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Bid Number: RFP 011723 Vendor Name: CNH Industrial America LLC
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Bid Number: RFP 011723 Vendor Name: CNH Industrial America LLC
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Bid Number: RFP 011723 Vendor Name: CNH Industrial America LLC
Bid Number: RFP 011723 Vendor Name: CNH Industrial America LLC Table 14C: Required Offering of Equipment
Indicate below if the proposer's proposal includes at least one (1) of the following listed types or classes of equipment. Provide additional comments in the text box provided, as necessary.
Line Item Category or Type Offered Comments
78 Wheel loader with published net horsepower (HP)
of at least 300 HP
Yes
No
CASE Construction offers two Wheel
Loader's with published net
horsepower (HP) of at least 300 HP.
79 Wheeled or tracked excavator with a published net
horsepower (HP) of at least 150 HP
Yes
No
Case Construction provides (10) full-
sized excavators with a published net
horsepower (HP) of at least 150 HP.
80 Motor Grader with a published maximum operating
weight of at least 30,000 lbs.
Yes
No
Case construction has (1) Motor
Grader with a published maximum
operating weight of at least 30,000 lbs.
81 Rough terrain, all terrain, crawler, floating, lattice, or telescopic crane with a published maximum lifting
capacity of at least 300 tons and a published
maximum boom length of at least 150 feet
Yes
No
CNH INDUSTRIAL (Case New Holland
Industrial) does not have Cranes in its
current offering.
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
Documents
Ensure your submission document(s) conforms to the following :
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcew ell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - CNHI Price pages.zip - Friday January 13, 2023 07:29:27 Financial Strength and Stability - CNHI Annual report & Sustanibility report.zip - Friday January 13, 2023 07:37:31 Marketing Plan/Samples - Buyers Guide back page.docx - Friday January 13, 2023 07:21:33 WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information - CNHI Warranty.zip - Friday January 13, 2023 07:32:04 Standard Transaction Document Samples - NH CE and Case CE matrix.zip - Thursday January 12, 2023 14:43:50 Upload Additional Document - CNHI awards, certificates & licenses & Brochures.zip - Friday January 13, 2023 09:54:58
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Bid Number: RFP 011723 Vendor Name: CNH Industrial America LLC
RESOLUTION NO. 2025 -
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 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL CONTRACT # 011723-CNH WITH SONSRAY MACHINERY FOR THE PURCHASE OF A CASE CONSTRUCTION 2025 570N EP CAB TRACTOR LOADER IN A NOT -TO-EXCEED AMOUNT OF $ 128,000 FOR THE PUBLIC WORKS PARKS DIVISION; AND 2) AUTHORIZING THE CITY MANAGER TO APPROVE ADJUSTMENTS OF UP TO $ 12,800 TO THE NOT -TO-EXCEED AMOUNT FOR T HE PURCHASE AS A 10% CONTINGENCY FOR UNFORESEEN FLUCTUATIONS IN PRICING.
WHEREAS, the Public Works Parks Division utilizes a utility tractor to assist with parks maintenance, tree removals, and weed abatement of vacant lots citywide, which has exceeded its useful life of fifteen years and is scheduled to be replaced; and WHEREAS, the City of National City has an opportunity to piggyback onto the Sourcewell Contract # 011723-CNH with Sonsray Machinery to allow for the purchase of a new tractor, the Case Construction 2025 570N EP Cab Tractor Loader; and
WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City’s procurement procedures, 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 the Sourcewell Contract # 011723-CNH with Sonsray Machinery was competitively bid through a Request for Proposals process, and that the Sourcewell procurement procedures are in substantial compliance w ith those of National City; 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 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell Contract # 011723-CNH with Sonsray Machinery for the purchase of a Case Construction 2025 570N EP Cab Tractor Loader in a not- to-exceed amount of $128,000 for the Public Works Parks Division. .
Section 2: That the City Council hereby authorizes the City Manager to approve adjustments of up to $12,800 to the not-to-exceed amount for the purchase as a 10% contingency for unforeseen fluctuations in pricing.
Section 3: 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 2nd day of September, 2025.
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: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, September 2, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:
Authorizing the Purchase of an Enforcer Aerial Ladder Truck for the National City Fire Department
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Waiving the Formal Bid Process Pursuant to N ational City Municipal Code Section 2.60.260 Regarding Cooperative P urchasing and Authorizing the City to Piggyback o nto Houston- Galveston Area Council Contract # FS12 -23 with South Coast Fire Equipment for the Purchase of an Enforcer Pierce 107 Ascendant Aerial Fire Tr uck in a Not-to-Exceed Amount of $2,130,947.26 for the National City Fire Department.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The National City Fire Department’s current Reserve Ladder Truck has been in service for 15 years and the Front-Line Ladder Truck has been in service for over 10 years, both exceeding the useful and optimum life cycle of 10 years. The lead build-time for a new Aerial Ladder Truck is currently estimated to be about three to four years, which would push the reserve to almost 20 years and the front-line to almost 15 years by the time a new Ladder Truck is delivered.
Due to this lead build-time, staff will need to provide the vendor with a Purchase Order as soon as possible to place the order to start the build. Staff requests the approval to purchase one (1) Enforcer Pierce 107 Ascendant Aerial Fire Truck for National City Fire Department in a not-to- exceed amount of $2,130,947.26 to be purchased in Fiscal Year 2029. When the Ladder Truck is completed in FY29, payment will be due upon delivery.
Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the H-GAC Contract # FS12- 23 with South Coast Fire Equipment to allow for the purchase of one (1) Enforcer Pierce 107 Ascendant Aerial Fire Truck.
NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportuni ties, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow procurement that is in the best interests of the City.
The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the
contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase.
National City’s Purchasing staff has confirmed that the H-GAC Contract # FS12 -23 with South Coast Fire Equipment was competitively bid through a Request for Proposals (RFP) process, and that the H-GAC procurement procedures are in substantial compliance with those of National City.
FINANCIAL STATEMENT:
No up-front resources are required to order the Aerial Ladder Truck. Appropriations in the amount of $2,130,947.26 for the purchase of the Aerial Ladder Truck will be included in the Fiscal Year 2029 budget in the Vehicle Acquisition Internal Service Fund (ISF) , which will have sufficient resources to make the purchase . The General Fund will subsequently reimburse the Vehicle Acquisition Fund over a 10-to-12-year period.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Public Safety
ENVIRONMENTAL REVIEW:
This is not a project under CEQA , and is therefore , not subject to environmental review.
CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – South Coast Fire Equipment Quote
Exhibit B – H-GAC Contract FS12-23
Exhibit C – Resolution
Extension
( 1 )
1,957,643.00$
Sales Tax @ 8.750% 171,293.76$
2,128,936.76$
Performance Bond -$
California Tire Fee 10.50$
Consortium Fee HGAC Fee Contract #FS12-23 2,000.00$
2,130,947.26$
The above proposal price shall be valid until or extended in writing by South Coast Fire Equipment.
Said apparatus and equipment are to be built by the manfacturer and shipped in accordance with the specifications hereto attached, delays due to strikes, war or international conflict, failures to obtain chassis, materials, inability to obtain labor, supplies or manufacturing facilities, epidemics, acts of God, or causes beyond our control not preventing, delivery would be 45-48 months after receipt of this order and acceptance thereof at our office in Corona, California, and deliver to you at
PROPOSAL FOR FURNISHING FIRE APPARATUS
for final acceptance by South Coast Fire Equipment, Inc., at its corporate office in Corona, California, Each
August 18, 2025
NATIONAL CITY FIRE DEPARTMENT
The undersigned is prepared to provide for you, our customer, upon an order being placed by you, the apparatus and equipment herein named and for the following prices:
National City, CA. 91950
343 E. 16th Street
One
. The buyer must make the payment
within 15 days to obtain the full discount. Payments not received with in the 15 days are subject to an adjustment to the Total Purchase Price for the prepayment. 1,957,643.00$
Enforcer Pierce 107 Ascendant Aerial no
pump as per the enclosed proposal for
delivery sum
171,293.76$
-$
TOTAL PURCHASE PRICE
2,000.00$
10/18/25
Payment Terms - Payment is due of the Total Purchase Price at time of delivery. Changes to the specifications since the time of order can added to the Total Purchase Price or invoiced on a separate invoice. The final sales tax amount will be determined at time of delivery based on the tax rate at that time. An increase or decrease in cost will be reflected on the final invoice.
If the customer would desire to pay for the apparatus within 15 days of the purchase order being accepted the
APPARATUS COST WITH TAX
10.50$
Not Required
2,128,936.76$
2,130,947.26$
If the customer so desires to purchase the Product described in the Proposal and the attached specifications, prior to the expiration date listed above, the Customer shall sign and return this proposal. The Customer can then provide their choice of document for entering into the agreement by providing a Purchase Order, or signing a Contract with South Coast Fire Equipment, 3150 Palisades Dr. Corona, CA 92878 as the seller.
National City, CA.
Total Purchase Price would be reduced to $2,130,947.26
The specifications herein contained shall form a part of the final contract and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterrations do not matterially affect the cost of the construction of the apparaus
EXHIBIT A
The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) guidelines for Automotive Fire Apparatus as published at time of bid, except as modified by customer specifications Any increased costs incurred by the first party because of future changes in or additoinas to said DOT or NFPA standards will be passed along to the customer as an addition to the price set forth above. Unless accepted within 30 days from the specified date, the right is reserved to withdraw this proposition.
Respectfully Submitted,
South Coast Fire Equipment, Inc.
Sales Representative Signature:____________________________________ Title:_______________ Date:____________________
I, ___________________ authorized representative of
________________________ agrees to purchase the
proposed product(s) and agree to the terms and conditions of this proposal and the specifications hereto attached.
The Seller will document any such updated price for the customer's approval before proceeding and provide an option to cancel the order without charge if the updated price is not accepted.
Tim Olley
Force Majeure - South Coast Fire Equipment shall not be responsible nor deemed to be in default on accountof delays in performance due to causes which are beyond the seller's and manufacturer's control and make the seller's performance impracticable, including but not limited to wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorisim, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similiar to those within the scope of the clause) to perform their contracts or labor troubles causing cessation, slowdow, or interruption of work.
Cancellation/Termination. In the event this Agreement is cancelled or terminated by a party before completion, South Coast Fire Equipment (SCFE) may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (a) 10% of the Purchase Price after order is accepted and entered by Manufacturer; (b) 20% of the Purchase Price after completion of approval drawings, and; (c) 30% of the Purchase Price upon any material requisition. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. SCFE endeavors to mitigate any such costs through the sale of such Product to another purchaser; however Customer shall remain liable for the difference between the Purchase Price and, if applicable, the sale price obtained by SCFE upon sale of the Product to another purchaser, plus any costs incurred by SCFE to conduct any such sale.
Due to global supply chain constraints, any delivery date contained herein is a good faith estimate as of the date of this order/contract, and merely an approximation based on current information. Delivery updates will be made available, and a final firm delivery date will be provided as soon as possible.
Persistent Inflationary Environment: If the Producer Price Index of Components for Manufacturing (www.bls.gov Series ID: WPUID6112) ("PPI") has increased at a compounded annual growth rate of 5.0% or more between the month Pierce accepts the order (Order Month") and a month 14 months prior to the then predicted Ready For Pickup date ("Evalution Month"), then pricing may be updated in an amount equal to the increase in PPI over 5.0% for each year or fractional year between the Order Month and the Evaluation Month.
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - South Coast Fire Equipment, Inc. - Public Services - ID: 11606 - - FS12-23
MASTER GENERAL PROVISIONS
This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and South Coast Fire Equipment, Inc., hereinafter referred to as the Contractor, having its principal place of business at 2020 South Baker Avenue, Ontario, CA 91761.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process.
ARTICLE 4: INDEPENDENT CONTRACTOR
The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of H- GAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are
EXHIBIT B
subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.
ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.
ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous.
ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below:
1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;
5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/prime- subcontracting
NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.
Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was
considered in a procurement transaction, etc.
ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement.
ARTICLE 9: PERFORMANCE PERIOD
This Master Agreement shall be performed during the period which begins Dec 01 2023 and ends Nov 30 2027.
All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement.
ARTICLE 10: PAYMENT OR FUNDING
Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract.
ARTICLE 11: PAYMENT FOR WORK
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice.
ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISCOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer.
ARTICLE 13: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Master Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this Master Agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this Master Agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement.
ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions.
ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.
ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be
conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H- GAC.
ARTICLE 17: TAX EXEMPT STATUS
H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly.
Exemption certificates will be provided upon request.
ARTICLE 18: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Master Agreement. H- GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.
Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party Master Agreements.
ARTICLE 19: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved.
If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.
ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS
Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service.
H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded.
ARTICLE 21: CHANGE ORDERS AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.
B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein.
C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC.
ARTICLE 22: CONTRACT ITEM CHANGES
A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.
B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion.
If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H- GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.
C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers.
D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.
ARTICLE 23: CONTRACT PRICE ADJUSTMENTS
Price Decreases
If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing.
Price Increase
Contractors may request a price increase for items priced as Base Bid items and Published Options. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of
the previous bid price. Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges or other governmental actions, or other economic factors. Manufacturer price/contract changes involving the sale of motor vehicles will be considered and may be allowed during the entire contract period subject to submission and verification of the proper documentation required for a contract change as referenced in this section.
Price Changes
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g., ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes.
For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document.
The request must include the new catalog or price sheet. All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer.
Requesting Price Increase/Required Documentation
Contractor must submit a written overview of changes requested and reasons for the request, stating the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must be supported with substantive documentation (e.g., notices from suppliers and manufacturers of pricing changes in products, components, transportation, raw materials or commodities, and/or product availability, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid.
