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HomeMy WebLinkAbout2013 CON EC Constructors - National City Aquatic Center Sp 13-04NATIONAL CITY AQUATIC CENTER Specification No. 13-04 CONTRACT THIS CONTRACT, made and entered into this 18th day of September City of National City, California, herein after designated as the "City", and E C Constructors, Inc. by and between the 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 AQUATIC CENTER Specification No. 13-04 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 lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 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. 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The Contractor shall assume the defense of and indemnify and save harmless the City of National City and its officers, employees, and agents, including the private engineer, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from this Contract, or the performance of the work, regardless of responsibility or negligence. 2-1 NATIONAL CITY AQUATIC CENTER Specification No. 13-04 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 manner, 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 entered 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. IN WITNESS WHE''OF, the parties hereto have caused this Contract to be executed in three counterparts, ea h o hich shall be deemed an original the day and year first above written. CONTRACT Sign Prime Contractor s J. Summers, President Date Signature of Prime ontractor Sherri L. Summers, L' Date rint name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) CITY: ATTEST: Federal ID. No. By: By: 20-4092767 City Clerk, City of N Iona! City (Notary acknowledgement of execu ion by all PRINCIPALS OF CONTRACTOR must be attached.) CA All -Purpose Acknowledgment Attached 2-2 ACKNOWLEDGMENT State of California County of San Diego On 9/25/2013 before me, Jacqueline Ann Campbell, Notary Public (insert name and title of the officer) personally appeared James J. Summers and Sherri L. Summers who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j�/are subscribed to the within instrument and acknowledged to me that ly67 ire/they executed the same in h their authorized capacity(ies), and that by l i r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand anofficial seal. Signatur- �.t��J• (Seal) JACQUELINE ANN CAMPBELL Commission 0 1926287 . Notary Public - California Tq, San Diego County M Comm. Ex ires Feb 20, 2015 NATIONAL CITY AQUATIC CENTER Specification No. 13-04 CONTRACT (CONTINUED) CORPORATE CERTIFICATE 1, Sherri L. Summers certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that James J. Summers , who signed said contract on behalf of the Contractor, was then President 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. 1, Sherri. L. Swcmers certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Sherri L. Summers , who signed said contract on behalf of the Contractor, was then CEU 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: 4/.e�G6 2-3 NATIONAL CITY AQUATIC CENTER Specification No. 13-04 CONTRACT (CONTINUED) PARTNERSHIP CERTIFICATE STATE OF ) COUNTY OF ) ) ss On this day of , 2013, 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: 2-4 NATIONAL CITY AQUATIC CENTER Specification No. 13-04 PAYMENT BOND Bond No. 72BCSGN8318 Premium is included in the Performance Bond. WHEREAS, the City Council of the City of National City, by Resolution No. 2013-197 passed the 17thday of Sept. , 2013 has awarded E C Constructors, Inc. , hereinafter designated as the "Principal", the NATIONAL CITY AQUATIC CENTER, Specification No. 13-04. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and Hartford Fire 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 Three Million Five Hundred Twenty -Four Thousand Eight lawful moneyof the United States,for .Hundred Ninety -Six and 00/100 Dollars (S3-524 896,00) the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 2-8 NATIONAL CITY AQUATIC CENTER Specification No. 13-04 PAYMENT BOND (continued) It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. 1N 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 23rd day of September , 2013. Hartford Fire Insurance Company (SEAL) EC Constructors. Inc. Yt(Liv 4. (SEAL) JJennifer L. Clampert, Attorney -in -Fact (SEAL) Sherri L. Summers, CEO Surety Principal (SEAL) SEAL) (SEAL) 2-9 **SEE ATTACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT** NATIONAL CITY AQUATIC CENTER Specification No. 13-04 PAYMENT BOND (continued) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) On this day of , 2013, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 2-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego on SEP 2 3 2013 Date before me, personally appeared Jennifer L. Clampert a Sarah Myers , Notary Public, Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) SARAH MYERS Commission # 1958463 Notary Public - California San Diego County Comm, Expires Nov 8, 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(,) whose name(* is/NO subscribed to the within instrument and acknowledged to me that IV/she/MI executed the same inihii/her/1r( yi%authorized capacity(Y , and that by 1ft/her/tlWN signature* on the instrument the person(*, or the entity upon behalf of which the person(* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and Signature OPTIONAL Signature of N al seal. rah Myers 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 the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General d Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Surety Company RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑ Individual O Corporate Officer —Title(s): ❑ Partner 0 Limited ❑ General O Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 One Hartford Plaza Hartford, Connecticut 06155 call: 888-266-3488 or fax: 860-757-5835 Agency Code: 72-160200 X X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the Statc of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Lawrence F. McMahon, James Baldassare Jr., Sarah Myers, Maria Guise, Lilia Robinson, Charlotte Aquino, Jennifer L. Clampert, Janice Martin of San Diego, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. COUNTY OF HARTFORD On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Wesley W. Cowling, Assistant Secretary STATE OF CONNECTICUT } ss. Hartford M. Ross Fisher, Vice President Kathleen T. Maynard Notary Public CERTIFICATE My Commission Expires July 31, 2016 I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of September 23, 2013 Signed and sealed at the City of Hartford. Gary W. Stumper, Vice President NATIONAL CITY AQUATIC CENTER Specification No. 13-04 PERFORMANCE BOND Bond No. 72BCSGN8318 Premium: $39,785.00 Premium is for Contract Term and subject to adjustment based on the Final Contract Price. WHEREAS, the City Council of the City of National City, by Resolution No. 2013-137 , passed the I7thday of Sept. , 2013 has awarded to E C Constructors, Inc. , hereinafter designated as the "Principal", the NATIONAL CITY AQUATIC CENTER, Specification No. 13-04. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and Hartford Fire 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 Three Million Five Hundred Twenty -Four Thousand Eight Hundred Ninety -Six and 00/100 ($3,524,896.00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions 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 herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. 2-5 NATIONAL CITY AQUATIC CENTER Specification No. 13-04 In the event suit is brought upon this bond by the City of National City 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 23rd day of September , 2013. Hartford Fire Insurance Company (SEAL) EC Constructors, Inc. (SEAL) yeatiy12,11—(SEAL) tiy r.%:l/Il,1��(SEAL) Jennifer L. Clampert, Attorney -in -Fact (SEAL) Sherri L. Summers, CI✓U (SEAL) Surety Principal 2-6 **SEE ATTACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT** NATIONAL CITY AQUATIC CENTER Specification No. 13-04 PERFORMANCE BOND (continued) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) On this day of , 2013, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: 2-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego On SEP232013 Date before me, personally appeared Jennifer L. Clampert } Sarah Myers , Notary Public, Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) SARAH MYERS Commission # 1958463 Notary Public - California z z " San Diego County My Comm. Expires Nov B _2015 E Place Notary Seat Above who proved to me on the basis of satisfactory evidence to be the person( Ji whose name(44 isAW subscribed to the within instrument and acknowledged to me that 66/she/11*/ executed the same in Ng/her/MOW authorized capacity(jW j, and that by li%$/her/ffili signatureq ij on the instrument the person%), or the entity upon behalf of which the person(,) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and Signature OPTIONAL Signature of cial seal. rah Myers 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 the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer Title(s): ❑ Corporate Officer —Title(s): El Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General d Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer is Representing: Surety Company Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 One Hartford Plaza Hartford, Connecticut 06155 call: 888-266-3488 or fax: 860-757-5835 Agency Code: 72-160200 X X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Lawrence F. McMahon, James Baldassare Jr., Sarah Myers, Maria Guise, Lilia Robinson, Charlotte Aquino, Jennifer L. Clamped, Janice Martin of San Diego, CA their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. COUNTY OF HARTFORD On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Wesley W. Cowling, Assistant Secretary STATE OF CONNECTICUT } ss. Hartford M. Ross Fisher, Vice President 4.4 Kathleen T. Maynard Notary Public CERTIFICATE My Commission Expires July 31. 2016 I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and fciegoir;g is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of September 23, 2013 Signed and sealed at the City of Hartford. Gary W. Stumper, Vice President ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 9/23/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Alliant Insurance Services, Inc. 701 B Street, 6th floor San Diego CA 92101 INSURED EC Constructors, Inc. 9834 River Street Lakeside CA 92040 NAME: Wella_Campbell _.. INC No Ext:619-849-3924 nI oal`ess:wcampbellCa alliantcom INSURERi3] AFFORDING COVERAGE INSURER A:Mt Hawley Insurance Company INSURER B :Golden E-gle Insurance Cop INSURER C Everest National Insurance Co INSURER D FAX C No):619-699 2165 NAIC # 37974 10836 10120 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 1997521151 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTRINSR TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDD/YYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY X OCCUR MGL0178142 5/1/2013 5/1/2014 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED PREMISES (Ea occurrence) $50,000 CLAIMS -MADE MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X ECT LOC PRODUCTS - COMP/OP AGG $2,000,000 Deductible gJil B AUTOMOBILE X _ X 