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HomeMy WebLinkAbout2004 CON HCI Inc - Fiber Optic ConnectionCONTRACT FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. TIIIS CONTRACT, made and entered into this 16`11 day of November, 2004 by and between the City of National City, California, herein after designated as the "City", HCI, Incorporated, 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 perfonned by the City, the Contractor agrees with the City to furnish all materials and labor for: FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO I,IE3RARY, SPECIFICATION NO. 04-4. 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 al] 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 lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 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, -25- 6/11/04 CONTRACT (CONTINUED) FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY I IALL TO LIBRARY, SPECIFICATION NO. 04-4. executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The Contractor shall assume the defense of and indemnify and save harmless the City of National City and its officers, employees, and agents, including the private engineer, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from this Contract, or the performance of the work, regardless of responsibility or negligence. 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 America 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 judgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. - 26 - 6/11/04 CONTRACT (CONTINUED) FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. 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 ct seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. 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. CONTRACTOR: By: Title: V CE-PRESIDENT By: �..-46 -1 X �1 CITY: Title: SECRETARY Federal ID. No. By: Title: Mayor, City of National City ATTEST: 95-3601490 By: ic.). Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) -27- 6/ I 1 !04 State of G•/-I'L/ FaJ=AJi County of QFe0.s;e7 On IDATEI personally appeared before me, Q7Tfrrx. —J B+vaWs INAME/TITLE OF OFFICER-i.e.-JANE DOE, NOTARY PURLIC') Z JOr/7v /1/7/7/e77N /rl12A `qs LNE� INAMEISI OF SIGNERISII ,Er personally known to me -OR- ❑ �~ �>~ r ,. AJOHN Br YENS I OF n� /r COMM. # ia87928 NOTARY PUBLIC•CAUFORNIA N LOS ANGesELES Doc 2004 MY Comm. E (SEAL) pffsltf' ite—rite— etory e basis of adlis(ac;tury evidence to be the person(s) whose name(s) 4-s/are subscribed to the within instrument and acknowledged to me that here/they executed the same in his/hor/their authorized capacity(ies), and that by /their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. (SIG OF NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signers) Other Than Named Above WOLCOTTS FORM 63240 Rev. 3-94 (price class 8-2AI ©1994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) TOP OF THUMB HERE CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIS) DCORPORATE OFFICERISI {TITLES) ❑PARTNERIS) DLIMITED DGENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR [JOINER: SIGNER IS REPRESENTING: (Name of Person's) or Entityliesl RIGHT THUMBPRINT (Optional) TOP OF THUMB HERE CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUALIS) ❑CORPORATE OFFICER(S) (TITLES) ❑PARTNER(S) El LIMITED DGENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR [JOINER: SIGNER IS REPRESENTING: (Name of Person(s) or Entitylies) 7 IIPP 6,R a CONTRACT (CONTINUED) FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. CORPORATE CERTIFICATE I PAMELA LAULHERE certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that JOHN MARTIN who signed said contract on behalf of the Contractor, was then VICE-PRESIDENT of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. L PAMELA LAULHERE certify that T am the Secretary of the Corporation named as Contractor in the foregoing Contract; that PAMELA LAULHERE who signed said contract on behalf of the Contractor, was then SECRETARY 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: 6/ 1 1 /04 - 28 - CONTRACT (CONTINUED) FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. PARTNERSHIP CERTIFICATE STATE OF COUNTY OF ) ss On this day of , 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notarial 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. S ignaturc: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: -29- 6/1I/04 BOND NUMBER: 08773174 PREMIUM: $824.00 EXECUTED IN TRIPLICATE PERFORMANCE BOND FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2004-206, passed the 16th day of November, 2004 has awarded to HCI, Incorporated, hereinafter designated as the "Principal", the FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LJBRARY, SPECIFICATION NO. 04-4. 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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND . 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 Seventy Three Thousand Two Hundred Forty Seven Dollars, ($73,247.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. - 30 - PERFORMANCE BOND (CONTINUED) FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. In the event suit is brought upon this bond by the City of National City and judgement is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attomey's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 1ST day of DECEMBER , 2004. -FIDELITY AND DEPOSIT COMPANY OF MARYLANS' (SEAL) HCI, Incorporated a (SEAL) (SEAL)(SEAL) MARTIN,_�V CE-P SIDENT EAL) G!