HomeMy WebLinkAbout2006 CON Stevens Construction - Old Library RemodelCONTRACT
NATIONAL CITY LIBRARY REMODEL FOR PMA/ILWIJ PROJECT
THIS CONTRACT, made and entered into this \`°' "1 oe oec. , 2000 by and
between the City of National City, California, herein after designated as the "City", and Stevens
Construction, hereinafter designated as the "Contractor".
WITNESSETII: 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 material and
labor for:
NATIONAL CITY LIBRARY REMODEL FOR PMA/ILWU PROJECT
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 he 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 several
items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the
cast may he.
3. The City hereby promises and agrees to employ, and does hereby employ said Contractor
to provide the materials and to do the work accordingto 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.
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 madc part of this Contract.
oS .Z d �- \ \Ir tool.
CONTRACT (CONTINUED)
NATIONAL CITY LIBRARY REMODEL FOR PMA/ILWU PROJECT
5. 1'he 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
he 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 he final and
judgement may be enter upon it in accordance with applicable law in any court having
jurisdiction thereof.
CONTRACT (CONTINUED)
NATIONAL CITY LIBRARY REMODEL FOR PMA/ILWU PROJECT
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: 1Sep i t--,?i
Title: Owner
CITY:
By:
Title:
Federal ID. No. 3 3 O3g g
By:
Title: Mayor. City of National City
ATTEST:
By:
Title: City lerk, City o National City
(Notaries acknowledgement of execution by all PRINCIPALS OF CONTRACTOR shall be
attached.)
Title or Type of Document:
Document Date:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
rf`,r:G`S••C:r.G`C•,C`C`�G�C'��Si`C�+G'Y'•�>�'.f=:Y`.G'i^„(�C,G%G%(�C'.Ci�.�`1-.".!:{t;C`f:�:�`C)(':i�.F:t�'.E`�`.C'i��i'.`C`.Z;���Y'rt`C'.G'C,�`C�Ci�.C`PAC`G4`C�Ci`Cv�Si`C�.r�`CSC,C,C`CSC;C.C�CI,U�C:G•C'.C:i.:C`i•..CJ.ti
Iri Ci
State of
644-041.,
County of v ar'L 3)i
On I ee_f M b P12 2, aocv„
Date ,� ,,
personally appeared ._.*kr I% A-. Ste ve/ri s
before me,
)(personally known to me — OR — L
DESIREE L. PETERS C
Cou&i. / 1614148
NOTARY PIIBUC•cusaRlu N
Sow deco COUNTY —
Mr Cowl. EXP. Nov. 3, 200$ f
bes, r e e./ s f /1�0 1 d'v hc.
Name and Tar, of Officer (e.g., "Jan Doe, Notary )
Name(s) of Signer(s)
be the person(s)
whose name(e) is/,are subscribed to the within instrument
and acknowledged to me that hefelie/t#:tey executed the
same in his/Piefftheir authorized capacity(ies), and that by
his/herftheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(e) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
,).C. ytbrt fernod-el L'mfthracfi
Le e albeir o2r 3OO6 Number of Pages: 3
Signer(s) Other Than Named Above:
Capacity(ies) Claimed /by Signer(s) 7r Signer's Name: Ma/16 • s-reweas
L Individual
- Corporate Officer
Title(s):
E Partner — 7 Limited - General
L Attorney -in -Fact
Li Trustee
L Guardian or Conservator
['Other: OUA/)8r
Signer Is Representing:
Nerds Cc n-ftUCtlayi
RIGHT THUMBPRINT
Or SIGNER
Top of thumb here
r 4- at 0,1-erk_
Signer's Name:
- Individual
Corporate Officer
Title(s):
Partner — Limited . General
= Attorney -in -Fact
- Trustee
17 Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNFR
Top o' thumb here
rD 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park. CA 91309-7184 Prod. No. 590/
Reorder. Call Toll -Free 1-800-876-6827
CONTRACT (CONTINUED)
NATIONAL CITY LIBRARY REMODEL FOR PMA/ILWU PROJECT
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:
CONTRACT (CONTINUED)
NATIONAL CITY LIBRARY REMODEL, FOR PMA/ILWU PROJECT
PAR'I'NERSIIIP CERTIFICATE
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:
bond no. SU 5022382
' PREMIUM $7,200.00
PERFORMANCE BOND
NATIONAL CITY LIBRARY REMODEL FOR PMA/ILWU PROJECT
KNOW ALL MEN BY THESE PRESENTS: That
**PREMIUM BASED ON FINAL
CONTRACT PRICE
WHEREAS, the City Council of the City of National City, by Resolution No. 2006-267,
passed the 19th day of December. 2006 has awarded to Stevens Construction, hereinafter
designated as the "Principal", the National City Library Remodel for PMA/ILWU Project,
WHEREAS, said Principal is required under the terms of said contract to furnish a bond
for the faithful performance of said contract.
NOW, 'UHEREFORE, we, the Principal and .ARCH INSURANCE COMPANY
as surety, are held and firmly bound unto the City
Council of the City of National City, hereinafter called the "Council", in the penal sum of
TIIREE IIUNDRED AND SIXTY THOUSAND DOLLARS ($360,000), 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 change, extension of time,
alteration or additions to the terms of the contract or to the work or to the specifications.
In the event suit is brought upon this bond by the City of National City and judgment is
recovered, the surety shall pay all costs incurred by the Council in such suit, including a
reasonable attorney's fee to be fixed by the Court.
PERFORMANCE BOND (CONTINUED)
NATIONAL CITY LIBRARY REMODEL. FOR PMA/ILWU PROJECT
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 5TH day of JANUARY , 200 7.
ARCH INSURANCE COMPANY (SEAL) STEVENS CONSTRUCTIMAL)
(lam (SEAL) 6-%4~-4 ,o r•- SEAL)
Cynthia Barnett, attbrney.ir( L) HARK STEVENS,, OWNER (SEAL)
Surety Principal
APPIIOVED AS TO FORM
George H. Eiser, I11
City Attorney
ACKNOWLEDGMENT
State of California
County of San Diego
On 1/5/07 before me, N.I. Trusso, Notary Public
(here insert name and title of the officer)
personally appeared Cynthia Barnett
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose narne(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
"TRUSSO
�•!i; COMM. #1610260
�._ _:A;i NOTARY PUBLIC • CALIFORNIA E
t SAN DIEGO COUNTY
Commission Tres d. 28, 2009
(Seal)
•In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 5th day of December . 2006
Attested and Certified
Martin J. Nilser}jSecretary
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
Arch Insurance Company
ice President
1 Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free apc>voluntary act o>tsaid corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PETER J. CALLED, ESO.
Notary Public, State of New York
No. 02CA6109336
Commission Expires May
Qi :lified In New York County
3. 2008
CERTIFICATION
Pe
fi
r
J.
My commiss
Notar}�Public
expires 5-03-2008
(, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect
since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said
Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached
Power of Attorney the duty elected Vice President of the Arch Insurance Company.
IN TESTIMONY .^.Hcarnc I have hereunto subscribed rry name and affi d the corporat se I of the Arch Insurance
Company on this 5 th day of January . 20_ 07 .. 7C e-
!t
Martin J. Nils Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors & Developers Group
135 N. Robles Ave., Ste. 825
Pasadena, CA 91101
00ML0013 00 03 03
Page 2 of 2 Printed in U.S.A.
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Sioux Munyon, Cynthia Barnett, Laura Ehrlich, and Anne Wright of La Mesa, CA (EACH)
its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Misspud.;.:,,
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to aoy bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
COML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
PERFORMANCE BOND (CONTINUED)
NATIONAL CITY LIBRARY REMODEL FOR PMA/ILWU PROJECT
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
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
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 NOTE: The Attorney -in -fact must attach a
Surety must be properly certified copy of the Power of
acknowledged. Attorney.
Signature:
Name (Type or Print):
Notary Public in and for said County and State
My Commission expires:
APPROVED AS TO FORM:
By:
George II. Eiser, III
City Attorney
BOND NO. SU 5022382
PREMIUM INCLUDED IN PERFORMANCE BOND
PAYMENT BOND
NATIONAL CITY LIBRARY REMODEL FOR PMA/ILWU PROJECT
KNOW All, MEN BY THESE PRESENT'S: That
WHEREAS, the City Council of the City of National City, by Resolution No. 2006-267, passed
the 19`1` of December, 2006 has awarded to Stevens Construction, hereinafter designated as the
"Principal", the National City Library Remodel for PMA/ILWU Project,
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 ARCH INSURANCE COMPANY
as surety, are held and firmly bound unto the City Council of the City of National City,
hereinafter called the "Council", in the penal sum of TIIREE HUNDRED AND SIXTY
THOUSAND DOLLARS ($360,000) 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 TI-IIS 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.
PAYMENT BOND (CONTINUED)
NATIONAI, CITY LIBRARY REMODEL FOR PMA/ILWU PROJECT
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement hcreinabove described or
pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any
change or modification of any terms of payment or extension of the time for any payment
pertaining or relating to any scheme or work of improvement hereinabove described, nor by any
rescission or attempted rescission of the contract, agreement or bond, nor by any conditions
precedent or subsequent in the bond attempting to limit the right of recovery of claimants
otherwise entitled to recover under any such contract or agreement or under the bond, nor by any
fraud practiced by any person other than the claimant seeking to recover on the bond and that
this bond be construed most strongly against the Surety and in favor of all persons for whose
benefit such bond is given, and under no circumstances shall Surety be released from liability to
those for whose benefit such bond has been given, by reason of any breach of contract between
the owner of Public Entity and original contractor or on the part of any obliges named in such
bond, but the sole conditions of recovery shall be that claimant is a person described in Section
3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and
that Surety does hereby waive notice of any such change, extension of time, addition, alteration
or modification herein mentioned.
IN WITNESS WIIEREOF 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 5TH day of JANUARY , 200 7
ARCH INSURANCE COMPANY
(SEAL)
STEVENS CONSTRUCTION
(SEAL)
(SEAL) Crnex..,...t__74, (SEAL)
nthia Barnett, attorney in fact
_ 8tAL) MARK STEVENS, OWNER (SEAL)
Surety
APPROVED AS TO FORM
George H. Eiser, III
City Attorney
Principal
State of California
County of San Diego
ACKNOWLEDGMENT
N.I.Trusso. Notary public
On > /5/07 before me,
(here insert name and title of the officer)
personally appeared Cynthia Barnett
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.
WITNESS my hand and official seal.
Signature )V•311cr'
wWN+1M.MYN„
;+� N. I. TRUSSO
wl
COMM. #1610260
NOTARY PUBLIC • CALIFORNIA c
SAN DIEGO COUNTY
Commission ires Oct. 28, 2009
(Seal)
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 5th day of December . 2006
Attested and Certified
Martin J. Nilsen,/ecretary
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
Arch Insurance Company
ice President
1 Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument.
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free apdvoluntary act said corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PETER J. CALLEO, ESO.
