The URL can be used to link to this page

Home My WebLink About2014 CON Fordyce Construction - Morgan Tower and City Hall Remodel ProjectOWNER - CONTRACTOR AGREEMENT MORGAN TOWER REPAIRS & CITY HALL REMODEL, CIP No. 14-04 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, a California municipal corporation ("Owner"), 1243 National City Boulevard, California 91950 and Fordyce Construction, Inc., 9932 Prospect Avenue, #138, Santee, CA 92071 ("Contractor"), on the 16th day of December, 2014, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement; the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 1 MORGAN TOWER REPAIRS & CITY HALL REMODEL CIP No. 14-04 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 5. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that i am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and ! will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shaii make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. 2-2 MORGAN TOWER REPAIRS & CITY HALL REMODEL CIP No. 14-04 Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. HOLD HARMLESS AND INDEMNIFICATION Contractor shall protect, indemnify, defend (with counsel selected and satisfactory to the party being held harmless and indemnified) and hold harmless the City of National City, and all its private consultants and for each their elected officials; appointees, officers, agents, employees, contract employees, consultants, heirs and assigns from and against any and all types of liability, causes of action, claims, damages, demands, losses, expenses (including, but not limited to ail attorneys' fees and legal costs), arising out of or resulting from, either directly or indirectly in accordance with the requirements of the special provisions. 12. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 13. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 14. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal proSecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False 2-3 MORGAN TOWER REPAIRS & CITY HALL REMODEL CIP No.14-04 Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (initial) (!n 15. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Contractor: a Mayor, City of National City (Owner/Officer signature) Brian Fordyce, President Attest: City Clerk, City of National City Print name and title (Second officer signaturetif a corporation) Krista Fordyce, Secretary Print name and title 100049 Contractor's City Business License No. 608529 A & B State Contractor's License No. and Class 9932 Prospect Ave #138 Business street address Santee, CA 92071 City, State and Zip Code 91-1986226 Federal Tax ID no. (Notary acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 2-4 ACKNOWLEDGMENT State of California County of San Diego On )� 3 ; , `` before me, Amy Crandall, Notary Public (insert name and title of the officer) personally appeared )) 1 . €t 1 14 who proved to me on the basis of satisfactblry evidence to be the person() whose name(s)/are subscribed to the within instrument and acknowledged to me that h,/s/they executed the same in h /hf r/their authorized capacity(ies), and that by h, 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 and official seal. Signature l (Seal) AMY CRANIALL Commission # 1934895 Notary Public e California San Diego County Cor te. Expires May 31, 20 NqORGANTOWER REPAIRS 8kCITY HALL REMODEL C|PNm. 14'04 EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional StandandDraxvngs City nfNational City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Gneenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements ofMTS,8NSF, SANDAG, Port ofSan Diego and 2-5 MORGAN TOWER REPAIRS & CITY HALL REMODEL OP No. 14-04 EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) 2-6 K4ORGANTOWER REPAIRS & CITY HALL REMODEL CORPORATE CERTIFICATE [ Krista Fordyce certify that !am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Brian Fordyce who signed said contract on behalf of the Contractor, was then President of said Corporation; that said contract was duly signed for and inbehalf ofsaid Corporation by authority of its governing body and is within the scope of its corporate powers. L certify that |arnthe Secretary ofthe Corporation named as Contractor in the foregoing Contract; that ,who signed said contract onbehalf ofthe Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 2-7 &4ORGANTOWER REPAIRS & CITY HALL REMODEL OPNo, 14-O4 PARTNERSHIP CERTIFICATE STATE OF ) )os COUNTY OF ) N/A On this day of ' 2014 before me, the undersigned, a Notary Public inand 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 or9rint): My Commission expires: 2-8 Bond No. SDIFSU 0641199 *Premium: $2,923.00 MORGAN TOWER REPAIRS & CITY HALL REMODEL CIP No. 14-04 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2014-__, passed the 16th day of December, 2014 has awarded to Fordyce Construction, Inc., hereinafter designated as the "Principal", the MORGAN TOWER REPAIRS & CITY HALL REMODEL, CIP No. 14-04. 