^(vt (SEAL) J.W. Jo nsoF", .. orney-in- act Surety PAMELA LAULHERE, SECRETARY Principal -31- (i 1 1 /04 PERFORMANCE BOND (CONTINUED) FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO, 04-4. ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ) ss On this day 1ST of DECEMBER , 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared J.W. JOHNSON known to me to be the person whose name is subscribed to the within instrument as the attorney -in - fact of theFIDELITY AND DEPOSIT COMPANY OF MARYLAND , 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: Name (T 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 4, 2008 APPROVED AS TO FORM: By: George H. Eiser, III City Attorney -32- .AER1'0. 1 611 l'04 State of eAufetadif4- County of Qr✓& S,oE On /2 'AV before me, (DATE) 41777i -.-1 • 4... r).c Js (NAME/TITLE OF OFFICER-i.e.'JANE DOE, NOTARY PUBLIC") personally appeared . ir/14,e77N Al-•,o INAMEISI OF SIGNERIS)) g2i4 L4C...> personally known to me -OR- ❑ C1 MATTHEW JOHN BIVENS COMM. # 1287928 73 NOTARY PUBUC•CAUFORNIA CA LOS ANGELES to My Comm. Expires Dso 21, 2004 111 (SEAL) Gv-i-eleftee to be the person(s) whose name(s) 4-stare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in fai-s]-her/their authorized capacity(ies), and that by hTef/their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TRle or Type of Document Number of Pages Date of Document Signer's) Other Than Named Above WOLCOTTS FORM 69240 Rev. 3-94 (price class B-2A) ©1994 WOLCOTTS FORMS, INC, ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) TOP OF THUMB HERE CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIS) ❑CORPORATE OFFICERIS) (TITLES) ❑PARTNER'S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEEISI ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entityliesl RIGHT THUMBPRINT (Optional) TOP OF THUMB HERE CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIS) ❑CORPORATE OFFICER(S) (TITLES) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Personls) or Entityliesl 7 IIIIIIIIIH ,III 8 BONI; NUMBER: 08773174 PREMIUM: Included in Performance Bond Premium EXECUTED IN TRIPLICATE PAYMENT BOND FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City Of National City, by Resolution No. 1004-206, passed the 16th day of November, 2004 has awarded to HCI, Incorporated, hereinafter designated as the "Principal", the FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), 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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND 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 Seventy Three Thousand Two Hundred Forty Seven Dollars, ($73,247.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administraitors, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the' California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, v,ithheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attomey'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 Cade, 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) FIBER OPTIC CONNECTION FROM CITY' HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond' by' any change, extension of time for performance, addition, alteration or modification in, to! or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or woyk of improvement herein above described or pertaining or relating to the furnishing of labor, niaterials, or equipment therefor, 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 herein above described, nor by any rescission or attempted rescission of the contract, agreement or bo" , nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released frontliability 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 n;2� contractor or on the part of any obliges ned; in such bond, but the sole conditions of recovery shall be that claimant is a person described Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of hW 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 cojunterparts of this instrument, each of which shall for all purposes be deemed an original thereof, haue been duly executed by the Principal and Surety above named, on the 1ST day of DECEMBER 2004. FIDELITY AND DEPOSI COMPANY OF MA /// (SEAL) HCI, Incorporated (SEAL) 71/4- V (SEAL) Jtt MARTIN, V CE-P SIDENT EAL) LZ-41/11. (SEAL) J.W. Johnso/i, [ t'torney-i`h=Fact PAMELA LAULHERE, SECRETARY Surety Principal - 34 - (SEAL) (/l1/04 Name (Type or Print): PAYMENT BOND (CONTINUED) FIBER OPTIC CONNECTION FROM CITY, HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. ATTORNEY-1N•FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this day 1ST of DECEMBER , 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared J . W. JOHNSON known to me to be the person whose name is subscribed to the within instrument as the attorney -in - fact of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND , the corporation named as Surety in said instrument, and acknowledged to'riie 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 NOTE: The Attorney -in -fact must attach a Surety must be properly certified copy of the Power of acknowledged. Attorney. :04AER1 Signature: zme P m tTinYk VJd 8a o�m+ 4, 2008 11114°. Gd9�1 ° ad L. Settgast (Notary Public in and for said County and State) My Commission expires: May APPROVED AS TO FORM: By: George H. Eiser, III City Attorney 35 - G'l /04 State of County of ,P,a s,oe- On (DATE) personally appeared before me, INAME/TITLE OF OFFICER-i.e.