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HomeMy WebLinkAbout2015 CON Kinsman Construction - Police Department Building Improvements, CIP No. 15-06OWNER - CONTRACTOR AGREEMENT POLICE DEPARTMENT BUILDING IMPROVEMENTS, CIP NO. 15-06 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City ("Owner"), 1243 National City Boulevard, National City, California 91950 and Kinsman Construction, Inc. ("Contractor"), 6711 Nancy Ridge Drive, San Diego, CA 92121, on the 15th day of September, 2015, 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. 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. 6. 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 I 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 shall 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. 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. 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. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. 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 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 ection 15, above: (Initial) V(Iitial) 14. 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. Contractor: Mayor, City of National City (owner/officer sign ure) City Michael Stephenson, Vice President Print name and title of National (Second officer signature if a corporation) Craig Kinsman, President Print p . - n. title ntr. ' o cense No. 55119 State Contractor's License No. and Class 6711 Nancy Ridge Drive Business street address San Diego, CA 92121 City, State and Zip Code EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) 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 of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) Bid Results for Project Police Department Building Improvements (CIP No. 15-06) Kinsman Construction INC Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Base Bid 1 Mobilization LS 1 $25,000.00 $25,000.00 2 Police Department Evidence Room and Electrical Systems Upgrades LS 1 $539,995.00 $539,995.00 3 Field Orders AL 1 $10,000.00 $10,000.00 Subtotal $574,995.00 Additive Bid 1 4 Mobilization LS 1 $6,554.00 $6,554.00 5 Police Department Data/ServerRoom HVAC LS 1 $59,848.00 $59,848.00 Subtotal $66,402.00 Additive Bid 2 6 Mobilization LS 1 $6,554.00 $6,554.00 7 Police Department Data/Server Room Fire Suppression System LS 1 $59,845.00 $59,845.00 Subtotal $66,399.00 Additive Bid 3 8 Mobilization LS 1 $2,527.00 $2,527.00 9 City Hall Data/Server Room Fire Supression System LS 1 $23,085.00 $23,085.00 Subtotal $25,612.00 Additive Bid 4 10 Hydrophobic Polyurethane Grout - Curtain lnjection LS 1 $22,471.00 $22,471.00 Subtotal $22,471.00 Addtive Bid 5 11 Planter Lighting Electrical Work LS 1 $12,584.00 $12,584.00 Subtotal $12,584.00 Total $768,463.00 CORPORATE CERTIFICATE I, Janet Reynolds certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Michael Stephenson , who signed said contract on behalf of the Contractor, was then Vice 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. I, Janet Reynolds certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Craig Kinsman 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. Corporate Seal: Executed In Triplicate PAYMENT BOND Bond Number: 5203502 Premium: Included WHEREAS, the City Council of the City of National City, by Resolution No. 139, passed the 15th day of September, 2015 has awarded Kinsman Construction, Inc., hereinafter designated as the "Principal", the POLICE DEPARTMENT BUILDING IMPROVEMENTS, CIP No. 15-06. 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 SureTec 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 Seven Hundred Sixty Eight Thousand, Four Hundred Sixty Three Dollars ($768,463) 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 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. 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 shail 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 original thereof, have been duly executed by the Principal and Surety above named, on the 25th day of September , 2015. SureTec Insurance Company (SEAL) (SEAL) Audrey Rodriguez, Attorney -In -Fact (SEAL) Surety Kinsman Construction, Inc. Bv: (SEAL) V t Pita P(SEAL) Principal (SEAL) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) California required wording. ) ss COUNTY OF See attached notary acknowledgment with On this day of , 2015, 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: ATTACH ALL BONDS ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Diego } On September 25, 2015 before me, B. Lafrenz, Notary Public (Here insert name and title of the officer) personally appeared Audrey Rodriguez who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. r Notary Public ' nature ♦ ♦ ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknohvedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /are ) 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 cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • 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 type 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 (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. 