The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to Lead Program Coordinator, [email protected].
Review/Approval of Requests
If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.
ARTICLE 24: DELIVERIES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order.
Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor. The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage. Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise.
ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees
to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.
ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered.
ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC.
Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior approval.
ARTICLE 28: WARRANTIES, SALES, AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty.
Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.
ARTICLE 29: TERMINATION PROCEDURES
The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default.
H-GAC will not pay for any expenses incurred after the termination date of the contract.
A. Convenience
H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC.
B. Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion of services herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of ten (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.
(3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User.
ARTICLE 30: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect.
ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 32: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement.
A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member.
The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists.
B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.
Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC.
ARTICLE 33: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II.
Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b)
Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a- 7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).
ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.
ARTICLE 35: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds H-GAC should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). H-GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with H-GAC to provide all required certifications and other documentation needed to show compliance.
ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency.
The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity
through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.
The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement.
ARTICLE 37: INDEMNIFICATION AND RECOVERY
H-GAC’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement.
ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement.
ARTICLE 39: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement.
ARTICLE 40: JOINT WORK PRODUCT
This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.
ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL
H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent
certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.
ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT
Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
ARTICLE 43: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination.
These include, but are not limited to:
a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin;
b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;
c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and
j) The requirements of any other nondiscrimination statute(s) that may apply to the application.
ARTICLE 44: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable.
For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy.
ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions.
ARTICLE 46: WARRANTY AND COPYRIGHT
Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming.
ARTICLE 47: DATA HANDLING AND SECURITY
It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables.
ARTICLE 48: DISPUTES
All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H-GAC's final decision.
ARTICLE 49: CHOICE OF LAW: VENUE
This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.
ARTICLE 50: ORDER OF PRIORITY
In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments.
ARTICLE 51: WHOLE MASTER AGREEMENT
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties.
ARTICLE 52: UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (SAM) In accordance with 2 CFR Title 2, Subtitle A, Chapter I, Part 25 as it applies to a Federal awarding agency's grants, cooperative agreements, loans, and other types of Federal financial assistance as defined in 2 CFR 25.406.
Contractor understands and as it relates to 2 CFR 25.205(a), a Federal awarding agency may not make a Federal award or financial modification to an existing Federal award to an applicant or recipient until the entity has complied with the requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM registration (www.SAM.gov) with current information (other than any requirement that is not applicable because the entity is exempted under § 25.110). 2 CFR 25.200(b) requires that registration in the SAM prior to submitting an application or plan; and maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency; and provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. To remain registered in the SAM database after the initial registration, the applicant is required to review and update its information in the SAM database on an annual basis from the date of initial registration or subsequent updates to ensure it is current, accurate and complete. At the time a Federal awarding agency is ready to make a Federal award, if the intended recipient has not complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration with current information, the Federal awarding agency: (1) May determine that the applicant is not qualified to receive a Federal award; and (2) May use that determination as a basis for making a Federal award to another applicant.
ARTICLE 53: PROCUREMENT OF RECOVERED MATERIALS
In accordance with 2 CFR 200.323, the Houston-Galveston Area Council and the Contractor or Subrecipient must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the Contractor or Subrecipient certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Agreement will be at least the amount required by the applicable contract specifications or other contractual requirements.
SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by:
South Coast Fire Equipment, Inc.
Signature tomer1
Name Kevin Newell
Title
Date $docusign:DateSigned::Customer1
H-GAC
Signatur rnalSigner
Name
Title Executive Director
Date $docusign:DateSigned::InternalSigner
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - South Coast Fire Equipment, Inc. - Public Services - ID: 11606
MASTER SPECIAL PROVISIONS
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed.
Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the Contractor do, hereby agree to the Master Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.
ARTICLE 2: END USER MASTER AGREEMENTS (“EUA”)
H-GAC acknowledges that the END USER, which is the HGACBuy customer utilizing the contract (CUSTOMER and END USER may be used interchangeably) may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement. A CUSTOMER/END USER is a state agency, county, municipality, special district, or other political subdivision of a state, or a qualifying non-profit corporation (providing one or more governmental function or service that possess legal authority to enter into the Contract. The term of the EUA may exceed the term of the current H-GAC Master Agreement.
H-GAC’s acknowledgement is not an endorsement or approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the CUSTOMER/END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with H-GAC. Contractor affirms that termination of its Master Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration.
Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with CUSTOMER/END USER. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Master Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its CUSTOMER/END USER as provided in its most favorable past Master Agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid
offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the CUSTOMER/END USER.
EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies.
ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to CUSTOMER/END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement.
ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the CUSTOMER/END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to CUSTOMER/END USER based on the pricing and terms of this Master Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of a CUSTOMER/END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent CUSTOMER/END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of a CUSTOMER/END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC.
In no event shall H-GAC have any liability to Contractor for any goods or services a CUSTOMER/END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor.
ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the CUSTOMER/END USER at the time a CUSTOMER/END USER purchase order is placed, to determine terms for any liquidated damages.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC.
d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
e. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. g. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the CUSTOM ER/END USER. Contractor shall quote a price to CUSTOMER/END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of CUSTOMER/END USER's purchase order.
ARTICLE 10: ORDER PROCESSING CHARGE
H-GAC will apply an Order Processing Charge for each sale done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the CUSTOMER/END USER. Contractor will need to refer to the solicitation for the Order Processing Charge.
ARTICLE 11: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Master Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement.
ARTICLE 12: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following:
a. Be new, unused, and not refurbished.
b. Not be a prototype as the general design, operation, and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace.
c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery.
Such accessories shall be assembled, installed, and adjusted to allow continuous operation of Product at time of delivery.
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any END USER/CUSTOMER. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials.
f. Be available for inspection at any time prior to or after procurement.
ARTICLE 13: TEXAS MOTOR VEHICLE BOARD LICENSING
All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.
ARTICLE 14: INSPECTION/TESTING
All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering CUSTOMER/END USER, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor.
ARTICLE 15: ADDITIONAL REPORTING REQUIREMENTS
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
a. CUSTOMER/END USER Name
b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number
d. Purchase Order Date
e. Product/Service dollar amount
f. HGACBuy Order Processing Charge amount
ARTICLE 16: BACKGROUND CHECKS
Cooperative customers may request background checks on any awarded contractor’s employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the CUSTOMER/END USER.
ARTICLE 17: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
CERTIFICATION
As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code:
1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and
2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.
ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.)
ARTICLE 19: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 and as amended October 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. ‘‘Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.
ARTICLE 20: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by CUSTOMER/END USER for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs.
In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC CUSTOMER/END USER may decide not to purchase from Contractor. Additionally, H-GAC
CUSTOMER/END USER may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement.
ARTICLE 21: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit Projects)
With respect to products purchased by CUSTOMER/END USER for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. With respect to products purchased by CUSTOMER/END USER for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R.
Sections 661.6 or 661.12, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs.
ARTICLE 22: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a CUSTOMER/END USER using federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The CUSTOMER/END USER must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, they shall work with the CUSTOMER/END USER to provide all required certifications and other documentation needed to show compliance.
ARTICLE 23: TITLE VI REQUIREMENTS
H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
ARTICLE 24: EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all Contracts and CUSTOMER/END USER Purchase Orders that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision.
ARTICLE 25: CLEAN AIR AND WATER POLLUTION CONTROL ACT
CUSTOMER/END USER Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will remain in compliance during the term of the Contract.
ARTICLE 26: PREVAILING WAGE
Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5.
ARTICLE 27: CONTRACT WORK HOURS AND SAFETY STANDARDS
As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all CUSTOMER/END USER Purchase Orders in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
ARTICLE 28: PROFIT AS A SEPARATE ELEMENT OF PRICE
For purchases using federal funds more than the current Simplified Acquisition Threshold of $250,000, requires negotiation of profit as a separate element of the price. See, 2 CFR 200.324(b). Contractor agrees to provide information and negotiate regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor will not exceed the awarded pricing, including any applicable discount, under any awarded contract.
ARTICLE 29: BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the CUSTOMER/END USER. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that:
1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master Agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Master Agreements) and that all subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
ARTICLE 30: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS,
SUBGRANTS, COOPERATIVE MASTER AGREEMENTS, AND CONTRACTS Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.
ARTICLE 31: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor certifies that Contractor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
Fire Apparatus and Related Vehicles
Request For Proposal
HGACBuy/Cooperative Purchasing Program
07230
Project ID: FS12-23
Release Date: Wednesday, July 26, 2023
· Due Date: Thursday, September 14, 2023 12:00pm
Posted Wednesday, July 26, 2023 7:00am
Bid Unsealed Thursday, September 14, 2023 12:05pm
Pricing Unsealed Thursday, September 14, 2023 12:05pm
4. Specifications/Categories/Scope of Work
This is an indefinite quantity/indefinite delivery offerings contract. The HGACBuy Customer is responsible to ensure adequate competition is performed between the various contractors or contractors outside of HGACBuy to determine price reasonableness that might be required per any funding agency. Customer will need to ensure compliance with any funding agency requirements before proceeding with a purchase order under this contract. Please consult legal counsel regarding questions concerning compliance as a contractor under this solicitation.
4.1. Overview
H-GAC is soliciting responses for selecting qualified manufacturers, dealers, distributors, and service providers of Fire Apparatus and Other Special Service Vehicles and related services to make these types of products and services available to Customers of the HGACBuy Cooperative Purchasing Program under blanket type contracts.
Customers (end users) may require selective acquisitions of equipment and/or services OR full turnkey projects necessitating additional services, training, and maintenance agreements. H-GAC is seeking the broadest possible selection of available fire apparatus and special service vehicles to best serve our customers by providing the largest selection of products/services available to meet their needs. This solicitation may include a request for a discount percent off price catalog, category, or manufacturer, or price list for supplies, materials, or not to exceed hourly rates for installation or repair. Respondents are not required to provide offerings on all categories. Please note: awarded contracts for FS12-23 allow contractors to update their manufacturer pricing and product offerings at any time during the course of the four-year contract term.
4.2. Categories
This Solicitation is divided into twelve (12) separate but related product categories (A-L). When submitting a response, Respondent may choose to submit a response to any of the categories or all of them. No additional weighted value will be assigned to a response that addresses more than one or all categories listed. All equipment must be the manufacturer’s new and current model and must be fully operational upon delivery to the Customer.
This solicitation does not include ambulances - please see HGACBuy Contract AM10-20 and AM10-23.
Alternative Fuel Vehicles: All responses that include electric, hybrid, or other alternative fuel vehicles must include these vehicles in Category I. If that specific vehicle is also available with an internal combustion engine (ICE),
please list the ICE vehicle separately in the appropriate vehicle category. Category I will only include the alternative fuel vehicles, regardless of vehicle function or type.
Product categories are as follows:
A. Wildland Fire Apparatus - Brush Fire, Off-Road Tenders/Tankers, Crew Carriers, Slip-in Units, etc.
Response listings/descriptions must be organized by major sub-categories, which include Manufacturer, type/function, model, chassis (make and model), cab configuration, 2WD/4WD, and fuel type, and tank and pump.
B. Aerial Fire Apparatus - Boom/Platform, Ladder, Ladder/Platform, etc.
Response listings/descriptions must be organized by major sub-categories, which include Manufacturer, model, chassis, aerial category/construction, aerial functions, cab types, and axle configurations.
C. Pumper Fire Apparatus
Response listings/descriptions must be organized by major sub-categories, which include Manufacturer, model, chassis, cab types, axle configurations, tank capacities/construction, and pump capacity/position.
D. Pumper-Tanker/Tanker/Tender Fire Apparatus
Response listings/descriptions must be organized by major sub-categories, which include Manufacturer, model, chassis, cab types, axle configurations, tank capacities/construction, and pump capacity/position.
E. Aircraft Rescue & Fire-Fighting Vehicles (ARFF)
Response listings/descriptions must be organized by major sub-categories including Manufacturer, model, chassis, cab types, axle configurations, and by Class Types 1-5.
F. Special Service Apparatus – Rescue/Fast Response, Re-Hab, Hazmat, Mobile Emergency Command/Communication Centers/Trailers, Light/Air Vehicle, Dive Response Vehicle, ATV/UTV Response Vehicles, Mobile Fire Pump Testers, etc.
Response listings/descriptions must be organized by Manufacturer, function, type, or purpose of the apparatus/vehicle, and include brief and concise details about the vehicle.
G. Fire Boats, Rescue Boats, Emergency Response Boats
Response listings/descriptions must be organized by major sub-categories including Manufacturer, type, function, size, and propulsion.
H. Fire Command Vehicles - Light, medium, and heavy-duty pickups and SUVs Response listings/descriptions must be organized by major sub-categories including Manufacturer, model, chassis, and 2WD/4WD, fuel type.
I. Electric/Alternative Fuel Fire Apparatus
Response listings/descriptions must be organized by major sub-categories including Manufacturer, model, chassis, vehicle type, fuel/propulsion type, and function.
J. Fire Apparatus/Vehicle Service/Maintenance Plans
Response listings/descriptions must include plan details, including details about which fees are included in costs, and items such as labor rates, and fee structures.
K. Fire Apparatus/Vehicle Parts and Supplies
Response listing need only to include percentage discount.
L. Fire Apparatus/Vehicle Options
Please provide a complete listing or catalog of options, accessories, and loose equipment offered. Please clearly indicate if the options are model or vehicle specific, or only available for specific models or vehicles. Options must be clearly identified as upgrades or downgrades and clearly show the net effect to the price of the base model. (Please upload in Section 9.1.4 Required Documents.)
