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HomeMy WebLinkAboutEC Constructors Inc; 2016-04-11; PWM16-95TRANRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Notice is hereby given that DOC# 2016-0328121 1111111111111111111111111111111111111111111111111111111111111111111111 Jun 30, 2016 03:19PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr , SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES 1 Space above this line for Recorder's use. PARCEL NO: n/a ~~--------------- NOTICE OF COMPLETION 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on May 4, 2016. 6. The name of the contractor for such work or improvement is EC Constructors, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 4714 (PWM16-95TRAN), Fleet Maintenance Building Renovation. 8. The street address of said property is at 2480 Impala Dr. in the City of Carlsbad. CITY OF ~LSBAD dl~--~ityEn~ VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on M 'd-'\.~ 2-\ , 20J..ltL, accepted the above described work as completed and ordered that a N t1ce of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on ~' < 7 , 20_j_ft_, at Carlsbad, California. Cl~~ OF CARLSBAD 1 vt:h~k~L~ 43i<RBARA ENGLES City Clerk Word\Masters\Forms\Notice of Completion (City) 3/9/98 CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for Project No. 4714 (PW16-95TRAN), Fleet Maintenance Building Renovation, and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE Demo of CMU wall $27,098 PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS +--~ 6/--::;i-~~"-+--~..__'16 __ _ CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. ad is hereby directed to commence maintaining the above described Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By:~ Deputy City Attorney Word\Masters\Forms\Acceptance of Public Improvements (City) 3/9/98 PWM16-95TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FLEET MAINTENANCE BUILDING RENOVATION; CONTRACT NO. 4714 This agreement is made on the U th day of 1\~n \ , 2016, by the City of Carlsbad, California, a municipal corporation, (hereinafter calle "C1ty"), and EC Constructors, Inc., a California corporation, whose principal place of business is 9834 River Street, Lakeside, CA 92040 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal (2 pages), drawing of floor plan showing area of work and Utility Locating Report prepared by Underground Solutions and dated June 11, 2015, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Steven Stewart (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates ofwages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 41 00 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. FLEET MAINTENANCE BUILDING RENOVATION; CONT. NO. 4714 Page 1 of 8 City Attorney Approved 2/29/2016 PWM16-95TRAN FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ~~~ Print Name: Sherri L. Summers, CEO REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1 ,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1 ,000,000 Property damage insurance in an amount of not less than ........ $1 ,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of FLEET MAINTENANCE BUILDING RENOVATION; CONT. NO. 4714 Page 2 of 8 City Attorney Approved 2/29/2016 PW M 16-95TRAN every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within ten (1 0) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within ten (1 0) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. EC Constructors, Inc. (name of Contractor) 585677 (Contractor's license number) B & C-8, expires 2/28/2018 (license class. and exp. date) 1000004249 (DIR registration number) 6/30/2016 (DIR registration exp. date) /II /II /II /II Ill /II /II /II /II FLEET MAINTENANCE BUILDING RENOVATION; CONT. NO. 4714 9834 River Street (street address) Lakeside, CA 92040 (city/state/zip) 619-440-7181 (telephone no.) 619-440-7180 (fax no.) jim @ecconstructors .com (e-mail address) Page 3 of 8 City Attorney Approved 2/29/2016 PWM16-95TRAN AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR EC CONSTRUCTORS INC., a California corporation , B;:~~ (sign here) ,o/Summers, CEO ~,Print name/title) By: (sign here) J. Summers President (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!!....§. corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~~ Deputy City Attorney FLEET MAINTENANCE BUILDING RENOVATION; CONT. NO. 4714 Page 4 of 8 City Attorney Approved 2/29/2016 ·· · State of California .-' Secretary of State • · · Statement of Information {Domestic Stock and Agricultural Cooperative Corporations) FEES (Filing and Disclosure): $25.00. If this is an amendment, see Instructions. IMPORTANT-READ INSTRUCTIONS BEFORE COMPLETING 1. CORPORATE NAME EC CONSTRUCTORS, INC. 2. CALIFORNIA CORPORATE NUMBER C2814527 4. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE 5. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY 6. MAILING ADDRESS OF CORPORATION, IF DIFFERENT THAN ITEM 4 7. CHIEF EXECUTIVE OFACERI 8. SECRETARY ADDRESS 9. CHIEF FINANCIAL OFFICER! ADDRESS s CITY CITY CITY CITY CITY CITY F864553 FILED In the office of the Secretary of State of the State of California OCT-G7 2015 This Space for Fding Use Only STATE ZIP CODE STATE ZIP CODE STATE ZIP CODE STATE ZIP CODE STATE ZIP CODE STATE ZIPCODE Names director. Directors, lndudlng Directors Who are Also Officers (The corporation must have at least one ADDRESS CITY STATE ZIP CODE 11. NAME ADDRESS crrv STATE ZIP CODE 12. NAME ADDRESS CITY STATE ZIP CODE Agent for Service of Process If the agent is an individual, the agent must reside in California and Item 15 must be completed with a California street address, a P.O. Box address Is not acceptable. If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate to California Code section 1505 and Item 15 must be left blank. 14. NAME OF AGENT FOR SERVICE OF PROCESS 15. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CAUFORNIA, IF AN INDMDUAL CITY STATE ZIP CODE U.S. DEPARTMENT OF COMMERCE Economics and Stalistics Administration U.S. CENSUS BUREAU FORM Classification Report ~©!P>~ 2007 ECONOMIC CENSUS NC-99026 (OZIOtl20o7) OMB No. 0607-0925: Approval Expires 3131/2009 DUE DATE 30 DAYS AFTER RECEIPT OF FORM Mail your completed form to: U.S. CENSUS BUREAU 120 1 East 1oth Street Jeffersonville, IN 47132..0001 Public reporting burden for this collection is estimated to be 5 minutes. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: Paperwork Prorect 0607·()925, U.S. Census: Bureau. 4600 Silver Hill Road, ASMO-3K138, Washington, DC 20233. You may e-ma11 comments to Paperwork•!.i'census.gov; use 'Paperwork Project 0607·0925" as the subject. An Office of Management and Budget (OMB) approval number is printed in the upper right corner of this form. Without displaying this number, we could not collect thiS information or require your response. NC-99026 FROM THE ASSOCIATE DIRECTOR FOR ECONOMIC PROGRAMS U.S. CENSUS BUREAU ll1l111 ololllo U I II IIIII Ulllll 11111111 II olui1JI1 I 111011 IIIII EC CONSTRUCTORS INC 166 W PARK AVE EL CAJON CA 92020-3504 (Please correct any errors in this mailing address.) We need your assistance to accurately classify your firm in the correct industry for the 2007 Economic Census. Economic data are essential to business and government decision making, and reliabl~ data for your business require accurate industry classification. Please complete all Items on this form and return it within 30 days after receipt. Since this form requests no operating data, it should take only a few minutes to complete. YOUR RESPONSE IS REQUIRED BY LAW. Title 13, United States Code, requires businesses and other organizations tnat receive this questionnaire to answer the questions and return the report to the U.S. Census Bureau. By the same law, YOUR CENSUS REPORT IS CONFIDENTIAL. It may be seen only by persons sworn to uphold the confidentiality of Census Bureau information and may be used only for statistical purposes. Further, copies retained in respondents' files are immune from legal process. Thank you in advance for your cooperation. Sincerely, THOMAS L. MESENBOURG For assistance, please visit our Web site at www.census.gov/econhelp or call our customer help line {1-800-233-6136) Monday to Friday, 8 a.m. to 6 p.m. Eastern time. PENALTY FOR FAit.URE TO REPORT USCENSUSBUREAU CONTINUE 0111 PAGE 2 ~ i 1. State of California Secretary of State STATEMENT OF INFORMATION (Domestic Stock and Agricultural CooperaUve Corporations) FEES (Filing and Diaci08Ure): $25.00. H amendment, see Instructions. IMPORTANT-READ INSTRUCnONS BEFORE COMPLETING THIS FORM CORPORATE NAME (Please do nat allerlfnarne Is preprlnled.) EC Constructors, Inc. C2814527 DUE DATE: ~ 09· 693071 INDORSED • FILED II ii OftiOe Of 1M s.cntary riSIIta db .... of Cllllbinll JUl.JO Z009 Thl& Space For FiDng Uae Only L.!. '""·"'' -.. ""'.' •.. . ' " " COMPLETE ADDRESSES FOR THE FOLLOWING (Do not abbreviate the name oflhe ciiY. Items 2md 3 cannot be P.O. Boxes-1 2. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE ZIP CODE 166 West Park Avenue El Cajon CA 92020 3. STREET ADDRESS OF PRINCIPAL BUSlNESS OFFICE IN CALIFORNIA. IF At« CITY STATE ZIPCOOE 166 West Park Avenue EICajon CA 92020 4. MAIUNG ADDRESS OF THE CORPORATION, IF OIFFERENT THAN ITEM 2 CITY STATE ZIPCOOE NAMES AND COMPLETE ADDRESSES OF THE FOllOWING OFFICERS (The corporation ITI.IIt hiMIIhe&e three ofl'leer&. A comparable tiUe for lhe soecilc oflk:er may be added; however lha IWIIDrfnted titles on lhla form must not be allered.) 5. CHIEF EXECI.mi/E OFFICER/ ADDRESS CITY STATE ZJPCOOE See Attachment 1 6. SECRETARY/ ADDRESS CITY STATE ZIP CODE 7. CHIEF RNANCIAL OFFICER/ ADDRESS CITY STATE ZIPCOOE NAMES AND COMPLETE ADDRESSES OF ALL DIRECTORS, INCLUDING DIRECTORS WHO ARE ALSO OFFICERS (The corporation must haw at least one director. Attach additional pages, If neceasary.) 8. NAME ADDRESS CITY STATE ZIPCOOE James J. summers 166 West Parlt Avenue EICajon CA 92020 8. NAME ADDRESS CITY STATE ZIPCOOE Snerri L Summers 166 West Park Avenue El Cajon CA 92020 10. NAME AOORESS CITY STATE ZIP COOlE 11. NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY: 3 AGENT FOR SERVICE OF PROCESS (If the agent is an lndMdual,lhe agent must reside In Callfomla and !tarn 13 must be completed wilh a Cal"rfomla street address (a P.O. Box address is not &CCIIplable). lflhe agent Ia another oorporatlon, lhe agent must have on file with the Califomia Secretary of State a certificate pursuant to Corporation& Code section 1505 and Item 13 must be left blank.) 12. NAMS OF AGENT FOR SCRVICE OF PROCESS DavldeGolla 13. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIPCOOE 6620 Spectrum Center Boulevard, Suite 900 San Diego CA 92123 TYPE OF BUSINESS 14. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION Construction " Bf "-mNG THO S>"A,..OO OF "'"'"''""'" TO THE ..._._ SECRETARY OF STAT< THE ~~,_ THE I><'OOMA""" CONTAINED HEREIN, INCLUOING ANY ATTACHMENTS, IS TRUE ANO CORReCT. 07/1612009 DavidS. Oemlan, Esq. Attorney ~ DATE TYPE/PRINT NAME OF PERSON COMPLETING FORM TITLE -SIGNATURE D Sl-200 c (REV 0112008) APPROVED BY SECRETARY OF STATE EC CONSTRUCTORS, INC. a California corporation ATTACHMENT 1 OF 1 TO STATEMENT OF INFORMATION DOMESTIC STOCK CORPORATION 09-693071 NAMES AND COMPLETE ADDRESSES OF OFFICERS: James J. Summers Sherri L. Swruners Sherri L. Summers Sherri L. Summers 93S.002/DSD4112.hr President Chief Executive Officer Secretary Chief Financial Officer 166 West Park Avenue El Cajon, CA 92020 166 West Park Avenue El Cajon, CA 92020 166 West Park Avenue El Cajon, CA 92020 166 West Park Avenue El Cajon, CA 92020 PWM 16-95TRAN EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration be Subcontracted No. O~:.~un.~tJ fl-ose!'fJ ~&.4UC if .... "~AJ 'f ~.-C4J~-.~ CA /t*Jooo 2511 Pw .... ~,,a~t; /Ill fl,,..,.~ ~ ... u:; 011!:./Stt,.JSU?~ CA /tJOooo 2.1,(,. 5il.t-U c~ , f"LB;r(ULM J~ ,C,A-/Ooooo 1Cf21 Total% Subcontracted: --'~-~::...__'..:...'I....~.J:;...:~'--- FLEET MAINTENANCE BUILDING RENOVATION; CONT. NO. 4714 Page 5 of 8 License No., %of Classification & Total Expiration Date Contract 8'12..2. 