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HomeMy WebLinkAbout2004 CON Marcotte & Hearnes - Fire Station #34 ConstructionCONTRACT NATIONAL CITY FIRE DEPARTMENT, STATION 34 PROJECT SPECIFICATION NO. 1029 THIS CONTRACT, made and entered into this February 17, 2004 by and between the City of National City, California, herein after designated as the "City", and Marcotte and Hearne Builders, Inc., hereinafter designated as the "Contractor". WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: NATIONAL CITY FIRE DEPARTMENT, STATION 34 PROJECT SPECIFICATION NO. 1029 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the sum of Six Million -Nine Hundred Seventy Four Thousand -Five Hundred -Eighty Five Dollars ($6,974,585). 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. CONTRACT (CONTINUED) NATIONAL CITY FIRE DEPARTMENT, STATION 34 PROJECT SPECIFICATION NO. 1029 4. The Notice Inviting Bids, Instructions To Bidders, Bid Forms, Agreement and Bond Forms, Construction Administration Forms, Completion of the Project Forms, General Requirements and General Conditions, Drawings and Specifications, Addenda, Allowances, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The City, the City's representative, the Construction Manager, the Architect, the Consultants and authorized volunteers shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work, of for injury or damage to any person or persons, either workers, employees of Contractor or its subcontractors or the public, or for damage to adjoining or other property, from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of or in connection with the performance of the work, provided, however, that the Contractor shall not be liable for the sole established negligence, willful misconduct or active negligence of the City, its representatives, employees, agents and authorized volunteers who are directly responsible to the City. a. Contractor shall indemnify the City, City Council, City officials, City employees, City representatives, and authorized volunteers against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm entity, corporation, political subdivision or other organization arising out of or in connection with the work, operation or activities of Contractor, its agents, employees, subcontractors or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the City, City Council, City officials, City employees, City representatives, and authorized volunteers, but excluding such actions, claims, damages to persons or property penalties, obligations or liabilities arising from the sole established negligence, willful misconduct or active negligence of the City, City Council, City officials, City employees, City representatives, authorized volunteers, or those who are directly responsible to them; and in connection therewith: 1) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection therewith. 2) Contractor will promptly pay any judgment rendered against Contractor, the City, City Council, City officials, City employees, City representatives, and authorized volunteers covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations, or activities of Contractor hereunder and Contractor agrees to save and hold the City, City Council, City officials, City employees, City representatives, and authorized volunteers harmless there from. 2 CONTRACT (CONTINUED) NATIONAL CITY FIRE DEPARTMENT, STATION 34 PROJECT SPECIFICATION NO. 1029 3) In the event the City, City Council, City officials, City employees, City representatives, and authorized volunteers are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the Work, or operation or activities of Contractor hereunder, Contractor agrees to pay to the City, City Council, City officials, City employees, City representatives, and authorized volunteers any and all costs and expenses incurred by the City, City Council, City officials, City employees, City representatives, and authorized volunteers in such action or proceeding together with reasonable attorney's fees. 4) The City may retain, to the extent it deems necessary, the money due to the Contractor under and by virtue of the Contract Documents until disposition has been made of such actions or claims for damages as specified herein above. 