE ONE MORTGAGE CORPORATION/ CAROLINO INVESTMENT CORPORATION CASE FILE NOS. S-2001-1/CUP-2000-7 WHEREAS, applications were made for approval of a Tentative Subdivision Map and a Conditional Use Permit for six condominiums at 228 Palm Avenue on property generally described as: Lot 52, Block 4, Paradena Park, Map #1404, in the City of National City, County of San Diego, State of California, filed in the Office of County Recorder of San Diego County on February 16, 1912. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a public hearing held on November 19, 2001, and by Resolution recommended conditional approval of the Tentative Subdivision Map and conditionally approved the related Conditional Use Permit; and WHEREAS, the City Council of the City of National City considered said applications at a public hearing held on December 4, 2001 at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2001-1 and CUP-2000-7 which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves the Tentative Subdivision Map and Conditional Use Permit for six condominiums based on the following fmdings: Resolution No. 2001 - 200 Page Two December 18, 2001 FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan, since the proposed development of six residential condominiums on the 18,000 square foot site are allowed by the applicable CL (Limited Commercial) land use category of the General Plan, which allows the use, and since there is no specific plan applicable to the subdivision site. 2. The site is physically suitable for the proposed type of development, since it is relatively flat and large enough to accommodate the proposed units and associated parking and landscaping. 3. The site is physically suitable for the proposed density of development, since other nearby properties are developed at similar densities. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is disturbed and surrounded by urban uses. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the City Council with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. Resolution No. 2001 — 200 Page Three December 18, 2001 FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 18,000 square foot property is large enough to accommodate the proposed six units and the necessary parking area and open space needed. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the property is located on Palm Avenue, a collector street, designed to direct local traffic to nearby arterial streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project complies with setback standards and is of a residential density which is compatible with other uses in the area. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities for home ownership as recommended by the General Plan. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Conditional Use Permit for six condominiums is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map and Conditional Use Permit authorizes the development of six condominium units. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. S-2001- 1/CUP-2000-7, dated 10/4/2001. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. A grading plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Resolution No. 2001 - 200 Page Four December 18, 2001 Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains shall be undertaken in accordance with the NPDES regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 4. All surface run-off, including landscaping adjoining the public right-of-way, shall be collected by approved drainage facilities, and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run- off resulting from this development. 5. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk or streets. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner, its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 6. For PVC irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surfaced and the top of the lines. 7. An NPDES permit is required for discharges of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project. 8. A soils engineering report shall be submitted for review and approval by the City Engineer. The report shall address the stability of all the existing and proposed slopes on the property. It shall also address the stability of the building pads, the criteria for new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, parking areas, and driveways. At a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with Regional Standard Drawing G-24 with National City modifications. All soils report findings and recommendations shall be part of the Engineering Department requirements. Resolution No. 2001 - 200 Page Five December 18, 2001 9. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of-way shall be six inches in size with a clean -out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 10. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. The abandoned driveway shall be replaced by curb, sidewalk, and gutter. 11. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the grading construction on private property. 12. A cost estimate shall be submitted to the Engineering Department with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, and landscaping work shall be posted. Three percent (3 %) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 13. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property. 14. The final map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 15. The subdivider shall submit an approval letter from Sweetwater Authority stating that fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 16. The developer shall bond for the monumentation, the public improvements and the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 17. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 18. The final map shall be recorded prior to issuance of any building permit. 19. All new property line survey monuments shall be set on private property, unless otherwise approved. 20. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. Resolution No. 2001 - 200 Page Six December 18, 2001 21. Smoke detectors shall be installed in all sleeping areas and hallways leading to them. 22. A fire sprinkler system shall be installed to comply with Fire Department requirements unless otherwise approved by the Fire Department. 23. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 24. A trash enclosure shall be provided in accordance with City standards. It shall have a stucco exterior to match the building. 25. Exterior walls of buildings and trash enclosures to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 26. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 27. The developer shall provide a declaration of covenants, conditions and restrictions, running with the.land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common areas including parking areas, walks, and landscape areas, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefor as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated casts. 28. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 29. A pedestrian access gate shall be provided at the property entrance. Resolution No. 2001 - 200 Page Seven December 18, 2001 30. Before this Tentative Map and Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Map and Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Map and Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 31. Approval of the Tentative Map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension for the Tentative Map not exceeding three (3) years has been filed as provided by Section 66452.6(e) of the California Government Code. Approval of the Conditional Use Permit shall be considered expired or extended concurrent with the Tentative Map. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 18th day of December, 2001. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: 4 L.: _ Michael Dalla, City Clerk George H. Eiser, III City Attorney N/A City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 18, 2001 AGENDA ITEM NO. 10 ITEM TITLE WARRANT REGISTER #23 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #23 per Government Section Code 37208. CEnvironmental Review Financial Statement Not applicable. Approved By: Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $238,985.46. '-,- BOARD / COMMISSION RECOMM NDATION‘26, z ATTACHMENTS ( Listed Below ) 1. Warrant Register #23 2. Workers Comp Warrant Register dated 11/28/01 Resolution No. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 18, 2001 11 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #24 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #24 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance •ire r Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $1,289,517.79. BOARD / COMMISSION REdCOMMENDA ION ATTACHMENTS ( fisted Below ) I. Warrant Register#24 2. Workers Comp Warrant Register dated 12/05/01 3. Payroll Warrant Register dated 12/05/01 Resolution No. A-200 ,9 99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 18, 2001 AGENDA ITEM NO. 12 %ITEM TITLE CLAIM FOR DAMAGES: Avis Marie White PREPARED BY Michael R. Dalla, CMG DEPA RTMENT City Clerk EXPLANATION The claim of Avis Marie White arises from an occurrence on May 16, 2001 and was filed with the City Clerk's Office on November 16, 2001 . Environmental Review Financial Statement N/A XX N/A Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A-200 (9,80 City of National City, California COUNCIL AGENDA STATEMENT 'METING DATE December 18 2001 AGENDA ITEM NO. 13 1-ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH JEFF KATZ ARCHITECTURE TO PERFORM CONSULTING SERVICES FOR THE DESIGN OF THE FIRE STATION FACILITY AND TO ASSIST WITH THE CONSTRUCTION MANAGEMENT OF THE FACILITY AND AUTH IZING A DISBURSEMENT OF $1,000,000 FROM A HUD SECTION 108 LOAN PREPARED BY DEPARTMENT Stephen Kirkpatrick Public Works/Engineering Chief Randy mble Fire Ben Martinez CDC EXPLANATION See attached explanation CEnvironmental Review __( N/A See attached environmental statement. Financial Statement See attched financial statement STAFF RECOMMENDATION Adopt the Resolution approving both the Fire Station Design Agreement with Jeff Katz Architecture and approving the Section 108 Loan Disbursement of $1,000,000. Approved By: Finance Director Account No. _ BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Contract HUD Section 108 Loan Approval Resolution No. 2001-201 EXPLANATION: In accordance with prior City Council direction of July I7, 2001, City and CDC Staff have moved forward with the selection of an Architectural Team to accomplish the design of the new Fire Station Headquarters Facility and assist with the construction management of the facility. Also in accordance with City Council direction of the same date, Staff has moved forward with making application and receiving approval for a HUD Section 108 Loan to fund the facility. The Fire Station Facility will be designed and constructed as a Headquarters facility, to include Fire Department Operations Personnel, Fire Inspectors, Fire Marshal, Fire Division Chiefs, and Equipment, and Fire Support Services Personnel. It will also house the City's Emergency Operations Center (EOC), which must be relocated out of the lower level of the City Hall Building due to the City Hall not being designed to Uniform Building Code "Essential Services" requirements. Also, in accordance with City Attorney direction, the new facility will be designed to meet all American with Disabilities Act requirements. The estimated cost of