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HomeMy WebLinkAbout2012 08-14 CC HA ADJ AGENDA PKTAgenda Of An Adjourned Regular Meeting — National City City Council/Community Development Commission - Housing Authority of the City of National City Council Chambers 1243 National City Boulevard National City, California Adjourned Regular Meeting — Tuesday — August 14, 2012 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council of the City of National City to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council of the City of National City to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council of the City of National City action must be brought back on a subsequent Council of the City of National City Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espariol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estdn disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings National City City Council /Community Development Commission/Housing Authority CITY COUNCIL CONSENT CALENDAR 08/14/12 - Page 2 Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Resolution of the City Council of the City of National City approving an Agreement with the Successor Agency to the Community Development Commission as the National City Redevelopment Agency (SACDC) to provide project management for and to construct the Coolidge Avenue Community Corridor Capital Improvement Project in the amount not to exceed $1,100,000. (Funded 2011 tax Allocation Bond (CIP) fund). (Development Services - Engineering Division) 2. Resolution of the City Council of the City of National City waiving the bid process and authorizing a California Multiple Award Schedules (CMAS) purchase for delivery, installation, and utility hook-up for 2 pre -fabricated restrooms for El Toyon Park to Oregon Romtec, Inc. in the amount not to exceed $317,518.20 plus up to 4% (up to $12,700.73) for required performance, labor and material bonding costs. (Funded by Park Development Impact Fees Fund) (Development Services -Engineering Division) COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY No Items ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting — Tuesday — August 21, 2012 — 6:00 p.m - Council Chambers — National City, California. COPIES OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.pov CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 14, 2012 AGENDA ITEM NO. 1 ITEM TITLE: Resolution of the City Council of National City approving an agreement with the Successor Agency to the Community Development Commission as the National City Redevelopment Agency (SACDC) to provide Project Management for and to construct the Coolidge Avenue Community Corridor Capital Improvement Project, in the amount not -to -exceed $1,100,000. (Funded 2011 Tax Allocation Bond (CIP) fund) PREPARED BY: Barby Tipton v _ PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Funds are available in expenditure account 714-409-500-598-6173 (Coolidge Avenue Community Corridor) in the amount of $1,100,000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Resolution 3. Agreement Explanation: The Successor Agency to the Community Development Commission as the National City Redevelopment Agency (SACDC) wishes to enter into an agreement with the City of National City whereby the City shall provide Project Management for and construction of the Coolidge Avenue Community Corridor Capital Improvement Project funded in part by the 2011 Tax Allocation Bond fund. The City has also secured a $730,000, federally funded, Safe Routes to School Grant to fund a portion of the project construction costs. The City shall provide Project Management and administrative support (See attached scope of work) to manage the project through construction completion. The construction project of the Coolidge Avenue Corridor Project proposes to deliver pedestrian enhancement and traffic calming measures along the Coolidge Avenue Corridor (from E. 12th Street to E. 18th Street) and along 18th Street (from Harding Avenue to Hoover Avenue) to improve walkability, reduce cut -through traffic, reduce vehicle speeds and collisions, and enhance safety in order to encourage children from the Old Town Neighborhood to walk to and from Kimball Elementary School. The proposed enhancements include new sidewalks, ADA curb ramps, bulb -outs, a raised crosswalk (speed table), lighting upgrades, and signing and striping improvements all within the existing public right-of-way. Staff recommends that this resolution be adopted. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AND THE CITY OF NATIONAL CITY REGARDING THE COOLIDGE AVENUE COMMUNITY CORRIDOR CAPITAL IMPROVEMENT PROJECT WHEREAS, the City Council of the City of National City established the Redevelopment Agency of the City of National City (the "Redevelopment Agency") by Ordinance No. 1164, dated April 11, 1967; and WHEREAS, the City Council established the Housing Authority of the City of National City (the "Housing Authority") by Ordinance No. 1484, dated October 14, 1975; and WHEREAS, the City Council established the Community Development Commission of the City of National City (the "CDC") by Ordinance No. 1484, dated October 14, 1975, and vested the CDC with all of the powers, duties and responsibilities of both the Redevelopment Agency and the Housing Authority, among other matters, for the purpose of enabling the CDC to operate and govern the Redevelopment Agency and the Housing Authority under a single board and as a single operating entity. The Community Development Commission of the City of National City acting in its capacity as the Redevelopment Agency of the City of National City is referred to herein as the "CDC -RDA"; and WHEREAS, pursuant to Assembly Bill No. X1 26 (2011-2012 1st Ex. Sess.) signed by the California Governor on June 28, 2011 ("AB 26"), as modified by the California Supreme Court on December 29, 2011, pursuant to its decision in California Redevelopment Association v. Matosantos, which amended, among other statutes, the California Community Redevelopment Law (Health & Safety Code §§ 33000 et seq.) (the "CRL"), all California redevelopment agencies, including the Redevelopment Agency and the CDC -RDA, were dissolved on February 1, 2012, and successor agencies were designated and vested with the responsibility of winding down the business and fiscal affairs of the former redevelopment agencies; and WHEREAS, pursuant to AB 26, the City Council of the City adopted Resolution No. 2012-15 on January 10, 2012, electing to be the Successor Agency to the CDC -RDA. The Successor Agency is a legal entity that exists separate and independent from the City. The Successor Agency formally named itself the "Successor Agency to the Community Development Commission as the National City Redevelopment Agency"; and WHEREAS, on February 1, 2012, all assets, properties, contracts, leases, books and records, buildings and equipment of the Redevelopment Agency and the CDC -RDA were transferred by operation of law to the control of the Successor Agency and all authority, rights, powers, duties, and obligations previously vested in the Redevelopment Agency and the CDC - RDA were vested in the Successor