HomeMy WebLinkAbout2007 CON CDC Cornerstone Building Group - Facade ProgramAGREEMENT
BY AND BETWEEN
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
AND
CORNERSTONE BUILDING GROUP
THIS AGREEMENT is entered into this 22nd day of January, 2007, by and
between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY, a municipal corporation (the "CDC"), and CORNERSTONE
BUILDING GROUP (the "CONTRACTOR").
RECITALS
WHEREAS, the CDC desires to employ a CONTRACTOR to provide
remodeling and construction administration services for the Facade Program,
WHEREAS, the CDC has determined that the CONTRACTOR is a
construction firm and is qualified by experience and ability to perform the services
desired by the CDC, and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to
engage the CONTRACTOR, and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR, or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in the attached Exhibit "1".
The CONTRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CDC for such services, except
as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings
cited in Exhibit "1" to keep staff and the Community Development Commission advised
of the progress on the project.
The CDC may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CDC and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
Revised 01/2007
corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 10% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Angela Nazareno hereby is designated as the Project Coordinator for the CDC and will
monitor the progress and execution of this Agreement. The CONTRACTOR shall
assign a single Project Director to provide supervision and have overall responsibility for
the progress and execution of this Agreement for the CONTRACTOR. Michael Najera
thereby is designated as the Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit "1" shall not exceed
$23,800 (the Base amount) without prior written authorization from the Executive
Director. Monthly invoices will be processed for payment and remitted within thirty (30)
days from receipt of invoice, provided that work is accomplished consistent with Exhibit
"1 "as determined by the CDC.
The CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CDC and for furnishing of copies to the
CDC, if requested.
5. LENGTH OF AGREEMENT. This agreement shall continue until
terminated by the CDC for cause or convenience at its unilateral discretion.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS.
Memoranda, reports, maps, drawings, plans, specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CDC for use with respect to this Project, and shall be turned
over to the CDC upon completion of the Project, or any phase thereof, as contemplated
by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CDC, and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this Agreement, except upon the
CDC's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CDC may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR
Revised 01/2007
CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR
expressly waives and disclaims any residual rights granted to it by Civil Code Sections
980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CDC of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CDC, or for any liability to the CDC should the documents be used by the CDC
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employees of the CDC and
are not entitled to any of the rights, benefits or privileges of the CDC's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the
parties that a substantial inducement to the CDC for entering into this Agreement was,
and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CDC. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many employees
or subcontractors as the CONTRACTOR may deem necessary for the proper and
efficient performance of this Agreement. All agreements by CONTRACTOR with its
subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this
Agreement.
8. CONTROL. Neither the CDC nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR, or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants or employees are in any manner agents, servants or employees of the
CDC, it being understood that the CONTRACTOR, its agents, servants and employees
are as to the CDC wholly independent contractors, and that the CONTRACTOR'S
obligations to the CDC are solely such as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
state and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current
City of National City business license prior to and during performance of any work
pursuant to this Agreement.
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10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit or
approval which is legally required for the CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONTRACTOR's trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONTRACTOR's
professional performance, or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success
of the project the CONTRACTOR has been retained to perform, within the time
requirements of the CDC, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CDC are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased
costs that result from the CDC's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action to
insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CDC setting forth the provisions of this non-discrimination clause.
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13. CONFIDENTIAL INFORMATION. The CDC may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CDC. The CONTRACTOR shall
limit the use and circulation of such information, even within its own organization, to the
extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONTRACTOR, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONTRACTOR without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CDC. In its performance hereunder,
the CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CDC for any damages caused by breach
of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the Community Development
Commission of the City of National City, its officers and employees, against and from
any and all liability, loss, damages to property, injuries to, or death of any person or
persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys'
fees, and defense costs, of any kind or nature, including workers' compensation claims,
of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's
negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CDC or
its officers, employees or volunteers for, or on account of, any liability under any of said
acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
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Revised January 200
purchase and maintain throughout the term of this agreement, the following insurance
policies:
® A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONTRACTOR's
E. The aforesaid policies shall constitute primary insurance as to the
CDC, its officers, employees, and volunteers so that any other policies held by the CDC
shall not contribute to any loss under said insurance. Said policies shall provide for
thirty (30) days prior written notice to the CDC of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CDC and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
employees.
ment.
