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2009 CON CDC Sweetwater Authority - Water Facilities Bay Marina Drive Widening
AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES 1/4141 THIS AGREEMENT is made and entered into this day of rl 20 c `j , by and between SWEETWATER AUTHORITY, hereinafter called the "Authority," and City of National City Community Development Commission hereinafter called the "Owner." A. In the near future, the Owner desires to install a water main or mains and appurtenances to service his property. B. The Authority will own and operate such facilities, if constructed in the manner set forth herein. C. The parties desire, by this Agreement, to provide for the construction and completion of such facilities. NOW, THEREFORE, it is agreed: 1. The Owner hereby agrees, at his own cost and expense, to furnish all labor, equipment, and material to perform and complete, and within three hundred sixty five (365) days from the date of this Agreement by the Authority, to perform and complete in a good, workmanlike manner, according to the plans attached hereto and made a part of this Agreement, and in accordance with other special conditions noted in Exhibit "B" on file at the office of the Authority and any other plans or specifications referred to in this Agreement, the following subdivision improvements: Water facilities as shown on the attached plans and in accordance with the Authority's Standard Specifications and any other plans or specifications referred to by this Agreement or referred to in the attachments. (Exhibit "A," Exhibit "B," Faithful Performance Bond, Laborer's and Materialmen's Payment Bond, and/or Instrument of Credit, Set Aside Letter, and Certificate of Insurance, etc.) 2. The Owner agrees that the work shall be done by a Class "A" OR "C-34" licensed contractor, and that the work shall be subject to inspection by and to the satisfaction of the Authority and the improvement shall not be deemed complete until approved and accepted in writing by the Authority. The estimated cost of said water facilities is the sum of TWENTY THOUSAND AND NO DOLLARS ($20,000). The Owner's obligation under this Agreement extends to the completion of the improvements, as hereinabove set forth, and is not limited by the amount of the cost estimate. The Owner further agrees that the cost estimate is an estimate only, not intended to constitute liquidated damages or a limitation on the obligations of EXECUTED COPY AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES the Owner. The Authority shall be allowed to inspect the facilities during all stages of construction. The Authority shall be notified a minimum of forty-eight (48) hours prior to the commencement of construction. After completion of the facilities in accordance with the approved plans and specifications, and not Tess than thirty- five (35) days after the filing with the County Recorder of a "Notice of Completion" by the Authority, the facilities shall be considered as donated to the Authority and shall be owned and operated by the Authority, if accepted by the Authority. The Authority will not accept the facilities unless they are free of mechanic's liens. The Owner shall furnish the Authority satisfactory proof (ordinarily in the form of a title company report) that no liens were filed against the project prior to the expiration of the lien period. 3. Monuments and stakes previously installed which are removed, altered, or destroyed prior to the completion of the improvements and their acceptance by the Authority shall be installed by the Owner within thirty (30) days after such acceptance by the Authority. 4. The Owner shall convey to the Authority easements covering the property in which the water facilities are located at all instances where the facilities are not located in a dedicated street. The Owner shall have his Engineer provide the Authority with a legal description and an 8-%2-inch x 11-inch plat of easements. The plat shall be a reproducible transparency with the Authority title block and shall fully locate and describe the easement. 5. The Owner shall pay to the Authority, upon execution of this Agreement, and prior to commencement of any work hereunder, the amount of the cash deposit set forth in the Authority's Water Main Estimate for engineering, inspection, and disinfection fees, and for other Authority work and special charges. 6. The Owner shall obtain, at his expense, all necessary permits required by the county, state, or other public agencies in connection with the construction of the water facilities. 7. The water facilities constructed by the Owner shall be connected by the Owner to the existing water lines of the Authority in a manner approved by the Authority. If water facilities are constructed in private streets, the streets shall be curbed and/or 2 AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES (2 c 3/ s/oq o ctrcct3, th constructed such that no damage to paving, structures, or landscaping will result from full flow fire hydrant testing or from failure of the Authority water facilities. Acceptance of facilities shall not be made until the following requirements have been complied with: a) All work has been completed in accordance with the plans and specifications, all gate wells have been set flush with the street surface, and meter boxes set to finish grade; b) A set of original plans (vellum prints), corrected to conform to the work as constructed, has been submitted to the Authority. 8. The water facilities shall be operated by the Authority in accordance with the rules and regulations of the Authority. Meter costs are not included in the estimated cost of water facilities and shall be paid by the Owner, in accordance with the Authority's rate schedule, as it exists. Water for construction purposes will be provided in accordance with Authority's Rates and Rules, and Standard Practices. 