the facility including design, construction, furnishings, and land acquisition is estimated at approximately $6.9 Million. The City advertised a Request for Qualifications (RFQ) to select a consulting firm to provide the required services. Nine consulting firms submitted a Statement of Qualifications in accordance with the RFQ requirements. The nine firms were: CCBG Architects Don Dommer Associates HB&A Architects Jeff Katz Architecture Martinez + Cutri Nicoloff and Associates Robbins Jorgenson Christopher Safdie Rabines Architects WLC Architects San Diego, Ca. Oakland, Ca. Escondido, Ca. San Diego, Ca. San Diego, Ca. San Diego, Ca. San Diego, Ca. San Diego, Ca. Rancho Cucamonga, Ca. A selection committee consisting of Fire Chief Randy Kimble, Assistant Director of Public Works/Engineering Stephen Kirkpatrick, Associate Engineer Michael Long, and Fire Department personnel reviewed the statements and decided to interview five of the firms. As a result of the interviews, Jeff Katz Architecture was the unanimous choice tc provide the required services. Jeff Katz Architecture has previously provided architectural services on similar facilities for Chula Vista, La Mesa, and San Diego. The quality of their work has been excellent. The selection committee then entered into negotiations with the selected firm and agreed upon the required Scope of Work and the corresponding fee. In summary, the Scope of Work includes all the work necessary to design the facility and assist in the management of the construction of the facility. It does not include land acquisition services or tenant relocation during construction. Community Development Commission staff will assist the City with the issue of land acquisition. The Consultant's Scope of Work and fee proposal is detailed fully in the attached contract document. It is recommended that a loan disbursement from the Section 108 Loan be authorized to cover the costs of the Architect's fees. In addition, staff is recommending that an additional $522,500 be dispersed from the $6.9 million Section 108 Loan to provide for a project design contingency and for the required property acquisition costs. Council must execute loan agreements and notes before any loan disbursements are possible. ENVIRONMENTAL REVIEW: HUD funding required an environmental assessment under the National Environmental Protection Act (NEPA). The analysis resulted in a Finding of No Significant Impact (to the environment). Additional environmental review will be required per the California Environmental Quality Act (CEQA) when the development plans are finalized. FINANCIAL STATEMENT: The total cost of the new Fire Station Facility is approximately $6,900,000. This is also the amount of the HUD Section 108 Loan. It is recommended that $1,000,000 of the $6,900,000 Loan be disbursed at this time. The fee agreed upon to perform the Professional Architectural Services is $477,500. $522,500 should also be dispersed to cover the cost of the required land acquisition and to establish a design contract contingency fund. After approval of the section HUD Section 108 Loan disbursement, an expenditure account will be established for this project. If the authorization to make a partial HUD Section 108 Loan disbursement request is approved today, then funds will become available in 60 to 90 days. Loan agreements and notes will be presented to the Council as soon as possible for execution. At this time, the annual debt service repayment of the Section 108 Loan is proposed to come from the City's CDBG entitlement of approximately $1.4 million per year. The amount used for repayment will depend on how much of the 108 Loan is actually borrowed. For example, payments for a $1 million loan will be approximately $85,000 annually for 20 years. Payments on a $6.9 million 108 Loan over 20 years will be approximately $600,000 annually. RESOLUTION NO. 2001 - 201 RESOLUTION ON THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JEFF KATZ ARCHITECTURE TO PERFORM ARCHITECTURAL AND ENGINEERING SERVICES FOR THE MAIN FIRE STATION PROJECT AND TO ASSIST WITH THE CONSTRUCTION MANAGEMENT OF THE PROJECT, AND AUTHORIZING A DISBURSEMENT OF $1,000,000 FROM A HUD SECTION 108 LOAN TO FUND THE FACILITY WHEREAS, the City desires to employ a consultant to provide professional architectural and engineering services for the National City Main Fire Station Project; and WHEREAS, the City has determined that Jeff Katz Architecture is qualified by experience and ability to perform the services desired by the City, and Jeff Katz Architecture is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Jeff Katz Architecture to provide professional architectural and engineering services for the National City Main Fire Station Project. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that $1,000,000 of the $6,900,000 HUD Section 108 Loan be disbursed at this time to fund the facility. PASSED and ADOPTED this 18th day of December, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND JEFF KATZ ARCHITECTURE ORIGINAL THIS AGREEMENT is entered into this 18th day of December 2001 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Jeff Katz Architecture (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to perform Architectural and Engineering Services for the National City Main Fire Station Project. WHEREAS, the CITY has determined that the CONTRACTOR is a Professional Architectural Engineering 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 Attachment 1. 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. 3. PROJECT COORDINATION AND SUPERVISION. Mr. Stephen M. Kirkpatrick 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. Mr. Jeff Katz 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 described in Attachment 1 shall not exceed the schedule given in Attachment 1 without prior written authorization from the City's Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Attachment 1 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. Contractor shall provide services per the schedule as set forth in Attachment 1. The project shall be complete by January 31, 2004. 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. Page 2 Revised 5/99 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 he 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 Page 3 Revised 5/99 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 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. B. The CONTRACTOR warrants to the CITY that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. 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 Page 4 Revised 5/99 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 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 negligent 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: occurrence. A. Professional liability insurance with minimum limits of $1,000,000 per Page 5 Revised 5/99 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 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. 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 Page 6 Revised 5/99 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. 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 he 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 Page 7 Revised 5/99 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: To the CONTRACTOR: Burton S. Myers City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Mr. Jeff Katz, Principal Jeff Katz Architecture 7290 Navajo Road, Suite 106 San Diego, CA 92119 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. Page 8 Revised 5/99 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. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. -Attatchment 1 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 parry'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 Page 9 Revised 5/99 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. JEFF ' ATZ AR.. ITECTURE By: .— CO'4 /Preside t/Vice President rrcff6, yob 7afa— Secretary/Ass .-S retary/CFO/Asst. Treasurer CITY OF NATIONAL CITY By: George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Page 10 Revised 5/99 ATTACHMENT 1 Jeff Katz Architecture November 29, 2001 Mr. Stephen M. Kirkpatrick Assistant Director of Public Works/Engineering The City of National City Department of Public Works 1243 National City Boulevard National City, CA 91950 RE: Architectural Services National City Main Fire Station Scope of Work and Fee Proposal Dear Steve: Per your request I have reviewed our proposal and adjusted it to reflect the scope of work as we discussed. I am pleased to present the following proposal for consulting services. This proposal is based on the requirements for Schematic Design, Design Development, Construction Documents, Bidding and Construction Administration services. I have based this proposal on the preliminary requirement to design a facility to house up to 10 personnel, as well as operational and administrative facilities. It is understood at this time that it is the City's intent to have the station designed to meet full ADA Accessibility requirements, which will likely impact both the proposed square footage, as well as the construction cost for the project. We are proposing to offer the following scope of services: SCHEMATIC DESIGN PHASE Meet with Fire Department Design Committee to discuss examples which the committee has seen on their tour of existing stations in the County, to review areas which the Fire Department feels are examples of both good and poor design elements. Hold "Brainstorming" sessions with City of National City Fire Department and City of National City Public Works Department personnel to discuss features of the new station design in order to develop a detailed program for the project. 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Main Fire Station November 29, 2001 Page 2 Review preliminary space needs analysis prepared previously and verify the square foot requirements for facility. The actual design of the station will be based on the results of our analysis. Meet with City of National City Fire Department to discuss budget, program and exterior design issues. Perform preliminary code and zoning review. Meet with City Building and Planning Departments to review all requirements including design requirements and building accessibility issues. The purpose of this meeting will also be for the City to identify potential design issues and concerns before starting our design work. Meet with Engineering Department to review potential Right -Of -Way improvements. Develop Preliminary Building Floor Plans and Building Elevations. Develop conceptual site drawings indicating placement of structures and amenities on site. This will include the following: Investigate existing site conditions. Develop preliminary site and utility plans indicating building site orientation, site ingress and egress, and site utility information. Prepare preliminary grading plans (based on City provided Topo information). Prepare preliminary landscape and hardscape plans. Develop preliminary Cost Estimates based upon building systems. The estimates prepared at this phase will be generally square foot cost estimates for the various building components, and will include a design development contingency (to allow for potential increases as the design is refined further in the later stages of the project). Provide a written preliminary evaluation of the project, schedule and construction budget. Meet with City of National City Fire Department and City of National