Notary Public, State of New York
No. 02CA6109336
Ot'7.11fied in New York County
Commission Expires May 3, 2008
CERTIFICATION
Peter J
My commiss
Notaublic
expires 5-03-2008
I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect
since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said
Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached
Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have tlereu^to subscribed name and affi_ d the corpora se I of the Arch Insurance
Company on this 5 th day of _ January 20 0'7:"(eeh�yc
Secretary
Martin J. Nils,
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors & Developers Group
135 N. Robles Ave., Ste. 825
Pasadena, CA 91101
00ML0013 00 03 03
Page 2 of 2 Printed in U.S.A.
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company') does hereby appoint
Sioux Munyon, Cynthia Barnett, Laura Ehrlich, and Anne Wright of La Mesa, CA (EACH)
its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri.;,,,;.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attomey is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attomey or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
00ML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
PAYMENT BONI) (CONTINUED)
NATIONAL CITY LIBRARY REMODEL FOR PMA/ILWU PROJECT
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF
COUNTY OF
)
) ss
On this day of , 200__, beibre me, the undersigned, a Notary Public in an
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 he properly
acknowledged.
Signature:
NOTE: The Attorney -in -fact shall attach a
certified copy of the Power of
Attorney.
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
.'wrI F'171 t 7T1 / 1 1 / 11.1
I K, (...CPC I!I•R.A IC I5 ISAUCU AZ A ,APIA I I WI UP UYFU?(NIAIIUN
;-. ,• .-.tip ate, •v•
r.�.•w.w•-♦.r•,a.•!-0..A.r. uVfir_? iraT AMEFif.l. EXTEND 1.lR
1 n717 a',....**ota Valley Rd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Diego CA 92121
enone: rsntl—anz—ctuu rax:tt58-45L-60u4
INSURED
Stevens Construction
125 East 17th Street
National City CA 91950
INSURERS AFFORDING COVERAGE NAIL 0
INSURER A Chat AmerieM In.. Coopory
INSURER B' ivmploo Co.
INSURERa TOPA Insurance Company
INSURER D.
INSURER E'
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE MISURSD NAMED AROV6 FOR THE POLICY PERIOD INOI :APED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONOMON OF ANY CONTRACTOR OTHER DOCuNeNT WITH RESPECT TO WIl CN THIS CERTIFICATE M AY BE ISSUED OR
MAY PERTNN, THE INSURANCE APTORDED SYTHE POLICIES DESCRISBO HEREIN IS SUBJECT TO ALL THE TERMS. EXC W MIONS AND CONDITIONS OF SUCH
POLICIES. ADGRE6ATE LMRS SHOWN NIAY HAVE BEEN MIDL'CED BY PAID CLAIMS.
LTR 1NSRQ
TYPE OF Mumma
POLICY NWINNEN
ma4(sommoY9
watrammurr
LOUTS
A
X
GENERAL
UNIAJYY
coMa�RcwLQEAIERxuAeclTr
GLP9251749
05/17/04
05/17/07
EACH OCCURRENCE $ 1 , 000 , 000
X
�!1"�J'R['r11 CU
PREMFSES(Eauconellcel s50,000
CLAIMS MADE I ^ C OCCUR
HIED DIP CM./ ore per.n) s EXCLUDED
PERSONAL S ADV INJURY 51,000,000
71
GENERALAGGRETATE $2,000,000
IOWL AGI3REQATELIMITAPPLIES Pelt
PRODUCTS - COMM? AGO S2,000,000
POLICY n .IM fl LOC
!
r
I AUTOMOBILE
UAV4UTY
ANYA1Y0
ALL OWNED AUTOS
SCHEDULED AuTOS
HIRE] ALTOS
NON -OWNED AUTOS
02CE0952092
04/07/06
04/07/07
CONBINYDsINGLE LIMIT
(E°'"')_
i 1, GOO, OQO
mxar MLU)ir
Pa. P'..,'i
s
L.
X
BODILY INJURY
i (Pereeelden)
X
PROPERTY DAMAGE
IPBI accident)
$
GARAGN
UAIMI Y
ANY AUTO
AUTO ONLY. EA ACCIDENT
$
OTHER THAN 6' ACC
S.
AUTO ONLY, AGG
$
EXCE S/1MMRELLA uAliMY
X7,2210001
04/08/06
05/17/07
EACH OCCURRENCE
s2,000 000
X occuN cIA1MSMADE
AOCUMGATC
$2, 000,000
DEDUCnaLE
RETENTION s
$
$
s
WORKERS COMPENSATION AND
EMPLOYERS' WHILITt'
ANY PRppq tE�T7QQRIy�?pARTNER1DDIFCU IVF
OFFICERIMEMBEREXCLUDED?
tt yyle6e,, �eclRle under
SPECtL PROVISIONS nnI,70
TORY LMAIT'S ER
GRATAER
E.L. EACH ACCIDENT
s
EL. DISEASE- EA EMPLOYEE
s
EL DISEASE -POLICY LIMIT
$
OTHER
DESesrynoN OF DPERAT10Ns / LOCATIONS 1 V5*CLEs I EXCLUSIONS ADDED BY RIooRCCkRNC 1 SPIROVII. PROVISIONS
*EXCEPT 20 DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT. THE CITY OF
NATIONAL CITY, ITS OFFICERS, EMPLOYEES, OFFICIALS, REPRESENTATIVES & AGENTS
ARE ADD'L INSURED WITH RESPECT TO GL PER ATTACHED CG2033 0704, AUTO PER
CA7110 W/ WVR. GL WAIVER PER CG2404 10/93,RE: NATIONAL CITY LIBRARY REMODEL
# 200 E. 12TH ST. FOR PMA/Iy1, SPEC #05-06 (XSC) *SEE ATTACHED NOTEPAD**
CERTIFICATE HOLDER
CANCELLATION
CITTOFN
CITY OF NATIONAL CITY
OFFICE OF THE CITY ENGINEER
1243 1ATIONAL CITY BLVD
NATIONAL CITY CA 91950
ACORD 25 (2001!))
SNOLAD ANY Of 'Ma ABOVe OESCW8ED POLICES OR CANCELLED BEFORE THE EXPIRATIOM
OATS THEREOF, Till ISSIANG INSURER YAU- ®IOEAROM,TO MAIL 30 * DAYS WRITTEN
NOTICE TO TNl CERTINCATE HOLDER NAMED TO THE LEFT. L
4 ACORD CORPORATION 1088
JAN-11-2007 04:03PW FROM- T-Z 4=.CCS/0011. =-4//,
113}3.314LrAVr'4` )i)§0REIYO stav : Cb sj�cixoac ?- OPID.-MEt DATE UL/11/07
THIS POLICY SHALL NOT BM CANCELLED 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, REDACTION OR ADVERSE CHANGE MAY
NOT NE LESS THAN THIRTY (30) CALENDAR DAYS AFTER DATE OF HAILTNa NOTICE.
JAN-11-2007 04:03PM FROM -
POLICY #G1.P9251749
T-234 r;t./?""c -11.4
COMMERCIAL GENERAL LIASILITY
CO 20 la 0104
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ rr CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMAT1C STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endoisemerd modes insurance provided wider the following.
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section R — Who 1s An Mowed is amended to
include as an additional insured any person or or-
ganization for of you are performing operations
when you and such person or organDornon tioe*
agreed to wrieng In a oorrtrect or agnserne,K that
such parson or orb be added as art addi-
tional inured on your policy. Stroh Mason or or
gA 1izatlon is an additional insured only with re-
spect to liability for 'body Injury', y
damage` or "personal and a@vertlsbtg injury'
caused, In whole or in pert, by
1. Your ads or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operative's for
the additional Insured.
A person or organization'. ends as an additional
Harmed under this When yota'
operations for that addil insured are corn -
plated.
GGZ0330704
B. With respect to the insurance alrccded to these
sxtoldonel rmeds, the following atiditicre t occlu-
sions apply.
This insurance does not apply to:
ly injury", 'property damage or 'personal
1.and advertising injury' arising out of the render-
ing of. or the failure to render. any professional
archkeotural. engineering or swaying ser-
vices, Including:
a. The preparing, approving, ar failing to pra-
pare or approve. maps, shop drawings.
opinions. reports, surveys. laid orders.
change orders or drInvings and specifice-
tions; or
b. Supervisory, inspecgon, architectural ar
engineering acsVlties-
2. "Bodily ;etude or property damage' Occurring
ring
a. All work inducing rnaterMis, parts or
equipment furnished In connection With
such troth, on the project (other than ser-
vice, maintenance or repaks) to be per'.
farmed by or on behalf of the ad ional in-
sued(s) at the location of the covered
operations has been completed; or
b. That portion of 'Waft WOW' but of wtdch the
Miry or damage arises has been put to de
Wltended use by any person or argent (on
ether than anther contractor or subcontrac-
tor engaged in perfcrming ns ter a
principal as a part of the same projeCL
el ISO Properties, Ira, 2004 Page 1 of 1 to
JAN-11-2007 04:03RM FROM-
STEVENS CONSTRUCTION
T-234 P.005/008 F-444
POLICY NUMBER 0.1,9251749 COMMERCIAL. GENERAL UABIUTY
CG24041093
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ rr CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endors 1ment modifies insurance provided under the following:
COMMERCIAL GENERAL LIABlU7y COVERAGE PART
SCIHEDULE
NameofPersonorOrganlzaten: me City of National City, Its Officers, Employees,
Elected Officials, Representatives & Agents
{If no entry appears above, information required to complete this endorsement will be shown In the Declarations as
appilcable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS 10 US Condition (Section iV —
COMMERCIAL GENERAL LIABILITY COMMONS) is amended by the addition of the follotitiinw
We waive any right of recovery we may have against the person or organization sin in the She above
. because of paymenbs we make far injury or damage arisMg out of your ongoing opera or your work" done
under a contract with that person or arm, and included v the products -completed operations hazard'. This
waiver applies only to the person or organization shown In the Schedule above.
CG 24 0410 93
Copyright, insurance Servioes Office, Inc., 1992 Page 1 of 1 in
JAN-11-200T 04:04PM FROM-
T-2@L P.:16/113 F-LLL.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ULTRA AUTO PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage ponied by this endorsement, the
endorsement
EXTENDED CANCELLATION CONDRtON
Paragraph 2.b. of the CANCELLATION Common Pocky
Condition is replaced by the following:
b. BO days before the effective date of cancellation if we
cancel for any other reason.
TEMPORARY SUBSTITUTE AUTO - PHYSICAL DAMAGE
COVERAGE
Under paragraph C. - CERTAIN TRAILERS, MOBILE
EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of
SECTION 1 • COVERED AUTOS, the following is added:
If Physical Damage coverage is provided by this Coverage
Form, then you have coverage for.
Any 'auto' you do not own while used with the permission
of its owner as a temporary substitute for a covered "auto"
you own that is out of service because of its breakdown,
repair, senricing, "loss" or destruction.