9. The Authority shall not, nor shall any officer or employee of the Authority, be liable or responsible for any accident, Toss, or damage happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the same, nor shall Authority, nor any officer or employee of the Authority, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by the Owner, who agrees to indemnify and save harmless the Authority and the officers and employees of the Authority from and against any and all claims, demands, losses, costs, and causes of action of any nature, and any expense incident to defense thereof (including attorney's fees), for injury to or death of persons or damage to property arising out of the construction of the water facilities. The Owner further agrees to protect the Authority and the officers and employees of the Authority from all liability or claims because of, or arising out of, the use of any patent or patented article in the construction of said improvements. The Owner shall cause the contractor to file with the Authority "Certificates of Insurance" in accordance with the Sweetwater Authority Special Administrative Policy - Insurance. 3 AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES 10. The Authority shall not, nor shall any officer or employee of the Authority, be liable for any portion of the expense of the aforesaid work or for the payment of any labor or materials furnished in connection therewith. 11. The Owner shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government. California Labor Code Sections 1720 et seq. and 1170 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. The Owner agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws. The Owner hereby agrees to indemnify and hold the Authority harmless for any and all claims arising from or relating to compliance with the Prevailing Wage Laws by the Owner or its subcontractors. 12. By its signature hereunder, the Owner certifies that it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the services. 13. The Owner shall file with the Authority, at the time of submitting this Agreement for approval by the Authority, the following improvement securities: a) A good and sufficient bond in an amount of not less than the estimated cost of one hundred percent (100%) of said work and improvements as above specified for the "Faithful Performance" of the terms and conditions of this Agreement, and b) A good and sufficient bond in an amount not less than one hundred percent (100%) of the estimated cost of said work and improvements as above specified securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement, "Laborer's and Materialmen's said Bond shall contain the provisions set forth in Section 3247 of the California Civil Code and shall inure to the benefit of those persons referred to therein." 4 AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES The form of the bond shall be as specified by the Authority. Should the sureties on either of said bonds become insufficient, the Owner agrees to renew said bond or bonds with good and sufficient sureties within ten (10) days after receiving notice that said sureties are insufficient. 14. In lieu of filing the bond, as referred to in paragraph (a) of Section 11, the Owner may furnish other improvement security in accordance with the Authority Standard Practices. Said improvement security shall be in the same amount and for the same purposes as the bond, as above specified, and in a form satisfactory to the Authority. 15. The Authority may make such changes, alterations, or :additions to the plans and specifications attached hereto which do not exceed ten percent (10%) of the original estimated cost of the improvement as may be determined necessary and desirable by the Authority for the proper completion of the said work and improvements and no such changes, alterations, or additions shall relieve the surety or sureties on any bond given for the faithful performance of this Agreement. 16. In the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, said extension may be granted by the Authority and shall in no way affect the validity of this Agreement or release the surety or sureties on any bond given for the faithful performance of this Agreement. 17. The Owner shall, and hereby does, guarantee all work for a period of one (1) year after date of acceptance of work by the Authority, and shall repair or replace any and all such work, together with any other work, which may be displaced in so doing, that may prove defective in workmanship and/or materials within a one (1) year period from date of acceptance of the work by the Authority without expense whatsoever to the Authority, ordinary wear and tear, unusual abuse, or neglect excepted. The Authority will give notice of observed defects with reasonable promptness. The Owner shall notify the Authority upon completion of repairs. In the event of an emergency, the Authority may make the repairs and the Owner shall be liable for all expenses incurred. In the event the Owner fails to comply with 5 AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES the Authority's request for correction within one (1) week after being notified in writing by the Authority, the Authority is hereby authorized to proceed to have the defects repaired and make good at the expense of the Owner, who hereby agrees to pay the cost and charges therefore, immediately upon demand. In the event the Authority elects to repair the defective work, such action by the Authority will not relieve the Owner of the guarantees provided in this paragraph. 18. The plans provided for in this Contract conform to the current standards of the Authority. The developer will be required to conform to the standards applicable on the date upon which construction is commenced on the development if construction is not commenced within six (6) months of the date of the execution hereof by the Authority. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day first above written. SWEETWATER AUTHORITY: `4--\. J e L. Smyth, Operations Manager Date: 3 - ---,� 5 CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION: Date: . 