Loading...
HomeMy WebLinkAbout2009 CON MJC Construction - Park Facilities Project FurnishingsCONTRACT NATIONAL. CITY CITY PARKS REHABILITATION ATION FURNISHINGS PROJECT SPECIFICATION NO. 07-06-13 TIIIS CONTRACT. made and entered into this 21'` of April 2009, by and between the City of National City. California. herein after designated as the "City", and MJ(' Construction Compan), hereinafter designated as the "Contractor". WITNESSE FH: 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 (TIN PARKS RI:1 IA131I.I I A 1 HON I l IZNISI LIN(;S 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 full compensation therefore the sum of Eighty - Four Thousand Seven Hundred Twenty -Two Dollars and No/100 (S84,722.00). 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. '5 CONTRACT (CONTINUED) NATIONAL. CITY CITY PARKS REI IA13ILITATION FURNISHINGS PROJECT SPECIFICATION NO. 07-06-13 4. The Notice Inviting Rids. 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 and authorized volunteers shall not be 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 be responsible for any damage or injury to any person or property resulting from defects 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 are 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 any 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 City, 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. 26 CONTRACT (CONTINUED) NATIONAL. CITY CITY PARKS RI:HA}311.11 A PION FURNISHINGS PROJECT SPECIFICATION NO. 07-06-13 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 be decided by arbitration if both parties to this Contract consent in accordance with the rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Contract, shall include, by consolidation, joinder or in any other manner. any additional person not a party to this Contract except by written consent containing a specific reference to this Contract and signed by CONTRACTOR, CITY, and any other person sought to be joined. (Any Consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein.) This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Contract shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration is to be filed in writing with the other party to this Contract and with the American Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event is the demand for arbitration to be made after the date when institution of legal or equitable proceedings based on such claim; dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final and judgment may be enter upon it in accordance with applicable law in any court having jurisdiction thereof. 7. The Contractor agrees to comply with all Local. State and Federal regulations and with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. 27 CONTRACT (CONTINLEI)) NATIONAL CITY (CITY PARKS Rl:l IA1.311.! I A !ION Ft!R\1SHINGS PRO.II-:C I SPECIFICATION NO. 07-U6-13 8. 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: CITY: By: IA VIER Si friLNE-"L C Title: tZE5(G it Bv: Title: Federal ID. No. 3-0-78 3 1 1.2 B Ti 1 layor, City of Nationa City A.I'I'LST: 13y: Title: City Clerk, C its X f National City 4 (Notaries acknowledgement of execution by all PRINCIPALS OF CONTRACTOR shall be attached.) �8 CONTRACT (CONTINUED) NAI IONAI. CITY CITY PARKS RFl-1AI3II.I"I A"l'ION FURNISHINGS ZINGS PROJECT SPECIFICATION ION NO. ()7-06-13 CORPORATE CERTIFICATE. 1, 506 ArniNA T MGN:E.Z certify. that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that 0-AV i S t vta-r.4E z . who signed said contract on behalf of the Contractor, was then +-+R tpersT of said Corporation: that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that . who signed said contract on behalf of the Contractor. was then of said Corporation: that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 29 CONTRACT (CONTINUED) NATIONAL CITY CITY PARKS REIIABILITATION FURNISIIINGS PROJECT SPECIFICATION NO. 07-06-13 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 Seal) Known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 30 BOND #763364P Premium $2,118.00 Premium is for contract term and is subject to adjustment based on final contract price. PERFORMANCE BOND NATIONAL CITY CITY PARKS REHABILITATION FURNISHINGS PROJECT SPECIFICATION NO.07-06-13 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2009-82, passed the 21S` of April 2009, has awarded to MJC Construction Company, hereinafter designated as the "Principal", the National City City Parks Rehabilitation Furnishings 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 Developers Surety and Indemnity 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 Eighty -Four Thousand Seven Hundred Twenty -Two Dollars and no/100 (SO4,722,001 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. Scott T. Ries PERFORMANCE BOND (CONTINUED) NATIONAL CITY