H. Any aggregate insurance limits must apply solely to this Agree -
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as
a breach of this Agreement and terminate the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements, or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action or
Revised January 200
suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited
to the amount of attorney's fees incurred by the CDC in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for,and bear the costs of, its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CDC. Termination without cause shall be effective only upon 60-
day's written notice to the CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CDC
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement, or the performance
of services, or the failure to perform services as directed by the CDC.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished memoranda
reports, maps, drawings, plans, specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of,
and be delivered to, the CDC, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CDC by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CDC all rights set forth in Section 6.
E. The CDC further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONTRACTOR.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered or sent by
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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 or fax; 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, five (5) days (ten (10) 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, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CDC:
To the CONTRACTOR:
Brad Raulston
Executive Director
Community Development Commission
of the City of National City
1243 National City Boulevard
National City, CA 91950
Michael Najera
Cornerstone Building Group
President
3590 Kettner Boulevard
San Diego, CA 92101
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept, or the inability to deliver
because of changed address of which no notice was given, shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the Community Development Commission of the City of National City.
The CONTRACTOR also agrees not to specify any product, treatment, process or
material for the project in which the CONTRACTOR has a material financial interest,
either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR
shall at all times comply with the terms of the Political Reform Act and the National City
Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and
shall not use its official position to influence in any way any matter coming before the
CDC in which the CONTRACTOR has a financial interest as defined in Government
Code Section 87103. The CONTRACTOR represents that it has no knowledge of any
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Revised January 200
financial interests that would require it to disqualify itself from any matter on which it
might perform services for the CDC.
❑ If checked, the CONTRACTOR shall comply with all of the
reporting requirements of the Political Reform Act and the National City Conflict of
Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic
Interests with the City Clerk of the City of National City in a timely manner on forms
which the CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CDC for all damages,
costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by
the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or Federal, state or legal
holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of
the next day which is not a Saturday, Sunday or Federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agree-
ments, 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.
J. Successors and Assigns. This Agreement shall be binding upon,
and shall inure to the benefit of the successors and assigns of the parties hereto.
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Revised January 200
K. 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 Agreement, (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 Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement 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 Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
COMMUNITY DEVELOPMENT
OF THE CITY OF NATIONAL CITY
By:
Att
Brad Pa
Executive Director
Executive Director
APPROVED AS TO FORM:
George H. Eiser, Ill
CDC Legal Counsel
CORNERSTONE BUILDING GROUP
(Corporation - signatures of two corporate officers)
(Partnership - one signature)
(Sole proprietorship - on signature)
B
ichael Najera
4....eXazr°
President
2•I.o1--
CEO
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Revised January 200
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Table of Contents
CORNERSTONE
6ollding Group
Recent Projects
National City Middle School, Castle Park
and Granger Junior High
Owner: Sweetwater High School District
For both Castle Park and Granger Junior High School, $12 Million worth of major renovations was to be
completed within a ten week timeframe. Despite working under a compressed schedule we finished ten
days ahead of schedule with outstanding quality. Cornerstone Building Group provided Construction
Management services to perform these major demolitions and renovations throughout classrooms,
bathrooms, storage rooms and electrical rooms. Modernizations included architectural, structural,
mechanical, plumbing and civil work. Renovations also included major site work and accessibility
upgrades.
National City Arts and Cultural Center
Owner: City of National City
Cornerstone Building Group is currently providing Pre -Construction services to convert an old library into
an Arts and Cultural Center. Due to the restrictive budget we offered innovative solutions which included
using floor tile with donors names, as well as acquiring money from Proposition 40, which has money set
aside for historical renovations. This project was brought down to budget with creative budget and value
analysis. As Construction Managers we will oversee civil site work, mechanical, electrical, additional park-
ing, as well as the addition of a second level to the existing building.
SDSU Parking Structure and Shuttle Shops
Owner: San Diego Sate University
Cornerstone Building Group provided General Contractor services for the demolition and renovations to
Parking structure three; which involved concrete reinforcements, pressure grouting and earthwork. In
addition, this project involved the new construction of shuttle stops to be used by students and faculty of
the University.