8/°4t NOTE: Plans to be attached to Agreement. Agreement to be attached to bond. I:\engr\Dev\Marina Gateway Streetscape\Stub-of-Main-Ph_1_DRAFT-AGMT-PKG\stub_main_IMPDEV.doc 6 MKvj �n •.e, • ds 4J .4411,0il..l3 404, EXHIBIT "A" Project: Marina Gateway Improvements, National City Date: February 24, 2009 1/4 Section 175 Inspection Deposit: National Clty's Contractor to install: Apx. 12"x8" tee and valves as first part of Bay Marina Drive Improvements. Install 12"X8" tee and valves per plan N 100 50 0 100 Feet CACAMMENNI • fh — mains i oenp_pocNaunetac.rneps Tnw GIWCIP_EIMIBA m.G EXHIBIT B MARINA GATEWAY STREETSCAPE PHASE I February 24, 2009 1. The Owner/Developer shall provide for the installation of the water facilities listed below. 2. No facilities will be installed prior to the execution of an Agreement to Improve Development — Water Facilities. 3. No facilities will be installed prior to the acceptance by Sweetwater Authority (Authority) of the A) Bond forms and/or Instrument of Credit, and B) Certificate of ee Insurance (see attachments). The owner mow sah'sFy any lnsurrcnce alu,aement, 'imposed 3/s'/ag by phis by in4u+tarn;.19 /is- lawful Self- ins„red sfafus dar,nj the icon of AisAy:ecincni 4. Improvement plans shall not be signed, as approved by the Authority, prior to the completion of the stipulations spelled out in paragraphs 1 through 3. 5. Developer shall provide for compaction testing per requirements of the Authority. 6. Developer shall provide for construction staking and surveying for the proposed water facilities. 7 Community Development Department of National City shall install the water facilities listed in paragraph 8. 8. INSTALLATIONS: A. 12"X8" TEE, VALVES AND APPURTENANCES $20,000 TOTAL ESTIMATE $20,000 9. BOND AMOUNTS AND/OR INSTRUMENT OF CREDIT: A. Faithful Performance Bond, 100% $20,000 B. Laborer's and Materialmen's Payment Bond, 100% $20,000 C. Instrument of Credit, 200% $40,000 10. FINAL DETAIL DESIGN — PLANS AND SPECIFICATIONS: $500 11. ACQUISITION OF FACILITIES (Deposit): $1,000 12. INSPECTION AND CONNECTION (DEPOSIT): $7,500 TOTAL DEPOSITS $9,000 13. The above figures for deposits are estimates only and may vary accordingly. Upon completion of installation, costs will be computed, and a billing or refund will be issued to your firm. 14. In the event a ninety (90)-day period elapses from the date of Exhibit B, the above estimated deposits may be revised and are subject to the condition of agreement with the Authority. EXECUTED COPY 15. Contractor is responsible for consumer side connection of proposed project meters including the installation of consumer ball valves. ************************************************************************************************** ACCEPTANCE SWEETWATER AUTHORITY CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION es L. Smyth, Opera ions Manager Date 318109 Date I:\engr\Dev\Marina Gateway Streetscape\Stub-of-Main-Ph_1_DRAFT-AGMT-PKG\EXHIBIT_B_MAR_GTWY_STUB.doc Executed In Triplicate Bond Number: 12058509 Premium: Included LABORERS' AND MATERIALMEN'S PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, the Sweetwater Authority of the County of San Diego, State of California, and L.B. Civil Construction, Inc. hereinafter designated the "Principal", have entered into an agreement whereby Principal agrees to install and complete certain designated water facilities, which said agreement dated February 17th , 20 09 , and identified as project: Marina Gateway Streetscape Phase I is hereby referred to and made a part hereof; and WHEREAS, said Principal is required to fumish a bond in connection with said agreement; providing that if said Principal or any of his/her or its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and his/her Subcontractors with respect to such work or labor the Surety orf this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we the Principal and The Guarantee Company of North America USA, as Surety, are held and firmly bound unto the Authority, hereinafter called the "District", in the penal sum of TW ENTY THOUSAND AND NO/100 DOLLARS ($20,000) 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 Subcontractors, his/her or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and his/her Subcontractors pursuant to Section 103020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252 inclusive, of the Civil Code of the State of Califomia and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof, so furnishing said materials, provisions, provender, equipment, or other supplies, appliances or power used in, upon, for or about the performance of the work contracted to be executed or performed, or any person, company or corporation renting or hiring implements or machinery or power for or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefore, shall have complied with the provisions of said laws, then said Surety will pay the same in an amount not exceeding the sum hereinabove set forth and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee, as shall be fixed by the court. This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to such persons or EXECUTED COP\ LABORERS' AND MATERIALMEN'S PAYMENT BOND their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their seals this 26th day of February 20 09 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body. (ALL SIGNATURES MUST BE NOTARIZED) ~late of California J �� county of San Diego 1 ft CLL. ,,, 3, (CA) Notary Public. / . •erso ally appeared c i(A :N\l.S__ 0.4 I. ho ed so me on the basis of satisfactory evidence to be the person() whose nne(e( (subscribed to the wi . n instrument and acknowledged to Inc that �. s ecuted the same i I r/thjeir authorized capacity(i ,J that r1 it signature(?)• the instrument the person(})). or the .inty upon half of which the persono acted. executed the instrument. ' 1 .edify under PENALTY OF PERJURY under the laws of the State of California • .a the foregoing paragraph is true and correct. ITNESS my hand and official seal. �^ n n n ©, J V tiignature of Notary Public L DARCIE PEACOCK COMM. #1582007 o NOTARY PUBUC-CAUFORNIA aa SAN DIECGO COUNTY -y My .omm. Expires May _6. 