AGENDA REPORT
City Council
MEETING
DATE:
August 26, 2026
PREPARED
BY:
Phillip Horn, Management
Analyst
DEPARTMENT
DIRECTOR:
Sylvester Mabry Jr.
DEPARTMENT: Public Works CITY
MANAGER:
Jennifer Campbell
SUBJECT:
Agreement with Neema General Contracting for Restoration and Repairs of the Encinitas Library Trellis
RECOMMENDED ACTION:
1. Authorize the City Manager, or her designee, in consultation with the City Attorney, to execute the Encinitas Library Trellis Restoration and Repairs Agreement in substantial form as contained in Attachment 1 between the City of Encinitas and Neema General Contracting for an initial not-to-exceed contract amount of $146,611 with a 15% contingency of $21,992, for a total agreement amount not-to-exceed $168,603 (Attachment 1).
2. Adopt Resolution No. 2026-66 titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2026-27 Budget” (Attachment 2) to appropriate $68,603 to the Library Trellis Project (CF26C).
ENVIRONMENTAL CONSIDERATIONS:
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. This action is also exempt from CEQA under Section 15378(b)(5) of the CEQA Guidelines because it involves an organizational or administrative activity of the government that will not result in the direct or indirect physical change in the environment.
This item does not relate to the Climate Action Plan.
GENERAL PLAN/CITY COUNCIL FOCUS AREAS:
This item aligns with the focus area of the FY 2026-27 City Council Work Plan that will provide effective and reliable City services, infrastructure, and communications 2026-08-26 Item #10G Page 1 of 31
FISCAL CONSIDERATIONS:
Fiscal Year 2026-27 costs for the Library Trellis Restoration Project (CF26C) are estimated to be $168,603, which includes $146,611 for the bid and $21,992 for an additional 15 percent contingency to cover any unforeseen issues with the restoration and repairs. The Library Trellis Project (CF26C) has an approved budget of $100,000. Staff requests an additional $68,603 is transferred within the Facilities Improvement Fund (403), to fund $46,611 needed for the bid and $21,992 for contingencies. Because the work will be completed during Fiscal Year 2026-27, staff recommends transferring available budget funds from the Library Roof Replacement Project (CF27L)—which received $574,000 from the General Fund in the FY 2026-27 capital budget—to cover the required structural evaluation in FY 2026-27 and to partially fund construction, which is not expected to begin until FY 2027-28.
BACKGROUND:
The Encinitas Library, situated at 540 Cornish Dr., features an outdoor trellis structure that has been subjected to the environmental conditions characteristic of an oceanfront setting, including frequent exposure to high humidity, salt spray, and temperature fluctuations. These factors have contributed to the progressive deterioration of wood materials over time. Despite ongoing maintenance efforts such as periodic painting and minor repairs, the cumulative effects of moisture intrusion, wood rot, and general wear have compromised the structural integrity of certain sections of the trellis. This deterioration raised concerns regarding the safety and structural integrity of the trellis framing.
The scope of this project includes the removal and replacement of severely compromised wood framing to restore structural integrity, targeted restoration of areas affected by wood rot to prevent further decay, and a thorough repainting of the entire trellis to protect against environmental damage. This approach aims to ensure the safety, durability, and visual appeal of the trellis, thereby maintaining its role as an attractive and functional feature of the library for years to come.
ANALYSIS:
On May 21, 2026, Public Works staff issued a Request for Bids (RFB) PW-RFB-26-01 for Encinitas Library Trellis Repair Services through local publication and posted on PlanetBids to provide a comprehensive wood repair and re-painting service focused on the exterior wood trellis structure on the western side of the Encinitas Library patio. Utilizing the RFB process for this service is consistent with the City’s purchasing policy.
Information provided from PlanetBids shows 14 prospective bidders received the May 21, 2026, RFB (PW-RFB-26-01), and on June 26, 2026, three (3) proposals from general construction companies were received, shown in the table below.
2026-08-26 Item #10G Page 2 of 31
PW-RFB-26-01 PROPOSALS
Company Name: Bid Total
Neema General Contracting $146,611
GQ Builders, Inc. $207,314
Fenton Construction Inc. $256,259
Public Works staff evaluated three (3) complete and responsive proposals and unanimously selected the proposal from Neema General Contracting. Staff find Neema’s bid to be the best value based on the level of expertise and knowledge provided, their experience with similar projects, timeline for delivery, and the quality of workmanship they proposed.
Restoration of the trellis will help preserve its visual integrity and prevent further surface deterioration by adding a protective coating that shields the wood from moisture, UV rays, and pests, reducing the risk of rot, rust, or decay, maintaining its historical and aesthetic value over time. Additionally, repairs to the trellis structure will reinforce its stability, preventing potential collapse or further decay. These interventions will extend the overall lifecycle of both the framework and the structure by addressing existing damages, reducing the risk of future deterioration, and enhancing their resilience to environmental factors. Proper restoration and repair also help maintain safety, reduce long-term maintenance costs, and ensure the longevity of these features for community enjoyment.
The agreement term is for four months. If approved, the new contract would begin in August 2026.