CITY PARKS REHABILITATION FURNISHINGS PROJECT SPECIFICATION NO. 07-06-B In the event suit is brought upon this bond by the City of National City and judgrnent is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the Developers Surety and Indemnity Cbmpany (SEAL) C i? f2 (SEAL) (SEAL) 29th day of April MJC Construction Company ,200 9 (SEAL) (SEAL) (SEAL) Attorney in Fact Surety Principal APPROVED AS TO FORM: George H. eiser, III City Attorney PERFORMANCE BOND (CONTINUED) NATIONAL CITY CITY PARKS REHABILITATION FURNISHINGS PROJECT SPECIFICATION NO. 07-06-B ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ) ss On this day of , 200_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney California Acknowledgment Form State of California County of San Diego On April 29, 2009 before me, Kimberly A. Rocco, Notary Public personally appeared Scott T. Ries who proved to me on the basis of satisfactory evidence to be the person04whose name% is/aresubscribed to the within instrument and acknowledged to me that heisiloeititaeyexecuted the same in hisAerit#ieirau- thorized capacity(iee), and that by his/Iherklieir signature% on the instrument the person(, or the entity upon behalf of which the person% 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. Seal KIMBERLY A. ROCCO Commission # 1687499 Notary Public - California San Diego County My Comm. Expires Aug 13, 2010 WITNESS my hand and official seal. C Signature of Notary Notes Please provide information about the document that this form is attached to. "'This is not required under California State notary public law. "•• Attorney in Fact for Surety Company ©2007 Golden State Notary, Inc. www.GoldenStateNotary.corn (888) 263-1977 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE. CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each. hereby make, constitute and appoint: ***Sharon E. Ries, Scott T. Ries, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents. are hereby ratified and confirmed. This Power of Attomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED. that the chairman of the Board, the President and any Vice President of the corporation be. and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute. on behalf of the corporations, bonds, undertakings and contracts of suretyship, and that the Secretary or any Assistant Secretary of the corporations be. and each of them hereby is, authorized to attest the execution of any such Power of Attomey. RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By Stephen T. Pate. Senior Vice President Charles L Day. Assistant Secretary State of California County of Orange OnJanuarv?st_2008 Date personally appeared before me, Christopher J Roach. Notary Public Here Insert Name and Title of the Officer CHRISTOPHER J. ROACH COMM. # 1745939 NOTARY PUBLIC CAUFORNIA g ORANGE COUNTY iv_ _ My oomm, eapftes Ma .19, 20w11 Place Notary Seal Above Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument. 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 off' ial seal. Signature Chr er J. Roach CERTIFICATE The undersigned, as Assistant Secretary. of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate This Certificate is executed in the City of Irvine. California, the 29 day of April . 2009 By: Albert Hillebrand, Assistant ecretary ID-1380(Vvet)(Rev 07/07) BOND #763364P Premium included in performance bond. PAYMENT BOND NATIONAL CITY CITY PARKS REHABILITATION FURNISHINGS PROJECT SPECIFICATION NO. 07-06-B KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2009-82, passed the 21 S` of April, 2009 has awarded to MJC Construction Company, hereinafter designated as the "Principal", the National Ciry City Parks Rehabilitation Furnishings 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 Developers Surety and Indemnity 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 Eighty -Four Thousand Seven Hundred Twenty -Two Dollars and No/100 ($84,722.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surery will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee. to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. PAYMENT BOND (CONTINUED) NATIONAL CITY CITY PARKS REHABILITATION FURNISHINGS PROJECT SPECIFICATION NO. 07-06-B It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from Iiability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 29th day of April , 200_9. Developers Surety and Indemnity Company (SEAL) MTC Construction Company ,�C40-cI / (SEAL) _ _ �, . (SEAL) Scott T. Ries (SEAL) (SEAL) Attorney in Fact Surety Principal APPROVED AS TO FORM: George H. Eiser, III (SEAL) City Attomey PAYMENT BOND (CONTINUED) NATIONAL CITY CITY PARKS REHABILITATION FURNISHINGS PROJECT SPECIFICATION NO. 07-06-B ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ) ss On this day of , 200_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. DOTE: The Attorney -in -fact shall attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney California Acknowledgment Form IMF State of California County of San Diego } SS. On April 29, 2009 before me, Kimberly A. Rocco, Notary Public personally appeared Scott T. Ries who proved to me on the basis of satisfactory evidence to be the personD4whose name% is/arersubscribed to the within instrument and acknowledged to me that he/sliektietexecuted the same in hisl ►eriti4eirau- thorized capacity(iee), and that by his/erkheir signature(X) on the instrument the person(, or the entity upon behalf of which the person( 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. Seal KIMBERLY A. ROCCO Commission # 1687499 Notary Public - California San Diego County f My Comm. Expires Aug 13, 2010 WITNESS my hand and official seal. i feature o Sig Notary Notes Please provide information about the document that this form is attached to. "'This is not required under California State notary public law.** Attorney in Fact for Surety Company ©2007 Golden State Notary, Inc. www.GoldenStateNotary.corn (888) 263-1977 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE. CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each. hereby make, constitute and appoint ***Sharon E. Ries, Scott T. Ries, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED. that the chairman of the Board, the President and any Vice President of the corporation be. and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute. on behalf of the corporations, bonds, undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporations be. and each of them hereby is. authorized to attest the execution of any such Power of Attorney; RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate reiating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By By Stephen T Pate, Senior Vice Presiden Charles L. Day. Assistant Secretary State of California County of Orange On January 1st, 2008 personalty appeared Date before me, ,,, AND b1,D,,, •-' .. :,2f.... F--- y Ci OCT. ,<' :rui 10 n: :cc, 1936 .;�; bowP..*a' ......... „ Christopher J Roach. Notary Public CHRISTOPHER J. ROACH COMM. # 1745939 NOTARY PUBUC CAUFORNIA g ORANGE COUNTY P _ My oortrm. exgires May 19, 2O11 PR Place Notary Seal Above Here Insert Name and Title of the Officer Stt phen T. Pate and Charles L. D y Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iesl, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 offi ial seal Signature CERTIFICATE Ch erJ Roach The undersigned. as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate This Certificate is executed in the City of Irvine, Califomia, the 29 day of April 2009. By --1/04" Albert Hillebrand, Assistant ecretary ID-1380(Wet)(Rev.07/07) EMERGENCY NOTIFICATION LIST NATIONAL CITY CITY PARKS RI:1-IAI31I.1 I AI ION I:l'RNISI ZINGS PROJI;(' f SPLC'IFICAT!ON NO. 07-06-13 DATE: 4-Z 8 -o `i The Contractor's representatives at the construction site for the above subject project will be: Name 3 AV f GR u EZ Emergency Telephone Number(s) l C.P19) (0(u6*`ZA09 Name Emergency Telephone Number(s) FiR C(-Z' J) H E N C Z. ((o 2.&)-e-iletc I am aware that one of the named representative(s) shall be present at the work site whenever work is in progress. Further, each of these responsible persons can be contacted in an emergency situation and have complete authority to act on the Contractor's behalf. Si-gnature of Contractor JAv/ _ .T/NE- 4 Z. Name and Title Signa :'" ontractor S. 4tvisiA S�- rn �=�u E �. s t G. Name and Title J Note: Two signatures are required if a corporation. 39 y4y•Iur-1bv1 Page: 006 ACORE CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDA'YYY) 05/14/2009 PRODUCER (949)472-6560 California Southwestern Insurance Agency •icense Number 0443354 .1 Orchard Lake Forest, CA 92630 FAX (949)588-8348 INSURED Jimenez Inc. DBA: MJC Construction 3015 Sylvia St. Bonita, CA 91902 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 NAIC # INSURER A: North American Capacity Ins Co INSURER B INSURER C INSURER D: INSURER E COVERAGES THE POLICIES ANY REQUIREMENT, MAY PERTAIN, POLICIES. AGGREGATE OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NOTWITHSTANDING BE ISSUED OR OF SUCH IN SR LTR'NSRDDATE ADD'L TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE (MMIDD/YYYY) POLICY EXPIRATION DATE (MM/DDIYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY _ _ CLAIMS MADE ( X 1 OCCUR PNG000287302 08/24/2008 08/24/2009 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTFU PREMISES (Ea occurenca) $ 50,000 MED FXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L 1 AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGO $ 2,000,000 POLICY n PROi n LOC AUTOMOBILE LIABILITY ANY AUTO Al f OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT 5 OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS f UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE1 RETENTION $ $ $ $ WORKERS AND EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER (Mandatory It yes, describe SPECIAL PROVISIONS COMPENSATION LIABILITY Y / N WC STATU- OTH- I TORY LIMITS ER F L EACH ACCIDENT $ EXCLUDED? E.L. DISEASE • EA EMPLOYEE $ In NH) under below E.L. DISEASE - POUCY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate Holder is named as additional Insured, with primary wording, per attached endorsement CG2010 11/85 with respects to General Liability only. Waiver of Subrogation is afforded by this policy per attached endorsement. This certificate supersedes the one issued 1/27/09 'Except: 10 day notice of Cancellation for non payment of premium. CERTIFICATE HOLDER CANCELLATION City of National City Attn: Javier 1243 National City Blvd Natlional City, CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EYPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL - 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Jaclyn Vazquez/JRV ACORD 25 (2009/01) FAX: 619.472.5637 © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD n., AV: 017YI4J00I rI o1Y4ILDOSI 949.707-1571 Page: 007 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 This Certificate of Insurance 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 (2009/01) 949-707-1571 Page: 008 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any person or organization to which you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to (1) occurrences taking place after such written contract has been executed and (2) occurrences resulting from work performed by you during the policy period. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Coverage provided by this policy to the Additional Insured(s) shown in the Schedule shall be primary insurance and any other insurance maintained by the Additional Insured(s) shall be excess and non-contributory, but only if required of the Named Insured and by written contract. CG 20 10 11 85 Copyright, Insurance Services Office. Inc., 1984 Page 1 of 1 0 Lal.tl: 7/17/LVV7 HM KU: O1Y41270ii W 01Y4/LOJJ Y49-104-1511 Page: 003 POLICY NUMBER: PNG0002873 -02 COMMERCIAL GENERAL LIABILITY CG24041093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization to which you are obligated by virtue of written contract to provide insurance such as is afforded by this policy, but only with respect to (1) occurrences taking place after such written contract has been executed and (2) occurrences resulting from work performed by you during the policy period, or occurrences resulting from the conduct of your business during the policy period. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 LGI.C% ;)/1.)/£VV3 Shut. O:GZ nl/ aJ: OSYY/LJOJ/ !Y OJYY/LJOJ/ A CORDrM 4.1Y-/U/-15/1 Page: 004 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODYYYY) 01/27/2009 PRODUCER (949)472-6560 California Southwestern Insurance Agency 'icense Number 0443354 .1 Orchard Lake Forest, CA 92630 FAX (949)588-8348 INSURED Jimenez Inc DBA: MJC Construction 3015 Sylvia Street Bonita, Ca. 91902 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A. Mercury Casualty INSURER B INSURER C INSURER D NAIC # 11908 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BE[N REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE DATE (MM/DDM'YY), POLICY EXPIRATION DATEIMM/DDIYYYYL LIMITS GENERAL UABILITY GENERAL L IAB:I.ITY EACH OCCURRENCE $ PRcuD rCOMMERCIAL PREMISES ( {Ea Ea occurrence) $ 1 CLAIMS MADE I 1 OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS - COMP,OP AGG $ PRO- -1 POI ICY JFCT f l LOC A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS AC11073058 07/30/2008 07/30/2009 COMBINED SINGI E L !MIT (Ea accident)S 1,000,000 BODILY INJURY (Per person) $ _- BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN LA ACC $ AUTO ONLY. AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR n CLAIMS MADE AGGREGATE $ 1 DEDUCTIBLE RETENTION $ $ $ $ WORKERS AND EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER (Mandatory If yes. describe SPECIAL PROVISIONS COMPENSATION LIABIISTY YIN WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ EXCL UDE D7 E L. DISEASE - EA EMPLOYEE S in NH) tinder bPAQw Et. DISEASE • POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION City of National City Attn: Javier 1243 National City Blvd National City, CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABLITY OF ANY KIND UPON THE WSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Jaclyn Vazquez/JRV ACORD 25 (2009/01) FAX: 619. 472. 5637 © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD uu,.a.