HomeMy WebLinkAbout2008 CON Stevens Construction - Former Library Remodel ProjectCON'I'RACT
NATION AI. CITY LIBRARY REMODEL FOR THE SAN DIEGO REP PROJECT
SPECIFICATION NO. 08-01
TIIIS CONTRACT, made and entered into this March 4, 2008 by and between the City of
National City, California, herein after designated as the "City", and MA 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
materials and labor for:
NATIONAL CITY LIBRARY REMODEL FOR TIIE SAN DIEGO REP 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 be encountered in the prosecution of the work until its
acceptance by the City and for all risks of every description connected with the work; also, for
all expenses incurred by or in consequence of the suspension or discontinuance of work, except
such as in said specifications are expressly stipulated to be borne by the City and for well and
faithfully completing the work and the whole thereof, in the manner shown and described in
the said plans and specifications, the City will pay and the Contractor shall receive in lull
compensation therefore the sum of One Million One Hundred Eight Thousand Dollars
($1,108,000).
3. The City hereby promises and agrees to employ, and does hereby employ said
Contractor to provide the materials and to do the work according to the terms and conditions
herein contained and referred to for the price aforesaid and hereby conditions set forth in the
specification; and the said parties for themselves, their heirs, executors, administrators,
successors and assigns, do hereby agree to the full performance of the covenants herein
contained.
24
CONTRACT (CONTINUED)
NATIONAL. CITY LIBRARY REMODEL FOR THE SAN I)IEGO REP PROJECT
SPECIFICATION NO. 08-01
4. The Notice Inviting Bids, Instructions To Bidders, Bid Forms, Agreement and Bond
Forms, Construction Administration Forms, Completion of the Project Forms, General
Requirements and • General Conditions, Drawings and Specifications, Addenda, Allowances,
and all amendments thereof, are hereby incorporated in and made part of this Contract.
5. The City, the City's representative, the Architect, the Consultants, the Contniction
Manager and authorized volunteers shall not he answerable or accountable in any manner for
any loss or damage that may happen to the work or any part thereof, or for any of the
materials or other things used or employed in performing the work, of for injury or damage to
any person or persons, either workers, employees of Contractor or its subcontractors or the
public, or for damage to adjoining or other property, from any cause whatsoever arising out of
or in connection with the performance of the work. The Contractor shall he responsible for any
damage or injury to any person or property resulting from detects or obstructions or from any
cause whatsoever arising out of or in connection with the performance of the work, provided,
however, that the Contractor shall not be liable for the sole established negligence, willful
misconduct or active negligence of the City, its representatives, employees, agents and
authorized volunteers who arc directly responsible to the City.
a. Contractor shall indemnify the City, City Council, City officials, City
employees, City representatives, and authorized volunteers against and will hold
and save them and each of them harmless from any and all actions, claims,
damages to persons or property, penalties, obligations or liabilities that may be
asserted or claimed by ally person, firm entity, corporation, political subdivision
or other organization arising out of or in connection with the work, operation or
activities of Contractor, its agents, employees, subcontractors or invitees,
provided for herein, whether or not there is concurrent passive or active
negligence on the part of the City, City Council, City officials, City employees,
City representatives, and authorized volunteers, but excluding such actions,
claims, damages to persons or property penalties, obligations or liabilities
arising from the sole established negligence, willful misconduct or active
negligence of the ('ity, City Council, City officials, City employees, City
representatives, authorized volunteers, or those who are directly responsible to
them; and in connection therewith:
1) Contractor will defend any action or actions filed in connection with any
of said claims, damages, penalties, obligations or liabilities and will pay
all costs and expenses, including attorney's fees incurred in connection
therewith.
2) Contractor will promptly pay any judgment rendered against Contractor, the
City, City Council, City officials, City employees, City representatives, and
authorized volunteers covering such claims, damages, penalties, obligations
and liabilities arising out of or in connection with such work, operations, or
activities of Contractor hereunder and Contractor agrees to save and hold the
City, City Council, City officials, City employees, City representatives, and
authorized volunteers harmless there from.