CORNERSTONE
Ouilding Group
1
Recent Projects
Miramar Delta Road
Owner: U.S. Navy
Cornerstone Building Group provided Construction Management services for the road realignment at a
major intersection in Miramar. Work included erosion control of road; demolition of concrete, slabs and
curbs; earthwork; asphalt; paving, stripping and irrigation.
CORNERSTONE
131.1 . Qroup
2
Recent Projects
VIP Lounge and
Air Passenger Terminal
Owner: U.S. Navy
Cornerstone Building Group used the Design -Build delivery method to perform High -end renovations to
an existing Air Passenger Terminal and VIP lounge; to be occupied by such dignitaries as the President of
the United States. Careful coordination of trades and a diplomatic relationship with our client allowed for
the project to be completed within the specified time frame and budget; despite the use of very high end
materials and the Air Passenger Terminal remaining fully operational throughout construction.
Cedros Seaside Homes
Owner: Solana Beach Development LLC
Cornerstone Building Group is providing Construction Management services for the complete construction
of 23 single family residences. These million dollar plus homes are built and designed with luxury in
mind. As Construction Manager's we altered the architectural design in order to create ocean views,
which were originally over looked in the pre -construction layout of windows. Despite the delay in phase
one and two of this project, due to owner financing issues, we have managed to coordinate trades so we
are still on track to finish on time.
Starbuck and Wells Fargo
Owner: Jacobs Foundation
Cornerstone Building Group provided Construction Management services for the construction of both a
Starbucks and Wells Fargo facility for a non-profit organization. Despite a restrictive budgetand very
high local and Disadvantaged Business Enterprise goals; we met both project needs and goals. This
project involved complete construction of two wood framed retail buildings; approximately 4,000 sq ft. in
size.
CORNERSTONE
Building Group
2
Key Team Members
Years of Experience
Over 25 years
Education
Business Administration
University of Phoenix
Mr. Najera's choice of business in the building industry is a direct reflection of his desire to build better
communities. A native and long-time resident of South San Diego County, Mr. Najera is deeply
committed to achieving a positive impact within the local community. Mr. Najera hopes to continue to
be in a position which enables him to provide his employees with a work environment where they are
appreciated and highly esteemed, as well as providing the San Diego Community with a company which
demands high standards of ethical and quality work.
Mr. Najera's abilities as a leader are exemplified by his impressive rise from laborer to
management positions within the construction industry. The vision of an entrepreneur and the aspiration
to gain expertise in all facets of his industry equipped Mr. Najera with the strength to surpass all
obstacles and advance through his field. His triumphs as a business leader have recently been
recognized by way of winning the 2005 Entrepreneur of the Year Award and the 2004 Latino Builder of
the Year Award.
Years of Experience
Over 32 years
Education
B.S. Industrial Construction Management
Colorado State University, Colorado
Mr. Osgood holds over 32 years of experience within the Construction Industry and has been an owner
within the industry since 1987. Mr. Osgood holds an impressive depth of knowledge in the construction
industry; which comes from his very unique combination of formal education as well as field
experience.
As Co -Owner of Cornerstone Building Group, one of Mr. Osgood's greatest joys is the improved quality
of life he has been able to create; not only for himself and his family, but for his employees as well. This
improved quality of life translates into quality work and a deep commitment to every project from every
one of Cornerstone Building Group's employees.
Similar to the manner in which Mr. Osgood was able to rise through the ranks as construction laborer to
manager; he is now facilitating the growth of his company in a correspondingly progressive rate. Mr.
Osgood's experiences within all phases of the Construction Industry provide him with a deep
understanding of everything it takes to be a good builder.
CORNERSTONE
Building Oroop
3
Key Team Members
Years of Experience
Over 17 yrs
Education
B.S. Degree, Civil Engineering
San Diego State University, San Diego
Mr. Abueg is registered as a Professional Civil Engineer throughout the Western region of the United
States. For the past 17 years Mr. Abueg has been specializing in Construction Management, Project
Management, Quality Control and Civil Engineering.
As a Construction Manager, Mr. Abueg is well versed in Construction CPM schedules, monthly billings,
evaluating change order requests. As a Senior project Manager, Mr. Abueg is experienced in preparing
CPM schedules, budgets, contracts, contract modifications, billings and subcontractor payments. Mr.
Abueg has proven to be an expert in failure analysis on distressed structures, construction materials
evaluations, Geotechnical Engineering, Forensic Engineering, and Environmental Engineering.