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 International Fidelity 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 One Hundred Twenty Eight Thousand, Two Hundred Dollars and no Cents ($128,200.00) 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 !S SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in ail 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. 2-9 Bart Stewart, Attorney -in -Fact (SEAL) Surety MORGAN TOWER REPAIRS & CITY HALL REMODEL CIP No. 14-04 And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City 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 16th day of December 2014. International FidelityInance Com an (SEAL) Fordyce Construction, Inc. (SEAL) P Y (SEAL) (SEAL) .,.. (SEAL) Principal 2-10 Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH`FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint;' MOLLY CASHMAN, BART STEWART Encinitas, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and at bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed and maybe` revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY CMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Executive Vice President or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto ' and (2), any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS' WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Executive Vice President/Chief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) GOAL r, 1936 144APSSYL`t` On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of, the Boards of Directors, of said Companies. IN TESTIMONY WHEREOF, I have hereunto set hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov. 21, 2015 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that l have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this day of 4 MARIA BRANCO, Assistant Secretary CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On before me, BrittanyAceves, Notary Public Oleos insert name and title of tic officer personally appeared Bart Stewart vho proved to me on the basis of satisfactory evidence to be the person4s4 whose name is/aFe subscribed to the kvrithin instrument and acknowledged to me that he%I4e41aty executed the same in hi sl14t.+-414e2Hr authorized capacity( -it-+). and that by his/41-efAtaie-ir- signature($. on the instrument the person(s.). or the entity upon behaltof which the person(L}acted. executed the instrument. 1 certify under i'FNAI,TY Ol I'NR.IURY under the laws oldie State of California that the lorcgoing paragraph is true and correct. z (Notary Seal) BRITTANY ACEVES Commission No. 2 569 0 NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY ission `xztites October 7, 2017 AVI)I'I'IONAL OPTIONAL iNF'ORMATION INSI1'Rt iCIIONS FOR C'OMPL ;`i'ING 'r111S 1:()1-0,1 �I+n acAumtkismn'ni evanrleted ur t'ulibtnia nnrsa 1)1)0,ln thluge eractlr a.c t)[SCRiPTION O( It1L Al`hA('1II 1) t)OC°t'Nl1 '1T appears ahote in the Ju Judie Ac'tnnor n S 1rtnnY edematrlBrent uurst hr7 prrrpC'rh' cornple;crf WO cuhitheti to that r/ucruncnt [he mile e.leChtirni is i/ a d le'urxc'nt tv to he reCtilded nntvidr u/ l }tliJorrrrcr in .such /moaner'1 am nitern,N+re arkno;rledtmtent t"erhrrt7e os uxn he printed (hi such n r6,cumen1 so harp{ us the verbiage does ttul r'eyttire the nntarr h, rb, snmethrn,o I/O)! iv digger! Jar rt notun 7n ('nl forma (ie cc, hfrirtq the authorised cuper9h o/ 11rr .vigner) Mete.' hr'eG the dncrarn'ru can'ftdA- ! n' po,per rtalrnial uvu',811,,; and utter h 1111a hr n" 1/rc4hhic d. I I itic or description of attached (1r itle or description of attached document Number r c)I PaLfes Uocumari 1)afe (Additional infunna ul Mimed) CAPACITY CLAIMED BY Tl1E SIGNER L I Individual (s) LI Corporate Officer Li fl LL ("hide) Partner(s) ilitonte-in-Fact I rustee( s) ()tiler • State and (',runty info]analion must be the State and C'ounh vvMere the document signet(s) personally appeared belbre the notan public lot acknov lodgment. • Date of notarization must he the date that the signer(s) personally appeared 7)cbich must also he the same date the acknowledgment is completed • the notary public must print his or her name as it appears «"idiit hi, , commission folio lred by a conim.t and then your title (nular\ public). • print the name(::I of document signer(s) who personaly appear nt the time of notariratton • Indicate the sanest singular or plural forms by crossing, oft incorrect fonu (t c I{elsheftht.y, is ;fife ) or circling the correct forms 1allure to correctly indents tins information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible Impression must not cover test or liras If seal imp resslon smudges_ re -sea! if a sufficient area permits, vthem'se complete a different acknotisledgutent form • Signature of the notary public must match the signature on file with the office of the count' clerk Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document. number of pages and date. Indicate the capacity claimed by the signer If the claimed capacrta is a corporate officer, indicate the title (Lc CEO, Cr(), Secretary) • Securely attach this document to the sinned document 1G(3S Ve; sion CA FA c 12 10 07 800-871-4865 t cw! NotaryClasses coot Bond No. SDIF8U064!