25
CONTRACT (CONTiMJED)
NATIONAL CITY LIBRARY REMODEL. FOR SAN 1)IEGO REP PROJECT
SPECIFICATION NO. 08-01
3) In the event the City, City Council, City officials, City employees, City
representatives, and authorized volunteers are made a party to any action
or proceeding filed or prosecuted against Contractor for such damages or
other claims arising out of or in connection with the Work, or operation
or activities of Contractor hereunder, Contractor agrees to pay to the
City, City Council, City officials, City employees, City representatives,
and authorized volunteers any and all costs and expenses incurred by the
City, City Council, City officials, City employees, City representatives,
and authorized volunteers in such action or proceeding together with
reasonable attorney's fees.
4) The City may retain, to the extent it deems necessary, the money due to
the Contractor under and by virtue of the Contract Documents until
disposition has been made of such actions or claims for damages as
specified herein above.
6. Claims, disputes and other matters in question between the parties to this Contract,
arising out of or relating to this Contract or the breach thereof, may he 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, CI1'Y, and any other
person sought to be joined. (Any Consent to arbitration involving an additional person or
persons shall not constitute consent of any dispute not described therein or with any person not
named or described therein.) This agreement to arbitrate and any agreement to arbitrate with
an additional person or persons duly consented to by the parties to this Contract shall be
specifically enforceable under the prevailing arbitration law.
Notice of the demand for arbitration is to he filed in writing with the other party to this
Contract and with the American Arbitration Association. 'I'hc 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. 1'he award rendered by the arbitrators shall be final and
judgment may be enter upon it in accordance with applicable law in any court having
jurisdiction thereof.
7. 1'Ihc Contractor agrees to comply with all I.ocal, 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.
26
CONTRACT (CONTINUED)
NATIONAL CITY LIBRARY REMODEL. FOR TILE SAN DIEGO REP PROJECT
SPECIFICATION NO. 08-01
K. If any party brings a suit or action against the other party arising from any breach of
any of the covenants or agreements or any inaccuracies in any of the representations and
warranties on the part of the other party arising out of this Agreement, then in that event, the
prevailing party in such action or dispute, whether by final judgment or out -of -court
settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys fees.
9. Each and every provision of law and clause required to be inserted in this Contract
shall be deemed to be inserted herein and this Contract shall be read and enforced as though it
were included herein, and if through mistake or otherwise any such provision is not inserted or
is not inserted correctly, then upon application of either party the Contract shall forthwith by
physically amended to make such insertion or correction.
10. In accordance with Government Code, Section 8546.7, records of both the City and
the Contractor shall be subject to examination and audit for a period of three (3) years after
final payment.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three
counterparts, each of which shall be deemed an original the day and year first above written.
CONTRACTOR:
n
Title: MuV�C S'r -ePS - I'r,.1d-en-
(CITY:
By:
Title: % U Y lI S) W,(A" " -rre U s U r-e Y
Federal ID. No. i -
By:
Title: Mayor, City of
AT 1TiS`I':
By:
Title Ci Clerk, it, f National City
(Notaries acknowledgement of execution by all PRINC1 At:S'`OF CON'I'RACTOR shall he
attached.)
ona City
27
CONTRACT (CONTINUED)
NATIONAL. CITY LIBRARY REMODEL FOR TIIE SAN DIEGO RI?P PROJECT
SPECIFICATION NO. 08-01
CORPORATE CERTIFICATE
1, Ma rK S-1-a'� certify that I am the Secretary of the Corporation
named as',// Contractor in the foregoing Contract; that
U VK--Wt , who signed said contract on behalf of the
Contractor, was then pi'e61 den 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.
1, WYK-- Sf.(/viAlS
certify that I am the Secretary of the Corporation
named ' as Contractor in the foregoing Contract; that
4/1 ^/
a r S T.(A/,(M , who signed said contract on behalf of the
Contractor, was then '(VeU.uktY of said
Corporation; that said contract was duly signed for and in behalf of said Corporation by
authority of its governing body and is within the scope of its corporate powers.
Corporate Seal:
28
CONTRACT (CONTINUED)
NATIONAL CITY LIBRARY REMODEL FOR THE SAN DIEGO REP PROJECT
SPECII'ICA'I'ION NO. 08-01
PARTNERSHIP 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 Scal)
Known to me to be of the partners of the partnership
that executed the within instrument, and acknowledged to me that such partnership executed
the same.
