National City City Council
November 19, 2024

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CMA, CITY waives any rights of subrogation against MTS or any of their subsidiaries, and the policy form must permit and accept such waiver.
(e) For any claims arising out of or connected with this CMA, including but not limited to the maintenance of any improvement installed or FRANC shuttle services operated under this CMA, and any negligent acts or omissions on the part of the CITY, its Council, officers, agents, contractors, or employees, or the CITY’s operations or activities, CITY’s insurance shall be primary insurance to the MTS Indemnitees. Any insurance, self-insurance or other coverage maintained by the MTS Indemnitees shall not contribute to it. All policies and coverages shall contain a provision for ten (10) days’ written notice by the insurer(s) to the MTS Contracts Specialist of any cancellation of coverage. A ten-day notice is required for non-payment of premium.
(f) The CITY shall insure that every contractor or subcontractor retained to perform the construction or maintenance of the Project, who enters upon, uses, or performs any work upon the 8th Street Trolley Station by or on behalf of CITY shall provide to MTS evidence of insurance as follows:
(i) Commercial General Liability. At all times during this contract and, with respect to Products and Completed Operations Liability, for twelve (12) months following the acceptance of the work by MTS, Contractor agrees to maintain Commercial General Liability Insurance for bodily injury and property damage in an occurrence form and with insurance companies acceptable to MTS with minimum policy limits of $2 million (per occurrence) for any general contractor and $4 million (aggregate) for any subcontractors. Commercial General Liability Insurance must include coverage for the following:
 Premises/Operations Liability
 Aggregate Limits per Project
 Products/Completed Operations Liability
 No Explosion, Collapse, and Underground (XCU) exclusion  Contractual Liability, with respect to this agreement  Personal Injury Liability
 Broad Form Property Damage
 Independent Contractors
All such policies shall name in the endorsement San Diego Metropolitan Transit System, San Diego Trolley, Inc., San Diego Transit Corporation, San Diego and Arizona Eastern Railway, San Diego and Imperial Valley Railroad, United States of America, and their directors, officers, agents, and employees as additional insureds as their interests may appear. Except in the case of sole negligence active negligent acts or omissions or sole willful

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misconduct on the part of MTS, its Board, officers, agents, contractors, or employees, under or in connection with the Project or this CMA, all general liability coverages required under this Section 9(f) are primary and that any insurance of MTS, SDTI, SDTC, SD&AE, SD&IV, USA, and the CITY shall be excess and noncontributory (endorsement required).
(ii) Automobile Liability. At all times during this contract, Contractor agrees to maintain Automobile Liability Insurance for bodily injury and property damage including coverage for all owned, non-owned, and hired vehicles at a minimum policy limit of $2 million. All such policies shall name in the endorsement San Diego Metropolitan Transit System, San Diego Trolley, Inc., San Diego Transit Corporation, San Diego and Arizona Eastern Railway, San Diego and Imperial Valley Railroad, United States of America, and their directors, officers, agents, and employees as additional insureds as their interests may appear.
(iii) Workers' Compensation/Employer Liability. At all times during this contract, Contractor agrees to maintain Workers' Compensation and Employers' Liability Insurance in compliance with the applicable statutory requirements at a minimum policy limit of $1 million. Except in the case of sole negligence active negligent acts or omissions or sole willful misconduct on the part of MTS, its Board, officers, agents, contractors, or employees, under or in connection with the Project or this CMA, Contractor waives any rights of subrogation against MTS, SDTI, SDTC, SD&AE, SD&IV, USA, and CITY and the policy form must permit and accept such waiver.
(iv) Notice. All policies and coverages shall contain a provision for ten (10) days’ written notice by the insurer(s) to MTS Contracts Specialist of any cancellation of coverage. A ten-day notice is required for non-payment of premium.
(g) Not less than once every five (5) years, MTS shall have the right to revise the insurance requirements set forth above in order to keep the limits consistent with MTS’s standard requirements at the time.

10. Co-operation in Defense of Claims. The Parties agree to co-operate in good faith to seek a prompt disposition, by way of dismissal or summary judgment, of any claim or litigation alleging liability of any party to this CMA, based on the construction, maintenance or operation of the Project.

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11. Default; Termination.
(a) In the event that CITY fails to perform any obligation under this CMA, CITY shall pay all costs and expenses incurred by MTS in obtaining performance of such obligations, including costs of suit and reasonable attorney’s fees. If CITY uses the 8th Street Trolley Station for any purpose not expressly authorized by this CMA or fails to act strictly in accordance with the terms and conditions of this CMA, and if such default is not corrected within thirty (30) days’ notice from MTS to CITY, MTS may prevent CITY from entering the 8th Street Trolley Station until the default is corrected. If MTS determines that any default by CITY does or has the potential to cause a danger to the 8th Street Trolley Station, transit or railroad operations, and CITY fails or refuses to timely correct the default, MTS may perform such work as is reasonable and necessary to remedy the danger, and CITY shall reimburse MTS for all costs and damages so incurred for correcting the default. If CITY fails or refuses to correct any default after such notice, or refuses to timely reimburse MTS for the work required to remedy the danger, MTS may, upon thirty (30) days’ additional notice and in addition to any other remedy provided by law, terminate this CMA and prevent CITY from entering the 8th Street Trolley Station thereafter.

Except in the case of negligent acts or omissions or willful misconduct on the part of MTS, its Board, officers, agents, contractors, or employees, under or in connection with the Project or this CMA, MTS shall not be required to perform work or repair to keep the 8th Street Trolley Station in working condition for the benefit of CITY.
(b) In the event MTS fails to perform any of its obligations under this CMA, CITY shall give MTS written notice of the nature of the default and the steps required to remedy the default. If the default is not cured within thirty (30) days of the delivery of CITY’s notice, CITY may proceed to enforce its rights and protect its interests under this CMA. MTS shall pay all costs and expenses incurred by CITY in obtaining performance of the obligations, and protecting CITY’s interests hereunder, including costs of suit and reasonable attorney’s fees. In no case will any enforcement action modify the ownership or operation of the 8th Street Trolley Station.
(c) This CMA may be terminated at any time by CITY upon one hundred twenty (120) days’ notice in writing to be served upon MTS, stating therein the date that such termination shall take place, and that upon the termination of this CMA in this or any other manner herein provided, CITY, upon demand of MTS, shall abandon the 8th Street Trolley Station and the use of the Project. No termination hereof shall release CITY from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions, or events happening prior to the date the Project is abandoned.
(d) Termination of this CMA shall not release any party from any liability or obligation hereunder resulting from an event which occurred before termination. (e) In the event this CMA terminates, then the CITY shall remove all CITY installed improvements related to the Project and restore the Property to its original condition, and MTS shall have the right to record a “Notice of Extinguishment of Access Rights” or any other document necessary to permanently terminate the access rights granted pursuant to Section 1. Under no circumstances shall MTS be required to defer to a proceeding by CITY, or any other

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jurisdiction, before it is entitled to enforce its rights to deny access to MTS’s 8th Street Trolley Station or otherwise terminate the access rights.

12. Notices. All notices to be given under this CMA shall be in writing and either:
(a) Sent by a nationally recognized overnight courier, in which case notice shall be deemed delivered upon actual receipt or one (1) business day after deposit with this courier, whichever occurs first; or
(b) Sent by email or similar means, if a copy of the notice is also sent by United States Mail, in which case notice shall be deemed delivered on transmittal by telecopy provided that a transmission report is generated reflecting the accurate transmission of the notice, as follows:

San Diego Metropolitan Transit System
1255 Imperial Avenue, Suite 1000
San Diego, CA 92101
Attn: Manager of Real Estate Assets
Tel: 619-595-4903
Email: [email protected]
City of National City
1243 National City Boulevard
National City, CA 91950
Attn: Stephen Manganiello, T.E., Director of Public Works/City Engineer Tel: (619) 336-4380
Email: [email protected]
These addresses may be changed by written notice to the other Parties provided that no notice of a change of address shall be effective until actual receipt by the Parties of the notice.

Copies of notices, if any are so indicated, are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice.

13. Waiver. Any party’s failure to enforce or exercise its rights with respect to any provision hereof shall not be construed as a waiver of such rights or of such provision.

14. Laws, Venue, and Attorneys’ Fees. This CMA shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this CMA, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any claim, legal action or proceeding between the parties arising under or concerning this CMA, the prevailing party(ies) shall be entitled to reasonable attorneys’ fees and expenses as part of the judgment resulting there from.

15. Dispute Resolution.
(a) The Parties agree that they shall first meet, through their senior staff representatives, to attempt to informally resolve any dispute that arises under this CMA.

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(b) If the informal efforts are unsuccessful, then the Parties agree to participate in mediation. Within five (5) business days of the request of any party, the parties shall mutually agree on the person or alternative dispute resolution agency to conduct the mediation. If the Parties are unable to agree on the person or alternative dispute resolution agency to conduct the mediation, the initiating party may arrange for the office of the American Arbitration Association in downtown San Diego, California, to perform the mediation. The initiating party shall then schedule the mediation so that it is conducted within five (5) business days of the mediator's appointment. The costs of the mediation and fees of the mediator, if any, shall be shared equally by the Parties.
(c) Any dispute not resolved through the mediation required by Paragraph (b) of this Section, may proceed to litigation unless the Parties agree in writing to submit the dispute to binding arbitration.

IN WITNESS WHEREOF, the parties hereto have caused this CMA to be executed by and through their respective officers duly authorized on the date written below their signatures.

SAN DIEGO METROPOLITAN TRANSIT
SYSTEM
By ___________
Sharon Cooney, CEO

CITY OF NATIONAL CITY
By:

Ron Morrison, Mayor
APPROVED AS TO FORM:

By:_ ____
Karen Landers, General Counsel
APPROVED AS TO FORM:

By:_________________________________
Barry J. Schultz, City Attorney

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List of Exhibits
A. CITY’S 8TH STREET MOBILITY HUB CONSTRUCTION PLAN SHEET LC-1.0 B. Site Area for FRANC Shuttle Enclosed Storage and Charging Facility C. Rendering for FRANC Shuttle Enclosed Storage and Charging Facility D. USA Easement
E. USA Approval of 8th Street Mobility Hub use
F. Sample MTS ROE Permit

MTS Doc. No. S200-25-868

EXHIBIT A
CITY’S 8TH STREET MOBILITY HUB CONSTRUCTION PLAN SHEET LC-1.0

MTS Doc. No. S200-25-868

EXHIBIT B
Site Area for FRANC Shuttle Enclosed Storage and Charging Facility

MTS Doc. No. S200-25-868

EXHIBIT C
Rendering for FRANC Shuttle Enclosed Storage and Charging Facility

MTS Doc. No. S200-25-868

EXHIBIT D
USA Easement

MTS Doc. No. S200-25-868

EXHIBIT E
USA Approval of 8th Street Mobility Hub use

MTS Doc. No. S200-25-868

EXHIBIT F
Sample MTS ROE Permit

MTS SAMPLE ROE PERMIT – 8

TH STREET TROLLEY STATION FRANC SHUTTLE
MTS Doc. No.

SAN DIEGO METROPOLITAN TRANSIT SYSTEM

RIGHT OF ENTRY PERMIT

1. Permission is hereby granted by the San Diego Metropolitan Transit System (MTS), to [PERMITTEE NAME] (hereinafter called “Permittee”) to enter upon MTS property (as shown on the project site plans attached hereto and made a part thereof) for the purposes of [INSERT SCOPE], more particularly described in Exhibit A.

This permission is granted with the understanding that the Permittee agrees to release MTS, and San Diego Trolley, Inc. (SDTI), San Diego & Arizona Eastern Railway (SD&AE), San Diego and Imperial Valley (SD&IV) Railroad, the United States of America (USA), and San Diego Transit Corporation (SDTC) from any liability arising out of Permittee's operations under this agreement. Furthermore, Permittee agrees to assume responsibility for any damages caused by reason of Permittee’s operations under this agreement and will, at MTS's option, either repair or pay for such damage.

2. Prior to beginning work, Permittee shall have provided MTS with satisfactory certification by a properly qualified representative of the insurer(s) that the Permittee’s insurance complies with this section.

Permittee shall include the MTS Document number and/or brief description of project including type of construction and location on all insurance-related correspondence, i.e., the insurance certificate itself.

All policies required shall be issued by companies who are licensed to do business in the State of California and hold a current policyholder's alphabetic and financial-size category rating of not less than A-VI, in accordance with A.M. Best.

MTS reserves the right to stop Permittee work in the event of material noncompliance with the insurance requirements outlined in this Section. MTS utilizes the services of a third party insurance monitoring company. Upon request, Permittee agrees to submit any required insurance policies to the third party monitoring company of MTS choosing.

A. COVERAGE REQUIRED - ALL PERMITS
(1) Liability
(a) Commercial General Liability. At all times during this contract and, with respect to Products and Completed Operations Liability, for 12 months following the acceptance of the work by MTS, Permittee agrees to maintain Commercial General Liability Insurance for bodily injury and property damage in an occurrence form and with insurance companies acceptable to MTS. Commercial General Liability Insurance must include coverage for the following:
• Premises/Operations Liability
• Per Project Aggregate
• Products/Completed Operations Liability

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• No Explosion, Collapse, and Underground (XCU) exclusion • Contractual Liability, with respect to this agreement • Personal Injury Liability
• Broad Form Property Damage
• Independent Contractors
All such policies shall name in the endorsement as additional insureds the following entities including their directors, officers, agents, and employees as their interests may appear:
• San Diego Metropolitan Transit System (MTS)
• San Diego Trolley, Inc. (SDTI),
• San Diego and Arizona Eastern Railway (SD&AE),
• San Diego and Imperial Valley Railroad (SD&IV),
• The United States of America (USA) and
• San Diego Transit Corporation (SDTC)
(b) Automobile Liability. At all times during this contract, Permittee agrees to maintain Automobile Liability Insurance for bodily injury and property damage including coverage for all owned, nonowned, and hired vehicles. (c) Workers' Compensation/Employer Liability. At all times during this contract, Permittee agrees to maintain Workers' Compensation and Employers' Liability Insurance in compliance with the applicable statutory requirements.

B. ADDITIONAL COVERAGES REQUIRED (AS INDICATED)
 (1) Railroad Protective or Equivalent

REQUIRED
Any exclusions relating to performance of operations within the vicinity of any railroad, bridge, trestle, track, roadbed, tunnel, underpass, or crossing must be deleted from insurance policies by endorsement. Purchase separate Railroad Protective Liability Policy as deemed necessary by MTS.  (2) Pollution Liability

REQUIRED
At all times during this contract, and for 24 months following, Permittee agrees to maintain Pollution Legal Liability Insurance with respect to services or operations under this agreement. The extended discovery period must be no less than 24 months.
 (3) Professional Liability

REQUIRED
At all times during this contract, and for 24 months following, Permittee agrees to maintain Professional Legal Liability Insurance with respect to services or operations under this agreement. The extended discovery period must be no less than 24 months.
 (4) Primary and Non-Contributory Insurance

REQUIRED

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Permittee agrees that all general liability coverages required under this insurance section are PRIMARY insurance and that any insurance of MTS, SDTI, SD&AE, SD&IV, USA, and SDTC shall be excess and noncontributory (endorsement required).

C. MINIMUM POLICY LIMITS REQUIRED
Combined Single
Limit (CSL)
Commercial General Liability (Per Occurrence) $2,000,000 General Aggregate $4,000,000
Automobile Liability $2,000,000
Worker’s Compensation Employer's Liability $1,000,000
Additional Coverages (as indicated under Section B, Additional Coverages Required):
 B (1) Railroad Protective $3,000,000 Per Occurrence/$6,000,000 Aggregate  B (2) Pollution Liability $1,000,000 Per Occurrence/$2,000,000 Aggregate  B (3) Professional Liability $1,000,000 Per Occurrence/$2,000,000 Aggregate D. POLICY PROVISION REQUIRED
All policies and coverages shall contain a provision for 30 days’ written notice by the Insurer(s) to MTS Contracts Specialist of any cancellation or material reduction of coverage. A ten-day notice is required for non-payment of premium.

E. SPECIAL PROVISIONS
The foregoing requirements as to the types and limits of insurance coverage to be maintained by Permittee, and any approval of said insurance by MTS, SDTI, SD&AE, SD&IV, USA and SDTC, or their insurance Contractor(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Permittee pursuant to this agreement, including but not limited to the provisions concerning indemnification.

3. Permittee shall at all times, defend, indemnify, and save harmless MTS against, and pay in full, all loss, damage, or expense, including attorney's fees, that MTS may sustain, incur, or become liable for, resulting in any manner from Permittee’s construction, maintenance, use, state of repair, or presence of Permittee’s facilities and all necessary and proper fixtures and equipment for use in connection therewith, including any such loss, damage, or expense arising out of (a) loss of or damage to property and (b) injury to or death of persons, excepting any loss, damage, or expense and claims for loss, damage, or expense resulting from the negligence or willful act of MTS, its contractors, officers, agents, or employees.

4. The following condition(s) apply to all work:

A.  Permittee agrees to coordinate on a daily basis a reasonable access to all MTS/SD&AE facilities with contract operator SDTI. Trolley operations are generally from the hours of 4:00 a.m. to 2:00 a.m. the following day.

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B.  Permittee agrees to restore all facilities, improvements, landscaping, etc., to their original condition by the completion of work.

C.  Permittee agrees that no work by itself or its authorized agent will interfere with Railroad/Trolley and Bus operations.

D.  Permittee shall deposit with MTS the sum of XXX ($X,XXX.XX) representing the total non-refundable permit fee in connection with the work. The total includes a seven hundred fifty dollars ($750.00) application fee and ($) for estimated costs incurred per Section 4.J, excluding the costs for flagging, traction power removal, project consultant engineering oversight, plan review, inspection, and safety training.

E.  Permittee shall notify and submit work plan in writing to MTS Right of Way Engineer at email: [email protected] Tel. (619) 557-4520 for review and at least thirty (30) business days prior to the date to start work to arrange preconstruction meeting, review work plan, procedures and possible facility conflicts in the vicinity of the proposed work. No work shall begin without holding the preconstruction meeting and approved work plan. Permittee shall provide written notice within 24 hours after completion of work.

F.  Permittee shall obtain approval from MTS/SDTI upon completion of work that all facilities have been restored to original or better condition. Permittee shall submit in writing a notice of completion of work per Section 4.E when work is completed in the right-of-way.

G.  Permittee shall maintain, at Permittee's expense, competent flagmen to protect and control movement of vehicles, public and equipment of Permittee while upon MTS's premises. Work that involves personnel or equipment within fifteen (15) feet of any active track, or as deemed necessary by SDTI Operations, must have an SDTI-supplied rail flagperson for the duration of the work. A Flagperson/Right-of-Way Work Request form must be submitted to SDTI a minimum of three (3) business days prior to the beginning of work and will be billed directly to the Permittee by SDTI and is not included in the fee per Section 4.D.

H.  Permittee shall not store equipment, tools, and materials within fifty (50) feet from any operable track. No vehicular crossing over MTS's tracks shall be installed or used by Permittee without prior written permission of MTS.

I.  Permittee shall remove all of Permittee's tools, equipment, and materials from MTS premises promptly upon completion of work, restoring MTS premises to the same state and condition as when Permittee entered thereon.

J.  Permittee shall reimburse MTS for all cost and expenses incurred by MTS in connection with the work, plan review and approval, and permit processing including without limitation the expense of project consultant oversight, furnishing such inspectors, watchmen, flagmen and as MTS deems necessary, and restoration of MTS's property to the same condition as when Permittee entered thereon, or a condition satisfactory to MTS's representative.

MTS Rail Safety Training will be billed directly to the Permittee by MTS and is not included in the fee per Section 4.D.

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K.  Permittee shall perform all work in accordance with applicable California Public Utilities Commission, OSHA regulations, MTS LRT and American Railway Engineering and Maintenance Association (AREMA) Design Criteria, MTS/SDTI rail operation procedures and safety policies.

Reflective orange safety vest and hard hat shall be worn at all times within the right-of-way.

L.  A power shutdown may be necessary for the work. Permittee shall submit the attached Red Tag/Traction Power Removal Request form to SDTI at least three (3) business days prior to the start of work. Power shutdowns shall only be allowed during non-operating Trolley hours and will be billed directly to the Permittee by SDTI and is not included in the fee per Section 4.D.

M.  Permittee shall maintain safe pedestrian access to all trolley platforms and bus stops at all times. A minimum five-foot-wide accessible pedestrian path through the construction site shall be maintained at all times. The construction boundary shall consist of, OSHA plastic mesh, or approved equal. Yellow caution tape is not acceptable.

N.  Permittee shall provide MTS upon request with a set of as-built plans signed by a licensed engineer in the State of California and various project files submitted in electronic pdf file format within thirty (30) days of work acceptance by MTS.

O.  Permittee shall maintain a copy of the executed right of entry permit at the site during this work.

P.  Permittee shall contact and schedule at Permittee’s expense Dig-Alert at Tel. (800) 422-4133 and Cable Pipe and Leak (“CPL”) at Tel. (619) 873-1530 prior to any excavation in the Right of Way. Permittee shall notify MTS Right of Way Engineer and submit rail flagging request form three (3) business days prior to coordinate SDTI utility markout request. SDTI personnel shall accompany CPL for any markout of Trolley facilities.

Q.  Permittee shall comply with the following special conditions:

5. This permission is non-transferable and shall remain in force until MONTH DAY, XXXX.

MTS reserves the right to modify, suspend and/or terminate this permission at any time.

SAN DIEGO METROPOLITAN TRANSIT
SYSTEM

PERMITTEE NAME

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________________________Date _________
Sharon Cooney
Chief Executive Officer
_______________________ Date ________
Name:
_________________________________
Title:
__________________________________
Permittee Name
Permittee Address
Attention: Permittee POC
Attachments: Work Plan, Plans
Application:

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Exhibit A

RESOLUTION NO. 2024 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,

AUTHORIZING THE MAYOR TO EXECUTE A CONSTRUCTION AND MAINTENANCE

AGREEMENT WITH SAN DIEGO METROPOLITAN TRANSIT SYSTEM FOR USE OF A PORTION OF THE 8TH STREET TRANSIT CENTER LOT FOR CONSTRUCTION AND

OPERATIONS RELATED TO THE FREE RIDE AROUND NATIONAL CITY NEIGHBORHOOD ELECTRIC VEHICLE SHUTTLE PROGRAM.

WHEREAS, the Clean Mobility Options (“CMO”) Voucher Pilot Program is an initiative of the California Air Resources Board funded by the California Climate Investment Program; and WHEREAS, on August 3, 2021, the City Council adopted Resolution No. 2021-104 authorizing the participation in the CMO Voucher Pilot Program from the California Air Resources Board for the Free Ride Around National City Neighborhood Electric Vehicle Shuttle Program (the “FRANC”); and
WHEREAS, on December 6, 2022, the City Council adopted Resolution No. 2022-196 appropriating $999,996 from the CMO Voucher Pilot Program for the FRANC; and WHEREAS, the FRANC is intended to provide first and last mile connections for the 8 th
Street trolley station, as well as connections to other origins and destinations in downtown and westside National City; and
WHEREAS, on June 20, 2023, the City Council adopted Resolution No. 2023-83 awarding an agreement with Circuit Transit, Inc. to provide the FRANC, as well as Resolution No. 2023-89 authorizing an appropriation in the amount of $400,000 for funding from the San Diego Unified Port District for the FRANC program; and
WHEREAS, in late 2023, the City of National City submitted a grant request for a mobility hub and program at the 8th Street trolley station and was notified in the spring of 2024 of the intent to award; and
WHEREAS, the 8th St. Mobility Hub for the FRANC NEV Shuttle Project, CIP No. 22-25 (the “Project”), is for the construction of a storage facility to securely store and charge the FRANC shuttles, consisting of a fenced-in area and electric vehicle chargers powered by solar panels, which will be constructed at the 8th Street Transit Center parking lot; and WHEREAS, on March 19, 2024, the City Council adopted Resolution 2024-16 authorizing the execution of a Railroad Right-of-Way License Agreement and a Right of Entry Permit (the “License Agreement”) with the Metropolitan Transit System (“MTS”) for use of a portion of the 8th Street Transit Center Lot for the Project; and
WHEREAS, subsequent to the City’s approval of the License Agreement, MTS determined that the License Agreement was the wrong agreement template and requested that the City instead execute a Construction and Maintenance Agreement (“CMA”), which would be inclusive of a license and access rights, and, therefore, the previously approved-License Agreement was not executed by the parties; and

WHEREAS, the CMA allows the license and access rights granted at no cost to the City and is for an indefinite term, with specified termination rights for both parties; and WHEREAS, City staff recommends executing the CMA with MTS for use of a portion of the 8th Street Transit Center Lot to allow for construction of the Project and operation of the FRANC.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby authorizes the Mayor to execute the Construction and Maintenance Agreement with San Diego Metropolitan Transit System for use of a portion of the 8th Street Transit Center Lot for construction and operations related to the Free Ride Around National City Neighborhood Electric Vehicle Shuttle Program. The Construction and Maintenance Agreement is attached to the Agenda Report as Exhibit A.

Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 19th day of November 2024.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Authorizing the Purchase of an Aerial Boom Truck for the Public Works Parks Division RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.110(B) Regarding Exceptions to Formal Competitive Bidding and Authorizing the Purchase of a 2025 Freightliner Forestry Aerial Boom Truck from Commerce Truck Equipment Sales, LLC in a Notto-Exceed Amount of $254,795.06 for the Public Works Parks Division; 2) Authorizing the Establishment of an Appropriation in the Amount of $254,796 in the Vehicle Acquisition Fund; and 3) Authorizing the City Manager to Approve Adjustments of Up to $25,479 to the Not-to-Exceed Amount for the Purchase as a 10% Contingency for Unforeseen Fluctuations in Pricing.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The current Aerial Boom Truck used by City Public Works Parks Division to provide tree trimming services for the community has exceeded its useful life and has required significant maintenance, resulting in extended periods of inoperability and delays to service. On February 21, 2023, the City Council approved Resolution 2023-15, authorizing budget appropriations for the purchase of one (1) Aerial Boom Truck from PB Loader for Public Works Parks Division in a not-to-exceed amount of $382,000. Due to unforeseen issues with the ordering and acquisition process, the Boom Truck order was never fulfilled. Staff has contacted additional vendors for quotes and availability. In most instances, lead times have been excessive (one-to-two years or greater).