Agency, for administration pursuant to Part 1.85 of AB 26; and WHEREAS, as part of the FY 2012-2013 State budget package, on June 27, 2012, the Legislature passed and the Governor signed Assembly Bill No. 1484 ("AB 1484", Chapter 26, Statutes 2012). Although the primary purpose of AB 1484 is to make technical and Resolution No. 2012 — August 14, 2012 Page Two substantive amendments to AB 26 based on issues that have arisen in the implementation of AB 26, AB 1484 imposes additional statutory provisions relating to the activities and obligations of successor agencies and to the wind down process of former redevelopment agencies; and WHEREAS, the Successor Agency is required to undertake several actions pursuant to Part 1.85 of AB 26 as amended by AB 1484, including, without limitation, to expeditiously wind down the business and fiscal affairs of the Redevelopment Agency and the CDC -RDA pursuant to Health and Safety Code Section 34177(h) of AB 1484; and WHEREAS, under AB 26 as amended by AB 1484, each successor agency shall have an oversight board with fiduciary responsibilities to holders of enforceable obligations and the taxing entities that benefit from distributions of property taxes and other revenues pursuant to Health and Safety Code Section 34188; and WHEREAS, the oversight board has been established for the Successor Agency (hereinafter referred to as the "Oversight Board") and all seven (7) members have been appointed to the Oversight Board pursuant to Health and Safety Code Section 34179. The duties and responsibilities of the Oversight Board are primarily set forth in Health and Safety Code Sections 34179 through 34181 of AB 26 as amended by AB 1484; and WHEREAS, in accordance with and pursuant to the CRL, the CDC -RDA issued its 2011 Tax Allocation Bonds in March 2011 ("Bonds"). The Bonds contain use of proceeds requirements and tax-exempt compliance matters. Specifically, the Bonds provide that one of the projects for which the proceeds of the Bonds ("Bond Proceeds") are to be expended is the Coolidge Corridor I project (referred to herein as the Coolidge Avenue Community Corridor Capital Improvement Project or "Project"). The Project will provide pedestrian and safety enhancements around Kimball Elementary School; and WHEREAS, the City received a Federal Safe Route to Schools grant for approximately $730,000 that requires a local match of $200,000. The grant requires that Project close-out occur by September 30, 2014; and WHEREAS, the Bonds provide that the Bond Proceeds are to be used for the Project and it is in the best interests of the City and for the common benefit of residents, employees, business tenants and property owners within the City for the Project to be developed and constructed; WHEREAS, due to the expertise and experience of City staff, the Successor Agency desires for the City to provide administrative and project management services and administer and expend, on behalf of the Successor Agency, the Bond Proceeds in connection with the development and construction of the Project; and WHEREAS, the City is agreeable to providing administrative and project management services and administering and expending, on behalf of the Successor Agency, the Bond Proceeds in connection with the development and construction of the Project; and WHEREAS, pursuant to Health and Safety Code Section 34180(h) of AB 1484, the Successor Agency, with the prior approval of the Oversight Board, may enter into agreements with the City; and Resolution No. 2012 — August 14, 2012 Page Three WHEREAS, Health and Safety Code Section 34171(d)(1)(F) of AB 1484 defines an "enforceable obligation" to include contracts or agreements necessary for the administration or operation of the Successor Agency; and WHEREAS, Health and Safety Code Section 34177(i) requires the Successor Agency to continue to oversee development of properties until the contracted work has been completed or the contractual obligations of the CDC -RDA can be transferred to other parties; and WHEREAS, Health and Safety Code Section 34177(i) also provides that bond proceeds shall be used for the purposes for which bonds were sold; and WHEREAS, Health and Safety Code Section 34180(e) provides that Oversight Board approval is required for the Successor Agency to continue the acceptance of federal or state grants if that assistance is conditioned upon the provision of matching funds by the Successor Agency in an amount greater than 5 percent; and WHEREAS, total costs for the Project are estimated to be $2,100,000 and WHEREAS, the City and the Successor Agency desire to enter into an Agreement by and between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency and the City of National City Regarding the Coolidge Avenue Community Corridor Capital Improvement Project ("Agreement") to acknowledge the foregoing recitals and to provide for the City to provide administrative and project management services and administer and expend, on behalf of the Successor Agency, the Bond Proceeds in connection with the development and construction of the Project, in the amount of $1,100,000; and WHEREAS, the obligations set forth in the Agreement will be contractual obligations that, if breached, will subject the Successor Agency to damages and other liabilities or remedies; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 1. The City Council has received and heard all oral and written objections to matters pertaining to this transaction, and all such oral and written objections are hereby overruled. 2. The City Council hereby finds and determines that the foregoing recitals are true and correct. 3. The City Council hereby approves the Agreement. 4. The City Manager, or his/her designee, is hereby authorized and directed to execute the Agreement on behalf of the City and to sign all other necessary Resolution No. 2012 — August 14, 2012 Page Four documents, on behalf of the City, first approved in writing by the City Attorney, and to take all other actions necessary to implement and carry out the purposes of the Agreement and this Resolution. 5. This Resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this 14th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney AGREEMENT BY AND BETWEEN THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AND THE CITY OF NATIONAL CITY REGARDING THE COOLIDGE AVENUE COMMUNITY CORRIDOR CAPITAL IMPROVEMENT PROJECT THIS AGREEMENT (this "Agreement") is entered into as of the 14th day of August, 2012, by and between the CITY OF NATIONAL CITY, a California municipal corporation (the "City"), and the SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a California public entity (the "Successor Agency"), with reference to the following facts: WHEREAS, the City Council of the City established the Redevelopment Agency of the City of National City (the "Redevelopment Agency") by Ordinance No. 1164, dated April 11, 1967; and WHEREAS, the City Council of the City established the Housing Authority of the City of National City (the "Housing Authority") by Ordinance No. 1484, dated October 14, 1975; and WHEREAS, the City Council of the City established the Community Development Commission of the City of