4.3. General Requirements
All products priced and sold pursuant to this Solicitation must, as applicable:
1. Meet all applicable requir ements of federal, state and local laws and regulations.
2. Be manufacturer's normal offeri ng with all standard features and functions and performance levels.
3. Be ready for turn-key operation upon delivery.
4. Respondent must include specifications, brochures, warranty information, and any other relevant product information with solicitation Response.
Note: “Unpriced/unpublished” options cannot be quoted on the Base Pricing List and may not be sold through this contract.
4.4. Additional Requirements
Licenses
1. Contractor must have and ma intain the appropriate license(s) as required by the State of Texas, Department of Transportation, Department of Motor Vehicles, Motor Vehicle Commission Code [latest edition], or any other local, state and federal licenses required and which are applicable to the respondent’s operations.
2. The prescribed licenses must include the manufa cturer/respondent, and any and all dealers and their representatives as may be required by the Motor Vehicle Department. Contractor must ensure all
emergency and specialty vehicles sold are in accordance with the laws of the state where the sale and acquisition are made.
3. Contractor must maintain all li censing required by the State of Texas as applicable to their business operations during the entire contract term. If during the contract period such licensing lapses, Contractor will be in default and become subject to contract termination unless issued a stay or waiver.
Manuals
1. Contractor must supply at the ti me of delivery, at least two (2) sets of complete operations and service documentation covering the completed emergency vehicles as delivered and accepted.
2. Respondent must supply the following information wi th their response: Technical Specifications, Product Brochures, Tear Sheets, Cut Sheets, Strippers, etc. which clearly show all the standard features and capabilities of each response listing.
Warranty
Contractors must comply with the minimum warranty and maintenance requirements described below for any products or services provided under this Solicitation.
1. Contractor must furnish with re sponse, and for all equipment sold through this H-GAC contract, the manufacturer's general warranty, which must be honored by all the manufacturer's authorized service locations.
2. All service/maintenance plan listings must clearly indica te the cost structure for such plans, clearly indicating which costs and fees are included (such as: hourly labor rates, shop fees, supply fees, environmental fees).
3. The Contractor will handle all warr anty claims and all work must be completed within ten (10) calendar days after receipt of equipment/vehicle by the Contractor without cost to H-GAC or the Customer. Delayed warranties must be available for all vehicles and equipment. Warranty start date will be effective the date that the completed unit is placed into service by the Customer. The Contractor must furnish a delayed warranty card/document for each unit delivered and/or advise the Customer of the procedures to be followed for obtaining the delayed start of warranty coverage. Requests for delayed warranties will not exceed six months after delivery.
4. Any and all documents necessary to effect manufacturer’s warranty must be properly applied for and submitted by the Contractor. The Contractor will provide to H-GAC and the Customer a manufacturer’s warranty which will be honored by any of the manufacturer’s authorized dealers and a complete copy must be provided at the time of delivery. When additional warranties are available as standard, they must be included as a part of the response for the benefit of H-GAC and Customer.
5. The patient compartment, all modi fications to the OEM chassis by Contractor on the accepted unit, and equipment and parts will be guaranteed for a minimum period of one (1) year against defects in design,
materials, and workmanship. The warranty period will begin upon final acceptance of the equipment. This warranty will cover parts and labor expenses.
6. In the event any component part of equipment or ma terials furnished under these specifications, or its subsequent contract(s), becomes defective by reason of material or workmanship during said period, and the end user agency immediately notifies Contractor of such defect, Contractor will, at no expense to the End User agency or H-GAC, repair or replace equipment or component with new equipment or component.
7. Warranty of all system equipment is the sole responsibility of the Contractor under contract, but may be performed by their certified, designated agent.
4.5. Vehicle Requirements
All equipment and vehicles must be new and be the manufacturer’s latest and current model. Each vehicle must be fully assembled, adjusted, serviced and ready for immediate and continuous operation upon delivery. If the equipment or vehicle does not meet the specification requirements upon delivery, Contractor will be responsible for correcting all deficiencies and making any corrections or adjustments needed to attain specification requirements.
All equipment and vehicles must conform to applicable local, state, federal requirements and must comply to all applicable industry standards including National Fire Protection Association (NFPA), Department of Transportation, United States Coast Guard (USCG), and Occupational Safety and Health Administration (OSHA).
4.6. Service / Maintenance Plans and Parts
All service/maintenance plan listings must clearly indicate the cost structure for such plans, including which costs and fees are included (ex: hourly labor rates, shop fees, supply fees, environmental fees).
4.7. Labor Hours Definitions
If the awarded contract contains hours for labor related services, the following definitions will apply:
1. “Business Day” Monday through Friday
2. “Business Hours” Standard Business Hours 8 a.m. to 5 p.m.
3. “Regular Time” Work that occurs during standard business hours
4. “Emergency Time” Work that occurs outside standard business hours
4.8. Administrative Fee
For each purchase order processed under an awarded contract, H-GAC will directly invoice the contractor an administrative fee (Order Processing Charge) applicable to the sale of all equipment and services submitted in contractor’s response. It is the contractor’s responsibility to remit the administrative fee within thirty (30) days of processing any customer’s purchase order, even if an invoice is not received from H-GAC. Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. For this solicitation the administrative fee is as follows:
Administrative Fee (per Purchase Order)
Category A – Brush Trucks/Light Rescue $1,000 per purchase order Category B – Aerial Fire Apparatus $2,000 per purchase order Category C – Pumper Fire Apparatus $2,000 per purchase order Category D – Pumper/Tanker and Tanker Apparatus $2,000 per purchase order Category E – ARFF Apparatus $2,000 per purchase order Category F – Special Service Vehicles
Heavy Rescue*/Special Service $2,000 per purchase order Light Rescue/Quick Response $1,000 per purchase order All Trailers 2% of purchase order *Heavy Rescue is vehicle with GVWR of 26,000 and above.
Category G –Fire/Rescue/Emer. Response Boats 2% of purchase order Category H - Fire Command Vehicles $1,000 per purchase order Category I - Alternative Fuel Vehicles Fee determined by category of vehicle Category J –Service/Maintenance Plans 2% per purchase order Category K - Fire Apparatus/Vehicle Parts and Supplies 2% per purchase order Category L - Fire Apparatus/Vehicle Options No separate fee - part of vehicle
4.9. Final Contract Deliverables
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
x Customer Name and address
x HGACBuy confirmation number
x Product/Service purchased
x Customer Purchase Order Number
x Purchase Order Date
x Product/Service dollar amount
x HGACBuy Order Processing Charge amount
Reports must be provided to H-GAC in Excel or other acceptable electronic format by the 30th day of the month following the quarter being reported. If Contractor defaults in providing Products or Services reporting as required by the contract, recourse may be exercised through cancellation of the contract and other legal remedies as appropriate.
--End of section--
Attachment A
South Coast Fire Equipment, Inc.
Fire Apparatus and Related Vehicles
Contract No.: FS12-23
Manufacturer Product Item Description Offered List Price HGACBuy Discount
Category A - Wildland and Brush
Pierce 23W-101 1019 Ford F-550 Pumper - 1019 366,288.00$ 5% Pierce 23W - 103 International Type 3 International Wildland-1039 581,003.00$ 5% Pierce 23W - 104 International Urban International Urban Interface-1040 491,716.00 $ 5% BME Fire Trucks Summit Navistar, 4x4, 4-Door, Model 34, 1000 GPM Pump, 500 Gallon Water Tank 544,632.00 $ 5% BME Fire Trucks Targhee Navistar, 4x4, 4-Door, Model 34, 500 GPM Pump, 500 Gallon Water Tank 529,854.00 $ 5% BME Fire Trucks Rocky Mountain Navistar, 4x4, 4-Door, Type 3, Model 346/500R, 600 Gallon Water Tank, 500 GPM Pump 455,062.00$ 5% BME Fire Trucks Aspen Navistar, 4x4, 4-Door, Type 4, 800 Gallon Water Tank, 1.5AGE Pump 449,583.00 $ 5% BME Fire Trucks McCall Dodge, Type 6, 300 Gallon Water Tank, 1.5AGE Pump 294,167.00 $ 5% BME Fire Trucks Ponderosa Type 6, 300 Gallon Water Tank, 1.5AGE Pump 325,057.00 $ 5% BME Fire Trucks Sawtooth Type 6, 300 Gallon Water Tank, 1.5AGE Pump 329,057.00 $ 5% BME Fire Trucks Big Horn Navistar, 4x4, 4-Door, Wildland Urban Interface, 750 Gallon Water Tank, 1000 GPM Pump 606,667.00$ 5% Category B - Aerial Fire Apparatus
Pierce 23A-101 Enforcer Chassis, Single Rear Axle, 75' Aerial - 1027 1,436,022.00$ 5% Pierce 23A-102 Enforcer Chassis, Tandem Rear Axle, PUC, 75' Aerial - 1028 1,474,688.00$ 5% Pierce 23A-103 Velocity Chassis, Tandem Rear Axle, 100' Aerial - 1029 1,648,105.00$ 5% Pierce 23A-104 Enforcer Chassis, Si ngle Rear 107' Aerial -1030 1,589,837.00$ 5% Pierce 23A-105 Enforcer Chassis, Tandem Rear Axle, 107' Aerial - 1031 1,699,833.00$ 5% Pierce 23A-106 Velocity Chassis, Tandem Rear Axle, 105' Aerial - 1032 1,646,299.00$ 5% Pierce 23A-107 Velocity Chassis, Tandem Rear axle, 100' Rear mounted Platform - 1033 1,912,763.00$ 5% Pierce 23A-108 Velocity Chassis, Tandem Rear axle, 100' Aluminum Rear mounted Platform - 1034 2,017,959.00$ 5% Pierce 23A-109 Enforcer Chassis, Tandem Rear axle, mid-mounted 100' platform - 1035 2,101,962.00$ 5% Pierce 23A-110 Enforcer Chassis, 107' Tractor Drawn Aerial - 1036 2,066,551.00$ 5% Pierce 23A-111 Enforcer Snozzle - 1037 1,314,701.00$ 5% Category C - Pumper Fire Apparatus
Pierce 23P-102 Freightliner M2-106 Responder, 1000 Tank, 1250 Pump 1020 397,469.04$ 5% Pierce 23P-103 International 4 door 1000 tank, 1250 Pump Pumper 1026 526,585.97$ 5% Pierce 23P-104 Saber Pumper, 750 Tank, 1500 pump 1022 881,807.87$ 5% Pierce 23P-105 Enforcer Pumper 750 tank, 1500 pump 1023 956,324.96$ 5% Pierce 23P-106 Enforcer PUC Pump er 750 tank, 1500 pump 1024 1,035,341.76$ 5% Pierce 23P-107 Velocity Pumper 1025 967,322.35$ 5% Pierce 23P-108 Velocity PUC Pumper 1038 1,049,384.90$ 5% Category D - Pumper Tanker/Tender
Pierce 23PT-101 Freightliner 2000 Gallon Tanker - 1041 511,866.00$ 5% Pierce 23PT-102 International 2000 Gallon Tanker -1042 498,571.00$ 5% Pierce 23PT-103 Saber 2000 Gallon Tanker - 1043 899,378.00$ 5% Pierce 23PT-104 Enforcer 2000 Gallon Tanker - 1044 982,413.00$ 5% 1
Pierce 23PT-105 Freightliner 3000 Tandem Tanker - 1045 507,344.00$ 5% Pierce 23PT-106 International 3000 Tandem Tanker - 1046 520,168.00$ 5% Pierce 23PT-107 Saber Tandem 3000 Tanker - 1047 985,111.00$ 5% Pierce 23PT-108 Enforcer Tandem 3000 Tanker - 1048 1,048,825.00$ 5% Pierce 23PT-109 Velocity Tandem PUC 2500 Tanker - 1049 1,109,887.00$ 5% BME Fire Trucks Tahoe 2000 Gallon Water Tender 483,632.00$ 5% BME Fire Trucks Cascade 3000 Gallon Water Tender 552,502.00$ 5% BME Fire Trucks Clearwater Navistar, 4x4, 4-Door, 1250 Gallon Wa ter Tank, 500 GPM Pump Extreme Water Tender 533,552.00$ 5% BME Fire Trucks Mammoth 1250 Gallon Extreme Water Te nder, Navistar 2-Door Cab 501,135.00$ 5% BME Fire Trucks Payette 1800 Gallon Tactical Water Tender 484,061.00$ 5% Category F - Special Service VehiclesVehicles
Pierce 23SS - 101 Ford F-550 Rescue 12' -1050 278,709.00$ 5% Pierce 23SS - 102 Enforcer NWI-Rescue - 1051 975,772.00$ 5% Pierce 23SS - 103 Velocity NWI-Rescue - 1052 999,751.00$ 5% Pierce 23SS - 104 Enforcer PUC NWI-Rescue - 1053 1,252,488.00$ 5% Pierce 23SS - 105 Velocity Combo-Rescue - 1054 1,136,418.00$ 5% Pierce 23SS - 106 Enforcer Tandem Combo - 1055 1,114,686.00$ 5% Pierce 23SS - 107 Velocity Alum Walk-in Rescue - 1056 1,114,461.00$ 5% Pierce 23SS - 108 Enforcer Stainless NWI-Rescue - 1057 1,020,660.00$ 5% Pierce 23SS - 109 Enforcer Walk-in - 1058 1,034,340.00$ 5% Pierce 23SS - 110 Velocity Tandem Walk-in - 1059 1,228,431.00$ 5% Frontline Communications C-17 Mobile Command Unit, Chevrolet Suburban, 4x4, 17 feet overall length, Single axle, Gasoline 196,178.00$ 5% Frontline Communications C-20 Rapid Response Command Unit, Ford Transit-350 Van, 2WD, 20 feet overall length, Single axle, Gasoline 278,319.00$ 5%
Frontline Communications CRU-22 Critical Response Command Unit, Ford Transit-350 High Roof Van, 2WD, 9,500 GVWR, 22 feet overall length, Single axle, Gasoline 353,163.00$ 5% Frontline Communications C-23 Mobile Command Unit, Mercedes-Benz Sprinter 3500, 23 feet overall length, 2WD, Single axle, Diesel 306,919.00$ 5%
Frontline Communications C-25 Mobile Command Unit, Ford F-650 with custom aluminum body, 26,000 GVWR, 25 feet overall length, 2WD, Single axle, Diesel 477,451.00$ 5% Frontline Communications C-30 Mobile Command Unit, Freightliner M2-106 with custom aluminum body, 33,000 GVWR, 30 feet overall length, 2WD, Single axle, Diesel 587,098.00$ 5% Frontline Communications C-35 Mobile Command Unit, Freightliner M2-106 with custom aluminum body, 33,000 GVWR, 35 feet overall length, 2WD, Single axle, Diesel 669,849.00$ 5% Frontline Communications C-40 Mobile Command Unit, Freightliner M2-106 with custom aluminum body, 54,000 GVWR, 40 feet 9 inches overall length, 2WD, Dual axle, Diesel 735,953.00$ 5% Frontline Communications C-40 Enforcer Mobile Command Unit, Pierce Enforcer custom chassis with custom aluminum body, 40 feet 9 inches overall length, 2WD, Dual axle, Diesel 1,546,944.00$ 5% Frontline Communications C-40 Saber Mobile Command Unit, Pierce Saber custom chassis with custom aluminum body, 40 feet 9 inches overall length, 2WD, Dual axle, Diesel 1,017,416.00$ 5% Frontline Communications C-40 Velocity Mobile Command Unit, Pierce Velocity custom chassis with custom aluminum body, 40 feet 9 inches overall length, 2WD, Dual axle, Diesel 1,259,403.00$ 5% Frontline Communications C-28T Mobile Command Trailer - Custom aluminum body, 28 feet overall length, Dual axle 308,961.00$ 5% Frontline Communications C-35T Mobile Command Trailer - Custom aluminum "gooseneck" body, 35 feet overall length, Dual axle 394,976.00$ 5%
Frontline Communications C-53T Mobile Command Trailer - Custom aluminum body, 53 feet overall length, Dual axle 1,241,546.00$ 5% Frontline Communications C-RTR Refurb/Technology Refresh Command Vehicle - Customer-furnished vehicle, refurbish interior and/or exterior, upgrade technology 292,975.00$ 5% BME Fire Trucks Sequioa 10 Man Crew Carrier Vehicle 378,634.00$ 5% Category J - Service/Maintenance Plans
Frontline Communications Vehicle Warranty Multiple plans available by model - see Siddons-Martin Warranty/Service Table BME Vehicle Warranty Multiple plans available by model - see Siddons-Martin Warranty/Service Table Pierce Manufacturing Vehicle Warranty Multiple plans available by model - see Siddons-Martin Warranty/Service Table 2
RESOLUTION NO. 2025 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA,
WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO HOUSTON-GALVESTON AREA COUNCIL CONTRACT # FS12- 23 WITH SOUTH COAST FIRE EQU IPMENT FOR THE PURCHASE OF AN ENFORCER PIERCE 107 ASCENDANT AERIAL FIRE TRUCK IN A NOT-TO-EXCEED AMOUNT OF $2,130,947.26 FOR THE NATIONAL CITY FIRE DEPARTMENT.
