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HomeMy WebLinkAbout2005 CON California Commercial Pools - Municipal Pool RenovationCONTRACT NATIONAL CITY MUNICIPAL POOL RENOVATION, FY 2004-05 SPECIFICATION NO. 04-13 THIS CONTRACT, made and entered into this 17`h day of May 2005, by and between the City of National City, California, herein after designated as the "City", and California Commercial Pools, Inc., hereinafter designated as the "Contractor". WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: NATIONAL CITY MUNICIPAL POOL RENOVATION, FY 2004-05 SPECIFICATION NO. 04-13 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the sum of Nine Hundred Ninety One Thousand Dollars ($991,000). 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. CONTRACT (CONTINUED) NATIONAL CITY MUNICIPAL POOL RENOVATION, FY 2004-05 SPECIFICATION NO. 04-13 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and General Conditions, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The City, the City's representative, the Construction Manager, the Architect, the Consultants and authorized volunteers shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work, of for injury or damage to any person or persons, either workers, employees of Contractor or its subcontractors or the public, or for damage to adjoining or other property, from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of or in connection with the performance of the work, provided,however, that the Contractor shall not be liable for the sole established negligence, willful misconduct or active negligence of the City, its representatives, employees, agents and authorized volunteers who are directly responsible to the City. a. Contractor shall indemnify the City, the City's representatives, the Construction Manager, the Architect, the Consultants and authorized volunteers againstand will. hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm entity, corporation, political subdivision or other organization arising out of or in connection with the work, operation or activities of Contractor, its agents, employees, subcontractors or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part - of the - City, the City's Representative, the Construction Manager, the Architect, the Consultants and authorized volunteers, butexcluding such actions, claims, damages to persons or property penalties, obligations or liabilities arising from the sole established negligence, willful misconduct or active negligence of the City, the City's Representative, the Construction Manager, the Architect, or those who are directly responsible to them; and in connection therewith: 1) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection therewith. 2) Contractor will promptly pay any judgment rendered against Contractor, the City, the City's Representative, the Construction Manager, the Architect, the Consultants and authorized volunteers covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations, or activities of Contractor hereunder and Contractor agrees to save and hold the City, the City's Representative, the Construction Manager, the Architect, the Consultants and authorized volunteers harmless there from. CONTRACT (CONTINUED) NATIONAL CITY MUNICIPAL POOL RENOVATION, FY 2004-05 SPECIFICATION NO. 04-13 3) In the event the City, the City's Representative, the Construction Manager, the Architect, the Consultants and authorized volunteers are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the Work, or operation or activities of Contractor hereunder, Contractor agrees to pay to the City, the City's Representative, the Construction Manager, the Architect, officers, employees, agents and authorized volunteers any and all costs and expenses incurred by the City, the City's Representative, the Construction Manager, the Architect, the Consultants and authorized volunteers in such action or proceeding together with reasonable attorney's fees. 4) The City may retain, to the extent it deems necessary, the money due to the Contractor under and by virtue of the Contract Documents until disposition has been made of such actions or claims for damages as specified herein above. 6. Claims, disputes and other matters in question between the parties to this Contract, arising out of or relating to this Contract or the breach thereof, may be decided by arbitration if both parties to this Contract consent in accordance with the, rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Contract, shall include, by consolidation, joinder or in any other inanner, any additional person not a party to this Contract except by written consent containing a specific reference to this Contract and signed by CONTRACTOR, CITY, and any other person sought to be joined. (Any Consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein.) This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by .the parties to this Contract shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration is to be filed in writing with the other party to this Contract and with the American Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event is the demand for arbitration to be made after the date when institution of legal or equitable proceedings based on such claim; dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final and judgment may be enter upon it in accordance with applicable law in any court having jurisdiction thereof. 7. The Contractor agrees to comply with all Local, State and Federal regulations and with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. CONTRACT (CONTINUED) NATIONAL CITY MUNICIPAL POOL RENOVATION, FY 2004-05 SPECIFICATION NO. 04-13 8. Each and every provision of law and clause required to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not inserted correctly, then upon application of either party the Contract shall forthwith by physically amended to make such insertion or correction. 9. In accordance with Government Code, Section 8546.7, records of both the City and the Contractor shall be subject to examination and audit for a period of three (3) years after final payment. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: CITY: By: E. EE J'! SON Title: PRESIDENT & TREASURER By: DAVID E. KSON Title: VICE-PRESIDENT & SECRETARY Federal ID. No. 95-3452683 By: Title:. Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (Notaries acknowledgement of execution by all PRINCIPALS OF CONTRACTOR shall be attached.