Recently, staff was able to locate a viable vendor for the Aerial Boom Truck, a 2025 Freightliner Forestry Truck, from sole source vendor Commerce Truck Equipment Sales LLC for $254,795.06.

This new vehicle would provide an estimated savings of approximately $127,000 from the previously approved purchase.

National City Municipal Code (NCMC) Section 2.60.110(B) - Formal bidding procedure-- Generally, provides authority for the City Council to waive formal competitive bidding where, among other reasons, competitive bidding is or would be impractical or impossible or the circumstances are such that no obvious, ascertainable advantage to the City could result.

Due to challenges with availability and long lead times, and the immediate need to acquire a new Aerial Boom Truck to perform tree trimming services, staff is requesting authorization from the City Council to waive the formal bid process pursuant to NCMC Section 2.60.110(B), and purchase one (1) Aerial Boom Truck, a 2025 Freightliner Forestry Truck, for Public Works Parks Division from Commerce Truck Equipment Sales LLC in a not-to-exceed amount of $254,795.06.

Since the onset of the pandemic in 2020, vehicle acquisitions have become challenging. The climate in the automotive industry has changed from what we are used to. We are experiencing placing vehicle and equipment orders in advance through unpredictable and unreliable manufacturer order processes, price changes passed on to the consumer due to increasing costs and availability issues, and fluctuating ordered vehicle delivery dates. Vendor proposals include language as “Pricing Subject to Surcharges,” and “Prices Subject to Change.” Due to this trend, staff is requesting approval of an additional 10% contingency in order to allow flexibility in the need to acquire vehicles and equipment in the event that unforeseen pricing changes arise.

Staff recommends City Council adopt the Resolution as stated.

FINANCIAL STATEMENT:

Previously budgeted appropriations for the purchase of an aerial boom truck will be canceled and new appropriations for the currently proposed acquisition will be established in the Vehicle Acquisition Fund as follows:
644-10-31-31400-7511- $254,796 Automotive Equipment
644-10-31-31400-7511- $ 25,479 (Contingency)
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable
ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable
EXHIBITS:

A. Commerce Truck Equipment Sales LLC Quote
B. Resolution

SOLD TO:

SHIP TO:

National City
1243 National City Blvd.

National City, CA 91950 National City
1243 National City Blvd.

National City, CA 91950
PHONE: (619) 496-6118
EMAIL: [email protected]
CONTACT: Ruben Huerta
DATE 10/17/2024
INVOICE # 101724B
2025 Freightliner M2 4x2, 6.7L Cummins, 250HP, Allison 3500 A/T, A/C, P/S, C/C, 33,000GVW, Spring Suspension, Air Brakes, Terrex, XTPRO60/70 Forestry, 11’ long chip box, CA compliant Price $234,000.00
Quote
Item:

Serial Number/VIN
License #
25xtpro
$20,485.06
Mileage
Doc Fee $85.00
Smog Fee
Stock Number
DMV Lic.

Delivery
CA VEV Fee $195.00
FOB Norco
Sales Tax
NVHTP Fee $30.00
FET TAX $0.00
COUNTY: San Diego Tax Rate 8.750%
PO#
SELLER: COMMERCE TRUCK & EQUIPMENT SALES LLC
BY:

PAYMENT DUE IN FULL THREE DAYS AFTER INVOICE DATE
BUYER (print) FOR
(sign)
TOTAL PURCHASE PRICE $254,795.06
$254,795.06
(date)
*Purchaser will NOT be granted our used vehicle “30Day WARRANTY” unless purchaser signs Commerce Truck & Equip “Limited Warranty Contract”. Purchaser responsible for proper use and operation of this vehicle and/or equipment. IN-USE HEAVY-DUTY DIESEL-FUELED VEHICLES - An on-road heavy-duty diesel or alternative-diesel vehicle operated in California may be subject to the California Air Resources Board Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles. It therefore could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the CA Air Resources Board website at http://www.arb.ca.gov/dieseltruck.

DEPOSIT

TOTAL DUE
National City

EXHIBIT A

RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1)

WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.110(B) REGARDING EXCEPTIONS TO FORMAL COMPETITIVE BIDDING AND AUTHORIZING THE PURCHASE OF A 2025 FREIGHTLINER FORESTRY AERIAL

BOOM TRUCK FROM COMMERCE TRUCK EQUIPMENT SALES LLC IN A NOT-TO-EXCEED AMOUNT OF $254,795.06 FOR THE PUBLIC WORKS PARKS DIVISION; 2) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION OF $254,796 IN THE VEHICLE ACQUISITION FUND; AND 3) AUTHORIZING THE CITY MANAGER TO APPROVE ADJUSTMENTS OF UP TO $25,479 TO THE NOT-TO-EXCEED AMOUNT FOR THE PURCHASE AS A 10% CONTINGENCY FOR UNFORSEEN FLUCTUATIONS IN PRICING.

WHEREAS, the Public Works Parks Division utilizes an aerial boom truck to provide tree trimming services for the community, which has exceeded its useful life and has required significant maintenance, resulting in extended periods of inoperability and delays to service; and WHEREAS, on February 21, 2023, the City Council approved Resolution 2023-15 authorizing budget appropriations for the purchase of an aerial boom truck from PB Loader in a not-to-exceed amount of $382,000 for the Public Works Parks Division but, due to unforeseen issues with the ordering and acquisition process, the boom truck order was never fulfilled; and WHEREAS, in the interim, staff has contacted additional vendors for quotes and availability, but has faced significant challenges with long lead times; and WHEREAS, staff was recently able to locate a viable vendor for the aerial boom truck, a 2025 Freightliner Forestry Truck, from Commerce Truck Equipment Sales LLC for $254,795.06, which would provide an estimated savings of approximately $127,000 from the previouslyapproved purchase; and WHEREAS, Section 2.60.110(B) of the National City Municipal Code provides that the City Council may waive formal competitive bidding requirements when, among other reasons, competitive bidding is or would be impractical or impossible or the circumstances are such that no obvious, ascertainable advantage to the City could result, and such a determination has been made in this case, therefore, it is recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and WHEREAS, National City’s Purchasing staff has confirmed that, due to challenges with availability and long lead times, coupled with the immediate need to acquire a new aerial boom truck to perform tree trimming services, competitive bidding would be impractical or impossible and there is no obvious, ascertainable advantage from such bidding given that, since the onset of the pandemic in 2020, vehicle acquisitions have become challenging, with examples including placing vehicle and equipment orders in advance through unpredictable and unreliable manufacturer order processes, price changes passed on to the consumer due to increasing costs and availability issues, and fluctuating ordered vehicle delivery dates; and WHEREAS, City staff recommends adoption of the resolution as stated.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby authorizes waiving the formal bid process pursuant to National City Municipal Code Section 2.60.110(B) regarding exceptions to formal competitive bidding and authorizing the purchase of a 2025 Freightliner Forestry aerial boom truck from Commerce Truck Equipment Sales LLC in a not-to-exceed amount of $254,795.06 for the Public Works Parks Division.

Section 2: That the City Council hereby authorizes the establishment of an appropriation in the amount of $254,796 in the Vehicle Acquisition Fund for the purchase.

Section 3: That the City Council hereby authorizes the City Manager to approve adjustments of up to $25,479 to the not-to-exceed amount for the purchase as a 10% contingency for unforeseen fluctuations in pricing.

Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 19th day of November, 2024.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Engineering & Public Works
Prepared by: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Awarding a Contract to AP General Corp for the Las Palmas Park Improvements Project, CIP No. 24-13.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Rejecting All Bids Received on September 13, 2024 for the Las Palmas Park Improvements Project, CIP No. 24-13; 2) Awarding a Contract to A.P. General Corporation in the Not-to-Exceed Amount of $3,189,002 for the Las Palmas Park Improvements Project, CIP No. 24-13; 3) Authorizing a 15% Contingency in the Amount of $478,350 for any Unforeseen Changes; 4) Authorizing the Mayor to Execute the Contract; and 5) Authorizing the Establishment of an Appropriation of $2,189,002 in the American Rescue Plan Act Fund for the Las Palmas Park Improvements Project.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The Las Palmas Park Improvements project, CIP No. 24-13 will replace the two existing park restrooms with new restrooms; construct a new patio area, ADA improvements and utility connections to support modular pool support buildings on the east side of Las Palmas Pool; install shade canopies around the kids pool; install new bleachers on the west side of the pool; and provide new fencing, landscaping and drainage improvements. A project location map and exhibits are provided in Exhibit A.

On August 20, 2024, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors, in accordance with the City’s Project Labor Agreement (PLA).

On September 13, 2024, four (4) bids were received by the 2:00 p.m. deadline. All bids received significantly exceeded the engineer’s estimate. Staff informed all bidders that the City was rejecting all submitted bids and would be exercising its reserved rights under the PLA to readvertise the project as a non-PLA project.

On September 20, 2024, staff re-advertised the project on PlanetBids, in addition to the local newspaper. On October 18, 2024, seven (7) bids were received by the 5:00 pm deadline and A.P. General Corporation was the apparent lowest bidder with a total bid amount of $4,949,869.15. Upon review of all documents submitted, A.P. General Corporation’s bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications.

Since the total bid exceeds the available budget for the project, staff is recommending awarding the base bid and all additive bids, except for the additive bid to construct the splash pad and associated improvements, which came in over $1.7 million.

Therefore, staff recommends awarding a contract to A.P. General Corporation in the not-toexceed amount of $3,189,002 and authorizing a 15% contingency in the amount of $478,350 to address any unforeseen conditions that may arise.

Attached are the bid opening summary sheet (Exhibit B) and a line item summary of the three lowest bidders (Exhibit C) for reference. Also attached is the Owner-Contractor Agreement (Exhibit D).

Construction is expected to begin in January 2025 and estimated to be completed by June 2025.

FINANCIAL STATEMENT:

Contract Award
$2,189,002 (new appropriation - ARPA Fund)
Expenditure Account No. 117-10-18-18500-7598-1171117 (Las Palmas Park Improvements) $1,000,000 (funds available through prior appropriations - State Grant) Expenditure Account No. 100-10-18-18500-7598-1172100 (Las Palmas Pool Facilities) 15% Contingency
$478,350 (funds available through prior appropriations - General Fund) Expenditure Account No. 100-10-18-18500-7598-1500100 (Facility Upgrades CIP) RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library
ENVIRONMENTAL REVIEW:

CEQA Notice of Exemption was filed with the County Recorder’s Office on October 24, 2024.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Project Exhibits
Exhibit B – Bid Opening Summary
Exhibit C – Summary of Bid Items
Exhibit D – Owner-Contractor Agreement
Exhibit E – Resolution

Exhibit A – Project Location Map and Exhibits

Pool Site Plan

New Park Restrooms

Exhibit B

BID OPENING SUMMARY
NAME: Las Palmas Park Improvements
CIP NO: 24-13
DATE: October 18, 2024
TIME: 5:00 P.M.

ESTIMATE: $3,700,000
PROJECT ENGINEER: Ricardo Rodriguez
NO. BIDDER’S NAME BID AMOUNT BID SECURITY
- BOND
1 AP General Corp
4412 Promesa Circle
San Diego, CA 92124
$4,949,869.15 Bond
2 Far West Contractors
1031 S Melrose Street
Placentia, CA 92870
$5,405,197.72 Bond
3 RAL Investment Corporation
10065 Old Grove Road, Suite 200
San Diego, CA 92131
$6,002,208.00 Bond
4 Aster Construction Services
1666 ½ MaCadden Place
Los Angeles, CA 90028
$6,022,751.90 Bond
5 De La Fuente Construction, Inc.
3025 Beyer Blvd. Suite E-101
San Diego, CA 92154
$6,226,675.33 Bond
6 HSCC, Inc.
12101 Lakeside Avenue
Lakeside, CA 92040
$7,129,434.30 Bond
7 Palm Engineering Construction Company
7330 Opportunity Road, Suite A
San Diego, CA 92111
$9,326,605.50 Bond

Exhibit C
Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Mobilization/Demobilization LS 1 $162,000.00 $162,000.00 $473,395.00 $473,395.00 $800,000.00 $800,000.00 2 Traffic Control LS 1 $10,500.00 $10,500.00 $4,678.00 $4,678.00 $19,344.00 $19,344.00 3 SWPPP, Water Quality Control LS 1 $13,650.00 $13,650.00 $18,000.00 $18,000.00 $19,344.00 $19,344.00 4 Surveying and Construction Staking LS 1 $15,225.00 $15,225.00 $12,060.00 $12,060.00 $15,553.00 $15,553.00 5 Clearing and Grubbing LS 1 $49,350.00 $49,350.00 $121,826.00 $121,826.00 $68,720.00 $68,720.00 6 Excavation and Grading LS 1 $21,833.00 $21,833.00 $20,794.00 $20,794.00 $52,058.00 $52,058.00 7 Utility Coordination LS 1 $2,100.00 $2,100.00 $37,200.00 $37,200.00 $645.00 $645.00 8 Protection and Restoration of Existing Improvements LS 1 $2,100.00 $2,100.00 $1,000.00 $1,000.00 $14,186.00 $14,186.00 9 Provide and Install 12" Precast Concrete Catch Basins EA 20 $903.00 $18,060.00 $570.00 $11,400.00 $1,612.00 $32,240.00 10 Provide and Install 12" Plastic Catch Basins EA 11 $619.00 $6,809.00 $586.00 $6,446.00 $322.00 $3,542.00 11 Provide and Install 4" PVC SDR-35 Storm Drain Pipe LF 570 $21.00 $11,970.00 $20.00 $11,400.00 $47.00 $26,790.00 12 Provide and Install 4" PVC SDR-35 Sewer Pipe LF 446 $27.30 $12,175.80 $71.00 $31,666.00 $57.00 $25,422.00 13 Construct 4" Sewer Cleanouts as per SDRSD SC-01 EA 4 $507.15 $2,028.60 $483.00 $1,932.00 $1,612.00 $6,448.00 14 Provide and Install 2" Water Meter EA 1 $13,335.00 $13,335.00 $12,700.00 $12,700.00 $16,378.00 $16,378.00 15 Provide and Install 3" Backflow Preventer EA 1 $9,040.00 $9,040.00 $5,610.00 $5,610.00 $10,962.00 $10,962.00 16 Provide and install 3" PVC Sch. 40 Water Pipe LF 238 $29.40 $6,997.20 $28.00 $6,664.00 $52.00 $12,376.00 17 Construct 2" Wide Trench Drain LF 105 $157.50 $16,537.50 $210.00 $22,050.00 $97.00 $10,185.00 18 Remove and Install 8' Height Pool Perimeter Fence Panels LS 1 $16,640.00 $16,640.00 $2,465.00 $2,465.00 $3,179.00 $3,179.00 19 Provide and Install New 8' Height Steel Fence Posts to Match Relocated 8' Height Fence Panels EA 26 $210.00 $5,460.00 $327.50 $8,515.00 $422.00 $10,972.00 20 Provide and Install Modular Wetlands LS 1 $178,500.00 $178,500.00 $167,292.00 $167,292.00 $193,440.00 $193,440.00 21 Construct CMU Stem Walls and Footings for Modular Building A LS 1 $31,500.00 $31,500.00 $25,000.00 $25,000.00 $73,218.00 $73,218.00 22 Construct CMU Stem Walls and Footings for Modular Building B LS 1 $31,500.00 $31,500.00 $25,000.00 $25,000.00 $73,218.00 $73,218.00 23 Construct CMU Stem Walls and Footings for Modular Building C LS 1 $31,500.00 $31,500.00 $25,000.00 $25,000.00 $73,238.00 $73,238.00 24 Construct CMU Stem Walls and Footings for Modular Building D LS 1 $31,500.00 $31,500.00 $25,000.00 $25,000.00 $73,218.00 $73,218.00 25 Construct 4" Uncolored Concrete Paving SF 424 $21.00 $8,904.00 $22.75 $9,646.00 $24.00 $10,176.00 26 Construct 6" Uncolored Concrete Paving SF 5480 $26.25 $143,850.00 $22.75 $124,670.00 $27.00 $147,960.00 27 Construct 6" Colored Concrete Paving SF 1451 $36.75 $53,324.25 $28.50 $41,353.50 $32.00 $46,432.00 28 Construct 6" PCC Curb as per SDRSD G-01 LF 201 $131.25 $26,381.25 $42.00 $8,442.00 $70.00 $14,070.00 29 Provide and Install Bicycle Rack EA 1 $2,625.00 $2,625.00 $2,000.00 $2,000.00 $1,934.00 $1,934.00 30 Provide and Install 5' Height Steel Fence LF 15 $298.62 $4,479.30 $185.00 $2,775.00 $239.00 $3,585.00 31 Provide and Install 5' Height Steel Double Gate EA 1 $5,488.00 $5,488.00 $6,560.00 $6,560.00 $8,460.00 $8,460.00 32 Provide and Install 5' Height Steel Single Gate EA 2 $8,027.00 $16,054.00 $3,232.50 $6,465.00 $4,169.00 $8,338.00 33 Provide and Install 8' Height Steel Fence LF 117 $147.00 $17,199.00 $140.00 $16,380.00 $195.00 $22,815.00 34 Provide and Install 8' Height Steel Single Gate EA 2 $10,825.00 $21,650.00 $10,310.00 $20,620.00 $13,296.00 $26,592.00 35 Provide and Install High/Low Drinking Fountain EA 1 $12,600.00 $12,600.00 $25,000.00 $25,000.00 $17,410.00 $17,410.00 36 Provide and Install Park Signage LS 1 $6,300.00 $6,300.00 $12,636.00 $12,636.00 $19,344.00 $19,344.00 37 Cold Mill Asphalt Pavement - 1.5" Depth SF 2700 $3.15 $8,505.00 $3.00 $8,100.00 $3.00 $8,100.00 38 Hot Mix Asphalt Concrete (AC) Pavement TON 25 $525.00 $13,125.00 $500.00 $12,500.00 $812.00 $20,300.00 39 Signing and Striping LS 1 $8,400.00 $8,400.00 $28,662.62 $28,662.62 $5,803.00 $5,803.00 40 Install Pedestrian Curb Ramps as per SDRSD EA 3 $7,875.00 $23,625.00 $4,180.00 $12,540.00 $60,162.00 $180,486.00 41 Provide and Install Site Electrical LS 1 $327,600.00 $327,600.00 $244,021.00 $244,021.00 $127,283.00 $127,283.00 42 Provide and Install Site Communications LS 1 $12,600.00 $12,600.00 $75,000.00 $75,000.00 $12,896.00 $12,896.00 43 Provide and Maintain Temporary Fencing LS 1 $5,250.00 $5,250.00 $5,000.00 $5,000.00 $19,344.00 $19,344.00 Subtotal $1,418,270.90 $1,739,464.12 $2,336,004.00
44 Provide and Install Shade Canopies at the Recreation Pool EA 4 $48,300.00 $193,200.00 $152,820.00 $611,280.00 $51,916.00 $207,664.00 Subtotal $193,200.00 $611,280.00 $207,664.00
45 Provide and Install ADA Bleachers EA 3 $47,250.00 $141,750.00 $75,000.00 $225,000.00 $20,612.00 $61,836.00 Subtotal $141,750.00 $225,000.00 $61,836.00
46 Mobilization/Demobilization LS 1 $69,934.00 $69,934.00 $10,000.00 $10,000.00 $20,614.00 $20,614.00 47 Provide and Maintain Temporary Fencing LS 1 $1,050.00 $1,050.00 $8,000.00 $8,000.00 $50,708.00 $50,708.00 48 SWPPP, Water Quality Control LS 1 $8,400.00 $8,400.00 $4,578.00 $4,578.00 $3,564.00 $3,564.00 AP General Corp Far West Contractors RAL Investment Corporation ,

SUMMARY OF BID ITEMS
NAME: Las Palmas Park Improvements
CIP NO: 24-13
DATE: October 18, 2024
TIME: 5:00 P.M.

ESTIMATE: $3,700,000
PROJECT ENGINEER: Ricardo Rodriguez

Exhibit C
49 Surveying and Construction Staking LS 1 $15,225.00 $15,225.00 $6,515.00 $6,515.00 $7,589.00 $7,589.00 50 Protection and Restoration of Existing Improvements LS 1 $2,100.00 $2,100.00 $1,000.00 $1,000.00 $1,165.00 $1,165.00 51 Clearing and Grubbing LS 1 $9,765.00 $9,765.00 $9,300.00 $9,300.00 $30,371.00 $30,371.00 52 Excavation and Grading LS 1 $27,940.00 $27,940.00 $26,610.00 $26,610.00 $35,235.00 $35,235.00 53 Construct Splash Pad LS 1 $748,650.00 $748,650.00 $779,437.00 $779,437.00 $1,010,047.00 $1,010,047.00 54 Install "Cool" Surfacing to Splash Pad Deck SF 1854 $26.25 $48,667.50 $3.00 $5,562.00 $8.00 $14,832.00 55 Construct Concrete Retaining Wall with Bench at Splash Pad LS 1 $115,500.00 $115,500.00 $175,000.00 $175,000.00 $33,898.00 $33,898.00 56 Construct CMU Wall and Footing for Splash Pad Mechanical LS 1 $84,000.00 $84,000.00 $25,000.00 $25,000.00 $121,893.00 $121,893.00 57 Provide and Install Shade Canopies at the Splash Pad EA 2 $48,300.00 $96,600.00 $35,399.50 $70,799.00 $45,854.00 $91,708.00 58 Construct CMU Stem Walls and Footings for Modular Building E LS 1 $31,500.00 $31,500.00 $21,000.00 $21,000.00 $71,957.00 $71,957.00 59 Provide and Install 4" PVC SDR-35 Storm Drain Pipe LF 512 $22.05 $11,289.60 $21.00 $10,752.00 $29.00 $14,848.00 60 Provide and Install 4" PVC SDR-35 Sewer Pipe LF 25 $31.50 $787.50 $24.00 $600.00 $58.00 $1,450.00 61 Construct 4" Sewer Cleanouts as per SDRSD SC-01 EA 2 $507.15 $1,014.30 $483.00 $966.00 $1,747.00 $3,494.00 62 Provide and install 2" PVC Sch. 40 Water Pipe LF 20 $25.20 $504.00 $24.00 $480.00 $58.00 $1,160.00 63 Provide and install 1" PVC Sch. 40 Water Pipe LF 48 $27.30 $1,310.40 $26.00 $1,248.00 $41.00 $1,968.00 64 Construct 2" Wide Trench Drain LF 197 $278.25 $54,815.25 $210.00 $41,370.00 $87.00 $17,139.00 65 Construct 6" Uncolored Concrete Paving SF 9970 $26.25 $261,712.50 $22.75 $226,817.50 $29.00 $289,130.00 66 Provide and Install 5' Height Steel Fence LF 80 $170.10 $13,608.00 $140.00 $11,200.00 $162.00 $12,960.00 67 Provide and Install 5' Height Steel Double Gate EA 1 $5,488.00 $5,488.00 $4,275.00 $4,275.00 $4,908.00 $4,908.00 68 Provide and Install 8' Height Steel Fence LF 261 $172.00 $44,892.00 $164.00 $42,804.00 $216.00 $56,376.00 69 Provide and Install 8' Height Steel Double Gate EA 1 $10,741.00 $10,741.00 $7,130.00 $7,130.00 $8,035.00 $8,035.00 70 Provide and Install 8' Height Steel Single Gate EA 4 $10,825.00 $43,300.00 $2,362.50 $9,450.00 $12,009.00 $48,036.00 71 Provide and Install 92" ADA Picnic Tables EA 4 $1,890.00 $7,560.00 $2,700.00 $10,800.00 $2,242.00 $8,968.00 72 Site Irrigation LS 1 $23,415.00 $23,415.00 $22,300.00 $22,300.00 $25,875.00 $25,875.00 73 Soil Preparation LS 1 $2,625.00 $2,625.00 $2,500.00 $2,500.00 $2,912.00 $2,912.00 74 Trees - 24" Box Palms EA 5 $1,785.00 $8,925.00 $1,700.00 $8,500.00 $2,437.00 $12,185.00 75 Shrubs - 15 Gallon EA 7 $102.90 $720.30 $98.00 $686.00 $114.00 $798.00 76 Provide and Install Sod SF 550 $1.05 $577.50 $2.50 $1,375.00 $2.00 $1,100.00 77 6 Month Maintenance MONTH 6 $1,375.00 $8,250.00 $1,310.00 $7,860.00 $1,526.00 $9,156.00 Subtotal $1,760,866.85 $1,553,914.50 $2,014,079.00
78 Mobilization/Demobilization LS 1 $100,271.00 $100,271.00 $40,000.00 $40,000.00 $26,787.00 $26,787.00 79 Provide and Maintain Temporary Fencing LS 1 $3,150.00 $3,150.00 $5,000.00 $5,000.00 $11,648.00 $11,648.00 80 SWPPP, Water Quality Control LS 1 $6,300.00 $6,300.00 $4,676.00 $4,676.00 $11,648.00 $11,648.00 81 Surveying and Construction Staking LS 1 $7,875.00 $7,875.00 $4,970.00 $4,970.00 $5,789.00 $5,789.00 82 Protection and Restoration of Existing Improvements LS 1 $2,100.00 $2,100.00 $1,000.00 $1,000.00 $582.00 $582.00 83 Clearing and Grubbing LS 1 $10,689.00 $10,689.00 $10,180.00 $10,180.00 $11,902.00 $11,902.00 84 Excavation and Grading LS 1 $13,480.00 $13,480.00 $12,839.00 $12,839.00 $10,609.00 $10,609.00 85 Construct Satellite Restroom #1 LS 1 $544,000.00 $544,000.00 $472,835.00 $472,835.00 $537,171.00 $537,171.00 86 Provide and Maintain Two Temporary Portable ADA Restrooms with Handwash Station MONTH 8 $1,155.00 $9,240.00 $1,562.50 $12,500.00 $582.00 $4,656.00 87 Provide and Install 12" Precast Concrete Catch Basins EA 3 $945.00 $2,835.00 $900.00 $2,700.00 $2,718.00 $8,154.00 88 Provide and Install 4" PVC SDR-35 Storm Drain Pipe LF 94 $34.65 $3,257.10 $33.15 $3,116.10 $47.00 $4,418.00 89 Provide and Install 4" PVC SDR-35 Sewer Pipe LF 30 $47.25 $1,417.50 $46.00 $1,380.00 $58.00 $1,740.00 90 Provide and install 2" PVC Sch. 40 Water Pipe LF 50 $15.75 $787.50 $15.00 $750.00 $29.00 $1,450.00 91 Site Irrigation LS 1 $3,685.50 $3,685.50 $3,510.00 $3,510.00 $4,000.00 $4,000.00 92 Soil Preparation LS 1 $5,985.00 $5,985.00 $5,700.00 $5,700.00 $6,600.00 $6,600.00 93 Provide and Install Sod SF 2228 $1.05 $2,339.40 $2.50 $5,570.00 $7.00 $15,596.00 Subtotal $717,412.00 $586,726.10 $662,750.00
94 Mobilization/Demobilization LS 1 $6,913.00 $6,913.00 $40,000.00 $40,000.00 $245,000.00 $245,000.00 95 Provide and Maintain Temporary Fencing LS 1 $4,200.00 $4,200.00 $5,000.00 $5,000.00 $12,000.00 $12,000.00 96 SWPPP, Water Quality Control LS 1 $3,150.00 $3,150.00 $4,678.00 $4,678.00 $9,000.00 $9,000.00 97 Surveying and Construction Staking LS 1 $7,875.00 $7,875.00 $9,630.00 $9,630.00 $7,500.00 $7,500.00 98 Protection and Restoration of Existing Improvements LS 1 $2,100.00 $2,100.00 $1,000.00 $1,000.00 $580.00 $580.00 99 Clearing and Grubbing LS 1 $10,426.00 $10,426.00 $9,930.00 $9,930.00 $14,000.00 $14,000.00 100 Excavation and Grading LS 1 $13,440.00 $13,440.00 $12,800.00 $12,800.00 $11,000.00 $11,000.00 101 Construct Satellite Restroom #2 LS 1 $544,000.00 $544,000.00 $473,523.00 $473,523.00 $536.00 $536.00 102 Provide and Maintain Two Temporary Portable ADA Restrooms with Handwash Station MONTH 8 $1,050.00 $8,400.00 $1,562.50 $12,500.00 $30,000.00 $240,000.00 103 Provide and Install 12" Precast Concrete Catch Basins EA 1 $1,155.00 $1,155.00 $2,416.00 $2,416.00 $3,000.00 $3,000.00 104 Provide and Install 4" PVC SDR-35 Storm Drain Pipe LF 94 $31.50 $2,961.00 $30.00 $2,820.00 $47.00 $4,418.00 105 Provide and Install 4" PVC SDR-35 Sewer Pipe LF 30 $39.90 $1,197.00 $37.50 $1,125.00 $58.00 $1,740.00 106 Provide and install 2" PVC Sch. 40 Water Pipe LF 50 $42.00 $2,100.00 $40.00 $2,000.00 $59.00 $2,950.00 107 Site Irrigation LS 1 $3,780.00 $3,780.00 $3,500.00 $3,500.00 $4,193.00 $4,193.00 108 Soil Preparation LS 1 $5,250.00 $5,250.00 $5,000.00 $5,000.00 $5,800.00 $5,800.00 109 Provide and Install Sod SF 2340 $1.05 $2,457.00 $2.50 $5,850.00 $6.00 $14,040.00 Subtotal $619,404.00 $591,772.00 $575,757.00
110 Site Irrigation LS 1 $38,587.00 $38,587.00 $36,750.00 $36,750.00 $43,000.00 $43,000.00 111 Soil Preparation LS 1 $13,072.00 $13,072.00 $12,450.00 $12,450.00 $14,590.00 $14,590.00 112 Trees - 10' BT Palms EA 10 $1,312.00 $13,120.00 $1,250.00 $12,500.00 $1,450.00 $14,500.00 113 Trees - 24" Box Palms EA 3 $1,837.00 $5,511.00 $1,750.00 $5,250.00 $2,000.00 $6,000.00 114 Shrubs - 5 Gallon EA 95 $39.90 $3,790.50 $38.00 $3,610.00 $44.00 $4,180.00 115 Shrubs - 1 Gallon EA 35 $15.75 $551.25 $15.00 $525.00 $17.00 $595.00 116 Mulch SF 2815 $1.58 $4,447.70 $1.50 $4,222.50 $2.00 $5,630.00 117 Provide and Install Sod SF 6459 $1.05 $6,781.95 $1.50 $9,688.50 $3.00 $19,377.00 118 Construct Bound Pebble Paving SF 87 $42.00 $3,654.00 $35.00 $3,045.00 $58.00 $5,046.00 119 6 Month Maintenance MONTH 6 $1,575.00 $9,450.00 $1,500.00 $9,000.00 $5,200.00 $31,200.00 Subtotal $98,965.40 $97,041.00 $144,118.00
TOTAL $4,949,869.15 $5,405,197.72 $6,002,208.00