|O@ *Premium: Included in Performance Bond K0ORGANTOWER REPAIRS 8t CITY HALL REMODEL C|PNo. 14'O4 PAYMENTBOND WHEREAS, the City Council of the City of National City, by Resolution No. passed the 15th day of December, 2014 has awarded Fordyce Construction, Inc., hereinafter designated axthe "PMndpay" theK4ORGANTQVVERREPA|RS/&CITY HALL REMODEL, C1PNo. 14-O4. WHEREAS, said Principal is required bvChapter 5 (commencing at Section 3235) 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 International Fidelity Insurance Company as surety, are held and firmly bound unto the City Council of the City of National [ity, hereinafter called the "Council", in the penal sum of One Hundred Twenty Eight Thousand, Two Hundred Dollars and NoCents ($128,20Q.8Q)lawful money ofthe 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 OFTHIS OBLIGATION (SSUCH that ifsaid Principal, his/her orits subcontractors, heirs, executors, administrators, successors, orassigns, shall fall to pay any of the persons named in Section 3181 of the California Civil Cod*, 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, areasonable attorney'sfee, tobeflxmdbythe Court. T his Bond shall inure to the benefit oll'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. 2-12 h4ORGANTOWER REPAIRS & CITY HALL REMODEL CIPNo. 14'D4 It is further stipulated and agreed that the Surety on this bond shall not be exonerated orreleased from the obligation of this bond by any change, extension of time for performance, addition, afteration or modification in, to, or ofany contract, pians, 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 anychange or modification ofany ternns of payment or extension of the time for any payment pertaining or relating to any scheme or work ofimprovement heneinabove 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 ofall persons for whose benefit such bond |sgiven, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an orig"Inal thereof, have been duly executed by the Principal and Surety above named, on the l6th day of December 2014. Inc. \ EAL) ' »n, (SEAL) � Bart Stewart, Attomey-in-Fact (SEAL) Principal 2-l3 POWER OFATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint MOLLY CASHMAN, BART STEWART Encinitas, CA. their true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required orpermitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Executive Vice President or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Executive Vice President/Chief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the. Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set myhand affixed my Official Seal, at the City of Newark, New Jersey the day and year frst above written. A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov. 21, 2015 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this + 1V1 day of MARIA BRANCO, Assistant Secretary. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On personally appeared before me. Brittany Aceves, Notary Public Bart Stewart (I lore insert name and title °Rile officer) who proved to me on the basis of satisfactory evidence to be the person*&) whose name Es4 is/aFe subscribed to the within instrument and acknowledged to me that he/.1 Lt t@y executed the same in his414t4 l4e+r authorized capacity(ic )- and that by his/4erkake-it= signatureW on the instrument the persoI1 s4. or the entity upon behalf of which the person(}acted. executed the instrument. I certify under PFNAI,'TY OF PIiR.flJRY under the Taws of the State of California that the foregoing paragraph is true and correct. WI 'NI' S eDy Iha+d d oifttial seal. (Notary Scud) BRITTANY ACEVES Commission No. 2044569 n NOTARY PUBLIC - CALIFORNIA m SAN DIEGO COUNTY Commission Expires October 7, 2017 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING "f 1iIS FORM Inv acknou'led,emcnt enrnpleied irr i"alifornia avast contain verbiage rvcrclly as a/rpears above in the Whin' seclron OP rr sepurute nckrrrnrladkrttrrtl fin;n rosyl he prnprr,lr completed and attached to that doe I nren( '/7re oily exception is /1 a document i.c to he recorded mashie of ('uliforma lti .PLY'/t instance. any uhernunre acknonlerlgrrreni verbiage us near he printed on Audi o document an long crs i/o vcrNage doe's not regwre the notary to do someanng that is ille nl /,r a nonur in ('ethf n'nio Ire eenelf'it{g the au4horiced capacity of the .ci,11ner) Please Cheek, the docraneru rat e/ir//y 16,17,,,per natoriol +)anima rind uncurl; //H S' frr,m it rem/forge/. DI;SCRIP IR)N OF 1111: ATI ACIII3I) DOCUMENT ( Iltic or doscripiie)n Mod doctuncntl ("I itle or detiCI Lion of ❑daybed document continued ) Numher of Pages Document Date ink autation) CAPACITY CLAIMED BY THE SIGNER C 7 individual (s) I Corporate Officer I. tJ t. _1 f, ("Citle) Partner(s) Attorney -in -Fact Trustees) Other • • State and ('ounty inhumation must he the State and ('ounth where the document signer(s) personally appeared before the notary public for acknno:lodgment • Date of notarination must he the date that the sigrrer(s) lerscnialla appeared which must also he tilt. seams date the acknowledgment is completed • The notnq public must print his or her name as it appears Within h2, or her commission followed by a comma and then your title (notary public) • Print the