6. Claims, disputes and other matters in question between the parties to this Contract, arising out of or relating to this Contract or the breach thereof, may be decided by arbitration if both parties to this Contract consent in accordance with the rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Contract, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Contract except by written consent containing a specific reference to this Contract and signed by CONTRACTOR, CITY, and any other person sought to be joined. (Any Consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein.) This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Contract shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration is to be filed in writing with the other party to this Contract and with the American Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event is the demand for arbitration to be made after the date when institution of legal or equitable proceedings based on such claim; dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be fmal and judgment may be enter upon it in accordance with applicable law in any court having jurisdiction thereof. 7. The Contractor agrees to comply with all Local, State and Federal regulations and with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. 3 CONTRACT (CONTINUED) NATIONAL. CITY FIRE DEPARTMENT, STATION 34 PROJECT SPECIFICATION NO. 1029 8. If any party brings a snit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or cnt-of-court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys fees. 9. Each and every provision of law and clause required to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not inserted correctly, then upon application of either party the Contract shall forthwith by physically amended to make such insertion or correction. 10. In accordance with Government Code, Section 8546.7, records of both the City and the Contractor shall be subject to examination and audit for a period of three (3) years after final payment. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year fast above written. (Notaries acknowle aemgnt of execution by all PRINCIPALS OF CONTRACTOR shall be CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia County of v'},}\C� \-\ On '.)'r -NI cD/iAeforeme, Date Name and Title of Officer (e.g.,"Jane Doe Is personally appeared 'V V\ MARIANNE THOMASi Commission #1447433 Notary Public - Calif San Diego County • Exp. Oct. 27.2007 i \e?�C'kN\Iv`k Name(s) of Signer(s) ,..1-pgsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isdare subscribed to the within instrument and acknowledged to me that he/slie/they executed the same in his/her/their authorized capacity(ies), and that by fais,l-e ftheir 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. 11\ \N\ Signature of Notary Public OPTIONAL 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 this form to another document. Description of Attached Document Title or Type of Document: Document Date: C7- li ` A Number of Pages: Signer(s) Other Than Named Ab Capacity(iesyClji Signer's Name:: _e • by igner ❑ Individual Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 1 L:.:v.��C:'..�Gv.v.��:v.�y..'.tis�'...'14�4�y.:�..4�.��✓:v��ti�G�.�ti:�G� v:vG�✓...✓:vG�h`i. ®1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call To3I-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of l'l.C�c\� Iss. On c:,..A\S' �`1� C� O-- before me, ‘A"\-k\QM.& 5\ \ ' Q. C AQ,Q Date Name and Title of Officer (e.g., "Jane Do , otary •u personally appeared \' X v-\ { \- (NNW J��\� MARIANNE THOMAS Commission #1447433 Notary Public - Cant San Diego County Lily.Commission bp. Oct. 27. 2007 Name(s) of Signer(s) sonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4/are subscribed to the within instrument and acknowledged to me that helskQ/they executed the same in Ws/tar/their authorized capacity(ies), and that by kisfiren'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. ,ZISNt\ O Signature of Notary Public OPTIONAL 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 this form to another document. Description of Attached Document Title or Type of Document: C j M"'(`t\iL Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual .Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUI OF SIG PRINT R Top of thumb here 01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CONTRACT (CONTINUED) NATIONAL CITY FIRE DEPARTMENT, STATION 34 PROJECT SPECIFICATION NO. 1029 CORPORATE CERTIFICATE I, William M Marcotte certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that William H. Hearne who signed said contract on behalf of the Contractor, was then President of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, William M. Marcotte certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that William M. Marcotte who signed said contract on behalf of the Contractor, was then CEO of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: CONTRACT (CONTINUED) NATIONAL CITY FIRE DEPARTMENT, STATION 34 PROJECT SPECIFICATION NO. 1029 PARTNERSHIP CERTIFICATE STATE OF ) ) ss COUNTY OF ) On this day of , 2004, 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: 6 EXECUTED IN TRIPLICATE BOND NO. 212 57 88 PREMIUM: $61,072.00 Premium is for Contract Term and Subject to Adjustment Based on Final Contract Price PI RFOR.M:ANCE BOND NATIONA.L MYFIRE DEPARTMENT 1-WADQUA.RTERS, S'1'A'I'ION :34 PI.:U.IECT SPECIFICATION NO. 1029 KNOW ALL. MEN BY THESEPRESENTS: Thal: WHEREAS, the City Council of the City of National City, by Resolution No. 2004-31 passed the February 17 , 200 4 has awarded to, MARCOTTE + HEARNE BUILDERS, INC. • •• hereinafter designated as the "Principal", the National City Pim Department Headquarters, Station 34 Project, .Specification No. 1029. WHEREAS, said Principal is required under the terms of said contract to furnish a bond fox the faithful perfortnance of said contract. NOW, THEREFORE, we, the Principal and INSURANCE COMPANY OF THE WEST as surety, are held and firmly bound unto th.e City Council of the City of National City, hereinafter called the "Council", in the penal sum of SIX MILLION NINE HUNDRED SEVENTY FOUR THOUSAND FIVE HUNDRED uoly FIVE AND NO/100 lawful money of the United States, for the payment of which sure well and truly to he made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION oh' 'PHIS 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 thet:of 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 a.gree that no change, extension of time, alteration or addition to the terms of the contract or to the work. to be performed there under or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waivenotice of any such change, extension of time, alteration or additions to the terms of the contract or to the wort or to the specifications. 29 PERFORMANCE BOND ( C ONTIN U ED) NATiONAL. CITY FIRE DEPARTMENT KEA DQU A RTERs, STATION :14 ppo.icer sPrIcInc...A-no.tsa No. 1029 In the event suit is brought upon thit; 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 2 rnbie attovncyr:i fee to he fixed by the Court. IN WITNESS WITER.EOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executexl by the Principal and Surecy above named, on the 25th day or FEBRUARY II- HEARNE INSURANCE ANY OF jST (SEAL) (SEAL) AMERI SAN MARTI ATTO -IN-FACT Surety (SEAL) dflffMiNiiJiu (SEAL) Principal 3 0 PERC'O'.1.i.MANC:E iK)NI) (CONTINUED) NATIONAL CITY Mil I)I I)A.R.TMENT FIE?A1)QUAR'TVR,S, STATION 34 PROJECT. SPECIFICATION NO. 1029 ATTORNEY -TN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OJ: ) ss On this day of ,200_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be die person whose name is subscribed to the within instrument as the attorneyin-fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said. corporation thereto as Surety, and his own name as attorney -in -tact. NOTE: Signature of those executing for Surety must be properly acknowled.gecl . NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: APPROVED AS TO FORM; By; a. George H. Eiscr, TTT City Attorney 31 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C�r2C�C���C�C�C�C���Cr�C� 'C , �; CSC . c�CrCra �.✓c�C��C��C�C�C .'c�C�C • State of California County of N‘I`t\ On c� Z before me,CQ�� ▪ Name and Title of Officer (e.g., "Jane Doe, Notary Public') Date \\ �\ • M �c personally appeared * MARIANNE THOMAS t y ; _____on 01447433 Pak - Calitornis • ' ▪ .'4"' Sns Diego County My Esp. Oct. 27,, 2007 Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4s{are subscribed to the within instrument and acknowledged to me that heisheithey executed the same in his4eratheir authorized capacity(ies), and that by RislheW/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. Signature of Notary Public OPTIONAL 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 this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here tCv.