Signature:
Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires:
29
Issued in Triplicate
Premium will be adjusted
based on final contract price
Bond NO.: SU 5024688
Premium: Included in Performance Bond
PAYMENT BOND
NATIONAL CITY LIBRARY REMODEL FOR THE SAN DIEGO REP PROJECT
SPECIFICATION NO. 08-01
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City Council of the City of National City, by Resolution lNy . 2008-43. passed
the March 4. 2008 has awarded to MA Stevens Construction, hereinafter designated as the
"Principal", the National City Library Remodel for the San Diego Rep 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, arc held and firmly bound unto the
City Council of the City of National City, hereinafter called the "Council", in the penal sum of
Qatjylillion One I{undred Eittht Thousand Dollars (S1,108,000) 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 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
Unemploymetu Insurance Code with respect to work or labor performed by any such claimant,
or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax
Board from the wages of employees of the Contractor and his subcontractors pursuant to
Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the
Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and
also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the
Court.
This Bond shall inure to the benefit of any of the persons named in Section 3181 of the
California Civil Code, so as to give a right of action to such persons or their assigns in any suit
brought upon this bond.
33
cxxthia parnlett. (SEAL)
attorney -in -Fact
Surety
34
PAYMENT 13ONU (CON'TINUED)
NATIONAL. CI'l'Y LIBRARY REMODEL FOR THE SAN DIEGO REP PROTECT
SPEC:MC:A.60N NO. 08-01
Itis 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 hereinabove described
or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by
any change on modification of any terms of payment or extension of the time for any payment
pertaining or elating to any scheme or work of improvement hcreiriahove described, nor by
any rescission or attempted rescission of the contract, agreement or bond, nor by any
conditions prdcedent or subsequent in the bond attempting to limit the right of recovery of
claimants otlitlrwisc entitled to recover under any such contract or agreement or under the
bond, nor by fny fraud practiced by any person other than the claimant seeking to recover on
die bond and tat 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 he
released from liability to those for whose benefit. such bond has been given, by reason of any
breach of cunt actbetween die 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 he that claimant is a
person described in Section 3110 or 3112 of the California Civil C.ode, and has not been paid
the full amou t of his claim and that Surely does hereby waive notice of any sueli change,
extension of ti ne, addition, alteration or modification herein mentioned,
IN WITNESS !WHEREOF three identical counterparts of this instrument, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the Principal and
Surety above named, on the 6th day cif March , 200_11.
(SEAL) H.A. Stevens Construction
inc. (SEAL)
(SEAL)•?'! (SEAL)
(SEAL)
Principal
PAYMENT BOND (CONTINUED)
NATIONAL CITY LIBRARY REMODEL. FOR THE SAN DIEGO REP PROJECT
SPECIFICATION NO. 08-01
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STA'I'ti OF California )
) SS
COUNTY OF San Diego J
On tliis day 6th Of March , 200 _, before me, the undersigned, a Notary Public in
and for said County and State, personally appeared
Cynthia Barnett known to me to be • the person whose
name is subscribed to the within instrument as the attorney-in-facf of the
Arch Insurance Company , the corporation named as Surety in said
instrument, and acknowledged to me that he subscribed the name of said corporation thereto as
Surety, and his own name as attorney -in -fact.
NOTE: Signature of those executing for
Surety must be properly
acknowledged.
Signature:
NOTE: The Attorney -in -fact shall attach a
certified copy of the Power of
Attorney.
Name (Type or Print): Dana L. Michaelis
(Notary Public in and for said County and State)
My Commission expires:
June 27, 2008
APPROVED AS TO FORM:
By:
George')-i. Eiser, Ill
City Attorney
DANA
mmist.n#14973
Commission # 1497S
332
Notary Public - California
San Diego County
My Comm. Expires Jun 27, 2008
35
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 eny 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 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 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 to U.S.A.
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. NilsenAecretary
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
Arch Insurance Company
•
Edward M. Titus ice President
I 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 apcLvoluntary act oL said corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PETER J. CALLEO, ESQ.
Notary Public, State of New York
No. 02CA6109336
Qt•:lified In New York County
Commission Expires May 3, 2008
CERTIFICATION
Pe
r
J.