ATTACHMENT(S):
1. Encinitas Library Trellis Restoration and Repairs CUPCCAA Contract Draft
2. Resolution 2026-66, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2026-27 Budget”
2026-08-26 Item #10G Page 3 of 31
Public Project CUPCCAA – 10/9/2023- ELC
CONTRACT
Encinitas Library Trellis Restoration and Repair Services CITY PROJECT NO. N/A
CIP No. CF26C
THIS CONTRACT, made and entered into [______________], by and between the City of Encinitas, a municipal corporation, hereinafter referred to as "CITY," and Neema General Contracting, hereinafter referred to as "CONTRACTOR."
WITNESSETH:
1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit:
Included N/A Quote
Included N/A Performance Bond
Included N/A Labor and Materials Bond
Included N/A Scope of Work or Plans and Technical Specifications for Library Trellis Project CF26C
Included N/A Insurance Forms
Included N/A
This Contract, and all modifications and amendments
thereto, and the latest version of the Standard
Specifications for Public Works construction, Parts 1
through 6.
2026-08-26 Item #10G Page 4 of 31
Public Project CUPCCAA – 10/9/2023- ELC
The Plans consist of: See Appendix A.
Copies of the Standard Specifications for Public Works Construction are available from the publisher:
Building News, Inc. (BNi)
990 Park Center Drive, Suite E
Vista, CA 92081
(760) 734-1113
www.bnibooks.com
The aforementioned Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the Plans and Technical Specifications of this Contract.
In case of conflict between the Standard Specifications for Public Works Construction and the remaining Contract Documents, the remaining Contract Documents shall take precedence over and be used in lieu of such conflicting portions.
Where the Plans or Technical Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used.
Unless otherwise specified, CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract.
The Contract Documents are complementary, and what is called for by any one document shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract.
2. SCOPE OF WORK. CONTRACTOR shall perform the work shown in the Scope of Work or Plans and Technical Specifications attached hereto as Appendix A and incorporated by reference; shall furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the completion of the following project:
Encinitas Library Trellis Restoration and Repair Services CITY PROJECT NO. N/A
CIP No. CF26C
All of said work to be performed and materials to be furnished shall be in strict accordance with the Scope of Work or Technical Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY.
To the extent the provisions of Appendix A are ambiguous in relation to the provisions of this Contract, inconsistent with the provisions of this Contract, or expand upon the provisions of this Contract, the provisions of this Contract shall take precedence and the provisions of Appendix A shall not apply.
3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. 2026-08-26 Item #10G Page 5 of 31
Public Project CUPCCAA – 10/9/2023- ELC
4. CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to receive and accept the prices set forth in the Quote attached hereto as Appendix B and incorporated by reference as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
CONTRACTOR agrees to complete the work on the Encinitas Library Trellis Restoration and Repair Services Contract in a period not to exceed One-Hundred Twenty (120) working days per Section 6-7 of the Standard Specifications for Public Works Construction, commencing upon the date stated in the Notice to Proceed by CITY. Construction shall not commence until CITY has approved bonds and insurance.
5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager or his designee is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed fifteen (15) percent of this Contract amount and the City Manager or his designee shall notify City Council in a public meeting if changes or additions to the work exceed ten (10) percent of this Contract amount.
6. PAYMENTS/ACCEPTANCE OF WORK. The text of Subsection 9-3.2 of the Standard Specifications for Public Works Construction is hereby deleted and replaced with the following:
The closure date for the purpose of making partial progress payments will be the last day of each month. CONTRACTOR shall prepare the approximate measurement of the work performed through the closure date and submit it to CITY for approval by the tenth (10th) day of the following month. Payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. A full five percent (5%) retention will be deducted from all progress payments. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work.
Upon completion of the work, CONTRACTOR shall so notify Engineer, in writing, submit satisfactory evidence of payment for equipment, materials and labor, submit "CONTRACTOR'S AFFIDAVIT." Upon receipt of the notification, Engineer shall promptly, by personal inspection, determine the actual status of the work in accordance with the terms of the Contract. If he finds materials, equipment, or workmanship that do not meet the terms of the Contract, he shall prepare a preliminary punch list of such items and submit it to CONTRACTOR. Final determination of acceptability shall be made by CITY. Upon acceptance of the work, CITY shall file a Notice of Completion.
The conditions of the guarantee shall commence on the date that CITY files a Notice of Completion. CITY shall make final payment to CONTRACTOR in the manner provided by law following the expiration of thirty-five (35) days after filing the Notice of Completion.
2026-08-26 Item #10G Page 6 of 31
Public Project CUPCCAA – 10/9/2023- ELC
The final payment shall include the entire sum found to be due hereunder after deducting all previous payments and such other lawful amounts as the terms of this Contract describe.
7. LIQUIDATED DAMAGES; EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of ________ dollars ($______) per day for each calendar day completion is delayed beyond the time allowed pursuant to paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR.
CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of CONTRACTOR, including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay.
8. WAIVER OF CLAIMS. Unless a shorter time is specified elsewhere in this Contract, on or before making final request for payment under paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation under or arising out of this Contract; the acceptance by CONTRACTOR of the final payment shall constitute a waiver of all claims against CITY under or arising out of this Contract except those previously made in writing and request for payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment.