-JANE OOE, NOTARY PUBLIC') oH� /1-1A/277") ANi� INAMEIS) OF SIGNERIS)) a÷,,fz.n .1Au!-Nc - ,1i. personally known to me -OR- ❑ MATTHEW JOHN-BIVENS COMM. # 1287928 NOTARY PUBUC.CALIFORNIA LOS ANGELES N My Comm. Expires Dec 21, 2004 (SEAL) evieece to be the person(s) whose name(s) +s/are subscribed to the within instrument and acknowledged to me that he/stre/they executed the same in tais-/k►e-rItheir authorized capacity(ies), and that by hist-her/their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. (SI� OTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Trtle or Type of Document MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages Date of Document Signerls) Other Than Named Above WOLCOTTS FORM 63240 Rev- 3-94 (price class 9-2A1 ©1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) TOP OF THUMB HERE CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIS) ❑CORPORATE OFFICERISI )TITLES) OPARTNERIS) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT OTRUSTEE(S) O GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Personls) or Entityliee) RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIS) ❑CORPORATE OFFICERISI ITIREsl OPARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT OTRU STEEIS) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entitylies) 7 61141. 8 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, wh' front set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof disfti5l 1 nate, constitute and appoint J. W. JOHNSON, of Fullerton, California, its true and lawful g ik o make, execute, seal and deliver, for, and on its behalf as surety, and as its act and r 1a s`Sal� bo>t�s °t ngs, and the execution of such ponds or undertakings in pursuan a ' ss ii- on said Company,as full and amply, to all intents and purposes, as if the. ttaiil 44,1t5Itily-execpledtt" { 1 ged by the regularly elected officers of the Company at its office in Bal�te 1 I�theu ow cf1 � This power of attorney revokes that issued on behalf of J. W. John tOti�N �ttt%r�? y�}p5 r The said Assistant tf `hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- Cdui any, and is now in force. IN WITNESS WI-iLREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of February, A.D. 2003. ATTEST: T. E. Smith FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Assistant Secretay Paul C. Rogers Vice President State of Maryland City of Baltimore ss: On this 19th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. co. -¥ N'' Sandra Lynn Mooney Notary Public My Commission Expires: January I, 2004 POA-F 012-4152 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of' the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I0th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 1ST day of DECEMBER 2004 . Assistant Secreta : ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms. amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 -0050749.doc Dec-l)-04 10:07am 'rom-tit• 1 C, 14r urt C:tient#: 34670 +3515204301 T-496 P.02/04 F-6T0 l.0 1BHUL ACOREL CERTIFICATE OF LIABILITY INSURANCE linteetieue ArmatronglR®bitellle Busel.lnaav ASO Langsdorf Drive 0100 PO Box 34000 Fullerton, CA 92334-9409 INSURER COY RC!, Inc, Inc. 3188 .Homeless Carriage Drive P.O. Box 6010 Norco, CA 928604899 DATE LMMIDn'YV) 1219164 TMS CEn17FICATE 1,5 ISSUED AS A MATTER OF IPwDRMAT1oN ONLY ADO CONPERs NO MOM UPON THE CERTIFICATE HOLDER. THIS GERT*CATE nogg NOT AMEND, &ATM OR ALTER THE COVERAGE a>rFORDED AY THE PDUC 3 mote. INSURERS AFFORDING. COVEFIAGD INSURER A: 3t Pouf Fire 0 Marine to tiranse Co INSURER,: INGIMER C. INSURER F. `SURERe *'Revised"" THE PouciEB OF INSURANCE LISTED ANY REOuiR0MENT, TERM oR CONDITION MAY PERTAIN. TI46 INSURANCE AFFORDED POLIGE9. AGORE0ATE OATS KNOWN TYPE CFRI,rlAAI{f.E—� �A 0E3-OW HAVE DIEM IS5UEt2 TO THE ININIRED NAMED ROVE FOR THE PDLCY PERIOD INDICATED. NOT ITNSTANOING OF ANY cONTRAOT OR OTHER DOcuMeNT WITH PESPEcT TO WHICH THIS CPR -Moan MAY BE ISSUER? OR BY THE POLICIES DEBQRIBEb HEREIN 16 SUBJECT TO ALL THE TERMS, E XC3.USIONS AND CONDITIONS OF SUCH MAY HAVE PEEN R0tUCED BY P^AIDO AIMS PGu YArLIMPER ( p, � ' � LIMITS 1 GEMARALLL(EILPY1COMMGRCtK X _I atm. 1 OENEq�lMa1LT' CI.al3 MARE (Ai OCCUR eKKo61441SB r04115/04 04/15I05 eAGNOCCUMENGE 4'�,0114,0E}0, FIR14 DAMAGE (Any as Sal SI MAW__ i6,Oft0 BIM EXP EAny arts pavan) Pi!Soy(AL S ACV MLRNIY. . OENERAL AsaREDAIR $1.000.0 .�_ $2,0 0O0 r2,0D11,000 -- • __ ._ .... A.uDEGATE LIMP APPLIES PER: POLICY C1 v a�� i.oc P*OLIUCTS.CGMPADP AGO A n X� X .X-- ,.... Lt uAaury ANY ALIT()tCOMBINEDSNUBLu— ALL OWNED AUTOS BOHM:Y.4 DAPTQS HIPPO AtirOs NON•oWNED AUT7s KK08100159 04115104 f 04/15/05 81,000,000 BODILY I ) (Papaw. $ (PM POt .—.. PROPERTY DAMAGE t IPrr exld.nn1 _ GARAGE LM,N.ITY � ANYAUTO 1 AUTO ONLY . EA AOCIOENT rumH4LT` HAA-DC olAO O 5 ! $ .