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Home My WebLink About2014 04-15 CC HA AGENDA PKTAGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIU COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY RON MORRISON Mayor LUIS NATIVIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4300 Meeting agendas and minutes available on web WWW NATIONALCITYCA.GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, APRIL 15, 2014 — 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at CC/CDC Agenda 4/15/2014 — Page 2 (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning Qf the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasil/o al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC Agenda 4/15/2014 — Page 3 OPEN TO THE PUBLIC CITY COUNCIL / COMMUNITY DEVELOPMENT COMMISSION AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC ORAL COMMUNICATIONS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS 1. Proclaiming the month of April, 2014 as: FAIR HOUSING MONTH 2. Proclaiming the week of May 1, 2014 through May 7, 2014 as: YOUTH WEEK PRESENTATIONS 3. Presentation of Certificate to Lynn Cole, Executive Secretary for her 33 years of service to the City of National City. 4. Introduction of new employee: Alejandro Jocker, Property Agent, Housing, Grants and Asset Management. 5. Update on Regional Water Quality Control Board Stormwater Permit Requirements (Engineering & Public Works; D-Max Engineering) INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 6. Resolution of the City Council of the City of National City accepting the donation of a James Hubbell art piece to the National City Public Library valued at $6,912 from the Friends of the Library as consistent with City Council's Donation Acceptance Policy #204. (Library) 7. Resolution of the City Council of the City of National City authorizing the acceptance of a grant award of $10,000.00 from the California Office of Traffic Safety (OTS) for the AVOID DUI Campaign to conduct DUI related enforcement operations for the Police Department as part of a countywide regional task force effort and authorizing the Chief of Police to execute all grant -related documents and authorizing the establishment of fund CC/CDC Agenda 4/15/2014 — Page 4 appropriations and a corresponding revenue budget for reimbursement of overtime for DUI operations prior to the grant deadline of September 30, 2014. (Police) 8. Resolution of the City Council of the City of National City authorizing the acceptance of a grant award of $7,500 from the California Department of Alcoholic Beverage Control, Mini -grant Shoulder Tap and Minor Decoy Enforcement Program and authorizing the Chief of Police to execute all grant -related documents and authorizing the establishment of fund appropriations and a corresponding revenue budget for reimbursement of overtime for decoy/shoulder tap operations prior to the grant deadline of June 30, 2014. (Police) 9. Resolution of the City Council of the City of the City of National City approving and ratifying a Memorandum of Understanding authorizing the Police Department to participate in the Operation Alliance Task Force (OATF) through the California Boarder Alliance Group, Southwest Border High Intensity Drug Trafficking Area (HIDTA) and authorizing the establishment of fund appropriations and a corresponding revenue budget. The multi -year agreement will pay for one (1) National City Police Officer's salary/benefits/overtime and vehicle allowance in the amount of $77,000. (Police) 10. Temporary Use Permit - Lions Club 70th Annual Independence Day Carnival sponsored by the National City Host Lions Club at Kimball Park from July 2, 2014 to July 6, 2014. This is a City co -sponsored event per Council Policy No. 804. (Neighborhood Services) 11. Temporary Use Permit - National Night Out on August 5, 2014 from 5:OOpm to 8:00pm at Las Palmas Park. This is a National City sponsored event per City Council Policy #804. (Neighborhood Services/Police) 12. Warrant Register #37 for the period of 3/05/14 through 3/11/14 in the amount of $696,213.46. (Finance) 13. Warrant Register #38 for the period of 3/12/14 through 3/18/14 in the amount of $1,196,119.07. (Finance) PUBLIC HEARINGS 14. Continued Public Hearing of the City Council of the City of National City to consider establishment of Residential Permit Parking District "K" on both sides of E. 26th Street between "B" Avenue and "D" Avenue and on the east side of the 2500 block of "B" Avenue, pursuant to City Council Policy 710 "Residential Permit Parking Program". (TSC 2013-25) (Engineering & Public Works) CC/CDC Agenda 4/15/2014 — Page 5 15. Public Hearing of the City Council of the City of National City to consider the annual adjustment to the Transportation Development Impact fee (TDIF), pursuant to NCMC Section 4.52.100 and consistent with Government Code Section 66017, proposing to increase the TDIF by 2%, as required by SANDAG, resulting in the fee adjusting from $2,209 per new residential dwelling unit to $2,254 per unit beginning July 1, 2014. (Engineering & Public Works) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 16. Resolution of the City Council of the City of National City amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustments to the TDIF, pursuant to NCMC Section 4.52.100 and consistent with Government Code Section 66017, approving an increase in the TDIF by 2%, as required by SANDAG, resulting in the fee adjusting from $2,209 per new residential dwelling unit to $2,254 per unit beginning July 1, 2014 (fees deposited into TIF Fund). (Engineering & Public Works) 17. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with D-Max Engineering, Inc. for a not -to - exceed amount of $1,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach. (Engineering & Public Works) 18. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Innovative Construction Consulting Services (ICCS) for a not -to -exceed amount of $1,000,000 to provide on - call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, and community outreach. (Engineering & Public Works) 19. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Kimley-Horn and Associates, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, architecture, land surveying, environmental compliance, CC/CDC Agenda 4/15/2014 — Page 6 assessment and remediation, geotechnical, soils and materials testing, plan reviews, constructability reviews, and community outreach. (Engineering & Public Works) 20. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Project Professionals Corporation for a not -to -exceed amount of $1,500,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and legal support for public works contracts and/or disputes. (Engineering & Public Works) 21. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Stack Traffic Consulting, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, architecture, land surveying, environmental compliance, assessment and remediation, geotechnical, soils and materials testing, traffic data collection, plan reviews, constructability reviews and community outreach. (Engineering & Public Works) 22. Resolution of the City Council of the City of National City authorizing the installation of Red Flashing Beacons, Stop Ahead Warning Signs with Pavement Markings and installation of Raised Pavement Markers to reduce Speeding and Stop Sign Violations on Manchester Street between Plaza Boulevard and Ethel Place (TSC 2014-05). (Engineering & Public Works) 23. Resolution of the City Council of the City of National City approving a Conditional Use Permit for the expansion of the area approved for beer and wine sales and modified alcohol sales hours at Napoleone's Pizza House located at 619 National City Blvd. (Applicant: Peter Crivello) (Case File 2013-29 CUP) (Planning) 24. Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU) between the City and the National City Firefighters' Association. (Human Resources) NEW BUSINESS 25. Temporary Use Permit - St. Anthony of Padua Church presentation of the "Stations of the Cross" starting at 410 W. 18th Street on April 18, 2014 from 3 p.m. to 4 p.m. with no waivers of fees. (Neighborhood Services) CC/CDC Agenda 4/15/2014 —Page 7 26. Temporary Use Permit - 2nd Annual South Bay Bocce Ball event at Kimball Park sponsored by The National City Rotary Club on May 10, 2014 from 8:00 a.m. to 6:30 p.m. with no waiver of fees. (Neighborhood Services) 27. Temporary Use Permit - Safe Summer Slam sponsored by Operation Samahan at 2841 Highland Avenue on May 24, 2014 from 8 am to 5 pm with no waiver of fees. (Neighborhood Services) 28. Prescription Drop Off Container - Report of Feasibility of Installing a Container at the Police Facility (Police) COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Adjourned City Council/Community Development/Housing Authority of the City of National City Budget Workshop Meeting - Tuesday - April 29, 2014 - 5:00 p.m. - Council Chambers - National City, California. Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - May 6, 2014 - 6:00 p.m. - Council Chambers - National City, California. ITEM #; 4/15/1. ITEM # 4 4/15/14 INTRODUCTION OF NEW CITY EMPLOYEE: ALEJANDRO JOCKER, PROPERTY AGENT, HOUSING, GRANTS AND ASSET MANAGEMENT ITEM #5 4/15/14 PRESENTATION (ENGINEERING & PUBLIC WORKS; D-MAX ENGINEERING) UPDATE ON REGIONAL WATER QUALITY CONTROL BOARD STORMWATER PERMIT REQUIREMENTS CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO. 6 ITEM TITLE: Resolution of the City Council of the City of National City accepting the donation of a James Hubbell art piece to the National City Public Library valued at $6,912 from the Friends of the Library as consistent with City Council's Donation Acceptance Policy #204. PREPARED BY: Gloria Olivares PHONE: !470-5800 EXPLANATION: The Friends of the National City Public Library respectfully request City Council's acceptance ofa glass art piece designed by internationally known artist James Hubbell. The 30" x 90" stained-glass artwork, titled "By the Wine -dark Waters", is to be affixed to the center window in the Library's Young Adult section. This latest creation will complete the three- stained -glass - window collection designed by Mr. Hubbell for the Library - the first panel, depicting the Russian legend of the Firebird, and the second, the Quest for the Grail, were installed in 2009 and 2013 respectively, and are currently gracing the other two windows of the Young Adult area. The entire cost of the window as well as it installation will be fully defrayed by the Friends of the Library. By donating this third art piece, the Friends wish to share with a community who values art in many forms the opportunity to embrace Mr. Hubbell's outstanding craftsmanship that makes him one of the leading artists of his generation. DEPARTMENT: Libra APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Acceptance of donation BOARD / COMMISSION RECOMMENDATION: - Gift approved unanimously by the Library Board of Trustees on August 12, 2013 - Acceptance of gift recommended by the Public Art Committee on October 22, 2013. ATTACHMENTS: 1. Resolution 2. City Council Policy #204 3. Information packets CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Donation Acceptance Policy POLICY #204 ADOPTED: October 21, 2003 AMENDED: December 10, 2013 Purpose From time to time, individuals, community groups and businesses may wish to make donations to the City in either cash or in -kind contributions that enhance projects, facilities, and programs, and the need for such projects, facilities and programs often exceeds the City's ability to fund them. Accordingly, it is an acceptable and appropriate practice to accept donations, in order to enhance city programs and/or facilities to provide a higher level of service to the public. The purpose of this policy is to establish an orderly and efficient process for the acceptance of donations made to the City. It is also important to process donations in such a way so as to distinguish between donations made to the City, versus those made to individuals (ie gifts or campaign contributions). Policy All donations made to the City shall be accepted and processed according to the following: 1. The donation must have a purpose consistent with City goals and objectives. 2. The City Council may decline any donation without comment or cause. 3. The donation must not be in conflict with any provision of the law. 4. In -kind donations will be aesthetically acceptable to the City of National City. 5. The donation will not add to the workload of the City Council or staff unless it provides a net benefit to the City. 6. The donation will not require hidden costs such as starting a program the City would be unwilling to fund when the donation was exhausted. To the extent the donation is for specific funding of a program or position, any such donation can be accepted but will not be conditioned on continuing funding for that program or position beyond the donation amount. 7. The donation must place no restriction on the City, unless agreed to by the City Council. Page 1 of 4 TITLE: Donation Acceptance Policy POLICY #204 ADOPTED: October 21, 2003 AMENDED: December 10, 2013 8. The donation shall become the property of the City. 9. All donations will receive recognition appropriate to the level and nature of the donation as determined by the City. For those of a capital nature, that may be in the form of signage, marking or naming, as determined by the City Council. Regardless of the recognition strategy selected, the intent shall be to appropriately honor the donor for their contribution to the community. The appearance of traditional commercial advertising or product endorsements that promote the donor shall be prohibited. 10. All monetary donations shall be submitted to the Finance Department staff. A receipt shall be made available from the Finance Department, upon request. Recipient departments shall notify the Finance Department of all donations received, whether monetary or otherwise. 11. Cash donations exceeding $5,000, and in -kind donations exceeding $5,000 in value, must be submitted through a written agreement consistent with these guidelines and approved by the City Council. In -kind capital donations will be subject to normal City review, permitting, inspection and insurance requirements. 12. At the time of acceptance, all donations, regardless of value, will be acknowledged in writing, by the recipient department, in a format approved by the City Attorney. The original acknowledgement will be sent to the donor and a copy forwarded to the Finance Department. Related Policy References Council Policy #115: Donating City Property & Police Unclaimed Property Council Policy #117: Distribution & Reporting of Tickets and Passes Two templates for "Donation Acceptance" agreements are attached to this policy Prior Policy Amendments None Page 2 of 4 UNCONDITIONAL DONATION OF PERSONAL PROPERTY TO THE CITY OF NATIONAL CITY (hereinafter referred to as "the Donor") hereby (Name of Donor) makes an unconditional donation, in perpetuity, of (Description of Donation) (hereinafter referred to as "the Donation") to the City of National City. The Donor understands and acknowledges that pursuant to Sections 37354 and 37355 of the California Government Code, the City is authorized to accept said donation for any public purpose that the City desires. As a condition of the granting of permission by the City of National City to the donor to conduct its activities on public property, the donor hereby agree(s) to defend, indemnify and hold harmless the City of National City 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 related to the use of public property by the donor or its agents, employees or contractors. The Donor agrees 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. A certificate of insurance must be attached to this form. The individual executing this document on behalf of the Donor represents that he/she has the legal power, right and authority to bind the Donor; that all requisite action (corporate, trust, partnership or otherwise) has been taken by the Donor in connection with authorizing the execution of this document; that this document shall be legally enforceable as to the Donor; and that the execution of this document does not conflict with or result in the breach of any contract, bond, note or other agreement or instrument to which the Donor is a party. Dated: DONOR By: (Authorized Representative) For Office Use Only Certificate of Insurance Approved Date Page 4 of 4 UNCONDITIONAL DONATION OF PERSONAL PROPERTY (ART WORK) TO THE CITY OF NATIONAL CITY (hereinafter referred to as "the Donor") hereby (Name of Donor) makes an unconditional donation, in perpetuity, of (Description of Donation) (hereinafter referred to as "the Donation") to the City of National City. The Donor understands and acknowledges that pursuant to Sections 37354 and 37355 of the California Government Code, the City is authorized to accept said donation for any public purpose that the City desires. Due to the nature of the donation work of art and the site on which it is installed, the DONOR and his/her agents, heirs, successors and assigns hereby waive any and all rights they may have under thee California Art Preservation Act, as set forth in Civil Code Section 987. The DONOR agrees that upon completion, the physical work of art which is created pursuant to this Agreement shall be transferred to and shall vest in the City of National City, and the DONOR hereby expressly waives and releases all rights of ownership to the work of art, including those under Civil Service Code Section 988. The DONOR, his/her agents, heirs, successors and assigns also agree not to attempt to defeat this waiver by cooperating with any organization which seeks to bring an action under Civil Code Section 989. The Donor hereby releases the City of National City and its officers, employees and volunteers, against and from any and all liability, loss, damages to property, claims, demands, suits, actions, proceedings, costs or attomey's fees, of any kind or nature, resulting from or arising out of the City's use of the Donation. The individual executing this document on behalf of the Donor represents that he/she has the legal power, right and authority to bind the Donor; that all requisite action (corporate, trust, partnership or otherwise) has been taken by the Donor in connection with authorizing the execution of this document; that this document shall be legally enforceable as to the Donor; and that the execution of this document does not conflict with or result in the breach of any contract, bond, note or other agreement or instrument to which the Donor is a party. Dated: DONOR By: (Authorized Representative) For Office Use Only Certificate of Insurance Approved Date Page 3 of 4 March 4, 2014 Attn: Mayor Ron Morrison, Members of the City Council, City Manager Leslie Deese The Friends of the Library request your acceptance of our gift of another innovative glass art piece to be affixed to the inner side of the center window in the Young Adult Center. Both the Library Board of Trustees and the National City Public Art Committee have reviewed and voted to accept this gift. We are enclosing a picture of the proposed piece entitled "By the Wine -dark Waters" from the Odyssey. This artwork was designed by the internationally known artist Jim Hubbell who was responsible for the other two windows installed in the same area. Mr. Hubbell's latest colored glass design will complete this stunning display. Sincerely, Gloria Bird President Friends of the National City Library 16S7. llf UNCONDITIONAL DONATION OF PERSONAL PROPERTY TO THE CITY OF NATIONAL CITY The Friends of the National City Public Library (hereinafter referred to as "the Donor") hereby makes an unconditional donation, in perpetuity, of a 30" x 90" stained-glass panel designed by Artist James Hubbell, inspired "By the Wine -Dark Waters" from the Odyssey, to be affixed to the inner side of the center window in the library's Reference/Young Adult area (hereinafter referred to as "the Donation") to the City of National City (the "City"). The Donor understands and acknowledges that pursuant to Sections 37354 and 37355 of the California Government Code, the City is authorized to accept said Donation for any public purpose that the City desires. Due to the nature of the donation, namely, a work of art, and the site on which it is installed, the Donor and his/her/its agents, heirs, successors and assigns hereby waive any and all rights they may have under the California Art Preservation Act, as set forth in Civil Code Section 987. The Donor agrees that upon completion, the physical work of art which is created or installed pursuant to this Agreement shall be transferred to and shall vest in the City of National City, and the Donor hereby expressly waives and releases all rights of ownership to the work of art, including those under Civil Code Section 988. The Donor, his/her agents, heirs, successors and assigns also agree not to attempt to defeat this waiver by cooperating with any organization which seeks to bring an action under Civil Code Section 989. Notwithstanding the foregoing, the parties acknowledge that it is the Donor's intent that the work of art being donated herewith be displayed for an indefinite period of time in the National City Public Library. Accordingly, in accepting the donation, the City agrees that in the event its City Council should determine in the future that the work of art shall be removed from the Library, the City shall first give the Donor the option to take ownership of and remove the work of from the Library at the Donor's sole cost and expense. The Donor hereby releases the City of National City and its officers, employees and volunteers, against and from any and all liability, loss, damages to property, claims, demands, suits, actions, proceedings, costs or attorney's fees, of any kind or nature, resulting from or arising out of the City's use of the Donation. The individual executing this document on behalf of the Donor represents that he/she has the legal power, right and authority to bind the Donor; that all requisite action (corporate, trust, partnership or otherwise) has been taken by the Donor in connection with authorizing the execution of this document; that this document shall be legally enforceable as to the Donor; and that the execution of this document does not conflict with or result in the breach of any contract, bond, note or other agreement or instrument to which the Donor is a party. Dated: -2//y/ar®/y Dated: DONOR: The Friends of the National City Public Library Gloria Bird, President CITY OF NATIONAL CITY By: Ron Morrison, Mayor RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE DONATION OF A JAMES HUBBELL ART PIECE VALUED AT $6,912 FROM THE FRIENDS OF THE LIBRARY CONSISTENT WITH CITY COUNCIL POLICY NO. 204 WHEREAS, the Friends of the Library (the "Donor") desires to donate a glass art piece by the internationally known artist James Hubbell that is valued at $6,912; and WHEREAS, the 30" x 90" stained-glass artwork, titled "By the Wine -dark Waters", will be affixed to the center window in the Library's Young Adult section; and WHEREAS, this donation is in compliance with City Council Policy No. 204, "Donation Acceptance Policy", and shall vest title in the art piece with the City, provided that in the event the City Council should determine in the future that the work of art shall be removed from the Library, the City shall first give the Donor the option to take ownership of and remove the work of art from the Library at the Donor's sole cost and expense. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the donation of a James Hubbell art piece valued at $6,912 from the Friends of the Library consistent with City Council Policy No. 204. PASSED and ADOPTED this 21 st day of May, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the acceptance of a grant award of $10,000.00 from the California Office of Traffic Safety (OTS) for the AVOID DUI Campaign to conduct DUI related enforcement operations for the Police Department as part of a countywide regional task force effort and authorizing the Chief of Police to execute all grant -related documents and authorizing the establishment of fund appropriations and a corresponding revenue budget for reimbursement of overtime for DUI operations prior to the grant deadline of September 30, 2014 . PREPARED BY: Sergeant Mike Harlan DEPARTMENT: Police ��-' ent PHONE: 336-4446 APPROVED BY: EXPLANATION: On August 8, 2013, the San Diego County Sheriffs DeOartment was awarded $300,000.00 in grant funds from the Office of Traffic Safety (OTS) to administer and complete the objectives of the AVOID DUI Campaign in San Diego County. The grant was approved for a one-year period beginning October 1, 2013 and ending September 30, 2014. This award is based upon a grant proposal submitted to the Office of Traffic Safety for the purpose of reducing the number of persons killed or injured in alcohol - involved traffic collisions. The National City Police Department was approved and allotted to receive $10,000.00 of these grant funds to assist with completing the objectives of the AVOID DUI Campaign. The grant funds allocated will be used to fund overtime operations such as DUI saturation patrols, DUI/Driver's License Checkpoints, and other related alcohol enforcement operations. FINANCIAL STATEMENT: n/a APPROVED: ACCOUNT NO. 290-11644 * Revenue Acct APPROVED: 290-411-644-* Expenditure Acct The grant award $10,000.00 over the one-year grant period. No matching City funds are required. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Grant Documents AGREEMENT FOR THE AVOID DUI CAMPAIGN AMENDMENT NO. 4 RECITALS CPY 1. Original Agreement — On or about December 23, 2008, the PARTIES to the Agreement listed in Amendment Recital 2, below, entered into the AGREEMENT FOR THE AVOID DUI CAMPAIGN ("Agreement") effective retroactively to October 1, 2008 and with a termination date of January 31, 2012, subject to various provisions of the Agreement. 2. Parties To The Agreement -- The Agreement has been, prior to this Amendment No. 4 between the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF CARLSBAD, CITY OF CHULA VISTA, CITY OF CORONADO, CITY OF EL CAJON, CITY OF ESCONDIDO, CITY OF LA MESA, CITY OF NATIONAL CITY, CITY OF OCEANSIDE, CITY OF SAN DIEGO, (collectively the "CITIES"), SAN DIEGO STATE UNIVERSITY ("SDSU"), UNIVERSITY OF CALIFORNIA SAN DIEGO ("UCSD"), SAN DIEGO COMMUNITY COLLEGE DISTRICT ("SDCCD"), the CALIFORNIA HIGHWAY PATROL ("CHP"), and the MOTHERS AGAINST DRUNK DRIVING ("MADD"), collectively the "PARTIES", for program support of the AVOID DUI Campaign ("AVOID"). 3. Party Departments Or Agencies Participating In The Agreement -- For the COUNTY, participating agencies are the Sheriffs Department and Probation Department. For the CITIES, participating agencies are their respective police departments. For the colleges, participating agencies are their respective police departments. CHP does not have a subordinate agency or department participant. 4. Authority To Amend The Agreement — The Sheriff is authorized to enter into amendments to the Agreement on behalf of the COUNTY pursuant to the March 23, 2010 grant of authority by the Board of Supervisors. The persons signing this Amendment No. 4 on behalf of the CITIES and colleges represent that they have the authority to do so. 5. Previous Amendments — Amendment No. 1 was entered into by the Parties effective March 23, 2010. Amendment No. 2 was entered into by the Parties effective October 1, 2011. Amendment No. 3 was entered into by the Parties effective October 1, 2012. 6. MADD -- On October 24, 2012, MADD asked that it be removed from the Agreement due to non -participation and non -reimbursement under the FFY 2012-2013 DUI Avoid grant program. Page 1 of 7 THEREFORE, the PARTIES agree to the following: AMENDMENTS TO THE AGREEMENT A. The Agreement's "PARTIES TO THE AGREEMENT" is amended and restated to read as follows: This Agreement is among the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF CHULA VISTA, CITY OF CORONADO, CITY OF ESCONDIDO, CITY OF LA MESA, CITY OF NATIONAL CITY, CITY OF OCEANSIDE, CITY OF SAN DIEGO, (collectively the "CITIES"), SAN DIEGO UNIFIED PORT DISTRICT HARBOR POLICE DEPARTMENT ("SDUPDHPD'), CALIFORNIA STATE UNIVERSITY, SAN MARCOS ("CSUSM"), PALOMAR COMMUNITY COLLEGE DISTRICT ("PCCD"), SAN DIEGO COMMUNITY COLLEGE DISTRICT ("SDCCD"), SAN DIEGO STATE UNIVERSITY ("SDSU"), UNIVERSITY OF CALIFORNIA SAN DIEGO ("UCSD"), and the CALIFORNIA STATE PARKS ("CSP"), collectively the "PARTIES," for program support of the Avoid DUI Campaign ("AVOID"). B. The Agreement's "Party Departments Or Agencies Participating In The Agreement" is amended and restated to read as follows: For the COUNTY, participating agencies include the Sheriffs Department and the Probation Department. For the CITIES, participating agencies are their respective police departments. For the colleges, participating agencies are their respective police departments. For the port district, the participating agency is the San Diego Unified Port District Harbor Police Department. The services and obligations of PARTIES and their participating departments or agencies are set forth herein. C. The Agreement's "RECITALS" beginning on Page 1 are numbered, amended and restated to read as follows: 1. COUNTY through SHERIFF received funds from the California Office of Traffic Safety (OTS), under the FY 2008 AVOID DUI Campaign grant. 2. Funds shall be used to support the AVOID program which will establish a multi - agency regional DUI effort in San Diego County to reduce alcohol -involved fatalities and injuries and raise public awareness relating to the problems associated with drinking and driving. 3. Government Code §55632 authorizes COUNTY through SHERIFF and the CITIES by and through their respective police departments, to contract with SHERIFF for provision of joint law enforcement services. Page 2 of 7 4. PARTIES desire to enter into an agreement with provisions concerning the nature and extent of AVOID collaboration, services rendered, and compensation. 5. COUNTY, by action of the Board of Supervisors Minute Order No. 1 dated September 16, 2008 approved and authorized the Board of Supervisors to execute expenditure contracts to use OTS AVOID grant funds to reimburse MADD for press conferences, multi -media educational shows at schools and college campuses, and educational handouts at DUI checkpoints not to exceed $76,050 and all PARTIES for overtime expenses incurred in AVOID activities not to exceed $381,951 as described in Exhibit B — SCHEDULE B, DETAILED BUDGET ESTIMATE, C. Contractual Services, during the project period beginning October 1, 2008 through January 31, 2012. 6. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL ("ABC"), PALOMAR COMMUNITY COLLEGE POLICE DEPARTMENT ("PCCPD"), and SAN DIEGO UNIFIED PORT DISTRICT HARBOR POLICE DEPARTMENT ("SDUPDHPD") desire to enter into an agreement with provisions concerning the nature and extent of AVOID collaboration, services to be rendered, and compensation to be paid. 7. ABC and CHP acknowledge they cannot be compensated due to contractual issues with California Office of Traffic Safety (OTS) funding other state agencies using AVOID grant funds. 8. COUNTY, by action of the Board of Supervisors Minute Order No. 2 dated March 23, 2010 approved and authorized the Sheriff to specifically add PCCPD and SDUHPD to the list of participating agencies and to execute all required grant and grant -related documents, amendments and expenditure contracts, including adding law enforcement agencies, that do not materially impact or alter the services or funding level. 9. On July 8, 2011, the Sheriff was notified of a tentative approval of funding from the California OTS under the Sheriff's Avoid DUI Campaign application for the project period beginning October 1, 2011 through September 30, 2012. 10. On September 13, 2011, the Board of Supervisors, in approving its Agenda Item 3, approved and authorized the Sheriff to accept grant funds totaling $315,728 for the project period October 1, 2011 through September 30, 2012. 11. CALIFORNIA STATE UNIVERSITY, SAN MARCOS (CSUSM) desires to enter into an agreement with provisions concerning the nature and extent of AVOID collaboration, services to be rendered, and compensation to be paid. 12. CITY OF CARLSBAD and the CITY OF EL CAJON shall not be reimbursed from the Avoid DUI grant program funds and are not participating agencies. Page3 of7 13. On October 20, 2011, ABC stated in an email that, "...the ABC is no longer permitted to enter into the AVOID grants, even if not reimbursed. Therefore, we will not be signing the contract. However, the ABC continues to remain a partner with San Diego County allied law enforcement and available for enforcement operations." 14. On March 2, 2012, CALIFORNIA STATE PARKS indicated a desire to enter into an agreement with provisions concerning the nature and extent of AVOID collaboration, services to be rendered, and compensation to be paid. 15. On April 3, 2012, the Board of Supervisors in approving its Agenda Item 5, approved and authorized the Sheriff to submit a grant application to the California Office of Traffic Safety (OTS) for Federal Fiscal Year (FFY) 2012-2013 DUI Avoid grant program and to accept the grant funding if awarded and there are no material changes to the grant terms. The Board of Supervisors also approved and authorized the Sheriff to apply for and accept grant funding from OTS in subsequent years if there are no material changes to the grant terns and funding levels, and in such subsequent years, review and execute all required grant and grant -related documents, including agreements with other government agencies for the distribution of grant funds where necessary to carry out the purposes of the grant and any annual extension, amendments, and/or revisions thereof that do not materially impact or alter the services or funding level. 16. On August 2, 2012, the CHP indicated that they should not have been part of the original Agreement and would not be signing the contract. 17. On October 9, 2012, the OTS approved the SHERIFF'S FFY 2012-2013 DUI Avoid application and an award amount of $300,000 for the grant period beginning October 1, 2012 through September 30, 2013. 18. On August 8, 2013, the OTS approved the SHERIFF"S FFY 2013-2014 DUI Avoid application and an award amount of $300,000 for the grant period beginning October 1, 2013 through September 30, 2014. 19. On October 8, 2013, the Board of Supervisors in approving its Agenda Item 3, approved and authorized the Sheriff to appropriate grant funds totaling $300,000 for the project period October 1, 2013 through September 30, 2014. Page 4 of 7 D. Section V, "COST OF SERVICES/CONSIDERATION" is amended as set forth below: 1. A. General As full consideration for the satisfactory performance and completion by non -County PARTIES of AVOID Activities set forth in this Agreement, COUNTY through SHERIFF shall pay to non -County PARTIES, for personnel assigned to perform AVOID Activities on the basis of invoices and submittals as set forth hereunder. Such payments by COUNTY through SHERIFF are dependent on the continued availability of grant funds from the California Office of Traffic Safety. 2. C. Method of Payment 1. Non -County PARTIES shall fax an itemized invoice, timesheets, and any other related supporting documentation that represents amounts due under this Agreement to SHERIFF no later than 5:00 p.m. fifteen (15) business days following the end of each month of the contract year, and no later than 5:00 p.m. fifteen (15) business days of each succeeding month during the term of this Agreement. a. Invoice, timesheets, and other related supporting documentation must have the signature of each non -County PARTIES' designated coordinator or his or her designee, certifying that the invoice, timesheets, and related documentation are true and correct. 2. Non -County PARTIES shall mail original documents in section V.C.1. no later than 5:00 p.m. of the fifteenth (15th) business day following the end of each month of the contract year, and no later than 5:00 p.m. of the fifteenth (15th) business day of each succeeding month during the term of this Agreement to: San Diego County Sheriff's Department, Grants Unit, Ref: AVOID, P. O. Box 939062, San Diego, CA 92193. F. Except as otherwise provided by this AMENDMENT NO. 4, the Agreement, and each and every other term and condition therein, shall remain in full force and effect. EXECUTION This AMENDMENT NO. 4 may be signed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto approve and agree to the terms of this AMENDMENT NO. 4 to the original Agreement, such AMENDMENT NO. 4 being effective October 1, 2013, unless otherwise specified. Page 5 of 7 COUNTY OF SAN DIEGO SHERT,F'F'S DEPARTMENT /40te William D. Gore Sheriff CHULA VISTA POLICE DEPT. ATTACHED David Bejarano Chief CO TY.I ^ S DIEGO TI►,al�'ARTN Mack J Chief 1 CORONADO P ICE DEPT. 'ATTACHED Jon Froomin Chief ESCONDIDO POLICE DEPT. LA MESA POLICE DEPT. ATTACHED Craig Carter Chief ATTACHED Ed Aceves Chief NATIONAL CITY POLICE DEPT, OCEANSIDE POLICE DEPT. ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT SAN DIEGO UNIFIED PORT DISTRICT HARBOR POLICE DEPT. ATTACHED ATTACHED William Lansdowne Chief John Bolduc Chief CALIFORNIA STATE UNIVERSITY, PALOMAR COMMUNITY COLLEGE SAN MARCOS POLICE DEPT. ATTACHED ATTACHED Robert McManus Anthony Cruz (Acting) Chief Chief SAN DIEGO COMMUNITY COLLEGE SAN DIEGO STATE UNIVERSITY POLICE DEPT. POLICE DEPT. ATTACHED ATTACHED Edward Headtke (Acting) Lamine Secka (Acting) Chief Chief Page 6 of 7 COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Mack Jenkins Sheriff Chief CHULA VI TA POLICE DEPT. CORONADO POLICE DEPT. . I 1 .i#i,. ATTACHED David Bej ano Jon Froomin Chief Chief ESCONDIDO POLICE DEPT. LA MESA POLICE DEPT. ATTACHED ATTACHED Craig Carter Ed Aceves Chief Chief NATIONAL CITY POLICE DEPT. OCEANSIDE POLICE DEPT. ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT SAN DIEGO UNIFIED PORT DISTRICT HARBOR POLICE DEPT. ATTACHED ATTACHED William Lansdowne Chief John Bolduc Chief CALIFORNIA STATE UNIVERSITY, PALOMAR COMMUNITY COLLEGE SAN MARCOS POLICE DEPT. ATTACHED ATTACHED Robert McManus Anthony Cruz (Acting) Chief Chief SAN DIEGO COMMUNITY COLLEGE SAN DIEGO STATE UNIVERSITY POLICE DEPT. POLICE DEPT. ATTACHED ATTACHED Edward Headtke (Acting) Lamine Secka (Acting) Chief Chief Page 6 of 7 COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Mack Jenkins Sheriff Chief CHULA VISTA POLICE DEPT. RONADO POLICE DEPT. ATTACHED David Bejarano Chief ESCONDIDO POLICE DEPT. ATTACHED Craig Carter Chief on Froo in Chief LA MESA POLICE DEPT. ATTACHED Ed Aceves Chief NATIONAL CITY POLICE DEPT. OCEANSIDE POLICE DEPT. ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT SAN DIEGO UNIFIED PORT DISTRICT HARBOR POLICE DEPT. ATTACHED ATTACHED William Lansdowne Chief John Bolduc Chief CALIFORNIA STATE UNIVERSITY, PALOMAR COMMUNITY COLLEGE SAN MARCOS POLICE DEPT. ATTACHED ATTACHED Robert McManus Anthony Cruz (Acting) Chief Chief SAN DIEGO COMMUNITY COLLEGE SAN DIEGO STATE UNIVERSITY POLICE DEPT. POLICE DEPT. ATTACHED ATTACHED Edward Headtke (Acting) Lamine Secka (Acting) Chief Chief Page 6 of 7 COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Mack Jenkins Sheriff Chief CHULA VISTA POLICE DEPT. CORONADO POLICE DEPT. ATTACHED ATTACHED David Bejarano Chief ESCO.AFHHDO PO Jon Froomin Chief LA MESA POLICE DEPT. ATTACHED Craig Carter Ed Aceves Chief Chief NATIONAL CITY POLICE DEPT. OCEANSIDE POLICE DEPT. ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT SAN DIEGO UNIFIED PORT DISTRICT HARBOR POLICE DEPT. ATTACHED ATTACHED William Lansdowne Chief John Bolduc Chief CALIFORNIA STATE UNIVERSITY, PALOMAR COMMUNITY COLLEGE SAN MARCOS POLICE DEPT. ATTACHED ATTACHED Robert McManus Anthony Cruz (Acting) Chief Chief SAN DIEGO COMMUNITY COLLEGE SAN DIEGO STATE UNIVERSITY POLICE DEPT. POLICE DEPT. ATTACHED ATTACHED Edward Headtke (Acting) Lamine Secka (Acting) Chief Chief Page 6 of 7 COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Mack Jenkins Sheriff Chief CHULA VISTA POLICE DEPT. CORONADO POLICE DEPT. ATTACHED David Bejarano Chief ESCONDIDO POLICE DEPT. ATTACHED Craig Carter Chief ATTACHED Jon Froomin Chief LA MESA POLIC EPT. d Aceves Chief NATIONAL CITY POLICE DEPT. OCEANSIDE POLICE DEPT. ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT SAN DIEGO UNIFIED PORT DISTRICT HARBOR POLICE DEPT. ATTACHED ATTACHED William Lansdowne Chief John Bolduc Chief CALIFORNIA STATE UNIVERSITY, PALOMAR COMMUNITY COLLEGE SAN MARCOS POLICE DEPT. ATTACHED ATTACHED Robert McManus Chief Anthony Cruz (Acting) Chief SAN DIEGO COMMUNITY COLLEGE SAN DIEGO STATE UNIVERSITY POLICE DEPT. POLICE DEPT. ATTACHED ATTACHED Edward Headtke (Acting) Lamine Secka (Acting) Chief Chief Page 6 of 7 COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Mack Jenkins Sheriff Chief CHULA VISTA POLICE DEPT. CORONADO POLICE DEPT. ATTACHED ATTACHED David Bejarano Jon Froomin Chief Chief ESCONDIDO POLICE DEPT. LA MESA POLICE DEPT. ATTACHED ATTACHED Craig Carter Ed Aceves Chief Chief NATIONAL CITY POLICE DEPT. OCEANSIDE POLICE DEPT. �_.--- ATTACHED Manue Rodriguez Frank McCoy Chief Chief SAN DIEGO POLICE DEPARTMENT SAN DIEGO UNIFIED PORT DISTRICT HARBOR POLICE DEPT. ATTACHED ATTACHED William Lansdowne Chief John Bolduc Chief CALIFORNIA STATE UNIVERSITY, PALOMAR COMMUNITY COLLEGE SAN MARCOS POLICE DEPT. ATTACHED ATTACHED Robert McManus Anthony Cruz (Acting) Chief Chief SAN DIEGO COMMUNITY COLLEGE SAN DIEGO STATE UNIVERSITY POLICE DEPT. POLICE DEPT. ATTACHED ATTACHED Edward Headtke (Acting) Lamine Secka (Acting) Chief Chief Page 6 of 7 COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Mack Jenkins Sheriff Chief CHULA VISTA POLICE DEPT. CORONADO POLICE DEPT. ATTACHED ATTACHED David Bejarano Jon Froomin Chief Chief ESCONDIDO POLICE DEPT. LA MESA POLICE DEPT. ATTACHED ATTACHED Craig Carter Chief Ed Aceves Chief NATIONAL CITY POLICE DEPT. OCEANSIDE POLICE DEPT. ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT SAN DIEGO UNIFIED PORT DISTRICT HARBOR POLICE DEPT. ATTACHED ATTACHED William Lansdowne Chief John Bolduc Chief CALIFORNIA STATE UNIVERSITY, PALOMAR COMMUNITY COLLEGE SAN MARCOS POLICE DEPT. ATTACHED ATTACHED Robert McManus Anthony Cruz (Acting) Chief Chief SAN DIEGO COMMUNITY COLLEGE SAN DIEGO STATE UNIVERSITY POLICE DEPT. POLICE DEPT. ATTACHED ATTACHED Edward Headtke (Acting) Lamine Secka (Acting) Chief Chief Page 6 of 7 COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Mack Jenkins Sheriff Chief CHULA VISTA POLICE DEPT. CORONADO POLICE DEPT. ATTACHED ATTACHED David Bejarano Jon Froomin Chief Chief ESCONDIDO POLICE DEPT. LA MESA POLICE DEPT. ATTACHED ATTACHED Craig Carter Ed Aceves Chief Chief NATIONAL CITY POLICE DEPT. OCEANSIDE POLICE DEPT. ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief GO POLICE DEPARTMENT SAN DIEGO UNIFIED PORT DISTRICT HARBOR POLICE DEPT. William L. isdowne Chief ATTACHED John Bolduc Chief CALIFORNIA STATE UNIVERSITY, PALOMAR COMMUNITY COLLEGE SAN MARCOS POLICE DEPT. ATTACHED ATTACHED Robert McManus Anthony Cruz (Acting) Chief Chief SAN DIEGO COMMUNITY COLLEGE SAN DIEGO STATE UNIVERSITY POLICE DEPT. POLICE DEPT. ATTACHED ATTACHED Edward Headtke (Acting) Laraine Secka (Acting) Chief Chief Page 6 of 7 COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Mack Jenkins Sheriff Chief CHULA VISTA POLICE DEPT. CORONADO POLICE DEPT. ATTACHED ATTACHED David Bejarano Jon Froomin Chief Chief ESCONDIDO POLICE DEPT. LA MESA POLICE DEPT. ATTACHED ATTACHED Craig Carter Ed Aceves Chief Chief NATIONAL CITY POLICE DEPT. OCEANSIDE POLICE DEPT. ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT SAN DIEGO UNIFIED PORT DISTRICT HARBOR POLICE DEPT. ATTACHED /1 /� William Lansdowne John olduc V Chief Chief CALIFORNIA STATE UNIVERSITY, PALOMAR COMMUNITY COLLEGE SAN MARCOS POLICE DEPT. ATTACHED ATTACHED Robert McManus Anthony Cruz (Acting) Chief Chief SAN DIEGO COMMUNITY COLLEGE SAN DIEGO STATE UNIVERSITY POLICE DEPT. POLICE DEPT. ATTACHED ATTACHED Edward Headtke (Acting) Lamine Secka (Acting) Chief Chief Page 6 of 6 COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Mack Jenkins Sheriff Chief CHULA VISTA POLICE DEPT. CORONADO POLICE DEPT. ATTACHED ATTACHED David Bejarano Jon Froomin Chief Chief ESCONDIDO POLICE DEPT. LA MESA POLICE DEPT. ATTACHED ATTACHED Craig Carter Ed Aceves Chief Chief NATIONAL CITY POLICE DEPT. OCEANSIDE POLICE DEPT. ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT SAN DIEGO UNIFIED PORT DISTRICT HARBOR POLICE DEPT. ATTACHED ATTACHED William Lansdowne Chief John Bolduc Chief CALIFORNIA STATE UNIVERSITY, PALOMAR COMMUNITY COLLEGE ARCQS POLICE DEPT. ATTACHED Robert McManus V Anthony Cruz (Acting) Chief Chief SAN DIEGO COMMUNITY COLLEGE SAN DIEGO STATE UNIVERSITY POLICE DEPT. POLICE DEPT. .ATTACHED ATTACHED Edward Headtke (Acting) Chief Chief Laraine Secka (Acting) Page 6 of 7 COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT ATTACHED William D. Gore Sheriff CHULA VISTA POLICE DEPT. ATTACHED David Bejarano Chief ESCONDIDO POLICE DEPT. ATTACHED Craig Carter Chief NATIONAL CITY POLICE DEPT. ATTACHED Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT ATTACHED William Lansdowne Chief CALIFORNIA STATE UNIVERSITY, SAN MARCOS SIGNATURE FOR CSUSM Procurement Manager below Robert McManus %-J /C� -z Chief ijuv�C: ritt SAN DIEGO COMMUNITY COLLEGE POLICE DEPT. ATTACHED Edward Headtke (Acting) Chief COUNTY OF SAN DIEGO PROBATION DEPARTMENT ATTACHED Mack Jenkins Chief CORONADO POLICE DEPT. ATTACHED Jon Froomin Chief LA MESA POLICE DEPT. ATTACHED Ed Aceves Chief OCEANSIDE POLICE DEPT. ATTACHED Frank McCoy Chief SAN DIEGO UNIFIED PORT DISTRICT HARBOR POLICE DEPT. ATTACHED John Bolduc Chief PALOMAR COMMUNITY COLLEGE POLICE DEPT. ATTACHED Anthony Cruz Chief SAN DIEGO STATE UNIVERSITY POLICE DEPT. ATTACHED Lamine Secka (Acting) Chief Page 6 of 7 COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Mack Jenkins Sheriff Chief CHULA VISTA POLICE DEPT. CORONADO POLICE DEPT. ATTACHED ATTACHED David Bejarano Jon Froomin Chief Chief ESCONDIDO POLICE DEPT. LA MESA POLICE DEPT. ATTACHED ATTACHED Craig Carter Ed Aceves Chief Chief NATIONAL CITY POLICE DEPT. OCEANSIDE POLICE DEPT. ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT SAN DIEGO UNIFIED PORT DISTRICT HARBOR POLICE DEPT. ATTACHED ATTACHED William Lansdowne Chief John Bolduc Chief CALIFORNIA STATE UNIVERSITY, PALOMAR COMMUNITY COLLEGE SAN MARCOS POLICE DEPT. ATTACHED Robert McManus Chief " 'i `h. r Anthony Cr4 (Acting) Chief SAN DIEGO COMMUNITY COLLEGE SAN DIEGO STATE UNIVERSITY POLICE DEPT. POLICE DEPT. ATTACHED ATTACHED Edward Headtke (Acting) Lamine Secka (Acting) Chief Chief Page6of7 COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Mack Jenkins Sheriff Chief CHULA VISTA POLICE DEPT. CORONADO POLICE DEPT. ATTACHED ATTACHED David Bej arano Jon Froomin Chief Chief ESCONDIDO POLICE DEPT. LA MESA POLICE DEPT. ATTACHED ATTACHED Craig Carter Ed Aceves Chief Chief NATIONAL CITY POLICE DEPT. OCEANSIDE POLICE DEPT. ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT SAN DIEGO UNIFIED PORT DISTRICT HARBOR POLICE DEPT. ATTACHED ATTACHED William Lansdowne Chief John Bolduc Chief CALIFORNIA STATE UNIVERSITY, PALOMAR COMMUNITY COLLEGE SAN MARCOS ATTACHED Robert McManus Chief POLICE DEPT. ATTACHED Anthony Cruz (Acting) Chief SAN DIEGO COMMUNITY COLLEGE SAN DIEGO STATE UNIVERSITY POLICE DEPT. POLICE DEPT. ATTACHED Edward Heddtke (Acting) Lamine Secka (Acting) Chief Chief Page 6 of 7 COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Mack Jenkins Sheriff Chief CHULA VISTA POLICE DEPT. CORONADO POLICE DEPT. ATTACHED ATTACHED David Bejarano Jon Froomin Chief Chief ESCONDIDO POLICE DEPT. LA MESA POLICE DEPT. ATTACHED ATTACHED Craig Carter Ed Aceves Chief Chief NATIONAL CITY POLICE DEPT. OCEANSIDE POLICE DEPT. ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT SAN DIEGO UNIFIED PORT DISTRICT HARBOR POLICE DEPT. ATTACHED ATTACHED William Lansdowne Chief John Bolduc Chief CALIFORNIA STATE UNIVERSITY, PALOMAR COMMUNITY COLLEGE SAN MARCOS POLICE DEPT. ATTACHED ATTACHED Robert McManus Anthony Cruz (Acting) Chief Chief SAN DIEGO COMMUNITY COLLEGE POLICE DEPT. POLIC D ATTACHED Edward Headtke (Acting) Chief SAN DIEGO STATE UNIVERSITY L. ine S; cka ( Chief Page 6 of 7 UNIVERSITY OF CALIFORNIA, SAN DIEGO POLICE DEPT. Orville King Chief CALIFORNIA STATE UNIVERSITY, SAN MARCOS ATTACHED David Taylor Procurement Manager Approved as to form and legality: SAN DIEGO COUNTY COUNSEL ATTACHED William L. Pettingill Senior Deputy CALIFORNIA STATE PARKS ATTACHED Garratt Aitchison District Superintendent CITY OF SAN DIEGO PURCHASING & CONTRACTING ATTACHED Dennis Gakunga Director JAN GOLDSMITH, CITY ATTY. ATTACHED Linda L. Peter Deputy City Attorney Page 7 of 7 UNIVERSITY OF CALIFORNIA, SAN DIEGO POLICE DEPT. ATTACHED Orville King Chief CALIFORNIA STATE PARKS Garratt Aitchison District Superintendent CALIFORNIA STATE UNIVERSITY, CITY OF SAN DIEGO SAN MARCOS PURCHASING & CONTRACTING ATTACHED ATTACHED David Taylor Procurement Manager Dennis Gakunga Director Approved as to form and legality: SAN DIEGO COUNTY COUNSEL JAN GOLDSMITH, CITY ATTY. ATTACHED ATTACHED William L. Pettingill Linda L. Peter Senior Deputy Deputy City Attorney Page 7 of 7 UNIVERSITY OF CALIFORNIA, SAN DIEGO POLICE DEPT. ATTACHED Orville King Chief CALIFORNIA STATE UNIVERSITY, SAN MARCOS SEE SIGNATURE ON PAGE 6 OF 7 David Taylor Procurement Manager Approved as to form and legality: SAN DIEGO COUNTY COUNSEL ATTACHED William L. Pettingill Senior Deputy CALIFORNIA STATE PARKS ATTACHED Garret Aitchison District Superintendent CITY OF SAN DIEGO PURCHASING & CONTRACTING ATTACHED Dennis Gakunga Director JAN GOLDSMITH, CITY ATTY. ATTACHED Linda L. Peter Deputy City Attorney Page 7 of 7 UNIVERSITY OF CALIFORNIA, CALIFORNIA STATE PARKS SAN DIEGO POLICE DEPT. ATTACHED Orville King Chief CALIFORNIA STATE UNIVERSITY, SAN MARCOS ATTACHED David Taylor Procurement Manager Approved as to form and legality: SAN DIEGO COUNTY COUNSEL ATTACHED William L. Pettingill Senior Deputy ATTACHED Garratt Aitchison District Superintendent CITY OF SAN DIEGO PURCHASING & CONTRACTING De Gakunga Director JAN GOLDSMITH, CITY ATTY. ATTACHED Linda L. Peter Deputy City Attorney Page 7 of 7 UNIVERSITY OF CALIFORNIA, SAN DIEGO POLICE DEPT. ATTACHED Orville King Chief CALIFORNIA STATE UNIVERSITY, SAN MARCOS ATTACHED David Taylor Procurement Manager Apo SA Will S eni . eputy ed to form and legality: IE f S COUNTY COUNSEL gill CALIFORNIA STATE PARKS ATTACHED Garratt Aitchison District Superintendent CITY OF SAN DIEGO PURCHASING & CONTRACTING ATTACHED Dennis Gakunga Director JAN GOLDSMITH, CITY ATTY. ATTACHED Linda L. Peter Deputy City Attorney Page 7 of 7 UNIVERSITY OF CALIFORNIA, CALIFORNIA STATE PARKS SAN DIEGO POLICE DEPT. ATTACHED ATTACHED Orville King Chief Garratt Aitchison District Superintendent CALIFORNIA STATE UNIVERSITY, CITY OF SAN DIEGO SAN MARCOS PURCHASING & CONTRACTING ATTACHED ATTACHED David Taylor Procurement Manager Dennis Gakunga Director Approved as to form and legality: SAN DIEGO COUNTY COUNSEL JAN GOLDSMITH, CITY ATTY. ATTACHED William L. Pettingill Senior Deputy Deputy City Attorney frL.pete' r Page 7 of 7 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF A $10,000 GRANT AWARD FOR THE POLICE DEPARTMENT FROM THE OFFICE OF TRAFFIC SAFETY FOR THE AVOID DUI CAMPAIGN TO CONDUCT DUI RELATED ENFORCEMENT OPERATIONS AS PART OF A COUNTYWIDE REGIONAL TASK FORCE EFFORT, AUTHORIZING THE CHIEF OF POLICE TO EXECUTE ALL GRANT -RELATED DOCUMENTS, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET FOR REIMBURSEMENT OF OVERTIME COSTS FOR DUI OPERATIONS PRIOR TO THE GRANT DEADLINE OF SEPTEMBER 30, 2014 WHEREAS, on August 8, 2013, the San Diego County Sheriff's Department was awarded $300,000 in grant funds from the Office of Traffic Safety ("OTS") to administer and complete the objectives of the AVOID DUI Campaign in San Diego County; and WHEREAS, the grant was approved for a one-year period beginning October 1, 2013 through September 30, 2014; and WHEREAS, the award is based upon a grant proposal submitted by the Police Department to the OTS for the purpose of reducing the number of persons killed or injured in alcohol -involved traffic collisions; and WHEREAS, the National City Police Department was approved and allotted to receive $10,000 of these grant funds to assist with completing the objectives of the AVOID DUI Campaign; and WHEREAS, the grant funds will be used to fund overtime operations such as DUI saturation patrols, DUI/Driver's License Checkpoints, and other related alcohol enforcement operations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize the acceptance of a grant award in the amount of $10,000 from the Office of Traffic Safety ("OTS") to be used to fund overtime operations, such as DUI saturation patrols, DUI/Driver's License Checkpoints, and other related alcohol enforcement operations, as part of the AVOID DUI Campaign for the purpose of reducing the number of persons killed or injured in alcohol -involved collisions. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Chief of Police to execute all grant related documents. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations and a corresponding revenue budget. [Signature Page to Follow] CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO.8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the acceptance of a grant award of $7,500 from the California Department of Alcoholic Beverage Control, Mini -grant Shoulder Tap and Minor Decoy Enforcement Program and authorizing the Chief of Police to execute all grant -related documents and authorizing the establishment of fund appropriations and a corresponding revenue budget for reimbursement of overtime for decoy/shoulder tap operations prior to the grant deadline of June 30, 2014. PREPARED BY: Lieutenant Graham Young DEPARTMENT: Police PHONE: 336-4514 ill APPROVED BY:.!i%/� EXPLANATION: On February 7, 2014, the National City Police Deparlrnent was approved to receive $7,500.00 in grant funds from the Califomia Department of Alcoholic Beverage Control (ABC). The grant was approved for a one-half year period beginning February 1, 2014 to June 30, 2014. This award is based upon a grant proposal submitted to the California Department of Alcoholic Beverage Control for the purpose of reducing the number of persons killed or injured in traffic collisions that are alcohol -related. The grant funds allocated are to accomplish (6) six Minor Decoy / Shoulder Tap operations at ABC licensed establishments within the city limits of the City of National City. The Grant awards $7,500 over the one half grant period. No matching City funds are required. FINANCIAL STATEMENT: n/a ACCOUNT NO. Revenue Account — 290-11647-** Expenditure Account — 290-411-647-* ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: (Overtime only) FINAL ADOPTION: APPROVED: APPROVED: a Finance MIS STAFF RECOMMENDATION: Approve Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Grant award letter from ABC and Minor Decoy/ Shoulder Tap information sheet. RVt= AND HOUSING A(;pNcy DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (916) 419-2600 January 28, 2013 Chief Manuel Rodriguez National City Police Department 1200 National City Boulevard National City, CA 91950-44302 Re: Minor Decoy/Shoulder Tap Grant Dear Chief Rodriguez: _E[t kuor G Brown lrl: mQC FEB 0 2014 We are please to inform you your agency has been selected to receive funding to participate in the Department of Alcoholic Beverage Control's Minor Decoy/Shoulder Tap training mini grant. We anticipate operations to begin in February and conclude on June 30, 2014. Funding for this project comes from the Office of Traffic Safety through the National Highway Traffic Safety Administration. In order to expedite the issuance of your contract please review and complete the enclosed Minor Decoy/Shoulder Tap Information Sheet, You can mail, fax or email this information to our Grant Coordinator, Diana Fouts-Guter at 3927 Lennane Drive, Suite 100, Sacramento, CA 95834, Fax: (916)419-2599, or email her at Dianafouts- guter@abc.ca.gov. Once we receive the completed information sheet, your designated Operations Officer will be contacted by a Department Agent for training. We appreciate your prompt response and look forward to working with your agency. Si t cerely, imothy orsuch Director Enclosure [AIi f OANIA State of California Department of Alcoholic Beverage Control Minor Decoy/Shoulder Tap Information Sheet Contract will be between: The Department of Alcoholic Beverage Control and The City of National City through the National City Police Department Mailing Address: 1200 National City Boulevard, National City, CA 91950-4302 Funding Amount: $7,500.00 Authority to Sign Contract Name/Title: V\A'i*"av ` o'°Q4(-o•c;'4- et\c-c Address if different from above: sl Federal Tax ID Number: 415 --"(e0C)01 °`cA Operations Officer: Name: %` `� t �"• Telephone Number: Q..a_ .L3lx, - 4S Email Address: &it13tsr\ - t\cL+-aoncS-s-Lak'—kC-<k • 0304 Fiscal Officer (responsible for preparing billings to ABC): Name: --..> c51— c t t C c, urJ•m+A7"o Telephone Number: Qyakq) 3S4'"Za+a Email Address: ck.t) t\o.• •cy RETURN COMPLETED FORM TO: Diana Fouts-Guter Grant Coordinator Department of Alcoholic Beverage Control 3927 Lennane Drive, Suite #100 Sacramento, CA 95834 Diana.fouts-euteraabc.ca.eov Fax: (916)419-2599 Office: (916)928-9807 MAR-25-2014 12:12 DEPT. OP ABC HO 916 419 2599 P.002 STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06103) AGREEMENT NUMBER 13-MST11 REGISTRATION NUMBER GII 1. This Agreement Is entered into between the State Agency and the Contractor named below: STATE AGENCYS NAME The Department of Alcoholic Beverage Control cON RACTORS NAME City Of National City through the National City Police Department 2. The term of this Agreement Is: February 1, 2014 through June 30, 2014 3. The maximum amount of this Agreement is: $7,500.00 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A - Scope of Work 3 pages Exhibit B - Budget Detail and Payment Provisions 1 page Exhibit C - General Terms and Conditions (GTC-610) 1 page Items shown with en Asterisk (') are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed et htfa;I/www.das.ce.Qov/ols/i esouraea/StenderdContractLantrueae.esox IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (ifam eMan an SNUvtduel. State whether a coporation, partnership, eta) City of National C BY merhahedd st om, through the National City Police Department PRINTED NAMEANDOME OF PERSON SIGNING Manuel Rodriguez, Chief DATE s10NEDa›, - W+r) ADDRESS 1200 National City Blvd. National City, CA 91950 STATE OF CALIFORNIA AGENCY NAME The Department of Alcoholic Beverage Control BY fAuNlahed ) DATE SIGN d, /sue PRI NAME AND :r • . r c . i c duardo Imen , Assistant ■ ector, Administration AOORESS 3927 Lennane Drive Ste 100, Sacramento, CA 95834 California Department ofeeneral Services Use Only ® Exempt per. GC14816 MAR-25-2014 12:12 DEPT. OF ABC HQ A 916 419 2599 P.003 13-MST11 EXHIBIT A SCOPE OF WORK L PROJECT REPRESENTATIVES The project representatives during the term of this agreement will be: National City Police Department 1200 National City Blvd National City, CA 91950 Direct all inquiries to: National City Police Department Same as above II. SCOPE OF WORK Department of Alcoholic Beverage Control Chris Brookman District Administrator, Grant Unit 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 916-419-2507 Department of Alcoholic Beverage Control Diana Fouts-Guter, Grant Coordinator 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 916-928-9807 • Contractor agrees to implement thc Department of Alcoholic Beverage Control (ABC) Minor Decoy and Shoulder Tap Programs. These programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage decoys. The project is targeted to reduce underage drinking and thc resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through enforcement intervention and thc impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals: • Contractor agrees to raise public awareness that soiling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys. • Contractor agrees to conduct Minor Decoy Operations at both "On -Sale" and "Off -Sale" licensed establishments. They will also conduct "Shoulder Tap" operations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of thc stores. The operation period of thc grant, February 1, 2014 through June 30, 2014. • Contractor agrees to establish and implement a coordinated effort between Contractor and ABC, and acknowledges no' operations will be carried out until after the Contractor's representative has completed the training/review conducted by an ABC Investigator. MAR-25-2014 12:13 DEPT. OF ABC HQ 916 419 2599 P.004 i. ,tube . 1-MST11 • Contractor agrees to issue press releases as follows: (a) to announce the start of the program; (b) after cach Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) and/or after each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy). Contractor will fax (916) 419-2599 or email each press release to the Department's Public Information Officer (John.carr�laabc.ca.gov) as soon as it is released. • Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: "This project is part of the Department of Alcoholic Beverage Control's Minor Decoy/Shoulder Tap Grant Project, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration." • Contractor agrees to host (provide location and distribute letters/flyers with training dates/tirnes to ABC licensed establishments) a minimum of one (1) LEAD (Licensee Education on Alcohol and Drugs) class within the local law enforcement agencies jurisdiction during the term of this contract. The training will be provided by ABC's Training/LEAD unit. • Contractor agrees to coordinate LEAD training dates/times with ABC to ensure the LEAD Trainer is available to conduct the class. • Contractor will conduct operations with ABC agents for practical training and partnership development Purposes• • Contractor agrees to complete and submit two (2) reports, on. a format designed by the Department of Alcoholic Beverage Control: one due on or before April 15, 2014 (with results of operations through March 31, 2014) and the final report due on or before July 31, 2014 (with results of operations through June 30, 2014). • Contractor agrees to submit an Executive Summary as part of the final report due on or before July 31, 2014. The summary shall contain the following: (1) an evaluation statement concerning the end product and cost benefits; and (2) a listing of recommended and/or adopted policy or procedure changes, if any, occurring as a result of the project. Disclaimer — The final report shall include the following: "The opinions. findings. and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California. Business. Consumer Services and Housing Agency, et the Department of Alcoholic Beverage Control." Project Personnel — Identify the key personnel who worked on the project, together with their job classification, and a brief description of their contribution. problems— Describe any operational or cost problems that were encountered in project implementation. If known, state alternative methods that would have avoided the problem and increased the effectiveness of the project. MAR-25-2014 12:13 •.hI iI ;. DEPT. OF ABC HQ 916 419 2599 P.005 13-MST11 Results — Describe in detail thc results of the project in terms of meeting the original objectives as stated in the project agreement. Also, describe thc results in terms of how they wilt be specifically applied for future improvement of the agency's continuing activities relating to alcohol problem prevention and enforcement. Where possible, describe estimated savings resulting from implementing project results, Documentation — Attach any input and output documents developed. Examples are: new or revised forms, diagrams, management reports, photos, coding manuals, instructional manuals, etc. Other agencies may be able to adapt this material for their benefit. III. AMENDMENT PROCESS Should either party, during the term of this agreement, desire a change or amendment to thc terms of this Agreement, such changes or amendments shall be proposed in writing to the other party, who will respond in writing as to whether the proposed changes/amendments are accepted or rejected. If accepted and after negotiations are concluded, the agreed upon changes shall be made through the State's official agreement amendment process. No amendment will be considered binding on either party until it is formally approved by the State. CANCELLATION/TERMINATION This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. MAR-26-2014 12:13 f, thq,l j 1011 DEPT. OF ABC HO 916 419 2599 P.006 13.44111 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS I. INVOICING AND PAYMENT • For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost). • Invoices shall clearly reference this contract number (13-MST11) and must not exceed the contract total authorized amount of $7,500.00. Invoices arc to be submitted with reports, on the prescribed form designed by the Department of Alcoholic Beverage Control. First report will be due on or before April 1, 2014 for operations conducted through March 31, 2014. Second report will be due on or before July 31, 2014 for operations conducted through June 30, 2014. Department of Alcoholic Beverage Control Attn: Kristine Okino, Grants Fiscal Analyst 3927 Lennane Drive, Suite 100 Sacramento, California 95834 (916) 419-2584 • Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. • Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project and on or before the project termination date. • Contractor understands any other costs incurred by Contractor, other than personnel overtime and benefits as authorized above, in the performance of this agreement are the sole responsibility of Contractor. H. BUDGET CONTINGENCY CLAUSE • It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. • If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. III. PROMPT PAYMENT CLAUSE • Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. MAR-25-2014 12:14 DEPT. OF ABC HO 916 419 2599 P.007 id Man t; 1,4401a1 EXHIBIT C GENERAL TERMS AND CONDITIONS I. GENERAL TERMS AND CONDITIONS 13-MST11 PLEASE NOTE: This page will not be included with the final agreement. The General Terms and Conditions (GTC-610) can be found on the Internet: http://www.das.ca.Rov/ols/Resources/S lardContractl-anguage.acpx TOTAL P.007 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF A GRANT AWARD IN THE AMOUNT OF $7,500 FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, MINI -GRANT SHOULDER TAP AND MINOR DECOY ENFORCEMENT PROGRAM, AUTHORIZING THE CHIEF OF POLICE TO EXECUTE ALL GRANT -RELATED DOCUMENTS, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET FOR REIMBURSEMENT OF OVERTIME COSTS FOR DECOY/SHOULDER TAP OPERATIONS PRIOR TO THE GRANT DEADLINE OF JUNE 30, 2014 WHEREAS, on February 7, 2014, the National City Police Department was approved to receive $7,500 in grant funds from the California Department of Alcoholic Beverage Control ("ABC") to accomplish six Minor Decoy/Shoulder Tap operations at ABC licensed establishments within city limits of the City of National City; and WHEREAS, the grant was approved for a one-half year period from February 1, 2014 to June 30, 2014; and WHEREAS, the award of the grant funds is based on a grant proposal submitted to the California Department of Alcoholic Beverage Control for the purpose of reducing the number of persons killed or injured in traffic collisions that are alcohol related. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize the acceptance of a grant award in the amount of $7,500 from the California Department of Alcoholic Beverage Control to accomplish six Minor Decoy/Shoulder Tap operations at Alcoholic Beverage Control licensed establishments within city limits of the City of National City to reduce the number of persons killed or injured in traffic collisions that are alcohol related. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Chief of Police to execute all grant related documents. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations and a corresponding revenue budget. PASSED and ADOPTED this 15th day of April, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO. 9 ITEM TITLE: Resolution of the City of National City approving and ratifying a Memorandum of Understanding authorizing the Police Department to participate in the Operation Alliance Task Force (OATF) through the California Boarder Alliance Group, Southwest Border High Intensity Drug Trafficking Area (HIDTA) and authorizing the establishment of fund appropriations and a corresponding revenue budget. The multi -year agreement will pay for one (1) National City Police Officer's salary/benefits/overtime and vehicle allowance in the amount of $77,000 PREPARED BY: :David Espiritu, Captain' DEPARTMENT: PHONE: (619) 336-4491 APPROVED BY. EXPLANATION: The Operation Alliance Task Force (OATF) investigates narcotics smuggling, transportation and distribution groups along the Califomia Mexico border based on proactive case development and post seizure analysis of all seizures made by elements of the U.S. Department of Homeland Security (DHS). OATF is comprised of federal, state, and local agencies. The National City Police Department will dedicate one investigator to the task force and the MOU will pay for the officer's salary/benefits/overtime and vehicle allowance in the amount of $77,000. FINANCIAL STATEMENT: ACCOUNT NO. 290-11632-3463 (Revenue) 290-411-632*.* ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: MOU /I/fl7cN��erVr✓rP' California Border Alliance Group Southwest Border High Intensity Drug Trafficking Area Memorandum of Aereement Multi -Year The Office of Drug Control Policy (ONDCP) has awarded a HIDTA Grant, to the San Diego Sheriffs Department (SDSD), Chula Vista Police Department (CVPD) and the California for a Drug Free Youth (CADFY), on behalf of all State and Local Law Enforcement Agencies participating in the California Border Alliance Group (CBAG). These funds shall be used as designated in each agency's CBAG recommended and ONDCP approved budget for that Initiative(s). 2009105AG Scope of Service The services carried out under this memorandum of agreement shall be consistent with those contained in the Initiative Proposal and Budget as approved for funding by ONDCP. Changes shall not be made in the subject or the proposed objectives and products of Initiative activities without prior written approval from the CBAG Director acting on behalf of the Executive Committee. Reprogramming of Funds Reprogramming of funds requires different levels of approval based on the amount to be reprogrammed and whether the reprogramming is intra agency or infra initiative. In all cases the recipient agency is responsible for maintaining detailed records of the reprogramming activities and forwarding a request for authorization to the CBAG Director. Reporting Requirements A final report of initiative expenditures shall be submitted to CBAG within thirty (30) days after the close of the approved period of the HIDTA Grant. Interim financial reports shall be submitted to CRAG by the 30th day following the ending of each quarter. It is understood that these reports are required by ONDCP. The financial report shall contain expenditures / costs by cost categories of the approved initiative budget and the comparison of actual expenditures / costs against budget estimates. Failure to submit reports on a timely basis may result in the interruption or terminationof the initiative funding for that agency. Timely submittal of invoices, with documentation of exenditures. for reimbursement meets this reporting responsibility. Detailed information on the financial reporting requirements are found in the HIDTA Program Guidance, and the HIDTA Financial Management Standards. Invoicing Each agency shall invoice once per quarter for expenditures incurred. Invoices shall report each initiative separately and contain the expenditures by category with the agency providing the required documentation. Equipment (any item costing $1,000 or more, including software) should be identified by item description, serial number and cost. A CBAG inventory bar code tag will be issued for each item. Each agency shall maintain the item in their inventory and place the CBAG tag on each item. This will assist us in meeting ONDCP's requirement for a HIDTA Equipment Book. Pen 1 of a 'certification! :..,. ONDCP; as a condition of funding, requires agertcles.to certify that those, positions funded under the HIDTA . ". • ' Program for salary and benefits would not be filed if it were not for these HRYfA funds. Agency beads; by • • . agreeing to tids.MOA; are agreeing to.submit that certification on agency letterhead usingthe language provided by ONDCP. A position Description is also required.., `. •••. - Acceptance • :.. Acceptance of.this MOA by participating agencies is aeccptanee•of all standards and conditions'of the HIDTA .. Grant. 1n:order to meet •ONDCP HiDTA Guidance, the CBAG Diret tor's Office will conduct an annual' audit of HIDTA expenditures Of all pattiiipatigg agencies, primarily by reviewing the docutnentatiou'submitted with each.. I invoice; but suppleniented'by actual review of original documents; • This MOA shall be a multi-year.agreement effective uponsignature of both agencies and shall remain in effect • • from year to•ycar as long as each agency continues to participate In a t' AQ HIIYI'A Initiative and 111PTA funds remain available from ONDCP or either agency provides 120 days written notice to terminate:. 'Participating Agency: • National City Police Department /jolfo Gonrale.,. Chief Acfrik• Fiscal Agents: • San Diego Sheriff's DepaMtent • o3-ff9-:dot• Date liam D. Gore; She &L& Fiscal Agents: • Chula Vista Police Department DavidBejDate • Fiscal Agents: • California for Dnrg Free Youth (CADFY) CONCURRANCES; California Border Aliens Group (CBAG) • r j4e/ V Kean McAdartr, Director • Date Page2of2 hn Redman, y®ert� • Dace OBBi • ate • Budget Detail 2014 - SWB HIDTA San Diego Imperial Valley Initiative - Operation Alliance Joint Task Force Award Recipient - San Diego Sheriff's Department (G14SC0001A) Resource Recipient - National City Police Department Investigation Input $77,000.00 Personnel Quantity Amount Investigative - Law Enforcement Officer Total Personnel 1 $50,000.00 1 $50,000.00 Fringe Quantity Amount Investigative - Law Enforcement Officer Total Fringe 1 $12,000.00 1 $12,000.00 Overtime Quantity count Investigative - Law Enforcement Officer Total Overtime 1 1 $9,000.00 $9,000.00 Services Quantity Amount Vehicle allowance Total Services 1 1 $6,000.00 $6,000.00 Total Budget $77,000.00 Page 1 of 1 3/7/2014 1:46:17 PM RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND RATIFYING A MEMORANDUM OF UNDERSTANDING AUTHORIZING THE NATIONAL CITY POLICE DEPARTMENT TO PARTICIPATE IN THE OPERATION ALLIANCE TASK FORCE THROUGH THE CALIFORNIA BORDER ALLIANCE GROUP SOUTHWEST BORDER HIGH INTENSITY DRUG TRAFFICKING AREA, AND AUTHORIZING OF THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET WHEREAS, the Operation Alliance Task Force (OATF), comprised of federal, state, and local agencies, investigates narcotics smuggling, transportation, and distribution groups along the California Mexico border based on proactive case development and post seizure analysis of all seizures made by elements of the U.S. Department of Homeland Security; and WHEREAS, through a Memorandum of Understanding, the California Border Alliance Group agrees to fund the salary, benefits, overtime, and vehicle allowance of one investigator from the National City Police Department in the amount of $77,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and ratifies the executed Memorandum of Understanding authorizing the National City Police Department to participate in the Operation Alliance Task Force through the California Border Alliance Group Southwest Border High Intensity Drug Trafficking Area. Said MOU is on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations and a corresponding revenue budget. PASSED and ADOPTED this 15th day of April, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO. 10 ITEM TITLE: Temporary Use Permit — Lions Club 70th Annual Independence Day Carnival sponsored by the National City Host Lions Club at Kimball Park from July 2, 2014 to July 6, 2014. This is a City co- sponsored event per Council Policy No. 804. PREPARED BY: Vianey Rivera PHONE: 1(619) 336-4364 EXPLANATION: DEPARTMENT: Neighborb6gl1 ervices Division APPROVED BY: This is a request from the National City Host Lions Club to conduct the 69th Annual Independence C Carnival at Kimball Park from July 2, 2014 to July 6, 2014. The carnival's hours are as follows: July 2 from 5pm to 11 pm, July 3 from 5pm to 11 pm, July 4 from 12pm to 12am, July 5 from 1 pm to 11 pm, and July 6 from 1 pm to 11 pm. The carnival will include carnival rides, games, food booths, talent show, watermelon eating contest, youth activities, community displays, and a fireworks show display. Bands and other amateur and professional entertainment will be present. The applicant requests the use of the City's stage for the carnival and the PA system. Applicant has requested to close D Avenue from 12th Street to the entrance to the park's parking lot. Closure will be from 6:00 a.m. Monday, June 30, 2014 to 4:00 p.m. Tuesday, July 8, 2014. This event is a National City Co -Sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of $1,000.00. However, since this is a five-day long City -sponsored event, it is eligible and appropriate to consider a $1000/day or $5,000 reduction. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS rThe City has incurred $237.00 for processing the TUP, plus $1,104.00 for the Fire Permits and $15,851.78_ for Public Works, and $2,272.31for PD. This is a co -sponsored event eligible for a $1000.00 co-sponsor credit for each day of the event, Total Fees are $19)465.0g (ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: ;Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and approve the waiver of fees in the amount of $5,000.00, as was granted for last year's event. BOARD / COMMISSION RECOMMENDATION: IN/Aj ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert _ Fair _ Festival _ Parade _ Demonstration Circus _ Motion Picture _ Grand Opening X Other Carnival Community vent _ Block Party Event Title: National City Host Lions Club Annual Independence Day Carnival Event Location: Kimball Park, 12th and D Avenue Event Date(s): From 07/02/14 to 07/06/14 Actual Event Hours: Wed July 2, 5:00pm to 11:00pm, Thurs July 3, 12:00pm to 12:00am, Fri July 4, 5:00pm. to 11:00pm, Sat July 5, 1:00pm to 11:00pm, Sun July 6, 1:00pm to 11:00pm. Total Anticipated Attendance: 1,000 Participants 20,000 Spectators Setup/assembly/construction Date: Monday,6130/2014 Start time: 07:00am Please describe the scope of your setup/assembly work (specific details): Set-up carnival rides and booths, set-up food and deli booths, move in stage. set-up and fence off fireworks area move in 40vd dumpsters, and port -a -potties. Setup for Miss National City Pageant. Rf►oolf4ir l9?8j4 Dismantle Date: Sun, July 7, 12:30am Completion Time: Tue, July 9, 4:00pm List any street(s) requiringclosure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. We will need to close D Avenue from 12— street to the entrance to the Park parking lot. Closure will be from 6:00am ,Mon ,June 30, 2014 to 4:00pm .Tues July 8. 2014 Sponsoring Organization: National City Host Lions Club Chief Officer of Organization (Name): Frank Pekarek Applicant (Name): Vincent Reynolds Address: 1243 Manchester Street, National City, CA 91950 Day Time: (619 ) 962-3756 Evening Phone ( 619 ) 479-8165 Fax: C__) E-Mail: vincedepaul@cox.net Contact Person "on site" day of the event: Brian Cellular: 619-962-9950 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? X YES _ NO Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): Vendors rent kitchen and deli booths. rent is free to $300.00 _ YES X NO $ 50,000.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 20,000.00 Estimated Expenses for this event. $ 30.000.00 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 the event. National City Host Lions Club will sponsor the annual Independence Day Carnival and Fireworks in Kimball Park from Wednesday July 3rd through Sunday July 711. This event will include, Carnival Rides. Camival games, Food booths, Talent show, watermelon eating contest, youth activities, Community displays. Fire work display, Bands. And other amateur and professional entertainment. X 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 X NO Does the event involve the sale or use of alcoholic beverages? X YES NO Will items or services be sold at the event? If yes, please describe: Camival rides & games, and food booths, toys _ YES X 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. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 30 Sizes 10' x 10' & 15' x 15' NOTE: A separate Fire Department permit is required for tents or canopies. X YES _ NO Will the event involve the use of the gag or your stage or PA system? SPECIFY: Both 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): Portable and/or Permanent Toilet Facilities Number of portable toilets: (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 retumed to a clean condition.) Number of trash cans: 20 Trash containers with lids: 0 Describe your plan for clean-up and removal of waste and garbage during and after the event: The NC Host Lions Club will provide an additional 40 yd. Dumpster, and the trash cans will be emptied as required, and after each day 3 Please describe your procedures for both Crowd Control and Internal Security: Security Plan will be by NCPD, utilizing the Senior Volunteers, and the Police Explorers X YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: To be determined as required by security plan. Security Organization Address: Security Director (Name): Phone: X 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 spectators: Park lights and lights from the carnival rides and booth Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. We will utilize 911 if an emergency occurs. For minor cuts and bruises we will have first aid kits at the Lions Train, and at the Carnival office. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Park grounds and sidewalks. There will be (2) H/C porta-a-potties on site, in additional to Park rest rooms Please provide a detailed description of your PARKING plan: We will utilize existing street and nearby public parking. Please describe your plan for DISABLED PARKING: We will utilize the handicapped parking spaces at the towers and the public parking lots. Please describe your plans to notify all residents, businesses and churches impacted by the event: _ They will be notified as required NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 4 X YES _ NO 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: 1 Number of Bands: 2 Type of Music: Mexican, Rock & Roll, and the NC Community Band X YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 7_00pm Finish Time 11:00pm YES X NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: _ amf'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _x_YES _ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: General Fireworks display provided by Pyrospectaculars YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 5 City of National City pUBUC 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 National City Host Lions Club Person in Charge of Activity Frank Pekarob Address 814 Mary Court. National City. CA 91950 Telephone 819.417.8629 Date(s) of Use 8/30/2014 to 7/9/2014 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 the Parking Authority 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 related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Event Chairperson Frank Pekarek, President, National City Host Lions Club Date March 17, 2014 For Office Use Only Certificate of Insurance Approved Date 6 CERTIFICATE OF LIABILITY INSURANCE IDATENnWD.YYYYI ISSUED AS .A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER1. T141S NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED: BY THE POLICIES TFICATE OF INSURANCE DOES NOT COMMUTE A CONTRACT BETWEEN THE ISSUING i PRODUCER, AND THE CERTIFICATE HOLDER. )+ AUTHORMED INFORMANT: If the _certificate holder is an ADDITIONAL INS, the poiieyjies) must be endorsed. if SUBROGATION IS WAIVED, subject to the teems and conditions of the policy, certain policies may regt*p an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemengsj. Willis of Illinois, Inc. 425 N. Martingale Road, Suite 1100 Schaumburg, IL 60173 rusramlJ National City Host Lions Club - 41.6 National City California COVERAG NAME John Adams Ego EIk 1-800-316.6705 ADIsS-tionsclubsemBccom fl S)AiFOROaIO COVERAGE INSURER A : ACE American Insurance Company INSURER 8 I .tcoi- 1.888-467 2378 HAMS 22667 C: VISURER D: • ,•••••,`"�• REVISION NUMBER:. THt IS TO CERTIFY THAT THE POLICIES OF INSfURANC€. LISTED SE i£a ;iE BEEN CERTIFICATE EXCLUSIONS INSR -CT ISSUED TO THE INSURED NAMED ABOVE FOR TI* POUCY PERIOD ATED. NOTW1THSTA DING ANY REQUIREMENT TERM OR 4t 1Dtirjst OF ANY COICRAGT OR OTHER DOCUMENT WITH RESPECT w T�C��) WHICH THIS MAY BE ISSUED OR MAY PERTAIN.: THE INSURANCE A€ C ;' E' THE POUCEE$;DESCRiBED HEREIN 1S SUBJECT TO ALL THE TERMS, AND CONDITiONS ()F SUCH POLICES : LBWS SHOWN MAY HAVE BEEN REDUCED BY PAID CtAI� Mpp1S LIR E OF E ADM .DISK- POLICY NUMBER - YYrrn A GENERAL. ttTY N CUr LIMnS X O carte ESN C E s 1.000,000 QAz OSIERAL LIABILITY N .. N:(raywrrences HOOG27022923 09CO1f2013 »S/011�i14 4SASOkaR,c ruNLYm?tlJ s 1,000,DOU rrlsured ! �'( ate imam s 1,000 Asa. PerNarNedjin is 52.000,000 scu:aADYv¢AIRY s 1,000,000 OERAIANRQITE s 10.0ti0,000 GEM AGGREGATE OMIT APPLIES PM .PRf?M.=: COMPAGP AGG s 2,000,000 i POLICY' i -iPCT 1 N LOC - -COININED S A AUTOMOBILE DAMP( ISAH08721415 SSIGLE MIT s included A ANY AUTO 09101/2013 09R)12014 SODOMIMI,iRYNPNrpasay s A AUTOS Ailie.+CNOE�iHk.m - Bow/ B+LM.R?�' as ' S }( HIRED x11ACILMNED PROPERTY DAMAGE Pa acetlecti S S UMBRELLA AB U EXCESS LIAB O OGGIAR EACH ONCE S c Al aA ce I 1 AGGREGATE $ D DEO RETENTIONS S WORKERS COMPENSATION AND EUPLOYERS' LIABILITY f N ' ? STATIF TrnRY I carol lair 1 RR ANY PROPRETORMARi1 CLR,I'E ir OFFICER/MEMBER£XCLl1DEti�' I NIA E L EACH ACC'iDENT S swidatoiv ism) T MN ow OPERATIONS Woo El DISEASE -POLICY LIASr 5 , DESCRIPTION PC OPERATIONS I LOCATIONS I VEHICLES IAmd, ACORD III. AaIldalar Remarks Schedule. Noose space N require!) ProLisions Carnival of the pokey apply to Nhe named insureds participation in the foiowm9 activity d the ply period shown above: National Ciy Host lions Club 41h oThe City of Natoonal City)sits Officers. Agents, and Employees is included e sole La�sgan Addl6or�warn respect Insured(s), but only wrespect to General Liability arising out of the issuance ofrigonai of said additional insured. PROVISIONS OF THE MLJCY DO NOT APPLYTO THE SALE OR to the Insured shown above and not out ofSERVING OF ALCOHOLIC BEVERAGES rOCITICIrATC WV fOo—.. --- - .--- The City of National City 1243 National City BNd National City California 91950 SHOULD ANY OF THE ABOVE DESCRIBED POUCES BE CANCELLED BEFORE THE EXPU1ATI01M DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH TIE POLICY PROVISIONS. AUTHORRED REPRESENTATNE ACORD 25 (2010/05) 01988-2010 ACORD CORPORATION. AN rights reserved. The ACORD name and logo are registered marks W ACORD http://maps.google.com/maps/place?cid=16896838253950330656&&q=kimbal+park+91950... To see all the details that are visible on the screen, use the "Print" link next to the map. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Lions Club EVENT: Annual Independence Day Carnival DATE OF EVENT: July 2, 2014 to July 6, 2014 APPROVALS: COMMUNITY SERVICES RISK MANAGER DEVELOPMENT SERVICES PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x CONDITIONS OF APPROVAL: POLICE (619) 336-4400 Deployment "At a Glance" The 2014 Fourth of July Carnival will run the following dates/hours: 1. Wednesday, July 2n° / 1700-2300 hrs 2. Thursday, July 3rd / 1700-2300 hrs 3. Friday, July 4'h / 1200-0000 hrs 4. Saturday, July 5th / 1300-2300 hrs 5. Sunday, July 61h/ 1300-2300 hrs Proposed Park Deployment: Deployments will be close to this schedule, but the schedule is subject to change at the discretion of the PD In addition to adjusting officers' hours to work the carnival, we will have the following officers work the carnival on OT We will have 3 officers on July 4th for 10 hrs OT each = $1747.70 (using Top Step Officer OT rate). We will have 2 officers on July 6th for 4.5 hrs OT each = $524.61 (using Top Step Officer OT rate). TOTAL OVERTIME COSTS: $2272.31 The police department will be requesting use of the recreation center building for an Operations Command Post. The recreation center is located above the Parks and Recreation equipment rooms on the west side of Kimball Park. We will also be requesting the use of the west parking lot at the NC Fire Station at 343 E. 16th Street to park the Police Departments Mobile Command Vehicle as a Secondary Command Post. FIRE (619) 336-4550 Total fee amount for all Fire Department permits is one thousand one hundred four dollars ($1,104.00) dollars. Fees can only be waived by City Council Stipulations required by the Fire Department for this event are as follows: 1) Fire Department Permit is required for the fireworks display. Permit to be requested and all necessary information provided to the Fire Department a minimum of 14 days prior to the event. Permit fee is five hundred two ($502.00) dollars. Fees can only be waived by the City Council. 2) Fireworks display operations shall be under the direct supervision of a pyrotechnic operator. Pyrotechnic operator shall possess a valid pyrotechnic operator license. 3) Minimum six hundred ($602.00) dollar after hour inspection fee is required for all Fire Safety Inspections taking place after hours, weekends and holidays. Additional hours after the first two hours shall be billed at $301.00 per hour 4) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. A permit for the projected canopies/tents shall be four hundred ($400.00) dollars. Fees can only be waived by City Council. Canopies: Tents: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - 201 — (+) sf - $200.00 $400.00 7) All cooking booths to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. 8) Provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival. Inspection to include all rides, cooking area, game booths, etc. 10) Fire safety inspection is to be conducted by the Fire Department of the designated fireworks display area prior to display being conducted. 11) Fire Department access into and through the booth areas are to be maintained at all times. 12) Access to Morgan and Kimball Towers to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 13) Fire Hydrants shall not be blocked or obstructed. 14) Site map indicating access points, booth layout, fireworks display area and fireworks fallout area is required. Fireworks contractor shall submit all California State documents necessary for fireworks demonstration Note: Total fee amount for all Fire Department permits is one thousand one hundred four dollars ($1,104.00) dollars. Fees can only be waived by City Council DEVELOPMENT SERVICES BUILDING: No comments. PLANNING: Lights/speakers to face away from adjacent residential uses. All activities must comply with noise levels specified by NCMC Title 12. ENGINEERING: No comments. PUBLIC WORKS 336-4580 Streets Division 1. Staff will barricade affected streets and remove them when the event is over 2. Staff will post "no parking" signs along affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be $259.45. a. Standard Hrs 6 X $32.57 = $ 195.42 b. "No Parking" signs 45 X $0.45 = $ 20.25 c. Equipment 2 X $19.09 = $ 38.18 d. Barricades 16 X $0.35 = $ 5.60 e. Total cost $ 259.45 Parks Division 1. The event organizers shall provide nighttime security for the park and City equipment for the duration of the event. 2. The event organizers shall provide a trash dumpster for the event. 3. The event organizers shall provide 20 portable toilets. 4. The cost to provide park maintenance personnel for these events are estimated to be $ 13,593.13 • Set-up Stage 4 hours @ ($155.25hr) five staff $621.00 stage set up for event 4 hour minimum regular time. • Break -down 4 hours @ ($155.25hr) five staff $621.00 stage break down 4 hour minimum regular time. • Event Overtime Hours 198.5 hours @ ($46.58hr) staff will work every night and day during event $ 9,246.13 Clean regular hours 80 hours ($31.05hr) $ 2,484.00 clean up park on Monday July 7th after event 8 staff 10 hours each. Set-up on Tuesday July 2nd five staff (4) hours normal hourly rate 20hrs ($31.05) $621.00 Wednesday July 2 from 5:00 pm--11:00 pm two staff (12hrs) OT Thursday July from 5:OOpm-11:00 pm three staff (12hrs) OT Friday July 4 from 7:00 am-- 3:30 pm two staff (17hrs) OT Friday July 4 from 3:30 pm -12:00 pm five staff (42.5hrs) OT Saturday July 5 from 7:00 am-3:30 pm 7staff (59.5) OT Saturday July 5 from 3:30 pm- 11.00 pm two staff (15hr) OT Sunday July 7 from 7:00 am - 3:30 three staff (25.5hrs) OT Sunday July 7 from 3:30 am-11:00 pm two staff (15hrs) OT Facilities Division i. The cost to provide Facilities Maintenance staff support for this event is estimated to be $1,999.20 1. Electrician 40 hrs OT x $33.32 _ $ 1,332.80 2. Plumber 20 hrs OT x $33.32 $ 666.40 3. Total cost $ 1,999.20 Fees Unless waived by City Council, the applicant shall pay $17,060.58 for staff costs associated with this permit request. This cost was estimated as follows: Street Division: $ 259.45 (Acct #001-416-221-102-0000) Parks Division $13,593.13(Acct #105-416-000-102-0000) Facilities Division $ .1,999,20 (Acct #626-416-223-102-0000) Total: $15,851.78 CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER Applicant to provide endorsement CG 2010 naming the City of National City as an additional named insured as noted on the certificate. They will need to have their pyrotechnical folks putting on the fireworks show also add the City of National City as an additional insured COMMUNITY SERVICES Typically the PD uses Kimball Rec Center for their HQ for the July 4th camival. I sent an update to ARTS about the dates that we will need access to the center. PD can get a copy of the center keys from PW, but will also need the security system code (which I can get from ARTS). Re: National City Host Lions Club Annual Independence Day Carnival July 2 (5 PM to 11 PM), July 3 (12 Noon to 12 Midnight) July 4 (5 PM to 11 PM), July 5 (1 PM to 11 PM), July 6 (1 PM to 11 PM) Streets Division 1. Staff will barricade affected streets and remove them when the event is over 2. Staff will post "no parking" signs along affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be $259.45. • Standard Hrs 6 X $32.57 = $ 195.42 • "No Parking" signs 45 X $0.45 = $ 20.25 • Equipment 2 X $19.09 = $ 38.18 • Barricades 16 X $0.35 = $ 5.60 • Total cost $ 259.45 Parks Division 1. The event organizers shall provide nighttime security for the park and City equipment for the duration of the event. 2. The event organizers shall provide a trash dumpster for the event. 3. The event organizers shall provide 20 portable toilets. 4. The cost to provide park maintenance personnel for these events are estimated to be $ 13,593.13 • Set-up Stage 4 hours @ ($155.25hr) five staff $621.00 stage set up for event 4 hour minimum regular time. • Break -down 4 hours @ ($155.25hr) five staff $621.00 stage break down 4 hour minimum regular time. • Event Overtime Hours 198.5 hours @ ($46.58hr) staff will work every night and day during event $ 9,246.13 • Clean regular hours 80 hours ($31.05hr) $ 2,484.00 clean up park on Monday July 7th after event 8 staff 10 hours each. • Set-up on Tuesday July 2nd five staff (4) hours normal hourly rate 20hrs ($31.05) $621.00 • Wednesday July 2 from 5:00 pm--11:00 pm two staff (12hrs) OT • Thursday July from 5:00pm-11:00 pm three staff (12hrs) OT • Friday July 4 from 7:00 am-- 3:30 pm two staff (17hrs) OT • Friday July 4 from 3:30 pm —12:00 pm five staff (42.5hrs) OT • Saturday July 5 from 7:00 am-3:30 pm 7staff (59.5) OT • Saturday July 5 from 3:30 pm- 11.00 pm two staff (15hr) OT • Sunday July 7 from 7:00 am — 3:30 three staff (25.5hrs) OT • Sunday July 7 from 3:30 am-11:00 pm two staff (15hrs) OT Re: National City Host Lions Club Annual Independence Day Carnival Page 2 Facilities Division 1. The cost to provide Facilities Maintenance staff support for this event is estimated to be $1,999.20 • Electrician 40 hrs OT x $33.32 = $ 1,332.80 • Plumber 20 hrs OT x $33.32 = $ 666.40 • Total cost = $ 1,999.20 Fees Unless waived by City Council, the applicant shall pay $17,060.58 for staff costs associated with this permit request. This cost was estimated as follows: Street Division: $ 259.45 (Acct #001-416-221-102-0000) Parks Division $13,593.13 (Acct #105-416-000-102-0000) Facilities Division $ 1,999.20 (Acct #626-416-223-102-0000) Total: $15,851.78 LA 1 Y OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO. 11 ITEM TITLE: Temporary Use Permit — National Night Out on August 5, 2014 from 5:00 p.m. to 8:00 p.m. at Las Palmas pool. This is a National City sponsored event per City Council Policy #804. PREPARED BY: N ianey Rivera PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neigh l hood Services Division APPROVED BY: This is a request from the National City Police Department to conduct the National Night Out event at Las Palmas Pool on August 5, 2014 from 5:00 p.m. to 8:00 p.m. NCFD will cook hotdogs and serve food and drinks. NCPD Canine will be demonstrating and displaying their canine partners. NCPD SWAT will set up a static display for touch and talk. NCPD Traffic Division will have equipment for the community to view and the NCPD Explorers will assist with the event. The event is a National City Sponsored event per City Council Policy #804. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00 for processing the TUP through various City Departments. This is a City sponsored event per City Council Policy #804. Total Fees are $237.00 pNVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: - Public Concert Parade - Motion Picture Fair Demonstration Grand Opening Festival Circus Other Event Title: NATIONAL NIGHT OUT 2.0 t4 Event Location: LAS PALMAS „ Community vent Block Party Event Date(s): From 8/r to 8' a Actual Event Hours: 5PM am/pm to 8PM am/pm p Total Anticipated Attendance: 400 ( Participants Spectators) Setuplassemblylconstruction Date: `t' c- Start time: 3PM Please describe the scope of your setup/assembly work (specific details): SET UP BBQ TRAILER, PICNIC AREAS, VOLUNTEER AND SPONSOR TABLES AND STATIC DISPLAYS. Dismantle Date: 8/C Completion Time: 9PM am/pm List any street(s) requiring closure as a result of this event, Include street name(s), day and time of closing and day and time of reopening. NONE Sponsoring Organization: NATIONAL CITY POLICE DEPARTMENT Chief Officer of Organization (Name) CHIEF MANUEL RODRIGUEZ Applicant (Name): SERGEANT HERNANDEZ Address: 1200 NATIONAL CITY BLVD NATIONAL CITY Daytime Phone: ( fit 9 336-4411 Evening Phone: ( ) E Mail: AHERNANDEZ@NATIONALCITYCA.GOV Fax: (J Contact Person "on site" day of the event: Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? RYES NO Are admission, entry, vendor or participant fees required? _ YES XNO if YES, please explain the purpose and provide amount(s): $ 0 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. g Estimated Expenses for this event. 0 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? 11�.�.. ,, 5., ,.. ;. ,�, ,. ., l'1,,,r.r.,I,-i iili 1'f:tia 1 [ F, ..... f . d'.J`a .i: ." . r` C1 • w Tr F -1 ,. k a. Y a i.: ' .�...4 Y 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 the event. NCFD WILL COOK HOTDOGS AND SERVE FOOD AND DRINKS. NCPD CANINE WILL SE DEMONSTRATING AND DISPLAYING THEIR CANINE NHhi I Nth(5. NCPD SWAT WILL SET UP A STATIC DISPLAY FOR TOUCH AND TALK. NCPD TRAFFIC DIVISION WILL HAVE EQUIPMENT FOR THE COMMUNITY TO SEE. NCPD EXPLORES WILL ASSIST WITH THE EVENT. YES XNO 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: _ YES XNO Does the event involve the sale or use of alcoholic beverages? _ YES XNO Will items or services be sold at the event? 1f yes, please describe: _ YES )(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. XYES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES XNO Does the event Involve the use of tents or canopies? If YES: Number of tent/canopies 2 Sizes NOTE: A separate Fire Department permit is required for tents or canopies. X YES _ NO Will the event involve the use of the 1Chy or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: r 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: A GAS ELECTRIC _ CHARCOAL _ OTHER (Specify): n Portable and/or Permanent Toilet Facilities Number of portable toilets: _ (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 MOM Generator locations and/or source of electricity ZOOM ..,. 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: Describe VOLUNTEpERfor AID TRASH CANS THROUGHeOUT THE EVEafter T rthe event: ci citi :V3f i•0,S Y.004/006 Please describe your procedures for both Crowd Control and Internal Security; NCPD WILL BE ON SITE YES %ENO 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): Phone: XYES _ NO Is this a night event? If YES, please state how the event and surrounding a will be itMrta#ed.t8�,eKsfbotgearfants�nd sc tor,;SHOULD BE CONCLUDED BEFORE SUN SET. HTI C' IV ['J 35@ indiC,atergat_tnigegent you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities; POOL IS ACCESSIBLE Please provide a detailed description of your PARKING plan: EXISTING PARKING 1 OT Please describe your plan for DISABLED PARKING: EMS ► INt.; UhSR NA 1 tU SI'U I S evente describe your an {o mtNAgsAcItsviglintlsieg and churches impacted by the NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks, r _ YES XNO 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: Number of Bands: Type of Music: YES XNO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES XNO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES XNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 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 NATIONAL CITY POLICE DEPARTMENT Person in Charge of Activity SERGEANT ALEX HERNANDEZ Address 1200 NATIONAL CITY BLVD Telephone 619-336- 4423 Date(s) of Use f M/ 014H 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 the Parking Authority 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 related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: National City Police Department EVENT: National Night Out DATE OF EVENT: August 5, 2014 TIME OF EVENT: 5 p.m. to 8 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 The Engineering Department has no comments on the National Night Out TUP. RISK MANAGER (619) 336-4370 All looks in order from Risk Managements perspective. PUBLIC WORKS (619)366-4580 PARKS Parks will provide PA after talking to Officer Hernandez they do not need the stage as stated on the TUP STREETS No Involvement. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the park to be maintained at all times. 2) Fire Department access into and through the movie areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants and fire department connections shall not be blocked or obstructed at any time. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. To be evaluated by the Building Official and City Electrician for requirements due to proximity to pool water 7) Access to electrical appliances shall be limited to qualified personnel only. Electrical area shall be sectioned off from participants for safety. Distance from water to electrical appliances shall meet current Building/Electrical codes (Please consult Building Official). 8) A plan shall be established for placement of BBQ and, agreed upon by entire staff prior to start of event. Placement of BBQ shall not create a safety hazard to pool occupants or staff. A fire safety inspection is to be conducted by the Fire Department prior to operations of the event. If you have any questions please feel free to contact me. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insured's, with amounts of coverage to be determined by the Risk Manager. FINANCE No stipulations or requirements for business license. COMMUNITY SERVICES The YMCA has been contacted regarding this event and are on board to host it at the pool. Please make sure that they are included in any pre -planning meetings for the event. CS typically has one or two part time staff assisting with this event. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO. 2 ITEM TITLE: Warrant Register #37 for the period of 3/05/14 through 3/11/14 in the amount of $696,213.46. (Finance) PREPARED BY: 'K. Apalategui PHONE: 1619-336-4331 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 3/05/14 through 3/11/14. In accordance with Finance Department $50,000.00. Vendor Check Baumgartner, K EC Constructors, Inc YMCA of San Diego Co 311410 311425 311500 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $696,213.46. policy, below is an Amount 93,504.00 132,081.52 250,000.00 DEPARTMENT: �nc Finance° APPROVED BY: "� ';� explanation of all warrants above Explanation Refund / Deposit #1852 NC8 Project 1726 Wilson Ave / Tenant Improvements YMCA Repair & Maintenance Obligations APPROVED: - Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $696,213.46. BOARD / COMMISSION RECOMMENDATION: IN//0 ATTACHMENTS: Warrant Register #37 PAYEE T-MAN TRAFFIC SUPPLY AMAZON BAKER & TAYLOR BRODART CO CA PUBLIC LIBRARY ADVOCATES INTERSTATE BOOKS4SCHOOL MIDWEST TAPE NEW READERS PRESS OBATA, R SCLLN C/O DIANE MOSELEY SPRINT STAPLES ADVANTAGE U S POSTMASTER EDCO DISPOSAL CORPORATION ACE UNIFORMS & ACCESSORIES INC ADDISYN PARK APARTMENTS LLC AFFORDABLE BUTTONS COM AGUILAR, M 1- THE KINGS FLAGS O GASPRO PLUS f&T MCI AT&T MOBILITY AUSTIN DOORS BARAWED, C BAUMGARTNER, K BEST BEST & KRIEGER ATTNY LAW BROADWAY AUTO GLASS CEB CHILDREN'S HOSPITAL CITY OF SAN DIEGO COOPER'S PLUMBING & HEATING COX COMMUNICATIONS DAVANTES, B DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DEPARTMENT OF MOTOR VEHICLES DREW FORD HYUNDAI E2 MANAGE TECH INC EC CONSTRUCTORS, INC. EMERGENCY EQPT ENGINEERING EWERT, P FIRE ETC UT, T JNZALES, G _ DNZALES, R GOVCONNECTION, INC GOVERNMENT JOBS COM INC GRAINGER GRANICUS INC WARRANT REGISTER # 37 3/11/2014 DESCRIPTION MOP 76666 TRAFFIC CONTROL SUPPLY BOOKS - LIBRARY ELLI BOOKS - WINGS BOOKS -LIBRARY CALIFORNIA PUBLIC LIBRARY REGISTRATION GIVEAWAY BOOKS FOR FFL PROGRAM DVD'S - LIBRARY LITERACY WORKBOOKS PERFORMER FOR FFL EVENT AT THE LIBRARY SCLLN ANNUAL LITERACY CONFERENCE VIDEO CONFERENCING, LONG DISTANCE MOP #45704 - OFFICE SUPPLIES - LIBRARY POSTAGE -LIBRARY WASTE DISPOSAL SERVICES / S A PATCH SEWINGS DEPOSIT #1776, 1708 ADDISYN PARK APTS NATIONAL CITY BUTTONS REFUND - FROZEN ACCOUNT FLAGS, ACCESSORIES, POLES FUEL FOR CITY FLEET ATT PHONE SERVICE - 1/13/2014 - 2/12/201 ATT SERVICE / 1/06/2014 - 2/05/2014 ROLL -UP DOORS, SERVICE SUBSISTENCE: CVSA-COMPUTER VOICE STRESS REFUND DEPOSIT#1852, NC8 PROJECT LEGAL. / PERSONNEL ISSUES RIGHT SIDE MIRROR / PW GOV'T PORT LIABILITY CHILD ABUSE EXAMS / POLICE LABOR - BROKEN RADIO KNOB PLUMBING SERVICES, REPAIRS COX COMMUNICATIONS DATA FY14 LIABILITY CLAIM COSTS DENTAL INS PREMIER - MARCH 2014 DENTAL INS PREMIER - FEB 2014 PMI DENTAL INS FEB 2014 2014 CA VEHICLED CODE BOOKS MOP 49078 AUTO PARTS PROPERTY MITIGATION PLAN 1726 WILSON AVE / TENANT IMPROVEMENTS LEATHER GEAR / POLICE REFUND - NEW PREMIUMS UNVIVERSAL TRUCK CHARGER REIMB - TRAINING SEMINAR SUBSISTENCE: ROT/PERISHABLE SKILLS SUBSISTENCE: CHILD ABUSE FUJITSU SCANSNAP IX500, COLOR DUPLEX GOVERNMENTJOBS.COM ADVERTISING MOP 65179 / SUPPLIES - PARKS GRANICUS WEBCASTING FOR FY14 CHK NO DATE AMOUNT 311386 3/10/14 134.65 311387 3/11/14 1,650.72 311388 3/11/14 3,596.85 311389 3/11/14 787.52 311390 3/11/14 50.00 311391 3/11/14 300.91 311392 3/11/14 55.34 311393 3/11/14 128.72 311394 3/11/14 150.00 311395 3/11/14 240.00 311396 3/11/14 11.57 311397 3/11/14 ' 5.65 311398 3/11/14 459.00 311399 3/11/14 110.23 311400 3/11/14 1,267.80 311401 3/11/14 6,849.77 311402 3/11/14 1,104.17 311403 3/11/14 136.16 311404 3/11/14 192.60 311405 3/11/14 35,687.74 311406 3/11/14 7,653.27 311407 3/11/14 399.46 311408 3/11/14 2,515.25 311409 3/11/14 640.00 311410 3/11/14 93,504.00 311411 3/11/14 90.30 311412 3/11/14 52.92 311413 3/11/14 199.30 311414 3/11/14 882.00 311415 3/11/14 511.06 311416 3/11/14 605.00 311417 3/11/14 76.10 311418 3/11/14 70.00 311419 3/11/14 14,093.58 311420 3/11/14 14,093.58 311421 3/11/14 2,899.38 311422 3/11/14 291.14 311423 3/11/14 23.29 311424 3/11/14 12,522.06 311425 3/11/14 132,081.52 311426 3/11/14 264.73 311427 3/11/14 425.04 311428 3/11/14 1,297.19 311429 3/11/14 436.00 311430 3/11/14 489.28 311431 3/11/14 24.00 311432 3/11/14 2,824.63 311433 3/11/14 1,250.00 311434 3/11/14 4,199.93 311435 3/11/14 1,477.35 PAYEE HARRIS & ASSOCIATES INC HEALTH & HUMAN RSRC CNTR HERNANDEZ, A HOLIDAY INN EXPRESS HUERTA, R JERAULDS CAR CARE CENTER JJJ ENTERPRISES JOHN DEERE LANDSCAPES KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KNOX ATTORNEY SERVICE INC L N CURTIS & SONS LASER SAVER INC LONG, D LOPEZ, T MILLER, C MILLER, C MINUTEMAN PRESS MUNGUIA, M MUNICIPAL EMERGENCY SERVICES NAPA AUTO PARTS NITV FEDERAL SERVICES LLC OLIVER PACKAGING OLIVER PACKAGING PADRE JANITORIAL SUPPLIES PALOMINO, C PAUL, R PCS MOBILE PECK, B PERRY FORD PHILLIPS, W POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY QUIROGA, R RED WING SHOES RIVERSIDE SHERIFF'S DEPT RIVERSIDE SHERIFF'S DEPT RON BAKER CHEVROLET S D COUNTY SHERIFF'S DEPT SAN DIEGO AREA CHAPTER OF ICC SAN DIEGO REGIONAL SASI SDG&E SDTMA LEA CORBIN TREASURER SEAPORT MEAT COMPANY SMART & FINAL SMART SOURCE OF CA LLC SOUTH COAST EMERGENCY SPRINGER, K WARRANT REGISTER # 37 3/11/2014 DESCRIPTION CHK NO, DATE AMOUR DEPOSIT #900016 926 E 22ND STREET 311436 3/11/14 510.00 EMPLOYEE ASST PROGRAM 311437 3/11/14 730.32 SUBSISTENCE: ROT/PERISHABLE SKILLS 311438 3/11/14 489.28 TRAINING / ADMIT RETREAT 311439 3/11/14 258.00 REIMB - TRAINING SEMINAR 311440 3/11/14 436.00 MOP 72449 R&M AUTO EQUIPMENT 311441 3/11/14 37.50 SECURITY/FIRE ALARM 311442 3/11/14 225.00 MOP 69277 HORTICULTURE ITEMS 311443 3/11/14 461.11 RETIREES INS - MARCH 2014 311444 3/11/14 20,265.93 RETIREES INS MARCH 2014 311445 3/11/14 14,957.40 LEGAL / ATTORNEY SERVICE 311446 3/11/14 110.50 CURTIS SERVICE HELP MAKO SERVICE 311447 3/11/14 2,074.49 MOP 45725 TONER CARTRIDGE - ENG 311448 3/11/1.4 125.30 SUBSISTENCE: ROT/PERISHABLE SKILLS 311449 3/11/14 489.28 TRANSLATION SERVICES FOR FY 2014 311450 3/11/14 140.00 SUBSISTENCE: IDENTITY THEFT INVESTIGATIONS 311451 3/11/14 143.60 SUBSISTENCE -OFFICER INVOLVED SHOOTINGS 311452 3/11/14 40.00 WARNING LABELS - VEHICLE 311453 3/11/14 508.38 ED REIMBURSEMENT 311454 3/11/14 290 ^0 SURVIVOR LED FLASHLIGHTS 311455 3/11/14 1,4 MOP 45735 AUTO PARTS 311456 3/11/14 TUITION: CVSA - COMPUTER VOICE STRESS 311457 3/11/14 HOME DELIVERED TRAYS / NUTRITION 311458 3/11/14 1,400.00 HOME DELIVERED TRAYS / NUTRITION 311459 3/11/14 76.00 JANITORIAL SUPPLIES / NUTRITION 311460 3l11/14 214.44 REFUND: PER KAISER'S NEW PREMIUMS 311461 3/11/14 404.16 REFUND: PERMIT #71168, 1704 MCKINELY AVE 311462 3/11/14 319.80 CABLE ADAPTER 311463 3/11/14 287.76 SUBSISTENCE: ROT/PERISHABLE SKILLS 311464 3/11/14 489.28 R&M CITY VEHICLES 311465 3/11/14 1,494.30 SUBSUSTENCE: ROT/PERISHABLE SKILLS 311466 3/11/14 489.28 MOP 67839 AUTO PARTS 311467 3/11/14 533.11 MOP 45707 PLUMBING MATERIAL 311468 3/11/14 3,662.75 MOP 45742 LAUNDRY SERVICE 311469 3/11/14 262.30 SUBSISTENCE: CANINE LIABILITY 360 311470 3/11/14 256.00 6" BLACK 5266 SAFETY FOOTWEAR 311471 3/11/14 125.00 TUITION: ROT/PERISHABLE SKILLS 311472 3/11/14 462.00 TUITION: ROT/PERISHABLE SKILLS 311473 3/11/14 308.00 MOP 45751 R&M AUTO EQUIPMENT 311474 3/11/14 88.64 GRAFFITI TRACKER PROGRAM 311475 3/11/14 2,850.00 MEMBERSHIP - SAINZ & SIMMONS 311476 3/11/14 75.00 TUITION: ADVANCED CHILD ABUSE 311477 3/11/14 648.00 ANNUAL BASE FEE 1/1/14 - 3/31/14 311478 3/11/14 264.50 FACILITIES GAS & ELECTRIC 311479 3/11/14 21,0F" ' MEMBERSHIP DUES FOR 2014 311480 3/11/14 FOOD / NUTRITION 311481 3/11/14 1,: MOP 45756 MISC SUPPLIES - FIRE 311482 3/11/14 266.3z MOP 63845 / BUSINESS CARDS / BUILDING 311483 3/11/14 221.28 REPLS TUBES 311484 3/11/14 267.34 SUBSISTENCE: OFFICER INVOLVED SHOOTINGS 311485 3/11/14 40.00 PAYEE SPRINGER, K STAPLES ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TODD PIPE & SUPPLY LLC TOM MOYNAHAN U S BANK UNION TRIBUNE VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS VISTA PAINT WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY YMCA OF SAN DIEGO COUNTY TION 8 HAPS PAYMENTS WARRANT REGISTER # 37 3/11/2014 DESCRIPTION SUBSISTENCE: ADVANCED CHILD ABUSE BLACK TONER CARTRIDGES TACK OIL PARKS WATER FOOD / NUTRITION CENTER PLUMBING MATERIALS, PARTS, SUPPLIES MOP 45734 TOWING CREDIT CARD EXP - PD LEGAL NOTICES ADVERTISING MOP 46453 PLUMBING MATERIAL VERIZON WIRELESS SEC8 MOP 68834 TRAFFIC CONTROL SUPPLY MOP 63850 AUTO PARTS MOP 45763 MATERIALS & SUPPLIES YMCA REPAIR & MAINT OBLIGATIONS Start Date End Date 3/5/2014 3/11/2014 GRAND TOTAL CHK NO DATE AMOUNT 311486 3/11/14 24.00 311487 3/11/14 700.06 311488 3/11/14 166.32 311489 3/11/14 1,339.08 311490 3/11/14 4,526.18 311491 3/11/14 848.97 311492 3/11/14 75.00 311493 3/11/14 40.00 311494 3/11/14 672.80 311495 3/11/14 1,748.55 311496 3/11/14 506.73 311497 3/11/14 438.65 311498 3/11/14 730.05 311499 3/11/14 299.67 311500 3/11/14 250,000.00 A/P Total 693,866.46 2,347.00 $ 696.213.46 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK OBERTS, FINACE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 15h OF APRIL, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO. ITEM TITLE: Warrant Register #38 for the period of 3/12/14 through 3/18/14 in the amount of $1,196,119.07. (Finance) PREPARED BY: K Apalateguil DEPARTMENT: Finan e PHONE: 019-336-43311 APPROVED BY: 7 4 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 3/12/14 through 3/18/14. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation City of Chula Vista 311518 55,829.88 Animal Shelter Costs / Police EC Constructors, Inc 311531 77,153.39 Aquatic Center FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,196,119.07. APPROVED: ( a� Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,196,119.07. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #38 PAYEE TREASURER COUNTY OF S D TURNER'S PORTABLE WELDING BEST BEST & KRIEGER ATTNY LAW CHRISTENSEN & SPATH LLP KANE BALLMER & BERKMAN KANE BALLMER & BERKMAN ALDEMCO ALL FRESH PRODUCTS AMEDEE, W ARVCO REALTY ATKINS NORTH AMERICA INC CAPIO CARL WARREN & COMPANY CARL WARREN & COMPANY CHICANO COALITION CINTAS DOCUMENT MANAGEMENT CISSEL, J CITY OF CHULA VISTA OFCHULA VISTA WAREHOUSE DMPUTER PROTECTION TECH INC COUNTY OF SAN DIEGO COX COMMUNICATIONS CULLIGAN OF SAN DIEGO DALEY & HEFT LLP DALEY & HEFT LLP DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DIXIELINE BUILDERS DTSC ACCOUNTING UNIT EC CONSTRUCTORS, INC. EMERGENCY EQPT ENGINEERING EXPERIAN FON-JON KENNELS GLOBAL CONSTRUCTION, INC. GRAINGER GUTLAY, R HARRIS & ASSOCIATES INC HERNANDEZ, R HONEYWELL INTERNATIONAL INC IRON MOUNTAIN KIMLEY HORN AND ASSOC INC KIRK'S RADIATOR 'GUAGE LINE SERVICES AFEE INC ,.,CDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MOSSY NISSAN MTS MUNGUIA, M WARRANT REGISTER #38 3/18/2014 DESCRIPTION PARCEL 555-114-01-00 / S A REPAIR ON STREET SWEEPER / PW LEGAL / COMM YOUTH ATHLETIC CENTER LEGAL / WESTSIDE TOD LEGAL / NATIONAL CITY AB 1484 (397-501) LEGAL / RELATED FOOD CONSUMABLES/NON CONSUMABLES FOOD FOR NUTRITION CENTER REIMB - 2014 SO CA CERT REGIONAL WORKSHO REFUND: PERMIT #69474, 100 W 35TH ST PROVIDE SEWER BILL/TAX ROLL PREPARATION REGISTRATION: ANNUAL CONFERENCE LIABILITY CLAIM COST LIABILITY CLAIM COST SWC NINTH ANNUAL C CHAVEZ BREAKFAST MONTHLY SHREDDING / POLICE REIMB / CPRS CONFERENCE / CISSEL ANIMAL SHELTER COSTS PROFESSIONAL SERVICES RACOR FLT FUNNEL CO. UPS & BATTERIES DISTRICT RENEWAL FEE COX COMMUNICATIONS DATA FY14 WATER SOFTENER LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS TIRES COMMUNICATIONS EQUIPMENT SERVICE HOME REHAB PROGRAM / 1928 E AVE NATIONAL CITY PUBLIC WORKS YARD AQUATIC CENTER LEATHER GEAR FOR NEW POLICE CREDIT CHECKS FOR NEW POLICE KENNEL FEES FOR POLICE K9'S REFUND: PERMIT #71136, 3040 PLAZA BONITA MOP 65179 MISC SUPPLIES - FIRE REIMB/INTERMEDIATE GOV ACCOUNTING ADA HIGHLAND AVENUE REIMB - RENEWAL FEE FAN MOTOR / PW RECORDS/DOCUMENT STORAGE HIGHLAND AVENUE RFA RECORE RADIATOR LANGUAGE LINE INTERPRETATION OUTBOUND EMAIL SMARTHOST LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LABOR/MAINTENANCE/TIRE PRESSURE MTS FLAGGER SERVICES FOR GRAFFITI REIMB - RENEWAL FEES CHK NO DATE AMOUNT 311501 3/17/14 66.60 311502 3/18/14 1,641.65 311503 3/18/14 1,029.00 311504 3/18/14 3,591.25 311505 3/18/14 2,815.20 311506 3/18/14 1,080.00 311507 3/18/14 1,917.51 311508 3/18/14 1,179.59 311509 3/18/14 38.46 311510 3/18/14 238.00 311511 3/18/14 318.00 311512 3/18/14 450.00 311513 3/18/14 185.57 311514 3/18/14 178.46 311515 3/18/14 30.00 311516 3/18/14 92.95 311517 3/18/14 569.41 311518 3/18/14 55,829.88 311519 3/18/14 5,011.79 311520 3/18/14 119.99 311521 3/18/14 3,700.00 311522 3/18/14 356.00 311523 3/18/14 79.70 311524 3/18/14 206.50 311525 3/18/14 9,627.67 311526 3/18/14 3,255.57 311527 3/18/14 2,242.06 311528 3/18/14 1,486.39 311529 3/18/14 28,026.00 311530 3/18/14 1,999.35 311531 3/18/14 77,153.39 311532 3/18/14 504.90 311533 3/18/14 27.48 311534 3/18/14 75.00 311535 3/18/14 5,250.00 311536 3/18/14 580.43 311537 3/18/14 209.59 311538 3/18/14 10,047.20 311539 3/18/14 73.52 311540 3/18/14 862.87 311541 3/18/14 148.00 311542 3/18/14 3,744.68 311543 3/18/14 1,296.00 311544 3/18/14 63.84 311545 3/18/14 656.50 311546 3/18/14 2,033.50 311547 3/18/14 385.00 311548 3/18/14 683.68 311549 3/18/14 42.46 311550 3/18/14 217.00 PAYEE NATIONAL CREDIT REPORTING NINYO & MOORE PADRE JANITORIAL SUPPLIES PORAC LEGAL DEFENSE FUND PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RELIABLE TIRE CO S D COUNTY SHERIFF'S DEPT S D REGIONAL TRAINING CENTER SAFDIE RABINES ARCHITECTS SAN DIEGO CESAR E. CHAVEZ SAN DIEGO PET & LAB SUPPLY SANCHEZ, E SDG&E SEAPORT MEAT COMPANY SMART SOURCE OF CA LLC SOUTH COAST EMERGENCY STAPLES ADVANTAGE STARTECH COMPUTERS SUMMIT SUPPLY SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TARGET SPECIALTY PRODUCTS THE BANK OF NEW YORK U S BANK U S HEALTHWORKS UNITED RENTALS URS CORPORATION VALLEY POWER SYSTEMS INC VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS WILLY'S ELECTRONIC SUPPLY PAYROLL Pay period Start Date 6 2/18/2014 WARRANT REGISTER #38 3/18/2014 PESCRIPTION CREDIT REPORTING / S8 SOIL TESTING, AQUATIC CENTER JANITORIAL SUPPLIES FUND FOR RESERVE POLICE AQUATIC CENTER MOP 45742 LAUNDRY SVC NSD 26 PASSENGER SHERIFFS RANGE USE PUBLIC SAFETY WORKSHOP AQUATIC CENTER 16TH ANNUAL BREAKFAST MOP 45753 K9 FOOD - PD REIMB - PUBLIC EDUCATION 1 GAS & ELECTRIC SERVICE / NUTRITION FOOD (MEAT AND FISH) FOR NUTRITION MOP 63845 BUSINESS CARD IMPRINTS LATCH, ASSY, BYPASS MOP 45704 OFFICE SUPPLIES - PD MOP 61744 MISC SUPPLIES - MIS 3" S HOOK/BELT SWING SEAT BLUE STREET WATER SVCS FOOD / NUTRITION CENTER ROUNDUP CUSTOM SMARKPAK CUSTODIAN FEE/OCT 1, 2013 - DEC 31, 2013 CREDIT CARD EXP - HR MEDICAL SERVICES SCISSOR LIFT 19' ELECTRIC MORGA KIMBALL TOWERS SHOP PRO FXP ASM STRAY ANIMAL VET CARE / POLICE VERIZON SERVICE / 1/22/14 - 2/21/14 MOP 45763 MISC SUPPLIES - MIS End Date 3/3/2014 Check Date 3/12/2014 GRAND TOTAL CHK NO DATE AMOUNT 311551 3/18/14 34.65 311552 3/18/14 12,924.95 311553 3/18/14 263.00 311554 3/18/14 120.00 311555 3/18/14 22,219.00 311556 3/18/14 14.44 311557 3/18/14 59.00 311558 3/18/14 200.00 311559 3/18/14 640.00 311560 3/18/14 21,484.84 311561 3/18/14 50.00 311562 3/18/14 250.42 311563 3/18/14 474.16 311564 3/18/14 245.29 311565 3/18/14 291.98 311566 3/18/14 31.62 311567 3/18/14 95.47 311568 3/18/14 1,789.66 311569 3/18/14 1,189 q5 311570 3/18/14 311571 3/18/14 311572 3/18/14 4,0, .� 311573 3/18/14 106.60 311574 3/18/14 300.00 311575 3/18/14 866.30 311576 3/18/14 523.00 311577 3/18/14 732.88 311578 3/18/14 24,441.50 311579 3/18/14 1,849.56 311580 3/18/14 208.16 311581 3/18/14 9,206.21 311582 3/18/14 110.68 A/P Total 337,528.08 858,590.99 $ 1.196.119.07 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 15th OF APRIL, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO.14 ITEM TITLE: Continuation of Public Hearing of the City Council of the City of National City to consider establishment of Residential Permit Parking District "K" on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of the 2500 block of "B" Avenue, pursuant to City Council Policy 710 "Residential Permit Parking Program" (TSC 2013-25) PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Continue public hearing to the next regularly scheduled City Council Meeting of May 6, 2014 to allow staff additional time to review and present the results of the off-street parking surveys BOARD / COMMISSION RECOMMENDATION: At their meeting on December 11, 2013, the Traffic Safety Committee unanimously approved the staff recommendation to establish Residential Permit Parking District "K". ATTACHMENTS: 1. Explanation 2. Exhibits t Table 3. Affidavit of Posting"Notice of Public Hearing" 4. Staff Report to the Traffic Safety Committee on December 11, 2013 (TSC 2013-25)" EXPLANATION The purpose of the public hearing is to consider establishment of Residential Permit Parking District "K." The process for establishing a Residential Permit Parking District is governed by City Council Policy No. 710, "Residential Permit Parking Program." In determining whether a residential area identified as eligible for residential permit parking may be designated as a Residential Permit Parking District, City Council shall take into account factors which include but are not limited to the following: 1) The extent of the desire and need for the residents to have residential permit parking; 2) The extent to which legal on -street parking spaces are occupied by motor vehicles during the period proposed for parking restriction; 3) The extent to which vehicles parking in the area during the period proposed for parking restriction are commuter vehicles rather than resident vehicles — for the purpose of the parking survey and analysis, "resident" vehicles were considered as those registered to owners residing "within" the proposed Residential Permit Parking District boundaries and "commuter" vehicles were considered as those registered to owners residing "outside" of the proposed District boundaries; 4) The extent to which motor vehicles registered to persons residing within the proposed Residential Permit Parking District boundaries cannot be accommodated by the number of available off-street parking spaces. This item was presented to the Traffic Safety Committee on December 11, 2013. A handful of residents attended, all in support of the District. Based on the testimony from residents and the information provided in the attached Traffic Safety Committee report, the Committee unanimously approved the staff recommendation to establish Residential Permit Parking District "K," with the understanding that Engineering staff would obtain additional information from residents to establish appropriate time restrictions for the District. At the regularly scheduled City Council Meeting of February 18, 2014, a public hearing was held to consider establishment of Residential Permit Parking District "K". Based on testimony from residents, and the information presented by staff, Council voted to continue the public hearing to the regularly scheduled City Council Meeting of April 15, 2014, to allow staff to collect additional survey data related to off-street parking. Staff has completed the off-street parking surveys, but needs additional time to review the survey results, prepare exhibits and tables, and provide a summary of findings. Therefore, staff recommends continuing the public hearing to the regularly scheduled City Council Meeting of Mav 6, 2014. Background Ms. Maria Erickson and Ms. Alma Fernandez, residents of 2535 and 2525 "B" Avenue, respectively, have requested the establishment of a Residential Permit Parking District on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of the 2500 block of "B" Avenue, to address lack of available on -street public parking. Currently, there are nine active Residential Permit Parking Districts: "A", "C", "D", "E", "F", "G", "H", "I", and "J" (District "B" was subsequently removed by City Council action at the request of area residents.) This report addresses establishment of a new Residential Permit Parking District "K" as illustrated in the attached exhibit. The proposed District excludes the street frontage of all commercial properties, apartment complexes and condominiums. As previously stated, the process for establishing a Residential Permit Parking District is governed by City Council Policy No. 710, "Residential Permit Parking Program." The first step in the process is for interested residents to initiate and distribute a petition in support of the District. The petition shall clearly state the boundaries of the proposed District. According to the Policy, at least 60% percent of homeowners within the proposed boundaries of the District are required to sign the petition in order for staff to perform a formal evaluation. Ms. Erickson and Ms. Fernandez distributed a petition to their neighbors and returned the signed petition to the Engineering Department for review. Staff confirmed that approximately 80% of the homeowners residing within the proposed District boundaries signed the petition. Analysis and Recommendations Consistent with Policy No. 710, Engineering staff coordinated with Neighborhood Services to have Parking Regulations Officers conduct a series of license plate surveys on vehicles parked curbside within the proposed District boundaries over a four -week period. Days of week and times of day were staggered to achieve an equitable sample. The purpose of the survey is to verify parking demand and determine the percentage of vehicles registered to owners residing within the proposed District versus those residing outside of the District. The National City Police Department processed the license plate numbers from the surveys to obtain the property addresses associated with the registered vehicle owners and emailed the results to Engineering. Per Policy No. 710, in order to consider establishment of a new Residential Permit Parking District, at least 70% of the available curbside parking spaces within the proposed District must be occupied by commuter vehicles (as previously defined by staff for the purpose of the survey and analysis.) The survey results and analysis indicate that approximately 81 % of the vehicles surveyed were registered to owners that reside outside of the District. It shall be noted that approximately 34% of the vehicles surveyed were registered to owners that reside in either the apartments or condominiums located adjacent to the proposed District. Only approximately 19% of the vehicles surveyed were registered to owners that reside within the District boundaries. The results also confirm that parking within the proposed District is in high demand due to the lack of available on -street parking observed during the field surveys. At their meeting on December 11, 2013, the Traffic Safety Committee unanimously approved the staff recommendation to establish Residential Permit Parking District "K" on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of the 2500 block of "B" Avenue, with the understanding that Engineering staff would obtain additional information from residents to establish appropriate time restrictions for the District. Staff mailed letters to homeowners and tenants in proximity to the proposed District inviting them to attend the Traffic Safety Committee Meeting. A handful of residents attended, all in support of the District. Engineering staff field -verified the time restrictions associated with the nine existing Residential Permit Parking Districts and prepared a summary table (see attached.) Most of the time restrictions are early morning to early evening, Monday through Friday. Only one District is posted for permit holders 24-hours a day, seven days a week. Staff contacted Ms. Erickson and Ms. Fernandez regarding their preferred time restriction for the District. They suggested a "24/7" parking restriction for non -permit holders. For consistency with the other Districts, staff asked Ms. Erickson and Ms. Fernandez to consider a 12-hour time restriction. Ms. Erickson and Ms. Fernandez met with their neighbors who reached a consensus that posting a time restriction of 10:00am-10:00pm, Monday through Saturday would be most appropriate. Notice of Public Hearing On February 5, 2014, Public Hearing Notices were posted at various City Hall bulletin boards and along E. 26th Street and "B" Avenue within the proposed Residential Permit Parking District "K" boundaries. On February 7 and 14, 2014, the Public Hearing Notice was advertised in the San Diego Union -Tribune. The Public Hearing Notice was also mailed to homeowners and tenants in proximity to the proposed District. An affidavit was signed by the City Clerk and Engineering staff at least 10 days prior to the February 18, 2014 meeting (see attached.) Issuance of Permits and Restrictions Residents living within the boundaries of a Residential Permit Parking District may purchase an annual parking permit for $35, which is valid for one year effective February 1st through January 31st. The option to "prorate" is unavailable at this time given the current fee structure. Applicants are required to provide proof of residency and valid vehicle registration in order to be eligible for a permit. After verification and proof of payment, staff will issue a placard, which must be clearly displayed in the vehicle. Up to two annual permits may be purchased per household. In addition, annual permit holders may apply for up to two temporary visitor permits per household at no cost. The temporary permits are valid for up to 14 days. Only permit holders with valid Residential Permit Parking District placards and/or those with valid disabled persons placards may park within the District during the posted time restrictions. Per the California Vehicle Code and City ordinance, vehicles (with or without placards) may not be parked at the same location on any public street for more than 72 consecutive hours. • 164 V. rill • lb Existing Residential Permit Parking Districts - Time of Day Parking Restrictions Parking District General Location Time of Day Parking Restrictions Notes A E 20th St & B Ave SAM-7PM, Daily B Removed by City Council Action C W Plaza Blvd & Hoover Ave 7AM-7PM, Mon -Fri D W 11th St & Roosevelt Ave 7AM-7PM, Mon -Fri E W 14th St and Roosevelt Ave 7AM-7PM, Mon -Fri F E 9th St & A Ave 6PM-6AM, Mon -Fri, All day Sat & Sun G E 16th St & G Ave 7AM-7PM, Mon -Sun H E Plaza Blvd & C Ave 7AM-7PM, Mon -Fri 1 E 24th St & A Ave 7AM-7PM, Mon -Fri J W 14th St & Hoover Ave 24/7 K E 26th St & B Ave 10AM-10PM, Mon -Sat Proposed District AFFIDAVIT OF POSTING NOTICE OF PUBLIC HEARING STATE OF CALIFORNIA ) County of San Diego ) KENNETH FERNANDEZ, being first duly sworn, certifies: THAT he is now and has been the ACTING ASSISTANT CIVIL ENGINEER of the CITY OF NATIONAL CITY: THAT the City Council of National City will hold a Public Hearing on February 18, 2014, to consider ESTABLISHING RESIDENTIAL PARKING DISTRICT "K" ON BOTH SIDES OF E. 26TH STREET BETWEEN "B" AVENUE AND "D" AVENUE, AND ON THE EAST SIDE OF THE 2500 BLOCK OF "B" AVENUE, PURSUANT TO CITY COUNCIL POLICY 710 ENTITLED RESIDENTIAL PERMIT PARKING PROGRAM. THAT he caused the notices of said Public Hearing to be posted at intervals of no more than 100 feet as prescribed by law, on the 5th day of February 2014 and thereafter, he made this affidavit and filed it with the City Clerk of the City of National City. Dated at National City, California this 5th day of February, 2014. enneth Fernandez Acting Assistant Civil Engineer MI heel R. Dall-, CMC City Clerk -3- 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 11, 2013 ITEM TITLE: ITEMwo.".201345- REQUEST TO ESTABLISH RESIDENTIAL PARKING DISTRICT "K" ON BATH SIDES OF E. 267H STREET BETWEEN "El" AVENUE AND''D" AVENUE. AND ON THE EAST SIDE OF "B" AVENUE NORTU, OF E. 26TH STREET (BY ML ERICKSON/A. FERNANDEZ) PREPARED BY: Kenneth Fernandez, P.E., Acting Assistant Civil Engineer, Engineering and Public Works Department, Engineering Division DISCUSSION; Ms. Maria Erickson and Ms. Alma Fernandez, residents of 2535 and 2525 "B" Avenue, respectively, have requested the establishment of a residential parking district in their surrounding neighborhood on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of "B" Avenue north of E. 26th Street to address on -street public parking. According to both Ms. Erickson and Ms. Fernandez, the number of vehicles regularly parked on the street often times nearly occupies a majority of available public parking regardless of the time or day of the week. There is a similar parking condition immediately to the west at "A" Avenue where Parking District "r is in operation. Currently, there are nine active residential parking districts: "A", "C", "D", "E" "F°, "G", "H", "I", and "J". This report addresses a proposed tenth Residential Parking District "K". Two citizen -initiated petitions were created and distributed around the neighborhood. Both petitions clearly stated the action being requested and specific location of said action. It was then submitted to Engineering staff for review. The neighborhood is composed of commercial, single-family, multiple -family, apartment complex, and condominium residences. This proposed parking district excludes the frontage of the commercial, apartment complex, and condominium residences. Engineering staff analyzed the petitions in accordance with the Residential Permit Parking Program - Policy Number 710. First, at least 60% percent of homeowners within the proposed boundaries of the residential parking permit district are required to sign the petition in order to move forward with the process. This condition was met. Second, Engineering requested that the City's Neighborhood Services Division, Parking Enforcement Section provide data throughout a four -week window and record the license plates of vehicles parked in the proposed district. Data was collected in the early moming and again in the late afternoon/early evening except on Sundays. This task was completed. -4- Next, Engineering analyzed the data and compared it with DMV vehicle registration information (a.ka. 10-28 Forms) provided by the City'e Police Department Staff then differentiated parked vehicles registered to residents within the proposed parking districts to those parked vehicles not registered within or assoclated to a commercial, apartment complex, and condominium residences adjacent to the proposed parking district. As such. it was determined that aacroximately 80 % of the vehicles barked did not belong to the groomed residential narking district. If a residential parking district is established, those residents within the district are able to purchase an annual parking placard for $35 year-round. Each permit is valid effective February I'm and expires on January 31d of the following year. Quadded residents are allowed to purchase up to two placard (or up to fora placards ff the residence is located on a corner lot). Currently, there is no proration of the district parking permit fee if purchased after February 1'c. Those residents with a valid parking or disabled placard shall be allowed to park in the same location within the district for up to 72 continuous hours. Vehicles without a properly displayed permit or with a pemtit but at a different parking district than that assigned to them may be cited and/or towed. STAFF RECOMMENDATION: Given the data collected, analyzed, and evaluated per Policy Number 710, Staff recommends the following enhancements in establishing Residential Parking District "K' on both sides of E. 2811 Street between 'B" Avenue and 'D' Avenue, and on the east side of °B' Avenue north of E. 2611 Street for the purpose of addressing on -street public Parking; 1. Order and Install 'No Parking except vehicles displaying District 'K' or disabled parking placard" signage with 'Start" and 'End' indicators on poles with time-, day, and parking district -restricted verbiage on the public right-of-way. EXHIBITS: 1. Location Map 2. Photos 3. Current Residential Permit Parking Map with proposed Parking District "K' 4. Residential Permit Parkirng Program - Policy Number 710 2013-25 -5- Location Map with Recommended Enhancements (TSC Item: 2013-25) Eutdde of "B" Avenue looking northeast from E. 26th Street E. 26th Street looking met from 300 block of E. 26th Street -7- E. 26th Street looking east from 300 block of E. 266 Street -8- twouartramaxim=Pal Inuesalmqrstaxsza NVId NO1.1311 NOILVIZOdSNV7I EMSMODIJNOO NOIL^V1CNrQ .WJ At amen' SIM.0.1J1E18Z *14VY aLOSI AVMN?tw aids / 1 .LYIsi@PLa .t.. Jikani IVUJOaDg11 paLacst a.at iYi` ria ir. !app MEI MN lid r - I� ■ :1C ir= !is !WHIM ADOPTED: August 23,1994 CITY COUNCIL POLICY TILE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 AMENDED OR mom bane Page) of 9 The purpose of this policy statement is to regulate a Re identiai Permit heretofbre established by the City Cotmcil. Parking Proem A petition for a ReeidentiaPemit Paddag"Area Shill be direeted to the Ttldfie gamCommittee. Before thrther procestdng of a request for a Rentienthe Padrkg Permit ... oDistrict the peg al P shall be ii of the owner* within the pfopo� boundariesarldugPemtit binder. The processing TrafficoSefety tCommittee shall direct the Grey top with the program in conformance with the followfflg,st ated per. SECTION 1. Definitions (a) "Residential Area" shall mean a contiginan :skis consieting uses containing public streets parts t of primarily residential (b) "Residential Permit • Ate" residential area meted rips ° the adjacent motor public vehicles a to a a valid permit as dssarb' pro d winzein resident motor puw to this policy infl be �M from parting restrictions established (c) "ResidenfVeldelealtillmean a motor vehicle pariloed in a residential area in vthich is reed t oStele of of M Vehicles or ab mgistainS similar i) µ"t%hicle" shall mean a motor vehicle, other than one described is State meet ofM V s 3II which it is not !ashamed with fibs {e) sot Vehicle" shall mein a motor vehicle which has been issued a padring'po Pu to thispolicy to y �g txuc�a other motor•driven or self-propelled :eeation veto, motorcycle or Ineoportation. Q1Y OF NATIONAL CITY -10- 1 CITY COUNCIL POLICY TITLE: RRSIDE,NTIAL PERMZT PARKING PROt3RAM POLICY ADOPTED: August 23,1994 AMENDED OR. REVISED. NUMBER 710 Pago2 of 9 (g) "Owns" shall mean that a person has at least one -quarter interest in a parcel of real property within a residential permitparking area. . (h) "Denser. shall mean that a person pep rant e3 other reiaiunea'atioa far use of a•paroel ofreal property as his reeidanne orplaee ofbmsiness. - - (3) • Tenon" shall mean natnral person, joint venture, Xoint.Stock COmptury, partnership association, club, company, corporation, business trust you, or the escort, employee, lessee, manager, officer or servant of any of U) "City Engineer" shall mean the City &sinew of the City of National City or his designee. (k) "Clerk" shall mean the person or officer Who ism acts as clerk of the City Council of the City of National City. 1) "Code" shall mean National CityMvniaipal Code. SECTION 2. Der of Residential Permit Paddng Area (a) The ' Council absi ,,upon the non of the Traffic Safety Coffee and enteenneit alas I W aaeu satisfying a Piaci twining consider Ku designation �criteria established IOW paid statement (b) The `Cliftottnoil o shall then designate by resolution certain residential areas as residisnialDOlmit paridug areas in which mots vehicke displaying a valid parking i t Iraq kind or be parked without limihmione by p' ng time err parking area t edc established by this policy statement Said resolution shall also state the ale parking regulation and period of the day for its motion, and the tame to be charged upon permit iseuaaoe. crnr OF NATIONALCITY 1 -11- CJTY COUNCIL POLICY Page 3 of 9 SECTION 3. Designation Criteria tapresidential area shall be deemed eligible. for consideration #s a residential pmddog area 14 based en •studies prepared at the direction of the City der, - . obJO• criteria establish that the residential area is impacted by rummer vehicles far any extended period during the day or night, or weekends, nr dining holidays- • (b) In determining whether a residential area identified! as parking may be d as a rerddaotial eligible a residential Corm pit take into account Actors which include but �j �; �l (1> cadent of the desire and need for the residents for residential permit (2) The extent to which legal. on4lreet pig are by motor vehiduring the period proposed tm ping restriction; 3)) The extent to which vehicles parking in the area dnrbig the period pig restriction are coMemter vehicles ether than resident vehicles; (4) Thro_ extant to which. motor vehicles aged' ered to peaces residing in the Peresideaaturei. camel be accommodated number avail able off-street (c) set forth as ' Ar approval of a Reeddjei 1 Puking in determining� to proceed (1) Residendtal parking Permit District shall moist of at least one side of a sty section between two oonseartive intersecting streets. (2) At least 70 percent of the available curbside purer spy ere occupied by commuter vehicles during the time the parking dyed being wed. CITY OP NATIONAL c 1 Y -12- ADOPTED: August 23, 1994 SECTION 4. Dpksdian Process CM COUNCIL POLICY MU: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 AMENDED OR REVISED: Peggy, 4 of 9 (a) When directed to do en by the Traffic Sagely Qommittee. the dog canoe tis7residehave eucksorvaist 01 studies 4s.are . la Weil * w a... Pain* (b) Upon the completion of 9m purveys or vailtea report to the Traffic Safety Con : asbjeekat a shaft p : (1) ibi7ity of the residential area under ocev dbrsticn for resideotial permit pakins (2) Tentative boundaries far the proposed ietddential plait ping are and (3) Appmpdate area prohibition or time -limitation an paddgg and the period of .the day *rite appliottion.$ (a)The Tic Slaty � ... review the report and ha findings and subaequeatiy make a to to City Council to , proposed Reddenthd District. The s�Pprthe or the Council City Council al the nest possible meeting tSafety Committee meeting may seta date far a Public betsinton the of the proposed ResidentialPermit Paddng Maria (d) The w,.. such 8 enead'; hi 1 °$ 10 be published Woe in8 local s +t d'date off bearingthe �� publication The first soli be net lase than j(e) City inginser shall arse notion of such heating to be posted more , , osed peat*ne hrmdred foot intoand at all street inter�toa, in conspicuously, rvals parking sits. (f) The noaoe shall clearly stale the purpose of the hearing the tendon and date and time of the hem ng the eve bou ndadee of the proposed raddeodai pera{t puking area; and that awinterested person shall be entitled to appear end be heard. CITY OPNATIONAI,C TY -13- CITY COUNCIL POLICY Page5of9 SBCfION 5. Public Reariag (a) At the pubes hearing, the City Council. may review the written; repeats, eurveys and = es„-fabo.pnbbo ieitimony.and determine. whether the prclioaad Raddentia1.Parmit Parking .Distriet is justified. rad desired by the residents within the district and the immediate mood. The City Councll may then boundaries of the signate resolution the new Residential Peri n t -Paridng District' ailf d City ngineer too use toappropriate signing ofthe Diatriot per Seotieel.7. SF,CIION 6. Issuance ofPermits (a) The Cam' Engineer is hereby authorised and directed to issue, Upon proper written application theatre, a parking p .13�4 Parrott shall list the > onumber of the motor vehicle for which it is issued, and the 4aee when it was issued. No more than one parking permit The Chy Engineer is shall be issued toeach molar vehfcle for which application is made. this mad to issue Barb rules and �, not moonaisteffi permits; s e rower in which Pearson shall quati fy for p ng (following b) Parking permits miybet based for motor vehicles only upon application of the P; f (I) A sidemit of the residential ralthifted Paddn8 area who has a motor vehicle It `*Ater name, or who has a motor vehicle fbr hiWber o cIuaive use araider hhad er l; a) A' erion who owns or leases commercial prop, and actively eagages boihrear wiry within a atrin � permit p�8 However, no more than cam{ parking permit may be issued ffir each beelinaas eastablish:nag liar a motor lahiee registered to or under the control of such a person. (e) Proof of residency shall be demonaed by providing rant or utility such dooamen s that verifies residency to the man of the City n Engineer. eceipts or other CITY OF NATIONAL CITY -14- CITY COUNCii. POLICY TITLE: RESIDENTIAL PERMIT PARIUNG PROGRAM POLICY • NUMBER: 710 ADOPTED: August 23,1994 AMENDED OR 1wvmED: Page 6 49 (d) Proof of motor vehicle ownership or vehicle use and control mil be emon d by providing a valid vebicle card and a valid dmrors lioidlbe, .(e)-Temporaryiesidentialpaddanismiterneybe rssruktfcr vehicles which ar�ir (1) Owned, rented or ardor the -operational �s of!mirp who owns or . leaaetpropeaty for the addenda' remit area, used M providing services • persons or property in the residential panto es d parking panda may also be issued to vehicles owneilry temporary visitors who residing in the resddentrd pit paddmg arse. ,,'Such temponry raddential parking permits shall have all of the rights and privileges of a regular permit A temporary pig permit than be v r no more•than fourteen days Bum the date oi'issuance. No resident of a " permit Parking area shall be issued more than two temporary p ', at onetime. A resdenaal parking pemhit issued to a -service or to owned by teemparary visitors d dl b t.pbe a tauporary permit' issued to the resident of the property, era services are provided or the temporary visitors ars residing. .. . N (A Long-term visitor Peking therelinireneedregultbrl requires re weeks. A may be issued to residents, of a permit district who over a long period of time. The resident must establiefa by inclioadng a disability or a hardship situation that or some other aseistance for a period of more than two be limited to inc such longterm visitor permit which may be vaidoles of multiple an or service providers. Each care or service their vehicle(e) with the Engineering Department. The long-term shadlaid fir one year altar the date of issuance. Lortg term visitor t gar this paragraph shall be counted again,* the permit limits of parch (g) _ nuerber of permits issued to any one address in a residential neat shall be limited to the number of =beide spaces idanB the property frontage or two, wldobever is greater. Non-giug1e fanny residential addressee shall be limited to two penmtits. The detemdro ion of the number of space along the property frontage shall be made by the Cityineer. airy OFNATIONAL QTY -15- r CITY COUNCIL POLICY TTTLB: RESIDENTIAL PERMIT PARKING PROGRAM POU► NUMBER: 710 Page 7 of SBCT7ON 7. Poetiag afRaeidential Permit Padang Area Upon- adoption by the City Council of a rescdutideeignating a P ee, the City Bngineor pennant to o residential pear* • %•signs to be erected in the arca indioating„ 1y, thereon the area prolulition or time limitation, period of the day4w its application, and condition" under which permit paddn; than be mpttere$om; SECTION8. Display ofNaafis Permits shall be displayed in a manes determined by the Chief of Police. SECTION 9. Permit Parking Exemptions A radiant motor vehicle or transient motor vehicle on which is permit as provided for herein shall be displayed a valid parking permitted to stand or be permit parking area without bang limited by timec peaked in ap residential � pert to this policy. Sid motor vehicle or went bona not be exempt from prating restrictions or teems established pursuant to amity other than this policy. Alt other motor vehicles other than �l a as nsported by said v11 off the Code and vehicles Where the operator or the passenger being wed in displays a license honed under the provisions of Section 2.2511.5 of the to the timeC litbrnia v�ltlonse Codeor aaeaprobations , parked within residential permit png area shall be subject the penalties provided for herd Tt Barone as provided in this pots, p well as A nesidantal parking permit shall not guarantee or reserve to the holder thereof an an - street parking apace within the designated residential permit parking area. SECTION 10. Application for and Duration ofPetmit Earth perking pemsii issued by the City Engineer did be valid for not tense than one Year itom the date of iaanenee. Permits shall wire an the last day of the anniversary month of the fonnation of the arse in Inch mimner as may be requiredby the City EnnEach application or reapplication ibr permitsuffi ici e t to identify the applicant, his residence ofroal mad property owned eror CITY OF NATIONAL, CITY -16- CITY COUNCIL POLICY TTiL.B: RESIDENTIAL PERMIT PAR1ONC3 PROGRAM POLICY ADOPTED: August 23.1994 NUMBER: 710 AMENDED OR REVISED: Page 8 of 9 lased within a maidoanial permit ping area, and the license number, of the motor vehicle for which application is made, and such other intimation that may be deemed relevant byte City sneer, SECTION 11. Permit Bees (a) The annual renewal- the for a residential paftiog permit shall be $10.00 and shall be teviaed byresolutioa at such time when user has m general are.updated. (b) The fee for a temporary residential paddngpamul shall, be two dollars (S2.00). SECTION 12. Penalty Provisions (a) It shalt be unlawful and a violation of ibis policy unless expressly provided to the o'ny hanin, for any person to stand or park a motor vehicle for a period exceeding the time limitation or in violation of the area prohibition established pl,rammt hereto. Said violation shall be an infraction peamshaMC in accordance with the providone of Title IIofthe Code. (b) It meall be unlawful and a viol fan of this policy for a person to falsely apnea himself as eligible for a parking paw or to tlimish fate intbmistion in an application therefore; (c) It shall be unlawild and a violation of this policy for a person holding a valid panting permit issued pursuant hereto to permit the use or display of such o vehicle other than that fir- which thepermit on a motor oaiaovfinh rot and vin]atioeaof this policy is used. Such conduct shall oodaditute as policy both by the pen holding the valid parking peal* and the moon who uses or thsplgs the permit on a motor v& icle other than for which it is issued; (d) h1 shall be onierw1b1 and a violation of tide policy for a pan to copy. prvdueo or other wine bang into existence a Some or coemterfeit parldng penult or permits wfthout written andaviolationofthioftn om the tom' Engineer or design. It shall thither be policyunlawful the apessonto knowingly useor CITY OF NAIIIONAL ry -17- ADOPTED: August 23,1994 CITY COUNCIL. POLICY TITLE: RESIDENTIAL, PERMF PARKING PROGRAM POLICY NUMBER: 710 Page 9 of 9 display a mile or counterfeit parking permit in order to evade area prohibitiom or time limitations on parking applicable in a residential permit purling rim. A violetice of tWa subsection shall be a misdemeancT punishable in moo/dance will the provlaiama of Section 11.12 of the Coda. SECTION 13. Revocitioa of Pamit T City Engineer or designate it authorised to za obe the residential any p ibund to be in viohltion of this policy and, upon writes of the render a dethan s der such pry to the City Brigham Failure when so requestedto surthis policy. ntial �g permit so revoioed shall constitute a vaouation of law and of SECTION 14. Saverability The provisions of Ids policy am severable and if any provisions, cue, alb/potion. word inapplicable to ray person or part thereof is hell illegal; invalid, or dal, or or , unoaacrtitudonal ty, or notinapplicability inch >7lrgaect or impair ny, of the remainbg didy, a pPprovisions,sentences, subsections, aecti an, woad, or parte tithe policy or their lioadon to other Parma or sauce,. It is hereby declared to be the legislatiYe intent that tbia policy would have been adopted Minch illsi, invalid, or unconetitutional dos, chum, som°0D0, boa, geodon, word or part bad not boas inobdied them, or if Halt pecan or drewaIt aooe to which the policy or part thereof is held itapPliceble had been specifically attempted thereinto. SE rION 15.. Staid Provision and Remove] of Designation. d z ential permit parking area may be re-evabiated Sor etig iiity 2 pars afar the d of dadgnation and ovary 2 yea* thaesdter. Tiro City Raglan, dual apply the sanprovided m Section 3 to detasine if the area is still eligible fir the (b) The designation pewees ant forth m this policy statement shell be utilized by the Engineer and the aty Council in detamiakg whether to aesnoye a Cit` ode i�nitparking area from apaetiaahrresidential a m or portion a CITY OP NATIONAL CITY -18- CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO. [15 TEM TITLE: Public Hearing of the City Council of the City of National City to consider the annual adjustment to the Transportation Development Impact Fee (TDIF), pursuant to NCMC Section 4.52.100 and consistent with Government Code Section 66017, proposing to increase the TDIF by 2%, as required by SANDAG, resulting in the fee adjusting from $2,209 per new residential dwelling unit to $2,254 per unit beginning July 1, 2014 PREPARED BY: (Stephen Manganielld PHONE: 619-336-43821 EXPLANATION: See attached. DEPARTMENT: APPROVED BY: Engineering & Public Works FINANCIAL STATEMENT: ACCOUNT NO. fN/A1 ENVIRONMENTAL REVIEW: IN/P� ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Hold hearing. BOARD / COMMISSION RECOMMENDATION: 1N/A. ATTACHMENTS: . Explanation _. Transportation Impact Fee Program Report on file at City Clerk's Office) Explanation On April 1, 2008, to satisfy the requirements of the TransNet Regional Transportation Congestion Improvement Program (RTCIP) for receipt and expenditure of TransNet funds, City Council adopted Ordinance No. 2008-2310 amending Title 4 of the National City Municipal Code by adding Chapter 4.52 "Establishing and Approving a Transportation Development Impact Fee for Capital Improvement Projects Necessary to Maintain Acceptable Levels of Traffic and Transportation Service Within the City". The TransNet Extension Ordinance requires that the RTCIP transportation mitigation fee charged by local jurisdictions be adjusted every year on July 1 in order to maintain the purchasing power of the program for improvements to the Regional Arterial System. On February 28, 2014 the SANDAG Board of Directors approved a 2 percent adjustment to the RTCIP, raising the minimum fee from $2,209 per new residential dwelling unit to $2,254 per unit beginning July 1, 2014. Per the RTCIP, local agencies are required to implement the annual fee adjustment set by SANDAG. Failure to do so will result in Toss of TransNet funding for improvements to local streets. If adopted by City Council, the new fee would go into effect on July 1, 2014. A copy of the City's Transportation Impact Fee Program and fee schedule is available at the City Clerk's Office. Public notice was provided by the City Clerk's Office in accordance with Government Code Section 66017. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO. j 16 ITEM TITLE: A Resolution of the City Council of the City of National City amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustment to the TDIF, pursuant to NCMC Section 4.52.100 and consistent with Government Code section 66017, approving an increase in the TDIF by 2%, as required by SANDAG, resulting in the fee adjusting from $2,209 per new residential dwelling unit to $2,254 per unit beginning July 1, 2014 (fees deposited into TIF Fund) PREPARED BY: Stephen Manganielld DEPARTMENT: Engineering & Public Works PHONE: 619-336-4382 EXPLANATION: See attached. APPROVED BY: FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. transportation Impact Fee (TIF) Fund APPROVED: 1326-409-500-598-6569 (97% of fees collected); 326-409-000-213-0000 (2% of fees collected); 326-409-000-650-9005 (1 % of fees collected) ENVIRONMENTAL REVIEW: N// ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt the Resolution.' BOARD / COMMISSION RECOMMENDATION: N/A. ATTACHMENTS: 11. Explanation !. Resolution] Explanation In November 2004, San Diego County voters approved local Proposition A extending the TransNet 1/2 cent sales tax to fund the region's transportation system for 40 years. As part of Proposition A and the TransNet Extension Ordinance, the Regional Transportation Congestion Improvement Program (RTCIP) was created to ensure that new development directly invests in the region's transportation system to offset the negative impacts of growth on congestion and mobility. One of the requirements of the RTCIP was that by July 1, 2008, each local agency must contribute $2,000 from exactions imposed on the private sector for each new residence constructed within each jurisdiction. Failure to do so would result in an agency's Toss of TransNet funding for improvement of local streets. Cities have the authority to impose impact fees under the Mitigation Fee Act contained in California Government Code sections 66000 through 66025. Therefore, on April 1, 2008, to satisfy the requirements of the TransNet RTCIP for receipt and expenditure of TransNet funds, City Council adopted Ordinance No. 2008-2310 amending Title 4 of the National City Municipal Code by adding Chapter 4.52 "Establishing and Approving a Transportation Development Impact Fee for Capital Improvement Projects Necessary to Maintain Acceptable Levels of Traffic and Transportation Service Within the City". The TransNet Extension Ordinance requires that the RTCIP transportation mitigation fee charged by local jurisdictions be adjusted every year on July 1 in order to maintain the purchasing power of the program for improvements to the Regional Arterial System. On February 28, 2014 the SANDAG Board of Directors approved a 2 percent adjustment to the RTCIP, raising the minimum fee from $2,209 per new residential dwelling unit to $2,254 per unit beginning July 1, 2014. The following summarizes the adjusted fee schedule for new residential development, which will go into effect on July 1, 2014. The Transportation Development Impact Fee shall be collected prior to the issuance of any building permit for residential development in the City of National City. A copy of the City's Transportation Impact Fee Program and fee schedule is available at the City Clerk's Office. Residential Land Use Fee Single-family $ 2,254 per dwelling unit Multi -family $ 2,254 per dwelling unit RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE PREVIOUSLY ADOPTED TRANSPORTATION DEVELOPMENT IMPACT FEE ("TDIF") SCHEDULE AND ANNUAL ADJUSTMENT TO THE TDIF, PURSUANT TO NCMC SECTION 4.52.100, AND CONSISTENT WITH GOVERNMENT CODE SECTION 66017, AND APPROVING AN INCREASE IN THE TDIF BY 2%, AS REQUIRED BY SANDAG, RESULTING IN THE FEE ADJUSTING FROM $2,209 PER NEW RESIDENTIAL DWELLING UNIT TO $2,254 PER UNIT BEGINNING JULY 1, 2014 WHEREAS, in November 2004, San Diego County voters approved local Proposition A extending the TransNet'/ cent sales tax to fund the region's transportation system for 40 years; and WHEREAS, as part of Proposition A and the TransNet Extension Ordinance, the Regional Transportation Congestion Improvement Program ("RTCIP") was created to ensure that new development directly invests in the region's transportation system to offset the negative impacts of growth on congestion and mobility; and WHEREAS, one of the requirements of the RTCIP was that by July 1, 2008, each local agency must contribute $2,000 from exactions imposed on the private sector for each new residence constructed within each jurisdiction. Failure to do so would result in an agency's loss of TransNet funding for improvement of local streets. Cities have the authority to impose impact fees under the Mitigation Fee Act contained in California Government Code sections 66000 through 66025; and WHEREAS, on April 1, 2008, to satisfy the requirements of the TransNet RTCIP for receipt and expenditure of TransNet funds, City Council adopted Ordinance No. 2008-2310 amending Title 4 of the National City Municipal Code by adding Chapter 4.52 "Establishing and Approving a Transportation Development Impact Fee for Capital Improvement Projects Necessary to Maintain Acceptable Levels of Traffic and Transportation Service Within the City"; and WHEREAS, the TransNet Extension Ordinance requires that the RTCIP transportation mitigation fee charged by local jurisdictions be adjusted every year on July 1 in order to maintain the purchasing power of the program for improvements to the Regional Arterial System. WHEREAS, on February 28, 2014 the SANDAG Board of Directors approved a two percent (2%) adjustment to the RTCIP, raising the minimum fee from $2,209 per new residential dwelling unit to $2,254 per unit beginning July 1, 2014, in order to maintain the purchasing power of the program for improvements to the Regional Arterial System. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby amends the previously adopted Transportation Development Impact Fee Schedule and annual adjustment to the TDIF, pursuant to NCMC Section 4.52.100, and consistent with Government Code Section 66017, to maintain the purchasing power of the program of improvements to the Regional Arial System, by approving an increase to the TDIF by two percent (2%), as required by SANDAG, resulting in the fee adjusting from $2,209 per new residential dwelling unit to $2,254 per unit beginning July 1, 2014. [Signature Page to Follow] Resolution No. 2014 — Page Two PASSED and ADOPTED this 15th day of April, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO. 17 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with D-Max Engineering, Inc. for a not -to -exceed amount of $1,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: MIS Funded through various CIPs, on an as -needed basis ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: :�"� Finance STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution Explanation: The City's current 5-Year CIP is projected to deliver over $60 million in major public improvements. Approximately $25 million, or 40% of the CIP budget, is funded through active Federal, State and Regional "competitive" grants. Projects include corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of LID measures for treatment of urban runoff; ADA enhancements; park amenities; mechanical, electrical and HVAC upgrades to City -owned buildings; and affordable housing projects including infill transit -oriented development. In order to design, manage and deliver these projects on schedule and within budget, the Department of Engineering & Public Works advertised a Request for Qualifications (RFQ) for various engineering and construction support services on January 27, 2014. Additional services requested via the RFQ include plan and map reviews, preparation of plat & legal descriptions, sewer system management and financial administration, and environmental compliance involving stormwater, wastewater, FOG and HAZMAT. The RFQ was advertised on the City's Website, published in the Daily Transcript, and e- mailed to over 150 professional consultant firms. The Department received approximately 70 Statement of Qualifications (SOQs) from various firms, including Disadvantaged, Small and/or Minority Business Enterprises, by the February 24, 2014 deadline. Staff from the Department of Engineering & Public Works selected five firms based on qualifications for interviews. Based on the strength of their SOQ and interview, staff recommends executing an agreement with D-MAX Engineering, for a not -to -exceed amount of $1,000,000, to provide on -call support services for National City's CIP projects, including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach. D-Max Engineering has listed Dudek as a subconsultant to provide additional specialized services related to environmental compliance and construction management. See Exhibit "A" for bios and fee schedules. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. THIS AGREEMENT is entered into this 15th day of April, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and D-Max Engineering, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, the CITY has determined that the CONSULTANT is an engineering and environmental consulting firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith 1 City's Standard Agreement-2011 revision -1- and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Arsalan Dadkhah, P.E., Principal, thereby is designated as the Project Director for the CONSULTANT. 4. S OMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $1,000,000 (the Base amount) without prior written authorization from the 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 "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on April 15, 2014. The duration of this Agreement is for the period of April 15, 2014 through April 14, 2016. With mutual agreement of the parties, this Agreement may be extended for an additional period of up to one year, through April 14, 2017. 2 City's Standard Agreement —2011 revision -2- 7. DISPOSITION AND OWNERSHIP OF 1DOfIJMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT 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 CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY' S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY' S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 3 City's Standard Agreement —2011 revision -3- 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES. PERMITS. ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any 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. 4 City's Standard Agreement —2011 revision -4- 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. S'ONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the. services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 5 City's standard Agreement —2011 revision -5- 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, 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. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 6 City's Standard Agreement —2011 revision -6- G. Insurance shall be written with only California admitted companies that 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. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all 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. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. 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. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the 7 City's Standard Agreement —2011 revision -7- CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 8 City's Standard Agreement —2011 revision -8- To CONSULTANT: Arsalan Dadkhah, P.E. Principal D-Max Engineering, Inc. 7220 Trade Street, Suite 119 Carlsbad, CA 92121 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 9 -9- City's Standard Agreement —2011 revision 24. 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. 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. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. 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. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 10 -10- City's Standard Agreement —2011 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY D-MAX ENGINEERING, INC. By: By: 444 64ZZ Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney Arsalan Dadkhah, President 11 City's Standard Agreement-2011 revision ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 12/30/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to t certificate holder in lieu of such endorsement(s). PRODUCER Cavignac & Associates 450 8 Street, Suite 1800 San Diego, CA 92101-8005 License No. 0A99520 INSURED D-MAX Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 United States Cert if icate Department NAMEACT PHONE INC. No.Extk 619-234-6848 pp E-MAILS$: pert ificatesOcavignac.com INSURER(S) AFFORDING COVERAGE FAX (AIC. No):619-234- 8601 INSURER A: TR AVF..T.RRR PROP CAS CD -OF AMER INSURER : CATLIN INS CO INSURER C : NAIC R SS7d 19518 INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 105506 REVISION NUMBER:252633 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LLTTR I TYPE OF INSURANCE INSR APOULICY POUCY NUMBER ,1 D/YYYYI 4M 1DDAYYYY) LIMITS A GENERAL X UM COMMERCIAL GENERAL LIABILITY 68073501.622 1/1/2014 1/1/2015 EACH OCCURRENCE $ 1,000,000 DAMAGETOREMED PREMISES NTED nce) $ 1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10 , 00 0 X Contractual Liab. PERSONAL &ADV INJURY $ 1,000,000 X Separation of Insureds GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMITAPPLIES POLICY .i I'F i PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ p AUTOMOBSE I X LIABIDTY ANY AUTO ALL OWNED SCHEDULED AUTOS NON -OWNED AUTOS BA8924L251 1/1/2014 1/1/2015 COMBINEDSINGLE LIMIT (Es acddentl $ 1, 000, 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per ecdm) de $ $ UMBRELLA LAB EXCESS LIAR _� OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR)PARTNERIEXECUTIVE ,M OFFICEREMBER EXCLUDED? (Mandatory In NH) 11 yes Mate under DESCRIPTION OF OPERATIONS below Y I N N/A UB5527Y628 1/1/2014 1/1/2015 X T�UMITS OER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POUCY UNIT $ 1,000,000 8 Professional Liability AED9B5360115 1/1/2014 1/1/2015 Ea Claim $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Addhbml Remarks Schedule, X mom space le niquired) RE: Storm Water Services. The City of National City, its elected officials, officers, agents, and employees are additional insured with respect to general liability per attached & auto liability per policy form. Waiver of Subrogation applies to workers compensation per attached. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. National City, CA 91950-4397 United States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Dorothy Amundson ACORD 26 (2010/05) 01988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXIGIS • CAWGNAC &ASSOCIATES 252539 -12- Page 2 of 5 POLICY NUMBER: 6607350L622 COMMERCIAL GENERAL LIABILITY DATE ISSUED: 1/1/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): PROJECT/LOCATION OF COVERED OPERATIONS: PROVISIONS A. The following is added to WHO 1S AN INSURED (Section 1I): The person or organization shown in the Schedule above is an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products - completed operations hazard". CGD3820907 Such person or organization does not qualify as an additional insured for "bodily injury", "property damage", or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the rendering of or failure to render any "professional services". e. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this coverage part, whichever are less. This endorsement does not increase the limits of insurance stated in the 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with Its permission -13- Page 3 of 5 LIMITS OF INSURANCE (Section III) for this coverage part. B. The following is added to paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for the additional insured shown in the Schedule, the insurance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed. a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 82 09 07 2007 The Travelers Companies, Inc. Page 2 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 5 -14- WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: usss27Y628 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Page 5 of 6 -15- EXITBIY "A" D-MAx Engineering, Inc. �.. IME .. _1_ t UC MN AV !AA Consultants in Water & Environmental Sciences February 24, 2014 Mr. Stephen Manganiello Director of Public Works/City Engineer City of National City Department of Engineering and Public Works 1243 National City Boulevard National City, CA 91950 Re: Request for Qualifications for On -Call Project Support Services for National City's Capital Improvement Program Dear Mr. Manganiello: In response to your Request for Qualifications (RFQ) dated January 27, 2014, D-MAx Engineering, Inc. (D-MAx) is pleased to submit this Statement of Qualifications (SOQ) to provide on -call project support services for National City's Capital Improvement Program (CIP). We are proposing to assist the City in two of the disciplines listed in the RFQ: Environmental Engineering, Planning, and Design, and Environmental Compliance. D-MAx has worked with 18 agencies in San Diego, Riverside, and Orange counties on storm water and wastewater projects, including the City of National City, since D-Max was founded in 1996. As a result of our extensive project experience, we are very familiar with storm water and wastewater requirements and procedures both in the City of National City and the San Diego region. We are also including Dudek, a local environmental planning and engineering firm, on our team. Dudek will provide additional expertise for CEQA/NEPA and Hazmat services. Proven Record of Successful Program Support City staff have trusted us to keep them up to date on and in compliance with the ever -changing requirements of environmental regulations for over a decade. We have successfully helped the City revise its programs where regulators found previous efforts by others to be deficient. D-MAx staff have provided updates on requirements to the City Council and have represented the City in regulatory audits and permit negotiations. We have always been available to respond to unanticipated or emergency situations, and we have consistently completed required tasks on time even when a very short turnaround has been required. During this time the City has established an excellent reputation with the Regional Water Quality Control Board (Regional Board). Our staff have also built a strong rapport with City personnel and are very familiar with local policies and constraints. Local Knowledge and Experience. Over the last 18 years, D-MAx personnel have developed in- depth knowledge of the City's development and construction requirements, local businesses, drainage patterns and design, biological resources, and areas of particular concern to members of the community. We have helped bring $2.4 million in grant funding to the City for a project that will improve water quality through Low Impact Development (LID) and is consistent with the City's vision for more walkable, smart growth communities. We have also worked with the City and the National School District for each of the last several years to prepare an environmentally- themed calendar featuring artwork from local students. D-MAx has also sponsored and coordinated creek cleanup events in National City for many years. These events have both improved the condition of local creeks and involved many members of the community. Municipal Storm Water Program Expertise. D-MAx is well-equipped to help the City navigate the demands of new, more stringent storm water requirements. D-MAx has designed storm water 7220 Trade Street • Suite 119 • San Diego, CA 92121 • (858) 586-6600 • Fax (858) 586-6644 -16- Mr. Stephen Manganiello City of National City February 24, 2014 Page 2 C program plans for seven municipalities in San Diego County, including the City of National City, and represented the City throughout the permit development process negotiations with the Regional Board. We are currently updating the City's Jurisdictional Runoff Management Plan and representing the City in its role as co -lead for developing the San Diego Bay Watershed Water Quality Improvement Plan. We have completed over 23,000 inspections of industrial, commercial, municipal, treatment control BMP, and construction sites; over 140 dry weather monitoring programs and additional special studies; and more than 30 program annual reports. Environmental Planning and Design Experience. We prepared the City's Standard Urban Storm Water Mitigation Plan (SUSMP) and associated Municipal Code sections to meet regulatory requirements, and we have completed over 100 water quality plan checks for development projects for the City and other local agencies. We have provided LID design expertise for City CIPs and grant -funded projects. LID design will be increasingly more important under new SUSMP requirements, which impose more challenging design standards. We have prepared construction Storm Water Pollution Prevention Plans (SWPPP) for CIPs and helped City staff set up accounts for and enter data into the State's online reporting system. Our team member, Dudek, is widely -known across the San Diego region and throughout the State for its expertise in CEQA compliance, biological monitoring, and obtaining regulatory permits from resource agencies such as the Army Corps of Engineers the California Department of Fish and Game. Wastewater Compliance Experience. We recently rewrote the City's Sanitary Sewer Management Plan, revising standard procedures for sanitary sewer overflow response and reporting and training Public Works staff on the new procedures. and forms. D-MAx has also developed and implemented a Fats, Oils, and Grease (FOG) program for the City to comply with wastewater regulations. We have worked with the City to identify areas of chronic FOG build-up and have worked with businesses to ensure they follow FOG requirements. We have also performed FOG inspections for the cities of Vista and Carlsbad. Past Performance and Cost Effectiveness. As a team of professionals focused on providing environmental services, we adapt to our clients' needs and provide a level of flexibility that sets D-MAx apart. Our diverse group of professionals, close proximity to the City, and familiarity with the City allows us to respond to emergency requests quickly, reliably, and cost-effectively. As a small business, we maintain low overhead to provide our clients with highly qualified environmental professionals at affordable rates. For the last 18 years we have completed our projects for the City on time and within or under budget. D-MAx does not take any exceptions to the RFQ or the requirements stated within. It is our understanding that no addenda have been issued for the RFQ. We are confident that our familiarity with the City of National City enables us to provide you with superior service at the best value. We look forward to working with you on this project. If you have any questions or would like to discuss this proposal in more detail, please feel free to contact me at (858) 586-6600, extension 22. Sincerely, D-MAx Engineering, Inc. Arsalan Dadkhah, Ph.D., P.E. Principal -17- a— - C h"dtC= Contact Information D-MAX is a local environmental consulting firm that provides storm water and wastewater services for municipalities. Our staff of 15 environmental professionals includes civil engineers, environmental scientists, environmental chemists, and biologists who are experienced with the NPDES permit requirements in Southern California. We are a State -certified small business enterprise (SBE). D-MAx is organized as a California corporation. Arsalan Dadkhah, Principal, is the contact person for this project. He can be reached at the address and phone number or via email at arsalanPdmaxinc.com. Company Name Address PhonelFaxlEmail D-MAx Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 858-586-6600 / 858-586-6644 admin(a)dmaxinc.com Subcontractors To better serve the City, D-MAx has also included several subcontractors as part of our team. Dudek Dudek will provide services in the areas of CEQA/NEPA, Hazmat, and wastewater engineering, working out of their Encinitas headquarters. Dudek is a diversified, multi -discipline firm with professionals in biology, habitat restoration, environmental planning, regulatory compliance, urban forestry, hazardous materials remediation, civil engineering, hydrogeology, and construction management. Founded in 1980 as a two -person wastewater engineering firm, Dudek has grown to be one of the largest California -headquartered environmental firms with more than 300 employees working in nine offices throughout the state. Monitoring Support Services EnviroMatrix Analytical, Inc. (EnviroMatrix) and Sierra Analytical Labs, Inc. (Sierra) will provide laboratory analyses where needed. We have successfully worked with both on past monitoring projects, and we have developed excellent relationships and negotiated discounted rates with both labs. We are including two labs on our team since we have found each lab to have some tests where it is cheaper than the other. Having both on the team allows us to provide the most cost-effective service to the City. Both EnviroMatrix and Sierra are State -certified analytical laboratories that have been involved in many storm water, wastewater, and Hazmat projects in San Diego County. ADS Environmental is also on our team to provide flow meter equipment and installation, as they are currently doing for the City's A Avenue grant project. Additional Notes Regarding Subcontractor Selection As a certified SBE, D-MAx recognizes the importance of working with other small or disadvantaged businesses. For this project, we identified CEQA/NEPA and Hazmat services as the main opportunities for subcontractor participation. To create our project team, D-MAx first reviewed the CalTrans list of DBEs to identify a strong team member for the work in CEQA/NEPA regulations and hazardous materials management and compliance. However, we were unable to find a local DBE on the CalTrans list with the range of expertise required for CEQA/NEPA and hazmat services. We also contacted the County Department of Environmental Health and evaluated several additional businesses they identified, but we were not able to identify a suitable DBE through that route either. While Dudek is not a DBE, through our past experience with them, we know them to be flexible and responsive, and we are excited to have them as part of our team. SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 3 -18- Team Organization and Key Personnel Our project team has extensive experience providing environment services to the City of National City. Key personnel proposed for this project are listed below, and an organization chart follows later in this section. Arsalan Dadkhah, Ph.D., P.E., QSD/QSP — Principal -in -Charge Dr. Dadkhah is a civil engineer with over 30 years of engineering experience with an emphasis on hydrology, hydraulics, and water quality. He has been working with the City of National City since 1996. Dr. Dadkhah has been the project manager of storm water programs and studies in San Diego County since the issuance of the 1990 Municipal Permit and has been actively involved with each Permit reissuance process since then. Dr. Dadkhah has managed numerous storm water permitting and monitoring projects and has extensive experience in preparing pollution prevention and monitoring plans for industrial facilities and construction sites to comply with NPDES Permit requirements. He has provided technical review services for Water Quality Technical Reports subject to SUSMP and hydromodification requirements for the cities of National City, Lemon Grove, and Santee. He also has experience in wastewater management, including the preparation of a Sewer System Master Plan for the Central Davis Sewer District. In addition to his work for southern California municipalities, he has managed storm water quality studies for the Southwest Naval Stations in southern California, the cities of Phoenix and Scottsdale, Arizona, and the City of El Paso, Texas. John Quenzer, CPSWQ, QSD/QSP— Project Manager Mr. Quenzer is an environmental chemist with 10 years of experience in storm water management. He has been working with the City of National City since 2004. Mr. Quenzer prepared the City's current Jurisdictional Runoff Management Program, the document storm water program planning and guidance document. He has represented the City in MS4 Permit negotiations, Total Maximum Daily Load scoping negotiations, and storm water program audits with the Regional Board. He has also provided updates the City Council on changes in storm water regulations and their implications for the City. He is responsible for effectiveness assessment, monitoring, and conceptual LID design for the City's grant -funded A Avenue green street project. He represents the City in its role as co -lead in the process to develop the San Diego Bay Watershed Water Quality Improvement Plan. He has reviewed SUSMPs for the City and several San Diego County Copermittees. He has prepared storm water program plans (JRMP) for seven cities in San Diego County, and he has prepared over 30 JRMP Annual Reports for the cities of National City, La Mesa, Santee, and Poway. He has managed water quality monitoring programs for 11 San Diego County jurisdictions. Jamie Richards, MS, CPSWQ — Storm Water Task Leader Ms. Richards has a Master's in Marine Science and seven years of technical experience, including four years working on storm water projects for D-MAx. She has worked on projects for the City of National City since 2011. Ms. Richards coordinates JRMP-related compliance activities for the City, including inspections, follow-up and enforcement assistance, training, public education, data management, and reporting. She has managed the preparation of an annual storm water educational calendar for the past few years, which includes working with the National School District to put on an art SOQ for 0n-Call Project Support Services for National City's Capital Improvement Program Page 4 -19- wa is --_- ir-Ax contest for elementary school students to create art with educational messages about protecting storm water quality. Ms. Richards recently developed a revised SSMP for the City of National City. This included the review and revision of the SSOERP as well as other standard operating procedures for SSO response and reporting according to regulations. She has trained City staff on the new SSOERP procedures and on FOG inspection and enforcement procedures. She has also completed industrial, commercial, municipal, and residential inspections for other San Diego Copermittees, and she has completed dry weather monitoring and upstream source investigations for several cities. She has written JRMP annual reports, Dry Weather Monitoring Reports, and SUSMP technical reviews and prepared a Water Quality Management Plan for the City of Temecula. Tad Nakatani, MS, CPSWQ, QSD/QSP Mr. Nakatani has a Master's in Biology and five years of storm water experience. He has reviewed multiple SUSMP documents for the City and other jurisdictions, and he recently wrote the SWPPP for the City's Public Works demolition and remediation project. Mr. Nakatani has managed databases for storm water compliance inspection programs and supervised field inspections for both industrial/commercial and treatment control BMP programs. He developed data requirements and tested system functionality for the industrial/commercial and treatment control BMP inspection programs as part of the City of San Diego's transition to an inter- departmental SAP database system. He also manages all dry weather monitoring data collected by D-Max. He created SWAMP -compatible geodatabases of historical water and sediment quality data for the Buena Vista Watershed data compilation project and has performed GIS analyses in support of numerous inspection programs, including a geographic - based watershed activity inspection program for the City of San Diego. Manouchehr Dadkhah, Ph.D. Dr. Dadkhah has a doctorate in watershed science and has more than 25 years of experience in hydrology, erosion control and watershed management. He has completed Dry Weather Monitoring Programs and special studies in the City of National City for the past 13 years and is very familiar with the City's drainage system, flow patterns, and likely pollutant sources. He has led field teams for numerous water quality monitoring programs in 11 cities since 2000. He has conducted follow-up and source identification studies and additional special studies, including surface water, MS4, and groundwater monitoring, for a several cities in San Diego County. Brianna Martin Ms. Martin is an environmental scientist with four years of experience in storm water monitoring. She has led field work and reporting for water quality monitoring programs for County of San Diego and the cities of National City, El Cajon, Carlsbad, Chula Vista, La Mesa, Lemon Grove, Poway, San Marcos, and Santee. She has coordinated field crew activities, including sampling, field analytical testing, conducting visual observations, and trash assessments. Ms. Martin took field samples for the City of National City as part of the underground storage tank removal process for the former bus yard adjacent to the Public Works yard. She designed and is currently managing a special study to remove Paradise Creek from the State's list of impaired water bodies. She has also performed field work and reporting for wet weather monitoring at the City of Poway's detention basins and Public Works Material Handling Yard and at the Del Mar Fairgrounds. These projects included sampling, field parameter testing, conducting visual observations and site BMP inspections, and assistance with General Industrial Permit compliance. SOQ for 0n-Call Project Support Services for National City's Capital Improvement Program Page 5 -20- w= is _ _._ riialW-RAX Kimberly Corbilla Ms. Corbilla is an environmental scientist with four years of experience in storm water projects. She has performed thousands of storm water inspections of industrial and commercial businesses, treatment control BMPs, construction sites, and municipal facilities for the City of National City and other San Diego County Copermittees. She has also conducted FOG inspections for the cities of National City, Vista, and Carlsbad. Ms. Corbilla has conducted field water quality sampling and upstream pollutant source investigations for many San Diego Copermittees. Nicole Peacock, PE, PG, REA (Dudek) - Hazmat Task Leader Ms. Peacock has over 13 years' environmental engineering and geology experience and has performed numerous tasks dealing with hazardous waste investigation and remediation projects. Responsibilities include soil, soil vapor, and groundwater investigation and remediation; Phase I and II Environmental Site Assessments (ESAs); litigation support and cost allocation among potentially responsible parties for hazardous waste sites; landfill monitoring; and school site assessments. Carey Fernandes, MA, AICP (Dudek) - CEQA/NEPA Task Leader Carey Fernandes has a Master's in Public Administration and is a senior project manager at Dudek with more than 15 years' professional planning -related experience. She has specialized in the planning, environmental, and development industries. Her diverse background of education and experience includes permit processing with local jurisdictions, coordination with public agency staff, preparation of CEQA/NEPA documents, project management, due diligence, and feasibility analysis. She has worked on a number of planning documents, such as specific plans, comprehensive plans, and general plan updates. In addition, she has served as on -call planning staff for several public agencies. She has also served as project manager and primary author of many environmental review documents throughout San Diego and Imperial counties. Michael Metts, PE (Dudek) Mr. Metts is a civil engineer with over thirty years of experience as a professional engineer, including twenty years working in southern California. He has managed a multitude of engineering projects consisting of systems analysis, computer modeling, planning, and design of water, wastewater, and reclaimed water facilities. Mr. Metts' project experience encompasses the evaluation and expansion of existing facilities as well as the design of new facilities. Mr. Metts served as principal -in -charge for the Salt Creek Gravity Sewer Interceptor project in Chula Vista where he worked with City of Chula Vista staff to develop an alternative to resolve a capacity issue. Dudek's innovation produced a new approach that saved the City of Chula Vista approximately 2 million dollars in construction costs and the project was awarded APWA Project of the Year. Mr. Melts also served as the project manager for the rehabilitation of approximately 38,000 linear feet of sewer pipeline for the City of San Diego which included evaluation, preparation of final plans and specifications, bid assistance, and environmental documentation. Vipul Joshi (Dudek) Mr. Joshi is a senior project manager and ecologist at Dudek with over 13 years' professional experience specializing in natural resources management planning. He has a background in botanical surveying, permit acquisition, and permit compliance. He is experienced with Southern California flora and environmental regulations. Mr. Joshi has specific experience with CEQA processing with a variety of local jurisdictions; state and federal Endangered Species Act permit processing; wetlands permitting, including nationwide and individual permits from the SOQ for 0n-Call Project Support Services for National City's Capital Improvement Program Page 6 -21- — — UNIIMM.0= '• .61 Pit SI A U.S. Army Corps of Engineers; and management of permit compliance. He also has conducted biological surveys, vegetation mapping, wetlands delineation, vernal pool identification, vernal pool watershed mapping, and general biological assessment of functions and values. Bryn Evans, CPSWQ (Dudek) Mr. Evans has over 15 years of experience in project management and technical oversight of environmental monitoring programs, water resource management, storm water monitoring and management, best management practices design and effectiveness assessment, and ecosystem restoration. Mr. Evans has served as project manager and task leader on projects for clients such as CalTrans, the cities of San Diego and Newport Beach, and the Los Angeles Department of Public Works. Projects have included management, coordination and completion of sampling, analysis and reporting of multi -media sampling and monitoring programs, watershed assessments, source identification and evaluation of mitigation/reduction of impacts due to urban runoff, and environmental restoration projects. An organization chart is presented on the following page. It highlights the various components of as -needed assistance and indicates the D-MAx task leads. In addition to the key staff, D-MAX has a large team of trained staff available to assist in sampling, inspections, and other tasks that may be needed. SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 7 -22- Project Organization Chart i'!. ' _IP1L 1< CTIAT0,1; O VOC Arsalan Dadkhah, PhD, PE, QSD CITY OF NATIONAL CITY Stephen Manganiello 1). 1 .; it John Quenzer, CPSWQ, QSD c1 51(^ tt'OTP, Arsalan Dadkhah, PhD, PE, QSD Tad Nakatani, CPSWQ Q5D PIT Tad Nakatani, CPSWQ, QSD Jamie Richards, CPSWQ Carey Fernandes, AMP (Dudek) Vipul Jecahl (Dudek) John Quenzer, CPSWQ, QSD Tad Nakatani, CPSWQ QSD Jamie Richards, CPSWQ Manouchehr Dadkhah, Ph.D. (Monitoring) Tad Nakatani, CPSWQ QSD (Reporting, Permitting) Brianna Martin (Monitoring, Reporting) Kimberly Corbilla. (Inspections) Arsalan Dadkhak, PhD, PE, QSD Jamie Richards, CPSWQ Michael 1vletts,PE (Dudek) Kimberly Cnrbilla Nicole Peacock PE, PG, REA (Dudek) Bryn Evans, CPSWQ (Dudek) Manouchehr Dadkhah, PhD EnviroMatrix Analytical Inc. (Lab) Sierra Analytical Labs, Inc. (Lab) ADS Environmental (Plow Melen) SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 8 4=1.111► - _a_ 'L IIAX Experience and Technical Competence D-MAX is proposing to assist the City of National City in two disciplines listed in the RFQ: 1 Environmental Engineering, Planning, and Design (including CEQA/NEPA, SUSMP and Water Quality Technical Reports (WQTRs), SWPPP, and Stormwater LID measures) ■ Environmental Compliance (Stormwater, Wastewater, FOG and Hazmat — regulatory permitting, compliance monitoring, inspections and reporting) Because many of our contracts include work that is related to both disciplines in the RFQ, the table below summarizes the scope of services for each project. Projects are then discussed in more detail in the following pages. SOQ for 0n-Cafl Project Support Services for National City's Capital Improvement Program Page 9 -24- Summary of Example Projects Agency City of National City Projects Storm Water and Wastewater Management Services: Comprehensive storm water services including SUSMP document view, SWPPP preparation for CIPs, grant assistance for storm water LID projects, JRMP development, JRMP and WURMP annual report preparation, dry weather and MS4 outfall monitoring, special studies, data management, inspections, and representing the City in meetings with the RWQCB. City of Santee City of Poway RFQ Discipline: Egivironriental Engioeering. Planning and Design • SUSMP/WQTR • SWPPP • Storm water LID Storm Water Services: Dry weather and MS4 outfall monitoring, JRMP development, JRMP annual report, and review of WQMP development submittals, including for hydromodification. City of La Mesa Storm Water Services: 1997-2012 Dry Weather Monitoring Programs, JRMP Development, Sampling and Monitoring, SWPPP preparation, SUSMP reviews • SUSMP/WQTR • SWPPP Storm Water Services: Dry weather and MS4 outfall monitoring, SUSMP reviews, JRMP development, JRMP annual report, watershed management -focused strategic plan • SUSMP/WQTR • SWPPP RFQ Discipline: Environmental Compliance • Storm water • Wastewater • FOG • Compliance monitoring • Inspections • Reporting • Permitting • SUSMP/WQTR • Storm water • Compliance monitoring • Inspections • Reporting • Permitting Contact Into Mr. Stephen Manganiello 1243 National City Blvd. National City, CA 91950 (619) 336-4583 • Storm water • Compliance monitoring • Inspections • Reporting • Permitting • Storm water • Compliance monitoring • Inspections • Reporting Mr. John Keane 10601 Magnolia Ave. Santee, CA 92071 (619) 258-4100 ext. 169 Mr. Steven Strapac 13325 Civic Center Dr. Poway, CA 92064 (858) 668-4653 Mr. Joe Kuhn 8130 Allison Ave. La Mesa, CA 91942 (619) 667-1340 Project Dates Contract Value 1996 — present 1996 — present 1997 — present 1996 — present $300,000 (Annual) $36,000 (Annual) $60,000 (Annual) $30,000 (Annual) SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 10 aS 5 -••w w __i_ IMIN MOM WNW NM OM- w UM A MY ems®- San Agency City of San Diego Projects Storm Water Compliance Inspection Program: Industrial/commercial inspections, WURMP special study, and treatment control BMP inspections, including prioritized inventories, database development, site inspections, and reporting and responses to RWQCB. RFQ Discipline: En irony al En meer 'p Plan^ino and i)esig1 • SUSMP/WQTR RFQ Discie'are: En i it `. ,; Compik'nz, • Storm water • Inspections • Reporting Contact Info Mr. Andre Sonksen 9370 Chesapeake Dr. Ste 100 MS 1900 San Diego, CA 92123 (619) 541-4317 Project Dates 2004 — present Contract Value $1,168,880 (Annual) San Diego Ms. Leslie Nishihira Unified Port Chula Vista Bayfront Master Plan EIR: EIR Port of San Diego District (Dudek) preparation, comment response, mitigation monitoring and reporting program. • CEQAINEPA N/A 3165 Pacific Highway San Diego, CA 92101 2007-2011 $1,090,000 (619) 686-7269 Helix Water As -Needed Hazardous Materials Services: Ongoing • HAZMAT Ms. Susen Doubrava hazardous materials management, emergency • Compliance 7811 University Ave. $4,000 District (Dudek) response and hotline maintenance, soil sampling, remediation. N/A monitoring • Reporting La Mesa, CA 91942 (619) 466-0585 2013 - present (To Date) City of Chula Vista Salt Creek Interceptor Protect: 1800 Maxwell Rd. City of Chula Vista (Dudek) Planing and designfor constructing a 15-mile, 42-inch diameter wastewater pipeline with a preferred alignment throuIh a nature 'reserve • CEQAMEPA • Wastewater Chula Vista, CA 91911 (619) 397-6111 2000-2004 $1,100,000 SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 11 SCHEDULE OF FEES January 1, 2014 LABOR Classification Hourly Rate Clerk* $ 50 Word Processor* 60 Drafter* 70 Technician* 70 Senior Technician* 80 Staff Scientist/Engineer I 88 Staff Scientist/Engineer 11 95 Assistant Project Scientist/Engineer 110 Project Scientist/Engineer 120 Senior Scientist/Engineer 130 Principal Scientist/Engineer 155 * Overtime (in excess of 8 hours per day) and weekend hours will be charged at 1.5 times the above rates for non- exempt personnel. Field and hourly services will be charged portal to portal from our office, with a two-hour minimum. Appearance as expert witnesses at court trials, mediation, arbitration hearings and depositions will be charged at $200/hour. Time spent preparing for such appearances will be charged at the above standard hourly rates. SF-1 — — s Imams UMMIIRa N --- -—twv —Ammwdlb— MIMI% OTHER CHARGES Subconsultant services will be charged at cost. Other project -specific costs, such as rentals, outside testing, expendable or special supplies, special project insurance, permits and licenses, shipping, subsistence, tolls and parking, outside copying/printing, etc., will be charged at cost plus 15%. Mileage will be charged at the current IRS rate. Client will be responsible for any applicable taxes in addition to the fees due for Services. -27- DUDEK 2014 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES Project Director $250.00/hr Principal Engineer 111 $220.00/hr Principal Engineer II $210.00/hr Principal Engineer I $200.00/hr Program Manager $200.00/hr Senior Project Manager $190.00/hr Project Manager $185.00/hr Senior Engineer III $180.00/hr Senior Engineer II $170.00/hr Senior Engineer I $160.00/hr Project Engineer IV/Technician IV $150.00/hr Project Engineer III/Technician III $135.00/hr Project Engineer II/Technician II $120.00/hr Project Engineer I/Technician I $105.00/hr Project Coordinator $85.00/hr Engineering Assistant $75.00/hr ENVIRONMENTAL SERVICES Principal $225.00/hr Senior Project Manager/Specialist II $210.00/hr Senior Project Manager/Specialist I $200.00/hr Environmental Specialist/Planner VI $180.00/hr Environmental Specialist/Planner V $160.00/hr Environmental Specialist/Planner IV $150.00/hr Environmental Specialist/Planner III.. $140.00/hr Environmental Specialist/Planner II $130.00/hr Environmental Specialist/Planner I $120.00/hr Analyst $100.00/hr Planning Research Assistant $80.00/hr COASTAL PLANNING/POLICY SERVICES Senior Project Manager/Coastal Planner II $210.00/hr Senior Project Manager/Coastal Planner I.... $200.00/hr Environmental Specialist/Coastal Planner VI $190.00lhr Environmental Specialist/Coastal Planner V $170.00/hr Environmental Specialist/Coastal Planner IV $160.00/hr Environmental Specialist/Coastal Planner III $150.001hr Environmental Specialist/Coastal Planner II $140.00/hr Environmental Specialist/Coastal Planner I $130.00/hr ARCHAEOLOGICAL SERVICES Senior Project Manager/Archaeologist II $210.00/hr Senior Project Manager/Archaeologist I $200.00/hr Environmental Specialist/Archaeologist VI $180.00/hr Environmental Specialist/Archaeologist V $160.00/hr Environmental Specialist/Archaeologist IV $150.00/hr Environmental Specialist/Archaeologist III $140.00/hr Environmental Specialist/Archaeologist II $130.00/hr Environmental Specialist/Archaeologist I $120.00/hr Archaeologist Technician it $70.00/hr Archaeologist Technician I $50.00/hr CONSTRUCTION MANAGEMENT SERVICES Principal/Manager $195.00/hr Senior Construction Manager $180.00/hr Senior Project Manager $160.00/hr Construction Manager $150.00/hr Project Manager $140.00/hr Resident Engineer $140.00/hr Construction Engineer $135.00/hr On -site Owner's Representative $130.00/hr Construction Inspector III $125.00/hr Construction Inspector II $115.00/hr Construction Inspector I $105.00/hr Prevailing Wage Inspector $135.00/hr DUDEK COMPLIANCE SERVICES Compliance Director $200.00/hr Compliance Manager $140.00/hr Compliance Project Coordinator $100.00/hr Compliance Monitor $90.00/hr HYDROGEOLOGICAL SERVICES Principal $235.00/hr Sr. Hydrogeologist III/Engineer III $200.00/hr Sr. Hydrogeologist II/Engineer II $180.00/hr Sr. Hydrogeologist I/Engineer I $165.00/hr Hydrogeologist V/Engineer V $150.00/hr Hydrogeologist IV/Engineer IV $130.00/hr Hydrogeologist III/Engineer III $120.00/hr Hydrogeologist II/Engineer II $110.00/hr Hydrogeologist I/Engineer I $100.00/hr Technician $100.00/h r DISTRICT MANAGEMENT & OPERATIONS District General Manager $175.00/hr District Engineer $160.00/hr Operations Manager $150.00/hr District Secretary/Accountant $85.001hr Collections System Manager $95.00/hr Grade V Operator $100.00/hr Grade IV Operator $85.00/hr Grade III Operator $80.00/hr Grade II Operator $63.00/hr Grade I Operator $55.00/hr Operator in Training $40.00/hr Collection Maintenance Worker II $55.00/hr Collection Maintenance Worker I $40.00/hr OFFICE SERVICES Technical/Drafting/CADD Services 3D Graphic Artist . $150.00/hr Senior Designer $135.00/hr Designer $125.00/hr Assistant Designer $120.00/hr GIS Specialist IV $150.00/hr GIS Specialist III $140.00/hr GIS Specialist II $130.00/hr GIS Specialist I $120.00/hr CADD Operator III $115.00/hr CADD Operator II $110.00/hr CADD Operator I $95.00/hr CADD Drafter $85.00/hr CADD Technician $75.00/hr SUPPORT SERVICES Technical Editor III $140.00/hr Technical Editor II $125.00/hr Technical Editor I $110.001hr Publications Assistant III $100.00/hr Publications Assistant II $90.00/hr Publications Assistant I $80.00/hr Clerical Administration II $80.00/hr Clerical Administration I $75.00/hr Forensic Engineering - Court appearances. depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing end computer services, etc., are charged at 1.15 limes the direct cost. Travel Expenses - Mileage at current IRS allowable rates. Per diem where ovemight stay . Is Involved Is charged al cost Involces,Late Charges. - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within thirty (30) days from the date of the invoice. Client agrees to pay a monthly late charge equal to one percent (1%) per month of the outstanding balance until paid In full. Annual Increases - Unless identified otherwise, these standard rates will increase 3% annually. Effective January 1, 2014 -28- FIRM OVERVIEW/CONTACT INFORMATJON Dudek is an employee -owned, privately held firm, established in San Diego County in 1980. Our services are tailored to local public agencies that plan, design, construct, and manage public infrastructure, such as the City of National City (City). Dudek is a diversified, multi -discipline firm with professionals in biology, habitat restoration, environmental planning, regulatory compliance, urban forestry, hazardous materials remediation, civil engineering, hydrogeology, and construction management. DUDEK AT A GLANCE • Engineering News Record Top 200 U.S. Environmental Firms (2008-2013) • San Diego Business Journal #1 San Diego Environmental Consulting Firm (2007-2012) • Currently provide as -needed services to over 60 California public agencies Founded as a two -person wastewater engineering firm, Dudek has grown to be one of the largest California -headquartered environmental firms with more than 300 employees working in nine offices throughout the state. Dudek is an employee -owned company with 33 consecutive years of profitability and no debt. The firm is headquartered in Encinitas, Califomia with over 200 employees working in San Diego County. Frank Dudek, the firm's founder, serves as president. Firm's Complete Legal Name and Address Legal Form of Company Address of Office from Which Work Will be Performed TABLE 1: FIRM INFORMATION Dudek 605 Third Street Encinitas, California 92024 California Corporation 605 Third Street Encinitas, California 92024 DUDEK'S CONSTRUCTION MANAGEMENT DIVISION Dudek's construction management professionals specialize in public infrastructure and building projects, and private -owner development projects. We employ project managers, inspectors (including special inspectors), resident engineers, administrative personnel, and specialty staff who blend technical knowledge with a commitment to meeting client needs. Mr. George Litzinger, P.E., started the construction management division in 1985. Since then, our team has managed complex projects involving multiple stakeholders such as regulatory agencies, contractors, consulting firms, and municipal agencies. AREA FAMILIARITY AND EXPERIENCE Dudek has extensive experience providing construction management and inspection services in San Diego County, most recently providing as -needed services to the cities of San Diego, Poway, and San Marcos. Consequently, Dudek has an excellent rapport with County and neighboring City's departments and utility companies that service the area, which will be an asset on the City's upcoming projects. Through our work in the area, -29- FIRM BACKGROUND AND EXPERIENCE Dudek has worked with many of the local contractors that will be bidding on the construction of the City's various projects. The expertise of our construction management team and knowledge of the construction process and procedures gives our team a thorough knowledge of the construction climate in the area and the ability to successfully serve the City. Serving as our client's advocate during construction projects, we combine detailed construction and engineering technical knowledge with a commitment to achieve a finished project that meets client's expectations. CONSTRUCTION MANAGEMENT • Project management • Construction coordination • Constructability reviews • Specification preparation and bidding services • Inspection/special inspections • Construction quality assurance/quality control • Document control AND INSPECTION SERVICES • Scheduling • Contract administration • Claims avoidance and negotiation • Cost estimating • Forensic evaluation • Expert witness services • Public outreach • Federal funding reimbursement DUDEK'S ENVIRONMENTAL DIVISION We provide environmental planning, permitting, associated technical studies and long-term environmental mitigation —often in partnership with large transportation engineering and construction firms —on a variety of projects, including highways, rail lines, ports and airports. Our environmental documents address specialized approaches to avoid or minimize impacts to sensitive habitat and special -status wildlife resources that are often impacted by linear transportation projects. Through our established relationships with municipal, state and federal clients and resource agencies, we understand California's complex permitting expectations and hurdles, and are skilled at developing tailored approaches to difficult projects. Our engineering and construction management staff support our environmental team during the permitting process and provide site engineering and construction services on an as -needed, extension -of -staff basis to municipalities. ENVIORMENTAL SERVICES • Environmental Engineering Planning and Design • CEQA/NEPA • SUSMP • Water Quality Reports • Stormwater LID • SWPPP assurance/quality control • Biological Studies • Pemitting- Coastal, Endangered Species, Wetlands • Regulatory Compliance • Wastewater -30- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH D-MAX ENGINEERING, INC. FOR A NOT -TO -EXCEED AMOUNT OF $1,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING AND CONTRACT MANAGEMENT, CONSTRUCTION MANAGEMENT AND INSPECTIONS, ENVIRONMENTAL PLANNING, COMPLIANCE AND ASSESSMENTS, PLAN REVIEWS, CONSTRUCTABILITY REVIEWS, AND COMMUNITY OUTREACH WHEREAS, the Engineering Department issued Requests for Proposals to professional firms to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach; and WHEREAS, 64 responses to the Requests for Proposals were received and reviewed, taking into consideration, among other things, past performance history, knowledge of the environment, the type of services offered, and the cost to the City; and WHEREAS, staff recommends D-Max Engineering, Inc., to provide on -call project support services for National City's Capital Improvement Program; and WHEREAS, the City has determined that D-Max Engineering, Inc., is qualified by experience and ability to perform the services desired by the City, and D-Max Engineering, Inc., is willing to perform such services for the not to exceed amount of $1,000,000 from April 15, 2014 through April 14, 2016. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of D-Max Engineering, Inc., and authorizes the Mayor to execute an agreement with D-Max Engineering, Inc., in the not to exceed amount of $1,000,000 to provide on -call project support services for National City's Capital Improvement Program, including but not limited to project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of April, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO. 18 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Innovative Construction Consulting Services (ICCS) for a not -to -exceed amount of $1,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, and community outreach PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funded through various CIPs, on an as -needed basis ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution Explanation: The City's current 5-Year CIP is projected to deliver over $60 million in major public improvements. Approximately $25 million, or 40% of the CIP budget, is funded through active Federal, State and Regional "competitive" grants. Projects include corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of LID measures for treatment of urban runoff; ADA enhancements; park amenities; mechanical, electrical and HVAC upgrades to City -owned buildings; and affordable housing projects including infill transit -oriented development. In order to design, manage and deliver these projects on schedule and within budget, the Department of Engineering & Public Works advertised a Request for Qualifications (RFQ) for various engineering and construction support services on January 27, 2014. Additional services requested via the RFQ include plan and map reviews, preparation of plat & legal descriptions, sewer system management and financial administration, and environmental compliance involving stormwater, wastewater, FOG and HAZMAT. The RFQ was advertised on the City's Website, published in the Daily Transcript, and e- mailed to over 150 professional consultant firms. The Department received approximately 70 Statement of Qualifications (SOQs) from various firms, including Disadvantaged, Small and/or Minority Business Enterprises, by the February 24, 2014 deadline. Staff from the Department of Engineering & Public Works selected five firms based on qualifications for interviews. Based on the strength of their SOQ and interview, staff recommends executing an agreement with Innovative Construction Consulting Services (ICCS), for a not -to -exceed amount of $1,000,000, to provide on -call project support services for National City's CIP projects, including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, and community outreach. ICCS is certified as both a Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE). See Exhibit "A" for company bio and fee schedule. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND INNOVATIVE CONSTRUCTION CONSULTING SERVICES THIS AGREEMENT is entered into this 15th day of April, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Innovative Construction Consulting Services, a sole proprietorship (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, the CITY has determined that the CONSULTANT is a general engineering and construction management firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPR OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, and community outreach. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith 1 City's Standard Agreement-2011 revision -1- and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Sean E. Gill, Owner, thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $1,000,000 (the Base amount) without prior written authorization from the 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 "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on April 15, 2014. The duration of this Agreement is for the period of April 15, 2014 through April 14, 2016. With mutual agreement of the parties, this Agreement may be extended for an additional period of up to one year, through April 14, 2017. 2 City's Standard Agreement —2011 revision -2- 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall 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 CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 3 city s Standard Agreement -2011 revision -3- 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. JJCENSES. PERMITS. ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OFCARF. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY' S later inability to obtain the specified items or any 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. 4 City's Standard 2011 revision -4- 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 5 City's Standard Agreement —2011 revision -5- 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. jr1SURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, 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. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 6 City's Standard Agreement —20] 1 revision G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VBI according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY' S Risk Manager. If the CONSULTANT does not keep all 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. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. J.EGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. 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. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the 7 City's Standard Agreement —2011 revision CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfmished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 8 City's Standard Agreement —2011 revision -8- To CONSULTANT: Sean E. Gill Owner Innovative Construction Consulting Services P.O. Box 6211 Norco, CA 92860 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 9 City's Standard Agreement-2011 revision 24. 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. 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. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. 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. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.. L. 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. 10 -10- City's Standard Agreement —2011 revision EXHIBIT "A" Part 1— Required Documentation Cover Letter February 24, 2014 Stephen Manganiello Director of Public Works/City Engineer City of National City Department of Engineering & Public Works 1243 National City Boulevard National City, CA 91950 Subject: On -Call Project Support Service for National City's Capital Improvement Program (CIP) Dear Mr. Manganiello, Innovative Construction Consulting Services (ICCS) understands the complexity and challenges of Public Works construction projects. The high visibility of capital improvement projects, along with potential political, budgetary, scheduling and public outreach challenges can cause a much -needed project to be delayed, costing public agencies and tax payers thousands of dollars. As a result, ICCS provides municipal agencies with construction managers and inspectors who thoroughly understand the entire capital improvement process from design, budget and financing, preparation of bid specifications, construction practices, scheduling, final inspections and closeout. ICCS has a team of individuals who pride themselves in providing a high level of service on Public Works projects. In addition, ICCS has a pending audit review for DBE and SBE State Certification. A young and innovative company founded in 2009, ICCS brings leadership, enthusiasm and knowledge, including my past 30 years of experience in the industry, to your organization. ICCS brings the following qualifications that set us apart from other firms: • Use of State -of -the -Art Technology and a Focus on Training. We pride ourselves in utilizing the latest technology to assist in the successful completion of Public Works projects. We constantly monitor and explore industry technology and needs, seek ways to expand our level of customer service and support, and seek creative individuals to strengthen our existing team. All of these elements combine to assure you that your projects will be done accurately, efficiently, and in keeping with all industry standards. 0n-Call Project Support Services for National City's Capital Improvement Program (CIP) 1-2 -12- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney 11 INNOVATIVE CONSTRUCTION CONSULTING SERVICES E. Gill, Owner City's Standard Agreement-2011 revision -11- Part 1— Required Documentation • Valuable Contractor and Public Agency Perspectives. ICCS provides a dual perspective with experience from both contractor and agency, which allows us to foresee and resolve dispute situations before they occur. In addition to our experience, our team has worked for and with municipal Public Works Departments, City Manager's Office, Finance Department, and private construction management. ICCS has experience throughout Southern California, including San Diego. I have had the privilege to work personally with the City of National City over the past two years, providing construction management and inspection on the Citywide Safe Routes to School, Phase I11 - Pedestrian Crossing Project and the Citywide Pedestrian Crossings FY 12-13 Project. During this time, I gained knowledge of the inner workings, expectations and needs of the city, its residents and businesses. Because of my understanding of the project types, city structure, staff, and relationships previously formed, ICCS has a unique ability to assist National City on future projects with little or no downtime for transition, as well as to provide a quicker response to challenges that may arise. This integration would ease the burden of National City's staff everyday duties knowing that projects are being managed with the highest level of care and commitment. I am also well aware of National City's policies and procedures, including the high standards set for quality control and quality assurance. Experience gained working with National City has helped me identify needs and opportunities that would allow ICCS to come together with National City and work successfully with one another. National City will receive my direct attention and oversight to all of your needs. I enjoy working with the staff at National City and I know our skills and experience complement the projects and tasks planned in the City's current 5-Year CIP program. I look forward to continued success and representing National City with the most efficient and effective services available. ICCS is committed to opening an office within the San Diego Region in the next year to further expand customer support and commitment. If you have any questions, please feel free to contact me at 951-532-6483 or send me an email at sgillPiccsinc.net. Sincerely, Sean Gill On -Call Project Support Services for National City's Capital Improvement Program (CIP) 1-3 -13- Part 1— Required Documentation Contact Information The key element to success is to know who to contact in case of an emergency or for any other needs that arise. Sean E Gill is the sole owner of ICCS and should be contacted directly 24 hours a day, 7 days a week if anything is needed. I also have staff located minutes away from National City who will respond, with boots on the ground, if an immediate response is needed. I am dedicated to serving the needs of National City at all times. Legal Name Company Legal Name: ICCS (Innovative Construction Consulting Services) Company Legal Status (corporation, partnership, sole proprietor etc.): Sole Proprietor Business Address: PO Box 6211, Norco, CA 92860 Telephone Number: (951) 532-6483 Email Address:sgill@iccsinc.net Contact person in reference to this SOQ: Sean E Gill Telephone Number: (951) 532-6483 Home Number: (951) 278-3717 Email Address: sgill@iccsinc.net In the event of an emergency: Name of contact during non -business hours: Telephone Number: (951) 532-6483 Email Address: sgill@iccsinc.net As a Construction Management firm our office will be on site for any project serviced. As with should be utilized for all project meetings. As opening an office in the San Diegb region in support and commitment. Sean E Gill - Owner Home Number: (951) 278-3717 is mobile and our team member/representative past National City projects, the City Hall building stated in our cover letter, ICCS is committed to the next year to further expand our customer On -Call Project Support Services for National City's Capital Improvement Program (CIP) 1-6 -14- Part 2 — Team Organization and Key Personnel Staffing / Roles and Responsibilities Plan ICCS has a small multi -disciplinary team of highly qualified professionals that are dedicated to meeting the needs of National City. As the Owner of the company, Sean Gill will be on site regularly or as needed depending on task order requirements and qualifications needed on site. The following is a list of key individuals proposed to National City: Name Roles and Responsibilities Licenses/Certifications Years of Experience Sean Gill (Owner) • Construction Manager • As -Needed Construction Inspector • SWPPP Inspector • CPM Schedule & Review • Constructability Review • Submittal Review • Cost Feasibility Studies/Review • Bid Proposal Review • Purchasing & Contract Scopes "A" General Engineering License & C27—State of California #671810 30+ Roger Oreb • Construction inspector • SWPPP inspector • Field Interviews Registered Construction Inspector 16+ Briana Noonan • Asst. Project Manager • Construction Inspector • Community Outreach • Program Management CIP Administration • Field Interviews • Certified Payroll Review Civil Engineer 7+ Jessica Chin • Assisting w/Sewer System Financial Management • Water Quality/NPDES Compliance & Regulatory Development • Certified Payroll Review • Community Outreach Master's in Public Administration Project Management Certification 10+ Resumes Resumes of our ICCS team are included on the following pages. On -Call Project Support Services for National City's Capital Improvement Program (CIP) 2-1 -15- Part 2 — Team Organization and Key Personnel Sean Gill Construction Management/Inspection Services Professional Summary Sean has more than 30 years of construction management, engineering, and project management experience for a broad range of civil engineering projects involving roads, sewer, water, storm drain, dry utilities, bridge widening, grade separation, water reservoir, sewer lift station, sewer lining, manhole reconstruction, sidewalk, ADA and miscellaneous infrastructure improvements. Sean's experience comes from both the contractor's view point and the owner/owner's rep as he has worked for both. Sean is a high energy, result and goal oriented, highly motivated individual with a proven track record of completing projects on time, under budget with a proactive approach to resolving project matters. He has extensive Primavera scheduling experience with knowledge in cost and resource loading. He is highly experienced in providing claims and conflict resolution, problem solving and decision making as a result and blend of his common sense, creativity, and big -picture views and ideas. When representing Public Agencies, Sean knows what contractors are look for when constructing projects, can provide extensive constructability reviews and provides extensive claims avoidance skills and techniques. (■ 30+ Years of Construction Management, Engineering, and Project Management Experience ■ Project Manager / Construction Manager on 100's of Public Works Projects of all types throughout Southern California. including the San Diego area Relevant Experience Construction Manager/Contract Inspector, City of National City, CA Provide third party consultant services for Construction Management and Inspection related services for multiple Safe Route to School projects consisting of asphalt paving, curb & gutter, sidewalk, ADA, traffic signage and striping, and other various public improvements. Provide all aspects of CM and Inspection from project pre - construction through close-out. Work closely with City Engineer and communicate with other city staff during construction. Complete all necessary administrative paperwork to satisfy federal funding reimbursement requirements after close-out. Provide community outreach and coordination, submittal review, contract conflict/resolution, evaluation and issuance of all change orders, dispute/claims resolution and resolve and coordinate any design conflict as needed. Program Manager/Construction Manager, County of Los Angeles, CA Provide third party Program Management and Construction Management services for LA County DPW on all Marina del Rey projects. Projects range from waterline improvements, to various street improvements. Services include pre -design input and plan review, constructability reviews, plan take -offs and cost estimates, assisting with necessary paperwork during pre -construction, construction and close-out phases, including creating and monitoring a master schedule of all projects within Marina del Rey. Evaluate cost changes during construction and provide oversight/assistance and recommendations to Inspection staff during construction activities as needed. Construction Contracts Administrator, City of Riverside, CA As Construction Contracts Administrator, Sean managed more than $300 million in CIP construction projects as well as reviewing and issuing more than 15,000 construction permits. Helped implement CDBG and rubberized asphalt grant funded programs. Managed, directed, planned, supervised and reviewed all aspects of public works inspection, both private and public. Reviewed private plans, issued permits, developed bond requirements/values, capital improvement budgets, preliminary project schedules, project scope, reviewed technical data, contractor schedules, plans and specifications and provided field technical data to inspection staff. On -Call Project Support Services for National City's Capital Improvement Program (CIP) 2-2 -16- Part 2 — Team Organization and Key Personnel Sean Gill - Relevant Experience (cont'd) Construction Manager/Estimator, Southern California For more than 22 years, Sean worked with various contractors throughout Southern California providing Construction Management and Estimating duties on Public Works projects of all types and sizes including mass grading, underground improvements, wet and dry utilities, surface improvements, landscape and irrigation, construction of a Hydro Pneumatic Pump Station, Sewer Lift Stations, reservoir tanks, masonry improvements, and several multi -million dollar capital improvement projects. Partial Project List Montclair Transportation Center $4.5M Placentia's Sports Park Complex, $8.7M City of Cypress, Lincoln Ave. Beaut. $2.5M Disneyland Parking Improvements Hawthorne Blvd. Beautification Imp. $2M Long Beach Shoreline Drive $4M Long Beach Queensway Bay $19M City of Los Angeles Wilshire Miracle Mile Improvements $6.5M La Brea Tar Pits\Historical May Co. $1.8M Diamond Bar Sports Park Complex $6M Pomona Sports Park $1.2M Corona Metrolink Centers at La Sierra and Surface Club Hyundai Motor America proving ground $23M Citywide Pedestrian Crossing FY 12-13, National City Citywide Safe Routes to School Ph. III, National City City of Riverside CIP - 2008 - $130M City of Riverside Citywide Annual Sidewalk Rehabilitation Project (2007 — 2009) Education & Certification • Cal Poly Pomona, Mathematics Major • Cal Poly Pomona, Construction Management Certification • Cal Poly Pomona, Advanced Construction Management Certification (In Progress) • Cal Poly Pomona, Construction Business Management Certification • Primavera Trained and Certified with 20 years' experience • CMAA — pending • Admiralty Way St. Imp., LACDPW • City of Riverside Citywide Annual Pavement Rehabilitation Project (2007 — 2009) • Monroe Street Improvement Project • Misc. St. Rehab. at Various locations 07-08 • Greenpoint Ave. Sidewalk Project • Evergreen Cemetery Curb & Gutter, Sidewalk, Street Rehabilitation • City of Riverside Safe Pathways to School Project • Jurupa Grade Separation, Riverside • La Sierra Bridge Overpass/91 Freeway • Central Ave. Street Improvements, Phase II • Riverside Downtown Mall Renovation Improvements • City of Riverside Citywide Annual Sidewalk Rehabilitation Project (07 — 09) • Riverside Citywide Annual Wheelchair Ramp Replacement Project (07-09) • MdR Infrastructure Program, LACDPW • Admiralty Way Settlement Repair Project, LACDP • "A" General Engineering and C-27 License — State of California CSLB • AQMD Rule 403 Dust Control Program Certificate • CPESC/BMP Trained • Confined Space Entry/SCBATrained • Supervisor Workplace Safety Trained • HASWOPER 40 Hour and 8 Hour Supervisor Trained On -Call Project Support Services for National City's Capital Improvement Program (CIP) 2-3 -17- Part 2 — Team Organization and Key Personnel Roger Oreb Construction Inspection Professional Summary Roger Oreb brings more than 16 years of experience in public works inspection methods, construction equipment and techniques, soil and material properties, safety and traffic control procedures and Ca!trans standard specifications. He is responsible for performing inspections, and interpreting and enforcing complex engineering plans, specifications, and estimates. He regularly enforces contract provisions, orders and analyzes material tests, recommends progress payments, prepares diaries and progress reports, and coordinates the work of contract inspectors and special inspectors. His experience includes inspection of components such as earthwork operations which includes grading, trench and structural excavations, backfill and all appurtenant shoring and bracing for trenching operations, construction and rehabilitation of street improvements, pavements, storm drainage systems, pump stations, landscaping, parking lots, traffic signals and underground utilities. Roger also performs verification and inspection of the contractor's implementation of the Storm Water Pollution Prevention Program (SWPPP). Relevant Experience On -call Capital Improvement Project Inspection, City of San Clemente, CA Inspector for the construction of various capital improvement program projects throughout the City of San Clemente. Inspector of record for $20M+ in Capital Improvement Projects during the span of 2005-2012 fiscal years. Conducted inspections of curb and gutter, sidewalks, ADA-compliant ramps, driveway approaches, CBGB, CIP, and street work including: ARHM, lime treated sub -grade, striping, traffic loops, SWPPP and traffic control. Additional work included inspection of traffic signal work, street light work for concrete foundations and wiring, and inspection of dry utilities installations. Roger worked closely with City Engineers and the Design Department for seven years providing field inspection and assistance on several projects and produced daily reports, conducted wage interviews, maintained a file for material delivery tickets and verified pay quantities. On -call Capital Improvement Project Inspection, City of Irvine, CA CIP Public Works Inspector as a consultant to the City of Irvine and was responsible for construction of various Capital Improvements Projects; including storm drain/sewer diversion projects, ADA compliance projects, street light/signal upgrades, asphalt roadway, slurry, striping and sidewalk improvements projects. Produce daily reports, maintained project files and verified pay quantities. Education and License/Certification • Associate of Arts in Water Technology • Associate of Arts in Waste Water Treatment and disposal • Associate of Arts in Business • Associate of Arts in General and Liberal Studies • Division of the State Architect, Assistant Project Inspector 16+ Years of Public Works Construction inspection e American Construction Inspectors Association -Registered Construction Inspector in Engineering and Public Works On -Call Project Support Services for National City's Capital Improvement Program (CIP) 2-4 • San Diego Safety Council, Traffic Control & Flagger Safety • American Construction Inspectors Association, Registered Construction Inspector in Engineering and Publics Works • American Concrete Institute, Concrete Field Testing Technician Grade 1 • Nuclear Density Gauge, Soils and Asphalt • Class III Water Distribution Certification through the California Health Department -18- Part 2 — Team Organization and Key Personnel Briana Noonan Community Outreach/Construction Inspection 2 Bachelor of Science in Civil Engineering • Excellent Communication skills ■ Registered Engineer in Training Professional Summary Briana Noonan, graduate from the University of New Hampshire in Civil Engineering also served in the New Hampshire Air National Guard for 8 years where she developed her communication and engineering skills. During the past 10 years, Briana expanded her construction knowledge and experience in the private sector through various positions in the Business Development and Engineering and Inspection fields and volunteers her free time to Engineers Without Borders. Briana has excellent organizational skills, excels in Community Outreach and can provide Project Management and Construction Inspection support. Relevant Experience Field Inspector/Contract Administrator, Bureau Veritas, San Diego, CA For the past three years Briana has gained extensive field experience on a variety of projects throughout Southern California by providing Field Inspection on the following projects: Ivanpah Solar Electric Generating Facility located in the Mojave Desert, the City Wide Safe Routes to School Project for National City and the Sunrise Powerlink with SDG&E. Ivanpah included nightly inspections of all of the construction throughout the jobsite, including work performed by the electricians, pipe fitters, ironworkers, insulation, boilermakers and general maintenance and coordinating with the foreman of each discipline. National City and SDG&E required observing and monitoring daily grading activities, removal of existing infrastructure, placement of concrete curb & gutter, asphalt, sidewalk, miscellaneous electrical work and signage and striping. Maintained field quantities and reported any issues to the Construction Manager. She facilitated meetings with the client, contractor, school administration and local residents as needed. Her exposure to such diverse projects has excelled her experience level in a very short time. Business Development Associate, MacDonald -Bedford, San Diego, CA Responsible for Business Development and Marketing in the western region. Successfully submitted several proposals to various Federal Agencies including Naval Facilities Engineering Command and the United States Army Corps of Engineers. Attended conferences and networking events to develop relationships with potential partners and clients while maintaining relationships with existing partners and clients. Responsible for targeting potential leads, pursuits and proposals. Project/Field Engineer, Various Locations Provided civil engineering technical support on various Capital Improvement projects to verify scope, and prepare RFP's at various military installations. Participated in site visits to military installations to meet with the end user and gather the necessary information required to complete RFP's. Reviewed civil engineering plans for accuracy, coordinated with the design engineer requests for information, coordinated with the military base utility office to locate underground utilities and provide oversight of surveyors, demolition contractor, underground contractors for sewer, water, storm, gas, electric utilities and monitored grading inspections. Surveyed building pads and gravity fed utility trenches, designed drainage and grading plans, concrete structures for foundations and slabs in coordination with utilities and civil infrastructure. Gathered data for topography, property lines, foundation setting, and existing conditions. Performed geotechnical studies and analyzed soils layers. Education & Registration • Bachelor of Science in Civil Engineering; University of New Hampshire • Registered Engineer in Training • Secret Security Clearance On -Call Project Support Services for National City's Capital Improvement Program (CIP) 2-5 -19- Part 2 — Team Organization and Key Personnel Jessica Chin Project Finance, Environmental Regulatory Agency -Water Quality Development and Compliance Standards Certification Professional Summary Federal Emergency Management Jessica Chin has 10 years of project financing, budgeting, community Agency — Floodplain outreach, and environmental regulation development and compliance. She has worked in the City Manager's Office, Finance Department and Public Works Department, with responsibilities of municipal performance metrics, program outreach, community liaison, and preparation and implementation of the municipal operating and capital budgets. In addition, led NPDES MS4 permit negotiations for the largest municipality in the permit area, developed and implemented TMDL compliance requirements for multiple TMDL impairments, negotiated the statewide construction permit and oversaw implementation and compliance of the $5.5m NPDES MS4 program, including staff training, facility and project compliance and reporting. / ■ Master's in Public Administration • Team Leader US Environmental Protection Relevant Experience Environmental Compliance (Storm water, Wastewater, FOG, regulatory permitting, compliance monitoring, inspections and reporting) — City of Riverside, CA As the primary contact for the City of Riverside's $5.5M storm water pollution prevention program she led the City's involvement with multiple Total Maximum Daily Load (TMDL) requirements, pathogen and nutrient impairments in various watersheds, including negotiation of compliance requirements and assurance that all compliance monitoring, inspections, and reporting requirements were met. As the City's lead negotiator for the current Municipal Separate Storm and Sewer System (MS4) permit, she represented the largest municipality in the permit area, excluding the unincorporated county, and advocated municipal needs and challenges that were not priorities to other types of agencies. She was strongly involved with the California Storm water Quality Association's (CASOA) analysis and negotiation for the statewide Construction Permit, led task groups and provided an analysis of compliance feasibility and preparing CASQA comments. Finance Management - City of Rockville, MD and City of Riverside, CA Jessica prepared the detailed budgets for both a $64M citywide operating and $275M capital budget. Having received specialized training in capital project financing and budgeting, became a budget reviewer for the Government Finance Officers' Association. After initiating a program audit, she identified opportunities and implemented the changes to realize a 60% ongoing increase in enterprise revenue. Diligent about contract compliance, she ensured that annual allocation of contract tasks met both regulatory compliance and contractually agreed cost limits, reducing member agency cost expenditures over 40%. She administered the annual citywide cost allocation and user fees program and implemented the first increase in sewer rates and fees in nearly twenty years. Implementation of new sewer rates and fees required cross -department coordination to adjust sewer billing rates for nearly 100,000 customers. Project Management - City of Rockville, MD and City of Riverside, CA Current with innovation and advancement in new technology, Jessica was responsible for evaluating and implementing new software programs, such as work and asset management software ($3.5M value) and permit management software ($100,000 value) and coordinating with the various departments for pre -implementation and upgrade testing, user issue resolution, and recommendations. On -Call Project Support Services for National City's Capital Improvement Program (CIP) 2-6 -20- Part 2 — Team Organization and Key Personnel Relevant Experience (cont'd) Community Outreach — City of Rockville, MD and City of Riverside, CA At the City of Rockville Jessica represented the City Manager's Office at neighborhood meetings and as the facilitator for community and staff outreach projects. She met with neighborhood liaisons and community groups to communicate the status of City projects, respond to questions and concerns, and provide follow-up. Similarly, at the City of Riverside, Jessica led public outreach and communication for Public Works construction projects cumulatively costing over $100M, including, public notice distributions, primary response to public inquiries and comments via phone, email and public meetings. Education & Certification • Water Quality Standards Certification - US Environmental Protection Agency • Floodplain Management Administration Certification - Federal Emergency Management Agency • Project Management Certification - University of California, Riverside • Master's Degree in Public Administration - University of Kansas • Bachelor's Degree Political Science with a Minor in Public Policy - University of California, Los Angeles On -Call Project Support Services for National City's Capital Improvement Program (CIP) 2-7 -21- Part 2 — Team Organization and Key Personnel Organizational Chart The organizational chart below depicts the diversity of the ICCS team and numerous roles each individual can offer to National City saving time money with minimal staffing. Construction 'Manager Sean Gill Construction Inspectors Sean Gill Roger Oreb Briana Noonan Additional Services As -Needed Sean Gill Roger Oreb Briana Noonan Jessica Chin ICCS' goal is to provide Construction Management and Inspection Services while integrating the additional services proposed, can save the City time and money before construction begins. On -Call Project Support Services for National City's Capital Improvement Program (CIP) 2-8 -22- Part 3 — Experience and Technical Competence List of Disciplines and General Services Proposed ICCS has reviewed the Request for Qualifications for the On -Call Project Support Service for National City's Capital Improvement Program (CIP) and is pleased to submit and request consideration for the following disciplines/Scope of Services: • Construction Management & Inspections • Community Outreach • Contract Management (Including QA/QC, value engineering, assistance with bid preparation and review, response to RFI's, construction support and preparation of record drawings) • Project Management • Constructability Reviews • ADA and Universal Design - Compliance and Inspections • Federal Audit Preparation • Utility Coordination (including Rule 20A & Joint Trench) • CPM Scheduling and Review • Certified Payroll • Environmental Compliance (Storm water, Wastewater, FOG and HAZMAT — regulatory permitting, compliance monitoring, inspections and reporting) • Sewer System Management (Financial Administration, including Annual Sewer User Billing and Tax Roll Preparation) Based on the projects identified in the RFQ and listed on the National City website under the Capital Improvement Program 2013-2017, ICCS is confident in the ability to provide Construction Management and Inspection services to 40% of the projects proposed for Park & Recreation and 14% of projects proposed for Infrastructure. In addition, our team can work closely with City staff and/or consultants to assist in a variety of other services identified above. Reviewing plans and specifications prior to bid and working with engineers during design will increase our ability to save National City money and reduce public inconvenience during construction. For most disciplines and general services proposed, ICCS identifies an overlap of service and skills. One perfect example of this overlap is the task of obtaining signed Right -of -Entry agreements from residents during design, which we consider as a part of Community Outreach. During past projects for National City, our Construction Manager has gone to the residents after regular business hours to obtain signatures on those agreements. Since the CM is familiar with the project design and understands the need for the entry agreement, who better to meet with the residents to explain the improvements coming forth and gaining that personal trust early on. This level of service exceeds what the people of National City anticipate, and from our experience is greatly appreciated. On -Call Project Support Services for National City's Capital Improvement Program (CIP) 3-1 -23- Part 3 — Experience and Technical Competence Disciplines and General Services Matrix Proposed Staffing Sean Gill c oil Y c U Y s v ✓ .0 U i a E u° ✓ C 9J F Y 2 u° ✓ Disciplines and General Services a- Q 3r e . Y aCm o%Q9J ca ea o G U � < 0 Y 4-u V u Y rC 2 a 44,7 a Q °� �= o -0 a v a u°.' v ✓ ✓ ✓ ✓ ✓ ✓ a a ;_, t v ✓ a �t Ecrzrz r o 5 W ✓ Y 0 v �. a sn RogerOreb ✓ ✓ .. ✓ ✓ ✓ ✓ . ✓ ✓ ✓ ✓ -. ✓ ✓ Briana Noonan ✓ ✓ . ✓ ✓ ✓ .