National City (the "CDC") by Ordinance No. 1484, dated October 14, 1975, and vested the CDC with all of the powers, duties and responsibilities of both the Redevelopment Agency and the Housing Authority, among other matters, for the purpose of enabling the CDC to operate and govern the Redevelopment Agency and the Housing Authority under a single board and as a single operating entity. The Community Development Commission of the City of National City acting in its capacity as the Redevelopment Agency of the City of National City is referred to herein as the "CDC -RDA"; and WHEREAS, pursuant to Assembly Bill No. X1 26 (2011-2012 1st Ex. Sess.) signed by the California Governor on June 28, 2011 ("AB 26"), as modified by the California Supreme Court on December 29, 2011 pursuant to its decision in California Redevelopment Association v. Matosantos, which amended, among other statutes, the California Community Redevelopment Law (Health & Safety Code §§33000 et seq.) (the "CRL"), all California redevelopment agencies, including the Redevelopment Agency and the CDC -RDA, were dissolved on February 1, 2012, and successor agencies were designated and vested with the responsibility of winding down the business and fiscal affairs of the former redevelopment agencies; and WHEREAS, pursuant to AB 26, the City Council of the City adopted Resolution No. 2012-15 on January 10, 2012, electing to be the Successor Agency to the CDC -RDA. The Successor Agency is a legal entity that exists separate and independent from the City. The Successor Agency formally named itself the "Successor Agency to the Community Development Commission as the National City Redevelopment Agency"; and WHEREAS, on February 1, 2012, all assets, properties, contracts, leases, books and records, buildings and equipment of the Redevelopment Agency and the CDC -RDA were Agreement re: Coolidge Avenue Community Corridor Capital Improvement Project Page 1 of 7 transferred by operation of law to the control of the Successor Agency and all authority, rights, powers, duties, and obligations previously vested in the Redevelopment Agency and the CDC - RDA were vested in the Successor Agency, for administration pursuant to Part 1.85 of AB 26; and WHEREAS, as part of the FY 2012-2013 State budget package, on June 27, 2012, the Legislature passed and the Governor signed Assembly Bill No. 1484 ("AB 1484", Chapter 26, Statutes 2012). Although the primary purpose of AB 1484 is to make technical and substantive amendments to AB 26 based on issues that have arisen in the implementation of AB 26, AB 1484 imposes additional statutory provisions relating to the activities and obligations of successor agencies and to the wind down process of former redevelopment agencies; and WHEREAS, the Successor Agency is required to undertake several actions pursuant to Part 1.85 of AB 26 as amended by AB 1484, including, without limitation, to expeditiously wind down the business and fiscal affairs of the Redevelopment Agency and the CDC -RDA pursuant to Health and Safety Code Section 34177(h) of AB 1484; and WHEREAS, under AB 26 as amended by AB 1484, each successor agency shall have an oversight board with fiduciary responsibilities to holders of enforceable obligations and the taxing entities that benefit from distributions of property taxes and other revenues pursuant to I-Iealth and Safety Code Section 34188; and WHEREAS, the oversight board has been established for the Successor Agency (hereinafter referred to as the "Oversight Board") and all seven (7) members have been appointed to the Oversight Board pursuant to Health and Safety Code Section 34179. The duties and responsibilities of the Oversight Board are primarily set forth in Health and Safety Code Sections 34179 through 34181 of AB 26 as amended by AB 1484; and WHEREAS, in accordance with and pursuant to the CRL, the CDC -RDA issued its 2011 Tax Allocation Bonds in March 2011 ("Bonds"). The Bonds contain use of proceeds requirements and tax-exempt compliance matters. Specifically, the Bonds provide that one of the projects for which the proceeds of the Bonds ("Bond Proceeds") are to be expended is the Coolidge Corridor I project (referred to herein as the Coolidge Avenue Community Corridor Capital Improvement Project or "Project"). The Project will provide pedestrian and safety enhancements around Kimball Elementary School; and WHEREAS, the City received a Federal Safe Route to Schools grant for approximately $730,000 that requires a local match of $200,000. The grant requires that Project close-out occur by September 30, 2014; and WHEREAS, the Bonds provide that the Bond Proceeds are to be used for the Project and it is in the best interests of the City and for the common benefit of residents, employees, business tenants and property owners within the City for the Project to be developed and constructed; Agreement re: Coolidge Avenue Community Corridor Capital Improvement Project Page 2 of 7 WHEREAS, due to the expertise and experience of City staff, the Successor Agency desires for the City to provide administrative and project management services and administer and expend, on behalf of the Successor Agency, the Bond Proceeds in connection with the development and construction of the Project; and WHEREAS, the City is agreeable to providing administrative and project management services and administering and expending, on behalf of the Successor Agency, the Bond Proceeds in connection with the development and construction of the Project; and WHEREAS, pursuant to Health and Safety Code Section 34180(h) of AB 1484, the Successor Agency, with the prior approval of the Oversight Board, may enter into agreements with the City; and WHEREAS, Health and Safety Code Section 34171(d)(1)(F) of AB 1484 defines an "enforceable obligation" to include contracts or agreements necessary for the administration or operation of the Successor Agency; and WHEREAS, Health and Safety Code Section 34177(i) requires the Successor Agency to continue to oversee development of properties until the contracted work has been completed or the contractual obligations of the CDC -RDA can be transferred to other parties; and WHEREAS, Health and Safety Code Section 34177(i) also provides that bond proceeds shall be used for the purposes for which bonds were sold; and WHEREAS, Health and Safety Code Section 34180(e) provides that Oversight Board approval is required for the Successor Agency to continue the acceptance of federal or state grants if that assistance is conditioned upon the provision of matching funds by the Successor Agency in an amount greater than 5 percent; and WHEREAS, total costs for the Project are estimated to 2,100,00; and WHEREAS, the City and the Successor Agency desire to enter into this Agreement to acknowledge the foregoing recitals and to provide for the City to provide administrative and project management services and administer and expend, on behalf of the Successor Agency, the Bond Proceeds in connection with the development and construction of the Project; and WHEREAS, the obligations set forth in this Agreement will be contractual obligations that, if breached, will subject the Successor Agency to