�6�..✓:v::�4�'.:1Lvti4iNxy../.vv:vG.,"&✓.v4-✓.4xJ1/,.s&i"ti:.✓:v.,y1z,i1v6�:v:�T�j Reorder: Call Toll -Free 1-800-876-6827 ©1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Cha worth, CA 91313-2402 • .nalionalnotary.org Prod. No. 5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California i CFi County of S03Y\ QQ, v ss. 0 I h� /i On a - & \ '�� before me, C'A d i\IV\nL �0,- "' Date \ \ 1,Name and Title of Officer (e.g., "Jane Doe, Notary Public") Apersonally appeared �� v l � , vv `� Name(s) of Signer(s) \ r� ersonally known to me ❑ proved to me on the basis of satisfactory 0 (G evidence �: to be the person(s) whose name(s) is7tare subscribed to the within instrument and >> A�+4.�»�»+ acknowledged to me that qe4 e/they executed 0A ! Y,. MARIANNE the same in his)her/their authorized i 4 , r, .; Cession # 447433 capacity(ies), and that by hic/her/their tz 4-/ "Sea signature(s) on the instrument the person(s), or 0e j as M' 2007 # the entity upon behalf of which the person(s) 0% acted, executed the instrument. 0 WITNESS my hand and official seal. 0 gSignature of Notary Public ,"; ai ; OPTIONAL 5� ;y Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent y7 It fraudulent removal and reattachment of this form to another document. 'A Description of Attached Document 4 ATitle or Type of Document: ai $ y (N Document Date: Number of Pages: Lg Signer(s) Other Than Named Above: i Capacity(ies) Claimed by Signer or ;Signer's Name: % RIGHT THUMBPRINT $ OF SIGNER AI: Individual Top of thumb here f, 1 ft A ❑ Corporate Officer — Title(s): r4 ❑ Partner — ❑ Limited ❑ General y; k ❑ Attorney -in -Fact yi 4 ❑ Trustee 0 ❑ Guardian or Conservator jS 4 ❑ Other: P v. Signer Is Representing: . g ai 4 C : C• -s-a-s.-.a`.a`.a,-.a.�a.�a�.a�...-a,..`.a_..-s.-a.�s.-a. s. -. .._.-s.-_�._-_-s.-s.-.`.--a`s-- J$ © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.netionalnotary.org Prod. No. 5907 Reorder Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO On 2-25-04 Date }ss- before me, MARIA V DRIPPS, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared AMERICA SAN MARTIN Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence MARIA V. DRIPPS Commission # 1388010 ? Notary Public - California ; San Diego County My Comm. ExpiresNov29 2C06 to be the person(li whose name(1) is/ice subscribed to the within instrument and acknowledged to me that7a/she/executed the same in NM/her/MR authorized capacity(ies), and that by NN/her/X signature(N) on the instrument the person(s, or the entity upon behalf of which the person(gt acted, executed the instrument. WITNESS my hand and official seal. v Signature • lic OPTIONAL 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 this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 No. 0001363 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint DAVID L. WALKER, LAWRENCE F. MCMAHON, LETICIA SAN MARTIN, CHRISTINE A. PATERSON VALERIE M. PEARCE, BART B. STEWART, JACK T. WARNOCK, AMERICA SAN MARTIN their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. John H. Craig, Assistant Secretary State of California County of San Diego SS. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. # NORMA PORTER COMM. #1257540 0 NOTARY PUBLIC-CALIFORNIA N ___c SAN DIEGO COUNTY A my ARCH 19, 2004es 1 RESOLUTIONS ��2nte, 4,6,1) Norma Porter, Notary Public This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attomey appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf oldie Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in fill] force and effect, and has not beenrevoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 25th day of FEBRUARY , 2004 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. I.C.W. GROUP Insurance Company of The West The Explorer Insurance Company Independence Casualty and Surety Company 11455 El Canino Real. San Diego. CA 92130-204.5 P.O. BOX 85563. San Diego. CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com Bond Number: 212 57 88 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is One Dollar ($1.00). Important Notice: The cost of terrorism coverage is subject to change on any bond that premium is charged annually. EXECUTB7) IN TRIPLICATE BOND NO. 212 57 88 PREMIUM: INCLUDED PAYMENT BOND NATIONAL CITE' FIRE i)J.Li'.A R I'n1ltN f 'HEADQUARTERS, STATION 2,4 I'kt:>JF:CT S.i 3CIFICATION NO. 1(J2. KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Cc>urcil of the City of National City, by Resolution No. 2004-31, passed the February 17 , 71) 4 has awarded to MARCOTTE + HEARNE BUILDERS. INC. hereinafter designated as the:: "PrineihaI , the NaatinuaI City I IT 1 Jena riment l-It.:o-mdcl1.1aNets , Station 34 PI>jec(, Specification No. I029. 