Years of Experience
Over 20 years
Education
Civil Engineering
San Diego State University, San Diego
Mechanical Engineering
California Polytechnic, Pomona
Computer Information Sciences
Coleman College, La Mesa
Mr. Franko has a proven ability to be both proactive, responsive and cooperative in meeting the needs
of the project and client alike. Throughout his 20 years of Construction Management experience
within the San Diego Community, Mr. Franko has perfected his ability to monitor job cost, project
schedules and safety issues; in order to ensure the smooth execution of each project.
Mr. Franko's years of experience managing project superintendents, engineers and administrative staff
have proven to be a valuable asset in ensuring projects are completed within budget, within the
specified time frame and above average quality.
CORNERSTONE
Building Group
4
Key Team Members
Years of Experience
Over 26 years
Education
Construction Management Certification
San Diego State University, San Diego
Mr. Najera's expertise within the construction industry is exemplified by his numerous project
awards and stellar recommendations. Many of Mr. Najera's awards have been granted for the
expertise and quality work he exemplified on historical renovation projects.
He holds over 26 years of experience in Commercial and Residential building and has proven to
be exceptionally knowledgeable in all phases of construction management; from project inception
to construction completion. Complimenting Mr. Najera's experience are his countless training
seminars and certifications.
Mr. Najera's work ethic is one which gets the job done; with the highest regard for quality and cli-
ent needs. As Superintendent Frank will support the Project Manager to assure open
communications, budget, quality and safety are maintained.
Years of Experience
Over 32 years
Education
Construction Technology
Southwestern College, Chula Vista
As Superintendent Mr. Chandler has proven to be a highly experienced leader. Dan carries over 32
years of experience under his belt and is known for his natural ability to motivate a team focused on
safety and effective working relationships. Although one of the most recent additions to Cornerstone
Building Group, Mr. Chandler has already established his reputation as a man with a very high level of
integrity for his work. He not only gets the job done, but he completes projects ahead of schedule; even
when working under an already compressed timeframe.
Much of Mr. Chandler's experience consists of but is not limited to major renovations and new construc-
tion of professional office buildings, hospitals, custom homes and schools. Throughout the execution of
these projects Mr. Chandler has perfected his ability to efficiently maintain daily records, review budgets,
negotiate with subcontractors and vendors as well as schedule and direct all inspections with city
officials. In addition, Mr. Chandler has mastered an ability to coordinate trades and maintain productive
working relationships to ensure owner needs are not only met, but exceeded.
CORNERSTONE
Building Group
5
Construction Management Services
Cornerstone Building Group believes that the successful completion of a project rests on a strong
foundation of accurate planning; combined with a teamwork mentality. In our experience the
professionals involved in the building process can have somewhat differing goals and concerns. It is
critical to coordinate between the architects vision, the owners unique project goals and project needs
according to the builder; from the inception of a project.
Scheduling
Cost Control
Cost Estimating
Budgeting
Minimizing of Change Orders
Constructability Reviews
Managing and Coordination of Bidding Process
Value Engineering
Full Supervision and Coordination of Trade Contractors
Conduct Weekly Progress and Owners Meetings, as well as distribute Meeting Minutes
Update and Re -Issue the Master Project Schedule
Maintain a Cost Control System and Report Format
Maintain All Cost Accounting Records
Obtain Progress Photographs
Review and Reconcile Contractors Schedule of Values
Develop Cash Flow Reports and Forecasts
Maintain and Monitor copies of all Plans, Shop Drawings, Submittals, as well as Operations and
Maintenance Manuals
Prepare and Distribute Project Status Reports
Provide Quality Assurance
CO RNERSTON E
Building Group
s of Experience.
