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HomeMy WebLinkAbout2004 CON Jaynes Corporation - Library Construction02/19/2004 09:19 6196684096 JAYNES CORP. OF CA PAGE 02 CONTRACT NATIONAL CITY PUBLIC LIBRARY PROJECT SPECIFICATION NO. 1028 ORIGINAL THIS CONTRACT, made and entered into this February 10, 2004 by and between the City of National City, California, herein after designated as the "City", and Jaynes Corporation of California, 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 PUBLIC LIBRARY PROJECT SPECIFICATION NO. 1028 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 Eleven Million - Four Hundred Seventy Six Thousand -Four Hundred -Forty Four Dollars ($11,476,444.00). 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. 1 02/19/2004 09:19 6196684096 JAYNES CORP. OF CA PAGE 03 CONTRACT (CONTINUED) NATIONAL CITY PUBLIC LIBRARY PROJECT SPECIFICATION NO. 1028 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 an 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 02/19/2004 09:19 6196684096 JAYNES CORP. OF CA PAGE 04 CONTRACT (CONTINUED) NATIONAL CITY PUBLIC LIBRARY PROJECT SPECIFICATION NO. 1028 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 final 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 02/19/2004 09:19 6196684096 JAYNES CORP. OF CA PAGE 05 CONTRACT (CONTINUED) NATIONAL CITY PUBLIC LIBRARY PROJECT SPECIFICATION NO. 1028 8. If any party brings a suit 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 out -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 requited 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 first above written. CON'1'IIA,CTOR: CITY: By: ick Mar ardt Title. Presiden By: c =r. o en Title: Senior Vice President Federal ID. No. By: Title: Ci Clerk, City of ational Ci 74-2969109 (Notaries acknowledgement of execution by all � � CIPALS OF CONTRACTOR shall be attached.) 4 02/19/2004 09:19 6196684096 JAYNES CORP. OF CA PAGE 06 CONTRACT (CONTINUED) NATIONAL CITY PUBLIC LIBRARY PROJECT SPECIFICATION NO. 1028 CORPORATE CERTIFICATE 1, Wayne davenport certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Rick Marquardt 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 Wayne Davenport certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Richard Cohen , who signed said contract on behalf of the Contractor, was then Senior Vice President of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: A, 1/!, Wayne idavenport 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r�l,%�,,C`.F.f`,�',G!'�.,�'�iF^'�.4�'�_�E'i`.G'�,G�'�G'r74�1"--CM.G- F'�.£'i'�G�',�'�C�`�'GS"�G'.C�f.�%G4'ti�..'.E:y.G'7'"�`•G�h�i'"/.Yi4'`S�Ci�('FIS`�<`.6�f`�v�•GYi6C'�'�Fi,(`�,F, Ifi fi I• State of California County of San Diego On February 23, 2004before me, Date personally appeared z Kathryn A Pfaff, Notary public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Rick Marquardt and Richard Cohen Name(s) of Signer(s) a personally known to me ❑ proved to me on the basis of satisfactory evidence ISi l:l iie N A. AFF Cori`nml§gib i # 1A'W5ci6 z Notary @hr�fie CcififdrYiib' PflW CouhTy �Y tYi " 74, 2IX7b Place Notary Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 041xecuted the same in J:4 = '' authorized capacity(ies), and that by his/her heir 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. 7,h Al OPTIONAL Signature of Notary 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: National City C ontract Document Date: February 10, 2004 Number of Pages: 6 Signer(s) Other Than Named Above: Wayne Davenport Capacity(ies) Claimed by Signer Signer's Name: Rick Marquardt and Richard Cohen ❑ Individual ❑XCorporate Officer - Title(s): President and Sr. Vice President ❑ Partner — E Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Jaynes Corporation of California RIGHT THUMBPRINT OF SIGNER Top of thumb here 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder Call Toll -Free 1-800-876-6827 02/19/2004 09:19 6196684096 JAYNES CORP. OF CA PAGE 07 CONTRACT (CONTINUED) NATIONAL CITY PUBLIC LIBRARY PROJECT SPECIFICATION NO. 1028 PARTNERSHIP CER17k'JCATE STATE OF ) COUNTY OF ) ss On this day of , 200_, 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 Bond # 929318945 PERFORMANCE BOND NATIONAL CITYPUBLIC LIBRARY PROJECT SPECIFICATION NO. 1028 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2004-],9 passed the February 11, 2004 , 200 has awarded to Jaynes Corporation Of California hereinafter designated as the "Principal", the National City Public Library Project, Specification No. 1028. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and National Fire Insurance Company Of Hartford as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Eleven Million Four Hundred Seventy -Six Thousand Four Hundred Forty -Four and No/100 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH .THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly _keep and perform the covenants, conditions and agreements in the. said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such rhange, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. 