WHEREAS, the National City Fire Department’s current reserve ladder truck has been in service for 15 years and the front-line ladder truck has been in service for over 10 years, both of which have exceeded the useful and optimum life cycle of 10 years; and
WHEREAS, the lead build-time for a new aerial ladder truck is currently estimated to be about three to four years, which would push the reserve to almost 20 years and the front -line to almost 15 years by the time a new ladder truck is delivered; and
WHEREAS, in order to expedite product delivery, City of Na tional City staff will need to place the order for the new ladder truck as soon as possible and, to take advantage of competitive pricing, Engineering & Public Works staff has identified an opportunity for the City of National City to piggyback onto Housto n-Galveston Area Council Contract # FS12 -23 with South Coast Fire Equipment for the purchase of an Enforcer Pierce 107 Ascendant Aerial Fire Truck , to be purchased in Fiscal Year 2029; and
WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City’s procurement procedures, 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 the Houston-Galveston Area Council Contract # FS 12-23 with South Coast Fire Equipment was competitively bid through a Request for Proposals process, and that the Houston-Galveston Area Council procurement procedures are in substantial compliance with those of National City; 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 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Houston-Galveston Area Council Contract # FS12-23 with South Coast Fire Equipment to place the purchase of an Enforcer Pierce 107 Ascendant Aerial Fire Truck in a not-to-exceed amount of $2,130,947.26 for the National City Fire Department, to be purchased in Fiscal Year 2029.
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 2nd day of September, 2025.
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: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, September 2, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:
Awarding a Contract to A. Preman Roofing, Inc., for the Fire Station 34 Roof and HVAC Replacement Project, CIP No. 25-10.
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to A. Preman Roofing, Inc., in the Not-to-Exceed Amount of $276,237 for the Fire Station 34 Roof and HVAC Replacement Project, CIP No. 25-10; 2) Authorizing a 15% Contingency in the Amount of $41,436 for any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Contract.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
In October 2024, the Engineering & Public Works Department commissioned a comprehensive roof inspection and assessment of all City-owned facilities. The results of the assessment confirmed that the roof covering Fire Station 34, which was installed nearly 20 years ago, has exceeded its useful life and needs to be replaced . In addition, the three HVAC units have experienced repeated malfunctions from major component failures and require replacement. The Fire Station 34 Roof and HVAC Replacement project, CIP No. 25-10 will remove and replace the existing roof as well as the HVAC at Fire Station 34.
On June 23, 2025, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On June 26, 2025 and July 8, 2025, the bid solicitation was advertised in the local newspaper. On July 23, 2025, six (6) bids were received by the 2:00 p.m. deadline and A. Preman Roofing, Inc. was the apparent lowest bidder with a total bid amount of $276,237.
Upon review of all documents submitted, A. Preman Roofing, 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 A. Preman Roofing, Inc. in the not -to-exceed amount of $ 276,237 and authorizing a 15% contingency in the amount of $ 41,436 to address any unforeseen conditions that may arise.
FINANCIAL STATEMENT:
Capital Improvement Program Fund
Expenditure Account #
399-10-18-18500-7598-1500399 (Facility Upgrades) - $276,237 (contract award) 399-10-18-18500-7598-1500399 (Facility Upgrades) - $41,436 (15% contingency)
Appropriations are available in the adopted budget for the CIP fund for this project.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Public Safety
ENVIRONMENTAL REVIEW:
This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c).
PUBLIC NOTIFICATION:
The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting 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: Fire Station 34 Roof and HVAC Replacement
CIP NO: 25-10
DATE: July 23, 2025
TIME: 2:00 P.M.
ESTIMATE: $345,000
PROJECT ENGINEER: Ricardo Rodriguez
NO. BIDDER’S NAME BID AMOUNT BID SECURITY
- BOND
1 A. Preman Roofing, Inc.
875 34th Street
San Diego, CA 92102
$276,237 Bond
2 Larson Roofing
7950 Dunbrook Road
San Diego, CA 92126
$301,864 Bond
3 AOS, Inc. dba Superior Roofing
1309 Deerbrook Drive
San Marcos, CA 92069
$338,450 Bond
4 Chambers, Inc.
1563 Sterling Court
Escondido, CA 92029
$410,770 Bond
5 United Mechanical Contractors.
794 E Los Angeles Ave.
Simi Valley, CA 93065
$558,000 Bond
6 Best Contracting Service, Inc.
19027 S Hamilton Avenue
Gardena, CA 90248
$737,980 Bond
Exhibit B
SUMMARY OF BID ITEMS
NAME: Fire Station 34 Roof and HVAC Replacement
CIP NO: 25-10
DATE: July 23, 2025
TIME: 2:00 P.M.
ESTIMATE: $345,000
PROJECT ENGINEER: Ricardo Rodriguez
Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Removal, disposal, and replacement of the existing
roofing system and installation of new asphalt shingle
roofing system per specifications
LS 1 $147,652.00 $147,652.00 $197,162.00 $197,162.00 $204,950.00 $204,950.00 2 Removal, disposal, and replacement of the existing
roofing system and installation of new modified
bituminous membrane roofing system per specifications
LS 1 $39,695.00 $39,695.00 $24,701.00 $24,701.00 $43,500.00 $43,500.00 3 Removal, disposal and replacement of roof top HVAC
units per specifications EA 3 $29,630.00 $88,890.00 $26,667.00 $80,001.00 $30,000.00 $90,000.00 Subtotal $276,237.00 $301,864.00 $338,450.00
Total $276,237.00 $301,864.00 $338,450.00
AOS Inc.
dba Superior RoofingA. Preman Roofing, Inc. Larson Roofing
OWNER - CONTRACTOR AGREEMENT
FIRE STATION 34 ROOF AND HVAC REPLACEMENT, CIP NO. 25-10
This Owner -Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and A. Preman Roofing, Inc. (“Contractor”), 875 34 th Street, San Diego, CA 92102 , on the 2nd day of September, 2025, 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 th e 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 per son'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 certi fy 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 th e 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 penal ties 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:
A. Preman Roofing, 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
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 Quantity Unit Price Amount
Base
Bid
1 Removal, disposal and replacement of the
existing roofing system and installation of
new asphalt shingle roofing system per
specifications LS 1
147,652.00
147,652.00
2 Removal, disposal and replacement of the
existing roofing system and installation of
new modified bituminous membrane
roofing system per specifications LS 1
39,695.00
39,695.00
3 Removal, disposal and replacement of
roof top HVAC units per specifications EA 3
29,630.00
88,890.00
Total:
276,237.00
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 th e City of National City, by Resolution No. 20 25- _____, OR the City Manager of the City of National City, on the 2nd day of September, 2025, has awarded A. Preman Roofing, Inc ., hereinafter designated as the "Principal", the FIRE STATION 34 ROOF AND HVAC REPLACEMENT.
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 Seventy-Six Thousand, Two Hundred Thirty-Seven Dollars ($276,237.00) 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 a nd 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 in demnify 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 C ity 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 c opy 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. 202 5- _____, OR the City Manager of the City of National City, on the 2nd day of September, 2025, has awarded A. Preman Roofing, Inc ., hereinafter designated as the "Principal", the FIRE STATION 34 ROOF AND HVAC REPLACEMENT.
WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Titl e 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, hereina fter called the "City", in the penal sum of Two Hundred Seventy-Six Thousand, Two Hundred Thirty-Seven Dollars ($276,237.00) 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 t he 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 insure 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 furni shing 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 attor ney-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. 2025 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AWARDING A CONTRACT TO A. PREMAN ROOFING, INC. , IN THE NOT -TO-EXCEED AMOUNT OF $ 276,237 FOR THE FIRE STATION 34 ROOF AND HVAC REPLACEMENT PROJECT, CIP NO. 25 -10; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $41,436 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT.
WHEREAS, the Fire Station 34 Roof and HVAC Replacement project, CIP No. 25-10 (the “Project”) will remove and replace the existing roof at Fire Station 34, which was installed nearly 20 years ago and has exceeded its useful life; and
WHEREAS, on June 23, 2025, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on June 26th and July 8th, 2025, the bid solicitation was advertised in the local newspaper; and
WHEREAS, on July 23, 2025, six (6) bids were received by the 2:00 p.m. deadline; and WHEREAS, upon review of all documents submitted, A. Preman Roofing, Inc.’s bid in the total bid amount of $276,237 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 A. Preman Roofing, Inc. in the not to -exceed amount of $276,237 for the Fire Station 34 Roof and HVAC Replacement project, C IP No. 25 -10; 2) authorizing a 15% contingency in the amount of $41,436 for any unforeseen changes; and 3) 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 authorizes the Mayor to execute the contract with A. Preman Roofing, Inc. in the not-to-exceed amount of $276,237 for the Fire Station 34 Roof and HVAC Replacement project, CIP No. 25-10.
Section 2: That the City Council hereby authorizes a 15% contingency in the amount of $41,436 for any unforeseen changes.
Section 3: 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 2nd day of September, 2025.
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: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, September 2, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:
Awarding a Contract to Burtech Pipeline Incorporated for the P-2 Sewer Upsizing Project, CIP No. 24-03.
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Burtech Pipeline Inc orporated in the Not-to-Exceed Amount of $4,468,000 for the P-2 Sewer Upsizing Project, CIP No. 24-03; 2) Authorizing a 15% Contingency in the Amount of $670,200 for any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Contract.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The P-2 Sewer Upsize Project will replace approximately 3,900 linear feet of existing 6-inch sewer main with new 8-inch and 10-inch sewer main along E. 4th Street, and approximately 660 linear feet of existing 6-inch sewer main with new 8-inch sewer main along Harbison Avenue . The project will include removal and replacement of existing sewer manholes and existing lateral connections within the City’s right-of-way. This project was identified as next in the priority for replacement and upsizing of the City’s sewer system, in accordance with the 2019 Sewer Master Plan Update.
On July 1, 2025, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On July 15, 2025 and July 21, 2025, the bid solicitation was advertised in the local newspaper. On August 5, 2025, nine (9) bids were received by the 2:00 p.m. deadline and Burtech Pipeline Incorporated was the apparent low est bidder with a total bid amount of $4,468,000.