6
Construction Management Services
Work Directly With Client to Coordinate the Arrival and Installation of Owner Furnished Materials
into the Master Project Schedule
Coordinate With Subcontractors and Manufacturers in Order to Schedule Necessary Training for
End Users, Maintenance and Operations Staff
Conduct 10-month Warranty Inspection
Assist In Warranty Problem Resolution If Applicable
Compile all Contractor Turn -Over items
Review Operating instructions and Maintenance Manuals for Mechanical and Electrical
Equipment
Ensure that Contractors Sign Final Lien Releases and Conform to all Closeout Requirements
Cost Management
Review of Cost Loaded Schedules from Subcontractors to Prevent Front -End Load Progress
Payment Requests
Separation of Bid Packages to Provide More Accurate Scope of Work and Therefore Better
Pncing
Separation of Bids from Multiple Prime Contractors to Eliminate Cross Over Bidding and
Prevent Omissions of In Scope Work by Bidders
Reduction of Change Order Costs Due to Direct Dealings with Separate Prime Contractors;
which Eliminates Multiple Mark -Ups
Time Management
Segment Project into Different Elements to Provide Opportunity to Start on Early Phases of Work
Reduced Chain of Inquiry Reduces Delays , Address Questions Promptly and Avoids Conflicts
among Multiple Prime Contractors
Close Cooperation with Design Team Aids Contractors and Owners to Gain Rapid Clarification of
Drawings
Ability to Rapidly Respond to RFI's by Subcontractors Eliminates Unnecessary Delays in the
Project Schedule
Quality Management
Close Observation of Work in Progress on a Daily Basis Greatly Improves Quality Control
Improved Response Time to Service and Warranty Calls
CM is Better Able to Evaluate the Full Range of Submittals and Identify Limitations Due to Being
the Single Source for Soliciting Bids,
CORNERSTONE
6ui{tling Oroup
s of Experience
7
Cost Summary
A recent report by the Construction Industry Institute (CII) revealed that cooperative relationships and
mutual trust among parties involved in Construction Projects is directly related to lower project costs and
timely completion. Unfortunately, although some construction companies may seem to be a better
bargain based on fees alone, they will attempt to make up for what they see as a lost profit margin
through future change orders. Because Cornerstone Building Group truly believes in establishing a long
lasting working relationship with the City of National City, we are committed to being honest and upfront
during all phases of the construction process; starting with our hourly rates. Within these fees lies the
expertise and ability to prevent unexpected and oftentimes costly problems throughout the Construction
process.
Construction Management Services
CORNERSTONE
Building Group
ACORD.,
CERTIFICATE OF LIABILITY INSURANCE
DATE
10-04-2006
PRODUCER
DRIVER ALLIANT INS SVCS INC/PHS
160609 P:(866)467-8730 F:(877)905-0457
0 BOX 33015
I �AN ANTONIO TX 78265
INSURED
CORNERSTONE BUILDING GROUP
3590 KETTNER BLVD.
ISAN DIEGO CA 92101
COVERAGES
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURERA: Hartford Fire Ins Co
INSURER B:
INSURER C:
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILNSR
TR
TYPE OF INSURANCE
POLICY NUMBER DA E MMF D/YYI I DA EYIMMPDPIYYI I LIMITS
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE $
FIRE DAMAGE (Any one tire)
$
CLAIMS MADE I I OCCUR
MED EXP (Any one person/
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GEN'L
AGGREGATE LIMIT APPLIES PER:
POLICY I 1 PROCT-
I JEI J LOC
PRODUCTS - COMP/OP AGG
$
A
AUTOMOBILE
X
X
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
72 UEC AH5425
09/15/06
09/15/07
CO accident)
(EaCOMBINED SINGLE LIMIT
$l, 000, 000
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
$
GARAGE
LIABIUTY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
S
AUTO ONLY: AGG
$
EXCESS
LIABILITY
OCCUR 1 I CLAIMS MADE
EACH OCCURRENCE
$
AGGREGATE
8
S
$
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
I nRY LIMITS I OER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RECEIVED
�I
Those usual to the Insured's Operations. RECEIVED
Community
)eveiooment Commission
CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER:
CANCELLATION
Community Development Commission
-If the City of National City and
is officers, agents and employees
140 E. 12th St. Ste B
National City, CA 91950
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE 110 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE
HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO
OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
REPRESENTATIVES.
A ORI D RE)RESENiA71�
ACORD 25-5 (7/97)
ACORD CORPORATION 1988
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
February 22, 2007
Mr. Michael Najera
President
Cornerstone Building Group
3590 Kettner Blvd.
San Diego, CA 92101
Dear Mr. Najera,
On January 22nd, 2007 an Agreement was entered between the Community
Development Commission of the City of National City and Cornerstone Building
Group.
We are enclosing for your records a fully executed original agreement.
Sincerely,
(V
,A
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Community Development Commission
® Recycled Paper