BROAD FORM NAMED INSURED
SECTION II - LIABILITY COVERAGE-A.1. WHO IS AN
INSURED provision is amended by the addition of the
following:
d. Any business entity newly acquired or formed by you
during the policy period provided you own 50% or
more of the business entity and the business entity is
not separately insured for Business Auto Coverage.
Coverage is extended up to a maximum of 180 days
following acquisition or formation of the business
entity. Coverage under this provision is afforded only
until the end of the policy period.
FELLOW EMPLOYEE COVERAGE - EXECUTIVE OFFICERS
Exclusion 5. FELLOW EMPLOYEE of SECTION 11 - LIABILITY
COVERAGE. B. EXCLUSIONS is amended by the addition
of the following:
This exclusion does not apply to liability incurred by your
employees that are executive officers.
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION
EXPENSE COVERAGE
The first sentence of paragraph A.4. of SECTION III -
PHYSICAL DAMAGE COVERAGE is amended as follows:
includes Copyrighted Matarlal of
Insuranw Serves Offlre. Inc., eft is permission.
Copyright, Insurmtoe Services efts, leo., 1907
CA 71 10 10 01
COMMERCIAL AUTO
provisions of the Coverage Form apply unless modified by the
We vnll pay up to $50 per day to a maximum of $1,500 for
temporary transportation expense incurred by you because
of the total theft of a covered 'auto" of the private
Passenger tYPe.
EXTRA EXPENSE - BROADENED COVERAGE
Paragraph A. - COVERAGE of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended 10 add;
5. We will pay for the expense o` reaming a staen
covered 'auto' to you.
AIRBAG COVERAGE
Under paragraph B. - EXCLUSIONS of SECTION III -
PHYSICAL DAMAGE COVERAGE, the following is added:
The exclusion relating to mechanical breakdown does not
apply to the accidental discharge of an airbag.
GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under paragraph D. - DEDUCTIBLE of SECTION III
PHYSICAL DAMAGE COVERAGE, the following is added:
No deductible applies to glass damage if the glass is
repaired rather than replaced.
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
SUIT OR LOSS
The requirement in LOSS CONDITION 2.a. - DUTIES IN THE
EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION
IV - BUSINESS AUTO CONDITIONS that you must notify us
of an "accident' applies only when the "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you are
a corporation.
UNINTENTIONAL FALURE TO DISCLOSE HAZARDS
SECTION IV - BUSINESS AUTO CONDmONS - 62. is
amended by the addion of the following:
If you unintentionally fal to disclose any hazards existing
at the inception date of your policy, we will not deny
coverage under this Coverage Form because of such failure.
However, this provision does not affect our right to collect
additional premium or exercise our right of cancellation or
non -renewal.
Page 1 of 3
JAN-II-2007 04:04PM FROIrI
-
T-ZBQ P.CCTIO0o F-411
RESULTANT MENTAL ANGUISH COVERAGE
SECTION V - DEFINITIONS - C. is replaced by the
following:
'Barfly injury' means bodily injury, sidmess or disease
sustained by a person including mental anguish or death
resulting item any of these.
HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered 'autos' for Liability coverage
and if Comprehensive, Specified Causes of loss or
Collision coverages are provided under this Coverage Form
foe any "auto' you own, then the Physical Damage
Coverages provided are extended to 'autos' you hire of the
prorate passenger or fight truck (10,000 K s, or less gross
vehicle weigh) type, subject to the following limit
The most we will pay for loss to any hired "auto' is
$35,000 or Actual Cash Value or Cost of Repair, , whichever
is smallest, minus a deductible. The deductible will be equal
to the largest deductible applicable to any owned 'auto'
of the private passenger or light truck type for that
coverage. Hired Auto Physical Damage coverage is excess
over any otter coflecdbie insurance. Subject to the above
limit, deductible and excess provisions. we will provide
coverage eq;ial to the broadest coverage applicable to airy
covered "auto' you own of the private passenger or light
truck type.
If symbol 8 is listed on the Covered Autos section of the
policy declarations page as applying to any of the physical
damage coverages, then the Hired Auto Physical Damage
Coverage described on this form does not apply.
HIRED AUTO PHYSICAL DAMAGE COVERAGE - LOSS OF
USE
SECTION Ill - PHYSICAL DAMAGE A.4.b. Form does not
apply.
Subject to a maximum of $1000 per accident, we will cover
oss of use of a ired "auto" if it results from an accident,
you are legally liable and the lessor incurs an actual
Onside] loss.
RENTAL REIMBURSEMENT COVERAGE
A. This coverage applies ony to a covered 'auto' of the
private passenger or light truck (10,000 lbs. or Less
gross vehicle weight) type.
B. We will pay for rental reimbursement expenses
incurred by you for the rental of an "auto' because
of a covered 'loss' to a covered 'auto." Payment
appfies in addition to the otherwise applicable amount
of each coverage you have on a covered auto No
deductibles apply to this coverage.
C. We wal pay only for those expenses incurred during
the policy period beginning 24 hours after the loss"
include Copyrighted Material of
Insurance nce Services Olhce, Inc„ w3 t its perniesion.
Copyright, Insurance Services Office, Inc., 1997
CA 71 10 10 01
COMMERCIAL Alf'0
and ending, regardless of the policy 's capitation, with
the lesser of the following number of days:
1. The number of days reasonably required to repair
or replace the covered "auto.' 1f loss" is caused
by theft, this number of days is added to the
number of days it takes to locate the covered
'auto' and return it to you.
2. 30 days.
D. Our payment is hmited to the lesser of the following
amounts:
1. Necessary and actual expenses incurred.
2. $25 per day.
E This coverage does not apply while there are spare or
reserve "autos' available to you tor your operations.
F. If 'loss' results from the total theft of a covered
'auto' of the private passenger type, we will pay
under this coverage only that amount of your rental
resnbursement expenses which is not already provided
for under the PHYSICAL DAMAGE COVERAGE
Coverage Extension.
G, The Rental Reimbursement Coverage described above
does not apply to a covered 'auto' that is descnlbed
or designated as a covered "auto' on Rental
Reimbursentern Coverage Form CA 99 23.
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT
COVERAGE
A. Coverage
1. We w01 pay with respect to a covered 'auto' for
"loss" to any electronic equipment that receives
or transmits audio, visual or data signals and that
is not designed solely for the reproduction of
sound. This coverage applies only if the
equipment is permanently installed in the covered
'auto" at the time of the loss" or the equipment
is removable from a housing unit wtuch is
permanently installed in the covered 'auto' at the
time of the "loss', and such equipment is
designed to be solely operated by use of the
power from the "auto 's" electrical system, in or
upon the covered "auto."
2. We will pay with respect to a covered 'auto" for
'loss' to any accessories used with the
electronic equipment described in paragraph A.1.
above. However, this does not include tapes,
records or rises.
3. If Audio, Visual and Data Electronic Equipment
Coverage fort CA 99 60 or CA 99 94 is attached
to this policy, then the Audio, Visual and Data
Electronic Equipment Coverage described above
does not apply.
Page 2of3
JAN-11-2007 04:04PM FROM-
T-294 '.:11/00$ F-4.41
B. Exclusions
The exclusions that apply to PHYSICAL DAMAGE
COVERAGE, except for the exclusion reiating to Audio,
Visual and Data Electronic Equipment, also apply to
this coverage. In addttfon, the following exclusions
apply:
We will not pay for either any elecbonic eqt rnent or
accessories used with such electronic equipment that
is:
1. Necessary for the normal operation of the
covered 'auto' for the monitoring of the covered
'auto 's' operating system; or
2. Both:
a. an integral part of the same unit housing any
sound reproducing equipment designed
solely for the reproduction of sound if the
sound reproducing equipment is
permanently installed In the covered 'auto";
and
b. permanently instated in the opening of the
dash or console normally used by the
manufacturer for the installation of a radio.
C. Limit of insurance
With rasped to this coverage, the LIMIT OF
INSURANCE provision of PHYSICAL DAMAGE
COVEfAGEis replaced by the following:
1. The most we wlll pay for "toss' to audio, visual
or data electonic equipment and any accessories
used with this equipment as a result of any one
'accident' is the lesser of:
a. The actual cash valve of the damaged or
stolen property as of the time of the "toss':
or
b. The cost of repairing or replacing the
damaged or stolen propeny with other
property of like kind and quality.
c. $1,000.
includes CopyOtted Marettal of
imam Santos Mall k1C., tits perm esfort.
Copyright, hecuranw Sandals Office. Inc, 1997
CA71101001
COMMERCIAL AUTO
2. An adjustment for depreciation and physical
condition wdl be made in determining actual cash
value at the time of the 'loss.'
3. if a repair or replacement results in better than
like kind or quality, we will not pay for the amount
of the betterment.
D. Deductible
1. if "loss' to the audio, visual or data electronic
equipment or accessories used with this
equipment is the result of a loss" to the covered
''auto* under the Business Auto Coverage Form
Comprehensive or Collision Coverage, then for
each covered 'auto' our obligation to pay for,
repair, return or replace damaged or stolen
property will be reduced by the applcabte
deductible shown in the Declarations. Any
Comprehensive Coverage deductible shown in the
Declarations does not apply to 'Ices" to audio,
visual or data electronic equipment caused by fire
or lightning.
2. If 'toss` to the audio, visual or data electronic
equipment or accessories used with this
equipment is the result of a loss` to the covered
"auto" under the Business Auto Coverage Form's
Specified Causes of Loss Coverage, then for each
covered 'auto" our obligation to pay for, repair,
return or replace damaged or stolen property will
be reduced by a $100 deductible.
3. ff 'toss' occurs solely to the audio, visual or data
electronic equipment or acoessories used with
Ns equipment, then for each covered 'auto' our
obligation to pay for, repair, return or replace
damaged or stolen property will be reduced by a
$100 deductible.
4. in the event that there is more than one
applicable dedtxnbie, only the highest deductible
will apply. In no event wit more than orte
deductible apply.
Page 3 at 3
RESOLUTION NO. 2006 — 267
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
REALLOCATING $430,000 FOR THE FORMER LIBRARY REMODEL
AS REQUIRED BY THE LEASE WITH THE SAN DIEGO JOINT PORT LABOR
RELATIONS COMMITTEE (PMA/ILWU), AWARDING A CONTRACT
TO STEVENS CONSTRUCTION IN THE AMOUNT OF $360,000
TO PERFORM THE WORK REQUIRED BY THE NATIONAL CITY LIBRARY
REMODEL FOR THE PMA/ILWU PROJECT, AND AUTHORIZING THE
MAYOR TO EXECUTE THE CONTRACT
WHEREAS, pursuant to the lease of the former library with the San Diego Joint
Port Labor Relations Committee (PMA/ILWU), the City agreed to construct certain tenant
improvements; and
WHEREAS, the Library remodel for the PMA/ILWU project was advertised for
construction bid, and Stevens Construction was found to be the lowest responsive, responsible
bidder; and
WHEREAS, the City Engineer recommends that a contract for the remodeling of
the former library in the amount of $360,000 be awarded to Stevens Construction; and
WHEREAS, in order to proceed with the project, it is further recommended by the
City Engineer that a CIP expenditure account be established by reallocating $430,000 for this
project, which amount will cover construction, construction management, special inspection, and
contingency, from the existing CIP account for the Phase 7 Garden Level Remodel.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby awards the contract for the National City Library Remodel for the
PMA/ILWU Project to Stevens Construction, and authorizes the Mayor to execute the contract.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the
following reallocation of funds:
FROM: Account No. 189-409-500-598-1400
(Phase 7 Garden Level Remodel)
TO: Account No. 189-409-500-598-1584
(National City Library Remodel for the PMA/ILWU)
AMOUNT: $430,000
PURPOSE: National City Library Remodel for the PMA/ILWU Project
e
Resolution No. 2006 — 267
December 19, 2006
Page 2
PASSED and ADOPTED this 19th day of Decer •e' 2006.