71 t:!.. ~J. I 1/21/Jt. ZL% ,100111/ , • c-:J'-vz.rh 5' '·'% I, '11?Js-~ll -A C-i-t> '/) Zo 7 f.S"% , City Attorney Approved 2/29/2016 PWM16-95TRAN EXHIBIT B SCOPE OF WORK Demolition of CMU wall and associated miscellaneous work at the City of Carlsbad Fleet Maintenance building located at 2480 Impala Drive, Carlsbad, CA 92010. Work includes: • Demo & removal of debris for CMU wall and slab-on-grade for plumbing work. • Safe-off of electrical, gas and plumbing in affected areas; remove heaters (2) and turn-over to City. • Patch concrete slab at plumbing trench and remove grout for smooth slab surface • Bond JOB QUOTATION ITEM UNIT QTY " DESCRIPl10N NO. ; 1 LS 1 Demo of CMU Wall & Misc. Associated Work *Includes taxes, fees, expenses and all other costs. FLEET MAINTENANCE BUILDING RENOVATION; CONT. NO. 4714 Page 6of 8 ... ~ $26,657.00 TOTAL* $26,657.00 City Attorney Approved 2/29/2016 EXHIBITC LABOR AND MATERIALS BOND Bond No. 72BCSHI9930 Premium: $250.00 PWM16-95TRAN WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to EC Constructors, Inc. (hereinafter designated as the "Principal"), a Contract for: FLEET MAINTENANCE BUILDING RENOVATION CONTRACT NO. 4714 in the City of Carlsbad, in strict conformity with the specifiCations, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, EC Constructors, Inc, as Principal, (hereinafter designated as the RContractor"), and Hartford Fire Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of twenty six thousand six hundred fifty seven dollars ($26,657), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named In Califomia Civil Code section 91 DO, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety 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 hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. FLEET MAINTENANCE BUILDING RENOVATION; CONT. NO. 4714 Page 7of8 City Attorney Approved 212912016 PWM16-95TRAN In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this _:::.Sth=--- day of April . 20li._. CONTRACTOR: EC Constructors, Inc. CEO Summers {print name here) President (title and organization of signatory) Executed by SURETY this _..;.;4t;;.;.h ____ day . ............ ~fl.~jl·~····-·~~ .... . .201§_. SURETY: Hartford Fire Insurance Company (name of Surety) One Pointe Drive, 6th Floor, Brea, CA 92821-2~1~-­ (address of Surety) 714-674-1307 By: ~number of Surely) signature of Attorney-in-Fact) Charlotte Aquino, Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.} (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attome~ / By: w~ Deputy City Attorney FLEET MAINTENANCE BUILDING RENOVATION; CONT. NO. 4714 Page 8of8 City Attorney Approved 2/29/2016 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 April 5, 2016 before me. Christine Larsen, Notary Public (insert name and title of the officer) personally appeared James J. Summers, Sherri L. Summers . who proved to me on the basis of satisfactory evidence to be the per~onJs) whose name(s) ~/are sub~c9bed to the within instrument and acknowledge~ 1)> me that 1)11~/they executed the same in tyl!_9A9r/their authorized capacity(ies). and that by lj(/t~'t/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT civil code§ 11s9 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 APR 04 2016 before me, John Richard Flores JR. , Notary Public, -----=o=-a-te____ Insert Name of Notary exactly as it appears on the official seal personally appeared -=C:..:.h:..::.a:..:..:rl-=-ot-'-"tec::_::_A:.:Jqc:::u:.:...in=-=-o------------.=~::Li'"=:;-::;--------------­ Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(!.U} whose name(itb islti;ti subscribed to the within instrument and acknowledged to me that 'fltilshelt.YitiiJ executed the same in iM/:J/her/Vr/ifH/ authorized capacity(Vftfb, and that by Hftlherlt"fftiW signatureqfb on the instrument the person(/$/), or the entity upon behalf of which the person(~~,/) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signatu ~ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: --------------------------------- DocumentDate: _________________ ___ Number of Pages: _______ _ Signer(s) Other Than Named Above:---------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ 0 Individual 0 Corporate Officer-Title(s ): ________ _ 0 Partner 0 Limited 0 General ~ Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______ _ Signer is Representing: Surety Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ____________ _ 0 Individual 0 Corporate Officer -Title( s ): ________ _ 0 Partner 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 One Hartford Plaza Hartford, Connecticut 06155 call: 888-266-3488 or fax: 860-757-5835 Agency Code: 72-160200 CK:J Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut CK:J Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana CJ Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut CJ Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut CJ Twin City Fire Insurance Company, a corporation duly organized under the laws of the State oflndiana CJ Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois CJ Hartford Insurance Company of the Midwest, a corporation duly organized under the Jaws of the State of Indiana CJ Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Lawrence F. McMahon, James Baldassare Jr., Sarah Myers, Maria Guise, Lilia Robinson, Charlotte Aquino, Jennifer L. Clampert, Janice Martin of San Diego, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 181, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ;--~) p:~ Wesley W. Cowling, Assistant Secretary M. Ross Fisher, Vice President STATE OF CONNECTICUT} ss. COUNTY OF HARTFORD Hartford On this 12111 day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. CERTIFICATE fcc>:.Afx~,,-;-(: .hh'j·Nvc.{ Kathleen T. Maynard Notary Public My Commission Expires July 31,2016 I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of APR O 4 ?OJfi Signed and sealed at the City of Hartford. ,_ :.:~"'1tt .· \C.~ r ~- ,/ Gary W. Stumper, Vice President Company Profile " Ct;!IFORilli1 ' DEPARTMEIIT OF INSURANCE Company Profile Company Search Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/ Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information HARTFORD FIRE INSURANCE COMPANY ONE HARTFORD PLAZA HARTFORD, CT 06115 Old Company Names Agent For Service Vivian Imperial 818 WEST SEVENTH STREET SUITE 930 LOS ANGELES CA 90017 Reference Information NAIC #: California Company ID #: e Authorized in California: back to top NAIC Group List Effective Date NAIC Group #: 0091 HARTFORD FIRE & CAS GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top © 2008 California Department of Insurance Page 1 of 1 l-.ttnc·/11ntPr<>l't1"P mPh 1mmr!'lnl'P 1"!'1 aov/l'ommmvnrofile/commmvnrofile?event=comnanvPr... 4/6/2016 B c Exhibit CoNSTRUCTORS I:n.c. LICENSE NO. 58567'7 March 15, 2016 City of Carlsbad Public Works Department 1635 Faraday Carlsbad, CA 92008 Attn.: Steven Stewart Re: Demo of CMU Wall & Mise Associated Work Mr. Stewart, "D" 9834 River Street Lakeside, CA 92040 (619) 440-7181 Fax(619)440-7180 EOE EC Constructors Proposes to provide the following scope of work for the lump sum amount of $26,657.00 Dollars: This Proposal amount is based on the following: • Permit & City License • Demo & removal of debris for CMU wall and slab-on-grade for plumbing work. • Safe-off of electrical, gas, & plumbing in affected area; Remove heater & tum-over to City. • Patch slab on grade at plumbing trench to match existing slab. • This proposal assumes slab on grade; ECC not responsible for any damages if the existing slab is post-tension. • Wo:;9rknc des Payment of Prevailing Wages and Bond Fees. We are prep~ to start this work as soon as soon as the C~y is ready. #· Than.J{,'to~· /·' . / /1.· , es J. Summers //President l; I WORK BAY OFFICE Safe off all electrical. Cut and cap existing floor drain vent pipe. Remove heater in work area and cap gas line. Demo existing wall from floor to underside of beam with flush clean finish at wall and floor. Gas heater hanging from roof to be removed. Cap gas line at this location. WORK BAY DEMO CMU WALL: Carlsbad Maintenance Shop 2480 Impala Dr. Carlsbad, CA. Exhibit "E" Saw cut and remove slab to expose vent pipe. Install new vent pipe to new location and infill slab. NOTE: CMU wall is attached to slab and is NOT attached to roof beam. Exhibit "F" UNDERGROUND SOLUTIONS