-. Jessica Chin ✓ ✓ ✓ -- ✓ As shown in the matrix above, the diversification of our team allows us to perform multiple disciplines and services with minimal staff. Our team takes pride in knowing they have the ability to multi -task, providing efficient and effective work product. On -Call Project Support Services for National City's Capital Improvement Program (CIP) 3-2 -24- Innovative Construction'ConsultJng Services P.O. Box 6211 Norco CA 92860 Phone (951) 532-6483 seill@iccsinc.net Asst. Project Manager Project Manager Construction Manager SWPPP Review Sr. Scheduler Administration Analyst Certified Payroll Review Contract Administrator Word Processor Deposition Court Appearance NATIONAL CITY SCHEDULE OF RATES & FEES Effective January 1, 2014 Professional Services Per Hour $106 PW Inspector (Prevailing Wage) $147 PW Inspector (PW) - Overtime $147 Inspector (Std. Rate) $125 Inspector (Std. Rate) - Overtime $130 Sr. Inspector $92 Sr. Inspector - Overtime $90 Specialty Inspector $145 Specialty Inspector - Overtime $75 SWPPP Monitoring/Inspection Litigation Support Services $220/Hr., 4 Hour Min. $250/Hr., $1,000 Min. $119 $158 $109 $146 $127 $167 $135 $177 $112 Rates listed above include all necessary resources labor, equipment, materials, incidental reports and related calculations, and transportation required to provide project services proposed. All rates are based on a 4 hour minimum for each work day. If any additional services are required, please request the classification and a rate can be calculated for those services. Construction & Project Management I Inspection I Claim Processing/Analysis I CPM Scheduling I Time Impact Analysis I SWPPP Preparation I Constructability Reviews -25- t.oa Angeles County One Gateway Plaza 213.9224000 Tel Metropolitan Transportation Authority Los Angeles, CA goon-295z metro.net ev ro CALIFOR A UNIFIED CERICATION PROGRAM March 12, 2014 Mr. Sean E. Gill Innovative Construction Consulting Services P.O. Box 6211 Noroo,Caiifornia 921e0 CUCP #41898 Metro R'le # 6427 RE: Disadvantaged Business Enterprise Certification Dear Mr. Sean E. Gilt We are pleased to advise you that after careful review of your application and supporting documentation, the Los Angeles County Metropolitan Transportation Authority (Metro) has determined that your firm meets the eligibility standards to be certified as a Disadvantaged Business Enterprise (DBE) as required under the U.S. Department of Transportation (U.S. DOT) Regulation 49 CFR Part 26, as amended. This certification will be recognized by all of the U.S. DOT recipients in California. Your firm will be listed in the California Unified Certification Program (CUCP) database of certified DBEs under the following specific areas of expertise that you have identified on the NAAICS codes form of the application package: NAJCS (2007) Description 237310 Highway, Street and Bridge Construction (Construction Management) 237110 Water and Sewer Line and Related Structures Construction (Construction Management) Your DBE certification applies only for the above codes. You may review your firm's information in the CUCP DBE database which can be gad at the CUCP's website at www.cafl omiauco ova. Any additions and revisions must be submitted to Metro for review and approval. In order to ensure your continued DBE status, you are required to submit an annual No Change Declaration Form (which will be sent to you) along with supporting documentation. If no granges are noted, then your DBE status remains current. If there are changes, Metro will review to determine continued DBE eligibility. Please note, your DBE status remains in effect unless Metro notifies you otherwise. Should any changes occur that could affect your won status prior to receipt of the No Change Declaration Form, such as changes in your firm's name, business/malpng address, ownership, management or control, or failure to meet the applicable buss size standards or personal net worth standard, please notify Metro immediately. Failure to submit forms and/or change of information wff be deemed a failure to cooperate under Section 26.109 of the Regulations. Macro reserves the right to withdraw this certification if et any time It is dstannhted that It was knowingly obtained by false, misleading, or incorrect information. Your DBE certification is subject to review at any time. The firm thereby consents to the examination of its books, records and documents by Metro. Congratulations, and thank you for your interest In the DBE program. Should you have any questions, please contact us at 213.922-Zi300. For information on Metro contracting apportun ies, please visit our website at MIZMailiMet Lit Re on Consultant — HSW Services ty & Economic Opportunity Department Swig Booker Urecataon Veit Ow ONnrtj H.M. Mk Step i9,114, tas Aeadr, CA 90019.999w Pb: *IS4S1-9000 raw 1164111-7100 -26- MetroLos Angeles County One Gateway Plaza 213.922.2000 Tel t+rnsporhation AuthorityAuthoritylas Angeles. CAgoo12 2952 metro.net Cr) March 12, 2014 Metro Fie # 6427 Mr. Sean E. GM Innovative Construction C:o sulWfnp Services P.O. Box 6211 Norco, California 92860 Small Business Enterprise Certification Dear Mr. Sean E. Gill: We ere pleased to advise you that after careful review of your application and supporting documentation, the Los Angeles County Metropolitan Transportation Authority (Metro) has determined that your firm meets the eligibility standards to be ootified as a Srmali Business Enterprise (SBE) as required under Metro's SBE Program. Your firm will be listed in Metro's SBE database of certified S8Ea under the foIoving specific areas of expertise: outs (2007) Description 237310 Highway, Street and Bridge Construction (Construction Management) 237110 Water and Sewer Line and Related Structures Conduction (Consbuctlon Management) Your SSE cerdficaton is good for five years from the date of this letter and applies only for the above NAICS 2007 codes. Any additions and revisions must be submitted to Metro for review and approval. After the five-year certification period, your entire file will be reviewed in order to ascertain continued SBE certification status. You will be notified of the pending SBE status review and any documentation updates necessary prior to the expiration date. Also, should any changes occur that could affect your certification status prior to receipt of the renewal application, such as charges in your lrm's name, businesshnaihng address, ownership, management or control, or failure to meet the applicable business sloe standards or personal net worth standard, please notify Metro immediately. Metro reserves the right to withdraw this motion If at any time it is determined that It was knowingly obtained by false, misleading, or incorrect Information. Your SBE certification is subject to review at any time. The firm thereby consents to the examination of Ns books, records, and documents by Metro. Congratulation, and thank you for your Interest in Metro's SBE Program. Should you have any questions, please contact us at 213-922-2ti00. For kiformation on Metro contracting opportunities, please visit our webslte atwww.metro.nat. Sincggely, its Consultant, HSW Services & Economic Opportunity Department tarots. o....ac..tieocwwwa+-reMom' iwr•► Alm Awl Assam aslant. rbir oo.wa..k iriw.Ianatopee++,1�agar,cnD II$. as p*eN 7D F\c Y1M!}TeLO -27- A` CC/ OR CERTIFICATE OF LIABILITY INSURANCE DATE (M MIDD/YYYY) 04/08/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE' REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tc the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Ekno Insurance Services Group Inc. 210 W. Birch St #205 Brea, CA 92821 Lic.# 0E95467 INSURED Sean Gill DBA: Innovative Construction Consultant Services (ICCS) PO Box 6211 Norco, CA 92860 COVERAGES CONTACT NAME: Jonathan Ekno PH IA/G.ONE No. Eau: 888-669-7220 FAX Nol: 714-494-8039 E-MAIL ADDRESS: Jonathan@eknoinsurance.com INSURERS) AFFORDING COVERAGE INSURER A: Colony Insurance Company INSURER B : Infinity Auto Insurance INSURERC: Scottsdale Insurance NSURERD: Farmers Insurance NAIC It INSURERE: Hiscox Insurance INSURER F CERTIFICATE NUMBER: s._v wwn nvmocn. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL UNSR SUER MD_ POLICY NUMBER (MM/DDYIYYYYL EXP (MM/DDVIYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY Y GL4104965 04/15/2014 04/15/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ee occurrence) $ 100,000 CLAIMS -MADE lX I OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 $3'000,000 —J GENERAL AGGREGATE GENT AGGREGATE POLICY LIMIT APPLIES P PER: LOC PRODUCTS - COMP/OP AGG $3,000,000 S B AUTOMOBILE __ X X LIABILITY ANY AUTO ALL OWNED Auros HIRED AUTOS X X SCHEDULED AUTos NAUTONOS-OWNED Y 504-42882-1553-001 04/15/2014 04/15/2015 (Ea accident) SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ c X X UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE XBS0038581 04/15/2014 04/15/2015 EACH OCCURRENCE $ 1,000,000 AGGREGATE $11000 000 DED RETENTION $ $ D WORKERS COMPENSATION AND AND EMPLOYERS' LIABILITY YIN ANY OFFICER/MEMBER EXCLUDED'? PROPRIETOR/PARTNER/EXECUTIVE IN I (Mandatory In NH) It yes, describe under N / A A09470951 04/15/2014 04/1512015 WC STATU- TORY I IMITS OTH- FR E.L. EACH ACCIDENT $1,000,QQQ S 1,000,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Professionial Liability (E&O) Y ANE143485614 04/15/2014 04/15/2015 Each Occurance- $1,000,000 Aggregate- $1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of National City Sr all related entities, owners, officers, employees, representatives & agents are named as additional insureds on the above mentioned policies ncoTrrrrn Tr,J n OLD ANCELLATION City of National City c/o City Attorney's Office 1243 National City Blvd. National City, CA 91950 ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Jonathan Ekno ©1988-2010 ACORD CORPORATION. AU rights reserved. The ACORD name and logo are registered marks of ACORD -28- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH INNOVATIVE CONSTRUCTION CONSULTING SERVICES FOR A NOT -TO -EXCEED AMOUNT OF $1,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING AND CONTRACT MANAGEMENT, CONSTRUCTION MANAGEMENT AND INSPECTIONS, PLAN REVIEWS, CONSTRUCTABILITY REVIEWS, AND COMMUNITY OUTREACH WHEREAS, the Engineering Department issued Requests for Proposals to professional firms to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, and community outreach; and WHEREAS, 64 responses to the Requests for Proposals were received and reviewed, taking into consideration, among other things, past performance history, knowledge of the environment, the type of services offered, and the cost to the City; and WHEREAS, staff recommends Innovative Construction Consulting Services ("ICCS") to provide on -call project support services for National City's Capital Improvement Program; and WHEREAS, the City has determined that Innovative Construction Consulting Services is qualified by experience and ability to perform the services desired by the City, and Innovative Construction Consulting Services is willing to perform such services for the not to exceed amount of $1,000,000 from April 15, 2014 through April 14, 2016. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of Innovative Construction Consulting Services, and authorizes the Mayor to execute an agreement with Innovative Construction Consulting Services in the not to exceed amount of $1,000,000 to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, and community outreach. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of April, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 1110TEM TITLE: AGENDA ITEM NO, 19 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Kimley-Horn and Associates, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, architecture, land surveying, environmental compliance, assessment and remediation, geotechnical, soils and materials testing, plan reviews, constructability reviews, and community outreach PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: MIS Funded through various CIPs, on an as -needed basis APPROVED: `i :- Finance ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: •1. Explanation 2. Agreement 3. Resolution Explanation: The City's current 5-Year CIP is projected to deliver over $60 million in major public improvements. Approximately $25 million, or 40% of the CIP budget, is funded through active Federal, State and Regional "competitive" grants. Projects include corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of LID measures for treatment of urban runoff; ADA enhancements; park amenities; mechanical, electrical and HVAC upgrades to City -owned buildings; and affordable housing projects including infill transit -oriented development. In order to design, manage and deliver these projects on schedule and within budget, the Department of Engineering & Public Works advertised a Request for Qualifications (RFQ) for various engineering and construction support services on January 27, 2014. Additional services requested via the RFQ include plan and map reviews, preparation of plat & legal descriptions, sewer system management and financial administration, and environmental compliance involving stormwater, wastewater, FOG and HAZMAT. The RFQ was advertised on the City's Website, published in the Daily Transcript, and e- mailed to over 150 professional consultant firms. The Department received approximately 70 Statement of Qualifications (SOQs) from various firms, including Disadvantaged, Small and/or Minority Business Enterprises, by the February 24, 2014 deadline. Staff from the Department of Engineering & Public Works selected five firms based on qualifications for interviews. Based on the strength of their SOQ and interview, staff recommends executing an agreement with Kimley-Horn and Associates, Inc., for a not - to -exceed amount of $2,000,000, to provide on -call project support services including, but not limited to, project management, engineering and contract management, architecture, land surveying, environmental compliance, assessment and remediation, geotechnical, soils and materials testing, plan reviews, constructability reviews, and community outreach. Kimley-Horn and Associates has listed the following subconsultants to provide additional specialized services (see Exhibit "A" for bios and fee schedules): • Platt/Whitelaw Architects (Small / Woman Business Enterprise) — architecture • Bender Dean Engineering (Small Local Business Enterprise) — mechanical engineering, HVAC and plumbing • The Engineering Partners, Inc. (Small / Minority Business Enterprise) — electrical engineering; LEED certified for Green Building Designs which are energy efficient and environmentally responsible • PCG Utility Consultants (Disadvantaged / Minority / Woman Business Enterprise) — dry utility design and coordination • Sampo Engineering (Disadvantaged Business Enterprise) — land surveying, mapping and civil engineering • AQCS Environmental — environmental compliance • Leighton Consulting — geotechnical and material testing and inspections • Michael J. Wallwork (formerly Alternate Street Design) — complete streets, traffic calming, roundabouts AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KIMLEY-HORN AND ASSOCIATES, INC. THIS AGREEMENT is entered into this 15th day of April, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Kimley-Horn and Associates, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, the CITY has determined that the CONSULTANT is an engineering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, project management, engineering and contract management, architecture, land surveying, environmental compliance, assessment and remediation, geotechnical, soils and materials testing, plan reviews, constructability reviews, and community outreach. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under 1 City's Standard Agreement —2011 revision -1- this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Jennifer Roy, P.E., Project Manager, thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $2,000,000 (the Base amount) without prior written authorization from the 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 "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. EFFECTIVE DATEAND LENGTH OF AGREEMENT. This Agreement will become effective on April 15, 2014. The duration of this Agreement is for the period of April 15, 2014 through April 14, 2016. With mutual agreement of the parties, this Agreement may be extended for an additional period of up to one year, through April 14, 2017. 2 City' s Standard Agreement —2011 revision -2- 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall 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 CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY' S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CON$ULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 3 City's Standard Agreement-2011 revision -3- 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES. PERMITS. ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any 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. 4 City's Standard Agreement —2011 revision -4- 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. i<NDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 5 City's Standard Agreement —2011 revision -5- 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, 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. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 6 City's Standard Agreement —2011 revision -6- G. Insurance shall be written with only California admitted companies that 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. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY' S Risk Manager. If the CONSULTANT does not keep all 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. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. 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. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the 7 City's Standard Agreement —2011 revision -7- CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 8 City's Standard Agreement -2011 revision -8- To CONSULTANT: Jennifer Roy, P.E. Project Manager Kimley-Horn and Associates, Inc. 401 "B" Street, Suite 600 San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 9 City' s Standard Agreement —2011 revision -9- 24. 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. 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. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. 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. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 10 _10- City's Standard Agreement —2011 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney KIMLEY-HORN AND ASSOCIATES, INC. By: Dennis Lbndaal, Sr. Vice President By: Matthew Capuzzi, farff Secretary City's Standard Agreement —2011 revision ACGR®• DATE (MMIDDIYYYY) 4/3/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. CERTIFICATE OF LIABILITY INSURANCE IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Grayling Insurance Brokerage 450 Northridge Parkway Suite 102 Atlanta GA 30350 INSURED Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh NC 27636 NAME cT Jerry Noyola PHONE O. Ext1: ( ) 77Q 552-4225 E-MAILADDRESS. jerry.noyola@greyling.com INSURERS) AFFORDING COVERAGE FAX (AIX. Not: (866) 550-4082 INsuRERANational Union Fire Ins Co INsuRERB Commerce & Industry Insurance INsuRERcNew Hampshire Insurance Company INSURER D :Lloyd' s of London INSURER E: NAIC 19445 19410 23841 085202 INSURER F: COVERAGES CERTIFICATE NUMBER 14-15 (Kimley Sanice) ,•-r,V,Vr. IYvIvIDCR: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADbL MAR. SUER lull —POLICY NUMBER .MMIDDY/YYFYFYt POLICY EXP (MMIDQI'YYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY GL 9645227 4/1/2014 4/1/2015 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES $ 500,000 CLAIMS -MADE X OCCUR MEDEXP(Anaoneperscn) MED EXP (Any one person) $ 25,000 X Contractual Liability PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: Wm- I x l LOC PRODUCTS - COMP/OP AGG $ 2 , 000 , 000 A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED . x SCHEDULED AUTOS NONWNED AUTOS $ CA 4982985 4/1/2014 4/1/2015 COMBINED SINGLE LIMIT (Ea accident) $ 1,000-000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLAUAB EXCESS LIAB X OCCUR CLAIMS -MADE 8E58430948 4/1/2014 4/1/2015 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENT ON$ 10,00C $ C A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERJMEMBER EXCLUDED? (Mandatory In NH) 11 es, descdbe under YIN N NIA WC 018112556 (AOS) WC 018112557 (CA) 4/1/2014 4/1/2014 4/1/2015 4/1/2015 X WCSTATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 1,000,000 $ 1,000,000 $ 1,000,000 E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT D Professional Liability B08791,070831401 4/1/2014 4/1/2015 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space le required) Re: On -Call Project Support Services for National City's Capital Improvement Program (CIP). The City of National City, its elected officials, officers, agents & employees are named as Additional Insureds with respects to General & Automobile Liability where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Umbrella Follows Form with respects to General, Automobile & Employers Liability Policies. rrorltrr. Arc uni noes ION City of National City c/o City Attorney's Office 1243 National City Boulevard National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2010/05) INS025 r7m nn51 m The. entla I name anti Innn aro ren)e4orerl mark of AIY Pn AUTHORIZED REPRESENTATIVE David Collings/JERRY-r'C',---+%e�e.: © 1988-2010 ACORD CORPORATION. All rights reserved. -12_ Policy Number: GL 9645227 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury', "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after. a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc_, 2004 Page 1 of 1 -13- POLICY NUMBER: GL 9645227 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizationls): Location And Description Of Completed Operations AS REQUIRED BY WRITTEN CONTRACT AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to designated and described in the schedule of this include as an additional insured the person(s) or endorsement performed for that additional insured organization(s) shown in the Schedule, but only and included in the "products -completed operations with respect to liability for "bodily injury" or hazard." "property damage" caused, in whole or in part, by "your work' at the location CG20370704 0 ISO Properties, Inc.,2004 Page 1 of 1 ❑ -14- EXHIBIT "An 5TA1 EMENT Or QUALIFICATIONS On -Call Project Support Services for National City's Capital Improvement Program (CIP) February 24, 2014 Mr. Stephen Manganiello Director of Public Works/City Engineer City of National City Department of Engineering & Public Works 1243 National City Boulevard National City, CA 91950 401 B Street Saae600 San Diego, California 92101 TEL 619 2349411 RE: Statement of Qualifications - On -Call Project Support Services for National City's Capital Improvement Program (CIP) Dear Mr. Manganiello and Members of the Selection Committee: The City of National City is "In the Center of It All" and offers a multitude of amenities —everything from the wildly successful A.R.T.S. Center, to community mainstays like the City's three large community parks, to Plaza Bonita Shopping Mall, educational institutions, historic neighborhoods, and multimodal transportation services. The City is unique, welcoming, and growing in popularity each and every day. This popularity, coupled with the fact that National City is the second oldest city in San Diego County, presents challenges such as aging infrastructure, increased demand for services, and greater stress on services already in place. To meet these challenges, the City needs a consulting team that can respond quickly to your varying project needs. Kimley-Horn and Associates, Inc. is that team. We are your "one stop shop" to provide civil, environmental, drainage, traffic, structural, and more. A majority of our services can be completed from our San Diego office, while others will be completed by our local subconsultants. Our ability to provide these services from such a close locale means your projects can be completed quickly; you'll receive better, more frequent communication between our team and your staff; and the approach to your projects will be streamlined and efficient. The Kimley-Horn team offers National City the following benefits: Extension of Your Staff. Our team knows National City and have partnered with your staff on projects such as the Coolidge Avenue Safe Routes to School project, D Avenue Community Corridor, Kimball Park, and the Public Works Relocation, to name a few. Through these collaborations, we have developed excellent working relationships with your team and understand your processes and procedures, which allow us to complete projects without the impediment and time constraints of a leaming curve. Unmatched, Local On -Call Experience. We offer you our depth of experience with numerous local on -call contracts. These include current on -call contracts with SANDAG, NCTD, and the Cities of Carlsbad, and La Mesa. From local municipalities to large government organizations, this varied on -call experience illustrates the distinct difference between us and other teams you may be considering, because Kimley-Horn offers a depth of services and diverse in-house experience that you won't find elsewhere. We have completed projects ranging from small ($1,000 ADA improvements), to large ($5 million water distribution systems), to mega ($90 million freeway interchange projects), and everywhere in between. Whatever support services the City requires, Kimley-Horn has you covered. Value Engineering and Quality. The members of our team were selected for their experience with similar projects and their upcoming availability to serve you on this contract. Jennifer Roy, P.E. will be the project manager responsible for day-to-day coordination with your staff. Our team will provide a seamless integration of engineers, planners, and environmental specialists throughout this contract. This means effective peer review, quality control, variety of experience, and value engineering that will allow our team to identify and implement the best project approaches for the City. We have truly enjoyed working with the City over the course of the last three years, and are excited to continue our service to you. Our exceptions to the RFQ are included on the next page (Table of Contents). Should you have any questions regarding our SOQ, please contact Jennifer Roy at 619-744-0123. Sincerely, KIMLEY HORN AND ASSOCIATES, INC. Matthew Capuzzi, P.E. Program Director Jennifer Roy, PE. Project Manager CS Kimley-Horn and Associates, Inc. -16- BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below, (The following "attaching clause' need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04 / 01 / 14 forms a part of Policy No. WC 018 112 5 5 7 Issued to KIMLEY-HORN AND ASSOCIATES, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed. 11190) Countersigned by Am-4 Authorized Representative -15- 0 Contact Information 2a. Legal Name and Address of Company Kimley-Horn and Associates, Inc. 401 B Street Suite 600 San Diego, CA 92101 2b. Legal Form of Company Corporation 2c. Addresses of Offices Working on the Project Primary Project Office: San Diego Office, see address above Support: Phoenix Office 7740 N. 16th Street Suite 300 Phoenix, AZ 85020 Key Subconsultants: Platt/WhitelawArchitects, Inc. • 4034 30th Street, San Diego CA 92104 PCG Utility Consultants, Inc. 3911 North Cordoba Avenue, Suite B, Spring Valley, CA 91977 Sampo Engineering, Inc. 171 Saxony Road, Suite 213, Encinitas, CA 92024 AQCS Environmental 2415 Poinsettia Drive, San Diego, CA 92106 Leighton Consulting, Inc. 3934 Murphy Canyon Road, Suite B205, San Diego, CA 92123 Alternate Street Design 1516 Plainfield Avenue, Orange Park, FL 32073 2d. Contact Person for Proposal Jennifer Roy, RE. Project Manager 401 B Street Suite 600 San Diego, CA 92101 Phone: 619-744-0123 Email: jenniter.roy@kimley-horn.com City of National City 10Y80000574 Csm Kimley-Horn 5 1 and Associates, Inc. -17- Team Organization and Key Personnel 3a. Staffing Plan and Personnel Qualifications The Kimley-Horn Team is dedicated to providing personnel and resources in order to serve the City of National City in the delivery of on -call project support services. To balance out our team, we have included specialized subconsultants who are highly experienced in working with Kimley-Horn on other successful projects. The key personnel and teaming partners assigned to this project have functioned in similar responsible positions and will remain on the team for the duration of the project. We can assure the City that an adequate number of qualified staff will be available to provide the services proposed. Over the last several years, our team has partnered with the City of National City to successfully deliver a wide range of projects. We have built a dedicated team of over 80 highly qualified registered engineers, professionals, and support staff in our San Diego office focused on meeting the project needs of local agencies, with access to over 2,000 people tirmwide. Over the past three years, we have demonstrated our commitment to the City by delivering high quality services, and will further this commitment as part of this on -call project support services contract. In addition to serving the City, we have over 20 years of local experience serving SANDAG, MTS, NCTD, Caltrans District 11, and other cooperating agencies. Our team understands their requirements, and we know how to successfully staff and complete projects of all sizes for these agencies. Jennifer Roy, P.E. will be the overall Project Manager. She will be the lead contact with the City, and will be in charge of preparing construction documents and coordinating with the City, State, and other affected agencies, with the support of Program Director, Matt Capuui, P.E. Jennifer and Matt have been responsible for the management and design of several projects in the City as part of our current on -call contract. Jennifer's work with the City's Engineering staff provides her with a thorough understanding of City procedures, and makes her uniquely qualified to meet the City's needs. Jennifer will be supported by a highly qualified team of in- house professionals and specialty subconsultant firms that have served in identical roles for similar projects. Kimley-Horn has placed great importance on the selection of a project team to meet the specific needs of the City of National City. We offer the City an entire team of locally based professionals. By providing you a complete team based in San Diego that has extensive prior experience working together, the City will benefit from professionals who thoroughly understand the local laws, ordinances, regulations, policies, requirements, and permitting procedures. Our key subconsultants include: Platt Whitelaw Architects (Architecture and ADA/Universal Design), Leighton Consulting (Geotechnical), PCG Utility Consultants (Dry Utlities), Sampo Engineering (Surveying), Alternate Street Design (Roundabouts), and AQCS Environmental (Hazardous Materials). This team will be available for each and every task order that comes out of the on -call, if the City desires. We understand that the City sometimes prefers to contract directly with other on -call consultants to complete certain specific support tasks. Our team is flexible enough to accommodate this approach and have successfully coordinated with other on -call consultants on several recent projects. Depth of Local Presence: With the Kimley-Horn team having over 80 staff located in San Diego County, we have the depth to deliver most projects locally with qualified staff. We have worked with all of our proposed teaming partners — many of which are on our current on -call contract. We will build the best team possible to serve you from within the Kimley-Horn team. In addition, our team includes DBE, SBE, MBE, WBE, and SLBE firms, so no matter what the utilization requirements might be for any given project, we will be able to meet and/or exceed required percentages of participation by such firms. Key Personnel The team members we have assembled for this project are highly experienced engineering, planning, and design professionals with a proven, successful track record in a variety of CIP projects. This type of work is their specialty —they will be committed to the project through its duration and successful completion. The table on the following page is a summary of Kimley-Horn's key personnel committed to this project, demonstrating their qualifications and experience. lb.- Kimley-Horn City of National City i OY800005.14 6 and Associates, inc. • • -f N- Team Organization and Key Personnel Key Personnel Experience Summary Name / Role Jennifer Roy, P.E. Project Manager; Civil Design: Roadway, Roundabouts, Utilities; Public Outreach Matt Capuai, P.E. Program Director Education / iiegistration • B.S., Civil Engineering • Professional Engineer in California and North Carolina • B.S., Civil Engineering, Villanova University • Professional Engineer in California Kirk Ammerman, P.E. • B.S., Civil Engineering, QC/QA San Diego State University • Professional Engineer in California Sam McWhorter, P.E. Civil Design: Drainage/ Water Quality Leo Espelet, P.E., T.E. Traffic; Data Collection • M.S., Civil Engineering (Water Resources), San Diego State University • B.S., Civil Engineering, San Diego State University • Professional Engineer in California • B.S., Civil Engineering, San Diego State University • Professional Engineer (Civil and Traffic) in California Experience/Qualifications Summary Jennifer has significant experience working with the City of National City as part of Kimley-Horn's current on -call contract. Additionally, her widely varied experience includes: new roadway and roadway widening, complete street type final design, stormwater design, sidewalk/ pedestrian specific projects including pedestrian bridges, intersection improvements, bicycle facilities, planning studies, public workshops and design charrettes, streetcar/BRT stations, parking studies, and grant writing/adminstration. Matt has 13 years of experience designing and managing transportation and public works projects for public agencies, including the City of National City. He has managed projects involving traffic calming, large outdoor pedestrian spaces, multimodal complete streets and green streets. Matt's responsibilities include oversight of grading and improvement plan preparation, roadway design, site design, stormwater analysis and design, water quality, and parking facilities design, Kirk has more than 27 years in civil engineering practice, with 19 years of managerial and supervisory experience. He has knowledge and experience over a broad range of civil engineering topics, including: project management; contract management and administration; civil engineering processes; budget processes; and, pertinent local, State, and Federal rules, regulations, and laws. Prior to joining Kimley-Horn, Kirk was a principal civil engineer at the City of Chula Vista. Sam has over 16 years of experience on a variety of complex civil engineering water works projects. His experience includes designing and managing projects involving Water and Wastewater planning and design and Hydrology and Hydraulics planning and design. His drainage experience includes designing and managing projects involving storm drain systems, complex large watershed hydrologic analysis, river hydraulic modeling, detention basin design, water quality BMP planning and design, stormwater quality studies, scour analysis, sedimentation, watershed hydromodification and master planning. He has worked on a wide variety of public works projects for local cities and agencies, including for the City of National City. Leo has 10 years of experience in transportation planning and traffic engineering, including multimodal level-of-service/quality evaluations, roundabout feasibility studies, signal timing and operation analyses, and pedestrian and bicycle corridors evaluations. In addition to his planning efforts, Leo has completed the design of several street revitalization projects. Leo's combination of planning and design experience has been instrumental in providing on -call services to multiple agencies within the County of San Diego. Leo has worked closely with the Cities of National City, Oceanside, San Marcos, Poway, La Mesa, and San Diego. Kimley-Horn City of National City 10Y80000514 i S r \ and Associates, Inc. -19- flame/Role David Sorenson, T.E. Traffic Kevin Kimm, P.E. Structural Engineering Peter Syntax, P.E., LEED AP Lighting/Electrical Team Organization and Key Personnel Education / Registration • M.S., Transportation Planning, Iowa State University • B.S., Civil Engineering, North Dakota State University • Professional Traffic Engineer in California • B.S., Civil Engineering, Montana State University • Professional Engineer in California, Arizona, and North Carolina • B.S., Marine Engineering Systems, United States Merchant Marine Academy • Professional Engineer in California and 4 other states Experience/qualifications Summary Patrick Hari, RLA, • Bachelor of Landscape LEED AP Architecture, Texas A&M Landscape Architecture University • Registered Landscape Architect in California and 4 other states • LEED Accredited Professional Alex Jewell • B.A., Environmental Environmental: CEQA/NEPA Studies, University of California, Santa Barbara Dave has 28 years of experience in transportation planning and traffic engineering. His expertise includes transit planning, feasibility studies, Intelligent Transportation Systems, long range transportation plans, transportation demand modeling, complete streets and impact analysis. His traffic background includes traffic operations, conceptual roadway design, traffic modeling, transportation phasing, traffic flow simulation, and traffic impact analysis. Dave has conducted traffic evaluations for numerous interchanges and roadway capacity -increasing projects. He is well experienced in developing traffic calming programs and applying traffic calming tools to particular neighborhood streets. He is also skilled in building consensus on controversial transportation projects, including extensive interaction with neighborhood groups. Kevin has 13 years of project management and structural design experience, and leads Kimley-Horn's structural design team in California. He is experienced in preparing advanced planning studies, bridge type selection reports, and PS&E. Kevin has extensive knowledge of Caltrans and AASHTO bridge design standards and processes. His design experience ranges from design of multi -span cast -in -place pre -stresses concrete, precast pre -stressed concrete and structural steel girder bridges to single span cast -in -place slab bridges and pedestrian bridges. His additional structural experience includes the design of parking structures. He has designed both precast and cast -in -place post - tensioned parking structures. Peter has 11 years of engineering experience from engineering firms and from U.S. Navy ships. He is currently in the Navy Reserve and holds an active military ID. In addition to electrical engineering, his background includes providing mechanical and plumbing designs for residential and commercial projects. Peter has performed all phases of engineering including feasibility studies and assessments, project designs, project scheduling, estimating, field inspections, construction administration and submittal review, and overseeing engineers, designers, and drafters. He also provides LEED design and documentation. Patrick has a broad range of experience as an urban planner and landscape architect. He has 19 years of experience in projects ranging from public sector transit systems, urban streetscapes and parks to private sector urban redevelopment projects. Patrick's primary focus with every client is to balance sustainable design solutions while creating a distinctive sense of place with an understanding of implementation and maintenance issues. Alex has more than 17 years of experience processing land use applications through the environmental review process, including general plan amendments, specific plans, subdivisions, and use permits. His responsibilities include the preparation of and reviewing environmental documents such as Environmental Impact Reports, Negative Declarations (EIR/ND), Addenda, and Initial Studies for adequacy under CEAA, and other federal, state, and local laws, as well as coordinating reviews of technical studies. He has worked on some of the most complex and controversial projects processed in the County of San Diego. �iKimley-Horn City of National City 0Y800005.14 8 Mir, and Associates, Inc. • • -20- flame/Role Karina Fidler, AICP Team Organization and Key Personnel Education / Registration • Master of Public Environmental: CEQA/NEPA Health/Environmental Health, San Diego State University • B.S., Biological Sciences, University of California, Santa Barbara • American Institute of Certified Planners Michael Wallwork Roundabout Design (Alternate Street Design) • B.S., Civil Engineering • Professional Engineer in Florida and 5 other states Sandy Gramley, AIA • M. Architecture, Texas Architecture; ADA/Universal A&M University (PIatI/Whitelaw Architects) • B. Architecture, University of Illinois • Licensed Architect in California Experience/Qualifications Summary Karina has more than 17 years of experience as an environmental planner. She has been involved with both public and private sector projects requiring NEPA documentation, Phase I Environmental Site Assessments, environmental planning studies, jurisdictional delineations, and Section 404 permit applications, Karina has completed numerous stormwater pollution prevention plans and water quality technical reports in California. Recently, she managed the preparation of Section 404, Section 401, and Section 1602 permit applications for a water quality improvement project on behalf of the Los Penasquitos Lagoon Foundation. Michael has 42 years of experience in traffic engineering, road construction, transportation design, and traffic calming for a wide range of projects ranging from single intersection design to large-scale road projects that integrate attractive landscaping with pedestrian, bicycle and vehicle facilities. He has been instrumental in designing and promoting roundabouts in the U.S. for 25 years. His roundabout experience enables Michael to provide appropriate advice about the feasibility and layout for successful roundabouts that accommodate pedestrians, vehicles, bicyclists, trucks, oversize trucks and emergency vehicles, He has assisted in the design and evaluation of more than 700 roundabouts. Ms. Gramley has more than 30 years of experience in architecture and 13 years in public/institutional facilities. This experience includes operations facilities, public recreation centers, libraries, park support facilities, aquatic facilities, gymnasia, life safety facilities, and public infrastructure. Ms. Gramley has provided complete architectural services ranging from master planning and needs assessment through construction documents and construction completion. She has extensive experience applying accessibility codes and standards to new and existing facilities. Key Staff Resumes Resumes for key personnel on the Kimley-Horn team, including key subconsultants, are provided on the following pages. Kimley-Horn City of National City 101'800005.14 So.. IMP I and Associates, Inc. -21- Team Organization and Key Personne 3b. Organization Chart Each member of our team is committed to the successful completion of your project. The organization chart below shows our key staff and their positions, including subconsultants. If Matt Capuzzi, P.E. selected, this is the team that will serve you for the duration of the project. Changes in team composition will not occur without prior written approval of the City. Jennifer Roy, P.E. Kirk Ammerman, P.E. ROADWAY Jennifer Roy, P.E. Keith Yheulon Carlynn Espinoza Othrnan Elmezaln ROUNDABOUTS Michael Wallwork, P.E. (FL) 8 Jennifer Roy, P.E. Matt Capuzzi, P.E. DRAINAGE/WATER DUALITY Sam McWhorter, P.E. Tammie Moreno, P.E., QSDP Katie Galloway, EIT UTILITIES Jennifer Roy, P.E.(Wet) Carlynn Espinoza (Wet) Bobby Johnson (Dry)" Harry Williams (Dry) " GONSTRUCTABILITY Kirk Ammerman, P.E. Civil Support SURVEY Vincent Sampo, PLS MAPPING Michael Knapton, P.E., PLS GEDTECHNICAL Michael Jensen, PG., CEG' William "David" Olson, P.E.' Leo Espelet, P.E., T.E. Dave Sorenson, P.E. SIGNAL/ COMMUNICATIONS DESIGN Mike Washkowiak, P.E. DATA COLLECTION Leo Espelet, P.E, T.E. ;lightinglElectricat Kevin Kimm, P.E. Peter Syntax, P.E., LEED AP Brett Stroup, P.E. (AZ) Mike Colombo, P.E., PSNP Landscape Architecture Patrick Hart, RLA, LEED AP Michel Madsen, RLA Joseph Cogswell Subconsultants: 1. Platt/Whitelaw Architects - SBE/WBE 2. Bender Dean Engineering - SLBE 3. The Engineering Partners, Inc. - MBE/SBE 4. PCG Utility Consultants - MPWBE ADA/Universai Sandy Gramley, A/A' Alison Whitelaw, PA/A, LEED APT Kirk Ammerman, P.E. Environmental CEOA/NEPA Alex Jewell Karina Fidler, AICP Bruce Grove Jr. Christa Redd SUSMP/WATER OUALITYISWPPP Tammie Moreno, RE., OSDP Sam McWhorter, P.E. HAZMAT Scott Storms,' 5. Sampo Engineering - DBE 6. AOCS Environmental 7. Leighton Consulting B. Alternate Street Design Public Outreach Matt Capuzzi, P.E. Jennifer Roy, P.E. SPANISH Leo Espelet, P.E., T.E. Architecture Sandy Gramley, NA' Alison Whrtelaw, FA1A, LEED AP' MECHANICAL PLUMBING Bender Dean Engineering' ELECTRICAL The Engineering Partners' S Kimley-Horn City of National City I OMOODS 14 17 NEI and Associates, Inc. -22- Team Organization and Key Personnel 3c. Roles and Responsibilities of the Prime Consultant and all Subconsultants We are pleased to present our carefully selected team of highly qualified subconsuttants, organized to complement Kimley- Horn's in-house personnel and provide the City with the most qualified team. Kimley-Horn is currently or has previously worked on projects with all of our subconsultants, creating a cohesive team of expert firms that function as one multidisciplinary project team. A brief summary of the firms and their specialties follows. Platt/Whitelaw Architects, Inc. (SBE/WBE) Architecture Platt/Whitelaw Architects, Inc. is a full service architectural firm that has been in continuous practice since 1979 and currently employs 15 people, including six PLA117WHI `FLAW licensed architects. The firm also has five LEED Accredited Professionals on staff. Their approach to design relies heavily on open communication between all members of the design team, including clients, users, and community groups. Platt/ Whitelaw's recent projects include schools, recreation facilities, church facilities, libraries, park facilities, historic preservation, mixed -use, operation and administration facilities and residential projects. Their public agency clients include municipalities, school districts, state agencies and federal agencies. They are a state -certified Small Business Enterprise (SBE) and a California Woman Business Enterprise (WBE). Bender Dean Engineering (Mechanical/Plumbing). With over thirty years of experience in San Diego, the engineers at Bender Dean Engineering are committed to providing exceptional engineering HVAC and plumbing systems for municipal, educational, historical and recreational facilities. Experience includes commercial and municipal buildings, vehicle maintenance facilities, telephone equipment buildings, laboratories, office buildings, historic buildings, libraries, museums, educational facilities, recreational/community centers. Services include heating, ventilating, and air conditioning design, plumbing protection design, studies, construction observation, and management. ARCHITECTS, INC. City of National City 10Y800005.14 18 The Engineering Partners, Inc. (Building Electrical — MBE/ SBE). The Engineering Partners, Inc. (EPI) is an electrical engineering consulting firm located in San Diego, with a workforce of 25 employees. EPI is a Minority Business Enterprise (MBE) and Small Business Enterprise (SBE). EPI is particularly well experienced in all phases of preparing plans, specifications, reports, analysis and cost estimating for electrical systems, photovoltaic systems, schematic design, instrumentation & control engineering, electrical infrastructure upgrades, switchgear (5kV, 15l(V,, and 480V), wiring control system, high and low voltage power distribution, motor protection, industrial control systems, and utility assessments. pc;L]'ijnt riCoh fIA:IS,INC -mMu�lr�uxl .non 0.9iu0ri" PCG Utility Consultants (MIWBE) Utilities For over 36 years, PCG Utility Consultants, Inc.'s (PCG's) success has been directly related to their efforts to perform high -quality, timely services. PCG has an established reputation for providing professional consulting engineering services for a wide variety of public and private sector projects. Since dry utility systems impact most projects, it is of the utmost importance that the project has expert representation. PCG's professional staff is capable of performing on any type of project regardless of the size or geographical location. From designing utility systems tor whole towns and cities to resolving right-of-way issues to clear the way for mass transportation projects, PCG has the experience to accomplish the project's goals. PCG has an extensive depth of projects that are very relevant to this project, such as addressing dry utility system removals, relocations, and undergrounding and new system installations. Samno Enwineering. Inc. Surveying, Civil Engineering, Mapping, Land Planning Sampo Engineering, Inc. (DBE) Survey Sampo Engineering, Inc. (SEI) is a private Land Surveying, Civil Engineering and Certified DBE and 8(a) consulting firm located in the City of Encinitas. Specializing in public works and land C=IN Kimtey-Horn 1 and Associates, Inc. -23- Team Organization and Key Personnel development projects throughout San Diego County for over 28 years, SEI is an experienced leader in the surveying and civil engineering fields. SEI offers a wide variety of services, including map research, calculations, interpretation of deeds and legal descriptions, compiling and analyzing field data and setting monuments. Surveying services include: Topographic Surveys, Right -of -Way Surveys, Property Boundary Surveys, Construction Staking, ALTA Surveys, Public Land Surveys, Story Pole Surveys, and Well Monitoring Surveys. AQCSAQCS Environmental Hazardous Materials environmental AQCS Environmental is a small team of environmental consultants with a mission to help municipalities, businesses, hospitals and other institutions in Southern California comply with environmental regulations. They have been providing environmental compliance consulting services to entities in Southern California for 12 years. AQCS provides specific consulting services to maintain compliance with the San Diego County Department of Environmental Health, Hazardous Materials Division. Leighton Consulting Geotechnical Leighton Consulting, Inc. (Leighton), a California corporation founded in 1961, provides geotechnical and material testing and inspection services to public agencies in southern California, Project experience consists of both new infrastructure projects and improvements of local roads and alignments with landscape and mobility improvements; community centers, fire stations, parks, recreation centers, and a variety of other facilities. A wide variety of Leighton's project experience has been located throughout southern California. Leighton develops pertinent geotechnical explorations to define the geologic properties, evaluate the subsurface conditions with respect to the proposed project, and provide geotechnical recommendations for design and construction. Leighton has provided geotechnical and geoenvironmental services within National City over a period of nearly 30 years. Their most recent activities within the City were performed for the recently completed National City Streetscape Improvement project between Division Street and 12th Street , El Toyon Park, and 2101 Hoover Avenue. Through their participation with the South County Economic Development Council and their Transportation and Infrastructure Committee, they continue City of National City 10Y800005.74 to be actively engaged in efforts to improve the prosperity of the community. They operate laboratories throughout southern California, including San Diego, with an extensive inventory of equipment and cross -trained staff that can handle many types of samples and tests. Leighton's laboratory has been audited and approved by Caltrans, AASHTO, and City of San Diego. Alternate Street Design Roundabouts Michael Wallwork of Alternate Street Design brings 42 years of experience including traffic engineering, road construction, transportation design, and traffic calming for a wide range of projects ranging from single intersection design to large-scale road projects that integrate attractive landscaping with pedestrian, bicycle and vehicle facilities. His perspective is that streets and highways are transportation corridors that serve all people and therefore should be designed to benefit motorists, transit, pedestrians, bicyclists, and people with disabilities. He has developed and presented many training courses that include designing for pedestrians, roundabout design, and traffic calming. His roundabout design experience enables him to provide appropriate advice about the feasibility and layouts for successful roundabouts for pedestrians, vehicles, bicyclists, trucks, oversize trucks and emergency vehicles. Mr. Wallwork has designed more than 700 roundabouts in the U,S., Australia, Bahamas, Cayman Islands, and Canada. He has presented more than 1,300 roundabout presentations, and 53 roundabout training courses to public sector agencies and commissions, political leaders, and citizens in more than 40 states. Kimley-Horn 19 MP I and Associates, Inc. -24- Experience and Technical Competence 4a. Disciplines and General Services KimIeyHorn, a full -service engineering, planning, and environmental consulting firm, offers the City of National City a complete team that is qualified and able to provide high quality consulting services in all but two (Sewer System Management and Construction Management & Inspections) of the disciplines listed on Page 3 of the City's RFQ, and in all of the General Services areas. Our long-term association with public municipalities, including the City of National City, has given us broad project experience. Over the years, Kimley-Horn has grown from a small group of engineers and planners to a staff of more than 2,000 people. Our 11 California offices —including our well -established San Diego location —currently staff more than 250 engineers, planners, designers, and technicians throughout the state. With such far reaching depth and expertise, our work is performed accurately, efficiently, and within your budget. Kimley-Horn and our team of subconsultant firms (the Kimiey- Horn team) have completed numerous projects similar in scope to those listed in the City's RFQ for On -Call Project Support Services. We have been the prime consultant for numerous public works design projects involving: • Civil Engineering • Structural Engineering • Mechanical Engineering • Electrical Engineering • Traffic Engineering • Traffic Signal Communications & Systems Integration • Traffic Data Collection • Transportation Design and Planning • Architecture • Landscape Architecture • ADA & Universal Design • Utility Design & Coordination • Land Surveying • Geotechnical • Environmental Engineering, Planning, & Design • Environmental Compliance • Project Management • Community Outreach A majority of our previous projects are multi -disciplinary, incorporating any combination of the above disciplines in service areas such as: • Planning and Design • Engineering and Contract Management • Plan and Map Reviews • Constructability Reviews • Project Tracking and Progress Reports • Grant Applications and Delivery Requirements City of National City 101'800005 14 20 The following paragraphs provide summaries of our capabilities within the Disciplines and General Services for which our team is qualified to perform, as well as in other services we feel may be of interest to the City. Civil Engineering (includes Streets and Sewer Infrastructure) Civil engineering forms the backbone of our experience and qualifications to serve as your on -call engineering consultant. In California, over 150 of Kimley-Horn's 253-person staff are professionally registered as civil engineers. We have experienced professionals in utility engineering, transportation planning, roadway design, site planning and master planning, traffic operations, surface water management, and hydraulic/hydrologic modeling, among others. Kimley-Horn's long history of civil engineering services includes a wide variety of public -sector facilities. The firm has provided comprehensive civil engineering services for site planning and site work, survey, design, utilities, permitting, bid phase assistance, and construction phase services. Streets Design/Streetscape. Kimley-Horn engineers have developed plans, specifications, and estimates (PS&E) for more than 4,000 miles of roadway, including interstate highways, state highways, highway interchange structures, urban arterials, Kimley-Horn and Associates, Inc. -25- x.erience and Technica Competenc- O b7 SD Dien ues 8A01j UOW3 aplsuazop peg sl,e3 c (.4UGyit'i' UGd11V iU'JuibeJ• Q1N 9VC11411S Jolasuuo3 ua',yenyena e011u03 a" 1.tooyugUfilaN II(] (]butocd. 4�G 1 '1%2 !. J leu0.11N; d'sl- anuatpueplbiy' 1,eta:ay,I8 )O S/ g' 1,eoy dageA asfpeled *had UOAOJ 83 edsewledso/ NJE'd ilegtuy� % anla�; eatua3 3inl3 uolyeaoloy syaoh; aggrEd, enuan� uoSPJ 9j' uo.yeooIEa saaotJ, ailGnd anuanr tenoUH 101Z uo:y�aso�ay sN,iot,n, ongnd aopwo3, lllunmu;u) ijft 1apwa3, h;I;mu.woS anua:'d p; s1 s onuact afpgoo3' 44 44 44 4, 4 44 4 4,4- 44 4 4 4 4 4 4- 4• 4- 4 4 4- 4 4 4. 4- + 4 + 4 4 4 4 4- 4 4 4 4, 4 4 4. 4 4 .4 4 4. 4 4.4-4 4,4 4.44 44.4 44 4 4 4. 4• 44.4 44. 4444 4 4 ♦ 4 4 44 4 444444 4444 4 4 44,4.4.4 444.4- 4 44444 4.4- 4-44 4.4 44.444 F • 4- f 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 44 4.44.4 4 4 4 4 444. 4 4 4♦ 4♦ 4 4. 4 4 4 4 4 4 4 4'44 4 4 4 4 4 4 4 4 4 4 44 44 4 4 4 4 4 4. 4 4 4 444 4 44 444♦44 4 4' 4 4 4 4 ♦ 4444 4 4 4 4 4- 4, 4 ♦ 4 4 4 + 4 4 4 4 ♦ 4 444,4 ♦ 4 4 ♦ 4 4 4♦4 4.4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 44444 4 4444444 44, 4 44 4♦ 4-4 4 ♦44 44 ♦♦ 4♦♦♦4>4.4 44 ♦♦44.44 4♦♦♦ -26- KHA FEE SCHEDULE -27- KIMLEY-HORN AND ASSOCIATES, INC. HOURLY RATE SCHEDULE Effective April 1, 2014 for the duration of the contract (up to three years) PRINCIPAL/SR. TECHNICAL ADVISOR $240.00 SENIOR PROFESSIONAL $185.00 PROFESSIONAL $165.00 ANALYST $135.00 SENIOR DESIGNER $150.00 DESIGNER/TECHNICIAN/CADD OPERATOR $125.00 PROJECT ADMINISTRATION $125.00 SUPPORT STAFF $85.00 -28- SUBCONSULTANT FEE SCHEDULES -29- AQCS Environmental Hourly Rate Professional Services - $110 Per Hour -30- BENDER ❖ DEAN ENGINEERING Consulting Engineers 438 Camino Del Rio South • Suite 217 • San Diego, CA 92108 • Ph: 619-704.1900 • Fax: 858-427-1608 SUBJECT: 2014 Schedule of Charges DATE: January 1, 2014 The following is the schedule of Hourly Billing Rates: Principal Engineer $160.00/Hour Senior Engineer $140.00/Hour Engineer $110.00/Hour Designer $90.00/Hour Drafting $70.00/Hour Clerical $60.00/Hour All costs for reproduction are invoiced on a direct cost basis, plus 15%. Mileage is invoiced at 58.54 per mile. M:\Proposals\Hourly Rates Schedule\Fees - Hourly 2D14.doa -31- THE ENGINEERING PARTNERS, INC CONSULT)NG ENGINEERS 9565 WAPLES STREET, SUITE 100 SAN DIEGO, CA 92121 (858) 824-1761 FAX (858) 824-1768 FEE RATE SCHEDULE Rate Category Hourly Rate Principal $175 Project Manager $145 Staff Engineer $125 Designer $110 Drafting $ 80 Administrative $ 65 -32- Leighton 2013 PROFESSIONAL FEE SCHEDULE CLASSIFICATION Project Administrator /Word Processor Dispatcher Technician I Technician II / Special Inspector Senior Technician / Inspector Non -Destructive Testing (NDT) (ANSI) Information Specialist Prevailing Wage (Building / Construction Inspector) * Prevailing Wage (Field Soils Tester) * System Operation & Maintenance Specialist CAD Operator * See Prevailing Wages in Terms and Conditions $IHR CLASSIFICATION 72 Deputy Grading Inspector 72 Field/Laboratory Supervisor 84 GIS Specialist Staff Engineer/Geologist/Scientist Senior Staff Engineer/Geologist/Scientist Operations/Laboratory Manager Project Engineer/Geologist/Scientist Senior Project Engineer/Geologist/Scientist Associate 84 84 90 99 104 104 104 104 Principal Senior Principal $IHR 108 117 117 117 131 149 149 171 189 203 243 GEOTECHNICAL LABORATORY TESTING METHOD $/TEST CLASSIFICATION & INDEX PROPERTIES Moisture Content (ASTM D 2216) Moisture & Density (ASTM D 2937) ring samples Moisture & Density (ASTM D 2937) Shelby tube or cutting Atterberg Limits (ASTM D 4318) 3 points: - single point, non -plastic -Atterberg Limits (Organic ASTM D 2487 / 4318) -Visual classification as non -plastic (ASTM D 2488) Particle Size - sieve only 1 %" to #200, (ASTM D 6913/CTM 202) - large sieve - 6" to #200 (ASTM D 6913/CTM 202) - hydrometer only (ASTM D 422) -sieve + hydrometer (53" sieve, ASTM D 422) Dispersive Characteristics of Clay Soil (double hydrometer, ASTM D 4221) Specific Gravity -fine (passing #4, ASTM D 854/CTM 207) Specific Gravity -coarse (ASTM C 127/CTM 206) > #4 retained - Total Porosity - on Shelby tube sample (calculated from density & specific gravity) -Total Porosity - on other sample Photograph of sample Shrinkage Limits (Wax Method, ASTM D 4943) Pinhole Dispersion (ASTM D 4647) Percent Passing #200 Sieve, wash only (ASTM D 1140) As -Received Moisture & Density (chunk/carved samples) Sand Equivalent (ASTM D 2419/CTM 217) COMPACTION & PAVEMENT SUBGRADE TESTS Relative Compaction of Untreated & Treated Soils & Aggregates (CTM 216) Relative Density (0.1 ft3 mold, ASTM D 4253, D 4254) California Bearing Ratio (ASTM D 1883) -3 point -1 point R-Value (CTM 301) Untreated R-Value (CTM 301) Lime or cement treated soils Standard Proctor Compaction, (ASTM D 698) 4 points: -4 inch diameter mold (Methods A & B) -6 inch diameter mold (Method C) 2013 R4:16 -10 220 245 65 45 45 90 130 70 30 70 245 65 SHEAR STRENGTH Pocket Penetrometer 15 Direct Shear (ASTM D 3080, mod., 3 points) 155 -Consolidated Undrained - 0.05 inch/min (CU) 285 10 -Consolidated Drained - <0.05 inch/min (CD) 345 126 Residual Shear EM 1110-2-1906-IXA 50 210 (price per each additional pass after shear) 70 Remolding or hand trimming of specimens (3 points) 90 60 Oriented or block hand trimming (per hour) 65 105 Single Point Shear 105 Torsional Shear (ASTM D 6467 / ASTM D 7608) 820 CONSOLIDATION & EXPANSIONISWELL TESTS Consolidation (ASTM D 2435) 195 235 -Each additional time curve 45 - Each additional load/unload w/o time reading 40 500 Expansion Index (ASTM D 4829) 130 185 Swell/Collapse — Method A (ASTM D 4546-A, up to 290 310 10 load/unloads w/o time curves) 340 Single Load Swell/Collapse - Method B (ASTM D 4546-B, 105 seat, load & inundate only) $20 30 40 150 85 180 10 METHOD $/TEST Modified Proctor Compaction (ASTM D 1557) 4 points -4 inch diameter mold (Methods A & B) -6 inch diameter mold (Method C) Check Point (per point) SOIL CHEMISTRY & CORROSIVITY pH Method A (ASTM 4972 or CTM 643) Electrical Resistivity — single point — in -situ moisture Minimum Resistivity 3 moisture content points (ASTM G 187/CTM 643) 135 pH + Minimum Resistivity (CTM 643) 175 Sulfate Content - Gravimetric (CTM 417 B Part II) 110 Sulfate Screen (HACH kit) 185 Chloride Content (AASHTO T291/CTM 422) 90 Corrosion Suite: minimum resistivity, sulfate, chloride, pH (CTM 643) 125 Organic Matter Content (ASTM 2974) 100 165 250 180 215 PAGE 1 OF 4 www.leightongroup.com -33- Leighton Fee Schedule METHOD TRIAXIAL TESTS Unconfined Compression Strength of Cohesive Soil (with stress/strain plot, ASTM D 2166) Unconsolidated Undrained Triaxial Compression Test on Cohesive Soils (USACE Q test, ASTM D 2850, per confining stress) Consolidated Undrained Triaxial Compression Test for Cohesive Soils, (ASTM D 4767, CU, USACE R-bar test) with back pressure saturation & pore water pressure measurement (per confining stress) Consolidated Drained Triaxial Compression Test (CD, USACE S test, with volume change measurement. Price per soil type below EM 1110-2-1906(X): -Sand or silty sand soils (per confining stress) -Silt or clayey sand soils (per confining stress) - Clay soils (per confining stress) -Three-stage triaxial (sand or silty sand soils) - Three-stage triaxial (silt or clayey sand soils) -Three-stage triaxial (clay soils) Remolding of Test Specimens $ITEST METHOD $ITT-- HYDRAULIC CONDUCTIVITY TESTS 135 Triaxial Permeability in Flexible -Wall Permeameter with 310 backpressure saturation at one effective stress (EPA 17D 9100/ASTM D 5084, falling head Method C) -Each additional effective stress 120 -Hand trimming of soil samples for horizontal K 60 375 Remolding of Test Specimens 65 Permeability of Granular Soils (ASTM D 2434) 135 SOIL -CEMENT Moisture -Density curve for Soil -Cement Mixtures 240 (ASTM D 558) Wet -Dry Durability of Soil -Cement Mixtures 1,205 375 (ASTM D 559)' 500 Compressive Strength of Molded Soil -Cement Cylinders 60 705 (ASTM D 1633) per cylinder' 655 Soil -Cement Remolded Specimen (for shear strength, 235 875 consolidation, etc.)' 1,235 ' Compaction (ASTM D 558 maximum density) should 65 also be performed — not included in above price CONSTRUCTION MATERIALS LABORATORY TESTING TECHNICIAN SERVICES $/UNIT Pick-up & Delivery — (weekdays, per trip, <50 mile radius 85 from Leighton office) METHOD $!TEST CONCRETE STRENGTH CHARACTERISTICS Concrete Cylinders Compression (ASTM C 39) (6" x 12") 25 Compression, Concrete or Masonry Cores (testing only) 40 56" diameter (ASTM C 42) Trimming concrete cores (per core) 20 Flexural Strength of Concrete (Simple Beam with 3rd pt. 85 Loading, ASTM C 78/CTM 523) Flexural Strength of Concrete (simple beam w/ center 85 point loading, ASTM 293/CTM 523) Mix Design, (review of existing data) 215 Non Shrink Grout Cubes (2" 3, ASTM C 109/C 1107) 25 Drying Shrinkage (four readings, up to 90 days, 3 bars, 400 ASTM C 157) ASPHALT CONCRETE (HMA) Extraction by Ignition Oven, percent asphalt (ASTM D 6307/CTM 382) Extraction by Centrifuge, percent asphalt (ASTM D 2172) Gradation of Extracted Aggregate (ASTM D 5444/CTM 202) Stabilometer Value (CTM 366) Bituminous Mixture Preparation (CTM 304) Moisture Content of Asphalt (CTM 370) Bulk Specific Gravity — Molded Specimen or Cores (ASTM D 1188/CTM 308) Maximum Density - Hveem (CTM 308) Theoretical Maximum Density and Specific Gravity of HMA (CTM 309) Ignition Oven Correction/Correlation Values Thickness or Height of Compacted Bituminous Paving Mixture Specimens (ASTM 3549) Rubberized Asphalt (add to above rates) 2013 R4.16 -10 METHOD $/TEST AGGREGATE PROPERTIES Sieve Analysis (fine & coarse aggregate, ASTM C 136/ 135 CTM 202) with (finer than #200, Wash, ASTM C117) LA Rattler -smaller coarse aggregate <1.5" (ASTM C 131) 200 LA Rattler -larger coarse aggregate 1-3" (ASTM C 535) Durability Index (CTM 229) Cleanness Value of Coarse Aggregate (CTM 227) Unit Weight of Aggregate (CTM 212) 50 Soundness Magnesium (ASTM C 88) 225 Soundness Sodium 650 Uncompacted Void Content -fine aggregate (CTM 234) 130 Flat & Elongated Particles in Coarse Aggregate 215 (CTM 235) Percent of Crushed Particles (CTM 205) 135 Organic Impurities in Concrete Sand (CTM 213) 60 Specific Gravity — coarse aggregate (CTM 206) 100 Specific Gravity - fine aggregate(CTM 207) 125 Apparent Specific Gravity of Fine Aggregate (CTM 208) 130 150 Moisture Content of Aggregates by Oven Drying (CTM 40 6) 150 Clay Lumps, Friable Particles (ASTM C 142) 175 MASONRY Mortar Cylinders (2" by 4", ASTM C 780) 25 Grout Prisms (3" by 6", ASTM C 1019) 25 Masonry Cores Compression, 56" diameter (testing only, 40 ASTM C 42) CMU Compression to size 8" x 8" x 16" (3 required, 45 ASTM C 140) 130 CMU Moisture Content, Absorption & Unit Weight (6 40 required, ASTM C 140) CMU Linear Drying Shrinkage (ASTM C 426) 175 CMU Grouted Prisms (compression test 58" x 6" x 16", 180 ASTM E 447 C 1314) +25% CMU Grouted Prisms (compression test> 8" x 8" x 16", 250 ASTM E 447 C 1314) Masonry Core -Shear, Title 24 (test only) 135 265 80 60 55 200 quote 40 www.Ieightongroup.com PAGE 2 OF 4 -34- Leighton I Fee Schedule METHOD $ITEST BRICK Compression (5 required, cost for each, ASTM C 67) 40 SLAB -ON -GRADE MOISTURE EMISSION KIT Moisture Test Kit (excludes labor to perform test, 60 ASTM E 1907) REINFORCING STEEL Rebar Tensile Test, Up to No. 10 (ASTM A 370) Rebar Tensile Test, No. 11 & over (ASTM A 370) Rebar Bend Test, Up to No. 11 (ASTM A 370) 45 100 45 METHOD STEEL Tensile Strength, 5100,000 pounds axial load (ASTM A 370) Prestressing Wire, Tension (ASTM A 416) Sample Preparation (cutting) SPRAY APPLIED FIREPROOFING Unit Weight (Density, ASTM E 605) $/TEST 45 150 50 60 1/4" Grab Plates 1/4" Tubing (bonded) 1/4" Tubing (single) 3/8" Tubing, clear vinyl 4-Gas Meter (RKI Eagle or Similar) Air Flow Meter and Purge Pump (200 cc/min) Box of 10 soil drive -sample rings Brass Sample Tubes Caution Tape (1000-foot roll) Combination Lock or Padlock Compressed air tank and regulator Concrete coring machine (6-inch-dia) Consumables (gloves, rope, soap, tape, etc.) Core Sample Boxes Crack monitor Cutoff Saws, reciprocating, electric (Saws All) Disposable Bailers Disposable Bladders Dissolved Oxygen Meter DOT 55-gallon containment drum with lid Double -ring Infiltrometer Dual -Stage Interface Probe Field Vehicle Usage GEM 2000 Generator, portable gasoline fueled, 3,500 watts Global Positioning System (GPS) Hand Auger Set HDPE Safety Fence Horiba U-51 Water Quality Meter In -Situ Level Troll 500 (each) In -Situ Troll 9500 low flow water sampling equipment EQUIPMENT, SUPPLIES & MATERIALS $/UNIT 5 0.55 0.35 0.55 120 50 25 10 20 11 50 150 35 11 25 75 12 10 45 65 125 80 5 130 90 80 90 40 135 90 150 ea foot foot foot day day day each each each day day day each each day each each day each day day hour day day day day roll day day day Lockable Equipment Box Magnahelic Gauge Manometer Mileage Nitrile Gloves Nuclear Moisture and Density Gauge Pachometer pH/Conductivity/Temperature Meter Photo -Ionization Detector (PID) Pump, Typhoon 2 or 4 stage QED Bladder Pump w/QED control box Resistivity Field Meter & Pins Service Vehicle Usage Slip / Threaded Cap, 2-inch or 4-inch diameter, PVC Schedule 40 Slope Inclinometer Soil Sampling T-handle (Encore) Soil Sampling Tripod Stainless Steel Bailer Submersible Pump, 10 gpm, high powered Grunfos 2-inch with controller Submersible Sump/Transfer Pump, 10-25 gpm Survey/Fence Stakes Tedlar® Bags Traffic Cones (525)/Barricades (single lane) Turbidity Meter Tyvek® Suit (each) Vapor Sampling Box VelociCalc Visqueen (20' x 100') Water Level Indicator (electronic well sounder) <300 feet deep well Other specialized geotechnical and environmental testing & monitoring equipment are available, and priced per site $!UNIT 15 day 15 day 25 day IRS rate/mile 20 pair 88 day 25 day 55 day 110 day 50 day 160 day 50 day 150 day 15 each 50 day 10 day 35 day 40 day 160 day 50 day 8 each 18 each 50 day 70 day 18 each 45 day 35 day 100 roll 60 day 2013 R4:16 -10 PAGE 3 OF 4 www.leightongroup.com -35- Leighton I Fee Schedule TERMS & CONDITIONS [ Prevailing Wages: Our fees for prevailing wage work are subject to change at any time based upon the project advertised date, and changes in California prevailing wage laws or wage rates. Prevailing wage time accrued will include portal to portal travel time. [ Expiration: For all classifications except those subject to prevailing wage, this fee schedule is effective through December 31, 2013 after which remaining work will be billed at then -current rates. [ Overtime: Overtime for field personnel will be charged at 1.5 times basic hourly rates when exceeding 8 hours up to 12 hours per 24 hour interval, and 2 times basic hourly rates when exceeding 12 hours in 24 hours or on Sunday, and 3 times basic hourly rates on California official holidays. ▪ Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed on the previous pages, with a minimum charge of four hours per day. ▪ Minimum Hourly Charges: For Field Technician Special Inspectors or Material Testing Services: 4 hours: Cancellation of inspections not canceled by 4:00 p.m. on preceding day (No charge if cancellation is made before 4:00 p.m. of the preceding work day.) 8 hours: Over 4-hour working day, or begins before noon and extends into afternoon It Outside Direct Costs: Heavy equipment, subcontractor fees and expenses, project -specific permits and/or licenses, project -specific supplemental insurance, travel, subsistence, project - specific parking charges, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 20%, unless billed directly to and paid by client. [ Insurance & Limitation of Liability: These rates are predicated on standard insurance coverage and a limit of Leighton's liability equal to our total fees for a given project. [ Invoicing: Invoices are rendered monthly, payable upon receipt in United States dollars. A service charge of 1%-percent per month will be charged for late payment. - Proposal Expiration: Proposals are valid for at least 30 days, subject to change after 30 days; unless otherwise stated in the attached proposal. [ Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and/or hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. ▪ Earth Material Samples: Quoted testing unit rates are for soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazarc materials will be returned to the site or the owner's designated representative at additional cost not included in listed unit rates. Standard turn- around time for geotechnical-laboratory test results is 10 working days. Samples will be stored for 2 months, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in the United States. There may be additional cost for handling imported samples. It Construction Material Samples: After all designated 28-day breaks for a given sample set meet specified compressive or other client - designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28-clay break. All other construction materials will be disposed of after completion of testing and reporting. 2013 R4:16 -10 PAGE 4 OF 4 www.leightongroup.com -36- PCG UTILITY CONSULTANTS, INC 2014 - 2016 RATE SCHEDULE The following fee schedule represents average hourly rates for each work category and will be used in determining applicable fees for work performed by PCG personnel unless otherwise indicated in the contract agreement: DESCRIPTION HOURLY RATES Principal $ 187.00 Engineer 155.00 Senior Designer / Drafter Supervisor 106.00 Utility System Designer 85.00 Drafter 68.00 Project Analyst 60.00 Note: Hourly billing rates include: base salaries, overheads, and profits and are exclusive of reimbursable or other expenses. Fee Schedule, Revised 12-15-13 -37- Platt/Whitelaw Architects Inc. PROFESSIONAL RATES 01/01/2014 Category 2014 Hourly Rate Pr;ncipal Architect $201.00 Project Manager $154.00 Project Architect $141.00 Architect $128.00 Spec Writer $121.00 Project Coordinator $102.00 CAD Tech 1 $93.00 CAD Tech 2 $73.00 Clerical $62.00 Reimbursable Expenses Direct Costs are invoiced at 1.10 x actual cost: • Printing & Plotting associated with submittals • Shipping and delivery costs • Parking charges • Film & Photo Processing Mileage reimbursement is invoiced at IRS current rate per mile. PLATTIWHITELAW ARCHITECTS, INC. Alison M. Whitelaw, FAIA SENIOR PRINCIPAL Sandra S. Gramley, AIA PRINCIPAL Naveen H. Waney PRINCIPAL Kenneth E. Green, AIA SENIOR ASSOCIATE Rebecca S. M. Grijalva ASSOCIATE 4034 30th Str San Diego, 92104.26 ph 619 546 4326 fax 619 546 4350 www. pl attwhite law.com -38- SAMPO ENGINEERING, INC. Page 1 of 2 Fee Schedule Land Surveying Services Principal Land Surveyor ..$170.00/hr One Person Survey Crew** $177.00/hr Two Person Survey Crew** $285.00/hr Three Person Survey Crew** .$375.00/hr Office Calculations/Mapper $130.00/hr Drafter $80.00/hr Technical Typist/Office Assistant ..$60.00/hr Civil Engineering Services Principal Engineer $170.00/hr Project Engineer ...$130.00/hr Senior Designer ..$120.00/hr Designer $100.00/hr Drafter ...$80.00/hr Technical Typist/Office Assistant .$60.00/hr ** Indicates Prevailing Wage Rate 171 Saxony Road, Suite 213 Street • Encinitas, CA 92024 ♦ phone: 760-436-0660 • fax: 760-436-0659 info@sampoengineering.com -39- Page 2 of 2 Fee Schedule (cont) Reimbursable Expenses Vehicle Mileage...$0.56 per mile to and from project sites and during the course of work. In House Plotting on HP Designiet 500 81/z" x 11" Bright White Bond.$2.00 per sheet 11" x 17" Translucent Bond.. 11" x 17" Bright White Bond. 11"x 17"Mylar (4 mil) .. 24" x 36" Translucent Bond.. 24" x 36" Bright White Bond. 24" x 36" Mylar (4 mil) 36" x 42" Translucent Bond.. 36" x 42" Bright White Bond. 36" x 42" Mylar (4 mil) .$2.00 per sheet .$2.00 per sheet $20.00 per sheet .$5.00 per sheet .$5.00 per sheet .$60.00 per sheet .$8.00 per sheet .$8.00 per sheet .$100.00 per sheet In House Copies on Canon MFB 530 8%z" x 11" Bond $0.10 per page 11" x 17" Bond ...$0.50 per page In House Binding on Combind C110e 1-25 pages $10.00 26-50 pages .$15.00 51-100 pages $25.00 100 + pages .$35.00 Note: Out sourced reimbursable expenses such as printing and reproductions, deliveries, and overnight services, computerized plotting, materials, shipping, postage, etc., will be charged to the client at the consultants cost without mark-up. -40- Michael Wallwork, Roundabout Expert Hourly Rate, Professional Services - $165 Per Hour -41- SUBCONSULTANT BIOS -42- 3/14/2014 AQCS Environmental - About Us environmental About Us Scott Storms, the owner of AQCS, is a former San Diego Air Pollution Control District Inspector. Before that, Scott worked in academic research, including a stint as an oceanographer with Scripps Institution of Oceanography. He brings a highly structured approach to environmental management that has been very successful in reducing violations and fines. Click here to see Scotts CV. Derryl Hadley is the operations manager for AQCS Environmental. He also conducts compliance audits for retail gasoline facilities. Derry( comes to the company with an extensive business and banking background. Derry( also has environmental compliance experience; from his prior stint as an environmental compliance auditor for AQCS Environmental from 2002 to 2005. Joshua Jones joined AQCS in January of 2013 as our newest Field Compliance Consultant. He has 14 years of experience providing technical services and management for fuel dispensing facilities. In addition, he has the following licenses and certifications: ICC certified in VT, VI, UC and UT classifications State of California Division of Measurement Standards licensed service agent • Franklin Fueling/Healy certified Rebecca Watkins joined AQCS in January of 2014. She works on special projects with an emphasis on stormwater compliance and CERS account management. She is working towards her Master's degree in Public Health from San Diego State University (SDSU) with a focus on Environmental Health, and is conducting research on exposure of grounds crew maintenance workers and pedestrians to Particulate Matter (PM) due to the use of leaf blowers on SDSU campus and in the city of National City. Previously Rebecca has worked with water availability issues facing the desert region of Phoenix, Arizona while she was earning her Bachelor of Science degree from Arizona State University (ASU). She worked with the Decision Center for a Desert City investigating the role that homeowners associations (HOAs) played in water usage of residential homes for landscaping purposes. She examined documents governing HOAs and the built environment to study usage of water and stormwater runoff. She has also held a position as a laboratory assistant working with soil nitrogen levels while studying at ASU. http://www.aqcs-environrnantal.com/About-Uslitrri 1/2 -43- BENDER ❖ DEAN ENGINEERING Consulting Engineers 8304 Clairemont Mesa Blvd. • Suite 209 • San Diego, CA 92111-1315 • Ph: 858-427-1690 • Fax: 858-427-1608 Bender + Dean Engineering Company Profile With over thirty years of experience in San Diego, the engineers at Bender Dean Engineering are committed to providing exceptional engineering HVAC and plumbing systems for municipal, educational, historical and recreational facilities. Our engineers understand the sensitive indoor air quality issues and design systems to provide healthy, comfortable buildings. Our relationships in San Diego County are maintained by our level of commitment and by our ability to provide innovative, energy efficient designs delivered on time and on budget. We have experience with commercial and municipal buildings, vehicle maintenance facilities, telephone equipment buildings, laboratories, office buildings, historic buildings, libraries, museums, educational facilities, recreational/community centers. Our well rounded experience allows us the knowledge to tackle any type of project with varying complexities. We are able to provide systems that are complex and require detailed understanding of the owners needs and requirements. Our services include Heating, Ventilating, and Air Conditioning Design, Plumbing Protection Design, Energy Conservation Analysis, Studies, System Trouble -shooting, Construction Observation, and Management, Fuel Tank Design and Replacement, and Forensic Engineering and Research. City of San Diego Projects: • Sherman Heights Community Center ADA • Oak Park Library - ADA Barrier Removal • San Carlos Library Removal of ADA Barriers • Santa Clara Rec Center ADA Improvements • Balboa Park Hall of Nations ADA • Timken Museum Removal of ADA Barriers • Museum of Man Removal of ADA Barriers • Casa De Balboa Removal of ADA Barriers • Montgomery Field ADA Improvements • Brown Field ADA Improvements • La Jolla Cove Lifeguard Station • Silverado Ballroom Restoration • Allied Gardens Pool ADA Upgrade • City Administration Building loth and 3rd Floors • View Point Plaza - Environmental Services ADA Improvement • North Crown Point Comfort Station Replacement • Colina Star Pal ADA Improvements • Chollas Water Operations Facility Bridging Documents • Villa Montazuma Historic House Museum • La Colonia Community Center • Silverwing Park ADA Improvements • Ruocco Park • Autumn Park Restrooms -44- Firm Profile The Engineering Partners, Inc. (EPI) is an electrical engineering consulting firm located in San Diego, Califomia with a workforce of 25 employees. EPI is a Minority Business Enterprise (MBE), Small Business Enterprise (SBE) and a participant in the Small Business Administration's 8(a) program. EPI has extensive experience in the rehabilitation and upgrade of systems and devices within existing structures and complexes, and the design of new systems and devices within and for buildings; including building utilities, engineering studies, site lighting; and in various Design -Build projects which include the preparations of RFP's for Design/Build contracting and the preparation of 1391 planning documents. Most notable recent and current projects include the design and installation of ground -mount and rooftop Photo Voltaic Systems as part of new construction and as part of rehabilitation of older structures, ensuring their compliance with utility regulations and the California Solar Initiative. EPI is particularly well experienced in all phases of preparing plans, specifications, reports, analysis and cost estimating for electrical systems, photovoltaic systems, schematic design, Instrumentation & Control Engineering, electrical infrastructure upgrades, switchgear (5kV, 15kV, and 480V), wiring control systems, high and low voltage power distribution, motor protection, industrial control systems, fire alarm, telecommunications and data systems, coordination studies, short circuit and load flow analysis, and utility assessments. Our firm also provides expertise in the "Applicant Design" program through San Diego Gas & Electric. As a LEED Certified Consulting Engineering firm, EPI provides Green Building Designs which are energy efficient and environmentally responsible. Energy efficiency with reasonable capital cost is achievable through creative engineering. Sustainable and practical alternatives must be considered during conceptual design. Early integration of sustainable design elements assures a balance between cost and application. Our systems approach to design assists the client in project related decision -making. EPI strives to provide our clients with superior quality and value through a commitment to client satisfaction, professional expertise, budgetary considerations, schedule adherence, regulatory compliance, and integrity in our business practices. It is our mission to provide the highest quality of electrical engineering consulting services to our clients. TIERMILOVAIMIE I 9565 Waples Street, Suite 100 Q San Diego, California 92121 1 (858) 824.1761 -45- •i Leighton Consulting, Inc. (Leighton), a California corporation founded `� in 1961, provides geotechnical and material testing and inspection services to public agencies in southern California. project experience ranges from new and improvements of local roads and alignments with Leighton Consulting. Inc. landscape and mobility improvements; community centers, fire A 1f18NPoN GROUP COMPANY stations, parks, recreation centers, and a variety of other facilities; and a variety of projects throughout southern California. Leighton develops pertinent geotechnical explorations to define the geologic properties, evaluate the subsurface conditions with respect to the proposed project, and provide geotechnical recommendations for design and construction. Leighton has provided geotechnical and geoenvironmental services within National City over a period of nearly 30 years. Our most recent activities within the site area were performed for the recently completed National City Streetscape Improvement project between Division Street and 12th Street. Through our participation with the South County Economic Development Council and their Transportation and Infrastructure Committee, we continue to be actively engaged in efforts to improve the prosperity of the community. We also have experience specific to pavement issues, including pavement design, use of rubberized asphalt in pavements, and the use of recycled materials. The Leighton team is also very experienced in the design and construction observation and testing of underground utilities within existing or new alignments and also with roadway improvements or rehabilitation. With our prior work experience within Cities throughout the San Diego region and with Caltrans, we are familiar with the permitting procedures necessary to perform subsurface exploration with the public right-of-way and the design procedures for public improvements that are unique to each agency. We operate laboratories throughout southern California, including San Diego, with an extensive inventory of equipment and cross -trained staff that can handle many types of samples and tests. Leighton's laboratory has been audited and approved by, Caltrans, AASHTO, City of San Diego, DSA, and NICET. Environmental Leighton has provided environmental assessment and remediation services to clients for 53 years. Our approach is based on the experiences of our firm and project team working with, and under, the regulations of the City, County and State. Leighton has an established, strong local presence in San Diego and is intimately familiar with local geology/hydrogeology, regulatory and political constraints. Our local staffing provides timely and cost- effective services to our San Diego clients. As an environmental consultant to National City Community Development Commission (the "CDC"), the Leighton Team will work as an extension of your staff, providing technical expertise in a diverse range of services. Our strategic plan is based on the experiences of working with in the County of San Diego area for 35 years. All work will be performed in accordance with applicable and appropriate federal, state, and local agency guidelines, rules, regulations, and criteria, including the current County of San Diego -Department of Environmental Health's (SD-DEH) Site Assessment and Mitigation (SAM) Manual. -46- PCG U :.