9. PREVAILING WAGES AND PAYROLL RECORDS.
A. Prevailing Wages and Enforcement Compliance.
a. This is a prevailing wage contract and prevailing wage rates for this locality and project as determined by the Director of Industrial Relations apply, pursuant to Labor Code Section 1770, et seq. For the services to be performed, CONTRACTOR shall pay wages to CONTRACTOR’s employees according to the current “General Prevailing Wage Rates” issued by the Director of the Department of Industrial Relations of the State of California and pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1771, 1773, 1773.1. A copy of the prevailing wage rates shall be posted on the job site by CONTRACTOR. A schedule of prevailing wage rates is available for review at CITY’s offices or may be found on the internet at http://www.dir.ca.gov/Public-Works/PrevailingWage.html. CONTRACTOR is required to pay at least the wage rates set forth in that schedule. Certified Payroll records shall be maintained by CONTRACTOR and copies of the certified payroll shall be electronically sent to the DIR and be delivered to CITY at the end of each month during the entire duration of the project.
CONTRACTOR shall defend, indemnify and hold CITY, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. 2026-08-26 Item #10G Page 7 of 31
Public Project CUPCCAA – 10/9/2023- ELC
B. Payroll Records.
a. Consistent with Labor Code Section 1776, CONTRACTOR and each subcontractor shall maintain accurate weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work. CONTRACTOR shall certify under penalty of perjury that records maintained and submitted by CONTRACTOR are true and accurate. CONTRACTOR shall also require subcontractors to certify weekly payroll records under penalty of perjury.
b. The payroll records described herein shall be certified and submitted by CONTRACTOR at a time designated by CITY. CONTRACTOR shall also provide the following:
i. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
ii. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the Department of Industrial Relations (“DIR”).
The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.
Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of CONTRACTOR or any subcontractor shall not be marked or obliterated.
c. Pursuant to Labor Code Section 1775, CONTRACTOR and any subcontractor under the Contract shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the DIR for the work or craft in which the worker is employed for any public work done under the Contract by CONTRACTOR or, except as provided by statute, by any subcontract under the Contract. Upon the request of the DIR, such penalties shall be withheld from Contract payments.
10. EMPLOYMENT OF APPRENTICES. CONTRACTOR’s attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by CONTRACTOR or any subcontractor. CONTRACTOR shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of 2026-08-26 Item #10G Page 8 of 31
Public Project CUPCCAA – 10/9/2023- ELC
Industrial Relations, the Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
11. INSURANCE. CONTRACTOR shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the project by CONTRACTOR, its agents, representatives, employees, or subcontractors. The cost of such insurance shall be borne by CONTRACTOR and, where applicable, included in CONTRACTOR’s Quote.
A. Liability Insurance. Before the Contract is executed on behalf of CITY, a bidder to whom the Contract has been awarded shall furnish to CITY original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Contract as listed below. All certificates and endorsements are to be received and approved by CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive CONTRACTOR’s obligation to provide them. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
1. Commercial General Liability Insurance: CONTRACTOR shall obtain and for the full term of this Contract maintain in full force and effect, comprehensive general liability and property damage insurance, or commercial general liability insurance, from an insurance company approved by CITY having a Best Rating of A-: VII or better and licensed and authorized by the Insurance Commissioner of the State of California Department of Insurance to be transacting business in the State of California, in the following minimum limits:
a. General liability (Including operations, products and completed operations)
Combined Single Limit Per Occurrence $2,000,000.00
General Aggregate $5,000,000.00
b. Automobile Liability
Combined Single Limit Per Occurrence
(For bodily injury and property damage) $1,000,000.00
Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve CONTRACTOR from liability in excess of such coverage, nor shall it limit CONTRACTOR’s indemnification obligations to CITY, and shall not preclude CITY from taking such other actions available to CITY under other provisions of this Contract, Contract Documents or law.
CONTRACTOR shall make certain that any and all subcontractors hired by CONTRACTOR are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, 2026-08-26 Item #10G Page 9 of 31
Public Project CUPCCAA – 10/9/2023- ELC
CONTRACTOR shall indemnify and hold CITY harmless from any damage, loss, cost, or expense, including attorney’s fees, incurred by CITY as a result thereof.
All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract and Contract Documents.
CONTRACTOR may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in this Contract.
2. Worker’s Compensation Insurance: CONTRACTOR shall provide, during the life of this Contract, workers’ compensation insurance for all of the employees engaged in work under this Contract, on or at any work site, and, in case of any sublet work, CONTRACTOR shall require each subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by state law. CONTRACTOR shall assume the immediate defense of and indemnify and save harmless CITY and its officers, employees, agents, and consultants from all claims, loss, damage, injury, and liability of every kind, nature, and description brought by any person employed or used by CONTRACTOR, or any subcontractors, to perform the scope of work under this Contract regardless of responsibility or negligence.
3. Automobile Liability Insurance: Such insurance shall provide coverage for bodily injury and property damage including coverage for non-owned and hired vehicles, in a form and with insurance companies acceptable to CITY.
Employer’s Liability Insurance: CONTRACTOR shall provide during the life of this Contract, Employer’s Liability Insurance, including Occupational Disease, in the amount of, at least, one million dollars ($1,000,000.00) per person per accident. CONTRACTOR shall provide CITY with a certificate of Employer’s Liability Insurance.
4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be “pay on behalf”, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to CITY for injury to employees of CONTRACTOR, subcontractors or others involved in the work.
The scope of coverage provided is subject to approval of CITY following receipt of proof of insurance as required herein.
B. Form, Proof of Insurance. Any insurance carrier providing insurance coverage required by the Contract and Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by CITY’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A-: VII or better unless otherwise approved by the City’s Risk Manager.