damages and other liabilities or remedies. Agreement re: Coolidge Avenue Community Corridor Capital Improvement Project Page3 of 7 NOW, THEREFORE, the parties hereto do mutually agree as follows: I. IN 1'RODUCTORY PROVISIONS The recitals above are an integral part of this Agreement and set forth the intentions of the parties and the premises on which the parties have decided to enter into this Agreement. II. CITY'S OBLIGATIONS 1. Subject to and in accordance with all of the terms and conditions contained herein, including, without limitation, subsection 3, below, the City will perform, or cause to be performed, the services (collectively, the "Services") as set forth in the attached Exhibit A, which is incorporated hereby by reference. The Services shall include not only providing administrative and project management services but also administering and expending, on behalf of the Successor Agency, the Bond Proceeds in connection with the development and construction of the Project, as more particularly set forth in Exhibit A. 2. From time to time, the City Manager or his/her designee shall prepare and provide to the Successor Agency invoice(s) for the City staff time expended to provide the administrative and project management services in connection with the development and construction of the Project. 3. The City shall only be obligated to perform the Services to the extent that the Project is funded by the Bond Proceeds as set forth in this Agreement and the development and construction of the Project occurs. The City shall have no liability or obligation to pay any costs or expenses related to the development and construction of the Project. 4. The City shall perform its obligations hereunder in accordance with the applicable provisions of federal, state and local laws. III. SUCCESSOR AGENCY'S OBLIGATIONS 1. The Successor Agency shall pay the City on an hourly basis for the administrative and project management services rendered by the City in connection with the development and construction of the Project in an amount not to exceed One Hundred Thousand Dollars ($100,000). The payment for the administrative and project management services in connection with the development and construction of the Project shall be based upon the invoices prepared by the City and provided to the Successor Agency as set forth in Section II.2., above. 2. The Successor Agency shall pay construction costs for the Project, including, without limitation, planning, development, permitting, design, bidding, construction management, materials testing, inspections, construction, and other related costs in an amount not to exceed One Million Dollars ($1,000,000). At the option of the City, construction costs shall either be paid directly to the contractors/consultants for the Project and/or to the City as and for reimbursement. All payments due to be made by the Successor Agency under this Section Agreement re: Coolidge Avenue Community Corridor Capital Improvement Project Page 4 of 7 II1.2. shall be made from time to time by the Successor Agency as and when requested by the City Manager or his/her designee. City shall provide Successor Agency with a quarterly report that the development and construction of the Project for which payment is/has been made by the Successor Agency is commensurate with such payments. 3. The Successor Agency's payment obligations in the cumulative total amount of One Million One Hundred Thousand Dollars ($1,100,000) ($100,000 for administrative and project management services and $1,000,000 for construction costs) set forth in this Article III may be referred to herein as the "Payment Obligation". The Payment Obligation shall constitute an enforceable obligation of the Successor Agency due and payable from the Bond Proceeds. 4. The obligations of the Successor Agency set forth in this Agreement are contractual obligations that, if breached, will subject the Successor Agency to damages and other liabilities or remedies. 5. The Successor Agency hereby acknowledges and agrees that this Agreement constitutes the existence of an enforceable obligation pursuant to Part 1.8 and Part 1.85 of Division 24 of the Health and Safety Code for the purposes of, without limitation, the disposition of assets previously owned by the Redevelopment Agency and CDC -RDA. IV. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of California Government Code section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Government Code section 895, the parties hereto, as between themselves, pursuant to the authorization contained in Government Code sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by negligent or wrongful acts or omissions occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Government Code section 895.2. To achieve the above -stated purpose, each party indemnifies, defends and holds harmless the other party for any liability, losses, cost or expenses that may be incurred by such other party solely by reason of Government Code section 895.2. V. GENERAL PROVISIONS 1. The parties hereto agree to take all appropriate actions documents which may reasonably be necessary or convenient in order to and purposes of this Agreement. 2. Each party shall maintain books and records regarding pursuant to this Agreement. Such books and records shall be available officers and agents of the other party at all reasonable times. 3. This Agreement is made in the State of California under the of the State of California, and is to be so construed. Agreement re: Coolidge Avenue Community Corridor Capital Improvement Project Page 5 of 7 and to execute any implement the intent its respective duties for inspection by the Constitution and laws 4. This Agreement will become effective upon the approval of the Oversight Board to the Successor Agency, subject to the review and approval of the Department of Finance if timely requested under AB 1484. 5. This Agreement may be amended at any time, and from time to time, by an agreement executed by both parties to this Agreement and approved by the Oversight Board to the Successor Agency, subject to the review and approval of the Department of Finance if timely requested under AB 1484. 6. This Agreement may be executed in duplicate originals, each of which is deemed to be an original. This Agreement constitutes the entire understanding and agreement of the parties. 7. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the specific subject matter of this Agreement. 8. This Agreement is intended solely for the benefit of the Successor Agency and the City. Notwithstanding any reference in this Agreement to persons or entities other than the Successor Agency and the City, there shall be no third party beneficiaries under this Agreement. 9. All waivers of the provisions of this Agreement must be in writing and signed by the authorized representatives of the parties. 10. If any term, provisions, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. 