- . S 45c05$ •_� LIABILITY SCOUR Ir I CLAIM, MADE OP.DUCTrDLE UTENDON i EACH OOGURRENCE $ AMOREOATE ---y5 1 S S WORKERa cOMPPPPIATGN AND EMPLOYERS' CIAYRLITY Y O 1.49LIMY�TR 1 l 1 GR+_ el. EACH AOOtOONT , E.L. DISEASE - EA EMPLOYEE 5 E.L.;, :.. •POLCY LINO 5 1 VOIER DESCRIPTION OP GPERATIor1EILDGATCNSN6MIELVOMBOLUOIGN9 AWED 6Y ENGONSEMENDS►ECIAL PRW15 DN15 City of National City, Its otficsre, elnploynos, and agents era named As additional insureds as respect* general liability as required by written .entraet, per endorsemwnt attached. CEHTEFICATE HOLDER Al_$SEDSKAL City of National Clty 1243 National City Revd National City, CA 91990 ACORD 26-5 L;INIMIEELEAa 1 of 2 II t58D511M235578 CANCEUATION Teti Darr Native far Nnn-Payrttanf Premiere SHOULD ANY Or THEA$araDE$CRIBEP toUaeser CANeELLEDEEPQNe THE wageN PATE THEREOR THE 19AWNa Amman trig.gggagagagyeas.aD aemeel1VrCN NDTLETOTUX O@n1IPICATE HOLDER NAMED TOTAL MDT, aiW y1,sesseassattax aluantlinissanunnoteassitsn ammicts as luAeAGlh INNOIAA>s AUTHORIZED N6PR,9IAs %b 61QdigeAI KVO ® AGGRO CORPORATION 1988 Dec-08-04 10:08am From -NCI INC, +9515204301 T-498 P.04/04 F-620 ADDITIONAL PROTECTED PERSONS EAMORSEIVIENT — CONTRACTORS GENERAL LIABILITY — INCLiIDING COMPLETED WORK This endorsement changes your Contractors Commercial General Liability Protection. How Coverage Is Chsngsd Thera art two changes which are described below. 1. The fallowing is added to the Who is Protected Linder This Agreement section. This change adds certain protected persons and limits their protection. Additional protected person. The parson or organization named below is an additional protected person ma required by a contract or agreement entered into by you. But only for covered injury or damage arising out of: • yoW work for that person or organization: • your completed work for that parson or organization if your contract or agreement requires such coverage; • premise- you own, rant, or tease from that person or organization; or • yeir maintenance, operation, or use of equipment leased from that person or organization. We explain what we mean by your work and your completed work in the Products and completed work total limit auction if the additional protected person is an architect, engineer, or surveyor. We won't cover injury or damage arising out of the performance or failure to perform Person Or Organization: architect, engineer; or surveyor profe$siOnal services. Architect, engineer, or surveyor ppAies,4iOne1 services anctvdas: • tha preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specification; and • supervisory, inspection, err engineering cervices. 2, The following is added to the Dther primary insurance section. This change broadens coverage. We'll consider this insurance to be primary to and non-contributory with the insurance issued directly to additional protected persons -listed below if: • your contract specifically requires that we consular this insurance to be primary ar primary and non- contributory; or • you request before a ions that we Consider this insurance to be primary ar primary and non-contributory insurance, Otter Terms All other terms of your policy remain the same. Any psi ar organization you are required in a as an ad4it.ional prateeted person. 4rit.t•rl momtrmmt to show Name at Insured Policy Number 1t1061O0158 Effective Date 4115i0e acz , Inc • Protesting Date 7 4 :12 OM colee es.,_ r2-ge pKnted in 11S_A_ aindetsemnnx oSt.Paul fire and Marina Insurance Co.1997 All Rights Reserved Pew 1 of 2 .Dec-03-04 10:07am From -ICI INC, +9515204301 T-498 P D3/04 F-670 IMPORTANT If the ostificate holder is an ADDITIONAL. INSURED. the policy(ies) must be endorsed. A statement on this certificate dorm not confer rights to the certificate holder to lieu of such endorsement(s). ft SUtSROGATION IS WAIVED, subject to the terms artd conditions of the policy, certain policies may require an endorsement. A statement on title certificate dorm not center rights to the certificate holder in rasa of such endorsement(!). DISCLAIMER The Certificate of Insurance on tho reverse side of thla form does not constitute a contract between the ism Ling instxer(s), authorised representative or producer, and the certificate holder, nor does it affirmatively yr negatively amend, extend or after the coverage afforded by the policies Vsted thereon. Ao01413a5•5(7/97y2 of 2 #925ae51/M236598 STATE OF CALIFORNIA Arnold Schwarzenegger, Governor DEPARTMENT OF INDUSTRIAL RELATIONS SELF-INSURANCE PLANS 2265 Watt Avenue, Suite 1 Sacramento, CA 95825 Phone No. (916) 483-3392 FAX (916) 483-1535 CERTIFICATION OF SELF-INSURANCE OF WORKERS' COMPENSATION TO WHOM IT MAY CONCERN: This certifies that Certificate of Consent to Self -Insure No. 2206-A was issued by the Director of Industrial Relations to: HCI, INC. under the provisions of Section 3700, Labor Code of California, on June 15, 1993. The Certificate is now and has been in full force and effective since that. date. Dated at Sacramento, California This 21st day of June, 2004 MARK T. JOHNSON, anager Self -Insurance P1.. /sen STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS OFFICE OF THE DIRECTOR CERTIFICATE OF CONSENT TO SELF -INSURE HCI, INC. (a California corporation) THIS IS TO CERTIFY, That__ Subsidiary_of Lombardy Holdings, Inc. - Certificate No.: 2206 --_-__ has complied with the requirements of the Director of Industrial Relations under the provisions of Sections 3700 to 3705, :inclusive, of the Labor Code of the State of California and is hereby granted this Certificate of Consent 1:o Self -Insure. This certificate may be revoked at any time for good cause shown.