Insurance deductibles or self-insured retentions must be declared by 2026-08-26 Item #10G Page 10 of 31
Public Project CUPCCAA – 10/9/2023- ELC
CONTRACTOR, and such deductibles and retentions shall have the prior written consent from CITY. At the election of CITY, CONTRACTOR shall reduce or eliminate such deductibles or self-insured retentions.
C. Additional Insured Requirement. CITY, its officers, elected officials, employees, contractors, construction managers, architect and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of CONTRACTOR; and with respect to liability arising out of the work or operations performed by or on behalf of CONTRACTOR including, but not limited to, materials, parts or equipment furnished in connection with such work or operations. General liability coverage shall be provided in the form of an endorsement to CONTRACTOR’s insurance, and CITY, its officers, agents, and employees shall be named as additional named insureds on CONTRACTOR’s policies, evidenced by an additional insured endorsement, using form ISO CG 20- 10-10-01 and GC 20-37-10-01 or the exact equivalent.
D. Other Insurance Requirements. CONTRACTOR shall cause its insurance carrier(s) to furnish CITY with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by CITY’s Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect, CITY, its officials and officers, employees, agents or representatives are named as Additional Insureds, and Provide a Waiver of Subrogation in favor of those parties.
Further, said Certificates(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to CITY prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, CITY may terminate or Stop Work pursuant to this Contract and Contract Documents, unless CITY receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages set forth herein and the insurance required herein is in full force and effect.
CONTRACTOR shall not take possession of any work site or commence its scope of work under this Contract until CITY has been furnished original Certificate(s) of Insurance and certified original copies of Endorsements or policies of insurance including all Endorsements and any and all other attachments as required in this Contract. The original Endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.
It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary, and CITY’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.
CITY reserves the right to adjust the monetary limits of insurance coverages during the term of this Contract including any extension thereof, if in CITY’s reasonable judgment, the amount or type of insurance carried by CONTRACTOR becomes 2026-08-26 Item #10G Page 11 of 31
Public Project CUPCCAA – 10/9/2023- ELC
inadequate. CONTRACTOR shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Contract.
E. Subcontractors. CONTRACTOR shall include all subcontractors or shall furnish separate endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the requirements stated herein.
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEMNIFICATION. To the greatest extent allowed by law, CONTRACTOR shall defend and indemnify and hold CITY, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, negligence (including the active or passive negligence of CITY as allowed by law), causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions, negligence or willful misconduct of CONTRACTOR, its officials, officers, employees, agents, consultants, subcontractors and contractors arising out of or in connection with the performance of the scope of work or this Contract, including without limitation the payment of all damages and attorney’s fees, fines, penalties and other related costs and expenses. The only limitations on this provision shall be those imposed by Civil Code Section 2782 or other applicable provisions of law.
CONTRACTOR’s defense obligation (with counsel approved by CITY), shall arise immediately upon CITY’s tender, at CONTRACTOR’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against CITY, its officials, officers, agents, employees and representatives, notwithstanding whether liability is or can be established against CITY.
CONTRACTOR shall pay and satisfy any judgment, award or decree that may be rendered against CITY, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. CONTRACTOR shall reimburse CITY, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782 or other applicable provisions of law.
CONTRACTOR’s defense and indemnity obligations herein include, but are not limited to, damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans With Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from CONTRACTOR’s work during the scope of work or after the project is complete, as the result of defects or negligence in CONTRACTOR’s services.
CONTRACTOR’s obligation herein includes, but is not limited to, alleged defects in the services performed; alleged defects in the materials or services furnished under this Contract; alleged injury to persons or property; alleged inverse condemnation of property as a consequence of the performance of the work or the improvement; any regulatory violations (including but not limited to Stormwater Pollution Control BMP/Erosion Control and regulatory requirements); and any accident, loss or damage to CITY property or third party liability prior to the acceptance of same by CITY. 2026-08-26 Item #10G Page 12 of 31
Public Project CUPCCAA – 10/9/2023- ELC
By inspecting, approving or accepting the services performed by CONTRACTOR, CITY shall not have waived the protections afforded herein to CITY and CITY’s officers, elected officials, appointed officials, volunteers, employees and agents or diminished the obligation of CONTRACTOR who shall remain obligated in the same degree to indemnify and hold CITY and CITY’s officers, elected officials, appointed officials, volunteers, employees and agents, harmless as provided above.
14. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by CITY for purposes of letting this Contract will be accepted as an excuse for any failure or omission on the part of CONTRACTOR to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
15. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto.
16. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any CITY officer or employee, or any architect, engineer, or other preparer of the Plans and Technical Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by CITY within one (1) year of the date of this Contract.
17. CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE. After completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provisions of the laws of the State of California. The Contractor’s Affidavit and Final Release shall be in substantially the form provided in Appendix C herein.
18. SIGNATURE OF CONTRACTOR.
Corporations:
The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed.
Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk's office.
Partnerships:
2026-08-26 Item #10G Page 13 of 31
Public Project CUPCCAA – 10/9/2023- ELC
Names of all persons comprising the partnership or co-partnership must be stated. Bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging signer to be a general partner is presented to the City Clerk, in which case the general partner may sign.
Joint Ventures:
Bids submitted as joint ventures must so state and be signed by each joint venturer.