11. This Agreement shall be binding on and shall inure to the benefit of all successors and assigns of the parties, whether by agreement or operation of law. This Agreement shall survive any full or partial merger of the Successor Agency and the City and shall remain separate obligations of the Successor Agency and the City and be fully enforceable according to its terms. [remainder of page left intentionally blank] [signatures on following page] Agreement re: Coolidge Avenue Community Corridor Capital Improvement Project Page 6 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. "SUCCESSOR AGENCY" "CITY" SUCCESSOR AGENCY TO THE COMMUNITY THE CITY OF NATIONAL CITY, DEVELOPMENT COMMISSION AS THE a California municipal corporation NATIONAL CITY REDEVELOPMENT AGENCY, a California public entity By: By: Leslie Deese Ron Morrison Executive Director Mayor ATTEST: ATTEST: By: By: Secretary City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Claudia Gacitua Silva Claudia Gacitua Silva General Counsel City Attorney KANE, BALLMER & BERKMAN By: Special Counsel Agreement re: Coolidge Avenue Community Corridor Capital Improvement Project Page 7 of 7 EXHIBIT A Scope of Services 1. Identify scope of work for design consultant. 2. Manage contract with design consultant. 3. Oversee plan and specification preparation. 4. Prepare and update Project notebook/files. 5. Review plan submittals. 6. Coordinate with utility companies and other stakeholders. 7. As may be needed, obtain environmental clearance and file with County of San Diego. 8. Set bid opening date/time with City Clerk. 9. Establish wage determination date if required by funding source(s). 10. Prepare and/or review bid documents. 11. Advertise Project for bid. 12. Prepare specifications purchase form. 13. As may be needed, notify property owners via U.S. mail of potential project impacts. 14. Initiate outreach program if required by funding source(s). 15. Attend bid opening. 16. Conduct bid result analysis. 17. Verify state license number for contractor(s) and subcontractor(s). 18. Contact contractor's references. 19. Review bid bond. 20. Post bid results. 21. Prepare and/or review contract documents. 22. Prepare agenda item to recommend award of contract. 23. Review executed contract and bonds. 24. Prepare purchase order and budget tracking worksheet. 25. Manage and enforce all terms and conditions of all contract documents. 26. Attend all project -related meetings. a. Weekly project meetings held weekly at a minimum. b. Other site and office meetings will be held as required to address issues that cannot wait for the weekly meeting. 27. As may be needed, manage contract for and coordination of soils and material testing. 28. Coordinate with utility companies and lead problem solving on utility issues. 29. Review, estimate and approve payments. 30. Prepare and process payment invoices using Successor Agency Bond Proceeds as the source of payment. 31. Review and recommend change orders for approval as necessary. 32. Conduct construction site visit to track progress, insure public relations effort and resolve any problems. 33. Maintain the Project files. 34. Manage construction management and inspection contracts. 35. Prepare before during and after photo documentation of Project. Exhibit A Page 1 of 2 36. Review traffic control plan. 37. As may be needed, review and inspect Project BMP's for compliance with storm water requirements. 38. Resolve any safety violations, accidents and water quality control issues. 39. Act as liaison with businesses and residents when necessary. 40. As may be needed, oversee public relations effort. 41. Oversee the collection and review of certified payroll records. 42. Oversee all labor compliance. 43. Attend Project final walkthrough. 44. Perform turnover duties to City Public Works Department. 45. Finalize the Project per City policy and standards. 46. Prepare and file Notice of Completion 47. Seek appropriate approval to close Project. Exhibit A Page 2 of 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT PREPARED BY: PHONE: 4583 EXPLANATION: See attached MEETING DATE: August 14, 2012 AGENDA ITEM NO. 2 ITEM TITLE: Resolution of the City Council of National City waiving the bid process and authorizing a California Multiple Award Schedules (CMAS) purchase for delivery, installation, and utility hook-up for 2 pre -fabricated restrooms for El Toyon Park, to Oregon Romtec, Inc. in the amount not -to -exceed $317,518.20 plus up to 4% (up to $12,700.73) for required performance, labor & material bonding costs. (Funded by Park Development Impact Fees Fund) Barby Tipton DEPARTMENT: Development Services -Engineering Division APPROVED BY: 2 FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are available in account 325-409-500-598-4131 (Park Development Impact ees (El Toyon Park)) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Explanation 3. Oregon Romtec Inc. CMAS quote Explanation: In accordance with the City of National City's Purchasing Ordinances 1480 and 1903, a formal bidding procedure is generally required when City purchases at or above $15,000 are carried out. In compliance with National City's purchasing ordinances, Engineering has researched and found that California Multiple Awards Schedule (CMAS) of the State of California, Department of General Services, is a qualified and pre -approved alternative from formally bidding or gathering three competitive quotes for public purchases of materials, equipment, or services. Oregon Romtec Inc, is a member of CMAS and their contract number for this purchase is #4-04-54-0011. It is requested that Council waive the formal bidding requirements as allowed for in Chapter 2.60.260 of the Municipal Code which 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 National City's procurement procedures, and the City has made such a determination in this case. It is therefore recommended that the prefabricated restrooms purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code, and award the contract to Oregon Romtec Inc., to purchase 2 pre- fabricated restrooms for El Toyon Park. Orgeon Romtec Inc., constructs and installs pre -fabricated buildings and has licensed architects in the State of California to assure the City that the pre -fabricated buildings adhere to the 2010 California Building Codes requirements. Not only does the pre- fabricated facility save the City money, Romtec restrooms are made from American made materials from across the country. There will be a separate advertised bid for the El Toyon Park Improvements, Specification No. 12-07, complying with the Public Contract Code, to prepare the site (install utilities within 5 ft of restrooms site) for placement of the pre -fabricated restrooms. Staff recommends that Council adopt this resolution. R*MTEC #4-04-54-0011 Oregon Romtec, Inc. CMAS #GS-07F-0095M GSA Contract #849246 California Contractor's License California Multiple Award Schedules (CMAS) offer a variety of commodities and services at prices that have been assessed to be fair, reasonable and competitive. Orders placed against a Multiple Award Schedule are considered to be issued using fair and open competition. Therefore, ordering offices need not seek further competition or make a separate determination of fair and reasonable pricing. The use of these contracts is optional and is available to both California State and Local Government agencies. Agencies