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES On JUNE 01, 2005 Date }ss before me, KARLA R. STONE, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") <<. personally appeared E. LEE JACKSON AND DAVID E. JACKSON Name(s) of Signer(s) 600Z'9ZMfg lossIds3'(aWO ASI Aluna3 seleBW sal oiws41107 - °Find AMolON t9901t #t uolsslww00 3NO1S 'aylayfl X personally known to me proved to me on the basis of satisfactory evidence to be the personL) whose namej) ie'/are subscribed to the within instrument and acknowledged to me that4e/s 'te/they executed the same in Ihis/taer/their authorized capacity(ies), and that by his/he'1their signature) on the instrument the person(), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my4nd a doffi se OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document jIN TRIPLICATE Title or Type of Document: CONTRACT FOR NATIONAL CITY MUNICIPAL POOL RENOVATION Document Date: MAY 17, 2005 Number of Pages: Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) Signer's Name: E. LEE JACKSON ❑ Individual X Corporate Officer Title(s): PRESIDENT & TREASURER ❑ Pa tner,—•• •❑ Limited - 0 General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CALIFORNIA COMMERCIAL POOLS, INC. RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: DAVID E. JACKSON ❑ Individual ® Corporate Officer Title(s): VICE-PRESIDENT & SECRETARY ❑ Partner -❑ Limited L General ❑ Attorney -in -Fact • Trustee E Guardian or Conservator I I Other: Signer Is Representing: CALIFORNIA COMMERCIAL POOLS, INC. RIGHT THUMBPRINT OF SIGNER Top of thumb here CONTRACT (CONTINUED) NATIONAL CITY MUNICIPAL POOL RENOVATION, FY 2004-05 SPECIFICATION NO. 04-13 CORPORATE CERTIFICATE I, DAVID E. JACKSON certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that E. LEE JACKSON , who signed said contract on behalf of the Contractor, was then PRESIDENT & TREASURER 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, DAVID E. JACKSON certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that DAVID E. JACKSON , who signed said contract on behalf of the Contractor, was then VICE-PRESIDENT & SECRETARY 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: CONTRACT (CONTINUED) NATIONAL CITY MUNICIPAL POOL RENOVATION, FY 2004-05 SPECIFICATION NO. 04-13 PARTNERSHIP CERTIFICATE N/A STATE OF COUNTY OF ) ss On this day of , 200 , 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: ORIGINAL ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: SB0081732 PREMIUM: $11,472.00 PERFORMANCE BOND NATIONAL CITY MUNICIPAL POOL RENOVATION, FY 2004-05 SPECIFICATION NO, 04-13 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2005-99, passed the 17'h day of May 2005 has awarded to California Commercial Pools, Inc., hereinafter designated as the "Principal", the National City Municipal Pool Renovation, FY 2004-05, Specification No. 04-13. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of saki contract. NOW, THEREFORE, we, the Principal and XL SPECIALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Nine Hundred Ninety Otie Thousand Dollars ($991,000) lawful money of the United. States, for the payment of which sum well and truly to he 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, kris/her or its heirs, executors, administrators, successors or, assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration, thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National, City, the City Council, their officers, agents, and employees, 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 there under or, the specifications accompanying the same shall in any wisc 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. 200 s PERFORMANCE BOND (CONTINUED) NATIONAL CITY MUNICIPAL POOL RENOVATION, FY 2004-05 SPECIFICATION NO. 04-13 In the event suit is brought upon this bond. by the City of National C,iry and:. judgment is recovered, the surety shall pay all costs incurred by the Council 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 25TH day of may CIALTY INSURANCE COMPANY (SEAL) (SEAL) JULIA B. LEONARD (SEAL) ATTORNEY -IN -FACT Surety APPROVED AS TO FORM George H. Eiser, III City Attorney CALIFORNIA COMIMERCIAL POOLS, INC. (SEAL) (SEAL) (SEAL) _IIAVTn F_ JACKSON VICE-PRESIDENT Principal PERFORMANCE BOND (CONTINUED) NATIONAL CITY MUNICIPAL POOL RENOVATION, FY 2004-05 SPECIFICATION NO. 04-13 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss On this day of , 200 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared k me to be the t whose name is subscribed to the within instrument as �ttte oattorney-in-fact ofrson the: in said instrument, and acknowledged to me that he subsc ibedon thea ame.me ofusaid, corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged, Signature: NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Name (Type or Print): Notary Public in and for said County and State My Commission expires_ APPROVED AS TO FORM: l?y: George H. Eiser, III City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES On MAY 26, 2005 Date personally appeared } before me, KARLA R. STONE, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") DAVID E. JACKSON KARLA R. STONE Cornmksion 4f 1547661 Notary Public - California Los Angeles Couny My Comm. Expires Feb25, 2009 Name(s) of Signer(s) X personally known to me proved to me on the basis of satisfactory evidence to be the person whose namef is/ara subscribed to the within instrument and acknowledged to me that heishe/#may executed the same in his/ter/their authorized capacity(ies), and that by his/her/#teif. signaturef on the instrument the person ..or the entity upon behalf of which the person acted, executed the instrument. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fomi to another document. Description of Attached Document FIVE ORIGINALS Title or Type of Document: PERFORMANCE BOND - NATIONAL CITY POOL REHAB Document Date: MAY 25, 2005 Signer(s) Other Than Named Above: NONE Number of Pages: 2 Capacity(ies) Claimed by Signer(s) Signer's Name: DAVID E. JACKSON ❑ Individual ®Corporate Officer ❑Title(s): VICE-PRES. & SECRETARY ❑Partner,— -. Limited ❑ General ❑ Attorney -in -Fact ❑Trustee ❑Guardian or Conservator ❑Other: Signer Is Representing: CALIFORNIA COMMERCIAL POOLS, INC. RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑Corporate Officer ❑Title(s): ❑ Partner — ❑ Limited ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ General RICH I THUMBPRINT OF SIGNER Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On MAY 2 s 2005 personally appeared ® personally known to me -OR- ❑ proved S.L. KYSETH COMM. #1528013 NOTARRIVERSIDE COUNTY M Comm. Ex ires Nov.19, 2008 before me, S.L. KYSETH, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") JULIA B. LEONARD, ATTORNEY IN FACT Name(s) of Signer(s) to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand a d offici. seal. Signatur, f Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: LJ Individual U Corporate Officer n Titles(s): ❑ Partner - Li Limited n General U Attorney -in -Fact Trustee n Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of Thumb here Signer's Name: U Individual Corporate Officer ❑ Title(s): Li Partner - ❑ Limited ❑ General n Attorney -in -Fact n Trustee 7 Guardian or Conservator ❑ Other: II Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of Thumb here BD-1133 09/00 SURETY DISCLOSURE NOTICE CONCERNING FEDERAL TERRORISM RISK INSURANCE ACT You should know that, effective November 26, 2002, the US Congress enacted the Terrorism Risk insurance Act of 2002 (the "Act"). Under the Act, any covered losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. In accordance with this Act, we are providing this disclosure notice for bonds on which XL Specialty Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the bond premium attributable to coverage for certified acts of terrorism under the Act is Zero Dollars ($0.00) ISSUED IN ONE ORIGINAL COUNTERPARlaws ilk SPECIALTY Yt.'