° EFFECTIVE: B. t AsHgBARI."'" DEP ENT INDAL RELATIONS iI. F THE ATE i JOHN C. DUNCAN ACTING fed the Director of Industrial Relation at any time for good cause after a • Rev000 c of motndes, among certificatehthings, gf , theconeent to amen o self -Mauro a mayo be rew by to fulfil- his obligations, or the hearing. Good cause inoludes, amon;3 otter things, ins t of the solvency of suck employer, the inability of the employer practice by such employer or his ag:mt in charge of the ariministration of obligations under this division of any of the following: (a) Habitually and as a matter of practice and custom inducing claimants for compensation to accept less than the compensation due or making it necessary for them to resort to proceedings - oblgat then such ea to secure the cameensation • lb)public hl)cschs� dealing��obligations etion 3702 of Code.) The Certificate may be revoked dbhonest manner: (c) Discharging his for tion obligations in such a manner as to cause injury to the pub noncompliance with Title 8, California Administrative Code, Croup 2—Administration of Self -Insurance. Supersedes Certificate No.'1206-A, previously issued to Hood Communications, Inc. City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE November 16, 2004 L?UOL 6 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of National City awarding a contract to HCI, Inc., in the amount of $73,247 for Fiber Optic Connection from City Hall to the New Fire Station PREPARED BY Din Daneshfar EXPLANATION 336-4387 DEPARTMENT See attached explanation Public Works/Engineering CEnvironmental Review X N/A Financial Statement The total amount for the work is estimated at $91,547. The funds are available in Account No. 250-409-500-598-1588. Approved By: (an./ Account No. Fin nce Director STAFF RECOMMENDATION Adopt the Resolution. .----9==e BOARD / COMMISSION RECOMM DATION N/A ATTACHMENTS Listed Below) Re y -�( of ton N . �Q� 1. Resolution 2. Biel Opening Information Sheet 3. Bid Proposal Spreadsheet for the three?owest bidders A-200 (9: 99) RESOLUTION NO. 2004 — 206 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO HCI, INC. IN THE AMOUNT OF $73,247 FOR FIBER OPTIC CONNECTION FROM CITY HALL TO THE NEW FIRE STATION WHEREAS, the Engineering Department of the City of National City did, in open session on October 12, 2004, publicly open, examine and declare three sealed bids for fiber optic connection from the City Hall to the new fire station. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for fiber optic connection from the City Hall to the new fire station to the lowest responsive, responsible bidder, to wit: HCI, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract between HCI, Inc. and the City of National City for fiber optic connection from City Hall to the new fire station. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of November, 2004 Nick fniu'a, Mayor ATTEST: c ael Dall Mi City Clerk APPROVED AS TO FORM: 01) George H. iser, III City Attorney Passed and adopted by the Council of the City of National City, California, on November 16, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA 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. 2004-206 of the City of National City, California, passed and adopted by the Council of said City on November 16, 2004. City Clerk of the City of National City, California By: Deputy Re: Resolution of the City Council of National City awarding a contract to HCI, Inc., in the amount of $73,247 for Fiber Optic Connection from City Hall to the New Fire Station The construction of the new fire station and library building structures is currently in progress. In order to provide an infrastructure system for communication between the new fire station, and the City Hall an under -ground conduit and fiber optic cable will be required. The proposed system consists of the installation of 1,430 linear feet of 2-inch conduit (trenched), 5,800 linear feet of 12-fiber cable, 5 pull boxes No. 6 and other pertinent work. The project also will tie the new library to City Hall through existing conduit. All of the work will be in accordance with the Specifications No. 04-4 and fiber optic drawings numbered 9002-D through 9004-D. On September 17, 2004, the project was advertised on the Local and Regional Newspapers. On October 12, 2004, three bids were received and opened for the project. Staff has reviewed the bid documents and found the lowest responsive bidder, HCI, Inc. to be qualified to perform the work. The total cost for the work is estimated at $91,547. This amount includes the proposed lowest bid amount ($73,247), approximately 10% ($7,300) for inspection, and approximately 15% ($11,000) for contingencies. The Bid Opening Information Sheet and the cost proposals for the three low bidders are attached for further review. A biography of HCI, Inc. is attached. BID OPENING SPECIFICATION NUMBER: 04-4 PROJECT TITLE: FIBER OPTIOC CONNECTION FROM CITY HALT, TO FIRE STATION AND FROM CITYHALL TO LIBRARY OPENING DATE: TUESDAY, OCTOBER 12, 2004 TIME: 3:00 P.M. ESTIMATE: $70,000.00 PROJECT ENGINEER: DIN DANESHFAR NO. BIDDER'S NAME (PAGE 13) BID AMOUNT (PAGE 15) ADDENDA (PAGE 13) BID SECURITY (AGE 18-CHECK (PAGE 19 BOND) 1 • HCI, INC. 3166 HORSELESS