►1 OW.S LTAta1'S, INC "mory*KO ,NNO)AsrkbNS 9OuAY.. 5'2 060,, c ookittlC PCG Utility Consultants, Inc., (PCG) is a professional dry utility consulting engineering firm that specializes in gas, electric, telephone, cable television, fiber optics, and lighting utility systems. Our work product includes design, engineering, coordination, strategic planning, pothole management, and related construction management services for public and private sector building, transportation, and improvement projects. We have been in business for over thirty-five years and have saved our private and public sector clients millions of dollars in utility construction cost and fees by applying Value Engineering principles through design on all aspects of the design and construction process. We evaluate every project individually for all possible areas of cost savings where dry utility systems must be removed, relocated, undergrounded, and new systems installed. Our highly experienced and efficient staff is experts on federal, state, and local public agency laws, tariffs, codes, franchise agreements, case law, and ordinances, and works as a cohesive team to assist the project owner and design team to achieve a thorough understanding of a project's dry utility requirements. From the initial review of local utility records; to developing accurate existing condition plan, including pothole management services; through planning and engineering phases; to final utility contracts and construction management services, PCG's main emphasis is to deliver accurate information, concurrent planning with design team's efforts and real cost savings. Our services are especially important to design and design -build teams since historically dry utilities represents the one aspect of projects in which design and engineering control is solely in the hands of local utilities. As a result, the team must wait for utilities to dictate and supply critical information that can negatively affect the project's design and cost. With PCG as the project's dry utility consultant, critical design and engineering information is immediately available to the design team and the most practical and cost effective designs are applied to projects. PCG is certified as Small, Woman, Minority, Disadvantage, and Under Utilized Business Enterprise by the states of Arizona, California, Missouri, New Mexico, New York, and Oregon. Project Management: Mary Ann Watson Bobby Johnson President Operations Administration Company Contact Information: PCG Utility Consultants, Inc. 3911 North Cordoba Avenue, Suite B Spring Valley, CA 91977 Phone: (619) 660-1355 Fax: (619) 660-1372 E-Mail: admineoroconoo.com Webpage: www.oroconap.com -47- FIRM PROFILE YEARS IN BUSINESS AND COMPANY Platt/Whitelaw Architects, Inc. is a full -service architectural practice doing business in San Diego for 34 years. We are a State of California C-Corporation, and state -certified Small Business Enterprise (SBE). In addition, we are a California Woman Business Enterprise (WBE). HISTORY AND OWNERSHIP Incorporated in 1979 as Platt/Peterson Architects, Inc. The firm became Platt Architects, Inc. in 1982. Following the death of owner Lee Platt, iownership transferred to Alison M. Whitelaw, FAIA in 1991. The firm name changed to Platt/Whitelaw Architects, Inc. in 1992. Sandra Gramley and Naveen Waney were added as Principals in 2010. The firm is dedicated to public work, and has developed expertise in meeting the needs of public agencies including strict observation of schedule and budgetary constraints. NUMBER OF EMPLOYEES (15 TOTAL): • 1 Architect of Record • 5 Registered Staff Architects CLIENTS SERVED INCLUDE: • Alliant University • Cal Western School of Law • City of Huntington Beach • City of Lemon Grove • City of San Diego • City of Santee FACILITY TYPES: • Aquatic • Auditoria • Campgrounds • Childcare Facilities • Churches • Community Centers PROJECT TYPES DESIGNED: • Additions • Historic Preservation • Masterplons SERVICES PROVIDED (partial list): • Needs assessments • Scoping studies • Peer reviews • Value engineering • Energy Use Analysis • Masterplanning • Space utilization surveys • Programming • 3 Project Coordinators • 2 Administrative Stall • 4 CAD Technicians • 5 LEED Accredited Staff • County of Orange • County of San Diego • Encino' Wastewater Authority • Engineering firms • GSA (Federal) • Grossmont Union HS District • Courtrooms • Fire Stations • Gymnasia • Laboratories • Libraries • Maintenance & Ops Cntrs • Modernizations • New Facilities • Remodeling/Renovation • SDSU Associated Students • SD Unified School District • Port of San Diego • US Postal Service • UCSD • YMCA • Park & Recreation Centers • Post Offices • Public Administration Bldgs • Schools (Preschool-12) • Water/Wastewater • Universities • Site Plans • Sustainable, CHPS, LEED • Tenant Improvements • Feasibility studies • • Acoustical study/abatement • • Community review facilitations • • Public presentations • • Design/build bridging docs • • Sustainable design • • LEED consultation/certification • • Architectural Design • Construction documents Permitting and approvals Bidding support Construction phase support Project close-out Record documentation Commissioning Post -commissioning follow-up DUNS: 05661 1742 / Cage Code: OCYF7 / NAICS Architectural Design and Consultotlon. 541310 / WSBE: California Small Business WBE: Caltransceriified \NBE 15288 / WOSB U.S. SBA PLATT/WHITELAW ARCHITECTS, INC. -48- ;SAMPO ENGINEERING, INC. City of National City On -Call Project Support Services for Capital Improvement Program Business Name and Address Sampo Engineering, Inc. 171 Saxony Road, Suite 213 Encinitas, CA 92024 Corporation Sampo Engineering, Inc, has been an S Corporation since 2002. The business is one hundred percent owned and operated by Vincent Sampo, President and Native American member of the Juaneno Band of Mission Indians, tribal member no. 4383. Business Address for Project Sampo Engineering, Inc. 171 Saxony Road, Suite 213 Encinitas, CA 92024 Primary Point of Contact Vincent Sampo, Project Manager Sampo Engineering, Inc. 171 Saxony Road, Suite 213 Encinitas, CA 92024 760-436-0660 ext. 10 760-436-0659 fax vinceAsampoengineering.com Team Organization and Key Personnel Vincent Sampo- Project Manager, RCE No. 44173, PLS 7655 Farid Dost-Project Engineer, RCE 81086 Dallas Buckner -Civil Designer, Survey Instrument Man, EIT 147110 Gary Christianson -Survey Party Chief -49- Experience and Technical Competence Sampo Engineering, Inc. (SEI) is a private Land Surveying and Civil Engineering DBE/UDBE consulting firm located in the City of Encinitas, California. SEI has specialized in public works and land development projects throughout San Diego County for over twenty eight years. SEI offers a variety of professional consulting services including: Surveying Topographic Surveys Right -of- Way Surveys Construction Staking Property Boundary Surveys Monitoring Well Surveys Mapping Right -of -Way Assessments Easement Documents Corner Records Records of Survey Subdivision and Parcel Maps Boundary Adjustments Civil Engineering Grading and Drainage Plans Improvement Plans Erosion Control and BMP Plans Storm Water Quality Reports Hydrology and Hydraulics Land Planning Feasibility Studies Planning Studies Tentative Maps Discretionary Processes Tentative Parcel Maps Exhibits/Presentations SEI uses the latest version of Civil 3-D software from Autodesk for computer aided design and drafting to generate engineering drawings and survey maps. For field surveys, GPS and robotic total station instruments with data collection devices are used. SEI is certified as a Small Business Enterprise (SBE) with the State of California, Department of General Services, a Disadvantaged Business Enterprise (DBE) and Underutilized Disadvantaged Business Enterprise (UDBE - Native American owned) with the California Department of Transportation. We are also certified with the U. S. Small Business Administration program as an 8(a) firm. Our reputation as one of the favored UDBE land surveying and civil engineering firms in San Diego County has resulted in recent contract awards for civil engineering and land surveying services for the National City Aerial and Roundabouts, Carlsbad Encinas Power Plant, Camino Del Mar Bridge, North Torrey Pines Road Bridge, City of San Marcos South Lake Park, Araz Road Bridge and the City of Encinitas Balour Drive Street Improvement projects. -50- Recent Project Experience North Torrey Pines Road Bridge, Del Mar, CA Responsible for field surveying lines and grades associated with the reconstruction of the existing bridge under the construction management contract. UDBE subcontractor to TYLIN International. City of National City On -Call Surveying, National City CA Responsible for aerial topography surveys and on -call supplemental conventional surveys of existing parks and streets for future improvements. UDBE subcontractor to Kimley Hom and Associates. Araz Road Bridge, Imperial County, CA Responsible for aerial topography surveys and right-of-way mapping. UDBE subcontractor to TYLIN International. Camino Del Mar Bridge, Del Mar, CA Responsible for civil engineering staging altematives and utilities for the reconstruction of the Camino Del Mar Bridge. UDBE subcontractor to Simon Wong Engineering. City of San Marcos South Lake Park, San Marcos, CA Responsible for public and private water and sewer utility plans and profiles to serve a new city park, restrooms and boat dock. DBE subcontractor to RBF Consulting. City of Encinitas Street Improvements, Encinitas, CA Responsible for designing and drafting public improvement plans for alley and San Elijo Avenue improvements and storm drain. Prime Consultant. Knowledge of Regulations Sampo Engineering, Inc. has over twenty eight years of experience working in cities throughout the county of San Diego. We work under federal and state regulations on a regular basis particularly the Department of Transportation Highway Design Standards, Caltrans Surveying Standards and traffic Control Manuals, the Green Book for Public Works Construction and County Regional Standard Details and Specifications. -51- CALIFORNIA UNIFIED CERTIFICATION PROGRAM DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATE SAMPO ENGINEERING, INC:. 1034 SECOND STREET ENCINITAS. CA 92075 Owner: VINCENT SAMPO Liminess Structure: CORPORATION This certificate acknowledges that said firm is approved by the California Unified Certification Prngram (CIICP) as a Disadvantaged noisiness Enterprise!. (ODE) iig definedby the U.S. Department of Transportation (DOT) CFR 49 Part 26.as may be amended, for thefollowIng NAILS codes: " NAPE'S (ode(s) indicates primary NAIL'S code 541330 Engineering Services 541370 Surveying and Mapping (except Geophysical) Services 221310 Water Supply and Irrigation Systems 237090 Other heavy and Civil Engineering Construction Work Category Code(s) C2065 C8720 CR70 IRRIGATION SYSTEM CTVIL ENGINEERING DRAFTING licenses Civil Engineer CERTIFYING AGENCY: DEPARTMENT OF TRANSPORTATION 1823 term STREET. MS 79 SACRAMENTO. CA 9581 1 0000 (916) 324-1700 LS Land Surveyor 2372 I 0 Land Snbili vision 541360 Gavin sical Surveying and Mapping Services 54134n Drafting Services 5(14in Document Preparation Services .C8711) 076(1 „,i; 'C9,1326 WCNbiRiNG SI IRV ;- ;OR LAN 1RVEVING I ICP Firm Number CU OFFICER 3748x April 1, 2009 It i f policy and objective 10 'wartime and maintain a level plot in- 's-t" for IflW in f atifornin on Ferferat-aid cnntracts. costire nonditterintiontion in the ',wI and udininitoration of 1,.S. DOT iliSiViet Cts hosed im the requirements of 4) CFR Ports 11 and 3ft. Michael J. Wallwork Roundabout Expert My 42 years of experience have included traffic engineering, road construction, transportation design, and traffic calming for a wide range of projects ranging from single intersection design to large-scale road projects that integrate attractive landscaping with pedestrian, bicycle and vehicle facilities. My perspective is that streets and highways are transportation corridors that serve all people and therefore should be designed to benefit motorists, transit, pedestrians, bicyclists, and people with disabilities. I have developed and presented many training courses that include designing for pedestrians, roundabout design, traffic calming and some smaller subjects. Roundabouts My 37 years of roundabout design experience enables me to provide appropriate advice about the feasibility and layouts for successful roundabouts for pedestrians, vehicles, bicyclists, trucks, oversize trucks and emergency vehicles. During this time I have been designed more than 700 roundabouts in Australia, Bahamas, Cayman Islands, Canada, and the US. I have presented more than 1,300 roundabout presentations, 53 roundabout training courses to public sector agencies and commissions, political leaders, and citizens in more than 40 states. Design Charrettes, Community Consensus Building: In keeping with my philosophy of providing community involvement in community projects, I participate in an increasing number of projects that involve building community consensus. In these projects, I provide citizens and processionals with latest design philosophies and opportunities so they can prepare their own designs. Street Design: I have taken the National Main Street Training program and worked with approximately 30 Main Streets in Florida, California, Hawaii, Asheville, NC, Kansas, Missouri, etc. Some notable designs are College Street, Asheville, NC, La Jolla Boulevard, San Diego, CA, Main Street in Zephyrhills, FL and Santa Monica Boulevard, West Hollywood, CA. Traffic Calming My involvement began with in the development of traffic calming in Australia in the early 1970's when traffic calming was a new concept. We developed a community process and traffic calming treatments by trial and error. In the US I have helped over 90 communities prepare traffic calming designs for their neighborhood. Walkable Communities: I assisted in the writing and presentation of 100+ Walkable Community Design courses. Road Diets A number of my road projects have taken four and five lane, signalized roads and converted them to two lane roads with roundabouts and gained significant improvements in operation. Examples include, College Street, Downtown Asheville, NC, La Jolla Boulevard, San Diego, CA, 40th Street University Place, WA, and Route 62 Village of Hamburg, NY. Transit Design As a Traffic Engineer in Melbourne, Australia 1 was heavily in all forms of transit design that included transit priority at intersections, signal coordination with transit priority, extensions of three on -road light rail routes where the light rail was either was in a median or shared a travel lane with motor vehicles. Membership Fellow of the Institute of Transportation Engineers Member Congress for New Urbanism Awards Over the years many of my projects have won awards for places such as , ULI, APA., ASCE, IMCL, APWA, etc. -53- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR A NOT TO EXCEED AMOUNT OF $2,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING AND CONTRACT MANAGEMENT, ARCHITECTURE, LAND SURVEYING, ENVIRONMENTAL COMPLIANCE, ASSESSMENT AND REMEDIATION, GEOTECHNICAL, SOILS AND MATERIALS TESTING, PLAN REVIEWS, CONSTRUCTABILITY REVIEWS, AND COMMUNITY OUTREACH WHEREAS, the Engineering Department issued Requests for Proposals to professional firms to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, project management, engineering and contract management, architecture, land surveying, engineering and contract management, architecture, land surveying, environmental compliance, assessment and remediation, geotechnical, soils and materials testing, plan reviews, constructability reviews, and community outreach; and WHEREAS, 64 responses to the Requests for Proposals were received and reviewed, taking into consideration, among other things, past performance history, knowledge of the environment, the type of services offered, and the cost to the City; and WHEREAS, staff recommends Kimley-Horn and Associates, Inc., to provide on - call project support services for National City's Capital Improvement Program; and WHEREAS, the City has determined that Kimley-Horn and Associates, Inc., is qualified by experience and ability to perform the services desired by the City, and Kimley- Horn And Associates, Inc., is willing to perform such services for the not to exceed amount of $2,000,000 from April 15, 2014 through April 14, 2016. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of Kimley-Horn and Associates, Inc., and authorizes the Mayor to execute an agreement with Kimley-Horn and Associates, Inc., in the not to exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including but not limited to, project management, engineering and contract management, architecture, land surveying, engineering and contract management, architecture, land surveying, environmental compliance, assessment and remediation, geotechnical, soils and materials testing, plan reviews, constructability reviews, and community outreach. Said Agreement is on file in the office of the City Clerk. [Signature Page to Follow] Resolution No. 2014 — Page Two PASSED and ADOPTED this 15th day of April, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 STEM TITLE: AGENDA ITEM NO. 20 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Project Professionals Corporation for a not -to -exceed amount of $1,500,000 to provide on -call project support services for National City's Capital Improvement Program (GIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and legal support for public works contracts and/or disputes PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. Funded through various CIPs, on an as -needed basis ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: Engineering & Public Works APPROVED BY: ziP( APPROVED:; APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution Explanation: The City's current 5-Year CIP is projected to deliver over $60 million in major public improvements. Approximately $25 million, or 40% of the CIP budget, is funded through active Federal, State and Regional "competitive" grants. Projects include corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of LID measures for treatment of urban runoff; ADA enhancements; park amenities; mechanical, electrical and HVAC upgrades to City -owned buildings; and affordable housing projects including infill transit -oriented development. In order to design, manage and deliver these projects on schedule and within budget, the Department of Engineering & Public Works advertised a Request for Qualifications (RFQ) for various engineering and construction support services on January 27, 2014. Additional services requested via the RFQ include plan and map reviews, preparation of plat & legal descriptions, sewer system management and financial administration, and environmental compliance involving stormwater, wastewater, FOG and HAZMAT. The RFQ was advertised on the City's Website, published in the Daily Transcript, and e- mailed to over 150 professional consultant firms. The Department received approximately 70 Statement of Qualifications (SOQs) from various firms, including Disadvantaged, Small and/or Minority Business Enterprises, by the February 24, 2014 deadline. Staff from the Department of Engineering & Public Works selected five firms based on qualifications for interviews. Based on the strength of their SOQ and interview, staff recommends executing an agreement with Project Professionals Corporation, for a not - to -exceed amount of $1,500,000, to provide on -call support services for National City's CIP projects, including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and legal support for public works contracts and/or disputes. Project Professionals Corporation has listed The Law Office of Michael J. McDonnell as a subconsultant to provide legal support for public works contracts and/or disputes. See Exhibit "A" for bios and fee schedules. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONALS CORPORATION THIS AGREEMENT is entered into this 15a' day of April, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Project Professionals Corporation, a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, the CITY has determined that the CONSULTANT is a general engineering and construction management firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and legal support for public works contracts and/or disputes. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under 1 City's Standard Agreement —2011 revision -1- this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Byron S. Wade, President/CEO, thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $1,500,000 (the Base amount) without prior written authorization from the 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 "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on April 15, 2014. The duration of this Agreement is for the period of April 15, 2014 through April 14, 2016. With mutual agreement of the parties, this Agreement may be extended for an additional period of up to one year, through April 14, 2017. 2 City's Standard Agreement —2011 revision -2- 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall 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 CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and. disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY' S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INI?EPFNDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 3 City's Standard Agreement-2011 revision -3- 9. CONTROL Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES. PERMITS. ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY' S later inability to obtain the specified items or any 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. 4 City's Standard Agreement —2011 revision -4- 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 5 City's Standard Agreement —2011 revision -5- 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, 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. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 6 City's Standard Agreement —2011 revision -6- G. Insurance shall be written with only California admitted companies that 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. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY' S Risk Manager. If the CONSULTANT does not keep all 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. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FFFF,. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. 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. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the 7 City's Standard Agreement-2011 revision -7- CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 8 City's Standard Agreement —2011 revision -8- To CONSULTANT: Byron S. Wade President/CEO Project Professionals Corporation 4499 Ruffin Road, Suite 250 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. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as deemed in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 9 City's Standard Agreement —2011 revision -9- 24. 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. 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 Califomia. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. 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. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 10 -10- City's Standard Agreement —2011 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY PROJECT PROFESSIONALS CORPORATION By: By: /,A%k 1 Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney ade, President/CEO anne Wade, CFO City's Standard Agreement —2011 revision ��a '�� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 4/3/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SI, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement Astatement on this certificate does not confer rights 10 the certificate holder In Ileu of such endorsement(s). PRODUCER MILLIMAN INSURANCE 16516 Bernardo Center Dr #150 San Diego, CA 92128 INSURED Project Professionals Corp 4499 Ruffin Road Suite 250 San Diego, CA 92123 CON (ACT NAME: Janelle Tenorio PHONE C No EXI) 858-487-9200 (MC ADDDRDRESS: anelle.mmilliman@farmersagency.com INSURER(S) AFFORDING COVERAGE 1 WC. Ne) 858-451-2794 NAIC INSURER A: Mid -Century Insurance Company INSURER B: Sequoia Insurance Co A+ rated INSURER C INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER OD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 1MTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR SUBR YAM POLICY NUMBER POLICYEFF (MM/DO/YYYY) POLICY EXP (MM/DDNYYY) LIMITS B GENERAL ][ LIABILITY COMMERCIAL GENERAL LIABILITY SBP221085-2 03/26/2014 03/26/2015 EACH OCCURRENCE $ 2,000,000 UAMAOL IL/ HtNItU PREMISES (Ea occurrence) $ 300,000 X CLAIMS -MADE I I OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADVINJURY $ Included GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY I� J CT CI LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ B AUTOMOBILE — X LIABILITY ANYAUTO ALLOWNED AUTOS HIRED AUTOS X SCHEDULED SBP221085-2 03 /26/2014 03 /26/2015 L.OMBINED SINGLE LIMIT (Ea accident) 2000 0 $, , 00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) 3 PROPERTY DAMAGE (Per accident) § $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y/N ANY PROPRIETOR,PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NM) 'ryes, describe under N IA A09468591 01/01/2014 01/01/2015 _ X ITORY LIMITS I IOER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) As Respects operations of named insured CANCELLATION City of National City Barby Tipton Contact Officer 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE IMTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIV re • )1 1955-2010 ACORD CORPORATION. All rights reserved. ACORD25 (2010/05) The ACORD name and logo are registered marks of ACORD -12- EXHIBIT "A" Feb. 24, 2014 Stephen Manganiello Director of Public Works/City Engineer City of National City Department of Engineering & Public Works 1243 National City Blvd. National City, CA 91950 RE: Request for Qualifications for National City's Capital Improvements Program Dear Mr. Manganiello, Please accept this Statement of Qualifications in response to your Request for Qualifications for on -call support services for National City's Capital Improvement Program due on Feb. 24, 2014. Headquartered in San Diego, Project Professionals Corporation is a local engineering and project/construction management firm with staff that has built a 30-year track record of delivering successful capital improvements projects. Our highly experienced project and construction managers, engineers, inspectors, and administrators will work collaboratively with your team, and the appropriate community stakeholders, to ensure the successful completion of your projects. Although PPC is quickly growing into a mid -sized firm with even greater capabilities, National City staff will always have direct access to our firm's leadership, while also providing a responsive and agile team that can manage large projects and react quickly to changing project dynamics. PPC's unique experience and project management approach combine a strong legal background based in contract law, decades of experience and thoughtful value engineering to successfully manage capital improvement projects. PPC submits this Statement of Qualifications for the following services and general services: 1. Project management 2. Construction management and inspections (including certified payroll) 3. Communications and Community outreach 4. Engineering and contract management (including technical analysis, studies, reports and presentations, PS&E, QA/QC, value engineering, bidding, response to RFI's, construction support, and preparation of record drawings.) 5. Plan reviews 6. Constructability reviews 4499 RUFFIN ROAD, SUITE 250 ProiectProfessionalsCorp.com TELEPHONE 858.634.81 SO SAN DIEGO, CALIFORNIA 921 23 FACSIMILE 858.634.8184 -14- ACO d CERTIFrATE OF LIABILITY INSnANCE DATE (MMIDDMYYY) 2/4/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poilcy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in IIeu of such endorsement(s). PRODUCER Michael Ehrenfeld Company 2655 Camino Del Rio North #200 San Diego CA 92108 INSURED Project Professionals Corporation -4499 Ruffin Road, Ste 250 San Diego COVERAGES CA 92123 CONTACT Gail DeFalco N11ME: PHONE F„). (619) 663-9990 a NO). (us) 607-9999 Pangs, gde ehrenfeldinsurance . com INSURERIS► AFFORDING COVERAGE NAIC INamRERA:Continental Casualty Company INSURER a : 20443 INSURER C : INSURER 0; INSURER E INSURERF: ncir galls", numu n; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. • EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INR TYPE OP INSURANCE ADDUSIRR INSa;, MND POLICY NUMBER POU:Y EFP IMMIODITYYTI POLICY EXP IMM/DD/YYYYI LIMOS OENERAL r—• LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ' S DAMAGE TO RENTBD PREMISES tEa oceuneq ce) S WAG -MADE OCCUR MED EXP (My one porton) S PERSONAL. S ADV INJURY S GENERAL AGGREGATE S GENT. AGGREGATE^LIMIT APPUES(�PER- PRODUCTS •• COMPIOP AGG S $ AUTOMOBILE ,�. LUtBIUTT ANY AUTO ALL OWNED AUTOS HIRED AUTOS — _ �,• SCHEDULED AUTOS NOTE ED tEaO COMBINEDBUNGLE LIMIT S BODILY INJURY (Par person) S III BODILY INJURY (Per soa00M) S PROPERTY DAMA E (Per aeeglanil S S UMBRELLA UAB EXCESS LIMACLAIMS-MADEf„ OCCUR .� 1r ; • ( { EACH OCCURRENCE S AGGREGATE S I I S DEO RETENTIONS WORKERS COMPENSATION OYE AND EMPLRS' LIABILITY yyyy I R ANY PROPRIETORPARTNER/EXECUTIVE OFFICERMEYSER EXCLUDED',u (Mandatory In NE) Y yesdenim ocher N rA WC STATU• I I OTH• I WIRY' INRg FR EL EACH ACCIDENT $ E.L DISEASE • EA EMPLOYEE S E.L. DISEASE • POLICY LMR S A Professional Liability Claims made/$10,000 Ded NC112893E552 5/10/2013 5/10/2014 moan um* $2,000,000 agg,gateL $2,0000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD /01, AOEltlensl Remoras Sehedul , N men apace l sequtrsd) As respects the operations of the named insured. CROTTCICere Yr11 11161! — _ _ _ _— City of National City, its elected officials, officers, agents and employees Attn: Herby Tipton 1243 National City Blvd, National City, CA 91950 ACORD 26 (2010/05) 1NS026 pommel SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE David Jacobson/GAILD ©1988-2010 ACORD CORPORATION. AU rights reserved. The ACORD name and logo are registered marks of ACORD -13- Project Professionals Corporation National City Request for Qualifications 7. Project tracking and progress reports 8. Annual contract document updates 9. Representation and/or negotiation on behalf of the city in joint powers agreements, joint maintenance agreements, bid protest hearings, subcontractor substitution hearings, inter- agency disputes, and any other time or place that the city engineer would need PPC's expertise 10. Analysis and system set up for contracting and purchasing services and goods As president/CEO of PPC, I have personally built my reputation over the last 25 years as "the guy that gets projects built." Often tasked with the most difficult projects, at PPC we always find ways to make a project successful. I am a California licensed and practicing attorney specializing in construction contract drafting, dispute resolution and litigation. For 20 years I brought these skills and knowledge to bear for the benefit of my clients and continue to do so at PPC. My reputation in the legal community is best summed up by Chula Vista's former City Attorney Bart Miesfeld. "Mr. Wade is intelligent, personable and approaches each litigation task in an efficient yet thorough manner. His deep understanding of government defense law and of how public entities operate sets him apart from other outside attorneys hired by my office," said Miesfeld. Vice President Roberto Saucedo, a professional engineer, brings more than 30 years of experience in delivering capital improvement projects for Chula Vista, Centre City Development Corporation and National City. Saucedo developed key relationships with all the regional regulatory and transportation agencies through cooperative efforts on countless projects. Saucedo also has special institutional knowledge about National City as its previous director of public works. We are thankful to National City for the trust it has placed with us over the years to represent the City and to deliver its projects. We personally feel a sense of loyalty to National City and strongly wish to continue this successful and gratifying relationship over the term of its next on -call contract. Thank you for your consideration and this opportunity to bring PPC's level of service to National City. We look forward to discussing our proposal with you. Sincerely, Byron S. Wade President/CEO 4499 RUFFIN ROAD, SUITE 251:1 SAN DIEGO, CALIFORNIA 92123 ProiectProfessionaisCorp.com TELEPHONE 858.634.81 8❑ FACSIMILE 858.834.8184 -15- 3. Contact Information a) Project Professionals Corporation 4499 Ruffin Road, Suite 250 San Diego, CA 92123 b) Project Professionals Corporation (PPC) is a California "S" Corporation c) PPC currently has one office in San Diego at 4499 Ruffin Road, Suite 250. This office will provide the services described in this SOQ. d) Contact: Byron 5. Wade President/CEO Project Professionals Corporation 4499 Ruffin Road, Suite 250 San Diego, CA 92123 Office: 858-634-8180 Cell: 619-244-3418 Email: byron@projectprofessionalscorp.com 7 • -16- 4. Team Organization and Key Personnel Introduction: Project Professionals Corporation is a civil engineering and project/construction management firm with a proven track record of success for every type of capital improvement project. We offer a full spectrum of services backed with years of hands-on experience to help our municipal clients achieve their project goals. For the on -call project support services for the City of National City's Capital Improvement Program, PPC is assigning 14 team members, which includes decades of experience in project management, engineering, communications, legal and finance. We feel this level of staffing will give us the flexibility and experience to provide the services proposed. Byron Wade will serve as the overall project manager and primary consultant for the City of National City's Department of Engineering & Public Works. Underneath Byron, PPC's team has extensive experience working on capital improvement projects in National City and other municipalities in San Diego County. Below you will find detailed information about the assembled team, including a description of experience, recent professional activities, education, licenses and certificates related to capital improvement projects. Name: Byron Wade Project Role: President/CEO Overview Byron Wade is the president/CEO at PPC and brings more than 25 years of experience managing and delivering numerous successful capital improvement projects for municipal governments and agencies throughout the San Diego region. Byron's core strengths are his knowledge, education and experience working on the legal, project management and regulatory components of projects. He emphasizes the importance of strong communication and has developed a team that excels at communicating with both clients and stakeholders about complex projects in a succinct and logical manner. Byron's strong track record of successfully completing tough projects and avoiding legal pitfalls provides clients with a project manager who finds innovative ways to solve problems and successfully complete capital improvement projects. His legal background brings a rare specialization in the practice of construction contract drafting, dispute resolution and litigation. Byron leads PPC's team of professionals in a hands-on manner, which ensures consistent project quality, clear communication through all project phases and client satisfaction. 8 -17- Related Professional Experience Over the last 10 years Byron has managed almost all of National City's CIP projects and many of Centre City Development Corp. projects. Principal and project/construction manager for municipal and local government agency capital improvement projects in the San Diego region. Provided oversight for a staff of six professionals and successfully led the transition of Wade & Associates into PPC. • City of Chula Vista, project manager — Managed project development process and provided oversight for inspection team for the construction of city capital improvement projects Education/Licenses/Certificates: • Western State University, Bachelor of Art, Law • Thomas Jefferson School of Law, Juris Doctorate • Licensed California attorney Name: Leanne Wade Project Role: Treasurer/CFO Overview For nearly 15 years Leanne Wade has provided budget and financial oversight for multi -million dollar corporations and municipal governments in San Diego. For the last three and a half years, she has led the financial management and human resources divisions at PPC. Leanne has a keen understanding about budgets, account payables, account receivables and payrolls surrounding capital improvement projects for cities and their contractors. With financial oversight experience in both private and public sectors, Leanne recognizes the challenges, and appreciates the importance of ensuring accurate accounting and financial reporting for federal, state and local levels of government. She is knowledgeable in the budget reporting requirements for municipal governments, and she understands the synergy between cash flow operations, municipal borrowing mechanisms, investment market considerations and credit ratings. Related Professional Experience • San Diego County Water Authority, Controller —Total revenues in excess of $385 million, payroll for 300 employees • City of El Cajon, Accounting Operations Manager — Total revenues in excess of $80 million, payroll for 700 employees • City of Chula Vista, Senior Accountant —Total revenues in excess of $130 million, payroll for 1,400 employees Education/Licenses/Certifications • San Diego State University, Bachelor of Science, Accounting • California Certified Public Accountant 9 • -18- Name: Michael J. McDonnell, Esq. Project Role: Special Projects Overview Michael J. McDonnell has been a senior project manager with Wade & Associates since 2009, and is now in the same position with PPC. McDonnell provides project management services for municipal construction projects from the design stage through construction. McDonnell has a keen understanding about managing projects that involve resurfacing, streetscape, park improvements, and traffic related projects. His primary duties include addressing construction claims, conducting project meetings, and acting as liaison between contractors and government employees. He also has significant experience with the financial and regulatory sides of public improvement projects. McDonnell is knowledgeable about invoice processing, verifying certified payroll, and ensuring that project construction, completion, and entity acceptance are in compliance with public entity standards and the California public contract code, civil code, and labor code. McDonnell is a licensed, practicing California attorney since 2008 with experience in litigation and construction contracts. Related Professional Experience • Marina Gateway Streetscape, National City, project manager • Street Resurfacing, National City, project manager • Safe Routes to School 1I, National City, project manager • Various assignments for National City including: o WI-TOD Brown Field team management o Contract specification drafting for state and federal program compliance o Sweetwater River Maintenance Agreement representation Education/Licenses/Certificates • Arizona State University, Bachelor of Arts, Sociology • University of Florida, Levin College of Law, Juris Doctorate • Licensed California attorney Name: James Biasi, P.E. Project Role: Senior Civil Engineer Overview As the senior engineer for PPC, Jim Biasi performs all constructability reviews for client projects, engineering review for the City of National City improvement plans and acts as project manager and 10 -19- resident engineer for all public works improvement projects including sewer, dry utilities, signals, street improvements, parks and structures. Biasi has more than three decades of experience in the design, inspection and project management for capital improvement projects for municipal governments. As an engineer at the City of Chula Vista, Biasi took his career from public works inspector to senior engineer overseeing the design and delivery of major public improvement projects. Biasi oversaw the installation of the majority of the subdivisions and right-of-way improvements in eastern Chula Vista with an estimated project value exceeding $500 million. He managed and inspected major development aspects such as mass grading, storm drains, sewers, arterial roadways, freeway connections, dry utilities, retention dams and parks. Biasi joined PPC in 2009 and brings a full career of knowledge and expertise working on municipal capital improvement projects. Related Professional Experience • Marina Gateway Project, National City, Resident Engineer and Inspector • National City Parks ADA Upgrades, National City, Design Engineer, Resident Engineer and inspector • El Toyon Sport Field, National City, design engineer, resident engineer and inspector • 8th Street Utility Relocation and Sewer Upgrades, National City, resident engineer and inspector • 8th Street Smart Growth Improvements, National City, resident engineer and inspector • 8th Street Safety Enhancements, National City, resident engineer • Community Corridors Improvement Project, National City, resident engineer Education/Licenses/Certificates California Licensed Professional Engineer Name: Roberto Saucedo, R.C.E Project Role: Principal Civil Engineer Overview Roberto Saucedo is a professional civil engineer and construction project manager with 35 years of experience working on capital improvement projects in the San Diego community. Saucedo has a proven record providing leadership, direction and technical expertise in the management of public works contracts and projects. He has managed, planned and supervised more than 200 public works contracts including construction of major flood control facilities, fire stations, parks, parking garages, gyms, prime arterials, street lights, sewers, and neighborhood street improvements. 11 • -20- Saucedo's background includes leadership roles in the public works divisions of cities in southern San Diego, which gives him a keen understanding about the history of development in National City's neighborhoods. Saucedo places high value on strong communication between contractors, stakeholders and community members regarding infrastructure improvement projects that have an impact on quality of life. Cooperation and consensus between engineering and operations divisions, facilitating communications and interactions, and holding numerous cross -functional meetings are critical for successful project delivery. Saucedo has a track record of accomplishment in the field of public works engineering, infrastructure construction and maintenance practices, land use codes and regulations and finding consensus on projects in the San Diego community. Saucedo is a results -oriented, decisive leader with a passion for his job, career and community. Related Professional Experience • PPC — Vice President and Principal Civil Engineer • City of National City, Director of Public Works — Managed a $10 million budget and 52 full-time employees responsible for the maintenance of the city's public works infrastructure • Centre City Development Corporation, Public Works Senior Project Manager — Managed public works contracts and assisted with private developments. Planned, supervised and managed major public works projects. Analyzed complex proposals for cost, benefit and feasibility. Prepared reports and acted as the corporation's field representative. • City of Chula Vista, Senior Civil Engineer — Managed the construction inspection, survey and design sections consisting of a team of 28 engineers/technicians/surveyors in the city's engineering department. Education/Licenses/Certifications • San Diego State University, Bachelor of Science, Civil Engineering • California Licensed Professional Engineer Name: Derrick M. Anderson Title: Senior Civil Engineer Overview For more than 23 years, Derrick Anderson has performed in various project management and engineering capacities on capital improvement projects. He understands what it takes to successfully oversee major public infrastructure improvement projects in the San Diego region. While working at the City of San Diego, Anderson managed aspects of the Petco Park infrastructure improvement project. As part of the construction phase of Petco Park, Anderson performed project 12 -21- scheduling and budget estimating, and he also managed demolition and soil remediation contracts and coordinated efforts with ancillary developers and urban designers. Having worked in both the private and public sectors on capital improvement projects, Anderson recognizes how to achieve and maintain strong working relationships between municipalities and contractors. During his accomplished career, Anderson has worked with government organizations such as the North County Transit District, the City of San Diego, County of San Diego, Port of San Diego and various cities such as the City of Poway and the City of National City. Related Professional Experience • National City Aquatic Center, National City, Project Manager • 8th Street Safety Enhancements, National City, Resident Engineer • 2100 and 2020 Hoover Avenue Site Remediation and Demolition, National City, project anager Education/Licenses/Certificates • San Diego State University, Bachelor of Science, Civil Engineering • California Licensed Professional Engineer Name: Josh Johnson Project Role: Assistant Engineer/Project Manager Overview Josh Johnson brings nearly four years experience to the PPC team as an assistant engineer and project manager. More specifically, Johnson's work in environmental engineering brings unique knowledge about remedial system design, installation and monitoring, soil and groundwater site assessment and investigation. He has successfully performed soil and vapor sampling, well installation and abandonment, and logging of soils and groundwater sampling. Johnson has experience writing technical documents associated with environmental engineering, such as water pollution control plans, work plans, phase I and phase II environmental assessment reports, quarterly reports and permits. Johnson is also knowledgeable in the field of renewable energy applications; including the design of photovoltaic modules and solar thermal layouts for residential and commercial projects. Related Professional Experience • 8th Street Smart Growth and Revitalization Project, National City, project manager • Community Corridors Improvement Project, National City, project manager • 8th Street Safety Enhancements Project, National City, project manager 13 • -22- Education/Licenses/Certifications • San Diego State University, Bachelor of Science, Civil Engineering • 40-Hour OSHA Health & Safety certification • 8-Hour OSHA Health & Safety annual update certification, 2013 • Engineer -in -Training certification Name: Vinnie Aguelo Project Role: Assistant Engineer/Project Manager Overview Vinnie Aguelo is a project manager at PPC, assisting the team on capital improvement projects with municipal governments. Aguelo performs field visits to ensure construction work is being conducted according to local regulatory standards. He is responsible for ensuring consistency between contractor, planner and engineering work and project specifications, local standards and drawings of capital improvement projects. Aguelo also has experience preparing engineering documents such as RFIs, change orders, submittals and project invoices. Prior to joining the PPC team, Aguelo was an engineering intern for the City of National City's engineering department where he helped prepare contracts, service agreements and notices of completion. While working for the City of National City, Aguelo also organized project specifications in accordance with hazard mitigation plans and EPA standards. Related Professional Experience • 1726 Wilson Avenue Site and Tentative Improvements, National City — Project manager • Public Works Relocation — Project manager Education/Licenses/Certificates • University of California, San Diego, Bachelor of Science, Structural Engineering • Engineer -in -Training certification Name: Juan Cesena Project Role: Public Works Inspector Overview Juan Cesena has 27 years of technical field experience in construction materials testing, management and engineering in the United States and Mexico. Specifically, Cesena has six years of experience as the owner or top executive for construction inspection companies. Cesena has experience managing project quality control programs including, but not limited to on -site testing and inspection, submittal 14 -23- review, and quality assurance. He serves as a senior public works inspector through all phases on commercial, local, state and federal construction projects, including ADA compliance, street rehabilitation and labor compliance regulations. Cesena has a keen understanding about the payment schedule process, such as budget control records, progressive payments, materials quantity control daily reports and record keeping. He is well versed in SDSRD, Green book and local municipal requirements for capital improvement projects. Related Professional Experience • Coolidge Avenue, D Street and 4th Street Pedestrian and Roadway General Improvements Project, National City, public works inspector — Managed all construction quality control, subcontractor coordination, traffic control, code violation and payroll and labor oversight • San Ysidro Port of Entry Phase 1b Redevelopment Project, San Ysidro, supervisor — Managed multiple technicians during all earthwork elements, and major pavement construction including onsite and offsite driveways, parking lots, and base streets • Two story development project at National City Middle School — Sweetwater High School District, public works inspector — Provided inspection and field oversight for concrete and soils inspection and technician oversight • Street Paving and Sidewalk Rehabilitation Program, National City, public works inspector — Managed all construction quality control, subcontractor coordination, task order, change order management, inspection for direct acceptance or rejection of all work, traffic control, code violation, and contractual oversight, including certified payroll and labor force oversight and management Education/Licenses/Certificates • San Diego State University, Adult Education Program • Radiation Safety & Use of Nuclear Gauge (CPN & Troxler) Name: Gilbert Valdez Project Role: Public Works Inspector Overview Gilbert Valdez is an accomplished and results -oriented project management professional. With nearly 30 years of experience, Valdez has developed the capabilities to orchestrate the inspections process for high -paced operations in all aspects of land development, road construction, building construction and engineering. Valdez has extensive familiarity in organizational administration, resource management, and contract negotiations. He has a record of achievement on inspections for high profile projects, providing leadership, supervision and motivational expertise to ensure streamlined operational success. 15 • -24- Valdez has a strong ability to overcome challenging issues associated with capital improvement projects and has exceptional communication skills. Valdez can speak fluently in English and Spanish. Related Professional Experience • Drainage Improvement Project, National City — Installation of drainage facilities • Annual Street Resurfacing Project, National City — $2.9 million asphalt overlay project • KB Homes community development projects, Imperial, San Diego and Riverside counties — More than 10 development projects valued at $62 million • Master -planned community projects, City of Chula Vista — Inspection services for developers, including hazardous material abatement, archaeological and paleontological mitigation, infrastructure development compliance and landscaping • Pacific Coast Communities master -planned community development projects, City of San Diego — Managed projects for all aspects of site development, grading, storm drains from pre -construction to final occupancy • Brookfield Homes new home communities, City of San Diego — Managed projects for all aspects of site development, including structures, playgrounds, pools, grading, storm drains, wet and dry utilities, streets, landscaping and parks o Note: Gilbert was hired to complete a high -end, problematic project that had been through four superintendents and had a history of delays. Gilbert finished the project phases on schedule until completion. Education/Licenses/Certificates • Cal -OSHA Safety & Traffic Control • Confined Space Entry and Fall Protection • Cal -Trans SWPPP • Franklin Covey 7 Habits & Focus Name: Michael Donald Project Role: Communications Overview Mike Donald joined PPC in January as the firm's communications director. Donald brings nearly 18 years experience creating and implementing strategic communications plans. He has extensive experience in graphic design, web development and social and traditional media outreach. Donald has spearheaded both internal and external corporate communications programs and he understands how to effectively communicate with target audiences using multiple media platforms. With capital improvement projects, impacted stakeholders have the ability to send and receive information about projects on multiple levels across many mediums. Donald provides PPC with the experience and 16 -25- capability to harness technology to benefit residents, government entities and contractors involved in capital improvement projects. Related Professional Experience • 3-Amp Media, Inc., Visalia and San Diego, owner • Outreach, Inc., Visalia and Colorado Springs, graphic designer and consultant • Neighborhood Church, Visalia, communications director • Vantage Technology Group, Visalia, project manager and web designer • Stone Ministries, Inc., Visalia, systems administrator Name: Anna Schulte Project Role: Project/Administration Manager Overview Anna Schulte is an administrative specialist at PPC with more than 12 years experience supporting project managers in various capacities on capital improvement projects. Schulte is familiar with managing aspects of construction projects including communications, regulatory requirements, government audits, payroll and labor compliance. Schulte has performed duties on municipal construction projects such as coordinating staff schedules to ensure all projects follow appropriate guidelines according to state and federal law. She also has experience representing PPC, and municipalities in federal and state audits. Schulte also has experience as the lead payroll compliance officer on projects and acting as the liaison between projects managers and labor compliance officers when necessary. Related Professional Experience • Amadeus Fire Temporary Staffing Service, Frankfurt and Berlin, Germany — Provided administrative duties for several large clients including Paul Hastings (law firm), German national toll revenue collection service and H. Stern (jewelers) • Mute Records, London, England — Provided administrative and bookkeeping duties for the company including annual budget development, recordings, lease agreements and general office management Education/Licenses/Certificates • University of Westminster, London, Master of Arts, Audio Production • Liverpool Institute for Performing Arts, Liverpool, England, Bachelor of Arts in Performing Arts 17 • -26- 4b. Organizational chart dim [3ia5i,i E Senior Civil tng,ineer Josh plan son, Assistant Engineer uan Ct sena Public Works Inspector PPC Organizational Chart 'Michael McDonnell, tsq Special Projects Derrick fln[3erson, Y'E Senior Ow I Engineer Vinnie Agueto, Eli Assistant Engineer E3yron Wade President/CEO Gibe' tValdez Public Works Inspector Ann a'Schplte ProjectjAdmin trinnager Ma vela Rivas Administrative Assistant 18 Mike Communications Leanne tvade,CpA area SPri'rfC+F3 CaborloSaucedo,Ea Principal Civil Engineer Bnaria$3am+rez Engineeringintern _27_ 5. Experience and Technical Competence a. Project Professionals Corporation will provide services in the following disciplines and general services: • Project management • Construction management & inspections (including certified payroll) • Communications and community outreach • Engineering and contract management (including technical analysis, studies, reports and presentations, PS&E, QA/QC, value engineering, bidding, response to RFI's, construction support and preparation of record drawings.) • Plan reviews • Constructability reviews • Project tracking and progress reports • Annual contract document updates to incorporate changes in the law, new construction materials, methods and procedures, Greenbook supplements and new editions, updates and new state and federal regulations and forms, and new City of National City regulations and requirements • Representation and/or negotiation on behalf of the city in joint powers agreements, joint maintenance agreements, bid protest hearings, subcontractor substitution hearings, inter- agency disputes and any other time or place that the city engineer would need PPC's expertise • Analysis and system set up for contracting and purchasing services and goods PPC is especially knowledgeable in managing state and federally funded projects. With our strong reputation and relationships with state and federal regulators and auditors we are in the best position to keep the City of National City's state and federal projects in compliance. This will also benefit the City of National City on future grant applications. PPC will accomplish this by performing each of the following tasks with its project team to ensure compliance with specific state and federal regulations: • Review each project's scope • Provide oversight and management of the design engineering team to keep the project within scope and budget, and meet all filing and application requirements and deadlines • Draft all contracts documents to meet each state and federally funded project specific requirements • Oversee and manage the bid process • Determine DBE compliance when required • Chair hearings and make recommendations on rulings for bid protest disqualifications 19 -28- • Manage, inspect and document the project • Negotiate and draft change orders • Keep the master project file • Attend and lead audits • Keep record drawings • Complete project close-out We believe that PPC has earned the City of National City's trust as well, and feel confident that the City of National City can move forward with PPC at the helm of these projects with minimal oversight. 20 -29- b. Matrix Discipline and General Services Matrix PROJECT MANAGEMENT CEO Assist city engineer in determining scope and funding of projects CEO, PM, AS Prepare PowerPoint and other reports for presentation for Council, committees and stakeholders CEO, PM Coordinate, prepare agenda and chair stakeholder meetings CEO Assist in or present project information to Council and Committees PM Create, track, update and distribute project schedule PM Create, track and update the design and bid schedule PM Coordinate with other agencies and entities as required PM Coordinate with other City departments as required PCE/CE Review plans and technical specifications for constructibility and conformance with design standards and best practices CEO/PM Prepare boilerplate to fit each project whether local, state or federally funded PM Ensure that pre -bid documents are complete and in place to receive state or federal funds PM Assist in obtaining permits as required by other departments or agencies AS Prepare project files for conformance with local, state or federal requirements CEO/CE/PM Assist city engineer or act on behalf of the city engineer on all reporting requirements to Council, committees, stakeholders, other agencies, utilities, and other city departments CEO/PM Prepare all bid documents as required for local, state and federally funded projects AS Process bid documents with e-bid boards CEO/PM/AS Prepare agenda, coordinate and chair pre -bid conferences CEO/PM Process and answer requests for information during the bid process CEO/PM/AS Prepare and issue addenda and clarifications during the bid process CEO/PM/AS Qualify apparently low bidder for responsibility, responsiveness, compliance with DBE requirements and other state and federal requirements if required CEO Recommend lowest responsive and responsible bidder to City Engineer for award CEO Field and respond to all bid protests CEO Attend all bid protest hearings and make recommendations to the City Engineer CEO Prepare all orders and correspondence for the City Engineer as to all bid matters CEO/PM Prepare talking points for the City Engineer to use at Council meeting CONSTRUCTION MANAGEMENT & INSPECTIONS CEO/PM/AS Prepare agenda and relevant documents for pre -construction meeting AS Coordinate pre -construction meeting CEO Chair pre -construction meeting CEO/CE/PM/AS Attend pre -construction meeting PM Review and approve or reject project schedule and updates AS Prepare construction master file in accordance with local, state or federal requirements PWI Provide site inspections of construction improvements for conformance with plans and specifications PWI Provide daily reports on the work progress, manpower, equipment, materials, discussions, safety issues, traffic control, acceptance and rejection of improvements, changed or unforseen conditions, change order work, force account work, design changes, field orders and any other information necessary to enable the reader to fully understand the project progression and to be in conformance with state and federal regulations 21 -30- Discipline and General Services Matrix PWI Keep record drawings (as-builts) PWI, PM, CD Communicate schedules, issues and coordination with adjacent business, residents, schools, churches, Navy complex, MTS, trash and City departments including fire, police and public works PM Process submittals to design engineer as required CE/PM Review and approve or reject submittals as required PM Keep a submittal log and insure timeliness of answers PM Review and process Requests for Information (RFI) CEO/CE/PM Answer RFIs as required PM Keep RFI log and insure timeliness of answers PM Prepare agenda and chair weekly construction progress meeting CEO/CE/AS Attend weekly progress meeting as required PWI Measure and estimate quantities for payment PM Verify quantities for payment and prepare billing statement and invoice coversheeet CE/PM/PWI Make recommendations and coordinate design changes CEO/PM Negotiate change orders PM Prepare and process change orders AS Keep all project files in conformance with local, state or federal requirements as needed. AS Keep in coordination with local assistance for latest project audit and regulatory requirements and insure project master file is complete CE Lead all state or federal audits PM/AS Attend all state or federal audits PWI Measure and calculate final quantities PM Verify final quantities CFO Audit final project accounting, payments and quantities PM/AS Coordinate final walk-through with contractor, management staff, city engineer, city department stakeholders and other required attendees CEO/CE/PM/PWI Attend final walk-through and make recommendation for acceptance, punchlist items and rejected items PM Draft final punchlist PWI Inspect the completion and correction of final punchlist items PM Ensure that all project -related permits are signed off PM Facilitate the turnover of the facility, improvements, manuals, training, warranties and other required actions or documents for acceptance of the project PM Prepare and coordinate the execution of turn -over documents PM Prepare final accounting and change order PM Prepare and process final and retention billing statement, invoice coversheet and notice of completion AS Coordinate grand opening if required PM/AS Prepare final master file and other required documents and deliver to the City for archiving ENGINEERING & CONTRACT MANAGEMENT This funtion falls within the project management discipline above as described PLAN REVIEWS PCE/CE Review and re -review as necessary civil engineering drawings for conformance with design standards, completeness, compliance with ADA and other regulations and best practices 22 -31- Discipline and General Services Matrix PCE/CE Prepare edit notes and comments for resubmittal PCE/CE Stamp approved plans as RCE or CE as "reviewed by" on behalf of the city engineer Y REVIEWS CONSTRUCTABIU1 CEO/CE Review and re -review as necessary CIP plans for constructability, identify issues and make correction recommendations CEO/CE Visit and review project site CEO/CE Identify issues and make recommendations for correction CEO/CE Meet with design engineer as necessary PROJECT TRACKING & PROGRESS REPORTS CEO/PM/CD Develop project tracking system and reporting procedures for all CIP projects PM/CD/AS Coordinate with all city project managers and engineers to gather all the data necessary for a complete tracking system data base necessary for accurate reporting CD/AS Input data, prepare discemination methods and execute tracking and reporting system CD/AS Keep tracking and reporting system information up to date COMMUNICATIONS & COMMUNITY OUTREACH CEO/CD Coordinate with the agency to determine the public message for each project and assignment CD Propose media outlets and methods to be used CD Set up accounts, web addresses, links and other techincal processes necesssary for the disceminiation of the information CD/PM/PWI Coordinate with project managers and inspectors for flow of information to be used CD Prepare data for web sites and other media outlets CD Create flow of information CD Update information on agreed upon frequency CD Process information requests outside of predetermined message CD Track use and effectiveness of each method and report to agency LEGEND CEO Chief executive officer CFO Chief financial officer CD Communications director PCE Principal civil engineer CE Senior civil engineer or civil engineer depending on the complexity of the project ACE Assistant engineer PM Senior project manager or project manager depending on complexity of the project PWI Senior public works inspector or public works inspector depending on the complexity of the project AS Administrative staff 23 • -32- PrztjjrGr t'Aor L=IGNA�S 1:13P1'GRATiC7N Rate Schedule March 18, 2014 (rates effective until March 18, 2017) Title Hourly Rate Principal Project Manager $210 Senior Project Manager $180 Project Manager II $135 Project Manager I $110 Principal Civil Engineer $210 Senior Civil Engineer $180 Civil Engineer $135 Assistant Civil Engineer $110 CAD Operator $85 Communications Director $120 Senior Administrative Assistant $90 Administrative Assistant $75 Prevailing Wage Assignments: Title Prevailing Wage 114 x OT 2 x OT Public Works Inspector $127 $168 $209 Mileage billed at current federal rate at time of billing. Letter size copies at $0.10 each. Tabloid copies at $0.20 each. Binders at $25 each. CD's at $5 each. All other miscellaneous expenses as directed by the City at cost plus 10%. No fees or mark-ups on subcontracted consultant work. 4499 Ruffin Road, Suite 250 ProlectProfessionalsCorp.com telephone 858.634.8180 San Diego, California 92123 facsimile 858.634.8184 -33- MA THE LAW OFFICE OF MICHAEL J. MCDONNELL March 14, 2014 Schedule of Rates Attorney: $175/hour Paralegal: $100/hour Administrative Assistant: $75/hour Mileage: Related Costs: Federal Standard Rate Actual Cost + 10% Handling 4499 Ruffin Road, Suite 225 San Diego, CA 92123 T: (858) 565-4421 F: (858) 5654431 michael@lawofficemcdonnell.com -34- M\4 THE LAW OFFICE OF MICHAEL J. MCDONNELL The Law Office of Michael J. McDonnell 4499 Ruffin Road, Suite 225 San Diego, CA 92123 T: (858) 5654421 F: {858) 565-4431 michael@lawofficemcdonnell.com Prior to establishing The Law Office of Michael J. McDonnell, principal Michael J. McDonnell served as an associate attorney with the law firm of Googins Wade LLP and achieved partner at the firm of Wade & McDonnell LLP based on his consistent excellence in all aspects of legal representation. With these firms, Mr. McDonnell focused his practice on litigating construction, business, personal injury, and real property disputes on behalf of individuals, business entities, and government entities in state and federal courts. Our practice focuses on providing exceptional representation of owners, contractors, subcontractors, and material suppliers involved in public and private works disputes including services for contract drafting and review, bid preparation, bid disputes, subcontractor listing disputes, subcontractor substitutions, "or equal" substitutions, extra and disputed work claim preservation and documentation, change order preparation and review, delay and disruption claims, changed condition claims, additional compensation claims, late payment claims, breach of contract claims, stop notice actions, alternative dispute resolution, and litigation. Mr. McDonnell has more than five (5) years of experience providing consulting services to public entity clients for Capital Improvement Program (CIP) projects from the design stage through project completion and acceptance. Mr. McDonnell's project management experience includes contract administration, coordination with stakeholders, advising clients on public works practices and procedures, and aiding in the resolution of contract disputes. Mr. McDonnell is admitted to practice before all California state courts and the United States District Court for the Southern District of California. He received his J.D. from the University of Florida, Levin College of Law, with academic distinction on the Dean's List, in 2008. Before attending law school, Mr. McDonnell attended Arizona State University and received his B.A., magna cum laude, in 2004. -35- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PROJECT PROFESSIONALS CORPORATION FOR A NOT -TO -EXCEED AMOUNT OF $1,500,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING AND CONTRACT MANAGEMENT, CONSTRUCTION MANAGEMENT AND INSPECTIONS, PLAN REVIEWS, CONSTRUCTABILITY REVIEWS, COMMUNITY OUTREACH AND COMMUNICATIONS, AND LEGAL SUPPORT FOR PUBLIC WORKS CONTRACTS AND/OR DISPUTES WHEREAS, the Engineering Department issued Requests for Proposals to professional firms to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and legal support for public works contracts and/or disputes; and WHEREAS, 64 responses to the Requests for Proposals were received and reviewed, taking into consideration, among other things, past performance history, knowledge of the environment, the type of services offered, and the cost to the City; and WHEREAS, staff recommends Project Professionals Corporation to provide on - call project support services for National City's Capital Improvement Program; and WHEREAS, the City has determined that Project Professionals Corporation is qualified by experience and ability to perform the services desired by the City, Project Professionals Corporation is willing to perform such services for the not to exceed amount of $1,500,000 from April 15, 2014 through April 14, 2016. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of Project Professionals Corporation, and authorizes the Mayor to execute an agreement with Project Professionals Corporation in the not to exceed amount of $1,500,000 to provide on -call project support services for National City's Capital Improvement Program, including but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and legal support for public works contracts and/or disputes. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of April, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 "ITEM TITLE: AGENDA ITEM NO. 21 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Stack Traffic Consulting, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, architecture, land surveying, environmental compliance, assessment and remediation, geotechnical, soils and materials testing, traffic data collection, plan reviews, constructability reviews. and community outreach PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: 7/f/0 FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: MIS Funded through various CIPs, on an as -needed basis ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: /zc_ le;,gier Finance STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: •1. Explanation 2. Agreement 3. Resolution Explanation: The City's current 5-Year CIP is projected to deliver over $60 million in major public improvements. Approximately $25 million, or 40% of the CIP budget, is funded through active Federal, State and Regional "competitive" grants. Projects include corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of LID measures for treatment of urban runoff; ADA enhancements; park amenities; mechanical, electrical and HVAC upgrades to City -owned buildings; and affordable housing projects including infill transit -oriented development. In order to design, manage and deliver these projects on schedule and within budget, the Department of Engineering & Public Works advertised a Request for Qualifications (RFQ) for various engineering and construction support services on January 27, 2014. Additional services requested via the RFQ include plan and map reviews, preparation of plat & legal descriptions, sewer system management and financial administration, and environmental compliance involving stormwater, wastewater, FOG and HAZMAT. The RFQ was advertised on the City's Website, published in the Daily Transcript, and e- mailed to over 150 professional consultant firms. The Department received approximately 70 Statement of Qualifications (SOQs) from various firms, including Disadvantaged, Small and/or Minority Business Enterprises, by the February 24, 2014 deadline. Staff from the Department of Engineering & Public Works selected five firms based on qualifications for interviews. Based on the strength of their SOQ and interview, staff recommends executing an agreement with Stack Traffic Consulting, Inc., for a not -to - exceed amount of $2,000,000, to perform on -call support services, to provide on -call project support services including, but not limited to, project management, engineering and contract management, construction management and inspections, architecture, land surveying, environmental compliance, assessment and remediation, geotechnical, soils and materials testing, traffic data collection, plan reviews, constructability reviews, and community outreach. Stack Traffic Consulting is certified as a Small Business Enterprise (SBE). Stack Traffic Consulting has listed the following subconsultants to provide additional specialized services (see Exhibit "A" for bios and fee schedules): • Dudek — environmental compliance • Ferguson Pape Baldwin Architects, Inc. — architecture • Katz & Associates, Inc. (Small / Woman Business Enterprise) — public outreach and communications • MA Engineers, Inc. (Small Business Enterprise) — mechanical engineering, HVAC and plumbing; LEED certification for sustainable, energy efficient design • Moffatt & Nichol — structural engineering, inspections and rehabilitation • National Data & Surveying Services, Inc. (Small Business Enterprise) — traffic data collection and surveys • Ninyo & Moore (Minority Business Enterprise) — geotechnical and material testing and inspections • NV5 — civil engineering and construction management • Sampo Engineering (Disadvantaged Business Enterprise) — land surveying, mapping and civil engineering • Schmidt Design Group, Inc. (Small Business / Small Local Business Enterprise) — landscape architecture AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND STACK TRAFFIC CONSULTING, INC. THIS AGREEMENT is entered into this 156 day of April, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Stack Traffic Consulting, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, the CITY has determined that the CONSULTANT is an engineering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. FNGAGEMF,NT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, project management, engineering and contract management, construction management and inspections, architecture, land surveying, environmental compliance, assessment and remediation, geotechnical, soils and materials testing, traffic data collection, plan reviews, constructability reviews, and community outreach. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith 1 City's Standard Agreement-2011 revision -1- and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Jason Stack, President, thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $2,000,000 (the Base amount) without prior written authorization from the 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 "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on April 15, 2014. The duration of this Agreement is for the period of April 15, 2014 through April 14, 2016. With mutual agreement of the parties, this Agreement may be extended for an additional period of up to one year, through April 14, 2017. 2 City's Standard Agreement —2011 revisinn -2- 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall 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 CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY' S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY' S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 3 City's Standard Agreement-2011 revision -3- 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT' S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES. PERMITS. FTC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY' S later inability to obtain the specified items or any 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. 4 City's Standard Agreement —2011 revision -4- 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOT.D HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 5 City's Standard Agreement -2011 revision -5- 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the Califomia Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, 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. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 6 City's Standard Agreement —2011 revision -6- G. Insurance shall be written with only California admitted companies that 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. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all 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. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. J.EGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. 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. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the 7 City's Standard Agreement —20] ] revision CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 8 City's Standard Agreement-2011 revision -8- To CONSULTANT: Jason Stack President Stack Traffic Consulting, Inc. 2796 Loker Avenue W, Suite 102 Carlsbad, CA 92010 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGFS. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 9 City's Standard Agreement —2011 revision -9- 24. 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. 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. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. 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. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 10 -10- City' s Standard Agreement —2011 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Mor rison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney STACK TRAFFIC CONSULTING, INC. Jason Stack, President Jason Stack, Secretary 11 -11- City's Standard Agreement —2011 revision STACK TRAFFIC CONSULTING, INC. FFIC SULTING, tnc. 141 Sanford Street Encinitas, CA 92024 TEL 714-315-4640 FAX 619-342-8043 jason.stack@stacktraffic.com WRri IEN CONSENT TO ACTION TAKEN WITHOUT MEETING BY BOARD OF DIRECTORS OF STACK TRAFFIC CONSULTING INORPORATED The undersigned, Jason Stack, being the sole director of Stack Traffic Consulting Incorporated, a California Corporation, acting Pursuant to Section 307(b) of the California Corporations Code, does approve and adopt in his capabilities as sole director of this corporation, acting without a meeting, the following resolution. CORPORATE RESOLUTION RESOLVED: That Jason Stack, as an officer of Stack Traffic Consulting Incorporated, is hereby authorized and directed to solely execute any and, all instruments on behalf of said corporation in his capacity as President. FILING OF WRITTEN CONSENT RESOLVED: That the Secretary be, and hereby is, instructed to file this written consent with the minutes of the proceedings of the Board of Directors. DATED: Sig Z Stack Corporate Resolution.docx President Stack Traffic Consulting -12- '`` CERTIFICATE OF LIABILITY INSURANCE MI DAIE(MDDMYY) 4/7/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT HOLDER. THIS AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT JacQu7li4e Byrne Matsen Insurance Brokers,Inc. PHONE (707)444-9292 FAX 701 5th Street Suite 300 plait Esll; (NC. Nm: (707) 44 4-9529 isoLss:7sokie@matsen.com INSURER(S) AFFORDING COVERAGE NAIC N Eureka CA 95501 INSURERAAMCO Insurance Company 19100 INSURED INSURER BNationwide Mutual 23787 STACK TRAFFIC CONSULTING, INC INSURER c:Hartford Insurance Company of 37478 2796 LOKER AVE W STE 102 INSURER D :Lloyds of London INSURER E : CARLSBAD CA 92010-6636 INSURERF: rrnicoenec - --''--•� ----- ReVIA.IUN NUMBER: THIS 'INDICATED. CERTIFICATE EXCLUSIONS INSR IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER EFF ,MMDDY/YYYY) JMM DCDIYYYYL LIMITS GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X ACPBP07872544554 2/2/2014 2/2/2015 EACH OCCURRENCE $ 2,000,000 DAMAGE TO ED PREMISES EaEoccurrence) $ 300,000 A CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL ItADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GGEEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS - COMP/OP AGG $ 4,000,000 $ B AUTOMOBILE X — LIABILITY ANY AUTO ALL OWNED - — _ SCHEDULED AUTOS NON -OWNED AUTOS X ACPBA7872544554 2/2/2014 2/2/2015 COMBINED SINGLE LIMIT (Ea accidem) $ 1,000,000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ MULTI POLICY DISCOUNT $ A X UMBRELLA LIAR EXCESS UAB — OCCUR OCCUR CLAIMS -MADE ACPCAA7872544554 2/2/2014 2/2/2015 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENT ON$ .$ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) 11 yes, describe under NIA 57WECDI2664 7/14/2013 7/14/2014 WC STATU- OTH- X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 $ 1 000, 000 , E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liability REF. #0018694A 4/17/2014 4/17/2015 Limit per Claim/Apgrepate S2,000,000 Deductible per Claim $10,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) The City of National City, its elected officials, officers, agents and employees are included as additional insureds per the attached form PS0448. Certificate holder included as additional insured on the auto policy which is primary and non-contributory per the attached form AC 20 41 01 10. Waiver of subrogation applies to the workers compensation policy per the Extended Broad Form WC990303 attached to this policy. nrnrrr,r. �r Uni, ,., .., CANCELLATION City of National City c/o City Attorney's Office 1243 National City Blvd National City, CA 91950-4301 ACORD 25 (2010105) INS025 (201005).Di SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Glenn Matsen/EXM 01988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD -13- BUSINESS AUTO AC20410110 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM SCHEDULE Name of Person(s) or Organization(s): City of National City c/o City Attorney's Office 1243 National City Blvd National City, CA 91950-4301 (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to the endorsement.) A. SECTION II — LIABILITY COVERAGE A.1. Who Is An Insured is amended to include as an additional insured for Liability Coverage, each person or organization shown in the Sche- dule, but only to the extent that person or organ- ization qualifies as an "insured". Loss must arise out of ongoing operations performed for the Named Insured. B. SECTION IV — BUSINESS AUTO CONDITIONS The following paragraph is added to B.5. of Other Insurance: e. If required by a written contract or written agreement executed before the "accident" occurred, any insurance carried by the per- son or organization shown in the schedule shall be noncontributory with respect to the coverage provided to you. All terms and conditions of this policy apply unless modified by this endorsement. AC20410110 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. -14- BUSINESSOWNERS PB 04 97 07 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE Name Of Person Or Organization: City of National City c/o City Attorney's Office 1243 National City Blvd National City, CA 91950-4301 In condition K. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US, under paragraph 2. Applicable to Businessowners Liability Coverage, the following paragraph is added: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the "products -completed operations hazard'. This waiver applies only to the person or organization shown in the Schedule above. All terms and conditions of this policy apply unless modified by this endorsement. Includes copyrighted material of Insurance Services Office, Inc., with its permission. © ISO Properties, Inc., 2004 PB 04 97 07 07 Page 1 of 1 -15- BUSINESSOWNERS PB 04 48 04 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM The following is added to Section II. WHO IS AN INSURED: Any person or organization shown in the Schedule of this endorsement is also an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you, subject to the following additional exclusion: This insurance, including any duty we have to defend "suits", does not apply to: a. "Bodily injury" or "property damage" that arises out of, in whole or in part, or is a result of, in whole or in part, the active negligence of the additional insured shown in the Schedule of this endorsement. b. "Personal and advertising injury" that arises out of any independent "personal and advertising injury" offense committed by the additional insured shown in the Schedule of this endorsement. All terms and conditions of this policy apply unless modified by this endorsement. Name Of Person Or Organization: PB04480411 SCHEDULE City of National City c/o City Attorney's Office 1243 National City Blvd National City, CA 91950-4301 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 -16- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS Policy Number: 57 WEC DI2664 Endorsement Number: Effective Date: 07/14/13 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: STACK TRAFFIC CONSULTING, INC. 141 SANFORD ST ENCINITAS, CA 92024 Section I of this endorsement expands coverage provided under WC 00 00 00. Section II of this endorsement provides additional coverage usually only provided by endorsement. Section III of this endorsement is a Schedule of Covered States. You may use the index to locate these coverage features quickly: SUBJECT SECTION I PARTS ONE and TWO 01 We Will Also Pay PART - THREE 02 How This Insurance Works PART - SIX 03 Transfer of Your Rights and Duties 04 Liberalization SECTION II VOLUNTARY COMPENSATION INSURANCE' 05 Voluntary Compensation Insurance A. How This Insurance Applies B. We Will Pay C. Exclusions D. Before We Pay E. Recovery From Others F. Employers' Liability Insurance EMPLOYERS' LIABILITY STOP GAP ENDORSEMENT 06 Employers' Liability Stop Gap Coverage A. Stop Gap Coverage Limited to Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming INDEX PAGE SUBJECT 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 B. Part One Does Not Apply C. Application of Coverage D. Additional Exclusions E. West Virginia EXTENDED OPTIONS 01 Employers' Liability Insurance 02 Unintentional Failure to Disclose Hazards 03 Waiver of Our Right to Recover from Others 04 Foreign Voluntary Compensation A. How This Reimbursement Applies B. We Will Reimburse C. Exclusions D. Before We Pay E. Recovery From Others F. Reimbursement For Actual Loss Sustained G. Repatriation H. Endemic Disease 05 Longshore and Harbor Workers' Compensation Act Coverage Endorsement SECTION III 01 Schedule of Covered States PAGE 3 3 3 3 4 4 4 4 4 4 4 4 5 5 5 Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 1 of 6 Process Date: 05/26/13 Policy Expiration Date: 07/14/14 2000, The Hartford 5 5 5 6 6 -17- SECTION I PARTS ONE and TWO 1. WE WILL ALSO PAY D. We Will Also Pay of Part One (WORKERS' COMPENSATION INSURANCE); and E. We Will Also Pay of Part Two (EMPLOYERS' LIABILITY INSURANCE) is replaced by the following: We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. reasonable expenses incurred at our request, INCLUDING loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3. litigation costs taxed against you; 4. interest on a judgment as required by law until we offer the amount due under this law; and 5. expenses we incur. PART THREE 2. How This Insurance Applies Paragraph 4. of A. How This Insurance Applies of Part 3 (Other States Insurance) is replaced by the following: 4. If you have work on the effective date of this policy in any state not listed in Item 3.A. of the Information Page, coverage will not be afforded for that state unless we are notified within sixty days. PART SIX 3. Transfer Of Your Rights and Duties C. Transfer Of Your Rights and Duties of Part 6 (Conditions) is replaced by the following: Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within sixty days after your death, we will cover your legal representative as insured. 4. Liberalization If we adopt a change in this form that would broaden the coverage of this form without extra charge, the broader coverage will apply to this policy. It will apply when the change becomes effective in your state. SECTION 1I VOLUNTARY COMPENSATION AND EMPLOYERS' LIABILITY COVERAGE 5. Voluntary Compensation Insurance A. How This Insurance Applies This insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by any officer or employee not subject to the workers' compensation law of any state shown in Item 3.A. of the Information Page. 2. The bodily injury must arise out of and in the course of employment or incidental to work in a state shown in Item 3.A. of the Information Page. 3. The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee is a United States or Canadian citizen, or otherwise legal resident, and legally employed, in the United States or Canada and temporarily away from those places. 4. Bodily injury by accident must occur during the policy period. 5. Bodily injury by disease must be caused or aggravated by the conditions of the Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 2 of 6 -18- officer's or employee's employment. The officers or employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. B. We Will Pay We will pay an amount equal to the benefits that would be required of you as if you and your employees were subject to the workers' compensation law of any state shown in Item 3.A. of the Information Page. We will pay those amounts to the persons who would be entitled to them under the law. C. Exclusion This insurance does not cover: 1. any obligation imposed by workers' compensation or occupational disease law or any similar law. 2. bodily injury intentionally caused or aggravated by you. 3. officers or employees who have elected not to be subject to the state workers' compensation law. 4. partners or sole proprietors not covered under the Standard Sole Proprietors, Partners, Officers and Others Coverage Endorsement. D. Before We Pay Before we pay benefits to the persons entitled to them, they must: 1. Release you and us, in writing, of all responsibility for the injury or death. 2. Transfer to us their right to recover from others who may be responsible for the injury or death. 3. Cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits of this insurance fail to do those things, our duty to pay ends at once. If they claim damages from you or from us for the injury or death, our duty to pay ends at once. E. Recovery From Others If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we paid. We will pay the balance to the persons entitled to it. If the persons entitled to the benefits of this insurance make a recovery from others, they must reimburse us for the benefits we paid them. F. Employers' Liability Insurance Part Two (Employers' Liability Insurance) applies to bodily injury covered by this endorsement as though the State of Employment was shown in Item 3.A. of the Information Page. This provision 5. does not apply in New Jersey or Wisconsin. EMPLOYERS' LIABILITY STOP GAP COVERAGE 6. Employers' Liability Stop Gap Coverage A. This coverage only applies in Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming. B. Part One (Workers' Compensation Insurance) does not apply to work in states shown in Paragraph A above. C. Part Two (Employers' Liability Insurance) applies in the states, shown in Paragraph A., as though they were shown in Item 3.A. of the Information Page. D. Part Two, Section C. Exclusions is changed by adding these exclusions. This insurance does not cover; 5. bodily injury intentionally caused or aggravated by you or in Ohio bodily injury resulting from an act which is determined by an Ohio court of law to have been committed by you with the belief than an injury is substantially certain to occur. However, the cost of defending such claims or suits in Ohio is covered. 13. bodily injury sustained by any member of the flying crew of any aircraft. 14. any claim for bodily injury with respect to which you are deprived of any defense or defenses or are otherwise subject to penalty because of default in premium under the provisions of the workers' compensation law or laws of a state shown in Paragraph A. E. This insurance applies to damages for which you are liable under West Virginia Code Annot. S 23-4-2. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 3 of 6 -19- EXTENDED OPTIONS 1. Employers' Liability Insurance Item 3.B. of the Information Page is replaced by the following: B. Employers' Liability Insurance: 1. Part Two of the policy applies to work in each state listed in Item 3.A. The Limits of Liability under Part Two are the higher of: Bodily Injury by Accident $500,000 Each Accident Bodily Injury by Disease Bodily Injury by Disease OR $500,000 Policy Limit $500,000 Each Employee 2. The amount shown in the Information Page. This provision 1 of EXTENDED OPTIONS does not apply in New York because the Limits Of Our Liability are unlimited. In this provision the limits are changed from $500,000 to S1,000,000 in California. 2. Unintentional Failure to Disclose Hazards If you unintentionally should fail to disclose all existing hazards at the inception date of your policy, we shall not deny coverage under this policy because of such failure. 3. Waiver of Our Right To Recover From Others A. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. B. This provision 3. does not apply in the states of Pennsylvania and Utah. 4. Foreign Voluntary Compensation and Employers' Liability Reimbursement A. How This Reimbursement Applies This reimbursement provision applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by an officer or employee. 2. The bodily injury must occur in the course of employment necessary or incidental to work in a country not listed in Exclusion C.1. of this provision. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The officer or employee's last exposure to those conditions of your employment must occur during the policy period. B. We Will Reimburse We will reimburse you for all amounts paid by you whether such amounts are: 1. voluntary payments for the benefits that would be required of you if you and your officers or employees were subject to any workers' compensation law of the state of hire of the individual employee. 2. sums to which Part Two (Employers' Liability Insurance) would apply if the Country of Employment were shown in Item 3.A. of the Information Page. C. Exclusions This insurance does not cover: 1. any occurrences in the United States, Canada, and any country or jurisdiction which is the subject of trade or economic sanctions imposed by the laws or regulations of the United States of America in effect as of the inception date of this policy. 2. any obligation imposed by a workers' compensation or occupational disease law, or similar law. 3. bodily injury intentionally caused or aggravated by you. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 4 of 6 -20- 4. liability for any consequence, whether direct or indirect, of war, invasion, act of Foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power. No endorsement now or subsequently attached to this policy shall be construed as overriding or waiving this limitation unless specific reference is made thereto. D. Before We Pay Before we reimburse you for the benefits to the persons entitled to them, you must have them: 1. release you and us, in writing, of all responsibility for the injury or death, 2. transfer to us their right to recover from others who may be responsible for their injury or death, 3. cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits paid fail to do these things, our duty to reimburse ends at once. If they claim damages from us for the injury or death, our duty to reimburse ends at once. E. Recovery From Others If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we reimbursed. We will pay the balance to the persons entitled to it. If persons entitled to the benefits make a recovery from others, they must repay us for the amounts that we have reimbursed you. F. Reimbursement for Actual Loss Sustained This endorsement provides only for reimbursement for the loss you actually sustain. In order for you to recover loss or expenses under this reimbursement you must: 1. actually sustain and pay the loss or expense in money after trial, or 2. secure our consent for the payment of the loss or expense. G. Repatriation Our reimbursement includes the additional expenses of repatriation to the United States of America necessarily incurred as a direct result of bodily injury. Our reimbursement shall be limited as follows: 1. to the amount by which such expenses exceed the normal cost of retuming the officer or employee if in good health, or 2. in the event of death, to the amount by which such expenses exceed the normal cost of returning the officer or employee if alive and in good health. In no event shall our reimbursement exceed the bodily injury by accident limit shown in Item 3.B. of the Information Page as respects any one such officer or employee whether dead or alive. H. Endemic Disease The word "disease" includes any endemic diseases. The coverage applies as if endemic diseases were included in the provisions of the workers' compensation law. 5. Longshore and Harbor Workers' Compensation Act Coverage General Section C. Workers' Compensation Law is replaced by the following: C. Workers' Compensation Law Workers' Compensation Law means the workers or workers' compensation law and occupational disease law of each state or territory named in Item 3.A. of the Information Page and the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901- 950). It includes any amendments to those laws that are in effect during the policy period. It does not include any other federal workers or workers' compensation law, other federal occupational disease law or the provisions of any law that provide nonoccupational disability benefits. Part Two (Employers' Liability Insurance), C. Exclusions, exclusion 8, does not apply to work subject to the Longshore and Harbor Workers' Compensation Act. This coverage does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 5 of 6 -21- SECTION III 1. SCHEDULE OF COVERED STATES A. This endorsement only applies in the states listed in this Schedule of Covered States. C. Schedule of Covered States CA Countersigned by B. If a state, shown in Item 3.A. of the Information Page, approves this endorsement after the effective date of this policy, this endorsement will apply to this policy. The coverage will apply in the new state on the effective date of the state approval. Authorized Representative Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 6 of 6 -22- EXHIBIT "A" February 24, 2014 City of National City Engineering and Public Works Department Attention: Stephen Manganiello 1243 National City Boulevard National City, CA 91950 Subject: Statement of Qualifications for On -Call Project Support Services for National City's Capital Improvement Program Dear Mr. Manganiello, Stack Traffic Consulting, Inc. (Stack) is pleased to submit these Qualifications for the On -Call Project Support Services for National City's Capital Improvement Program. Stack is a leader in the Traffic Engineering and ITS field and is one of the larger discipline specific Traffic Engineering firms in San Diego County. We have grown our practice through a strong reputation for innovation, quality, and work ethic. The consultant for this project must have extensive experience and knowledge on a broad range of Traffic Engineering and technical services, as well as general services related to civil engineering and project management. Stack is highly qualified to provide these services and brings a unique advantage to the City, with a proven track record of successfully accomplishing all elements of the Scope of Work on many important projects in National City and around the County over the past several years. Stack continues to be committed to providing excellent on -call consultant services to National City and submits these qualifications as a prime consultant on all disciplines and general services tasks outlined in the RFQ except for the Sewer System Management discipline. For this SOQ, we are a prime consultant and have teamed with firms from around San Diego County who are considered technical experts and leaders in their respective fields. The following firms have been added to the Stack Team: 1 Dudek ✓ Ferguson Pape Baldwin Architects ✓ MA Engineering ✓ Moffat and Nichol 1 National Data & Surveying Services ✓ Ninyo and Moore 1 NV5 ✓ Sampo Engineering ✓ Schmidt Design Group Stack and National City have a strong working relationship; Stack currently serves as National City's on call consultant for Engineering and Inspection Services for Citywide Traffic Signal Upgrades. Stack staff has unique and in-depth insight into the City's infrastructure and policies and procedures for the Capital Improvement Program. We are eager to demonstrate our ability to continue to provide the City high quality, timely services related to any City project, and stand -ready to respond to City needs on an immediate basis. Over the past seven years, Stack has successfully performed a multitude of tasks that has helped the City in designing, developing, and constructing its roadway and traffic signal infrastructure system. Importantly, Stack has played a key role in the pursuit of Federal Grants for the City; working hand -in -hand with City Staff to produce many successful grant applications. Stack is excited to offer our experience and insight to assist the City in improving its' community. The City's Strategic Plan establishes 5 core objectives to sustaining and building a vibrant and prosperous community. The objectives are: Provide Quality Service, Achieve Fiscal Sustainability, Improve Quality of Life, Enhance Housing and Community Assets, and Promote a Healthy Community. Our objective is to assist and enable City staff in their effort to accomplish these objectives for the -23- File 1ING kc community. We take pride in the community we serve and seek to perform work beyond expectations, which the City has come to expect from Stack and the community deserves. Stack fully understands that the RFQ's purpose is to provide the City with the best qualified engineering firms to be placed on a short list to perform the various disciplines and services in the Scope of Work. Not only is Stack a premier Traffic Engineering consulting firm with a specialty in planning, designing, and implementing high tech Traffic and ITS systems, we have the ability to manage a variety of projects through the dedicated staff on hand. One of our core principles is our managers are working managers and stay connected to work on every level in order to sustain our exceeding service and provide innovative solutions and state-of-the-art practice. I will be the Principal Manager for this project and Nick Minicilli will be the Project Manager. Mr. Minicilii and I will be closely involved in all of the technical, managerial, and administrative work. Key project staff members and our subconsultants will perform various tasks under my direction. Stack is committed to getting the job done and making project personnel available when you need them. This Statement of Qualifications details our experience and achievement in performing the exact scope of work in National City and throughout San Diego County. We are a proven quantity in National City and have a strong history of working together to achieve projects. This has prompted the City to assign tasks of increasing responsibility on critical path projects and Stack has met all challenges with success. Our staff are recognized experts and have specialized skillsets that create a powerful practice in Traffic Engineering. We have detailed our significant experience, innovative technical and managerial approach, and accounting systems that will serve the exact needs of the City's Capital Improvement Program. I am available to discuss this qualifications statement with you should you have any questions about the information provided. You may reach me at (760) 602-4290 or (714) 315-4640. We look forward to the opportunity to work with the City of National City on these important projects. Sincerely, Jason Stack President - Stack Traffic Consulting, Inc. -24- 2.0 Contact Information Legal Name and Address: Stack Traffic Consulting, Inc. 2796 Loker Avenue W, Suite 102 Carlsbad, CA 92010 Legal Form of Company: California Corporation Address of Office Working on the Project: Stack Traffic Consulting, Inc. 2796 Loker Avenue W, Suite 102 Carlsbad, CA 92010 Proposal Contact: Name: Jason Stack Title: President Address: Stack Traffic Consulting, Inc. 2796 Loker Avenue W, Suite #102 Carlsbad, CA 92010 Email: jason.stack@stacktraffic.com Tel: 760-602-4290 Stack Traffic Consulting • California Corporation and Small Business Enterprise (SBE) • Founded: January 2007 • Number of Years in San Diego County: 7 • Number of Employees: 8 • Owned and Operated in San Diego County SOQ for On -Call Project Support Services for National City's Capital Improvement Program -25- 111111*29 F WING, 3.0 Team Organization and Key Personnel 3.1 Organization Chart The Organizational Chart illustrating the Stack Team, each individual's area of responsibility, and chain of command is shown on the following page. Stack Traffic Consulting is the prime consultant. Stack offers the continuity the City requires with Jason Stack as Principal Manager and Nick Minicilli as Project Manager. This management structure is important as Mr. Minicilli will be the primary interface with City staff and will have the day to day insight into progress and needs. Mr. Jason Stack will serve as Principal Manager and will ensure that the proper staffing is allocated for the various tasks and budgets and schedules are in -line. Mr. Minicilli will manage all aspects of any future project assignments as well as manage the efforts by our subconsultants. Mr. Lemberg will be a Task Manager focusing on installing, troubleshooting, and managing traffic signals assignments. Mr. Mizuta will be a Task Manager focusing on traffic engineering and transportation planning assignments. Mr. Michael Plotnik and Ms. Yesenia Fabian will perform the design drafting efforts for the projects while Mr. Richard Foran will provide engineering design and field verification on complex projects. The Stack Team is well equipped to handle any type of project. Staff is cross -trained amongst the proposed traffic disciplines and this affords the City competent staff who can handle any task at a moment's notice. SOO for On -Call Project Support Services for National City's Capital Improvement Program 6 -26- Jason Sod (STC) " Planing and Design Nick Minket PE, TE (ETC Main Matti P$ EIDE (ETC) • Englmming and CoummctionMangemem NU MADD. PE, TE (ETC) AdamLcmhtE )MSAII (STC) Omega Litriage(DUD) Phil Kern. PE (NVS) • Plamdn6a dReviews Nick kUmallk PE, TE (STC) Adam Lemberg, IMSA II (STC) ♦ CenaM d E Review* Mamma IMSA (STC) George Llbinger (DUD) Phil X. PE (NVS) • Proems TmckingaM Plagrea Reports AdanaLemhg, AMA I((STC) Genge/Jttlnger(DUD) • Grame MckMMIckEi, PE, TE (STC) e NA .l%ES18.7 ill9CO I NI \ 1 III I'\CI V 4ltllr. \Nn PI RI If \VO1lh5 ,frt)5, tPae I1:1,11( r 4' IL'I. Nick Mlnicid, PE, TE (STC) Marc Minh, PE, TE (STC) Aden Lemberg, IMSA II (ETC) Michael Mink ETr (ETC) Richard Form (STC) Phil Ken PE (NVS) • ADAand Universal Dann • SeMerhdmemutme • Shun "USES Maim rind Coordimem (Deludes Rik ZDA Undemanding and Dim Trench) Au(aM enact OAran Myer, PE (NUS) Melt WMb, 1'E(NVd) TJki. -w; FEcTS Vine Sampo,PQ PLS (SAM) • PerfomPield Surveying, Pnepae Plat and Leer DaalpEan FIERMERItiting FaillDOR, PE (SAM) fitimmiteddriggi m7 CMsnaum (SAM) Geoge Lindner, PE (DUD) Michael Meng PE (DUD) Ian Damon AICP (KEA) Pews &Ian. PE, SE (MEN) II L11AINni son St ok (STC) Michel Allman, PE, LEI3D AP (MAE) Philip Pop. SARA (PPEA) Emil Rudolph, PE, GE (NEM) Kesin Deal (NDS) Ptlrcimal'lumbiee Ensiaer David Noll. LEED AP (MAE) Eenl Rndelph PE, GE (NRM) • Deludes Sags and Materials Testing FEISLEMLEdtitigal Kenneth Matti PE. OE(NEM1 Jeffrey Kent, PE, GE (NEM) Richard Form (ETC) Adam Lemberg BALSA II OTC) Michael PMmtk, EIT (STC) Irnl. a,. ,olll Memo Sock (STC) Phil Kern, PE (NVS) Vince Sanyo, PE PLS (SAID Glen Schmidt, FASLA (SDG) Nick MiNcillt PE, TE (ETC) • Signal Communication and System I ttegral= • Duel Collection • TmtmpgmmknDeeigm and Planning Mau MlxaniFE. PI'DE (STC) AdamLembetg. IMSA E (STC) Michael Plomgc Et[ (STC) Richard Pomn(SEC) KevDDed (NDS) MimwlMene PE (DUD) En intenng • Planning and Design • Campgene SNITIU5mmtvaeLID Cedes Omdy, PE, LPED AP, QM) NDDO J+nvlppnwnD)EnSteerKKDloki*t tamePeacuk, PE, PG, REA (DUD) ]atls Smirk PE (DUD) FAR: Vlpnt /oak (DUD) ComemMS SeMca Daelophad.SeMces EnergegcgSenka Philip Pape, SARA (PPBA) Senior Proles-Annhnee( Craig(lomat ([PEA) Amanda Schram lEM AP BEDC, DEIA (MA) Seabr Dram Denim Am Shelton Adam Lemberg. IMSA II (STC) • Deludes CefUledPayroU RiehadPamn (STC) Nick IDniei Ili, PE, TE (STC) EMMtManga Gnome Linings,. PE(DUD) Communion Manila Dann ',Madan (DUD) Commotion Mager Mena Mina, PE (DUD) Cmall(cEm Inspector Paul 'DOD (DUD) Glen Schnidk, FASLA (SDO) • UM*.Planning sod Design &Mos Packet Mamma Mammy Jensen RLA, LEED AP (SD() Joanknmmn AICP (KRA) ESEIMMI Pehe"r.PmkleMbn SeeeL•rtt& S mla WM*lk d Wake (Snit Hamacher (K&A) P IIIIICIL11NG, NWriepNrtlktiirrir 3.2 Firm Profiles and Resumes 3.2.1 Stack Traffic Consulting Firm Overview Stack Traffic Consulting (Stack) is a full service Traffic Engineering firm specializing in the design, implementation, and operation of high-tech Intelligent Transportation Systems (ITS) and Traffic Engineering. and Control Applications. Stack has been in the responsible charge of wide ranging projects in the Traffic Engineering field from improvement studies for isolated intersections to projects involving system design and implementation of regional transportation systems. Stack places great emphasis on strong project management with open lines of communication and a "stand ready" work ethic for our clients. Stack is dedicated to quality services and provides exceeding work through comprehensive quality assurance and quality control. It is this dedication to clients and to projects combined with field expertise and technological know-how that allows Stack to excel in work. Stack is a California Corporation and Small Business Enterprise (SBE). Following is a list of services Stack provides: • Traffic Engineering & Design • Transportation Planning • Traffic Impact Studies • Traffic Signal Design • Street Lighting Design • Signing & Striping Design • Work Site Traffic Control Design • Stage Construction Design • On -Call Services • Communication Systems • Traffic Operations • Signal Timing • System Design and Specifications • System Operations and Integration • System Program Management • Railroad Preemption Applications • ITS Technologies • Construction Management • Traffic Signal Control Logic • System Master Planning SOQ for On -Call Project Support Services for National City's Capital Improvement Program 8 -28- 3.2.2 Stack Traffic Consulting Key Resumes JASON STACK Principal Manager k3.S Cvrl Engineering, llrttvbi{silt ass,achusetts at Lowell, 1999 AFFILIATIONS Institute of Transportation Engineers (ITE), Member International Municipal Signal Association (NSA), Member ITS America (ITSA), Member American Public Works Association (APWA), Member YEARS WITH FIRM 7 (Carlsbad, CA) PROFESSIONAL EXPERIENCE Mr. Stack is the President of Stack Traffic Consulting and has over 15 years of specialized experience in the development, assembly and operation of Intelligent Transportation Systems, traffic signal systems and control technologies, and communication systems. Mr. Stack is the founder of Stack Traffic Consulting and has developed a strong reputation for project management and has managed various traffic related projects including: communication systems master planning, traffic signal timing and coordination; traffic impact studies and analysis, PS&E packages for new and modified traffic signals; signing/striping; street light ing; communications facilities; and traffic control plans. Mr. Stack is an expert in traffic signal operations and has intimate knowledge of various traffic analysis programs, local intersection programs, and central traffic management systems. Mr. Stack has been at the ground level development and deployment of new controller and software releases and works closely with traffic signal software developers, gaining perspective of the operation from the programming side. This allows Mr. Stack to develop the most appropriate and effective signal operations whether free, coordinated, responsive, or adaptive operations. Mr. Stack has managed several large scale projects including: all traffic related work on the SPRINTER project in North County San Diego, design and implementation of Traffic Management Centers for multiple North County cities (El Cajon, Carlsbad, and Oceanside), a major roadway opening in San Marcos, and traffic operations on the San Diego Quiet Zone. S0Q for On -Call Project Support Services for National City's Capital Improvement Program -29- 8 5 Irivii'Enginearing, California State University San Luis Obispo, 2005 CERTIFICATIONS Professional Engineer (Civil) California, #74667 Professional Engineer (Traffic) California, #2647 AFFILIATIONS Institute of Transportation Engineers (ITE), Member/Golf Chair YEARS WITH FIRM 1 (Carlsbad, CA) improvement designs NICK MINICILLI, PE, TE Project Manager PROFESSIONAL EXPERIENCE Mr. Minicilli will serve as a Project Manager and has over 8 years of experience in the development of plans, specifications, and estimates (PS&E) on numerous traffic engineering projects for various municipal clients and private developers. Mr. Minicilli has developed a strong reputation for project designs and project management for various traffic related projects including: traffic signal timing and coordination; traffic impact studies and analyses; PS&E packages for traffic signal design; communications plans; signing/striping plans; street lighting plans; traffic control plans; stage construction and capital involving ADA curb ramps, sidewalks, trails, roadway widening, curbs gutters, drainage facilities, and guardrails. Mr. Minicilli has a background in Traffic and Civil Engineering design. This diverse background provides Nick with skills needed to provide valuable insight to clients. He is able develop physical solutions to transportation issues and assess the feasibility of the solution from both a constructability standpoint and also from a traffic and public safety perspective. MARC MIZUTA, PE, PTOE Task Manager PROFESSIONAL EXPERIENCE 3ofe3�is o l i1g(iteer 4r(Caj Califoraifa, #67801 Professional Traffic Operations Engineer, #1762 AFFILIATIONS Institute of Transportation Engineers (ITE), Member/Past President Womens Transportation Seminar, Member/Past Director YEARS WITH FIRM 1 (Carlsbad, CA) Mr. Mizuta has developed a strong reputation for project designs and project management for various transportation -related projects. Mr. Mizuta has a proven track record and is well respected in the industry; he recently served as President for the ITE San Diego section. Mr. Mizuta will serve as a Task Manager and has over 16 years of experience leading traffic engineering assessments, traffic operations studies, transportation planning, and traffic impact projects. He has successfully managed projects that required coordination between multi -jurisdictional agencies and balanced the needs of transit, highway, and local roadway operators, while leading tasks that involved traffic operations analysis, alternative evaluations, feasibility assessments, cost -benefit analyses, identification of potential impacts, and development of mitigations and alternatives. SOQ for On -Call Project Support Services for National City's Capital Improvement Program 10 -30- ADAM LEMBERG Task Manager PROFESSIONAL EXPERIENCE Mr. Lemberg will serve as a Task Manager. He has over 16 years of experience installing, troubleshooting and maintaining Traffic Signals and their communications networks and is considered an ITS and operations expert. Mr. Lemberg has developed a well -respected reputation working around the county supporting the hardware and software used in the region. Mr. Lemberg had worked for McCain for 14 years in which time he has installed many of the ATMS (Advance Traffic Management Systems) in San Diego County as well as the infrastructure needed for them to communicate to the Traffic Signal Network. Adam's background provided him with technical expertise needed to work for the City of Carlsbad where he was able to start a Traffic Signal program where there was none before. During his employment with Carlsbad, Adam was able to network over 130 Traffic Signals and 100 Video feeds back to the TMC in well under two years. Adam's experience in the public sector has been vital to understanding and responding to citizens and their concerns related to Traffic Signals. Mr. Lemberg has worked nationally helping municipalities with various tasks such as developing criteria for Level -of -Service, working with Synchro, configuring QuicNet and has a reputation for creating innovative solutions. erScience,San Diego State University,1975 YEARS WITH FIRM 1(Carlsbad, CA) CERTIFICATIONS Work Zone Safety IMSA Level II Iteris Video Detection Traficon Video Detection AFFILIATIONS IMSA Member YEARS WITH FIRM 1 (Carlsbad, CA) RICHARD FORAN Project Engineer PROFESSIONAL EXPERIENCE Mr. Foran will serve as a Project Engineer for this contract. Mr. Foran possesses over 30 years of experience with the City of San Diego as a lead traffic signal technician and his responsibilities included: modifying, designing, and installing complicated traffic signal systems, communication systems, and ITS systems. Mr. Foran brings an unparalleled reputation for innovation and quality in the traffic signal communications field. Mr. Foran designed and installed the following systems: 170 systems (Field Master and Central Control Systems including Bi-Trans and U.T.C.S.), Copper SIC, I.S.D.N Modem systems, Fiber Optics, Ethernet/IP Systems, Micro -Wave Systems, Wireless Based Systems, Laser Based Interconnect Systems, and Video Surveillance Systems. Mr. Foran is qualified to test and certify Fiber and Copper, Fiber Optic Splicing and Termination, and Loss and Damage assessment including distance and location. SOQ for On -Call Project Support Services for National City's Capital Improvement Program 11 -31- S CiviI:Engineeririg, California State University - Long Beach, 2010 M.S. Civil Engineering, California State University - Long Beach, 2013 CERTIFICATIONS California E.I.T. 141858 AFFILIATIONS Institute of Transportation Engineers (ITE), Member YEARS WITH FIRM 4 (Carlsbad, CA) MICHAEL PLOTNIK, EIT Project Engineer PROFESSIONAL EXPERIENCE Mr. Plotnik will serve as Project Engineer and has over 12 years of experience in Traffic and Civil Engineering. Mr. Plotnik has highly specialized experience in Intelligent Transportation Systems (ITS) and communication systems. He established a reputation as a project engineer through work on projects that include: QuicNet System Troubleshooting & Maintenance; Traffic Network Design & Analysis; Plans, Specifications & Estimates Drafting/Design; Field Verification; Signal Modifications; Signal Timing & Coordination Plans; SYNCHRO Modeling and Report Analysis. Mr. Plotnik's diverse background and experience in Traffic and Civil engineering afford him the ability to recommend the most feasible solutions to transportation issues for clients. He is able to envision a project from concept to design on through construction. Mr. Plotnik has the skills necessary to design, integrate, and maintain traffic signal network communications systems. He has numerous hands-on experiences and brings with him an unmatched level of expertise for traffic management systems. PRO AVOW RiENCE Owner of Small Accounting Firm 2004 - Current YEARS WITH FIRM 1 (Carlsbad, CA) MORNA STACK Financial & Accounting Controls Manager PROFESSIONAL EXPERIENCE Ms. Stack is CFO of Stack Traffic Consulting and will serve as the Financial and Accounting Controls Manager with over 21 years of related experience in the field. In her position, Ms. Stack is solely responsible for all accounting and financial functions to include: Accounts Payable, Accounts Receivable, Payroll and related Tax Returns, Bank Statement Reconciliations, General Ledger, Job Costing, Budget Reports, Compliance and Financial Reporting. (PS&E); CAD As a business owner for a small accounting firm, Ms. Stack has exercised a unique level of expertise in the Accounting and Finance field. Rehearsed in numerous accounting software programs, affords Ms. Stack continued strength to interpret, apply and perform various accounting and financial duties, specific to client's needs and the vast arena of industry covered. Distinctive experience with government contracting and audits has provided a keen insight to Stack Traffic, relating to the accuracy, detail and full transparency required to satisfy local, state and federal regulations and authority. Ms. Stack is duly recognized for her ability to understand, perform and convey financial data and procedures cohesively - effecting long lasting relationships and successful business practice for Stack Traffic and other businesses simultaneously. SOQ for On -Call Project Support Services for National City's Capital Improvement Program 12 -32- ivMlt gin yeripg, San Diego State University- San Diego, CA Expected Graduation Date May, 2014 AFFILIATIONS Society of Hispanic Engineers (SHPE), Member YEARS WITH FIRM 1(Carlsbad, CA) Bi-lingual (Spanish) YESENIA FABIAN Engineering Intern PROFESSIONAL EXPERIENCE Ms. Fabian will serve as an Engineering Intern. Ms. Fabian will perform entry level engineering work in the design and documentation of Transportation projects. Ms. Fabian has demonstrated her working knowledge in a variety of duties to include: data collection, basic analysis, preparation reports, interpretation of engineering plans and specifications, function and use with various software programs, and field investigations as directed. Ms. Fabian has the ability to learn, interpret, work independently, and apply rules and regulations with respect to particular assignments. She easily recognizes scope and authority, applies instruction and effectively communicates data into working documents. She routinely performs computer aided drafting (AutoCad), utilizes GIS software, maintains index and database of scanned improvement plans, and periodically conducts traffic counts and surveys. SOQfor On -Call Project Support Services for National City's Capital Improvement Program 13 -33- 3.2.3 Sub -Consultant Firm Overview Stack has assembled a Project Team who all have experience in National City and in San Diego County and considered leaders in their respective fields. Our project team is highly capable of taking on any task assigned to us and will exceed the City's expectations. All of our subconsultants are located in San Diego County and within an hour's drive of National City. The following pages include a brief description of each subconsultant and also include a short bio of their key staff. DUDEK National City (City). Dudek is a diversified, Dudek is an employee -owned, privately held firm, established in San Diego County in 1980. Their services are tailored to local public agencies that plan, design, construct, and manage public infrastructure, such as the City of multi -discipline firm with professionals in biology, habitat restoration, environmental planning, regulatory compliance, urban forestry, hazardous materials remediation, civil engineering, hydrogeology, and construction management. Founded as a two -person wastewater engineering firm, Dudek has grown to be one of the largest California -headquartered environmental firms with more than 300 employees working in nine offices throughout the state. Dudek is an employee -owned company with 33 consecutive years of profitability and no debt. The firm is headquartered in Encinitas, California with over 200 employees working in San Diego County. Michael Metts, PE is a Principal and Engineering Services Manager and has worked as a professional engineer throughout the southwestern United States for the past 31 years, 20 of them in Southern California. His engineering responsibilities include project engineering and management, consisting of systems analysis, computer modeling, planning, and design of water, wastewater, and reclaimed water facilities. Mr. Metts' project experience encompasses the evaluation and expansion of existing facilities as well as the design of new facilities. Jason Linsdau is a Construction Manager and has more than 12 years' supervision and leadership experience in engineering and construction. As a construction manager/resident engineer, he manages construction projects ranging between $1.5 million and $25 million. His responsibilities include project management, contract administration, cost control, scheduling, constructability reviews, field engineering, project coordination, claims management, and estimating. Mr. Linsdau has worked on a variety of projects for public agencies and municipalities, including parks, fire stations, administration buildings, reservoirs, pipelines, pump stations, treatment plants, golf courses, dams, roads, and drainage projects. George Litzinger is a principal in construction management and has more than 28 years' experience, leadership, and supervision in engineering and construction. As project director, he supervises the construction management division and is responsible for all of Dudek's construction projects and programs ranging between $50 million and $100 million. Mr. Litzinger has managed a variety of projects for the private and public sectors including water treatment plants, reservoirs, pipelines, parks, small dams, subdivisions, streets and roads, drainage projects, sewage treatment plants and fire stations. SOQ for On -Call Project Support Services for National City's Capital Improvement Program 14 -34- = 3 - Ferguson Pape Baldwin Architects (FPBA) is an architectural, interior design and planning firm engaged in a broad practice serving our corporate, governmental and institutional clients with passionate design and phenomenal service. With a talented 30-person staff, FPBA assures National City that we have the capability and capacity to support any project type, size and schedule. FPBA will commit the following team members to provide on -call project support services for the CIP. These individuals will be in charge of approving submittals and coordinating with the City, State and other affected agencies. FBPA will assign additional architectural staff to this team as required based on the specific project type(s) and staffing needs. Each team member will be committed to their project roles from the kick-off meeting through final completion. Philip Pape will be the Principal -in -Charge and will oversee the design team's efforts on all capital improvement projects. He will be the primary point -of -contact for schedule, budget and management issues and will have daily involvement in each project. Mr. Pape's responsibilities will include administering design contract issues, arranging appropriate staffing, implementing FPBA's project management system, and ensuring client satisfaction. Mr. Pape has extensive experience working on civic and municipal projects and will lead all visioning, master planning, site design and building design activities. Mr. Pape has successfully completed many award winning facilities throughout San Diego County and looks forward to helping National City define their goals and see them realized. Craig Horwat and Amanda Schultz will be the Senior Project Architects and will be dedicated to specific projects based on their expertise. Assigning two staff members to this role will allow us to support multiple concurrent projects and ensure that qualified staff will always be available. Mr. Horwat and Ms. Schultz will be the primary points -of -contact for design and technical issues and will coordinate the architectural and sub -consultant work. They will lead all programming and design meetings, develop design and construction documents, oversee the regulatory process, ensure compliance with FPBA's QA/QC Process, and lead the design team's construction administration services. Both Mr. Horwat and Ms. Schultz combine exemplary design skills with an extensive knowledge of construction and a talent for creative problem solving. Ann Shelton will be the Senior Interior Designer responsible for space planning, finishes and furnishings. Ms. Shelton will carry out the production of the architectural documentation, lead the BIM coordination effort with sub -consultants, and assist Mr. Horwat and Ms. Schultz with design and construction administration tasks. Ms. Shelton has a passion for creating spaces that not only accommodate their functional requirements, but also provide a dynamic atmosphere that inspires people to excel and thrive. forms Katz & Associates, Inc. is a full -service communication firm specializing in public outreach programs for community and environmental planning, public works projects, and resource management. With headquarters in San Diego and offices in Sacramento, San Francisco, and Los Angeles, Katz & Associates offers a diverse team of communication professionals with expertise in all of communications, including public participation, community relations, environmental communication, risk communication, stakeholder research and analysis, facilitation, citizen advisory committees, consensus building, media relations, public information and education, coalition management, and website maintenance and support. SOQ for On -Call Project Support Services for National City's Capital Improvement Program 15 -35- IJLfijNG, ic A certified small and woman -owned business enterprise, Katz & Associates works for a diversity of government clients at a diversity of scales, from federal agencies and the military to state agencies, regional governments and districts, and cities and small towns. Each of the firm's skilled professionals is committed to ensuring our clients consistently receive the highest -quality, most reliable and resourceful service. Joan Isaacson, AICP, has 20+ years experience in community engagement, stakeholder facilitation, and urban and environmental planning. At the core of her work is a commitment to formulating the best facilitation and engagement strategy to ensure successful, viable project outcomes. She brings proven skills in public participation strategy, consensus building, advisory group facilitation, community education and media outreach, to implement effective public processes for complex projects involving land use, transportation, economic development, open space, and environmental justice. Ms. Isaacson's project portfolio includes general and community plans, multi -modal transportation and transit studies, public works initiatives, redevelopment, CEQA/NEPA review, climate action plans, utility rates, open space and recreation plans, and construction management. In addition to her considerable experience working with local governments and special districts, she also has designed and implemented public and stakeholder participation programs at the regional, statewide and national levels. Natalia Clark Hentschel is a public participation specialist with expertise engaging Latino and ethnic communities in development and planning projects in the non-profit, public, and private sectors. She is dedicated to meaningful public engagement in pursuit of project outcomes that positively impact communities. Ms. Hentschel is well -versed in a variety of public outreach and engagement strategies utilized to ensure the participation of a true cross-section of stakeholders for transportation, open space, public works, housing, and healthy communities planning projects. Applied strategies have included public workshops, focus groups, community forums, surveys, educational campaigns, photovoice and a variety of print media materials. Due to her Spanish language ability and cultural affinity, Ms. Hentschel has proven key to the success of engagement programs with bilingual and Spanish monolingual populations throughout Southern California. MA Engineers is a full -service mechanical engineering firm providing professional consulting services for universities, K-12 education, healthcare, laboratory, civic, government, entertainment, military and office facilities of all types. Their focus has always been to deliver innovative, sustainable, energy -saving design solutions —the type of systems that stand up to the daily rigors of use. Ultimately, their systems are designed to last, to run efficiently and to save ownership money. Michael Akavan, PE, LEED AP is a Principal in Charge and has 29 years of experience designing mechanical systems for a variety of facilities in the public and private sectors, including his recent experience with the mechanical and plumbing design for National City's public library. His experience includes project management, energy conservation, load calculations, HVAC, plumbing and fire SOQ for On -Call Project Support Services for National City's Capital Improvement Program 16 -36- protection design, installation and operating cost reduction analysis, energy and feasibility studies, central cooling and heating plant optimization, thermal storage systems and construction observation. Roy Campbell, PE, LEED AP is a Principal Mechanical Engineer and is a registered Mechanical Engineer in the states of California and Arizona. He is a mechanical engineering graduate of Cal Poly, San Luis Obispo and is an active member in the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE), San Diego. He served as an ASHRAE San Diego Chapter President, Board of Governor member and as chair of the Technical, Energy and Government Affairs Committee. David Noji, LEED AP is a Principal Plumbing Engineer and has worked in mechanical and plumbing engineering consulting firms in Fresno and San Diego for the past 30 years. He has completed HVAC, plumbing and fire protection design services for a variety of facilities including hospitals, laboratories, skilled nursing facilities, and universities and has worked for the local and federal government as well as manufacturing and industrial markets. His broad experience includes deionized water systems, medical and laboratory gases to include oxygen, vacuum, compressed air, nitrogen, nitrous oxide, acid waste systems, industrial water and domestic hot and cold water systems. His experience also includes both design and repair of HVAC systems, cooling towers, boiler plants and site utility distributions to include natural gas and compressed air. Moffatt & Nichol is headquartered in Long Beach, California and provides multidisciplinary engineering services from concept planning through design moffott & nichoi and construction support for a diverse group of public, corporate and private sector clients. Moffatt & Nichol will provide structural on -call services to the City of National City from their San Diego office. The San Diego office has 40 staff primarily dedicated to structural engineering. They specialize in the following areas: • General Structural Engineering • Structural Inspection and Rehabilitation (I&R) • Bridge Engineering • Advance Structural Modeling They are adept at providing multiple small to large projects through their on -call contracts. The I&R group will be made available to respond to emergency needs of the City. Perry Schacht, PE, SE, is a Structural Lead and has more than 30 years of experience in civil, structural, and bridge engineering. He is currently serving as Project Manager for the San Diego Gas & Electric (SDG&E) Structural On -Call and the County of San Diego Bridge On -Call. In addition to his extensive bridge experience, he has experience with building and marine structures and is a licensed Structural Engineer in California. This breadth of experience gives Mr. Schacht a solid understanding of structural systems. Anthony Sanchez, PhD, PE is a Bridge Lead and has been continuously involved in bridge engineering since earning his bachelor's degree in 1991. For the past 20 years, he has worked as a structural engineering analyst, bridge construction inspector, designer, project engineer, and project manager on numerous bridge projects. These projects have included bridge widenings, replacements, seismic retrofits, new designs, and bridge maintenance and rehabilitation. SOQ for On -Call Project Support Services for National City's Capital Improvement Program 17 -37- Matthew Martinez, PE, SE is an Inspection & Rehabilitation Lead and has more than 30 years of experience in providing reports, special project documentation, design, construction documents, and construction period services for architectural and engineering projects for a variety of public, government, and private institutions. He has acted as project manager and/or project structural engineer for the planning, design, analysis, and seismic retrofit of waterfront structures, buildings, and bridges. National Data and Surveying Services (NDS) was founded in 1989 and was established to deliver accurate and cost-effective solutions to our client's traffic / transit data collection needs. NDS has over 24 years of successful corporate operations that have established us as the foremost, full service, traffic and transit data collection company on the west coast. NDS has an outstanding team of 60 professional full time employees, with 10 full time employees in San Diego that will ensure the successful coordination and completion of any project. NDS has the staff to conduct manual vehicle counts, observe traffic patterns, and visually inspect for traffic concerns. Aside from manual data collection, NDS collects precise traffic data using state-of-the-art technology, including the Wavetronix Smartsensor HD, video surveillance units, submeter Trimble GPS, and the VMS 300. NDS is the largest and most experience traffic data collection firm on the West Coast with local field crews in eight major cities in California. alyht o jytOnre Ninyo & Moore's corporate office has been located in San Diego since the G.curnnra+ EN,DmitK,' S4.010% Lreidi,s company's inception in 1986. Ninyo & Moore has extensive experience throughout the City of National City and is fully knowledgeable of the various geotechnical conditions that can impact projects. Our technical staff have published scientific articles and publications on the age and seismicity of the Rose Canyon and La Nacion faults, liquefaction, landslide hazards, slope instability and other conditions present in the San Diego and Baja Mexico regions. Typical conditions that our firm has evaluated within the San Diego region include active and potentially faults, seismic hazards, landslides, unstable slopes, non-rippable rock materials, cemented soils and conglomerates, oversize materials, liquefiable soils, compressible soils, collapsible soils, expansive soils, groundwater seepage, and contaminated soil and groundwater. Our local project experience demonstrates our understanding of National City development requirements, procedures, and culture. Our project manager is located in the San Diego office and is accessible for information and consultation thought out project design and construction. Emil Rudolph, PE, GE, QSD/QSP is a Principal Engineer and manages the geotechnical aspects and material testing portions of construction projects; performs field evaluations of grading removals, keyways, and foundation excavations; and reviews concrete mix design submittals. His position also includes the coordination of geotechnical and forensic evaluations including the review of field exploratory data to interpret subsurface geologic conditions, the calculation of slope stability modeling and other geotechnical calculations, and the preparation of geotechnical reports and distress surveys of slopes, buildings, pavements, retaining walls, and other improvements, as well as expert witness testimony. SOQ for On -Call Project Support Services for National City's Capital Improvement Program 18 -38- Kenneth Mansir, Jr., PE, GE is a Principal Engineer and coordinates and supervises all administrative and technical operations of the construction services division; serves as client liaison, develops scope of work for materials testing and inspection projects, provides supervision and technical guidance to field and laboratory personnel; oversees field observation, testing, and inspection of compacted fills, concrete, reinforced concrete, post -tensioned concrete, asphalt concrete, structural masonry, steel welds, bolting, spray -applied fireproofing, and other building materials; supervises laboratory testing of soil, aggregates, concrete, masonry, asphalt, steel, and other building materials; analyzes and reviews field and laboratory data; and authors and reviews materials testing and inspection reports. Jeffrey Kent, PE, GE, is a Project Engineer and conducts geotechnical investigations and analyses, prepares geotechnical reports, reviews plans and specifications, and coordinates and conducts field and laboratory investigations. Mr. Kent also develops scope of work for materials testing and inspection projects, provides supervision and technical guidance to field and laboratory personnel; oversees field observation, testing, and inspection of compacted fills, concrete, reinforced concrete, post -tensioned concrete, asphalt concrete, structural masonry, steel welds, bolting, spray -applied fireproofing, and other building materials; analyzes and reviews field and laboratory data; and authors and reviews materials testing and inspection reports. NV5 is a provider of professional and technical consulting and certification services with a 60 year history. In August 2010, NV5 purchased Nolte Associates, which is a full -service engineering firm that provides construction management, program management, specialty and civil engineering services to clients such as GEYONO ENGINEERING transportation authorities, energy and utility providers, infrastructure airports & seaports, water agencies, and large commercial developers. With decades of know-how, we have the technical & engineering expertise which makes us uniquely qualified to meet or exceed project requirements, and we are able to provide quality, innovative, sustainable solutions to infrastructure projects. Phil Kern, PE is a Project Manager who has more than 25 years of experience in the management, design and permitting of major utility and public works projects, exclusively for public agencies and utility providers. He has managed 9 task -order -based on -call engineering design contracts and has excellent working relationships with staff at public agencies in San Diego County, including the City of National City. Mr. Kern's dedication to delivering high quality projects to his clients may only be surpassed by his ability to provide forward thinking to identify and avoid obstacles in the project delivery process. His familiarity with the operations of major agencies throughout Southern California has streamlined the design and processing of numerous assignments. His many years of experience working for a wide array of public agencies have given him the ability to understand the parameters and standards necessary to define, and then execute, the requirements for any given as -needed task order. Mark Webb, PE is a Roadway Design Lead who has 25 years of civil engineering experience on private and public sector projects valued at more than $1 billion. His experience includes road design, pedestrian bridges, master plans, erosion control and water quality structures, water and sewer studies, hydrology and hydraulics, grading, site planning and layout, earthwork, retaining walls, military SOQfor On -Call Project Support Services for National City's Capital Improvement Program 19 -39- ULT1NG, ac installations, schools, parks, universities, subdivisions, and construction observation. Mark has also taught CAD and design software and developed standards. Sampo Engineering, Inc. (SEI) is a full -service Civil Engineering, Surveying, SAMPO ENOINEENINCI.INQ Mapping and Land Planning small business located in the City of Encinitas, California. SEI is a SBE, DBE, and UDBE firm. SEI specializes in civil engineering design, plan preparation and surveying of residential, public works, commercial and Indian reservation projects. SEI work closely with our clients to study engineering and development alternatives and to provide quality projects on time and on budget. SEI continues to be a proven leader in the surveying and civil engineering fields, proudly serving San Diego, Imperial, Riverside and Orange Counties since 2002. Vincent Sampo, PE, LS is a Principal with 28 years of Civil Engineering and Land Surveying experience in San Diego County. Mr. Sampo is the main person responsible for checking, signing, and stamping all technical plans, maps, reports, and documents prepared by the firm. He has prepared numerous map procedures and easement legal descriptions and have performed construction inspections and provided construction support as requested by local authorities, developers, and contractors. Gary Christianson is a Survey Party Chief with 23 years of Land Surveying experience in San Diego County and Northern California. Mr. Christianson has extensive experience with GPS/RTK and Robotic Total Station Instruments that have been performed for Topography and Boundary Surveys, Right -of - Way Surveys, Construction Staking, Record of Survey and Corner Record Maps, Setting Monuments, Story Pole Surveys, Monitoring Well Surveys, and Easement Surveys. 13 t Schmidt Design Group, Inc. (SDG) provides comprehensive landscape 1 architecture and planning services, with an emphasis on balancing artistic design with environmental sensitivity. SDG is a client -centered, service - oriented small business dedicated to creating signature spaces that reflect the character and vision of the communities in which we work. Founded in 1983 by landscape architect and planner Glen Schmidt, FASLA, SDG has received more than 90 local, state and national awards for design and technical excellence. The firm is headquartered in San Diego, California with a branch office in the Sacramento area. Glen Schmidt, FALSA, is a Principal -in -Charge and has 37 years of planning and landscape architectural design experience for innovative projects within the Southwest have earned him a reputation for professionalism, quality, artistic integrity and environmental sensitivity. Mr. Schmidt is the lead design professional in the firm. The projects he has designed have won more than 100 local, state, and national awards for design excellence. Mr. Schmidt has been invited to speak at more than 50 conferences. In 2005, Mr. Schmidt was inducted as a Fellow in the American Society of Landscape Architects, a national honor based on his "significant works of landscape architecture" over an extended period of time. SOQ for On -Call Project Support Services for National City's Capital Improvement Program 20 -40- 4.0 Experience and Technical Competence This section describes the Stack team experience in completing projects that have direct relation to the experience necessary to completing the disciplines and general services as stated in Table 1 below. The sampling of projects goes back several years to show that the Stack team has a successful history of accomplishing these projects. 4.1 Matrix of Disciplines and General Services Table 1 provides the disciplines and general services that the Stack team is interested in providing services to the City. The assembled team is highly qualified to perform and succeed on these services due to our technical expertise and in-depth knowledge of the City. Table 1: Stack Team Disciplines and General Services Consultant Role „ '^ 3 II E w_ w o ca c z fo N v ECI irk m LL W m Q g w Q x 0 u Z elf o g p z Scope of Services Discipline Civil Engineering (includes streets and sewer infrastructure) ✓ Structural Engineering ✓ Mechanical Engineering ✓ Electrical Engineering ✓ Traffic Engineering ✓ Traffic Signal Communications & Systems Integration ✓ Traffic Data Collection (includes ADT, speed, and vehicle classification counts) ✓ Transportation Design & Planning (includes pedestrian and bicycle facilities) ✓ Architecture ✓ Landscape Architecture (Urban Planning & Design) ✓ ADA and Universal Design ✓ ✓ Utility Design & Coordination (includes Rule 20A Undergrounding & Joint Trench) ✓ • ✓ Land Surveying (perform field surveying, prepare plat & legal descriptions) ✓ Geotechnical (includes Soils & Materials Testing) ✓ S0Qfor On -Call Project Support Services for National City s Capital Improvement Program 21 -41- MC ULT G, k. Consultant Role Y Y In Dudek Sampo Ninyo & Moore Schmidt Design FPBA MA Engineers Katz & Assoc. Moffat & Nichol z Scope of Servicesui Environmental Engineering, Planning & Design (includes CEQA/NEPA, SUSMP and Water Quality Technical Reports, SWPPP, and Stormwater LID measures) ✓ Environmental Compliance (Stormwater, Wastewater, FOG and HAZMAT - regulatory permitting, compliance monitoring, inspections and reporting) ✓ Sewer System Management (Financial Administration, including Annual Sewer User Billing and Tax Roll Preparation) Project Management ✓ Construction Management & Inspections (includes Certified Payroll) ✓ ✓ Community Outreach ✓ u 1engineering, y w c W Planning and Design ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ i ✓ Engineering and Contract Management (includes technical analysis, studies, reports and presentations, PS&E, QA/QC, value bidding, response to RFIs, construction support and preparation of record drawings. ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Plan and Map Reviews ✓ Constructability Reviews ✓ ✓ ✓ Project Tracking and Progress Reports ✓ Grant Application and Delivery Requirements ✓ 4.2 Disciplines and General Services The Scope of Work in the RFQ details a broad list of disciplines and general professional services that may be encountered on future National City projects. All disciplines and general services tasks outlined in the RFQ (not including Sewer System Management) will be performed by the Stack Team. We have assembled a team with the most highly qualified and technical experts in the various disciplines required to work on any project. S0Q for On -Cali Project Support Services for National City's Capital Improvement Program 22 -42- Table 2: Stack Projects in National City Scope of Services Discipline General Services Electrical Engineering Traffic Engineering Traffic Signal Communication & Systems Integration Traffic Data Collection Transportation Design & Planning ADA and Universal Design Construction Mgmt. & Inspections Planning & Design Engineering and Contract Mgmt. Constructability Reviews Project Tracking & Progress Reports Grant Application & Delivery Requirements Stack National City Project Plaza Bonita Signal Modification ✓ ✓ ✓ ✓ ✓ ✓ 8th St. Smart Growth Revitalization Project ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ 8th St. Safety Enhancements ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Blue Line Station Improvements ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ 2013 HSIP Cycle 6 Grant Applications ✓ ✓ ✓ ✓ ✓ Traffic Signal Communication Services ✓ ✓ ✓ ✓ ✓ Plaza Boulevard Widening ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Plaza Blvd. and Palm Ave Analysis ✓ ✓ ✓ ✓ ✓ Walmart Entry and Highland Ave Analysis ✓ ✓ ✓ ✓ ✓ Traffic Signal Coordination Plans ✓ ✓ ✓ ✓ ✓ TLSP Grant Applications ✓ ✓ ✓ ✓ ✓ Public Works and Information Technology ✓ ✓ ✓ ✓ ✓ ✓ SOO.for On -Call Project Support Services for National City's Capital Improvement Program 26 -43- Stack Traffic Consulting • Fee Schedule • SB Certification -44- Fee Schedule Project Designation Hourly Rate Principal Manager $170 Senior Project Manager $165 Project Manager $150 Construction Manager $150 Senior Project Engineer $140 Construction Engineer/Inspector $130 Project Engineer $130 Associate Engineer $115 Assistant Engineer $100 Engineering Technician $80 Financial Account Manager $80 Administrative/Clerical $60 Engineering Intern $50 Note: The Fee Schedule is effective through December 31, 2014. Stack Traffic is a local business and there are no direct costs for mileage. Outsourced reimbursable expenses such as printing and reproductions, deliveries, and overnight services, computerized plotting, materials, shipping, postage, etc., will be charged to the client at the consultants cost without mark-up. -45- California Certification Report - p. 1 - Generated on Mar 17, 2014 California Certification Report • 3625 - STACK TRAFFIC CONSULTING, INC. - NIB Legal Business Name STACK TRAFFIC CONSULTING, INC. Doing Business As STACK TRAFFIC CONSULTING, INC. Address 2796 LOKER AVENUE WEST #102 CARLSBAD, CA 92010 Phone FAX (760) 602-4290 (619)342-8043 Email Web Page Active Certifications Business Types Classifications Keywords jasonstack@stacktId ic.corn http://www.stacktraffic.com SB (micro) Aug 14, 2013 - Aug 31, 2015 Service; [811015] Civil engineering [811017] Electrical and electronic engineering [811022] Transportation engineering Traffic Engineering, Intelligent Transportation Systems, Rail Grade Crossings, Construction Management, Traffic Signal Design, Signing and Striping, Traffic Control, Communication Systems and Networks, Traffic Operations -46- ©►udek • Firm Bio • Fee Schedule -47- FI<RiVI OVERVIEW/CONTACT INFORMATWN Dudek is an employee -owned, privately held firm, established in San Diego County in 1980. Our services are tailored to local public agencies that plan, design, construct, and manage public infrastructure, such as the City of National City (City). Dudek is a diversified, multi -discipline firm with professionals in biology, habitat restoration, environmental planning, regulatory compliance, urban forestry, hazardous materials remediation, civil engineering, hydrogeology, and construction management. DUDEK AT A GLANCE • Engineering News Record Top 200 U.S. Environmental Firms (2008-2013) * San Diego Business Journal #1 San Diego Environmental Consulting Firm (2007-2012) • Currently provide as -needed services to over 60 California public agencies Founded as a two -person wastewater engineering firm, Dudek has grown to be one of the largest California -headquartered environmental firms with more than 300 employees working in nine offices throughout the state. Dudek is an employee -owned company with 33 consecutive years of profitability and no debt. The firm is headquartered in Encinitas, California with over 200 employees working in San Diego County. Frank Dudek, the firm's founder, serves as president. Firm's Complete Legal Name and Address Legal Form of Company Address of Office from Which Work Will be Performed TABLE 1: FIRM INFORMATION Dudek 605 Third Street Encinitas, California 92024 California Corporation 605 Third Street Encinitas, California 92024 DUDEK'S CONSTRUCTION MANAGEMENT DIVISION Dudek's construction management professionals specialize in public infrastructure and building projects, and private -owner development projects. We employ project managers, inspectors (including special inspectors), resident engineers, administrative personnel, and specialty staff who blend technical knowledge with a commitment to meeting client needs. Mr. George Litzinger., P.E., started the construction management division in 1985. Since then, our team has managed complex projects involving multiple stakeholders such as regulatory agencies, contractors, consulting firms, and municipal agencies. AREA FAMILIARITY AND EXPERIENCE Dudek has extensive experience providing construction management and inspection services in San Diego County, most recently providing as -needed services to the cities of San Diego, Poway, and San Marcos. Consequently, Dudek has an excellent rapport with County and neighboring City's departments and utility companies that service the area, which will be an asset on the City's upcoming projects. Through our work in the area, -48- FIRM BACKGROUND AND EXPERIENCE Dudek has worked with many of the local contractors that will be bidding on the construction of the City's various projects. The expertise of our construction management team and knowledge of the construction process and procedures gives our team . a thorough knowledge of the construction climate in the area and the ability to successfully serve the City. Serving as our client's advocate' during construction projects, we combine detailed construction and engineering technical knowledge with a commitment to achieve a finished project that meets client's expectations. CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES • Project management • Construction coordination • Constructability reviews • Specification preparation and bidding services • Inspection/special inspections • Construction quality assurance/quality control • Document control • Scheduling • Contract administration • Claims avoidance and negotiation • Cost estimating • Forensic evaluation • Expert witness services • Public outreach • Federal funding reimbursement DUDEK'S ENVIRONMENTAL DIVISION We provide environmental planning, permitting, associated technical studies and long-term environmental mitigation —often in partnership with large transportation engineering and construction firms —on a variety of projects, including highways, rail lines, ports and airports. Our environmental documents address specialized approaches to avoid or minimize impacts to sensitive habitat and special -status wildlife resources that are often impacted by linear transportation projects. Through our established relationships with municipal, state and federal clients and resource agencies, we understand California's complex permitting expectations and hurdles, and are skilled at developing tailored approaches to difficult projects. Our engineering and construction management staff support our environmental team during the permitting process and provide site engineering and construction services on an as -needed, extension -of -staff basis to municipalities. ENVIORMENTAL SERVICES • Environmental Engineering Planning and Design • CEQA/NEPA • SUSMP • Water Quality Reports • Stormwater LID • SWPPP assurance/quality control • Biological Studies • Pemitting- Coastal, Endangered Species, Wetlands • Regulatory Compliance • Wastewater -49- DUDEK 2014 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES Project Director $250.00/hr Principal Engineer III $220.00/hr Principal Engineer II $210.00/hr Principal Engineer I $200.00/hr Program Manager $200.00/hr Senior Project Manager $190.00/hr Project Manager $185.00/hr Senior Engineer III $180.00/hr Senior Engineer II $170.00/hr Senior Engineer I $160.00/hr Project Engineer IV/Technician IV $150.00/hr Project Engineer III/Technician III $135.00/hr Project Engineer II/Technician II $120.00/hr Project Engineer I/Technician I $105.00/hr Project Coordinator $85.00/hr Engineering Assistant $75.00/hr ENVIRONMENTAL SERVICES Principal $225.00/hr Senior Project Manager/Specialist II $210.00/hr Senior Project Manager/Specialist I $200.00/hr Environmental Specialist/Planner VI $180.00/hr Environmental Specialist/Planner V $160.00/hr Environmental Specialist/Planner IV $150.00/hr Environmental Specialist/Planner III $140.00/hr Environmental Specialist/Planner II $130.00/hr Environmental Specialist/Planner I $120.00/hr Analyst $100.00/hr Planning Research Assistant $80.00/hr COASTAL PLANNING/POLICY SERVICES Senior Project Manager/Coastal Planner II $210.00/hr Senior Project Manager/Coastal Planner I $200.00/hr Environmental Specialist/Coastal Planner VI $190.00/hr Environmental Specialist/Coastal Planner V $170.00/hr Environmental Specialist/Coastal Planner IV $160.00lhr Environmental Specialist/Coastal Planner III $150.00/hr Environmental Specialist/Coastal Planner II $140.00/hr Environmental Specialist/Coastal Planner I $130.00/hr ARCHAEOLOGICAL SERVICES Senior Project Manager/Archaeologist II $210.00/hr Senior Project Manager/Archaeologist I $200.00/hr Environmental Specialist/Archaeologist VI $180.00/hr Environmental Specialist/Archaeologist V $160.00/hr Environmental Specialist/Archaeologist IV $150.00/hr Environmental Specialist/Archaeologist III $140.00/hr Environmental Specialist/Archaeologist II $130.00/hr Environmental Specialist/Archaeologist I $120.00/hr Archaeologist Technician II $70.00/hr Archaeologist Technician I $50.00/hr CONSTRUCTION MANAGEMENT SERVICES Principal/Manager $195.00/hr Senior Construction Manager $180.00/hr Senior Project Manager $160.00/hr Construction Manager $150.00/hr Project Manager $140.00/hr Resident Engineer $140.00/hr Construction Engineer $135.00/hr On -site Owner's Representative $130.00/hr Construction Inspector III $125.00/hr Construction Inspector II $115.00/hr Construction Inspector I $105.00/hr Prevailing Wage Inspector $135.00/hr DUDEK COMPLIANCE SERVICES Compliance Director $200.00/hr Compliance Manager $140.00/hr Compliance Project Coordinator $100.00/hr Compliance Monitor $90.00/hr HYDROGEOLOGICAL SERVICES Principal $235.00/hr Sr. Hydrogeologist III/Engineer III $200.00/hr Sr. Hydrogeologist II/Engineer II $180.00/hr Sr. Hydrogeologist I/Engineer I $165.00/hr Hydrogeologist V/Engineer V $150.00/hr Hydrogeologist IV/Engineer IV $130.00/hr Hydrogeologist III/Engineer III $120.00/hr Hydrogeologist II/Engineer II $110.00/hr Hydrogeologist I/Engineer I $100.00/hr Technician $100.00/hr DISTRICT MANAGEMENT & OPERATIONS District General Manager $175.00/hr District Engineer $160.00/hr Operations Manager ... $150.00/hr District Secretary/Accountant $85.00/hr Collections System Manager $95.00/hr Grade V Operator $100.00/hr Grade IV Operator $85.00/hr Grade III Operator $80.00/hr Grade II Operator $63.00/hr Grade I Operator $55.00/hr Operator in Training $40.00/hr Collection Maintenance Worker II $55.00/hr Collection Maintenance Worker I $40.00/hr OFFICE SERVICES Technical/Drafting/CADD Services 3D Graphic Artist $150.00/hr Senior Designer $135.00lhr Designer $125.00/hr Assistant Designer $120.001hr GIS Specialist IV $150.00/hr GIS Specialist III $140.00/hr GIS Specialist II $130.00/hr GIS Specialist I $120.00/hr CADD Operator III $115.00/hr CADD Operator II $110.00/hr CADD Operator I $95.00/hr CADD Drafter $85.00/hr CADD Technician $75.00/hr SUPPORT SERVICES Technical Editor III $140.00/hr Technical Editor II $125.O0/hr Technical Editor 1 $110.00/hr Publications Assistant III $100.00/hr Publications Assistant II $90.00/hr Publications Assistant I $80.00/hr Clerical Administration II $80.00/hr Clerical Administration I $75.00/hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.75 limes 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 current IRS allowable rates. Per diem where ovemigM stay is involved is charged at cost Invoices,Late Charges. - All fees will be billed to Client monthly and shall be due er payable upon receipt. Invoices are delinquent if not paid within thirty (30) days from tl date of the invoice. Client agrees 10 pay a monthly late charge equal to one percent (1' per month of the outstanding balance until paid in full. Annual Increases - Unless identified otherwise, these standard rates will increase 3 % annually. Effective January 1, 2014 -50- Ferguson Pape Baldwin Architects • Firm Bio • Fee Schedule -51- FERGUSON PAPE BALDWIN ARCHITECTS FIRM PROFILE Ferguson Pape Baldwin Architects Inc. (FPBA) is an architectural, interior design and planning firm engaged in a broad practice serving the private, governmental and institutional sectors. Founded in 1976, the firm has developed a particular expertise in the programming and design of specialized facilities for defense, corporate, life sciences, community and educational clients. In addition, our firm has designed numerous buildings and interior spaces for general office use, municipalities, communications, electronics, high security facilities biotechnical, manufacturing and research laboratories. Our scope of practice focuses on projects which enable the principals to maintain personal guidance and attention to detail from the conceptual phase through the final preparation of documents, including extensive interaction with our clients and governing agencies to ensure successful and timely completion of each project. FPBA has a strong project management system. Emphasis is placed on developing a firm grasp of program objectives, creative exploration of design alternatives, rigorous analysis and evaluation of alternatives, cost effectiveness and control, and thorough coordination of each design discipline. Firm Highlights • • • • Founded in 1976 Headquartered in San Diego Full -Service architectural, programming, planning and interior design firm Experience with local regulatory agencies for expedited review process Sustainable Design, LEED based - Energy Efficient and Environmentally Friendly Designs Current Awards • zo13 DBIA Award of Merit • 2012 TOBY Pacific Southwest Regional Award, Building Owners and Managers Association • 2011 Excellence in Construction Awards, ABC • zoli Orchid in People's Choice, SDAF • 2011 National SARA Superior Achievement and Professional Design Excellence Award • 2011 DBIA "Best Civic Project" Award • 2010 American Concrete Institute Award • 2010 Orchid in People's Choice, SDAF • 2010 AZA Excellence in Marketing Award • 2010 AZA Exhibit Award of Significant Achievement • 2010 SARA Merit Award in the Institutional Category • 2010 SARA Honor Award in the Projects in Design Category • zolo SARA Merit Award in the Commercial Category • 2009 Design Award of Excellence • zoog Design Award of Merit • zoog National Concrete Masonry Association • 2009 Edwin F. Guth Memorial "People's Choice" • zoo8 CMACN / AIACC Grand Award in Education -52- mary FEFIGUSDN r_ PAPE BALDWIN ARCHITECTS SCHEDULE OF HOURLY BILLING RATES (Effective February 1, 2012) Principal $185.00 Project Manager 155.00 Sr. Project Architect/Associate/Designer 130.00 Project Architect / Sr. Job Captain 115.00 Job Captain / Graphics 100.00 Drafter 85.00 Clerical 60.00 When authorized by the Owner in writing, expense of overtime work will be billed higher than regular rates. Reimbursable Expenses Reimbursable expenses are actual expenses made by the Architect, the Architects employees and consultants in the interest of the Project and include, but are not limited to the following expenses: 1. Expenses of transportation in connection with the Project; living expenses in connection with out-of-town travel and long distance communications, as approved by, and negotiated with Owner. 