Upon review of all documents submitted, Burtech Pipeline Incorporated’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 Burtech Pipeline Incorporated in the not -to-exceed amount of $4,468,000 and authorizing a 15% contingency in the amount of $670,200 to address any unforeseen conditions that may arise.
Construction is expected to commence this fall and be completed before the end of 2026.
FINANCIAL STATEMENT:
Funding is available in the Sewer Fund for this contract. Expenditures for this project will be recorded as follows:
Contract Award - $4,468,000
Expenditure Account No. 125-10-18-18500-7598-2024125 SEWER UPSIZING
15% Contingency - $670,200
Expenditure Account No. 125-10-18-18500-7598-2024125 SEWER UPSIZING
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Transportation Choices and Infrastructure
ENVIRONMENTAL REVIEW:
This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c).
PUBLIC NOTIFICATION:
The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Project Location Map
Exhibit B – Bid Opening Summary
Exhibit C – Summary of Bid Items
Exhibit D – Owner-Contractor Agreement
Exhibit E – Resolution
Limits of work
4th St & T Ave to 4th St &
Harbison Ave to Harbison
Ave & E 2nd St
Approximate
Sewer
Alignment
Exhibit A Exhibit AExhibit A –– Project Location MapProject Location MapProject Location Map P-2 Sewer Upsizing project, CIP 24-03 Date: August 2025
Exhibit B
BID OPENING SUMMARY
NAME: P-2 Sewer Upsizing
CIP NO: 24-03
DATE: August 5, 2025
TIME: 2:00 P.M.
ESTIMATE: $4,031,000
PROJECT ENGINEER: Ricardo Rodriguez
NO. BIDDER’S NAME BID AMOUNT BID SECURITY
- BOND
1 Burtech Pipeline, Inc.
1325 Pipeline Drive
Vista, CA 92081
$4,468,000 Bond
2 Sema Construction
1901 Camino Vida Roble, Suite 100
Carlsbad, CA 92008
$5,662,080.76 Bond
3 Dick Miller, Inc.
930 Boardwalk, Suite H
San Marcos, CA 92078
$5,893,007.35 Bond
4 Portillo Concrete, Inc.
3527 Citrus Street
Lemon Grove, CA 91945
$5,923,598.02 Bond
5 Palm Engineering Construction Company
7330 Opportunity Road, Suite A
San Diego, CA 92111
$5,993,676.08 Bond
6 Ortiz Corporation
2000 McKinley Avenue
National City, CA 91950
$6,590,232.61 Bond
7 Bali Construction, Inc.
9852 E. Joe Vargas Way
South El Monte, CA 91733
$6,870,278.80 Bond
8 SRK Engineering, Inc.
2615 Auto Park Way
Escondido, CA 92029
$6,896,981.00 Bond
9 KTA Construction, Inc.
821 Tavern Road
Alpine, CA 91901
$8,961,972.05 Bond
Exhibit C
SUMMARY OF BID ITEMS
NAME: P-2 Sewer Upsizing
CIP NO: 24-03
DATE: August 5, 2025
TIME: 2:00 P.M.
ESTIMATE: $4,031,000
PROJECT ENGINEER: Ricardo Rodriguez
Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total Base Bid - E. 4th Street
1 Mobilization/Demobilization LS 1 $65,277.94 $65,277.94 $480,000.00 $480,000.00 $392,940.00 $392,940.00 2 Traffic and Pedestrian Control LS 1 $150,000.00 $150,000.00 $293,760.34 $293,760.34 $230,000.00 $230,000.00 3 SWPPP, Water Quality Control LS 1 $30,000.00 $30,000.00 $75,000.00 $75,000.00 $25,000.00 $25,000.00 4 Surveying LS 1 $25,000.00 $25,000.00 $80,000.00 $80,000.00 $26,400.00 $26,400.00 5 Restoration of Survey Monuments EA 6 $2,300.00 $13,800.00 $1,550.00 $9,300.00 $1,905.00 $11,430.00 6 Sewer Bypass LS 1 $38,000.00 $38,000.00 $150,000.00 $150,000.00 $138,000.00 $138,000.00 7 Clearing and Grubbing LS 1 $2,500.00 $2,500.00 $50,000.00 $50,000.00 $58,880.00 $58,880.00 8 Protection and Restoration of Existing Improvements LS 1 $500.00 $500.00 $50,000.00 $50,000.00 $15,000.00 $15,000.00 9 CCTV Existing Sewer Line E.4th Street and Harbison Ave (Pre-Construction) LS 1 $10,000.00 $10,000.00 $107,295.92 $107,295.92 $7,800.00 $7,800.00 10 Remove Existing Sewer Manhole and Replace with 5' Sewer Manhole per SDRSD SM-02 EA 12 $21,000.00 $252,000.00 $24,891.11 $298,693.32 $22,300.00 $267,600.00 11 Add Drop Structure Feature to New Sewer Manholes as per SDWAS SM-09 and SM-10 EA 4 $4,000.00 $16,000.00 $3,543.89 $14,175.56 $3,140.00 $12,560.00 12 Remove Existing 6" Sewer Main and Replace with 8" SDR35 PVC Sewer Main by Open Trench to a Maximum Depth of 15' (4th St) (SDRSD SP-02) LF 1595 $175.00 $279,125.00 $262.72 $419,038.40 $267.00 $425,865.00 13 Trench Repair - Asphalt Concrete Paving TN 560 $370.00 $207,200.00 $183.81 $102,933.60 $400.00 $224,000.00 14 Trench Repair - Class II Aggregate Base TN 1270 $65.00 $82,550.00 $45.74 $58,089.80 $79.00 $100,330.00 15 Remove Existing 6" Sewer Main and Replace with 10" Sewer Main by Open Trench (SDRSD SP-02) LF 2256 $184.00 $415,104.00 $260.73 $588,206.88 $265.00 $597,840.00 16 Trench Shoring - Mainline & Manholes LS 1 $7,000.00 $7,000.00 $35,898.85 $35,898.85 $110,000.00 $110,000.00 17 Trench Shoring - Laterals EA 75 $100.00 $7,500.00 $103.78 $7,783.50 $540.00 $40,500.00 18 Sewer Lateral, 4" SDR35 PVC (SDRSD SS-01 through SS-04) LF 2725 $135.00 $367,875.00 $193.02 $525,979.50 $154.00 $419,650.00 19 Sewer Lateral, 6" SDR35 PVC (SDRSD SS-01 through SS-04) LF 250 $150.00 $37,500.00 $203.38 $50,845.00 $202.00 $50,500.00 20 Sewer Cleanout Type "B" (SDRSD SC-01) EA 75 $750.00 $56,250.00 $896.41 $67,230.75 $2,200.00 $165,000.00 21 Cold Milling Asphalt Pavement - 2" Depth SF 243787 $0.33 $80,449.71 $0.62 $151,147.94 $0.55 $134,082.85 22 Removal, Disposal and Replacement of Unsuitable Material TN 1500 $118.00 $177,000.00 $30.76 $46,140.00 $89.00 $133,500.00 23 2" Asphalt Concrete (AC) Pavement with Forta-Fi TN 3060 $180.00 $550,800.00 $184.56 $564,753.60 $158.40 $484,704.00 Burtech Pipeline, Inc. Sema Construction Dick Miller, Inc.
Exhibit C
24 4" Asphalt Concrete (AC) Digouts TN 1000 $425.00 $425,000.00 $256.34 $256,340.00 $275.00 $275,000.00 25 Remove and Replace PCC Sidewalk (SDRSD G-07) SF 3900 $17.60 $68,640.00 $13.76 $53,664.00 $15.00 $58,500.00 26 Remove and Replace PCC Pedestrian Curb Ramps (SDRSD G-27 through G-32B) EA 10 $9,600.00 $96,000.00 $8,914.03 $89,140.30 $10,000.00 $100,000.00 27 Remove and Replace PCC Curb and Gutter (SDRSD G-02) LF 1140 $81.40 $92,796.00 $65.21 $74,339.40 $77.75 $88,635.00 28 Remove and Replace PCC Cross Gutter (SDRSD G-12) SF 560 $24.20 $13,552.00 $28.29 $15,842.40 $44.00 $24,640.00 29 Remove and Replace Existing PCC Driveway Approach per SDRSD G-14 EA 1 $16,500.00 $16,500.00 $9,529.79 $9,529.79 $10,600.00 $10,600.00 30 Remove and Replace Existing Bus Pad (12'x15') in Accordance with MTS Design Standard Figure 4-4, Pavement Composition Recommendations - Case III, Including excavation, Base Preparation, Reinforced Concrete Placement, and Surface Restoration
EA 1 $24,200.00 $24,200.00 $15,000.00 $15,000.00 $15,645.00 $15,645.00 31 Remove and Replace 6' Type E Loop, Limit Line Type F Loop, and Type C Bike Loop (Caltrans Standard Plan ES-5B) EA 14 $1,650.00 $23,100.00 $936.94 $13,117.16 $990.00 $13,860.00 32 Remove, Salvage, and Re-install Existing Street Signage EA 5 $770.00 $3,850.00 $728.73 $3,643.65 $770.00 $3,850.00 33 Signage, Striping and Markings LS 1 $66,000.00 $66,000.00 $81,981.80 $81,981.80 $64,900.00 $64,900.00 Subtotal $3,701,069.65 $4,838,871.46 $4,727,211.85
Additive Bid - Harbison Ave
34 Mobilization/Demobilization LS 1 $15,000.00 $15,000.00 $25,000.00 $25,000.00 $146,000.00 $146,000.00 35 Traffic and Pedestrian Control LS 1 $10,000.00 $10,000.00 $55,000.00 $55,000.00 $67,100.00 $67,100.00 36 SWPPP, Water Quality Control LS 1 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $18,000.00 $18,000.00 37 Surveying LS 1 $3,800.00 $3,800.00 $11,000.00 $11,000.00 $11,000.00 $11,000.00 38 Restoration of Survey Monuments EA 2 $2,300.00 $4,600.00 $1,550.00 $3,100.00 $1,620.00 $3,240.00 39 Sewer Bypass LS 1 $5,000.00 $5,000.00 $45,000.00 $45,000.00 $25,152.00 $25,152.00 40 Clearing and Grubbing LS 1 $1,000.00 $1,000.00 $2,500.00 $2,500.00 $38,400.00 $38,400.00 41 Remove Existing 6" Sewer Main and Replace with 8" SDR35 PVC Sewer Main (Harbison Ave) (SDRSD SP-02) LF 655 $258.00 $168,990.00 $258.36 $169,225.80 $173.00 $113,315.00 42 Trench Repair - Asphalt Concrete Paving TN 110 $374.00 $41,140.00 $163.82 $18,020.20 $400.00 $44,000.00 43 Trench Repair - Class II Aggregate Base TN 250 $66.00 $16,500.00 $38.77 $9,692.50 $98.00 $24,500.00 44 Remove Existing Sewer Manhole and Replace with 5' Sewer Manhole as per SDRSD SM-02 EA 2 $23,500.00 $47,000.00 $25,554.78 $51,109.56 $23,200.00 $46,400.00 45 Trench Shoring - Mainline & Manholes LS 1 $4,000.00 $4,000.00 $8,720.46 $8,720.46 $27,720.00 $27,720.00 46 Trench Shoring - Laterals EA 23 $150.00 $3,450.00 $169.21 $3,891.83 $1,320.00 $30,360.00 47 Sewer Lateral, 4" SDR35 PVC (SDRSD SS-01 through SS-04) LF 675 $135.00 $91,125.00 $184.06 $124,240.50 $270.00 $182,250.00 48 Sewer Cleanout Type "B" (SDRSD SC-01) EA 23 $750.00 $17,250.00 $897.18 $20,635.14 $2,800.00 $64,400.00 49 Cold Milling Asphalt Pavement - 2" Depth SF 27895 $0.33 $9,205.35 $1.11 $30,963.45 $1.10 $30,684.50 50 Removal, Disposal and Replacement of Unsuitable Material TN 500 $118.00 $59,000.00 $30.76 $15,380.00 $90.00 $45,000.00 51 2" Asphalt Concrete (AC) Pavement with Forta-Fi TN 370 $180.00 $66,600.00 $205.07 $75,875.90 $194.70 $72,039.00 52 4" Asphalt Concrete (AC) Digouts TN 250 $425.00 $106,250.00 $271.72 $67,930.00 $297.00 $74,250.00 53 Remove and Replace PCC Sidewalk (SDRSD G-07) SF 1250 $17.60 $22,000.00 $14.16 $17,700.00 $19.00 $23,750.00 54 Remove and Replace PCC Pedestrian Curb Ramps (SDRSD G-27 through G-32B) EA 1 $12,320.00 $12,320.00 $6,535.95 $6,535.95 $11,500.00 $11,500.00 55 Remove and Replace PCC Curb and Gutter (SDRSD G-02) LF 375 $80.00 $30,000.00 $57.69 $21,633.75 $77.00 $28,875.00 56 Remove and Replace PCC Curb Inlet Type B1 Gutter Only as per SDRSD D-02 EA 1 $7,150.00 $7,150.00 $7,084.57 $7,084.57 $8,600.00 $8,600.00 57 Remove and Replace Existing Raised Median Integral Curb per SDRSD G-6 and G-12 LF 60 $165.00 $9,900.00 $70.74 $4,244.40 $201.00 $12,060.00 58 Remove and Replace Existing Raised Median 4" PCC Decorative Concrete Paving to Match Existing SF 100 $60.50 $6,050.00 $54.00 $5,400.00 $122.00 $12,200.00 59 Signage, Striping and Markings LS 1 $4,600.00 $4,600.00 $13,325.29 $13,325.29 $5,000.00 $5,000.00 Subtotal $766,930.35 $823,209.30 $1,165,795.50
Total $4,468,000.00 $5,662,080.76 $5,893,007.35
OWNER - CONTRACTOR AGREEMENT
P-2 SEWER UPSIZING, CIP NO. 24-03
This Owner -Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Burtech Pipeline Incorporated (“Contractor”), 1325 Pipeline Drive, Vista, CA 92081, on the 2nd day of September, 2025, 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 th e 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 penal ties 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:
Burtech Pipeline Incorporated
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
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
Base Bid - E. 4th Street
1 Mobilization/Demobilization LS 1 $65,277.94 $65,277.94 2 Traffic and Pedestrian Control LS 1 $150,000.00 $150,000.00 3 SWPPP, Water Quality Control LS 1 $30,000.00 $30,000.00 4 Surveying LS 1 $25,000.00 $25,000.00
5 Restoration of Survey Monuments EA 6 $2,300.00 $13,800.00 6 Sewer Bypass LS 1 $38,000.00 $38,000.00
7 Clearing and Grubbing LS 1 $2,500.00 $2,500.00
8 Protection and Restoration of Existing Improvements LS 1 $500.00 $500.00 9 CCTV Existing Sewer Line E.4th Street and Harbison Ave (Pre-Construction) LS 1 $10,000.00 $10,000.00
10 Remove Existing Sewer Manhole and Replace with 5'
Sewer Manhole per SDRSD SM-02 EA 12 $21,000.00 $252,000.00 11 Add Drop Structure Feature to New Sewer Manholes as
per SDWAS SM-09 and SM-10 EA 4 $4,000.00 $16,000.00
12 Remove Existing 6" Sewer Main and Replace with 8"
SDR35 PVC Sewer Main by Open Trench to a Maximum
Depth of 15' (4th St) (SDRSD SP-02) LF 1595 $175.00 $279,125.00 13 Trench Repair - Asphalt Concrete Paving TN 560 $370.00 $207,200.00 14 Trench Repair - Class II Aggregate Base TN 1270 $65.00 $82,550.00 15 Remove Existing 6" Sewer Main and Replace with 10"
Sewer Main by Open Trench (SDRSD SP-02) LF 2256 $184.00 $415,104.00 16 Trench Shoring - Mainline & Manholes LS 1 $7,000.00 $7,000.00 17 Trench Shoring - Laterals EA 75 $100.00 $7,500.00