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 'pond in connection with said contract; NOW, THEREFORE, we, the Principal and INSURANCE COMPANY ������O��F,� THE WEST as surety, are held and firmly bound untotbe SIX MILLIVN"�i (HUNb1tEDtYStirr l ty c:r called the "Council", in the penal sun, of FIVE HUNDRED ETC.HTY FIVE AND NO/100— lawful money of the United States, for the payment of which sum well and truly to he 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,s'hall fail to pay any of the persons aimed in Section 31.81 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, withhelt, and paid over to the Franchise Tax Board krona 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 arid labor the Surety will pay for the same in an amount nDt exceeding the snrn 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, PAYMENT BOND (CONTINUED) NATIONAL, CITY EIRE DEPARTMENT 1II-EAr)QUAI:'1'ER,S, S"rA.TIUN 34 PRO.I13C.'[' SPCCIFICA.'I'roN NO, i029 It is further stipulated and -agreed that the Surety on this bond shall not be exonerated or released from the obligation of Ibis 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 pymont 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 tin 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 sir•onglyagainst the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shalt 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 FEBRUARY ,200 4 . Surety (S.LAL) CAA lar 33 Print .pal (SEAL) (SEAL) (SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On rN) al, a�� k before me, '( v `bid GIN-NTN) "� • Date \ 1 Name and Title of Officer (e.g., "Jane Doe, personally appeared Q\T•%NrN ZA1� Name(s) of Signer(s) ersonally known to me ❑ proved to me on the basis of satisfactory evidence �rT MARIANNE TFIOFAA$1 Commission S1447433 � Novo County Exp.Oct. V. 2007 to be the person(s) whose name(s) is�are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by pis/Jaer/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. Signature of Notary Public OPTIONAL 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 this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ® 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California {� County of DN\ l�� , C,,(\ }ss. On • ate' •-\ before me, \ a Date , NNaame and TS�off Officer (e.g., "Jane Doe, Notary Public') personally appeared \,\\ ),INIYN i • \� w v "C Name(s) of Signer(s) ersonally known to me ❑ proved to me on the basis of satisfactory evidence MARIANNE THOMAS } Commission •1447433 4 Sam Eliseo county My Cron Esp. Oct. 27, 2007 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL 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 this form to another document. RIGHT THUI OF SIG PRINT R Y• $)i '1• J'4 � S Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here ®1999 National Notary cation • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 PAYMENT BONE) (CONTINUED) NA 1 RN Al C'.I'I'1' 1 IR,I..D.L'.I'AR'1'.1Y11'N'1' l.il_iAAi;'1"1"I:,S, .S`1'.A'1'ION 1]'ff0,11 C"1 S1•'LC'TFICATl(')N Ni). 1020 A` PORN w..IN-FACT ACKNOWLEDGEMENT OF SURETY STATE OP ss COUNTY O1:'' On Chin day of 2OO , before me, the undersigned, a Notary Public in and fin' ;aid County and State, personally appeared known to ate to be the person whose name is subscribed to t:I•ie within instrument as the attorneyin-face cif the , the corporation named as Surety in said instrument, and acknowledg,,ed .to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact.. NOTE: Sitmature of those executing, for Surety rrmst bc. properly acknowledged. NOTE_ The Attorney -in -fact shall attach a certified copy of the Power of At:toTilcy. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED ASTO POEM: .By: George H. Elsa, III City Attorney 34 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT SjS/wC . C�<��C/.'Nw��N���.