'HIRED LIABILITY ANY AUTO ALL OWNED AUTOS AUTOS SCHEDULED ' AUTOS NON -OWNED X AUTOSAUTOS BA8846524 5/1/2013 5/1/2014 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE MXL0417123 5/1/2013 5/1/2014 EACH OCCURRENCE $8,000,000 AGGREGATE $8,000,000 DED X RETENTION $ Nil Deductible $Nil C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y / N NIA 7600007324131 5/1/2013 5/1/2014 X WC STATU- x OTH- TORY LIMITS ER E.L. EACH ACCIDENT _--- _- - ----- E.L. DISEASE - EA EMPLOYEE $1 000,000 --- --_- $1,000,000 $1,000,000 below E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: ECC JOB# 209, NATIONAL CITY AQUATIC CENTER PROJECT, SPECIFICATION NO. 13-04. CITY OF NATIONAL CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS ARE NAMED AS ADDITIONAL INSURED ON PRIMARY AND NON-CONTRIBUTORY BASIS, WAIVER OF SUBROGATION APPLIES. CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 1234 NATIONAL CITY BOULEVARD NATIONAL CITY CA 91950-6530 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: MGL0178142 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (If no entry appears below, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Sched- ule, but only with respect to liability arising out of "your work" for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled below and other insurance which may be available to such additional insureds will be non-contributory. Section IV., Condition 4., of this policy is amended accordingly. SCHEDULE Name of Person or Organization: All persons or organizations where required by written contract. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. CGL 216 (04/98) Page 1 of 1 Insured Policy Number: MGL0178142 Mt Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement) The Transfer Of Rights Of Recovery Against Others To Us Condition (SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. CG24041093 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 Insured COMMON POLICY CONDITIONS AN Coverage Parts Included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliver- ing to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named insured written notice of can- cellation at least: a. 10 clays before the effective date of cancella- tion if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancella- tion if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named insured's last malting address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date, 5. If this policy Is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund wif be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even If we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is author- ized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. Mt. Hawley Insurance Company C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the poli- cy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any lime; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insur- ability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insur- ance inspections, surveys, reports or recommen- dations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommenda- tions we may make relative to certification, under state or municipal statutes, ordinances or regula- tions, of boilers, pressure vessels or elevators. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Insured Page 1 of 2 Policy Number: MGL0178142 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: All Projects (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project Gen- eral Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products -completed op- erations hazard," and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construc- tion Project General Aggregate Limit for that des- ignated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggre- gate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being sub- ject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the ap- plicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obli- gated to pay as damages caused by "occurrences" under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which cannot be attributed only to on- going operations at a single designated construction project shown in the Schedule above: CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 Insured 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or time -tables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (Section I11) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 2 of 2 Insured COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following; BUSINESS AUTO COVERAGE FORM SECTION 1I — LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, If there is no similar insurance available to that organization, e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there Is similar insurance or a self -insured retention plan available to that organization; or (2) To "bodily injury' or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow In your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or govemmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional Insured to this policy by: (a) an expressed provision of an 'insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily Injury" or "property damage" is caused by an "accident' which takes place after. (a) You executed the "insured contract' or written agreement; or (b) the permit has been issued to you. 