Individuals:
Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of attorney is on file in the City Clerk's office, in which case said person may sign for the individual.
The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature.
19. SUBSTITUTED SECURITY. In accordance with Section 22300 of the Public Contracts Code, CONTRACTOR may substitute securities for any monies withheld by CITY to ensure performance under the Contract. The type of securities deposited and the method of release shall be approved by the City Attorney's office.
20. RESOLUTION OF DISPUTES.
A. If a dispute should arise regarding the performance of this Contract, the following initial dispute resolution procedures shall be used:
a. Within twenty (20) CITY working days after a dispute regarding the performance of this Contract arises, it shall be reduced to writing at staff level by the complaining party setting forth the nature of the dispute in detail, along with all pertinent back-up documentation in support. The writing shall be delivered to the receiving party by first class mail or personal delivery directly to the party’s project manager, along with recommended methods of resolution.
b. The party receiving the letter shall reply to the letter with a detailed response, along with a recommended method of resolution, if any, within ten (10) CITY working days of receipt of the letter.
B. If the dispute is not resolved at staff level in accordance with subsection 20(A) above, within five (5) CITY working days of the receiving party response (or longer if agreed between the parties), the aggrieved party, through its respective project manager shall deliver to the City Manager’s office a letter outlining the dispute for the City Manager’s review. The receiving party may submit further response, if required, to the City Manager within five (5) CITY working days thereafter. The City Manager, at his/her sole discretion may respond as he/she deems appropriate, including recommendations for resolution, discussion or rejection of the dispute within fifteen (15) working days of receipt of the complaint. 2026-08-26 Item #10G Page 14 of 31
Public Project CUPCCAA – 10/9/2023- ELC
C. If the dispute remains unresolved, the parties may then seek remedies available to them under this Contract and at law, including, but not limited to, under the termination procedures. This provision does not relieve CONTRACTOR of its obligation and CONTRACTOR is required to timely comply with all applicable provisions of the Government Claims Act before initiating any legal proceeding against CITY.
21. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY.
22. CONTRACTOR’S BOOKS AND RECORDS/AUDIT RIGHT.
A. CONTRACTOR shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, plans, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONTRACTOR.
B. CONTRACTOR shall maintain all documents and records which demonstrate performance under this Contract for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Contract.
C. Any records or documents required to be maintained pursuant to this Contract shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Council, City Auditor, City Manager, or a designated representative of any of these officers.
Copies of such documents shall be provided to CITY for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available for review and copying at CONTRACTOR’s address indicated for receipt of notices in this Contract.
D. CITY may, by written request by any of the above-named officers, require that custody of the records be given to CITY and that the records and documents be maintained in the City Manager’s office. Access to such records and documents shall be granted to any party authorized by CONTRACTOR’s representatives, or CONTRACTOR’s successor-in-interest
23. UTILITY LOCATION. CITY acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.
24. REGIONAL NOTIFICATION CENTERS. CONTRACTOR agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2.
25. TRENCH PROTECTION AND EXCAVATION. CONTRACTOR shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705.
26. HAZARDOUS CONDITIONS
2026-08-26 Item #10G Page 15 of 31
Public Project CUPCCAA – 10/9/2023- ELC
A. CONTRACTOR shall, without disturbing the condition, notify CITY, in writing, as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
1. The presence of any material that CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or
3. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
B. Pending a determination by CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.
C. CITY shall promptly investigate the reported conditions. If CITY, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in CONTRACTOR's cost of, or time required for, performance of any part of the work, then CITY shall issue a change order.
D. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in CONTRACTOR's cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. CONTRACTOR shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.
27. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of CONTRACTOR and any of its suppliers.
28. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap.
29. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California.
30. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage 2026-08-26 Item #10G Page 16 of 31
Public Project CUPCCAA – 10/9/2023- ELC
prepaid, directed to the address of CONTRACTOR as set forth in the Contract Documents, and to CITY addressed as follows:
Matt Mackinen
Facilities Manager
City of Encinitas
160 Calle Magdalena
Encinitas, CA 92024
31. The CONTRACTOR's license required in the performance of this Contract is Class B.
32. CONTRACTOR shall obtain and pay for all licenses required by CITY.
33. CONTRACTOR's activities shall be confined to the hours between 5:00 a.m. and 10:00 p.m., Monday through Friday, excluding CITY-designated holidays. Deviation from these hours will not be permitted without the prior consent of Engineer, except in emergencies involving immediate hazard to persons or property.
In the event of either a requested or emergency deviation, inspection service fees will be charged against CONTRACTOR. The service fees will be calculated at overtime rates, including benefits, overhead, and travel time. The service fees will be deducted from any amounts due CONTRACTOR.
34. GUARANTY
All work shall be guaranteed for a period of one (1) year from the date of acceptance by CITY. CONTRACTOR shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment.
CITY is hereby authorized to make such repairs if within ten (10) days after giving written notice to CONTRACTOR, or its agent, CONTRACTOR should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of CITY, delay would cause serious loss or damage, repairs may be made without notice being sent to CONTRACTOR, and CONTRACTOR shall pay the costs thereof.
35. CONTRACT BONDS
A. General. Before execution of the Contract by CITY, CONTRACTOR shall file with the City Engineer surety bonds satisfactory to CITY in the amounts and for the purposes noted below. Bonds shall be duly executed and notarized by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
CONTRACTOR shall pay all bond premiums, costs, and incidentals.