•�Z��C/T\%1"/a'�Ya'C/w��w'�������•/a�e/at���Ja'C/TC��/wC . C/c1➢ State of California County of SAN DIEGO On 2-25-04 before me, MARIA V. DRIPPS, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared AMERICA SAN MARTIN Name(s) of signer(s) X personally known to me ❑ proved to me on the basis of satisfactory evidence MARIA V. DRIPPS Commission # 1388010 Notary Public - California San Diego County f My Comm. ExpresNov29, 2005 to be the person(a whose name%) is/iX subscribed to the within instrument and acknowledged to me that$i/she/executed the same in IN/her/KM authorized capacity(ies), and that by X/her/m signatureg) on the instrument the person(4, or the entity upon behalf of which the person(gt acted, executed the instrument. WITNESS my hand and official seal. Signatur of Nota ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator LI Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here E. .E. .• .E 01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationelnotary.org Prod. No. 5907 Reorder Cali Toll -Free 1-800-876-6827 1 No. 0001363 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of Califomia, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint DAVID L. WALKER, LAWRENCE F. MCMAHON, LETICIA SAN MARTIN, CHRISTINE A. PATERSON VALERIE M. PEARCE, BART B. STEW ART, JACK T. WARNOCK, AMERICA SAN MARTIN their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. John H. Craig, Assistant Secretary INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President State of California County of San Diego 5 SS. On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. . s.` NORMA PORTER COMM. #1257540 NOTARY PUBLIC-CALIFORNIA V) SAN DIEGO. COUNTY n My Commission Expires 19, 2004 Norma Porter, Notary Public RESOLUTIONS This Power of Attomey is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, andany related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 25th day of FEBRUARY , 2004 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number, the above named individual(s) and details of the bond to which the power is attached. I.C.W. GROUP Insurance Company of The West The Explorer Insurance Company Independence Casualty and Surety Company 11455 El Camino Real, San Diego. CA 92130-2045 P.O. BOX 85563. San Diego. CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com Bond Number: 212 57 88 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is One Dollar ($1.00). Important Notice: The cost of terrorism coverage is subject to change on any bond that premium is charged annually. FEB-26-04 THU 10:16 AM DRIVER ALLIANT INS SVCS FAX NO. 619 6991372 P. 01/04 INSURED CO LTR A 13 D DRIVER ALLIANT INSURANCE 1620 FIFTH AVENUE SAN DIEGO, CA 92101 LICENSE #0C36861 MarcolLe Hearne Builders Inc 11691 Sorrento Valley Rd,#200 San Diego CA 82121 2/25/04 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, COMPANIES AFFORDING COVERAGE , _ COMPANY A MT. HAWLEY INSURANCE CO. COMPANY ALLSTATE INSURANCE CO. COMPANY COMPANY MT HAWLEY INSURANCE CO. nits IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITIISTANDING ANY REQUIREMENT, TERM DR CONDITION OP ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 1HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES UM'S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE -----------------.--- 5NERAL LIABILITY x COMMERCIAL CLNERAL LIABILITY CLAIMS MADE [7<] °CCM OWNER'S & CONTEACTOR's pHO AUTOMOBILE LIABILITY ANY ALO 0 L OWNED Ali MS ECI WWI FD AUTO E MIRED AUTOS NON OWNED AU rOS GARAGE LIMIT( Y ANY AU70 EXCESS 11AB:111Y X UNIIIRLI.I.A row THAN UMORELLA FORM — WORKERS COMPENSATION AND EMpLOYERSLIABILITY THE PROPRIETOR/ PARTNEI‘S/EXECUT iVe OFFICERS AllE, nue./ NumirER POLICY EFFECTIVE DATE INIM/D0tYY1 POLICY EXPIRATION PATS MINIM:VW} LIMITS MGL130218 048619034 8/11/03 8/11/04 GENERAL AGGREGATE PRODUCTS - COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any ono tiro) MED EXP (Any ono PhIfArti 2000000 , 6 1000000 1000000 6 1000000 6 50000 5000 8/11 /03 8/11 /04 COMBINED SINGLE UMIT ROOM INJURY (Po( potwn) BODILY INJURY put pooldern1 PROPERTY DAMAGE 8 1000 000 INC!. VP.cL MXto3se?21 AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE 6 8/11 /03 13/11 /04 EACH OCCURRENCE AGGREGATE oTMEI PER PROJECT AnCifiGGATE PER LOCATION okSOMPTKWOF OPLIIATIONS/LOCArIONSaHICIESISKOIAL ITEMS - RE: SPEC NO 1020/ CITY OE NATIONAL CITY ITS OFFICIALS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AUTHORIZED VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED AS RESPECTS THE OPERATIONS OF THE NAMED INSURED PER ATTACHED ENDORSEMENT. CITY OF NATIONAL