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Home My WebLink About2016 CON Fordyce Construction - Las Palmas Pool / Camacho Gym / Fire Station 31 improvement Project SP 16-02OWNER - CONTRACTOR AGREEMENT LAS PALMAS PARK MUNICIPAL POOL/CAMACHO GYM/FIRE STATION 31 IMPROVEMENTS PROJECT, CIP NO. 16-02 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Fordyce Construction, Inc. ("Contractor"), 9932 Prospect Avenue, #138 Santee, CA 92071 on the 15th day of March, 2016, 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 Section 15, above: (Initial) 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. Owner: aayor, City of National City Contractor: FORDYCE ONSTRUCT!ON, INC. (Owner/Officer signature) Ili�v) d' fCe) fed ri Print name and title of National (Second officer signatu a if a corpo tion) Kir��a Faci\irt,_Serielavtj Print name and title Contractor's City Business License No. (og'9 X415 State Contractor's License No. and Class cc 12R rc .e;1a8' Business street address 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, SANDAL, 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 Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project (CIP No. 16-02) Issued on 02/04/2016 Bid Due on March 1, 2016 1:00 PM (Pacific) Exported on 03/01/2016 VendoriL Company Name Address 2 City State ZipCode Country 351124 Fordyce Construction, Inc. Santee CA 92071 United States Line Items Item No. Section Description Unit Qty. Unit Price Line Total 1 Base Bid -Las Palmas Pool and Camacho Gym Mobilization/Demobilzation for Las Palmas Pool and Camacho Gym LS 1 $5,000.00 $5,000.00 2 Base Bid -Las Palmas Pool and Camacho Gym Remove and Replace 2"x 8" Facia on East side of shower building LF 235 $21.00 $4,935.00 3 Base Bid -Las Palmas Pool and Camacho Gym Replace flashing at easterly eave at fascia replacement and repair roof and connection to flashing LF 235 $43.00 $10,105.00 4 Base Bid -Las Palmas Pool and Camacho Gym Remove and replace deficient 1"x6" T&G eave SF 265 $18.50 $4,902.50 5 Base Bid -Las Palmas Pool and Camacho Gym Paint fascia and eave of easterly side of administrative/shower building LS 1 $11,200.00 $11,200.00 6 Base Bid -Las Palmas Pool and Camacho Gym Repair rafters on easterly side administrative/shower building EA 10 $110.00 $1,100.00 7 Base Bid -Las Palmas Pool and Camacho Gym Replace gas pipe in pool equipment (acid) room LF 20 $60.00 $1,200.00 8 Base Bid -Las Palmas Pool and Camacho Gym Provide and install new power ventilator in pool equipment room LS 1 $7,000.00 $7,000.00 9 Base Bid -Las Palmas Pool and Camacho Gym Remove and Replace pool overhead flood lights EA 15 $2,200.00 $33,000.00 10 Base Bid -Las Palmas Pool and Camacho Gym Remove and replace pool security lights EA 5 $2,500.00 $12,500.00 11 Base Bid -Las Palmas Pool and Camacho Gym Repair doors at Camacho Gym EA 3 $1,000.00 $3,000.00 12 Base Bid -Las Palmas Pool and Camacho Gym Refinish/restripe Camacho Gym wood floor SF 7335 $3.50 $25,672.50 13 Base Bid -Las Palmas Pool and Camacho Gym Replace powered roof vents at Camacho Gym EA 2 $5,300.00 $10,600.00 14 Base Bid -Las Palmas Pool and Camacho Gym Regrade around northerly and easterly sides of Camacho gym and remove PCC mow curbs LS 1 $5,700.00 $5,700.00 15 Base Bid -Las Palmas Pool and Camacho Gym Repair roof over Camacho Facility (minimum 25 square foot repair each) SF 500 $12.20 $6,100.00 16 Base Bid -Las Palmas Pool and Camacho Gym Reseal roof penetrations at Camacho Facility (excluding gym skylights) LF 100 $21.00 $2,100.00 17 Base Bid -Las Palmas Pool and Camacho Gym Repair and waterproof Camacho Gym skylight connections to roof EA 6 $100.00 $600.00 18 Base Bid -Las Palmas Pool and Camacho Gym Repair drip screed and stucco around Camacho Gym building LF 100 $61.00 $6,100.00 19 Base Bid -Las Palmas Pool and Camacho Gym Provide and install new continuous operation ventilation fan and approximately 12 feet of new power conductors and conduit in the acid room LS 1 $3,000.00 $3,000.00 Subtotal $153,815.00 20 Base Bid -Fire Station 31 Mobilization/demobilization for Fire Station 31 LS 1 $4,000.00 $4,000.00 21 Base Bid -Fire Station 31 Mens' Bathroom: Repair tile; clean, repair and seal grout; replace shower door in kind; repaint ceiling white; replace register to match; replace fan/light with moisture sensing fan controlled fan/light LS 1 $10,300.00 $10,300.00 22 Base Bid -Fire Station 31 Mens' Bathroom: Replace double sink with Silestone countertop with integrated double sink and resinstall with existing faucets LS 1 $4,400.00 $4,400.00 23 Base Bid -Fire Station 31 Remove and replace all interior ceiling fourescent lights with led light fixtures EA 41 $460.00 $18,860.00 24 Base Bid -Fire Station 31 Provide and install portable gas grill LS 1 $9,800.00 $9,800.00 25 Base Bid -Fire Station 31 Remove planter at easterly property line and replace with AC, PG 6410 C2 mix LS 1 $7,600.00 $7,600.00 26 Base Bid -Fire Station 31 Replace rooftop HVAC unit EA 2 $9,900.00 $19,800.00 27 Base Bid -Fire Station 31 Remove exterior wood trellis and ledger and patch stucco to match existing LS 1 $1,000.00 $1,000.00 28 Base Bid -Fire Station 31 Prepare, patch and paint exterior stucco and trim LS 1 $10,600.00 $10,600.00 29 Base Bid -Fire Station 31 Prepare and paint ceiling throughout the fire station interior LS 1 $8,600.00 $8,600.00 Subtotal $94,960.00 30 Base Bid Field Orders AL 1 $10,000.00 $10,000.00 31 Base Bid Building Permit Fees Reimbursment Allowance AL 1 $2,500.00 $2,500.00 Subtotal $12,500.00 32 Additive Bid Demolish and dispose or remove the Bungalows at Pepper Park parking lot and restripe the adjacent parking lot missing striping. LS 1 $18,500.00 $18,500.00 33 Additive Bid Remove temporary meter and replace with permanent stainless steel electric meter pedestal with breaker panel at Pepper Park parking lot planter per SDG&E and CBC requirements LS 1 $16,000.00 $16,000.00 34 Additive Bid Childrens' Pool equipment fencing LF 70 $175.00 $12,250.00 35 Additive Bid Childrens' Pool equipment 36"Gate EA 1 $2,700.00 $2,700.00 36 Additive Bid Remove old and provide and install new pool underwater LED lights EA 26 $1,250.00 $32,500.00 37 Additive Bid Install decking surface in pool areas SF 28144 $6.00 $168,864.00 38 Additive Bid Install decking surface in men's changing area and showers SF 2150 $6.30 $13,545.00 39 Additive Bid Install decking surface in women's changing area SF 1865 $6.30 $11,749.50 40 Additive Bid Remove and dispose of old and provide and install new silestone countertop and stainless steel sink LF 17 $680.00 $11,560.00 41 Additive Bid Remove and dispose of old and provide and install new silestone backsplash SF 30 $100.00 $3,000.00 Subtotal $290,668.50 Total $551,943.50 1<yi.-Vz FtAce., CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that bi i n RI C:LL1c , who signed said contract on behalf of the Contractor, was then Pf•'e Ott If' 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, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the of said Contractor, was then 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: 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 Califmia�� County of �� p, On MaYth 291. 1 ZWp before me, Cr1thCWJJ Ntta RAC (insert/name and title of the officer)' personally appeared NJ tcT' \iCVorC,ei who proved to me on the basis of satisfactory evidence to be the personJ,,s'jwhose name(,ar'is/are subscribed to the within instrument and acknowledged to me that I she/tieSi executed the same in h &her/tbr authorized capacity(i..04, and that by her/t r signature 8 on the instrument the person , or the entity upon behalf of which the person acted, executed the i nstrument. 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 (Seal) AMY CRANDALL Commission 4E 2112042 Notary Public - California I San Diego County Comm. E • Tres Ma 31, 2019 PARTNERSHIP CERTIFICATE STATE OF ) ss COUNTY OF On this day of , 2016, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: Bond No. 0677210 *Premium: $5,585.00 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2016-40, passed the 15th day of March, 2016 has awarded to Fordyce Construction, Inc., hereinafter designated as the "Principal", the Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project, CIP No. 16-02. 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 THREE HUNDRED TWENTY FIVE THOUSAND, TWO HUNDRED EIGHTY FIVE DOLLARS NO/CENTS ($325,285.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. 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 25th day of March , 2016. International Fidelity In Company (SEAL) Fordyce Construction, Inc. (SEAL) (SEAL) Bart Stewart, Attorney -in -Fact (SEAL) k11 I an inAticei Paw( AL) Surety Principal 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 all 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 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, Chief Executive Officer 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 22nd day of July, 2014. STATE OF NEW JERSEY County of Essex ,erV, 1904 i`r ar0�9.A`_,Lt A .,r ROBERT W. MINSTER Chief Executive Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 22nd day of July 2014, 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. tV1YC ''. go i sGc' : o NOTARY fmf7 : PUBLIC C, NEW ‘�'�`` ,,,,,, ,,,,.,l •n• IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16, 2019 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 ZS1''`•' day of \ ta,ru" '.., MARIA BRANCO, Assistant Secretary 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 03/25/2016 } before me, Brittany Aceves, Notary Public (Here insert name and title of the officer) personally appeared Bart Stewart who proved to me on the basis of satisfactory evidence to be the person(s) whose name() Is re subscribed to the within instrument and acknowledged to me that (St he/they executed the same in er/their authorized capacity(ies), and that by er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1aotkp I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tru_and correct. � Igna (Notary Public Seal) Nota ♦ BR ITTANY ACEVES Commission No. 2044569 z NOTARY PUBLIC - CALIFORNIA m SAN DIEGO COUNTY Commission Expires October 7, 2017 j ADDITIONAL OPTIONAL INFORMATION 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) ❑ 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 to the document. Acknolwedgents 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 notmy 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. Bond No. 0677210 *Premium: Included on Perf Bond PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2016-40, passed the 15th day of March, 2016 has awarded Fordyce Construction, Inc., hereinafter designated as the "Principal", the Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project, CIP No. 16-02 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 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 THREE HUNDRED TWENTY FIVE THOUSAND, TWO HUNDRED EIGHTY FIVE DOLLARS NO/CENTS ($325,285.