8. LAFRENZ Commission # 2014382 a-•u�®); Notary Public - California z San Diego County My Comm. Expires Mar 24, 2017 (Notary Public Seal) DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) O Corporate Officer (Title) O Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 POA#: 510143 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Larry D. Cogdill, Michael W. Thomas, Brooke Lafrenz, Gladys Rogers, Audrey Rodriguez its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/2016 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20h of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 2l st day of March, A.D. 2013. ,si III numnuN SURANCF,� w trW�= On By: State of Texas ss: 7�+. 5 ' e' ' County of Harris / * " ....me, On this 21 st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACOUELYN MALDONADO Notary Public State of Texas My Comm. Exp. 5/18/2017 SURETEC INSURANCE COMPANY `II JacgYielyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. 25TH Given under my hand and the seal of said Company at Houston, Texas this day of SEPTEMBER 2015 . Bre t Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. , A.D. Executed In Triplicate Bond Number: 5203502 Premium: $11,185.00 PERFORMANCE BOND Premium is for contract term and subject to adjustment based on final contract price. WHEREAS, the City Council of the City of National City, by Resolution No. 139, passed the 151h day of September, 2015 has awarded to Kinsman Construction, Inc., hereinafter designated as the "Principal", the POLICE DEPARTMENT BUILDING IMPROVEMENTS, CIP No. 15-06. 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 SureTec 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 Seven Hundred Sixty Eight Thousand, Four Hundred Sixty Three Dollars ($768,463) 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 ail 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. 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 2015. Principal and Surety above named, on the 25th day of September SureTec Insurance Company (SEAL) By 4 (SEAL) By: Audrey Rodriguez, Attorney -In -Fact (SEAL) Kinsman Construction, Inc. Surety v i U , otAAA - Principal (SEAL) (SEAL) (SEAL) PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF See attached notary acknowledgment with ss California required wording. On this day of , 2015, 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: ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Diego } On September 25, 2015 before me, B. Lafrenz, Notary Public (Here insert name and title of the officer) personally appeared Audrey Rodriguez who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. Notary Public Si nature ADDITIONAL OPTIONAL INFORMATION �� San Diego County My Comm. Expires Mar 24, 2017 4464641 Commission ;4` 2014382 Notary Public - California z (Notary Public Seal) DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) O Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and. if needed, should be completed and attached 10 the document. Acknolwedgentsfrom other states may be completed for documents being sent to that state so long as the wording does not require the California notaly to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they is /are ) 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 cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • 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 type 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 (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. POA #: 510143 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Larry D. Cogdill, Michael W. Thomas, Brooke Lafrenz, Gladys Rogers, Audrey Rodriguez its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/2016 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its c rporate seal to be hereto affixed this 21st day of March, A.D. 2013. ya mWIIIIiJWAU0 n,o.. w w�`� D John 4ox Jr. 'resident Q / � State of Texas ss: ?� ,� ;z= County of Harris WMIIININIYIYnn�m" On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which execu ed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed b order of the Board of Directors of said Company; and that he signed his name thereto by like order. SURETEC INSURANCE COMPANY JACQUELYN MALDONADO Notary Public State of Texas My Comm. Exp. 5/18/2017 \AI Jacgtielyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. 