Public Works Department to review proposed site and building design. Make required modifications resulting from review. Jeff Katz Architecture 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Main Fire Station November 29, 2001 Page 3 Make required submissions to the City of National City (30% submittal). Drawings required for this submittal will include: Site Plan Schematic Floor Plan Schematic Building Elevations Conceptual Landscape Plans Preliminary Grading and Drainage Plans Exterior Color and Material Sample Boards Written description of proposed structural, mechanical and electrical systems to be utilized in the project These drawings will include color and material callouts, as well as a colored building elevation drawing and colored Landscape drawings. No models or rendered drawings are included in this submittal to the City. Make required presentations to City of National City Planning / City Council to review proposed design. For the purpose of this proposal it is assumed that two design presentations will be required. Make required modifications to Schematic Design in order to obtain Schematic Design approval. It is assumed that required changes are minor in nature and will not require complete re -submittal to City other than for record purposes. After obtaining written approval of Schematic Design we will proceed into Design Development. DESIGN DEVELOPMENT PHASE Refine design of Floor Plan, Building Elevations and Site Plan. Coordinate building and site requirements with Geotechnical Engineer. Develop structural system consistent with design concept. Develop building mechanical, plumbing and electrical systems consistent with design concept. Coordinate with City systems for phone/data/cable and station alerting requirements. Jeff Katz Architecture • 7290 Navajo Road, Suite 106 - San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Main Fire Station November 29, 2001 Page 4 Prepare preliminary Interior Elevations, Building Sections, Reflected Ceiling Plan and Roof Plan. Prepare preliminary interior material and color boards for review and selection. Furniture: As part of the outfitting of the completed building, we will provide a listing of required furniture, selected and color coordinated with the building design. Scope of work will include meetings as necessary to review requirements and present selections, development of furniture specifications and assistance with bidding furnishings to selected suppliers. Also included will be coordination with the Fire Department and City Purchasing Department to coordinate ordering and delivery of these materials. Furnishings are considered to be all elements not "attached" to the building. These items will not be included in the construction documents and will be bid out separately through the City Purchasing Department. Prepare preliminary line item Construction Cost Estimate based on actual building components. This estimate will be more detailed than the systems estimate prepared during schematic design. Make required submittal to City of National City for Design Development Review (60% submittal). Review meetings with City of National City as required to review status of project. After obtaining written approval of the information presented in the Design Development drawings, we will proceed into Construction Documents. CONSTRUCTION DOCUMENTS PHASE Prepare drawings and specifications suitable for bidding to clearly delineate the Contractor's scope of work, including required civil, architectural, structural, mechanical, plumbing, electrical and landscape design (See Exhibit "A" for proposed drawing and specification list). It is assumed for this proposal that the City of National City will provide all required General and Supplementary Conditions and Bidding Information. Prepare demolition plans for the demolition of all existing structures located within the block bounded by C, D, 15th and 16th Streets. For the sake of this proposal it is assumed that these plans will be incorporated into the new construction package and not issued as a separate set of documents. Demolition plans will incorporate recommendations for removal of hazardous materials (Lead and Asbestos only) as identified by the Environmental consultant. Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Main Fire Station November 29, 2001 Page 5 Construction Documents will incorporate Geotechnical requirements and recommendations for soils preparation, foundation and paving design. Provide documentation of "General Construction Activity Storm Water Pollution & Prevention Plans" and "Notice of Intent". Submit plans to local utility companies for review and approval. (Note: Any required Utility Company fees are not included). Submit plans to City of National City Building Department for plan check, and perform all required revisions to construction documents based on Building Department's plan check comments (Note: plan check and permit fees are not included). Update Construction Cost Estimate. Meet with City of National City as required to review final design and construction documents. BIDDING PHASE Provide final original drawings (mylars) and specifications for use in bid packages. For this proposal it is assumed that the City of National City will advertise, assemble and distribute bid packages. Interpret and clarify contract documents for contractors, and assist in issuing addenda as required. Attend a Pre -Bid walkthru at the site with all interested contractors. Participate in bid opening, review contractor's detailed cost breakdown, and assist the City of National City in evaluation of the bids. CONSTRUCTION ADMINISTRATION PHASE Construction contract administration services are based on a Twelve month construction period, from Authorization to Proceed through Punchlist Inspection. The following services will be provided: Attend Pre -Construction conference. Jeff Katz Architecture - 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Main Fire Station November 29, 2001 Page 6 Review and approve or take other appropriate action upon Contractor's submittals and shop drawings as required by contract documents. Interpret contract documents (including all subconsultant disciplines) for proper execution and progress of construction, including responding to contractor's requests for information and clarification. Make one scheduled site visit every week during the course of construction (total of 52) to observe the project, and prepare site visit report. Site visit shall include meeting with contractor, City and Fire Department representative to review progress of construction, review pending RFI and Change Order information, and observe the construction to verify work is proceeding in accordance with construction documents. Provide two site visits per discipline (by the respective engineers) for civil, structural, electrical, mechanical and Landscape Architecture, to review progress of construction and conformance with construction documents. Make one additional site visit to perform Punchlist Inspection, and one additional visit to perform Final Inspection. Punchlist Inspection will include a detailed listing of all items remaining to be completed by the Contractor. Final Inspection will certify that all work has been completed in accordance with construction documents. Assist City in review of Contractor's initial and progress schedules. Assist in reviewing and processing contractors progress payment requests, and certifying the amounts due to the Contractor. Process contractors As-Builts, warranty information and related information by forwarding them to the City. ADDITIONAL SERVICES TO BE PROVIDED ON AN HOURLY BASIS The following items are not included in the Basic Services, and will be provided as additional services only after written authorization is received. Unless a subsequent fixed fee proposal is provided, the work will be done on an hourly basis per the attached Hourly Rate Schedule (Exhibit 'B'). Revisions to Schematic Design or Contract Documents resulting from Owner requested changes to documents previously approved by the Owner, or due to code or zoning changes made subsequent to Owner approval. Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Main Fire Station November 29, 2001 Page 7 Preparing separate construction document packages for "fast -tracking" construction work, preparing additional documents for alternate bid items, or for preparing documents in connection with temporary facilities to house Fire personnel during design and construction. Services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size, quality, complexity, schedule, or the method for bidding and contracting for construction. Processing change requests for Owner requested changes, and for unforeseen site conditions, after bid, including revisions to Contract Documents, processing approval of revisions through the Building Department, and Change Order negotiation. Providing services in conjunction with evaluating substitutions proposed by the Contractor, and making subsequent revisions to Contract Documents resulting from such. Construction site visits provided in excess of the visits defined under the Construction Administration Phase which are requested by the City, or made necessary through delays in the construction schedule or other elements outside the control of the Architect (for either Architect or subconsultant engineers). Providing services made necessary by the default of the Contractor, by major deficiencies in the work of the Contractor, or by failure of performance of either the Owner or the Contractor under the Contract for Construction. Providing services in conjunction with arbitration proceedings or legal proceedings, except where the Architect is a party to such proceedings. Providing "Special Inspection" services required by law or the Contract Documents. Services of a Traffic Engineering Consultant if required by project design or City requirements. Preparation of drawings for work beyond the project boundary (site and immediate street frontage). Environmental Investigation Services to analyze the existing Fire Station and site for the presence of contaminated soils. Services in conjunction with any required discretionary approvals. Jeff Katz. Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Main Fire Station November 29, 2001 Page 8 Preparation of Boundary Surveys, Title Reports, Deeds or other documents in conjunction with the project site. Plan check and permit fees (if paid by the consultant) will be a reimbursable expense, charged at 1.1 times the Consultant's cost. All delivery, printing and reproduction costs will be a reimbursable expense, charged at 1.1 times the Consultant's cost. In addition to the items noted above, the following items will be provided as part of the Basic Services: A topographic survey will be provided which will consist of site topography, obtaining invert elevations for existing utilities, horizontal and vertical location of existing surface features and improvements. Civil Engineering services for off -site improvements consisting of preparation of public improvement Documents for work in the right-of-way along C Street, D Street and 16th Street. Anticipated work will include cross sections of these streets to incorporate curb, gutter and sidewalk modifications. Also included is additional topo survey information for the required cross sections in order to establish grades for the new improvements. Provide Geotechnical Investigation Services as follows: Research existing and readily available records pertaining to the site to aid in evaluating geologic hazards which may be present. Drill approximately nine small diameter borings to a depth ranging from 10 to 20 feet and sample the prevailing soils. Perform laboratory tests on selected soils to evaluate in -situ density, shear strength, compaction and expansion characteristics of the soils encountered. An R-value test will also be performed to evaluate preliminary pavement sections. Prepare a written report documenting the findings and making recommendations regarding Geotechnical aspects of developing the property. Environmental Investigation Services to analyze all existing structures located within the block bounded by C, D, 15th and 16th Streets for the presence of asbestos or lead containing building materials. Services will include inspection of facilities, sampling and lab testing of sampled materials. The findings from this survey will be incorporated into demolition plans for the project. Jeff Katz Architecture • 7290 Navajo Road, Suite 106 - San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Main Fire Station November 29, 2001 Page 9 I propose to provide the stated basic services for a fixed fee of Four Hundred Seventy Two Thousand Five Hundred Dollars ($472,500.00). Invoices will be submitted monthly, in a format acceptable to the City, for the percentage of work completed during the month, on any particular phase. The proposed breakdown for the Basic Services charges will be as follows: Schematic Design Phase $85,000.00 Design Development Phase $60,000.00 Construction Documents Phase $238,500.00 Bidding Phase $4,500.00 Construction Administration Phase $51,000.00 Process As-Builts & Warranty Info $3,000.00 Topographic Survey $6,000.00 Public Improvement Plans $8,500.00 Geotechnical Investigation and Report $8,500.00 Environmental Investigation and Report $7.500,00 TOTAL $472,500.00 In addition to the Basic Services offered above, the following items will also be provided: It is difficult to anticipate blueprinting expenses for submittals to the City. Per our previous discussions, it is anticipated that 6 sets will be required for the schematic submittal (30%), 6 sets required for the design development submittal (70%) and 6 sets required for the Building Department submittal. In addition, one set of original mylars is required for bidding. All bid sets will be provided by the City. Based on this we are estimating the reimbursable expenses for blueprinting and delivery not to exceed Five Thousand Dollars ($5,000.00). SUBCONSULTANTS The following subconsultants are proposed for use on this project. Civil Engineering: Structural Engineering: Mechanical Engineering: Electrical Engineering: Landscape Architecture: Geotechnical: BDS Civil Engineers, Gordon Axelson, Vice President Simon Wong Engineering, Simon Wong, Principal (MBE) Walsh Engineers, Gene Walsh, Principal ILA+Zammit, Larry Zammit, Principal Parterre, Patrick O'Connor, Principal (WBE) Geocon, Inc. Joe Vettel, PE Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Main Fire Station November 29, 2001 Page 10 As you probably know, definition of construction cost is always an issue on projects. I have included as Exhibit'C' a further description of responsibility with respect to the budget and construction cost for this project. The definitions listed are from the AIA Document B141, Owner/Architect Agreement. Although we will not be using the AIA document for our contract, these definitions are useful to understanding what the design team and the Owner's responsibilities are and should be a part of the final contract for the project. Prior to our starting work on this project I will need from you a clearer definition of what the actual "hard dollar" construction budget is expected to be. As part of our Schematic Design services, we will then prepare preliminary estimates, and a report indicating what we expect the project cost will be to include all the requested program elements. At that time we will work with you to adjust the project scope or modify the budget to fit. I am available to meet with you at any time to review and discuss the proposed scope of services and fee proposal. As you know, I am excited to be working with you on this project. If you have any questions regarding this scope of work please do not hesitate to contact me at (619) 698-9177. Respectfully, Jeff Katz, AIA Principal Jeff Katz Architecture • 7290 Navajo Road, Suite 106 - San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 Exhibit "A" DRAWING AND SPECIFICATION LIST It is anticipated that the following drawings will be provided. This list is not intended to be a complete list of all actual drawings provided. Final drawings will be as required to convey all pertinent information. ivI Civil Title Sheet Grading Plan Drainage and Utility Plan Horizontal Control and Site Plan Details Landscape Planting Plan Irrigation Plan Details Architectural Title Sheet • Site Plan Demolition Plans Hardscape Plan Site Details Floor Plans (2 floors) Dimensioned Floor Plans (2 floors) Reflected Ceiling Plans (2 floors) Roof Plan Exterior Elevations Building Sections Wall Sections (4 sheets) Large Scale Plans Interior Elevations (6 sheets) Finish Schedule/Door Schedule/Window Schedule Details (9 sheets) Structural Typical Structural Notes Foundation Plan Framing Plans (2 floors) Details Mechanical HVAC Schedules • HVAC Floor Plans Details Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Fire Station #5 Exhibit "A" Plumbing Plumbing Schedules Plumbing Site Plan Plumbing Floor Plans Details Electrical Electrical Site Plan Power Plans Lighting Plans Signal Plans Panel Schedules/Details It is anticipated that the following specification sections will be provided (Note: All Bidding and Contract Procedure Documents to be provided by City of National City): DIVISION 01 - GENERAL REQUIREMENTS 01010 Summary of Work 01200 Project Meetings 01300 Submittals 01310 Schedules and Reports 01410 Testing and Inspection 01500 Construction Facilities 01600 Material and Equipment 01630 Substitutions and Product Options 01700 Construction Procedures 01710 Contract Closeout 01710 Cleaning 01720 Project Record Documents 01740 Warranties DIVISION 02 - SITEWORK 02050 Demolition 02080 Asbestos and Lead Paint Removal (if required) 02100 Site Clearing 02220 Earthwork for Structures & Pavements 02233 Graded Crushed Aggregate Base Course for Pavements 02280 Termite Control 02514 Portland Cement Concrete Paving 02225 Excavating, Backfilling & Compacting for Utilities 02540 Pavement Markings & Related Signs Jeff Katz Architecture 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Fire Station #5 Exhibit "A" 02620 Concrete Curbs, Gutters and Walks 02660 Exterior Water Distribution System 02720 Storm Drainage System 02730 Exterior Sanitary Sewer System 02810 Irrigation System 02832 Automatic Gate Operators 02900 Landscaping DIVISION 03 - CONCRETE 03310 Concrete Work DIVISION 04 - MASONRY 04320 Concrete Unit Masonry DIVISION 05 - METALS 05120 Structural Steel 05500 Metal Fabrications DIVISION 06 - WOOD 06100 06181 06200 DIVISION 07 07175 07200 07500 07620 07720 07810 07920 DIVISION 08 08110 08210 08331 08520 08710 08800 Rough Carpentry Glue Laminated Members Finish Carpentry - THERMAL AND MOISTURE PROTECTION Water Repellent Coating Building Insulation Membrane Roofing Flashing and Sheet Metal Roof Accessories Unit Skylights Sealants - DOORS AND WINDOWS Metal Doors and Frames Wood Doors Sectional Overhead Doors Aluminum Windows Finish Hardware Glazing Jeff Katz Architecture - 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 - Fax (619) 698-9178 National City Fire Station #5 Exhibit "A" DIVISION 09 - FINISHES 09100 Metal Support Systems 09200 Lath and Plaster 09250 Gypsum Wallboard 09330 Ceramic Tile 09510 Acoustical Ceilings 09650 Resilient Flooring 09680 Carpeting 09900 Painting DIVISION 10 - SPECIALTIES 10202 Metal Wall Louvers 10350 Flagpoles 10440 Identifying Devices 10500 Metal Lockers 10520 Fire Extinguishers and Cabinets 10800 Toilet Accessories DIVISION 11 - EQUIPMENT 11450 Kitchen Equipment DIVISION 12 - FURNISHINGS 12511 Window Blinds (Divisions 13 Not Used) DIVISION 14 - CONVEYING SYSTEMS 14200 Elevators DIVISION 15 - MECHANICAL 15010 Mechanical General Requirements 15100 HVAC 15200 Plumbing 15300 Fire Protection 15680 Fuel Storage Tanks 15885 Vehicle Exhaust Removal System Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Fire Station #5 Exhibit "A" DIVISION 16 - ELECTRICAL 16010 Electrical General Provisions 16150 Emergency Standby Generating System 16200 Power Distribution Equipment 16300 Basic Materials and Methods 16400 Wiring Methods, Raceways and Conductors 16600 Lighting 16710 Cable TV Cable 16730 Fire Alarm System 16740 Public Address System 16750 Telephone System Rough -In 16800 Utilization Equipment Jeff Katz Architecture • 7290 Navajo Road, Suite 106 - San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 Exhibit "B" HOURLY RATE SCHEDULE The following rates apply to work performed on an hourly basis. Principal Architect Project Manager Specification Writer Construction Administrator Drafter Secretarial Structural Engineer Civil Engineer Mechanical Engineer Electrical Engineer Landscape Architect $ 120.00 per hour $ 85.00 per hour $ 85.00 per hour $ 90.00 per hour $ 65.00 per hour $ 40.00 per hour $ 120.00 per hour $ 100.00 per hour $ 115.00 per hour $ 115.00 per hour $ 100.00 per hour Reimbursable Expenses will be charged at 1.1 times the direct cost. Note: These rates will remain in effect until December 31, 2002, at which time they may be adjusted as a result of salary reviews. Jeff Katz Architecture • 7290 Navajo Road, Suite 106 - San Diego, California 92119 (619) 698-9177 - Fax (619) 698-9178 Project Analysis Project: National City Main Fire Station Date: 11/14/01 Project Number: 011101 Phase PA PM JC DR SCHEMATIC DESIGN Meet with FD Design comittee 2 2 Review space needs assessment 4 4 Meet with Building Department 2 4 Meet with Engineering Department 2 4 Perform Code and Zoning review 1 2 Design Workshops 8 81 Develop Building Floor Plans 12 32 24 Develop Site Plan 12 32 24 Develop prelim elevations 8 32 32 Develop Prelim Building Sections 8 16 24 Prepare drawings for Concept submittal 12 24 60 Prepare Color/Material Boards 2 4 4 Design presentations 12 12 Concept Cost Estimate 8 Written evaluation of project 8 Meetings with Fire Staff 12 8 Meet with Engineering Dept 12 8 Revise Schematic Submittal 4 24 40 Consultant Coordination 8 16 Total Hours 137 0 264 209 Hourly Rate $95 $95 $75 $60 Total $13,015 _i S0 $19,800 $12,480 total Fee - Schematic Design $45,296 DESIGN DEVELOPMENT Site Plan 8 16 40 Building Floor Plans 8 24 40 Building elevations 4 16 32 Building Sections 8 24 40 Reflected Ceiling Plan 4 8 _ 16 _ -- Roof Plan 4 — 8 161-- _- _ Interior Elevations 8 16 32 Cost Estimate 4 32 Outline Specification Develop furnishings list/selections 16 40 32 Review Furnishings with City 8 —_-8 16 ---_. Design Development Review/meetings — 8 _ Consultant meetir_i s 8 16 Prepare DD submittal 8 8 16 Meetings with City 12 8 Total Hours 108 0 240 264 Hourly Rate $95 $85 875 $60 — _ — Total $10,260 SO $18,000 $15,840 Total Fee - Design Development $44,100 — L.---_..-- __ -.-- — ---- ....— .�- --- -- --- ---- .