.y�rrxrdttecxwnri<. KNOWALL.MEN BY THEESPRESENTS: That the XL SPECIALTY INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of Delaware ("Company" or "Corporation"), with '.offices at 25 Independence Blvd:, Suite 103, Warren, New Jersey, 07059, does hereby nominate, appoint; Kenneth A. Coate, Mark N. Gladding, Julia B. Leonard BOND NO: S80081732 THIS IS NOT ABOND NUMBER LIMITED POWER OF ATTORNEY XIS 94592 its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on itsbehalf, as suretyand as its act and deed, whererequired any and all bonds, undertakings, recognizances and written obligations in the nature thereof, the penal sum of no one of which is in any event to ext eed $25,000,000.00. Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the said Company as fully and to the same extent: as if suchbonds and undertakings were signed by the President and Secretary of the Company and sealed with it's corporate seal. This Power of Attorney is granted and IS signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of December, 1958: "RESOLVED, That the President, or any Vice President of. the Company or any person designated by any one of them is hereby authOriYed to execute Powers of Attorney qualifying the attorney named in the given Power of Attomey to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the Seal of the Company. FURTHER RE$OtVED, That the signature of Such officers and the Seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond undertaking or contract of suretyship to which it is attached." Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of Directors of the Company on August 7, 1997. RESOLVED, That the signature of Nicholas M. Brown Jr., as President of this Corporation, and the seal of this Corporation may be affixed or printed on any and all bonds, undertakings, recognizances, or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate relating thereto, by facsimile, and any Power of Attorney, any revocation of any Power of Attorney, bonds, undertakings, recognizances,:certificate or other written obligation,; bearing suOh facsimile signature or facsimile seal shall be valid and binding upon the Corporation. IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be he authorized ;officers this April21st, 2004. �¢Por�T SEAL • STATE OF DELAWARE COUNTY OF NEW CASTLE On this 21 st day of April; 2004, before me personally came Nicholas M. Brown Jr to me known, who, being duly sworn,' did depose and say that he is President of the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the aforesaid instrument is such corporate seal and: was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by Ike order. euntaaffixed and th nts to be signed by its duly XL SPECIALTY INSURANCE COMPANY PRESIDENT SECRETARY F9WREthr+z� 147*OTAAJ. no STATE OF NEW JERSEY" COUNTY OF BERGEN" MUM CUM KOLIBOFF Notary Public State of New lefty My Commission. Expires 3/8/2007 NOTARY PUBLIC I, Ben M_ Lianeta, Secretary of the XL SPECIALTY INSURANCE COMPANY a corporation of the State of Delaware, do hereby certify that the above and forgoing is a full, true and correct copy of Power of Attorney issued by said Company; and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the City of Wilmington,' this 25Tpay of w\Ng(JN� SEAL, m'/�xWq,pHgft� This Power of Attorney may not, be used to`exe This document is printed on a blue background SECRETARY ORIGINAL ISSUED IN ONE ORIGINAL COUNTERPART BOND ND: SB0081732 PREMIUM: INCLUDED IN THE PREMIUM CHARGED FOR THE PERFORMANCE BOND PAYMENT BOND NATIONAL CITY MUNICIPAL POOL RENOVATION, FY 2004-05 SPECIFICATION NO. 04-13 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2005-99, passed the 17' day of May 2005 has awarded to California Commercial Pools, Inc., hereinafter designated as the "Principal", the National City Municipal Pool Renovation, FY 2004-05, Specification No. 04-13. 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 XL SPECIALTY INSURRNCE COMPANY as Stiuti arp held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Nine Hundred Ninety One Thousand Dollars ($991,,000) lawful money of the United States, for the payment of which sum welland truly to be made, We bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns,. shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to 'Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit ,is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3151 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, PAYMENT BOND (CONTINUED) NATIONAL CITY MUNICIPAL POOL RENOVATION, FY 2004-05 SPECIFICATION NO, 04-13 It is further stipulated and agreed that the Surety on this bond shall riot be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herci,nabove described, nor by any rescission or attempted rescission of the contract, agreemcnt or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants oth.erwise entitled to recover under any such contract or agreement or under the bond, nor by any fraudpracticed 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 3.110 or 311.2 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 deemedan original thereof, have been duly executed. by the Principal and Surety above named, on the 25TH day of NAY_ 2005 . . XL SB€CIALTY INSURANCE COr1PANY ( ) CALIFORNIA COMMERCIAL POOLS, INC. (SEAL) (SEAL) / te" (SEAL) (SEAL) DAVID E. JACKSON (SEAL) JULIA B. LEONARD ATTORNEY -IN -FACT Surety APPROVED AS TO FORM George H. Eiser, III City Attorney Principal PAYMENT BOND (CONTINUED) NATIONAL CITY MTJNICIPAL POOL RENOVATION, FY 2004-05 SPECIFICATION NO. 04- 13 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss ) On this day of , 200, before rue, the undersigned, a Notary Public in and for said •County and State, personally appeared kn son whose name is subscribed to Me within instrument as as the wn toattorney-iin-fact of me to he the r the in said instrument, and acknowledged to me that he subscribed then name asofusaid corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged, Signature: NOTE: The Attorney--in-fact shall attach a certified copy of the Power. of Attorney, Name (Type or Print): (Notary Public in andfor said County and State) . My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, iII City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .-. _.--..��...-.-.-r-��r..-.-.ter.