2009 LB Civil Construction, Inc. B The Guarantee Company of North America USA Surety By: La a F. McMahon, Attorney -In -Fact Address: 1800 Sutter St., Suite 735 Concord, CA 94520 I:\engr\DevWlarina Gateway Streetscape\Stub-of-Main-Ph_1_DRAFT-AGMT-PKG\stub_main_Laborer_material_bond.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rs: .,eesret.Z•r,� r,cscr State of California County of San Diego FEB 2 6 2009 On before me, Date personally appeared } Johanna Smith, Notary Public Here Insert Name and Title of the Officer Lawrence F. McMahon Name(s) of Signer(s) JOHANNA SMITH F. COMM. #1750064 NOTARY PUBLIC-CALIFORNIA >r SAN DIEGO COUNTY C v i4' rn; �., My Commission Expires JUNE 10, 2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(*) is/w subscribed to the within instrument and acknowledged to me that he/skstgx executed the same in his/Wattbetr authorized capacity(j , and that by his/I er their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand ay official sea Signature _ /: Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to p: ' ons relying on the document and could prevent fraudulent removal and reattachment of this form • another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: 0 Individual ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Attorney in Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NatlonalNotary.org Item *5907 Reorder: Call Toll -Free 1-800-876-6827 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Lawrence F. McMahon, James R. Sommerville, James Baldassare, Jr., Christine A. Paterson, Penny E. Kelley, Edward N. Hackett, Maria Vhanneza Whitecage Alliant Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fulty and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attomey is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 313' day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint 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, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 318' day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of June, 2008. STATE OF MICHIGAN County of Oakland THE GUARANTEE COMPANY OF NORTH AMERICA USA Stephen Dullard, Vice President Randall Musselman, Secretary On this 1st day of June, 2008 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed, to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, 1 have hereunto set my hand at The Guarantee Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2012 Acting in Oakland County Company of North America USA offices the day and year above written. n.itgzaa. TcaeL.c, I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITI}JESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this day of Randall Musselman, Secretary FEB, 2 6 2009 Executed In Triplicate Bond Number: 12058509 Premium: $240.00 BOND FOR FAITHFUL PERFORMANCE Premium is for Contract Term and Subject to Adjustment Based on Final Contract Price WHEREAS, Sweetwater Authority ("Authority") and L.B. Civil Construction, Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated water facilities, which said agreement, dated February 17th , 2009 , and identified as project; MARINA GATEWAY STREETSCAPE PH. 1 (is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to fumish a Faithful Performance Bond of said agreement. NOW THEREFORE, we the Principal and The Guarantee Company of North America USA as Surety, are held and firmly bound unto the Authority, in the penal sum of TWENTY THOUSAND AND NO DOLLARS ($20,000) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents. The conditions and provisions of this obligation are such, that if the above -bounded Principal, his/her or their heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep, and faithfully perform the covenants, conditions, and agreements in the said Contract and any alterations made as therein provided, on his/her or their part, to be kept and performed at the time and in the manner therein specified including, but not limited to, the guarantee of all work and materials for a period of one (1) year after the date of the Notice of Completion, but in no way limiting any remedies available under other provisions of law, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Authority and its respective 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 effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attomeys' fees, incurred by said Authority in successfully XECUTED COPY BOND FOR FAITHFUL PERFORMANCE enforcing such obligation, all to be taxed as costs and included in any judgment rendered. THE SURETY HEREBY stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or to the work to be performed thereunder or the specifications accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of such changes in the agreement or to the work or to the specifications. Said Surety hereby waives the provisions of sections 2819 and 2845 of the Civil Code of the State of California. IN WITNESS WH,EREOF, this instrument has been duly executed by the Principal and Surety above named on February 26th , 20 09 LB Civil Construction, Inc. CouStateorCa an Diego KU-LO� K-- d San Dieg�oo \ L V r p — 2— CA before tnc, M� .Y�^ otary Public, personally appeared i 1'v J k L. 1.. M ry • who proAd to me on the basis of satisfactory evidence to be the persan(e whose pa„ art/subscribed to the within instrument and acknowledged to me that a uted the same i .�* rJtt,r authorized capacity(' ), and that tr%h r/thiir signature{) on the instrument the ar fhe entity upon�6 half of which the rsort(c/acted. executed the in amen. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true an meet. WITNESS my hand and official seal a/1 / / (J o Signature of Notary Public DARCIE PEACOCK COMM. #1582007 W NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY ..► ICY Comm. Erpires %Aay 26, 2009 By (PRINCfi{'AL) tint —he Guarantee Company of North American USA (SURETY) By Lawrence F. McMahon, Attorney -In -Fact Address 1800 Sutter St., Suite 212 Sam Diego, CA 92131 (ALL SIGNATURES MUST BE NOTARIZED AND CORPORATE SEALS AFFIXED, IF APPLICABLE.) I:lengr\Dev\Marina Gateway Streetscapelstub-of-Main-Ph 1_DRAFT-AGMT-PKG\PH1_faithful_performance_bond.