OWNER - CONTRACTOR AGREEMENT

LAS PALMAS PARK IMPROVEMENTS
CIP NO. 24-13
This Owner-Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and AP General Corp (“Contractor”), 4412 Promesa Circle, San Diego, California 92124, on the 19th day of November, 2024, for the construction of the above referenced Project.

In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn-key manner in accordance with this Agreement and all documents and plans referenced in Exhibit “A”, (hereinafter “Contract Documents”), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner.

2. CONTRACT PRICE
Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit “B” attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn-key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions.

4. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age.

EXHIBIT D

5. AUTHORIZED OWNER REPRESENTATIVES
On behalf of the Owner, the Project Manager designated at the pre-construction meeting shall be the Owner’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement.

6. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement."

7. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

8. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested.

9. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner.

Owner shall have the right to control Contractor insofar as the results of Contractor's

services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services.

10. LICENSES AND PERMITS
Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession.

Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

11. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch.

12. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 15, above:
(Initial) (Initial)

14. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

Owner: Contractor:

AP General Corp
Ron Morrison (Owner/Officer signature)
Mayor, City of National City
Approved as to form: Print name and title
By:

Barry J. Schultz, City Attorney (Second officer signature if a corporation) Print name and title
Contractor’s City Business License No.

State Contractor’s License No. and Class
Business street address
City, State and Zip Code

EXHIBIT A

CONTRACT DOCUMENTS
Owner/Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
San Diego County Regional Standard Drawings
City of National City Standard Drawings
Standard Specifications for Public Works Construction and Regional Supplements (Greenbook)
State Standard Specifications
State Standard Plans
California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies
Electric, gas, and communications companies’ specifications and standards Sweetwater Authority specifications and standards
Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project.

EXHIBIT B

CONTRACT PRICE

No. Item Description Unit Qty Unit Price Line Total
1 Mobilization/Demobilization LS 1 $162,000.00 $162,000.00 2 Traffic Control LS 1 $10,500.00 $10,500.00
3 SWPPP, Water Quality Control LS 1 $13,650.00 $13,650.00 4 Surveying and Construction Staking LS 1 $15,225.00 $15,225.00 5 Clearing and Grubbing LS 1 $49,350.00 $49,350.00
6 Excavation and Grading LS 1 $21,833.00 $21,833.00
7 Utility Coordination LS 1 $2,100.00 $2,100.00
8 Protection and Restoration of Existing Improvements LS 1 $2,100.00 $2,100.00 9 Provide and Install 12" Precast Concrete Catch Basins EA 20 $903.00 $18,060.00 10 Provide and Install 12" Plastic Catch Basins EA 11 $619.00 $6,809.00 11 Provide and Install 4" PVC SDR-35 Storm Drain Pipe LF 570 $21.00 $11,970.00 12 Provide and Install 4" PVC SDR-35 Sewer Pipe LF 446 $27.30 $12,175.80 13 Construct 4" Sewer Cleanouts as per SDRSD SC-01 EA 4 $507.15 $2,028.60 14 Provide and Install 2" Water Meter EA 1 $13,335.00 $13,335.00 15 Provide and Install 3" Backflow Preventer EA 1 $9,040.00 $9,040.00 16 Provide and install 3" PVC Sch. 40 Water Pipe LF 238 $29.40 $6,997.20 17 Construct 2" Wide Trench Drain LF 105 $157.50 $16,537.50 18 Remove and Install 8' Height Pool Perimeter Fence Panels LS 1 $16,640.00 $16,640.00 19 Provide and Install New 8' Height Steel Fence Posts to Match Relocated 8' Height Fence Panels EA 26 $210.00 $5,460.00
20 Provide and Install Modular Wetlands LS 1 $178,500.00 $178,500.00 21 Construct CMU Stem Walls and Footings for Modular Building A LS 1 $31,500.00 $31,500.00 22 Construct CMU Stem Walls and Footings for Modular Building B LS 1 $31,500.00 $31,500.00 23 Construct CMU Stem Walls and Footings for Modular Building C LS 1 $31,500.00 $31,500.00 24 Construct CMU Stem Walls and Footings for Modular Building D LS 1 $31,500.00 $31,500.00 25 Construct 4" Uncolored Concrete Paving SF 424 $21.00 $8,904.00 26 Construct 6" Uncolored Concrete Paving SF 5480 $26.25 $143,850.00 27 Construct 6" Colored Concrete Paving SF 1451 $36.75 $53,324.25 28 Construct 6" PCC Curb as per SDRSD G-01 LF 201 $131.25 $26,381.25 29 Provide and Install Bicycle Rack EA 1 $2,625.00 $2,625.00 30 Provide and Install 5' Height Steel Fence LF 15 $298.62 $4,479.30 Base Bid

31 Provide and Install 5' Height Steel Double Gate EA 1 $5,488.00 $5,488.00 32 Provide and Install 5' Height Steel Single Gate EA 2 $8,027.00 $16,054.00 33 Provide and Install 8' Height Steel Fence LF 117 $147.00 $17,199.00 34 Provide and Install 8' Height Steel Single Gate EA 2 $10,825.00 $21,650.00 35 Provide and Install High/Low Drinking Fountain EA 1 $12,600.00 $12,600.00 36 Provide and Install Park Signage LS 1 $6,300.00 $6,300.00 37 Cold Mill Asphalt Pavement - 1.5" Depth SF 2700 $3.15 $8,505.00 38 Hot Mix Asphalt Concrete (AC) Pavement TON 25 $525.00 $13,125.00 39 Signing and Striping LS 1 $8,400.00 $8,400.00
40 Install Pedestrian Curb Ramps as per SDRSD EA 3 $7,875.00 $23,625.00 41 Provide and Install Site Electrical LS 1 $327,600.00 $327,600.00 42 Provide and Install Site Communications LS 1 $12,600.00 $12,600.00 43 Provide and Maintain Temporary Fencing LS 1 $5,250.00 $5,250.00 Subtotal $1,418,270.90
44 Provide and Install Shade Canopies at the Recreation Pool EA 4 $48,300.00 $193,200.00 Subtotal $193,200.00
45 Provide and Install ADA Bleachers EA 3 $47,250.00 $141,750.00 Subtotal $141,750.00
78 Mobilization/Demobilization LS 1 $100,271.00 $100,271.00 79 Provide and Maintain Temporary Fencing LS 1 $3,150.00 $3,150.00 80 SWPPP, Water Quality Control LS 1 $6,300.00 $6,300.00 81 Surveying and Construction Staking LS 1 $7,875.00 $7,875.00 82 Protection and Restoration of Existing Improvements LS 1 $2,100.00 $2,100.00 83 Clearing and Grubbing LS 1 $10,689.00 $10,689.00
84 Excavation and Grading LS 1 $13,480.00 $13,480.00
85 Construct Satellite Restroom #1 LS 1 $544,000.00 $544,000.00 86 Provide and Maintain Two Temporary Portable ADA Restrooms with Handwash Station MONTH 8 $1,155.00 $9,240.00 87 Provide and Install 12" Precast Concrete Catch Basins EA 3 $945.00 $2,835.00 88 Provide and Install 4" PVC SDR-35 Storm Drain Pipe LF 94 $34.65 $3,257.10 89 Provide and Install 4" PVC SDR-35 Sewer Pipe LF 30 $47.25 $1,417.50 90 Provide and install 2" PVC Sch. 40 Water Pipe LF 50 $15.75 $787.50 91 Site Irrigation LS 1 $3,685.50 $3,685.50
92 Soil Preparation LS 1 $5,985.00 $5,985.00

93 Provide and Install Sod SF 2228 $1.05 $2,339.40
Subtotal $717,412.00
94 Mobilization/Demobilization LS 1 $6,913.00 $6,913.00 95 Provide and Maintain Temporary Fencing LS 1 $4,200.00 $4,200.00 96 SWPPP, Water Quality Control LS 1 $3,150.00 $3,150.00 97 Surveying and Construction Staking LS 1 $7,875.00 $7,875.00 98 Protection and Restoration of Existing Improvements LS 1 $2,100.00 $2,100.00 99 Clearing and Grubbing LS 1 $10,426.00 $10,426.00
100 Excavation and Grading LS 1 $13,440.00 $13,440.00
101 Construct Satellite Restroom #2 LS 1 $544,000.00 $544,000.00 102 Provide and Maintain Two Temporary Portable ADA Restrooms with Handwash Station MONTH 8 $1,050.00 $8,400.00 103 Provide and Install 12" Precast Concrete Catch Basins EA 1 $1,155.00 $1,155.00 104 Provide and Install 4" PVC SDR-35 Storm Drain Pipe LF 94 $31.50 $2,961.00 105 Provide and Install 4" PVC SDR-35 Sewer Pipe LF 30 $39.90 $1,197.00 106 Provide and install 2" PVC Sch. 40 Water Pipe LF 50 $42.00 $2,100.00 107 Site Irrigation LS 1 $3,780.00 $3,780.00
108 Soil Preparation LS 1 $5,250.00 $5,250.00
109 Provide and Install Sod SF 2340 $1.05 $2,457.00
Subtotal $619,404.00
110 Site Irrigation LS 1 $38,587.00 $38,587.00
111 Soil Preparation LS 1 $13,072.00 $13,072.00
112 Trees - 10' BT Palms EA 10 $1,312.00 $13,120.00
113 Trees - 24" Box Palms EA 3 $1,837.00 $5,511.00
114 Shrubs - 5 Gallon EA 95 $39.90 $3,790.50
115 Shrubs - 1 Gallon EA 35 $15.75 $551.25
116 Mulch SF 2815 $1.58 $4,447.70
117 Provide and Install Sod SF 6459 $1.05 $6,781.95
118 Construct Bound Pebble Paving SF 87 $42.00 $3,654.00 119 6 Month Maintenance MONTH 6 $1,575.00 $9,450.00
Subtotal $98,965.40
Total $3,189,002.30

CORPORATE CERTIFICATE
I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then ______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then _______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

Corporate Seal:

PARTNERSHIP CERTIFICATE
STATE OF ______________________________)
) ss
COUNTY OF _____________________________)
On this __________ day of ___________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared:
_____________________________________________________________ ____________________________ (Notary Seal)
known to me to be _________________________________of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same.

Signature: _______________________________________________________________ Name (Type or Print): _____________________________________________________ (Notary Public in and for said County and State)
My Commission expires: __________________________________________________

RESOLUTION NO. 2024 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) REJECTING ALL BIDS RECEIVED ON SEPTEMBER 13, 2024 FOR THE LAS PALMAS PARK IMPROVEMENTS PROJECT, CIP NO. 24-13; 2) AWARDING A CONTRACT TO A.P.

GENERAL CORPORATION IN THE NOT-TO-EXCEED AMOUNT OF $3,189,002 FOR THE LAS PALMAS PARK IMPROVEMENTS PROJECT, CIP NO. 24-13; 3) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $478,350 FOR ANY UNFORESEEN CHANGES; 4) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; AND 5) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION OF $2,189,002 IN THE AMERICAN RESCUE PLAN ACT FUND FOR THE LAS PALMAS PARK IMPROVEMENTS PROJECT.

WHEREAS, the Las Palmas Park Improvements project, CIP No. 24-13 (“Project”) will replace the two existing park restrooms with new restrooms; construct a new patio area, ADA improvements and utility connections to support modular pool support buildings on the east side of Las Palmas Pool; install shade canopies around the kids pool; install new bleachers on the west side of the pool; and provide new fencing, landscaping and drainage improvements; and WHEREAS, on August 20, 2024, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on September 13, 2024, four (4) bids were received by the 2:00 p.m. deadline; and
WHEREAS, all bidders submitted proposals that significantly exceeded the engineer’s estimate and, consequently, staff informed all bidders that the City intended to readvertise the Project as a non-Project Labor Agreement (“PLA”) project, exercising the City’s reserved rights under the PLA; and
WHEREAS, as a result of the excessive cost of the earlier bids, on September 20, 2024 staff re-advertised the Project on PlanetBids as a non-PLA project; and WHEREAS, on October 8th and 14th, 2024, the bid solicitation was advertised in the local newspaper; and
WHEREAS, on October 18, 2024, seven (7) bids were received by the 5:00 pm deadline; and
WHEREAS, upon review of all documents submitted, A.P. General Corporation’s bid in the total bid amount of $4,949,869.15 was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the Project specifications; and WHEREAS, since A.P. General Corporation’s total bid exceeds the available budget for the Project, City staff is recommending awarding the base bid and all additive bids except for the additive bid to construct the splash pad and associated improvements, resulting in a total contract award of $3,189,002; and
WHEREAS, City staff recommends 1) rejecting all bids received on September 13, 2024 for the Las Palmas Park Improvements project, CIP No. 24-13; 2) awarding a contract to A.P.

General Corporation in the not-to-exceed amount of $3,189,002 for the base bid and all additive

bids except for the additive bid to construct the splash pad and associated improvements for the Las Palmas Park Improvements project, CIP No. 24-13; 3) authorizing a 15% contingency in the amount of $478,350 for any unforeseen changes; 4) authorizing the Mayor to execute the contract; and 5) authorizing the establishment of an appropriation of $2,189,002 in the American Rescue Plan Act fund for the Project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby rejects all bids received on September 13, 2024, for the Las Palmas Park Improvements project, CIP No. 24-13.

Section 2: That the City Council hereby authorizes the Mayor to execute the contract with A.P. General Corporation in the not-to-exceed amount of $3,189,002 for the Las Palmas Park Improvements project, CIP No. 24-13.

Section 3: That the City Council hereby authorizes a 15% contingency in the amount of $478,350 for any unforeseen changes.

Section 4: That the City Council hereby authorizes the establishment of an appropriation in the amount of $2,189,002 in the American Rescue Plan Act Fund for the Las Palmas Park Improvements project.

Section 5: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 19th day of November, 2024.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Awarding a Contract to Aster Construction Services for the FY24 and FY25 ADA Improvements Project CIP No. 24-04.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Rejecting All Bids Received on May 17, 2024 for the FY24 and FY25 ADA Improvements Project, CIP No. 24-04; 2) Awarding a Contract to Aster Construction Services in the Not-toExceed Amount of $990,716 for the FY24 and FY25 ADA Improvements Project, CIP No. 24-04; 3) Authorizing a 15% Contingency in the Amount of $148,607 for any Unforeseen Changes; and 4) Authorizing the Mayor to Execute the Contract.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The FY 24 and FY 25 ADA Improvements project, CIP 24-04, will construct various concrete improvements for Americans with Disabilities Act (ADA) compliance, including but not limited to removal/disposal and replacement of sidewalk, curb and gutter, driveways, cross gutters, and curb ramps. Limits of work include L Ave. from 16th to 30th, E. 4th St. from Highland Ave. to the I-805 bridge, G Ave. from E. 28th Ave. north approximately 150’, J Ave. from E. 24th Ave. to E. 25th Ave., I Ave. from E. 18th St. to E. 24th St., and Olive Ave. from E. 8th to E. Plaza Blvd. The project also includes concrete and drainage improvements at the cul-de-sac on the 1900 Block of E. 17th St.

On April 26, 2024, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors, in addition to advertising in the local newspaper. On May 17, 2024, seven (7) bids were received by the 5:00 p.m. deadline. All of the bidders submitted proposals that significantly exceeded the engineer’s estimate. Consequently, on June 6, 2024, staff informed all bidders that the City intended to readvertise the project. Staff also indicated that adjustments would be made to the project scope to align the bids with the budget allocations, after which the project would be rebid.

As a result of this outcome, on August 19, 2024, staff re-advertised the project on PlanetBids, in addition to advertising in the local newspaper. On September 20, 2024, six (6) bids were received by the 5:00 p.m. deadline. E-4 Construction Inc. was the apparent lowest bidder with a total base bid amount of $857,614.20.

After reviewing all submitted documents, E-4 Construction Inc’s. bid was determined to be nonresponsive and was rejected due to the absence of a properly executed bid bond. The nonresponsive bid notice was sent to E-4 Construction Inc. on October 17, 2024. Consequently, staff reviewed the documents submitted by the second lowest bidder, Aster Construction Services, which submitted a total base bid amount of $990,715.60. Upon review, the bid from Aster Construction Services was deemed responsive, making their bid the lowest, responsive bid. Aster Construction Services is also the lowest responsible bidder qualified to perform the work as outlined in the project specifications.

Attached are the bid opening summary sheet (Exhibit B) and a line-item summary of the three lowest bidders (Exhibit C) for reference. Also attached is the Owner-Contractor Agreement (Exhibit D).

Staff recommends awarding a contract to Aster Construction Services in the not-to-exceed amount of $990,716 and authorizing a 15% contingency in the amount of $148,607 to address any unforeseen conditions that may arise.

Construction is estimated to start in January 2025 and be completed by August 2025. Updates will be provided on the City’s CIP website at: http://nationalcityprojects.com.

FINANCIAL STATEMENT:

Contract Award
$500,000 (funds available through prior appropriations - TransNet) Expenditure Account No. 307-10-18-18500-7598-6035307 (Street Resurfacing / ADA) $490,716 (funds available through prior appropriations – General Fund) Expenditure Account No. 100-10-18-18500-7598-6573100 (Transportation Improvements CIP) 15% Contingency
$148,607 (funds available through prior appropriations - General Fund) Expenditure Account No. 100-10-18-18500-7598-6573100 (Transportation Improvements CIP) RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Public Safety
ENVIRONMENTAL REVIEW:

A Notice of Exemption was filed with the County Recorder’s Office on October 24, 2024.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Location Map
Exhibit B – Bid Opening Summary
Exhibit C – Three Lowest Bidders Summary
Exhibit D – Contract Agreement
Exhibit E – Resolution

Concrete/ ADA Improvements
G AVE
Seawind Dr
Earle Dr
FY 24 and FY 25 ADA Improvements project CIP No 24-04

EXHIBIT A
17th Street Improvements

BID OPENING SUMMARY
NAME: FY 24 and FY 25 ADA Improvements project
CIP NO: 24-04
DATE: September 20, 2024
TIME: 5:00 P.M.

ESTIMATE: $880,000
PROJECT ENGINEER: Luca Zappiello P.E.

NO. BIDDER’S NAME BASE BID AMOUNT
1 E-4 Construction Inc
12935 Pomerado Rd Suite C
Poway, California 92064
$857,614.20
2 Aster Construction Services
701 5th Ave
San Diego, California 92101
$990,715.60
3 Palm Engineering Construction Company,
7330 Opportunity Rd Ste A
San Diego, California 92111
$1,077,802.00
4 EBS General Engineering, Inc.
1345 QUARRY STREET STE 101
Corona, California 92879
$1,212,789.85
5 Just Construction, Inc.

P.O. Box 2038
Bonita, California 91908
$1,273,230.80
6 Fordyce Construction, Inc.
9932 Prospect Ave #138
Santee, California 92071
$1,357,603.00

Item
Num Unit
Quan
tity Description
Unit
Price
Line
Total
Unit
Price
Line
Total
Unit
Price Line Total
1 LS 1 Moblization 14,600 14,600 120,000 120,000 37,000 37,000 2 LS 1 Traffic Control 15,000 15,000 50,000 50,000 41,000 41,000 3 LS 1 SWPPP, Water Quality Control 7,500 7,500 10,000 10,000 30,300 30,300 Subtotal 37,100 180,000 108,300
4 SF 2750
Remove and replace PCC Sidewalk
(SDRSD G-07) 9 25,300 15 41,250 21 57,750
5 EA 8
Remove and replace PCC Pedestrian Curb
Ramps per SDRSD 8,950 71,600 7,000 56,000 8,800 70,400
6 LF 340
Remove and replace PCC Curb and Gutter
(SDRSD G-02) 55 18,530 60 20,400 55 18,700
7 SF 810
Remove and replace PCC Cross Gutter
(SDRSD G-12) 25 20,007 35 28,350 32 25,920
8 SF 2975 Remove and replace PCC Driveway 22 65,748 16 47,600 22 65,450 Subtotal 201,185 193,600 238,220
9 SF 1125
Remove and replace PCC Sidewalk
(SDRSD G-07) 9 10,463 15 16,875 20 22,500
10 EA 2
Remove and replace PCC Pedestrian Curb
Ramps per SDRSD 8,970 17,940 7,000 14,000 8,300 16,600
11 LF 310
Remove and replace PCC Curb and Gutter
(SDRSD G-02) 55 16,895 60 18,600 55 17,050
12 SF 75
Remove and replace PCC Cross Gutter
(SDRSD G-12) 25 1,875 35 2,625 32 2,400
13 SF 728 Remove and replace PCC Driveway 23 16,890 16 11,648 22 16,016 Subtotal 64,062 63,748 74,566
14 SF 3000
Remove and replace PCC Sidewalk
(SDRSD G-07) 9 27,600 15 45,000 20 60,000
15 LF 75
Remove and replace PCC Curb and Gutter
(SDRSD G-02) 55 4,140 60 4,500 55 4,125
16 SF 695 Remove and replace PCC Driveway 23 16,124 35 24,325 23 15,985 Subtotal 47,864 73,825 80,110
Engineering & Public Works Department
FY24 and FY25 ADA Improvements project (NON PLA PROJECT) CIP NO. 24-04 Bid Opening Date: 9/20/2024
Engineer's Estimate: $880,000
E-4 Construction
Inc
Aster
Construction
Services
Palm Engineering
Construction
Company
4th St. - NC Blvd. to I-805 Bridge
G Ave. - N. of E 28th Ave.

J Ave. - E. 24th Ave. to E. 25 th Ave.