- State of CALIFORNIA County of LOS ANGELES On MAY 26, 2005 Date personally appeared r before me, KARLA R. STONE, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") DAVID E. JACKSON KARLA R. STONE Commission # 1547661 Notary Public - California Los irsle County — My Comm. Expires Feb 25, 2004 Name(s) of Signer(s) X personally known to me J proved to me on the basis of satisfactory evidence to be the person(Xwhose nameN is/ate-subscribed to the within instrument and acknowledged to me that he/4kP/tkey executed the same in his/her/their authorized capacity(es), and that by his/her/their signatures on the instrument the persons , or the entity upon behalf of which the person() acted, executed the instrument. WITNESS m nd and,official ' l t OPTIONAL ignature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document , FIVE ORIGINALS Title or Type of Document: PAYMENT BOND - NATIONAL CITY POOL REHAB Document Date: MAY 25, 2005 Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) Signer's Name: DAVID E. JACKSON ❑ Individual ®Corporate Officer ❑Title(s): VICE-PRES. & SECRETARY ❑ Partner,— .PI Limited ❑ General O Attorney -in -Fact ❑Trustee ❑Guardian or Conservator ❑Other: Signer Is Representing: CALIFORNIA COMMERCIAL POOLS, INC. HIGH ( 1 HLJPABPRINT OF SIGNER Top of thumb here Number of Pages: 2 Signer's Name: ❑ Individual ❑Corporate Officer ❑Title(s): ❑ Partner Limited General ❑ Attorney -in -Fact ['Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THun1RPRIN I OF SIGNER Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On MAY 2 5 2005 personally appeared before me, S.L. KYSETH, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") JULIA B. LEONARD, ATTORNEY IN FACT Name(s) of Signer(s) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 S.L. KYSETH COMM. #1528013 NOTARY PUBLIC - CALIFORNIA cn RIVERSIDE COUNTY M Comm. Ex Tres Nov.19, 2008 WITNESS my hand and official seal. A Signa''- of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: U Individual Corporate Officer n T• itles(s): ❑ Partner - ❑ Limited Attorney -in -Fact Li Trustee ❑ G• uardian or Conservator ❑ Other: II E General Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of Thumb here Signer's Name: Li Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited n Attorney -in -Fact ❑ Trustee 7 Guardian or Conservator ❑ Other: Signer Is Representing: ❑ General RIGHT THUMBPRINT OF SIGNER Top of Thumb here BD-1133 09/00 SURETY DISCLOSURE NOTICE CONCERNING FEDERAL TERRORISM RISK INSURANCE ACT You should know that, effective November 26, 2002, the US Congress enacted the Terrorism Risk Insurance Act of 2002 (the `Act"). Under the Act, any covered losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. In accordance with this Act, we are providing this disclosure notice for bonds on which XL Specialty Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the bond premium attributable to coverage for certified acts of terrorism under the Act is Zero Dollars ($0.00) 155uEof:SN nNE ORIGINAL C0#1NTERPAR3s'. f�k &SPEGGALTY BOND NO: 5B0081732 THIS IS NOT A BOND NUMBER LIMITED POWER OF ATTORNEY XLS 34592 KNOW ALL[MEN BYT.HESEPRESENTS That the XL SPECIALTY INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of Delaware ("Company! -or "Corporattoh'j-, with offices:At25 Indepe.ndence Blvd., Suite 103, Warren, New Jersey, 07059, does hereby nominate, appoint; Kenneth A. Coate, Mark N. Gladding, Julia B. Leonard its true and lawful Attorneys) -in -fact to make, execute, attest, seal and deliver for and on its behalf, as surety and,as its act and deed�.where repuued; any-andall bonds' undertakings, recognizances and written obligations in the nature thereof, the penal sum of no one of which3isin any event to exceed$25 000,DD0 00'Su::fi:bondsand undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the said Company as fully and to_the same extenfias if such ponds and undertakings were signed by the President and 'Secretary of the Company and sealed with its corporate:seal Tliis-Power ofAttdrney is.grahed:and is`signed by -facsimile under and by the authority of the following Resolution adopted. by the Board of Directors of the Company on the 51h. d8y Of December 1988:-_ "RESOLVED, That -the President, or any Vice President of the Company or any person designated bj:any-_one of them 18-hereby auther¢ed to execute Powers of Attorney - qualifying -the attorney named -in -the given Power.of Attorney to-execute:in-behalf of -the Company, bonds, undertakings and at contracts -of suretyship, and that any Secretaryor any Assistant Secretary of the Company be, and. that each er any of them hereby authorized to attest the execution of any such Power of Attorney. and to attachaheret ci the SealoftheCompany -b. - _.,. - FURTHER RESOLVED That the signaturwof.suah officers and the Seal of the Company may be'affixed td any such_Power of Attorney or to any certificate relating -thereto by acsFmilel and any such;Power-or Attorney or ertificate bearing such.tacsimile signatures or facsims ile eal[shall be thereafter valid and binding upon the Company with., respeC! io any bond undertaking or contract ofsuretyship to which it is a$ach d . .r ., : rt pods •executed Under this Power ofAttomey stay be exc_irted underfacstmlle signature and seal pursuant to She following Reol sution adopted by the Board of Directors of the : m opanypn Apgust T- 1997 , , E RESOL`fhatthe reorr sighatuNichdias M:rBroWral as President of,'this Corporation and the seal of this Corporation may be affxed or printed on an VEDy and all bonds Undertakings recegnizanpes or other wfitten-obligations thereof ota any revocahon.tany,Powe[.of'Attorney or pn any•certificate relating thereto by .facsimile . , apd any-PoweroF Attorney any re'4pdation of anyfow,ec o'fAftbrney,•.bgnds•undertaklrlgs recogntzanoes icertrficate orgtherwrltten oblrgaiian 6eanztg suchrrae5imile , ,` 9 r acstmile seal -,shall benvalid `andTbindifg upohithe G.orporatton . si nature orf k� ESS'WtBEREOF ttae JCL ,SE?Ec.i.A. ' INStJRFfL1C-E.COMPAN ,has caused Its corporate seal to.,be hereunto affixed and, thesepreserats`fo be signed•by es duly NWITN � autbanzed rgffiCer$t!T.' fAp .XL SPECip 7 INSURANCE COMPANY 5'ECE.TARY . F R Op ttSis 27 sit day ofiAPnI20oA before me:.pe7sonalty came ch N{olas M Brown Jr io me known who,wheiirg duly swoPn dad deposo and say :fhaf he is President of the Corporation .'. describegan ansi which executed. the above instrument that he knows.tile seal,ofsaid Corporation ihat:tne seat affixed to.the aforesaid instrument is such aorporate:seal and.was tie ., _ affixedzttleteto bTy gtder and authorUy of the 0oartl of l]uectors of said Company -and tha# he executed the said tnslmrttpnt by like ordet ; <93 ,--. LFUBC.tct' '6-1 . 9r•-.,:::_ Pam. _ S•{"ATE'OFNEW,JEftEY' COD NTY:OFBERG.EN . ., ...;:: 1 Ben M,1laneta Secretaryof the XL SPECIALTY INSU.RANCE'COMPANY a corporation of the State of Delaware,. do hereby certify that the above and forgoing is a full, true and correct oopyof Power•of:Attdrney issued by -said Company, and that -.have compared same with the original .and -that -it is a correct transcript therefrom and of the whole of -the original and that the said Power of Attorney is still in full force and effect and has. not been revoked. ' IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the City of Wi mingten, this 25Tfgy of.; In AY::;. 