B. Payment Bond. The Payment Bond (material and labor) shall be for not less than one hundred percent (100%) of the Contract price to satisfy claims of material suppliers and of mechanics and laborers employed by CONTRACTOR on the work. The bond shall be maintained by CONTRACTOR in full force and 2026-08-26 Item #10G Page 17 of 31
Public Project CUPCCAA – 10/9/2023- ELC
effect until the completed work is accepted by CITY and until all claims for materials and labor are paid.
C. Faithful Performance Bond. The Faithful Performance Bond shall be for one hundred percent (100%) of the Contract price to guaranty faithful performance of all work, within the time prescribed in a manner satisfactory to CITY, and that all materials and workmanship will be free from original or developed defects.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written.
DATED:__________________ NEEMA GENERAL CONTRACTING:
By:____________________________________________
_______________________________________________
Bashar Ameen
_______________________________________________
President
_______________________________________________
Phone Number
DATED:__________________ CITY OF ENCINITAS
By:_____________________________________________
Jennifer Campbell, City Manager
APPROVED AS TO FORM:
___________________________
Ajit Thind, City Attorney
ATTEST:
___________________________
Peter Weichers, City Clerk
2026-08-26 Item #10G Page 18 of 31
Public Project CUPCCAA – 10/9/2023- ELC
APPENDIX A
SCOPE OF WORK / PLANS & TECHNICAL SPECIFICATIONS
Encinitas Library Trellis Restoration and Repair Services CITY PROJECT NO. N/A
CIP No. CF26C
Exhibit 1 Legend
1. Red Highlighted Joists:
a. These joists and blocking shall be entirely removed and replaced with new pieces.
2. Blue Highlighted Joists:
a. These joists and blocking will require wood repair as described herein prior to painting.
3. Green Highlighted Joists:
a. These joists and blocking are noted to be in acceptable condition as-is and shall be prepped and painted as described herein.
4. Yellow Beams:
a. These beams are noted to have areas of significant wood rot and damage.
These pieces will require wood repair as described herein prior to painting.
Project Scope Summary
A. Repair of all rotted and damaged wood beams, joists, and blocking with a wood repair and filler system (as specified).
B. Removal and replacement of eight (8) 14”x3”x26’ trellis joists with new, matching wood, where noted.
a. Additionally, forty (40) pieces of 14”x2” solid blocking between joists shall also be removed and replaced where noted in Exhibit 1. All lumber dimensions are to be field verified.
C. Partial removal and replacement of one (1) joist between column lines B and C, with approximately 2/3 of the joist removed and the remaining southern 1/3 left in place. Splice new joist to existing with (2) 12”x2”x14’ sister joists thoroughly attached with glue and screws.
2026-08-26 Item #10G Page 19 of 31
Public Project CUPCCAA – 10/9/2023- ELC
D. Surface preparation and cleaning of all existing surfaces prior to new painting.
E. Treatment of existing wood with borate/glycol based antifungal product to kill fungus spores.
F. Filling areas of removed wood with epoxy wood filler.
G. Injecting liquid epoxy resin into beam cracks and voids.
H. Complete surface preparation, cleaning, priming, and painting of all wood and repaired surfaces.
I. Portions of existing gutters will need to be loosened or removed to facilitate completion of new work. Fasteners will need to be removed to allow beam and joist caps to be installed. After repair and painting work, reinstall gutters and lights, re-attach and re-seal all gutter seams and around fasteners.
J. Remove five (5) existing light fixtures. Fill and repair mounting holes. Install five (5) new lights and associated conduits, wiring, and electrical boxes as described in “Electrical and Lighting” section.
K. Remove five (5) gutter sections at column lines B, C, D, E, and F. These are downspout branches off the main box gutters. Repair rust damaged sections, replace and re-seal. Upon completion of wood repair and painting, reinstall five (5) gutters and fabricate fastening straps (approx. 1.5”x12”) from Kynar coated, 24 ga.
Galvanized steel that are secured with two (2) stainless steel pop rivets into the sides of the gutter. Secure the lower end of the fastening strap to the sides of the joist or beam with two (2) #10 x 1” stainless steel screws. Re-seal all gutter joints, seams, and holes with Geocel 2300 or 2320 tripolymer sealant. a. Do not install new fasteners through bottom of gutter and into beams or gutters. Do not create new holes in gutters, joists, and beams.
L. Install Kynar coated, 24 ga. Galvanized steel caps on the top of all joists, blocking, and beams in this project.
M. Clean and remove all moss growth and loose debris within the entire length of the existing box gutter system between column lines G to B.
Preparation of Surfaces:
A. All previously painted surfaces shall be cleaned with “Simple Green” and water, scraped and scuff sanded to remove all loose, peeling paint, or other surface imperfections. All surfaces receiving new paint shall be clean, dry (15% max.), and free of all dirt, grease, mold, mildew, and foreign substances. 2026-08-26 Item #10G Page 20 of 31
Public Project CUPCCAA – 10/9/2023- ELC
B. All areas of damaged and previously repaired wood/filler shall have all rot damaged wood, existing filler material, and old paint removed to the maximum extent possible by cutting, grinding, chipping, sanding, etc. to reach a solid/sound wood surface prior to the application of new wood filler. All removed materials and dust shall be immediately bagged and disposed of daily.