/
ATTEST:
n i 11
Mic el R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, Califomia, on
December 19, 2006, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
City Clferk of the City ofMational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2006-267 of the City of National City, California, passed and
adopted by the Council of said City on December 19, 2006.
City Clerk of the City of National City, California
By:
Deputy
MEETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
December 19, 2006
20
AGENDA ITEM NO.
ITEM TITLE Resolution of the City Council of the City of National City reallocating $430,000 for the old library
remodel as required by the lease with the San Diego Joint Port Labor Relations Committee (PMA/ILWU),
awarding a contract to Stevens Construction in the amount of $360,000 to perform the work required by the
National City Library Remodel for the PMA/ILWU project, and authorizing the Mayor to execute the contract.
PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering EXT. 4383
EXPLANATION
See Attached.
i
C)rnvIronmental Review
N/A
MIS Approval
Financial Statement
Approved By:
It is recommended that $430,000 be transferred from Account Number Finance Director
189-409-500-598-1400 Phase 7 Garden Level Remodel to Account No. 189-409-500-598-1584
National City Library Remodel for the PMA/ILWU. Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1. Resolution
2. October 3, 2006 Staff Report
3. Bid Opening Result Sheet
A-200 (Rev. 7/03)
Resolution No. a o 0 G a `�
ATTACHMENT 1
BACKGROUND REPORT
The Revolution 2 development will require the demolition of a two-story office building
at 41 East 12th Street to accommodate the twenty-two story mixed -use residential
project with 247residential condominium units, over 10,000 square feet of retail space
with a transit plaza. Leases for the remaining tenants of the existing office building
have all expired except for the ILWU, which exercised a 5-year lease extension option,
until October 31, 2011. The Developer has asked the City for assistance in finding a
temporary relocation site for the ILWU, so development of the Revolution 2 site can
proceed.
The National City Community Development Commission ("CDC") assessed its
properties holdings and called local brokers to ascertain the availability of replacement
office space for the ILWU as a suitable location. After eliminating CDC and available
market properties it was determined that the former National City Library at 200 East
12th Street ("Library") might serve as a temporary location for the ILWU, while a
permanent facility is found.
On May 16, 2006 the City Council (Resolution 2006-95) authorized the City Manager to
negotiate a market rate lease with an initial term of two (2) years and three (3) 1-year
extensions for a total potential lease term of no longer than five (5) years. The attached
lease addresses the following issues:
-Maintenance and repairs to be performed by the City.
-Tenant improvemants.to be installed by the City pursuant to the work
letter attached to the lease.
-Parking spaces reserved exclusively for the lessee.
6odditions for the three (3) 1-year extensions.
-Initial rent of $5,375 per month with inflationary adjustments for market
rate rent of between 3 and 5 percent.
-Possessary interest taxes and utilities to be paid by the City.
CDC and City staff met with the National City Public Arts Committee to discuss the
proposed lease of the Library and identify shared -use issues with respect to the Library
building having a dual use as an Arts Center and ILWU office for up to 5 years.
Benefits to the City of leasing the western portion of the Library to the ILWU include:
• Proceeding with the Revolution 2 project as catalyst redevelopment for Downtown
National City.
• Allows Arts Center project to move forward in a phased fashion.
• Providing an immediate occupant for a property that suffers from vagrancy and
vandalism.
• Provides revenue ($150,000 to $400,000) from a facility, where there is currently
none.
9
ATTACHMENT 2
ILWU SPACE PLAN
FUTURE ARTS CENTER AREA
OFFICE
OFFICE
102
OFFICE
(1031
KITCHEN
I115I
STORAGE
1112 1
•
COM
I4J
STORACsE
(104J
GREAT NALL
100
STO
MEETING ROOM
1110
HALL
10S
HALL
106
DISPATCH COUNTER
STORAGE
ILWU Parking
EXPLANATION:
On October 3, 2006 the City Council of the City of National City approved a lease with the San
Diego Joint Port Labor Relations Committee for the use of the western portion of the former
National City Library building located at 200 East 12th Street. The lease authorized the use of
approximately 4,300 square feet of the building space for office use for a period of time not to
exceed five years. The lease described in detail the remodeling of the building required to make
the building suitable for use by the lessee (PMA/ILWU) and specified that the required building
improvements must be accomplished by the lesser (City). A copy of the October 3 City Council
report that includes the lease is attached for reference.
In accordance with the lease requirements the project was designed and specifications were
prepared for the improvements. The project was advertised for construction bid for four weeks.
Nine bids were received for the project ranging from the low of $360,000 by Stevens
Construction - located at 125 East 17"1 Street, National City - to a high of $498,525. Stall' has
reviewed the bid by Stevens Construction and finds it to be responsible and responsive. It is
recommended that the City Council award the project to Stevens Construction.
The budgeting for this project is as follows:
Construction
$360,000
Construction Management
S30,000
Approximately 8%
Approximately 1.5%
S ccial Ins ection
$5,000
Contingency
$35,000
Approximately 10%
Total
$430,000
In order to move forward with this project it is necessary to create a CIP expenditure account.
To do so it is recommended that $430,000 be reallocated for this project from the existing CIP
account number 189-409-500-598-1400, Phase 7 Garden Level Remodel. The Garden Level
Remodel account was originally set-up to perform a major remodel to the ground floor level of
the City Hall building in the holding cell area of the former Police Facility. This project did not
go forward primarily because of the needed additional budget necessary to implement seismic
improvements that a remodel of this magnitude would trigger due to the Building Codes. This
budget was also one of the CIP accounts "frozen" after the failure of Proposition B. If approved
by Council an IBAR will be prepared by Engineering to transfer the $430,000 to account number
189-409-500-598-1584 - National City Library Remodel for the PMA/ILWU
LEASE
By and between the
CITY OF NATIONAL CITY
and
SAN DIEGO JOINT PORT LABOR RELATIONS COMMITTEE
This Lease, made and entered into this 7`a day of July, 2006 by and between the City of National City
("City"), hereinafter designated as "Lessor," and San Diego Joint Port Labor Relations Committee
(comprised of the International Longshore & Warehouse Union — Local No. 29 and the Pacific Maritime
Association), hereinafter designated as "Lessee."
RECITALS
Lessee is desirous of leasing from Lessor, and Lessor is desirous of leasing to Lessee, certain real property
identified as the western portion of the building located at 200 East 12h Street in National City,
California for the use described in Section 4 below more fully described as Lessee's exclusive use of' a
4,300 square feet area on Exhibit "A" as Office Use.
NOW, THEREFORE, the parties hereto agree as follows:
1. Legal Status Of Lessee. Lessee warrants that it is a legal mutual benefit corporation, incorporated under
the laws of the State of California.
2. Leased Premises. Lessor does hereby lease, demise and let to Lessee the real property situated in the
City of National City, County of San Diego, State of California, commonly described as western
portion (4,300 square feet) of the building located (the "Leased Premises") at 200 East 12°i Street in
National City, California (the "Building"), otherwise known as the former National City Library
building (San Diego County Assessor's Parcel number 560-100-03). The approximate configuration
and location of the Leased Premises is shown on Exhibit A attached hereto and incorporated herein
by reference.
3. Condition of Leased Premises. Lessor shall deliver the Leased Premises and the Building to Lessee
in a clean condition and warrants that the existing mechanical, electrical, doors, plumbing, lighting,
heating, ventilation and air conditioning systems, exterior paved surfaces, landscaping and
hardscaping and all improvements constructed to facilitate Lessee's occupancy and Use of Leased
Premises and Building, including, without limitation the Lessee Improvements (as defined in Exhibit
B) shall be in good operating condition as of the Commencement Date (as defined in Section 6
below) and comply with all building and regulatory laws and codes, including, without limitation,
Americans with Disability Act ("ADA").
4. Use. The Leased Premises are leased to Lessee by Lessor for the following purposes: (i) a dispatch
hall and meeting place for the Longshore and Warehouse Union; (ii) general office and
administrative uses; and (iii) ancillary uses consistent with the uses specified in clauses (i) and (ii).
5. Asstt*nment & Subletting. This Lease shall not be assigned, sublet, hypothecated, leveraged, or
transferred without the prior written consent of the Lessor; provided however, Lessee may assign or
Page 1 of 9
sublet this Lease to an affiliate of Lessee without the prior written consent of Lessor.
6. lenn. The initial tern of this Lease shall be twenty (24) months ("Tenn"), beginning on the date
which is the later of (i) August 31, 2006; or (ii) ten (10) days after i.essor has completed all of the
Lessee improvements (`Lessee improvements") as described in and in accordance with that certain
Work Letter attached to this Lease as Exhibit B and incorporated herein by reference, and Lessor has
delivered possession of the Leased Premises to Lessee (the "Commencement Date") . The Lessor
hereby grants the Lessee the options (collectively "Options") to extend the Term of this Lease for three
(3) additional twelve (12) month periods commencing when the Term expires and each twelve (12)
month period thereafter. To exercise any Option, Lessee must be current on all financial obligations
including; Rent and Liability Insurance. Lessee's payment of Rent during the first calendar month of an
Option shall constitute exercising such twelve (12) month cxtension in term for such Option. Non-
payment of Rent beyond thirty (30) calendar days of the first month of any Option shall constitute a
waiver of all remaining Options.
Lessee acknowledges that the use of the Leased Premises is temporary and agrees to use good faith
efforts to seek alternative premises to the Leased Premises for the use set forth herein; provided,
however, notwithstanding the foregoing or anything to the contrary contained herein (i) nothing in this
paragraph shall create any liability or obligation on the part of Lessee; and (ii) Lessor shall have no right
to terminate this Lease prior to the expiration of the Term (as extended by the Options) for failure of
Lessee to seek or otherwise find alternative premises to the Leased Premises.
-41 1- Lessee to initial here & gs22-°iodate Lessee to initial here &96i 6R:date
;. Termination and Lessee Default. This Lease may be terminated by the Lessee, (with or without cause)
upon one hundred and twenty (120) days written notice to Lessor. The Lease may be terminated by the
Lessor upon the occurrence of one or more of the following defaults ("Defaults") and the failure of
Lessee to cure any such Defaults within any applicable grace period:
(7.1) The failure of Lessee to make any payment of Rent or provide reasonable evidence of
insurance, or to fulfill any obligation of Lessee under this Lease which endangers or threatens
life or property, where such failure continues for a period of ten (10) business days following
written notice from Lessor.