20 n,,-- \rsurzy 4 Nc U: G • l,l. z 'Eel_ =u SEAL %uy�LAWP This Power of Attorney may not be used to exe This document is:;.p'rinted -on-a blue .background 'NOTARY PUBLIC 06/03/2105 FRI 13:10 FAX 902 273 0212 MTNARD ARES INS. GROUP 141002/004 ACOPP CERTIFICATE OF LIABILITY INSURANCE PRODUCER Minard & Associates insurance Agency, Lnc., LiCefee *0D36866 4646 E. Van Buren, 8200 Phoenix P.Z 85008 Phone:6(2-273-1625 OP ID nQ CALCO6M GATE(MMASOlYYYY) O6/03/0S THIS CERTIFICATE is ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC DJSUR.O :tEalifornia CamsexCiaItl a! c],S, .TnAutc. SS o Centre vrive endora CA 91740 NSURER A' Aaoh Ipecialey flnYYAnq. Co. INSURERS soon; Vat. rite Iativ'Ywav INSURERC Arch Insurance Company 11150 INSURER O: yirr an's Fund INSURER E. vv...v...... THE POLICIE5 OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURE° NAMED ANY REQUIRE AM, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH MAY PPRTAIN 'IHE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT POLJCIES. AG :REGATE LIAMTS SHOWN MAY HAVE BEEN REDUCED $Y PA10 CLAIMS. ABOVE FOR THE POLICY RESPECT TO WHICH TO ALL THE TERMS, �T'� 'Q�qqPP��`� 04TEIMMlOWYYj PERIOD INOICAT2O. NOTWITHSTANDING THIS CERTIFICATE MAYBE I8SUE0 OR EXCLUSIONS AND CONDITIONS OF SUCH • n.I-. TYPE OF INSURANCE POLICY NUMBER ATfi (MMIBO LIMIT5 Gen NHAL, LIABILITY EACH OCCURRENCE $ 1, 000, 000 A X COMMERCIAL GENERALuaaIUTY zAJLB90034 06/12/04 06/12/05 R g YEe=t-tF) $190,000 uEO EXP(Aeyeev PMd9A) $5,000 _ CLAIMSMADE UOCCUR PERSONALS ACV4N31JRY 614000,000 GFNERALAGGHEGATE 62,000,000 OS. L AD'3REDATE LIMIT APPLIES PER' PFODUCTB-COMWCPAGG $ 1,000,000 Emp Ben. 1,000,000 I�LI POCY ri JECT [—I LCC ALIT TMOTUL6 LIABILITY COMBINED SINGLE LIMIT $ 1, 000, 000 C XH ANY,wI'0 ZACAT90025 06/12/04 06/12/05 {ea"6'eu) POINLYINJURY $ ALLIwM Auros A O AUTO5 TM' Wan)I X HIRED AUTOS RED BODILY INJURY X I NCNOWNED AUTOS (Pw vctltlenU PN.OFERTY DAMAGE (PM madam) 5 GA M1GEIJAd1UTY AUTO ONLY. EA AGCIOENT $ OTHER THAN EA ALC 6 ANY ■ .W'TO AUTO ONLY: AGO $ EKC MIL MORELLA LIABILITY EACH OCCURRENCE 54,000,000 AGGREGATE 54,000,000 5 X OCCUR a/0531,00E EE26E11124 06/12/04 06/12/05 S ■ DE000TIBLE $ Eli RETENTION 310,000 � 6 WORMER COMPENSATION AND ii ITORCVLMUT41 X,1% @. LEA CLI ACCIDENT 61 000,000 `, EMPLOYEI :S'LEIBILITT ANY PROP UETGR/PARTNEWEYECUTIVE Z .WCI90103 06/12/04 06/12/05 OFFICEWI EMBER EXCLUDED? 6.L. DISEASEEAEMPLOYEE51,000,000 RyyeFJa9 16DucCa, SPECULA EpVI610NS Bmoa F..LOSEABE- POLICYUNIT 61,000,000 OTRSR --- DESCRIPTOR 01 OPERATIONS I LOCATIONS I VEHICLES !EXCLUSIONS ADDEO ET ENBORSEMENT (SPECIAL AR$VIBWNS *Except for ten (10) days notice of cancellation for non payment of premium. SE: National City Municipal Pool Renovation, 1800 E 22nd Street, National City, CA 91550. City of National city (owner), the Construction Manager, the Architect, the Construction Manger's and Architects, odnsultant8. their directors, officers, employees, agents and rape are ehoTFn as Additional CERTIFICATI HOLDER CITNOOS 1:it'y of National City 1IngLneering Department :.234 National City Blvd Ilaticnal City CA 91950 4110 ACORD 25 (2 )0T TUB) SHOULD ANY OF THE ABOVE DESCRIBED POLIOIEB BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER W ILL'S a 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, O ACORd CORPORATION 1868 50/Z0 3Eid 800 6LSVV6E696 8T:60 500Z/90/90 06/113/2f 05 FRI 13:12 FAX 602 273 0212 ll1INARD ! 1ES INS. CROLP POLICY NUMBER: ZAQL890234 COMMERCIAL GENERAL LIABILITY CG 20 10 10 os THIS ENDORSEMENT ORANGES THE POLICY, PLEARp READ IT CAREFULLY_ ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of National City (owner), the Construction Manager, the Architect, the Construction Managers and Architect's consultants, their directors, ortieers, employees, agents and reps (r no entry appears Moue. Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section 11— Who Is An Insured is amended to include as en insured the person or organizaton shown in the Schedule, but Only With respect to liebUty arising out of your ongoing operations performed for thel Insured. S. With respect to the insurance afforded to these additional insureds, the following exclusion is added. 2. EXCIUsions This insurance does not apply to 'bodily injury" or "property damage" occuning after. (1 t Ail wore, Including materials, parts or equipment furnished in connection With sudh Word On the project (other than service, maintenance or repatrs) to be performed by or on bobel of the additional insureds) at the slte of the covered operations has been completed: or CG 20 10 10 tie (2) That portion of 'your work' out of which the Injury or damage anaes has been put to Its intended rse by any person or organization other then another contractor Or subcontractor engaged In performing operations fora principal as a Part or the same project. m ISO Properties, Inc., 2000 Q 004/004 SO/Pe a d d3J 6LSbb6E516 8I:61 SO06/90/90 00/03/21,05 FRl 13:11 FAX 602 273 0212 6Y'INARD AMES INS. GROUP R1003/004 ";' e�P'i 'ffie`•��7136�'s°W,m";�3i St'h c'nd;r>n-n>aa):4)na:y,raeMk'4�:ee:an+a Insured as with respects to the General Liability utilizing form CG2010(:0/01) attached. Coverage is Primary and Non -Contributory. Waiver of Subr<gatiou applies to General Liability utilising form CG2404. Waiver of Submgation applies to Workers Compensation coverage endorsement to be issued 1y company. Professional Liability is not covered under this certificate of insurance. This cetificate cancels and supersedes certificate issued 05/24/05. S0/E0 3'dd dDD 6LS17b6E606 81:60 500Z/90/90 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 17, 2005 AGENDA ITEM NO. 11 ITEM TITLE Resolution of the City Council of National City awarding a contract to California Commercial Pool in the amount of $991,000, and appropriating $413,327 in funding received via two State grants ($157,327 Roberti-Z°berg Harris Block Grant & $256,000 Per Capita Grant), for the Renovation Improvement of the National City Municipal Swimming Pool. PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT. 4187 EXPLANATION See attached explanation. Environmental Review X N/A MIS Approval Financial Statement The award is for $991,000. The funds are available in 303-409-500-598-4097 ($218 ($68,500), and through the STAFF RECOMMENDATION Adopt the Resolution. Approved By: Finance Director the following accounts: 243-409-500-598-4097 ($502,000), ,000), 244-409-500-598-4097 ($161,140), 301-41500-598-4097 new appropriated funds ($157,327 $256,49un o. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. State Grant Award Certificates 3. Bid Opening Information Sheet Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2005 — 99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO CALIFORNIA COMMERCIAL POOL IN THE AMOUNT OF $991,000, AND APPROPRIATING $413,327 IN FUNDING RECEIVED VIA TWO STATE GRANTS ($157,327 ROBERTI-Z'BERG HARRIS BLOCK GRANT AND $256,000 PER CAPITA GRANT) FOR THE RENOVATION IMPROVEMENT OF THE NATIONAL CITY MUNICIPAL SWIMMING POOL WHEREAS, the Engineering Department of the City of National City did, in open session on May 4, 2005, publicly open, examine and declare all sealed bids for the Renovation Improvement of the National City Municipal Swimming Pool. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Renovation Improvement of the National City Municipal Swimming Pool to the lowest responsive, responsible bidder, to wit: CALIFORNIA COMMERCIAL POOL BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract between California Commercial Pool and the City of National City for the Renovation Improvement of the National City Municipal Swimming Pool. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby approves the appropriation of $413,327 in funding received via two State Grants ($157,327 Roberti- Z'berg Harris Block Grant and $256,000 Per Capita Grant) for the Renovation Improvement of the National City Municipal Swimming Pool. PASSED and ADOPTED this 17th day of May, 2005. ATTEST: Michael Dalla, Ci(y Clerk APPROVED AS TO FORM: George H.'Eiser, III City Attomey Passed and adopted by the Council of the City of National City, California, on May 17, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA i Clerk of the City By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-99 of the City of National City, California, passed and adopted by the Council of said City on May 17, 2005. City Clerk of the City of National City, California By: Deputy C Obf National City, California Re: Resolution of the City Council of National City awarding a contract to California Commercial Pool, in the amount of $991,000, and appropriating $413,327 in funding received via two State grants ($157,327 Roberti-Z'berg Harris Block Grant & $256,000 Per Capita Grant), for the renovation/improvement of the National City Municipal Swimming Pool. Las Palmas Municipal Swimming Pool Facility in Serious Need of Renovation. The City's Municipal Swimming Pool facility was constructed in the 1950's. It consists of an outdoor swimming pool, outdoor activity pool, locker building, and mechanical building. Since its construction, little work has been done to upgrade the facility. Currently, the facility is in a state of deterioration. A summary follows regarding the existing problems with this facility and the proposed renovation schedule. Las Palmas Municipal Swimming Pool Facility is in Violation of State Code. Based on a study conducted by the City's consultant, the Las Palmas Municipal Swimming Pool facility was found to be in violation of various State Health and Safety and Building Codes. Specifically, the following problems exist with the facility: (1) the swimming and activity pool share the same circulation and treatment system (two circulation systems are required by code), (2) the swimming and activity pool's plaster finish has come loose posing a hazard to users and the circulation and treatment system, (3) adequate handicap accessibility does not exist for the pools, and (4) areas of the pool deck and deck edge are chipping and cracking posing a risk to the public. Las Palmas Municipal Swimming Pool Maintenance Problems Create Burden on City Staff and Resources. Due to its deteriorated state, the Las Palmas Municipal Swimming Pool requires significant maintenance from City staff. Specifically, the following problems exist: (1) the facility fence does not prevent the public from climbing over the fence while the facility is closed —staff must clean up after violators and are concerned about the safety of the violators, (2) some of the original pool piping has leaks, and (3) expansion joints sealant in the pool floors have failed, which has required costly maintenance. Renovation of Las Palmas Municipal Pool Facility will be Completed in Two Phases. Renovation of the Las Palmas Municipal Swimming Pool project will be completed in two major phases. Phase I includes the following activities: (1) renovation of the existing 50-meter swimming pool, (2) construction of a new activity pool, (3) renovation of the plumbing and mechanical systems, (4) renovation of the pool deck, and (5) renovation of the perimeter fencing. Phase I has been designed and bid documents prepared in late 2004. Phase II of the Las Palmas Municipal Swimming Pool Renovation project will consist of the following activities: (1) addition of a water slide, (2) improvements to the parking lot (addition of handicap parking and lighting), (3) renovation of the bathhouse, and (4) addition of an entry kiosk. The design and construction could start in Fiscal Year 2006-07, depending on funding. This report focuses on the activities discussed above in Phase I. City Staff Bid Project to Begin Process of Renovating Deteriorating Pool Facility — Bids too High. To begin work on renovating the deteriorating facility, the City went out to bid in January of 2005. The intention was to begin construction in March of 2005. The project's bid components (Phase I) are listed below: • Base Bid. Renovation of the 50-meter swimming pool, activity pool, mechanical system. • Additive Alternative I. Reconstruction of the pool deck. • Additive Alternative II. Installation of the perimeter fencing. On February 24, 2005, the City received three bids for this project. The bids, however, came in much higher than estimated. Of the three bids, California Commercial Pool of Glendora, CA, was the lowest bidder. Their bid amounts are listed below: Base Bid $1,496,000 Additive Alternative I $299,000 Additive Alternative II $115,000 Total $1,910,000 Specifically, the base bid, which included the work for the Swimming Pool, activity pool, mechanical system, totaled $1,496,000. The City could not award the contract based upon available funds and all bids were rejected. Rebidding of Project to Obtain Lower Bids Unsuccessful. In an attempt to obtain lower bids for this project, City staff decided to: (1) break the project into four components, (2) rebid the project, and (3) conduct more outreach through expanded advertising and personal calls to contractors. In April of 2005, the City opened the new bids for the project, advertising the following four bid components: • Base Bid. Renovation of the 50-meter swimming pool, plumbing, and mechanical systems. • Additive Alternative I. Construction of a new activity pool. • Additive Alternative II. Reconstruction of the pool deck. • Additive Alternative III. Installation of the perimeter fencing. In addition to rebiding the project, the City purchased $74,673 in equipment in order to utilize State Grant funding that was to expire by the end of April (this equipment will be "owner furnished —contractor installed" as shown in the bid documents). On May 4, 2005, the City received and opened two bids. The first bid was from California Commercial Pool of Glendora, CA. The second bid was from Weir Construction of Escondido, CA. Again, California Commercial Pool was the lowest qualified bidder. They proposed the following bids: Base Bid $991,000 Additive Alternate I $435,000 Additive Alternate II $261,000 Additive Alternate III $123,000 Total S1,810,000 In comparing the initial bid (Base Bid activities only) to the recently received bid for the same activities (Base and Additive Alternative I bids), and the City's purchase of $74,673 in equipment, the total current cost for these items ($1,500,673) has increased by $4,673. Essentially, the City's efforts to rebid the project to obtain a lower bid were unsuccessful ---resulting in an increase in cost to the City. Staff Recommends City Council Award Base and Additive Alternative Bids to Save Money on the Project. Based on the existing project contract, the project