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On FEB 2 6 2009 before me, Dale personally appeared } Johanna Smith, Notary Public Here Insert Name and Title of the Officer Lawrence F. McMahon Name(s) of Signer(s) JOHANNA SMITH COMM. #1750064 ( NOTARY PUBLIC-CALIFORNIA v, SAN DIEGO COUNTY n ftr. My Commission Expires JUNE 10, 2011 ar+q,e. ^'ww Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(*) is/a subscribed to the within instrument and acknowledged to me that he/sksalssy executed the same in his/hea(tbetr authorized capacity(jp* and that by his/hondtter signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official se Signature OPTIONAL tary ublic Though the information below is not required by law, it may prove valuable top rsons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual O Corporate Officer — Title(s): D Partner — ❑ Limited 0 General O Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: O Individual 0 Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General O Attorney in Fact ❑ Trustee O Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here �i\`!�\✓..i\`�<\'��\✓S�✓.L\`!<\`•_%4\��\��i\��<\�<\��i\��\`L�\:��\✓.4\`C<\�%i\.✓.<\��i\`�i\`�<\`%<\`�i\`�i\`��\ �i\`!i\✓.G\✓i\✓L�✓,i\�i\•�i\•:�i\`�G\`•-�<\`��i\`�i��6\�i`✓4\�:<\�<\�! ®2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.NationalNotary.org Rem /5907 Reorder. CaU Tcit-Fee 1-800-876-6827 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Lawrence F. McMahon, James R. Sommerville, James Baldassare, Jr., Christine A. Paterson, Penny E. Kelley, Edward N. Hackett, Maria Vhanneza Whitecage Alliant Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA 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 the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31'' day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31'd day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. STATE OF MICHIGAN County of Oakland IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of June, 2008. THE GUARANTEE COMPANY OF NORTH AMERICA USA 1 Stephen Dullard, Vice President Randall Musselman, Secretary On this 1st day of June, 2008 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed, to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2012 Acting in Oakland County Company of North America USA offices the day and year above written. a. "railett, I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITI1 ESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this day of Randall Musselman, Secretary FEB 2 6 2009 ACORD„, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/2/2009 PRODUCER Phone: 760-304-7120 Alliant Insurance Services Driver Commercial Group 570 Rancheros Drive Ste 100 San Marcos CA 92069 Fax: 619-699-2151 INSURED LB Civil Construction, Inc. 10650 Treena St # 212 San Diego CA 92131 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:Amerjcan Home As INSURERB:Nationwide Mut I INSURER C: RSTJ I • INSURER D: INSURER E: NAIC # 19380 23787 22314_._ COVERAGES THE POLICIES NOTWITHSTANDING CERTIFICATE TERMS, EXCLUJSIONS INSR ADD'L LTR INSRD CF INSURANCE LISTED BELOW HAVE BEEN ISSUED TC ANY REQUIREMENT, TERM OR CONDITION CF ANY MAY BE ISSUED OR MAY -PERTAIN, THE INSURANCE AFFORDED AND CONDITIONS OF SUCH POLICIES. AGGREGATE THE INSURED CONTRACT CR OTHER BY THE LIM:TS SHOWN POLICY EFFECTIVE DATEIMM/DD/YY) NAMED ABOVE FOR THE POLICY PERIOD INDICATED. DOCUMENT WITH RESPECT TO WHICH THIS •POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPEOFINSURANCE POLICY NUMBER - POLICY EXPIRATION LIMITS DATE(MMIDD/YY) A X GENERAL LIABILITY 3791641 4/6/2008 4/6/2009 EACH OCCURRENCE $ 1, 000, 000 X _COMMERCIAL GENERAL LIABLITY DAMAGE TO RENTED ' PREMISES jEa occurence) $ 5 0 , 0 0 0 j CLAIMS MADE .X OCCUR ! MED EXP (Any one person) $ 5 , 0 0 0 PERSONAL 8 ADV INJURY S 1_, 000,000 GENERAL AGGREGATE $ 2, 00Q, OQQ_.. I1GGEN'L i l AGGREGAT_ E LIMIT APPLIES PER: POLICY IX ' PRO- -- - - I LOC i PRODUCTS - COMP/OP AGG ' S 2, 000 , 000 B X , AUTOMOBILE LIABILITY `XV ' ANY AUTO 7822507349 1/20/2009 1/20/2010 COMBINED SINGLE LIMIT (Ea accident) $1, 000, 000 I i ALL OWNED AUTOS BODILY INJURY S • SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S C EXCESS/UMBRELLA LIABILITY NHA221779 6/24/2008 4/6/2009 EACH OCCURRENCE $ 5, 000 000 I X• OCCUR 'CLAIMS MADE AGGREGATE $ 5,000,000 r S DEDUCTIBLE S RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 1 1 ORYC LIMJT O R • 4 l TORY LIMITS _ ER E.L. EACH ACCIDENT I $ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE S OFFICE R/MEMBER EXCLUDED, It yes. describe under SPECIAL PROVISIONS below , _ 1 E.L. DISEASE - POLICY LIMIT . S B OTHER 7822507349 1/20/2009 1/20/2010 Leased/Rented $400,000 Inland Marine - Equipment reductible $500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: BAY MARINA DRIVE WELDING THE CITY OF NATIONAL CITY, METROPOLITAN TRANSIT SYSTEM. (MT'S), SWEETWATER AUTHORITY, THEIR DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS CERTIFICATE HOLDERS AND ADDITIONAL INSUREDS AS THEIR RESPECTS MAY APPEAR PER THE ATTACHED 61714 0904 & 90533 0306), COVERAGE IS PRIMARY AND NON CONTRIBUTORY WITH RESPECTS TO GENERAL LIABILTY AND AUTO LIAEILTY PER THE ATTACHED (AC 01 02 03 C8). CERTIFICATE HOLDER CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 CANCELLATION* 10 DAY NOTICE F OR NONPAYMENT SHOULD ANY CF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XXXXXXXX XX MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, XXX XXXXXXX XX XX XX XXXXX XXXXXX XX XXXXXXXXXX XX XXXXXXXXX XX XXX XXXX XXXX XXX XXXXXXX, XXX XXXXXX XX XXXXXXXXXXXXXXX. AUTHORIZED REPRESENTATIOE `t ACORD 25 (2001/08) EXECUT ED COPY `.J ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may _ require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT # This endorsement, effective 12:01 A.M. 4/6/2008 forms a part of Policy No. 3791641 Issued to LB Ci ti,_ I Construct on , Ameri can :iorne Assur Co ADDITIONAL INSURED — WHERE REQUIRED UNDER CONTRACT OR AGGREEMENT (Professional Services Exclusion) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section