Antifungal Borate/Glycol Treatment:
A. Product shall be applied to all exterior wood surfaces in the project area. Apply with particular attention to areas with existing wood rot. Product shall be “BoraCare” (40% Disodium Octaborate Tetrahydrate). Product shall be mixed and applied using a pump sprayer, brush, or roller per manufacturer’s recommendations. Borate treated areas shall be allowed to dry thoroughly (15% max.) before application of filler or paint.
Wood Filler:
A. After removal of rot and weather damaged wood and the anti-fungal treatment, all areas of rot, termite, and weather damaged wood shall be repaired and filled to match existing surface profiles and contours.
B. Temporary wood forms, covered with wax paper and tape will be required in some areas of extensive removal of damaged wood to restore existing surfaces, edges, and corners.
a. In areas where deep repairs (greater than 1”) are required, shaped filler blocks carved from new wood shall be pre-epoxied in place to fill larger voids prior to using wood filler epoxy in next step.
b. As a primer to wood filling process, treat the bare wood areas with an epoxy wood hardener “Abatron” LiquidWood to re-harden all remaining wood. The product shall be applied to all bare wood and damaged areas by brushing, pouring, or injecting directly onto dry, bare wood per manufacturer instructions.
C. After priming with the wood hardener, all damaged areas shall be filled to restore original surface profile and contours with “Abatron” WoodEpox per manufacturer instructions.
Painting:
A. It is the intention of these specifications that all existing painted wood surfaces on the patio that are currently Sherwin Williams “Chamois” color shall be repainted per these specifications. This includes all surfaces within the project area on beams, joists, blocking, and underside of tongue and groove soffits. All materials 2026-08-26 Item #10G Page 21 of 31
Public Project CUPCCAA – 10/9/2023- ELC
shall be applied at the manufacturer’s recommended mil thickness per coat and application instructions.
B. Paint color shall be matched to the existing paint color and sheen. All paint shall be delivered to the job pre-mixed and shall not be thinned on the job.
C. Paint and primer shall be “Sherwin Williams” and approved by the City of Encinitas representative prior to application. Application as follows:
a. Primer: Sherwin Williams, “Exterior Latex Wood Primer” with two coats to all areas of bare wood, filler material, and new repair areas. Existing painted surfaces in sound condition (identified in green in Exhibit 1) do not need to be primed prior to painting.
b. Paint: Sherwin Williams, “Duration”, satin finish, with two coats to all areas.
D. Caulking and Sealants. Sherwin-Williams “Powerhouse” siliconized acrylic latex sealant. Apply according to the manufacturer’s recommendations. The Contractor shall seal all perimeter joints around painted areas where dissimilar materials meet, and/or other areas where water intrusion may result. Caulk all joints where blocking meets joists and around all metal framing brackets. Tool after application to match the surrounding surfaces.
E. All paint and primer shall be applied by brush or roller except where other applications are permitted in writing by the City of Encinitas.
F. All previously painted wood surfaces shall be repainted. All articles affixed to buildings, such as hardware and light fixtures removed by contractor, shall be replaced after completing painting of that area. All existing and new conduits shall be prepped, primed, and painted to match existing.
G. Existing metal framing brackets shall be primed and painted to match existing.
Metal columns will not be painted and should be masked and protected.
H. No exterior painting should be done immediately after rain, during damp or foggy conditions, when rain is predicted, or when the temperature is below 50°F. No painting should be done within 2 hours prior to sunset.
I. Site clean-up shall be performed upon completion of work for each day. All clean up performed shall make sure the property is fully clean and safe before work is complete. All ladders down and stacked, tools and equipment stored properly each evening in an acceptable safe location determined by the City of Encinitas representative.
Lumber:
2026-08-26 Item #10G Page 22 of 31
Public Project CUPCCAA – 10/9/2023- ELC
A. All lumber for new joists, blocking, and filler pieces shall be Western Red Cedar #2 and better, Select Structural grade, surfaced on four sides. Finished size and surface texture to match existing.
Metal Beam, Joist, and Blocking Caps:
A. After wood repair and painting is complete, install 24 ga. galvanized steel caps on top of all joists, blocking, and beams in this project. Caps shall be as long as possible with minimal joints. Overlap all joints. Caps shall be formed to fit tight over surfaces, with 1.5” turned down legs, plus a 0.50” folded hem at the bottom. Beam caps shall be sized to fit snug over metal framing brackets.
B. All caps shall be primed and finished with Kynar 500, PVDF resin, with the finish containing a minimum of 70% by weight of PVDF resin, factory coated per manufacture guidelines. Color shall be a standard manufacturer color. Provide color samples to City representative for color selection.
C. Touch up all nicks and scratches after installation with Kynar 500 Air Dry supplied by the manufacturer.
Electrical and Lighting:
A. Remove five (5) existing light fixtures and portions of the existing conduit as needed.
B. Provide and install five (5) new fixtures “Keystone”, KT-CYLED10PS-3A-WDIOSG-8CSB-VDIM-B. Black matt finish, wall mount cylinder, adjustable power and color select. The fixtures will be mounted to new watertight exterior surface mounted boxes located on the side of the joists in the approximate position as the existing lights (exact locations to be determined by the City representatives).
Provide a submittal cut sheet to City representative for approval prior to purchase.