2. Expenses of reproductions including plotting/printing of CAD files and other electronic data, postage, delivery and handling of drawings and other documents. 3. Expenses of data processing and photographic production techniques when used in connection with Additional Services. Reimbursable expenses shall be billed at cost + 10% administration costs. James T. Ferguson Architect President Theodore R. Breunich Vice President CFO Philip J. Pape Architect Kennon W. Baldwin Architect Vice President Vice President Andrew S. Darragh Architect Daniel E. Rosenberg Architect Vice President Senior Associate 4499 Ruffin Road Suite 30D San Diego CA 92123 619 231 0751 Far 619 231 4396 www.fpbarch.com -53- Katz & Associates • Firm Bio • Fee Schedule SB Certification -54- Corporate Profile Katz & Associates, Inc. is a full -service communication firm specializing in public outreach programs for community and environmental planning, public works projects, and resource management. With headquarters in San Diego and offices in Sacramento, San Francisco, and Los Angeles, Katz & Associates offers a diverse team of communication professionals with expertise in all forms of communications, including public participation, community relations, environmental communication, risk communication, stakeholder research and analysis, facilitation, citizen advisory committees, consensus building, media relations, public information and education, coalition management, and website maintenance and support. A certified small and woman -owned business enterprise, Katz & Associates works for a diversity of government clients at a diversity of scales, from federal agencies and the military to state agencies, regional governments and districts, and cities and small towns. Each of the firm's skilled professionals is committed to ensuring our clients consistently receive the highest -quality, most reliable and resourceful service. The Katz & Associates staff work alongside our clients to develop and implement public outreach strategies and plans to inform, educate, and involve the public, elected officials, government agencies, nongovernmental organizations and other stakeholders to build more effective partnerships and, ultimately, make better decisions. Throughout our 28 years of service, our firm has developed quality experience in partnering with clients to design and implement an array of public outreach and involvement programs. We have the experience and resources to meet the needs of small to large-scale projects, from the most common to the most controversial or high -profile projects. We also have unique capabilities in communicating about public safety and health risks to concerned members of the public. With this experience and knowledge in hand, Katz & Associates can design the strategy and implement the techniques necessary for successful, full -service public involvement, stakeholder outreach and media relations programs. Please visit www.Katz.4ndAssociates.com to learn more about our services, project experiences, staff and thought leadership. Local/Regional Experience Our staff has worked in almost every community in San Diego County, implementing public participation, construction relations, consumer education, business process improvement and ballot proposition outreach programs. Within the region we have played instrumental roles in general and community plan development, transit planning and construction, complete street studies, infill development strategies, highway expansions, integrated regional water planning and the NPDES permit update, habitat restoration and conservation, border infrastructure and community planning, water supply projects, and traditional and alternative energy programs. We also have the unique qualification of multiple onsite staff placements in our clients' offices, including the City of San Diego, working alongside city employees on long-term programs. No communication firm understands government initiatives, stakeholders or challenges in the San Diego region better than Katz & Associates. -55- KATZ & ASSOCIATES, INC. 2014 HOURLY RATES Labor Classification 2013 Hourly Rate* President $ 240 Senior Vice President $ 225 Executive Vice President $ 215 Vice President $ 200 Senior Director $ 190 Director $ 180 Senior Account Supervisor $ 170 Account Supervisor $ 160 Senior Account Executive $ 150 Account Executive II $ 130 Account Executive I $ 120 Assistant Account Executive $ 90 Account Assistant $ 85 Graphic Design $ 85 Account Coordinator $ 70 Project Support $ 60 *Rates are subject to a 5% annual escalation, beginning January 1, 2015. Katz & Associates, Inc. -56- California Certification Report - p. 1 - Generated on Mar 17, 2014 California Certification Report 7878 - KATZ 8 ASSOCIATES - SB Legal Business Name KATZ & ASSOCIATES Doing Business As KATZ & ASSOCIATES Address 2998 Douglas Blvd #300 ROSEVILLE, CA 95661 Phone FAX (916)239-4615 (916) 492-0927 Email Web Page Active Certifications Business Types Classifications Keywords adavis@katzandassociates.com http://www,katzandassociates.com SB Oct 30, 2013 - Nov 30, 2014 Service; [801015] Business and corporate management consultation services [801016] Project management [801715] Situation and stakeholder analysis and communications planning services [801716j Publicity and marketing support services [801720] Professional communication services [801721] Issues and crisis management services [861321] Training planning, facilitation and delivery services [931421] Regional development PUBLIC INVOLVEMENT, SOCIAL MARKETING, ISSUES MANAGEMENT, CONSTRUCTION RELATIONS, STRATEGIC PLANNING, CREATIVE COMMUNICATION, COMMUNITY OUTREACH, ENVIRONMENTAL RISK COMMUNICATION, FACILITATION, MEDIA RELTAIONS, BEHAVIOR CHANGE, PUBLIC AWARENESS AND EDUCATI -57- MA Engineers • Firm Bio • Fee Schedule • SB Certification -58- MA ENGINEERS, INC. CONSULTING MECHANICAL ENGINEERS INTRODUCTION MA Engineers is a full -service mechanical engineering firm providing professional consulting services for universities, K-12 education, healthcare, laboratory, civic, government, entertainment, military and office facilities of all types. Our focus has always been to deliver innovative, sustainable, energy -saving design solutions —the type of systems that stand up to the daily rigors of use. Ultimately, our systems are designed to last, to run efficiently and to save ownership money. CONTACT INFORMATION Michael Akavan, PE, LEED AP—Principal/CEO T 858.200.0030 / F 858.200.0037 makavan@ma-engr.com Melanie Enriquez—Marketing Director T 858.200.0030 / F 858.200.0037 menriquez@ma-engr.com SERVICES • HVAC systems design • Plumbing systems design • Fire protection systems • Building automation systems • Sustainable design • Energy audits and analysis • Campus master planning • Commissioning • Design build services YEARS IN BUSINESS 9 years as MA Engineers, 17 years as GEM Engineering STAFF Principals 9 Project Engineers 6 Designers 11 Other 7 Total: 33 Registered Professionals 11 LEED Accredited Professionals 12 S160Carm!: Carron ftri. Swle 200, San D:ego, Cal:tornia 92121 0858.200.0330 t'=858200.0037 xww.ma-enorcom -59- Principals Michael Akavan, PE, LEED AP Roy Campbell, PE, LEED AP Jerry Coult, CPD, LEED AP H. Douglas Fish, PE Karl Fish, LEED AP Richard Hernandez, CPD, LEED AP David Noji, LEED AP Torn Lunneberg, PE, LEED AP BD+C HOURLY PROFESSIONAL MECHANICAL ENGINEERING SERVICES Principal $195.00 Associate $170.00 Project Manager $150.00 Project Engineer $125.00 Senior Designer $100.00 Designer $85.00 CAD Operator $75.00 Administrative $70.00 CONSULTING MECHANICAL ENGINEERS 5160 Carroll Canyon Rd, Suite 200, San Diego, California 92121 , (D858,200.0030 0858.200.0031 i www.ma-engr.com -60- California Certification Report- p. 1 - Generated on Mar 17, 2014 California Certification Report 6270 - MA ENGINEERS, INC. - MB Legal Business Name Doing Business As Address MA ENGINEERS, INC. MA ENGINEERS, INC. 5160 CARROLL CANYON RD, SUITE 200 SAN DIEGO, CA 92121 Phone FAX (858) 200-0030 (858) 200-0037 Email Web Page Active Certifications Business Types Classifications Keywords twills@ma-engr.com http://www.ma-engr.com SB (micro) Aug 11, 2013 Aug 31, 2015 Service; [811016] Mechanical engineering CONSULTING MECHANICAL ENGINEERS -61- Moffat & Nichol • Firm Bio • Fee Schedule -62- hat mottatt & nichoi FIRM NAME Moffatt & Nichol California Corporation LOCAL ADDRESS 1660 Hotel Circle North Suite 500 San Diego, CA 92108 LOCAL CONTACT Perry Schacht PE, SE Structural Lead 619-220-6050 pschacht@moffattnichol.com LOCAL REGISTERED ENGINEERS Structural: 3 Bridge: 4 Structural Designers: 9 LOCAL TECHNICIANS Structural: 4 LIST OF ON -CALL CONTRACTS San Diego Gas & Electric — Structural Port of San Diego — I&RSANDAG — Bridge QA/QC County of San Diego — Bridge Design Moffatt & Nichol l Structural Engineering Moffatt & Nichol will provide structural on -call services to the City of National City from their San Diego office. The San Diego office has 40 staff primarily dedicated to structural engineering. They specialize in the following areas: • General Structural Engineering • Structural Inspection and Rehabilitation (I&R) • Bridge Engineering • Advance Structural Modeling They are adept at providing multiple small to large projects through their on -call contracts. The I&R group will be made available to respond to emergency needs of the City. Moffatt & Nichol is headquartered in Long Beach, California and provides multidisciplinary engineering services from concept planning through design and construction support for a diverse group of public, corporate and private sector clients. Of special note is their advanced structural modeling capability. These models are used to model seismic retrofits and structural rehabilitation projects which often result in reduced construction cost for their clients. -63- Moffatt & Nichol Fee Schedule Project Designation Billing Rate Principal Structural Manager, SE $ 210 Bridge Manager, PE $ 190 Senior Engineer (Structural), PE $ 180 Senior Cost Estimator, PE $ 170 Engineer (Structural), PE $ 155 Engineer, PE $ 145 Associate Engineer, PE $ 125 Junior Engineer, EIT $ 90 Senior Structural Technician $ 120 Structural Technician $ 90 Administrative /Clerical $ 75 Engineering lntern $ 55 Note: The Fee Schedule is effective through December 31, 2015 -64- NDS • Firm Bio • Fee Schedule • SB Certification -65- National Data Sr Surveying Services COMPANY Corporate Office 8370 Wilshire Blvd. Ste 205 Beverly Hills, CA 90211 T- (323) 782-0090 F- (323) 375-1666 Email: Infona ndsdata.com We Understand Traffic Founded in 1989, NDS was established to deliver accurate and cost-effective solutions to our clients data collection needs. NDS has over 25 years of successful corporate operations that has established us as one of the largest full service, transit and GPS/GIS data collection companies in the nation. We perform numerous data collection analysis for clients/jurisdictions throughout California, Nevada, Arizona, Georgia, North Carolina and their surrounding states. Our Staff NDS has an experienced team of over 100 professional full-time employees that have undergone extensive training to ensure the successful coordination and completion of your project. NDS is the largest and most experienced traffic data collection firm on the west coast, with over 20 years experience. NDS Corporate Headquarters is located in Beverly Hills CA with local field offices in all major metro areas along the west coast including San Diego, CA. NDS' San Diego team has approximately 10 Full Time Professionals that will be available to work on this project. NDS can leverage our experience and expertise to deliver accurate and timely data to the City of National City in a most professional manner. Within the last 12 months, NDS has completed 2500+ projects for over 300 clients within our active/repeat customer database NDS Field technicians are required to attend training seminars held throughout the year that focus on data collection methodology, equipment management, safety and the application of new technologies. Field managers actively supervise local crews to ensure that jobs are performed properly and that specific client request are met. NDS's size and centralized locations allow for interoffice cooperation on larger projects that can both reduce the number of days needed for collection and retain the integrity of important corridors. Large projects necessitating multiple teams are managed within the central office, requiring daily status updates from field managers. All NDS personnel complete field observation training that emphasizes the importance and awareness, notating abnormal conditions and immediately notifying the office with any information that may affect the integrity of the data collection effort. NDS personnel are prepared to respond to any changes in requests promptly and efficiently. Our Clients NDS maintains a high repeat rate with active clients that include over 100 government entities and over 200 engineering firms. NDS is certified as a Small Business Enterprise (SBE) by the State of California. -66- No.1P S National Data & Surveying Services Corporate Office 8370 Wilshire Blvd. Ste 205 Beverly Hills, CA 90211 T- (323) 782-0090 F- (323) 375-1666 Email: Info anndsdata.com SERVICES AND CAPABILITIES Supporting both public and private clients, NDS provides a wide range of data collection and engineering services. All team members are experienced, full time staff who can leverage their collective experience to ensure the successful completion of your project in a timely manner. NDS provides their clients with digital files and customized reports. The files can be delivered in Excell, Jamar, ASCII, PDF, Synchro , Traffix or any client specified format. ROADWAY STUDIES • Intersection Turning Movements • Pedestrian & Bicycle studies • ADT (24 Hour Machine Counts) • Axle/Classification Studies (24 hour & Manual) • Speed Studies (24 Hour & Radar) • Gap Studies • Right -Turn -On -Red Studies • Time Delay & Queuing Studies • Travel Time & Delay Studies • Video Surveillance & Analysis Other Surveys • License, Parking, Occupancy & Driveway Studies • Mall, Casino & Theme Park Pedestrian Traffic • Origin/Destination Studies • Transit Ridership Studies • Customized Written And Oral Surveys GPS/GIS Data Collection • We are trained in collecting GPS Data with Sub -Meter Accuracy • Asset Management Inventory Studies • Citywide Street Sign Mapping • Traffic Sign Inventory With Retro Reflectivity (MUTCD) • Sewer System Mapping • Travel Time Studies With GPS • GIS Arc Maps Sample Studies • Weaving Analysis • Railroad Studies • Occupancy Studies • Intersection Violation Studies • Pedestrian Studies Wavetronix • Radar Driven Vehicle detection 2 -67- National Date & Surveying Services Outer Areas Outer Areas Southern California Pricing TURNING MOVEMENTS $110 ($125 w/peds & bikes) $140 $175 ($200 w/peds & bikes) $200-235 $251 ($288 w/peds & bikes) $280-320 • MACHINE:001,PM • .• • A!,:,1444g0A(4402r,, $50 $70 $100 ($120 for Speed, Volume & Class) $135 ($155 for Speed, Volume & Class) $38 $45 $220 $280 $350 $400-470 $502 $560-600 $30 $35 $45 ($55 for Speed, Volume & Class) $45 ($55 for Speed, Volume & Class) $50 $75 $120 $120 $150 $50 $25/Hour Outer Areas $200-$300 $75-$100 $25/Hour Prices are per hour (2 hour minimum unless accompanying other services) Parking surveys less than 4 hours will be billed at a 4 hour ITM rate. **Volume Discount will be applied to orders of 20 or more locations. -68- California Certification Report - p. 1 - Generated on Mar 17, 2014 California Certification Report 0052 - ALL. TRAFFIC DATA - NIB LegalBusiness Name NATIONAL DATA & SURVEYING SERVICES, INC. Doing Business As ALL TRAFFIC DATA Address 8370 Wilshire Blvd Ste 205 BEVERLY HILLS, CA 90211 Phone (323) 782-0090 FAX (323) 375-1666 Email michael@ndsdata.com Web Page http://www.ndsdata.com Active Certifications SB (micro) Feb 28, 2013 - Feb 28, 2015 Business Types Service; Classifications [461615] Traffic control [811015] Civil engineering [811022] Transportation engineering Keywords traffic pedestrian survey gis gps parking turning movement ADT -69- Ninyo & Moore • Firm Bio • Fee Schedule • MBE Certification -70- NINYO & MOORE COMPANY PROFILE Ninyo & Moore Geotechnical and Environmental Sciences Consultants was established to provide geotechnical and environmental engineering, soil and materials testing, and inspection services to clients in the governmental (federal, state, and local), commercial, and private sectors. Ninyo & Moore has helped clients develop and implement innovative solutions to geotechnical and environmental challenges since 1986. Services provided by Ninyo & Moore encompass all phases of a project, from the planning stage through design and construction. With offices in Nevada, California, Arizona, Colorado, and Texas, the firm is fully committed to being responsive, cost-efficient, and thorough in meeting its clients' project needs and objectives. Since 1986, clients have turned to Ninyo & Moore, a Minority Business Enterprise, for innovative solutions to complex geotechnical and environmental challenges. As a leading geotechnical and environmental sciences engineering and consulting firm, Ninyo & Moore provides specialized services to clients in both the public and private sectors. The quality of Ninyo & Moore's personnel base has become widely recognized. The firm's 400 professionals include registered geotechnical and civil engineers, geologists, hydrogeologists, engineering geologists, stormwater practitioners, geophysicists, environmental scientists, certified field technicians and special inspectors, and specialists in fields such as regulatory issues and interpretation, hazardous waste management, health and safety, and remedial action planning. Ninyo & Moore's geotechnical division provides geotechnical engineering, feasibility studies, seismic and geologic hazards investigations, foundation investigations, pavement design, pile design, slope stability evaluations, soil classification, geophysical evaluations, subsurface explorations, evaluation of liquefaction potential, preparation of earthwork and foundation specification, water resource development planning, and forensic engineering. We have provided these services throughout the western United States for a variety of projects including airports, bridges, commercial developments, dams, educational facilities, harbor and offshore structures, highways and roadways, hospitals, industrial developments, landfills, light rail transit lines, parks and recreational facilities, pipelines, power stations, railroads, residential developments, reservoirs and tanks, transmission lines, tunnels, water treatment plants, and wastewater treatment plants. Ninyo & Moore's environmental division performs Phase I and II environmental site assessments and audits, asbestos and lead paint surveys, underground storage tank assessments, hazardous waste investigations, regulatory compliance, water resource development, soil and groundwater contamination studies, and remediation services. We have provided these services for a variety of clients including local, state and federal governments, Department of Defense agencies, lenders, and commercial developers. Ninyo & Moore's materials testing division provides full -scope soils, materials testing, and special inspection services utilizing our certified/accredited/licensed laboratory facilities and personnel. From small additions to new high school campuses, hospitals, commercial/industrial complexes, freeways, and airports, our Materials Testing Division has the experienced personnel to provide Quality Control (QC) and Quality Assurance (QA) testing and inspection services for your project. Ninyo & Moore's soils technicians are trained by registered geotechnical engineers under accreditation procedures approved by the American Association of State Highway Officials (AASHTO), Our concrete technicians are certified by the American Concrete Institute (ACI). Our construction inspectors are certified in the disciplines of concrete, prestressed concrete, masonry, structural steel, fireproofing, and soil by the International Code Council (ICC). Additionally, selected structural steel inspectors are certified by the American Welding Society (AWS). Selected construction inspectors are certified as Inspectors of Record by the Office of Statewide Hospital Planning and Development (OSHPD). Our inspectors are also certified by local municipal building inspection departments for which we have performed various public works projects. Testing Facilities Ninyo & Moore offers fully equipped, well staffed, state-of-the-art laboratory facilities performing a range of laboratory testing services under the supervision of a registered civil engineer. Ninyo & Moore's laboratories are capable of performing a wide variety of soil, concrete, asphalt, and steel testing. Laboratory testing equipment is calibrated any / inure Emperience1 Quality I Commitment -71- NINYO & MOORE COMPANY PROFILE annually by representatives utilizing equipment traceable to the National Institute of Standards and Technology, and is regularly inspected by the Cement and Concrete Reference Laboratory (CCRL). Ninyo & Moore's testing laboratories have been inspected and/or accredited by AASHTO, AMRL, CCRL, Caltrans, the Division of the State Architect (California), the City of Los Angeles, the City of San Diego, and the U.S. Army Corps of Engineers. National City Experience Specific to National City, Ninyo & Moore is providing on -call geotechnical consulting, geotechnical observation, and materials testing services to the City of National City for various Capital Improvement Program and City projects. The geotechnical consulting services have been provided in the form of a geotechnical evaluation for the construction of new exterior improvements to the National City Cultural Arts Center, Geotechnical observation and materials testing services have been provided for various projects including the Marina Gateway Streetscape project, the Morgan - Kimball Senior Housing Pavement Rehabilitation project, and the National City Street Resurfacing project for the 2010-2011 fiscal year. Projects under this contract have included: • 8th Street Improvements Phase II • Aquatic Center • Citywide Pedestrian Ramps • Concrete Improvements FY 11-12 • Cultural Arts Center Deck • Marina Gateway Streetscape • Morgan Kimball Senior Housing • National City Drainage Improvements • Safe Routes to School • Street Resurfacing 12-06 • Street Resurfacing FY10-11 Project Team Mr. Emil Rudolph, PE/GE/QSD/QSP, manages the geotechnical aspects and material testing portions of construction projects; performs field evaluations of grading removals, keyways, and foundation excavations; and reviews concrete mix design submittals. His position also includes the coordination of geotechnical and forensic evaluations including the review of field exploratory data to interpret subsurface geologic conditions, the calculation of slope stability modeling and other geotechnical calculations, and the preparation of geotechnical reports and distress surveys of slopes, buildings, pavements, retaining walls, and other improvements, as well as expert witness testimony. Mr. Jeffrey Kent, PE/GE, conducts geotechnical investigations and analyses, prepares geotechnical reports, reviews plans and specifications, and coordinates and conducts field and laboratory investigations. Mr. Kent also develops scope of work for materials testing and inspection projects, provides supervision and technical guidance to field and laboratory personnel; oversees field observation, testing, and inspection of compacted fills, concrete, reinforced concrete, post -tensioned concrete, asphalt concrete, structural masonry, steel welds, bolting, spray -applied fireproofing, and other building materials; analyzes and reviews field and laboratory data; and authors and reviews materials testing and inspection reports. Mr. Kent is the Project Manager on Ninyo & Moore's current National City contract. MBE Certification Additionally, Ninyo & Moore is a certified Local Business and Minority Owned Business Enterprise (MBE). Agencies with which Ninyo & Moore is certified include the City of Los Angeles, County of Los Angeles, CPUC WMBE Clearinghouse, Bay Area Rapid Transit District, and various Minority Supplier Development Councils. Ijingo&NV©are Experience I Quality r Commitment -72- City of National City March 2014 SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL Principal Engineer/GeologistlEnvironmental Scientist $ 139 Senior Engineer/Geologist/Environmental Scientist $ 133 Senior Project Engineer/Geologist/Environmental Scientist $ 127 Project Engineer/Geologist/Environmental Scientist $ 123 Senior Staff Engineer/Geologist/Environmental Scientist $ 109 Staff Engineer/Geologist/Environmental Scientist $ 96 GIS Analyst $ 96 Field Operations Manager $ 93 Nondestructive Examination Technician, UT, MT, LP* $ 93 Pull Test Technician and Equipment* $ 93 Supervisory Technician* $ 93 Senior Field/Laboratory Technician* $ 87 Technical Illustrator/CAD Operator $ 87 Field/Laboratory Technician* $ 87 ACI Concrete Technician* $ 87 Concrete/Asphalt Batch Plant Inspector $ 87 Special Inspector, Reinforced Concrete* $ 87 Special Inspector, Pre -stressed Concrete* $ 87 Special Inspector, Reinforced Masonry* $ 87 Special Inspector, Structural Steel*.. $ 87 Special Inspector, Welding, AWS* $ 87 Special Inspector, Fireproofing* $ 87 Geotechnical/Environmental/Laboratory Assistant $ 53 Information Specialist $ 52 Data Processing, Technical Editing, or Reproduction $ 44 OTHER CHARGES Concrete Coring Equipment (includes one technician) $ 160 /hr Special Preparation of Standard Test Specimens $ 64 /hr Inclinometer Usage $ 32 /hr Vapor Emission Kits $ 30 /kit Rebar Locator (Pachometer) $ 10 /hr Nuclear Density Gauge Usage $ 9 /hr Field Vehicle Usage $ 8 /hr Direct Project Expenses Cost Laboratory testing, geophysical equipment, and other special equipment provided upon request. NOTES (Field Services) For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday con- struction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal construction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 4-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8-hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. indicates rates that are based on Prevailing Wage Determination made by the State of Califomia, Director of Industrial Relations on a semiannual basis. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage De- termination during the life of the project. INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. TERMS AND CONDITIONS The terms and conditions of providing our consulting services include our limitation of liability and indemnities as pre- sented in Ninyo & Moore's Work Authorization and Agreement. Prevailing Wage -73- City of National City March 2014 SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Soils Atterberg Limits, D 4318, CT 204 $ 145 California Bearing Ratio (CBR), D 1883 $ 440 Chloride and Sulfate Content, CT 417 & CT 422 $ 135 Consolidation, D 2435, CT 219 $ 275 Consolidation — Time Rate, D 2435, CT 219 $ 70 Direct Shear— Remolded, D 3080 $ 290 Direct Shear— Undisturbed, D 3080 $ 250 Durability Index, CT 229 $ 150 Expansion Index, D 4829, UBC 18-2 $ 165 Expansion Potential (Method A), D 4546 $ 145 Expansive Pressure (Method C), D 4546 $ 145 Geofabric Tensile and Elongation Test, D 4632 $ 165 Hydraulic Conductivity, D 5084 $ 300 Hydrometer Analysis, D 422, CT 203 $ 190 Moisture, Ash, & Organic Matter of Peat/Organic Soils $ 110 Moisture Only, D 2216, CT 226 $ 30 Moisture and Density, D 2937 $ 39 Permeability, CH, D 2434, CT 220 $ 230 pH and Resistivity, CT 643 $ 140 Proctor Density D 1557, D 698, CT 216, & $ 180 AASHTO T-180 (Rock corrections add $80) R-value, D 2844, CT 301 $ 250 Sand Equivalent, D 2419, CT 217 $ 90 Sieve Analysis, D 422, CT 202 $ 110 Sieve Analysis, 200 Wash, D 1140, CT 202 $ 90 Specific Gravity, D 854 $ 90 Thermal Resistivity (ASTM 5334, IEEE 442) $ 800 Maxie Shear, C.D, D 4767, T 297 $ 390 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt$ 330 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt$ 190 Triaxial Shear, U.U., D2850 $ 140 Unconfined Compression, D 2166, T 208 $ 100 Wax Density, D 1188 $ 90 Roofing Built-up Roofing, cut-out samples, D 2829 $ 165 Roofing Materials Analysis, D 2829 $ 500 Roofing Tile Absorption, (set of 5), UBC 15-5 $ 190 Roofing Tile Strength Test, (set of 5), UBC 16-5 $ 190 Masonry Brick Absorption, 24-hour submersion, C 67 $ Brick Absorption, 5-hour boiling, C 67 $ Brack Absorption, 7-day, C 67 . $ Brick Compression Test, C 67 $ Brick Efflorescence, C 67 $ Brick Modulus of Rupture, C 67 $ Brick Moisture as received, C 67 $ Brick Saturation Coefficient, C 67 $ Concrete Block Compression Test, 8x8x16, C 140 $ Concrete Block Conformance Package, C 90 $ Concrete Block Linear Shrinkage, C 426 $ Concrete Block Unit Weight and Absorption, C 140 $ Cores, Compression or Shear Bond, CA Code $ 55 Masonry Grout, 3x3x6 prism compression, UBC 21-18 $ 30 Masonry Mortar, 2x4 cylinder compression, UBC 21-16 $ 30 Masonry Prism, half size, compression, UBC 21-17$ 110 C2 Prevailing Wage 45 55 60 45 45 40 35 50 60 440 120 55 Concrete Cement Analysis Chemical and Physical, C 109 $ 1,650 Compression Tests, 6x12 Cylinder, C 39 $ 22 Concrete Mix Design Review, Job Spec $ 140 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI $ 750 Concrete Cores, Compression (excludes sampling), C 42 $ 55 Drying Shrinkage, C 157 $ 250 Flexural Test, C 78 $ 50 Flexural Test, C 293 $ 55 Flexural Test, CT 523 $ 60 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI $ 250 Jobsite Testing Laboratory Quote Lightweight Concrete Fill, Compression, C 495 $ 40 Petrographic Analysis, C 856 $ 1,100 Splitting Tensile Strength, C 496 $ 80 Reinforcing and Structural Steel Fireproofing Density Test, UBC 7-6 $ 55 Hardness Test, Rockwell, A-370 $ 60 High Strength Bolt, Nut & Washer Conformance, set, A-325 $ 120 Mechanically Spliced Reinforcing Tensile Test, ACI $ 95 Pre -Stress Strand (7 wire), A 416 $ 140 Chemical Analysis, A-36, A-615 $ 120 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 $ 50 Structural Steel Tensile Test: Up to 200,000 lbs. (machining extra), A 370 $ 70 Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI $ 55 Asphalt Concrete Asphalt Mix Design, Caltrans $ 2,200 Asphalt Mix Design Review, Job Spec $ 150 Extraction, % Asphalt. including Gradation, D 2172, CT 382 $ 215 Film Stripping, CT 302 $ 100 Hveem Stability and Unit Weight CTM or ASTM, CT 366 $ 195 Marshall Stability, Flow and Unit Weight, T-245 $ 215 Maximum Theoretical Unit Weight, D 2041 $ 120 Swell, CT305 $ 165 Unit Weight sample or core, D 2726, CT 308 $ 90 Aggregates Absorption, Coarse, C 127 $ 35 Absorption, Fine, C 128 $ 35 Clay Lumps and Friable Particles, C 142 $ 100 Cleanness Value, CT 227 $ 120 Crushed Particles, CT 205 $ 140 Durability, Coarse, CT229 $ 130 Durability, Fine, CT 229 $ 130 Los Angeles Abrasion, C 131 or C 535 $ 180 Mortar making properties of fine aggregate, C 87 $ 276 Organic Impurities, C 40 $ 55 Potential Reactivity of Aggregate (Chemical Method), C 289 $ 390 Sand Equivalent, CT 217 $ 90 Sieve Analysis, Coarse Aggregate, C 136 $ 105 Sieve Analysis, Fine Aggregate (including wash), C 136 $ 105 Sodium Sulfate Soundness (per size fraction), C 88 $ 160 Specific Gravity, Coarse, C 127 $ 75 Specific Gravity, Fine, C 128 $ 85 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. -74- NOTICE OF VERIFICATION AND CERTIFICATION February, 6 2014 Elizabeth Brooks Ninyo & Moore 5710 Ruffin Road San Diego, CA 92123 CHS Verification Order Number: 90CS0160 Congratulations, the Supplier Clearinghouse is pleased to inform you that in accordance with General Order 156, your business enterprise has successfully completed the verification process, and your company has received the following certification: MBE Your company will now be recognized by the Joint Utilities as a women and/or minority -owned business when competing for procurements by public utilities participating in the Utility Supplier Diversity Program. Your Certification is valid for three years and you are required to re -verify your company's WMBE status at least 30 days prior to your expiration date. Please notify our office of any change in your address or contact information so that we can maintain your most current contact information. You must notify our office of any change in ownership and/or control of your company within 30 days of the change, Failure to provide that notification is in violation of section 8285 of the Public Utilities Code and could render your certification status invalid. If your company was verified and certified under the CAV (Comparable Agency Verification) process, your certificate status will expire on the same expiration date as that of the comparable agency except for SBA 8a Certificates that are valid for a seven year period. However, please note that the maximum verified certification period for the Supplier Clearinghouse is three years regardless of any CAV expiration date in excess of three years. The Supplier Clearinghouse may request additional information or conduct an on -site visit at any time during the term of your verified certification status. The Supplier Clearinghouse may reconsider your certification status and possibly rule invalid your verified status if it is determined that the status was knowingly obtained by false, misleading and/or incorrect information. Also note that if in a formal opinion, the California Public Utilities Commission determines that the WMBE verification criteria under which you were deemed eligible is no longer valid, then your status may change or you may be required to comply with the change to maintain eligibility. Thank you for participating in the Utility Supplier Diversity program. We wish you much success in your business endeavors. Feel free to contact our office if you have questions, or visit our website at www.thesunnlierclearinghouse.com. The Supplier Clearinghouse -75- NV5 a Firm Bio • Fee Schedule -76- V BEYOND ENGINEERING NV5 is a firm of professionals that directs their talent and experience into creating better solutions. Established in 1949, we are a publicly -owned and traded national corporation, incorporated in California. We have a reputation for excellence earned from a long list of established clients, with a focus on communities and a mission to use engineering to improve the quality of those communities. Our services are traditional — engineering, surveying, planning, construction management, and construction support — but our attitude, approach, and delivery are unique. The relationships we establish with our clients, our commitment to sustainability, and our involvement in the communities we live and work in set us apart from other companies. The result is that we go 'Beyond Engineering' every day, for every client, in a way that gives our clients a competitive advantage. Firm -wide, we offer 420 professional engineers, land surveyors, and support staff. We have 78 personnel located in a long-established office in San Diego. Located nearby, our staff can respond quickly and easily to your needs. NV5 has a long and successful working relationship with agencies including many local municipalities in San Diego County. With our team's prior experience in National City, we will expand working relationships with your staff and stakeholders. By selecting NV5 for this on -call, you will ensure that your projects are completed in compliance with current local and regional procedures while also being cost-effective and on time. -77- Fee Schedule City of National City On -Call Consultant Services Hourly Rate Schedule Staff Classification 2014 Rate Principal $199.00 Associate $180.00 Sr. Project Manager/Engineering Manager $175.00 Assistant Project Manager/Sr. Civil Engineer $160.00 Associate Engineer $130.00 Assistant Engineer $120.00 Engineer I/Staff Engineer $90.00 5r. Civil Designer $110.00 CADD Technician III $110.00 Clerical/Administrative/Engineering Aide $60.00 Notes: 1. Hourly rates are fully burdened / loaded, including full compensation for all overhead and profit. Billing rates include provision for normal supplies and materials, in-house reproduction services, and local travel costs. 2. Reimbursable expenses will be charged at cost plus 10%. Reimbursable expenses shall include external reproduction services, deliveries, postage, electronic media, reference drawings, scanning, per diem and agency fees paid by consultant. 3. Travel outside of San Diego County will be charged at current IRS rate. 4. Subconsultants will be charged at cost. V 5 _78_ DLTONo Old Rem.we Sampo Engineering Firm Bio • Fee Schedule • DBE Certification -79- SAMPD ENGINEERING, INC. City of National City On -Call Project Support Services for Capital Improvement Program Corporation Sampo Engineering, Inc, has been an S Corporation since 2002. The business is one hundred percent owned and operated by Vincent Sampo, President and Native American member of the Juaneno Band of Mission Indians, tribal member no. 4383. Primary Point of Contact Vincent Sampo, Project Manager Sampo Engineering, Inc. 171 Saxony Road, Suite 213 Encinitas, CA 92024 760-436-0660 ext. 10 760-436-0659 fax vince(a/sampoengineering.com Team Organization and Key Personnel Vincent Sampo- Project Manager, RCE No. 44173, PLS 7655 Farid Dost-Project Engineer, RCE 81086 Dallas Buckner -Civil Designer, Survey Instrument Man, EIT 147110 Gary Christianson -Survey Party Chief Experience and Technical Competence Sampo Engineering, Inc. (SEI) is a private Land Surveying and Civil Engineering DBE/UDBE consulting firm located in the City of Encinitas, California. SEI has specialized in public works and land development projects throughout San Diego County for over twenty eight years. SEI offers a variety of professional consulting services including: Surveying Topographic Surveys Right -of- Way Surveys Construction Staking Property Boundary Surveys Monitoring Well Surveys Mapping Right -of -Way Assessments Easement Documents Comer Records Records of Survey Subdivision and Parcel Maps Boundary Adjustments Civil Engineering Grading and Drainage Plans Improvement Plans Erosion Control and BMP Plans Storm Water Quality Reports Hydrology and Hydraulics Land Planning Feasibility Studies Planning Studies Tentative Maps Discretionary Processes Tentative Parcel Maps Exhibits/Presentations -80- SEI uses the latest version of Civil 3-D software from Autodesk for computer aided design and drafting to generate engineering drawings and survey maps. For field surveys, GPS and robotic total station instruments with data collection devices are used. SEI is certified as a Small Business Enterprise (SBE) with the State of California, Department of General Services, a Disadvantaged Business Enterprise (DBE) and Underutilized Disadvantaged Business Enterprise (UDBE - Native American owned) with the California Department of Transportation. We are also certified with the U. S. Small Business Administration program as an 8(a) firm. Our reputation as one of the favored UDBE land surveying and civil engineering firms in San Diego County has resulted in recent contract awards for civil engineering and land surveying services for the National City Aerial and Roundabouts, Carlsbad Encinas Power Plant, Camino Del Mar Bridge, North Torrey Pines Road Bridge, City of San Marcos South Lake Park, Araz Road Bridge and the City of Encinitas Balour Drive Street Improvement projects. Recent Project Experience North Torrey Pines Road Bridge, Del Mar, CA Responsible for field surveying lines and grades associated with the reconstruction of the existing bridge under the construction management contract. UDBE subcontractor to TYLIN International. City of National City On -Call Surveying, National City CA Responsible for aerial topography surveys and on -call supplemental conventional surveys of existing parks and streets for future improvements. UDBE subcontractor to Kimley Horn and Associates. Araz Road Bridge, Imperial County, CA Responsible for aerial topography surveys and right-of-way mapping. UDBE subcontractor to TYLIN International. Camino Del Mar Bridge, Del Mar, CA Responsible for civil engineering staging alternatives and utilities for the reconstruction of the Camino Del Mar Bridge. UDBE subcontractor to Simon Wong Engineering. City of San Marcos South Lake Park, San Marcos, CA Responsible for public and private water and sewer utility plans and profiles to serve a new city park, restrooms and boat dock. DBE subcontractor to RBF Consulting. City of Encinitas Street Improvements, Encinitas, CA Responsible for designing and drafting public improvement plans for alley and San Elijo Avenue improvements and storm drain. Prime Consultant. Knowledge of Regulations Sampo Engineering, Inc. has over twenty eight years of experience working in cities throughout the county of San Diego. We work under federal and state regulations on a regular basis particularly the Department of Transportation Highway Design Standards, Caltrans Surveying Standards and traffic Control Manuals, the Green Book for Public Works Construction and County Regional Standard Details and Specifications. -81- ,SAM P ENGINEERING, INC. Page 1 of 2 Fee Schedule Land Surveying Services Principal Land Surveyor ..$170.00/hr One Person Survey Crew** $177.00/hr Two Person Survey Crew** $285.00/hr Three Person Survey Crew** .$375.00/hr Office Calculations/Mapper $130.00/hr Drafter ...$80.00/hr Technical Typist/Office Assistant ...$60.00/hr Civil Engineering Services Principal Engineer .$170.00/hr Project Engineer $130.00/hr Senior Designer .$120.00/hr Designer ..... $100.00/hr Drafter ..$80.00/hr Technical Typist/Office Assistant $60.00/hr ** Indicates Prevailing Wage Rate 171 Saxony Road, Suite 213 Street 4 Encinitas, CA 92024 • phone: 760-436-0660 ♦ fax: 760-436-0659 info@sampoengineering.com -82- Page 2 of 2 Fee Schedule (cont) Reimbursable Expenses Vehicle Mileage...$0.56 per mile to and from project sites and during the course of work. In House Plotting on HP Designjet 500 8%2" x 11" Bright White Bond.$2.00 per sheet 11" x 17" Translucent Bond.. 11" x 17" Bright White Bond. 11" x 17" Mylar (4 mil) .. 24" x 36" Translucent Bond.. 24" x 36" Bright White Bond. 24" x 36" Mylar (4 mil) . 36" x 42" Translucent Bond.. 36" x 42" Bright White Bond. 36" x 42" Mylar (4 mil) . .$2.00 per sheet .$2.00 per sheet $20.00 per sheet .$5.00 per sheet .$5.00 per sheet .$60.00 per sheet .$8.00 per sheet .$8.00 per sheet .$100.00 per sheet In House Copies on Canon MFB 530 81/2" x 11" Bond $0.10 per page 11" x 17" Bond $0.50 per page In House Binding on Combind C110e 1-25 pages $10.00 26-50 pages $15.00 51-100 pages $25.00 100 + pages .$35.00 Note: Out sourced reimbursable expenses such as printing and reproductions, deliveries, and overnight services, computerized plotting, materials, shipping, postage, etc., will be charged to the client at the consultants cost without mark-up. -83- CALIFORNIA UNIFIED CERTIFICATION PROGRAM DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATE SAMPO ENGINEERING, INC. 1034 SECt1ND STREET i NCINiTAS. C192_(175 Owner: VINC:ENT SAMPO Business Structure: CORPORATION This certificate acknowledges that said firm is approved by the California Unified Certification Program (Cl.{CP) as a Disadvantaged Business Enterprise (DBE) as defined by the U.S. Department of Transportation (DOT) CER 49 Part 26, as may he amended. for the following NAlt S codes: :AICS C'odefs) " Indicates primary NAICS code * 541330 linuinecnng Services 54137() Surveying and Mapping (exceptGeophysical)Services 221310 Water supply and irrigation Systetns 217t1H) ()titer Heavy and Civil Engineering Construction Work Category C2065 0720 Cw7h5 Code(s) IRRIGATION SYSTEM CIVIL ENGINEERING DRAFTING Licenses F.0 Civil Engineer CERTIFYING AGENCY: DEPARTMENT OF TRANSPORTATION 1823 14T11 STREET, MS 79 SACRAMENTO, CA 95811 0000 (9l (+'13 24-1700 Ls' Land Surveyor 237210 Land Subdivision 541360 Genphvsicsil Surveying and Mapping Services 541340 Dratting Serviees 501,410 Document Preparntiun Services _ :C8710 - CR/60 C9R26 ENGINEERING SlIRC OR L N iRVI PING lit" P Firm Number 3 74R`t ti It is Ci'CP's policy and ohicetive to promote and maintain n keel pia-'-- "-Id for tt1t)s in (:alifornin an Federnt-aid contract.. 14 c ensure nandis riminefinn in the imolai and administrat nn of IJ.S. l)()T 44sit tracts hosed on the regniremenb: of 49 (. t'I( Part, 21 and 2b. April z, 7,00u Schmidt Design Group • Firm Bio • Fee Schedule • SB Certification -85- SCHMIDT DESIGN GROUP, INC BALANCINGARTISTIC EXPRESSION IN DESIGN WITH ENVIRONMENTAL SENSITIVIT Founded 1983 by Glen Schmidt Incorporated January), 1991, California Certifications SBEISLBE Areas of Expertise Landscape Architecture licensed in CA, NV, AZ, UT Offices San Diego (Office serving this contract) 2655 Fourth Avenue San Diego, CA 92103 Northern California 3244 Broadmoor Lane Fairfield, CA 94534 Contact Mr. Jeffrey T (JT) Barr, Principal 2655 Fourth Avenue San Diego, CA 92103 Phone: 619-236.14E2 Email: jtbarrTbschmidtdesign.com i 044 SCHMIDT DESIGN GROUP, INC. WWV'I. SCH M IDTDES ICN.COM Schmidt Design Group, Inc. provides comprehensive landscape architecture and planning services, with an emphasis on balancing artistic design with environmental sensitivity. We are a client -centered, service -oriented small business dedicated to creating signature spaces that reflect the character and vision of the communities in which we work. Firm Background »> Founded in 1983 by landscape architect Schmidt, FASLA, Schmidt Design Group and planner Glen has received more than 90 local, state and national awards for design and technical excellence. The firm is headquartered in San Diego, California with a branch office in the Sacramento area. A portfolio of the firm's award -winning work can be viewed at www.schmidtdesign. com. Experience includes: - Parks and Open Space • Urban In -Fill / Mixed -Use Developments • Campus Planning and Design • Low Impact Design and Stormwater Management • Design/Build Collaborations • Multi -Family Residential / Single Family Residential • Affordable Housing • Commercial and Industrial Sites • Office and Retail Environments • Museums and Interpretive Facilities • Healthcare / Healing Gardens Capabilities »> Schmidt Design Group, Inc. specializes in public -realm design and has provided innovative design solutions and community facilitation for dozens of public municipalities throughout California. The staff includes 18 employees, comprised of six licensed landscape architects, three LEED professionals, certified arborist, certified playground inspector and a certifi, landscape irrigation auditor. -86- SCHMIDT DESIGN GROUP, INC. BALANCING ARTISTIC EXPRESSION IN DESIGN WITH ENVIRONMENTAL SENSITIVITY 2655 Fourth Avenue, San Diego, CA 92103 Lic. CA 2138, NV 219, AZ 34139 telephone {619} 236-462 facsimile {619} 236-8792 www.schmidtdesign.com Hourly Time and Materials Fee Schedule January 2oi4 Fees will be charged for technical work, consultation, and additional services. Charges will be made for typing, as in the preparation of reports and for time and costs of printing. No direct charges will be made for normal secretarial service, office management or general accounting; these items are included in overhead. Hourly Rates Principal Landscape Architect / President $225 / hour Principal Landscape Architect $i65 / hour Senior Associate Landscape Architect $i45 / hour Associate Landscape Architect $i30 / hour Senior Project Manager / Licensed Landscape Architect $iio / hour Project Manager $85 / hour Landscape Designer $75 / hour Landscape Drafter $65 / hour Clerical / Typist $65 / hour Reimbursable Expenses In-house plotting will be charged per square -foot at the following rates: bond $2.00 per square -foot; vellum $3.00 per square -foot, mylar $4.00 per square -foot, color $5.0o per square -foot. In house color laser prints will be charged at $.5o for letter size, $.75 for legal size and Si.00 for ledger size. Mileage Mileage in the interest of the client will be charged at the current U.S. General Services Administration Privately Owned Vehicle Mileage Reimbursement Rates. Travel Time spent in travel in the interest of the client will be charged at hourly rates. A minimum of one hour will be charged for any site visit. No more than eight (8) hours of travel time will be charged in any one day. Subsistence will be charged when it is necessary for personnel to be away from the office overnight. Rates may be adjusted annually. -87- California Certification Report- p. 1 - Generated on Mar 17, 2014 California Certification Report O702 - SCHMIDT DESIGN GROUP INC - IVIB Legal Business Name SCHMIDT DESIGN GROUP INC Doing Business -As SCHMIDT DESIGN GROUP INC Address 2655 4TH AVE SAN DIEGO, CA 92103 Phone FAX (619) 236-1462 (619) 236-8792 Email Web Page Active Certifications Business Types Classifications Keywords info@schmidtdesig n,com http_//www.schm idtdeslgn.com SB (micro) May 11, 2012 - May 31, 2016 Service; [701117] Parks and gardens and orchards [811015] Civil engineering [901117] Camping and wilderness facilities landscape architecture, landscape design, land, environment, land planning, landscape -88- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH STACK TRAFFIC CONSULTING, INC., FOR A NOT -TO -EXCEED AMOUNT OF $2,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING AND CONTRACT MANAGEMENT, CONSTRUCTION MANAGEMENT AND INSPECTIONS, ARCHITECTURE, LAND SURVEYING, ENVIRONMENTAL COMPLIANCE, ASSESSMENT AND REMEDIATION, GEOTECHNICAL, SOILS AND MATERIALS WHEREAS, the Engineering Department issued Requests for Proposals to professional firms to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, project management, engineering and contract management, construction management and inspections, architecture, land surveying, environmental compliance, assessment and remediation, geotechnical, soils and materials; and WHEREAS, 64 responses to the Requests for Proposals were received and reviewed, taking into consideration, among other things, past performance history, knowledge of the environment, the type of services offered, and the cost to the City; and WHEREAS, staff recommends Stack Traffic Consulting, Inc., to provide on -call project support services for National City's Capital Improvement Program; and WHEREAS, the City has determined that Stack Traffic Consulting, Inc., is qualified by experience and ability to perform the services desired by the City, and Stack Traffic Consulting, Inc., is willing to perform such services for the not to exceed amount of $2,000,000 from April 15, 2014 through April 14, 2016. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of Stack Traffic Consulting, Inc., and authorizes the Mayor to execute an agreement with Stack Traffic Consulting, Inc., in the not to exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program, including but not limited to, project management, engineering and contract management, construction management and inspections, architecture, land surveying, environmental compliance, assessment and remediation, geotechnical, soils and materials. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of April, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO. 22 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of Red Flashing Beacons, Stop Ahead Warning Signs with Pavement Markings and installation of Raised Pavement Markers to Reduce Speeding and Stop Sign Violations on Manchester Street between Plaza Boulevard and Ethel Place (TSC 2014-05). PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on March 12, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install Red Flashing Beacons, Stop Ahead Warning Signs with Pavement Markings and Raised Pavement Markers on Manchester Street between Plaza Boulevard and Ethel Place. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on March 12, 2014 (TSC 2014-05) 3. Resolution EXPLANATION In 2013, residents contacted staff with concerns regarding speeding on Manchester Street and Stop sign violations at the following intersections: Manchester Street & Eleanor Place and Manchester Street & Ethel Place. These two intersections are "T" intersections with Manchester Street as the primary roadway with a posted speed limit of 25 mph. Both intersections are Stop controlled for the side streets and westbound Manchester Street only. Eastbound Manchester Street (traveling uphill) is uncontrolled. Both intersections are located in proximity to horizontal and vertical curves. On December 11, 2013, after completing various site evaluations, staff recommended the following to the Traffic Safety Committee: 1) installation of All -Way Stop Control at the intersections of Manchester Street & Eleanor Place and Manchester Street & Ethel Place, 2) installation of Stop Ahead warning signs and pavement markings in advance of the intersections for eastbound and westbound approaches, and 3) installation of 25 feet red curb "No Parking" as required in advance of the new Stop signs (TSC #2013-26). Over twenty area residents attended the Traffic Safety Committee meeting. The overwhelming majority was opposed to installation of All -Way Stop Control. Residents inquired about the possibility of installing speed humps. Staff expressed concerns about installing speed humps on hills and the impact to emergency vehicles. Based on responses from residents in attendance, the Committee directed staff to collect additional data and conduct surveys regarding speeds and Stop sign violations, and then return to the Committee with a summary report and recommendations. Staff coordinated data collection and analysis efforts in January and February 2014. Traffic data collected by National Data & Surveying Services (NDS) on Wednesday, January 22, 2014 and Thursday, January 23 2014 indicates an average of 1,200 vehicles per day use Manchester Street with an 85th percentile speed of 32 mph (speed at or below which 85% of vehicles surveyed were traveling). On January 15, 2014, NDS collected data on Stop sign compliance for the westbound approaches to the intersections of Manchester Street & Eleanor Place and Manchester Street & Ethel Place. Approximately 84% of drivers surveyed by NDS failed to come to a complete Stop at the intersection of Manchester Street & Eleanor Place (57% slowed/rolled through, 27% drove through), while approximately 87% failed to come to a complete Stop at the intersection of Manchester Street & Ethel Place (70% slowed/rolled through, 17% drove through) STAFF RECOMMENDATION: Based on the results of the traffic safety evaluation for Manchester Street between Plaza Boulevard and Ethel Place, staff recommends the following enhancements to reduce speeding and Stop sign violations: 1) Install red flashing beacons above the Stop signs located on westbound Manchester Street at Eleanor Place and Ethel Place; 2) Install Stop Ahead warning signs with pavement markings in advance of the intersections for westbound traffic; 3) Install a series of raised pavement markers at set intervals across Manchester Street for traffic calming. TRAFFIC SAFETY COMMITTEE RECOMMENDATION At their meeting on March 12, 2014, the Traffic Safety Committee unanimously approved the staff recommendations. If approved by City Council, all work will be performed by City Public Works Division staff. 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MARCH 12, 2014 ITEM TITLE: REQUEST TO REDUCE SPEEDING AND STOP SIGN VIOLATIONS ON MANCHESTER STREET BETWEEN PLAZA BOULEVARD AND ETHEL PLACE (BY NEIGHBORHOOD RESIDENTS) PREPARED BY: Stephen Manganiello, City Engineer DISCUSSION: In 2013, residents contacted staff with concerns regarding speeding on Manchester Street and Stop sign violations at the following intersections: Manchester Street & Eleanor Place and Manchester Street & Ethel Place. These two intersections are "T" intersections with Manchester Street as the primary roadway with a posted speed limit of 25 mph. Both intersections are Stop controlled for the side streets and westbound Manchester Street only. Eastbound Manchester Street (traveling uphill) is uncontrolled. Both intersections are located in proximity to horizontal and vertical curves. On December 11, 2013, after completing various site evaluations, staff recommended the following to the Traffic Safety Committee: 1) installation of All -Way Stop Control at the intersections of Manchester Street & Eleanor Place and Manchester Street & Ethel Place, 2) installation of Stop Ahead warning signs and pavement markings in advance of the intersections for eastbound and westbound approaches, and 3) installation of 25 feet red curb "No Parking" as required in advance of the new Stop signs (TSC #2013-26). Over twenty area residents attended the Traffic Safety Committee meeting. The overwhelming majority was opposed to installation of All -Way Stop Control. Residents inquired about the possibility of installing speed humps. Staff expressed concerns about installing speed humps on hills and the impact to emergency vehicles Based on responses from residents in attendance, the Committee directed staff to collect additional data and conduct surveys regarding speeds and Stop sign violations, and then return to the Committee with a summary report and recommendations. Staff coordinated data collection and analysis efforts in January and February 2014. Traffic data collected by National Data & Surveying Services (NDS) on Wednesday, January 22, 2014 and Thursday, January 23. 2014 indicates an average of 1,200 vehicles per day use Manchester Street with an 85th percentile speed of 32 mph (speed at or below which 85% of vehicles surveyed were traveling). On January 15, 2014, NDS collected data on Stop sign compliance for the westbound approaches to the intersections of Manchester Street & Eleanor Place and Manchester Street & Ethel Place. Approximately 84% of drivers surveyed by NDS failed to come to a complete Stop at the intersection of Manchester Street & Eleanor Place (57% slowed/rolled through, 27% drove through), while approximately 87% failed to come to a complete Stop at the intersection of Manchester Street & Ethel Place (70% slowed/rolled through, 77% drove through) STAFF RECOMMENDATION: Based on the results of the traffic safety evaluation for Manchester Street between Plaza Boulevard and Ethel Place, staff recommends the following enhancements to reduce speeding and Stop sign violations: 1) Install red flashing beacons above the Stop signs located on westbound Manchester Street at Eleanor Place and Ethel Place; 2) Install Stop Ahead warning signs with pavement markings in advance of the intersections for westbound traffic; 3) Install a series of raised pavement markers at set intervals across Manchester Street for traffic calming. EXHIBITS: 1. Location Map 2. Photos 3. Survey Results 2014-05 Location Map with Recommended Enhancements (TSC No. 2014-05) Install Stop Ahead Warning Sign and Pavement Markings Proposed Location for Raised Pavement Markers Proposed Red Flashing Beacon above Stop Sign Proposed Location for Raised Pavement Markers Install Stop Ahead Warning Sign and Pavement Markings Intersection of Manchester Street and Eleanor Place looking southwest (traveling downhill on Manchester Street) Approaching Intersection of Manchester Street and Eleanor Place looking northeast (traveling uphill on Manchester Street) Intersection of Manchester Street and Eleanor Place looking northwest positioned at Eleanor Place Intersection of Manchester Street and Ethel Place looking west (traveling downhill on Manchester Street) Approaching Intersection of Manchester Street and Ethel Place looking east (traveling uphill on Manchester Street) Example of Red Flashing Beacon above Stop Sign Example of Raised Pavement Markers for Traffic Calming Prepared by National Data & Surveying Services SPEED Manchester St between Plaza Blvd & Eleanor PI Day: Wednesday Date: 1/22/2014 North Bound City: National City Project #: CA14_4017_008n Time 00:00 AM 02:00 s' % 0300;2a 04:00 t u° 0500;. 06:00 08:00 10:00 12:00 PM 14:00 16:00 18:00 :11007_,a: 20:00 22:00 23 00 Totals % of Totals <15 15.19 20.24 25.29 30.34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70+ Total 21 4% 12 2% 86 14% 253 42% 190 32% 32 5% 2 0% 596 100% A7N�Volumes %AM AM §P..eal(Hour Volume "% 2% " 06 4 '.y1 ''', >3 1% ' .- i 2 G>'• . ;, 6% s 11 a, . 10 20% 'sD6'06 25 fir + 'Sea 17% 07 24 t^ '..°x ,' 9, 3% r � t, 7rOD 5 ,7r ' 0% ; -'1156 1 t,*^} ` '" _ :. w '..: �> r'• -._ �, , rev , ^u.,„..2 48% r t348% 7 64 T _ R rti P -*/* s F ^ a .9<'12 e k. J t<# 'iT-L,> e t ,4 a 33 - a . PL' 35. s '�:`. '. r .'" 7K?. i x' "Q Milo .i` m ,5i :' a 'rk"f .yd mv :. �.�e.Y' w it> r .elate z S - - % PM 2% 2% 9 _ 9% ... 22% 15% 2% ^4 ._ ., ti 52% by '..' r.n ..- 04W PM 1'a!ekaHoNr "'18=OQ y ; '• `"�(,44 .. �,"a.+44`00 i�°a'U s ,e.;. OR y IDM . '.18 OD,c, S� . „, ,. d_ _ .vg,m t ;; ...:F `'y�`ta . ' .._ .�. .... '.. . _ ' �.r. Volume 3 2 10 21 16 3 47 Directional Peak Periods AM 7-9 NOON 12-2 PM 4-6 Off Peak Volumes All Speeds Volume % Volume % Volume % Volume % 101 ~' 17% 63 .4—' 11% 74 4---I. 12% 358 1—I. 60% Street Name Direction -Jester St -Jester St North Sound South Bound 29 28 27 26 Percentiles Prepared by Nat & Surveying Services Manchester St between Plaza Blvd & Eleanor PI Day: Wednesday Date: 1/22/2014 South Bound City: National City Project #: CA14_4017_008s Time 00:00 AM 01:00 02:00 04:00 05n 06:00 r07r � 08:00 12:00 PM 14:00 16:00 18:00 % of Totals < 15 15 - 19 20.24 25 -29 30 - 34 35 .39 40 -44 45 .49 50. 54 55 - 59 60.64 65 - 69 70 1% 6% 27% 49% 1S% 2% 0% Total 100% ..-., %AM .,��n^tro.5.le .� �',�"r Volume ,,{{�� H3 1% ., rn irtx wn - TM 1 �{�. :M1'F�Y. s 1% Ma 2 : ''d'. 8% m-. 13 12% ".m- ��_ 4% t e ''..,Mill .xti 6 s 1% .�'9_"`�". 1 �h �8d%'�9�!!". v.e .x'L"�iaL WA-2-6 "._.. . 'Br. „`.:.. `p� .gyp £! ..... �s� 92.....M� _. l�t.l . 26% 31 ...-....,.-...._ «..e 19 .dd 5rM9 `i :. � Cl %PM r. 91 _.. ; Volume rf �yyffii{{1% YtK '}�F19�'j 2 ?�Ytlieiu. 4% " .T` �1''*Sl" 20% 37% 43 9ti(: s ;. 11% 9 1% 3 �j 4 y f ti 0% {Y �. �m 1 11L © -0-• ? ...°% i�._'8 j#.� _ . m. e s e=' ..�b 7 rVf i Y_ p! g' :'A .}£ .M1. � x� wrx. 74% 2bf9R,,, ,ant. 74 7. 16 Directional Peak Periods All Speeds Volume 52 AM 7-9 % 9% Volume 70 NOON 12-2 % 12% Volume 96 PM 4-6 % 16% Off Volume 384 Peak Volumes % 64% '--"' ~' '-1" '---' Manchester St Manchester St North Bound South Bound 23 21 29 27 28 26 Percentiles 34 31 36 34 596 602 Prepared by National Oats & Surveying Services SPEED Manchester St between Plaza Blvd & Eleanor PI Day: Thursday Date: 1/23/2014 North Bound City: National City Project #: CA14_4017_008n Time 00:00 AM 02:00 m = . 04:00 05:00,, 06:00 16:00 18:00 20:00 22:00 'lint Totals %of Totals c15 15-19 20-24 25-29 30.34 35-39 40-44 45-49 50-54 55-59 60-64 65.69 70+ Total 19 3% 10 2% 82 14% 278 46% 193 32% 23 4% 1 0% 606 100% aw % AM . ., OUa Volume ��✓Yr °+M1'wr . ° 2% .s% .7 . 5 k w 0% :: . . '�- 1 ttd m- 6% T ....--.._ 13 'Y c � 23% c a 35 j,� � _::-4 16% 18 wm.P ,� 'y,vr 2% .;.. bD,�x, 3 :1 F �r� fl n::, 31 Y !'�'W�' ,, r ., ''a` e:'w a 1,.K,a.e , + .r � ' ' .vWfip _ :� , t s,; "�u-03460 -.%r" a vdiry ra:�r - M}-�i.g.r , r te 49% 65 k")PIN�41n¢�, h��i� r6 4{ a5L1 �� °i � }.:,;. A 5 45,!� �'4.^�� '�,� X1�'...: SYr 'Lt I $. � ^'� A _�� .� :-� dt 3 ^, �'Razaf'. �AS 4.t�1' '�'Lr&..'1;`I E1 1'.'.: # 4. �°"��z'�t. .1+ ?_1r "a� '� �.. �. % PM 1% 1% 7% a 23% 15% 2% 0% 51% � t *,9, ', rv. .� '4 F, ,. A � ..,r ;;[ <x 7 �.: + pi *pe'xf4 ♦ `_ PlffiPeak ou„¢ e�17 : � , Volume , 4 3 10 25 ,,. 13 ., 2 1 . - 44 Directional Peak Periods AM 7-9 NOON 12-2 PM 4-6 Off Peak Volumes All Speeds Volume % Volume % Volume % Volume 4"--1" % 94 4--* 16% 59 ~i 10% 82 -4--). 14% 371 61% Street Name Direction )ester St )ester St North Bound South Bound Percentiles Prepared by Natl. S Surveying Services Manchester St between Plaza Blvd & Eleanor PI Day: Thursday Date: 1/23/2014 South Bound City: National City Project #: CA14_4017_008s Time 00:00 AM 0100 02:00 03'OQf:... 04:00 0500 j . 1��{i 06:00 08:00 Totals %of Totals < 15 15.19 20.24 25.29 30.34 35.39 40.44 45.49 50-54 55.59 60.64 65-69 7 1% 38 6% 190 30% 280 45% 100 16% 9 1% 70 + Total 624 100% - „ AfN` talUtp-` %AM w AM PakHar Volume �`..n. Y F ..?-r 0% �_0ae 1 `'gy., ,.n 1Q Ml1 IG 2% 11�04f 4 + "A . #�.. .� 9% 14 L.' s 11% --� �N4 L . 4 ��' lifAb +�2 4% '40 10 W+ P Y `r 0% �8�0 1 i-✓>T: i a� 3L -. �� t+d' �'::,ivi .: Q • �{ P. '1��5( e Y. is t y b�Sr .: R f ai w fi!e ^pea 7 - 26% i& 42 ..- 16 es, +".ems „ '# 4 . 28�;i s v ... ' '�78 '?. '8 -" .0, ,� D. Nn �„ � p ro ,,,„-, % PM 't te_C f M'i�M IPMaPGP�fI?t!.., 1% !1 Y £ fi '2�;OQ 1 .. 4% n' Y6�ti6-i"�s 1 aw 22% _. Ili?` r�{ A 33% T 3 y M ._ �r 13% +15 00 �+'Y 1% j � 3 l� 4 ( L � 4 —y, N�� iN� F" � � al$ , iiJ� N � i`.,ay'gf2'�a"'- M}�,t"�iPF'. y$ Y T:'; f'M1.i+:'§iM}t�S"i1l! gr e S^�j 74% yi . 'r' e uy�.:-p1�.'[� p.. M Volume 1 6 20 33 15 2 69 Directional Peak Periods AM 7-9 NOON 12-2 PM 4-6 Off Peak Volumes All Speeds Volume % Volume - ' % Volume % Volume % 49 "1—' 8% 71 11% 126 4--' 20% 378 A—. 61% Manchester St Manchester St North Bound South Bound 24 21 28 26 28 26 33 31 35 34 606 624 Prepared by National Data & Surveying Services STOP STUDY Project 8: 14-4018 City: National Cit Eleanor PI (N) & Plaochester$t NW) WBTRAIFIC >: Time Completl4Wp Nr3H?t I ,IBC SleWe ROAS1Thj11.: .R.rQve?briv 7:00.00 AM 1 10 2 13 7:15.00 AM 1 7 2 10 7:30.60 AM 0 3 3 6 7:45:00 AM 3 9 3 15 8.00.00 AM 3 13 5 21 8.15.00 AM 3 3 1 7 8.30.00 AM ' 0 5 3 8 B:45:00 AM 1 3 0 4 9.00:00 AM 1 3 2 6 9:15:00 AM 0 4 1 5 9.30.00 AM 3 1 2 6 9'45:00 AM 2 9 2 13 10:00'00 AM 0 1 2 3 10:15:00 AM 2 2 4 8 10:30:00 AM 0 3 2 5 10:45:00 AM 0 4 0 4 11.00.00 AM 0 6 4 10 11:15.00 AM 1 3 1 5 11:30.00 AM 1 1 5 7 11:45:00 AM 0 3 2 5 12.00:00 PM 1 1 0 2 12.15:00 PM 0 5 1 6 12:30.00 PM 3 3 3 9 12.45:00 PM 1 6 1 8 1.00:00 PM 1 1 1 3 1.15.00 PM 0 4 5 9 1.30:00 PM 0 2 1 3 1:45:OO PM 2 4 3 9 2:00:00 PM 1 7 1 9 2:15:00 PM 2 7 2 11 2.30:00 PM 2 7 4 13 2:45:00 PM 1 3 1 5 3.00:00 PM 3 7 4 14 3:15:00 PM 2 5 1 8 3:30:00 PM 3 3 4 10 3:45:00 PM 0 2 1 3 4:00:00 PM 0 2 1 3 4:15:00 PM 3 1 2 6 4:30.00 PM 1 3 0 4 4:45:00 PM 1 7 0 8 TOTAL 49 173 82 304 % 16% 57% 27% 100% Date: 1/15/2014 Day: Wednesda Ethel PI (NS) & blanchester� St ((.W) WBtii l 14, I. bidNpt stop Fv:. Total C9mpke14lstop sla' ed/ 'Rollad Thfl , , II I..Thnl 7:00:00 AM 2 9 2 2 7.15:00 AM 0 5 0 2 7.30:00 AM 1 3 0 3 7.45:00 AM 0 6 0 3 8:00:00 AM 3 11 3 5 8:15:00 AM 1 3 0 1 8:30:00 AM 0 2 2 3 8:45:00 AM 0 2 0 0 9:00:00 AM 1 2 0 2 9:15:00 AM 0 3 0 1 9:30:00 AM 0 2 0 2 9:45:00 AM 1 7 1 2 10.00.00 AM 1 2 0 2 10.15:00 AM 1 3 1 4 10:30:00 AM 0 4 0 2 10:45:00 AM 0 3 1 0 11:00:00 AM 0 1 4 4 11:15:OO AM 0 2 0 1 11:30:00 AM 1 3 1 5 11:45:00 AM 0 4 2 2 12:00:00 PM 1 0 0 0 12:15:00 PM 0 3 1 1 12:30:00 PM 1 2 1 3 12:45:00 PM 0 3 2 1 1:00:00 PM 0 2 2 1 1:15:00 PM 1 4 1 5 1:30:00 PM 0 1 1 1 1:45:00 PM 1 5 2 3 2:00:00 PM 3 3 0 1 2:15:00 PM 1 8 2 2 2:30:00 PM 0 5 2 4 2:45:00 PM 1 4 0 1 3:00.00 PM 0 5 1 4 3:15:00 PM 1 2 1 1 3:30:00 PM 0 4 1 4 3:45:00 PM 0 4 0 1 4.00.00 PM 1 3 0 1 4:15:00 PM I 2 2 2 4.30:00 PM 1 4 0 0 4:45:00 PM 1 6 0 0 TOTAL 26 147 36 209 % 12% 70% 17% 100% RESOLUTION NO. 2014 — 38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED FLASHING BEACONS, STOP AHEAD WARNING SIGNS WITH PAVEMENT MARKINGS, AND RAISED PAVEMENT MARKERS TO REDUCE SPEEDING AND STOP SIGN VIOLATIONS ON MANCHESTER STREET BETWEEN PLAZA BOULEVARD AND ETHEL PLACE WHEREAS, in 2013, residents contacted staff with concerns regarding speeding on Manchester Street and Stop sign violations at the intersections of Manchester Street and Eleanor Place, and Manchester Street and Ethel Place. These two intersections are "T" intersections with Manchester Street as the primary roadway with a posted speed limit of 25 mph; and WHEREAS, both intersections are Stop controlled for the side streets and westbound Manchester Street only, but eastbound Manchester Street is uncontrolled; and WHEREAS, on December 11, 2013, after completing various site evaluations, staff recommended the following to the Traffic Safety Committee: 1) installation of All -Way Stop Control at the intersections of Manchester Street and Eleanor Place, and Manchester Street and Ethel Place, 2) installation of Stop Ahead warning signs and pavement markings in advance of the intersections for eastbound and westbound approaches, and 3) installation of 25 feet red curb "No Parking", as required in advance of the new Stop signs; and WHEREAS, due to residents' concerns of installing All -Way Stop Control, the Traffic Committee directed staff to collect additional data and conduct surveys regarding speeds and Stop sign violations, and then return with a summary report and recommendations; and WHEREAS, traffic data collected on Wednesday, January 22, 2014 and Thursday, January 23' 2014 indicated an average of 1,200 vehicles per day use Manchester Street with an 85th percentile speed of 32 mph; and WHEREAS, based on the results of the traffic safety evaluation for Manchester Street between Plaza Boulevard and Ethel Place, staff returned to the Traffic Safety Committee on March 12, 2014 and recommended the following enhancements to reduce speeding and Stop sign violations: 1. Install red flashing beacons above the Stop signs located on westbound Manchester Street at Eleanor Place and Ethel Place; 2. Install Stop Ahead warning signs with pavement markings in advance of the intersections for westbound traffic; 3. Install a series of raised pavement markers at set intervals across Manchester Street for traffic calming; and WHEREAS, at their meeting on March 12, 2014, the Traffic Safety Committee unanimously approved staff's recommendations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the following enhancements to reduce speeding and Stop sign violations on Manchester Street between Plaza Boulevard and Ethel Place: Resolution No. 2014 — Page Two 1. Install red flashing beacons above the Stop signs located on westbound Manchester Street at Eleanor Place and Ethel Place; 2. Install Stop Ahead warning signs with pavement markings in advance of the intersections for westbound traffic; and 3. Install a series of raised pavement markers at set intervals across Manchester Street for traffic calming. PASSED and ADOPTED this 15th day of April, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO. 23 TEM TITLE: Resolution of the City Council of the City of National City approving a Conditional Use Permit for the expansion of the area approved for beer and wine sales and modified alcohol sales hours at Napoleone's Pizza House located at 619 National City Blvd. (Applicant: Peter Crivello) (Case File 2013-29 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: PJanriing PHONE: 336-4313 APPROVED BY: EXPLANATION: The City Council conducted a public hearing on this item at the April 1, 2014 City Council meeting. The Council asked staff to return with a Resolution amending the hours approved for alcohol sales to between 10 a.m. and 2 a.m. The attached resolution is needed to take action on the item.' FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project under CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF THE EXISTING AREA APPROVED FOR BEER AND WINE SALES AND MODIFIED ALCOHOL SALES HOURS AT NAPOLEONE'S PIZZA HOUSE LOCATED AT 619 NATIONAL CITY BOULEVARD (APN: 556-331-04) WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for the expansion of the existing area approved for beer and wine sales at Napoleone's Pizza House, located at 619 National City Boulevard, at a duly advertised public hearing held on April 1, 2014, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2013-29 CUP, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on April 1, 2014, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, since the retail sale of alcoholic beverages is a conditionally -permitted use in Development Zone 3 (DZ-3) of the Downtown Specific Plan. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since Policy LU-5.5 provides for the support for redevelopment and revitalization of downtown, which expanding the viability of the restaurant will encourage. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, since the restaurant has historically sold beer and wine and the additional area approved for beer and wine sales is not expected to increase the demand for parking on the property. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since National City Boulevard is classified as an arterial street in the Circulation Element, and an increase in the area approved for alcohol sales is not expected to result in an appreciable increase in traffic. 5. That granting of the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, since the existing restaurant is approved to sell beer and wine; and since the additional area approved for alcohol sales is within the existing building. Resolution No. 2014 — Page Two April 15, 2014 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already determined that the proposed use is categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 7. That public convenience and necessity will be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: GENERAL 1. This Conditional Use Permit authorizes an existing restaurant located at 619 National City Boulevard to expand the area approved for ABC Type 41 alcohol sales to include the existing and proposed dining, banquet, and game room areas. Unless specifically modified by this Resolution or subsequent Codes, plans submitted for permits associated with this project shall conform with Exhibit "A," case file no. 2013-29 CUP, dated November 4, 2013. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this Resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. 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 retum 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 Development Services 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 Development Services Director prior to recordation. Resolution No. 2014 — Page Three April 15, 2014 BUILDING 7. The proposed project shall be constructed as per the 2013 California Building, Electrical, Plumbing, Mechanical and Fire Codes. The proposed tenant improvement will require all accessibility requirements to be met at the site, including updating the restrooms. FIRE 8. The project shall be built to code. The National City Fire Department utilizes the 2013 edition of the California Fire Code and the 2013 edition of the National Fire Protection Association Codes and Standards. 9. Occupancy for the additional area in which the expansion will be taking place shall be an A-2 occupancy, as determined by the California Fire Code, 2013 edition, Chapter 9, Section 903.2.1.2. 10. An automatic sprinkler system shall be provided for group A-2 occupancies where either the fire area has an occupant load of 100 or more, and/or the structure exceeds 5,000 square- feet, contains more than one fire area containing a group A-2 occupancy, and is separated into two or more buildings by fire walls of less than four hour fire resistance rating without openings. 11. An approved and monitored fire alarm system shall be installed upon installation of sprinkler system. PLANNING 12. The sale of alcoholic beverages shall be limited to between the hours of 10:00 a.m. and 2:00 a.m., seven days a week. 13. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 14. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the National City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 15. Alcohol shall be available only in conjunction with the purchase of food. Resolution No. 2014 — Page Four April 15, 2014 16. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. POLICE 17. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display, and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. 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. PASSED and ADOPTED this 15th day of April, 2014. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO, 24 ITEM TITLE: Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU) between the City and the National City Firefighters' Association PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: Human Resources APPROVED BY The labor agreement between the City of National City and the National City Firefighter's Association (NCFFA) expired December 31, 2013. Since November 6, 2013 City representatives and FFA representatives have been meeting and conferring in good faith for the purpose of negotiating a new agreement. On March 29, 2014 the NCFFA membership voted to ratify the terms of an eighteen month agreement, retroactive to January 1, 2014 as set forth by the negotiating teams. A complete summary of the terms of the agreement is attached. FINANCIAL STATEMENT: ACCOUNT NO. 001-412-125-102-0000 (Overtime) $48,650 001-412-125-140-0000 (Workers' Compensation) $ 4,080 001-412-125-161-0000 (Medicare) $ 700 Total estimated cost for the term of the agreement: $53,430 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution, approving the terms of the 18 month agreement reached between the City of National City negotiating team and the City of National City Firefighters' Association. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Terms of Agreement — "Strike Out Version" Terms of Agreement — "Clean Version" Labor Negotiations Between National City Firefighter's Association ("NCFFA") and City of National City ("City") Tentative Agreement Provided by City on March 13 ,2014 In accordance with Ground Rule 5, the City and NCFFA with the following tentative agreement for a successor MOU. Tenn of Provisions, Article 28 The provisions of this Memorandum of Understanding shall be effective and binding from January 1, 2011 alithrough June 30, 20442015, This MOU is subject to all future and current applicable Federal or State and Local laws and regulations. If any part or provision of this MOU is in conflict with such applicable provisions of Federal or State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the MOU shall not be affected. The Association will be duly notified of any such judicial or legislative action invalidating any section of this Agreement, and the Employees' Association and/or the City shall have right to meet and confer within thirty (30) days concerning said section. This MOU shall supersede all past agreements and City or department rules and ordinances that are in conflict with or are addressed by this MOU. In addition, the City and the Association may mutually agree in writing to meet and confer on any subject within the scope of representation. Overtime, Article 16, Section 3 The City of National City has elected a 28-day work period for fire suppression employees under the 7K exemptions contained in the Fair Labor Standards Act to coincide with the City's regular pay per►ods r rDi A3. i „te« l• • b.3• GN mb 1n 1986 1 b s, is e8ntarneti in A p__n.1:.. 