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if 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 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 original thereof, have been duly executed by the Principal and Surety above named, on the 25th day of March , 2016. International Fidelity Insura mpany (SEAL) (SEAL) -4-1 AL) Bart Stewart, Attorney -in -Fact (SEAL) Z1 1 *cc, 1 1 I C tiAL) Fordyce Construction, Inc. Surety Principal (SEAL) 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 all 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 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, Chief Executive Officer 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 22nd day of July, 2014. 'Oct. i�� I''` STATE OF NEW JERSEY 'C o .. pi County of Essex iVat rl ks ROBERT W. MINSTER Chief Executive Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 22nd day of July 2014, 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. p%ulu Cr • HY NR:!`' �,'s o �f-; •. o NOTARY • PU6LIC y: ,1 •°Q- -.2619 C7(V , OF NEW •,,,,h n,,, ,, 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. CERTIFICATION A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16, 2019 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 day of NACU- 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 03/25/2016 before me, Brittany Aceves, Notary Public (Here insert name and title of the officer) personally appeared Bart Stewart who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s-)(are subscribed to the within instrument and acknowledged to me that he/they executed the same in er/their authorized capacity(ies), and that by er/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. Notar'�!Wror lksie (Notary Public Seal) BRITTANY ACEVES Commission No. 2044569 z NOTARY PUBLIC - CALIFORNIA w SAN DIEGO COUNTY Commission Expires October 7, 2017 ADDITIONAL OPTIONAL INFORMATION 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) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version vnvw.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 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 notaty 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. FORDY-1 OP ID: LR 1 'ate R� CERTIFICATE OF LIABILITY INSURANCE DA03/25/2016TE Y) 03/25/2016 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 Alcottlnsurance Agency, Inc. 3945 Idaho Street San Diego, CA 92104-2902 Kirk S. Jorgenson CNTANAME: CT Kirk S. Jorgenson PHONE 619-293800 FAX 3- (A/C. No. Ext): (AIC, No): 619-293-3896 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Ohio Security Insurance Co 24082 INSURED Fordyce Construction Fordyce Construction Inc 9932 Prospect Ave #138 Santee, CA 92071-4378 INSURER B : Developers Surety & Indemnity 12718 INSURER C: California Insurance Company INSURER D : American Fire & Casualty Co 24066 INSURER E : Topa Insurance Company INSURER F : • REVISION NUMBER: VVYGMVGV vim..... .vr.. r .. v....-�. .. 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 WH)CH 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 LTR TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MMIDD/YYYY) LIMITS B GENERAL X .INR LIABILITY COMMERCIAL GENERAL LIABILITY X X BIS0001265005 03/09/2016 03/09/2017 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES {Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 CLAIMS -MADE X OCCUR PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 X $1,000 PD Per Occ PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES jE8' PER: LOC $ D AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED X SCHEDULED AUTOS NON -OWNED AUTOS X X BAA55980121 02/24/2016 02/24/2017 (EOa aBINEDtSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (PER ACCIDENT) $ Comp & Coll $ 500 Ded E X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE XL660048106 03/09/2016 03/09/2017 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 Following $ Forms DED RETENTION$ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under Y/ N Y N / A X 468814560104 03/01/2016 03/01/2017 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 1,000,000 EL. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Inland Marine RC/Special Form BKS55980121 03/09/2016 03/09/2017 R/L Equip 100,000 Ded 500 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Las Palmas Park Municipal pool/Camacho Gym/Fire Station 31 Improvements, CIP No. 16-02, 1810 E 22nd St, National City CA 91950 and City of National City, 1243 National City Blvd, National City CA 91950. City of National City and its employees, officers, agents, contract employees and design, project management, construction management and inspection consultants are hereby CERTIFICATE HOLDER CANCELLATION CITYOFN City of National City 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 CITYOFN INSURED'S NAME Fordyce Construction FORDY-1 PAGE 2 OP ID: LR Date 03/25/2016 added as additional insures but only as respects work done by, for, or on behalf of the named insures. This policy shall be considered primary insurance as respects any other valid and collectible insurance City of National City may possess, including self -insured retention, City of National 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 policy had been written for each. This, however, will not act to increase the 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 Agency 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. POLICYNU ER: 00 COMMERCAL GENERAL LIABILITY OG 20 38 04 13 THIS ENDORSEMENT CHANGE.S THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS AUTOMAM STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the 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 additiorial insured only with respect to liability for "bodily injury", "property damage" or "personal and advert 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 lawn 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 04 13 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 "prcperty 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 111 - Limits Of insurance: The most we wih pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; er 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: SO 012650-05 COMMERCIAL GENERAL LIABILITY CG 24 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, ADD1TfONAL 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 Competed 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 workis not covered. 'Residential work" includes all residential housing, including but not limited to single family homes, apartments, condominiums, townhornes, 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 penod. "Residential work" is not covered, "Residential work" includes all residential housing, inctuding but not limited to single family homes. apartments, condominiums. townhomes, dormitories, retirement and assisted living facilities. Inforrnation re uired to complete this Schedute, rf not shown above, will be shown in the DacIaratons. A. Section II — Who Is An Insured is amended to include as an addition& 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 agreementthe insurance afforded to such additional insured will not be broader than that which you ate requiter; by the contract or agreernent to provide for such additional insured. CG 20 37 04 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.BIS00012650-05 COr4MERCflL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provded 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 corn lete this Schedule, if not shown above, wUl be shown in the Declaration The following is added to Paragrapn 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 0 ice, Inc, 2008 Page 1 of 1 ("-) ICY NUMBER EIS00012650-05 COMMERCIAL GENERAL LIABILIre ID 00 20 10 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY 140N-r'ONTRIBUTORY This endorsement modfies nsurance insuranceprovided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or plganization(s): Any Additional Insured Person or Organization if required by written contract. Location(s) Of Covered Operations Any location of Additional insured if required by written contract. Inforrnation required to complete this Schedule, if not shown above, willbe 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 ‘ve consider this insurance o be pnrnary 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. ID 00 20 10 11 Co in opyngrted niatenals of ISO Propertes, Inc. with permission Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABIL ITY iNSURANCE POLICY WC 01 03 03 WAIVER OF OUR RIGHT TO RECOVER FROMOTHERS ENDORSEMENT \Ate 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 name0 in the Schedule The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Narne of person or organization: (4 Blanket Wavier Any person or organization for whom the Named insured has agreed by written contractto furnish this aiv 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 5 Advance Premium This endoisernent change he p icy t� whch it is attached and is eftedive on the date issued unless otherwise stet Endorsement Effective 03/01/16 Policy Nn 46-881456-01-04 insured Fordyce Construction , Inc Insuranco Company California 'Insurance Company Erdofserrent No. 9 Premium $ 200OO WeeEM Me IMegeM n � Fordyce Construction Inc Policy Number: BAA55980121 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 PROVISION NUMBER COMMERCIAL AUTO CA88 10 01 13 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 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION 11 - LIABILITY COVERAGE, paragraph A.1. - 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; CA 88 10 01 13 © 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 Only for the duration of that contract, agreement or permit (3) 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 CA 88 10 01 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 MEM 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 Emit and deductible: A. The most we will pay for "loss" in any one "accident" 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 will 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 III - 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 III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto" The insurance provided under this provision is excess over any other collectible insurance. B. 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 III - 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 III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: CA88100113 © 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 equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, Transfer or rollover balances from previous loans or leases, Final payment due under a "Balloon Loan", The dollar amount of any unrepaired damage which occurred of a covered "auto", Security deposits not refunded by a lessor, d. e. f. g. prior to the "total loss" 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. CA88100113 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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 Tight 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 DEDUCTIBLES 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. CA 88 10 01 13 © 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 =Emu- 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 RESOLUTION NO. 2016 — 40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO FORDYCE CONSTRUCTION, INC., IN THE NOT -TO -EXCEED AMOUNT OF $325,285.00 FOR THE LAS PALMAS PARK MUNICIPAL POOL/CAMACHO GYM/FIRE STATION 31 IMPROVEMENTS PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $48,792.75 FOR ANY UNFORESEEN CHANGES, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, AND AUTHORIZING AN APPROPRIATION OF $16,068.78 IN THE FIRE DEPARTMENT DIF CIP ACCOUNT FROM THE FIRE DEPARTMENT DIF FUND BALANCE AND AN APPROPRIATION OF $34,500.00 IN THE AQUATIC CENTER CIP ACCOUNT FROM THE GENERAL FUND FUND BALANCE TO SUPPLEMENT EXISTING APPROPRIATIONS WHEREAS, the Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project (the "Project") represents Phase I of refurbishments to the National City Municipal Pool, Camacho Recreation Center, and Fire Station 31; and WHEREAS, on March 1, 2016, the Engineering Department, publicly opened, examined, and declared three (3) sealed bids for the Project; and WHEREAS, Fordyce Construction, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $325,285.00; and WHEREAS, a 15% contingency amount up to $48,792.75 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 Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project to the lowest responsive, responsible bidder, to wit: FORDYCE CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $325,285.00 with Fordyce Construction, Inc., for the Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 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 15% contingency amount up to $48,792.75 for any unforeseen changes to the Project. BE IT FURTHER RESOLVED that the City Council hereby authorizes an appropriation of $16,068.78 in the Fire Department DIF CIP account from the Fire Department DIF fund balance. BE IT FURTHER RESOLVED that the City Council hereby authorizes an appropriation of $34,500.00 in the Aquatic Center CIP account from the General Fund fund balance to supplement existing appropriations. --- Signature Page to Follow--- Resolution No. 2016 — 40 Page Two PASSED and ADOPTED this 15th day of March, 2016. Morrison, Mayor ATTEST: o dL Mich el R. Dalla, City Jerk APROVED AS O FORM: C"u. is Gacitu 1 Silva City Attorne, Passed and adopted by the Council of the City of National City, California, on March 15, 2016 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 //. AP City Clerk of the City of N tional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-40 of the City of National City, California, passed and adopted by the Council of said City on March 15, 2016. City Clerk of the City of National City, California By: Deputy Gtl CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 15, 2016 AGENDA ITEM NO. 21 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 $325,285.00 for the Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project, CIP No. 16-02; 2) authorizing a 15% contingency in the amount of $48,792.75 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; 4) authorizing the appropriation of $16,068.78 in the Fire Department DIF CIP account from the Fire Department DIF fund balance and appropriation of $34,500.00 in the Aquatic Center CIP account from the General Fund fund balance to supplement existing appropriations. PREPARED BY: Jose Lopez, Civil Engineering Tech. PHONE: 619-336-4312 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: `O% ,�— APPROVED: 001-409-500-598-4133 (Las Palmas Park Improvements): $175,015.00 001-409-500-598-1609 (Fire Station 31 Improvements): $80,000.00 325-409-500-598-1217 (Fire Department DIF): $35,770.00 001-409-500-598-3816 (Aquatic Center): $34,500.