• V.cz M. l,Ol V17'+I4JVJI !Y VS2Yl6JVJl ,tY./V/-1.7/1 rage: (Mb 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 This Certificate of Insurance 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 (2009/01) Date: 4/29/2009 Time: 8:33 AM TO: 6194725637 0 6194725637 949-472-6568 Page: 008 ACORD CERTIFICATE OF LIABILITY INSURANCEDATE 04/29/09vv) PRODUCER AU Insurance Services PO Box 3646 Omaha, NE 68103-0646 (877) 234-4420 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 NAIC # INSURED Jimenez, INC. 1234 Nolan Ave Chula Vista, CA 91911-3724 CTL 1273 452592 INSURERA California Insurance Company 238110 INSURER B INSURERC INSURER INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR AMYL NSRD TYPE OF INSURANCE POLICY NUMBER POUCV EFFECTIVE DATE(MM/DO/YY) POLICY EXPIRATION DATE(MM/DO/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACHOCCURANCE ~6ATAGt $ 1 O HEN IED PREMISES (Eaoccurence) $ CLAIMS MADE OCCUR MED EXP (any onaperson) $ PERSONAL 8 ADV INJURY $ GEN'L GENERAL AGGREGATE $ AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 7 POI ICY PRO- I 1LOC JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON•OWNED AUTOS COMBINED SINGLE LIMIT (Ea aa:ident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per acdoem) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLALIABIUTY EACHOCCURENCE $ IOCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ I $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? II yes, describe under SPECIAL PROVISIONS below 46-004310-01-04 06/01/08 06/01/09 WCSLAIU- U:H X ITORY LIMITS ER EL EACH ACCIDENT $1, 000,000 EL DISEASE - EA EMPLOYEE ""— - - -----" E L DISEASE - POLICY JMfT $ 1, 000, 000' $ 1, 000, 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CANCELLATION City of National City 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS 'WRITTEN NOIICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIV s OD78336 ACORD 25 (2001/08) ® ACORD CORPORATION 1988 Date: 4/29/2009 Time: 8:33 AM To: 6194725637 @ 6194725637 949-472-6568 Page: 004 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) RESOLUTION NO. 2009 — 82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO MJC CONSTRUCTION COMPANY IN THE AMOUNT OF $84,722 FOR PHASE 2 (FURNISHINGS) OF THE NATIONAL CITY REMODELING AND RENOVATION OF PARKS AND RECREATION FACILITIES PROJECT WHEREAS, the Engineering Department, in open session on April 7, 2009, did publicly open, examine, and declare 15 sealed bids for Phase 2 (Furnishings) of the National City Remodeling and Renovation of Parks and Recreation Facilities Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for Phase 2 (Furnishings) of the National City Remodeling and Renovation of Parks and Recreation Facilities Project to the lowest responsive, responsible bidder, to wit: MJC CONSTRUCTION COMPANY 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 amount of $84,722 with MJC Construction Company for Phase 2 (Furnishings) of the National City Remodeling and Renovation of Parks and Recreation Facilities Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of April, 20 . on Morrison, Mayor ATTEST:44A(4) t Mich el R. Dalla, iClerk APPROVED AS TO FORM: George H. iser, III City Attorney Passed and adopted by the Council of the City of National City, California, on April 21, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California !/ 1 City Clerk of the City ofTlational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-82 of the City of National City, California, passed and adopted by the Council of said City on April 21, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT NoieMEETING DATE April 21, 2009 AGENDA ITEM NO. 10 ITEM TITLE A Resolution of the City Council of the City of National City awarding a Contract to MJC Construction Company in the amount of $84,722.00 for the National City Parks Rehabilitation Furnishings Project (Phase 2). (Funded through General Funds) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT Engineering EXT. 4388 Environmental Review X N/A MIS Approval Financial Statement Approved By: ance Director The total estimated amount for the work is $119,100. Funding is available through Account 001-409-500- 598-4127. (General Funds). Account No. STAFF RECOMMENDATION Adopt the Res. ution BOARD / COMMISSION REC • MME$D ION N/A I ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Bid Opening Information Sheet 3. Bid Summary for the three lowest bidders A-200 (Rev. 7/03) SPEC 07-06-B-MJC City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 June 1, 2009 Mr. Javier Jimenez MJC Construction 3015 Sylvia Street Bonita, CA 91902 Dear Mr. Jimenez, On April 21st, 2009, Resolution No. 2009-82 was passed and adopted by the City Council of the City of National City, awarding a contract to MJC Construction Company. We are enclosing for your records a certified copy of the above Resolution and a fully executed original contract. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept. ® Recycled Paper