111 A do inbtrat ruling P ges 1 29 .L_.. L 1 3 1 f L F t t ef lffective the first�ay erio [ ratifi - ion and annr y is MOi 1 by the City Council. time worked outside of an employeermlarIv scheduled shill shall be compensated at au employee's overtime ride, Auth4 ized pa' b it not i_opicave, Aclit7inistrative. comnensatory ve aid sick leave! will be co tjne ('„•iDadnnents Settines Divie 11ne,Ltonniv's DRAFT Tentative Agreement! - Fire Nennuitims.dort Annual Leave, Article 7, Section 4 Vacation schedules shall be arranged by the department head with particular regard to the needs of the City, and as far as possible, with the wishes of the employee. 1. Vacation authorized by the department director or designee shall not be deemed payable until the employee's eligibility is verified by the Finance Department. 2. Each employee is entitled tomay use a minimum of one (1) year'sany accruedal c vacation in accordance with the Department's Standard Operating Procedures Manual. during each IAYJLY requested p iding �taff,,g mits and with approval of the Fire Chief. Y L.I 3. An eligible employee may take earned vacation in any increment of four (4) hours or more with the approval of the department head or his/her designee. Salaries, Article 22, Section 1, 2 and 3 Section 1 The City of National City strives whenever fiscally prudent to provide fire suppression personnel with total compensation comparable to the average of the 18 City Fire Departments in the County of San Diego Count} chic:,. The City and NCFFA will mutually agree upon the compensation study. Compensation will not increase durin the term of this MOU. ceti S S�IrT2 t first full pay period in July 2013. Seeti, 2 MOU in this MOU, which stated as follows: effective beginning the first full pay period in January of 2007. _Employees fthe FF A, will fe rcentage market adjustment equal to the base hourly Llll 1V YYJ .salary average of each perspective rank based on the compensation studies of the (18) City Fire Departments in the County of San Diego. -2- A4F 111811 7823 9001 vl S' \Documents and Settings \Davis-T\Desktop\City's DRAFT Tentative Agreement) - Fire Negotaitions doe } ) August -NM; Janumy1 ) Section 3 . Those represented employees who can demonstrate competency in the Spanish or Tagalog languages as verified by the Personnel Department shall receive an additional 2% incentive pay to the hourly base salaries. Section 43 Those represented employees who can show actual residency within the City limits of National City shall receive an additional 2% incentive pay to their hourly base salaries for as long as they remain residents of National City. This Tentative Agreement incorporates all other terms in the expiring MOU between the City and NCFFA, approved by the City Council on August 16, 2011 by Resolution No. 2011-184. Agreed: For the City For the NCFFA 4412448.14-433-9001-4 CADneu ents and SettinaslDavib;TIDvskteeritv'a [)RAFT Tentative Aaroemeeti - Fire Ne,n ,itinne Air Labor Negotiations Between National City Firefighter's Association ("NCFFA") and City of National City ("City") Tentative Agreement Provided by City on March 13, 2014 In accordance with Ground Rule 5, the City and NCFFA with the following tentative agreement for a successor MOU. Term of Provisions, Article 28 The provisions of this Memorandum of Understanding shall be effective and binding from January 1, 2014 through June 30, 2015. This MOU is subject to all future and current applicable Federal or State and Local laws and regulations. If any part or provision of this MOU is in conflict with such applicable provisions of Federal or State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the MOU shall not be affected. The Association will be duly notified of any such judicial or legislative action invalidating any section of this Agreement, and the Employees' Association and/or the City shall have right to meet and confer within thirty (30) days concerning said section. This MOU shall supersede all past agreements and City or department rules and ordinances that are in conflict with or are addressed by this MOU. In addition, the City and the Association may mutually agree in writing to meet and confer on any subject within the scope of representation. Overtime, Article 16, Section 3 The City of National City has elected a 28-day work period for fire suppression employees under the 7K exemptions contained in the Fair Labor Standards Act to coincide with the City's regular pay periods. Effective the first pay period after ratification and approval of this MOU by the City Council, time worked outside of an employee's regularly scheduled shift shall be compensated at an employee's overtime rate. Authorized paid leave (including but not limited to vacation leave, administrative, compensatory leave and sick leave) will be counted as time worked for purposes of calculating overtime. Annual Leave, Article 7, Section 4 Vacation schedules shall be arranged by the department head with particular regard to the needs of the City, and as far as possible, with the wishes of the employee. 1. Vacation authorized by the department director or designee shall not be deemed payable until the employee's eligibility is verified by the Finance Department. 2. Each employee may use any accrued vacation in accordance with the Department's Standard Operating Procedures Manual. -1- MP #4851-7581-9545 v1 3. An eligible employee may take earned vacation in any increment of four (4) hours or more with the approval of the department head or his/her designee. Salaries, Article 22, Section 1, 2 and 3 Section 1 The City of National City strives whenever fiscally prudent to provide fire suppression personnel with total compensation comparable to the average of the 18 City Fire Departments in the County of San Diego. The City and NCFFA will mutually agree upon the compensation study. Compensation will not increase during the term of this MOU. Section 2. Those represented employees who can demonstrate competency in the Spanish or Tagalog languages as verified by the Personnel Department shall receive an additional 2% incentive pay to the hourly base salaries. Section 3 Those represented employees who can show actual residency within the City limits of National City shall receive an additional 2% incentive pay to their hourly base salaries for as long as they remain residents of National City. This Tentative Agreement incorporates all other terms in the expiring MOU between the City and NCFFA, approved by the City Council on August 16, 2011 by Resolution No. 2011-184. Agreed: For the City -2- MP #4851-7581-9545 vl For the NCFFA RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION FOR THE PERIOD OF JANUARY 1, 2014 THROUGH JUNE 30, 2015 WHEREAS, the labor agreement between the City of National City and the National City Firefighters' Association ("NCFFA") expired January 1, 2014; and WHEREAS, in November 6, 2013, City representatives and representatives of the NCFFA began meeting and conferring in good faith for the purpose of negotiating a new agreement; and WHEREAS, said meet and confer was conducted pursuant to California Govemment Code Section 3500, et seq.; and WHEREAS, negotiations with the NCFFA has resulted in a tentative agreement for a Memorandum of Understanding for the period of January 1, 2014 through June 30, 2015. NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. The City Manager is hereby authorized to enter into a Memorandum of Understanding (MOU) between the City of National City and the National City Firefighters' Association for the period of January 1, 2014 through June 30, 2015. Said Memorandum of Understanding shall be on file in the Office of the City Clerk, and reference is made thereto for all particulars contained therein. Section 2. The City Manager is hereby directed to reflect the compensation plan as set forth in the subject MOU in the final budget for Fiscal Year 2014-2015. PASSED and ADOPTED this 15th day of April, 2014. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO. 25 ITEM TITLE: Temporary Use Permit —St. Anthony of Padua Church presentation of the "Stations of the Cross" starting at 410 W. 18th Street on April 18, 2014 from 3 p.m. to 4 p.m. with no waivers of fees. PREPARED BY: Vianey Rivera PHONE: 019) 336-4364 EXPLANATION: DEPARTMENT: Neighborhood Services Division APPROVED BY: This is a request from St. Anthony's Church to conduct it's representation of the passion and death of Jesus Christ. Event begins on church grounds and then followers will walk the following route from Harding Avenue south to W.19th Street then east towards the Paradise Creek area. From this location, the walk route will use the creek pedestrian bridge and will continue north towards Hoover Avenue and then westbound on W.18th Street to Wilson Avenue. The walk will then continue southbound on Wilson Avenue to the corner vacant church lot on W. 19th Street and then proceed and finish inside the church. During the walk, amplified sound will be used for certain prayers to reflect the presentation and the incidents from station to station. The walking group will have church staff and volunteers with reflective vest to assist and make sure that io obstruction with traffic occurs and that street crossings are conducted in a safe manner with respect :o the rules of the road. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237.00 for processing the TUP through various City departments. Total Fees are $237.00. pNVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert Parade _ Motion Picture _ Festival X Community event _ Demonstration Circus Block Party _ Grand Opening _ Other Fair Event Title: Stations of the Cross Event Location: St. Anthony Church and surrounding marked areas Event Date(s): From 04-18-14 to 04-18-14 Actual Event Hours: 3:00 am/pm to 4:00 am/pm Total Anticipated Attendance: 300 (50 Participants 250 Spectators) Setup/assembly/construction Date: N/A Start time: N/A Please describe the scope of your setup/assembly work (specific details): N/A Dismantle Date: N/A Completion Time: N/A am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Walking path will use sidewalks and respect road rules of designated areas for stations of the cross. Sponsoring Organization: Saint Anthony of Padua Church Chief Officer of Organization (Name) Rev. Jose Edmundo Zarate-Suarez Applicant (Name): Saint Anthony of Padua Church Address: 410 W. 18th Street, National City Ca 91950 Daytime Phone: (619) 477-4520 Evening Phone: ( ) Fax: () 477-8708 E-Mail: stanthonyofpadua@sbcglobal.net Contact Person "on site" day of the event: Rev. Zarate Cellular: 619-259-4641 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS s your organization a "Tax Exempt, nonprofit" organization? XYES _ NO Are admission, entry, vendor or participant fees required? YES x NO If YES, please explain the purpose and provide amount(s): $ N/A Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ N/A $ N/A Estimated Expenses for this event. 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 the event. This event is a representation of the passion and death of Jesusschrist. It begins in front of St Anthonys Church and will go south on Harding Avenue to W. 19th Street where it will then go east on W.19th Street to the area of Paradise Creek. We will then access the walking bridge and go north onto Hoover Avenue and the west on W.18th Street. At the corner of W.18th Street and Wilson Avenue we will then head south on Wilson Avenue arriving on our comer vacant lot on W.19th Street and then proceed and finish event inside the Church building. Participants will follow these routes using the public sidewalks and respecting the rules of the road at all street crossing intersections. Crossing guard staff will be wearing reflective vest and assist for traffic safety when walking. YES NNO 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:/f _ YES X NO Does the event involve the sale or use of alcoholic beverages? _ YES X NO Will items or services be sold at the event? If yes, please describe: _ YES y 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 A NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES _X NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES %� NO Will the event involve the use of the City or your stage or PA system? SPECIFY: 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): /1J A - Portable and/or Permanent Toilet Facilities Number of portable toilets: (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 piScaffolding, 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 conclusiq/ of the event the area must be returned a clean condition.) Number of trash cans: N A' Trash containers with lids: 12- _ Describe your plan for clean-up and remov I of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Internal Security: Church staff & volunteers will assist with walking groups on the public side walks to assure safety when crossing streets. If NCPD is available for extra patrol, would be great but not required as we will respect the traffic rules _ YES J 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): Phone: _ YES t, 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 spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. First Aid Kits available with staff and emergency will notify proper authorities. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Sidewalk access and designated parking. Please provide a detailed description of your PARKING plan: Church members will use church parking and public street parking. Please describe your plan for DISABLED PARKING: Disabled parking onsite. Please describe your plans to notify all residents, businesses and churches impacted by the event: Div/v6jtl.NGe2 soafa,4 #7,9Igts• 4>v0 Azoi6e l2m",v 2. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES ➢CNO 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: Number of Bands: Type of Music: YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 3:00 am/pm Finish Time 4:00 am/pm _ YES ,, NO WII sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES, (NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 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. sf i//s 61— P Organization Person in Charge of Activity , V- 07 Sr ed irt Z44,d.b_ 74 � `cJ. 6PZ Address ./lC) GU / /Ji \S `re a 7L1 4 ( i «4 /77� Telephone /77 —c/J Date(s) of Use l)Y/I// " 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 the Parking Authority 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 related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. faxi-IsgAi 001-1-- o 9A8/ y gn re of Applicant 0 cial Tjtle Date / For Office Use Only Certificate of Insurance Approved Date CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: St Anthony of Padua Church EVENT: Stations of the Cross DATE OF EVENT: April 18, 2014 - 3:00 p.m. to 4:00 p.m. APPROVALS. COMMUNITY SERVICES RISK MANAGER DEVELOPMENT SERVICES PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY YES [ x ] NO [ YES[x] NO[ YES [ x ] NO [ YES [ x ] NO [ YES [ x ] NO [ YES [ x ] NO [ YES [ x ] NO [ YES [ x ] NO [ SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x CONDITIONS OF APPROVAL: POLICE (619) 336-4400 The police department does not have any stipulations or see any issues. Patrol sergeants will be advised to provide extra patrol in the area. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. 2) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 3) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. 4) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. Extinguisher to be mounted in a visible location between 3'//' to 5' from the floor to the top of the extinguisher. Maximum travel distance from one extinguisher to another shall not be more than 75 feet travel distance. AU fire extinguishers to have a current "State Fire Marshal Tag" attached. Please see attached example 5) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. If cooking is to be done, a ten feet separation shall be maintained from cooking appliance and canopies. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. Canopies: Tents: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 6) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 7) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" Only. 8) A map is to be submitted describing layout of event. 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas and grounds surrounding the event. 10) First Aid will be provided by organization. DEVELOPMENT SERVICES BUILDING: No comments. PLANNING: Speakers to face away from residential properties. All activities to comply with Title 12 (Noise) of the NCMC. ENGINEERING: No comments. PUBLIC WORKS 336-4580 No involvement. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER Applicant to provide endorsement CG 2010 naming the City of National City as an additional named insured as noted on the certificate. COMMUNITY SERVICES No comments. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO.26 ITEM TITLE: Temporary Use Permit— 2nd Annual South Bay Bocce Ball event at Kimball Park sponsored by The National City Rotary Club on May 10, 2014 from 8:00 a.m. to 6:30 p.m. with no waiver of fees. PREPARED BY: Vianey Rivera !. PHONE: (619) 336-4364 EXPLANATION: This is a request from the National City Rotary Club to conduct their 2nd Annual South Bay Bocce Ball Tournament on May 10, 2014 from 8:00 a.m. to 6:30 p.m. Teams will consist of two members and they will play a double elimination tournament. Prizes will be awarded to the top three teams in each division. Hot food will be served from a pizza vendor. The tournament will continue as long as there are teams competing, but it will not exceed 5:00 p.m. DEPARTMENT: Neigh APPROVED BY: ices Division The Rotary Club will have staff to assist with crowd control. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00 for processing the TUP through various City departments, plus $155.26 for Public Works. Total fees are $392.26 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert _ Fair _ Festival _ Community event _ Parade _ Demonstration — Circus Block Party Motion Picture _ Grand Opening _ Other Bocce ball event Event Title: 2nd Annual South Bay Bocce ball event Event Location: Kimball Park Event Date(s): Frorn to Actual Event Hours: 8am am/pm to 6:30pm am/pm Total Anticipated Attendance: ( 140 Participants 40 Spectators) Setup/assembly/construction Date: 5/10/2014 Start time: 8am Please describe the scope of your setup/assembly work (specific details): The setup is for the measuring , and marking of the 30 Bocce ball lanes. Each 10X40 feet Dismantle Date: 5/10/2014 Completion Time: 7-8pm am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Not required Sponsoring Organization: National Chief Officer of Organization (Name) Jon Halstead & Aubrey Howard Applicant (Name): Jon Halstead & Aubrey Howard Address: Martin Luther King Hall, 140E 12 Street, National City Daytime Phone: ( ) 619-723-3973 Evening Phone: ( ) 619-723-3973 Fax: U E-Mail: aubreyhoward69@gmail.com Contact Person "on site" day of the event: Aubrey Howard Cellular: 619-723-3973 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? X YES _ NO Are admission, entry, vendor or participant fees required? X YES _ NO If YES, please explain the purpose and provide amount(s): Team entry fee is require to cover cost of prizes and to raise funds. Team fees $50.00 $ $3500 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ $2500 Estimated Expenses for this event. $ $1 - $3 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Money raised will be returned back to the community 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 the event. Thirty Bocce ball courts will be layed out in the park (see map), ten courts each for the Open, Novice, and Junior divisions. Teams consist of two members, and they will play a double elimination tournament. Prizes will be awarded to the top three teams in each division. Hot food will be served from a pizza and soda vendor area, (water and sodas) and bags of chips. The tournament will continue as long as there are teams competing, but not to exceed 5:OOpm. There appears to be ample room at the park for spectators, participants and their families. _ 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: _ YES z_ NO Does the event involve the sale or use of alcoholic beverages? X YES _NO Will items or services be sold at the event? If yes, please describe: _ YES X 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. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Kimball Park X YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 6 Tents Sizes 10X10 six feet apart NOTE: A separate Fire Department permit is required for tents or canopies. _ YES X NO Will the event involve the use of the Cj or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: X H X 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 X ELECTRIC _ CHARCOAL X OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: 2 (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 # 6 and Chairs # 12 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 nScaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters X (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: 50 Trash containers with lids: 50 Describe your plan for clean-up and removal of waste and garbage during and after the event: Clean up will be conducted by event participants and organizers. All trash will be removed from the park. The park will be left in a cleaner state than originally found. Please describe your procedures for both Crowd Control and Internal Security: Several members of National City Rotary will be present during the event. The National City Police department will be present to help with security _ YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: National City Police department Security Organization Address: Security Director (Name): Phone: _ YES X 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 spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Dr Danny, a member of National City Rotary will be present. A first aid tent will be erected in conjunction with the un. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Kimball Park has access for all disabled individuals Please provide a detailed description of your PARKING plan: Parking plan is to use available facilities at Kimball Park and legal street parking Please describe your plan for DISABLED PARKING: Disabled individuals will use disabled parking currently available at Kimball park Please describe your plans to notify all residents, businesses and churches impacted by the event: Residents in the immediate vaninity of Kimball Park will he notified by mail prior to the event NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES X NO 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: Number of Bands: Type of Music: X YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 9am am/pm Finish Time 5pm am/pm Only used for announcements - No music _ YES X NO WII sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Portable sound system _ YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Only signs used will be to show first aid, judges and registration tent Revised 02/29/12 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 National City Rotary Club Person in Charge of Activity Jon Halstead, club president Address Telephone Date(s) of Use 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 the Parking Authority 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 related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Rotary Club EVENT: 1st Annual SouthBay Bocce Ball event DATE OF EVENT: May 10, 2014 TIME OF EVENT: 8 a.m. to 6:30 p.m. APPROVALS: DEVELOPMENT SERVICES COMMUNITY SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER An endorsement naming the City of National City as an additional named insured. Their insurance certificate is fine CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. POLICE Extra patrol will be provided for this event. FINANCE All vendors will need a business license. FIRE NO FEE OR INSPECTION FOR THIS EVENT Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc 2) Fire Department access into and through the camp areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Fire road through the grass area shall be established with the National City Parks Department prior to set-up 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 6) Extinguisher to be mounted in a visible location between 3'/2` to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance 7) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 8) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal 9) Internal combustion power sources that may be used, shall be of adequate capacity to permit uninterrupted operation during normal operating hours 10) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure 11) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 12) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge • Canopies from 401-500 square feet shall be $250.00 • Canopies from 501-600 square feet shall be $300.00 • Canopies from 601 square feet or greater shall be $400.00 • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council • A ten feet separation distance must be maintained between tents and canopies • A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of flame resistance shall be provided to the National City Fire Department prior to the event 13) First Aid will be provided by organization 14) Provide map of site area. Map to include placement of Fire Department requests (Site map is not clear. Please provide legible site map 15) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc 16) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars Fire Department Fees can only be waived by City Council. Approval contingent upon final field inspection and compliance with all applicable codes and ordinances COMMUNITY SERVICES No involvement. DEVELOPMENT SERVICES No comment. PUBLIC WORKS Street Division No involvement. Facilities Division No involvement. Parks Division One staff two hours at overtime rate of $46.58 to inspect after event and fill out Storm Water Compliance Inspection for Special Event Report and do little control. ($93.16) Two hours for set up at regular pay of $31.05 per hour. ($62.10) Event organizer must clean up after event. Vianey Rivera :rom: Norma Maggiora ient: Thursday, March 27, 2014 4:19 PM To: Vianey Rivera Subject: TUP- 2nd Annual South Bay Bocce Ball event Re: TUP- National City Rotary Bocce Ball tournament May 10, 2014, at Kimball Park, 11 am to 3 pm Street Division No involvement. Facilities Division No involvement. Parks Division • One staff two hours at overtime rate of $46.58 to inspect after event and fill out Storm Water Compliance Inspection for Special Event Report and do little control. ($93.16) • Two hours for set up at regular pay of $31.05 per hour. ($62.10) Event organizer must clean up after event. i * CALIFORNIA -0- lqTIONA..L�^C, I AC.' 1 J ,J City of National City Fire Department Phone (619) 336-4550 TEMPORARY USE PERMIT - STIPULATIONS DATE: March 2, 2014 TO: Vianey Rivera, Neighborhood Services FROM: Robert Hernandez, Fire Marshal SUBJECT: 2ND Annual Bocce Ball Event DATE OF EVENT: May 10, 2014 NO FEE OR INSPECTION FOR THIS EVENT Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc 2) Fire Department access into and through the camp areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Fire road through the grass area shall be established with the National City Parks Department prior to set-up 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 6) Extinguisher to be mounted in a visible location between 3Y2 to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance 7) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 8) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal 9) Internal combustion power sources that may be used, shall be of adequate capacity to permit uninterrupted operation during normal operating hours 10) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure 11) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 12) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge • Canopies from 401-500 square feet shall be $250.00 • Canopies from 501-600 square feet shall be $300.00 • Canopies from 601 square feet or greater shall be $400.00 • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council • A ten feet separation distance must be maintained between tents and canopies • A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of flame resistance shall be provided to the National City Fire Department prior to the event 13) First Aid will be provided by organization 14) Provide map of site area. Map to include placement of Fire Department requests (Site map is not clear. Please provide legible site map 15) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc 16) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars Fire Department Fees can only be waived by City Council. Approval contingent upon final field inspection and compliance with all applicable codes and ordinances CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO. 27 TEM TITLE: Temporary Use Permit — Safe Summer Slam sponsored by Operation Samahan at 2841 Highland Avenue on May 24, 2014 from 8 am to 5 pm with no waiver of fees. PREPARED BY: Vianey Rivera PHONE: (619) 336-4364 EXPLANATION: This is a request from Operation Samahan to conduct the Safe Summer Slam evtrft at 2841 Highland Avenue on May 24, 2014. This event is an annual event planned and coordinated by Operation Samahan staff in collaboration with it's community partners. The focus of the event is health promotion and awareness of available programs and services in National City and the South Bay. This event is free of charge. DEPARTMENT: Neigrvices Division APPROVED BY: Security will be provided by Job Corps of San Diego and handicap parking will be reserved on the existing parking lot. Note: This event has been approved by council for the past 4years with no waiver of fees. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP through various City departments. Total fees due $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 4pplication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert Fair _ Festival _Community vent _ Parade _ Demonstration _ Circus _Block Party _ Motion Picture _ Grand Opening _ Other Event Title: S‘ce `kookr S,Q,rn Event Location: qeC&�; 5M &NIA 2 t \ Event Date(s): From JMj ILI to 5f 11'7 Actual Event Hours: .5 oo b/pm to 6 :0 0 am/0 Total Anticipated Attendance: 30 O Participants Spectators) Setup/assembly/construction Date: 5 I Start time: 1 : 00arv, PI se describe tile scope of your setup/assembly work (specific details): C OUfS+ ` °' c;5.e f 5, (�� C o(`bt--io i Dismantle Date: 3 3b PM Completion Time: \Q: 0 0 am/r List any street(s) requiring closure as a result of this event. Include street name(s), day and time of_clgsiAg and day and time of reopening. Sponsoring Organization: 00cot-t0'(1 S OIMOt\ Ct ('t Chief Officer of Organization (Name) 18 -e` Soi. 'JOt) Applicant (Name): Arta ekrri rv2.q Address: 14 ‘ A\O r � A. . I v i0110tk C � ! �� O i O 'J t Daytime Phone: (tq) �t7`- N N I Xbo2-Evening Phone: NI) — Fax: (ljQ) 1-11) M •- y5(14 E-Mail: aCACCX.I.C@ OiifONIOA5AN Qll- org Contact Person ` on site" day of the event: tnoValt Cellular: u tq_ 94 tii 3'3 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? 'YES _ NO Are admission, entry, vendor or participant fees required? _ YES 7NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organ ation 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 the event. Sck mac`'3 otm 15 ckn &( ) NIA 10. Op 1\c"lottOcke, 1 OVA k' - t 11bu) coN)Avyir 4a6 0C 1°`Y i r`4O EAtAtoAs a(1� Otwo t s Q-F cn gc c%j 6 a.nA c-cs ► t) eho,cy _ YES JNO 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: _ YES NO Does the event involve the sale or use of alcoholic beverages? _ YES v NO Will items or services be sold at the event? If yes, please describe: YES 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. _ YES _ NO Does the event inxolv6 the use of tents or canopies? If YES: Number of tent/canopies `j-"J Sizes I D ?( l: NOTE: A separate Fire Department permit is required for tents or canopies. _ YES NO Will the event involve the use of the C, i� or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: H 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): n Portable and/or Permanent Toilet Facilities Number of portable toilets: _ (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) nTables # 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: t O Trash containers with lids: ( 0 Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Contro nd Inte nal Security: ' t �a4e an A ckemer- w b oC QS Sa.t D -t YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES,(please list: ✓ Security Organization: )n 0 �1CO c QLj Security Organization Address: \ q 25 165 4'1 . kmJ pe r; at'each OA a (a 32 Security Director (Name): Phone: `Qct- 1 �Q 8 6 0 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 spectators: `Pleas indicate what rrangeme�nt you have made fQr provi(din '� NV 6; C 0.\ "J••k 0. 6 n Apo- C 0; if i t i `o C or VQ a 28 t S \t►`an A ,<iJ`•C PI se describeyour Acce fib' ity Plan for access at your event Y�� \r o ,i. t: esl qt a t -n, cYlQ6 onto ckgt� oc \c9 Gc�I�J . o_Eirst Aid Staffin and Equipment. 0v(' �t`\MA.f i 0.re N.it. (IA a106a by individuals with disabilities: vla-‘9 a5 ute11 as Please rovide a detailed description of your PARKING pla D 0.10,NW01 NI, `�� n�c %eased 1p� ®n oy\tknb o M . Plp�se our ifor `ISAOB D fAR 11 1j�a�'�describe yq .�oIaa � 1 tNG: Sc.blt d wwr‘y Please describe your plans to notify all residents, busin@nes and Ourches,iwacted by tte1 event: VA6 A t. oar c (mlf R i tC CE tc o Sl rtaO5 W' Wtin O ti 'C ec'G c0.6\vS NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. J YES _ NO 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: Number of Bands: Yi y y\..4) Type of Music: cAkemRocac-1 -� e -YES _ NO Will sound amplification be used? If YES, please indicate: Start time: WO /pm Finish Time • 0 6 am/rm V _ YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: tii l'pm Finish Time ' ' d U 0/pm Please describe the sound equipment that will be used for your event: 0911 SAtM I `[ ? A 5 Q.ta to cS _ YES _ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO icy signs, banners, decorations, special lighting? If YES, please describe: 'o•tc , A\1\ 'o a 044A ' pierce-k\ I A Sa M&vt t b v',\a`,A� Revised 02/29/12 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 V1-Q,CA`ltl0A lryi& 1f1cin Person in Charge of Activity A `Nl Q �oZ ct Address 1)—t 5 l#k\cta 6 A , N 4 od (\411 0_.4 q \ C 67 Telephone \ \ 9- 117)- 9t 0 ( Date(s) of Use *--1"1 l 1 LI 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 the Parking Authority 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 related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved °3/ 1 7 la-o Date ittps://mail o erationsamahan.org/service/home/—/' _,h=co&loc=en... https://mail.operationsar an.org/service/home/—/?auth=co&loc=en... ACCIRd IDATE MMus/win 3/14/2014 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. CERTIFICATE Cr LIABILITY INSURANCE ANT: If the cedIIkats holder Is an ADDITIONAL INSURED. the policy(Ms) must be endorsed. if SUBROBAT1ON IS WANED, sullied to ANT: and conditions of the policy certain policies may require an endorsement. A statement on this certificate does not COMET dghls to the holder In lieu at such sndoesema+l(I). The John L Raya Insurance Group 401 South Mission Drive(91776) P. 0. Sox 728 San Gabriel CA 91778 GCITAET Jeanne Rays .... (626)570-8611 I C.ppg I$Z1I2Sl-2S72 O 1UREVSI AFPoR01N° COVERAGE NAIL n1EURIaA Nonprofits Ins Alliance of CA Operation Saeahan Inc 2835 Highland Avenue Suite B National City COVERAGES CA 91950 InuREI•: INSURERC: INSURER 0: INSURER E: INSURER F: :CL143140295 • THIS IS TO CERTIFY THAT THE POMCIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOMMTHSTANDING ANY REOUWEMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VAIN RESPECT TO Vd8CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, PAID CLAIMS. CONDITIONS OF SUCH POLICIES. URNS SHOWN MAY HAVE BEEN RE/DpUL1CDE1ID� I NgEXCLUSIONSAND TYPE OPNWRA110E MDERI JIM POUQY IUMUER MCI INWOMCI WARS A GENERAL X WARM COWAERCIPL GENERAL VANITY ICARM.4MDE X OCCUR X Z0131B073IP0 II/SO/2013 9/20/2014 EACNOcgwRENCE $ 1,000,000 AWNf Pl:to PAWN MU Neel m S 500,000 PREMISES Rc al imp ENP(AnU,AN: Ronan) S 20,000 PEREORAL a MNIUURY S 1,000,000 GENERAL AGGREGATE 3 3,000,000 �n PRI OEMLAGOREOATEPLIR& N1�t I PAPSPEC 1 roues ILOC w PRODUCTS • COop AGO 2 3,000,000 S AU1QMOBLEUNIBILm _ ` ANY AUTO AUTO NRIED AUTOS �_- SCHRUM AOLNED EAR SINGLE use S NOBLY INJURY (Pr psw,3 1 SOD,Y NN IYtPr G PnpOm S rERTY '� S S — OM ausAUAt 0C0t* CLAIAE.awE EACH OCCURRENCE S AGGREGATE S oPp I I REIM/DONS 1 ND INORMEEESotow� URBOATIOweenyI ANY PRRPNRRToRAAsTNERADMOUTnE YIN CFPICEIMEIIIER DtCUXED7 NIA yyC mRYI Iona I IOen E,L EACH ACCIDENT $ EL.DISEASE - EA EMPLOYEE S E.L Oa.ME- POMICY LAN: S YRYaaN. OE4Re rnIPIPTIa1 OF OPERATIONS beim $UcplpMNOFc.ERAMONS, LOCATIONS Mean (Attach ACM 101. AORl.UL Meta SpMIWq,Name Nem le INW,M) CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd National City, CA 91950 ACORD 2512010105) INS 0251ZOIEES o1 BMOULD AMY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPMATI0N DATE THEREOF. NOTICE VFILL 85 DELIVERED IRA ACCCROANCE WITH THE POLICY PROVISIONS. AUTHORIZED RPPUIEEENTAnvE ,p Ro010 9axajas/ /)/ 01 2010 ACORD CORPAll rights resensd. The ACORD name and logo ars registered marks of ACORD 1 of 1 3/17/2014 9:57 AIV Food Registration Driveway festival ta,ot Back Parking Lot Teen Center Stage Front Parking Lot Concrete Island CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Operation Samahan EVENT: Safe Summer Slam DATE OF EVENT: May 24, 2014 TIME OF EVENT: 8 am to 5pm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 ENGINEERING: No comment. BUILDING: No comments. PLANNING: Speakers to face away from adjacent residential uses. All activities must comply with noise levels specified by NCMC Title 12. RISK MANAGER (619) 336-4370 Risk Management has no issues with this event. PUBLIC WORKS (619)366-4580 No involvement. COMMUNITY SERVICES No involvement. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: NO FEE OR INSPECTION REQUIRED 1) Access to the area to be maintained at all times, entrances and emergency roadways. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not Tess than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 3'h`to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) Internal combustion power sources that will be used for amplified sound shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the sound system is not in use. 8) If Internal combustion power sources (generators) are used, they shall be isolated from contact with the public by either physical guards, fencing or an enclosure. 9) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 10) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet State Fire Marshal approval for cooking. See Fire Marshal for required explanation. 11) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. 12) All cooking areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. See Attached 13) First Aid will be provided by Operation Samahan Inc.personnel 14) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. A fee of $200.00 dollars shall be paid directly to the fire department prior to the event 15) Fees can only be waived by City Council. If you have any questions please feel free to contact me. POLICE The PD will ask for extra patrol for the event. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FINANCE Operation Samahan has about 6 locations in the City. I only show the one on Granger Ave as being licensed. They are non-profit so they just need to turn the renewal in. Besides that, I have no protest to the TUP approval. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETAG DATE: April 15, 2014 j AGENDA ITEM NO. 28 'EM TITLE: Prescription Drop Off Container — Report of Feasibility of Installing a Container at the Police Facility PREPARED BY: Jose Tellez, Captain DEPARTMENT: Police PHONE: 4513 APPROVED BY: EXPLANATION: Please see the attached report for the Prescription Drop -Off Container to be located in the lobby of the Police Department. FINANCIAL STATEMENT: ACCOUNT NO. WAY ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and File BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: eport NATIONAL CITY POLICE DEPARTMENT MEMORANDUM Date: April 8, 2014 To: Manuel Rodriguez, Chief of Police From: Jose Tellez, Captain Subject: Prescription Drug Drop -Off Container During a recent City Council meeting Vice Mayor Luis Natividad requested staff evaluate locating a Prescription Drug Drop -Off Container at National City's police department, similar to the one located at the San Diego Police Department (SDPD) — Southeastern Station. As part of the request, department personnel met with Captain Tony McElroy to learn more about this specific program. SDPD Program The San Diego Police Department's Southeastern Division serves a population of 175,757 residents and encompasses 19.1 square miles. In response to their successful participation in the Drug Enforcement Administration's (DEA's) Prescription Drop -Off events, the Command Staff at the Southeastern Division decided to provide this service to their community year round. There is a large population of senior citizens living in Southeast San Diego and SDPD felt it was important to provide seniors with a local drop off location. The container they selected was a standard metal mail box, painted white and covered with decals identifying it as a prescription drop-off container. The container is located inside the lobby of the station. The drop-off container is accessible to all members of the public; the desk officer on - duty does not screen the items. The only item they discourage the public from placing into the container are syringes and there is a sign on the container with this information. SDPD decided to place the drop-off container in the police lobby for security reasons. The desk officer checks the container and empties it when full; the contents are boxed up and transported to the main narcotics locker at headquarters (downtown) by a patrol officer. Property & Evidence personnel sort the contents of the box for destruction. There is no written policy on the Prescription Drugs Drop -Off Container at Southeastern Division, however this practice described above is common knowledge to the desk officers, who are primarily responsible for checking and emptying the container. SDPD was unable to obtain the exact weight of prescription drugs collected since the start of the program because the drugs are sorted at headquarters. The desk officer on duty at the time of the visit estimates he empties the container about every six to eight i weeks. Based on the feedback from the community, SDPD considers this program a success. NCPD PARTICIPATION The National City Police Department serves a population of 59,869 residents and encompasses 9 square miles. The Department has participated in the DEA Prescription Take Back Day since 2010. At least twice annually, the police department has set-up a collection point at the police department or a city facility during the event, these collection points not only serve residents but serve as a drop-off location for all of the South Bay region. This year, the Prescription Take Back Day is scheduled in April and the collection point will be at the police department's storefront at Plaza Bonita. Attached are the collection numbers since the Department started participating in the program: Date: Boxes: Pounds: September 2010 7 99.3 April 2011 8 83.2 October 2011 6 89.2 April 2012 13 193.2 September 2012 10 128.6 April 2013 10 182.7 October 2013 8 109.9 ANALYSIS Southeastern Division serves almost three times the population and is twice the service area of National City; they empty the Prescription Drugs Drop -Off Container approximately every two months. Speculating on the numbers it would appear that If the SDPD Program were adopted it would take six months for the container to fill, which is the approximate time the current Prescription Drugs Drop -Off event takes place. In addition, Senate Bill 1014 introduced by Senator Hannah -Beth Jackson would require drug manufacturers to create, finance and manage a statewide system for collecting and disposing of unwanted drugs(http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb 1001- 1050/sb 1014 bill 20140401 amended sen v98.htm). 2 RECOMMENDATION Based on the pending State legislation and the projected low use of a Prescription Drug Drop -Off Container (6 month interval) it is recommended the City await the outcome of the legislation and continue to participate in the DEA's program. If the City chooses to implement a Prescription Drug Drop -Off Container the Department would need to develop a policy for accountability and the destruction of the drugs. In addition, this program would require additional staff time to process and destroy collections and the purchase of equipment. Attached is information on the pending State Legislation and pictures of the Prescription Drug Drop -Off Container at SDPD (http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb 1001- 1050/sb 1014 bill 20140401 amended sen v98.htm; http://www.californiahea Ithline.org/insight/2014/drug-takeback-bill-faces-opposition?view=print). JOSE TELLEZ 3 DRUG TAKE -BACK BILL FACES OPPOSITION by George Lauer, California Healthline Features EditorThursday, March 20, 2014 A bill introduced last month in the California Legislature would make pharmaceutical manufacturers responsible for the end of their products' lives -- not just the beginning. SB 1014 by Sen. Hannah -Beth Jackson (D-Santa Barbara) would require drug manufacturers to create, finance and manage a statewide system for collecting and disposing of unwanted drugs. Jackson said new rules are needed to address a growing problem of prescription drug abuse, accidental poisonings and traces of pharmaceuticals found in California drinking water. Jackson's bill is modeled after an Alameda County ordinance -- the first governmental effort in this country to make drug manufacturers responsible for product stewardship. Three pharmaceutical organizations filed suit against the Alameda County ordinance, which requires drug makers to fund and operate a countywide take -back program for unused prescription drugs. A federal court judge ruled in favor of Alameda County last summer, rejecting the challenge by Pharmaceutical Research and Manufacturers Association of America, the Generic Pharmaceutical Association, and the Biotechnology Industry Organization. The case is now on appeal to the Ninth U.S. Circuit Court of Appeals. Jackson's bill will be heard in the Senate Environmental Quality Committee next week. 'Should Not Be Municipal Function' Physicians prescribe more than $10 billion in drugs every year in California, "but as much as 40% to 50% of those drugs can end up unused," Jackson said. The drugs -- usually pills -- gather dust in medicine cabinets until kids find them or they get flushed down toilets or thrown into landfills, Jackson said. "Keeping track of and properly disposing of these drugs should not be a municipal function, and it should not be paid for by taxpayers," Jackson said. 4 The Pharmaceutical Research and Manufacturers Association of America disagrees. "PhRMA believes strongly that the creation of a take -back program like that proposed by SB 1014 is a mistake," said John Murphy, associate general counsel for PhRMA. "It places the entire responsibility for the execution, finance, management and administration of otherwise municipal operations on pharmaceutical manufacturers and shifts the costs and burden of such local programs to out -of -county consumers and companies," Murphy wrote in an email response to questions from Califomia Healthline. Murphy said Jackson's bill would "assuredly burden California's health care system without addressing the underlying issues of prescription drug abuse and diversion due to unused and expired medicine, or impacting environmental quality in a substantive way." Jackson said she has invited PhRMA representatives as well as officials from other organizations to participate in the crafting of statewide legislation addressing these problems. "We have had no success in getting them to the table," Jackson said. "If they're not willing to be part of the solution then we'll have to move forward on our own. I took what I see as an intelligent and reasonable ordinance drafted by the county of Alameda and tweaked and expanded it to cover the entire state," Jackson said. Other city and county governments in California have drug disposal programs in place, but Alameda's is the only one requiring pharmaceutical companies to create and pay for the program. California has 305 safe drug disposal sites, an inadequate number for a state the size of California with 38 million residents, according to Jackson. 'While a number of local governments have admirably stepped up to establish their own drug take - back programs, it's the taxpayers who end up footing the bill for this, with no assistance from the multibillion dollar drug industry," Jackson said. 'We are hoping that the industry will join us in sharing the responsibility for what happens to these unused medications." The bill is sponsored by the California Product Stewardship Council, Clean Water Action, the California Alliance of Retired Americans, the City and County of San Francisco, and Alameda County. PhRMA Predicts Costs Will Rise; Jackson Disagrees In a letter to Jackson last week, PhRMA Vice President Merrill Jacobs wrote: "Secure disposal is a complex issue and the legislation, as drafted, is impractical and will have numerous unintended consequences, including possibly increasing health care costs." 5 Jackson said she was puzzled by the claim that costs might rise. "There's been a successful take -back program in place for almost 15 years in British Columbia and the drug companies -- the same companies we're talking about in California -- aren't complaining about it and prices haven't gone up there," Jackson said. The Vancouver, British Columbia, program -- similar in many ways to Jackson's proposal — costs about $400,000 a year and annually diverts more than 110,000 pounds of medicine from improper use or disposal, according to Take Back Your Meds, a group of environmental and health organizations. Similar programs are in operation in Italy, Spain and France, according to Take Back Your Meds. Neither Jackson nor PhRMA officials had an estimate for how much a statewide take -back program might cost in California. Jackson said "the cost would be minimal." "Remember these companies are making billions and billions of dollars every year. The cost of these take -back programs were proposing would be minimal. They can certainly afford it without hurting their profit margins too much," Jackson said. Jackson expects opposition to her bill will be well -funded and well -organized. "Pharmaceutical manufacturers are one of the big boys in the game," Jackson said. "I'm sure there will be very intense lobbying against this. Pharmaceutical manufacturers produce some lifesaving medications, and we all should be thankful to them for that, but I think it's time for them to take res onsibili for the entire life c cle of their products, not 'ust the earl , profitable sta. es." © 1998 - 2014. All Rights Reserved. California Healthline is published daily for the California HealthCare Foundation by The Advisory Board Company. 6 The following photographs show the container for reference. 7 AMENDED IN SENATE APRIL 1, 2014 Senate BillNo. 1014 Introduced by Senator Jackson begin insert (Principal coauthor: Senator Leno) end insertbegin insert (Coauthors: Senators Evans, Hancock, Liu, and Pavley) end insertbegin insert (Coauthors: Assembly Members Ammiano and Williams) end insert February 13, 2014 1bpm74p451Dnssp/a7 4u5bpof gp45p43ap d3uba33 pmisp. -5 a3 3u5b3p05sai p45pr}a bsp/a74u5 bp gg ffp5 iprrbsp45pmssp/a74u5b pgg f g p45ipQap am; 49pniDsp/m a4rp05saipm bsp45prss p 1-4u7;ap6 op_75) )a b7ubvp u 49p/a74u5 bpo g nf? p15p09 m 4a-pgp5 p.m -4p p5 ptu u 3u5bp6fp5 p 49ap. dc;u7pla 35d -7a 3p05saip-a; m4bvp45p 9 m-) m7ad4uln;p m34a pp LEGISLATIVE COUNSEL'S DIGEST SB 1014, as amended, Jackson. Pharmaceutical waste: begin inserthome generated.end insert (1) The Department of Resources Recycling and Recovery was required, pursuant to provisions repealed on January 1, 2013, to develop, in consultation with appropriate state, local, and federal agencies, model programs for the collection and proper disposal of drug waste. This bill would enact the Home -Generated Pharmaceutical Waste Collection Disposal Act and would define terms for purposes of the act. The bill would require a producer of covered pharmaceuticals to submit to the Department of Resources Recycling and Recovery, by July 1, 2015, except as specified, a product stewardship plan and would authorize one or more producers to submit a plan or designate a stewardship organization to act as an agent on behalf of the producers to submit a plan. The bill would require the stewardship plan to contain specified elements with regard to the collection and disposal of home -generated pharmaceutical waste, including provisions for the payment of all administrative and operational fees associated with the product stewardship program. The bill would specify procedures for the approval of the plan by the department and would require a producer, group of producers, or stewardship organization operating a 8 stewardship program to take specified actions with regard to the disposal of home - generated pharmaceutical waste and promoting product stewardship programs to consumers, pharmacists, retailers of covered pharmaceuticals, and health care practitioners. The bill would require a producer, group of producers, or stewardship organization operating a product stewardship program to prepare and submit to the department an annual written report describing the program's activities during the previous calendar year by July 1, 2016, or at a later date as approved by the department, and on or before July 1 annually thereafter. The bill would authorize the department to adopt regulations to implement the act and would require the department to adopt regulations to provide for the appropriate management of consolidated home -generated pharmaceutical waste, to establish a schedule of fees to be charged to cover the department's costs of administering and enforcing the act, and to adopt a schedule setting the amounts of administrative civil penalties that the department would be authorized to impose. The bill would require a producer, group of producers, or a stewardship organization submitting a plan to the department to pay the fees set by the department and would require the department to deposit the fees into the Home -Generated Pharmaceutical Waste Program Account, which the bill would create in the Integrated Waste Management Fund. The department would be authorized to expend the fees, upon appropriation by the Legislature, to administer and enforce the act. The bill would authorize the department to issue an administrative order to, or impose a civil penalty upon, a producer who is in violation of the act or a regulation adopted pursuant to the act. The bill would require the department to deposit the penalties into the Home -Generated Pharmaceutical Waste Penalty Account, which the bill would create in the Integrated Waste Management Fund, and would authorize the department to expend the moneys in that account, upon appropriation by the Legislature, to enforce the act. (2) The Medical Waste Management Act, administered by the State Department of Public Health, regulates the management and handling of medical waste, including pharmaceutical waste, as defined. Existing law defines the term medical waste and excludes certain types of waste from that definition. This bill would define the term "home -generated pharmaceutical waste" for purposes of that act. The bill would exclude, from the definition of medical waste, home -generated pharmaceutical waste that is handled by a collection and disposal program operating in accordance with the act specified above. This exclusion would not become operative until the Secretary of State posts a notice regarding the effective date of the regulations that the department is required to adopt pursuant to that act. (3) The Pharmacy Law provides for the Iicensure and regulation of pharmacists and pharmacy establishments by the California State Board of Pharmacy, and makes a knowing violation of that law a misdemeanor. 9 The bill would also authorize a pharmacy to accept the return of home -generated pharmaceutical waste from a consumer, consistent with specified federal laws. Because a knowing violation of this provision would be a crime, the bill would impose a state - mandated local program. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: P3 1 SECTION 1. Section 4068.1 is added to the Business and 2Professions Code, to read: 3 4068.1. A pharmacy may accept the return of home -generated 4pharmaceutical waste, as defined in Section 117670.1 of the Health 5and Safety Code, from a consumer, consistent with the Federal 6Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) and 7thebegin insert federalend insert Controlled Substances Act (21 U.S.C. Sec. 801 et seq.). 8 SEC. 2. Section 117670.1 is added to the Health and Safety 9Code, to read: P4 1 117670.1. "Home -generated pharmaceutical waste" means a 2prescription or over-the-counter human or veterinary 3home-generated pharmaceutical, including, but not limited to, a 4drug, as defined in Section 109925 or in Section 321(g)(1) of Title 521 of the United States Code, that is a waste, as defined in Section 625124, derived from a household, including, but not limited to, a 7multifamily residence or household. 8 10 SEC. 3. Section 117700 of the Health and Safety Code is 9amended to read: 10 117700. Medical waste does not include any of the following: 11(a) Waste generated in food processing or biotechnology that 12does not contain an infectious agent as defined in Section 117675. 13(b) Waste generated in biotechnology that does not contain 14human blood or blood products or animal blood or blood products 15suspected of being contaminated with infectious agents known to 16be communicable to humans. 17(c) Urine, feces, saliva, sputum, nasal secretions, sweat, tears, 18or vomitus, unless it contains fluid blood, as provided in 19subdivision (d) of Section 117635. 20(d) Waste which is not biohazardous, such as paper towels, 2lpaper products, articles containing nonfluid blood, and other 22medical solid waste products commonly found in the facilities of 23medical waste generators. 24(e) Hazardous waste, radioactive waste, or household waste, 25including, but not limited to, home -generated sharps waste, as 26defined in Section 117671. 27(f) Waste generated from normal and legal veterinarian, 28agricultural, and animal livestock management practices on a farm 29or ranch. 30(g) (1) Home -generated pharmaceutical waste, including, but 31not limited to, consolidated home -generated pharmaceutical waste, 32that is handled by a collection and disposal program operating in 33accordance with Article 3.4 (commencing with Section 47120) of 34Chapter 1 of Part 7 of Division 30 of the Public Resources Code. 35(2) The Department of Resources Recycling and Recovery shall 36notify the Secretary of State of the effective date of the regulations 37adopted pursuant to subdivision (b) of Section 47129 of the Public 38Resources Code. The Secretary of State shall post this notification 39on its Internet Web site within 15 days after receiving that notice. 11 P5 1(3) Paragraph (1) shall not become operative until the Secretary 2of State posts the notice described in paragraph (2) on its Internet 3Web site. 4 SEC. 4. Article 3.4 (commencing with Section 47120) is added 5to Chapter 1 of Part 7 of Division 30 of the Public Resources Code, 6to read: 7 10 8Article 3.4. Home -Generated Pharmaceutical Waste Collection 9and Disposal 11 47120. The Legislature hereby finds and declares all of the 12following: 13(a) Prescription and nonprescription drugs successfully allow 14us to live longer, healthier, and more productive lives. 15(b) The public, particularly children and the elderly, are at 16significant and unnecessary risk of poisoning due to improper or 17careless disposal of drugs and the illegal resale of drugs. 18(c) Our source water for drinking water is being contaminated 19by unwanted, leftover, or expired drugs passing through our 20wastewater and treatment centers. 21(d) There is no mandatory statewide drug stewardship program 22for unwanted drugs in California. 23(e) It is the intent of the Legislature that all members of the 24supply chain work together to implement an effective program to 25maximize the collection and disposal of unused drugs in California. 26 47121. This article shall be known, and may be cited, as the 27"Home-Generated Pharmaceutical Waste Collection and Disposal 28Act." 29 12 47122. For the purposes of this article, the following terms 30have the following meanings: 31(a) "Consumer" means an individual purchaser or owner of a 32covered pharmaceutical. "Consumer" does not include a business, 33corporation, limited partnership, or an entity involved in a 34wholesale transaction between a distributor and retailer. 35(b) "Controlled substance" means a substance listed in Chapter 36begin insert tend insert (commencing with Section 11053) of Division 10 of the Health 37and Safety Code, or in Section 812 of Title 21 of the United States 38Code or subject to Section 813 of Title 21 of the United States 39Code. P6 1(c) "Cosmetic" means anything defined as a cosmetic in Section 2109900 of the Health and Safety Code. 3(d) (1) "Covered pharmaceutical" means a prescription drug 4or an over-the-counter human or veterinary drug. 5(2) "Covered pharmaceutical" does not include any of the 6following: 7(A) A drug that is regulated pursuant to either of the following: 8(i) The federal Resource Conservation and Recovery Act of 91976, as amended (42 U.S.C. Sec. 6901 et seq.). 10(ii) The Radiation Control Law (Chapter 8 (commencing with 11Section 114960) of Part 9) of Division 104 of the Health and Safety 12Code. 13(B) A vitamin or supplement. 14(C) begin insertAn end insertherbal-based remedy or a homeopathic drug, product, 15or remedy. 16(D) Cosmetics, soap, with or without germicidal agents, laundry 17detergent, bleach, household cleaning products, shampoos, 18sunscreens, toothpaste, Hp balm, antiperspirants, or other personal 19care products that are regulated cosmetics under the Federal Food, 20Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.). 13 21(E) A drug for which a producer provides a take -back program 22as part of a federal Food and Drug Administration managed risk 23evaluation and mitigation strategy (21 U.S.C. Sec. 355-1). 24(F) A drug that is a biological product, as defined in subsection 25(h) of Section 600.3 of Title 21 of the Code of Federal Regulations, 26as it read on January 1, 2015, if the producer provides a take -back 27program. 28(G) A pet pesticide product contained in a pet collar, powder, 29shampoo, topical application, or other delivery system. 30(e) "Drug" means anything defined as a drug in Section 109925 31of the Health and Safety Code or in Section 321 (g)(1) of Title 21 32of the United States Code. 33(f) "Home -generated pharmaceutical waste" means a covered 34pharmaceutical that is a waste, as defined in Section 25124 of the 35Health and Safety Code, derived from a household, including, but 36not limited to, a multifamily residence or household. 37(g) "Mail -back program" means a system whereby a generator 38of home -generated pharmaceutical waste may obtain a prepaid 39and preaddressed mailing envelope in which to place P7 lhome-generated pharmaceutical waste for shipment to an entity 2that will dispose of it safely and legally. 3(h) "Over-the-counter drug" means a drug that may be lawfully 4sold without a prescription. 5(i) "Pharmaceutical wholesaler" means a person that sells or 6distributes covered pharmaceuticals for resale to an entity other 7than a consumer. 8(j) "Plan" or "product stewardship plan" means a product 9stewardship plan to implement a program to collect and dispose 10of home -generated pharmaceutical waste. 11(k) "Prescription drug" means a drug required by federal or state 12law to be dispensed lawfully only on prescription. 13(/) (1) "Producer" shall be determined with regard to a covered 14pharmaceutical that is sold, offered for sale, or distributed in the 15state as meaning one of the following: 16(A) The person that manufactures a covered pharmaceutical 17and that sells, offers for sale, or distributes that covered 18pharmaceutical in the state under that person's own name or brand. 14 19(B) If there is no person who meets the condition specified in 20subparagraph (A), the producer of the covered pharmaceutical is 21the owner or licensee of a trademark or brand under which the 22covered pharmaceutical is sold or distributed in California, whether 23or not the trademark is registered. 24(C) If there is no person who meets the conditions specified in 25subparagraph (A) or (B), the producer of that covered 26pharmaceutical is the person who brings the pharmaceutical into 27the state for sale or distribution. 28(2) "Producer" does not include either of the following: 29(A) A retailer that puts its store label on a covered 30pharmaceutical. 31 (B) A pharmacist who dispenses prescription drugs to, or 32compounds a prescribed individual drug product for, a consumer. 33(m) "Product stewardship program" or "program" means a 34program financed and operated by one or more producers to collect, 35transport, and dispose of home -generated pharmaceutical waste. 36(n) "Stewardship organization" means an organization 37designated by a group of producers to act as an agent on behalf of 38each producer to operate a product stewardship program. 39 47124. (a) On or before July 1, 2015, or on a later date that 40may be specified by the department, a producer shall submit to the P8 ldepartment a product stewardship plan that complies with the 2requirements of subdivision (b). One or more producers may submit 3a plan or designate a stewardship organization to act as an agent 4on behalf of the producers to submit a plan. A producer that 5designates a stewardship organization shall enter into an agreement 6with that stewardship organization to operate, on the producer's 7behalf, a product stewardship program and the stewardship 8organization shall submit a plan pursuant to this section on or 9before July 1, 2015, or on a later date that may be specified by the 10department. 11(b) A product stewardship plan shall contain all of the following 12elements: 13(1) A certification that the product stewardship program will 14accept all home -generated pharmaceutical waste that results from 15a covered pharmaceutical sold by the producer, or by the producers 15 16that enter into agreement with the stewardship organization, from 17a11 households, including multifamily households, unless excused 18from this requirement by the department as part of the approval 19of the plan. 20(2) Contact information for the producer submitting the plan or 21for each of the producers participating in the product stewardship 22program submitting the plan. 23(3) A description of the methods by which home -generated 24pharmaceutical waste will be collected and an explanation of how 25the collection system will conveniently and adequately serve the 26residents of the state. 27(4) A description of how the product stewardship plan will 28provide collection services for home -generated pharmaceutical 29waste in all areas of that state that are convenient to the public and 30adequate to meet the needs of the population in the area being 3lserved. 32(5) The location of each collection site and locations where 33envelopes for a mail -back program are available, if applicable. 34(6) A list containing the name, location, permit status, and record 35of any penalties, violations, or regulatory orders received in the 36previous five years by each person that will be involved in 37transporting home -generated pharmaceutical waste and each 38medical waste disposal facility proposed to participate in the 39product stewardship program. P9 1(7) A description of how the home -generated pharmaceutical 2waste will be safely and securely tracked and handled from 3collection through final disposal and the policies and procedures 4to be followed to ensure security. 5(8) A description of how the public education and outreach 6activities required by subdivision (c) of Section 47126 will be 7implemented and how the effectiveness of those activities will be 8evaluated. 9(9) A description of how the scope and extent of the product 10stewardship program are reasonably related to the amount of llcovered pharmaceuticals that are sold in the state by the producer 12or group of producers. 13(10) A starting date when the collection of home -generated 14pharmaceutical waste will begin. 16 15(11) A description of how support will be provided to any law 16 enforcement agencies within the state that have, or later agree to 17have, a collection program for controlled substances, including all 18of the following: 19(A) The provision of a collection kiosk with appropriate 20accessories and signage. 21(B) An ability to accept controlled substances and other 22home-generated covered pharmaceutical waste. 23(C) Technical support, including an appropriate person to 24provide onsite assistance with the sorting and separation of 25controlled substances at no cost to a participating law enforcement 26agency. 27(12) A description of how collection sites for home -generated 28pharmaceutical waste may be placed at appropriate retail stores in 29the state, including a description of the involvement of the retail 30stores. 31(13) If more than one producer will be involved in a proposed 32product stewardship program, the product stewardship plan for 33that program shall include a fair and reasonable manner for 34allocating the costs of the program among the participants in that 35program, so that the portion of costs paid by each producer is 36reasonably related to the amount of covered pharmaceutical sold 37by the producer in the state. 38(14) (A) Provisions for the payment of all administrative and 39operational fees associated with the product stewardship program, 40including the cost of collecting, transporting, and disposing of P10 lhome-generated pharmaceutical waste and the recycling or 2disposal, or both, of packaging collected with the home -generated 3pharmaceutical waste. 4(B) The plan shall not allow a person or producer to charge a 5 specific point -of -sale fee to consumers to recoup the costs of their 6product stewardship program, or charge a specific 7point-of-collection fee at the time the home -generated 8pharmaceutical waste is collected or delivered for disposal. 9 47125. (a) A producer, group of producers, or stewardship loorganization shall not collect home -generated pharmaceutical llwaste until it has received written approval of its product 12stewardship plan from the department. 17 13(b) Within 180 days after receipt and review of a product 14stewardship plan, the department shall conduct a noticed public 15hearing and determine whether the plan complies with the 16requirements of this article and any regulations adopted pursuant 17to this article. As part of its approval, the department may set 18reasonable performance goals for the program proposed to be 19implemented by the plan. 20(c) The department shall notify the applicant in writing of the 2lapproval of the plan. 22(d) If the department rejects a plan, it shall notify the applicant 23in writing of its reasons for rejecting the plan. The department may 24reject a plan without conducting a public hearing, other than the 25hearing required by subdivision (b). 26(e) An applicant whose plan has been rejected by the department 27sha11 submit a revised plan to the department within 60 days after 28receiving notice of the rejection. The department may require the 29submission of a further revised plan or may develop, approve, and 30impose its own product stewardship plan or an approved plan 3lsubmitted by other producers pursuant to this article. The 32department shall present the imposed plan at a public hearing. The 33department is not required, and nothing in this article shall be 34interpreted as requiring the department, to create or impose a 35product stewardship plan. 36(f) If the department rejects a revised product stewardship plan 37or any other subsequently revised plan, a producer that is subject 38to the plan shall be considered to be out of compliance with this 39article and subject to the enforcement provisions contained in this 40article. If the department imposes its own plan, the producer shall P11 snot be considered out of compliance with this article if the producer 2complies with that plan. 3(g) At least every three years, a producer, group of producers, 4or stewardship organization operating a product stewardship 5program shall update the product stewardship plan and submit the 6updated plan to the department for review and approval. 7(h) Any proposed changes to a product stewardship plan shall 8be submitted in writing to the department and approved by the 9department in writing prior to implementation of any change. 10(i) On and after July 1, 2015, a producer who commences to llsell a covered pharmaceutical in the state shall submit a product 12stewardship plan to the department or provide evidence of having 13joined an existing approved product stewardship program no later 14than 180 days after the date the producer commences to Sell that 18 15covered pharmaceutical, following the producer's initial sale of 16the offer for sale of a covered pharmaceutical. 17 47126. A producer, group of producers, or stewardship 18organization operating a stewardship program shall comply with 19a11 local, state, and federal laws and regulations applicable to its 20operations, including laws and regulations governing the disposal 21of medical waste and controlled substances, and shall additionally 22take all of the following actions when operating the program: 23(a) (1) Dispose of all home -generated pharmaceutical waste, 24in accordance with paragraph (1) of subdivision (a) of Section 25118215 of the Health and Safety Code. 26(2) A producer or stewardship organization operating a 27stewardship program may petition the department for approval to 28use a final disposal technology, if lawful, that provides superior 29environmental and human health protection than provided by 30current medical waste disposal technology for covered 3lpharmaceuticals, if and when the technology is proven and 32available. The department may approve that technology, if it 33provides equivalent protection in each, and superior protection in 34one or more, of the following areas: 35(A) Monitoring of any emissions or waste. 36(8) Worker health and safety. 37(C) Air, water, or land emissions contributing to persistent, 38bioaccumulative, or toxic pollution. 39(D) Overall impact on the environment and human health. P12 1(b) Encourage the separation of home -generated pharmaceutical 2waste from its original containers, when appropriate, prior to 3collection or disposal. 4(c) Promote the product stewardship program to consumers, 5pharmacists, retailers of covered pharmaceuticals, and health care 6practitioners as to the proper and safe method to dispose of 7home-generated pharmaceutical waste, in accordance with the 8following: 9(1) Develop and update as necessary, educational and other 10outreach materials aimed at retailers of covered pharmaceuticals. 19 11These materials may include, but are not limited to, one or more 12of the following: 13(A) Signage that is prominently displayed and easily visible to 14the consumer. 15(B) Written materials and templates of materials for reproduction 16by retailers to be provided to the consumer at the time of purchase 17or delivery, or both. 18(C) Advertising or other promotional materials related to the 19product stewardship program. 20(2) Prepare education and outreach materials that publicize the 211ocation and operation of collection locations in the state and 22disseminate the materials to health care facilities, pharmacies, and 23other interested parties. 24(3) Establish an Internet Web site publicizing collection 251ocations and program operations and a toll -free telephone number 26that residential generators can call to find nearby collection 271ocations and understand how the program works. 28 47127. On or before July 1, 2016, or at a later date as approved 29in writing by the department, and on or before July 1 annually 30thereafter, a producer, group of producers, or stewardship 3lorganization operating a product stewardship program shall prepare 32and submit to the department an annual written report describing 33the program's activities during the previous calendar year. The 34report shall include all of the following information: 35(a) A list of producers participating in the product stewardship 36program. 37(b) The amount, by weight, of home -generated pharmaceutical 38waste collected at each drop-off site and in the entire state and, if 39applicable, the total amount by weight collected by a mail -back 40program. P13 1(c) A description of the collection system, including the location 2of each collection site and if applicable, locations where envelopes 3for a mail -back program are provided. 4(d) The name and location of disposal facilities at which 5home-generated pharmaceutical waste were disposed of and the 20 6weight of home -generated pharmaceutical waste collected from 7residential generators disposed of at each facility. 8(e) Whether policies and procedures for collecting, transporting, 9and disposing of home -generated pharmaceutical waste, as 10established in the plan, were followed during the previous calendar llyear and a description of any noncompliance. 12(f) Whether any safety or security problems occurred during 13collection, transportation, or disposal of home -generated 14 pharmaceutical waste during the previous calendar year and, if so, 15what changes have been or will be made to policies, procedures, 16or tracking mechanisms to alleviate the problem and to improve 17safety and security. 18(g) A description of public education and outreach activities 19implemented during the reporting period, including the 20methodology used to evaluate the outreach and program activities. 21(h) How the product stewardship program complied with all 22other elements in the product stewardship plan approved by the 23department, including its degree of success in meeting any 24performance goals set by the department as part of the approval 25of the plan. 26(i) Any other information that the department may reasonably 27require. 28 47128. The department shall provide on its Internet Web site 29a list of all producers participating in product stewardship programs 30approved by the department and a list of all producers the 3ldepartment has identified as noncompliant with this article or the 32regulations adopted pursuant to this article. 33 47129. (a) The department may adopt regulations to implement 34this article. 35(b) The department shall adopt regulations to do all of the 36following: 37(1) Provide for the appropriate management of consolidated 38home-generated pharmaceutical waste to ensure public and 21 39environmental safety, including, but not limited to, handling, 40storage, containment, tracking, transportation, and disposal. P14 1(2) Establish a schedule of fees to be charged to the producers 2to cover the department's costs of administering and enforcing 3this article. In setting the fee schedule, the department shall only 4recover its actual costs of administration and enforcement under 5this article and shall not charge any amounts under this article in 6excess of its actual administrative and enforcement costs. 7(3) Adopt a schedule setting the amounts of administrative civil 8penalties that the department may impose pursuant to Section 947130, based on the nature, extent, and severity of the violation 10and any other relevant factors. 11(c) A producer, group of producers, or a stewardship 12organization submitting a plan to the department shall pay the fees 13set by the department pursuant to subdivision (b). 14(d) The department shall deposit all fees collected pursuant to 15this section into the Home -Generated Pharmaceutical Waste 16Program Account, which is hereby created in the Integrated Waste 17Management Fund. Upon appropriation by the Legislature, moneys 18deposited into the account may be expended by the department to 19administer and enforce this article. 20 47130. (a) The department may issue an administrative order 21to, or impose an administrative civil penalty upon, a producer who 22is in violation of this article or a regulation adopted pursuant to 23this article, to require compliance with this article or the regulation. 24(b) The department shall deposit all penalties collected pursuant 25to this article into the Home -Generated Pharmaceutical Waste 26Penalty Account, which is hereby created in the Integrated Waste 27Management Fund. Upon appropriation by the Legislature, moneys 28deposited into the account may be expended by the department to 29enforce this article. 30 47134. This article does not require a retailer to host a 3lcollection site and nothing in this article shall be interpreted as 32requiring this participation. 33 47135. 22 A producer or stewardship organization that creates 34and operates a plan that is approved by the department is not in 35violation of the Cartwright Act (Chapter 2 (commencing with 36Section 16700) of Part 2 of Division 7 of the Business and 37Professions Code), the Unfair Practices Act (Chapter 4 38(commencing with Section 17000) of Part 2 of Division 7 of the 39Business and Professions Code), or the Unfair Competition Law 40(Chapter 5 (commencing with Section 17200) of Part 2 of Division P15 17 of the Business and Professions Code), with regard to actions 2that are taken in accordance with the plan or this article. 3 SEC. 5. No reimbursement is required by this act pursuant to 4Section 6 of Article XIII B of the California Constitution because 5the only costs that may be incurred by a local agency or school 6district will be incurred because this act creates a new crime or 7infraction, eliminates a crime or infraction, or changes the penalty 8for a crime or infraction, within the meaning of Section 17556 of 9the Government Code, or changes the definition of a crime within 10the meaning of Section 6 of Article XIII B of the California 11Constitution. P PPP P P 23