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of ball bonds (including bonds for related traffic law violations) required because of an "accident' we cover. We do not have to furnish these bonds. (4) All reasonable expenses Incurred by the "Insured' at our request, including actual loss of earning up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (01107) Page 1 of 3 AGENT COPY SECTION III — PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident' is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the dyne of the loss"; or (3) The cosi of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident", we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered "auto", c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that Is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expanses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". if loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph d. Coverage Extension. 7. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor Is named as an Additional Insured — Lessor, In the event of a total loss, we wfll pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Includes copyrighted material of Insurance Services Offices, Inc with Its permission GECA 701 (01107) Page 2 of 3 AGENT COPY Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes. records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" end such equipment is designed to be solely operated by use of the power from the autos electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently Installed In the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage If the glass is repaired rather than replaced. SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Stilt, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, 'suit", or Toss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or Toss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects Toss arising out of the operation, maintenance or use of a covered "auto" pursuant to the proviisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. Includes copyrighted material of Insurance services Offices. Inc. with its permission GECA 701 (01107) Page 3 of 3 AGENT COPY 4 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named hi the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM THE BLANKET WAIVER OF SUBROGATION NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER This endorsement changes the policy to which it is attached and is effective on the date inured unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 5/ 1 / 13 Policy No. 7600007324131 Endorsement No. 001 Insured: EC Constructors, Inc. Premium $ INCL. Insurance Company: Everest National Insurance Company Countersigned By: -199g by the Workers' Compensation Insurance Rating Bureau of California. MI rights reserved. From the WCIRB's Califorata Workers' Compensation insurance Forms Manual -1999. Policy Number: MXL0417123 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - CANCELLATION PROVISIONS The Cancellation provisions under the policy Conditions are amended as follows: 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us or any of our authorized agents advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation: a. At least ten (10) days before the effective date of cancellation if we cancel for nonpayment of premium; or b. Equal to the number of days of cancellation of any underlying policy, but not to exceed sixty (60) days before the effective date of cancellation, if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund will be computed at ninety percent (90%) of pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. ALL OTHER TERMS AND CONDII1ONS OF THIS POLICY REMAIN UNCHANGED. CUE 604 (05/04) Page 1 of 1 Insured RESOLUTION NO. 2013 — 137 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO EC CONSTRUCTORS, INC., IN THE NOT TO EXCEED AMOUNT OF $3,524,896 FOR THE NATIONAL CITY AQUATIC CENTER PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $528,734.40FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on August 20, 2013, did publicly open, examine, and declare 11 sealed bids for the National City Aquatic Center Project ("Project"); and WHEREAS, Precise Construction Management was the apparent low bidder with a total bid amount of $3,170,000.00, but due to a clerical error, Precise Construction Management withdrew their bid; and WHEREAS, Watkins Landmark Construction was the second apparent low bidder with a total bid amount of $3,445,950.00, however, their bid was deemed "non- responsive"; and WHEREAS, EC Constructors, Inc., was the third apparent low bidder with a total bid amount of $3,524,896. Upon review of all documents submitted and reference checks, EC Constructors' bid is responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications; and WHEREAS, a 15% contingency amount up to $528,734.40 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Aquatic Center Project to the lowest responsive, responsible bidder, to wit: EC CONSTRUCTORS, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $3,524,896 with EC Constructors, Inc., for the National City Aquatic Center Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of Septe . - 2013. ATTEST: Michael R. Dalla t Clerk y on orrison, ' ayor CI City Attor ill • ' OV s AS TO FORM: tua Silva Passed and adopted by the Council of the City of National City, California, on September 17, 2013 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City of National City, California CI rk of the City By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-137 of the City of National City, California, passed and adopted by the Council of said City on September 17, 2013. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "7ETING DATE: September 17, 2013 AGENDA ITEM NO. 10 ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract in the not to exceed amount of $3,524,896.00 to EC Constructors, Inc. for the National City Aquatic Center Project, Specification No. 13-04; 2) authorizing a 15% contingency in the amount of $528,734.40 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract (funded by San Diego Unified Port District CIP) PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: $3,080,000: 296-409-500-598-3816 (SDUPD CIP — reimbursable) $444,896: 001-409-500-598-3816 (SDUPD CIP) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A fTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution EXPLANATION The National City Aquatic Center Project, Specification No. 13-04, consists of the demolition of site items, construction of new Aquatics Center Buildings and all site improvements, complete and in -place as a turn -key project. In July, 2013, the bid solicitation was advertised in local newspapers and posted on the City's website. On August 20, 2013, eleven (11) sealed bids were received by the 11:00 a.m. deadline, opened and publically disclosed. Precise Construction Management was the apparent low bidder with a total bid amount of $3,170,000.00. However, due to a clerical error, Precise Construction Management withdrew their bid. Watkins Landmark Construction was the second apparent low bidder with a total bid amount of $3,445,950.00. However, their bid was deemed "non -responsive". EC Constructors, Inc. was the third apparent low bidder with a total bid amount of $3,524,896.00. Upon review of all documents submitted and reference checks, EC Constructors' bid is responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Attached are the bid opening results and a summary of the three lowest bidders for your information. The San Diego Unified Port District (SDUPD) has allocated a total of $3,910,000 towards the National City Aquatic Center as part of its Capital Improvement Program. The SDUPD previously submitted a project payment to the City of National City in the amount of $830,000. The remaining $3,080,000 is available as reimbursement for project expenditures. Staff recommends the following: 1) award a contract in the not to exceed amount of $3,524,896.00 to EC Constructors, Inc. for the National City Aquatic Center Project, Specification No. 13-04; 2) authorize a 15% contingency in the amount of $528,734.40 for any unforeseen changes; and 3) authorize the Mayor to execute the contract SPECIFICATION NO: PROJECT TITLE: TIME: DATE: ESTIMATE: BID OPENING 13-04 NATIONAL CITY AQUATIC CENTER 11:00 A.M. TUESDAY, AUGUST 20, 2013 $3,240,000. No. Bidder's Name Bid Amount Addenda Bid Security 1. Precise Construction Management 3970 Tynebourne Circle San Diego, 92130 $3,170,000 1-6 Bond 2. Watkins Landmark Construction 560 Stevens Avenue Solana Beach, CA 92075 $3,445,950 1-6 Bond 3. EC Constructors 9834 River Street Lakeside, CA 92040 $3,524,896 1-6 Bond 4. Fordyce Construction, Inc. 9932 Prospect Avenue #138 Santee, CA 92071 $3,525,390 1-6 Bond 5. NEI Contracting & Engineering 335 E Street, Suite B Chula Vista, CA 91910 $3,625,751 1-6 Bond 6. AMG & Associates, Inc. 28296 Constellation Road Santa Clarita, CA 91355 $3,638,000 1-6 Bond 7. SOL-PAC Construction, Inc. dba Soltek Pacific Construction Company 2424 Congress Street San Diego, CA 92110 $3,742,000 1-6 Bond 8. Cox Construction Co. 3170 Scott Street Vista, CA 92081 $3,759,000 1-6 Bond 9. T.B. Penick & Sons 15435 Innovation Drive, Suite 100 San Diego, CA 92128 $3,900,000 1-6 Bond 10. R. Clapper Construction Service, Inc. 2223 N. Locust Avenue Rialto, CA 92377 $3,990,000 1-6 Bond 11. I.E. Pacific Inc. 1663 Pacific Rim Ct. San Diego, CA 92154 $4,129,000 1-6 Bond National City Aquatic Center, Specification No. 13-04 Precise Construction Management Watkins Landmark Construction EC Constructors Item No. Description Unit Qty. Unit Price Unit Price Unit Price BASE. BID 1 Construction of the new Aquatic Center and all site and off -site improvements and utilities complete and in -place as a turn -key project LS 1 $ 3,170,000.00 $ 3,445,950.00 $ 3,524,896.00 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO EC CONSTRUCTORS, INC., IN THE NOT TO EXCEED AMOUNT OF $3,524,896 FOR THE NATIONAL CITY AQUATIC CENTER PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $528,734.40FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on August 20, 2013, did publicly open, examine, and declare 11 sealed bids for the National City Aquatic Center Project ("Project"); and WHEREAS, Precise Construction Management was the apparent low bidder with a total bid amount of $3,170,000.00, but due to a clerical error, Precise Construction Management withdrew their bid; and WHEREAS, Watkins Landmark Construction was the second apparent low bidder with a total bid amount of $3,445,950.00, however, their bid was deemed "non- responsive"; and WHEREAS, EC Constructors, Inc., was the third apparent low bidder with a total bid amount of $3,524,896. Upon review of all documents submitted and reference checks, EC Constructors' bid is responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications; and WHEREAS, a 15% contingency amount up to $528,734.40 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Aquatic Center Project to the lowest responsive, responsible bidder, to wit: EC CONSTRUCTORS, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $3,524,896 with EC Constructors, Inc., for the National City Aquatic Center Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of September, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk E C CONSTRUCTORS National City Aquatic Center Spec. No. 13-04 Awarding of Contract Lynn Cole (Engineering) Forwarded Copy of Contract to E C Constructors