may contact and issue orders to Romtec directly. The CMAS contract includes all Romtec vault and plumbed restrooms, restroom/shower facilities, concession and multi -use buildings, pre-engineered utility buildings plus fixtures, hardware and accessories. They are structured to comply with California procurement codes, guidelines and policies. For information call or go online to our website, www.romtec.com. Romtec is pleased to provide complete "turnkey" supply and installation of any Romtec facility. Through the above listed CMAS contract, any California State or Local government agency can enjoy the professional supply, design and installation services of Romtec. Contact Romtec to discuss how we can provide and install your facility within budget and on time. To make a CMAS purchase, contact Oregon Romtec Inc. 18240 North Bank Road, Roseburg, OR 97470 Ryan Smith, Sales Manager 541-496-3541 service@romtec.com CMAS has different regulations, forms, and qualification criteria for State Agencies vs. local governments. For more details and specific information or guidelines you can contact CMAS State of California, Department of General Services, Procurement Division The Ziggurat Approved Co 707 Third Street, 2"d Floor, West Sacramento, CA 95605 916/375-4363 C., cmas@dgs.ca.gov Their website at http://www.dgs.ca.gov/ has an on-line information packet for state and local agencies. 18240 North Bank Road — Roseburg, OR 97470 PH: 541-496-3541, FAX: 541-496-0803 www.romtec.com email: service a,romtec.com _1- RMTEC TOP 10 REASONS TO BUY A ROMTEC! 1. Romtec offers remarkable ranges in pricing. Each of our models can be configured in creative ways to fulfill both expectations and budgets. There are many ways we can save you money, and offering inferior materials isn't one of them. Romtec's sales staff will gladly work with you to construct the best possible building in terms of options and price. 2. Romtec has designed, supplied, or installed buildings in all 50 states. Our engineers and architects are licensed in every state and know how to meet the codes and requirements of any agency or jurisdiction. Romtec has never been denied approval for a project. 3. Romtec has been working with the federal government for 20 years. We have a GSA contract and similar State Multiple Award Schedule (MAS) contracts in California, Pennsylvania, Texas, Ohio, and New Mexico. We excel at working with government agencies. 4. Romtecs are pre-engineered, permanent structures built from the ground up. Our foundations are engineered and poured on -site to exceed frost depth and meet seismic zone 4 requirements, connecting your building directly to the ground. Our kits do not require heavy machinery for construction, so a Romtec will not disturb the environment even inches away. 5. Romtecs are fully customizable. Get involved with our sales staff to design the exact building you want. We can match the aesthetics of existing buildings or the surrounding environment, or Romtec can help to develop a unique feature for your site. And with our easy change -order process, don't be afraid to change your mind! 6. Romtec builds with American made materials from across the country. You can be certain that your building will include the nation's top products in fixtures, blocks, beams, and doors. If you need Texas limestone, California cedar, or Pennsylvania steel, Romtec will get it for your building. 7. Romtec can supply turnkey installation. After submitting your purchase order, the only remaining step is unlocking your fully -functional restroom facility! We can contact dependable and experienced contractors in areas where turnkey services are unavailable or supply kits for installation by your staff, so that you finish your project quickly! 8. Romtec offers superior customer service and lead times. Our hope is that once you work with Romtec you will want to be a customer for life. So we work hard to provide the best in construction, prices, products, services and satisfaction. 9. Romtec offers options to help your project gain LEED certification. Our "Green" buildings are a conscientious opportunity to benefit your community and organization. We are happy to supply environmentally responsible options for all our models. 10. Romtec is a family owned and operated company. We are not a large, profit -hungry corporation. Romtec has worked for 35 years in the restroom industry to make quality products that support our business and employees and build the trust of our customers. Romtec, Inc.--18240 North Bank Road Roseburg — Oregon — 97470 Office 541-496-3541 /Fax 541-496-0803 info@romlec. corn 1 LEGEND SYMBOL DESCRIPTION AREA/ QUANTITY ---- EAVE RIDGE VENT 4 ---- GABLE VENT 2 — — — GABLE NINDON 5 Y EXTERIOR WALL LIGHTS 5 INTERIOR WALL LIGHTS 5 0 FLOOR DRAIN 5 F ELECTRICAL OUTLET 1 YVALL TYPE SCHEDULE 8 GMU BLOCK MALL REINFORCED 6 GROUT FILLED BUILDING SLAB OUTLINE RIDGE WIRE WEAVE VENTS, TYP (4) GABLE OBSCURE LEXAN WINDONS, TYP. (5) CONCRETE WALK, TYP (BY OTHERS) 14-3 5/8" 4' 2' UNISEX GABLE WIRE WEAVE VENTS, TYP (2) /// UTILITY ® Fr) y%////////////////////l////////////////////////////////A OSCALE: 1/4" = 1'-0" ROOF LINE FLOOR PLAN . \ \ J PLAN SOUTH 1 8 ce co co uJ as co 0 z z PROJECT•- 0018 MODEL*: SATE: 6/11/12 REVISIONS pp aa wrt. fiF ®$ V•��. TI SHEET NO. 1 GABLE OBSCURE LEXAN WINDOWS, TY? (l) WIRE WEAVE GABLE VENT, TYP (2) 6LULAM BEAMS LAP SIDING w/ 1x CEDAR TRIM AT ALL CORNERS OVER CMU BLOCK WALL LAVATORIES, TYP (2) FG 2x6 T&G DECKING 2x6 CEDAR FASCIA, Tr. UNISEX PICTORIAL ADA SIGN PER CA TITLE 24 11175.5 UNISEX IBA WITH BRAILLE SIGN PER ADAAG 4 CA TITLE 24 1117B.5 FG 3" VTR 12 4br WEST ELEVATION SCALE: 1/4" = 1'-0" 2 O SOUTH ELEVATION SCALE: 1/4" = 1-0" WIRE WEAVE RIDGE VENT, TYP (6) BRICK VENEER w/ WATER TABLE SILL OVER CMU BLOCK WALL FG WIRE WEAVE RIDGE VENT, TYP (4) GLULAM BEAMS, TYP (3) 6x6 POSTS BETWEEN VENTS w/ CUSTOM ROMTEC BRACKETS 'I 1/2" 18 x 14 DOOR LOWERS, TYP. FG 1 U WL WL r a w a z W O. (6 O L L 0 Jl = R 3 V L rts 0_ 16 . i 0 2.Z PROJECTS- 0078 MOOEL.I'. MTE: S/19/12 4 RK�„".. o ff -TI SHEET NO. 2E3 REVISIONS GABLE OBSCURE LEXAN WINDOWS, TYP (1) WIRE WEAVE GABLE VENT, TYP (2) GLULAM BEAMS 8" x 16" GMU CONCRETE BLOCK WALL GRAY MORTAR JOINT SMOOTH RUNNING BOND PATTERN FULLY REINFORCED 6 GROUT FILLED CHARCOAL SPLIT FADE CORNERS 8" x 16" GMU BLOCK WALL LAVATORIES, TYP (2) 2x6 T6G DECKING 2x6 CEDAR FASCIA, TYP UNISEX PICTORIAL ADA SIGN PER GA TITLE 24 1111B.5 UNISEX ISA WITH BRAILLE SIGN PER ADAAG 6 CA TITLE 24 11113,5 LAVATORIES, TYP (2) FG FG 1] ---� 51 %�111----I- irl_.. .._�... �... —is-�-® me--osimm---SM iiiMiummemmm ---1111BI--- IN Fe' it ler IM7EXIMENEMINIIIIIME 111E1- --ON 15'-8 5/32" WIRE WEAVE RIDGE VENT, TYP (6) FG 13'-11 5/EY WEST ELEVATION SCALE: 1/4" = 1'-0" 1_Il11111111 11 ------------- -- -----------1� ------------M- — Ell MHO ---IS IIIIIII mon IIIII 1111 - { WIRE WEAVE RIDGE VENT, TYP (4) GLULAM BEAMS, TYP (3) 6X6 POSTS BETWEEN VENTS w/ CUSTOM ROMTEC, BRACKETS 1 1/2" -. 