30 PERFORMANCE BOND (CONTINUED) NATIONAL CITY PUBLIC LIBRARY PROJECT SPECIFICATION NO. 1028 In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instnunent, 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 11 th National Fire Insurance Company Of Hartford (SEAL) O Carl S. Conlee, III, Attorney -In -Fact (SEAL) Surety Principal day of February , 200 4 . (SEAL) (SEAL) Vice President (SEAL) 31 PERFORMANCE BOND (CONTINUED) NATIONAL CITY PUBLIC LIBRARY PROJECT SPECIFICATION NO. 1028 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF New Mexico ) ) ss COUNTY OF Bernalillo ) On this llth day of February , 200 4, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Carl S. Conlee, III known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the National Fire Insurance Company Of Hartford , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact NOTE: Signature of those executing for Surety must be properly acknowledged. Signature: (CL icc� Name (Type or Print): Patricia Joyce Thurston NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Notary Public in and for said County and State My Commission expires: May 18 2005 APPROVED AS TO FORM: By: / 0--a`'--- George H. Eiser, III City Attorney 32 Bond # 929318945 PAYMENT BOND NATIONAL CITY PUBLIC LIBRARY PROJECT SPECIFICATION NO. 1028 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2004-19, passed the February 11 , 2004 has awarded to Jaynes Corporation Of California , hereinafter designated as the "Principal", the National City Public Library Project, Specification No. 1028. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and National Fire Insurance Company Of Hartford as surety, are held and firmly bound unto the fi 'ie ,t `eAt:'t' is o sEifiafter called the "Council", in the penal sum of our un red o y- our an +0--- lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. TEIE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors,administrators, successors, or assigns, shall fail to pay any of the personsnamed in Section 3181 :of the California Civil Code,or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for.any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of theRevenue and Taxation Code, with respect to such work and labor the Surety will pay for the ::same in an amount not exceeding the sum hereinafterspecified, and also, in case suit is brought upon this bond, a reasonable attomey's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 318! 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, 33 PAYMENT BOND (CONTINUED) NATIONAL CITY PUBLIC LIBRARY PROJECT SPECIFICATION NO. 1028 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for perfomiance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claintants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 11 th day of February , 200 4 . National Fire Insurance Company Jaynes Corporation Of Hartford (SEAL) of C forma (SEAL) S (� ��QEA'L) (SEAL) Carl S. Conlee, III Attorney -In -Fact (SEAL) Richard Cohen, Sr. Vice Pre,SeklutP Surety Principal 34 PAYMENT BOND (CONTINUED) NATIONAL CITY PUBLIC LIBRARY PROJECT SPECIFICATION NO. 1028 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF New Mexico ) as COUNTY OF Bemalillo On this day 11 th and for Carl S. Conlee III of February , 200 _, before me, the undersigned, a Notary Public in said County and State, personally appeared known to nie to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the National Fire Insurance Company Of Hartford , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged Signature: NOTE: The Attorney -in -fact shall attach a certified copy of the Power of Attorney. Name (Type or Print):,'Patricia'Joyce Thurston (Notary Public in and for said County and State) My Commission expires: May 18, 2005 APPROVED AS TO FORM: George H. Eiser, III City Attorney 35 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of NEW MEXICO County of BERNALILLO On 2/11/04 DATE before me, PATRICIA JOYCE THURSTON NAME, TITLE OF OFFICCR - cgi, "LANE DOE, NOTARY PUBLIC personally appeared CARL S. CONLEE, III NAMES) OF SIGNER(S) X personally known to me = OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/ their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SS my hand and official seal. SIGNATU F NOT Y Expires: May 18, 2005 IO AL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: —OPTIONAL SECTION --- CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary m fill in the data below, doing so may prove invaluable to persons relying on the documcnt. X INDIVIDUAL CORPORATE OFFICER(S) TITLE(s) PARTNER(S) LIMITED GENERAL X ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OT HER SIGNER IS REPRESENTING: NAME OFPERSON(S) OR ENT1TY(IES) National Fire Insurance Company of Hartford Though the data requested here is not required by law, could prevent fraudulent reattachment of this form. Aar NUMBER OF PAGES* DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Robert L Brooks, Bart H Kinney III, Michael L Chrestman, Carl S Conlee III, Dean E Vigil, Sarah J Hamilton, David D Gebhardt, Individually of Albuquerque, NM, their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 14th day of January, 2004. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Vice President State of Illinois, County of Cook, ss: On this 14th day of January, 2004, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL ELIZA PRICE NOTARY PUBLIC, STATE OF LLINOIS MY COMMISSION WIRES: 09N7/06 My Commission Expires September 17, 2006 Eliza Price CERTIFICATE Notary Public I Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this l l th day of February 2004 . Form F6853-11/2001 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Qceal.„„sez, Mary A. Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX —Execution of Documents Section 3. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney -in -fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI —Execution of Obligations and Appointment of Attorney -In -Fact Section 2. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney -in -fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17s` day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in -Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." ACORD,, CERTIFICATE OF INSURANCE ISSUE DATE 02/13/2004 PRODUCER MCGRIFF, SEIBELS & WILLIAMS, INC. P.O. Box 10265 Birmingham, AL 35202 205-252-9871 This certificate is issued as a matter of information 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 American Contractors Ins Co RRG A INSURED Jaynes Corporation of California; Contractor's Leasing, Ltd. 8530 La Mesa Blvd., Suite 305 La Mesa, CA 91941 Company B ACIG Insurance Company Company C Landmark American Ins. Co. Company D Company E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CO LT TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY A GENERAL LIABILITY ❑x Commercial General Liability ❑ Claims Made I1 Occurrence ❑ Owners' and Contractors' Protection ❑ ❑ General Aggregate Limit applies per: ❑ Policy I J Project ❑Location GLD0300138 07/23/2003 06/01/2004 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE $ 100,000 MEDICAL EXPENSE $ 5,000 PERS. AND ADVERTISING INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS AND COMP. OPER. AGG. $ 2,000,000 A AUTOMOBILE LIABILITY p Any Automobile ❑ All Owned Automobiles ❑ Scheduled Automobiles ❑ Hired Automobiles ❑ Non -owned Automobiles ❑ ALR0300055 07/23/2003 06/01/2004 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) COMPREHENSIVE COLLISION B WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WCD03000279 07/23/2003 06/01/2004 WC Statutory Limit x Other EL EACH ACCIDENT $ 1,000,000 EL DISEASE (Each employee) $ 1,000,000 EL DISEASE (Policy Limit) $ 5,000,000 C EXCESS LIABILITY ❑ Occurrence ❑Claims Made LHA209774 09/30/2003 06/01/2004 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 Project Name: National City Public Library, 1401 National City Boulevard, National City, CA 91950 The City of National City, it's officials, employees, agents, representatives and authorized volunteers are additional insured under the General Liability as required by written contract and as shown on the attached CG2010 (11/85) and waiver of subrogation is provided as required by written contract for the Workers Compensation coverage. See attached Notice of Cancellation Amendatory Endorsement. CERTIFICATE HOLDER City of National City 1243 National City Boulevard National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTA FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ISSUER, COMPANY, ITS AGENTS OR REPRESENTATIVES. Authorized Representative '', ..4F =.;q o.±4 `.. Certificate ID# OZSIDTYX ENDORSEMENT The following spaces preceded by an asterisk (') need not be completed if this endorsement and the policy have the same inception date. ATTACHED TO AND FORMING PART OF POLICY NO. GLD0300138 'EFFECTIVE DATE OF ENDORSEMENT 2/13/04 'ISSUED TO Jaynes Corporation of California ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of National City, it's officials, employees, agents, representatives and authorized volunteers. IT IS FURTHER AGREED THAT THE INSURANCE PROVIDED BY THIS ENDORSEMENT IS PRIMARY. OTHER INSURANCE AFFORDED TO THE ADDITIONAL INSURED SHALL APPLY AS EXCESS OF, AND DOES NOT CONTRIBUTE, WITH THE INSURANCE PROVIDED BY THIS ENDORSEMENT. WHO IS AN 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. All other terms and conditions remain unchanged. Endorsement No. 14 