CARRIAGE DR. NORCO, CA 92860 $73,247.00 YES YES 2. HMS CONSTRUCTION, INC. 1225 LINDA VISTA DRIVE SAN MARCOS, CA 92078 $74,587.00 YES YES 3. AEC CONSTRUCTION P.O. BOX 601071 SAN DIEGO, CA 92160 $80,802.00 YES YES BID04-4 Fiber Optic Connection from City Hall to Library Spec. No. 04-4 City Of National City 1243 National City Boulevard, National City, CA 91950 Progress Est. No. 10113/04 Item QTY UNIT Item Description HMS Construction Electrical & Gen . Eng'g HCI , Incorporated AEC Construction $ 5,000.00 $ 5,000.00 $ 2,600.00 $ 2,600.00 $ 7,000.00 $ 7,000.00 1 1 LS Mobilization, Bonds and Insurance $ 2,000.00 $ 2,000.00 $ 3,700.00 $ 3,700.00 $ 2,000.00 $ 2,000.00 2 1 LS Traffic Control $ 1,250.00 $ 6,250.00 $ 550.00 $ 2,750.00 $ 400.00 $ 2,000.00 3 5 EA Install No. 6 Pull Box (with Extension) Install 2" Conduit. $ 25.00 $ 35,750.00 $ 27.00 $ 38,610.00 $ 30.00 $ 42,900.00 4 1430 LF Furnish and Install 12-Fiber SMFO Cable $ 3.49 $ 20,242.00 $ 2.34 $ 13,572.00 $ 3.00 $ 17,400.00 5 5800 LF $ 1,000.00 $ 3,000.00 $ 1,485.00 $ 4,455.00 $ 1,884.00 $ 5,652.00 6 3 EA Patch Panel Type "ST" $ 505.00 $ 505.00 $ 6,900.00 $ 6,900.00 $ 1,850.00 $ 1,850.00 7 1 LS Fiber Optic Testing and Documentation 8 1 EA Storm Water Protection Program Procedure $ 500.00 $ 500.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 Total $ 73,247.00 $ 74,587.00 $ 80,802.00 Contractors License Number 378587 3166 Horseless Carriage Drive Norco, Ca 92860 (909) 520-4200 www.hci-inc.com 3 ABOUT US... You can count on HCI, Inc.'s outside plant to provide state-of-the-art resources and unlimited capabili- tics in serving your requirements for telecommunications facilities installation, open trench construction, plowing, earthsaw, structural conduit placement, innerduct installation and maintenance. Where other contractors quit, HCI, Inc. perseveres by inventing new methods to ensure cost savings to its customers without sacrificing quality or completion deadlines. DIVISION OVERVIEW HCl, Inc. Security Integration Division is a security division focused on long-term customer satisfaction and retention. Our aim is to work with our customers through inception, implementation, completion and ongoing maintenance of a variety of security products and services. At our initial consultation meeting, your consultant will make a threat assessment of your facility. Based on your needs, we will design a customized system tailored to your facility and application. This will be selected from a variety of products as follows: Access Control: Computer driven control, replaces locks and gives you accountability of movement of personnel, and keeps non -personnel out. Readers, keypads, etc. Enhanced Access Control: Time and attendance, video badging, video imaging (corresponds a picture with a card), multi -location networked system. Closed Circuit Television: Cameras, monitors, switchers, VCRs. Enhanced CCTV: Digital video recorders, multiplexers, matrix, controlling systems, pan/tilt/zoom. Intrusion Detection: Basic burglar alarm and its peripheral components such as motion detectors, glass break detectors, door/window contacts, sirens, keypads, etc. Enhanced Intrusion: Wireless transmission backup, video verification. Fire Alarm: Basic fire detection and its peripheral components such as smoke detectors, heat detectors, manual pull stations, and bells. Enhanced Fire System: Evacuation system, horns, strobes, elevator recall, door release, fireman's phones, etc. Fire Sprinkler Monitoring: Monitoring of water flow and tamper switches. Consulting and Specification Writing: In the event that there is not a clear directive from the customer further assessment may be necessary to determine appropriate security. As your sole source provider of security, our goal is to maintain an ongoing relationship for years to come. Careful construction, proper management, and a high level of service will ensure your satisfaction. HCI specializes in this realm of customer service and is unrivaled in the industry. We look forward to serving your security needs. a.L1 The Outside Plant division can meet your Engineering requirements. We have our own fully staffed Engineering group to help you design your project. The services that we offer are: • Right Of Way Research And Acquisition • Fiber Route Development • Project Management Services • Survey Services Available • OSP Engineers For On / Off Premise • Conduit Systems Designed For Copper, Fiber And Electric • Process All Types Of Permits New ideas and technology that help benefit customers from a "can -do" company. We have a willingness to accept challenging jobs large or small. What we do is install underground - cable, conduit, vaults, manholes, and CEV's - for communications and electric power companies. The division's activity involves anything from replacing a closure to building a 100 mile system. Our work ranges from the most complicated conduit structures in a metro- politan area to the relatively simple placement of a buried drop. Our company has sustained strong, lasting relationships with major communications companies such as Verizon and Pacific Bell. HCI-Inc.'s construction crews are capable of performing, but not limited to the following: • Installing Controlled Environmental Vaults or (CEV's) • Wrecking out and rebuilding Telephone and