(7.2) A failure by Lessee to perform any of the obligations of Lessee Lease (other than those
described in subparagraph 7.1), where such failure continues for a period of thirty (30) a days
after written notice from Lessor; provided, however, that if the nature of Lessee's failure to
perform is such that more than thirty (30) days arc reasonably required for its cure, then it shall
not be deemed to be a Default if Lessee commences such cure within said thirty (30) day period
and thereafter diligently prosecutes such cure to completion.
8. Lessor Remedies upon a Lessee Default. If Lessee is in Default and has failed to cure such Default
within any applicable grace period, Lessor may, at its option, perform such duty or obligation giving
rise to the Default on behalf of Lessee, including but not limited to the obtaining of reasonably
required insurance policies, or government licenses, permits or approvals. The costs and expenses of
any such performance by Lessor shall be due and payable by Lessee within ten (10) days of receipt of
invoice therefore. If any check given to Lessee shall not be honored by the bank upon which it is
drawn, Lessor, at its option, may require all future payments to be made by Lessee to be by cashier's
check. In the event of a Default which Lessee has failed to cure within any applicable grace period,
lessor may, with or without further notice or demand and without limiting Lessor in the exercise of
Page 2 of 9
any right or remedy which Lessor may have by reason of such Default; terminate the Lessee's right
to possession of the Leased Premises by any lawful means, continue the Lease, and/or pursue any
other remedy now or hereafter available under the laws or judicial decision of the State of California.
9. Lessor Default. Lessor shall be in default under this Lease ("Lessor Default") if Lessor fails to
perform any of the obligations of Lessor under this Lease and such failure continues for a period of
thirty (30) a days after written notice from Lessee; provided, however, that if the nature of Lessor's
failure to perform is such that more than thirty (30) days are reasonably required for its cure, then it
shall not be deemed to be a Lessor Default if Lessor commences such cure within said thirty (30) day
period and thereafter diligently prosecutes such cure to completion. The rights and remedies of Lessee
upon a Lessor Default shall be cumulative and upon a Lessor Default Lessee may pursue any and all
rights and remedies at law or in equity, whether at the same time or otherwise.
10. Rent. Lessee shall pay a Rent for the Leased Premises of One and 25/100 Dollars ($1.25) per rentable
square foot for approximately 4,300 square feet of rentable space, or Five Thousand Three Hundred
Seventy Five and No/100 Dollars ($5,375.00) per month for the term of this lease, payable on the first
(131) day of each month commencing on the Commencement Date. The Rent includes consideration for
maintenance, utility expenses, insurance, management, capital repairs and upgrades and property taxes
to be incurred by the Lessor. Payment of Rent after the fifth (5th) day of each month shall require an
additional payment of One Hundred and no/100 Dollars ($100.00) in addition to the outstanding
Rent. Lessor and Lessee agree that the rentable space of the Leased Premises for all purposes under
this Lease shall be 4,300; provided, however, that, at any time during the term of this Lease Lessee
may at Lessee's expense, cause its architect to re -measure the Leased Premises in accordance with
the Applicable Measurement Standards (as defined below). Upon completion of any such re -
measurement, Lessor and Lessee shall, at the request of either party, confirm the rentable space in
writing. As used herein, "Applicable Measurement Standards" means the ANSIJBOMA Z-65.1 1996
Standard Method of Measuring Floor Area in Office Buildings.
11. Inflation Adjustment. The monthly Rent shall be adjusted for inflation (measured by the preceding
12 month period) on July 1, 2007, July 1, 2008, July 1, 2009, and July 1, 2010. The Consumer Price
Index (U — All Urban Consumers) of the Bureau of Labor Statistics of the United States Department
of Labor, for the Urban Area of Los Angeles, Riverside and Orange Counties shall be the inflationary
index applied to each yearly adjustment in Rent ("CPI"). In no event shall the annual CPI increase
he less than three (3) percent or more than five (5) percent of the Rent for the preceding year. The
monthly Rent shall be indexed for inflation by the following formula which shall apply to the Term
and the Options:
July 1, 2006 thru June 1, 2007 - (Year 1 Rent)
July 1, 2007 thru June 1, 2008 - (Year 2 Rent)
July I, 2008 thru June 1, 2009 - (Year 3 Rent)
July 1, 2009 thru June 1, 2010 - (Year 4 Rent)
July 1, 2010 thru June I, 2011 - (Year 5 Rent)
$5,375.00 per month
Year 1 monthly Rent plus
Year 2 monthly Rent plus
Year 3 monthly Rent plus
Year 4 monthly Rent plus
CPI increase per month
CPI increase per month
CPI increase per month
CPI increase per month
I2. Maintenance and Repair. Lessor shall provide, at Lessor's own expense, routine services,
maintenance and repair including: landscaping, windows, lighting, HVAC, all mechanical and
electrical systems, plumbing, painting of all public areas, and all exterior paved areas including
hardscaping and parking. Lessor will be responsible for repair of improvements located on the
Leased Premises, except the Lessee shall be responsible for cleaning/janitorial service of the Leased
Premises. Lessee shall keep the Leased Premises in as good order, condition and repair as reasonable
use and wear thereof will permit.
Page 3 of 9
(12.1) )tepairs by Lessor. Lessor shall be required to make such repairs or replacements to the
Leased Premises as may be required for normal maintenance and operation, which shall
include the repairs and/or replacements to all structural portions of the Building and all
walls, floors, corridors, windows, HVAC, mechanical electrical, plumbing, paving and
parking, exterior windows, and other structures and equipment within and serving the Leased
Premises, and such additional maintenance as may be necessary because of damages by
persons other than Lessee, its agents, employees, invitees, or visitors, all in accordance with
standard practices for similar commercial buildings in the San Diego, California area.
Without limiting the foregoing, Lessor shall provide adequate lighting in the parking area
servicing the Building. Notwithstanding anything to the contrary set forth herein, if Lessor is
required to make repairs or take other corrective action in the Leased Premises by reason of
Lessee's negligent acts or negligent failure to act reasonably, Lessor shall have the right to
recover from Lessee the cost of the repairs or other work. If Lessor fails to promptly make
any repairs or replacements required under this Section 12.1 after ten (10) days of written
notice from Lessee, Lessee may, at its option, make such repairs or replacements, and Lessor
shall reimburse the cost thereof to the Lessee within ten (10) days of written demand.
(12.2) Repairs by Lessee. Lessee agrees to repair or replace any damage or injury done to the
Leased Premises, or any part thereof, caused by Lessee or Lessee's agents, employees,
invitees, or visitors, at Lessee's own cost and expense. If Lessee fails to make such repairs or
replacements promptly, Lessor may, at its option, make such repairs or replacements, and
Lessee shall repay the cost thereof to the Lessor as additional rent within ten (10) days of
written demand. However, for any repair work, other than repair work in emergency
situations, costing over Five Hundred and no/100 Dollars ($500.00). to be performed by
Lessee or Lessee's agents, Lessee shall not perform such repair work without Lessor's prior
written consent; which consent shall not be unreasonably withheld, delayed or conditioned.
Any repairs or replacements in or to the Leased Premises, other than repair work in
emergency situations, which would require an expenditure exceeding Five Thousand and
no/100 Dollars ($5,000.00) and which constitute a "public project" under Section 20161 of
the California Public Contract Code, shall be contracted for/by Lessor and let to the lowest
responsible bidder after notice.
(12.3) Waste. Lessee shall not commit waste (property abuse, destruction, or damage) beyond
normal wear and tear of property improvements on the Leased Premises.
13. Improvements, Alterations. and Additions. Lessee shall not make or allow to be made any major
alterations or physical additions in or to the Leased Premises which affect the structure or any other
improvements without first obtaining the written consent of Lessor which shall not be unreasonably
withheld, conditioned or delayed. All work shall be done by contractors approved by Lessor.
Lessor's approval or consent shall not be unreasonably withheld, conditioned or delayed. Any
alterations or physical additions in or to the Leased Premises, other than repair work in emergency
situations, which would require an expenditure exceeding Five Thousand and no/100 Dollars
($5,000), and which constitute a "public project" under Section 20161 of the California Public
Contract Code, shall be contracted for/by Lessor and let to the lowest responsible bidder after notice.
Any and all such alterations, physical additions, or improvements, when made to the Leased
Premises by Lessee, shall at once become the property of Lessor and shall be surrendered to Lessor
upon the termination of this Lease by lapse of time or otherwise; provided, however, this clause shall
not apply to movable equipment or furniture owned by Lessee. Any Lessee improvements,
alterations or additions shall comply with all government, local building code, permitting and
Page 4of9
competitive bidding requirements. Lessee shall give Lessor written notice five (5) days prior to
employing any laborer or contractor to perform major work on the Leased Premises so that Lessor
may post a notice of non -responsibility if allowed by law. Lessee shall not be required to remove
alterations, physical additions, or improvements upon termination of this Lease.
14. Utilities. Lessor will be responsible payment of the following utilities; including electric, gas, sewer,
trash and water. Lessee understands that it is responsible for the proper disposal of debris in the
designated trash receptacles provided by the Lessor. No trash is to be placed in front of or on the
sides of the container nor should any trash be placed on top of the lids. Lessee further understands
that it will be billed accordingly for not disposing of trash in the proper manner, which includes
breaking down all boxes and containers prior to being placed in the trash bins as shown on EXhibit
A.
15. Parkin . Lessee shall have exclusive use of fourteen (14) parking spaces between the hours of 6:00
am to 7:30 am (Pacific Standard Time) and 2:00 pm to 3:00 pm (Pacific Standard Time), Monday
through Sunday (shown as "General Membership Spaces" in Exhibit A). Lessee shall have
exclusive use of six (6) parking spaces between the hours of 5:00 am and 6:00 pm (Pacific Standard
Time), Monday through Sunday (shown as "Office Spaces" in Exhibit A). Lessee shall also have
access to auxiliary parking between the hours of 6:00 am to 7:30 am (Pacific Standard Time) and
2:00 pm to 3:00 pm (Pacific Standard Time), Monday through Sunday, as shown in Exhibit C.
16. Mailings & Noticing. All notices or other communications required or permitted hereunder shall be
in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like);
or sent by registered or certified mail, postage prepaid, return receipt requested; or Sent by ordinary
mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile, fax
or email; and, shall be deemed received upon the earlier of (i) if personally delivered, the date of
delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business
day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or
ordinary mail, three (3) days (five (5) days if the address is outside the State of California) after the
date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the
United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph
company with charges prepaid, or (v) if given by telex, telccopy, facsimile, fax or email, when sent.