nantc(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural limns by crossing oft incorrect firms (i c. heishelt-hey- is ,/me ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible Impression must not cruet test or lines If seal impression smudges. re -seal if a sufficient area permits, otherwise complete a different ac•knoydeclgment Ion • Signature of the notary public must match the signature on file With the office of the county clerk Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or t pe of attached document, number of pages and date Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (re CEO, CF), Secretary) • Securely attach this document to the signed document 2008 Version C'APA vI2.10.07 800-873-9865 'VWV NotaryClasses con) Morgan Towers and City Hall Remodeling Project CEP No, 14-04 EMERGENCY NOTIFICATION LIST In reference to Section 7-6 of the Standard Specifications my/our representatives at the construction site for the above subject project will be: On -site Project Superintendent: Kyle Crandall 619.820.7835 Name Cell number/Office number Other 24-hour available person with authority to order work: Amy Crandall 619.820.7831 Name Cell number/Office number Other 24-hour available person with authority to order work: Vince Crisci 619.820.9897 Name Cell number/Office number I am aware that one of the named representative(s) shall be present at the work site whenever work is in progress. Further, each of these responsible persons can be contacted in an emergency situation and have complete authority to act on the Contractor's behalf. Signature of Prime Contractor Signature of Prime Contractor Brian Fordyce, President Krista Fordyce, Secretary Print name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) ACC -PRE) OP ID: LR OATS (MM/DD/YYYY) ki,.......,- CERTIFICATE OF LIABILITY INSURANCE I 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 Alcott Insurance Agency, Inc. 3945 Idaho Street San Diego, CA 92104-2902 Kirk S. Jorgenson INSURED Fordyce Construction Inc Krista Fordyce 9932 Prospect Avenue #138 Santee, CA 92071-4378 COVERAGES CERTIFICATE NUMBER: 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 A-On-ISUBR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF POLICY EXP GENERAL LIABILITY (MMIDDlYYYY) (MMID DlYYYY) LIMITS A X COMMERCALGENERALLIABILITY X X BIS00012650-03 EACHCXCURRENCc 15 '1,000,000 03/09/2014 03/09/2015 DA SAGE r SFFEN PEu 1 CLAIMS -MADE X OCCUR PREMISES (Ea occurrence) S 100,000 X $1000 Per OCc Ded MED EXP (Any one person) $ 5,000 CONTACT NAME: Kirk Jorgenson PHONE _(A/C, No, Ext): 619-293-3800 FAX NeL619-293-3896 AL DMDARESS: kirk@alcottinsurance.com PRODUCER FORDY-1 CUSTOMER ID E: INSURER(S) AFFORDING COVERAGE NAIC # 12718 1- 124198 E D ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Inland Marine RC/Special Form GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X I JECT I LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS X UMBRELLA LIAB EXCESS LIAB X BAA55980121 INSURER A: Developers Surety & Indemnity INSURER B: American Fire & Casualty Co INSURER C : Topa Insurance Company INSURER D: Peerless Insurance Company INSURER E: California Insurance Company INSURER F 02/24/2014 02/24/2015 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000, 000 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (PER ACCIDENT) $ $ Comp Ded Coll Ded OCCUR CLAIMS -MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N IY, N/A XL6600481-04 46-881456-02-02 CBP8908211 03/09/2014 03/01/2014 03/09/2014 03/09/2015 03/01/2015 03/09/2015 Re: Morgan DESCRIPTION OF SRepaiLOCATIONS /&VEHICLES (Attach Hall RemRD odeld,tio RemarksanTowerltmore NutritionQuCenter 1415 NationnalvCityy, National Blvd, National CityCA g1CA0and 91950. Cityfofational National1Cityl243 and its employees, officers, agents, contract employees and design, project management, construction management and inspection consultants are hereby CERTIFICATE HOLDER EACH OCCURRENCE $ 50 S 50 4,000,000 AGGREGATE X WC STATU- TORY LIMITS E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE • POLICY LIMIT R/L Equip Ded 4,000,000 1,000,000 1,000,000 1,000,000 100,000 500 CITYOFN City of National City Attn: Stephen Manganiello 1243 National City Blvd. National City, CA 91950 CANCELLATION 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 © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CITYOFN INSURED'S NAME Fordyce Construction Inc FORDY-1 OP ID: LR added as additional insures but only as respects work done by, for, or on 1•ehalf of the named insures. This policy shall be considered primary insurance as respects any other valid and collectible insurance City of ational City may possess, including self -insured retention, City of ational City may possess, any any other insurance City of National City does possess shall be considered excess insurance only. This insurance shall act for each insured, and additional insured, as though a separate i•olicy had been written for each. This, however, will not act to increase he limit of liability of the insuring company. All and each additional insured shall have the right to select their own defense counsel. Thirty (30) days prior written notice of cancellation shall be given to the gency in the event of cancellation and/or reduction in coverage of any nature. Per blkt GL forms CG2038, CG2037 ID0020 Primary & Non - Contributory & CG2404 Waiver of Subrogation; Auto form CA8810 includes waiver of subrogation and WC waiver of subrogation WC 01 03 03 attached. PAGE 2 Date 12/17/2014 Fordyce Construction Inc COMMERCIAL AUTO Policy Number: BAA55980121 CA88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement COVERAGE INDEX SUBJECT CA 88 10 01 13 PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 J WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 20 SECTION II - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph AA. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization; © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2, EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee", 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic 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 earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added; SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or CA88100113 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "acc;ident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V - DEFINITIONS is amended by adding the following. 'Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we wit pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION ill - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 CA 88 10 01 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. 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 the 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. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. 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 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION lit - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you "auto" is stolen, we will pay, without application of a deductible, effects" stolen with the "auto." The insurance provided under this provision is excess over any other SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION HI - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION HI - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: B. CA 88 10 01 13 own and that up to $600 for "personal collectible insurance. © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic deli equipment that rece ives or transmits "auto" reproduction audio, visual o at the time s" sound, if the e r data signals whether covered use of the me of the "loss" and such equipment is is Permanently installed or not physical dame Power from the "auto's" electrical s quipment ;n the b9e coverages are desrgned tc ve ede" operated If the provided system, " in or upon the covered "loss" occurs solely for the covered ' "auto" and this e y to audio 'auto"; or equipment, then our obligation 'to visual or data electronic will be reduced by a $100 payfor, equipment or accessories used with obductiole, repair, return or replace damn 14. LOAN / LEASE GAP COVERAGEged or stolen property M•feetOINA.IN--- A. Paragraph C LIMIT OF INSURANCE of amended by adding the following: SECTION III -PHYSICAL DAMAGE COVERAGE is The most we will pay for a "total loss" to a covered one "accident" is the "auto" greater of the:owned by or leased to you in any =� 1. Balance due under the terms of the loan or lease to which the damaged covered "au " subject at the time of the "loss" -__ less the amount of: to is a. Overdue payments and financial penalties associated with those payments as of the of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use oa - normal wear and tear,r b c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas, B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V - DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. © 2013 Liberty Mutual Insurance V C,\\ s copyt\ghed mat_et\a\ 0f 1nsucance Sa \cae Ofi0ce, \nc.,wllh \<s penr\ss\on. C A U 0113 Page 5 of 7 15. GLASS REPAIR- WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTII3LES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. CA88100113 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V - DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. CA88100113 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 COMMERCIAL GENERAL LIABILITY CG20380413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. CG 20 38 0413 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or © Insurance Services Office, Inc., 2012 Page 1 of 2 b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or Page 2 of 2 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc.. 2012 CG 20 38 04 13 POLICY NUMBER: BIS00012650-03 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any Additional Insured Person or Organization if completed operations coverage is required by written contract; but only for commercial work started or completed during the policy period. "Residential work" is not covered. "Residential work" includes all residential housing, including but not limited to single family homes, apartments, condominiums, townhomes, dormitories, retirement and assisted living facilities. Any location of Additional Insured where work is performed by insured if completed operations coverage is required by written contract; but only for commercial work started or completed during the policy period. "Residential work" is not covered. "Residential work" includes all residential housing, including but not limited to single family homes, apartments, condominiums, townhomes, dormitories, retirement and assisted living facilities. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG20370413 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever Is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: BIS00012650-03 COMMERCIAL GENERAL LIABILITY ID 00 20 10 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations : Location(s) Of Covered Operations Any Additional Insured Person or Organization if required by written contract. Any location of Additional Insured if required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. We will consider this insurance to be primary to and non-contributory with the insurance issued directly to additional insured person(s) or organization(s) listed above in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above if: 1. Your contract specifically requires that we consider this insurance to be primary or primary and non- contributory; or 2. You request in writing before a loss that we consider this insurance to be primary or primary and non- contributory insurance. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: 1, All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing opera- tions for a principal as a part of the same project. ID00201011 Contains copyrighted materials of ISO Properties, Inc. with permission Page 1 of 1 0 POLICY NUMBER: BIS00012650-03 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY ADDITIONAL INSURED PERSON OR ORGANIZATION IF REQUIRED BY WRITTEN CONTRACT AT ANY LOCATION Information re.uired to com.lete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: 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. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 rJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 01 03 03 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: (x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium 1500 The premium charge for this endorsement shall be of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium Advance Premium This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 03/01/14 Policy No. 46-881456-02-02 Endorsement No. 10 Insured Fordyce Construction, Inc. PremiumS 1,500.00 Insurance Company California Insurance Company Countersigned by --------~ y~r'yOF Pd^&TlO��f ��/�`� ��'_-~.. " 100049 BUSINESS LICENSE CERTIFICATE 'URSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED 3US (DESCRIPTION GENERAL CONTRACTOR OuowEux*DoREGG 9932PR{}SPECT aUS/wESSNAMc �//m: MAILING ADDRESS NON TRANSFERABLE ^ ' A Date nfExpiration: ~~ FORDYCE --..~..". 9932PROSPECT AVE 5TE13B SANTEE'CA 92071-4378 '^m[m�� POST IN A CONSIIICUOU,�, PLACE ` 12/31/2014 Ulty Manager KEEP FOR YOUR REoOncx BUSINESS TAX RECBPT License No. 10004q o $50.00 G81180 %' 00 TOTAL $51.00 RESOLUTION NO. 2014-174 RESOLUTION OFTHE CITY COUNCIL OFTHE CITY 0FNATIONAL CITY AWARDING ACONTRACT TOFC)RDYCECONSTRUCTION, !NC.. |NTHE NOTTO'EXCEEOAMOUNT OF$128.20UTO COMPLETE ALL LINE ITEMS {}FWORK INCLUDED |NTHE BASE BID AND ALTERNATE BID ''A^FOR THE NATIONAL CITY KA{}RGANTOWER REPAIRS AND CITY HALL REMODEL PROJECT, AUTHORIZING A25Y6CONTINGENCY {NTHE AMOUNT C)F$32.O5O.00FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TOEXECUTE THEC{}NTRACT WHEREAS, National City's Morgan Tower Repairs and C'� Hall Remodel Pro�ect, C!P No. 14-04, consists ofthe replacement ofawalk-in refrigerator, replacement ofa roof -mounted HVAC Unit, and installation of a dishwasher roof utility fan at the George H. Waters Nutrition Center located et1415^[}"AvGnUR�and WHEREAS, the project 8|soproposesimprov9ments tothe second floor lobby 8t City Hall, which include the demolition ofthe wall separating the existing lobby from anacUoiOing office space, construction of new wall to expand the existing office sp8me, installation of^ glass window with pass through access, and construction ofonADAcompliant workspace; and WHEREAS, on September 19, 2014, the bid solicitation was advertised in local newspapers and posted on the City's website requesting pricing for base bid line items of work plus two alternate bid items; and \0VHEREAS. Alternate Bids "Aand ^B" are for different types of glass for the reception area window as part of the City Hall lobby remodel. The lowest responsive bidder shall be determined by comparing the sum of the base bid amounts with that of all alternate bids ofbidders deemed toberesponsive inall other aspects. WHEREAS, 8OQ8 Construction was the apparent |ovv bidder with a total bid amount (Base Bid plus Alternate Bids ^A" and ^B^) of $120.870.00. After reviewing SO&B Construction's bid proposal, their bid was deemed "non -responsive" since a unit price was not provided for Alternate Bid ''A^; and WHEREAS, Fordyce Construction, |no..was the second apparent low bidder with a total bid amount of 1$130,700; and VVHEREAS, upon review of all documents submitted and reference nhenks. Fordyce