My commiss
Note ublic
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 hereunto subscribed rrry name and affi d the corpora s I of the a Arch Insurance
Company on this 6 th day of • March . 20. 08 _ ee14. Martin J. Nils Secretary
This Power of Attomey 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.
aoa..ct1 in Triplicate Premium will be adjusted
based on final contract price
Bond No.: SU 5024688
Premium: $22,160.00
PERFORMANCE BOND
NATIONAL CITYLBRARY REMODEL FOR THE SAN DIEGO REP PROJECT
SPECIFICATION NO. O8-01
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City Council of the City of National City, by Jtesolution NQ 2(X)8-43,
passed the March 4, 2008 has awarded to MA Stevens Construction, hereinafter designated as
the "Principal", the National City Library Remodel for the San Diego Rep Project.
WHEREAS, said Principal is required under the terms of said contract to furnish a bond
for the faithful performance of said contract.
NOW, ' THEREFORE, we, the Principal and
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 One Million One Hundred_Eight Thousand Dollars ($1,108.000) 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 perforated 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 retrain 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.
30
PERFORMANCE BOND (CONTINUED)
NATIONAL CITY LIBRARY REMODEL FOR THE SAN DIEGO REP PROJECT
SPECIFICATION NO, 08-01
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 auorney's fee to be fixed by the Court.
IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on the 6th day of March , 2(K) OB.
Arch Insurance Compan
(SEAL) M.A. Stevens Construction, Inc. (SEAT.)
liAL)
hia Barnett,. —(SEAL) (SEAL)
Attorney -in -Fact
Surety
31
Principal
PERFORMANCE BOND (CONTINUED)
NATIONAL. Cll'Y LIBRARY REMODEL FOR THE SAN DIEGO REP PROJECT
SPECIFICATION NO. 08-01
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE 01; California )
) SS
COUNTY OF San Diego )
On this _6th day of March , 200 8 , before me, the undersigned, a Notary Public in
and for said County and State, personally appeared
Cynthia Barnett
known to me to be the person whose
name is subscribed to the within instnimeut as the attorney -in -fact of the
Arch Insurance Company , the corporation named as Surety in said
iustrument, 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.
NOTE: The Attorney -in -fact must attach a
certified copy of the Power of
Attorney.
Signature:
Name (Type or Print): Dana L. Michaelis
Notary Public in and for said County and State
My Commission expires: June 27,
APPROVED
AS TO FORM: . George 11. liiser,
City Attorney
2008
32
DANA L. MICHAELIS
Commission # 1497332
j Notary Public - California
San Diego County
My Comm. Expires Jun 27.2008
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/Secretary
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
Arch Insurance Company
Edward M. TitusNice President
I 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 apcivoluntary act said corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PETER J. CALLEO, ESQ.
Notary Public, State of New York
No. 02CA6109336
Commission Expires May
Or Jified In New York County
3. 2008
CERTIFICATION
Pe
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 hereunto subscribed my name and affi d the corporate se 1 of the Arch Insurance
Company on this 6th day of _ March 20_ 08 Cl Jt it
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 Attorneys) -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, Missomti.;_ ,
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 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 to U.S.A.
IR-0 2"^? 02:50Fp' *[OW- T-902 F.G02/005 F-240
ACORD CERTIFICATE OF LIABILITY INSURANCE sTBTI ;1 0305/06
PACLI•:CEP.
Wataridge Snsc=cc Yc-sv$c®:r
10717 Sorrento Valley Rd.
San Diego CA 92121
Phorme:658-4922-2200 Fax:856-452-6004
INSURER
M.A. Stevens Construction, Inc
125 East 17th Street.
Nat-t-na.1 City CA 91N50
THIS CERTIFICATE IS I$SUEO AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THS CERTIFICATE 00E6 NOT AMEND, EXTSNO OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
INSURERS AFFORDING COVERAGE I NAIC #
INSURER A Great Mve.aan Ins. Copiny
?JSa MER B' Anon -Loma Ewecler Ineoranve CO.
wq 0 R C TOGA Insurance Company
eaDHeR D
MISUNER P
earctera coeval ey Ineorance Co
COVERAGES
THE POLICES Of RNSLMANCf LMI ID likLOW HAVE AEON IBSUEP IQ THE INPAISEP HAMM, AYtMIY FUH I HG POLICY PERIOD INPICATfaP. NOTIAOHSI AMRHt:
ANY f 0UIRfiFAENT, TERM OR CONQRION Or ANY CONTACT OR OTHER DGCLINE,J�T W•aT�H MRESPECT TO WHICH THIS CEERTIFICATE MAY BE ;SKIED OR
NAY PeRTARN• The IoouaAHLE AFF 'f, D BY THE POC:IES OEM SCRISSO HI 1S 'rt./EJECT TO Al l THE TFPMv. EsCIL SIONS AND C•ORO TORS Of avCti
POLICIES_ AGGREOATt UM/ Id SLK)YIN MAY HAVE BEEN REOVCE0 BY PAID CLAIMS.