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned Policy, other than as above stated. Agency Name and Address Carrier Name and Address • ACIG Insurance Agency, Inc. • American Contractors Insurance Company • 12222 Merit Drive, Suite 1660 Risk Retention Group Dallas, TX 75251 12222 Merit Drive, Suite 1660 (972) 702-9004 Dallas, TX 75251 • • (972) 702-9004 CG20101185 NSP:jg50038UN`.02/I3/04 ENDORSEMENT The following spaces preceded by an asterisk (') need not be completed if this endorsement and the policy have the same inception date. ATTACHED TO AND FORMING PART OF POLICY NO. GLD0300138 'EFFECTIVE DATE OF ENDORSEMENT 02/13/04 'ISSUED TO Jaynes Corporation of California NOTICE OF CANCELLATION AMENDATORY ENDORSEMENT It is hereby understood and agreed that the below certificate holder will receive 30 days advance written Notice of Cancellation: City of National City i, J'1 National City , , ice•+.) INaiwnal . Ity Boulevard National City, CA 91950 This policy shall not be canceled or reduced in required limits of liability or amounts of insurance until notice has been mailed to the City stating date of cancellation, reduction or other adverse change respecting such insurance. The date of cancellation, reduction or other adverse change may not be less than thirty (30) calendar days after date of mailing notice. All other terms and conditions remain unchanged. Endorsement No. 13 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned Policy, other than as above stated. Agency Name and Address ACIG Insurance Agency, Inc. 12222 Merit Drive, Suite 1660 Dallas, TX 75251 (972) 702-9004 • CH:kb:50037UN\02! 13/04 Carrier Name and Address • American Contractors Insurance Company • Risk Retention Group 12222 Merit Drive, Suite 1660 Dallas, TX 75251 • (972) 702-9004 • ACORa CERTIFICATE OF LIABILITY INSURANCE DATE 02/13/2004) PRODUCER (505)262-2621 FAX (505)266-2878 Kinney Agency, Inc. 320 Osuna Road NE Suite G-1 Albuquerque, NM 87107 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Jaynes Corporation of California 8530 La Mesa Blvd. Suite 306 La Mesa, CA 91941 INSURERA: Fireman's Fund Insurance INSURERB: INSURERC: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TR ADD'L NSRj' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATF 1MM/DDA'Y1 POLICY EXPIRATION DATE IMM/DD/YYl LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PRFMISFS (Fa nrnIrPnrP) $ CLAIMS MADE ❑ OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY n PE� n LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT— (Ea accident) $ BODILY INJURY (Per person) — BODILY INJURY (Per accident) $ _ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below I WC STATU- TORV I IMITS FR TORY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTtFRders Risk Coverage BuilA Special Form or DIC Coverage MXI98382793 10/04/2003 10/04/2004 $10,000,000 Limit $5,000 Deductible DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: National City Public Library - 1401 National City Blvd., National City, CA Owners are included as named Insureds under the Builders Risk Policy. Policy was endorsed with respects to this project to increase the limit to $11,476,444. The City of National Ci ty 1243 Nati onal Ci ty Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE aC (� g W_�7� Sam Conlee/GTR ACORD 25 (2001/08) ©ACORD CORPORATION 1988 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Fehruary 10, 2004 AGENDA ITEM NO. 1 / ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A CONTRACT TO JAYNES CORPORATION OF CALIFORNIA FOR THE NATIONAL CITY PUBLIC LIBRARY PROJECT, SPECIFICATION NO. 1028 PREPARED BY Stephen Kirkpatrick 336-4383 EXPLANATION See attached explanation. DEPARTMENT Public Works/Engineering Environmental Review N/A Financial Statement Funding for this project is available as follows: 241-409-500-598-1583 $10,373,445.00 242-409-500-598-1583 5,606,126.00 $15 Q7U .971 00 STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A Approved By: Q' yol Fin nce Director+ Account No. ATTACHMENTS ( Listed Below) Resolution No. 2004-19 1. Resolution A-200 (9:99) RESOLUTION NO. 2004 — 19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO JAYNES CORPORATION OF CALIFORNIA FOR THE NATIONAL CITY PUBLIC LIBRARY PROJECT SPECIFICATION NO. 1028 WHEREAS, the Engineering Department of the City of National City did, in open session on January 27, 2004, publicly open, examine and declare sealed bids for the National City Public Library Project, Specification No. 1028. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Public Library Project to the lowest responsive, responsible bidder, to wit: JAYNES CORPORATION OF CALIFORNIA 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 Jaynes Corporation of California and the City of National City for the National City Public Library Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 10th day of February, 2004. ATTEST: Michael R. Dalla, jty 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 10, 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 erk of the'City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-19 of the City of National City, California, passed and adopted by the Council of said City on February 10, 2004. City Clerk of the City of National City, California By: Deputy EXPLANATION: Bids were opened for the National City Public Library project on Tuesday January 27, 2004 at 3:00 pm. Plans had been advertised for construction bid since December 11, 2003, so there was approximately a six -week bidding period. The construction estimate for the project was $11,640,000. Six bids were received, in order from low to high: TB Pennick and Sons $11,085,000 Jaynes Corporation $11,467,000 CE Wylie Construction $11,890,000 Soltek Pacific $11,974,000 Riha Construction $12,300,000 Wier Construction $13,357,000 Subsequent to the bid opening, TB Pennick and Sons submitted a letter withdrawing their bid citing a clerical error. The withdrawal request has been reviewed by the City Attomey and found to be valid in accordance with Code requirements. TB Pennick's bid is therefore withdrawn. We now move on to Jaynes Corporation of California. By speaking with Jaynes Corporation regarding the project, by speaking with other Architects that have worked with Jaynes Corporation, by checking references, and speaking with listed subcontractors in Jaynes Corporations bid, it appears that we have a good contractor anda quality price - 1.5% below our construction estimate. In addition, Jaynes Corporation appears to have heeded our outreach efforts and reached out to National City subcontractors. Three are listed; Bannister Steel for structural steel, Rick Villarin for fire sprinklers, and Sunburst for electrical. The project is being awarded based solely on the base bid cost. However, the contract contained five deductive alternatives and two additive alternatives that could be utilized if the base bids came in above or below the budgeted project amount. By creating the alternates in the bid documents, the goal was to move forward with the project by using the altemates 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, Jaynes Corporation's proposal was very close to our estimate. In fact, we are able to add to the project one of the alternatives, specifically additional cellular flooring for wiring and cabling increasing the flexibility of the library with respect to computer technology. The second additive alternate was photovoltaic energy producing technology. At this time there is not adequate funding for this work. But as the project proceeds and contingency fund impacts are identified we will re-evaluate our ability to fund this technology This project is being funded by two sources. A California Reading and Literacy Improvement and Public Library Construction And Renovation Bond Act Grant in the amount of $11,112,814 and a City 35% match amount of $6,105,000 resulting from a local General Obligation Bond sale. Therefore the total funding for this project is $17,217,814. Expenditures to date for design, permitting, pre -bid services, finances, etc. is $1,238,874 ($739,369 from the State Grant, $498,874 from the GO Bond), leaving a combined fund balance of $15,979,609 remaining for the project. Please see the Financial Statement on the report cover sheet. The total construction cost of the project is as follows: Construction Base Bid $11,467,000 Alternate Number One $9,444 Architecture/Engineering (Carrier Johnson under contract) $332,514 Construction Management (Douglas E. Barnhart under $292,201 contract) Material Testing and Inspection (Kleinfelder contract $132,500 pending) Carpet (purchase pending from Sid's Carpet Barn — owner $120,000 furnished/contractor installed item) Furniture, Finishes, and Equipment (books stacks; $1,410,439 casework, and window blinds in construction - estimated at $450,000. $43,473 encumbered for FFE design shown in NE balance. Remaining $1,410,439 for FFE to be bid separately) Land — (payment of note pending) Contingency $1,220,000 $995,473 Total $15, 979, 571 City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 March 1, 2004 Rick Marquardt, President Jaynes Corporation of California 8530 La Mesa Blvd Suite 306 La Mesa CA 91941 Project: National City Public Library Project Spec. No. 1028, Awarding Resolution 2004-19 Dear Mr. Marquardt, On February 10, 2004, the City Council of the City of National City passed and adopted Resolution No. 2004-19, awarding a contract to Jaynes Corporation of California for the National City Public Library Project, Engineering Spec. No. 1028. 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. Sincerely, Michael R. Dalla, CMC City Clerk MRD/mla Enclosure cc: Engineering File C2004-4 Recycled Paper