Electrical manholes • Installation of multi -duct runs • Placing and tying into manholes • Directional boring for cable or conduit placement • Placing direct buried cable • Maintenance and upgrades on existing systems • Cable Plowing BAKERSFIELD 7470 District Blvd, Bldg. E Bakersfield, CA 93313 Tel: (661)396-3790 Fax: (661)396-3793 BAKERSFIELD 9427 Shellabarger Rd Bakersfield, CA 93308 Tel: (661)588-1909 Fax: (661)588-1836 EL CENTRO 798 Industry Way El Centro, CA 93725 Tel: (760)352-9790 Fax: (760)352-9907 FRESNO 4840 East Annadale Ave Fresno, CA 93725 Tel: (559)264-2682 Fax: (559)264-2357 HAYWARD 21024 Alexander Ct Hayward, CA 94545 Tel: (510)670-9900 Fax: (510) 670-7865 NORCO Main Office 3166 Horseless Carriage Drive Norco, CA 92860 Tel (909)520-4200 Fax: (909) 520-4300 Office Locations SAN DIEGO 5555 Magnatron Blvd, Suite H San Diego, CA 92111 Tel: (858) 571-8558 Fax: (858)571-8658 SAN FERNANDO 656 Arroyo Avenue San fernando, CA 91340 Tel: (818)361-9805 Fax: (818)361-9835 SAN MARCOS 280 Industrial Street San Marcos, CA 92069 Tel: (760)591-3419 Fax: (760)752-9856 SANTAANA 630 South Hathaway Street Santa Ana, CA 92705 Tel: (714)647-9765 Fax: (714)647-9776 VICTORVILLE 17105'terra Linda Victorville,CA 92392 Tel: (760)951-9995 Fax: (760)951-3882 WHITTIER 8205 South Sorensen Ave Whittier, CA 90606 Tel: (714) 558-2730 Fax: (714)558-2725 City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 November 17, 2004 HCI, Incorporated 3166 Horseless Carriage Drive Norco, CA 92860 Project: FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPEC. NO. 04-4 Subject: NOTICE OF CONTRACT AWARD Congratulations, the National City Council, at their meeting on November 16, 2004, approved the award of a contract to your company for Fiber Optic Connection from City Hall to Fire Station and from City Hall to Library. We look forward to a cooperative and enjoyable experience in the construction of this project. The award is for a total $73,247.00 This is your Notice of Contract Award. Pursuant to Section 2-1.2(a) of Part One of the Special Provisions, you shall execute the contract agreement with the City and submit thenecessary documents within ten (10) days of this Notice of Award. Please submit the following to this office no later than November 29, 2004 1. The enclosed Contract Agreement executed in triplicate original Return all three copies to the City. One fully executed copy will be forwarded to you. 2. The enclosed Performance Bond form for 100 percent of contract amount (Project Specification Section 2-4). 3. The enclosed Payment Bond form for 100 percent of contract amount (Project Specification Section 2-4). 4. The enclosed Emergency Notification List (Project Specifications Section 7-6). 5. Liability Insurance Certificates (Limits shall be in accordance with Project Specifications Sections 7-3). 6. Worker's Compensation Insurance Certificate as required by Section 3700 of the California Labor Code (Project Standard Specifications Section 7-4). 7. A copy of your City of National City Business License for your Company and your subcontractors. ® Recycled Paper 8. Certificate of Understanding and Authorization for Payroll Officer (Appendix B). Insurance policies must provide that they remain in force for not less than 30 days after notice to City of expiration or cancellation, and liability policies shall name the City of National City as additional insured. Your insurance will not be accepted if this requirement is not met and evidenced in your submitted documents. We must review and approve these documents before we can issue a Notice to Proceed. In order to expedite the issuance of the Notice to Proceed, it is recommended that the submittals as required in Section 2-5.4.2 of project specifications be provided as soon as possible. The Project Manager for this project is Mr. Din Daneshfar at 336-4387. Please contact him to schedule a pre -construction conference. Would like to proceed with this project as soon as possible. Reviewed by: Approved by: Din Daneshfar Associate Civil Engineer Enclosures cc: City Clerk Risk Manager DD:jha2 noa04-4 Stephen M. rkpatrick City Engineer CONTRACT FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. THIS CONTRACT, made and entered into this 16th day of November, 2004 by and between the City of National City, California, herein after designated as the "City", HCI, Incorporated, 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: FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. 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 lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 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, -25- 6/11/04 CONTRACT (CONTINUED) FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The Contractor shall assume the defense of and indemnify and save harmless the City of National City and its officers, employees, and agents, including the private engineer, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from this Contract, or the performance of the work, regardless of responsibility or negligence. 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, maybe 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 America 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 judgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. -26- 6/ 1 I /04 CONTRACT (CONTINUED) FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY I IALL TO LIBRARY, SPECIFICATION NO. 04-4. 