� L--- Project Analysis Project: National City Main Fire Station Date: 11114/01 Project Number: 011101 _ Phase PA PM JC DR CONSTRUCTION DOCUMENTS DRAWINGS Title Sheet 1 2 8 Site Plan 4 8 20 Site Plan 4 8 20 Hardscape Plan 2 4 8 Hardscape Plan 2 4 8 Hardscape Plan 2 4 -_ 8 Site Details 4 8 24 Site Details 4 8 24 Site Details 4 8 24 1st Floor Plan 2 8 16 1st Floor Plan 2 8 16 2nd floor plan 2 8 16 Dimensioned 1st Floor Plan 2 8 16 Dimensioned 2nd Floor Plan 2 8 16 Dimensioned 1st Floor Plan 2 8 16 1st floor Reflected Ceiling Plan 2 4 8 2nd floor Reflected Ceding Plan 2 4 8 Roof Plan 2 8 12 Exterior Elevations 8 16 24 Exterior Elevations 8 16 24 Building Sections 8 16 32 Building Sections 8 16 32 Wall Sections 1 2 8 Wad Sections Wad Sections 1 2 8 1 1 2 8 Wall Sections 2 8 Wall Sections 1 2 2 8 Wall Sections 1 8 Lar a Scale Plans 2 4 12 Large Scale Plans 2 2 4 12 La r a Scale Plans 4 12 La r a Scale Plans 2 41 12 La r a Scale Plans 2 4 12 La r Scale Plans 2 4 12 _ Interior Elevations 2 2 4 8 Interior Elevations 4 8 Interior Elevations 2 2 4 8 8 Interior Elevations 4 Interior Elevations 2 4 8 Interior Elevations 2 4 8 Interior Elevations 2 4 8 Room Finish Schedule 4 8 16 Room Finish Schedule 4 8 16 Door & Window Schedule 4 12 24 Details 2 4 16 Details 2 4 16 16 • Details 2 4 Project Analysis Project: National City Main Fire Station Date: 11/14/01 Project Number: 011101 Phase PA PM JC DR Details 2 4 16 Details 2 4 16 Details 2 4 16 Details 2 4 16 Details 2 4 16 Details 2 4 16 Details 2 4 16 Sub Total 141 0 314 772 SPECIFICATIONS Write Specifications - 56 Sections 80 Review Specifications - 42 Sections 40 Edit General Conditions 8 Edit Supplemental Conditions a MISCELLANEOUS Final Cost Estimate 4 24 Process Permits 2 8 24 Quality Control Review 40 40 Review Meetings 16 16 l Coord consultants 12 16 Total Hours 361 0 418 796 Hourly Rate $95 $85 $75 $50 Total 533,345 $0 $31,350 $47,760 Total Fee - Construction Documents $112,455 DEMO PLANS As -Built exlstingwlldinjs 8 24 40 Demolition plans 4 24 60 ___ _ — Specifications 8 2 Cost Estimate 16 22 100 $60 Total Hours 0 64 Rate $95 $85 $75 — $4,800 --_Hourly Total $2,090 — SO — $6,000t — -11 Total Fee - Demo Plans 512,890 Project Analysis Project: National City Main Fire Station Date: 11/14101 Project Number: 011101 Phase PA PM JC DR BIDDING PHASE Prepare sets for printing 2 2 8 Distribute Bid packages 0 Answer Bidders Questions 6 12 Pre -Bid Walkthru 6 6 Bid opening 2 2 Review Bids 4 4 Total Hours 20 0 26 8 Hourly Rate $95 $85 $75 $60 Total $1,900 $0 $1,950 $480 Total Fee - Bidding Phase $4,330 CONSTRUCTION ADMINISTRATION PHASE Pre Construction Meeting 4 4 Review Submittals 8 40 40 Answer RFI's 16 60 24 Site Meetings (52 visits x 3 hrs) 156 Write field reports 104 Review and Approve Pay Requests 16 Punchlist Inspection 16 16 _ Final Inspection 8 8 Review schedules 8 As-Builts/Warranties, etc. 8 16 32 Total Hours 68 0 420 96 Hourly Rate $95 $85 675 $60 Total $6,460 $0 $31,500 $5,760 Total Fee - Const. Admin Phase $43,720 Project Analysis Project: National City Main Fire Station Date: 11/14/01 Project Number: 011101 Phase PA PM JC DR PHASE TOTALS Arch Cons Total % of total Schematic Design $45,295 $35,845 $81,140 17% Design Development $44,100 $15,300 $59,400 17% Construction Documents $112,455 $114,830 $227,285 43% Bidding $4,330 $0 $4,330 2% Construction Administration $43,720 $8,150 $51,870 17% Demo Plans $12,890 inc. $12,890 5% As-Builts ¢ncl in CA) $0 $0 $0 Total $262,790 $174,125 $436,915 100% Additional Fee Items Geotechnical $8,500 reimbursables $5,000 Asbestos $7,500 to $6,000 Pubic Im ements $8,500 total fee $472,415 .11/21/01 WED 15:14 FAX 858 568 6844 SIMON WONG ENG 444 JEFF KATZ Qh002 FEESUMMARY Proles Name: CMntIO-nee Project Manks's SCOPE ITEM Pnitnllnary Design M.sangs Scharrl*Uc 0.s18n Design De.slepnlant Construction Deewesnte Coroauceon Jlan6nlstra0an R.Imbws10He NNrenal City Mein P44 Stalk., Gary o7 Ne5Onel COY Jen rNa. Ja(A Date 8•Nov.O+ BY• TOTAL PEE Fes tRounded 51.820 3% S0 61,900 35 640 12% SO 88,500 38.283 15, SO 58.300 330206 55% 50 380,200 38.258 15% SO 58.300 5500 Olt SO S548 TOTAL CURRE747 RATES BY CIABSIFISATION 035012li:n P1 Aarrsnst atlwlWant Processor (AO) P2 Drones II (Cr) P3 Asa slant EPOkww (E) P4 AssacgA Erlgereer (PE) PS Senior Strucaad Entgnew (SE) P6 Pomp* tinglneerNm4ed Manager (PM) Nation* CBy Men Fifa $310on LABOR PrOPT51 try Design 14seU1rg5 I. ESMbtIN 56l 31vl system 2. COerdneOan Meesrgs SUBTOTAL Seesrnata: Design 1. Prtl n nary S11746411 CNMcllorrs 2 151. Fwnda4on arra Framing Plans 3. CcordnNbn Meeenga SUBTOTAL Outgo O.vsbpmsnt 1. incorporate Omer resiewrcOnarata 2. Programer/ Structural (',ateue00ns 3 30% Structural Plans. Sect. and Detdl0 4 Ast at A(A WS*Eeram of Pmebatla COOP 5. Co n n.Uen Mee8rgs SUBTOTAL Construction Documents 1 ineorpRate Owner reales comments 2 Pins! Structural Piero. Sections end Deeds 3 Quaky control review end Anal coordlneaen • Pram Teolncel SPetlrCeItona 5. Assets JNA nIStelemsnl of Prole Coats 8 Coordination Meetings SUBTOTAL Construction Adeffieltf 3155n 1 Resler. Shea OnsirrIngalSubnatters 2. She 414d5 add Observecgn Repoes 14) 3 P$S9arq 10 construction manager RFI a 4. RBvinv lam 440 01pe060n re90o0 SUBTOTAL RnMsburNbIM 1 Plotting 2 Corner Services SUOTO'AL g rceo)sai360-44 S65.535 100% S55.500 S56 Pt 170 P2 186 P3 SIM P4 $135 P5 6155 PO DRO 08 P5 P4 P3 P2 P' Hours Pee 0 8.0 $1.060 4 4.0 S540 0 12 0 0 0 0 12.0 31820 I 8 16.0 S1.864 4 52 36 52.0 Sa.236 4 4.0 3540 0 16 20 0 36 0 72 0 S8 640 1 3 4.0 S345 0 16 24.0 32.646 1 10 38 530 $4.273 1 4 5 0 1527 a 4 0 ism 15 36 0 39 0 00 0 38.263 4 12 150 51,360 24 6C 100 2040 322.760 12 12.0 31.860 8 BD S1000 2 8 10.0 51.054 18 4 20 0 $2.532 12 54 31 0 172 0 330.0 $30206 4 II 0 200 12?G 6 a.0 31,30 5 37 45 0 S4.700 4 4 0 S292 0 20 57 0 0 77 0 S8.206 S700 S3Ca 0 0 5.400 SIMON NJCNG ENGINEERING Pale 1 oft Sent by:Walsh Engineers Nov-28-01 06:16Pw from 858 541 0787619 698 9178 Page 2/ 2 National Cty Fire Stoner. November 15, 2001 Principal PM LIT CAD Admin Hourly Rate S 120.00 S 100.00 S 85.00 S 55.00 S 45.00 Concept Design and Development liours Hours Hours Hours Hours Programming (HVAC and Plumbing Requirements) 4.0 8.0 4 0 2.5 Preliminary Equipment Selection 2.0 6.0 8.0 10.0 Pltlimiaory Systems Layout 9.0 11.0 13.0 Design Meetings/Follow-lip 5.0 6.0 4.0 Renew 3 0 5 0 Total House 9.0 33.0 29.0 23.0 5.5 SUBTOTAL S 1,0130.00 S 3,300.00 S 2,463.00 S 1,263.00 S 247 50 S 8,357.80 Construction Documents F Design Coordination 4.0 18.0 20.0 Final Equipment Sdecbon 8.0 7.5 HVAC Systems Design - Station House 16.0 18.0 45.0 1.5 HVAC Systems Design - Administrative Offices 6.0 16.0 18 (t 2.5 Plumbing Systems Design 18.0 21.0 22 0 3.0 Bldg Dept. Preparation/Coordination 11.0 10.0 2.0 Design Meet;ng/Fu12uw-Up ." 10.0 8.0 30 Review 5.0 8.0 Total Hours 9.0 95.0 100.5 85.0 , 12.0 SUBTOTAL S 1,0230.00 S 9.500.00 S 8,54250 S 4.675.00 5 540.00 S 24,337.50 Construction Support Construction Coordmatio&C1ari&cation 18.0 4.0 2.0 2.0 Submittal Review 10.0 8.0 2.0 installation Observation 18.0 8.0 4 0 Cnmtruci on Meetings _ 6.0 3.0 2.0 Total Hours 0 34 3.0 10 10 SUBTOTALS - S 3400 00 S 255.00 S 550.00 $ 450.00 S 4,655.00 TOTAL PROJECT FEE S 37,350.00 . 11/09/2001 19:05 8592790711 ILA ZAMMIT PAGE 02 AE FEE PROPOSAL .... - FCFPTRM ILAiTAMMIT ENGINEERING GROUP PROJECT TITLE NQationsi CitZMain Fire Station CONTRACT LocAT1O NUMBER ECC $4,600,000.00 EST NO HCUR9 HOURLY B 'ROCNED RATE TOTAL ESTIMATE° cosT A. PRINCIPAL 31.5 1 100.00 S 3.750.00 B. ASSOCIATE/ENGINEER 142.0 S 85,00 1 12.070.00 C. SR. DESIGNER 0.0 1 75.00 S - D. DESIGNER 140.0 3 65.00 S 9,100.00 E. CAD OPERATOR 222.0 S 60.00 S 11,100.00 F. CLERICAL $.0 S 40.00 3 320.00 ' Ili us O. MEETINGS 5.0 S 85.00 8 510.00 w o H. UTILITY COORD 5.0 S 85.00 1 650.00 I CORRESPONDANc£ 8.0 $ 85.00 $ 680.00 a. o. 0 0 c PROFESSIONAL HOURS /SHEET 10.6 SUB -PROFESSIONAL HOURS /SHEET 18.1 q, 1'(t tiY`.:' ' ;:' :c i ;f "{, 7: A L„ `✓,17y+`yr�y`: rya 7 ki �lt��`� r.LS u g� Z t7 ESTIMATED ARCHITECTS FEE ,v i}` �aY + % sf5'i 4L h "$ ?.i • . s rr 41, 7„t",i 1 „..,, °c'`clr'a,yc>t <1 uYa fn W ESTIMATED ELECTRICAL CONST COST S 120000 ,,. f � le r°$s >,44}f 1. t6-A i^1 ki "�,h ,�i(%L, L�+ e r(L r.'7' lI.tta ' it ;� i, "Ij' �1:s�u? ` Z TOTAL ESTIMATED SHEETS 19 }s'° °L1Y5 4,4L. }4J°hS�;}k ; `hi% y +`,y `lr , t- . .li �Ax .8/[, kOWI 1° Y`�AI .1 ,•'iti, ` t' , S i tu co SUB -TOTAL itu n aK ` 4 n 3 Y yk a + 1 A cy L i,s is hi •,.u• i�i ..,.a vlS. va ai,3J.6�L, v_'•y : ray," y.r s , e. S 35.210.00 A. SPECIFICATION WRITER 1 6.0 <v%s . 1 55.00 $ 680.00 B. TYPIST Cf4W fIlkTax .xL ''''�'�AY 4.0 $ 40.00 S 160.00 SUB -TOTAL Xi Sr i ° � 0 Nl `viLL4lva,t Al L+da A ` S 840.00 A. ESTIMATE PREPARATION �s` . i .f,< . b ter' �' . 12.6 <;�.,�' .:f � �s,,.. $ 55.00 1 1,020.00 ''' 8 n B. TYPIST pyy c c,a 4.0 1 40.00 S 160.00 SUB -TOTAL :�.�U:.`r��� -` r.. `,5�.�'�ft �,+ .M. S 1 180.00 •`s:}l.'.�lir• TOTAL. DESIGN COST TEM 1 2, &3 S 40,230.00 11/09/2001 19:05 85822790711 ILA ZAMMIT PAGE 03 ,B EVE8R8poSAL Pa e 2 cf I SECTION B (tI CONSTRUCTION ADMINISTRATION SERVICES SHOP DRAWING%SUBMITTAL REVIEW 24.0 HRS 0 $ 85.00 HR = S 2,040.00 OFFICE CONSULTATION 46.0 HRS IS 3 83.00 HR = S 3,326.00 INSPECTIONS 8 REPORT PREP 16.0 HRS 0 $ 86.00 HR. e 3 1,340.00 TOTAL SECTION B. 3 7.226.00 SECTION C AS• ILII LT DRAVANG PREPARATION ASSOC/ENGINEER HRS G 5 $ 86.00 HR. = IF REOD 3 - DESIGNER HRS 5 $ 65.00 HR. = S CAD OPERATOR HRS is S 3 50.00 HR. = S TOTAL SECTION C. $ SECTION IDCONSULTANTS FtES CONTRACTOR ASSIST PROFIT 10% $ - MECHANICAL FEE PROFIT 10% 3 SPECIAL SYSTEMS CONSULT — PROFIT 10% 3 . TOTAL SECTION 0 S SECT ION E REIMBURSIBLES A. TRAVEL AUTO MILES 0 3 0.32 S - AIRFARE $0.00 AUTO RENT 50.00 $ SUBSISTANCE 0 DAYS G $ - $ - LODGING 0 DAYS 88 $ - S - B. REPRODUCTION EXPENSES PLOTTING PLOTS G 612 S COPIES/BINDING PRINTING/REPRODUCTION/COLOR COPYING PHONE -LONG DISTANCE DELIVERIES OTHER TOTAL SECTION E. S 126.00 3 70.00 $ S 105.00 zz qM 4 CA w u. soFIELD I SITE INVESTIGATION RENTAL EQUIP DAYS G S . FIELD INVESTIGATION (ASSOCIENG.) 