18 x 14 DOOR LOUVERS, TYP. FG SOUTH ELEVATION itt Z cg DATE: 6/11/12 REVISIONS o 2A RSMTEC' PRE-ENGINEERED BUILDINGS CMAS QUOTATION - CONTRACT #4-04-54-0011 A State of California Contractor's License # 849246 Kimball Park - Quattro Company: City of National City Contact: Barbie Tipton Address: National City, CA United States Phone: (619) 336-4583 Fax: Email: btinton aOnationalcitvca.clov 18240 North Bank Road Roseburg, OR 97470 P: (541)496-3541 F: (541)496-0803 service(dromtec.com Date 07/31/12 Quote # R1-81207046 TERMS: Materials payment due net 35-day from date of shipment per facility. The construction payments will be billed per progress payment schedule. 2043-M 2 Concrete - Sierra Stretch Quattro w/ Mechanical/Storage Room -Building Kit Package with Stainless Steel Fixture Upgrade SEE DESIGN CRITERIA FOR PACKAGE DETAILS $71,510.00 $143,020.00 -w-� - CMAS SUBTOTAL $143,020.00 CMAS DISCOUNT: Available only to qualified California State and Local Entities (Customer is responsible for all state of California incurred fees.) (Discount includes additional OMI credit) -$24,143.49 Design Services SIN# 361-30 - Includes up to two unsealed revisions in response to comments. Should additional revisions need to be made, an additional quantity of Design Services will be charged at the same rate. $5,000.00 LOCAL TAX RATE 0.08750 ESTIMATED SALES TAX $10,839.19 Shipping and handling from Roseburg, OR to: National City CA $9,742.50 The installation and freight quotes are based on all buildings shipping and being installed at the same time. CMAS BUILDING TURNKEY INSTALLATION QUOTE: Sierra Concrete Turnkey Installation assumes a prevailing wage job, which is semi -truck accessible, with utilities within 10 feet of foundation. INCLUDES CONNECTION TO UTILITIES AND PLUMBING AND ELECTRICAL ROUGH IN. TURNKEY INSTALLATION ALSO INCLUDES EXCAVATION AND POURING THE FOOTING, FOUNDATION AND SLAB. PLUS, THE CONSTRUCTION AND TRIM OUT OF THE COMPLETE BUILDING WITH ALL FIXTURES AN FEATURES. This Turnkey Installation assumes there are no bonding requirements. Should bonding become a requirement, Romtec will supply a bond to cover the construction portion of the job only and not for the building product it supplies itself. Further, should bonding be required, the customer will incur additional charges that will be added to the quote. Removal of excavated materials, permits, rock excavation, demolition, sidewalks and other site construction are NOT included. Upon acceptance of this quote, Romtec will develop a complete Supply & Design Submittal SIN# 361-32 specific to this project. TOTAL $317,518.20 ONE COMPLETE SET OF SEALED CONSTRUCTION DRAWINGS ON 11"X17" FORMAT, INCLUDING FOOTING & FOUNDATION DETAILS, IS INCLUDED WITH BUILDING PURCHASE. Any additional sealing or change in plan set size will result in an additional charge and is not included in the building price. *All prices listed above are F.O.B. Roseburg, OR, freight prepaid and added. Delivery will be in accordance with a mutually agreed upon timeline as stated in the Romtec notice to proceed document * Unless otherwise agreed to, the owner of the project is expected to provide "builder's risk" Insurance coverage on this project. Romtec makes no provision for such costs in this quote. * This quote is effective for 90 days from above date; thereafter all prices are subject to change without notice. * Delivery will be in accordance with a mutually agreed upon timeline as stated in the Romtec notice to proceed document * This quote includes estimated sales or use tax based on the information available at the time of quoting. All sales are assumed subject 10 sales and use fax unless the customer provides Romtec with a resale certificate or proof of exemption. The applicable sales tax is subject to change on final invoice. PAGE 1 OF -6- SCHEDULE OF CONSTRUCTION PAYMENTS This is the Schedule of Payments referred to on page 1 of Romtec's quote and is part of the quote in that it specifies the terms of payment associated with the amount quoted for the CONSTRUCTION PORTION ONLY. The payment for the building materials is otherwise specified on the first page of the quote. Mobilization is due upon delivery of building or 20% beginning of site prep work, whichever comes first Rough in, footings, foundations and slab(s) poured Erection of walls, roof, windows, vents placed Punch List sign off and final sign off Make check payable to: Romtec Inc. 35% 35% 10% Revised 6/13/09 -7- Revision #: Revision #: Revision #: Revision It Interior Finish - Walls: aLatex Epoxy Paint (Installer Supplied) RRMTEC Design Criteria Customer/Company: Kimley-Horn Contact: Jennifer Roy Address: City, 5T, ZIP: National City, CA 91951 Rev. Date: Rev. Date: Rev. Date: Rev. Date: Building Dimensions Length: Width: Height: Quote Number. 81206039 Plan Set Number: Project Name: Kimball Park Quattro Site Address: City, ST, Tin: 91951 Need by bates Sales Drawing: 5/31/2012 ROM: Quote: Final: 5/31/2012 Rev 5/7/1012 Division 1- General Recuirements Eng. Services Required: c. Sealed Drawings Installation: b. Turnkey, Division 4 - Masonry Block: C. 8" Mortar Joint Smooth IGray Division 7 - Thermal & Moisture Protection Eave/Ridge Connector: b% Glulam Beams Roof System: sc."2x6T&G Decking W/2 x 6 clear cedar Roofing: c. 29ga Metal, Val -Rib, Exposed Fastener... [Charcoal Gray #851 Roof Extension: Skylight: b. 24"x24" Curb Mount Division 8 - Doors & Windows Doors & Frames: b. 3070, 18ga Door w/Poly Core, 5-3/4"; 16ga Frame Door Hwd: d. "AL" Series Lever (CA) Dorm., 4.5" NRP Hinge Kit, Door Closer, Kickplate Concession Door: Utility Door: Division 15 - Mechanical Concession Room: Showers:_ Shower Bench: Toilets: d. Stainless _ Toilet Flush Valve: b. Manual Lever, Chrome, Urinals:_ _ Urinal Flush Valve:_ _ Vaults: Sinks: d. Stainless Steel, Wall Mount Sink Faucets: b. Single; Chrome Push Utility Sinks: c 17" Utllatuh Utility Faucets: d. Dual Handle (ADA) Drinking Fountain: Water Heater:_ Heating: Room Ventilation: b. Natural Ventilation - Wire Weave Gable Vents Division 9 - Finishes Exterior Siding: Exterior Siding Accent: _ Bathroom Partitions Steel Finishes b. Primed & Painted Black Fr nish - Floors: a. Sealed Concrete Interior Finish Division 16 - Electrical Light -External: c.. Wall Mount,'Mini-Pao Light - Internal: b. Wall :MountjMini-Pac'I` Breaker Panel a. 100Amp, Rain Tig)iE' Hand Dryers: Solar System: c. Grid tie Comments Division 10 -Specialties Trash Can: Mirrors: Dispenser - TP: b. Two Roll, White, WallM Dispenser - Napkin: Dispenser - Towel: Dispenser - Seat Cover: Dispenser - Soap: d. SS Dispenser Locknetics a. Locknetics Privacy Screens Anti -Graffiti a. Anti -Graffiti exterior sinks clear story with vents Charcoal Split faced block on corners Wire Weave mesh on clearstory Option for split faced wainscot with Lap siding above (Hardl) Page 1 of2 RSMTEC DESCRIPTION Materials shall be supplied by Romtec, Inc. (herein referred to as Romtec) or the building installer. Installer supplied items are listed on page 2. Generally, contractor work will include: labor, unloading the building package, site preparation and grading, excavations for structures, backfill or structural backfill, foundation and pad construction and building construction. PART I -GENERAL APPROVED MANUFACTURER Romtec, Inc., 18240 North Bank Road, Roseburg, OR 97470 Phone: 541-496-3541; Fax: 541-496-0803; E-mail: romtec19@romtec.com © 2012 Romtec, Inc. All