CITY DEPARTMENT OF PUBLIC WORKS 1243 NATIONAL CITY BLVD NATIONAL cry, CA 919ii0 1.000.2.00_ 6 1000000 INC STATU• LOTH- V . FW i Mfrs FR EL EACH ACCIDENT EL DISEASE . POLICY LIMIT EL DISEASE CA EMPLOYES 6 6 •1 10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM EllOuLD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED IOGPMATioN PATE THEREOF, THE ISSUING COMPANY WILL ENDEyeVOR-4.61 MAIL .30 DAYS WRITTEN NOTICE TO TILE CERTIFICATE HOLDER NAMED TO THE LEFT, BEFORE THE AUTHOR RESENTATI (#07416/' FEB-26-04 THU 10:16 AM DRIVER ALLIANT INS SVCS FAX NO, 619 6991372 P. 02/04 POLICY NUMBER: MGL736218 MARCOTTE & HEARNE BUILDERS, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILIT�C�COVERAGE PART. Name of Person or Organization: CITY OF NATIONAL CITY, ITS OFF'ICI,ALS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AUTHORIZED VOLUNTEERS RE SPEC NO 1029 (If no entry appears above, information required to complete to this endorsement will be shown in the Declarations as applicable endorsement.) WIIO IS INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled above and other insurance which may be available to such additional insureds will be non-contributory. SECTION IV., CONDITION 4., of this policy is amended accordingly. All other Terms and Conditions of this Policy remain unchanged. CGL 216 (04/96) FEB-26-04 THU 10:16 AM DRIVER ALLIANT INS SVCS FAX NO. 619 6991372 P. 03/04 Policy No. MGLO136218 Mt Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: All persons or organizations where required by written contract. (it no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITION$) is amended by the addition of the following: We waive any right or recovery we may have against the person or organization shown in the Schedule above because of pay- ments wC rnako for injury or damage arising out of your ongoing operations or "your work" dono under a contract with that person or organization and included In the "products -completed operations hazard". This waiver applies only to the parson or organiza- tion shown In the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Pago 1 of 1 FEB-26-04 THU 10:17 AM DRIVER ALLIANT INS SVCS FAX NO. 619 6991372 P. 04/04 CERTIFICATE HOLDER COPY STATE P.O, BOX 420807, SAN FRANCISCO, CA 94142-0807 COMI'L"NSATION i N S U R R N e e FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE FEBRUARY 26, 2004 CITY OF NATIONAL CITY DEPARTMENT OF PW LIC WORKS 1243 NATIONAL CrTY BLVD NATIONAL CITY CA 91950 GROUP: POLICY NUMBER: 1733767-2001 CERTIFICATE ID: 2G CERTIFICATE EXPIRES: oa-11-2004 00-11-2003/06-13.-2004 $PSC NO 1029 ThIs is to certify that we have Issued 21 valid Worker's Compensation insurance policy In a form approvod by the California Insurance Commissioner to tho employer namod below for the policy period indicated, This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to trio employer. Wo will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an Insurance policy and does not amend, extond or altar the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the Insurance affordod by the policies described herein I, subject to all the torms, exclusions, and conditions, of such policies. c AUntORIZE0 REPf.ESFNIATIVE eassio NT EMPLOYRR'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT 420GS ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-11-2003 IS ATTACHE!) 10 ANT) FORMS A PART 0p' THIS POLICY. ItiNDORSEM1IT ft2570 ENTITLE!) WAIVER OF SUBROGATION EFFECTIVE 02-26-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME;: CITY OF NATIONAL CVI'Y ENDORSEMENT 11206:5 E+NTITLED CERTIFICATE MOLDERS' NOTICE EFFECTIVE 08-11-2003 IS ATTACHED 'CO AND FORMS A PART OF THIS POLICY. EMPI BY6.Fl MARCOTTE ) HE:ARNE BUILDERS, INC 11606 SORRENTO VALLEY RD If 200 SAN DIE100 CA R2121 ECU', t0262E IEPF-ill: CLR1 City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 March 4, 2004 Mr. William M. Marcotte, CEO Marcotte & Hearne Builders Inc 11696 Sorrento Valley Road, Suite 200 San Diego CA 92121 Project: National City Fire Station No. 34 Spec. No. 1029, Awarding Resolution 2004-31 Dear Mr. Marcotte, On February 17, 2004, the City Council of the City of National City passed and adopted Resolution No. 2004-31, awarding a contract to Marcotte & Hearnes Builders Inc. for the National City Fire Department, Station 34 Project Engineering Spec. No. 1029. We are pleased