POSITIVEID ~ UNOE RGROUN 0 SOLUTIONS '-"',-POSTIVE~ ~ UNOERGROUNOSOUJnON~ PO~~ June 11 ,2015 Mr. Jesse Zunke, Supervisor City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 Dear Mr. Zunke: I would like to take this opportunity to personally thank you for putting your trust in Underground Solutions, Inc. to perform the utility locating on this project. Over the last 12 years USI has prided itself on being the potholing and utility locating company of choice of our clients, we have a 99% repeat customer base. Your opinion matters to us. We welcome any comments or suggestions that will help us improve our service and keep you coming back. The following proprietary report summarize our findings for the utilities identified by your company, complete with photographs of the work area and our locating process. Underground Solutions' mission statement has never changed; we strive to provide the most professional and accurate state-of-the-art service. This is achieved by our top of the line equipment and profession al field team. Once again, thank you for this opportunity and we look forward to a continued working relationship with you and your firm I Sincerely, Michael E Arme President Underground Solutions, Inc. ~ UNOERGROUNOSOUJnONS PO~~ 0 UTILITY LOCAliiNG REPORT Utlnty locating Report Date: June 11.2015 Customer: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Jesse Zunk.e, Supervisor ~tr~J~~t NJ@m~~ Fleet Maintenance Remodel ~f~]~~t ~~s;~~u~tt~l1lJ~ locate utilities In work area. ~U'~~~s;SJ ~m~~EWrMJEWI1lJti~~~ •!• GPR: Scanned for utilities. •!• Vloc5000: Direct-connected to gas, water, clamped electric. •!• PipeHorn Hl800: •:• RamRod/PBES2400 w/Sonde: Pushed sewer, storm drain. •!• GA-52Cx: IOJt~~©J~~u~~SI~ Found unk.nown line approximately 2 tt with GPR -mark.ed in pink.. No other utilities found with GPR. Cleared electric transformer and comm lines S/W of work. area -did not enter work. area. Underground Solutions, Inc. 1 120 N. Andreasen Dr. 1 Escondido. CA 92029 Phone (760) 294-9449 I Fox (760) 294-9490 I www.usllocate.com Daily Field Log N~ 9938 b-r 1-15" Contrad Stand-By -Dated: Hours T&M Hours TIIT18 Travel nne Yard Total Job: y LtE'I ~\~~t-.~u:. ~~~L J.S 0 () 05 0 d ·6 Customer: Clrt l>F-vAI2LS BA-J) UNDERGROUND SOLUTIONS City: c...-A RL s\l, ~f) " County St\N {)\eGO Vac Truck No. Vf:ltrJ ~d. T/C Yes{r;;) 'fl(')Hf (JJp_ 't) f)_ .y N/P\ -Unelerground Solutions. Inc. Ope_rator: Crew T ruck: Typical Set Up I Major T/C 120 N. Andreasen Dr .• Escondido, CA 92029 N{P... Any Materials N/f'\ Technician: I.Jsecr1 Anu.wboard Y I N 1/AIB IOiQ A1att t up. Potholing Yes I ('lr1J I 41 ;§~ I Slot Trenching Yes /~ r1 I Other: VT H,f' "'/ l,...O(A I I N (:, ~ tt ~ I :/,~ POTHOLE# I LOCATION # ,.! "~ "e <t.l..~ Comments: " ~ ~ \ t I\ I\ 1\ I PH _, "' / 1\ / \ \ I PH PH "" / ~ \ I PH ""'/ \ / \ I PH A \ / \ v / "" \ / \ ' \ \ 1\ PH PH / "'-\ / \ \ \ \ I '\ PH / '\. \ ~ \ \ \ \ I \ PH / '\ \ / \ \ \ \ I \ PH \ \ / \ \ t \ \ . \ ¥.tile' (Ol!ice Fie) Data Verified By: 4~~ )~IP< 7 v'\ ~>(.. ean.y. IQlo.1amer lliirW Customer Signature: Print Name: PHc (Cuslomer Field) 7-f ~'~ USIRep: , {/ / REV 12·13 reortler:~Ooox.lll!! 0 ~ UNDERGROUND SOWTIONS "/.~ POSTIVE~ AREA MAP(S) BUILDING ... 1.-.. -.. !.~.s...!f ~ I 1 r~crt! I I I I ~ ENTRANCE 0 7 I --... ...... -. ... ...... ....... ...... ' ' ' \ D D D D Q *"NOT TO SCALE*" 2'GPR ........................ ··r··:~·-···.1 ...................................................... . ' ., ' t-I .. I I 6'2~ ! ~ ! -... "' 2·1o·e '~-~---------------------~--. . --'.1 A ... , '1-·(~. o~' ......... , i ··~~ . .. ~ v NOTES-~~ !'--....;...---~--------= -E-LE_C_T_R-IC-~ ~h..~ ::.:::.:::.: ~ !~~~= DRAIN r -----=GAS • • • • • • • • • • • = GPR -··-·•-••= SEWER ~ AREA EXHIBIT BY • __ VI_n_c_en_t_D_o_m_ln....:g::...u_e_z __ UND ERGROUND SOLUTIONS ""' SERVICES ON BEHALF OF. __ C_i....:ty:.._o_f_C_a_rl_s_b_a_d __ 120 N. Andtusen Dr •• Esoondido, CA 92029 Phi TfiiJI 294-94-49 Faxl TfiiJI 294-9490 SITE LOCATION· Carlsbad, CA -UNDERGROUND SOWTlON~ PO~~ 0 PHOTOS L ' ~ L. J • j J .,.,.,.1'-·~i' ,, ' ' . f -