25TH SEPTEMBER 2015 A.D. Given under my hand and the seal of said Company at Houston, Texas this day of Bredt Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. KINSMAI OP ID: C1 ,a�o>'rc�~ CERTIFICATE OF LIABILITY INSURANCE DATE29/20151 0912912015 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($), 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 IIeu of such endorsement(s). PRODUCER Wateridge Insurance Services 10717 Sorrento Valley Rd. San Diego, CA 92121 Jill S. Tucker CONTACT DANILA MARTINEZ, MBA, CISR PNAME: HONE FAx LAIC No, E:t): 858-200-3084 (NC, NO$58-200-3065 ADDRESS: DMARTINEZQWATERIDGE.COM INSURER(S) AFFORDING COVERAGE NAIC f NSURER A : Assoc iated Industries Ins Co 23140 INSURED Kinsman Construction, Inc. 6711 Nancy Ridge Drive San Diego, CA 92121 INSURER B: Liberty Mutual Insurance Co 23043 INSURER c:National Union Fire Ins Co of 19445 INSURER D:Old Republic General Ins. Corp 24139 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY PERIOD TO WHICH THIS ALL THE TERMS, INSR TYPE OF INSURANCE I A SR yJ WVDPOLICY NUMBER -EFF (MMlDD1YYYY) POLICY EXP (MMIDDIYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X X AES102038704 02/01/2015 02/01/2016 EACH OCCURRENCE $ 1,000,000 pREMISESO(Ea ooccErDrence) f 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) EXCLUDED X $2,500 Deductible PERSONAL & ADV INJURY 16 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEM_ AGGREGATE 7 POLICY X LIMIT APPLIES JEaT PER: LOC PRODUCTS - COMP/OP AGG S 2,000,000 B AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED X SCHEDULED X X BAS56368833 02/01/2015 02/01/2016 COMBINED d1SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) BODILY INJURY(Per accident) PROPERTY DAMAGE (PER ACCIDENT) C X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE 13E016827097 02/01/2015 02/01/2016 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENTION $ 0 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY OFFICEOPRIETEREXCNUDEDECUTVE (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N!A X A1CW36431509 USL&H INCLUDED 02/01/2015 02/01/2016 X WC STATU- TORY LIMITS OTH- ER EL EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E L DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: POLICE DEPARTMENT BUILDING IMPROVEMENTS, CIP NO. 15-06. * SEE ATTACHED NOTES FOR ADDITIONAL INSUREDS, WAIVERS AND ENDORSEMENTS.* CERTIFICATE HOLDER 1 CALIFOR CALIFORNIA NATIONAL CITY ENGINEERING DEPARTMENT 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 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 NOTEPAD: HOLDER CODE CALIFOR INSURED'S NAME Kinsman Construction, Inc. KINSMAI OP ID: C1 CALIFORNIA NATIONAL CITY ENGINEERING DEPARTMENT, CITY OF NATIONAL CITY AND ITS ELECTED OFFICIALS,OFFICER, EMPLOYEES, AGENTS, REPRESENTATIVES, CONSULTANTS, CONTRACT EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSUREDS WITH RESPECT OT GENERAL/AUTO LIABILITY PER ATTACHED -PRIMARY, PER PROJECT AGGREGATE APPLIES, GL/AUTO AND WC WAIVERS APPLY. POLICY NUMBER: AES102038704 COMMERCIAL GENERAL LIABILITY CG20101001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: All persons or organizations where required by written contract with the Named Insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations per- tormed tor that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added_ 2. Exclusions This insurance does not apply to "bodily inju- ry" 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 pertormed by or on behalf of the addi- tional insured(s) at the site of the cov- ered 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 con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 POLICY NUMBER: AES102038704 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: All persons or organizations where required by written contract with the Named Insured. Information required to complete 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. CG24040509 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ POLICY NUMBER: AES102038704 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD -PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES102038704 COMMERCIAL GENERAL LIABILITY NX GL 093 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUhY. AMENDMENT - AGGREGATE LIMITS OF INSURAN E (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule Subject to an Overall Policy Aggregate Limit: $ 5,000,000 (Information required to complete this Schedule, if not shown above, will be shown in Declarations.) A. Paragraphs 2. and 3. of SECTION III — LIMITS OF INSURANCE are replaced by the following: 2. The Overall Policy Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A f damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" to each of your projects away from premises owned by or rented to you. B. The following is added to SECTION III — LIMITS OF INSURANCE: r 8. Subject to Paragraph 2. and 3. above, the General Aggregate Limit is the most we will pay under for the sum Coverage A, Coverage B, or Coverage C to each of your projects away from premises owned by or rented to you. NX GL 093 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE 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. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is $0,00 Named Insured KINSMAN CONSTRUCTION, INC. Policy Number A1CW36431509 Endorsement No. 000 Policy Period 02/01/15 TO 02/01/16 Endorsement Effective Date: 02/01/15 Producer's Name: OLD REPUBLIC CONSTRUCTION INSURANCE AGENCY, INC. Producer Number: 0000007000 AUTHORIZED REPRESENTATIVE DATE WC 99 03 15 (09/06) RESOLUTION 2015 — 139 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO KINSMAN CONSTRUCTION, INC., FOR THE NOT -TO -EXCEED AMOUNT OF $768,463.00 FOR THE POLICE DEPARTMENT BUILDING IMPROVEMENTS, AUTHORIZING A 25% CONTINGENCY IN THE AMOUNT OF $192,115.75 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on August 20, 2015, the Engineering Department publicly opened, examined, and declared four (4) sealed bids for the Police Department Building Improvements Project, which includes electrical and mechanical upgrades to support expansion of the Police Department Property and Evidence Room, ADA upgrades, fire suppression system upgrades to both the Police Department server room and City Hall server room, HVAC upgrades to the Police Department sever room, and waterproofing; and WHEREAS, Kinsman Construction, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $768,463.00; and WHEREAS, a 25% contingency amount up to $192,115.75 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 Police Department Building Improvements Project to the lowest responsive, responsible bidder, to wit: KINSMAN CONSTRUCTION, 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 768,463.00 with Kinsman Construction, Inc., for the Police Department Building Improvements Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 25% contingency amount up to $192,115.75 for unforeseen changes to the Project. PASSED and ADOPTED this 15th day of September, 2015. on Morrison, Mayor ATTEST: ' PROVED TO FO Mich el R. Dalla, City Ierk audia acituSilva City Attorne Passed and adopted by the Council of the City of National City, California, on September 15, 2015 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 n JAI City CIrk of the City of tional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-139 of the City of National City, California, passed and adopted by the Council of said City on September 15, 2015. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. 11 ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Kinsman Construction, Inc. in the not -to -exceed amount of $768,463.00 for the Police Department Building Improvements, CIP No. 15-06; 2) authorizing a 25% contingency in the amount of $192,115.75 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Jose Lopez, Civil Engineering Tech PHONE: (619) 336-4312 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works =INANCIAL STATEMENT: APPROVED: Lie ACCOUNT NO. APPROVED: 001-409-500-598-1181 (Police Dept. Building Improvements): $493,463.00 131-409-500-598-1181 (Police Dept. Building Improvements): $175,000.00 325-409-500-598-1181 (Police DIF): $35,000.00 629-409-500-598-8034 (Civic Center Server Room Fire Suppression): $15,000.00 629-409-500-598-8035 (Police Dept. Server Room Fire Suppression): $50,000.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution --AzYkAiN100 V1o. aa%S- V3q EXPLANATION The Police Department Building Improvements Project, CIP No. 15-06, includes electrical and mechanical upgrades to support expansion of the Police Department Property and Evidence Room, ADA upgrades, fire suppression system upgrades to both the Police Department server room and City Hall server room, HVAC upgrades to the Police Department sever room, and waterproofing. On July 16, 2015, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On July 17, 2015 and July 21, 2015, the bid solicitation was advertised in local newspapers. On August 20, 2015, four (4) bids were received electronically on PlanetBids by the 3:00 p.m. deadline. Bid results were available immediately after the 3:00 p.m. deadline. Kinsman Construction, Inc. was the apparent lowest bidder with a total bid amount of $768,463.00 as the basis of bid award. Upon review of all documents submitted and reference checks, Kinsman Construction, Inc.'s bid was found to be responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Staff recommends awarding a contract to Kinsman Construction, Inc. in the not -to - exceed amount of $768,463.00 for the Police Department Building Improvements, CIP No. 15-06, and authorizing a 25% contingency in the amount of $192,115.75 for unforeseen changes that may arise. NAME: CIP NO: DATE: TIME: GA14FOR.NIA '- INCORPORATED - BID OPENING RESULTS POLICE DEPARTMENT BUILDING IMPROVEMENTS 15-06 Thursday, August 20, 2015 3:00 P.M. ESTIMATE: $1,250,000.00 PROJECT ENGINEER: Kuna Muthusamy, P.E. NO. BIDDER'S NAME BID AMOUNT ADDENDA Add. #1, 2, 3, 4, 5 BID SECURITY -CHECK - BOND 1. Kinsman Construction, Inc. 6711 Nancy Ridge Drive San Diego, CA 92121 $ 768,463.00 Yes Bond 2. Soltek Pacific Construction Company 2424 Congress Street San Diego, CA 92110 $ 812,360.00 Yes Bond 3. M.A. Stevens Construction, Inc. 125 E. 17th Street National City, CA 91950 $1,169,129.61 Yes Bond 4. Fordyce Construction, Inc. 9932 Prospect Ave #138 Santee, CA 92071 $1,216,304.00 Yes Bond Bid Results for Project Police Department Building Improvements (CIP No. 15-06) Kinsman Construction INC Soltek Pacific Construction M.A. Stevens Construction, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Base Bid 1 Mobilization LS 1 $25,000.00 $25,000.00 $75,000.00 $75,000.00 $175,216.26 $175,216.26 2 Police Department Evidence Room and Electrical Systems Upgrades LS 1 $539,995.00 $539,995.00 $536,603.00 $536,603.00 $841,255.35 $841,255.35 3 Field Orders AL 1 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 Subtotal $574,995.00 $621,603.00 $1,026,471.61 Additive Bid 1 4 Mobilization LS 1 $6,554.00 $6,554.00 $1.00 $1.00 $1,000.00 $1,000.00 5 Police Department Data/ServerRoom HVAC LS 1 $59,848.00 $59,848.00 $95,252.00 $95,252.00 $81,225.00 $81,225.00 Subtotal $66,402.00 $95,253.00 $82,225.00 Additive Bid 2 6 Mobilization LS 1 $6,554.00 $6,554.00 $1.00 $1.00 $1,000.00 $1,000.00 7 Police Department Data/Server Room Fire Suppression System LS 1 $59,845.00 $59,845.00 $51,272.00 $51,272.00 $10,766.00 $10,766.00 Subtotal $66,399.00 $51,273.00 $11,766.00 Additive Bid 3 8 Mobilization LS 1 $2,527.00 $2,527.00 $1.00 $1.00 $1,000.00 $1,000.00 9 City Hall Data/Server Room Fire Supression System LS 1 $23,085.00 $23,085.00 $26,750.00 $26,750.00 $24,817.00 $24,817.00 Subtotal $25,612.00 $26,751.00 $25,817.00 Additive Bid 4 10 Hydrophobic Polyurethane Grout - Curtain lnjection LS 1 $22,471.00 $22,471.00 $14,980.00 $14,980.00 $11,650.00 $11,650.00 Subtotal $22,471.00 $14,980.00 $11,650.00 Addtive Bid 5 11 Planter Lighting Electrical Work LS 1 $12,584.00 $12,584.00 $2,500.00 $2,500.00 $11,200.00 $11,200.00 Subtotal $12,584.00 $2,500.00 $11,200.00 Total $768,463.00 $812,360.00 $1,169,129.61 RESOLUTION 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO KINSMAN CONSTRUCTION, INC., FOR THE NOT -TO -EXCEED AMOUNT OF $768,463.00 FOR THE POLICE DEPARTMENT BUILDING IMPROVEMENTS, AUTHORIZING A 25% CONTINGENCY IN THE AMOUNT OF $192,115.75 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on August 20, 2015, the Engineering Department publicly opened, examined, and declared four (4) sealed bids for the Police Department Building Improvements Project, which includes electrical and mechanical upgrades to support expansion of the Police Department Property and Evidence Room, ADA upgrades, fire suppression system upgrades to both the Police Department server room and City Hall server room, HVAC upgrades to the Police Department sever room, and waterproofing; and WHEREAS, Kinsman Construction, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $768,463.00; and WHEREAS, a 25% contingency amount up to $192,115.75 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 Police Department Building Improvements Project to the lowest responsive, responsible bidder, to wit: KINSMAN CONSTRUCTION, 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 768,463.00 with Kinsman Construction, Inc., for the Police Department Building Improvements Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 25% contingency amount up to $192,115.75 for unforeseen changes to the Project. PASSED and ADOPTED this 15th day of September, 2015. 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 October 12, 2015 Mr. Craig Kinsman Kinsman Construction, Inc. 6711 Nancy Ridge Drive San Diego, CA 92121 Dear Mr Kinsman, On September l5th, 2015, Resolution Council of the City of National City, Construction, Inc. We are enclosing for your records a executed original Contract. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering / Public Works No. 2015-139 was passed and adopted by the City authorizing execution of a Contract with Kinsman certified copy of the above Resolution and a fully