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. 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. CONTRACTOR: By: Title: By: Title: Federal ID. No. CITY: By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) -27- 6/ll/04 CONTRACT (CONTINUED) FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. CORPORATE CERTIFICATE I certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that who signed said contract on behalf of the Contractor, was then 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: -28- G/ 1 1 /04 CONTRACT (CONTINUED) FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. 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: (Notarial 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: -29- 6/11/04 PERFORMANCE BOND FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2004-206, passed the 16t1i day of November, 2004 has awarded to HCI, Incorporated, hereinafter designated as the "Principal", the FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. 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 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 Seventy Three Thousand Two Hundred Forty Seven Dollars, ($73,247.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. - 30 - 6/11/04 PERFORMANCE BOND (CONTINUED) FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. In the event suit is brought upon this bond by the City of National City and judgement is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of , 2004. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal - 31 - 6/11/04 PERFORMANCE BOND (CONTINUED) FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss On this day of , 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in - fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney - 32 - 6/11/04 PAYMENT BOND FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 1004-206, passed the l6`11 day of November, 2004 has awarded to HCI, Incorporated, hereinafter designated as the "Principal", the FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. 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 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 Seventy Three Thousand Two Hundred Forty Seven Dollars, ($73,247.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. -33- 6/ 1 104 PAYMENT BOND (CONTINUED) FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. 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 perfornlance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described or pertaining or relating to the furnishing of labor, materials, or equipment therefor, 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 herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of , 2004. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal -34- 6/ 1 1 /04 PAYMENT BOND (CONTINUED) FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss On this day of , 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in - fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney - 35 - 6/11/04 EMERGENCY NOTIFICATION LIST FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY, SPECIFICATION NO. 04-4. DATE: In reference to Section 7-6 of the Standard Specifications my/our representatives at the construction site for the above subject project will be: Name Emergency Telephone Number(s) Name Emergency Telephone Number(s) I am aware that one of the named representative(s) shall be present at the work site whenever work is in progress. Further each of these responsible persons can be contacted in an emergency situation and have complete authority to act on the Contractor's behalf. Signature of Contractor Name and Title Signature of Contractor Name and Title Note: Two signatures are required if a corporation. -38- 6/11/04 City of National City Engineering Department 1243 National City Blvd. National City, CA 91950 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION PROJECT NAME: FIBER OPTIC CONNECTION FROM CITY HALL TO FIRE STATION AND FROM CITY HALL TO LIBRARY SPECIFICATION NO. 04-4 This is to certify that the principals, and the authorized payroll officer, below, have read and understand the Minutes of the Pre -Construction Conference and the labor standards clauses pertaining to the subject project. The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance which will accompany our weekly certified payroll reports for this project: Payroll Officer (Name) PRINCIPAL (Contractor/Subcontractor) (Title) Contractor/Subcontractor License No. (Signature) (Date) (Signature) (Date) 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 December 16, 2004 John Martin, Vice President HCI Inc 3166 Horseless Carriage Drive Norco CA 92860 Project: Fiber Optic Connection from City Hall to Fire Station and from City Hall to Library Engineering Spec. No. 04-4, Awarding Resolution 2004-206 Dear Mr. Martin, On November 16, 2004, the City Council of the City of National City passed and adopted Resolution No. 2004-206, awarding a contract in the amount of 73,247 to HCI, Inc. 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, City Engineer at (619) 336-4380. Sincerely, Michael R. Dana City Clerk MRD/mla Enclosure cc: Engineering File C2004-49 ® Recycled Paper