DATE: DECEMBER 9, 2025
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR
BY: JONATHAN ESTEBAN, ASSISTANT ENGINEER
ADRIANA ROBLES, P.E., C.F.M., CITY ENGINEER
TITLE: ACCEPTANCE OF THE NATIVIDAD CREEK PARK RESTROOM REHABILITATION PROJECT, CIP NO. 9346 RECOMMENDED MOTION:
A motion to approve a resolution accepting the Natividad Creek Park Restroom Rehabilitation Project, CIP No. 9346, for maintenance and responsibility.
EXECUTIVE SUMMARY:
On July 1, 2025, the City Council approved Resolution No. 23297 awarding a contract to David Construction and Management, Inc. (“David Construction”) for the Natividad Creek Park Restroom Rehabilitation Project, CIP No. 9346 in the amount of $137,874. Construction began on September 2, 2025. David Construction completed the project for a total amount of $212,198, including four change orders of $74,324. As of December 1, 2025, the project has been completed as described within the scope of work and change orders.
BACKGROUND:
The Alisal Vibrancy Plan and Parks, Recreation and Libraries Master Plan identified the rehabilitation of the Natividad Creek Park restrooms as a priority project for the community. In response to this identified necessity, Community Development allocated Community Development Block Grant (CDBG) entitlement Funds for this project. City staff published the Request for Proposals (RFP) for this project twice. The first RFP was published on December 17, 2023, with a submission deadline of January 17, 2023. From this, a total of three proposals were received of which two were disqualified for failure to provide all required bid materials and one was rejected by Council action on April 4, 2023, due to a proposed bid amount 48% higher than the engineer’s estimate. The second RFP was released on April 4, 2023, with a submission deadline of May 9, 2023. Consequently, no bids were received. In May 2023, in accordance with CDBG regulations, and in consultation with the City Attorney, staff directly solicited proposals from two previous bidders with only one respondent.
On June 20, 2023, the City awarded a construction contract to HA Construction for the Natividad Creek Park Restroom Rehabilitation Project (“Project”) in the amount of $151,000.00. Construction began on May 6, 2024, and the contractor had 90 workings days to complete the Project. During construction, unforeseen conditions and unanticipated events occurred which changed the scope of the work. A total of 12 change orders were issued for this Project resulting in an increased total project cost to $229,674.96.
Due to significant delays, substandard construction, labor compliance discrepancies, use of unauthorized subcontractors, and falsification of records, the City terminated its construction contract with the HA Construction on August 14, 2024. The Project was partially completed, and on December 3, 2024, the Council approved a Resolution partially accepting the Project’s driveway approach and two ADA parking stalls elements. This action allowed the City to assume maintenance and responsibility of these elements, open the overflow parking lot and start the process to bring on a different contractor to complete the Project.
Following the termination of HA Construction, the City has been actively working with the Contractors State License Board (CSLB) and the bonding company to pursue damages related to the contractor’s performance. In addition, the City retained WRD Architects to revise the plans and specifications for Natividad Creek Park Restroom Rehabilitation Project No. 9346 into a format suitable for rebidding. The scope of work includes, but is not limited to, the furnishing of all labor, materials, tools, equipment, mobilization, construction best management practices, traffic control, and all incidental and appurtenant improvements and restorations required for the removal/demolition, disposal, and the construction of the Natividad Creek Park Restroom Rehabilitation Project as shown on the plans and technical specifications.
The City Engineer approved the project plans and specifications and authorized the call to bids for this project with bid submittal date of June 10, 2025.
On July 1, 2025, City Council approved Resolution No. 23297 awarding a contract to David Construction and Management, Inc. (David Construction) for the Natividad Creek Park Restroom Rehabilitation Project, CIP No. 9346 in the amount of $137,874.
Four change orders were issued for a total of $74,324. Table 1 provides a breakdown of the project change orders.
Table 1. Contract Change Orders
CCO No.
Amount
New Contract Amount (w/CCOs)
CCO Description
1 $17,606
$155,480
Grouting and plating CMU wall blowouts in chase room.
2 $750
$156,230
Existing toilet investigation and repair
3 $10,817
$167,047
ADA parking re-striping
4 $45,151
$212,198
Removal of existing exterior paint, prep, repainting exterior building, bollards, and curb. Patching CMU wall blowouts.
As of December 1, 2025, the project has been completed as described within the scope of work and change orders and was deemed substantially complete. The restroom was officially opened to the public on December 2, 2025.
Attachment 1 provides before and after photos of the Project.
CEQA CONSIDERATION:
The City of Salinas has determined that the proposed action is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 1501(a)).
CALIFORNIA GOVERNMENT CODE §84308 APPLIES:
No.
STRATEGIC PLAN INITIATIVE:
This project addresses the current City Council’s Goals of Infrastructure and Youth and Seniors.
DEPARTMENTAL COORDINATION:
The Public Works Department is collaborating with Library Community Services and Community Development Departments for the construction of this project and with Legal and Finance Departments during the procurement process.
FISCAL AND SUSTAINABILITY IMPACT:
There is no fiscal impact with this action. The contract for the Natividad Creek Park Restroom Rehabilitation Project, CIP No. 9346, was $137,874 with a total of four change orders that summed to $74,324 for a total project cost of $212,198.
Fund
General Ledger Number
(Operating/CIP)
General Ledger Account Name
Remaining Budget Appropriation
Amount Requested
n/a
n/a
n/a
n/a
n/a
ATTACHMENTS:
Resolution
Attachment 1: Before/After Photos
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