18 Sewer Lateral, 4" SDR35 PVC (SDRSD SS-01 through SS- 04) LF 2725 $135.00 $367,875.00
19 Sewer Lateral, 6" SDR35 PVC (SDRSD SS-01 through SS- 04) LF 250 $150.00 $37,500.00
20 Sewer Cleanout Type "B" (SDRSD SC-01) EA 75 $750.00 $56,250.00 21 Cold Milling Asphalt Pavement - 2" Depth SF 2E+05 $0.33 $80,449.71 22 Removal, Disposal and Replacement of Unsuitable
Material TN 1500 $118.00 $177,000.00
23 2" Asphalt Concrete (AC) Pavement with Forta-Fi TN 3060 $180.00 $550,800.00 24 4" Asphalt Concrete (AC) Digouts TN 1000 $425.00 $425,000.00 25 Remove and Replace PCC Sidewalk (SDRSD G-07) SF 3900 $17.60 $68,640.00
26 Remove and Replace PCC Pedestrian Curb Ramps (SDRSD
G-27 through G-32B) EA 10 $9,600.00 $96,000.00
27 Remove and Replace PCC Curb and Gutter (SDRSD G-02) LF 1140 $81.40 $92,796.00 28 Remove and Replace PCC Cross Gutter (SDRSD G-12) SF 560 $24.20 $13,552.00 29 Remove and Replace Existing PCC Driveway Approach
per SDRSD G-14 EA 1 $16,500.00 $16,500.00
30 Remove and Replace Existing Bus Pad (12'x15') in
Accordance with MTS Design Standard Figure 4-4,
Pavement Composition Recommendations - Case III,
Including excavation, Base Preparation, Reinforced
Concrete Placement, and Surface Restoration EA 1 $24,200.00 $24,200.00 31 Remove and Replace 6' Type E Loop, Limit Line Type F Loop, and Type C Bike Loop (Caltrans Standard Plan ES-
5B) EA 14 $1,650.00 $23,100.00
32 Remove, Salvage, and Re-install Existing Street Signage EA 5 $770.00 $3,850.00 33 Signage, Striping and Markings LS 1 $66,000.00 $66,000.00 Subtotal $3,701,069.65
Additive Bid - Harbison Ave
34 Mobilization/Demobilization LS 1 $15,000.00 $15,000.00 35 Traffic and Pedestrian Control LS 1 $10,000.00 $10,000.00 36 SWPPP, Water Quality Control LS 1 $5,000.00 $5,000.00 37 Surveying LS 1 $3,800.00 $3,800.00
38 Restoration of Survey Monuments EA 2 $2,300.00 $4,600.00 39 Sewer Bypass LS 1 $5,000.00 $5,000.00
40 Clearing and Grubbing LS 1 $1,000.00 $1,000.00
41 Remove Existing 6" Sewer Main and Replace with 8"
SDR35 PVC Sewer Main (Harbison Ave) (SDRSD SP-02) LF 655 $258.00 $168,990.00 42 Trench Repair - Asphalt Concrete Paving TN 110 $374.00 $41,140.00 43 Trench Repair - Class II Aggregate Base TN 250 $66.00 $16,500.00 44 Remove Existing Sewer Manhole and Replace with 5'
Sewer Manhole as per SDRSD SM-02 EA 2 $23,500.00 $47,000.00 45 Trench Shoring - Mainline & Manholes LS 1 $4,000.00 $4,000.00 46 Trench Shoring - Laterals EA 23 $150.00 $3,450.00
47 Sewer Lateral, 4" SDR35 PVC (SDRSD SS-01 through SS- 04) LF 675 $135.00 $91,125.00
48 Sewer Cleanout Type "B" (SDRSD SC-01) EA 23 $750.00 $17,250.00 49 Cold Milling Asphalt Pavement - 2" Depth SF 27895 $0.33 $9,205.35 50 Removal, Disposal and Replacement of Unsuitable
Material TN 500 $118.00 $59,000.00
51 2" Asphalt Concrete (AC) Pavement with Forta-Fi TN 370 $180.00 $66,600.00
52 4" Asphalt Concrete (AC) Digouts TN 250 $425.00 $106,250.00 53 Remove and Replace PCC Sidewalk (SDRSD G-07) SF 1250 $17.60 $22,000.00 54 Remove and Replace PCC Pedestrian Curb Ramps (SDRSD
G-27 through G-32B) EA 1 $12,320.00 $12,320.00
55 Remove and Replace PCC Curb and Gutter (SDRSD G-02) LF 375 $80.00 $30,000.00 56 Remove and Replace PCC Curb Inlet Type B1 Gutter Only as per SDRSD D-02 EA 1 $7,150.00 $7,150.00
57 Remove and Replace Existing Raised Median Integral
Curb per SDRSD G-6 and G-12 LF 60 $165.00 $9,900.00
58 Remove and Replace Existing Raised Median 4" PCC
Decorative Concrete Paving to Match Existing SF 100 $60.50 $6,050.00 59 Signage, Striping and Markings LS 1 $4,600.00 $4,600.00 Subtotal $766,930.35
Total $4,468,000.00
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 th e City of National City, by Resolution No. 20 25- _____, OR the City Manager of the City of National City, on the 2nd day of September, 2025, has awarded Burtech Pipeline Inc., hereinafter designated as the "Principal", the P-2 SEWER UPSIZING project.
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 Four Million, Four Hundred Sixty Eight Thousand Dollars ( $4,468,000.00) 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 a nd 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 in demnify 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 rec overed, 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 subsc ribed 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. 202 5- _____, OR the City Manager of the City of National City, on the 2nd day of September, 2025, has awarded Burtech Pipeline Inc., hereinafter designated as the "Principal", the P-2 SEWER UPSIZING project.
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 p enal sum of Four Million, Four Hundred Sixty Eight Thousand Dollars ($4,468,000.00) 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 o f 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 insure 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 there fore, 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 ot her 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 S tate, 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 Sure ty 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. 2025 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA , 1)
AWARDING A CONTRACT TO BURTECH PIPELINE INCORPORATED IN THE NOT-TO-EXCEED AMOUNT OF $ 4,468,000 FOR THE P-2 SEWER UPSIZING PROJECT, CIP NO. 2 4-03; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $670,200 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT.
WHEREAS, the P-2 Sewer Upsize project , CIP. No. 24 -03 (the “Project”) will replace approximately 3,900 linear feet of existing 6-inch sewer main with new 8-inch and 10-inch sewer main along E. 4th Street, and approximately 660 linear feet of existing 6-inch sewer main with new 8-inch sewer main along Harbison Avenue; and
WHEREAS, on July 1, 2025, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on July 15th and July 21st, 2025, the bid solicitation was advertised in the local newspaper; and
WHEREAS, on August 5, 2025, nine (9) bids were received by the 2:00 p.m. deadline; and WHEREAS, upon review of all documents submitted, Burtech Pipeline Incorporated’s bid in the total bid amount of $ 4,468,000 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 Burtech Pipeline Incorporated in the not to -exceed amount of $4 ,468,000 for the P-2 Sewer Upsize project , CIP. No. 24 -03; 2) authorizing a 15% contingency in the amount of $6 70,200 for any unforeseen changes; and 3) 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 authorizes the Mayor to execute the contract with Burtech Pipeline Incorporated in the not-to-exceed amount of $4,468,000 for the P-2 Sewer Upsizing project, CIP No. 24-03.
Section 2: That the City Council hereby authorizes a 15% contingency in the amount of $670,200 for any unforeseen changes.
Section 3: 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 2nd day of September, 2025.
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: Carlos Perdomo – Civil Engineering Technician Meeting Date: Tuesday, September 2, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:
Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence Located at 1130 E. 21st Street.
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 1130 E. 21st Street.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
At their meeting on June 11, 2025, the Traffic Safety Committee unanimously approved staff’s recommendation for the installation of a blue curb disabled persons parking space with signage in front of the residence located at 1130 E. 21st Street.
EXPLANATION:
Mr. David Rivera, resident of 1130 E. 21st Street, has requested a blue curb disa bled persons parking space in front of his residence. The residence is located mid -block on the south side of E. 21st Street between K Avenue and L Avenue. The resident possesses a valid disabled person’s placard from the California Department of Motor Vehicles. Mr. Rivera stated that sometimes it is difficult for him to find parking in front of his residence; therefore, a disabled person parking space in front of his residence would provide safer access to his house.
Staff visited the site and observed th at Mr. Rivera’s residence does not have a driveway or garage.
Currently, there are two existing on -street handicap parking spaces provided in the immediate vicinity of the area: 1) 1923 K Avenue (approved per TSC Item 2013 -05), and 2) 832 E. 20th Street (approved per TSC Item 2020 -18). Per National City Disabled persons parking zone requirements, the total number of blue curb disabled persons parking spaces (including the proposed space in front of 1130 E. 21st Street) would not exceed 4% of the total nu mber of on- street parking spaces available in the area.
Chapter 11.32.225 of the National City Municipal Code is used to evaluate requests for disabled persons parking spaces. The City’s Disabled persons parking zone requirements for Special Hardship Cases are as follows:
1. Applicant (or guardian) must be in possession of valid license plates or placard for “disabled persons” or “disabled veterans”. This condition is met.
2. The proposed disabled parking space must be in front (or side if on a corner lo t) of the applicant’s (or guardian’s) place of residence. This condition is met.
3. The residence must not have useable off -street parking available or an off -street space available that may be converted into disabled parking. This condition is met.
This item was presented to the Traffic Safety Committee on June 11, 2025. Staff sent a notice to the residents inviting them to the Traffic Safety Committee Meeting and/or to contact staff with any questions. Mr. Rivera was not in attendance to speak on this item.
Staff presented the results of the site evaluation to the Traffic Safety Committee and after discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install a blue curb disabled persons parking space with signage, since all three conditions of the Special Hardship Cases section of the National City Municipal Code Chapter 11.32.225(C), disabled persons parking zone, are met.
The applicant for this request was informed that disabled persons parking spaces do not constitute “personal reserved parking” and that any person with valid “disabled persons” license plates or placards may park in disabled persons parking spaces.
If approved by the City Council, all work will be performed by City Public Works staff.
FINANCIAL STATEMENT:
The estimated cost to install the disabled persons parking space is approximately $300. Funding is available within the Engineering & Public Works Streets Division maintenance and operations budget.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Public Safety
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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Location Map
Exhibit B – Staff Report to TSC
Exhibit C – Resolution
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR JUNE 11, 2025
ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED PERSONS
PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 1130 E. 21ST STREET
PREPARED BY: Carlos Perdomo, Engineering Technician – Civil Engineering & Public Works Department
DISCUSSION:
Mr
. David Rivera, resident of 1 130 E. 21st Street, has requested a blue curb disabled person s parking space in front of his residence. The residence is located mid-block on the south side of E. 21
st Street between K Avenue and L Avenue. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. Mr. Rivera stated that sometimes it is difficult for h im to find parking in front of h is residence; therefore, a disabled person parking space in front of his residence would provide safer access to his house.
S
taff visited the site and observed that Mr. Rivera’s residence does not have a driveway or garage. The property does have a rear yard accessible via the alley between K Avenue and L Avenue. Staff checked the side yard for ADA accessibility and confirmed there is no access for a vehicle.