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Fordyce Construction, Inc. in the not -to -exceed amount of $325,285.00 for the Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project, CIP No. 16-02. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution r6EscA,vZt0td0‘6-`t EXPLANATION The project represents Phase I of refurbishments to the National City Municipal Pool, Camacho Recreation Center and Fire Station 31. On February 4, 2016, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On February 8, 2016 and February 15, 2016, the bid solicitation was advertised in local newspapers. On March 1, 2016, three (3) bids were received electronically on PlanetBids by the 1:00 p.m. deadline. Bid results were available immediately after the 1:00 p.m. deadline. Fordyce Construction, Inc. was the apparent lowest bidder with a total base bid plus additive bid amount of $551,943.50, as the basis of bid award. Upon review of all documents submitted and reference checks, Fordyce 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. Therefore, staff recommends awarding a contract to Fordyce Construction, Inc. in the not -to exceed amount of $325,285.00, which includes the following: • Combined Base Bid amount of $261,275.00 o National City Municipal Pool - Improvements to the office/showers and pool equipment buildings, and security lighting upgrades; o Camacho Recreation Center - Replacement of exterior doors, replacement of roof mounted power ventilators, refinishing the gymnasium floor, roof repairs, stucco and drip screen repairs, skylight waterproofing, and re -grading turf area for drainage; o Fire Station 31 - Bathroom repairs and upgrades, provide and install new portable gas grill, removal of the planter area and replacement with asphalt pavement, replacement of HVAC units, and painting of the building exterior. • Additive Bid Line Item 32 in the amount of $18,500.00 - removal and disposal of the bungalows in parking lot near Aquatic Center; restripe the adjacent parking lot as needed. • Additive Bid Line Item 33 in the amount of $16,000.00 - remove temporary meter and replace with permanent stainless steel electric meter pedestal with breaker panel; meter provides service to dock pumps and security cameras for Aquatic Center. • Additive Bid Line Item 34 in the amount of $12,250.00 - install fence enclosing the Children's pool equipment at the National City Municipal Pool. • Additive Bid Line Item 35 in the amount of $2,700.00 - install gate enclosing the Children's pool equipment at the National City Municipal Pool. • Additive Bid Line Item 40 in the amount of $11,560.00 - remove and dispose of existing sink, provide and install new silestone countertop and stainless steel sink at Fire Station 31. • Additive Bid Line Item 41 in the amount of $3,000.00 - remove and dispose of existing backsplash, provide and install new silestone backsplash at Fire Station 31. Staff also recommends authorizing a 15% contingency in the amount of $48,792.75 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. CALIFORNIA N. _I.I0NL a>n n v INCORPORATED BID OPENING RESULTS NAME: LAS PALMAS PARK MUNICIPAL POOL/ CAMACHO GYM/ FIRE STATION 31 IMPROVEMENTS CIP NO: 16-02 DATE: Tuesday, March 1, 2016 TIME: 1:00 P.M. ESTIMATE: $475,000 PROJECT ENGINEER: Stephen Manganiello NO. BIDDER'S NAME BASE BID ADDITIVE BIDS GRAND TOTAL* BID SECURITY - BOND 1 Fordyce Construction, Inc. 9932 Prospect Ave #138 Santee, CA 92071 $261,275.00 $290,668.50 $551,943.50 Bond 2 Vasquez Construction Company 3009 G Street San Diego, CA 92102 $282,111.45 $359,247.47 $641,358.92 Bond 3 SWCS, Inc. 11653 Riverside Dr. Ste. 153 Lakeside, CA 92040 $376,675.25 $295,617.13 $672,292.38 Bond * If an additive, alternate or additive/alternate bid items are called for in the Contract Documents, the sum of the base bid and all additive, alternate and additive/alternate bids, if any, shall be used to determine the lowest responsive bid. -1- ire Station 31 Improvements Project (CIP No, 16-02) Fordyce Construction, Inc. Vasquez Construction Company SWCS, 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 -Las Palmas Pool and Camacho Gym 1 Mobilization/Demobilzation for Las Palmas Pool and Camacho Gym LS 1 $5,000.00 $5,000.00 $34,881.00 $34,881.00 $32,500.00 $32,500.00 2 Remove and Replace 2"x 8" Facia on East side of shower building LF 235 $21.00 $4,935.00 $13.10 $3,078.50 $9.00 $2,115.00 3 Replace flashing at easterly eave at fascia replacement and repair roof and connection to flashing LF 235 $43.00 $10,105.00 $27.00 $6,345.00 $14.25 $3,348.75 4 Remove and replace deficient 1"x6" T&G eave SF 265 $18.50 $4,902.50 $16.32 $4,324.80 $42.72 $11,320.80 5 Paint fascia and eave of easterly side of administrative/shower building LS 1 $11,200.00 $11,200.00 $3,590.00 $3,590.00 $3,952.00 $3,952.00 