LTa
M TYPE OF INSIRAm:t
1ttAMIZ7 WE( j UNITS
POLICY N ISEER
A
X
GENERAL
LUBiLlTY
cOMMERCA&GE.NERAtLIAA'J•tr
! GLTi310SI03
!
05/17/07 . 05/17/08
• EACH OCCURRENCE
11,000,000
X
' P Ceme os)
$ 50, 000 '
C .AIMs IAADE X { OCCUR
I MEO EX? (Any ono Pwsai)
$ EXCLUDED
1 PER86NAL N.A6tt INJURY
$ 1, 000 , 000
OLNSXAL ASCRECAT[
t2,000,000
aer+L AGGRcop:re Loor.4`s,LI`; rut
PROOutTS -cOMia Or AOG
$ 2, 000 , 000
Pot ev IX j j ! LOC
8
AYYOMO&LE
UARItITV
NYAi
Am
ALL OYMIED AUTOS
1 RCHPMILE0AUTOS
HIRED AL7^&
NON-C MNEDA.L7OS
02O 09520E13
04/07/07
; 04/07/08
' COIantaro SiNGL= txatt
' (E8° I
i1,ROO,t1ot!
j 800&.Y INJURY
(PSI Palm)
s - . -
X
AiA:uLt INJURY
( )
_Thiel
PROPERTY DAMAGE
MOT =OW
WRAC-
A IUTY
AK: AUTO
I
1
AVM ONLY - LAACCIOSN7 $
�_
OTHER THAN ACC $
AUTO ONLT AGG t
t^.
FXC£SS)U.MSRq.LA:IALCUTY
X
XT,2210002
—...•�
OS/77/07 1 05/17/08
Y.
EACHOCCiIRRENCe
12,000,000
°eon n cLAnasMAau
Ac.;iarr
s 2,000,000
_
RETENTION 9
s
1
WORKERS
EMPLOYE
ANY
OPFICERUEMBER
ITc,
SPECAL
WNPtittiM1UN AND
ilSLG81ttTY.
PROPRICTOR/PARINERIE,}ECiTNE
EXCLUDED?
-
1
WC "STAMP- UTH-
TWtY LIMiIS ER
ICIDDIT
El EACH K.4
S
EL DISFasF- EA r7 PU VEE1
S
aAL PRO ADIOS
PROIASIONS P.oa
r--
EL uLSF=aF - POLICY t WIT
$
D
OTHER
Equipment Floater 172BBAAR6354
11/18/06
I
11/18/07
Ded. $250 $15,000
DtyCRWP RON OF
*EXCEPT
OF NATIONAL
ARE WADDED
CG2033 07/04
(xXX)
OPERATIONS/ LOCATIONS t VEH[GI.ESt
E XcUJ6 ONS ACHW.D @Y FNDOR98lETIT!
CANCELLATION YEA NON
JPECtAL PROVISIONS
-PAINE= OF
PREMIUM.
THE CITY COUNCIL
PER
LIBRARY REMODEL
TNT CITY
10-DAYS NOTICE OF
CITY, ITS OFFICERS,
ADDITIONAL INSURED
if/PRIMARY 811DT
EMPLOYEES AND
AGENTS AND
LIABTLZTY
CITY
WITH RESPECT TO GENERAL
ATTACHED. RE: NATIONAL
ATTACHED
CERTIFICATE ItOt-4Uttt.