to enclose one fully executed original contract, payment bond, performance bond, and one copy of the Certificate of Insurance for your records. Should you have any questions, ' please contact Mr. Stephen Kirkpatrick, Acting Director of Public Works/Engineering at (619) 336-4380. Michael R. Dalla, CMC City Clerk MRD/mla Enclosure cc: Engineering File C2004-9 Recycled Paper MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT Fehruary 17, 2004 AGENDA ITEM NO. 17 / ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A CONTRACT TO MARCOTTE & HEARNES BUILDERS, INC. FOR THE NATIONAL CITY FIRE DEPARTMENT, STATION 34 PROJECT, SPECIFICATION 1029 PREPARED BY Stephen Kirkpatrick 336-4383 EXPLANATION See attached explanation. DEPARTMENT Public Works/Engineering ( Environmental Review Financial Statement Funding for this project is 250-409-500-598-1588 301-409-500-598-1588 302-409-500-598-1588 X N/A available in the following accounts: $ 6,866,729 $ 202,500 $ 2.225.000 STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A Approved By: '^n^ nance Dire •tor Account No. ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. 2004-31 A-200 991 EXPLANATION: Bids were opened for the National City Fire Department, Station 34 project on Wednesday February 4, 2004 at 3:00 pm. Plans had been advertised for construction bid since December 31, 2003, so there was approximately a five -week bidding period. The construction estimate for the project is $7,095,000. Six bids were received, in order from low to high: MARCOTTE & HEARNE BUILDERS T.B. PENICK & SONS, INC. CE WYLIE CONSTRUCTION CO. SOLPAC, INC RIHA CONSTRUCTION CO. A & D FIRE PROTECTION, INC. $ 6,749,000 $ 6,945,000 $ 6,950,000 $ 6,985,000 $ 7,200,000 $ 7,330,000 By speaking with Marcotte and Hearne Builders regarding the project, by speaking with other Architects that have worked with Marcotte and Hearne Builders, by checking references, and speaking with listed subcontractors in Marcotte and Hearne Builders' bid, it appears that we have a good contractor and a quality price — 4.8% below our construction estimate. The project is being awarded based solely on the base bid cost. However, the contract contained three additive alternatives and four deductive alternatives that could be utilizedif the base bids came in above or below the budgeted project amount. By creating the alternates in the bid documents, the goal was to give the City flexibility to move forward with the project by using the alternates if it was needed to reduce the cost, and thereby avoiding the need to redesign and re -bid if the proposals were too high. As stated previously, Marcotte and Hearne Builders' proposal was below our estimate. In reviewing the alternate items and the proposal our budget allows us to add all three alternates. Add Alternate One is the a fifth Story on the training tower - $87,055. Add Alternate Two is a fully automated fire control system (burn room for live fire training) - $137,380. Add AlternateThree is a one-year (in addition to the one-year warranty) on the HVAC system. - $1,150 Including all three alternates the total construction cost of the project is $6,974,585, still 1.7% below our budget estimate of $7,095,000 RESOLUTION NO. 2004 — 31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO MARCOTTE & HEARNES BUILDERS, INC. FOR THE NATIONAL CITY FIRE DEPARTMENT, STATION 34 PROJECT ENGINEERING SPECIFICATION NO. 1029 WHEREAS, the Engineering Department did, in open session on February 4, 2004, publicly open, examine and declare all sealed bids for the National City Fire Department, Station 34 project, Specification No. 1029. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Fire Department, Station 34 project to the lowest responsive, responsible bidder, to wit: MARCOTTE & HEARNES BUILDERS, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract between Marcotte & Heames Builders, Inc. and the City of National City for the National City Fire Department, Station 34 project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of February, 2004. Nick Inzunza, Mayor ATTEST: Michel R. Dalla, C Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on February 17, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-31 of the City of National City, California, passed and adopted by the Council of said City on February 17, 2004. ational City, California By: Deputy