should be awarded based on the Base Bid proposal ($991,000). Under this proposal, only the swimming pool, plumbing, and mechanical systems would be renovated. The activity pool (Additive Alternative I), pool deck (Additive Alternative II), and perimeter fencing (Additive Alternative III) would not be addressed continuing to pose safety and maintenance problems for the City. Staff recommends, however, that the contract be awarded to California Commercial Pool based upon the Base and Additive Alternate bids ($1,810,000 plus the additional expenses discussed below). As discussed above, material and labor costs are increasing. The future cost of this project is likely to be significantly higher if the Phase I activities are not completed at the same time. In addition, awarding the contract based on the base and additive bids would allow the City to avoid closing the pool facility multiple times. Swimming activities will be disrupted, however, the public will only have to keep in mind two dates ---the closure date and the reopening date. They will not have services interrupted multiple times or have to keep in mind multiple closing and opening dates. If sufficient funding is unavailable to complete this project as recommended, staff recommends that the City Council approve the work contained in the Base (renovation of pool, plumbing, and mechanical systems) and Additive Alternative I (construction of activity pool) bids. The work included in the Additive Alternative I bid was originally included in the base bid the first time the City bid this project. As discussed above, this work was separated out for the second bid process to attempt to receive a lower bid. Currently, the activity pool is utilized to provide swim lessons for children. In its current state, the pool poses a safety and health hazard to users because of the loose plaster and insufficient treatment and filtration systems. In approving the construction of the activity pool (Additive Alternative I), the City would ensure that children and families using the activity pool have a safe facility in which to learn how to swim. If only the base bid work is performed, the activity pool will be closed thereby not allowing swim lessons. Additional Funding Required to Complete Municipal Swimming Pool Renovation. In addition to the bid costs referenced above, the City must budget for the following expenditures: (1) construction management, inspection, and testing, (2) contingencies, and (3) special inspection. Below, is a summary of the total cost to complete this project with these costs included. Base Bid and Additive Alternative Bids Total $1,810,000 Construction Management, Inspection, and Testing (7%) $127 000 Contingencies (10%) $]81,000 Special Inspection $10,000 TOTAL $2,128,000 Including the appropriation of the $413,327 in State grant funding that is recommended in this report; a total of $1,363,104 in funding is available for this project. $764,896 in Funding is Required to Complete Phase I of the Project. To complete the work included in the Base and Additive Alternative bids (Phase I), the City will need to appropriate an additional $764,896 in funding. A FY 2005-06 CIP request for this amount has been submitted by the Engineering Department to the City Council. This funding request is not part of the discussion tonight; however, the City Council will consider it as part of the FY 05-06 Budget package. In order to complete Phase I of the project, as recommended by staff, the FY 2005-06 CIP must be approved. If the City determines that sufficient funding does not exist to complete Phase I, pursuing completion of the Base and Additive Alternative I Bids will require $315,316 in additional funding (as shown below). Base Bid $991,000 Additive Alternate I $435,000 Construction Management, Inspection, and Testing (7%) $99 820 Contingencies (10%) $142,600 Special Inspection $10,000 Total $1,678,420 Project Cost (Base Bid and Additive Alternative I Bid): $1,678,420 Total Funding Available for this Project: $1,363,104 $315,316 State of California • The Resources Agency Amold Schwarzenegger, Governor, ri DEPARTMENT OF PARKS AND RECREATION • P.O. Box 942896 • Sacramento, CA 94296-0001 Ruth Coleman, Director (916) 651-8584 February 09, 2005 Steve Kirkpatrick Assistant Director City of National City 1243 National City Boulevard National City, CA 91950 Re: Roberti, Z'berg, Harris, Block Grant Program Contract Number: CO209723 Dear Steve Kirkpatrick: WYN�tyF 01't IT1 RE ,IV ED Oda ---- Enclosed for your files is a copy of a fully executed contract for the above referenced program. Please refer to your procedural guide for grant process information. As a reminder, your project must comply with the Americans with Disabilities Act of 1990 and any other laws and codes relating to individuals with disabilities. If you have any questions, please contact me at (916) 651-8584 or e- mail at bbost@parks.ca.gov. Sincerely, L,t,. Bill Boston Project Officer Enclosure State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION GRANT CONTRACT 2002 Resources Bond Act Roberti-Z'berg-Harris Block Grant Program GRANTEE City of National City THE PROJECT PERFORMANCE PERIOD is from July 01, 2003 thru June 30, 2011 The Grantee agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of Parks and Recreation pursuant to the Roberti-Z'berg-Harris Block Grant Program in the CalifDmia Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002, agrees to fund the Project up to the total State Grant Amount indicated. These funds are for high priority projects that satisfy the most urgent park and recreation needs, with emphasis on unmet needs in the most heavily populated and most economically disadvantaged areas within each jurisdiction. Total State Grant Amount not to exceed $157,327.00 City of National City By Title Date (Signatu)e oTAo rized Representative) City Manager The General and Special Provisions attached are made a part of and incorporated into the Contract. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By Date I hereby certify that the Grantee has met, or will meet, all federal, state and local environmental, public health, relocation, affirmative action,and clearinghouse requirements and all other appropriate codes, laws and regulations prior to the expenditure of grant funds. (Public Resources Code 5626(d) Signed /- /o-OS" (Signed - Legal Counsel for Grantee) CERTIFICATION OF FUNDING (FOR STATE USE ONLY) Date AMOUNT OF ESTIMATE $157,327.00 CONTRACT NUMBER CO209723 FUND. CA CLEAN WATERAIRSAFE NGHBORHD PKSCOASTL PROTCT ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION BUDGET ACT- LOCAL ASSISTANCE ADJ. DECREASING ENCUMBRANCE $ CALSTARS VENDOR NO. 000000410600 UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT 3790-101-6029(1)(b) CHAPTER 157 STATUTE 03 FISCAL YEAR 2004/05 T.B.A. NO. B.R.. NO. INDEX. 