Any payment, notice, request, demand, direction or other communication delivered or sent as
specified above shall be directed to the following persons:
To the Lessor:
To the Lessee:
City Manager, City of National City
1243 National City Boulevard
National City, California 91950-4397
President, International Longshore & Warehouse Union — Local No. 29
200 East 12ih Street
National City, California 91950
Pacific Maritime Association
555 Market Street
San Francisco, California 94105
Attn: General Counsel
17. Inspection. Lessor, by and through its proper officers, reserve and shall always have the right, upon
reasonable notice and at a reasonable time, to enter the Leased Premises for the purpose of viewing and
Page 5 of 9
ascertaining the conditions of the same and the operation and maintenance thereof.
18. Non -Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any
person or group of persons, because of race, color, creed, national origin, sex, sexual orientation;
ancestry, marital status, physical handicap, or medical condition, in the leasing, subleasing, transferring,
use, occupancy, tenure, or enjoyment of the Leased Premises, nor shall Lessee, or any person claiming
under or through it, establish or permit any such practice or practices of discrimination or segregation
with reference to the selection, location, number, use, or occupancy of Lessees, lessees, subleases,
sublessees, or vendees in the Leased Premises.
19. Indemnification. Lessee agrees to indemnify, defend and hold harmless Lessor and the Community
Development Commission of the City of National City from all liability, loss, cost, claims, demands,
suits and defense costs (collectively "Liabilities") arising out of Lessee's failure to observe or comply
with any laws in any material respect or the negligence or willful misconduct of Lessee in or about the
Building or any portion thereof. Lessor agrees to indemnify, defend and hold harmless Lessee from all
Liabilities arising from Lessor's failure to observe or comply with any laws in any material respect or
the negligence or willful misconduct of Lessor in or about the Building or any'portion thereof.
20. Lessee Insurance. Lessee shall take out and maintain, throughout the period of this Lease, commercial
general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined
single limit per occurrence, covering all bodily injury and property damage arising out of this Lease.
This policy shall name Lessor the City of National City, the Community Development Commission of
the City of National City, and their officers, agents, and employees as additional insured, and shall
constitute primary insurance as to Lessor, its officers, agents and employees, so that any other policies
held by Lessor shall not contribute to any loss under said insurance. Said policy shall provide for thirty
(30) days' prior written notice to Lessor of cancellation or material change.
The certificate and endorsements for the insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificate and endorsements arc to be received and
approved by Lessor before this Agreement is signed.
If the required insurance coverage is provided on a "claims made" rather than "occurrence" fonn,
Lessee shall maintain such insurance coverage for three (3) years after expiration of the term (and any
extensions) of this Lease.
If Lessee does not keep any required insurance policy in full force and effect at all tunes during the term
of this Lease, Lessor may elect to treat the failure to maintain the requisite insurance as a breach of the
contract and terminate this Lease forthwith. Prior to commencement of this Lease, Lessee shall furnish
Lessor certificates of insurance evidencing the insurance requirements by this clause.
21. Lessor Insurance. Lessor shall take out and maintain, throughout the period of this Lease, insurance on
the Building with responsible insurers, on an "all risk" or "special form" basis, insuring the Building
and the Lessee Improvements that have been installed by Lessor pursuant to the Work Letter
(Exhibit B), in an amount equal to at least ninety percent (95%) of the replacement cost thereof,
excluding land, foundations, footings and underground installations. Lessor may, but shall not be
obligated to, carry insurance against additional perils and/or in greater amounts. Prior to
••-imencement of this Lease, Lessor shall furnish Lessee certificates of insurance evidencing the
insurance requirements by this clause.
Page 6 of 9
22. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of any of its terms,
conditions, or covenants shall in no way be- deemed to be a consent by Lessor to such violation and shall
in no way bar, stop or prevent Lessor from terminating this Lease thereafter, either for such or for any
subsequent violation of any such term, condition or covenant.
23. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on
or to any part or portion of the outside of the Leased Premises except to be of such type and color,
size and style, and in such place as may be approved by Lessor, which consent shall not be
unreasonably withheld, conditioned or delayed. Any additional signage or changes to existing
signage after the Commencement Date will require the Lessee to pay for and obtain all regulatory
approvals (permits) for the Leased Premises.
24. Waiver of Relocation Assistance. In consideration for the execution of this Lease by Lessor, Lessee
hereby waives any claim for relocation assistance benefits to which it may otherwise be entitled
under federal, state, or local law or regulations, upon vacation of the Leased Premises.
25. Americans with Disabilities Act. Subject to Section 3, upon commencement of Lease with regards to
Lessee's Use and Section 12 of this Lease, Lessee shall comply, at its sole cost, with requirements of
ADA which provides for the removal of architectural barriers that prevent equal access to disabled
persons on the interior of the Leased Premises. Through the duration of the Lcase, Lessor shall
comply, at its sole cost, with requirements of the ADA which provides for the removal of
architectural barriers that prevent equal access to disabled persons on the exterior of the Leased
Premises. Lessee was provided a Due Diligence Summary Report by Reyes Architects documenting
ADA conditions
26. Compliance with Environmental and Other Laws. Lessee shall not engage in activities upon the
Leased Premises, or any portion thereof, for the purpose of or anyway involving the handling,
manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or
disposal (whether legal or illegal, accidental or intentional) or any hazardous or toxic substances,
materials or wastes, or any wastes regulated under any local, state or federal law; provided, however,
norrnal quantities and use of those hazardous or toxic substances or materials customarily used in the
conduct of general office activities, such as copier fluids and cleaning supplies, may be used and
stored by Lessee at the Leased Premises.
Lessee shall be, and remain for the term of this Lease, in full compliance with all applicable laws
governing the use and occupancy of the Leased Premises including, without limitation, the handling,
manufacturing, treatment, storage, disposal, discharge, use, and transportation of hazardous or toxic
substances, materials or wastes, and any wastes regulated under any local, state or federal law.
Lessee has been advised that no digging or excavation at the site will be authorized without
appropriate environmental oversight. In addition, Lessee has been advised that this site may have
been constructed with building materials that at this time are considered hazardous substances.
Lessee was provided a Due Diligence Summary Report by Reyes Architects documenting hazardous
materials conditions.
27. Obstruction. Except as permitted by this Lease, Lessee shall not place, install, maintain, or allow any
combustible materials in buildings, structures, or other improvements upon the Leased Premises and
shall not cause or allow the surface elevation therein to be changed in any way whatsoever, without
Lessor prior written approval.
28rt__Possession. Subject to Lessee's full and timely performance of all of Lessee's obligations
Page 7of9
under this Lease, Lessee shall have the quiet possession of the Leased Premises throughout the Term
(as the same may be extended by the Options) as against any persons or entities lawfully claiming by,
through or under Lessor.
29. No Encumbrances. Lessor hereby warrants and represents that no part of the Building is subject to
any mortgage, deed of trust, ground lease, underlying lease or like encumbrance affecting any part of
the Building or any interest of Lessor therein ("Encumbrance") and Lessor covenants that during the
Term (as the same may be extended by the Options) no part of the Leased Premises will be subject to
any Encumbrance.
30. Entire Agreement. This Lease supersedes any prior agreements, negotiations and communications,
oral or written, and contains the entire agreement between the parties as to the subject matter hereof.
No subsequent agreement, representation, or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto shall be of any effect unless it is in
writing and executed by the party to be bound thereby.
31. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength;
(ii) each party has actively participated in the drafting, preparation and negotiation of this Lease; (iii)
each such party has consulted with or has had the opportunity to consult with its own, independent
counsel and such other professional advisors as such party has deemed appropriate, relative to any
and all matters contemplated under this Lease; (iv) each party and such party's counsel and advisors
have reviewed this Lease; (v) each party has agreed to enter into this Lease following such review
and the rendering of such advice; and (vi) any rule or construction to the effect that ambiguities are to
be resolved against the drafting party shall not apply in the interpretation of this Lease, or any
portions hereof, or any amendments hereto.
32. Attomev's Fees. In the event either party places the enforcement of this Lease, or any part thereof, or
the collection of any rent due, or to become due hereunder, or recovery of the possession of the
Leased Premises in the hands of an attorney, or files suit upon the same, the nonprevailing (or
defaulting) party shall pay the other party's reasonable attorney's fees and court costs, in any
proceeding, whether at trial, or appeal therefrom, or on any petition for review, or in bankruptcy.
33. Punitive and Consequential Damages. Notwithstanding anything herein to the contrary, in no event
shall Lessor be liable to Lessee for any punitive or consequential damages or damages for loss of
business by Lessee nor shall Lessee be liable to Lessor for any punitive or consequential damages or
damages for loss of business by Lessor.
Signature Page to Follow
Page 8of9
IN WITNESS WHEREOF, this Lease is executed by the City of National City, pursuant to
resolution authorizing the City Manager to execute the same for and on behalf of said City, and by San
Diego Joint Port Labor Relations Committee.
LESSOR: LESSEE
City of National City
By:
Nick Inzunza, Mayor
San Diego Joint Port Labor Relations
Committee
By: International Longshore & Warehouse
Union Local No. 29
APPROVED AS TO FORM: By:
fly:
George Eiser, ILI, City Attorney
Page 9of9
By:
Pacific Maritime Association
7 OFFICE
SPACES
SITE PLAN
TOTAL AREA i )rr .50 FEET
I TPA.
1
1
MARTIN
LUTHER
KING
CENTER
J 14 GENERAL MEMEBERSHIP SPACES
0
OI
0
C
0I
0
0
O,
o
n
J
0
marcnns • partners
International
...Opp pi LIP:
P.m
r
w�wr maw
PP WY PP OP
P 4. 44)r+Y
CONM
CS TEMENT PRCPEN:'r
MMAGEMENT :NC
PRELIMINARY TENDER
PMA ILWU
PROPOSED SPACE PLAN
NATICNA C•E`r. CALIELWNIA
SITE PLAN
EXHIBIT B
WORK LETTER — LESSEE IMPROVEMENTS
This Work Letter is made part of that certain Lease dated as of , 2006
("Lease") by and between City of National City ("Lessor,") and San Diego Joint Port Labor Relations
Committee (comprised of the International Longshore & Warehouse Union — Local No. 29 and the
Pacific Maritime Association) ("Lessee."). Capitalized terms not otherwise defined herein shall have
the meaning set forth in the Lease.
1. General Contractor. Lessor and Lessee acknowledge that the Lessee
Improvements will be considered a "public project" under Section 20161 of the California Public
Contract Code, and shall be contracted for/by Lessor and let to the lowest responsible bidder after
notice. The lowest responsible bidder shall be the agreed general contractor (the "Contractor") for
the construction of the Lessee Improvements (as defined below). Lessor shall cause Contractor to
complete construction of the initial improvements to the Leased Premises in accordance with the
following terms and provisions of this Exhibit B (the "Work Letter"), promptly, in a good and
workmanlike manner and in compliance with all applicable laws. It is understood that the intention
of both parties is that Lessor and Lessor's Contractor is to construct the Leased Premises and all of
the Lessee Improvements on behalf of Lessee at no cost to Lessee.