Cu
rrently, there are two existing on-street handicap parking spaces provided in the immediate vicinity of the area: 1) 1923 K Avenue (approved per TSC Item 201 3-05), 2) 832 E. 20th Street (approved per TSC Item 20 20-18). Per National City Disabled persons parking zone requirements, the total number of blue curb disabled persons parking spaces (including the proposed space in front of 1130 E. 21st Street) would not exceed 4% of the total number of on- street parking spaces available in the area.
Ch
apter 11.32.225 of the National City Municipal Code is used to evaluate requests for disabled persons parking spaces. The City’s Disabled persons parking zone requirements for Special Hardship Cases are as follows:
1. A
pplicant (or guardian) must be in possession of valid license plates or placard for “disabled persons” or “disabled veterans”. This condition is met.
2. Th
e proposed disabled parking space must be in front (or side if on a corner lot) of the applicant’s (or guardian’s) place of residence. This condition is met.
3. T
he residence must not have useable off- street parking available or an off- street space available that may be converted into disabled parking. Although there is usable off-street parking in the rear yard of the property, there is no ADA accessible path of travel.
Therefore, this condition is met.
ITEM NO. 2025-09
3
It shall be noted that disabled persons parking spaces do not constitute “personal reserved parking” and that any person with valid “disabled persons” license plates or placards may park in handicap spaces.
Please see attached exhibit for the location of existing blue curb disabled persons parking spaces within a 4-block radius from the proposed location for this request.
STAFF RECOMMENDATION:
Since all three conditions of the City’s Disabled persons parking zone requirements for Special Hardship Cases is met, staff recommends the installation of a blue curb disabled persons parking space with signage.
EXHIBITS:
1. Public Request Form
2. Location Map
3. Location Map showing existing blue curb parking spaces in the area
4. Photos
5. National City Municipal Code Disabled Persons Parking Policy
2025-09
4. Green means no stopping, standing or parking for longer than fifteen or thirty minutes, as marked or signed, at any time between seven a.m. and six p.m. of any day except Sundays and holidays , unless otherwise indicated on postage signage.
5. Blue means parking reserved exclusively for disabled persons. Vehicles must display either a distinguishing license plate or placard issued pursuant to CVC Section 22511.5.B. When the Director of Public Works, as authorized under this title, has caused curb markings to be placed, n o person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section, and it is unlawful for any person not duly authorized, to paint or cause said curbs to be painted . (Ord. 827 § 71, 1951)
11.32.200 Loading permitted—Effect.
A. Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of materials applies only to commercial vehicles and shall not extend beyond the time necessary therefor, and in no event for more than twenty minutes.
B. The loading or unloading of materials applies only to commercial deliveries, and the delivery or pickup of express and parcel post packages and United States mail.
C. Permission herein granted to stop or park for purposes of loading or unloading passengers includes the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor , and in no event for more than three minutes.
D. Within the total time limits above specified the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges hereby granted.
(Ord. 827 § 72, 1951)
11.32.210 Loading zone—Restrictions.
No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or material for such time as is permitted in Section 11.32.200. (Ord. 827 § 73, 1951)
11.32.220 Passenger loading zone—Restrictions.
No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in Section 11.32.200. (Ord. 827 § 74, 1951)
11.32.225 Disabled persons parking zone—Authority—Designation.
A. The City Engineer is authorized to designate specially marked and posted on -street parking spaces for disabled persons pursuant to CVC 21101, et seq. at the following facilities:
1. Government Buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc.
2. Hospitals and convalescent homes with more than 75-bed capacity.
3. Medical facilities and doctors’ offices staffed by a maximum of five practitioners . Zones shall be located to serve a maximum number of facilities on one block.
4. Community service facilities such as senior citizens service centers, etc.
5. Accredited vocational training and educational facilities where no off street parking is provided for disabled persons.
6. Employment offices for major enterprises employing more than 200 persons.
7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc.
8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity.
9. Other places of assembly such as schools and churches.
10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block.
11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day.
12. A hotel or apartment house catering to weekly or monthly guests and cont aining more than 30 separate living units.
B. General requirements.
1. Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant).
2. Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 4% of the total number of on-street parking spaces available in the area and shall be distributed uniformly within the area.
3. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition.
4. The cost of installing disabled persons parking, not initiated by public request, will be assumed by the City on public streets and public off-street parking facilities.
5. In establishing on-street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on-going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program.
6. Applicant pays a one-time fee as determined by the City Engineer for recoverable costs related to installation and maintenance.
C. Special Hardship Cases.
1. It is not the intention of the City to provide personal reserved parking on the public right-of-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists:
a. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans."
b. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence.
c. Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking.
RESOLUTION NO. 2025 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA,
AUTHORIZING THE INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 1130 E. 21ST STREET.
WHEREAS, Mr. David Rivera, resident of 1130 E. 21st Street, has requested a blue curb disabled persons parking space in front of his residence; and WHEREAS, the resident possesses a valid disabled person’s placard from the California Department of Motor Vehicles; and
WHEREAS, the resident stated that he is requesting the accommodation since it is difficult for him to find parking in front of his residence and a disabled person parking space in front of his residence would provide safer access to his house; and
WHEREAS, staff visited the site and observed that Mr. Rivera’s residence does not have either a driveway nor a garage; and
WHEREAS, this item was presented to the Traffic Safety Committee on June 11, 2025 ; and
WHEREAS, staff sent notices to area residents inviting them to the Traffic Safety Committee Meeting and/or contact staff with any questions; and WHEREAS, Mr. Rivera was not in attendance to speak in support of the blue curb disabled persons parking space; and
WHEREAS, staff presented the results o f the site evaluation to the Traffic Safety Committee and , after discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install a blue curb disabled persons parking space with signage in front of the residence at 1130 E. 21st Street, since all three conditions of the Special Hardship Cases section of the National City Municipal Code section 11.32.225(C), Disabled persons parking zone, are met.
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 installation of a blue curb disabled persons parking space with signage in front of the residence at 1130 E. 21st Street.
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 2nd day of September, 2025.
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: Carlos Perdomo – Civil Engineering Technician Meeting Date: Tuesday, September 2, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:
Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence Located at 431 J Avenue.
RECOMMENDATION:
Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 431 J Avenue.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
At their meeting on June 11, 2025, the Traffic Safety Committee unanimously approved staff’s recommendation for the installation of a blue curb disabled persons parking space with signage in front of the residence located at 431 J Avenue.
EXPLANATION:
Mr. Paul Martinez, resident of 431 J Avenue, has requested a blue curb disabled persons parking space in front of his residence, for his mother. The residence is located mid-block on the east side of J Avenue between E. 4th Street and E. 5th Street. The re sident’s mother possesses a valid disabled persons placard from the California Department of Motor Vehicles. Mr. Martinez stated that sometimes it is difficult for him to find parking in front of his residence, therefore, a disabled persons parking space in front of his residence would provide safer access for his mother to reach her house.
Staff visited the site and observed that Mr. Martinez ’s residence does not have a driveway or garage. It should also be noted that the rear half of the property is occupied by different tenants.
Currently, there are five existing on -street handicap parking spaces provided in the immediate vicinity of the area: 1) 905 E. 5th Street (approved per TSC Item 2013 -22), 2) 524 Highland Avenue (approved per TSC Item 2015-04), 3) 524 J Avenue (approved per TSC Item 2015 -03), 4) 915 E 4th Street, and 5) 437 J Avenue. Per National City Disabled persons parking zone requirements, the total number of blue curb disabled persons parking spaces (including the proposed space in front of 431 J Avenue) would not exceed 4% of the total number of on -street parking spaces available in the area.
Chapter 11.32.225 of the National City Municipal Code is used to evaluate requests for disabled persons parking spaces. The City’s Disabled persons pa rking zone requirements for Special Hardship Cases are as follows:
1. Applicant (or guardian) must be in possession of valid license plates or placard for “disabled persons” or “disabled veterans”. This condition is met.
2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant’s (or guardian’s) place of residence. This condition is met.
3. The residence must not have useable off -street parking available or an off -street space available that may be converted into disabled parking. This condition is met.
This item was presented to the Traffic Safety Committee on June 11, 2025. Staff sent a notice to the residents inviting them to the Traffic Safety Committee Meeting and/or to contact staff with any questions. Mr. Martinez was in attendance to speak on this item.
Staff presented the results of the site evaluation to the Traffic Safety Committee and after discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install a blue curb dis abled persons parking space with signage, since all three conditions of the Special Hardship Cases section of the National City Municipal Code Chapter 11.32.225(C), disabled persons parking zone, are met.
The applicant for this request was informed that d isabled persons parking spaces do not constitute “personal reserved parking” and that any person with valid “disabled persons” license plates or placards may park in disabled persons parking spaces.
If approved by the City Council, all work will be performed by City Public Works staff.
FINANCIAL STATEMENT:
The estimated cost to install the disabled persons parking space is approximately $300. Funding is available within the Engineering & Public Works Streets Division maintenance and operations budget.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Public Safety
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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Location Map
Exhibit B – Staff Report to TSC
Exhibit C – Resolution
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR JUNE 11, 2025
ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 431
J AVENUE
PREPARED BY: Carlos Perdomo, Engineering Technician – Civil Engineering & Public Works Department
DISCUSSION:
M
r. Paul Martinez, resident of 431 J Avenue, has requested a blue curb disabled persons parking space in front of his residence, for his mother. The residence is located mid -block on the east side of J Avenue between E. 4th Street and E. 5th Street. The r esident’s mother possesses a valid disabled persons placard from the California Department of Motor Vehicles. Mr. Martinez stated that sometimes it is difficult for him to find parking in front of his residence, therefore, a disabled persons parking space in front of his residence would provide safer access to his house.
S
taff visited the site and observed that Mr. Marti nez residence does not have a driveway or garage. It should also be noted that the rear half of the property is occupied by different tenants.
Cu
rrently, there are five existing on-street handicap parking spaces provided in the immediate vicinity of the area: 1) 905 E. 5 th Street (approved per TSC Item 201 3-22), 2) 52 4 H ighland Avenue (approved per TSC Item 20 15-04), 3) 524 J Avenue (approved per TSC Item 20 15-03), 4) 915 E
4th Street, 5) 437 J Avenue. Per National City Disabled persons parking zone requirements, the total number of blue curb disabled persons parking spaces (including the proposed space in front of 431 J Avenue) would not exceed 4% of the total number of on-street parking spaces available in the area.
Ch
apter 11.32.225 of the National City Municipal Code is used to evaluate requests for disabled persons parking spaces. The City’s Disabled persons parking zone requirements for Special Hardship Cases are as follows:
1. A
pplicant (or guardian) must be in possession of valid license plates or placard for “disabled persons” or “disabled veterans”. This condition is met.
2. Th
e proposed disabled parking space must be in front (or side if on a corner lot) of the applicant’s (or guardian’s) place of residence. This condition is met.
3. T
he residence must not have useable off- street parking available or an off- street space available that may be converted into disabled parking. Although there is usable off-street parking in the rear yard of the property, there is no ADA accessible path of travel.
Therefore, this condition is met.
ITEM NO. 2025-10
4
It shall be noted that disabled persons parking spaces do not constitute “personal reserved parking” and that any person with valid “disabled persons” license plates or placards may park in handicap spaces.
Please see attached exhibit for the location of existing blue curb disabled persons parking spaces within a 4-block radius from the proposed location for this request.
STAFF RECOMMENDATION:
Since all three conditions of the City’s Disabled persons parking zone requirements for Special Hardship Cases is met, staff recommends the installation of a blue curb disabled persons parking space with signage.
EXHIBITS:
1. Public Request Form
2. Location Map
3. Location Map showing existing blue curb parking spaces in the area
4. Photos
5. National City Municipal Code Disabled Persons Parking Policy
2025-10
4. Green means no stopping, standing or parking for longer than fifteen or thirty minutes, as marked or signed, at any time between seven a.m. and six p.m. of any day except Sundays and holidays , unless otherwise indicated on postage signage.
5. Blue means parking reserved exclusively for disabled persons. Vehicles must display either a distinguishing license plate or placard issued pursuant to CVC Section 22511.5.B. When the Director of Public Works, as authorized under this title, has caused curb markings to be placed, n o person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section, and it is unlawful for any person not duly authorized, to paint or cause said curbs to be painted . (Ord. 827 § 71, 1951)
11.32.200 Loading permitted—Effect.
A. Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of materials applies only to commercial vehicles and shall not extend beyond the time necessary therefor, and in no event for more than twenty minutes.
B. The loading or unloading of materials applies only to commercial deliveries, and the delivery or pickup of express and parcel post packages and United States mail.
C. Permission herein granted to stop or park for purposes of loading or unloading passengers includes the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor , and in no event for more than three minutes.
D. Within the total time limits above specified the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges hereby granted.
(Ord. 827 § 72, 1951)
11.32.210 Loading zone—Restrictions.
No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or material for such time as is permitted in Section 11.32.200. (Ord. 827 § 73, 1951)
11.32.220 Passenger loading zone—Restrictions.
No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in Section 11.32.200. (Ord. 827 § 74, 1951)
11.32.225 Disabled persons parking zone—Authority—Designation.
A. The City Engineer is authorized to designate specially marked and posted on -street parking spaces for disabled persons pursuant to CVC 21101, et seq. at the following facilities:
1. Government Buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc.
2. Hospitals and convalescent homes with more than 75-bed capacity.
3. Medical facilities and doctors’ offices staffed by a maximum of five practitioners . Zones shall be located to serve a maximum number of facilities on one block.