6 Repair rafters on easterly side administrative/shower building EA 10 $110.00 $1,100.00 $171.13 $1,711.30 $728.00 $7,280.00 7 Replace gas pipe in pool equipment (acid) room LF 20 $60.00 $1,200.00 $382.50 $7,650.00 $286.00 $5,720.00 8 Provide and install new power ventilator in pool equipment room LS 1 $7,000.00 $7,000.00 $1,271.00 $1,271.00 $5,164.00 $5,164.00 9 Remove and Replace pool overhead flood lights EA 15 $2,200.00 $33,000.00 $840.00 $12,600.00 $2,434.00 $36,510.00 10 Remove and replace pool security lights EA 5 $2,500.00 $12,500.00 $750.00 $3,750.00 $3,504.00 $17,520.00 11 Repair doors at Camacho Gym EA 3 $1,000.00 $3,000.00 $1,000.00 $3,000.00 $1,200.00 $3,600.00 12 Refinish/restripe Camacho Gym wood floor SF 7335 $3.50 $25,672.50 $3.11 $22,811.85 $4.82 $35,354.70 13 Replace powered roof vents at Camacho Gym EA 2 $5,300.00 $10,600.00 $7,680.00 $15,360.00 $1,125.00 $2,250.00 14 Regrade around northerly and easterly sides of Camacho gym and remove PCC mow curbs LS 1 $5,700.00 $5,700.00 $8,000.00 $8,000.00 $10,200.00 $10,200.00 15 Repair roof over Camacho Facility (minimum 25 square foot repair each) SF 500 $12.20 $6,100.00 $9.00 $4,500.00 $12.80 $6,400.00 P 1 roe Munici a Pool/Camacho Gym/Fire Station 31 Improvements Project (CIP No. 16-02) DIU ReSUItS for Las a mas a p Fordyce Construction, Inc. Vasquez Construction Company SWCS, 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) 16 Reseal roof penetrations at Camacho Facility (excluding gym skylights) LF 100 $21.00 $2,100.00 $15.00 $1,500.00 $17.00 $1,700.00 17 Repair and waterproof Camacho Gym skylight connections to roof EA 6 $100.00 $600.00 $300.00 $1,800.00 $1,982.00 $11,892.00 18 Repair drip screen and stucco around Camacho Gym building LF 100 $61.00 $6,100.00 $46.00 $4,600.00 $29.80 $2,980.00 Provide and install new continuous operation ventilation fan and approximately 12 feet of new and conduit in the acid room LS 1 $3,000.00 $3,000.00 $1,500.00 $1,500.00 $3,100.00 $3,100.00 19 power conductors Subtotal $153,815.00 $142,273.45 $202,907.25 ., Base Bid -Fire Station 31 20 Mobilization/demobilization for Fire Station 31 LS 1 $4,000.00 $4,000.00 $34,880.00 $34,880.00 $29,560.00 $29,560.00 21 Mens' Bathroom: Repair tile; clean, repair and seal grout; replace shower door in kind; repaint ceiling white; replace register to match; replace fan/light with moisture sensing fan controlled fan/light LS 1 $10,300.00 $10,300.00 $6,356.00 $6,356.C)0 $12,250.00 $12,250.00 22 Mens' Bathroom: Replace double sink with Silestone countertop with integrated double sink and resinstall with existing faucets LS 1 $4,400.00 $4,400.00 $7,408.00 $7,408.C)0 $12,950.00 $12,950.00 23 Remove and replace all interior ceiling fourescent lights with led light fixtures EA 41 $460.00 $18,860.00 $524.00 $21,484.00 $528.00 $21,648.00 24 Provide and install portable gas grill LS 1 $9,800.00 $9,800.00 $6,540.00 $6,540.00 $2,500.00 $2,500.00 25 Remove planter at easterly property line and replace with AC, PG 6410 C2 mix LS 1 $7,600.00 $7,600.00 $6,200.00 $6,200.00 $16,450.00 $16,450.00 26 Replace rooftop HVAC unit EA 2 $9,900.00 $19,800.00 $5,821.00 $11,642.00 $9,500.00 $19,000.00 Bid Results for Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project (CIP No. 16-02) Fordyce Construction, Inc. Vasquez Construction Company SWCS, 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) 27 Remove exterior wood trellis and ledger and patch stucco to match existing LS 1 $1,000.00 $1,000.00 $3,500.00 $3,500.00 $9,950.00 $9,950.00 28 Prepare, patch and paint exterior stucco and trim LS 1 $10,600.00 $10,600.00 $22,844.00 $22,844.00 $28,980.00 $28,980.00 29 Prepare and paint ceiling throughout the fire station interior LS 1 $8,600.00 $8,600.00 $6,484.00 $6,484.00 $7,980.00 $7,980.00 Subtotal $94,960.00 $127,338.00 $161,268.00 Base Bid 30 Field Orders AL 1 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 31 Building Permit Fees Reimbursment Allowance AL 1 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 Subtotal $12,500.00 $12,500.00 $12,500.00 Combined Base Bid $261,275.00 $282,111.45 $376,675.25 Additive Bids 32 Demolish and dispose or remove the Bungalows at Pepper Park parking lot and restripe the adjacent parking lot missing striping. LS 1 $18,500.00 $18,500.00 $24,581.00 $24,581.00 $26,580.00 $26,580.00 33 Remove temporary meter and replace with permanent stainless steel electric meter pedestal with breaker panel at Pepper Park parking lot planter per SDG&E and CBC requirements LS 1 $16,000.00 $16,000.00 $14,705.00 $14,705.00 $14,950.00 $14,950.00 34 Childrens' Pool equipment fencing LF 70 $175.00 $12,250.00 $184.36 $12,905.20 $180.00 $12,600.00 35 Childrens' Pool equipment 36"Gate EA 1 $2,700.00 $2,700.00 $3,073.00 $3,073.00 $1,200.00 $1,200.00 36 Remove old and provide and install new pool underwater LED lights EA 26 $1,250.00 $32,500.00 $1,123.00 $29,198.00 $1,352.00 $35,152.00 37 Install decking surface in pool areas SF 28144 $6.00 $168,864.00 $8.21 $231,062.24 $6.07 $170,834.08 Bid Results for Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project (CIP No. 16-02 Fordyce Construction, Inc. Vasquez