2. Plans.
(a) Conceptual Space Plans. Lessee's architect shall provide input in a timely
manner to the draft space plans with the goal of completing an agreed conceptual.space plan (the
"Conceptual Space Plan") by no later than July 15, 2006 (the "Conceptual Space Plan Deadline").
The Conceptual Space Plans shall show the proposed improvements to be constructed in the
Leased Premises. Lessee and Lessor shall respond promptly to any reasonable objections by either
party to the draft space plan.
(b) Final Space Plans. Lessee's architect shall provide input in a timely manner to
the Conceptual Space Plan with the goal of completing an agreed final space plan (the "Final Space
Plan") by no later than July 30, 2006 (the "Final Space Plan Deadline") substantially all of the
improvements which Lessee desires to be constructed in the Leased Premises. Lessee and Lessor
shall respond promptly to any reasonable objections by either party to the draft space plan. The
Space Plans, as finally approved in writing by Lessor and Lessee, shall be referred to herein as the
"Final Space Plans."
(c) Permit Set / Working Drawings. On or before September 28„ 2006 (the "Final
Drawing Deadline"), Lessor shall furnish to Lessee for Lessee's written approval (which shall not
be unreasonably withheld, delayed or conditioned) working plans and specifications (the
"Working Drawings") prepared by Lessor's Architect for substantially all of the improvements,
including any proposed structural work, mechanical, electrical, plumbing or HVAC requirements,
and shall contain such detail and specifications as would permit the Contractor to obtain all
necessary governmental permits for construction of the improvements and to secure multiple bids
from qualified contractors to perform the work and shall show improvements which substantially
conform to applicable building codes and legal requirements. Lessee shall respond to the Working
Drawings within five (5) working days of its receipt thereof. Lessee shall not unreasonably
withhold its approval to the Working Drawings and the improvements set forth thereon. Lessor
shall respond promptly to any reasonable objections of Lessee to the Working Drawings and shall
resubmit appropriately revised Working Drawings prepared by Lessor's Architect within ten (10)
working days of Lessor's receipt of Lessee's objections. Such resubmitted Working Drawings
S545653.4
shall clearly indicate which portions of the plans remain unchanged from the previously submitted
plans. Lessee shall respond to revised Working Drawings within three (3) working days of receipt
thereof, unless such revised Working Drawings include material revisions to structural,
mechanical, electrical, or life safety components, in which event Lessee shall respond within five
(5) working days of receipt thereof. Lessee and Lessor shall reasonably collaborate and agree on
commercial quality grade lighting, carpet, paint and other design and finish related details. Where
there is conflict between Lessee and Lessor as to the quality of finishes to be used in constructing
the Lessee Improvements the Lessee's current leased premises shall serve as a benchmark. The
Working Drawings, as approved in writing by Lessee, as revised by Lessor from time to time with
Lessee's written approval in accordance with the following provisions of this Work Letter, are
hereinafter called the "Final Plans", and the improvements to be performed in accordance with the
Final Plans are hereinafter called the "Lessee Improvements". Notwithstanding anything to the
contrary contained herein, Lessor and Lessee agree that the Lessee Improvements shall include and
incorporate, without limitation, each of the items specified in Schedule 1 attached hereto and
incorporated herein by reference.
(d) Approval. Lessee's approval of any item reviewed by Lessee under this Work
Letter shall merely indicate Lessee's consent to the proposed work shown thereon, and in no event
shall such consent by Lessee be deemed to constitute a representation by Lessee that the work
called for therein complies with applicable building codes or other legal requirements, nor shall
such consent release Lessor from Lessor's obligation to supply Working Drawings that do so
substantially conform to applicable building codes and legal requirements.
(e) Construction Documents. Lessor shall provide copies to Lessee of
Construction Documents prepared by Lessor's Architect prior to commencing any of the works or
making changes to any of the works.
3. Lessee's Representative. For the purposes of this Work Letter, Lessee's
representative shall be Brian McPherson of Cole Project Management and Bryce Mason of ICBM
Partners or such other representative(s) designated by Lessee from time to time ("Lessee's
Representatives").
4. Cooperation. Lessor and Lessee and their respective contractors, consultants and
representatives, shall communicate and cooperate with each other to the end that the Lessee
Improvements are constructed in an expeditious manner, having due regard for minimizing
disturbance of other Lessees and park visitors in the area. Lessor and Lessee shall cooperate with
each other to resolve any space planning or other issues that are raised by applicable local, state or
federal building codes during the planning, permit or construction process. Lessor shall keep
Lessee informed regarding the progress of the work, and Lessor and Lessee's Representative shall
hold construction meetings with frequency reasonably satisfactory to Lessee.
5. Lessor's Work. In addition to Lessor's sole responsibility for payment of all
expenses related to the construction of the Final Space Plan incorporating the Demolition Work
and Lessee Improvements, Lessor shall, at Lessor' s sole cost and expense, perform all work
necessary to cause the restroom facilities in the Leased Premises to comply with applicable laws
and codes regarding handicap access and use (using Building standard plans and finishes) to the
extent such work is required in connection with the Lessee Improvements (collectively, "Lessor's
Work).
2
6. Construction.
(a) Construction Operations Fee. Lessor acknowledges and agrees that no
construction management or administration fee shall be charged by Lessor to Lessee in connection
with the demolition or construction of the Lessee Improvements.
(b) Preconstruction Services. Lessor shall cause Lessor's Contractor to perform
the following preconstruction services: Participate in a reasonable number of construction meetings
and provide to Lessee an estimated schedule for the construction of the Lessee Improvements
including providing Lessee weekly updates to any schedule changes or complications related to the
construction of the Lessee Improvements. Lessor shall cause Lessor's Contractor to use reasonable
care in preparing these schedules and weekly updates.
(c) Schedule of Values. Upon approval of the Final Plans and selection of a
Contractor and approval of the schedule, and after securing all necessary permits, Lessor shall
cause Contractor to provide a detailed line item schedule of values for the Lessee Improvements
("Schedule of Values"). The Schedule of Values shall include all items included in Schedule 1
attached hereto.
(d) Commencement of Construction: On -going Obligations. Upon approval of the
Final Plans and selection of a contractor and approval of the schedule, and after securing all
necessary permits, Lessor shall cause Contractor to promptly commence and diligently pursue to
completion construction of the Lessee Improvements. Lessor's Contractor shall update the project
schedule weekly, and Lessee shall be provided on a weekly basis a reasonably thorough report on
its progress on the Lessee Improvements showing impact to schedule and estimated impact to the
anticipated completion date.
7. Changes. If Lessee shall desire any change in or to the Final Plans (a "Change"),
Lessee shall submit to Lessor for Lessor's review and written request including illustrations
prepared by Lessee's Architect incorporating the requested Change. Lessor shall not unreasonably
withhold or delay its approval of the revised Working Drawings, provided, however, that Lessor
shall have at least three (3) business days after receipt of the revised Working Drawings to review
any proposed Change. If Lessor fails to approve or disapprove a requested Change which is not a
Material Change within the three (3) business day period specified above, Lessor shall be deemed
to have approved such proposed Change. If Lessor approves any proposed Change, then together
with such approval, if practicable, and if not practicable as soon thereafter as is practicable, Lessor'
Contractor shall give Lessee Lessor's estimated delay (if any) which would result from
incorporating such Change. If, following Lessee's review of the estimated delays, Lessee desires
Lessor to incorporate the Change into the Lessee Improvements, then Lessor and Lessee shall
execute a change order for such Change on Lessor's Contractor's standard form therefore, and the
term "Final Plans" shall thereafter be deemed to refer to the Working Drawings as so revised and
approved. If a Change will increase the cost of an item (an "Item Change") in the Budget by more
than 10%, the cost over that percentage, plus the Contractor mark-up (not to exceed 4%) shall be
borne by Lessee (the "Lessee Overcharge"). If the accumulation of Item Changes increases the
total Cost of the Lessee Improvements by more that 5%, Lessee shall pay the total Lessee
Overcharge. The Lessee shall pay to Lessor within fourteen (14) days of payment by Lessor to
Contractor for the Lessee Overcharge.
8. Substantial Completion. "Substantial Completion" of the Lessee Improvements
s!ir" he deemed to have occurred when (i) the Lessee Improvements have been completed pursuant
to the Final Plans, subject only to the completion or correction of Punch List Items, and (ii) Lessor
has obtained all approvals and permits from the appropriate governmental authorities required for
the legal occupancy of the Leased Premises for Lessee's intended use. Punch List Items shall mean
3
incomplete or defective work or materials in the improvements, of a nonmaterial nature, called for
in the Final Plans which do not materially impair Lessee's use of the Leased Premises for the
conduct of Lessee's business therein. Upon notice from Lessor that the Lessee Improvements have
been Substantially Completed, Lessor and Lessee shall tour the Leased Premises and prepare a
joint list of Punch List items. Lessor shall cause Lessor's Contractor to diligently pursue the Punch
List Items to completion to Lessee's reasonable satisfaction, and Lessee shall reasonably cooperate
with and accommodate Lessor's Contractor in connection therewith. Within one month after upon
Substantial Completion of the project, Lessor shall cause Lessor's Architect to deliver to Lessee a
set of "as -built" drawings for the Lessee Improvements.
9. Cost of Improvements. The cost of the construction and installation of the Lessee
Improvements shall be borne entirely by Lessor, except for any Lessee Overcharge, including but
no limited to;
(a) Lessor shall pay the entire cost of Lessor's Work.
(b) Lessor shall pay for all of the construction and installation of the Lessee
Improvements.
10. Vendor Entry During Construction Period. Notwithstanding anything to the
contrary in the I -ease or this Work Letter, Lessee may, prior to the Substantial Completion of the
Lessee Improvements, and during and in conjunction with the construction of the Lessee
Improvements, permit Lessee's vendors to enter the Leased Premises for the purpose of installing
telephones, electronic communication or related equipment, security or audio/visual equipment,
and furniture systems and equipment. Such early access to the Leased Premises and such
installation shall be permitted only to the extent that Lessor determines that such early access and
installation activities will not delay Lessor's Contractor's completion of the construction of the
Lessee Improvements, provided that Lessor's Contractor shall use reasonable good faith efforts to
reasonably integrate the work to be completed by Lessee's Vendors into Lessor's Contractor's
scheduling and planning such that the Lessee Improvements and the work to be completed by
Lessee's Vendors will be completed in an efficient manner. Lessee's Vendor will be responsible
for any damage Vendor during Lessee's installation activities.
11. Addresses for Notices and Deliveries. For the purposes of this Work Letter (i)
notices, submittals and deliveries to Lessor shall be made to Lessor's Representative at the
addresses set forth below, (ii) notices, submittals and deliveries to Lessee shall be made to Lessee's
Representative at the address set forth below, and (iii) notices, submittals and deliveries to either
pay may be made via facsimile transmissions with answerback confirmation at the respective
facsimile numbers set forth below. Facsimile transmissions received after 6:00 P.M. shall be
deemed to have been given the following business day.