Construction's bid is responsive, and they are the lowest responsible bidder qualified to complete all line items of work inc|udad in the base bid and Alternate Bid ^A" for the Morgan Tower Repairs and City Hall Remodel Project; and WHEREAS, a2596contingency amount upto$33.O5Ofor any unforeseen changes tothe Project iorequested. NOW, THEREFORE, BEIT RESOLVED that the City Council of the City of National City hereby awards the contract for the Morgan Tower Repairs and City Hall Remodel FORDYCE CONSTRUCTION, INC. Resolution No. 2014-174 Page Two BE|TFURTHER RESOLVED by the City Council of the City ofNational (' �that the Mayor iohereby 8uthoriz� 8d�o8x8cu��onb8haofth8Cityacontnac1�nth8annount $12O.2OOwith Fordyce Construction, |nC..for the Morgan TowerRepairs and City Hall Remodel Project. Said contract is on file in the office of the City Clerk. BE!TFURTHER RESOLVED that the City Council hereby authorizes a25% contingency amount up0o$32.O5Ofor unforeseen changes hothe Project. PASSED and ADOPTED this 10mday Vf[}eoH b O ATTEST: MichaelDalla C4 , Ron Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on December 16, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ttlif / - City Clerk of the City of/National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-174 of the City of National City, California, passed and adopted by the Council of said City on December 16, 2014. City Clerk of the City of National City, California By: Deputy CITY OF NATIO AL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 16, 2014 AGENDA ITEM NO, 13 ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Fordyce Construction, Inc. in the not -to -exceed amount of $128,200.00 to complete all line items of work included in the base bid and Alternate Bid "A" for the National City Morgan Tower Repairs and City Hall Remodel Project, CIP No. 14-04, 2) authorizing a 25% contingency in the amount of $32,050.00 for any unforeseen changes, and 3) authorizing the Mayor to execute the contract PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. 001-409-500-598-1599 (Nutrition Center Improvements): $89,700 001-409-500-598-1179 (Civic Center Improvements): $38,500 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: TAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A 1 ATTACHMENTS: 1. Explanation [2. Bid Opening Summary 3. Two Lowest Bidders Summary 4. Resolution APPROVED: Finance APPROVED: MIS EXPLANATION NoboDo| CbV's K8oroonTovverReoo/ro and City Hall Remodel Project, C|P No. 14-04. consists of the replacement ofowalk-in refrigerator, replacement oforoof-mounted HVACUnit, and installation of o dishwasher roof utility fan at the George H. VVoteno Nutrition Center located at 1415 ^O^Avenue. The project also proposes improvements to the second floor lobby at City Hall, which include the demolition of the vvoU separating the existing lobby from on adjoining office space, construction [fa new wall to expand the existing office epoce, installation of glass window with pass through access, and construction of an ADA compliant workspace. On September 19' 2014. the bid solicitation was advertised in local newspapers and posted on the Chva vvabeita. The bid solicitation requested pricing for base bid line ihenna of work plus two alternate bid items. Alternate Bids 'A" and ^B^ are for different types of g|oaa for the reception area vv|ndovv as port of the City Hm|| lobby remodel. The lowest responsive bidder shall be determined by comparing the aunn of the base bid amounts with that of all alternate bids of bidders deemed toberesponsive inall other aspects. On CJctober2S. 2014. two (2) sealed bids were received by the 3:00 p.m. demd|ine, opened and pub|ioaUy disclosed. S[)&B Construction was the apparent 1ovv bidder with atota| bid amount (Base Bid plus Alternate Bids 'Y\^ and ^B^) of $128.870.00. /#tar reviewing SD&8 Construction's bid proposal, their bid was deemed "non -responsive" since a unit price was not provided for Alternate Bid "A". Fordyce Construction. Inc. was the second apparent kw bidder with a total bid amount of $130.700.00. Upon review of all documents submitted and reference checks, Fordyce Construction's bid is reaponaive, and they are the lowest responsible bidder qualified to perform the work oadescribed inthe project mpecificationo. Attached are the bid opening results and a bid summary of the two lowest bidders for your Staff recommends awarding the contract to Fordyce Construction, Inc. in the amount of $128.200.00 to complete all line items of work included /n the base bid and Alternate Bid ^A". Given the fact that this is o building retrofit project, staff also naconnnlenda approval of a 25Y6contingency /nthe amount {f $32.O5O.ODfor any unforeseen changes. BID OPENING CIP No: 14-04 Project TITLE: MORGAN TOWER REPAIR & CITY HALL REMODELING DATE: October 29, 2014 TIME: 3:00 P.M. ESTIMATE: $155,000 Base Bid plus Alternative Bid Items PROJECT ENGINEER: Kuna Muthusamy, P.E. NO. BIDDER'S NAME (PAGE 1-9) BID AMOUNT (PAGE 1-9) ADDENDA (PAGE 1-1) BID SECURITY CH CK1-12 - (PAGE 1-13 (BOND) 1. Fordyce Construction, Inc. 9932 Prospect Avenue, #138 Santee, CA 92071 $130,700 1,2 Bond 2. SD&B