4. Community service facilities such as senior citizens service centers, etc.
5. Accredited vocational training and educational facilities where no off street parking is provided for disabled persons.
6. Employment offices for major enterprises employing more than 200 persons.
7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc.
8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity.
9. Other places of assembly such as schools and churches.
10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block.
11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day.
12. A hotel or apartment house catering to weekly or monthly guests and cont aining more than 30 separate living units.
B. General requirements.
1. Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant).
2. Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 4% of the total number of on-street parking spaces available in the area and shall be distributed uniformly within the area.
3. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition.
4. The cost of installing disabled persons parking, not initiated by public request, will be assumed by the City on public streets and public off-street parking facilities.
5. In establishing on-street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on-going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program.
6. Applicant pays a one-time fee as determined by the City Engineer for recoverable costs related to installation and maintenance.
C. Special Hardship Cases.
1. It is not the intention of the City to provide personal reserved parking on the public right-of-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists:
a. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans."
b. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence.
c. Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking.
RESOLUTION NO. 2025 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA,
AUTHORIZING THE INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 431 J AVENUE.
WHEREAS, Mr. Paul Martinez, resident of 431 J Avenue, has requested a blue curb disabled persons parking space in front of his residence, for his mother; and WHEREAS, the resident’s mother possesses a valid disabled persons placard from the California Department of Motor Vehicles; and
WHEREAS, the resident stated that he is requesting the accommodation since it is difficult for him to find parking in front of his residence and a disabled persons parking space in front of his residence would provide safer access for his mother to reach her house; and WHEREAS, staff visited the site and observed that Mr. Martinez’s residence does not have either a driveway nor a garage; and
WHEREAS, this item was presented to the Traffic Safety Committee on June 11, 2025 ; and
WHEREAS, staff sent notices to area residents inviting them to the Traffic Safety Committee Meeting and/or contact staff with any questions; and WHEREAS, Mr. Martinez was in attendance to speak in support of the blue curb disabled persons parking space; and
WHEREAS, staff presented the results of the site evaluation to the Traffic Safety Committee and , after discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install a blue curb disabled persons parking space with signage in front of the residence at 431 J Avenue , since all three conditions of the Special Hardship Cases section of National City Municipal Code section 11.32.225(C), Disabled persons parking zone, are met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF N ATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the installation of a blue curb disabled persons parking space with signage in front of the residence at 431 J Avenue.
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 2nd day of September, 2025.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, September 2, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:
League of California Cities Annual Conference – Designation on Voting Delegate and Alternate(s)
RECOMMENDATION:
Adopt a Resolution Entitled, Resolution of the City Council of the City of National City, California, Designating a Voting Delegate and up to Two Alternates to Represent the City of National City at the 2025 League of California Cities Annual Conference and Expo.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The League of California Cities 2025 Annual Conference is scheduled for October 8-10, 2025 at the Long Beach Convention Center. An important part of the Annual Conference is the Annual Business Meeting (during the General Assembly) scheduled on Friday, October 10, 2025. At this meeting, the League membership considers and takes action on resolutions that establish Cal - Cities policy.
In order for cities to cast a vote during the Business meeting, each city’s respective City Council must designate a voting delegate. In the instance that the selected voting delegate is unable to serve in that capacity, the League of California Cities’ Bylaws afford each City the opportunity to appoint up to two alternate voting delegates.
According to the League’s Bylaws, t he selection of the voting delegate and alternates must be performed through the official action of the City Council. Furthermore, the voting delegate and alternates must be registered to attend the conference. Eligible individuals who may be selected as the City’s voting delegate include the Mayor, each City Council member, as well as any other City official selected by the City Council to serve in this capacity.
At this time, staff respectfully requests that the City Council consider appointing a voting delegate and up to two alternates to vote on the City’s behalf at the Annual Business Meeting of the League of California Cities on October 10, 2025.
FINANCIAL STATEMENT:
The travel costs and registration fees associated with this meeting will be charge d to the designees’ respective FY 2025-26 departmental budgets.
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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A - Resolution
RESOLUTION NO. 2025 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA,
DESIGNATING A VOTING DELEGATE AND UP TO TWO ALTERNATES TO REPRESENT THE CITY OF NATIONAL CITY AT THE 2025 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE & EXPO.
WHEREAS, the City of National City (“City”) is a member of good standing of the League of California Cities (“League”); and
WHEREAS, a representative from the City will be attending the 202 5 League Annual Conference & Expo October 8-10, 2025; and
WHEREAS, each member city has a right to cast one vote on matters pertaining to League policy at the conference; and
WHEREAS, consistent with the League bylaws, a city’s voting delegate and/or alternate must be designated by City Council action , and the individual(s) are identified in the Voting Delegate Form provided to the League Credential Committee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the Cit y Council hereby authorizes and designat es the following Voting Delegate and Alternate(s) to the 2025 League of California Cities Annual Conference:
Voting Delegate: ______________________________________________
Alternate 1: __________________________________________________
Alternate 2: __________________________________________________
Section 2: That this Resolution shall take effect immediately upon its passage.
Section 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
Section 4: That the City Clerk shall forward a certified copy of the signed Resolution to the League of California Cities no later than the September 24, 2025 deadline.
PASSED and ADOPTED this 2nd day of September, 2025.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Planning
Prepared by: Sophia Depew, Assistant Planner
Meeting Date: Tuesday, September 2, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:
Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) for Beer and Wine Sales at a New Restaurant (Zhangliang Malatang Spicy Hotpot) Located at 1430 E Plaza Boulevard, Suite E20.
RECOMMENDATION:
Staff Recommends Approval of the Sale of On-Site Beer and Wine, Subject to the Recommended Conditions in Planning Commission Resolution No. 2025-11, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol is a Conditionally -Allowed Use in Major Mixed-Use District Zone and Would be Accessory to Food Sales in the Restaurant.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
On August 18, 2025, the Planning Commission recommended approval of th e CUP by a unanimous vote of those present.
EXPLANATION:
The operator of Zhangliang Malatang Spicy Hotpot restaurant has applied for a California Department of Alcoholic Beverage Control (ABC) Type 41 license to offer on -site beer and wine sales. The applicant is proposing alcohol sales from 11:00 a.m. to 11:00 p.m. daily.
The Planning Commission conduc ted a public hearing on August 18 , 202 5, and voted to recommend approval of the request based on the attached findings and recommended Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail.
FINANCIAL STATEMENT:
An application fee of $3,700 was paid with the submittal of the subject CUP. Fees are anticipated to cover the cost of staff review time and processing of the permit.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Balanced Budget and Economic Development
ENVIRONMENTAL REVIEW:
This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c).
PUBLIC NOTIFICATION:
The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Planning Commission Staff Report with attachments Exhibit B – 8/18/25 Planning Commission PowerPoint slides
Item no. 5
A
ugust 18, 2025
COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
PLANNING COMMISSION STAFF REPORT
T
itle: PUBLIC HEARING – DETERMINATION THAT THE
PROJECT IS CATEGORICALLY EXEMPT F ROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION
15301 (EXISTING FACILITIES) AND CONDITIONAL USE
PERMIT FOR BEER AND WINE SALES (ABC TYPE-41) AT
A NEW RESTAURANT (ZHANGLIANG MALATANG SPICY
HOTPOT) TO BE LOCATED A T 1430 E AST PLAZA
BOULEVARD, SUITE E20.
Ca
se File No.: 2025-17 CUP
Loc
ation: Southeast corner of East Plaza Boulevard and N Avenue A
ssessor’s Parcel No: 557-322-14
S
taff report by: Erin Reim, Planning Technician
A
pplicant: Shuang Zheng
Z
oning designation: M ajor Mixed-Use District (MXD-2)
A
djacent use and zoning:
N
orth: Shopping Center and Restaurants / MXD-2
E
ast: Residential / RS-2 (Small Lot Residential)
S
outh: National School District Administrative Center / I (Institutional) W
est: South Bay Plaza and Residential / MXD-2 and RS-2
Env
ironmental review: Categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities)
S
taff recommendation: Approve
Planning Commission
Meeting of August 18, 2025
Staff Recommendation
Staff recommends approval of the request for on-site beer and wine sales, subject to the recommended conditions in the attached resolution and a determination that the project is exempt from CEQA. The sale of alcohol is a conditionally-allowed use in the Major Mixed-Use District zone and would be accessory to food sales at the restaurant.
Executive Summary
The operator of Zhangliang Ma latang Spicy Hotpot restaurant has applied for a California Department of Alcoholic Beverage Control (ABC) Type 41 license to offer on-site beer and wine sales. The applicant is proposing alcohol sale s from 11:00 a.m. to 11:00 p.m. daily.
Site Characteristics
Zhangliang Malatang Spicy Hotpot is a new restaurant in an existing s uite in Bay Plaza Shopping Center within the M ajor Mixed-Use District (MXD-2) zone. The existing suite is 2,540 square feet in size, approximately 1,300 square feet will be dedicated to dining for the restaurant . The dining room will have 72 seats.
Surrounding the restaurant is a mix of commercial and residential uses. The properties directly abutting the restaurant are serv ice and retail suites . T he closest single-family homes are located east of the property , but are separated by a significant grade change.
The property is located in C ensus Tract 117, which covers the area between National City Boulevard and N Avenue, and between East 8th Street and E ast 18th Street. The area encompasses a range of resi dential, institutional, and commercial uses, including a variety of restaurants that serve alcohol. The restaurant is located on th e southeast corner of East Plaza B oulevard and N Avenue.
Proposed Use
The appli cant is proposing beer and wine sal es (ABC Ty pe-41) in conjunction with food sales at the restaurant. Restaurant hours will be 1 1:00 a.m. to 11:00 p.m. daily. Proposed hours for alcohol sales are the same as the restaurant. No live entertainment is proposed.
Analysis
Section 18.30.050 of the Land Use Code (LUC) allows for on-site alcohol sales with an approved Conditional Use Permit (CUP). Additional requirements for
Planning Commission
Meeting of August 18, 2025
alcohol CUPs include expanded notification, a communit y meeting, and distance requirements. City Council Policy 707 also regulates alcohol sales in the city.
Hours of Operation
Restaurants with on -site alcohol sal es have been approved with varying hours throughout the city. Most re cently, three restaurants in 2024 were approved for on-site alcohol sales of beer and wine (ABC Type-41). For reference, the recent restaurants are:
Name Address License Type* Approved Hours
La Malcriada Birrieria 1604 E 18th St. 41 8:00 a.m. - 10:00 p.m. inside 8:00 a.m. - 9:00 p.m. outside
Tacos El Franc 3030 Plaza Bonita Rd. 41 10:00 a.m. - 10:00 p.m. daily Mariscos La Capital 801 National City Blvd. 41 8:00 a.m. - 11:30 p.m. daily *Type 41 – On-Sale Beer and Wine
Based on the r ecently approved hours for restaurants with alcohol sales, staff is amenable to t he hour s proposed by the applicant. Proposed hours for alcohol sales are from 11:00 a.m. to 11:00 p.m. daily . These hours are consistent with previous approval s and the surrou nding major commercial area. It should be noted that a Type 41 ABC license (On Sale Beer & Wine – Eating Place) requires that alcohol s ales not exceed food sales. In addition, City Council 707 requires that alcohol must be purchased with food.
Mailing – All property owners and occupants within a dista nce of 660 feet are required to be notified of a public hearing for al cohol-related CUP applications.
Notice of thi s public heari ng was sent to 520 occupants and owners. No public comment has been received as of the writing of this report.
Community Meeti ng - Pursuant to Section 18.30.050 (C) of the LUC, a community meeting was held Monday, July 14, 2025 at 10:00 a.m. at the subject restaurant. The meeting advertisement is attached (Attachment 8); there were no community members in attendance.
Distance Requirements - Section 18.030.050 (D) of the LUC requires a 660-foot distance from any public school; t here are no sch ools within 660 feet of the sit e.
In addition, restaurants with greater than 30% of their area devoted to seating are exempt from this distance requirement . The property i n quest ion has approximately 51% of its floor area devoted to seating.
Planning Commission
Meeting of August 18, 2025
Alcohol Sales Concentration/Location
According to the California Department of Alcoholic Bev erage Contr ol (ABC), there are currently 18 on-site licenses in Census Tract 117, where a maximum of ten are recommended. However, of those 18 , two are catering licenses and one is a VFW hall. The Census Tract is considered over concentrated by ABC with regard to on- site alcohol sale outlets. Concentration of on- site licenses is higher in this area due to more commercial businesses operating in C ensus Tract 117, which includes a portion of downtown and a major commerci al area along East Plaza Boulevard.
Police Department (PD)
The ABC Risk Assessment provi ded by PD allocated a total of 1 2 points, which places it in the Low Risk category (Low Risk is considered 12 points or less). The Risk Assessment is included as Attachment 6. No additional recommendations were provided by PD.
Institute for Public Strategies
Comments were received from IPS with the following considerations:
1. Require that staff and management attend an in- person Responsible Beverage Sales and Service training.
2. Require signage posted that open containers of alcoholic beverages must remain ins ide the restaurant and may not be consumed at the tables outside.
Standard conditions of approval are included in the report in compliance with City Council Policy 707. IP S comments are included as Attachment 7. Conditions of approval are included that restrict the hours of alcohol sales and off-site alcohol consumption.
Findings for Approval
The following are the required findings in the attached draft resolution:
1. Allowable Use: Alcohol sales are allowable within Major Mixed-Use District zone, pur suant to a CUP, and the proposed use meets the required guidelines in t he Land Use Code for alcohol sales , as discussed in the staff report. The use is incidental to a restaurant use in a mixed-use area.