(a) Lessee's Representative: Cole Project Management
Brian McPherson
153 Kearny Street
San Francisco, CA 94108
Fax: (415) 393-8008
(b) Lessor's Representative: City of National City
David Parsons
1243 National City Boulevard
National City, CA 91950
Fax: (619) 336-4286
4
SCHEDULE 1
(LESSEE IMPROVEMENTS DETAIL)
The following are a list of items Lessee shall receive as part of the Lessee Improvements:
• All "New Construction" materials to be new and of commercial grade.
• New Commercial Grade floor finishes to be installed throughout space (Carpet, VCT
ETC.) All sub -flooring to be prepared to meet code and industry standards prior to the
installation of any new finishes. PMA to have input on selection of all colors.
• All walls to be new construction or repaired to like new condition with smooth surface to
receive new paint.
• All walls to receive at least one (1) coat of primer and two (2) coats of commercial grade
paint. PMA to have input on all paint colors.
• Exterior lighting shall be sufficient to appropriately illuminate all parking areas and
walkways. Lights to be operated on timers for illumination during all evening and early
morning hours.
• Ceiling at Great Hall to be maintained at the existing elevation at minimum (except where
necessary to facilitate lighting fixtures), including the vaulted area at the front/center of the
space.
• All ceiling tile to be replaced with new White acoustic tile.
• All existing Gypsum Board ceilings to be replaced or repaired to like new condition with
smooth surface to receive paint.
• All Gypsum Board ceilings to receive at lease one (1) coat of primer and twp (2) coats of
commercial grade ceiling paint
• All exterior doors to be replaced or repaired to like new condition with operable and
appropriate Code compliant locking hardware. All exterior doors should be metal and
installed in hollow metal frames.
• All exterior doors to be finished with Exterior Grade finish on all exterior exposures. All
interior exposures should be finished to compliment the surrounding interior space.
• All interior doors and frames to be new or in like new condition withappropriate code
compliant locking hardware.
• All interior doors to have locking hardware and be keyed to the same master pin
configuration. LL to distribute 2 keys for each door and 2 master keys upon move in.
• All interior doors and frames to be finished with appropriate commercial grade finish
complimenting the surrounding areas.
• All toilet room partitions, fixtures, and accessories to be new commercial grade.
• Interior lighting to provide adequate distribution of light for standard office environment.
• All interior light fixtures and lamps to be new or in like new and code compliant condition.
• Power distribution — 120 v AC power to be distributed throughout the space to meet code
and provide no less than 6 Watts per Rentable Square Foot power to operate standard
office equipment PMA to have input on placement of all outlets.
• Telephone / Data cabling distribution — Category 5e cable to be distributed throughout the
space to standard complement of four (4) drops per location to provide adequate access for
installation of business computers and phones. All cable to be landed in existing
Communications Room on appropriate Punch Down blocks. PMA to have input on
location of all jacks.
• Landlord to provide live telephone circuit at Communications room.
• All interior and exterior windows shall be in operable condition and replaced where
broken.
1
• Security:
o The building and windows shall be secured in an appropriate manner to resist
access by vandals as reasonably agreed by PMA.
o `Teller window" at Dispatch Counter to be constructed of tamper proof materials
and be designed in such a way as to prevent access from the Great Hall.
■ HVAC- Landlord to provide adequate Heating Ventilation and Air Conditioning to
reasonably support Tenants Use during the Term per the Lease.
• All work to be done in a professional and workman like manner by qualified contractors.
2
BID OPENING
SPECIFICATION NUMBER: N/A
PROJECT TITLE: LIBRARY REMODEL FOR PMA/ILWU
OPENING DATE: TUESDAY, DECEMBER 5, 2006
TIME: 3:00 P.M.
ESTIMATE: $230,000
PROJECT ENGINEER: STEPHEN KIRKPATRICK
NO.
BIDDER'S NAME
(PAGE 13)
BID AMOIJNT
(PAGE 15)
ADDENDA
(PAGE 13)
BiusECURrrY
(PAGE n-CHECK
(PAGE 18 -BOND)
1.
Stevens Construction
125 E. 176 Street
National City, CA 91950
$360,000
2.
Gordon — Prill
8400 N. Magnolia Avenue, Ste. F
Santee, CA 92071
$365,000
3.
RSM Contractors
9181 Center Street
La Mesa, CA 91941
$373,403
4.
Randall Construction
3656 Ruffin Road, Suite D
San Diego, CA 92123
$381,000
5.
Fordyce Construction
9926 Prospect 4122
Santee, Ca 92071
$396,569
6.
Healy Construction
1545 Tidelands Avenue
National City, Ca 91950
$413,494
7.
Benold Construction
537 W. Grand Avenue
Escondido, CA 92025
$427,000
8.
San Diego Office Interiors
4863 Shawline Street, Ste. A
San Diego, Ca 92111
$472,444
9.
APC Inc.
525 E. Alondra Blvd.
Gardena, CA 90248
498,525
BlDlibrary
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE October 3, 2006 AGENDA ITEM NO.
20
ITEM TITLE
Resolution — APPROVING A LEASE WITH THE SAN DIEGO JOINT PORT LABOR
RELATIONS COMMITTEE FOR USE OF THE WESTERN PORTION OF THE FORMER
NATIONAL CITY LIBRARY BUILDING (200 EAST 12TH STREET) FOR OFFICE USE AND
AUTHORIZING THE MAYOR TO EXECUTE THE LEASE.
PREPARED BY
CDC Staff
x4250
DEPARTMENT
Community Development Commissio
EXPLANATION
Relocation of the International Longshore & Warehouse Union ("ILWU") Local No. 29 office at
41 East 12t' Street will be necessary to develop the Revolution 2 project by the Constellation
Property Group ("Developer"). The existing lease expires October 31, 2011 and the Developer
has asked the City for assistance in finding a temporary relocation site for the ILWU, so
development of the Revolution 2 site can proceed. On May 16, 2006 the City Council
authorized the City Manager to negotiate a lease for the former National City Public Library
building at 200 East 12th Street, as a temporary location for the ILWU, while a permanent
location is found. The ILWU would occupy the western portion (approximately 4,300 square
feet) of the Library building, while leaving the remaining portion (18,000 square feet) available
for the phased development of the proposed Arts Center. Proposed terms of the lease will
include; lease length, revenue, maintenance, parking, property taxes and inflationary
adjustments to the market rent.
Environmental Review The proposed agreement is exempt from CEQA review.
Financial Statement Staff estimates the City will receive approximately $130,000 during the
initial 2-year term of the proposed lease and $340,000 the lease runs for a 5-year total term.
There are no extensions proposed beyond the maximum 5-year term of the lease.
Account No.
STAFF RECOMMENDATION Adopt the Resolution authorizing the Mayor to execute the
market rate lease, not to exceed 5 years in length for City property (200 East 12th Street) with
the San Diego Port Labor Relations Committee.
BOARD / COMMISSION RECOMMENDATION None.
ATTACHMENTS
1. Background Report
2. ILWU Space Plan
3. Lease Agreement
Resolution No.
A-200 (9/80)
RESOLUTION NO. 2006 -
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
A LEASE AGREEMENT WITH THE SAN DIEGO
JOINT PORT LABOR RELATIONS COMMITTEE
FOR THE USE OF THE WESTERN PORTION OF
THE FORMER NATIONAL CITY LIBRARY BUILDING
LOCATED AT 200 EAST 12TH STREET FOR OFFICE USE
FOR A TERM NOT TO EXCEED FIVE (5) YEARS
WHEREAS, the City desires to assist the San Diego Joint Port Labor Relations
Committee in finding a suitable temporary office and dispatch facility; and
WHEREAS, the San Diego Joint Port Labor Relations Committee desires to
lease from the City certain office space at the former National City Library building located at
200 East 12th Street to service as a temporary office and dispatch facility; and
WHEREAS, the City desires to assist the Community Development Commission
of the City of National City (CDC) who is engaged in activities necessary to execute and
implement the Redevelopment Plan for the National City Redevelopment Project and the
National City Downtown Specific Plan; and
WHEREAS, the Lease Agreement will facilitate the re -use of an underutilized
property; and
WHEREAS, the relocation of the San Diego Joint Port Labor Relations
Committee will assist the CDC in implementing the Redevelopment Plan and the Downtown
Specific Plan; and
WHEREAS, lease revenue will provide needed funding to the City's general fund
for community benefits.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute a Lease Agreement with the San Diego
Joint Port Labor Relations Committee for the use of the western portion of the former National
City Library building located at 200 East 12th Street for office use, for a term not to exceed five
(5) years. Said Lease Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 3rd day of October, 2006.
Nick Inzunza, Mayor
ATTEST: APPROVED AS TO FORM:
Michael Della, City Clerk George H. Eiser, III
City Attorney
RESOLUTION NO. 2006—
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
REALLOCATING $430,000 FOR THE FORMER LIBRARY REMODEL
AS REQUIRED BY THE LEASE WITH THE SAN DIEGO JOINT PORT LABOR
RELATIONS COMMITTEE (PMA/ILWU), AWARDING A CONTRACT
TO STEVENS CONSTRUCTION IN THE AMOUNT OF $360,000
TO PERFORM THE WORK REQUIRED BY THE NATIONAL CITY LIBRARY
REMODEL FOR THE PMA/ILWU PROJECT, AND AUTHORIZING THE
MAYOR TO EXECUTE THE CONTRACT
WHEREAS, pursuant to the lease of the former library with the San Diego Joint
Port Labor Relations Committee (PMA/ILWU), the City agreed to construct certain tenant
Improvements; and
WHEREAS, the Library remodel for the PMA/ILWU project was advertised for
construction bid, and Stevens Construction was found to be the lowest responsive, responsible
bidder; and
WHEREAS, the City Engineer recommends that a contract for the remodeling of
the former library in the amount of $360,000 be awarded to Stevens Construction; and
WHEREAS, in order to proceed with the project, it is further recommended by the
City Engineer that a CIP expenditure account be established by reallocating $430,000 for this
project, which amount will cover construction, construction management, special inspection, and
contingency, from the existing CIP account for the Phase 7 Garden Level Remodel.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby awards the contract for the National City Library Remodel for the
PMA/ILWU Project to Stevens Construction, and authorizes the Mayor to execute the contract.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the
following reallocation of funds:
FROM: Account No. 189-409-500-598-1400
(Phase 7 Garden Level Remodel)
TO: Account No. 189-409-500-598-1584
(National City Library Remodel for the PMA/ILWU)
AMOUNT: $430,000
PURPOSE: National City Library Remodel for the PMA/ILWU Project
Resolution No. 2006—
December 19, 2006
Page 2
PASSED and ADOPTED this 19th day of December, 2006.
Ron Morrison, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
March 8, 2007
Mr. Mark Stevens
Owner
Stevens Construction
125 East 17th Street
National City, CA 91950
Dear Mr. Stevens,
On December 19, 2006, Resolution No. 2006-267 was passed and
adopted by the City Council of National City, authorizing execution of a
contract with Stevens Construction.
We are enclosing for your records a certified copy of the above Resolution
and a fully executed original contract.
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Engineering Department
® Recycled Paper