Item
Num Unit
Quan
tity Description
Unit
Price
Line
Total
Unit
Price
Line
Total
Unit
Price Line Total
E-4 Construction
Inc
Aster
Construction
Services
Palm Engineering
Construction
Company
17 SF 4325
Remove and replace PCC Sidewalk
(SDRSD G-07) 9 39,790 15 64,875 19 82,175
18 EA 17
Remove and replace PCC Pedestrian Curb
Ramps per SDRSD 8,950 152,150 7,000 119,000 8,900 151,300 19 LF 310
Remove and replace PCC Curb and Gutter
(SDRSD G-02) 55 16,895 60 18,600 55 17,050
20 SF 1200
Remove and replace PCC Cross Gutter
(SDRSD G-12) 24 28,200 35 42,000 35 42,000
21 SF 90 Remove and replace PCC Driveway 24 2,160 16 1,440 25 2,250 Subtotal 239,195 245,915 294,775
22 SF 775
Remove and replace PCC Sidewalk
(SDRSD G-07) 9 7,208 15 11,625 20 15,500
23 EA 5
Remove and replace PCC Pedestrian Curb
Ramps per SDRSD+B3 8,970 44,850 7,000 35,000 8,800 44,000 24 LF 200
Remove and replace PCC Curb and Gutter
(SDRSD G-02) 55 10,900 60 12,000 55 11,000
Subtotal 62,958 58,625 70,500
25 SF 138
Remove and replace PCC Sidewalk
(SDRSD G-07) 10 1,311 15 2,070 25 3,450
26 LF 86
Remove and replace PCC Curb and Gutter
(SDRSD G-02) 55 4,747 60 5,160 75 6,450
Subtotal 6,058 7,230 9,900
27 EA 2
Remove and replace PCC Pedestrian Curb
Ramps per SDRSD 8,970 17,940 7,000 14,000 8,500 17,000
28 SF 70
Remove and replace PCC Sidewalk
(SDRSD G-07) 10 665 15 1,050 25 1,750
29 LF 335
Remove and replace PCC Curb and Gutter
(SDRSD G-02) 55 18,258 60 20,100 50 16,750
30 SF 95 Remove and replace PCC Driveway 24 2,280 16 1,520 25 2,375 31 SF 152
Remove and replace PCC Cross Gutter
(SDRSD G-12) 24 3,648 35 5,320 38 5,776
Subtotal 42,791 41,990 43,651
32 LS 1 Mobilization 4,400 4,400 10,000 10,000 10,000 10,000 33 LS 1 Water Pollution Control 3,500 3,500 3,000 3,000 5,000 5,000 34 LS 1 Surveying 11,500 11,500 10,000 10,000 16,000 16,000 35 LS 1 Traffic Control 4,500 4,500 2,000 2,000 5,000 5,000 36 LS 1 Clearing and Grubbing 3,500 3,500 12,000 12,000 8,000 8,000 37 LF 211 6" PCC Curb 55 11,500 80 16,880 55 11,605
38 SF 803 PCC Sidewalk 9 7,468 15 12,045 18 14,454
I Ave. - 18th St. to 24th St.

Olive Ave. - 8th St. to Plaza St.

Seawind, Calle Degado, Meadow Dr
Earle Dr. - Harbison to 16th
Bid Additive - E 17th St.

Item
Num Unit
Quan
tity Description
Unit
Price
Line
Total
Unit
Price
Line
Total
Unit
Price Line Total
E-4 Construction
Inc
Aster
Construction
Services
Palm Engineering
Construction
Company
39 SF 1683 PCC Driveway Approach 23 38,709 16 26,928 20 33,660 40 SF 10 PCC Stairway 425 4,250 100 1,000 250 2,500
41 SF 1208
Asphalt Concrete Grind, Paving and
Overlay, Variable Depth 16 18,724 6 7,248 12 14,496
42 SF 5213 Slurry Seal 4 20,852 3 16,682 5 26,065
43 LS 1 Minor Utility Relocations/Adjustments 10,500 10,500 4,000 4,000 2,000 2,000 44 LS 1 Striping and Signage 17,000 17,000 4,000 4,000 9,000 9,000 Subtotal 156,402 125,783 157,780
Total 857,614 990,716 1,077,802

OWNER - CONTRACTOR AGREEMENT
FY24 AND FY25 ADA IMPROVEMENTS PROJECT – CIP 24-04
This Owner-Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Aster Construction Services (“Contractor”), 1666 1/2 MaCadden Place, Los Angeles, CA 90028, on the 19th day of November, 2024, for the construction of the above referenced Project.

In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn-key manner in accordance with this Agreement and all documents and plans referenced in Exhibit “A”, (hereinafter “Contract Documents”), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner.

2. CONTRACT PRICE
Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit “B” attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn-key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions.

4. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age.

5. AUTHORIZED OWNER REPRESENTATIVES
On behalf of the Owner, the Project Manager designated at the pre-construction meeting shall be the Owner’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement.

6. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement."

7. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

8. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested.

9. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner.

Owner shall have the right to control Contractor insofar as the results of Contractor's

services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services.

10. LICENSES AND PERMITS
Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession.

Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

11. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch.

12. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 13, above:
(Initial) (Initial)

14. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

Owner: Contractor:

Aster Construction Services
Ron Morrison (Owner/Officer signature)
Mayor, City of National City
Print name and title
APPROVED AS TO FORM:
(Second officer signature if a corporation)
By: __________________________________
Barry J. Schultz Print name and title
City Attorney, City of National City
Contractor’s City Business License No.

State Contractor’s License No. and Class
Business street address
City, State and Zip Code

EXHIBIT A

CONTRACT DOCUMENTS
Owner/Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
San Diego County Regional Standard Drawings
City of National City Standard Drawings
Standard Specifications for Public Works Construction and Regional Supplements (Greenbook)
State Standard Specifications
State Standard Plans
California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies
Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards
Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project.

EXHIBIT B

CONTRACT PRICE
(NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS)

Item
Num Unit Quantity Description Unit Price Line Total
1 LS 1 Moblization $120,000.00 $120,000.00
2 LS 1 Traffic Control $50,000.00 $50,000.00
3 LS 1 SWPPP, Water Quality Control $10,000.00 $10,000.00 Subtotal $180,000.00
4 SF 2750 Remove and replace PCC Sidewalk (SDRSD G-07) $15.00 $41,250.00 5 EA 8 Remove and replace PCC Pedestrian Curb Ramps $7,000.00 $56,000.00 6 LF 340 Remove and replace PCC Curb and Gutter (SDRSD $60.00 $20,400.00 7 SF 810 Remove and replace PCC Cross Gutter (SDRSD G-1 $35.00 $28,350.00 8 SF 2975 Remove and replace PCC Driveway $16.00 $47,600.00 Subtotal $193,600.00
9 SF 1125 Remove and replace PCC Sidewalk (SDRSD G-07) $15.00 $16,875.00 10 EA 2 Remove and replace PCC Pedestrian Curb Ramps $7,000.00 $14,000.00 11 LF 310 Remove and replace PCC Curb and Gutter (SDRSD $60.00 $18,600.00 12 SF 75 Remove and replace PCC Cross Gutter (SDRSD G-1 $35.00 $2,625.00 13 SF 728 Remove and replace PCC Driveway $16.00 $11,648.00 Subtotal $63,748.00
14 SF 3000 Remove and replace PCC Sidewalk (SDRSD G-07) $15.00 $45,000.00 15 LF 75 Remove and replace PCC Curb and Gutter (SDRSD $60.00 $4,500.00 16 SF 695 Remove and replace PCC Driveway $35.00 $24,325.00 Subtotal $73,825.00
17 SF 4325 Remove and replace PCC Sidewalk (SDRSD G-07) $15.00 $64,875.00 18 EA 17 Remove and replace PCC Pedestrian Curb Ramps $7,000.00 $119,000.00 19 LF 310 Remove and replace PCC Curb and Gutter (SDRSD $60.00 $18,600.00 20 SF 1200 Remove and replace PCC Cross Gutter (SDRSD G-1 $35.00 $42,000.00 21 SF 90 Remove and replace PCC Driveway $16.00 $1,440.00 Subtotal $245,915.00
22 SF 775 Remove and replace PCC Sidewalk (SDRSD G-07) $15.00 $11,625.00 Aster Construction Services
Olive Ave. - 8th St. to Plaza St.

I Ave. - 18th St. to 24th St.

Engineering & Public Works Department
FY24 and FY25 ADA Improvements project - CIP NO. 24-04
Bid Opening Date: 9/20/2024
4th St. - NC Blvd. to I-805 Bridge
G Ave. - N. of E 28th Ave.

J Ave. - E. 24th Ave. to E. 25 th Ave.

23 EA 5 Remove and replace PCC Pedestrian Curb Ramps $7,000.00 $35,000.00 24 LF 200 Remove and replace PCC Curb and Gutter (SDRSD $60.00 $12,000.00 Subtotal $58,625.00
25 SF 138 Remove and replace PCC Sidewalk (SDRSD G-07) $15.00 $2,070.00 26 LF 86 Remove and replace PCC Curb and Gutter (SDRSD $60.00 $5,160.00 Subtotal $7,230.00
27 EA 2 Remove and replace PCC Pedestrian Curb Ramps $7,000.00 $14,000.00 28 SF 70 Remove and replace PCC Sidewalk (SDRSD G-07) $15.00 $1,050.00 29 LF 335 Remove and replace PCC Curb and Gutter (SDRSD $60.00 $20,100.00 30 SF 95 Remove and replace PCC Driveway $16.00 $1,520.00 31 SF 152 Remove and replace PCC Cross Gutter (SDRSD G-1 $35.00 $5,320.00 Subtotal $41,990.00
32 LS 1 Mobilization $10,000.00 $10,000.00
33 LS 1 Water Pollution Control $3,000.00 $3,000.00
34 LS 1 Surveying $10,000.00 $10,000.00
35 LS 1 Traffic Control $2,000.00 $2,000.00
36 LS 1 Clearing and Grubbing $12,000.00 $12,000.00
37 LF 211 6" PCC Curb $80.00 $16,880.00
38 SF 803 PCC Sidewalk $15.00 $12,045.00
39 SF 1683 PCC Driveway Approach $16.00 $26,928.00
40 SF 10 PCC Stairway $100.00 $1,000.00
41 SF 1208 Asphalt Concrete Grind, Paving and Overlay, Varia $6.00 $7,248.00 42 SF 5213 Slurry Seal $3.20 $16,681.60
43 LS 1 Minor Utility Relocations/Adjustments $4,000.00 $4,000.00 44 LS 1 Striping and Signage $4,000.00 $4,000.00
Subtotal $125,782.60
990,715.60
Bid Additive - E 17th St.

Earle Dr. - Harbison to 16th
Seawind, Calle Degado, Meadow Dr
Total

CORPORATE CERTIFICATE
I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then ______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then _______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

Corporate Seal:

PARTNERSHIP CERTIFICATE
STATE OF ______________________________)
) ss
COUNTY OF _____________________________)
On this __________ day of ___________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared:
_____________________________________________________________ ____________________________ (Notary Seal)
known to me to be _________________________________of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same.

Signature: _______________________________________________________________ Name (Type or Print): _____________________________________________________ (Notary Public in and for said County and State)
My Commission expires: __________________________________________________

PERFORMANCE BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2024- _____, on the 19th day of November, 2024, has awarded Aster Construction Services, hereinafter designated as the "Principal", the FY24 and FY25 ADA Improvements Project – CIP 24-04
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

NOW, THEREFORE, we, the Principal and
___________________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Nine Hundred Ninety Thousand Seven Hundred Fifteen and 60 Cent ($990,715.60) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any

wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications.

In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court.

IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the ________ day of ____________, 20____. ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) Surety Principal

PERFORMANCE BOND

ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF ______________________________ )
) ss
COUNTY OF _____________________________)
On this______ day of ______________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ____________________________________________ known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the ____________________________________________, the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.

NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney-in-fact must attach a
certified copy of the Power of
Attorney.

Signature: _______________________________________________________________ Name (Type or Print): _____________________________________________________ Notary Public in and for said County and State
My Commission expires: __________________________________________________

PAYMENT BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2024- _____, on the 19th day of November, 2024, has awarded Aster Construction Services, hereinafter designated as the "Principal", the FY24 and FY25 ADA Improvements Project – CIP 24-04
WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and __________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Nine Hundred Ninety Thousand Seven Hundred Fifteen and 60 Cent ($990,715.60) dollarslawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court.

This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the ________ day of _____________________, 20____. ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) Surety Principal

ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF ______________________________ )
) ss
COUNTY OF _____________________________)
On this day _______ of __________________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ____________________________________________ known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the ____________________________________________, the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.

NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney-in-fact must attach a
certified copy of the Power of
Attorney.

Signature:

Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires:

ATTACH ALL BONDS

RESOLUTION NO. 2024 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) REJECTING ALL BIDS RECEIVED ON MAY 17, 2024 FOR THE FY24 AND FY25 ADA IMPROVEMENTS PROJECT, CIP NO. 24-04; 2) AWARDING A CONTRACT TO ASTER CONSTRUCTION SERVICES IN THE NOT-TO-EXCEED AMOUNT OF $990,716 FOR THE FY24 AND FY25 ADA IMPROVEMENTS PROJECT, CIP NO. 24-04; 3) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $148,607 FOR ANY UNFORESEEN CHANGES; AND 4) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT.

WHEREAS, the FY24 and FY25 ADA Improvements project, CIP No. 24-04 (“Project”) will construct various concrete improvements for Americans with Disabilities Act compliance including, but not limited to, removal/disposal and replacement of sidewalk, curb and gutter, driveways, cross gutters, and curb ramps; and
WHEREAS, limits of Project work include L Ave. from 16th to 30th, E. 4th St. from Highland Ave. to the I-805 bridge, G Ave. from E. 28th Ave. north approximately 150’, J Ave. from E. 24th Ave. to E. 25th Ave., I Ave. from E. 18th St. to E. 24th St., and Olive Ave. from E. 8th to E. Plaza Blvd; and
WHEREAS, the Project also includes concrete and drainage improvements at the cul-desac on the 1900 Block of E. 17th St; and WHEREAS, on April 26, 2024, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on May 1st and May 3rd, 2024, the bid solicitation was advertised in the local newspaper; and
WHEREAS, on May 17, 2024, seven (7) bids were received by the 5:00 p.m. deadline; and
WHEREAS, all bidders submitted proposals that significantly exceeded the engineer’s estimate and, consequently, staff informed all bidders that the City intended to readvertise the Project, which would include adjustments to the Project scope to align the bids with the budget allocations, after which the Project would be rebid; and WHEREAS, as a result of the excessive cost of the earlier bids, on August 19, 2024 staff re-advertised the Project on PlanetBids with a revised Project scope in order to receive bids within the budget allocations; and
WHEREAS, on September 5th and September 9th, 2024, the bid solicitation was advertised in the local newspaper; and
WHEREAS, on September 20, 2024, six (6) bids were received by the 5:00 p.m. deadline; and
WHEREAS, E-4 Construction Inc. was the apparent lowest bidder with a total base bid amount of $857,614.20 but, upon review of all documents submitted, staff rejected the bid as nonresponsive due to the failure to provide a properly executed bid bond; and

WHEREAS, consequently, staff reviewed the documents submitted by the second lowest bidder, Aster Construction Services, and Aster Construction Services’ bid in the total bid amount of $990,715.60 was deemed responsive, making them the lowest responsible bidder qualified to perform the work as described in the Project specifications; and WHEREAS, City staff recommends 1) rejecting all bids received on May 17, 2024 for the FY24 and FY25 ADA Improvements project, CIP No. 24-04; 2) awarding a contract to Aster Construction Services in the not-to-exceed amount of $990,716 for the FY24 and FY25 ADA Improvements project, CIP No. 24-04; 3) authorizing a 15% contingency in the amount of $148,607 for any unforeseen changes; and 4) authorizing the Mayor to execute the contract.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby rejects all bids received on May 17, 2024, for the FY24 and FY25 ADA Improvements Project, CIP No. 24-04.

Section 2: That the City Council hereby authorizes the Mayor to execute the contract with Aster Construction Services in the not-to-exceed amount of $990,716 for the FY24 and FY25 ADA Improvements Project, CIP No. 24-04.

Section 3: That the City Council hereby authorizes a 15% contingency in the amount of $148,607 for any unforeseen changes.

Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 19th day of November, 2024.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Engineering
Prepared by: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Awarding a Contract to Blok Modular Constructors, Inc. for the Las Palmas Pool Modular Buildings Project, CIP 24-18.

RECOMMENDATION:

Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Blok Modular Constructors, Inc. in the Not-to-Exceed Amount of $713,000 for the Las Palmas Pool Modular Buildings Project, CIP No. 24-18; 2) Authorizing a 15% Contingency in the Amount of $106,950 for any Unforeseen Changes; 3) Authorizing the Mayor to Execute the Contract; and 4) Authorizing the Establishment of an Appropriation of $713,000 in the American Rescue Plan Act Fund for the Las Palmas Pool Modular Buildings Project.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The Las Palmas Pool Modular Buildings project, CIP 24-18 will install four (4) modular buildings on the east side of Las Palmas Pool to provide new facilities to support pool operations. The buildings will include public restrooms, showers, changing areas, an administrative office and meeting room, lifeguard area, mechanical room, new snack shack, and storage areas.

On August 30, 2024, a bid solicitation for this project was posted on PlanetBids, a free public electronic bidding system for contractors.

On September 18, 2024, one (1) bid was received by the 3:00 p.m. deadline. Blok Modular Constructors, Inc. was the apparent lowest bidder with a total bid amount of $823,500.00 and a base bid of $713,000. Upon review of all documents submitted, Blok Modular Constructors, Inc.’s bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications.

Staff recommends awarding a contract to Blok Modular Constructors, Inc. in the not-to-exceed amount of $713,000 for the base bid and authorizing a 15% contingency in the amount of $106,950 to address any unforeseen conditions that may arise.

FINANCIAL STATEMENT:

Contract Award - $713,000 (new appropriation - ARPA)
Expenditure Account No. 117-10-18-18500-7598-1171117 (Las Palmas Park Improvements) 15% Contingency - $106,950 (funds available through prior appropriations - General Fund) Expenditure Account No. 100-10-18-18500-7598-1500100 (Facility Upgrades CIP) RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library
ENVIRONMENTAL REVIEW:

CEQA Notice of Exemption was filed with the County Recorder’s Office on October 24, 2024.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Project Exhibits
Exhibit B – Bid Opening Summary
Exhibit C – Summary of Bid Items
Exhibit D – Owner-Contractor Agreement
Exhibit E – Resolution

Exhibit A – Location Map and Schematic Drawings

BID OPENING SUMMARY
NAME: Las Palmas Pool Modular Buildings
CIP NO: 24-18
DATE: September 18, 2024
TIME: 3:00 P.M.

ESTIMATE: $800,000.00
PROJECT ENGINEER: Ricardo Rodriguez
NO. BIDDER’S NAME BID AMOUNT BID SECURITY
- BOND
1 Blok Modular Constructors, Inc.
404 N. 2nd Ave., Suite C
Upland, California 91786
$823,500.00 Bond

SUMMARY OF BID ITEMS

TOP ONE BID RECIEVED
NAME: Las Palmas Pool Modular Buildings CIP NO: 24-18
DATE: September 18, 2024 TIME: 3:00 P.M. ESTIMATE: $800,000.00 PROJECT ENGINEER: Ricardo Rodriguez Blok Modular Constructors, Inc.

Item Description Unit Qty Unit Price Line Total
1 Mobilization/demobilization LS 1 $41,500.00 $41,500.00 2 Provide designs for the masonry stem wall foundations for modular buildings A, B, C and D LS 1 $6,500.00 $6,500.00 3 Provide, deliver, install and commission Modular Building A LS 1 $170,000.00 $170,000.00 4 Provide, deliver, install and commission Modular Building B LS 1 $95,000.00 $95,000.00 5 Provide, deliver, install and commission Modular Building C LS 1 $215,000.00 $215,000.00 6 Provide, deliver, install and commission Modular Building D LS 1 $180,000.00 $180,000.00 7 Coordinate, permit and certify all utilities necessary for modular buildings A, B, C and D LS 1 $2,500.00 $2,500.00 8 Coordinate and certify the installation of all stem wall foundations for modular buildings A, B, C and D LS 1 $2,500.00 $2,500.00 Subtotal $713,000.00
9 Provide designs for the masonry stem wall foundations for modular building E LS 1 $3,000.00 $3,000.00 10 Provide, deliver, install and commission Modular Building E LS 1 $105,000.00 $105,000.00 11 Coordinate, permit and certify all utilities necessary for modular building E LS 1 $1,500.00 $1,500.00 12 Coordinate and certify the installation of all stem wall foundations for modular buildings E LS 1 $1,000.00 $1,000.00 Subtotal $110,500.00 TOTAL $823,500.00

OWNER - CONTRACTOR AGREEMENT
Las Palmas Pool Modular Buildings CIP 24-18
This Owner-Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Blok Modular Constructors, Inc. (“Contractor”), 404 N. 2nd Ave., Suite C, Upland, California 91786 on the 19th day of November, 2024, for the construction of the above referenced Project.

In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn-key manner in accordance with this Agreement and all documents and plans referenced in Exhibit “A”, (hereinafter “Contract Documents”), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner.

2. CONTRACT PRICE
Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit “B” attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn-key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions.

4. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age.

5. AUTHORIZED OWNER REPRESENTATIVES
On behalf of the Owner, the Project Manager designated at the pre-construction meeting shall be the Owner’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement.

6. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement."

7. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

8. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested.

9. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner.

Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services.

10. LICENSES AND PERMITS
Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession.

Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

11. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch.

12. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 13, above:
(Initial) (Initial)

14. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

Owner: Contractor:

Blok Modular Constructors, Inc.

Ron Morrison (Owner/Officer signature)
Mayor, City of National City
Print name and title
APPROVED AS TO FORM:
(Second officer signature if a corporation)
By: __________________________________
Barry Schultz Print name and title
City Attorney
Contractor’s City Business License No.

State Contractor’s License No. and Class
Business street address
City, State and Zip Code

EXHIBIT A

CONTRACT DOCUMENTS
Owner/Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
San Diego County Regional Standard Drawings
City of National City Standard Drawings
Standard Specifications for Public Works Construction and Regional Supplements (Greenbook)
State Standard Specifications
State Standard Plans
California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies
Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards
Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project.

EXHIBIT B

CONTRACT PRICE

CORPORATE CERTIFICATE
I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then ______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then _______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

Corporate Seal:

PARTNERSHIP CERTIFICATE
STATE OF ______________________________)
) ss
COUNTY OF _____________________________)
On this __________ day of ___________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared:
_____________________________________________________________ ____________________________ (Notary Seal)
known to me to be _________________________________of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same.

Signature: _______________________________________________________________ Name (Type or Print): _____________________________________________________ (Notary Public in and for said County and State)
My Commission expires: __________________________________________________

PERFORMANCE BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2024- _____, on the 19
th day of November, 2024, has awarded Blok Modular Constructors, Inc., hereinafter designated as the "Principal", the Las Palmas Pool Modular Buildings CIP 24- 18 WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

NOW, THEREFORE, we, the Principal and
___________________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Eight Hundred Twenty-Three Thousand, Five Hundred ($823,500.00) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications.

In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court.

IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the ________ day of ____________, 20____. ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) Surety Principal

PERFORMANCE BOND

ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF ______________________________ )
) ss
COUNTY OF _____________________________)
On this______ day of ______________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ____________________________________________ known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the ____________________________________________, the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.

NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney-in-fact must attach a
certified copy of the Power of
Attorney.

Signature: _______________________________________________________________ Name (Type or Print): _____________________________________________________ Notary Public in and for said County and State
My Commission expires: __________________________________________________

PAYMENT BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2024- _____, on the 19th day of November, 2024, has awarded Blok Modular Constructors, Inc., hereinafter designated as the "Principal", the Las Palmas Pool Modular Buildings CIP 24- 18 WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and __________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Eight Hundred Twenty-Three Thousand, Five Hundred ($823,500.00) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court.

This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the ________ day of _____________________, 20____. ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) Surety Principal

ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF ______________________________ )
) ss
COUNTY OF _____________________________)
On this day _______ of __________________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ____________________________________________ known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the ____________________________________________, the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.

NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney-in-fact must attach a
certified copy of the Power of
Attorney.

Signature:

Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires:

ATTACH ALL BONDS

RESOLUTION NO. 2024 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AWARDING A CONTRACT TO BLOK MODULAR CONSTRUCTORS, INC. IN THE NOT-TOEXCEED AMOUNT OF $713,000 FOR THE LAS PALMAS POOL MODULAR BUILDINGS PROJECT, CIP NO. 24-18; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $106,950 FOR ANY UNFORESEEN CHANGES; 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; AND 4) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION OF $713,000 IN THE AMERICAN RESCUE PLAN ACT FUND FOR THE LAS PALMAS POOL MODULAR BUILDINGS PROJECT.

WHEREAS, the Las Palmas Pool Modular Buildings project, CIP No. 24-18 (“Project”) will install four (4) modular buildings on the east side of Las Palmas Pool to provide new facilities to support pool operations, including public restrooms, showers, changing areas, an administrative office and meeting room, lifeguard area, mechanical room, new snack shack, and storage areas; and
WHEREAS, the Project is a component of the revised American Rescue Plan Act (“ARPA”) Spending Plan approved by the City Council on April 16, 2024; and WHEREAS, on August 30, 2024, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on September 18, 2024, one (1) bid was received by the 3:00 p.m. deadline; and
WHEREAS, upon review of all documents submitted, Blok Modular Constructors, Inc.’s bid in the base bid amount of $713,000 was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the Project specifications; and WHEREAS, City staff recommends 1) awarding a contract to Blok Modular Constructors, Inc. in the not-to-exceed amount of $713,000 for the base bid for the Las Palmas Pool Modular Buildings project, CIP No. 24-18; 2) authorizing a 15% contingency in the amount of $106,950 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; and 4) authorizing the establishment of an appropriation of $713,000 in the ARPA fund for the Project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby authorizes the Mayor to execute the contract with Blok Modular Constructors, Inc. in the not-to-exceed amount of $713,000 for the Las Palmas Pool Modular Buildings project, CIP No. 24-18.

Section 2: That the City Council hereby authorizes a 15% contingency in the amount of $106,950 for any unforeseen changes.

Section 3: That the City Council hereby authorizes the establishment of an appropriation in the amount of $713,000 in the American Rescue Plan Act Fund for the Las Palmas Pool Modular Buildings project.

Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 19th day of November, 2024.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Awarding a Contract to Dick Miller Inc. for the El Toyon Park Proposition 68 Improvements, CIP No. 22-26.