Construction Company SWCS, 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) 38 Install decking surface in men's changing area and showers SF 2150 $6.30 $13,545.00 $8.60 $18,490.00 $6.07 $13,050.50 39 Install decking surface in women's changing area SF 1865 $6.30 $11,749.50 $8.60 $16,039.00 $6.07 $11,320.55 40 Remove and dispose of old and provide and install new silestone countertop and stainless steel sink LF 17 $680.00 $11,560.00 $332.59 $5,654.03 $390.00 $6,630.00 41 Remove and dispose of old and provide and install new silestone backsplash SF 30 $100.00 $3,000.00 $118.00 $3,540.00 $110.00 $3,300.00 Additive Bids Total $290,668.50 $359,247.47 $295,617.13 Summary Base Bid Base Bid -Las Palmas Pool and Camacho Gym $153,815.00 $142,273.45 $202,907.25 Base Bid -Fire Station 31 $94,960.00 $127,338.00 $161,268.00 Base Bid $12,500.00 $12,500.00 $12,500.00 Combined Base Bid $261,275.00 $282,111.45 $376,675.25 Combined Base Bid Awarded $261,275.00 $282,111.45 $376,675.25 Additive Bids Additive Bid Line Item 32- Remove Bungalows at Pepper Park $18,500.00 $24,581.00 $26,580.00 Additive Bid Line Item 33- Stainless Steel Meter Pedestal at Pepper Park $16,000.00 $14,705.00 $14,950.00 Additive Bid Line Item 34- Childrens' Pool equipment fencing $12,250.00 $12,905.20 $12,600.00 Additive Bid Line Item 35- Childrens' Pool equipment 36"Gate $2,700.00 $3,073.00 $1,200.00 Additive Bid Line Item 36-Remove old and provide and install new pool underwater LED lights $32,500.00 $29,198.00 $35,152.00 Additive Bid Line Item 37- Install decking surface in pool areas $168,864.00 $231,062.24 $170,834.08 Additive Bid Line Item 38- Install decking surface in men's changing area and showers $13,545.00 $18,490.00 $13,050.50 Additive Bid Line Item 39- Install decking surface in women's changing area $11,749.50 $16,039.00 $11,320.55 Item No. Description Bid Results for Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project (CIP No. 16-02) Vasquez Construction Company Unit Qty. Fordyce Construction, Inc. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) SWCS, Inc Unit Price Extension (Quantity x Unit Price) Additive Bid Line Item 40-Provde and install new countertop and stainless steel sink $11,560.00 $5,654.03 Additive Bid Line Item 41- Provide and Install new silestone backsplash $3,000.00 $290,668.50 Additive Bids Total Additive Bids Awarded* Grand Total (Combined Base Bid plus Additive Bids Total) $64,010.00 $551,943.50 $3,540.00 $359,247.47 Grand Total Awarded (Combined Base Bid Awarded plus Additive Bids Awarded) * Additive Bids Awarded include Additive Bid Line Item #'s 32, 33, 34, 35, 40 & 41. $325,285.00 $64,458.23 $641,358.92 $346,569.68 $6,630.00 $ 3, 300.00 $295,617.13 $65,260.00 $672,292.38 $441,935.25 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO FORDYCE CONSTRUCTION, INC., IN THE NOT -TO -EXCEED AMOUNT OF $325,285.00 FOR THE LAS PALMAS PARK MUNICIPAL POOL/CAMACHO GYM/FIRE STATION 31 IMPROVEMENTS PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $48,792.75 FOR ANY UNFORESEEN CHANGES, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, AND AUTHORIZING AN APPROPRIATION OF $16,068.78 IN THE FIRE DEPARTMENT DIF CIP ACCOUNT FROM THE FIRE DEPARTMENT DIF FUND BALANCE AND AN APPROPRIATION OF $34,500.00 IN THE AQUATIC CENTER CIP ACCOUNT FROM THE GENERAL FUND FUND BALANCE TO SUPPLEMENT EXISTING APPROPRIATIONS WHEREAS, the Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project (the "Project") represents Phase I of refurbishments to the National City Municipal Pool, Camacho Recreation Center, and Fire Station 31; and WHEREAS, on March 1, 2016, the Engineering Department, publicly opened, examined, and declared three (3) sealed bids for the Project; and WHEREAS, Fordyce Construction, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $325,285.00; and WHEREAS, a 15% contingency amount up to $48,792.75 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 Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project to the lowest responsive, responsible bidder, to wit: FORDYCE CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $325,285.00 with Fordyce Construction, Inc., for the Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 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 15% contingency amount up to $48,792.75 for any unforeseen changes to the Project. BE IT FURTHER RESOLVED that the City Council hereby authorizes an appropriation of $16,068.78 in the Fire Department DIF CIP account from the Fire Department DIF fund balance. BE IT FURTHER RESOLVED that the City Council hereby authorizes an appropriation of $34,500.00 in the Aquatic Center CIP account from the General Fund fund balance to supplement existing appropriations. --- Signature Page to Follow--- Resolution No. 2016 — Page Two PASSED and ADOPTED this 15th day of March, 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: 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 FORDYCE CONSTRUCTION Las Palmas Pool, Camacho Gym, Fire Station 31 Improvements Project Judy Hernandez (Engineering / Public Works) Forwarded Copy of Agreement to Fordyce Construction