0.5 DAYS G $ 700.00 S 350.00 INVESTIGATION (DESIGNER) DAYS G $ 620.00 3 TOTAL SECTION F $ 360.00 id s .,', w LL FEE% ECG DESIGN 6.6% TOTAL DESIGN (SECTION A FROM FRONT) ---10. S 46230 FEE% ECC TOTAL 6.7% TOTAL FIELD INVESTIGATION (SECTION F) --► $ 350 FEE% ARCH FEE $O(WOI TOTAL CONSTRUCTION ADMIN (SECTION 8) ---♦ 3 7.226 ► FEEiSHT S 2,526 TOTAL REIMBURSIBLES (SECTION E ABOVE) $ 195 CCSS FEE % 16.1% TOTAL AS-SUILTS (SECTION C ABOVE) --0- $ - TOTAL CONSULTANTS (SECTION D ABOVE) S —ii. GRAND TOTAL - FEE PROPOSAL --i $ 48,000 FROM : Parterre FAX NO. : 619-296-3702 Nov. 26 2001 08:50AM P1 MEMORANDUM PARTERRE 1221 HAYES AVENUE SAN DIEGO, CA. 92103 (619) 296-3713 FROM: Patrick O'Connor TO: Jeff Katz, Jeff Katz Architecture DATE: November 26, 2001 SUBJECT: National City Fire Station, Task Breakdown / Fees Landscape Schematic Design Phase • Site Review / Programming • Schematic Design / Review • Cost Estimate / Coordination 2 hrs. @ $98/hr. 6 hrs. @ $85/hr. 4 hrs. @ S98/hr. 30 hrs. @ $85/hr. 12 hrs. @ $85/hr. $196 $510. $392 $2,550 S1.020 $4,668 Design Development / Construction Document Phase • Construction Documents 2 hrs. @ S981hr. $196 65 hrs. @ $85/hr. $5,525 • Cost Estimate / Coordination 2 hrs. @ S98/hr. $196 9 hrs. @ $85./hr. $765 • Bid I Pre -Construction 1 hr. @ $98i1u. $98 3 hrs. @ $85/hr. $255 S7,045 Construction Observation Phase • Field Observation • As -Built Drawings Expenses • Reproduction, photos, CAD plots, milage, supplies Note: Principal id; S98/hr. Project Landscape Architect @ 585rhr. 20 hrs. @ $85/hr. 3.5 h:s. @ $85/hr. END $1,700 S297 $1,997 $590 TOTAL $14,300 11/27/2001 17:54 6195827428 BDS ENGINEERS PAGE 02 NATIONAL CITY FIRE STATION CIVIL Schematic Design Principal Engineer 2 Hrs @ $116 = $ 232 Engineer 6 Hrs @ $ 94 = S 564 Assistant Engineer 18 Hrs @ S 80 = $1,440 Cadd 24 Mrs @ $ 64 = $1,536 $3,772 Construction Documents Title Sheet Principal Engineer 1 Hrs ® $116 = S 116 Assistant Engineer 10 Hrs @ $ 80 = $ 800 Cadd 8 Hrs @ $ 64 = $ 512 $1,428 Site Plan Principal Engineer 2 Hrs @ $116 = $ 232 Engineer 4 Hrs @ S 94 = $ 376 Assistant Engineer 22 Hrs @ $ 80 = $1,760 Cadd 20 His @ $ 64 = $1,280 $3,648 Gradiu2 Plan Principal Engineer 2 Hrs @ $116 = S 232 Engineer 4 Hrs @ $ 94 = $ 376 Assistant Engineer 16 Hrs @ S 80 = $1,280 Cadd 18 Hrs @ $ 64 = $1,152 S3,040 L .PPOJECTSOi 1 sd'A iNavCanepwaa[luTt ds • 11/27/2001 17:54 6195827428 EDS ENGINEERS PAGE 03 RetaininE Wall Principal Engineer 1.5 Hrs @ S116 = $ 174 Engineer 10 Hrs @ $ 94 = S 940 Cadd 16 Hrs @ $ 64 = $1 ,024 $2,138 SWPPP Principal Engineer 2 His @ 5116 = $ 232 Engineer 20 Hrs @ S 94 = $1,880 Clerical 16 Hrs @ S 42 = $ 672 $2,784 Tele/Some National City Main Fire Station 11/1101 3/30104 11/1A71 12/1501 1 3 4 6 irII 7 al I" .12 ! " 24 26 I 23 Negotiate Scope of Work and Fee Note:810 Proceed SchenertIc Design Rasa Order Tom Survey Mast FD to INTIBIOp proems Roden Space Needs Aseessmer oeveap Preen/11,Y Flat Pten Den*, Proem StegGradmp P!er Mart nth City to revIew Owslop pseUrn biding Mem Prepre autmnal to Cky 13ebtrit 30% plasm to We Cy review and Approve of deeign Augionalion to Proceed On OD Design Development Phase Prepare 70% pion Sutaft 70%dem 17 °kV city Reese of DO Construction Docerrents Mese PrOpOSI COTOT41011DCWIVIIIIft Sttenft to %Ming Deperlment Bening Deportment Renew Plan crock corrections C0419211.110f1 DOCLIT1101101 Can* Prolact Del to aid Open Bide Construction Fre Depertrrort °cadency Protect Netlanal VI Main FM Mellon Date 17/10101 Start 1/202 1/202 I 1/3/172 4122102 1/302 1/102 1(3.02 1/1602 1/17/02 +rm.% 2/12/D2 3111102 7/20/02 3/11 /02 3/1202 3/1%02 3/1202 4002 4202 4/W72 42902 42002 413002 52702 5/2702 5/2702 6/22122 1141117021 520/02 8/11302 8/19102 6/1902 0.20.102 9/1602 0/17/02 127/03 9/17/02 13902 12/902 120/02 121002 1003 117103 1/27/03 127/03 1/2703 2/11/03 21003 3/11103 3/1103 32603 3%04 3/30104 3/304)4 Task 2003 1112.112111EMIC.MMIIIMUMEMIIIIMIERIMMIEME3.11/.1111M.30 en • tr3• 1:30 0 El 0 sro ens • 121 127 Prowess L111 P18stor. • ROM Up Task 1ijjRated Up Progress Summery IFNIN/MMI. Rake Up Menton. O yso• Proposed Design Schedule National City ,in Fire Station Exhibit "C" CLARIFICATION OF RESPONSIBILITIES The following articles are restated from AIA Document B141, Owner/Architect Agreement: 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights -of -way, financing or other costs which are the responsibility of the Owner. 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted toreflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. Jeff Katz Architecture • 7290 Navajo Road, Suite 106 - San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Fire Station* Exhibit "C" 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize re -bidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge shall modify the Contract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. 6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representation of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Project. Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 iUD Accounting use Only BatchAC >>T° j][ThH[irTiL1]U LLL1[ Project ir i �`In] E Amount Effective )Li ell Number Amount [) CTLIL7__] L L. I :unding Approval/Agreement -itle I of the Housing and Community )evelopment Act (Public Law 930383) il-n^S15R of 20515R U.S. Department of Housing and Urban .velopment Office of Community Planning and Development Community Development Block Grant Program Grantee (as shown In item 5 of Standard Form 424) rH I ZONAL CITY, CALIFORNIA 3. Grantee's 9-digit Tax ID Number 4. Date use of funds may begin ( ddywv) . Grantee's Complete Address (as shown in item 5 of Standard Form 424) 140 EAST 12TH STREET NATIONAL CITY, CA 91950 Sa.ProjecliGrant No. 1 B-00-MC-06-0560 6a.Amount Approved 5b.ProjecUGrant No. 2 6b.Amount Approved Sc.Prolect/Grant No. 3 6c.Amount Approved ;rant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made ursuant to the authority of Title I of the Housing and Community Developmen Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions or Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, ncluding any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance pecificd here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be sed to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with II applicable requirements. Pre -agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved ,y waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for enviroetnental review, decision raking, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The irantee further acknowledges its responsibility for adherence to the Agreement by sub -recipient entities to which it makes funding assistance hereunder available. .S. Department of Housing and Urban Development (By Name) DONNA M. ABBENANTE Grantee Name NATIONAL CITY itle Ac 'ng Gen. Deputy Asst. Secretary for Community Planning and Development Title ignat /J[/�j(, Date Signature Date(mrNdd/yyyy) ry of Title I Assistance for this Fundiing Action (check only one) _ Entitlement, Sec 106(b) Slate -Administered, Sec 106(d)(1) I.— c. HUD -Administered Small Cities, Sec 106(d)(2)(B) 1 -I d. Indian CDBG Programs, Sec 106(a)(1) Li e. Surplus Urban Renewal Funds, Sec 112(b) ❑ t. Special Purpose Grants, Sec 107 ID g. Loan Guarantee, Sec 108 8. Special Conditions (check one) . n None X Attached 9a. Date HUD Received Submission (mm/dd/yyyy) �_� 10. check one �a.Orig. Funding Approval ['lb. Amendment Amendment Number 19b. Date Grantee Notified frnmirldtYYM 9c. Date of Start of Program Year (yyyy) it. Amount ot Community Development Block Grant FY (yyyy) FY (yyyy) FY (y)yy) a. Funt,'Reserved for this Grantee b. Funds now being Approved c. Reservation to be Cancelled (11a minus 11b) 2a. Amount of Loan Guarantee Cornrnitment now being Approved 6,900,000 12b. Name and complete Address of Public Agency .oan Guarantee Acceptance Provisions for Designated Agencies: 'Ice public agency hereby accepts the Grant Agreement executed by the )apartment Housing and Urban Development on the above date with espect to the above grant number(s) as Grantee designated to receive oan guarantee assistance, and agrees to comply with the terms and onditions of the Agreement, applicable regulations, and other equirements of HUD now or hereafter in effect, pertaining to the assistance provided it. 12c. --- Title Name of Authorized Official for Designated Public Agency Signature ` Date (mmkiceyyyy) II1 Project Number _ Amount L_ 1 . 1 L ; C.=.. )ate Entered PAS (mkn/dd/yyyy) Date Entered LOCCS (mrnlddlyyyy) Batch Number �Transacran Code Entered By Verified By I i 24 CFR 570 form HUD-7082 (4/93) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 18, 2001 AGENDA ITEM NO. 14 "ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE (APPLICANT: PACIFIC COMMERCIAL MANAGEMENT) (CASE FILE NOS. GP-2001-2, ZC- 200I-1) PREPARED BY DEPARTMENT Andrew Hoskinson ' Planning EXPLANATION The City Council conducted a public hearing on December 4, 2001 and approved the rezoning of the Galleria shopping center properties at 2720 E. Plaza Boulevard, including its parking facilities, from Limited Commercial -Planned Development (CL-PD) to General Commercial -Planned Development (CG-PD). The attached ordinance is needed to carry out Council's action. A resolution amending the General Plan land use category applied to the property is also needed and is provided as a separate agenda item for the December 18, 2001 meeting. (-Environmental Review Financial Statement N/A N/A Exempt Account No. STAFF RECOMMENDATION Adopt the proposed Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below I Resolution No. 1. Ordinance 2. Location Map ORDINANCE NO. 2001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE Applicant: Pacific Commercial Management Case File Nos. GP-2001-2, ZC-2001-1 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property, hereinafter described, and for the amendment of the General Plan of the City of National City; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended such rezoning and such amendment; and WHEREAS, the City Council finds the rezoning consistent with and necessary to implement the General Plan; since the General Plan encourages high intensity commercial and complementary development along major roadways and in community shopping centers. NOW, THEREFORE, the City Council of the City of National City, California does ordain as follows: Section 1. All protests, if any, against said rezoning and said amendment to the General Plan, and each of them be and hereby are denied and overruled. Section 2. That all the real property described below is hereby rezoned as follows: From CL-PD (Limited Commercial -Planned Development) to CG-PD (General Commercial -Planned Development) for approximately 117,612 square feet (2.7 acres) of property located on the south side of Plaza Boulevard between Euclid Avenue and Harbison Avenue, and for adjacent street right-of-way, shown as area of proposed change on the Location Map for case file Nos. GP-2001-2 and ZC-2001-1 attached to the Council agenda statement for the December 4, 2001, on file in the Office of the City Clerk; and Ordinance No. 2001 - December 18, 2001 Page Two Section 3. That a Notice of Exemption shall be filed indicating that the rezoning is exempt from the California Environmental Quality Act, since it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment. PASSED and ADOPTED this day of , 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CL-PD /CI 1.0 CG-PD AREA OF PROPOSED CHANGE FROM CL-PD TO CG-PD -41 RM-2-PD IC -OS CV CV/ t-I N N `y r� 1 .....1.. ZONE BOUNDARIES OOL AN LOCATION MAP 2720 E. Plaza Blvd - The Galleria DRN. DATE 811101 INITIAL GP-2001-2 HEARING: NATIONAL CITY PLANNING 8J6101 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 18 2001 AGENDA ITEM NO. _ 15 (-ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER FOR A BEGINNING TEACHER SUPPORT AND ASSESSMENT PROGRAM AND WAIVER OF BUILDING FEES PREPARED BY Burton Myers DEPARTMENT Public Works EXPLANATION The South County Beginning Teacher Support and Assessment program is requesting to use the Community Center for a variety of dates (see attached listing). This is a program supporting beginning teachers during their first years in the profession. The National School District is an active member of this program. The group has used the Community Center in the past. The costs include all 9 dates. Costs: Building $1688.62 Custodial 513.82 Total: $2202,41 This group was approved to pay only the custodial fees for their use of the Community Center this year. They are requesting to pay for only the custodial fees and waive building fees for next year's dates. As this is not an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center", Council approval is required. r Environmental Review N/A Financial Statement Loss of $1688.62 if the request for building fees waived is approvedproved By: STAFF RECOMMENDATI Council decision on the m fees. BOARD / COMMISSION RECOMMENDATION N/A Finance Director Account No. __ use the Community Center and waiver of building ATTACHMENTS ( Listed Below) Resolution No. _. . 