RECOMMENDATION:

Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, 1) Rejecting All Bids Received on June 13, 2024, for the El Toyon Park Proposition 68 Improvements, CIP No. 22-26; 2) Awarding a Contract to Dick Miller, Inc. in the Not-to-Exceed amount of $5,334,781 for the El Toyon Park Proposition 68 Improvements, CIP No. 22-26; 3) Authorizing a 10% Contingency in the Amount of $533,478 for any Unforeseen Changes; 4) Authorizing the Mayor to Execute the Contract; and 5) Authorizing the Establishment of an Appropriation of $822,762 in the American Rescue Plan Act Fund for the El Toyon Park Proposition 68 Improvements.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The El Toyon Park Proposition 68 Improvements, CIP No. 22-26 includes removal and replacement of the multi-purpose athletic field, sports lighting system, both basketball courts, and playground equipment; new electronic scoreboard; lighting retrofits for the basketball courts, tennis courts, and park restrooms; resurfacing and restriping of the tennis courts; new pickleball courts with fencing and lighting retrofits; new park lighting, walking paths, ADA improvements, and bicycle connections; repaving and restriping of the parking lot on the west side of the park; landscaping and drainage improvements; public safety cameras; park signage; trash receptacles and recycling containers; picnic tables, benches and shade structures.

On March 2, 2021, per City Council Resolution No. 2021-14, City Council authorized staff to submit an application for a Proposition 68 Statewide Park Development and Community Revitalization Program grant for the El Toyon Park Project, and authorized the City Manager to execute the grant agreement. The City was awarded the Proposition 68 grant in the amount of $5,632,600. On March 7, 2022, the City Manager executed Grant Agreement No. C9803043 with the State of California Department of Parks and Recreation for the Project, effective July 1, 2020.

Staff proceeded with project design based on input from the community. On February 1, 2024, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors, in accordance with the City’s Project Labor Agreement (PLA). The bid solicitation was also advertised in the local newspaper.

On March 21, 2024, only one bid was received, which significantly exceeded the engineer’s estimate. After reviewing all submitted documents, the bid was determined to be non-responsive and was rejected. The non-responsive bid notice was sent on April 9, 2024.

On May 16, 2024, staff re-advertised the project on PlanetBids, in accordance with the City’s PLA.

The bid solicitation was also advertised in the local newspaper. On June 13, 2024, two (2) bids were received by the 5:00 p.m. deadline. Both bids received significantly exceeded the engineer’s estimate. Staff informed both bidders that the City was rejecting all submitted bids and would be exercising its reserved rights under the PLA to re-advertise the project as a non-PLA project.

On August 1, 2024, staff re-advertised the project as a non-PLA project on PlanetBids, in addition to the local newspaper. On September 11, 2024, eleven (11) bids were received by the 5:00 p.m. deadline. Dick Miller Inc., was the apparent lowest bidder with a total bid amount of $7,307,474.94.

Upon a review of all documents submitted, Dick Miller Inc.’s bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications.

The total bid submitted by Dick Miller Inc. exceeds the available budget for the project.

Consequently, staff reviewed the project scope to determine which bid items could be removed to get the project within budget. The objective was to keep the elements of the project that were of highest priority to the community. Staff then began negotiations with Dick Miller Inc. regarding the revised scope of work. Both parties ultimately reached an agreement, resulting in a total cost of $5,334,781. For details on the revised project scope, including bid items that were removed, please refer to Exhibit D.

Based on the results of contract negotiations, staff recommends awarding a contract to Dick Miller Inc. in the not-to-exceed amount of $5,334,781 and authorizing a 10% contingency in the amount of $533,478 to address any unforeseen conditions that may arise.

Construction is estimated to start in January 2025 and be completed by December 2025.

Updates will be provided on the City’s CIP website at: http://nationalcityprojects.com.

FINANCIAL STATEMENT:

Contract Award
$822,762 (new appropriation - ARPA Fund)
Expenditure Account No. 117-10-18-18500-7598-1177117 (El Toyon Park Improvements) $4,512,019 (funds available through prior appropriations - State Prop 68 Grant) Expenditure Account No. 296-10-18-18500-7598-6200296 (El Toyon Park Improvements) 10% Contingency
$533,478 (funds available through prior appropriations - General Fund) Expenditure Account No. 100-10-18-18500-7598-1500100 (Facility Upgrades CIP) RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library
ENVIRONMENTAL REVIEW:

Notice of Exemption was filed with the County Recorder’s Office on October 24, 2024

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Project Site Plan
Exhibit B – Bid Opening Summary
Exhibit C – Three Lowest Bidders Summary
Exhibit D – Revised Project Scope
Exhibit E – Contract Agreement
Exhibit F – Resolution

EXHIBIT A - SITE PLAN

BID OPENING SUMMARY
NAME: El Toyon Park Proposition 68 Improvement
CIP NO: 22-26
DATE: September 11, 2024
TIME: 5:00 P.M.

ESTIMATE: $4,300,000
PROJECT ENGINEER: Luca Zappiello P.E.

NO. BIDDER’S NAME BASE BID AMOUNT
1 Dick Miller Inc.
930 Boardwalk Suite H
San Marcos, California 92078
$7,307,474.94
2 3-D Enterprises, Inc.
3665 Ruffin Road Suite 103
San Diego, California 92123
$7,426,000.00
3 RAL Investment Corporation
10065 Old Grove Road Suite 200
San Diego, California 92131
$ 7,503,280.00
4 HSCC, Inc.
12101 Lakeside Ave
Lakeside, California 92040
$7,563.543.02
5 Western Rim Constructors, Inc.
621 S. Andreasen Drive, Suite B
Escondido CA 92029
$7,586,000.00
6 Fordyce Construction, Inc.
9932 Prospect Ave #138
Santee, California 92071
$7,667,582.50
7 SWCS, Inc.
11653 Riverside Dr. Ste. 153
Lakeside, California 92040
$7,750,000.91
8 Armstrong Cal Builders Inc.

PO Box 249
Stanton, California 90680
$7,767,713.25
9 LB Civil Construction, Inc.
324 E. Valley Pkwy
Escondido, California 92025
$8,496,325.00
10 Aster Construction Services
1666 1/2 MaCadden Place
Los Angeles, California 90028
$8,583,707.45
11 De La Fuente Construction, Inc
22W 35th Street Suite 207
National City, California 91950
$8,835,000.18

Item
No Unit Amount Description Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 LS 1 Mobilization $360,000 $360,000 $350,000 $350,000 $245,176 $245,176 2 LS 1
Surveying and Construction
Staking/Layout $38,500 $38,500 $80,000 $80,000 $34,118 $34,118 3 LS 1
Traffic Control and Pedestrian
Control $64,353 $64,353 $60,000 $60,000 $43,124 $43,124 4 LS 1 Clearing and Grubbing $309,600 $309,600 $420,000 $420,000 $276,470 $276,470 5 LS 1 Water Pollution Control $62,376 $62,376 $25,000 $25,000 $26,764 $26,764 6 LS 1 Unclassified Excavation/Grading $68,761 $68,761 $80,000 $80,000 $91,519 $91,519 Subtotal $903,590 $1,015,000 $717,171
Sports Field & Lighting/Sports WarmUp Area
7 LS 1 Sports Field Expansion $31,507 $31,507 $42,000 $42,000 $25,903 $25,903 8 EA 2 Remove/install new goal posts $29,414 $58,828 $26,000 $52,000 $24,891 $49,782 9 LS 1 Stripe artificial turf $67,200 $67,200 $56,000 $56,000 $8,874 $8,874 10 LS 1
Remove/Install artificial turf over
existing base + expansion area $636,817 $636,817 $757,386 $757,386 $663,778 $663,778 11 LS 1
Grading (remove 4"-6" soil in field
expansion area) $16,814 $16,814 $25,000 $25,000 $52,962 $52,962 12 LS 1
12" flat drains in field expansion
area base $4,000 $4,000 $5,000 $5,000 $5,996 $5,996
13 LS 1
15 mil pvc liner in field expansion
area $4,000 $4,000 $5,300 $5,300 $6,893 $6,893
14 SF 26777 1" thinlay asphalt overlay $1 $36,952 $2 $53,554 $2 $53,554 15 SF 24470
Construct 3" AC on 6" CL2 base
around football field $5 $112,073 $6 $146,820 $9 $220,230 16 LF 400 Construct Type "A" Asphalt Dike $44 $17,500 $50 $20,000 $23 $9,200 17 EA 4
Purchase & Install aluminum
bleachers (ten row) $37,100 $148,400 $38,000 $152,000 $41,345 $165,380 18 EA 4
Remove/Replace existing ball field
lighting on existing poles $71,720 $286,880 $90,000 $360,000 $78,078 $312,312 19 LF 200 1" conduit with scoreboard power $102 $20,460 $50 $10,000 $110 $22,000 20 LS 1 Misc. Electrical $220,000 $220,000 $230,000 $230,000 $238,872 $238,872 21 EA 1
Scoreboard power connection
240v, single phase $31,020 $31,020 $9,000 $9,000 $33,720 $33,720 Engineering & Public Works Department
El Toyon Park Proposition 68 Improvements (NON PLA PROJECT) Bid Opening Date: 9/11/2024
Dick Miller Inc.
930 Boardwalk
San Marcos, California
92078
3-D Enterprises, Inc.
3665 Ruffin Road
San Diego, California
92123
RAL Investment
Corporation
10065 Old Grove
San Diego, 92131
Exhibit C – Three Lowest Bidders Summary

Item
No Unit Amount Description Unit Price Line Total Unit Price Line Total Unit Price Line Total Dick Miller Inc.
930 Boardwalk
San Marcos, California
92078
3-D Enterprises, Inc.
3665 Ruffin Road
San Diego, California
92123
RAL Investment
Corporation
10065 Old Grove
San Diego, 92131
22 LF 200
1" conduit with communications
conductors $36 $7,260 $40 $8,000 $39 $7,800
23 LS 1 Tree & Shrub Irrigation $55,000 $55,000 $14,000 $14,000 $14,990 $14,990 24 EA 2 Tree, 36" box $2,000 $4,000 $1,500 $3,000 $1,439 $2,878 25 EA 109 Shrub, 5 gallon $55 $5,995 $40 $4,360 $48 $5,232 26 EA 270 Shrub, 1 gallon $22 $5,940 $15 $4,050 $14 $3,780 27 SF 7700 Color Seal AC paving $2 $18,634 $3 $23,100 $3 $23,100 28 EA 1
Electronic Scoreboard, Support,
Frame & Installation $161,000 $161,000 $136,000 $136,000 $154,485 $154,485 Subtotal $1,950,280 $2,116,570 $2,081,721
Restroom Plaza/Parking Lot
29 LS 1 Fine grade subgrade for paving $25,178 $25,178 $25,000 $25,000 $25,375 $25,375 30 LS 1
Adjust existing drains to new finish
grade $16,502 $16,502 $16,000 $16,000 $26,383 $26,383
31 LF 141 Construct concrete header $47 $6,592 $25 $3,525 $74 $10,434 32 EA 11 Provide/install concrete bollards $1,916 $21,076 $1,200 $13,200 $968 $10,648 33 SF 449
Construct concrete detectable
warning tiles $86 $38,614 $70 $31,430 $24 $10,776
34 SF 2619
Construct 6" PCC paving with
medium broom finish $16 $41,904 $30 $78,570 $28 $73,332 35 LF 264 Construct Concrete 6" Curb Only $67 $17,688 $40 $10,560 $109 $28,776 36 LS 1
Remove/Replace AC for irrigation
trench sleeves $38,500 $38,500 $40,000 $40,000 $26,088 $26,088 37 SF 25930 1" thinlay asphalt overlay $1 $36,302 $2 $51,860 $3 $77,790 38 LS 1
Parking lot Signage, Striping and
Misc. $14,960 $14,960 $30,000 $30,000 $7,195 $7,195
39 LS 1 Irrigation $41,200 $41,200 $35,000 $35,000 $34,297 $34,297 40 EA 6 Tree, 36" box with root barrier $4,000 $24,000 $1,600 $9,600 $1,799 $10,794 41 EA 6 Tree, 24" box with root barrier $3,000 $18,000 $1,000 $6,000 $959 $5,754 42 SF 2620 Groundcover $16 $41,920 $3 $7,860 $4 $10,480 43 LS 1 Lighting Retrofit $50,820 $50,820 $50,000 $50,000 $55,291 $55,291 Subtotal $433,256 $408,605 $413,413
Community Garden/Farmers Market Misc. Planting
44 CY 598
Strip, stockpile & respread top 6" of
existing topsoil $66 $39,468 $40 $23,920 $72 $43,056
45 LF 43 Construct concrete driveway $274 $11,782 $150 $6,450 $315 $13,545 46 SF 1763
Construct 4" PCC paving with
broom finish $16 $28,208 $20 $35,260 $23 $40,549
47 SF 2459
Construct 6" PCC paving with
medium broom finish $18 $44,262 $30 $73,770 $30 $73,770 48 LS 1 Construct 26x45 shade structure $62,700 $62,700 $52,000 $52,000 $92,721 $92,721 49 EA 3
Construct 10x10 wood shed on
concrete slab $10,652 $31,956 $7,500 $22,500 $9,018 $27,054 50 LF 161 Construct 6' black chain link fence $148 $23,828 $160 $25,760 $144 $23,184

Item
No Unit Amount Description Unit Price Line Total Unit Price Line Total Unit Price Line Total Dick Miller Inc.
930 Boardwalk
San Marcos, California
92078
3-D Enterprises, Inc.
3665 Ruffin Road
San Diego, California
92123
RAL Investment
Corporation
10065 Old Grove
San Diego, 92131
51 EA 2 Construct 6' black chain link gates $3,531 $7,062 $2,000 $4,000 $2,998 $5,996 52 SF 32292 Install gopher wire/weed barrier $1 $38,750 $1 $32,292 $1 $32,292 53 SF 24912
Install 3/4" + 3/8" crushed recycled
concrete path, 4" deep $2 $43,845 $2 $49,824 $2 $49,824 54 LF 3892
Construct 4x4 recycled plastic
edging $20 $77,840 $20 $77,840 $26 $101,192
55 SF 2999
Construct pervious pavers Incl. subbase & header $35 $104,425 $20 $59,980 $28 $83,972 56 LS 1 Irrigation $55,000 $55,000 $50,000 $50,000 $50,967 $50,967 57 EA 27 Garden Hose bibs $377 $10,179 $400 $10,800 $360 $9,720 58 LS 1 Amended Raised Planter Bed soil $30,800 $30,800 $26,000 $26,000 $28,241 $28,241 59 EA 1 36" Box Trees $2,200 $2,200 $1,500 $1,500 $1,439 $1,439 60 EA 15 24" Box Trees $1,500 $22,500 $900 $13,500 $660 $9,900 61 EA 43 Fruit tree planting (15 gal) $550 $23,650 $300 $12,900 $300 $12,900 62 EA 69 5 gallon shrub planting $55 $3,795 $40 $2,760 $48 $3,312 63 EA 128 1 gallon shrub planting $22 $2,816 $15 $1,920 $14 $1,792 64 SF 20967 Hydroseed $1 $11,532 $1 $20,967 $1 $20,967
65 LF 120 Construct 3' retaining wall $279 $33,480 $250 $30,000 $679 $81,480 66 SF 140
Construct concrete steps &
handrails $200 $28,000 $240 $33,600 $208 $29,120
Subtotal $738,079 $667,543 $836,993
Farmers Market Parking
67 LS 1 Extend existing irrigation $8,800 $8,800 $6,000 $6,000 $5,756 $5,756 68 EA 1 36" Box Parking Lot Trees $2,200 $2,200 $1,500 $1,500 $1,439 $1,439 69 EA 10 5 gallon shrub planting $22 $220 $40 $400 $48 $480 Subtotal $11,220 $7,900 $7,675
Playground/Tot Lot/Restrooms
70 SF 600
Construct 4" PCC paving with
broom finish $16 $9,600 $20 $12,000 $29 $17,400
71 LS 1 Modify existing irrigation $8,800 $8,800 $6,000 $6,000 $6,836 $6,836 72 LS 1 Repair turf/sod $8,800 $8,800 $6,000 $6,000 $6,596 $6,596 73 LS 1 Provide/install play equipment $425,000 $425,000 $325,000 $325,000 $303,399 $303,399 74 LS 1
Provide/install 12" deep 'Fibar'
engineered wood tot lot surfacing $30,800 $30,800 $25,000 $25,000 $33,789 $33,789 75 LS 1 Install subdrainage rock $45,667 $45,667 $26,000 $26,000 $20,243 $20,243 76 SF 1192
Construct 4" PCC paving with
broom finish @ tot lot $16 $19,072 $20 $23,840 $26 $30,992 77 LS 1 Powerwash restroom and plaza $8,250 $8,250 $5,000 $5,000 $11,422 $11,422 78 SF 1320 Concrete sawcut/stain/seal plaza $12 $15,180 $10 $13,200 $30 $39,600 79 EA 4 Provide/install benches $5,800 $23,200 $2,500 $10,000 $2,878 $11,512 80 EA 8 Provide/Install Picnic Tables $6,800 $54,400 $3,500 $28,000 $5,870 $46,960 81 LS 1 Picnic Shade Structure $52,800 $52,800 $60,000 $60,000 $58,084 $58,084 82 EA 2 Purchase/install bike racks $3,022 $6,044 $2,000 $4,000 $3,480 $6,960

Item
No Unit Amount Description Unit Price Line Total Unit Price Line Total Unit Price Line Total Dick Miller Inc.
930 Boardwalk
San Marcos, California
92078
3-D Enterprises, Inc.
3665 Ruffin Road
San Diego, California
92123
RAL Investment
Corporation
10065 Old Grove
San Diego, 92131
Subtotal $707,613 $544,040 $593,793
Park Frontage
83 EA 3 Purchase/install recycle containers $2,800 $8,400 $3,000 $9,000 $4,136 $12,408 84 EA 3 Purchase/install trash receptacles $2,700 $8,100 $3,000 $9,000 $4,136 $12,408 85 EA 4 Purchase/install pet waste stations $1,514 $6,056 $1,200 $4,800 $3,269 $13,076 86 EA 3 Provide/install benches $2,800 $8,400 $4,000 $12,000 $4,808 $14,424 Subtotal $30,956 $34,800 $52,316
Tennis Courts
87 LS 1
Repair existing cracks and grind
smooth as needed $24,200 $24,200 $15,000 $15,000 $4,197 $4,197 88 LS 1 Resurface/restripe Tennis Courts $50,600 $50,600 $60,000 $60,000 $71,051 $71,051 89 EA 6 Tennis Courts Lighting retrofit $5,819 $34,914 $6,000 $36,000 $6,338 $38,028 90 LS 1 Construct Shade structure @ tennis $64,320 $64,320 $50,000 $50,000 $67,367 $67,367 91 EA 1
Purchase & Install aluminum
bleachers @ tennis (five row) $23,930 $23,930 $12,000 $12,000 $77,693 $77,693 92 LS 1
Construct 12' high chain link fence
and gates @ tennis $28,308 $28,308 $85,000 $85,000 $29,980 $29,980 93 LS 1
Construct 4' high chain link fence
with fabric @ Tennis Court $6,545 $6,545 $30,000 $30,000 $5,996 $5,996 94 LS 1 Modify existing irrigation $7,150 $7,150 $6,000 $6,000 $6,776 $6,776 95 LS 1 Repair turf/sod $7,150 $7,150 $6,000 $6,000 $6,596 $6,596 Subtotal $247,117 $300,000 $307,684
Pickleball Courts
96 LS 1
Construct Pickleball Courts
Complete $137,050 $137,050 $150,000 $150,000 $133,390 $133,390 97 EA 3 Install Pickleball nets $3,915 $11,745 $2,500 $7,500 $3,130 $9,390 98 LS 1 Fencing and Gates $93,060 $93,060 $26,000 $26,000 $78,428 $78,428 99 LS 1 Lighting retrofit $82,500 $82,500 $85,000 $85,000 $89,827 $89,827 Subtotal $324,355 $268,500 $311,035
Basketball Court
100 LS 1
Construct Basketball Courts Paving
Complete $274,210 $274,210 $250,000 $250,000 $289,442 $289,442 101 EA 4 Basketball Goal, Post, Nets & Pads $10,300 $41,200 $10,000 $40,000 $14,628 $58,512 102 LS 1 12' Chain Link Fence $21,120 $21,120 $40,000 $40,000 $55,464 $55,464 103 LS 1 Basketball Lighting Retrofit $76,560 $76,560 $100,000 $100,000 $83,406 $83,406 Subtotal $413,090 $430,000 $486,824
Class I Bike Path Connector
104 SF 3147
Construct concrete paving with
broom finish $16 $50,981 $20 $62,940 $28 $88,116
105 LS 1 Modify existing irrigation $6,500 $6,500 $5,000 $5,000 $4,917 $4,917 106 LS 1 Repair sod $4,500 $4,500 $4,000 $4,000 $3,118 $3,118 Subtotal $61 981 $71 940 $96 151

Item
No Unit Amount Description Unit Price Line Total Unit Price Line Total Unit Price Line Total Dick Miller Inc.
930 Boardwalk
San Marcos, California
92078
3-D Enterprises, Inc.
3665 Ruffin Road
San Diego, California
92123
RAL Investment
Corporation
10065 Old Grove
San Diego, 92131
Security Lighting
107 EA 25
Purchase & Install Solar lights and
footings $8,140 $203,500 $10,500 $262,500 $11,447 $286,175 Subtotal $203,500 $262,500 $286,175
Security Cameras
108 EA 4
Purchase & Install Security Cameras
on Light Poles $6,840 $27,360 $8,000 $32,000 $3,598 $14,392 Subtotal $27,360 $32,000 $14,392
Park Signage
109 EA 2
Construct Park Identification
Monument signs $26,000 $52,000 $25,000 $50,000 $24,991 $49,982 110 LS 1
Provide and Install miscellaneous
park signage $6,000 $6,000 $7,000 $7,000 $8,343 $8,343
Subtotal $58,000 $57,000 $58,325
Dog Park
111 EA 5
Tree Protection (drain mat trunk
wrap) $480 $2,400 $400 $2,000 $480 $2,400
112 LS 1
Adjust existing drains to new finish
grade $3,200 $3,200 $4,000 $4,000 $5,396 $5,396
113 SF 1746
DG paving, 4" deep stabilized with
steel header $9 $15,504 $5 $8,730 $7 $12,222
114 SF 11971
DG turf topping, 1" deep nonstabilized, drag screen $2 $23,942 $2 $23,942 $3 $35,913 115 LF 20
12" wide concrete 'wedge'
transition from existing concrete to
DG paving $98 $1,960 $100 $2,000 $161 $3,220
116 EA 2 4' wide x 6' high chain link gate $3,531 $7,062 $3,000 $6,000 $1,799 $3,598 117 EA 4 4' wide x 4' high chain link gate $2,714 $10,856 $2,400 $9,600 $1,799 $7,196 118 LF 92
6' high chan link fence & posts @
10' o.c. $332 $30,562 $160 $14,720 $180 $16,560
119 LF 295
4' high chain link fence & post @
10' o.c. $157 $46,404 $170 $50,150 $144 $42,480
120 EA 2
10' wide x 6' high chain link
maintenance gate $5,445 $10,890 $2,400 $4,800 $4,797 $9,594 121 EA 12 Construct corrugated panels $3,500 $42,000 $4,000 $48,000 $4,733 $56,796 122 LS 1 Install Drinking fountain $16,660 $16,660 $12,000 $12,000 $14,091 $14,091 123 EA 4 Trash receptacles $2,962 $11,848 $3,200 $12,800 $1,570 $6,280 124 EA 1 Square Bench $6,140 $6,140 $8,000 $8,000 $16,438 $16,438 125 EA 1 Round Bench $5,827 $5,827 $8,000 $8,000 $9,954 $9,954 126 EA 3 Bench with back $3,684 $11,052 $5,000 $15,000 $2,099 $6,297 127 EA 4 Pet waste station $1,382 $5,528 $1,200 $4,800 $1,204 $4,816 128 EA 6 Install relocated Boulders $458 $2,748 $200 $1,200 $144 $864 129 LS 1 Modify existing irrigation $8,500 $8,500 $8,000 $8,000 $8,155 $8,155 130 LS 1 Repair turf/sod $10,600 $10,600 $10,000 $10,000 $11,393 $11,393 131 EA 1
Smart Irrigation controller at small
dog park $12,000 $12,000 $11,000 $11,000 $10,553 $10,553 Subtotal $285,683 $264,742 $284,216
Misc Park Features

Item
No Unit Amount Description Unit Price Line Total Unit Price Line Total Unit Price Line Total Dick Miller Inc.
930 Boardwalk
San Marcos, California
92078
3-D Enterprises, Inc.
3665 Ruffin Road
San Diego, California
92123
RAL Investment
Corporation
10065 Old Grove
San Diego, 92131
132 EA 1
Purchase and install information
kiosk $25,836 $25,836 $30,000 $30,000 $30,986 $30,986
133 EA 1
Install Adult Ability Course &
Equipment $8,000 $8,000 $10,000 $10,000 $10,193 $10,193 134 EA 1 Install Salvaged Bench on new pad $2,250 $2,250 $8,000 $8,000 $1,226 $1,226 135 EA 1
Install Salvaged Picnic Table on new
pad $2,250 $2,250 $8,000 $8,000 $2,151 $2,151
136 EA 1
Install Salvaged Trash Receptacle
on new pad $1,100 $1,100 $8,000 $8,000 $1,226 $1,226
137 LS 1 90 Day Landscape Maintenance $6,000 $6,000 $6,000 $6,000 $5,396 $5,396 Subtotal $45,436 $70,000 $51,178
BID ALTERNATES 1
138 LS 1
Remove and replace existing chain
link fence at "U" Ave. & existing tot
lot frontage $36,570 $36,570 $35,000 $35,000 $58,963 $58,963 Subtotal $36,570 $35,000 $58,963
BID ALTERNATES 2 - Farmers Market Area
139 EA 1 Purchase 5x10 refrigerated trailer $34,776 $34,776 $30,000 $30,000 $39,309 $39,309 140 EA 1
Purchase and assemble 8x12
greenhouse $11,902 $11,902 $15,000 $15,000 $7,134 $7,134 141 EA 1 Install 8x40 shipping container $12,500 $12,500 $6,000 $6,000 $6,739 $6,739 142 EA 1
Modify shade structure to
securable produce stand $24,750 $24,750 $24,000 $24,000 $33,035 $33,035 143 EA 3 Construct washing/sorting tables $2,600 $7,800 $7,000 $21,000 $9,266 $27,798 144 EA 1 Composting Bin $525 $525 $2,000 $2,000 $2,527 $2,527 145 LS 1
Lighting & electrical & Farmers
Market $29,700 $29,700 $12,000 $12,000 $30,281 $30,281
146 EA 31 Construct "feather" banners $200 $6,200 $160 $4,960 $154 $4,774 Subtotal $128,153 $114,960 $151,597
BID ALTERNATES 3 - Farmers Market Parking Lot Area
147 LS 1
Parking Lot Signage and Striping @
Famers Market $33,440 $33,440 $15,000 $15,000 $28,078 $28,078 148 LS 1
Sealcoat AC paving @ Farmers
Market $7,821 $7,821 $116,000 $116,000 $5,316 $5,316
149 LS 1
Patch & Seal Cracks @ Farmers
Market $6,600 $6,600 $10,000 $10,000 $31,893 $31,893
150 EA 118
Purchase & Install elastomeric
markings @ Farmers Market $120 $14,160 $50 $5,900 $24 $2,832 Subtotal $62,021 $146,900 $68,119
BID ALTERNATES 4
151 EA 2 Dog agility equipment $11,580 $23,160 $9,000 $18,000 $11,968 $23,936 Subtotal $23,160 $18,000 $23,936
BID ALTERNATES 5
152 LS 1
Provide new MUSCO Sports
Lighting Including Removal and
Replacement $616,055 $616,055 $560,000 $560,000 $601,603 $601,603