CANCELLATION
SIMLA ANY Of The ADOVG ae stseo routCS ere QATtQcJ.CV Ac Ost T OftIRATlON
DATE TNUMODF, TNEMS5 t1 G IIp3UPZIL POLL. ltMtMeA4Ke NAtL 3 0 A CULTS METIER
POTMQETO THECERTMrtGATE HOLDER NMIED To THE LEFT,
bNAT1002
CITY OF NMTIONAL CITY
OPPIct nF TAW CSIQv iRTf.`rwri R
1243 NATIONAL CITY BLVD.
NAiIOt:>iL CITY CA 91950
A REPRIDENT Ve
way
ACORD 25 (2001A X)
ACORD CORPORATION 19438
MAR-05-2O0R 62:5r? -r=rii- T-E12 P CC5 003 240
CERThOLDER COPY
STATE
COMPirmsAT1e1N
1 re $J Pt A N C le
P.O. BOX 420907, SAN FRANCISCO,CA 94142-0807
FUND CERTIFICATE OF WOR RS COMPENSATION INSURANCE
ISSUE DATE: OD-QS-2001
MOOR 000228
POLICY hAJASSER 0033945-2007
CERTIFICATE I0 44
CERTIFICATE EXPIRES:04-01-2008
04-01-2007/04-01-2008
CITY OF NATIONAL CITY SO 008:NATIONAL CITY LIBRARY REMODEL
OFFICE OF THE CITY ENGINEER
1243 NATIONAL CITY BLVD
NATIONAL CITY CA G18E0-4301
This Is to certify that reef have ibsutiai n vslid Workers' Compensation insurance poHey In a form approved by the
California ins.rtanee Commissioner to the empiow named blow for the poiloy period that will expire or did
expire as indicated above.
This certificate of Insurance is not an insurance policy and does not attend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement term or Cendttion of any contract or other document
with respect to which this certificate of insurance may be issued or to whit" tt may Peron. the insurance
afforded by the policy described herein is subject to all the terms. exclusions. and conditions, of such policy.
0/k94>s/tX ifts.CN1 LqIAt-.A-JC-e
tZFtt gIVPRESENTATi4g.i PRESIDENT
EMPLOYER'S LIABILITY LIMY INCLUOING DEFENSE COSTS: $1,004,000 PER OCCURRENCE.
ENDORSEMENT Atii00 - MARK ALLEN STEVENS PST - EXCLUO@.
ENDORSEMENT I20G8 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-28-2007 IS
ATTACI#D TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
STEVENS. NARK A AND/OR M A STEVENS
CONSTRUCTION INC
123 E 17TM ST
NATIONAL CITY CA 91900
OiEV.2-0t4
5D
[818.30]
PRYMYYO : 03-0E-200ft
MAR-05-2008 02:59PM FRO- 7-;77:2 7 7,iPCI5 7-24C
5/17107 -, 5/17108
THIS ENDORSEMENT CHANGES THE POI tCY. PLEASE READ IT CAREFULLY
PRIMARY NON-CONTRIBUTORY INSURANCE ENDORSEMENT
It is leak noted and agreed that effective upon inception, this poky shall be considered primary to any *niter
insurance hetd by third patties in respect to vrOf ft performed by you under twitter) contractual agrcernont(s) with said Mint
Parties and other Insurance which may be availabie to such other third palter' will be non-conbibutory.
section Pt., Coandidan 4., at ems policy is emended accordingly.
The third party to whom this endorsement appruss
AS REQURED EY WRITTEN CONTRACT
1
VAR-05-2009 0Z:59F4 :;iv -
POLICY #CLP3108103
5/17/07 - 5/17/08
T-9122 r'009/005 F-240
CORAUERCIAL GENERAL LIABILITY
CG20330704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsor/left modifies irate provided Ear the following:
COMMER /tL GENERAL LPAB0.7TY COVERAGE PART
A. Section 8 - Who le M Insured Is emended to
include as an additinai insured any person ar ra-
genlration far whom you are perfOrming operations
when you and such person ar organization have
agreed In mem In a contract or agreement Mat
such person or organization be added as an oddi•
basil insured of your policy. Such person or or-
ganization is an additional InSured only whit re-
spect to sty for "bodily elegy, "property
damage" or 'personal and acivertisi►ng ornery
caused, in whole dr in part, bar
1. Your efts or orrtissions; or
2. The sets or anSsalartc of those acttng an your
behalf;
in the performer =e Of your ongokbg operations for
the additional insured.
A person or or on's status as ten additional
Mimed under this endcrscm nt ender when your
operations for that addtttonat Insured are com-
pleted.