II —Who is an insured, 1., is amended to add: f. Any person or organization to whom you become obligated to include as anadditional insured under this policy; as a result of any contract or agreement you enter into, excluding contracts or agreements for professional services, which requires you tofurnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy, or 2. The coverage and /or limits required by said contract or agreement. METROPOLITAN TRANSIT SYSTEM 'MIS). SAN DIEGO TROLLEY INC (SDTI). SAN DIEGO AND ARIZONA EASTERN RAILWAY (SD&AE). SAN DIEGO AND IMPERIAL VALLEY RAILROAD (SD&IV) SAN DIEGO TRANSIT CORPORATION (SDTC). THE CITY OF NATIONAL CITY, SWEETWATER AUTHORITY, THEIR DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES X AUTHORIZED REPRESENTATIVE 61714 (9/01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement, effective 12:01 A.M. forms a part of Policy No. 3791E41 issued to LB Civil Construction, inc . PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS - ONGOING AND COMPLETED OPERATIONS This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following paragraph is added to SECTION II — WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for the additional insureds and included in the -products-completed operations hazard": This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar insurance. We will not require cont ribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance,whether primary, excess, contingent or on any other basis, if it is not primary as defined in the paragraph above. All other terms and conditions of the policy are the same. METROPOLITAN TRANSIT SYSTEM (MTS). SAN DIEGO TROLLEY INC (SOTI). SAN DIEGO AND ARIZONA EASTERN RAILWAY (SD&AE). SAN DIEGO AND IMPERIAL VALLEY RAILROAD (SD&IV), SAN DIEGO TRANSIT CORPORATION (SDTC), THE CITY OF NATIONAL CITY. SWEETWATER AUTHORITY, THEIR DIRECTORS. OFFICERS. AGENTS AND EMPLOYEES Page 1 of 1 90533 (3/06) AUTHORIZED REPRESENTATIVE ENDORSEMENT This endorsement, effective 12:01 A.M. 04/06/2008 forms a part of policy No. GL 379-16-41 issued to L B CIVIL CONSTRUCTION, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIMITS OF INSURANCE (Per Project or Per Location Aggregate Limit) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM I. Your policy is amended to include either a Per Project General Aggregate Limit, a Per Location General Aggregate Limit or a Per Project and Per Location General Aggregate Limit. Please select only one of the following: [XI Per Project General Aggregate Limit $ 2,000,000 [ ] Per Location General Aggregate Limit $ [ 1 Per Project end Per Location General Aggregate Limit IF NEITHER OF THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. IF MORE THAN ONE OF THE THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. II. SECTION III - LIMITS OF INSURANCE , is amended to include the following: 1. The Limits of Insurance and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits'. 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of 'bodily injury" or "property damage" included in the products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C 86681 (9/04) Page 1 of 2 because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to 5. above, the Damage to Premises Rented To You Limit is the most we will pay under Coverage A because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. Subject to 2., 4., 5., 6., and/or 7. above, the Per Project Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical Expenses under Coverage C arising out of any single Project described above. 9. Subject to 2., 4., 5., 6., and/or 7. above, the Per Location Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical expenses under Coverage C arising out of the any single Location described above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. ill. The Limits of Insurance shown in the Declarations are deleted in their entirety and replaced by the Limits of Insurance set forth below. Limits of Insurance General Aggregate Limit $ 5,000,000 Each Occurrence Limit $ 1,000,000 Products -Completed Operations Aggregate Limit $ 2,000,000 Personal & Advertising Injury Limit $ 1,000,000 Damage to Premises Rented to You $ 100,000 Medical Expense Limit $ 5,000 Per Project General Aggregate Limit. Per Location $ 2, 000, 000 General Aggregate Limit or Per Project and Per Location General Aggregate Limit IV. SECTION V - DEFINITIONS, is amended to include the following: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way railroad. All other terms and conditions of this policy remain the same. C2 Authorize epre ntati or Countersinature (In States Where Applicable-) 86681 (9/04) Page 2 of 2 BUSINESS AUTO AC 01 02 03 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENDORSEMENT FORM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM EQUIPMENT 1. Under SECTION I - COVERED AUTOS, the following are added to Paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos: 4. "Trailers" designed to be towed by a pri- vate passenger type "auto" or a pickup, panel truck or van if not used for busi- ness purposes, other than farming or ranching. 5. Farm wagons or farm implements while being towed by a covered "auto". B. CHANGES FOR ADDITIONAL NEWLY ACQUIRED VEHICLES 2. Paragraph B.2 of SECTION 1 — COVERED AUTOS is replaced by the following: 2. If Symbol 7 is entered next to a cover- age in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover at least one "auto" you own for that coverage or it re- places an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. The most we will pay for Physical Damage Coverage for "loss" under this Coverage Ex- tension is $100,000 per "auto", subject to the largest deductible applicable to any "auto" for that Coverage. C. BLANKET ADDITIONAL INSURED Any person or organization which you have agreed to name as an additional insured in a written contract, executed prior to an acci- dent, other than a contract for the lease or rental of a vehicle is an "insured" for Liability Coverage, but only to the extent that person AC 01 02 03 07 or organization qualifies as an "insured" un- der the Who Is An Insured Provision con- tained in Section II — LIABILITY COVERAGE of the Coverage Form D. REPLACED EXCLUSIONS The Expected or Intended Injury Exclusion IN SECTION II — LIABILITY COVERAGE is replaced by the following: Expected or Intended Injury "Bodily injury" or "property damage" which is expected or intended by the "insured". This exclusion applies even if the resulting "bod- ily injury" or "property damage": a. is of a different kind, quality or degree than initially expected or intended; or b. is sustained by a different person, entity, real property, or personal property than that initially expected or intended. E. ADDITIONAL EXCLUSIONS The following exclusions are added to SECTION II — LIABILITY COVERAGE: Damage to Named Insured's Property Any claim or "suit" for "property damage" by you or on your behalf against any other per- son or entity that is also a Named Insured under this policy. Abuse or Molestation "Bodily injury" or "property damage" arising out of: a. The actual or threatened abuse or mo- lestation by anyone or any person while in the care, custody or control of any "in- sured", or b. The negligent: 1) Employment; 2) Investigation; 3) Supervision; 4) Reporting to the proper authorities, or failure to so report; or Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 3 with its permission. AC 01 02 03 08 5) Retention; of a person for whom any "insured" is or ever was legally responsible and whose conduct would be excluded by Para- graph a. above. Abuse means an act which is committed with the intent to cause harm. Explosives "Bodily injury" or "property damage" caused by the explosion of explosives you make, sell or transport. Rolling Stores If a covered "auto" is a rolling store, "bodily injury" or "property damage" resulting from the handling, use or condition of any item the "insured" makes, sells or distributes if the injury or damage occurs after the "in- sured" has given up possession of the item. Wrong Delivery of Liquid Products "Bodily injury" or "property damage" result- ing from the delivery of any liquid into the wrong receptacle or to the wrong address, or from the delivery of one liquid for another, if the "bodily injury" or "property damage" occurs after the delivery has been com- pleted. Delivery is considered completed even if fur- ther service or maintenance work, or correc- tion, repair or replacement is required be- cause of wrong delivery. Professional Services "Bodily injury": a. Resulting from the providing or the fail- ure to provide any medical or other pro- fessional services. b. Resulting from food or drink furnished with these services. "Bodily injury" or "property damage" result- ing from the handling of corpses. F. MOTOR HOME CONTENTS COVERAGE 1. For a covered "auto" that is a motor home the following exclusions are added TO SECTION III — PHYSICAL DAMAGE: Motor Home Contents This insurance does not apply to: a. "Loss" to the covered "auto's" contents, except equipment usual to trucks or pri- vate passenger "autos". Page 2 of 3 b. "Loss" to TV antennas, awnings or ca- banas. c. "Loss" to equipment designed to create added living facilities. However, these exclusions do not apply if Miscellaneous Personal Property Coverage is provided by endorsement to this policy. G. ACCIDENTAL AIRBAG DISCHARGE COVERAGE Under Paragraph B.3.a. of SECTION III - PHYSICAL DAMAGE, the following is added: Mechanical breakdown does not include the ac- cidental discharge of an airbag. H. PHYSICAL DAMAGE LIMIT OF INSURANCE Paragraph C. Limit of Insurance of SECTION III - PHYSICAL DAMAGE INSURANCE is replaced by the following: C. Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replac- ing the damaged or stolen prop- erty. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of total "loss". 3. The cost of repairing or replacing may: a. Be based on an estimate which includes parts furnished by the original equipment manufacturer or other sources including non - original equipment manufactur- ers and b. Include a deduction for better- ment for a part or parts that are normally subject to repair or re- placement during the useful life of the "auto", such as, but not limited to tires and batteries. Betterment means the difference between the actual cash value of a part immediately before the "loss" and the cost to replace that part with a new part. Includes copyrighted material of Insurance Services Office, Inc., AC 01 02 03 08 with its permission. I. GLASS REPAIR —WAIVER OF DEDUCTIBLE Under Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE, the follow- ing is added: No deductible applies to glass damage if the glass is repaired rather than replaced. J. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS The requirement in Loss Condition 2.a. Duties In The Even Of Accident, Claim, Suit Or Loss — of SECTION IV — BUSINESS AUTO CONDITIONS that you must notify us of an "accident", "claim", "suit", or "loss" applies only when the "accident", "claim", "suit", or "loss" is known to : 1. You, if you are an individual 2. A partner, if you are a partnership; 3. An executive officer or the employee desig- nated by you to give such notice if you are a corporation; or 4. A member, if you are a limited liability com- pany. K. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTON IV — BUSINESS AUTO CONDITIONS — B.2. is amended by the addition of the follow- ing: If you unintentionally fail 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 addi- tional premium or exercise our right of cancella- tion or nonrenewal. L. AUTOS HIRED OR RENTED BY EMPLOYEES If hired or rented "autos" are covered "autos" on this policy, the following provisions apply: A. Changes In Liability Coverage The following is added to the Who Is An In- sured Provision in SECTION II — LIABILITY COVERAGE: AC 01 02 03 08 An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. B. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form is replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties re- lated to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". M. EMERGENCY LOCKOUT — PRIVATE PASSENGER VEHICLES We will reimburse you up to $50 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto" of the pri- vate passenger type subject to these provisions: 1. Your door key or key entry pad has been lost, stolen or locked in your covered "auto" and you are unable to enter such "auto" , or 2. Your key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and 3. Original copies of receipts for services of a locksmith must be provided before reim- bursement is payable. All terms and conditions of this policy apply unless modified by this endorsement. AC 01 02 03 08 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 3 with its permission. CERTHOLDER COPY STATE COMPENSATION INSURANCE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-05-2009 GROUP: 000044 POLICY NUMBER: 0024543-2007 CERTIFICATE ID: 22 CERTIFICATE EXPIRES: 04-01-2009 04-01-2008/04-01-2009 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE N 21 DATED 02-26-2009 SWEETWATER AUTHORITY SD JOB: ALL CALIFORNIA OPERATIONS 505 GARRETT AVE CHULA VISTA CA 91910-5505 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to .the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. THORIZED REPRESENTATIVIs�J PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - BOHNE, GEOFFREY C VICE PRESIDENT SECRETAR - EXCLUDED. ENDORSEMENT #1600 - LUMM, JAMES R PRESIDENT TREASURER - EXCLUDED. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2009-02-26 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: SWEETWATER AUTHORITY EMPLOYER L B CIVIL CONSTRUCTION INCORPORATED 10650 TREENA ST STE 212 SAN DIEGO CA 92131 SD [B18,SD] SD EV.2-05) PRINTED : 03-05-2009 Sweetwater ALtthority Recei�t # M588��18 03-10-2�09 14c10:44 TOKEN BY SW MISW* NOT ON FILE CITY OF NC STREET SCAPE WO 20096006 CK#225681 LE Amount Due .. 9,000.00 Crnt Ba1 Paid 9,000.00 Amount Rcvd. 9,000.00 -------- Change ..,.. 0.00 Balance Due 0.00 RESOLUTION NO. 2009 — 58 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY RATIFYING AN AGREEMENT WITH SWEETWATER AUTHORITY IN THE NOT -TO -EXCEED AMOUNT OF $9,000 TO INSTALL WATER FACILITIES IN CONJUNCTION WITH THE BAY MARINA DRIVE WIDENING PROJECT, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE SAID AGREEMENT WHEREAS, a tee for a new water main must be installed as part of the Bay Marina Widening Project; and WHEREAS, an Agreement has been executed between the Community Development Commission of the City of National City (the "CDC") and the Sweetwater Authority (the "Authority"), whereby the Authority, for the not -to -exceed amount of $9,000, will finalize detail design, plans and specifications, and inspection and connection of water lines and the acquisition of facilities; and WHEREAS, the Agreement would further provide that the CDC will cause to be done the installation of water lines by a Class "A" or "C-34" licensed contractor; and WHEREAS, due to the urgency in completing the work, the Agreement has already been signed by the Executive Director, and it is requested that the Agreement be ratified by the CDC Board. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby ratifies an Agreement between the CDC and Sweetwater Authority, whereby the Authority, for the not -to -exceed amount of $9,000, will finalize detail design, plans and specifications, and inspection and connection of water lines and the acquisition of facilities, and the CDC will cause the installation of water lines by a Class "A" or "C-34" licensed contractor, and the Executive Director is authorized to execute said Agreement. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17`h day of March, 2 Ron Morrison, Chairman ATT T. Raulston, Secretary APPROVED AS TO FORM: / Di /7 e/:�LL Or - George H. riser, III City Attorney Passed and adopted by the Community Development Commission of the City of National City, California, on March 17, 2009, by the following vote, to -wit: Ayes: Commissioners Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission Secretary, elopment Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-58 of the Community Development Commission of the City of National City, California, passed and adopted on March 17, 2009. Secretary, Community Development Commission By: Deputy City of National City, California Community Development Commission COUNCIL AGENDA STATEMENT '"MEETING DATE March 17, 2009 AGENDA ITEM NO. 22 ITEM TITLE Resolution of the Community Development Commission of the City of National City (CDC) ratifying an Agreement in the not to exceed amount of $9,000.00 with Sweetwater Authority to install water facilities in conjunction with the Bay Marina Drive Widening Project, and authorizing the Executive Director to execute said Agreement. Funds have been allocated from Tax Increment Fund PREPARED BY Barby Tipton DEPARTMENT Engineering `- EXT. 4583 EXPLANATION A tee for a new water main needs to be installed as part of the Bay Marina Drive Widening Project. The Agreement provides for Sweetwater Authority to finalize detail design, plans and specifications, inspection and connection of line and acquisition of facilities, and for the CDC to arrange for the installation of the water facilities. Due to the urgency in completing the work, the Agreement has already been signed by the Executive Director, and should now be ratified by the Board. Ratification by the Board is necessary because the Agreement provides that the CDC will indemnify and hold harmless Sweetwater Authority from any damages arising from the CDC's installation of the water facilities. Environmental Review X N/A MIS Approval Financial Statement Approved By: —: Fina ce Director Funds are appropriated in Account # 511-409-500-598-3842 (Marina Gateway Improvements) Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Agreement (2 copies) 2. Resolution sweet A-200 (Rev. 7/03) OFFICE OF THE CITY CLERK Sweetwater Authority Water Facilities Installation for the Bay Marina Drive Widening Barby Tipton (Engineering) Forwarded Copy of Agreement to the Authority 1243 National City Blvd., National City, CA 91950 619-336-4228 phone • 619-336-4229 fax