1091 OBJ. EXPEND 702 PCA. 66011 I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance. SIGNATURE OF ACCOUNTING OFFICER J' J /-�'�` DATE •DATE. • _ CCU L// �� 3/ State of Califomia • The Resources Agency Amold Schwarzenegger, Governor DEPARTMENT OF PARKS AND RECREATION • P.O. Box 942896 • Sacramento, CA 94296-0001 Ruth Coleman, Director (916) 651-7740 April 13, 2005 Steve Kirkpatrick Director of Engineering City of National City 1243 National City Boulevard National City, CA 91950 Re: Per Capita Program Contract Number: CO207416 Dear Steve Kirkpatrick: Enclosed for your files is a copy of a fully executed contract for the above referenced program. Please refer to your procedural guide for grant process information. As a reminder, your project must comply with the Americans with Disabilities Act of 1990 and any other laws and codes relating to individuals with disabilities. If you have any questions, please contact me at (916) 651-7740 or e- mail at bwest@patks.ca.gov. Enclosure Sincerely, 4/61-vi,t (-/J-24- Bonnie Morse West Project Officer 3 GRANTEE State of Calltomia - The Resources Agency DEPARTMENT OF PARKS AND RECREATION GRANT CONTRACT 2002 Resources Bond Act PER CAPITA GRANT PROGRAM City of National City RECEIVE MAR 2 3 2005 OFF ICE OF GRAN, & LOCAL SERVICES THE PROJECT PERFORMANCE PERIOD is from July 01, 2003 thru June 30, 2011 The Grantee agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of Parks and Recreation pursuant to the Per Capita Program in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, agrees to fund the total Project Grant Amount indicated. THESE FUNDS ARE FOR THE ACQUISITION AND DEVELOPMENT OF NEIGHBORHOOD, COMMUNITY, AND REGIONAL PARKS AND RECREATION LANDS AND FACILITIES. Total State Grant Amount not to exceed $256,000.00 City of National ity By / r r�/aJn/nt��o (Sig o(AuUrodzed Representative) Title City Manager Date By Title Date 3/i5"�a� The General and Special Provisions attached are made a part of and incorporated into the Contract. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By Date CERTIFICATION OF FUNDING ,_.. 9/ems CONTRACT NO CO207416 AMENDMENT NO CALSTARS VENDOR NO. 000000410600 PROJECT NO. AMOUNT ENCUMBERED BY THIS DOCUMENT $256,000.00 FUND. CA CLEAN WATERAIRSAFE NGHBORHD PKSCOASTL PROTCT PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT ITEM 3790-101-6029(1)(a) CHAPTER 157 STATUTE 03 FISCAL YEAR 2004/05 TOTAL AMOUNT ENCUMBERED TO DATE $ $256,000.00 INDEX. 1091 OBJ. EXPEND 702 available PCA. 66010 PROJECT / WORK PHASE T.B.A. NO. I hereby certify upon my personal knowledge that budgeted funds are for this encumbrance B.R,. NO. ACCOUNTING OFFICERS SIGE DATE. BID OPENING SPECIFICATION NUMBER: 04-13 PROJECT TITLE: NATIONAL CITY MUNICIPAL POOL RENOVATION, FY 2004-05 OPENING DATE: WEDNESDAY, May 4, 2005 TIME: 3:OOPM ESTIMATE: $ 690,000.00 BASE BID PROJECT ENGINEER: STEPHEN KIRKPATRICK AND DIN DANESHFAR NO. BIDDER'S NAME AND ADDRESS (PAGE 12) BASE BID AMOUNT ALTERNATE BID #1 AMOUNT ALTERNATE BID #2 AMOUNT ALTERNATE BID #3 AMOUNT BID SECURITY AND ADDENDA 1. California Commercial Pool 2255 E Auto Centre Dr. Glendora, CA 91740 $991,000.00 $435,000.00 $261,000.00 $123,000.00 X X 2. Weir Construction Corporation 2255 Barham Drive Escondido, CA 92029 $1,224,000.00 $562,400.00 $289,500.00 $195,500.00 X X 3. 4. 5. 6. 7. 8. 5 ear eW lnno COIV'MERCIAL POOLS Califomia Commercial Pools Background arid History California Comrnercial Pools, Inc. is a 25-year old company that specializes in sill types of commercial aquatic facilities.. Our broad range of experienc3 encompasses all types of projects including, recreational swimming venue,, competitive aquatic facilities, water play parks, resort pools and fountain: Completing 30 to 40 projects a year translates to several hundred projects in o r twenty-five years of business. As a result of our background and extensiv experience, California Commercial Pools has become the leader in aquat:i7, facility construction on the west coast. Organized to adapt to the varying needs of our clients, we are staffed wit i competent design professionals, capable estimators, experienced project managers, and seasoned job superintendents. With years of experience we ar•3 flexible in our approach to construction and firm in our commitment to exactin standards and quality. As a result of the number of projects we complet: annually and our associations with recognized aquatic design consultants, was are continually on the cutting edge utilizing the latest construction method:, materials, and technologies. Our conservative fiscal management and our measured approach to growth hav1= shaped a stable and confident company, well positioned to dedicate thi . necessary resources to each individual project. Strong banking and bondino relationships, comprehensive insurance, and safety programs enhance client confidence. We look forward to putting our experience and resources to work on your project 2255 E. Auto Centre Dr, Glendora, CA 91740 / ph:909.3941.1280 Fax:909.394.1630 / CAL UC. Nc. 415172 (O City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 June 6, 2005 REVIEW AND APPROVAL OF CONTRACT DOCUMENTS FORM PROJECT: NATIONAL CITY MUNICIPAL POOL RENOVATION, FY 2004-2005 ENGINEERING SPECS. NO. 04-13, AWARDING RESO. 2005-99 DATE: 5/17/05 CONTRACTOR: California Commercial Pools, Inc. TO: City Attorney The following original contract documents are submitted for your review and approval: 1. 3 Copies of Contract Agreement - 2. _1 Copy of Performance Bond 3. 1 Copy of Payment Bond 4. 1 Copy of Certificates of Insurance If these documents are satisfactory, please forward them along with this form to the Mayor for his signature. COMMENTS: *********************************************+* Completed i� ******************************* TO: Office of the Mayor The attached original contract documents have been reviewed and approved by the City Attorney. Please sign all three copies of the contract, and forward all of the contract documents along with this form to the office of the City Clerk. ****************** Completed TO: Office of the City Clerk The attached original contract documents have been approved by the City Attorney and the Mayor. Please distribute them. 1. 1 Original copy to your file. 2. Original copy to the contractor 3. 1 Original copy to the Engineering Department. Please release the bid bonds of the unsuccessful bidders. Submjtte4-by: Approved by: in DanesF�i ar '' Associate Civil Engineer Review Step ten M. I City Enginee © Recycled Paper City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 (619) 336-4226 June 18, 2005 E. Lee Jackson, President California Commercial Pools Inc 2255 E. Auto Center Drive Glendora, CA 91740 Project: National City Municipal Pool Renovation, FY 2004-05 Engineering Spec. No. 04-13, Awarding Resolution 2005-99 Dear Mr. Jackson, On May 17, 2005, the City Council of the City of National City passed and adopted Resolution No. 2005-99, awarding a contract in the amount of $991,000 to California Commercial Pools, Inc. We are pleased to enclose one fully executed original contract and a certified copy of Resolution No. 2005-99 for your records. Should you have any questions, please contact Mr. Stephen Kirkpatrick, City Engineer at (619) 336-4380. Sincerely, / Michael R. Da la City Clerk Enclosure cc: Engineering File C2005-22 ® Recycled Paper