CG20SS0704
8. tints respect to the insurance afforded to these
additional insured% the following additional exci-
sions apply:
This insurance does not apply to:
1 'BodaY Norf. oPertY deniable or *Personal
end advertising injury" atisintt out of the meter-
ing of, ar the failure to render. eV ixofessional
drat, engineering or surveying aer-
viCeS, including:
a. The preparing, approving, or filling t4 pre -
pure ar approve, maps, shop draw(ngs.
opinions, reports. surveys, field orders,
ciumgee orders or drawings and specifica-
tions; or
b. Supervisory. inspection, architectural or
engineering activities.
2 '6odly injury' or "property damage occurring
after:
a. work, Including materiels, parts or
equipment furnished in connection with
such work, an the project (other then ser-
vice. manteriance or repairs) to be per-
formed by or on behalf of the addltional in-
sureds} at the tocatIun r f Iine covered
operations has been completed; or
b. That portion of 'your work* out of which the
injury or aamage arises has been put to its
Intended use by any parson or organization
other than anoihee Wirecta or subcontrac-
tor engaged in prming opera for a
principal as a part of the same project.
C► iSO Properties, Inc., 21O4
Page 1 of 1 A
RESOLUTION NO. 2008 — 43
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AWARDING A CONTRACT TO
M.A. STEVENS CONSTRUCTION, INC.
IN THE BASE BID AMOUNT OF $1,018,000,
AND ADDITIVE BID AMOUNT OF $90,000
FOR THE NATIONAL CITY FORMER
LIBRARY REMODEL PROJECT
WHEREAS, the Engineering Department, in open session on February 25, 2008,
did publicly open, examine, and declare ten sealed bids for the National City Former Library
Remodel Project; and
WHEREAS, considering only the base bid amount, M.A. Stevens Construction,
Inc. was the low bidder; and
WHEREAS, with the current economy situation and the cost of construction
material and labor rising, the Engineering Department has determined that it would be cost and
time effective to award both the base and additive bids to the low bidder.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby awards the contract for the National City Former Library Remodel Project
to the lowest responsive, responsible bidder, to wit:
M.A. STEVENS CONSTRUCTION, INC.
BE IT FURTHER RESOLVED by the City Council of the City of National City that
the Mayor is hereby authorized to execute on behalf of the City a contract in the base amount of
$1,018,000 and additive amount of $90,000 with M.A. Stevens Construction, Inc. for the
National City Former Library Remodel Project. Said contract is on file in the office of the City
Clerk.
PASSED and ADOPTED this 4th day of March, 2008.
ri Mom s`on, Mayor
ATTEST:
Mi ael R. Dalla, ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on March 4,
2008 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
A 14
City Clerk of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-43 of the City of National City, Califomia, passed and adopted
by the Council of said City on March 4, 2008.
City Clerk of the City of National City, California
By:
Deputy
Ca00% -\o
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE March 4, 2008
AGENDA ITEM NO.
10
ITEM TITLE Resolution of the City Council of National City awarding a contract to MA Stevens
Construction, Inc. in the base bid amount of $1,018,000 and additive bid amount of $90,000 for the
National City former Library Remodel Project (Funding through 2004 Tax Allocation Bond)
PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT. 4387
EXPLANATION
See attahced explanation.
Environmental Review X N/A
MIS Approval
Financial Statement Approved By: V tAW's
The total estimated amount for the work is $1,296,360 that
material testing ($33,240), 4% for construction engineering
(Funding through 2004 Tax Allocation Bond)
Finifnce Director
includes base and ad ' e bids ($1,108,000), 3% for
($44,320) and 10% for contingencies ($110.8001.
Account No 900744
STAFF RECOMMENDATION
Ad pt the ReJt
SION RECOMMEDATION
N/A
ATTACHMENTS (Listed Below)
1. Resolution
2. Bid Opening Information Sheet
Resolution No.
'doo$-y3
A-200 (Rev. 7/03)
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 17, 2008
Mr. Mark Stevens
President
M.A. Stevens Construction, Inc.
125 East 17th Street
National City, CA 91950
Dear M evens,
MARK
On March 4th, 2008, Resolution No. 2008-43 was passed and adopted by the
City Council of National City, awarding a contract to M.A. Stevens Construction,
Inc.
We are enclosing for your records a certified copy of the above Resolution and a
fully executed original contract.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosures
® Recycled Paler