Rights Reserved. These plans and drawings may not be reproduced, adapted, or further distributed, and no buildings may be constructed from these plans, without the written permission of Romtec, Inc. Any building proposed as an equal shall be submitted to the owner no later than ten (10) days prior to the bid date and must receive written approval from the owner. Otherwise, any alternate other than a Romtec building will not be considered. Temporary, prefabricated modular or pre -cast buildings are not acceptable. Building materials, design and plans shall be provided by a single source provider, with at least five years of exclusive experience in restroom building design, supply and construction. BUILDING DESIGN The restroom should be the latest standard product of a manufacturer regularly engaged and having at least 5 years of experience in the production of restroom buildings. The equipment supplied under this section shall be supplied or manufactured by a single source manufacturer capable of producing a complete, pre- engineered, packaged, restroom building. The single source manufacturer must meet or exceed the product specification which was prepared using the Romtec Inc. building as a guide and example. Said product specification defines the requirements and specifications for the complete restroom building. Should the Bidder propose a single source manufacturer other than Romtec Inc., then the Bidder proposing on this project must submit their proposed pre-engineered building by a single manufacturer 10 days prior to the bid. Building is to be constructed on site to meet local codes and approvals for permanent structures. Building is to be engineered to meet specific site conditions including wind and snow loading, local frost depth, and ground conditions. Footings are to be dug and poured on site to meet local code for permanent structures. Footings will be built to 24" depth or local frost depth, whichever is deeper. Building sidings, treatments, and roofing are to be as specified. Precast buildings with painted textures are not to be considered architecturally equivalent. Building plans are to be submitted to the local building authority for design approval. -9- Page 2012 CODE COMPLIANCE AND STANDARDS All work and materials shall comply with the latest industry building codes and regulations. WARRANTY The Romtec building and all its associated components shall be warranted against defects in materials and workmanship for a period of not less than one year from date of final acceptance. INSTALLER SUPPLIED ITEMS The following items are to be supplied by the building installer. Refer to drawings for quantities, dimensions, locations and installation methods for items described in this section. The installer shall supply any parts including but not limited to items specified in the final plans and items required by building codes. The installer shall be responsible for ensuring that the concrete foundation and slab are adequate for the site conditions and the purpose for which the building and foundation/slab are intended. • Equipment, Labor and Trades • Engineered Fill • Slab Vapor Barrier • Cast in Place Concrete Foundation/Footings, Interior Slabs and Exterior/Entry Slabs • Concrete Slab Sealer • Masonry (Concrete) Grout/Mortar • Rebar • Electrical Rough -in • Electrical Installation and Trim • Latex Epoxy Paint, low VOC interior finish • Any Exterior Siding Stain/Sealer • Plumbing Rough -in • Plumbing Installation and Trim • Floor Drain • Drain Valve • Backflow Check Valve • CB-1, Branch Circuit Breakers • Fluorescent tubes for fixtures • EO-1, GFCI Outlets NOTE: For Turnkey projects, Romtec is the building installer and will supply the above items. ITEMS NOT SUPPLIED BY ROMTEC The following items are to be supplied by others. This could be the owner, landscapers, or other site workers. This also includes any items not listed above or in the plans that are not listed as being supplied by either Romtec or the Installer. Relocation or installation of existing utilities per written specification to be provided by owner. Other Materials and Equipment Not Supplied or Installed by Romtec The following items and any other items not listed in the Design Criteria or this specifying language, or not shown in the final plans are outside the scope of the Material Specification and are not supplied or installed by Romtec or Installer: • Concrete Sidewalks • Landscaping • Irrigation Equipment • Gutters and Downspouts • Fire Alarm and Fire Suppression Equipment • Lighting Equipment not attached to the building • Plumbing Equipment not included in the Materials Specification • Electrical Equipment not included in the Materials Specification -10- RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS AND AUTHORIZING THE PURCHASE FROM OREGON ROMTEC, INC., OF TWO PRE -FABRICATED RESTROOMS FOR EL TOYON PARK IN THE NOT TO EXCEED AMOUNT OF $317,518.20, PLUS UP TO $12,700.73 (4%) FOR REQUIRED PERFORMANCE, LABOR, AND MATERIAL BONDS, THROUGH A COOPERATIVE PURCHASE PROGRAM UNDER THE CALIFORNIA MULTIPLE AWARDS SCHEDULE OF THE STATE OF CALIFORNIA, DEPARTMENT OF GENERAL SERVICES WHEREAS, to provide more restroom facilities at El Toyon Park, the City desires to purchase and have installed two pre -fabricated restrooms through a cooperative purchase program under the California Multiple Awards Schedule ("CMAS") of the State of California, Department of General Services, which is a qualified program and pre -approved alternative from formally bidding or gathering three competitive quotes for public purchases of materials, equipment, or services; and WHEREAS, the City has determined that Oregon Romtec, Inc., is a member of CMAS and is qualified by experience and ability to perform the services desired by the City, and Oregon Romtec, Inc., is willing to perform such services for the not to exceed amount of $317,518.20; 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 National City's procurement procedures, and the City has made such a determination in this case. It is therefore recommended that the purchase of two pre -fabricated restrooms be made without complying with the competitive bidding procedure set forth in the Municipal Code, and award the contract to Oregon Romtec, Inc., for the not to exceed amount of $317,518.20 for the purchase and installation of two pre -fabricated restrooms for El Toyon Park, plus up to $12,700.73 (4%) for required performance, labor, and material bonds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that State of California's procurement procedures are in substantial compliance with the City of National City's, and pursuant to Section 2.60.260 of the Municipal Code, authorizes the waiver of the bidding process and authorizes the purchase of two pre -fabricated restrooms for El Toyon Park through the California Multiple Awards Schedule ("CMAS") of the State of California, Department of General from Oregon Romtec, Inc., for the not to exceed amount of $317,518.20, plus up to $12,700.73 (4%) for required performance, labor, and material bonds+. PASSED and ADOPTED this 14th day of August, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva, City Attorney