Item
No Unit Amount Description Unit Price Line Total Unit Price Line Total Unit Price Line Total Dick Miller Inc.
930 Boardwalk
San Marcos, California
92078
3-D Enterprises, Inc.
3665 Ruffin Road
San Diego, California
92123
RAL Investment
Corporation
10065 Old Grove
San Diego, 92131
Subtotal $616,055 $560,000 $601,603
Total $7,307,475 $7,426,000 $7,503,280

Line Totals (Unit Price * Quantity)
Item Num Section Description Unit Quantity Unit Price Line Total Credit for
Scope
Reduction
1 General Mobilization LS 1 $360,000.00 $360,000.00 -$40,000.00 2 General Surveying and Construction Staking/Layout LS 1 $38,500.00 $38,500.00 3 General Traffic Control and Pedestrian Control LS 1 $64,353.00 $64,353.00 -$10,000.00 4 General - Move Portion of work Clearing and Grubbing - PORTION LS 1 $309,600.00 $309,600.00 -$33,209.10 5 General Water Pollution Control LS 1 $62,376.00 $62,376.00 -$7,200.00 6 General Unclassified Excavation/Grading LS 1 $68,761.00 $68,761.00 Subtotal $903,590.00
7 Sports Field & Lighting/Sports
WarmUp Area Sports Field Expansion LS 1 $31,507.00 $31,507.00 8 Sports Field & Lighting/Sports
WarmUp Area Remove/install new goal posts EA 2 $29,414.00 $58,828.00 9 Sports Field & Lighting/Sports
WarmUp Area Stripe artificial turf LS 1 $67,200.00 $67,200.00 10 Sports Field & Lighting/Sports
WarmUp Area
Remove/Install artificial turf over existing
base + expansion area LS 1 $636,817.00 $636,817.00
11 Sports Field & Lighting/Sports
WarmUp Area
Grading (remove 4"-6" soil in field expansion
area) LS 1 $16,814.00 $16,814.00
12 Sports Field & Lighting/Sports
WarmUp Area 12" flat drains in field expansion area base LS 1 $4,000.00 $4,000.00 13 Sports Field & Lighting/Sports
WarmUp Area 15 mil pvc liner in field expansion area LS 1 $4,000.00 $4,000.00 14 Sports Field & Lighting/Sports
WarmUp Area 1" thinlay asphalt overlay SF 26777 $1.38 $36,952.26 $18,476.13 15 Sports Field & Lighting/Sports
WarmUp Area
Construct 3" AC on 6" CL2 base around
football field SF 24470 $4.58 $112,072.60 $75,221.92
16 Sports Field & Lighting/Sports
WarmUp Area Construct Type "A" Asphalt Dike LF 400 $43.75 $17,500.00 $17,500.00 17 Sports Field & Lighting/Sports
WarmUp Area
Purchase & Install aluminum bleachers (ten
row) EA 4 $37,100.00 $148,400.00
18 Sports Field & Lighting/Sports
WarmUp Area
Remove/Replace existing ball field lighting on
existing poles EA 4 $71,720.00 $286,880.00 $286,880.00
19 Sports Field & Lighting/Sports
WarmUp Area 1" conduit with scoreboard power LF 200 $102.30 $20,460.00 20 Sports Field & Lighting/Sports
WarmUp Area Misc. Electrical LS 1 $220,000.00 $220,000.00 21 Sports Field & Lighting/Sports
WarmUp Area
Scoreboard power connection 240v, single
phase EA 1 $31,020.00 $31,020.00
22 Sports Field & Lighting/Sports
WarmUp Area 1" conduit with communications conductors LF 200 $36.30 $7,260.00 23 Sports Field & Lighting/Sports
WarmUp Area Tree & Shrub Irrigation LS 1 $55,000.00 $55,000.00 $55,000.00 24 Sports Field & Lighting/Sports
WarmUp Area Tree, 36" box EA 2 $2,000.00 $4,000.00 $4,000.00 25 Sports Field & Lighting/Sports
WarmUp Area Shrub, 5 gallon EA 109 $55.00 $5,995.00 $5,995.00 26 Sports Field & Lighting/Sports
WarmUp Area Shrub, 1 gallon EA 270 $22.00 $5,940.00 $5,940.00 27 Sports Field & Lighting/Sports
WarmUp Area Color Seal AC paving SF 7700 $2.42 $18,634.00 Dick Miller Inc.

Engineering & Public Works Department
Exhibit D – Revised Project Scope

Line Totals (Unit Price * Quantity)
Item Num Section Description Unit Quantity Unit Price Line Total Credit for
Scope
Reduction
Dick Miller Inc.
28 Sports Field & Lighting/Sports
WarmUp Area
Electronic Scoreboard, Support, Frame &
Installation EA 1 $161,000.00 $161,000.00
Subtotal $1,950,279.86
29 Restroom Plaza/Parking Lot Fine grade subgrade for paving LS 1 $25,178.00 $25,178.00 30 Restroom Plaza/Parking Lot Adjust existing drains to new finish grade LS 1 $16,502.00 $16,502.00 31 Restroom Plaza/Parking Lot Construct concrete header LF 141 $46.75 $6,591.75 32 Restroom Plaza/Parking Lot Provide/install concrete bollards EA 11 $1,916.00 $21,076.00 33 Restroom Plaza/Parking Lot Construct concrete detectable warning tiles SF 449 $86.00 $38,614.00 34 Restroom Plaza/Parking Lot
Construct 6" PCC paving with medium broom
finish SF 2619 $16.00 $41,904.00
35 Restroom Plaza/Parking Lot Construct Concrete 6" Curb Only LF 264 $67.00 $17,688.00 36 Restroom Plaza/Parking Lot
Remove/Replace AC for irrigation trench
sleeves LS 1 $38,500.00 $38,500.00
37 Restroom Plaza/Parking Lot 1" thinlay asphalt overlay SF 25930 $1.40 $36,302.00 38 Restroom Plaza/Parking Lot Parking lot Signage, Striping and Misc. LS 1 $14,960.00 $14,960.00 39 Restroom Plaza/Parking Lot Irrigation LS 1 $41,200.00 $41,200.00 40 Restroom Plaza/Parking Lot Tree, 36" box with root barrier EA 6 $4,000.00 $24,000.00 41 Restroom Plaza/Parking Lot Tree, 24" box with root barrier EA 6 $3,000.00 $18,000.00 42 Restroom Plaza/Parking Lot Groundcover SF 2620 $16.00 $41,920.00 43 Restroom Plaza/Parking Lot Lighting Retrofit LS 1 $50,820.00 $50,820.00 Subtotal $433,255.75
44 Community Garden/Farmers
Market Misc. Planting
Strip, stockpile & respread top 6" of existing
topsoil CY 598 $66.00 $39,468.00 $39,468.00
45 Community Garden/Farmers
Market Misc. Planting Construct concrete driveway LF 43 $274.00 $11,782.00 $11,782.00 46 Community Garden/Farmers
Market Misc. Planting Construct 4" PCC paving with broom finish SF 1763 $16.00 $28,208.00 $28,208.00 47 Community Garden/Farmers
Market Misc. Planting
Construct 6" PCC paving with medium broom
finish SF 2459 $18.00 $44,262.00 $44,262.00
48 Community Garden/Farmers
Market Misc. Planting Construct 26x45 shade structure LS 1 $62,700.00 $62,700.00 $62,700.00 49 Community Garden/Farmers
Market Misc. Planting Construct 10x10 wood shed on concrete slab EA 3 $10,652.00 $31,956.00 $31,956.00 50 Community Garden/Farmers
Market Misc. Planting Construct 6' black chain link fence LF 161 $148.00 $23,828.00 $23,828.00 51 Community Garden/Farmers
Market Misc. Planting Construct 6' black chain link gates EA 2 $3,531.00 $7,062.00 $7,062.00 52 Community Garden/Farmers
Market Misc. Planting Install gopher wire/weed barrier SF 32292 $1.20 $38,750.40 $38,750.40 53 Community Garden/Farmers
Market Misc. Planting
Install 3/4" + 3/8" crushed recycled concrete
path, 4" deep SF 24912 $1.76 $43,845.12 $43,845.12
54 Community Garden/Farmers
Market Misc. Planting Construct 4x4 recycled plastic edging LF 3892 $20.00 $77,840.00 $77,840.00 55 Community Garden/Farmers
Market Misc. Planting
Construct pervious pavers Incl. sub-base &
header SF 2999 $34.82 $104,425.18 $104,425.18
56 Community Garden/Farmers
Market Misc. Planting Irrigation LS 1 $55,000.00 $55,000.00 $55,000.00 57 Community Garden/Farmers
Market Misc. Planting Garden Hose bibs EA 27 $377.00 $10,179.00 $10,179.00 58 Community Garden/Farmers
Market Misc. Planting Amended Raised Planter Bed soil LS 1 $30,800.00 $30,800.00 $30,800.00 59 Community Garden/Farmers
Market Misc. Planting 36" Box Trees EA 1 $2,200.00 $2,200.00 $2,200.00 60 Community Garden/Farmers
Market Misc. Planting 24" Box Trees EA 15 $1,500.00 $22,500.00 $22,500.00 61 Community Garden/Farmers
Market Misc. Planting Fruit tree planting (15 gal) EA 43 $550.00 $23,650.00 $23,650.00 62 Community Garden/Farmers
Market Misc. Planting 5 gallon shrub planting EA 69 $55.00 $3,795.00 $3,795.00 63 Community Garden/Farmers
Market Misc. Planting 1 gallon shrub planting EA 128 $22.00 $2,816.00 $2,816.00 64 Community Garden/Farmers
Market Misc. Planting Hydroseed SF 20967 $0.55 $11,531.85 $11,531.85

Line Totals (Unit Price * Quantity)
Item Num Section Description Unit Quantity Unit Price Line Total Credit for
Scope
Reduction
Dick Miller Inc.
65 Community Garden/Farmers
Market Misc. Planting Construct 3' retaining wall LF 120 $279.00 $33,480.00 $33,480.00 66 Community Garden/Farmers
Market Misc. Planting Construct concrete steps & handrails SF 140 $200.00 $28,000.00 $28,000.00 Subtotal $738,078.55
67 Farmers Market Parking Extend existing irrigation LS 1 $8,800.00 $8,800.00 $8,800.00 68 Farmers Market Parking 36" Box Parking Lot Trees EA 1 $2,200.00 $2,200.00 $2,200.00 69 Farmers Market Parking 5 gallon shrub planting EA 10 $22.00 $220.00 $220.00 Subtotal $11,220.00
70 Playground/Tot Lot/Restrooms Construct 4" PCC paving with broom finish SF 600 $16.00 $9,600.00 71 Playground/Tot Lot/Restrooms Modify existing irrigation LS 1 $8,800.00 $8,800.00 72 Playground/Tot Lot/Restrooms Repair turf/sod LS 1 $8,800.00 $8,800.00 73 Playground/Tot Lot/Restrooms Provide/install play equipment LS 1 $425,000.00 $425,000.00 74 Playground/Tot Lot/Restrooms
Provide/install 12" deep 'Fibar' engineered
wood tot lot surfacing LS 1 $30,800.00 $30,800.00
75 Playground/Tot Lot/Restrooms Install subdrainage rock LS 1 $45,667.00 $45,667.00 76 Playground/Tot Lot/Restrooms
Construct 4" PCC paving with broom finish @
tot lot SF 1192 $16.00 $19,072.00
77 Playground/Tot Lot/Restrooms Powerwash restroom and plaza LS 1 $8,250.00 $8,250.00 78 Playground/Tot Lot/Restrooms Concrete sawcut/stain/seal plaza SF 1320 $11.50 $15,180.00 79 Playground/Tot Lot/Restrooms Provide/install benches EA 4 $5,800.00 $23,200.00 80 Playground/Tot Lot/Restrooms Provide/Install Picnic Tables EA 8 $6,800.00 $54,400.00 81 Playground/Tot Lot/Restrooms Picnic Shade Structure LS 1 $52,800.00 $52,800.00 82 Playground/Tot Lot/Restrooms Purchase/install bike racks EA 2 $3,022.00 $6,044.00 Subtotal $707,613.00
83 Park Frontage Purchase/install recycle containers EA 3 $2,800.00 $8,400.00 84 Park Frontage Purchase/install trash receptacles EA 3 $2,700.00 $8,100.00 85 Park Frontage Purchase/install pet waste stations EA 4 $1,514.00 $6,056.00 86 Park Frontage Provide/install benches EA 3 $2,800.00 $8,400.00 Subtotal $30,956.00
87 Tennis Courts
Repair existing cracks and grind smooth as
needed LS 1 $24,200.00 $24,200.00
88 Tennis Courts Resurface/restripe Tennis Courts LS 1 $50,600.00 $50,600.00 89 Tennis Courts Tennis Courts Lighting retrofit EA 6 $5,819.00 $34,914.00 90 Tennis Courts Construct Shade structure @ tennis LS 1 $64,320.00 $64,320.00 $64,320.00 91 Tennis Courts
Purchase & Install aluminum bleachers @
tennis (five row) EA 1 $23,930.00 $23,930.00 $23,930.00 92 Tennis Courts
Construct 12' high chain link fence and gates
@ tennis LS 1 $28,308.00 $28,308.00
93 Tennis Courts
Construct 4' high chain link fence with fabric
@ Tennis Court LS 1 $6,545.00 $6,545.00
94 Tennis Courts Modify existing irrigation LS 1 $7,150.00 $7,150.00 $7,150.00 95 Tennis Courts Repair turf/sod LS 1 $7,150.00 $7,150.00 $7,150.00 Subtotal $247,117.00
96 Pickleball Courts Construct Pickleball Courts Complete LS 1 $137,050.00 $137,050.00 $137,050.00 97 Pickleball Courts Install Pickleball nets EA 3 $3,915.00 $11,745.00 $11,745.00 98 Pickleball Courts Fencing and Gates LS 1 $93,060.00 $93,060.00 $93,060.00 99 Pickleball Courts Lighting retrofit LS 1 $82,500.00 $82,500.00 $82,500.00 Subtotal $324,355.00
100 Basketball Court Construct Basketball Courts Paving Complete LS 1 $274,210.00 $274,210.00 101 Basketball Court Basketball Goal, Post, Nets & Pads EA 4 $10,300.00 $41,200.00 102 Basketball Court 12' Chain Link Fence LS 1 $21,120.00 $21,120.00

Line Totals (Unit Price * Quantity)
Item Num Section Description Unit Quantity Unit Price Line Total Credit for
Scope
Reduction
Dick Miller Inc.
103 Basketball Court Basketball Lighting Retrofit LS 1 $76,560.00 $76,560.00 Subtotal $413,090.00
104 Class I Bike Path Connector Construct concrete paving with broom finish SF 3147 $16.20 $50,981.40 105 Class I Bike Path Connector Modify existing irrigation LS 1 $6,500.00 $6,500.00 106 Class I Bike Path Connector Repair sod LS 1 $4,500.00 $4,500.00 Subtotal $61,981.40
107 Security Lighting Purchase & Install Solar lights and footings EA 25 $8,140.00 $203,500.00 Subtotal $203,500.00
108 Security Cameras
Purchase & Install Security Cameras on Light
Poles EA 4 $6,840.00 $27,360.00
Subtotal $27,360.00
109 Park Signage
Construct Park Identification Monument
signs EA 2 $26,000.00 $52,000.00
110 Park Signage
Provide and Install miscellaneous park
signage LS 1 $6,000.00 $6,000.00
Subtotal $58,000.00
111 Dog Park Tree Protection (drain mat trunk wrap) EA 5 $480.00 $2,400.00 $2,400.00 112 Dog Park Adjust existing drains to new finish grade LS 1 $3,200.00 $3,200.00 $3,200.00 113 Dog Park
DG paving, 4" deep stabilized with steel
header SF 1746 $8.88 $15,504.48 $15,504.48
114 Dog Park
DG turf topping, 1" deep non-stabilized, drag
screen SF 11971 $2.00 $23,942.00 $23,942.00
115 Dog Park
12" wide concrete 'wedge' transition from
existing concrete to DG paving LF 20 $98.00 $1,960.00 $1,960.00 116 Dog Park 4' wide x 6' high chain link gate EA 2 $3,531.00 $7,062.00 $7,062.00 117 Dog Park 4' wide x 4' high chain link gate EA 4 $2,714.00 $10,856.00 $10,856.00 118 Dog Park 6' high chan link fence & posts @ 10' o.c. LF 92 $332.20 $30,562.40 $30,562.40 119 Dog Park 4' high chain link fence & post @ 10' o.c. LF 295 $157.30 $46,403.50 $46,403.50 120 Dog Park
10' wide x 6' high chain link maintenance
gate EA 2 $5,445.00 $10,890.00 $10,890.00
121 Dog Park Construct corrugated panels EA 12 $3,500.00 $42,000.00 $42,000.00 122 Dog Park Install Drinking fountain LS 1 $16,660.00 $16,660.00 $16,660.00 123 Dog Park Trash receptacles EA 4 $2,962.00 $11,848.00 $11,848.00 124 Dog Park Square Bench EA 1 $6,140.00 $6,140.00 $6,140.00 125 Dog Park Round Bench EA 1 $5,827.00 $5,827.00 $5,827.00 126 Dog Park Bench with back EA 3 $3,684.00 $11,052.00 $11,052.00 127 Dog Park Pet waste station EA 4 $1,382.00 $5,528.00 $5,528.00 128 Dog Park Install relocated Boulders EA 6 $458.00 $2,748.00 $2,748.00 129 Dog Park Modify existing irrigation LS 1 $8,500.00 $8,500.00 $8,500.00 130 Dog Park Repair turf/sod LS 1 $10,600.00 $10,600.00 $10,600.00 131 Dog Park Smart Irrigation controller at small dog park EA 1 $12,000.00 $12,000.00 $12,000.00 Subtotal $285,683.38
132 Misc Park Features Purchase and install information kiosk EA 1 $25,836.00 $25,836.00 $25,836.00 133 Misc Park Features Install Adult Ability Course & Equipment EA 1 $8,000.00 $8,000.00 134 Misc Park Features Install Salvaged Bench on new pad EA 1 $2,250.00 $2,250.00 135 Misc Park Features Install Salvaged Picnic Table on new pad EA 1 $2,250.00 $2,250.00 136 Misc Park Features Install Salvaged Trash Receptacle on new pad EA 1 $1,100.00 $1,100.00 137 Misc Park Features 90 Day Landscape Maintenance LS 1 $6,000.00 $6,000.00 Subtotal $45,436.00
Base Bid $6,441,515.94
138 BID ALTERNATES 1
Remove and replace existing chain link fence
at "U" Ave. & existing tot lot frontage LS 1 $36,570.00 $36,570.00 $36,570.00 Subtotal $36,570.00

Line Totals (Unit Price * Quantity)
Item Num Section Description Unit Quantity Unit Price Line Total Credit for
Scope
Reduction
Dick Miller Inc.
139
BID ALTERNATES 2 - Farmers
Market Area Purchase 5x10 refrigerated trailer EA 1 $34,776.00 $34,776.00 $34,776.00 140
BID ALTERNATES 2 - Farmers
Market Area Purchase and assemble 8x12 greenhouse EA 1 $11,902.00 $11,902.00 $11,902.00 141
BID ALTERNATES 2 - Farmers
Market Area Install 8x40 shipping container EA 1 $12,500.00 $12,500.00 $12,500.00 142
BID ALTERNATES 2 - Farmers
Market Area
Modify shade structure to securable produce
stand EA 1 $24,750.00 $24,750.00 $24,750.00
143
BID ALTERNATES 2 - Farmers
Market Area Construct washing/sorting tables EA 3 $2,600.00 $7,800.00 $7,800.00 144
BID ALTERNATES 2 - Farmers
Market Area Composting Bin EA 1 $525.00 $525.00 $525.00 145
BID ALTERNATES 2 - Farmers
Market Area Lighting & electrical & Farmers Market LS 1 $29,700.00 $29,700.00 $29,700.00 146
BID ALTERNATES 2 - Farmers
Market Area Construct "feather" banners EA 31 $200.00 $6,200.00 $6,200.00 Subtotal $128,153.00
147
BID ALTERNATES 3 - Farmers
Market Parking Lot Area
Parking Lot Signage and Striping @ Famers
Market LS 1 $33,440.00 $33,440.00 $33,440.00
148
BID ALTERNATES 3 - Farmers
Market Parking Lot Area Sealcoat AC paving @ Farmers Market LS 1 $7,821.00 $7,821.00 $7,821.00 149
BID ALTERNATES 3 - Farmers
Market Parking Lot Area Patch & Seal Cracks @ Farmers Market LS 1 $6,600.00 $6,600.00 $6,600.00 150
BID ALTERNATES 3 - Farmers
Market Parking Lot Area
Purchase & Install elastomeric markings @
Farmers Market EA 118 $120.00 $14,160.00 $14,160.00
Subtotal $62,021.00
151 BID ALTERNATES 4 Dog agility equipment EA 2 $11,580.00 $23,160.00 $23,160.00 Subtotal $23,160.00
152 BID ALTERNATES 5
Provide new MUSCO Sports Lighting
Including Removal and Replacement LS 1 $616,055.00 $616,055.00 $616,055.00 Subtotal $616,055.00 $865,959.00
Bid Alternate $865,959.00
Total Bid 7,307,474.94
Deleted Work (including bid alts) $1,882,284.98
DMI Credit for Scope Reduction (90,409.10) $
DMI's REVISED CONTRACT AMOUNT 5,334,780.86 $

OWNER - CONTRACTOR AGREEMENT
El Toyon Park Proposition 68 Improvements, CIP No. 22-26 This Owner-Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Dick Miller Inc. (“Contractor”), 930 Boardwalk Suite H, San Marcos, California 92078 on the 19th day of November, 2024, for the construction of the above referenced Project.

In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn-key manner in accordance with this Agreement and all documents and plans referenced in Exhibit “A”, (hereinafter “Contract Documents”), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner.

2. CONTRACT PRICE
Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit “B” attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn-key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions.

4. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age.

5. AUTHORIZED OWNER REPRESENTATIVES
On behalf of the Owner, the Project Manager designated at the pre-construction meeting shall be the Owner’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement.

6. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement."

7. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

8. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested.

9. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner.

Owner shall have the right to control Contractor insofar as the results of Contractor's

services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services.

10. LICENSES AND PERMITS
Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession.

Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

11. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch.

12. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 13, above:
(Initial) (Initial)

14. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

Owner: Contractor:

Dick Miller Inc.

Ron Morrison (Owner/Officer signature)
Mayor, City of National City
Print name and title
APPROVED AS TO FORM:
(Second officer signature if a corporation)
By: __________________________________
Barry J. Schultz Print name and title
City Attorney, City of National City
Contractor’s City Business License No.

State Contractor’s License No. and Class
Business street address
City, State and Zip Code

EXHIBIT A

CONTRACT DOCUMENTS
Owner/Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
San Diego County Regional Standard Drawings
City of National City Standard Drawings
Standard Specifications for Public Works Construction and Regional Supplements (Greenbook)
State Standard Specifications
State Standard Plans
California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies
Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards
Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project.

EXHIBIT B

CONTRACT PRICE
(NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS)

CORPORATE CERTIFICATE
I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then ______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then _______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

Corporate Seal:

PARTNERSHIP CERTIFICATE
STATE OF ______________________________)
) ss
COUNTY OF _____________________________)
On this __________ day of ___________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared:
_____________________________________________________________ ____________________________ (Notary Seal)
known to me to be _________________________________of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same.

Signature: _______________________________________________________________ Name (Type or Print): _____________________________________________________ (Notary Public in and for said County and State)
My Commission expires: __________________________________________________

PERFORMANCE BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2024- _____, on the 19th day of November, 2024, has awarded Dick Miller Inc., hereinafter designated as the "Principal", the El Toyon Park Proposition 68 Improvements, CIP No. 22-26
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

NOW, THEREFORE, we, the Principal and
___________________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Five Million, Three Hundred Thirty Four Thousand, Seven Hundred Eighty and 86 Cent ($5,334,780.86) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications.

In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court.

IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the ________ day of ____________, 20____. ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) Surety Principal

PERFORMANCE BOND

ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF ______________________________ )
) ss
COUNTY OF _____________________________)
On this______ day of ______________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ____________________________________________ known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the ____________________________________________, the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.

NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney-in-fact must attach a
certified copy of the Power of
Attorney.

Signature: _______________________________________________________________ Name (Type or Print): _____________________________________________________ Notary Public in and for said County and State
My Commission expires: __________________________________________________

PAYMENT BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2024- _____, on the 19th day of November, 2024, has awarded Dick Miller Inc., hereinafter designated as the "Principal", the El Toyon Park Proposition 68 Improvements, CIP No. 22-26.

WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and __________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Five Million, Three Hundred Thirty Four Thousand, Seven Hundred Eighty and 86 Cent ($5,334,780.86) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court.

This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the ________ day of _____________________, 20____. ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) Surety Principal

ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF ______________________________ )
) ss
COUNTY OF _____________________________)
On this day _______ of __________________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ____________________________________________ known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the ____________________________________________, the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.

NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney-in-fact must attach a
certified copy of the Power of
Attorney.