1. Application for use of the Community Center 2. Letter from the Beginning Teacher Support and Assessment Consortium dated December 12, 2001 SOUTH COUNTY BEGINNING TEACHER SUPPORT AND ASSESSMENT PROGRAM BREAKDOWN OF COMMUNITY CENTER COSTS Thursday January 31, 2002 (North Room) Building — $211.08 Custodial - $ 55.85 Total - $286.93 Thursday February 21, 2002 (North Room) Building — $211.08 Custodial - $ 55.85 Total - $266.93 Monday March 4, 2002 and Monday March 11, 2002 (South Room both days) Building — $ 70.35 Custodial - $ 55.85 Total - $126.20 x 2 days = $252.40 Thursday March 14, 2002 (North Room) Building — $211.08 Custodial - $ 55.85 Total - $266.93 Wednesday April 24, 2002 (North Room) Building — $281.44 Custodial - $ 67.02 Total - $343.46 Wednesday May 1, 2002 and Wednesday May 15, 2002 (North Room both days) Building — $211.08 Custodial - $ 55.85 Total - $266.93 x 2 days = $533.46 Thursday May 9, 2002 (North Room) Building — $211.08 Custodial - $ 55.85 Total - $266,93 APPLICATION FOR USE OF THE NATIONAL CITY TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting, when the item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations." Name of Organization South County BTSA Consortium Business Address 601 Elm Avenue, Imperial Beach, CA 91932 Name of Applicant Marsha Buckley -Boyle, BTSA Director Address Same as above Telephone Number (619 ) 628-5661 (day) (619 ) 227-5061 (evening) Type of Function Various BTSA meetings/trainings Date Requested Please see attached list of dates/times Decorating Time (am/pm) to (am/pm) Function Time (am/pm) to (am/pm) Use of Kitchen Facility yes '{': no Use Time (am/pm) to (am/pm) Clean-up (am/pm) to _ (am/pm) Number of Participants _various Will Admission be charged? No If yes, Amount $ Will this event be used as a fund raising event? No Will alcohol be served? No ABC Permit Submitted? Certificate of Insurance attached? Copy on f i le w/City Special configuration of tables or chairs required? (If yes, attach sketch) Special equipment required? (If yes, attached list) Copy of Rules & Regulations provided? yes InitQal�,Q. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facil ty. ignature of tcan S1Date CITY OF NATIONAL CITY PUBLIC PROPERTY USE BOLD HARMLESS AND iNDEMiF1CATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1 000,0 0 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization South County BTSA Consortium Person is charge of activity Marsha Buckley -Boyle, Director Address 601 Elm Avenue, Imperial Bch, 9190dephone 619-628-5661 City facilities and/or property requested National City Community Center Date(s) of use See attached list of dates/times HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City harmless and indemnify the City of National City from and against all claims, demands, costs, losses, damages, injuries, litigation and liability rising out of or related to the use of public property by pennittee's agents, employees or contractors. gT,4444e•45446-- Signature of Applicant Official Title (/ Certificate of insurance Approved by Rev. 121/00 Name & Title 2 ii jo ioi Date Dec 12 01 09:50a sbusd* 6195755830 p.1 be Innlnp to•a]ehOr support a ass evement 601 Elm Avenue, Imperial Beach, CA 91932 *Office: (619) 575-5835 * Fax: (619) 575-5830 December 12, 2001 City of National City ATTN: City Council 1243 National City Blvd. National City, CA 91950 Dear City Council: As director of the South County BTSA Consortium, I am requesting use of your Community Center for the BTSA (Beginning Teacher Support & Assessment) program for the calendar months of January -May, 2002. Recently, the Council approved a fee waiver for September -December, 2001. Dr. Ellen Curtin of National School District, as an Advisor to the BTSA Consortium suggested we use your facility for these meetings. National School District is an active participant in our Consortium. South Bay Union, Coronado Unified, San Ysidro, and Lemon Grove School Districts are the other members of our Consortium. We hold several trainings each month. Currently, due to construction, school modernization, and after -school programs, we are no longer able to hold our trainings at school sites. There are no facilities in a central location for the five districts to access after -school. National City Community Center provides a central location for these teacher trainings. As you may know, we used your facilities for several trainings in the past year. We would appreciate your consideration to allow us to use your facilities again this year on the following dates: January 31, February21, March 4, March 11, March 14, April 24, May 1, May 9, and May 15. As was currently approved for 2001, we would like to have the building fee waived and pay only the custodial fees. Thank you for your time and consideration. If you have any further questions, please feel free to contact me directly at (619) 628-5661. Sincerely, Marsha Buckley -Boyle BTSA Director SOUTH COUNTY BTSA CONSORTIUM Proposed dates to use the National City Community Center for the 2002 school year. Date of Training Type of Training Time of Training # of People January 31 SP Meeting 3:00 — 6:00 65 February 21 Year 2 Academy 3:00 — 6:00 85 March 4 Year 2 Academy 3:00 — 6:00 85 March 11 SP Meeting 3:00 — 6:00 65 March 14 Year 1 Academy 3:00 — 6:00 65 April 24 Year 2 Academy 3:00 — 7:00 85 May 1 SP Meeting 3:00 — 6:00 65 May 9 Year 1 Academy 3:00 — 6:00 65 May 15 Year 2 Academy 3:00 — 6:00 85 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 18, 2001 AGENDA ITEM NO. _ 16 (-ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT — WESTCOTT MAZDA KIA- ej USED VEHICLE TENT SALE Claudia Caro, Permit TecIEPARTMENT Building and Safety This is a request from Westcott Mazda Kia to conduct a four day used vehicle tent sale on the old Ward's parking lot at the Plaza Bonita Shopping Center, from 'Thursday December 27- Sunday December 30, 2001. The hours of the sale are 8:30 a.m. until 10:00 p.m. They will have D.J. music for entertainment from 11 a.m. through 6 p.m. during the event. Environmental Review N/A Financial Statement The City has incurred $115.00 in costs in processing the T.U4PAITIVAigtY1 Departments. STAFF RECOMMENDATION .l%1a—. Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. finance Directo N/A BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary 1..se Permit with recommended conditions of approval Account No. CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Westcott Mazda Kia EVENT: Used Vehicle Tent Sale DATE OF EVENT: December 27-30, 2001 TIME: 8:30 a.m. until 10:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Exit ways to be maintained in an unobstructed manner at all times. Exit way to be clear of all obstruction for it's entire width and length. 2. Fire extinguishers shall he on premises, type 2-A:10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Department access roads shall be provided and maintained at a width of 20 feet and a vertical clearance of 13'6" at all times. 4. Fire hydrants and fire suppression connections and appliances shall not be blocked or obstructed at any time. 5. Fire Department permit is required for the used of canopies or tents. Permit fee is eighty-five dollars ($85.00). Permit to be obtained from Fire Department. 6. Site map showing size, location, and configuration of tent, canopies, vehicle locations and placement of event on property. 7. Canopies and tents are to be constructed of a flame resistant material with the California State Fire Marshal seal of approval attached. 8. Vehicles are not to he parked within twenty (20) feet of tents or canopies. FINANCE (336-4330) A business license is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. 11/28/ 2001 11:49 FAX 1001 FacsimileWstiieid SHOPPINGTOWN PLAZA BONITA 3030 Plaza Bonita Rum NAOMICttT•CA91950 Telephone (6t9) 267-26S0 Facsimile (619)472•Sesa DATE: cro j TO: COMPANY: FACSIMILE NUMBER: FROM: PHONE NUMBER: 619 267-2850 NO. OF PAGES: G,[aa'-. t?✓laev.. /�- e,� 914;teYw-4 , GCco_ .pA4AA-N4t4Itgo�ti,�� toed a Gfted c$-Q.e 3p/o ( cPCota- apio- lecL/Aa& gAlrith)dvly). The contents of this facsimile (including attachments) may be privileged andtconfk .ntiat. My unauthorized use of the conterrls is expressly prohibited. H you have received the document In error. please advise us by telephone (reverse charges) kmie6ately and then ahre4 the document Thank you. Type of Event _ Public Concert Parade _ Motion Picture Fair _ Demonstration _ Grand Opening _ Festival _ Community Event Circus Block Party OtherTen* Event Title: S p Event Location: �1 PLR ZP -6 O rJr vp 1 Event Date(s): From \ -a -4 to 1`a. --`3t O Total Anticipated Attendance: Ifs' �O 0 Month!Day/Year ( v Participants) 8 3 (_Spectators) Actual Event Hours: D�m to Ie'oo am/g) Setup/assembly/construction Date: la_ Start time: g'•3e) Any Please describe the scope of your setup/assembly work `(specific details): -remit 5c / > ( Pre iff ed By 14y slowl y r L 5e� es-u- Sod rnunae . FetLe-e • Dismantle Date: t)--34 -ok Completion Time: am/5 List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closjng and day and time of reopening. UN-1( Sponsoring Organization: We-SCC �Giz �� W- For Profit Chief Officer of Organization (Name) Mr. kakif f r02- r —Not-for-Profit Applicant (Name): ere) 21 (Qwne/ 4 Li.e.gto it (►'t f,�Zd r % ��-�c, / Address: Z%c-Dc-,MICA-C(�/ CQ`ud Daytime Phone: (p(Ct) Y (sl( Evening Phone: 6(i) WV.-((f Fax: (t () `%; /_ Contact Person "on site" day of the event: SKA- ift{ riI/(,t S /C..rr/ Pager/Cellular( to( c1 % a2.q - ` i` !/, V NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): _ YES d NO YES AZ NO $ SgcCO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 7c:N0 Estimated Expenses for this event. $ N r A What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about tht event. +l��s ejj t s ik rnc) rd , UsL cx Teva < cj A LIJP_ C,-�� �� N-)l\n r)QC r.c-�(5 'fie. Sov-01 ,.ev cum co_ o (ct z� nl� 1-e y ,, nt)44-t' .R.M4YC VA/c^'rtl° Lye- aL se � V ,7, ©O((Cer � f ti is J c YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 _ YES NO Does the event involve the sale or use of alcoholic beverages? /YES NO Will items or services be sold at the event? If yes, please describe: V.Cci C J S _ YES .k(NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES 'NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. IYES _ NO Does the event involve the use of tents or canopies? If Yto Number of tent/canopies 1 Sizes •3 o K NOTE: A separate Fire Department permit is required for tents or canopies. Y YES _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC _ CHARCOAL _ OTHER (Specify): 1� A` ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: a (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: 2_ Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowc Control and Internal Security: sCif 5e.C.A/ office( -f � l 1�`i `^ �r ,n -w 2 6 5',Q-e- t 5 r-e a"//c cr• i i-AN 3 y 4 O . YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): ( —1 pit GTO { Phone: YES , NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and s ectators: 1p.)e.e ow- i (fie L l c s e v ae_ k Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your Rvent by individuals with disabilities: -{-tr\ 1, t S C> Y1 - Lev \\(7zre i ma_ - Vik ``d �O } C✓f r il0- g 0' Please provide a detailed description of your PARKING plan: Please despribe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the even NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _YES AAO Are there any musical entertainment features related to your event'? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: YES NO Will sound amplification be used? If YES, please indicate: Start time: t on0 Cm Finish Time Number of Bands: am/ ) /YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: II,10C) am/pm Finish Time (n ` am/) Please describe the sound equipment Ja thatlwill be used for your event: lf/; r yr J YES V NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization 11J e_5c_sO tk fi c01 . 3 C cc-k- Person in Charge of Activity b s .- t Address � (I\v Pc"-itu h li \ A • Telephone ` 4-( — VS- c Date(s) of Use 4.4 — 31 s-14-wei e-P-41-1) eu �Q —30 • HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or rel. -d to the use of public property or the activity taken under the permit by th - • ermi ' ee or its agents, employees or contractors. v� ignature of Applicant 4-5 Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE _1) mbcr L8.2001 17 AGENDA ITEM NO. ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A SHOPPING CENTER AND A VARIANCE FOR LESS THAN REQUIRED PARKING AT THE SOUTHEAST CORNER OF N AVENUE AND E. 8' STREET (APPLICANT: LUIS MOLINA) (CASE FILE NOS. CUP-2001-16/Z-2001-13) PREPARED BY Charley Marchesano DEPARTMENT Planning EXPLANATION The project is proposed on 8th Street across from the Palm Plaza shopping center and east of N Avenue. The site is located in a Limited Commercial (CL) zone. The 1.05 acre vacant property has 173-feet of frontage on E. 8th Street and 270-feet of frontage on N Avenue. An alley exists along the southern property boundary, accessible from N Avenue. Apartments occupy adjacent residentially zoned properties to the east and south, while single-family homes are located across N Avenue to the west. A 23,239 square foot L-shaped building is proposed. The mostly two-story building includes a three-story portion at its end nearest E. 8th Street. The building incorporates pitched and flat roof sections and has a cream and tan color stucco exterior with large glass areas. Suites have access from the outside and face parking in front. A Variance is necessary since the strip center requires 117 on -site parking spaces in lieu of the 86 provided. 69 spaces are proposed in front of the building with access from E. 8th Street and N Avenue. 17 employee spaces are proposed behind the building along the alley. At the Planning Commission hearing November 19th the owner of the apartment building south of the site spoke in opposition to the proposal, citing parking concerns. A letter was also distributed at the meeting from a local resident, expressing opposition to the parking Variance. The Commission denied the project and noted that the building layout would function as a strip commercial center and that additional parking spaces would be needed. X Categorical Exemption Environmental Review N;A Financial Statement N/A Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD I COMMISSION RECOMMENDATION The Planning Commission denied the Conditional Use Permit and Variance. Vote: Ayes — Valderrama, Parra, Flores, Baca, Reynolds Abstaining — Detzer Absent — Ungab ATTACHMENTS I Listed Below) Resolution No. 1. Planning Commission Resolution No. 40-2001 2. Location Map 3. Applicant's reduced plans t d� RESOLUTION NO. 40-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR A SHOPPING CENTER AND A VARIANCE FOR LESS THAN REQUIRED PARKING AT THE SOUTHEAST CORNER OF N AVENUE AND E. 8TH STREET APPLICANT: LUIS MOLINA CASE FILE NOS. CUP-2001-16/Z-2001-13 WHEREAS, the Planning Commission of the City of National City, California considered a conditional use permit application for a shopping center with a variance to allow less than required parking at the southeast corner of N Avenue and E. 8th Street at the public hearing held on November 19, 2001, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff reports contained in Case File Nos. CUP-2001-16 and Z-2001-13 which are maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 19, 2001 fail to support findings, required by the Municipal Code for granting any conditional use permit and variance that the proposed use will not have an adverse effect on adjacent or abutting properties, and that the proposed use is essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 19, 2001 support the following findings for denial: 1. That the proposed use will have an adverse effect on adjacent or abutting properties, since the shopping center located at the rear of the property will block views from adjacent apartment buildings. 2. That the proposed use is not deemed essential and desirable to the public convenience or welfare, since existing shopping centers in the area provide the required number of on -site parking spaces. 3. That the proposed is not in compliance with the City's adopted Design Guidelines regarding locating the commercial center building adjacent to the streets, and the clustering of multiple buildings to create pedestrian plaza areas, and break up and screen large parking areas. 4. That because there are no special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) does not deprive such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, and the reduction in on - site parking is likely to create a congested parking area. 5. That the requested variance cannot be conditioned to assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since similar projects have provided the Code required on -site parking. BE IT FURTHER RESOLVED that the Planning Commission hereby denies Conditional Use Permit application no. CUP-2001-16 and Variance application no. Z-2001-13. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 3, 2001 by the following vote: AYES: Valderrama, Flores, Parra, Baca, Reynolds NAYS: ABSENT: Ungab ABSTAIN: Detzer RT \\ \\� o(51 \ 'f\ \ \ ,\ ��\ \\ �\ \ \ -C-3*%\ %\ \ 0 100 Feet PROJECT LOCATION 9 ZONE BOUNDARY CL A LOCATION MAP SOUTHEAST CORNER OF E. 8TH STREET AND N AVENUE DRN DATE: 11/6/2001 INITIAL CUP-2001-182-2001-13 HEARING: NATIONAL CITY PLANNING 11/19/2001 NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. CUP-2001-16/Z-2001-9 DATE: 8/29/2001 1 a 110 rwsUr ar .* . •.•- . ADM VIM VA M. 111111(11111111 I I I 111111! MIAOW a/A.0AI* ARn.+r .A MAN VM I. 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M MO DESIGN CONSTRUCTION CROUP IN NNW OW_a ers-ns if r\.Z145 City of National City, California COUNCIL AGENDA STATEMENT December 18, 2001 MEETING DATE _ AGENDA ITEM NO. 18 r ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR AN ADULT DAY HEALTH CARE FACILITY AT 540 NATIONAL CITY BOULEVARD (APPLICANT: SABAH ABRO) (CASE FILE NO. CUP-2001-14) PREPARED BY Charley Marchesano DEPARTMENT Planning EXPLANATION The project site is located between 5th and 6th streets on National City Boulevard and is zoned CT-PD (Tourist Commercial - Planned Development). The property contains 19,375 square feet and is developed with an 8,600 square foot building and a paved parking area. The building has been vacant for four years and was last occupied by a furniture store. "Friendly Care" Adult Day Health Care proposes to occupy the building with up to 120 clients and 10 staff members. Operating hours are proposed from 8 A.M. to 6 P.M., Monday through Saturday. Attached plans show the interior of the building being improved to provide offices, handicapped restrooms, a food handling area, and a large sitting and social area. The exterior will be repainted and an awning provided around the front of the building. The existing parking area will be re -paved and re -striped to provide 18 on -site spaces, including 4 van - accessible spaces. The Planning Commission held a public hearing on this item and heard testimony from the administrator of Horizon's Adult Day Health Care on E. 8th Street who submitted a letter and spoke against the proposal, stating it would not meet State requirements. The Commission noted that the City is not responsible for enforcement of State requirements and approved the Conditional Use Permit since it would provide a needed service to National City residents and conditions of approval would result in improvements to the property. Environmental Review X WA Financial Statement N/A Categorical Exemption Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD I COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes — Valderrama, Parra, Flores, Baca, Reynolds Abstaining — Detzer Absent — Ungab ATTACHMENTS ( Listed Below ) Resolution No. 1. Planning Commission Resolution No. 37-2001 3. Applicant's reduced plans 2. Location Map A 2G. 9B? RESOLUTION NO. 37-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AN ADULT DAY HEALTH CARE CENTER AT 540 NATIONAL CITY BOULEVARD APPLICANT: SABAH ABRO CASE FILE NO. CUP-2001-14 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for an adult day health care center at 540 National City Boulevard at a duly advertised public hearing held on November 5, 2001, and continued to the meeting of November 19, 2001 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. CUP-2001-14, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearings; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on November 5 and November 19, 2001, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the existing 8,600 square foot building on the site is large enough to accommodate the proposed adult day health care facility and since sufficient on -site parking is provided in the existing parking area. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the use is not expected to significantly increase traffic volumes in the area, and since the project site is accessed by National City Boulevard, an arterial. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the new use will generate little noise or traffic. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the adult day health care facility will provide a service for handicapped and elderly citizens of National City and the surrounding community, and may also delay institutionalization of clients. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes an Adult Day Health Care Center at 540 National City Boulevard. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised, Case File no. CUP-2001-14, dated September 28, 2001. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. The deteriorated portions of the existing street improvements (20-feet of sidewalk) along the property frontages shall be removed and replaced. 4. The proposed trash enclosure at the southwest corner of the parking lot may need to be relocated due to an existing storm drain catch basin. If relocated, the existing amount of parking spaces (18) shall be maintained. 5. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership of the property. 6. Prior to opening the business, a formal fire inspection shall be conducted by the Fire Department. 7. Exterior walls of buildings and trash enclosures to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 8. A landscape and irrigation plan shall be submitted with building plans indicating plant types, methods of planting, irrigation location and coverage, etc. This plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 9. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation 10. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 11. The existing rooftop sign at 540 National City Boulevard shall be removed. 12. Building plans shall note that access to the upstairs area will be blocked. 13. All rooftop equipment proposed as part of this project shall be completely screened in accordance with Land Use Code section 18.86. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 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