C. To facilitate installation of the new fixtures it will be necessary to modify the existing conduit at each light to conform to the new mounting box locations. Install additional weatherproof junction boxes, wiring, and conduits where needed.
Hardware:
A. Where bolts are removed to install new wood joists, the bolts shall be replaced with new bolts and nuts during installation. Wood to metal bracket hardware shall be 307A PX to match existing. Prep, prime and paint all new hardware to match existing. Framing nails for wood blocking shall be ring shank, hot dip galvanized.
Supplementary Comments:
A. Work hours will be from 7:00 a.m. to 4:00 p.m.
2026-08-26 Item #10G Page 23 of 31
Public Project CUPCCAA – 10/9/2023- ELC
B. The Encinitas Library will remain open during the project duration. Please maintain appropriate considerations for noise, loud voices, etc.
C. The City will provide access to electrical power and water during the performance of the work.
D. All parts and materials shall be provided by the Contractor. The City does not provide any parts or materials required to complete the project.
E. All work shall be under warranty for two (2) years against blistering and peeling, or loss of adhesion to existing surfaces.
2026-08-26 Item #10G Page 24 of 31
Public Project CUPCCAA – 10/9/2023- ELC
Exhibit 1
2026-08-26 Item #10G Page 25 of 31
Public Project CUPCCAA – 10/9/2023- ELC
APPENDIX B
QUOTE
Quote total $146,610.41
2026-08-26 Item #10G Page 26 of 31
Public Project CUPCCAA – 10/9/2023- ELC
APPENDIX C
CONTRACTOR’S AFFIDAVIT AND FINAL RELEASE
2026-08-26 Item #10G Page 27 of 31
Public Project CUPCCAA – 10/9/2023- ELC
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
This is to certify that
NEEMA GENERAL CONTRACTING.
(hereinafter the "undersigned") declares to the City of Encinitas, hereinafter referred to as "City," under oath, that it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the undersigned or by any of the undersigned's agents, employees, or subcontractors used or in contribution to the execution of its contract with City with regard to the building, erection, construction, or repair of that certain work of improvement known as CITY PROJECT NO. N/A (CIP No. CF26C), situated in the City of Encinitas, State of California, more particularly described as follows:
Encinitas Library Trellis Restoration and Repair Services The undersigned declares that it knows of no unpaid debts or claims arising out of said Contract that would constitute grounds for any third party to claim a stop notice of any unpaid sums owing to the undersigned.
Further, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned does hereby fully release and acquit City and all agents and employees of City, and each of them, from any and all claims, debts, demands, or causes of action that exist or might exist in favor of the undersigned by reason of the Contract executed between the undersigned and City or that relate in any way to the work performed by the undersigned with regard to the above-referenced construction project.
Further, the undersigned expressly acknowledges its awareness of, and waives the benefits of, Section 1542 of the Civil Code of the State of California which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." This release is intended to be a full and general release of any and all claims that the undersigned now has or may, in the future, have against City and/or its agents and employees with regard to any matter arising from the construction of the above-referenced project or the Contract between City and the undersigned with respect thereto, whether such claims are now known or unknown or are suspected or unsuspected.
NEEMA GENERAL CONTRACTING.
Dated:_______________________ By: ______________________________________ Signature
______________________________________
Bashar Ameen, President
2026-08-26 Item #10G Page 28 of 31
RESOLUTION 2026-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, AMENDING THE FISCAL YEAR 2026-27 BUDGET
WHEREAS, on June 17, 2026, the City Council of the City of Encinitas adopted Resolution Number 2026-048 adopting the budget for Fiscal Year 2026-27; and WHEREAS, a review has determined that changes in anticipated revenues and/or expenditures of the City of Encinitas necessitates amendments to the appropriations for Fiscal Year 2026-27; and
WHEREAS, budgeted expenditures do not exceed anticipated revenue and available fund balance; and
WHEREAS, the City Council has reviewed the proposed Fiscal Year 2026-27 budget amendments.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Encinitas, California, that the budget amendments for Fiscal Year 2026-27 as contained in Exhibit A to this resolution are hereby adopted.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The action is also exempt from CEQA under Section 15378(b)(5) of the CEQA Guidelines because it involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
PASSED, APPROVED AND ADOPTED this 26th day of August, 2026 by the City Council of the City of Encinitas, State of California.
______________________________
Bruce Ehlers, Mayor
ATTEST:
______________________________
Pete Weichers, City Clerk
APPROVED AS TO FORM:
_____________________________
Ajit Thind, City Attorney
2026-08-26 Item #10G Page 29 of 31
CERTIFICATION: I, Pete Weichers, City Clerk of the City of Encinitas, California, do hereby certify under penalty of perjury that the foregoing Resolution was duly adopted at a regular meeting of the City Council on the 26th day of August, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Pete Weichers, City Clerk
2026-08-26 Item #10G Page 30 of 31
Exhibit A
Resolution 2026-66
Proposed Budget Increase or (Decrease)
# Fund-Name Org Obj Comments Revenue Expenditures Transfer In Transfer Out A. Staff Recommendation: Transfer budget to Fund Library Trellis (CF26C)
1. 403-FACILITIES CAP MAINT 40395101 540 CF27L:CF26C Library Trellis (68,603.00)
2. 403-FACILITIES CAP MAINT 40395101 540 CF27L:CF26C Library Trellis 68,603.00 Total - - - -
2026-08-26 Item #10G Page 31 of 31