Signature:

Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires:

ATTACH ALL BONDS

RESOLUTION NO. 2024 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) REJECTING ALL BIDS RECEIVED ON JUNE 13, 2024, FOR THE EL TOYON PARK PROPOSITION 68 IMPROVEMENTS, CIP NO. 22-26; 2) AWARDING A CONTRACT TO DICK MILLER, INC. IN THE NOT-TO-EXCEED AMOUNT OF $5,334,781 FOR THE EL TOYON PARK PROPOSITION 68 IMPROVEMENTS, CIP NO. 22-26; 3) AUTHORIZING A 10% CONTINGENCY IN THE AMOUNT OF $533,478 FOR ANY UNFORESEEN CHANGES; 4) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; AND 5) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION OF $822,762 IN THE AMERICAN RESCUE PLAN ACT FUND FOR THE EL TOYON PARK PROPOSITION 68 IMPROVEMENTS.

WHEREAS, the El Toyon Park Proposition 68 Improvements, CIP No. 22-26 (“Project”) includes removal and replacement of the multi-purpose athletic field, sports lighting system, both basketball courts, and playground equipment; new electronic scoreboard; lighting retrofits for the basketball courts, tennis courts, and park restrooms; resurfacing and restriping of the tennis courts; new pickleball courts with fencing and lighting retrofits; new park lighting, walking paths, ADA improvements, and bicycle connections; repaving and restriping of the parking lot on the west side of the park; landscaping and drainage improvements; public safety cameras; park signage; trash receptacles and recycling containers; picnic tables, benches and shade structures; and
WHEREAS, on March 2, 2021, the City Council adopted Resolution No. 2021-14 authorizing City staff to submit an application for the Proposition 68 Statewide Park Development and Community Revitalization Program (“Proposition 68 Grant”) for the Project, and authorized the City Manager to execute the grant agreement; and
WHEREAS, the City was awarded the Proposition 68 Grant in the amount of $5,632,600 and, on March 7, 2022, the City Manager executed Grant Agreement No. C9803043 with the State of California Department of Parks and Recreation for the Project, effective July 1, 2020; and WHEREAS, City staff proceeded with Project design based on input from the community; and
WHEREAS, on February 1, 2024, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on February 5th, February 7th, and February 21st, 2024, the bid solicitation was advertised in the local newspaper; and
WHEREAS, on March 21, 2024, one bid was received by the 11:00 a.m. deadline but, upon reviewing all submitted documents, staff rejected the bid as non-responsive as they failed to submit required Post Bid Documents and, in addition, the bid submitted significantly exceeded the engineer’s estimate; and
WHEREAS, as a result of not receiving any responsive bids from the initial solicitation, on May 16, 2024 staff re-advertised the Project on PlanetBids; and WHEREAS, on May 23rd and May 28th, 2024, the bid solicitation was advertised in the local newspaper; and

WHEREAS, on June 13, 2024, two (2) bids were received by the 5:00 p.m. deadline; and WHEREAS, both bidders submitted proposals that significantly exceeded the engineer’s estimate and, consequently, staff informed both bidders that the City intended to readvertise the Project as a non-Project Labor Agreement (“PLA”) project, exercising the City’s reserved rights under the PLA; and
WHEREAS, as a result of the excessive cost of the earlier bids, on August 1, 2024 staff re-advertised the Project on PlanetBids as a non-PLA project; and WHEREAS, on August 15th and August 20th, 2024, the bid solicitation was advertised in the local newspaper; and
WHEREAS, on September 11, 2024, eleven (11) bids were received by the 5:00 p.m. deadline; and
WHEREAS, upon review of all documents submitted, Dick Miller, Inc.’s bid in the total bid amount of $7,307,474.94 was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the Project specifications; and WHEREAS, since Dick Miller, Inc.’s total bid exceeds the available budget for the Project, City staff reviewed the Project scope to determine which bid items could be removed to get the Project within budget, with consideration given to keeping the elements of the Project that were of highest priority to the community, and negotiated a revised scope of work with Dick Miller, Inc., resulting in a total contract award of $5,334,781; and
WHEREAS, City staff recommends 1) rejecting all bids received on June 13, 2024 for the El Toyon Park Proposition 68 Improvements, CIP No. 22-26; 2) awarding a contract to Dick Miller, Inc. in the not-to-exceed amount of $5,334,781 for the revised scope of work for the El Toyon Park Proposition 68 Improvements, CIP No. 22-26; 3) authorizing a 10% contingency in the amount of $533,478 for any unforeseen changes; 4) authorizing the Mayor to execute the contract; and 5) authorizing the establishment of an appropriation of $822,762 in the American Rescue Plan Act fund for the Project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby rejects all bids received on June 13, 2024, for the El Toyon Park Proposition 68 Improvements, CIP No. 22-26.

Section 2: That the City Council hereby authorizes the Mayor to execute the contract with Dick Miller, Inc. in the not-to-exceed amount of $5,334,781 for the El Toyon Park Proposition 68 Improvements, CIP No. 22-26.

Section 3: That the City Council hereby authorizes a 10% contingency in the amount of $533,478 for any unforeseen changes.

Section 4: That the City Council hereby authorizes the establishment of an appropriation in the amount of $822,762 in the American Rescue Plan Act Fund for the El Toyon Park Proposition 68 Improvements.

Section 5: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 19th day of November, 2024.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Awarding a Contract to Endelos Construction, LLC, for the Police Department Generator and Electrical Upgrades Project, CIP No. 20-04.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California 1) Rejecting All Bids Received on May 9, 2024 for the Police Department Generator and Electrical Upgrades Project, CIP No. 20-04; 2) Awarding a Contract to Endelos Construction LLC in the Notto-Exceed Amount of $1,420,880 for the Police Department Generator and Electrical Upgrades Project, CIP No. 20-04; 3) Authorizing a 15% Contingency in the Amount of $213,132 for any Unforeseen Changes; 4) Authorizing the Mayor to Execute the Contract; and 5) Authorizing the Establishment of an Appropriation in the Amount of $1,420,880 in the American Rescue Plan Act Fund for the Police Department Generator and Electrical Upgrades Project” BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The Police Department Generator and Electrical Upgrades project, CIP No. 20-04, will involve reconfiguring the current electrical distribution system for the police department. This upgrade will include the installation of a new standby generator system, transfer switches, electrical distribution equipment, mechanical components, a tank enclosure, an approximately 2,000-gallon doublewall tank, along with all necessary piping and controls. Currently, the Police Department’s standby power system only covers the dispatch and server rooms, and emergency egress lighting for a few hours of run time. The new 300 kW generator in conjunction with the large capacity fuel tank will power 100% of the building loads for up to 96 hours. As such, this project will significantly increase the Police Department’s ability to remain fully functional to provide emergency response in the event of an extended power outage.

On February 19, 2024, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors, in accordance with the City’s Project Labor Agreement (PLA). On February 21, 2024 and February 22, 2024, the bid solicitation was advertised in local newspapers.

On May 9, 2024, two (2) bids were received by the 1:00 p.m. deadline. Both bidders submitted proposals that significantly exceeded the engineer’s estimate. Consequently, on June 6, 2024, staff informed both bidders that the City was rejecting all submitted bids. Staff also indicated that adjustments would be made to the project scope to align the bids with the budget allocations, after which the project would be rebid.

As a result of this outcome, on August 28, 2024, staff re-advertised the project on PlanetBids, in accordance with the City’s Project Labor Agreement (PLA). On September 26, 2024, four (4) bids were received by the 5:00 p.m. deadline.

Endelos Construction LLC, was the apparent lowest bidder with a total bid amount of $1,420,880.

Upon a review of all documents submitted, Endelos Construction LLC’s, bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications.

Staff recommends awarding a contract to Endelos Construction LLC in the not-to-exceed amount of $1,420,880 and authorizing a 15% contingency in the amount of $213,132 to address any unforeseen conditions that may arise.

Attached are the bid opening summary sheet (Exhibit A) and a line item summary of the three lowest bidders (Exhibit B) for reference. Also attached is the Owner-Contractor Agreement (Exhibit C).

Construction is expected to begin by early 2025 and estimated to be completed by fall 2025.

Typically, construction will begin four to six weeks after City Council approves award of contract to allow for coordination efforts, as well as contractor mobilization. For projects of this scope, the lead time on large equipment and specialized materials can also be long and push out the actual construction timeline.

Updates will be provided on the City’s CIP website at: http://nationalcityprojects.com.

FINANCIAL STATEMENT:

Contract Award - $1,420,880 (new appropriation - ARPA)
Expenditure Account No. 117-10-18-18500-7598-1178117 (Police Dept. Facility Upgrades) 15% Contingency - $213,132 (funds available through prior appropriations - General Fund) Expenditure Account No. 100-10-18-18500-7598-1500100 (Facility Upgrades CIP) RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Public Safety
ENVIRONMENTAL REVIEW:

A Notice of Exemption under Categorical Exemption – Class 1 Section 15301(f) – Existing Facilities of the CEQA Guidelines was filed with the County Recorder’s Office on October 29, 2024.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A - Bid Opening Summary
Exhibit B - Three Lowest Bidders Summary
Exhibit C - Owner-Contract Agreement
Exhibit D - Resolution

BID OPENING SUMMARY
NAME: Police Department Generator and Electrical Upgrades (PLA Project) CIP NO: 20-04
DATE: September 26, 2024
TIME: 5:00 P.M.

ESTIMATE: $1,300,000.00
PROJECT ENGINEER: Luca Zappiello
NO. BIDDER’S NAME BID AMOUNT BID SECURITY
- BOND
1 Endelos Construction LLC
593 Ave of Flags #105
Buellton, California 93427
$1,420,880.00 Bond
2 Global Power Group, Inc.
12060 Woodside Ave.

Lakeside, California 92040
$1,700,812.00 Bond
3 PC Inc
2007 Priesker Lane, Suite D
Santa Maria, California 93454
$1,910,000.00 Bond
4 G.A. Abell, Inc. dba Precision
Electric Company
8137 Winter Gardens Blvd.

Lakeside, California 92040
$2,100,000.00 Bond

Item
Num
Uni
t
Qua
ntity Description Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 LS 1
Provide Lump Sum cost for the
required items as described in the
Plans and Contract Documents. $1,420,880 $1,420,880 $1,700,812 $1,700,812 $1,910,000 $1,910,000 Total $1,420,880 $1,700,812 $1,910,000
PC Inc
2007 Priesker lane
Suite D
Santa Maria, California
93454
Global Power Group, Inc.
12060 Woodside Ave.

Lakeside, California 92040
Endelos Construction LLC
593 Ave of Flags #105
Buellton, California 93427
Engineering & Public Works Department
Police Department Generator and Electrical Upgrades (PLA Project) CIP 20-04 Bid Opening Date: 9/26/2024

OWNER - CONTRACTOR AGREEMENT

POLICE DEPARTMENT GENERATOR AND ELECTICAL UPGRADES
CIP NO. 20-04
This Owner-Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Endelos Construction, LLC (“Contractor”), 593 Ave of Flags #105, Buellton, California 93427, on the 19th day of November, 2024, for the construction of the above referenced Project.

In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn-key manner in accordance with this Agreement and all documents and plans referenced in Exhibit “A”, (hereinafter “Contract Documents”), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner.

2. CONTRACT PRICE
Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit “B” attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn-key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions.

4. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age.

5. AUTHORIZED OWNER REPRESENTATIVES
On behalf of the Owner, the Project Manager designated at the pre-construction meeting shall be the Owner’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement.

6. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement."

7. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

8. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested.

9. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner.

Owner shall have the right to control Contractor insofar as the results of Contractor's

services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services.

10. LICENSES AND PERMITS
Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession.

Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

11. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch.

12. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 13, above:
(Initial) (Initial)

14. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

Owner: Contractor:

Endelos Construction, LLC
Ron Morrison, Mayor (Owner/Officer signature)
Approved as to form: Print name and title
By:

Barry J. Schultz, City Attorney (Second officer signature if a corporation) Print name and title
Contractor’s City Business License No.

State Contractor’s License No. and Class
Business street address
City, State and Zip Code

EXHIBIT A

CONTRACT DOCUMENTS
Owner/Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
San Diego County Regional Standard Drawings
City of National City Standard Drawings
Standard Specifications for Public Works Construction and Regional Supplements (Greenbook)
State Standard Specifications
State Standard Plans
California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies
Electric, gas, and communications companies’ specifications and standards Sweetwater Authority specifications and standards
Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project.

EXHIBIT B

CONTRACT PRICE

Item Num Description Unit Quantity Unit Price Line Total 1 Provide Lump Sum cost for the required items as
described in the Plans and Contract Documents. LS 1 $1,420,880 $1,420,880 Total $1,420,880
Endelos Construction LLC
Police Department Generator and Electrical Upgrades (PLA Project) CIP 20-04 Engineering & Public Works Department

CORPORATE CERTIFICATE
I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then ______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then _______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

Corporate Seal:

PARTNERSHIP CERTIFICATE
STATE OF ______________________________)
) ss
COUNTY OF _____________________________)
On this __________ day of ___________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared:
_____________________________________________________________ ____________________________ (Notary Seal)
known to me to be _________________________________of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same.

Signature: _______________________________________________________________ Name (Type or Print): _____________________________________________________ (Notary Public in and for said County and State)
My Commission expires: __________________________________________________

RESOLUTION NO. 2024 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) REJECTING ALL BIDS RECEIVED ON MAY 9, 2024 FOR THE POLICE DEPARTMENT GENERATOR AND ELECTRICAL UPGRADES PROJECT, CIP NO. 20-04; 2) AWARDING A

CONTRACT TO ENDELOS CONSTRUCTION LLC IN THE NOT-TO-EXCEED AMOUNT OF $1,420,880 FOR THE POLICE DEPARTMENT GENERATOR AND ELECTRICAL UPGRADES PROJECT, CIP NO. 20-04; 3) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $213,132 FOR ANY UNFORESEEN CHANGES; 4) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; AND 5) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION OF $1,420,880 IN THE AMERICAN RESCUE PLAN ACT FUND FOR THE POLICE DEPARTMENT GENERATOR AND ELECTRICAL UPGRADES PROJECT.

WHEREAS, the Police Department Generator and Electrical Upgrades project, CIP No. 20-04 (“Project”), will involve reconfiguring the current electrical distribution system for the Police Department; and
WHEREAS, the Project will include the installation of a new standby generator system, transfer switches, electrical distribution equipment, mechanical components, a tank enclosure, an approximately 2,000-gallon double-wall tank, along with all necessary piping and controls; and WHEREAS, currently, the Police Department’s standby power system only covers the dispatch and server rooms, and emergency egress lighting, for a few hours of run time, and the new 300 kW generator in conjunction with the large capacity fuel tank will power 100% of the building loads for up to 96 hours; and
WHEREAS, on February 19, 2024, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on February 21st and February 22nd, 2024, the bid solicitation was advertised in the local newspaper; and
WHEREAS, on May 9, 2024, two (2) bids were received by the 1:00 p.m. deadline; and WHEREAS, both bidders submitted proposals that significantly exceeded the engineer’s estimate and, consequently, staff informed both bidders on June 6, 2024 that the City intended to readvertise the Project, which would include adjustments to the Project scope to align the bids with the budget allocations, after which the Project would be rebid; and WHEREAS, as a result of the excessive cost of the earlier bids, on August 28, 2024 staff re-advertised the Project on PlanetBids with a revised Project scope in order to receive bids within the budget allocations; and
WHEREAS, on September 26, 2024, four (4) bids were received by the 5:00 p.m. deadline; and
WHEREAS, upon a review of all documents submitted, Endelos Construction LLC’s bid in the total bid amount of $1,420,880 was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the Project specifications; and

WHEREAS, City staff recommends 1) rejecting all bids received on May 9, 2024 for the Police Department Generator and Electrical Upgrades project, CIP No. 20-04; 2) awarding a contract to Endelos Construction LLC in the not-to-exceed amount of $1,420,880 for the Police Department Generator and Electrical Upgrades project, CIP No. 20-04; 3) authorizing a 15% contingency in the amount of $213,132 for any unforeseen changes; 4) authorizing the Mayor to execute the contract; and 5) authorizing the establishment of an appropriation of $1,429,880 in the American Rescue Plan Act fund for the Project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby rejects all bids received on May 9, 2024, for the Police Department Generator and Electrical Upgrades project, CIP No. 20-04.

Section 2: That the City Council hereby authorizes the Mayor to execute the contract with Endelos Construction LLC in the not-to-exceed amount of $1,420,880 for the Police Department Generator and Electrical Upgrades project, CIP No. 20-04.

Section 3: That the City Council hereby authorizes a 15% contingency in the amount of $213,132 for any unforeseen changes.

Section 4: That the City Council hereby authorizes the establishment of an appropriation in the amount of $1,420,880 in the American Rescue Plan Act Fund for the Police Department Generator and Electrical Upgrades project.

Section 5: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 19th day of November, 2024.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Engineering
Prepared by: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Awarding a Contract to Huntington Beach Electric, Inc. for the Kimball Park Ballfield Lighting Improvements Project, CIP No. 24-10.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Huntington Beach Electric, Inc. in the Not-to-Exceed Amount of $228,800 for the Kimball Park Ballfield Lighting Improvements Project, CIP No. 24-10; 2) Authorizing a 15% Contingency in the Amount of $34,320 for any Unforeseen Changes; 3) Authorizing the Mayor to Execute the Contract; and 4) Authorizing the Establishment of an Appropriation of $228,800 in the American Rescue Plan Act Fund for the Kimball Park Ballfield Lighting Improvements Project.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

In 2023, as part of the Kimball Park Dog Park, Lighting and Tot Lot project, CIP No. 23-06, the contractor evaluated the existing ballfield lights to determine what repairs could be made given that several lights were not functioning. The outcome of that field inspection was that the existing lights have reached their useful life and are no longer serviceable. Due to the age and deteriorated condition of the lights, ballasts, and pole structures, the recommendation was to instead consider full replacement. Furthermore, the electrical system and controls are outdated and do not allow for efficient, remote operation of the lights. The Kimball Park Ballfield Lighting Improvements project, CIP No. 24-10 will construct the full replacement of the ballfield lighting and electrical system. The City Council authorized the purchase of the lighting and electrical system itself on October 15, 2024, at a cost of $292,350.

On August 23, 2024, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On September 20, 2024, four (4) bids were received by the 2:00 p.m. deadline and Huntington Beach Electric, Inc. was the apparent lowest bidder with a total bid amount of $228,800.

Upon review of all documents submitted, Huntington Beach Electric, Inc.’s bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications.

Staff recommends awarding a contract to Huntington Beach Electric, Inc. in the not-to-exceed amount of $228,800 and authorizing a 15% contingency in the amount of $34,320 to address any unforeseen conditions that may arise.

FINANCIAL STATEMENT:

Contract Award - $228,800 (new appropriation - ARPA)
Expenditure Account No. 117-10-18-18500-7598-1176117 (Kimball Park Lighting) 15% Contingency - $34,320 (funds available through prior appropriations - General Fund) Expenditure Account No. 100-10-18-18500-7598-1500100 (Facility Upgrades CIP) RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library
ENVIRONMENTAL REVIEW:

The project qualifies as a Categorical Exemption, consistent with CEQA Guidelines. Existing Facilities. CCR 15301(c).

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Bid Opening Summary
Exhibit B – Summary of Bid Items
Exhibit C – Owner-Contractor Agreement
Exhibit D – Resolution

Exhibit A

BID OPENING SUMMARY
NAME: Kimball Park Ballfield Lighting Improvements
CIP NO: 24-10
DATE: September 20, 2024
TIME: 2:00 P.M.

ESTIMATE: $300,000
PROJECT ENGINEER: Ricardo Rodriguez
NO. BIDDER’S NAME BID AMOUNT BID SECURITY
- BOND
1 Huntington Beach Electric, Inc.

P.O. Box 1626
Huntington Beach, CA 92647
$228,800 Bond
2 Ace Electric, Inc.
6061 Fairmount Ave
San Diego, CA 92120
$236,100 Bond
3 Cresttel
1662 N Magnolia Ave, #202
El Cajon, CA 92020
$295,000 Bond
4 M. Brey, Inc.
408 Elm Ave
Beaumont, CA 92223
$352,532.26 Bond

Exhibit B

SUMMARY OF BID ITEMS
NAME: Kimball Park Ballfield Lighting Improvements CIP NO: 24-10 DATE: September 20, 2024
TIME: 2:00 P.M. ESTIMATE: $300,000
PROJECT ENGINEER: Ricardo Rodriguez
Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Mobilization/Demobilization LS 1 $1,500.00 $1,500.00 $5,700.00 $5,700.00 $29,000.00 $29,000.00 2 Traffic Control LS 1 $1,800.00 $1,800.00 $3,500.00 $3,500.00 $10,000.00 $10,000.003 Surveying and Construction Staking LS 1 $2,000.00 $2,000.00 $8,100.00 $8,100.00 $10,000.00 $10,000.004 SWPPP, Water Pollution Control LS 1 $1,500.00 $1,500.00 $3,400.00 $3,400.00 $7,000.00 $7,000.005 Clearing and Grubbing LS 1 $2,000.00 $2,000.00 $69,800.00 $69,800.00 $8,000.00 $8,000.006 Unclassified Excavation LS 1 $30,000.00 $30,000.00 $37,300.00 $37,300.00 $24,000.00 $24,000.007 Install Lighting Cabinet and Equipment EA 1 $35,000.00 $35,000.00 $6,700.00 $6,700.00 $22,000.00 $22,000.008 Install Lighting Pole, Foundation and LED Luminaire EA 6 $10,000.00 $60,000.00 $6,700.00 $40,200.00 $18,000.00 $108,000.009 Furnish and Install #5 Pull Box EA 6 $2,500.00 $15,000.00 $2,400.00 $14,400.00 $6,000.00 $36,000.00 10 Furnish and Install #6 Pull Box EA 1 $5,000.00 $5,000.00 $2,000.00 $2,000.00 $10,000.00 $10,000.0011 Furnish and Install PVC Conduit with Mule Tape LS 1 $35,000.00 $35,000.00 $15,900.00 $15,900.00 $8,000.00 $8,000.0012 Furnish and Install Lighting Conductors LS 1 $30,000.00 $30,000.00 $23,500.00 $23,500.00 $7,000.00 $7,000.0013 Equipment Coordination and Delivery LS 1 $10,000.00 $10,000.00 $5,600.00 $5,600.00 $16,000.00 $16,000.00 Subtotal $228,800.00 $236,100.00 $295,000.00Total $228,800.00 $236,100.00 $295,000.00 Huntington Beach Electric, Inc. Ace Electric, Inc. Cresttel

OWNER - CONTRACTOR AGREEMENT

KIMBALL PARK BALLFIELD LIGHTING IMPROVEMENTS
CIP NO. 24-10
This Owner-Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Huntington Beach Electric Inc. (“Contractor”), PO Box 1626, Huntington Beach, CA 92647, on the 19th day of November, 2024, for the construction of the above referenced Project.

In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn-key manner in accordance with this Agreement and all documents and plans referenced in Exhibit “A”, (hereinafter “Contract Documents”), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner.

2. CONTRACT PRICE
Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit “B” attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn-key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions.

4. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age.

EXHIBIT C

5. AUTHORIZED OWNER REPRESENTATIVES
On behalf of the Owner, the Project Manager designated at the pre-construction meeting shall be the Owner’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement.

6. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement."

7. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

8. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested.

9. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner.

Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services.

10. LICENSES AND PERMITS
Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession.

Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

11. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch.

12. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 13, above:
(Initial) (Initial)

14. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

Owner: Contractor:

Huntington Beach Electric Inc.

Ron Morrison, Mayor (Owner/Officer signature)
Print name and title
APPROVED AS TO FORM:
(Second officer signature if a corporation)
By: __________________________________
Barry Schultz, City Attorney Print name and title
Contractor’s City Business License No.

State Contractor’s License No. and Class
Business street address
City, State and Zip Code

EXHIBIT A

CONTRACT DOCUMENTS
Owner/Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
San Diego County Regional Standard Drawings
City of National City Standard Drawings
Standard Specifications for Public Works Construction and Regional Supplements (Greenbook)
State Standard Specifications
State Standard Plans
California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies
Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards
Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project.

EXHIBIT B

CONTRACT PRICE
(NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS)

Item Num Description Unit Quantity Unit Price Line Total 1 Mobilization/Demobilization LS 1 $1,500.00 $1,500.00
2 Traffic Control LS 1 $1,800.00 $1,800.00
3 Surveying and Construction Staking LS 1 $2,000.00 $2,000.00 4 SWPPP, Water Pollution Control LS 1 $1,500.00 $1,500.00 5 Clearing and Grubbing LS 1 $2,000.00 $2,000.00
6 Unclassified Excavation LS 1 $30,000.00 $30,000.00
7 Install Lighting Cabinet and Equipment EA 1 $35,000.00 $35,000.00 8 Install Lighting Pole, Foundation and LED LuminaireEA 6 $10,000.00 $60,000.00 9 Furnish and Install #5 Pull Box EA 6 $2,500.00 $15,000.00 10 Furnish and Install #6 Pull Box EA 1 $5,000.00 $5,000.00 11 Furnish and Install PVC Conduit with Mule Tape LS 1 $35,000.00 $35,000.00 12 Furnish and Install Lighting Conductors LS 1 $30,000.00 $30,000.00 13 Equipment Coordination and Delivery LS 1 $10,000.00 $10,000.00 Subtotal $228,800.00
Total $228,800.00
Huntington Beach Electric
Inc
KIMBALL PARK BALLFIELD LIGHTING IMPROVEMENTS CIP 24-10
Engineering & Public Works Department

CORPORATE CERTIFICATE
I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then ______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then _______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

Corporate Seal:

PARTNERSHIP CERTIFICATE
STATE OF ______________________________)
) ss
COUNTY OF _____________________________)
On this __________ day of ___________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared:
_____________________________________________________________ ____________________________ (Notary Seal)
known to me to be _________________________________of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same.

Signature: _______________________________________________________________ Name (Type or Print): _____________________________________________________ (Notary Public in and for said County and State)
My Commission expires: __________________________________________________

PERFORMANCE BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2024- _____, on the 19th day of November, 2024, has awarded Huntington Beach Electric Inc., hereinafter designated as the "Principal", the KIMBALL PARK BALLFIELD LIGHTING IMPROVEMENTS, CIP No. 24-10
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

NOW, THEREFORE, we, the Principal and
___________________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two Hundred Twenty Eight Thousand, Eight Hundred ($228,800.00) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such

change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications.

In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court.

IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the ________ day of ____________, 20____. ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) Surety Principal

PERFORMANCE BOND

ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF ______________________________ )
) ss
COUNTY OF _____________________________)
On this______ day of ______________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ____________________________________________ known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the ____________________________________________, the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.

NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney-in-fact must attach a
certified copy of the Power of
Attorney.

Signature: _______________________________________________________________ Name (Type or Print): _____________________________________________________ Notary Public in and for said County and State
My Commission expires: __________________________________________________

PAYMENT BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2021- _____, on the 19th day of November, 2024 has awarded Huntington Beach Electric Inc., hereinafter designated as the "Principal”, the KIMBALL PARK BALLFIELD LIGHTING IMPROVEMENTS, CIP No. 24-10
WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and __________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two Hundred Twenty Eight Thousand, Eight Hundred ($228,800.00) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court.

This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the ________ day of _____________________, 20____. ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) Surety Principal

ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF ______________________________ )
) ss
COUNTY OF _____________________________)
On this day _______ of __________________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ____________________________________________ known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the ____________________________________________, the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.

NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney-in-fact must attach a
certified copy of the Power of
Attorney.

Signature:

Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires:

ATTACH ALL BONDS

RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AWARDING A CONTRACT TO HUNTINGTON BEACH ELECTRIC, INC. IN THE NOT-TOEXCEED AMOUNT OF $228,800 FOR THE KIMBALL PARK BALLFIELD LIGHTING IMPROVEMENTS PROJECT, CIP NO. 24-10; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $34,320 FOR ANY UNFORESEEN CHANGES; 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; AND 4) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION OF $228,800 IN THE AMERICAN RESCUE PLAN ACT FUND FOR THE KIMBALL PARK BALLFIELD LIGHTING IMPROVEMENTS PROJECT.

WHEREAS, the existing Kimball Park ballfield lights have reached their useful life and are no longer serviceable and, therefore, full replacement is necessary; and WHEREAS, the Kimball Park Ballfield Lighting Improvements project, CIP No. 24-10 (“Project”) is a component of the revised American Rescue Plan Act (“ARPA”) Spending Plan approved by the City Council on April 16, 2024, and will construct the full replacement of the ballfield lighting and electrical system; and
WHEREAS, on August 23, 2024, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on September 20, 2024, four (4) bids were received by the 2:00 p.m. deadline; and
WHEREAS, upon review of all documents submitted, Huntington Beach Electric, Inc.’s bid in the total bid amount of $228,800 was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the Project specifications; and WHEREAS, City staff recommends 1) awarding a contract to Huntington Beach Electric, Inc. in the not-to-exceed amount of $228,800 for the Kimball Park Ballfield Lighting Improvements project, CIP No. 24-10; 2) authorizing a 15% contingency in the amount of $34,320 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; and 4) authorizing the establishment of an appropriation of $228,800 in the ARPA fund for the Project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby authorizes the Mayor to execute the contract with Huntington Beach Electric, Inc. in the not-to-exceed amount of $228,800 for the Kimball Park Ballfield Lighting Improvements project, CIP No. 24-10.

Section 2: That the City Council hereby authorizes a 15% contingency in the amount of $34,320 for any unforeseen changes.

Section 3: That the City Council hereby authorizes the establishment of an appropriation in the amount of $228,800 in the American Rescue Plan Act fund for the Kimball Park Ballfield Lighting Improvements project.

Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 19th day of November, 2024.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Awarding a Contract to Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractors for the FY24 and FY25 Pavement Rehabilitation Project, CIP NO. 23-15.

RECOMMENDATION:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Rejecting All Bids Received on May 21, 2024 for the FY24 and FY25 Pavement Rehabilitation Project, CIP No. 23-15; 2) Awarding a Contract to Martin Marietta San Diego Aggregates, LLC dba ATP General Engineering Contractors in the Not-to-Exceed Amount of $5,732,474 for the FY24 and FY25 Pavement Rehabilitation Project, CIP No. 23-15; 3) Authorizing a 10% Contingency in the Amount of $573,247 for any Unforeseen Changes; and 4) Authorizing the Mayor to Execute the Contract.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The FY24 and FY25 Pavement Rehabilitation Project, CIP No. 23-15 will perform pavement rehabilitation through mill and overlay methods, as well as a Type II slurry seal at various locations (refer to Exhibit A). The improvement areas were prioritized based on a previous pavement conditions survey, field investigations, and requests from the public. Staff also applied an equitable approach to developing the project by ensuring improvements were proposed throughout the City, rather than limiting improvements to one or two geographic areas.

The City-Wide Pedestrian Safety Enhancement Project, CIP No. 22-16, which is funded in part by a Highway Safety Improvement Program (HSIP) grant, was included with the bid package to take advantage of competitive pricing typically realized when quantities for similar line items of work increase.

On April 26, 2024, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors, in accordance with the City’s Project Labor Agreement (PLA) provisions, in addition to advertising in the local newspaper.

On May 21, 2024, two (2) bids were received by the 5:00 p.m. deadline, both of which significantly exceeded the engineer’s estimate. Consequently, on June 6, 2024, staff informed both bidders that the City was rejecting all submitted bids. Staff also indicated that adjustments would be made to the project scope to better align future bids with current budget allocations, after which the project would be rebid.

As a result of this outcome, on August 19, 2024, staff re-advertised the project on PlanetBids, in accordance with the City’s PLA provisions, in addition to advertising in the local newspaper. On September 13, 2024, four (4) bids were received by the 5:00 p.m. deadline. RAL Investment Corporation was the apparent lowest bidder with a total bid amount of $6,269,983.11.

After reviewing all submitted documents, RAL Investment Corporation’s bid was determined to be non-responsive and was rejected due to the bidder's failure to sign the Verification and Execution document. The non-responsive bid notice was sent to RAL Investment Corporation on October 4, 2024. Consequently, staff reviewed the documents submitted by the second lowest bidder, Martin Marietta San Diego Aggregates, LLC, dba ATP General Engineering Contractor (ATP), who submitted a total bid amount of $6,745,176.10. Upon review, the bid from ATP was deemed responsive, making their bid the lowest, responsive bid. ATP is also the lowest responsible bidder qualified to perform the work as outlined in the project specifications.

After reviewing the bid submitted by ATP, it was determined that costs proposed for the City-Wide Pedestrian Safety Enhancement Project, CIP No. 22-16 were significantly higher than the amount of grant funds available to pay for construction. As a result, staff decided to remove the City-Wide Pedestrian Safety Enhancement Project from the scope of work, which was ultimately accepted by ATP. With the removal of the City-Wide Pedestrian Safety Enhancement Project from the contract scope of work, the total contract amount was reduced to $5,732,474.

Staff intends to make adjustments to the scope of work for the City-Wide Pedestrian Safety Enhancement Project to better align future bids with current budget allocations, after which the project will be rebid separately.

Attached are the bid opening summary sheet (Exhibit B) and a line item summary of the three lowest bidders (Exhibit C) for reference. Also attached is the Owner-Contractor Agreement (Exhibit D).

Staff recommends awarding a contract to Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractor in the not-to-exceed amount of $5,732,474 and authorizing a 10% contingency in the amount of $573,247 to address any unforeseen conditions that may arise.

Construction is estimated to start in January 2025 and be completed by August 2025. Updates will be provided on the City’s CIP website at: http://nationalcityprojects.com.

FINANCIAL STATEMENT:

Contract Award
$3,070,000 (funds available through prior appropriations - SB1-RMRA Gas Tax) Expenditure Account No. 109-10-18-18500-7598-6035109 (Street Resurfacing) $2,662,474 (funds available through prior appropriations - TransNet) Expenditure Account No. 307-10-18-18500-7598-6035307 (Street Resurfacing) 10% Contingency
$573,247 (funds available through prior appropriations - TransNet) Expenditure Account No. 307-10-18-18500-7598-6035307 (Street Resurfacing) RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure

ENVIRONMENTAL REVIEW:

Notice of Exemption was filed with the County Recorder’s Office on October 24, 2024.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Location Map
Exhibit B – Bid Opening Summary
Exhibit C – Three Lowest Bidders Summary
Exhibit D – Owner-Contractor Agreement
Exhibit E – Resolution

Slurry
Mill & Pave
Project Limits

EXHIBIT A
Area 1
Area 2
Area 6
Area 3
Area 4
Area 5
FY24 and FY25 Pavement Rehabilitation Project CIP NO. 23-15 Page 447 of 1135

BID OPENING SUMMARY
NAME: FY24 and FY25 Pavement Rehabilitation project
CIP NO: 23-15
DATE: September 13, 2024
TIME: 5:00 P.M.

ESTIMATE: $4,300,000
PROJECT ENGINEER: Luca Zappiello P.E.

NO. BIDDER’S NAME BASE BID AMOUNT
1 RAL Investment Corporation
10065 Old Grove Road Suite 200
San Diego, California 92131
$6,269,983.11
2 ATP General Engineering Contractors a
Division of Martin Marietta SD Aggs, LLC
4211 Ponderosa Ave Ste C
San Diego, California 92123
$6,745,176.10
3 Griffith Company
13400 Sabre Spring Parkway Suite 200
San Diego, California 92128
$8,080,808.00
4 Nationwide Contracting Services, Inc
7660 Liberty Dr
Huntington Beach, California 92647
$9,625,424.80

No Unit Amount Description
Unit
Price Line Total
Unit
Price Line Total
Unit
Price Line Total
4th St. - NC Blvd. to I-805 Bridge
1 LS 1 Moblization $20,922 $20,922 $80,000 $80,000 $7,500 $7,500 2 LS 1 Traffic Control $4,919 $4,919 $65,000 $65,000 $70,000 $70,000 3 LS 1 SWPPP, Water Quality Control $1,093 $1,093 $4,450 $4,450 $16,000 $16,000 4 SF 174200 Cold Mill Asphalt Pavement - 1.5" De $1 $88,842 $0 $80,132 $1 $87,100 5 CY 100 Removal, disposal and replacement $230 $23,000 $309 $30,900 $475 $47,500 6 TN 1570 1.5" Asphalt Concrete (AC) Pavemen $164 $257,480 $140 $219,800 $186 $292,020 7 TN 490 6" Asphalt Concrete (AC) Digouts $235 $115,150 $469 $229,810 $525 $257,250 8 EA 21 Type E Traffic Loops $492 $10,332 $450 $9,450 $800 $16,800 9 EA 8 Type E Modified Traffic Loops $492 $3,936 $450 $3,600 $900 $7,200 10 EA 2 Type Q Loops $492 $984 $450 $900 $900 $1,800
11 EA 4 Replace Manhole Ring and Cover $1,640 $6,560 $4,585 $18,340 $3,500 $14,000 12 LS 1 Roadway Striping/Markings (In Kind) $87,993 $87,993 $97,630 $97,630 $105,000 $105,000 Subtotal $621,211 $840,012 $922,170
G Ave. - N. of E 28th Ave.
13 LS 1 Moblization $547 $547 $5,000 $5,000 $3,500 $3,500 14 LS 1 Traffic Control $1,640 $1,640 $12,000 $12,000 $4,000 $4,000 15 LS 1 SWPPP, Water Quality Control $1,093 $1,093 $1,250 $1,250 $400 $400 16 SF 5100 Cold Mill Asphalt Pavement - 3" Dep $2 $10,200 $1 $4,845 $2 $11,220 17 TN 92 3" Asphalt Concrete (AC) Pavement w $286 $26,312 $140 $12,880 $313 $28,796 18 LS 1 Roadway Striping/Markings (In Kind) $2,733 $2,733 $1,020 $1,020 $1,100 $1,100 Subtotal $42,525 $36,995 $49,016
I Ave. - 18th St. to 24th St.
19 LS 1 Moblization $547 $547 $20,000 $20,000 $3,500 $3,500 20 LS 1 Traffic Control $874 $874 $20,000 $20,000 $40,000 $40,000 21 LS 1 SWPPP, Water Quality Control $1,093 $1,093 $1,250 $1,250 $8,500 $8,500 22 SF 42750 Cold Mill Asphalt Pavement - 1.5" De $0 $20,520 $1 $21,375 $1 $27,788 23 CY 50 Removal, disposal and replacement $350 $17,489 $309 $15,450 $285 $14,250 24 TN 385 1.5" Asphalt Concrete (AC) Pavemen $172 $66,070 $140 $53,900 $185 $71,225 25 TN 112 4" Asphalt Concrete (AC) Digouts $312 $34,890 $469 $52,528 $570 $63,840 26 SY 4170 Type II Slurry W/Polymer (21st to 24 $2 $9,549 $4 $16,555 $3 $10,425 Engineering & Public Works Department
FY24 & FY25 Pavement Rehab CIP 23-15 and Pedestrian Safety Enhancements CIP 22-16 (PLA project) Bid Opening Date: 9/13/2024
RAL Investment Corp
10065 Old Grove
Road
ATP General Eng
4211 Ponderosa Ave
San Diego, 92123
Griffith Company
13400 Sabre Spring
San Diego 92128
Engineer's Estimate: FY24 & FY25 Pavement Rehab $4,300,000 and Pedestrian Safety Enhancements $500,000

RAL Investment Corp
10065 Old Grove
Road
ATP General Eng
4211 Ponderosa Ave
San Diego, 92123
Griffith Company
13400 Sabre Spring
San Diego 92128
27 EA 4 Replace Manhole Ring and Cover $1,640 $6,558 $4,585 $18,340 $3,500 $14,000 28 LS 1 Roadway Striping/Markings (In Kind) $18,582 $18,582 $12,204 $12,204 $13,500 $13,500 Subtotal $176,172 $231,602 $267,028
Olive Ave. - 8th St. to Plaza St.
29 LS 1 Moblization $547 $547 $12,000 $12,000 $2,500 $2,500 30 LS 1 Traffic Control $1,640 $1,640 $16,000 $16,000 $17,000 $17,000 31 LS 1 SWPPP, Water Quality Control $1,093 $1,093 $1,250 $1,250 $400 $400 32 SF 27200 Cold Mill Asphalt Pavement - 2" Dep $1 $19,312 $1 $16,864 $1 $17,680 33 TN 380 2" Asphalt Concrete (AC) Pavement w $196 $74,351 $140 $53,200 $185 $70,300 34 LS 1 Roadway Striping/Markings (In Kind) $17,052 $17,052 $3,552 $3,552 $4,000 $4,000 Subtotal $113,995 $102,866 $111,880
Earle Dr. - Harbison to 16th
35 LS 1 Moblization $1,640 $1,640 $12,000 $12,000 $2,500 $2,500 36 LS 1 Traffic Control $4,919 $4,919 $18,000 $18,000 $23,000 $23,000 37 LS 1 SWPPP, Water Quality Control $1,093 $1,093 $1,250 $1,250 $8,000 $8,000 38 SF 44000 Cold Mill Asphalt Pavement - 1.5" De $1 $28,600 $0 $20,680 $1 $28,600 39 CY 2 Removal, disposal and replacement $1,640 $3,280 $309 $618 $25 $50 40 TN 400 1.5" Asphalt Concrete (AC) Pavemen $196 $78,264 $140 $56,000 $185 $74,000 41 TN 2 6" Asphalt Concrete (AC) Digouts $1,640 $3,280 $469 $938 $570 $1,140 42 EA 1 Reset Survey Monument $1,640 $1,640 $500 $500 $5,000 $5,000 43 LS 1 Roadway Striping/Markings (In Kind) $19,238 $19,238 $9,552 $9,552 $11,000 $11,000 Subtotal $141,954 $119,538 $153,290
Seawind, Calle Delgado, Meadow Dr.
44 LS 1 Moblization $547 $547 $10,000 $10,000 $2,500 $2,500 45 LS 1 Traffic Control $1,640 $1,640 $13,000 $13,000 $16,000 $16,000 46 LS 1 SWPPP, Water Quality Control $1,093 $1,093 $1,250 $1,250 $400 $400 47 SF 24000 Cold Mill Asphalt Pavement - 1.5" De $1 $17,520 $0 $11,520 $1 $15,600 48 TN 220 3" Asphalt Concrete (AC) Pavement w $273 $60,119 $140 $30,800 $185 $40,700 49 LS 1 Roadway Striping/Markings (In Kind) $18,582 $18,582 $4,620 $4,620 $5,000 $5,000 Subtotal $99,501 $71,190 $80,200
Area 1
50 LS 1 Moblization $3,826 $3,826 $75,000 $75,000 $15,000 $15,000 51 LS 1 Traffic Control $8,198 $8,198 $60,000 $60,000 $75,000 $75,000 52 LS 1 SWPPP, Water Quality Control $1,093 $1,093 $4,450 $4,450 $8,000 $8,000 53 SY 36500 Type II Slurry W/Polymer $2 $83,585 $3 $110,960 $3 $91,250 54 SF 180150 Cold Mill Asphalt Pavement - 1.5" De $0 $63,053 $0 $82,869 $1 $117,098 55 TN 1625 1.5" Asphalt Concrete (AC) Pavemen $169 $275,308 $140 $227,500 $184 $299,000 56 TN 120 6" Asphalt Concrete (AC) Digouts $350 $41,974 $469 $56,280 $570 $68,400 57 EA 8 Reset Survey Monuments $1,640 $13,117 $500 $4,000 $5,000 $40,000 58 LS 1 Roadway Striping/Markings (In Kind)$410,996 $410,996 $114,426 $114,426 $125,000 $125,000 Subtotal $901,149 $735,485 $838,748
Area 2
59 LS 1 Moblization $10,931 $10,931 $100,000 $100,000 $15,000 $15,000 60 LS 1 Traffic Control $22,955 $22,955 $80,000 $80,000 $45,000 $45,000

RAL Investment Corp
10065 Old Grove
Road
ATP General Eng
4211 Ponderosa Ave
San Diego, 92123
Griffith Company
13400 Sabre Spring
San Diego 92128
61 LS 1 SWPPP, Water Quality Control $1,093 $1,093 $5,520 $5,520 $250 $250 62 SY 107500 Type II Slurry W/Polymer $2 $247,250 $3 $318,200 $3 $268,750 63 SF 262300 Cold Mill Asphalt Pavement - 1.5" De $0 $76,067 $0 $123,281 $1 $170,495 64 TN 2360 1.5" Asphalt Concrete (AC) Pavemen $164 $386,946 $140 $330,400 $191 $450,760 65 TN 35 6" Asphalt Concrete (AC) Digouts $383 $13,390 $469 $16,415 $570 $19,950 66 EA 6 Reset Survey Monuments $1,640 $9,840 $500 $3,000 $5,000 $30,000 67 LS 1 Roadway Striping/Markings (In Kind)$277,641 $277,641 $80,860 $80,860 $90,000 $90,000 Subtotal $1,046,113 $1,057,676 $1,090,205
Area 3
68 LS 1 Moblization $3,826 $3,826 $40,000 $40,000 $3,500 $3,500 69 LS 1 Traffic Control $8,198 $8,198 $25,000 $25,000 $40,000 $40,000 70 LS 1 SWPPP, Water Quality Control $1,093 $1,093 $1,800 $1,800 $8,000 $8,000 71 SY 39200 Type II Slurry W/Polymer $2 $89,768 $3 $117,992 $3 $98,000 72 SF 60750 Cold Mill Asphalt Pavement - 1.5" De $0 $28,553 $0 $28,553 $1 $39,488 73 TN 550 1.5" Asphalt Concrete (AC) Pavemen $177 $97,394 $140 $77,000 $185 $101,750 74 TN 295 6" Asphalt Concrete (AC) Digouts $273 $80,535 $469 $138,355 $570 $168,150 75 LS 1 Roadway Striping/Markings (In Kind) $36,399 $36,399 $12,588 $12,588 $13,500 $13,500 Subtotal $345,766 $441,288 $472,388
Area 4
76 LS 1 Moblization $1,640 $1,640 $13,000 $13,000 $20,000 $20,000 77 LS 1 Traffic Control $3,279 $3,279 $18,000 $18,000 $20,000 $20,000 78 LS 1 SWPPP, Water Quality Control $1,093 $1,093 $1,250 $1,250 $8,000 $8,000 79 SY 15200 Type II Slurry W/Polymer $2 $34,808 $3 $47,424 $3 $38,000 80 SF 35500 Cold Mill Asphalt Pavement - 1.5" De $1 $18,815 $0 $16,685 $1 $23,075 81 TN 320 1.5" Asphalt Concrete (AC) Pavemen $197 $63,040 $140 $44,800 $190 $60,800 82 EA 12 Reset Survey Monuments $1,640 $19,680 $500 $6,000 $5,000 $60,000 83 LS 1 Roadway Striping/Markings (In Kind) $20,113 $20,113 $2,844 $2,844 $3,200 $3,200 Subtotal $162,468 $150,003 $233,075
Area 5
84 LS 1 Moblization $3,061 $3,061 $55,000 $55,000 $12,000 $12,000 85 LS 1 Traffic Control $6,558 $6,558 $60,000 $60,000 $62,000 $62,000 86 LS 1 SWPPP, Water Quality Control $1,093 $1,093 $4,450 $4,450 $8,000 $8,000 87 SY 30600 Type II Slurry W/Polymer $2 $70,074 $3 $93,636 $3 $76,500 88 SF 150400 Cold Mill Asphalt Pavement - 1.5" De $0 $42,112 $0 $70,688 $1 $97,760 89 TN 1355 1.5" Asphalt Concrete (AC) Pavemen $164 $222,220 $140 $189,700 $184 $249,320 90 TN 105 6" Asphalt Concrete (AC) Digouts $328 $34,440 $469 $49,245 $570 $59,850 91 EA 3 Type E Traffic Loop $492 $1,476 $450 $1,350 $800 $2,400 92 EA 1 Type E Modified Traffic Loop $492 $492 $450 $450 $900 $900 93 LS 1 Roadway Striping/Markings (In Kind)$135,869 $135,869 $76,856 $76,856 $85,000 $85,000 Subtotal $517,395 $601,375 $653,730
Area 6
94 LS 1 Moblization $2,733 $2,733 $70,000 $70,000 $15,000 $15,000 95 LS 1 Traffic Control $6,012 $6,012 $80,000 $80,000 $95,000 $95,000 96 LS 1 SWPPP, Water Quality Control $1,093 $1,093 $4,450 $4,450 $12,000 $12,000

RAL Investment Corp
10065 Old Grove
Road
ATP General Eng
4211 Ponderosa Ave
San Diego, 92123
Griffith Company
13400 Sabre Spring
San Diego 92128
97 SY 26600 Type II Slurry W/Polymer $2 $60,914 $3 $80,864 $3 $66,500 98 SF 233900 Cold Mill Asphalt Pavement - 1.5" De $0 $70,170 $0 $109,933 $1 $152,035 99 TN 2105 1.5" Asphalt Concrete (AC) Pavemen $158 $333,621 $140 $294,700 $187 $393,635 100 TN 255 6" Asphalt Concrete (AC) Digouts $240 $61,320 $469 $119,595 $570 $145,350 101 EA 3 Type E Traffic Loop $492 $1,476 $450 $1,350 $800 $2,400 102 EA 1 Type E Modified Traffic Loop $492 $492 $450 $450 $900 $900 103 LS 1 Roadway Striping/Markings (In Kind) $67,224 $67,224 $18,396 $18,396 $20,000 $20,000 Subtotal $605,055 $779,738 $902,820
BID ALTERNATE 1 - L Ave. - 16th St. to 30th.
104 LS 1 Moblization $1,580 $1,580 $10,000 $10,000 $5,000 $5,000 105 LS 1 Traffic Control $3,687 $3,687 $25,000 $25,000 $80,000 $80,000 106 LS 1 SWPPP, Water Quality Control $1,023 $1,023 $4,450 $4,450 $12,000 $12,000 107 SF 176500 Cold Mill Asphalt Pavement - 1.5" De $0 $82,955 $0 $82,955 $1 $88,250 108 CY 100 Removal, disposal and replacement $158 $15,800 $309 $30,900 $475 $47,500 109 TN 1600 1.5" Asphalt Concrete (AC) Pavemen $158 $252,800 $140 $224,000 $189 $302,400 110 TN 290 6" Asphalt Concrete (AC) Digouts $226 $65,540 $469 $136,010 $750 $217,500 111 EA 6 Type E Traffic Loops $474 $2,844 $450 $2,700 $800 $4,800 112 EA 3 Type E Modified Traffic Loops $474 $1,422 $450 $1,350 $900 $2,700 113 EA 2 Replace Manhole Ring and Cover $1,580 $3,160 $4,585 $9,170 $3,500 $7,000 114 EA 1 Reset Survey Monument $1,580 $1,580 $500 $500 $5,000 $5,000 115 LS 1 Roadway Striping/Markings (In Kind) $34,236 $34,236 $24,672 $24,672 $28,000 $28,000 Subtotal $466,627 $551,707 $800,150
BID ALTERNATE 2
116 EA 26 Reset Survey Monuments (Througho $1,580 $41,080 $500 $13,000 $5,000 $130,000 Subtotal $41,080 $13,000 $130,000
Pedestrian Safety Enhancements project CIP 22-16
117 LS 1 Mobilization/Demobilization $22,720 $22,720 $10,000 $10,000 $15,000 $15,000 118 LS 1 Water Polution Control $1,103 $1,103 $1,000 $1,000 $15,000 $15,000 119 LS 1 Surveying and Construction Staking $3,862 $3,862 $4,500 $4,500 $20,000 $20,000 120 LS 1 Traffic Control and Pedestrian Contr $552 $552 $31,050 $31,050 $85,000 $85,000 121 LS 1 Construct ADA Curb Ramp (All Types $16,552 $16,552 $29,400 $29,400 $48,000 $48,000 122 SF 165 Construct Typical Pavement Section $50 $8,250 $28 $4,620 $80 $13,200 123 LS 1 Clearing and Grubbing $7,172 $7,172 $10,000 $10,000 $16,000 $16,000 124 LS 1 Signing and Striping $105,932 $105,932 $63,420 $63,420 $70,000 $70,000 125 LS 1 Traffic Signal Modification $693,415 $693,415 $628,400 $628,400 $744,033 $744,033 126 LS 1 Construct PCC Rolled Curb per SDRS $4,966 $4,966 $5,800 $5,800 $40,000 $40,000 127 SY 1470 Place Type II Slurry Seal $2 $3,396 $6 $8,585 $31 $45,570 128 SF 23337 Construct 1.5" Mill and Overlay $3 $60,443 $4 $86,347 $6 $149,357 129 SF 5225 Remove and Dispose Existing 6" Pav $12 $60,610 $25 $129,580 $22 $114,950 Subtotal $988,973 $1,012,702 $1,376,110
Total $6,269,983 $6,745,176 $8,080,808