Construction, Inc. 1313 Simpson Way, Suite K Escondido, CA 92029 $126,870 (Non -Responsive) 1,2 Bond Morgan Tower Repairs and City Hall Remodel, CIP No. 14-04 Fordyce Construction, Inc. SD&B Construction Inc. (NON - RESPONSIVE) BASE BID Item No. Description Unit • Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 1 Mobilization/Demobilization LS ,400.00 $ 1,400.00 $ 9,694.00 $ 9,694.00 2 Replacement of walk-in refrigerator at Morgan Nutrition Center LS 1 $ 52,000.00 $ 52,000.00 $ 43,142.00 $ 43,142.00 3 Replacement of roof -mounted HVAC Unit at Morgan Nutrition Center LS 1 $ 21,000.00 $ 21,000.00 $ 32,177.00 $ 32,177.00 4 Provide and install dishwasher roof utility fan for Morgan Nutrition Center LS 1 $ 8,500.00 $ 8,500.00 $ 10,948.00 $ 10,948.00 5 City Hall lobby improvements LS 1 $ 38,500.00 $ 38,500.00 $ 23,123.00 $ 23,123.00 6 Field Orders LS 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 7 Permit Fees LS 1 $ 300.00 $ 300.00. $ 300.00 $ 300.00 Base Bid Total $ 126,700.00 Base Bid Total $ 124,384.00 ALTERNATE BID Item No. Description Unit Qty. Unit Price Extension Unit Price Extension (Quantity x Unit Price) (Quantity x Unit Price) A 9/16" laminate - 1/4" clear glass for lobby reception LF 1 $ 1,500.00 $ 1,500.00 N/A N/A B 3/4" Armor Protect 11200 laminate by Old Castle for lobby reception LS 1 $ 2,500.00 $ 2,500.00 $ 2,486.00 $ 2,486.00 Alternate Bid Total $ 4,000.00 Alternate Bid Total $ 2,486.00 Base Bid & Alternate Bid Total $ 13(},70000 Base Bid & Alternate Bid Total $ 126,870.00 TOTALS CALCULATED BY BIDDERS: 130,700.00 126,870.00 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING ACONTRACT TOF{}RDYCECONSTRUCTION, |NC.. |NTHE N{}T'T{}-EXCEEOAMOUNT {}F$128.2OOT{}COMPLETE ALL LINE ITEMS {}FWORK INCLUDED |NTHE BASE BID AND ALTERNATE BID ^A''FOR THE NATIONAL CITY M{}RGANTOWER REPAIRS AND CITY HALL REMODEL PROJECT, AUTHORIZING A25Y6CONTINGENCY |NTHE AMOUNT {}F$32.O5O.00FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR T{}EXECUTE THE CONTRACT WHEREAS, National Citv'oMorgan Tower Repairs and CitvHall Remodel Project, C(P No. 14-04, consists of the replacement of a walk-in refrigerator, ' nap|amannent of a roof -mounted HVAC Unit. and installation of dishwasher roof utility fan at the George H. VV8tena Nutrition Center located at 1415^D^Avenue; and WHEREAS, the project a|aopropoaeaimprovennentoto1heaeoondf|oor|obbyat City H8U, which include the demolition Ofthe wall separating the existing lobby from an adjoining office space, construction ofanevvvva||toexpand the existing o�ioospace, inotaUationof g|8SS window with p8SS through aooeSS. and construction Of an AOA compliant workspace; and WHEREAS, on September 19. 2014, the bid solicitation was advertised in local newspapers and posted on the City'ovveboite requesting pricing for base bid line items of work plus two alternate bid items; and WHEREAG, Alternate Bids "Aand ^B^ are for different types ofglass for the reception area window as part of the City Hall lobby remodel. The lowest responsive bidder shall be determined by comparing the Sunn of the base bid amounts with that of all alternate bids ofbidders deemed toberesponsive inall other aspects. WHEREAS, SO&B Construction was the apparent low bidder with a total bid amount (Base Bid plus Alternate Bids ''A' and ''B'') of$120.87O.00. After reviewing SD&B COnStructiOn'Sbidpn]pOS8|.theirbidvv8Sdeenned"nOn-reapOnSive^Sinoeounitphcevv8Sn{t provided for Alternate Bid ''A^; and VVHEREAS, Fordyce Construction, Inc., was the second apparent |ovv bidder with 8total bid amount [f $130'700;and VVHEF|EAS, upon review ofall documents submitted and reference checks, Fordyce Construction's bid is naoponoive, and they are the lowest responsible bidder qualified to complete all line items of work included in the base bid and Alternate Bid ''A^ for the Morgan Tower Repairs and City Hall Remodel Project; and WHEREAS, a2596contingency amount upto$32.O5Ofor any unforeseen changes tothe Project iorequested. NOW, THEREFORE, BE|TRESOLVED that the City Council cfthe []1vof National City hereby avvandothe contract for the �WorganTovverRepairs and City Hall ' Remodel Project tothe |OvveSt neSpOnaive, responsible bidder. to wit: FORDYCE CONSTRUCTION, INC. Resolution No. 2014— Page Two BE|TFURTHER RESOLVED bvthe City Council ofUleCh»�"o[National City thatthe Mayor is hereby authorized to execute On behalf of the City e contract in theemOun1 of $12O.200with Fordyce Construction, |no.,for the Morgan Tower Repairs and City Hall 'emOde|Project. Said oOn1naCt is On file in the Offio8 Of the City Clerk. BE|TFURTHER RESOLVED that the ChvCounoi|hanahveuthor�eao25Y6 contingency ornOuntuphO$32'050for unforeseen changes ' -' ea1Othe Project. PASSED and ADOPTED this 1Omday ofDecember, 2014 Ron Morrison, Mayor ATTEST: Michael R. OeUe, City Clerk APPROVED AS TO FORM: Claudia GeoitueSilva CITY OFNATIONAL CITY Office ofthe City Clerk l243National City 8|vd,National City, California 9l95O 6l9'336-4228phone /6l9']]6-4229fax Michael R.DaU4CK4C City Clerk FORDYCE CONSTRUCTION Morgan Tower Repairs and City Hall Remodel Project Judy Hernandez (Engineehn8)Forwarded Copy of Contract tuFordyce Construction